Publications

Section Newsletter Articles From Cameron B. Clark

Attorney fee-share agreements and Rule 1.5(e) of the Illinois Rules of Professional Conduct By Cameron B. Clark Workers' Compensation Law, January 2017 In Ferris, Thompson, & Zweig, Ltd., v. Esposito, the appellate court determined that the Plaintiff’s complaint over enforcement of an attorney fee-share agreement should not have been dismissed.
Appellate court issues decision on June 28, 2016 regarding the failure of the parties to offer an AMA rating exam into evidence By Richard D. Hannigan and Cameron B. Clark Workers' Compensation Law, July 2016 With the decision in Corn Belt Energy Corp. v. Illinois Workers’ Compensation Commission, the courts are one step closer to resolving the issue of whether the submission of a PPD rating report into evidence (also referred to as an AMA rating examination) is mandatory in order for the Illinois Workers’ Compensation Commission to award permanent partial disability benefits.
Should you try a nature and extent case without a sixth edition AMA guideline rating? By Richard D. Hannigan and Cameron B. Clark Workers' Compensation Law, July 2016 If you are considering trying a case in the near future and permanent partial disability is an issue, the authors suggest you consider whether you wish to have an AMA rating submitted to the arbitrator for consideration.
Claimant’s left knee injury while sitting on a chair and welding “arises out of his employment” By Cameron B. Clark Workers' Compensation Law, December 2015 In Adcock v. IWCC, the appellate court reviewed the requirement that a claimant must show by a preponderance of the evidence that his injury “arose out of” and “in the course of” his employment in order to be compensable.
Bank teller’s alleged intentional-tort claim is “held up” by exclusivity provision of the Act By Cameron B. Clark Workers' Compensation Law, January 2013 In Glasgow v. Associated Banc-Corp., a bank teller who was allegedly injured during a bank robbery brought an intentional tort action against the bank and branch where she worked.
Prior stipulation by employer dooms its jurisdictional argument By Cameron B. Clark Workers' Compensation Law, January 2013 IIngrassia Interior Elements v. Illinois Workers’ Compensation Commission, the claimant filed a Petition for Review of the Arbitrator’s decision denying his claim pursuant to the Act.
Truck driver hauls in the necessary evidence to establish an employer-employee relationship and employer loses jurisdictional argument due to service on the Commission By Cameron B. Clark Workers' Compensation Law, January 2013 In Labuz v. Illinois Workers’ Compensation Commission, both the claimant, a truck driver, and his purported employer sought review of the decision of the Commission awarding claimant certain benefits for neck, back and left shoulder injuries.
2011 year in review—A summary of appellate case law By Cameron B. Clark and Catherine Krenz Doan Workers' Compensation Law, January 2012 A brief summary of the past year's issues and holdings of the appellate court in 30 court opinions.
Despite conviction for battery, claimant was not collaterally estopped from arguing the issue of “aggressor” in a workplace altercation By Cameron B. Clark Workers' Compensation Law, December 2009 In Bassgar, Inc. v. Illinois Workers’ Compensation Commission, 2009 WL 3367053 (Ill.App.3d Dist., October 15, 2009), the Illinois Appellate Court held that the evidence submitted at arbitration supported the Commission’s finding that the claimant was not the initial aggressor in an altercation, and thus claimant’s arm injury was compensable. 
First-grade reading teacher properly calculated AWW By Cameron B. Clark Workers' Compensation Law, December 2009 In Washington District 50 Schools v. Illinois Workers’ Compensation Commission, 2009 WL 3366466 (Ill.App.3d Dist., October 16, 2009), the Illinois Appellate Court, in a case of first impression, found that the time for which a school teacher was retained to work defines her “employment” with regard to the calculation of her average weekly wage under Section 10 of the Act.
The contract for hire: The exclusive test for determining jurisdiction By Cameron B. Clark Workers' Compensation Law, March 2006 This article will focus on the Supreme Court’s analysis of the issue presented before it. For a full discussion of the facts surrounding the Mahoney decision, please refer to the March 2005  issue of the ISBA Worker’s Compensation Law Newsletter, Vol. 42, No. 3. 
