Articles on Workers Compensation

‘Estate of Petitioner’ is Not a Proper Party in a Workers’ Compensation Proceeding By Brad L. Badgley Workers' Compensation Law, October 2019 In Illinois State Treasurer v.  Estate of Kormany, the circuit court's judgment was vacated and remanded to allow a personal representative of a deceased petitioner’s estate to be substituted as the proper party.
Filing Deadlines and Subject Matter Jurisdiction—How 19(f)(1) Plays It’s Role By Matteo Rago Workers' Compensation Law, October 2019 A summary of Briana Conway v. Illinois Workers' Compensation Commission, which highlights the importance of a practitioner to adhere to a timely filing and strict compliance of the Workers’ Compensation Act.
How to Determine Whether an Injury Arises Out of Employment: McAllister v. IWCC, 2019 IL App (1st) 16274WC By Howard H. Ankin & Erin Seivers Workers' Compensation Law, October 2019 A summary of McAllister v. Illinois Workers' Compensation Commission, which explores when an injury arises out of employment.
Rule 23 Decision Affirms Commission’s Insight, Denying Boilermaker’s Incredible, Uncorroborated Claim Involving 10-Ton Channel Head Installation at Refinery By Robert Finley Workers' Compensation Law, October 2019 A summary of Edward Holmes, Jr. v. Illinois Workers’ Compensation Commission, in which the court affirmed the Commission's decision to deny benefits where the Commission's determination that the claimant failed to prove an accident arising out of and in the course of his employment was not against the manifest weight of the evidence.
The Appellate Court Is Not Afraid to Reverse the IWCC Based Upon Manifest Weight of the Evidence By Richard D. Hannigan Workers' Compensation Law, September 2019 In a recent Rule 23 decision, the court held that when utilizing the manifest weight of the evidence standard, the test is whether the evidence is sufficient to support the Commission’s finding and not whether the opposite conslusion might be reached.
Further Clarification on the Law of the Case Doctrine: Jeffrey Grote v. Illinois Workers’ Compensation Commission By Erin Sievers Workers' Compensation Law, September 2019 A summary of Jeffrey Grote v. Illinois Workers’ Compensation Commission.
If the Decedent Is Paid Cash and His Biological Child Is Adopted After Dis Death, Was He an Employee and Is That Child Entitled to the Death Benefit? By Richard D. Hannigan Workers' Compensation Law, September 2019 In Ravenswood Disposal Service v. IWCC,  the court grappled with the issues of employer/employee, payment of medical expenses, and penalties under a manifest weight theory, as well the issue of the dependency of a child who was adopted by another after decedent’s accident under a question of law theory.
Loaned/Borrowed Employee and the Exclusive Remedy By Richard D. Hannigan Workers' Compensation Law, September 2019 While some employers and insurance companies may bemoan the benefits afforded an injured worker they certainly benefit from sections 1(a)(4) and 5 of the Workers’ Compensation Act.
Appellate court affirms commission decision finding petitioner failed to prove his condition of ill-being was causally connected to his work place accident By Timothy C. Steil Workers' Compensation Law, April 2019 The appellate court issued a Rule 23 decision in Lloyd Roberts v. Illinois Worker’s Compensation Comm’n.
Appellate court affirms denial of claim for injuries sustained in auto accident petitioner was involved in on her way to a follow-up doctor’s appointment for her work injury By Monica J. Kiehl Workers' Compensation Law, April 2019 Gaytan v. Illinois Workers’ Compensation Comm’n reaffirms the fact-specific scenarios under which an employee is entitled to workers’ compensation benefits when injured traveling to or from a doctor's appointment.
Appellate court lacks jurisdiction to enforce workers’ compensation subpoena when enforcement has not been attempted via the IWCC By Jack Linn Workers' Compensation Law, April 2019 A summary of Diahann Grasty v. Illinois Workers’ Compensation Comm’n.
Employers face new liabilities for latent injury cases under bill awaiting governor’s signature By Daniel L. Kelley Workers' Compensation Law, April 2019 Illinois Senate Bill 1596 has been approved by the Illinois General Assembly and upon signing by the Governor will allow employees to file civil actions against employers for latent injuries.
Get to know the appellate court justices of the Workers’ Compensation Commission Division By Richard D. Hannigan Workers' Compensation Law, April 2019 Biographies of Justice Thomas Hoffman and Hon. Donald C. Hudson.
Governor’s Pritzker’s commission appointments By Richard D. Hannigan Workers' Compensation Law, April 2019 Recent appointments to the Illinois Workers' Compensation Commission.
Mergers & applications—Does the nature and extent of successive injuries merge? By Timothy O’Gorman Workers' Compensation Law, April 2019 The appellate court has recently settled the question of whether benefits can be awarded concurrently under sections 8(e) and 8(d)1 of the Illinois Workers’ Compensation Act.
