Publications

Section Newsletter Articles on Workers Compensation

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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