Double denial results in single victory for injured claimant By Cameron B. Clark Workers' Compensation Law, March 2006 In Dunlap v. Nestle USA, Inc., 2005 U.S.App. LEXIS 27070 (7th Circuit 2005), the United States Court of Appeals for the Seventh Circuit in a decision issued by Judge Wood, addressed the issue of whether the exclusivity provisions of the Act precluded the injured worker from pursuing a tort action against his employer.
Attorneys’ pleas for fees pays off By Cameron B. Clark Workers' Compensation Law, January 2006 In Alvarado v. Industrial Commission, the Illinois Supreme Court, in a decision delivered by Justice Thomas, addressed the issue of whether the Commission may award attorney fees to a claimant’s former attorney several months after the Commission approved a settlement between the claimant and his employer.
Estate wins debate over abatement of claim By Cameron B. Clark Workers' Compensation Law, January 2006 In Nationwide Bank, the appellate court was faced with the question of whether or not a claim abated upon the death of the injured worker’s spouse.
Teacher handcuffs benefits By Cameron B. Clark Workers' Compensation Law, January 2006 In Rotberg v. Industrial Commission, the Illinois Appellate Court, in a decision delivered by Justice Hoffman, reviewed the decision of the Commission denying workers’ compensation benefits to a teacher.
Volunteer slides away from contribution claim By Cameron B. Clark Workers' Compensation Law, January 2006 In Flores v. Palmer Marketing, Inc., the Illinois Appellate Court, in a decision delivered by Justice O’Brien, addressed the issue of whether or not a claim for contribution against a “volunteer” of the employer was barred by Section 5(a) of the Workers’ Compensation Act.
Widow’s claim for benefits runs out of road By Cameron B. Clark Workers' Compensation Law, January 2006 In Swartz v. Industrial Commission, the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue of whether a causal connection existed between the claimant’s employment and his fatal cardiac event.
To admit or not to admit: The vexing issue of the admissibility of medical bills By Cameron B. Clark Workers' Compensation Law, August 2005 In Land and Lakes Company v. Industrial Commission, 2005 WL 1252304(Ill.App. 2d Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Callum, addressed a number of issues. The issues included 1) evidentiary ruling regarding the admission of medical bills into evidence; 2) medical causal connection; 3) prospective medical care; and 4) claimant's entitlement to temporary total disability benefits.
Nursing assistant aided by Commission By Cameron B. Clark Workers' Compensation Law, June 2005 In Kishwaukee Community Hospital v. Industrial Commission, 2005 WL 603095 (Ill.App. 2nd Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Goldenhersh, addressed the issues of notice, medical causal connection, the admissibility of claimant's treating physician's deposition testimony, and claimant's entitlement to temporary total disability benefits.
A $1 contract cost insurance carrier $37,500 By Cameron B. Clark Workers' Compensation Law, March 2005 In Sheppard v. Rebidas, 820 N.E.2d 1089, 290 Ill.Dec. 22 (1st Dist. 2004), the Illinois Appellate Court in a decision issued by Justice Greiman, addressed the issue of Section 5(b) lien rights relative to three unconsolidated claims.
Beware of stipulations By Cameron B. Clark Workers' Compensation Law, March 2005 In Walker v. Illinois Industrial Commission, 345 Ill.App.3d 1084, 804 N.E.2d 135 (4th Dist., 2004), the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue as to whether or not the information contained on the Industrial Commission Request for Hearing form is binding upon the parties.
The contract for hire: Is it the exclusive test for determining jurisdiction? By Cameron B. Clark Workers' Compensation Law, March 2005 The First District Appellate Court addressed the issue as to whether the site of the contract for hire is the exclusive test for determining the applicability of the Illinois Workers' Compensation Act to persons whose employment is outside of the state of Illinois where the contract for hire is made within Illinois.

Spot an error in your article? Contact Sara Anderson at sanderson@isba.org. For information on obtaining a copy of an article,visit the ISBA Newsletters page.

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