Hot topics—recent decisionsBy John H. GuillWorkers’ Compensation Law, November 1999In 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 newsBy Robert M. HarrisWorkers’ Compensation Law, November 1999If 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 billsBy Arnold G. RubinWorkers’ Compensation Law, January 1999Section 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” includedBy Peter N. SchmidtWorkers’ Compensation Law, January 1999In 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 stressBy Dana S. FrazierWorkers’ Compensation Law, January 1999The 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 employeesBy Kurt NiermannWorkers’ Compensation Law, January 1999The 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 policiesBy Kenneth E. BaimeWorkers’ Compensation Law, January 1999The 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 defenseBy Kim E. PresbreyWorkers’ Compensation Law, January 1999In 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.
