Section Newsletters

Articles on Workers’ Compensation Law

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.
Hot topics—recent decisions By John H. Guill Workers’ Compensation Law, November 1999 In Segers v. Industrial Commission, 238 Ill.Dec. 347, filed 5/19/99, the fifth district Appellate Court reversed a Circuit Court Decision and found that a lump sum settlement contract entered into between the employer and the employee during the employee's lifetime which was then approved by the Industrial Commission did not bar the employee's spouse from pursuing death benefits pursuant to the Workers' Occupational Diseases Act (20 ILCS 310/A).
Industrial Commission news By Robert M. Harris Workers’ Compensation Law, November 1999 If any members of the bar are not already aware, I would like to take this opportunity to discuss an area of great concern and importance to the bar as well as to a wide range of other interested parties: the Illinois Industrial Commission's active engagement in enforcing section 4(d) of the Act.
Assessment of penalties for failure to pay medical bills By Arnold G. Rubin Workers’ Compensation Law, January 1999 Section 8(a) of the Illinois Workers' Compensation Act requires that the employer shall provide and "pay for all of the necessary first aid, medical and surgical services and all necessary medical, surgical and hospital services . . . which is reasonably required to cure or relieve the employee from the effects of the accidental injuries."
Average weekly-wage per diem “expenses” included By Peter N. Schmidt Workers’ Compensation Law, January 1999 In Swearingen v. Industrial Comm'n, 5-97-0160WC (5th Dist., Aug. 24, 1998), the appellate court held in a case of first impression that reimbursements paid to the petitioners, both truck drivers, constituted real economic gain and should be included in the calculation of the average weekly wage.
Benefits awarded for heart attack caused by work-related stress By Dana S. Frazier Workers’ Compensation Law, January 1999 The recent decision from the Second District Appellate Court of the Industrial Commission Division (The City of Waukegan v. Industrial Commission, No. 2-97-0750WC), illustrates how highly interpretative the factual scenario can be in determining compensation for heart attack cases allegedly caused by work-related stress.
Choosing the correct forum for riverboat casino employees By Kurt Niermann Workers’ Compensation Law, January 1999 The Jones Act, the Longshore & Harbor Workers Compensation Act or the Illinois Workers Compensation Act may all apply to the various workers of riverboat casinos.
Only one set-off of workers’ compensation benefits against multiple underinsured motorist policies By Kenneth E. Baime Workers’ Compensation Law, January 1999 The recent case of Roberts v. Northland Insurance Company, No., 84115 (1998), petition for rehearing filed, considered whether there should be a full set-off as to each underinsured policy for any workers' compensation benefits received when there are two underinsured policies applicable to an automobile accident.
Violation of a safety rule is a defense By Kim E. Presbrey Workers’ Compensation Law, January 1999 In the case of Timothy Saunders v. The Industrial Commission, The appellate court has once again attempted to further define the issue of are arising out of and in the course of employment.

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