What Is Required to Prove Entitlement to Odd-Lot Permanent Total Disability Benefits
By Monica J. Kiehl
Workers’ Compensation Law,
February 2020
In Barnett v. Illinois Workers’ Compensation Comm’n, the appellate court issued a Rule 23 order that set forth the burden a claimant must meet in order to show permanent and total disability or entitlement to benefits under an odd-lot theory of permanent total disability benefits.
Proving a wage loss differential
By Monica J. Kiehl
Workers’ Compensation Law,
May 2018
Sysco Food Service of Chicago v. Illinois Workers' Compensation Commission underscores not only how much deference the circuit court is required to give the Commission’s determination regarding factual findings, but also how difficult it is to overcome the manifest weight of the evidence standard.
The amount of evidence required to rebut the statutory presumption in 6(f) of the Act
By Monica J. Kiehl
Workers’ Compensation Law,
September 2017
In Johnston v. Illinois Workers’ Comp. Comm’n, et al., the Appellate Court considered the correct standard to be used when rebutting the statutory presumption contained in Section 6(f) of the Act, finding that it is an “ordinary rebuttable presumption,” which merely requires the employer to offer some evidence to show that a petitioner’s condition was caused by something other than his or her occupation.
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