Section Newsletter Articles on Workers' Compensation Law

Anthony R. Holstine v. The Illinois Workers’ Compensation Commission et al.; NO. 2-16-0339WC (Rule 23 decision) When is an 8(d)1 award mandatory? By Deborah Benzing Workers' Compensation Law, June 2017 Given the Court’s expression of preference of 8(d)(1) awards, respondents should be careful to always consider the use of vocational experts to address whether the injury resulted in an impairment of the capacity to earn or, although unlikely, establish a waiver of 8(d)(1) benefits by claimant on the record when asserting that permanency should be based on 8(d)(2) as opposed to 8(d)(1).
Country Preferred Insurance Company v. Lori Groen By Herbert Franks Workers' Compensation Law, June 2017 A setoff provision in an employee’s uninsured motorist policy providing that payments made pursuant to the Worker’s Compensation Act will reduce the amount payable under the policy is enforceable and applicable to payments made by the employer to the employee’s medical providers.
Is the respondent entitled to a credit for the overpayment of $192,594 in death benefits before the hearing & what does it take to receive commutation of the award? By Mark Jeep Workers' Compensation Law, June 2017 Marie Salisbury, Widow of Charles Salisbury, deceased v. Ill. Workers’ Compensation Comm’n., 2017 IL App (3d) 160138WC, addresses two issues: 1) the authority of the Commission to allow Respondent a credit against the ultimate award due to an overpayment of benefits to claimant and; 2) the standard required for granting a motion to commute an award for periodic payments to a lump sum payout.
Murff v. Illinois Workers’ Compensation Commission: Appellate court examines post-decision benefits By Joseph Guyette Workers' Compensation Law, June 2017 Specifically, the Appellate Court examined the scope of Section 19(h), and whether an increase in economic disability can justify modifying a final order made pursuant to an arbitration hearing.
Once an IWCC settlement contract is final does IWCC still have jurisdiction to hear any motions? By Richard D. Hannigan Workers' Compensation Law, June 2017 It would appear from the decision in Millennium Knickerbocker Hotel v. IWCC and Rudy Guzman, Jr. that unless there is an issue regarding penalties the commission lacks jurisdiction to hear any motion.
What do I have to do to get them to pay the award? By Richard D. Hannigan Workers' Compensation Law, June 2017 A summary of Brittany M. Theis v IWCC et al.
Bringing the insurance carrier into the case By Martin J. Haxel Workers' Compensation Law, March 2017 An obscure provision of the Workers’ Compensation Act allows a claimant to bring the insurance carrier into the case and have an award entered against it and the employer.
Intervening injuries and the chain of causation By Herbert Franks Workers' Compensation Law, March 2017 The Third District Appellate Court recently issued an opinion limiting application of an employer’s intervening injury defense.
Pens vs. Bolts: What accidents are made of By Robert J. Finley and Gabriella Bruno Workers' Compensation Law, March 2017 In two recent decisions, the Appellate Court penned for practitioners the nuts and bolts of the “arising out of” component contributing to accident issues at the Commission.
Two recent cases denying motions to reinstate By Stephen G. Baime Workers' Compensation Law, March 2017 The Appellate Court recently handed down two Rule 23 decisions unanimously affirming the denial of petitions to reinstate. At first blush, the decisions seem harsh, but a careful reading of each decision supports the results.
Appellate court does not extend traveling employee doctrine to police officer commuting to mandatory training By Guy R. Spayth, Jr. Workers' Compensation Law, January 2017 In Jason Allenbaugh v. IWCC, the Third District Appellate Court, Workers’ Compensation Division, refused to extend workers’ compensation benefits to a police officer who was involved in an automobile accident while traveling to police headquarters to attend a mandatory training session.
Moran v. IWCC: The flood gates of mental-mental claims did not just break open, but the water is clearer By Joshua A. Humbrect Workers' Compensation Law, January 2017 The First District Appellate Court, Workers’ Compensation Division, reversed a Commission decision denying Petitioner’s mental-mental claim as failing to prove he sustained accidental injuries arising out of and in the course of his employment.
Drug-testing after workplace injuries: Illinois Workers’ Compensation Act likely not a workaround to new OSHA rule By Philip Jeffrey Pence Labor and Employment Law, December 2016 As of August 10, 2016, employers may no longer use blanket or automatic drug-testing policies after workplace injuries occur if the policy can be seen as an adverse action against the employee reporting the injury.
Good-faith settlement—When to settle By Albert E. Durkin Tort Law, October 2016 A look at the factors all parties must take into consideration when deciding when and how to settle a workers’ compensation case involving a third-party defendant/employer.
Case analysis of Michael K. Durbin v. The Illinois Workers’ Compensation Commission 2016 IL App (4th) 150088WC By Rago Mattero Workers' Compensation Law, September 2016 This case spotlights the need to ensure that any opinion advocated at a hearing before the Commission must be based “on a reasonable degree of medical and surgical certainty.”
