Articles From Richard D. Hannigan

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.
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.
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.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, September 2009 An introduction to the issue from Editor Rich Hannigan.
Interview with Arbitrator Joann Fratianni By Richard D. Hannigan Workers' Compensation Law, September 2009 Get to know more about Arbitrator Joann Fratianni.
Can the Commission award penalties pursuant § 19(k) and 16 for prospective medical care? By Richard D. Hannigan Workers' Compensation Law, June 2009 In what was first a Rule 23 order entered March 6, 2009 and now a published decision filed May 13, 2009, the Illinois Appellate Court, Workers’ Compensation Division, in Residential Carpentry v. Workers’ Compensation Commission, No. 03-08-0122WC, affirmed a case where the arbitrator awarded temporary total disability benefits and penalties on prospective medical expenses.  
Does a 4(c) petition and/or a rule to show cause survive an approved settlement contract? By Richard D. Hannigan Workers' Compensation Law, June 2009 On April 14, 2009 the author had the opportunity to be present during the Appellate Court oral argument when two former presidents of the Illinois Workers’ Compensation Lawyers Association went toe-to-toe on a rule to show cause filed by the petitioner’s attorney Richard Aleksy against the adjuster and insurance company who where represented by Ms. Elaine Newquist.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, June 2009 An introduction to the issue from Editor Rich Hannigan.
Medical bills: What a dilemma! By Richard D. Hannigan Workers' Compensation Law, June 2009 Resolving issues regarding medical bills and expenses have become a daunting task for the petitioner’s attorney and the respondent. This is true whether the case is contested or uncontested.  
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, March 2009 An introduction to the issue from Editor Rich Hannigan.
Interview with Chairman Amy Masters By Richard D. Hannigan Workers' Compensation Law, March 2009 Get to know about Amy Masters, chairperson of the Illinois Workers' Compensation Commission.
Editor’s note By Richard D. Hannigan Workers' Compensation Law, December 2008 Unless you have been out of the country or in a coma this is not news to you.
Interview with Arbitrator Gerald Jutila October 31, 2008/November 13, 2008 By Richard D. Hannigan Workers' Compensation Law, December 2008 Hannigan: First, I’d like to thank you for allowing me to sit down with you. How are you doing today?
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, September 2008 Workers' Compensation updates from Editor Rich Hannigan.
Attorney fees for the discharged attorney: Does it pay to be the second attorney? By Richard D. Hannigan Workers' Compensation Law, June 2008 Ted Collison, a prominent Petitioner’s attorney from Northbrook, was kind enough to forward an appellate court decision regarding attorney fees.
Editor’s note By Richard D. Hannigan Workers' Compensation Law, June 2008 The ISBA Section Counsel members thank John Shepherd of Williams and McCarthy (Rockford)for the dedication and leadership he has shown as chairman of our section for the past year.
Extra scrutiny revisited By Richard D. Hannigan Workers' Compensation Law, June 2008 The S&H Floor Covering Inc. v. Illinois Workers’ Compensation Commission decision affirmed that it may be time to give credence to Cook v. Industrial Commission and provide for “an extra degree of scrutiny” when determining whether there is sufficient support for the Commission’s decision especially when the Commission makes credibility determinations regardless of the arbitrator’s findings.”
If you do not ask the respondent to pay for the medical provider’s expenses does the medical provider count as a choice? By Richard D. Hannigan Workers' Compensation Law, June 2008 In Comfort Masters v. The Workers’ Compensation Commission et al. (Onasis Youanis) No. 1—07—1951WC, filed May 20, 2008 by the Appellate Court of Illinois, First District, Workers’ Compensation Commission Division, the five justices unanimously answered in the negative.
Sanctions at the Circuit Court Level By Richard D. Hannigan Workers' Compensation Law, June 2008 Rarely will the courts allow sanctions pursuant to Supreme Court Rule 137.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, March 2008 The co-editors of this newsletter appreciate the positive feedback we have received for each issue that we have produced.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, December 2007 Chairman Dennis Ruth has decided to seek a judgeship in Third Judicial Circuit. On September 26, the Madison St. Clair Record 2007 reported:
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, September 2007 On August 17, 2007 Chairman Dennis Ruth made the following announcement:
Waiver of Section 5b lien By Richard D. Hannigan Workers' Compensation Law, September 2007 Did you use to worry that you waived your Section 5 lien when you entered into a settlement contract?

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