Articles From Richard D. Hannigan

The Appellate Court Is Not Afraid to Reverse the IWCC Based Upon Manifest Weight of the Evidence By Richard D. Hannigan Workers' Compensation Law, September 2019 In a recent Rule 23 decision, the court held that when utilizing the manifest weight of the evidence standard, the test is whether the evidence is sufficient to support the Commission’s finding and not whether the opposite conslusion might be reached.
Editor’s Comments By Richard D. Hannigan Workers' Compensation Law, September 2019 A note from the editor, Richard D. Hannigan.
If the Decedent Is Paid Cash and His Biological Child Is Adopted After Dis Death, Was He an Employee and Is That Child Entitled to the Death Benefit? By Richard D. Hannigan Workers' Compensation Law, September 2019 In Ravenswood Disposal Service v. IWCC,  the court grappled with the issues of employer/employee, payment of medical expenses, and penalties under a manifest weight theory, as well the issue of the dependency of a child who was adopted by another after decedent’s accident under a question of law theory.
Loaned/Borrowed Employee and the Exclusive Remedy By Richard D. Hannigan Workers' Compensation Law, September 2019 While some employers and insurance companies may bemoan the benefits afforded an injured worker they certainly benefit from sections 1(a)(4) and 5 of the Workers’ Compensation Act.
Editor’s note By Richard D. Hannigan Workers' Compensation Law, April 2019 An introduction to the issue from the editor, Richard D. Hannigan.
Get to know the appellate court justices of the Workers’ Compensation Commission Division By Richard D. Hannigan Workers' Compensation Law, April 2019 Biographies of Justice Thomas Hoffman and Hon. Donald C. Hudson.
Governor’s Pritzker’s commission appointments By Richard D. Hannigan Workers' Compensation Law, April 2019 Recent appointments to the Illinois Workers' Compensation Commission.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, December 2018 An introduction to the issue from the newsletter editor, Richard D. Hannigan.
Editor’s note By Richard D. Hannigan Workers' Compensation Law, September 2018 An introduction to the issue from the newsletter editor, Richard D. Hannigan.
Editor’s note By Richard D. Hannigan Workers' Compensation Law, July 2018 An introduction to the issue from Rich Hannigan.
Commission interpretations of medical issues in the absence of an expert opinion By Richard D. Hannigan Workers' Compensation Law, May 2018 The appellate court on numerous occasions has indicated that it will rely on the Illinois Workers' Compensation Commission’s expertise when it comes to medical issues. However, the Commission may not interpret an MRI when that interpretation is not supported by a medical expert's opinion.
Editor’s note By Richard D. Hannigan Workers' Compensation Law, May 2018 An introduction to the issue from Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, January 2018 An introduction to the issue from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, November 2017 An introduction to this issue from Editor Rich Hannigan.
A fee for all or, How do I argue that my prior attorneys are entitled to twenty cents in attorney fees? By Richard D. Hannigan Workers' Compensation Law, November 2017 Joiner v. IWCC is a must-read for attorneys representing injured workers before the Commission. It involves a case where the Claimant not only terminated one attorney but three attorneys. The last attorney was terminated nine days after she conveyed a $290,000 offer to Claimant.
Can CMS dictate to their attorney what defenses it must raise in the context of defending WC cases? By Richard D. Hannigan Workers' Compensation Law, September 2017 CMS argued that the Atty. Gen.’s refusal to raise the employer/employee defendants constituted a conflict of interest such that special counsel should be appointed. However, the Constitution of the State of Illinois gives the Atty. Gen. the authority to decide what arguments, strategies and litigation tactics to employee in defending claims.
Does Holocker v. IWCC take down Interstate Scaffolding? By Richard D. Hannigan Workers' Compensation Law, September 2017 The answer is that Holocker helps to clarify Interstate Scaffolding. The respondent’s attorney should use this case as a textbook outline on how to defeat a claim for temporary total disability benefits when the employee has been terminated by his employer prior to reaching maximum medical improvement.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, September 2017 News and updates from editor Rich Hannigan.
Interview with Madam Chairman Joann Fratianni and Ron Rascia By Richard D. Hannigan Workers' Compensation Law, September 2017 Newsletter editor Rich Hannigan interviews Joanne Fratianni and Ron Rascia.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, June 2017 A message and introduction to the issue from Editor Rich Hannigan.
Once an IWCC settlement contract is final does IWCC still have jurisdiction to hear any motions? By Richard D. Hannigan Workers' Compensation Law, June 2017 It would appear from the decision in Millennium Knickerbocker Hotel v. IWCC and Rudy Guzman, Jr. that unless there is an issue regarding penalties the commission lacks jurisdiction to hear any motion.
What do I have to do to get them to pay the award? By Richard D. Hannigan Workers' Compensation Law, June 2017 A summary of Brittany M. Theis v IWCC et al.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, March 2017 News and updates from Editor Rich Hannigan.
Appellate court warns practitioners to comply with Supreme Court Rule 341(h)(3) or have their brief stricken By Richard D. Hannigan Workers' Compensation Law, January 2017 The Appellate Court's decision in Dayton Freight Lines v. IWCC et al. contained an admonition: "In the past we have noted the deficiencies in the briefs which we have received but nevertheless addressed the issues raised and the resolve those appeals without striking the offending brief or appendix. In the future, however, this court may not be so inclined. Practitioners would be well advised to heed our warning."
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, January 2017 News and updates from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, September 2016 News and recent updates from Editor Rich Hannigan.
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 & 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.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, July 2016 An introduction to the issue from Editor Rich Hannigan.
Should you try a nature and extent case without a sixth edition AMA guideline rating? By Richard D. Hannigan & 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.
When does the 19(h) review time limitation begin to run? By Richard D. Hannigan Workers' Compensation Law, July 2016 Does it begin to run after the decision has been entered by the Commission? Does it begin to run once a Circuit Court decision becomes final? Alternatively, does it begin to run once an appellate court or Supreme Court decision becomes final? The answer is “it all depends.” 

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