Appellate court awards wage differential benefits even after claimant returns to work for more than two years By Candice E. Drew Workers' Compensation Law, December 2018 A summary of Red Door Spa Holdings v. Illinois Workers' Compensation Commission.
Appellate court lacks jurisdiction to review a workers’ compensation case where the circuit court’s decision is not final By Deborah Benzing Workers' Compensation Law, December 2018 A summary of Cerro Copper v. Illinois Workers' Compensation Commission.
Appellate court reverses commission decision as against manifest weight of the evidence in finding in favor of award of “odd-lot” permanent total disability By Brent R. Eames Workers' Compensation Law, December 2018 The appellate court issued a Rule 23 decision that provides excellent guidance for attorneys regarding the shifting burden in establishing permanent total disability under an odd-lot theory in Sam’s Club v. Illinois Workers' Compensation Commission.
Conflicting evidence dooms petitioner’s claim for repetitive trauma back injury By Guy R. Spayth, Jr Workers' Compensation Law, December 2018 A summary of George Campbell v. Illinois Workers' Compensation Commission.
A petitioner injured on the job with an uninsured employer By Gina T. Panepinto Workers' Compensation Law, December 2018 The Injured Workers’ Benefit Fund pays workers’ compensation benefits to Illinois workers whose employers have failed to provide insurance coverage as required by law and have failed to pay the benefits owed to them.
An analysis of In re Estate of Arnold Rexroad Sr. By Michelle D. Porro Workers' Compensation Law, September 2018 The appellate court looked at whether a workers’ compensation carrier's misconduct can result in a forfeiture of their right to recovery under Section 5(b) of the Illinois Workers’ Compensation Act in In re Estate of Arnold Rexroad Sr.
The dreaded intervening act By Michael Rom Workers' Compensation Law, September 2018 Gina Catalanello v. Illinois Workers’ Compensation Commission provides a good primer on how to both defend against claims of intervening acts and what is needed to pursue them as a defense.
Section 5(b) liens will not be deemed waived in third party actions absent very specific contractual language between the parties By Dennis S. O’Brien Workers' Compensation Law, September 2018 In Timothy Cooley v. Power Construction Company, LLC, the court ruled that absent clear and specific language in an agreement involving defense and indemnification of general contractors by sub-contractors stating that an employer’s Section 5(b) workers’ compensation lien is waived, the lien will not be deemed waived.
Appellate court determines when nine percent judgment interest can and cannot be awarded By Sandra K. Loeb Workers' Compensation Law, July 2018 The appellate court determined that the proper interest rate to use for calculation of a final payment of a Commission award after judicial review proceedings is the interest rate set forth in the arbitrator’s decision in Dobbs Tire & Auto v. Illinois Workers’ Compensation Commission.
Rule 23 Order reverses Commission, gives primer on neutral risk analysis By Gina Panepinto Workers' Compensation Law, July 2018 The reversal of the Illinois Workers' Compensation Commission's decision in Nadine Rund v. Illinois Workers’ Compensation Commission shows that injuries arising out of neutral risks, if performed in the course of employment more frequently than the general public, do arise out of employment and are compensable.
What is a petitioner’s burden when it comes to causal connection? By Anita M. DeCarlo Workers' Compensation Law, July 2018 Rechenberg v. Illinois Workers’ Compensation Commission emphasizes the petitioner’s burden to prove a causal relationship that is more probable than not.
When FCEs bite back: The role of corroborative evidence in FCE findings By Timothy J. O’Gorman Workers' Compensation Law, July 2018 The appellate court affirmed the Illinois Workers' Compensation Commission's findings in Village of Lake Zurich v. Illinois Workers' Compensation Commission.
Commission interpretations of medical issues in the absence of an expert opinion By Richard D. Hannigan Workers' Compensation Law, May 2018 The appellate court on numerous occasions has indicated that it will rely on the Illinois Workers' Compensation Commission’s expertise when it comes to medical issues. However, the Commission may not interpret an MRI when that interpretation is not supported by a medical expert's opinion.
The difference between causal connection and maximum medical improvement By Stephen G. Baime Workers' Compensation Law, May 2018 The appellate court's decision in Tequila Smith vs. Illinois Workers' Compensation Comm'n explains how to apply the rule of law to the facts when considering causal connection and maximum medical improvement.
Negotiated rates and third-party carriers By Markham M. Jeep & Graham J. Jeep Workers' Compensation Law, May 2018 The appellate court ruled in Perez v. Illinois Workers’ Compensation Commission that the negotiated rate — the calculation of a dollar amount owed for medical services — is not limited to a rate negotiated by the employer or the employer’s insurance carrier. 

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