Section Newsletters

Articles From Carol A. Cesaretti

Benefits slip away from claimant By Carol A. Cesaretti Workers’ Compensation Law, September 2006 The First District of the Illinois Appellate Court held that claimant’s slip and fall in the employee bathroom did not arise out of her employment. First Cash Financial Services v. Industrial Comm’n, 2006 WL 2072314 (1st Dist.).
Not speculation or conjecture to rely on similarly situated employees to determine amount claimant would have earned in usual and customary employment By Carol A. Cesaretti Workers’ Compensation Law, September 2006 On July 12, 2006, the Appellate Court, First District, held that it was not speculation and conjecture for the commission to rely on similarly situated employees in determining the claimant’s earnings in her usual and customary employment in calculating a wage differential award. 
Commission lacks jurisdiction to review Section 8(d)(1) award By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In its recent decision in Cassens Transport Co. v. Industrial Commission, 2006 WL 360186 (Ill., 2006), the Illinois Supreme Court held that the Commission lacked jurisdiction to reopen or modify a 10-year-old wage differential award under the Workers’ Compensation Act.
Pekin Insurance v. Anthony Hiera By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In this Fourth District case, the appellate court affirmed the decision of the trial court granting Hiera’s motion for an immediate UM arbitration and denying Pekin’s motion to stay said proceedings.
Section 19(n) interest for medical expenses awards affirmed By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In Vulcan Materials Company v. Industrial Commission, 2005 WL 3489567 (Ill.App. 1 Dist., Dec. 21, 2005), the Illinois Appellate Court affirmed a Commission decision declaring medical expense awards to be “compensation” under the Act and subject to interest pursuant to Section 19(n).
Penalties denied: Armour Swift-Eckrich v. Industrial Commission By Carol A. Cesaretti Workers’ Compensation Law, August 2005 On January 15, 1998, claimant, James Williams, suffered repetitive trauma injuries to both of his arms while in the course of his employment with Armour Swift-Eckrich ("Armour").
Certification of hospital records By Carol A. Cesaretti Workers’ Compensation Law, December 2004 National Wrecking v. Industrial Commission, establishes that certification of hospital records is the bare minimum procedural requirement for proper admission under Section 16 of the Act if the parties do not stipulate to the admission of such records.
“Increased risk” as analyzed by the 5th District By Carol A. Cesaretti Workers’ Compensation Law, December 2004 In Nascote Industries v. Industrial Commission, 2004 Ill.App. LEXIS 1326 5-03-0706WC (5th Dist. 2004) the 5th District distinguished Caterpillar Tractor in its analysis of what constitutes "increased risk."
Retaliatory discharge By Carol A. Cesaretti Workers’ Compensation Law, December 2004 In Kevin C. Carter v. Tennant Company, 383 F.3d 673 (7th Cir, 2004), the Seventh Circuit held that because Carter was dishonest in filling out the "Health History Questionnaire" portion of his application that inquired about his prior work-related injuries and medical care, Tennant had a valid, non-pretextual reason to discharge him.
A valued investigation By Carol A. Cesaretti Workers’ Compensation Law, December 2004 In Robert Ross v. Entenmann's Bakery and Industrial Commission of Illinois, 2004 Ill.App. LEXIS 1246, the First District affirmed the Commission's decision holding that the claimant failed to prove an accidental injury arising out of and in the course of his employment.

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