First District panel in Rule 23 order: Claimant proved quantitatively greater exposure to neutral risk— (Hagan v. IWCC, 2016 IL App (1st) 143745WC-U) May, 2016 By Randal J. Miller Workers' Compensation Law, September 2016 In this case, the First District Appellate Court focused on whether the claimant proved the “arising out of” element of a worker’s compensation claim.
The interplay of simultaneous awards of PTD and wage differential benefits By Brittany Meeker Workers' Compensation Law, September 2016 In its ruling, the Appellate Court noted that there was nothing in the Act or in the accompanying case law that prohibited an award of both PTD and wage differential benefits simultaneously under circumstances such as those presented in this case.
Kathleen A. Hagan v. Illinois Workers’ Compensation Commission By Timothy O’Gorman Workers' Compensation Law, September 2016 In Kathleen A. Hagan v. Illinois Workers’ Compensation Commission, the Appellate Court examined what is considered a “neutral risk” compared to an “employment risk” and overturned the findings of a Special Arbitrator in favor of a Commission employee.
Late notice rejected as defense to repetitive trauma case By Markham Jeep Workers' Compensation Law, September 2016 The recent decision in Heyl, Royster, Voelker & Allen v. Illinois Workers’ Compensation Commission again addresses the difficulty of determining the date of accident for injuries which develop over time and for which symptoms gradually increase.
Appellate court issues decision on June 28, 2016 regarding the failure of the parties to offer an AMA rating exam into evidence By Richard D. Hannigan and Cameron B. Clark Workers' Compensation Law, July 2016 With the decision in Corn Belt Energy Corp. v. Illinois Workers’ Compensation Commission, the courts are one step closer to resolving the issue of whether the submission of a PPD rating report into evidence (also referred to as an AMA rating examination) is mandatory in order for the Illinois Workers’ Compensation Commission to award permanent partial disability benefits.
Can you enforce part of a decision while the decision as a whole is on review? By Anita DeCarlo Workers' Compensation Law, July 2016 In Reed v. IWCC, the Appellate Court held “that plaintiff may not apply for a judgment on the medical expenses portion of his workers’ compensation award pursuant to section 19(g) of the Act because, at the time of his application, proceedings for review were pending.”
Houchin v. Illinois Workers’ Compensation Commission: When a delayed surgery turns into a different surgery By Joseph K. Guyette Workers' Compensation Law, July 2016 In a Supreme Court Rule 23 decision, the Appellate Court found that the need for the knee replacement flowed from the original accident, awarding the Petitioner the right to pursue that procedure. Even though this Rule 23 decision does not constitute a binding precedent, it provides some insight as to how the courts may evaluate this issue going forward.
A job classification change and its impact on the average weekly wage calculation By Sandy Loeb Workers' Compensation Law, July 2016 In ABF Freight System v. IWCC, the Appellate Court discussed yet another nuance that should be considered when calculating an injured worker’s average weekly wage.
Should you try a nature and extent case without a sixth edition AMA guideline rating? By Richard D. Hannigan and Cameron B. Clark Workers' Compensation Law, July 2016 If you are considering trying a case in the near future and permanent partial disability is an issue, the authors suggest you consider whether you wish to have an AMA rating submitted to the arbitrator for consideration.
When determining whether an employee is entitled to permanency pursuant to Section 8(d) (2) or alternatively pursuant to 8(d) (1), the crucial issue is whether the claimant has suffered an impairment of earning capacity By Deborah A. Benzing Workers' Compensation Law, July 2016 A look at the issues involved in Jackson Park Hospital v. The Illinois Workers’ Compensation Commission.
When does the 19(h) review time limitation begin to run? By Richard D. Hannigan Workers' Compensation Law, July 2016 Does it begin to run after the decision has been entered by the Commission? Does it begin to run once a Circuit Court decision becomes final? Alternatively, does it begin to run once an appellate court or Supreme Court decision becomes final? The answer is “it all depends.” 
Are flight attendants always traveling employees? By Richard D. Hannigan Workers' Compensation Law, April 2016 The appellate court answered this question earlier this year in United Airlines Inc. v. IWCC.
Can’t have your cake & eat it too! By Ahmed Shuaib Workers' Compensation Law, April 2016 A discussion of the exclusive remedy provision and election under the Workers' Compensation Act.
Employers maintain their right to waive lien subsequent to adverse judgment By Brittany N. Meeker Workers' Compensation Law, April 2016 The case of Cozzone v. Garda GL Great Lakes, et. al, presented the issue of whether an employer could waive its Section 5(b) rights under the Illinois Workers’ Compensation Act after an adverse circuit court judgment was rendered.
Section 13-217 of the Code of Civil Procedure does not apply to Illinois workers’ compensation cases that are dismissed for want of prosecution By Timothy C. Steil Workers' Compensation Law, April 2016 A summary of the recent case of Farrar v. Illinois Workers’ Compensation Comm’n.