New limitation applied to recovery of medical payments under Section 8(a)
By Arnold G. Rubin & Catherine Krenz Doan
Workers’ Compensation Law,
June 2011
Tower Automotive v. Illinois Workers Compensation Commission is an extremely significant case, and will have a significant impact on those claims for medical benefits prior to February 1, 2006, the effective date of the amendment to Section 8(a) in 2005. 820 ILCS 305/8(a).
Carpenter bypasses employer’s attempts to detour benefits
By Arnold G. Rubin
Workers’ Compensation Law,
January 2006
In order to recover for benefits under the Illinois Workers’ Compensation Act, it is well accepted that a claimant’s work-related injury must “arise out of and in the course of the employment.”
Employer avoids “commutation” order
By Arnold G. Rubin
Workers’ Compensation Law,
January 2006
Section 24 of the Illinois Workers’ Compensation Act provides authority for the Commission to order and direct an employer to deposit the commuted value of the total unpaid compensation with the State Treasurer or with any savings and loan association or State or national bank or trust company doing business in the State.
Can an 8(d)1 award be modified?
By Arnold G. Rubin
Education Law,
March 2005
In Cassens Transport Company v. Illinois Industrial Commission, 2005 WL 95714 (4th Dist., I.C. Div., 2005), the Illinois Appellate Court, in a decision delivered by Justice McCullough, with a concurring opinion by Justice Holdridge, addressed the vexing issue as to whether or not a final award under Section 8(d)1 may be modified in a subsequent proceeding at the Illinois Industrial Commission.
Pre-trial discovery: Is it available for workers’ compensation claims?
By Arnold G. Rubin
Workers’ Compensation Law,
March 2005
The Second District Appellate Court addressed the issue as to whether a claimant in a workers' compensation claim could obtain a surveillance videotape from an employer prior to commencing the Industrial Commission proceeding through an equitable bill of discovery filed in the Circuit Court of DuPage County.
Three post-surgical auto accidents failed to break causal connection chain
By Arnold G. Rubin
Workers’ Compensation Law,
March 2005
In Vogel v. Illinois Workers' Compensation Commission, 2005 WL 42748, (Ill.App. 2nd Dist. 2005), the Illinois Appellate Court, in a decision issued by Justice Callum, addressed the issue of medical causal relationship in light of three automobile accidents subsequent to surgery.
Assessment of penalties for failure to pay medical bills
By Arnold G. Rubin
Workers’ Compensation Law,
January 1999
Section 8(a) of the Illinois Workers' Compensation Act requires that the employer shall provide and "pay for all of the necessary first aid, medical and surgical services and all necessary medical, surgical and hospital services . . . which is reasonably required to cure or relieve the employee from the effects of the accidental injuries."
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