Section Newsletters

Articles on Workers’ Compensation Law

Concurrent employment By Bradford J. Peterson Workers’ Compensation Law, September 2003 In Flynn v. Industrial Commission, the claimant worked during the summer months as a truck driver for an asphalt company, but was injured while employed by Utica Township to clear snow during the winter.
Handling Medicare issues in workers’ compensation claims By Bradford J. Peterson Workers’ Compensation Law, September 2003 For the last several years, a flurry of activity has arisen regarding the federal government's enforcement of the Medicare Secondary Payor Statute 42 USC §1395y(b) (hereinafter MSP).
Petitioner elects his remedy By Michelle D. Porro Workers’ Compensation Law, September 2003 The appellate court recently released a unanimous decision in Payetta v. Industrial Commission, 274 Ill.Dec. 590 2nd District (June 17, 2003).
Sisbro revisited By Richard D. Hannigan Workers’ Compensation Law, September 2003 What if everyone agreed that the employee had a pre-existing condition that had so far deteriorated that any activity could or might cause the employee to become disabled and require treatment?
Unexplained/idiopathic falls By Bradford J. Peterson Workers’ Compensation Law, September 2003 In Builders Square v. Industrial Commission, 791 N.E.2d 1308, 274 Ill.Dec. 897, decided by the Third District on June 24, 2003, the appellate court addressed the issue of proof necessary to support compensability of an unexplained fall
Who was the aggressor? By Michelle D. Porro Workers’ Compensation Law, September 2003 In Sandra Franklin v. Industrial Commission, the appellate court in a 3-2 decision reversed and remanded the case to the Industrial Commission with the instruction that the Industrial Commission determine which party was the aggressor.
Current case law Workers’ Compensation Law, June 2003 The recent case of Twice Over Clean, Inc. v. Industrial Commission (786 N.E.2d 1096 272 Ill.Dec. 262 Ill. App. 3 Dist. March 26, 2003) found that a heart attack was not compensable because of the principle cited in Sisbro, Inc. v. Industrial Commission, (No. 4-01-0007WC, decided February, 2002).
Governor Blagojevich proposes independent funding source for IIC Workers’ Compensation Law, June 2003 In his budget address on April 8, 2003, Illinois Governor Rod Blagojevich outlined his proposed budget for fiscal year 2004.
Illinois Industrial Commission Web site Workers’ Compensation Law, June 2003 On Friday, February 21, 2003, Governor Rod R. Blagojevich reappointed Commissioner Jacqueline A. Kinnaman to her position as an employee representative on the Commission.
Appellate court does not have jurisdiction to hear direct appeal from Industrial Commission decision By Richard D. Hannigan Workers’ Compensation Law, April 2003 In Pace Bus Company v. Industrial Commission, the appellate court, First Judicial District dismissed an appeal by the employer ruling that they lacked jurisdiction to hear an appeal directly from an Industrial Commission decision.
Hearing loss—Who is liable? By Richard D. Hannigan Workers’ Compensation Law, April 2003 In our April, 2002 newsletter, Steve Grady discussed Hamilton v. Industrial Commission, 326 Ill.App.3d 602; 761 N.E.2d 775; 260 Ill.Dec. 592. Since then, the Supreme Court of the State of Illinois accepted the case and has affirmed the appellate court.
Injury at picnic voluntary/mandatory attendance By Richard D. Hannigan Workers’ Compensation Law, April 2003 On September 18, 1998 the claimant was at a company picnic and was playing basketball on the company parking lot when he injured his right knee.
Insurance write-offs and the collateral source rule By Douglas Rallo Workers’ Compensation Law, April 2003 In contracts between health care providers and health insurance carriers, providers often agree to certain fee schedules by which they accept as full payment less than the amount billed to the patient.
Is a juror an employee of the county? By Richard D. Hannigan Workers’ Compensation Law, April 2003 The appellate court of Illinois Third District answered that question in the negative.
Parking lot injury/lot not “provided for” by employer By Richard D. Hannigan Workers’ Compensation Law, April 2003 Whether an injury in a parking is compensable may depend upon whether the lot was "provided for" by the employer.
