Publications

Section Newsletter Articles on Workers' Compensation Law

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.
Semi truck driver found to be an independent contractor of transportation company By Courtney M. Quilter Workers' Compensation Law, April 2016 The case of Esquinca v. IWCC presented the issue of whether claimant, a semi truck driver, was an employee of Respondent, a transportation company.
Illinois Human Rights Commission decision summary Labor and Employment Law, February 2016 A summary of John D. Terry and Watts Copy Systems.
Case analysis of Di Benedetto v. Illinois Workers’ Compensation 2015 IL App (1st) 133233WC By Matteo Rago Workers' Compensation Law, December 2015 In DiBenedetto, the court focused on the issue of what date should be utilized in determining the commencement of a wage-differential benefit: Is it the date of claimant’s accidental injury or the date of the arbitration hearing? The court also addressed the maximum weekly benefit allowable under Section 8(b)(4) of the Act.
Claimant’s left knee injury while sitting on a chair and welding “arises out of his employment” By Cameron B. Clark Workers' Compensation Law, December 2015 In Adcock v. IWCC, the appellate court reviewed the requirement that a claimant must show by a preponderance of the evidence that his injury “arose out of” and “in the course of” his employment in order to be compensable.
The Commission may find disability when the impairment rating is zero, but is an impairment rating required in all cases before the Commission can determine the nature and extent of an injury? By John W. Powers Workers' Compensation Law, December 2015 On November 6, 2015, the Illinois Appellate Court filed its decision for Continental Tire of the Americas, LLC v. Illinois Workers’ Compensation Comm’n. holding the Commission may, as a matter of law, award permanency when an impairment rating is zero.
Good faith third-party settlement and section 5(b) attorney fees on “suspended future medical payments” By Lawrence A. Scordino Workers' Compensation Law, December 2015 A summary of Ronald Bayer v. Panduit Corporation and Area Erectors, Inc.
Can the Circuit Court hold commissioners in contempt of court for failing to write a decision in the manner demanded by the Court? By Richard D. Hannigan Workers' Compensation Law, September 2015 The answer to the title of this article is that the trier of fact and law has the right and power to be wrong.
Does the circuit court have jurisdiction regarding the settlement of a third-party claim and his subsequent filing of an Application for Adjustment of Claim by the injured worker? By Robert J. Finley Workers' Compensation Law, September 2015 In Bradley v. The City of Marion, Illinois et al, practitioners are left with a lesson on where and how to resolve claims to future workers compensation under similar circumstances because of jurisdictional considerations.
Does your client’s workers’ compensation benefits abate if your client dies of causes unrelated to the workplace injury? By Sandra Loeb and Samuel Branum Workers' Compensation Law, September 2015 Though it may not come up often, there may be a time when you file an application for adjustment of claim on behalf of an injured worker that dies from causes unrelated to the work injury before his or her case has resolved.
How inclusive is the exclusive remedy? By Anita M. DeCarlo Workers' Compensation Law, September 2015 In Dominique Kay v. Centegra Health System, the Court found plaintiff did not have the right to pursue a negligence case based upon the exclusive remedy provision found in Section 5(a) of the Illinois Workers’ Compensation Act.
Independent truck driver vs. employee By Kenneth F. Werts Workers' Compensation Law, September 2015 An examination of Steel & Machinery Transport, Inc. v. Workers’ Compensation Commission.
When do you qualify as a traveling employee? By Robert J. Finley Workers' Compensation Law, September 2015 The traveling employee case generally presents an uncertain path to benefits due to the fact-specific nature of the inquiry.
Can an early retirement package prior to the attainment of MMI affect your entitlement to temporary total disability benefits and permanent total disability? A case study of: Sharwarko v. Illinois Workers’ Compensation Comm’n, 2015 IL App (1st) 131733WC By Joseph K. Guyette Workers' Compensation Law, June 2015 Ultimately, this case will help define when a petitioner has voluntarily retired, and when the refusal to accept a job offer will result in the termination of temporary total disability benefits.
Does the IWCC have jurisdiction to assess penalties for failure to make payment of benefits once a settlement contract is final? By Richard D. Hannigan Workers' Compensation Law, June 2015 A look at Loyola University of Chicago v. The Illinois Worker’s Compensation Commission.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, June 2015 Editor Rich Hannigan offers the latest in IWCC news.
A race to the bottom and your practice may hang in the balance: Springfield 2015 By Richard D. Hannigan and Patrick D. Czuprynski Workers' Compensation Law, June 2015 A discussion of the legislation currently moving through the Illinois General Assembly that would impact workers' compensation law.
Analysis of Village of Deerfield v. Illinois Workers Compensation Commission, 2014 Ill. App (2d) 131202WC (2014) By Stephen G. Baime Workers' Compensation Law, April 2015 If one sustains two injuries on two separate dates to two different parts of the body and consolidates the claims for trial, he can collect a percentage of a person on one and a wage differential on the second one even if the part of the body in the second case could have resulted in a person as a whole award.
Circuit court has jurisdiction to resolve disputes involving attorney referral agreements By Shuaib A. Ahmed Workers' Compensation Law, April 2015 In Ferris, Thompson and Zweig, Ltd. v. Esposito, the Illinois Supreme Court addressed the issue of whether the Legislature intended to divest the Circuit Court jurisdiction and confer original jurisdiction on the Commission to resolve a dispute based on a referral agreement apportioning attorney fees earned in a claim filed under the Workers’ Compensation Act.