Section Newsletters

Articles From Richard D. Hannigan

What consequences does an employer face when there is a refusal to authorize treatment? A petitioner’s perspective By Richard D. Hannigan Workers’ Compensation Law, July 2012 A summary of the recent case of Hollywood Casino – Aurora v. Illinois Workers’ Compensation Commission.
Does a shoulder injury entitle one to compensation pursuant to Section 8(d)(2)or a specific loss of use of the arm? By Richard D. Hannigan Workers’ Compensation Law, April 2012 In finding the injury involved the shoulder, the Appellate Court of Illinois Third District Workers’ Compensation Commission Division ruled that the shoulder is part of a person and not part of the arm.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, April 2012 A message from Newsletter Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, January 2012 An introduction to the issue from Editor Rich Hannigan.
Should the Legislature consider further changes to the Act? By Richard D. Hannigan Workers’ Compensation Law, January 2012 The years 2012 and 2013 will determine what effects the changes in the Workers’ Compensation Act will have upon the injured worker, the employer, the insurance companies and the cost of doing business in the state of Illinois. The author argues that it's just too soon to implement any additional changes.
Chairman Mitch Weisz interview By Richard D. Hannigan Workers’ Compensation Law, November 2011 Learn more about the various procedural and substantive changes that have come about as a result of the workers’ compensation reform signed by Governor Quinn on June 28, 2011.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, November 2011 An introduction and news updates from Editor Rich Hannigan.
If you call it a bonus, is it necessarily excluded from the calculation of average weekly wage? And when do you include overtime in the calculation of average weekly wage? By Richard D. Hannigan Workers’ Compensation Law, November 2011 The court stated that there is a distinction between incentive-based pay, which an employee receives in consideration for specific work performed as a matter of contractual right and a bonus which an employee receives for no consideration or in consideration for overall performance a,t the sole discretion of the employer.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, August 2011 News updates of interest to workers' compensation lawyers, from editor Rich Hannigan.
Who has jurisdiction over workers’ compensation fraud? By Richard D. Hannigan Workers’ Compensation Law, August 2011 Because the petitioner’s case involved questions of fact and not law, the circuit court lacked jurisdiction to hear the fraud complaint and found that the Illinois Workers’ Compensation Commission is the proper jurisdiction.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, June 2011 An introduction to the issue from Editor Richard D. Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, February 2011 An introduction to the issue from Editor Richard D. Hannigan.
Why don’t we simply abolish the Workers’ Compensation Act? By Richard D. Hannigan Workers’ Compensation Law, February 2011 The author would rather abolish the Workers' Compensation Act and let a jury consider cases under tort law.
Workers’ Compensation Reform in the December 2010 veto session By Richard D. Hannigan Workers’ Compensation Law, February 2011 A summary of the recent discussions within the Illinois House and Senate Committee meetings on Workers' Compensation Reform.
1 comment (Most recent January 25, 2011)
10/14/10 interview with Arbitrator Robert Lammie By Richard D. Hannigan Workers’ Compensation Law, December 2010 A little insight into Arbitrator Lammie.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, December 2010 What's new in workers' compensation law.
John Adams. Who is he and why should I get to know him? By Richard D. Hannigan Workers’ Compensation Law, December 2010 John Adams is the person behind the minimum continuing legal education seminars that are presented by the ISBA twice a year.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2010 An introduction to the issue from Editor Richard D. Hannigan.
How not to terminate permanent total disability benefits By Richard D. Hannigan Workers’ Compensation Law, September 2010 A respondent is not entitled to review the employee’s tax returns as part of its petition for modification.
How to calculate average weekly wage of current employer in an 8(d)1 situation By Richard D. Hannigan Workers’ Compensation Law, September 2010 Section 10 of the Workers' Compensation Act explicitly states that overtime is excluded from the calculation of average weekly wage unless overtime is mandatory or worked on a regular basis.
How to obtain medical records in light of Holtkamp v. Clayton By Richard D. Hannigan Workers’ Compensation Law, September 2010 The appellate court in Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois found that the paper that the medical records are on and the ink that is used to create the medical records are the property of the medical provider. To command the medical provider to mail medical records to the injured worker would be a confiscation of the medical provider’s property.
5/13/10 interview with Mitch Weisz By Richard D. Hannigan Workers’ Compensation Law, June 2010 Get to know IWCC Chairman Mitch Weisz.
Are we moving toward a motion practice? By Richard D. Hannigan Workers’ Compensation Law, June 2010 A look at the case of Dennis Hagemann v. IWCC.
Do some medical providers hold their testimony for ransom? By Richard D. Hannigan Workers’ Compensation Law, June 2010 What exactly is a "reasonable" fee for the time and travel costs related to a doctor's expert testimony?
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, June 2010 An introduction to the issue from Editor Richard D. Hannigan.
1 comment (Most recent June 10, 2010)
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan Workers’ Compensation Law, June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2010 The views and opinions of the editor of the Workers' Compensation Law Section newsletter.
2 comments (Most recent March 5, 2010)
Bad things happen when the adjuster hangs onto the file By Richard D. Hannigan Workers’ Compensation Law, December 2009 All too often an adjuster will hang onto a file until either just before or just after a hearing. The file will then be sent to the defense attorney and the defense attorney is then given the herculean task of trying to unring a bell or put toothpaste back in the tube.  
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, December 2009 Please note that the opinions contained in these articles and interviews are not necessary the opinions of the Illinois State Bar Association and are solely the opinion of the author.
November 16, 2009 Interview with Arbitrator Edward Lee By Richard D. Hannigan Workers’ Compensation Law, December 2009 Arbitrator Lee, on behalf of the Illinois State Bar Association I would like to thank you for this opportunity to sit down and discuss your background and experience as an arbitrator at the Illinois Workers’ Compensation Commission.

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