Section Newsletters

Articles From Richard D. Hannigan

Is it possible to file a 19(h) petition more than 30 months after a final award? By Richard D. Hannigan Workers’ Compensation Law, June 2006 The answer is: It depends. In Kenneth W. Behe v. Industrial Commission, 2006 WL 1382058 2nd District May 5, 2006 the Appellate Court discusses the issue of how many 19(h) Petitions can be filed.
Respondent appeals nature and extent award of 22.5% loss of use of each arm and 22.5% loss of use of each hand By Richard D. Hannigan Workers’ Compensation Law, June 2006 In this Rule 23 case, it was not disputed that the Petitioner developed bilateral carpal tunnel syndrome and bilateral cubital tunnel syndrome.
Was passing through that door an increased risk? Must the injured worker present expert testimony that the preexisting condition was not the cause of the current condition of ill-being? By Richard D. Hannigan Workers’ Compensation Law, June 2006 University of Illinois v. Industrial Commission, 2006 WL 1169811 1st District May 3, (2006) involves an employee who had a prior knee injury that resulted in knee surgery in August of 1999.
Co-editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2006 Congratulations go out to our Chair, John Adams, Vice Chair, Deborah Benzing and Secretary, John Sheperd, as well as all of the lecturers who presented the ISBA with two educational seminars in February of this year.
Co-Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, January 2006 MCLE (minimum, not mandatory, continuing legal education) is here. The officers of the Workers’ Compensation Section, John Adams, Deborah Benzing, John Shepard, the co-editors and all of the counsel section members are working to deliver quality material to assist you in meeting your bi-yearly requirements.
Co-editor’s notes By Richard D. Hannigan Workers’ Compensation Law, August 2005 A message from Editor Rich Hannigan.
Who benefits from adjustments to medical bills paid by a third-party group insurance carrier? The employer or injured worker? By Richard D. Hannigan Workers’ Compensation Law, August 2005 In Joyce Arthur, Appellee, v. Laurie Catour Appellants et.al. Docket Nos. 07920, 97946 cons.-Agenda-November 2004; the following question was certified to the Supreme Court moving through the system pursuant to Supreme Court Rule 308
Co-editor’s notes By Richard D. Hannigan Workers’ Compensation Law, June 2005 As of this writing sweeping amendments have been added to the Act and placed before the Governor. There is every reason to believe that by the time you read this, they will be signed into law.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2005 If you blinked you may have missed the flurry of activity at the Commission.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2004 A message from Editor Rich Hannigan.
Industrial Commission news By Richard D. Hannigan Workers’ Compensation Law, June 2004 By the time this newsletter is received by your office there may be amendments to the Workers' Compensation Act.
Clerical error. When is the proper time to file a Review? By Richard D. Hannigan Workers’ Compensation Law, March 2004 The appellate court seems to deal with this issue once every four years. In Diane Schultz v Forest Preserve District of Cook County, 1-02-2860 WC filed by the First District Appellate Court, Industrial Commission Division revisited that issue.
Commission news By Richard D. Hannigan Workers’ Compensation Law, March 2004 Updates of interest to workers' comp law practitioners.
When filing a summons for the employer, make sure the principal signs the bond By Richard D. Hannigan Workers’ Compensation Law, March 2004 In Freedom Graphic Systems, Inc. v. Industrial Commission, the appellate court addresses the issue of whether section 19(f) requires "strict compliance" when a bond is filed with the circuit court but unsigned.
Commission News By Richard D. Hannigan Workers’ Compensation Law, December 2003 Updates from the Illinois Industrial Commission.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2003 Gerald F. Cooper has completed a successful term as Chairperson of the Workers' Compensation Law Council Section.
Sisbro revisited By Richard D. Hannigan Workers’ Compensation Law, September 2003 What if everyone agreed that the employee had a pre-existing condition that had so far deteriorated that any activity could or might cause the employee to become disabled and require treatment?
Appellate court does not have jurisdiction to hear direct appeal from Industrial Commission decision By Richard D. Hannigan Workers’ Compensation Law, April 2003 In Pace Bus Company v. Industrial Commission, the appellate court, First Judicial District dismissed an appeal by the employer ruling that they lacked jurisdiction to hear an appeal directly from an Industrial Commission decision.
Hearing loss—Who is liable? By Richard D. Hannigan Workers’ Compensation Law, April 2003 In our April, 2002 newsletter, Steve Grady discussed Hamilton v. Industrial Commission, 326 Ill.App.3d 602; 761 N.E.2d 775; 260 Ill.Dec. 592. Since then, the Supreme Court of the State of Illinois accepted the case and has affirmed the appellate court.
Injury at picnic voluntary/mandatory attendance By Richard D. Hannigan Workers’ Compensation Law, April 2003 On September 18, 1998 the claimant was at a company picnic and was playing basketball on the company parking lot when he injured his right knee.
Is a juror an employee of the county? By Richard D. Hannigan Workers’ Compensation Law, April 2003 The appellate court of Illinois Third District answered that question in the negative.
Parking lot injury/lot not “provided for” by employer By Richard D. Hannigan Workers’ Compensation Law, April 2003 Whether an injury in a parking is compensable may depend upon whether the lot was "provided for" by the employer.
Res judicata/collateral estoppel/rule of the case By Richard D. Hannigan Workers’ Compensation Law, April 2003 The claimant filed a 19(b), alleging that as a result of a fall on January 21, 1991 he injured his left knee, neck, and back.
Section 16 fees and costs By Richard D. Hannigan Workers’ Compensation Law, April 2003 On February 5, 2003 the Appellate Court Second Division filed it's decision involving James Williams v. Industrial Commission.
Where have our mentors gone? By Richard D. Hannigan Workers’ Compensation Law, April 2003 If we want, we can learn from everyone we come in contact with.
Notes from the co-editors By Paul W. Wiedner & Richard D. Hannigan Workers’ Compensation Law, January 2003 As reported in the last newsletter, Commissioner Richard Madigan resigned effective July 8, 2002 from the Illinois Industrial Commission. Paul Rink accepted a temporary assignment as the public member. Mr. Rink's appointment expires December 31, 2002.
Notes from the editor By Richard D. Hannigan Workers’ Compensation Law, October 2002 Commissioner Robert Madigan resigned effective July 8, 2002. Paul Rink has accepted a temporary appointment to serve as the public-member (Panel A) through December 31, 2002.
19(b)1 is no place for rehab By Richard D. Hannigan Workers’ Compensation Law, April 2002 On February 1, 2002 the appellate court filed it's decision on Mobil Oil Corp. vs. Industrial Commission (David Haberkorn). At the time of this publication the decision is not final and subject to change.
Commissioners of the Industrial Commission By Richard D. Hannigan Workers’ Compensation Law, April 2002 For those of you who are not familiar with the Commissioner's who hear your oral 19(h) and 8(a) petitions, hear oral argument, rule on your motions at the review level and administer to the functioning of the Industrial Commission, a brief note is in order.
The common fund doctrine/entitlement to attorney fees By Richard D. Hannigan Workers’ Compensation Law, April 2002 The Illinois Supreme Court has reaffirmed the application of the common fund doctrine to the recoupment of attorney fees from a third party group carrier who made payment of medical bills pursuant to it's group policy.

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