Section Newsletters

Articles From Kenneth F. Werts

Editor’s Note By Kenneth F. Werts Workers’ Compensation Law, July 2023 An introduction to the issue from one of the editors.
Independent truck driver vs. employee By Kenneth F. Werts Workers’ Compensation Law, September 2015 An examination of Steel & Machinery Transport, Inc. v. Workers’ Compensation Commission.
A historical view of the Workers’ Compensation Act, part 2 By Kenneth F. Werts, Patrick D. Czuprynski, & Richard D. Hannigan Workers’ Compensation Law, October 2014 The second in this two-part series looking at the evolution of Illinois' workers' compensation system.
Claim for chronic obstructive pulmonary disease not allowed when employee timely filed claim within the statute of limitations for coal miners pneumoconiosis but not chronic obstructive pulmonary disease By Kenneth F. Werts Workers’ Compensation Law, July 2014 Those who are filing claims for occupational disease involving ventilatory impairment due to coal dust exposure should file their claims within three years of the date of disablement to be certain that the claim is timely filed.
A historical view of the Workers’ Compensation Act By Kenneth F. Werts & Richard D. Hannigan Workers’ Compensation Law, July 2014 The first in a two-part series looking at the evolution of Illinois' workers' compensation system.
QBE Insurance: A cautionary tale By Kenneth F. Werts Workers’ Compensation Law, October 2013 In this recent case, QBE filed a motion with the Commission requesting that it be named a party to the case citing Section 4(g) of the Act.
Black lung: Do I file in the federal court pursuant to the Black Lung Benefits Act or the IWCC pursuant to the Occupational Disease Act? And if choosing one over the other, does that create collateral estoppel? By Kenneth F. Werts Workers’ Compensation Law, July 2012 In the case of Donald Edmonds v. Illinois Workers’ Compensation Commission, the Appellate Court looked at when the doctrine of collateral estoppel will apply to a state claim based upon an earlier decision made on an issue by the Department of Labor.
Suspension of benefits for failure to attend Section 12 examination proper where employer disputes that Claimant is an “employee entitled to receive disability benefits” By Kenneth F. Werts Workers’ Compensation Law, August 2005 Is an employer within its rights in refusing to pay temporary total disability benefits where the employee refuses to attend a Section 12 examination, and where the employer denies liability and declines to make temporary total disability benefit payments to the employee at the time it requests the exam?
Proposed ergonomics program standard By Kenneth F. Werts Workers’ Compensation Law, March 2001 The Occupational Safety and Health Administration has proposed an "Ergonomics Program Standard" to address so-called work-related musculoskeletal disorders (WMSDs) which it asserts is the leading cause of lost-workday injuries and workers' compensation costs.

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