Section Newsletters

Articles on Workers Compensation

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. 
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.
1 comment (Most recent January 18, 2017)
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.
Case law update Workers’ Compensation Law, October 2002 In Navistar International Transportation Corp. v. Industrial Commission, 331 Ill.App.3d 405, 771 N.E.2d 35, the employee had received an award of permanent total disability in December of 1987.
Case law update Workers’ Compensation Law, June 2002 Darwin Baggett was a high school industrial arts teacher who collapsed at work.
19(b)1 is no place for rehab By Richard D. Hannigan Workers’ Compensation Law, April 2002 On February 1, 2002 the appellate court filed it's decision on Mobil Oil Corp. vs. Industrial Commission (David Haberkorn). At the time of this publication the decision is not final and subject to change.
Applying the term “last exposure” in claims with multiple respondents under the Illinois Workers’ Occupational Diseases Act By Steven T. Grady Workers’ Compensation Law, April 2002 When faced with an Occupational Diseases claim with multiple respondents, both Petitioner and Respondent need to prepare themselves with a current understanding of proper legal application of the term "last exposure,"as referred to in section 1(d).
Civility in our work place By Michael B. Hyman Workers’ Compensation Law, April 2002 In the last Workers' Compensation Newsletter I advised that the Supreme Court has commissioned a study on civility among attorneys.
Commissioners of the Industrial Commission By Richard D. Hannigan Workers’ Compensation Law, April 2002 For those of you who are not familiar with the Commissioner's who hear your oral 19(h) and 8(a) petitions, hear oral argument, rule on your motions at the review level and administer to the functioning of the Industrial Commission, a brief note is in order.
The common fund doctrine/entitlement to attorney fees By Richard D. Hannigan Workers’ Compensation Law, April 2002 The Illinois Supreme Court has reaffirmed the application of the common fund doctrine to the recoupment of attorney fees from a third party group carrier who made payment of medical bills pursuant to it's group policy.
Could have, would have, shouldn’t have By Mitchell Weisz Workers’ Compensation Law, April 2002 It was probably my destiny that my law practice would gravitate to an administrative field and its primary hearing level.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, April 2002 This edition includes articles by Steve Grady. His deals with a "hearing loss" case and the Occupational Diseases Act.
Subsequent and intervening accidents By Kenneth E. Baime Workers’ Compensation Law, April 2002 Frequently an issue arises when a petitioner, who suffered a work related injury, suffers some type of subsequent injury.
Appellate court takes a “gamble” on Jones Act cases By Amy E. Schaeffer Workers’ Compensation Law, January 2002 In Lance Grobe v. Hollywood Casino­Aurora, Inc., 2001 WL 1380827, the appellate court considered the applicability of the Jones Act. Lance Grobe worked for Hollywood Casino­Aurora and injured himself while descending some stairs on August 19, 1999.
Does the employer’s share of the plaintiff’s expenses depend on the gross or net recovery of the employer’s subrogation claim? By Markham M. Jeep Workers’ Compensation Law, January 2002 In Overlin v. Windmere Cove Partners, Inc., 756 N.E.2d 926, 258 Ill.Dec. 652, the appellate court considered the correct method of calculating the employer's share of litigation costs.
Even after a second amended Industrial Commission decision, the original decision can be subject to appeal By Paul W. Wiedner Workers’ Compensation Law, January 2002 In F & B Manufacturing Company v. Industrial Commission, 2001 WL 1104708, the appellate court had occasion to consider a case that had reached the circuit court for the second time after two different decisions by the Industrial Commission.
Thank you, Bud! Workers’ Compensation Law, January 2002 Arbitrator Bernard Barasa retired from the Industrial Commission effective October 31, 2001.
Computation of average weekly wage By Michael Evers Workers’ Compensation Law, October 2001 The correct computation of an injured worker's average weekly wage is critical to forecasting an employer's potential exposure and an employee's potential recovery.
Intentional infliction of emotional distress by vocational rehabilitation expert/insurance company By Richard D. Hannigan Workers’ Compensation Law, October 2001 On July 25, 2001, the Appellate Court, First District, issued a decision of Robin Senesac and Elizabeth Senesac vs. Employers Vocational Resources, Inc., CCM, Inc., d/b/a Creative Case Management, and State Farm Fire & Casualty Insurance Co., No. 1-00-0730.

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