Res judicata/collateral estoppel/rule of the case By Richard D. Hannigan Workers’ Compensation Law, April 2003 The claimant filed a 19(b), alleging that as a result of a fall on January 21, 1991 he injured his left knee, neck, and back.
Section 16 fees and costs By Richard D. Hannigan Workers’ Compensation Law, April 2003 On February 5, 2003 the Appellate Court Second Division filed it's decision involving James Williams v. Industrial Commission.
Workplace injuries By Marios N. Karayannis Tort Law, March 2003 In today's workplace, employees are increasingly placed in danger as a result of contact with more exotic chemicals, the use of more sophisticated and complex machinery, the prevalence of plants and factories with sealed windows allowing no outside air to enter and a variety of other factors affecting job safety.
Case law update Workers’ Compensation Law, January 2003 In Hunter v. Southworth Products Corporation, 333 Ill. App. 3d 158 (Aug. 14, 2002), ExxonMobil purchased and installed a hydraulic lift table in its Jacksonville plant.
Should you be taking those casino boat cases? By Kurt Niermann Workers’ Compensation Law, January 2003 The first district recently extended the jurisdictional reach of Illinois workers' compensation claims into a maritime setting in McCoy v. Industrial Commission, Ill.App. 1 Dist. Sep 26, 2002 (2002 WL 31128953).
Illinois Industrial Commission releases 2002 calendar By John W. Hallock, Jr. Workers’ Compensation Law, January 2002 In an effort to improve and continue services despite budgetary concerns, beginning December 2001 Chicago will be operating at virtually full strength capacity with 13 arbitration calls.
Questions and answers on insurance compliance enforcement at the Industrial Commission By Robert M. Harris Workers’ Compensation Law, January 2002 "Insurance compliance" refers to the Industrial Commission's efforts to enforce the mandatory insurance coverage provisions of section 4 of the Act.
Workers’ compensation and the 9/11/01 terrorist attack (Part I) By Donald T. DeCarlo Corporate Law Departments, January 2002 There are few if any who have escaped the tragedy of the terrorist attacks on the World Trade Center, Pentagon and/or plane crash in Pennsylvania.
Workers’ compensation—more on workplace stress (Part II) By Donald T. DeCarlo Corporate Law Departments, January 2002 Time magazine referred to stress as "America's #1 Health Problem," and there is little doubt that things have gone steadily downhill.
Notes from the editor Workers’ Compensation Law, October 2001 Governor Ryan appointed Bob Madigan to replace former Commissioner Michael Weaver. Mr. Madigan's appointment was affirmed by the Senate.
Illinois Consolidated Telephone: The future of unexplained and idiopathic fall classifications By Lee Vasilatos & Anita M. DeCarlo Workers’ Compensation Law, March 2001 In the recent case of Illinois Consolidated Telephone Co. v. Industrial Commission, 314 Ill.App.3d 347, 732 N.E.2d 49 the claimant had left her work area on the first floor to use the only women's restroom which was located on the second floor.
Proposed ergonomics program standard By Kenneth F. Werts Workers’ Compensation Law, March 2001 The Occupational Safety and Health Administration has proposed an "Ergonomics Program Standard" to address so-called work-related musculoskeletal disorders (WMSDs) which it asserts is the leading cause of lost-workday injuries and workers' compensation costs.
Whoops—there goes that second worker’s compensation fee By Terrence M. Madsen General Practice, Solo, and Small Firm, August 2000 The Illinois Supreme Court has either clarified or declared—depending on your perspective—that the statutory 25% attorney fees for recovery of reimbursement for an employer who has made a worker's compensation payment is, as a practical matter, at best a part of, and not in addition to, any fee amount contracted with an employee.
Hot topics Workers’ Compensation Law, May 2000 For years, both the respondent and petitioner have been united in their fight against the high cost of obtaining medical records.
Industrial Commission news Workers’ Compensation Law, May 2000 The Industrial Commission has converted its legal sized forms to an 8-1/2" x 11" format. As of March 1, 2000, the Industrial Commission is only accepting the letter sized forms.

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