Publications

Section Newsletter Articles on Workers Compensation

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 and 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. 
Overturning factual findings and the stringent manifest weight of the evidence standard By Brent Eames Workers' Compensation Law, May 2018 Once a factual determination is made by the Illinois Workers' Compensation Commission, obtaining a reversal is an uphill battle.
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 interplay, if any, between a wage differential award and a total permanent award By Lawrence A. Scordino Workers' Compensation Law, January 2017 A look at Chlada v. Illinois Worker’s Compensation Commission, 2016 Il. App (1st) 150122WC, July 8, 2016.
To mail or not to mail, that is the question By Richard D. Hannigan Workers' Compensation Law, July 2012 In Mark Grusveczka v. The Illinois Workers’ Compensation Commission, the Appellate Court denied a Petition for Rehearing on March 20, 2012 but dissenting Justice Holdridge and Justice Stewart certified the question to the Illinois Supreme Court.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, November 2011 An introduction and news updates from Editor Rich Hannigan.
Good Samaritan: Hip check to vending machine awarded By Brad E. Bleakney Workers' Compensation Law, September 2009 The Appellate Court in Circuit City v. Illinois Workers Compensation Commission reviewed the hip check case and reinstated the Commission award but not as a “personal comfort” case but rather affirmed the award as a “Good Samaritan” case, in that he was coming to the aid of a female coworker.

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