Publications

Section Newsletter Articles on Workers' Compensation Law

Warning! Section 12 may be hazardous to your health and not compensable under the Act By William R. Gallagher Workers' Compensation Law, June 2011 The recent case of Menard v. Illinois Workers’ Compensation Commission appears to determine that an injury in connection with a Section 12 examination is not compensable. However, a careful reading of that case indicates that it may not be the final adjudication of this issue.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, February 2011 An introduction to the issue from Editor Richard D. Hannigan.
Jeffrey Cox v. The Illinois Workers’ Compensation Commission By Rita E. Mulcahy Workers' Compensation Law, February 2011 The First District Appellate Court ruled that an injury that occurs while a traveling employee, driving a company vehicle, is in the process of returning to his route home arises out of and in the course of employment.
Workers’ Compensation Reform in the December 2010 veto session By Richard D. Hannigan Workers' Compensation Law, February 2011 A summary of the recent discussions within the Illinois House and Senate Committee meetings on Workers' Compensation Reform.
10/14/10 interview with Arbitrator Robert Lammie By Richard D. Hannigan Workers' Compensation Law, December 2010 A little insight into Arbitrator Lammie.
Alleviating the “headache” of the permanent total disability case By Michelle L. LaFayette Workers' Compensation Law, December 2010 An overview of the permanent total disability claim and applicable legal standards.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, December 2010 What's new in workers' compensation law.
John Adams. Who is he and why should I get to know him? By Richard D. Hannigan Workers' Compensation Law, December 2010 John Adams is the person behind the minimum continuing legal education seminars that are presented by the ISBA twice a year.
Peter Corti reports on certification/specialization of workers’ compensation attorneys By Peter Corti and Brad E. Bleakney Workers' Compensation Law, December 2010 The Workers' Compensation Section's notes on the status of the issue of certification of a workers’ compensation attorney verses a designation by the ISBA that an attorney “specializes” in workers’ compensation.
A procedural look at the exclusive remedy defense By Kingshuk K. Roy Workers' Compensation Law, December 2010 A brief overview of the exclusive remedy defense and examination of its procedural application in light of Reed v. White.
Recruits who are injured while training to become Chicago police officers are entitled to benefits under the Illinois Workers’ Compensation Act By T. Fritz Levenhagen Workers' Compensation Law, December 2010 A review of the Dodaro v. Illinois Workers' Compensation Commission case.
Appeals from the Commission to the Circuit Court—A potential procedural minefield By William R. Gallagher and Harry J. Nichols Workers' Compensation Law, September 2010 The Esquivel v. Illinois Workers’ Compensation Commission decision teaches that when an appeal is taken from the Commission to the Circuit Court you must make absolutely certain that you (1) tender payment of the probable cost of the record to the Commission and (2) file either the receipt or the affidavit of payment with the Circuit Court at the time you file the request for summons.
How not to terminate permanent total disability benefits By Richard D. Hannigan Workers' Compensation Law, September 2010 A respondent is not entitled to review the employee’s tax returns as part of its petition for modification.
How to calculate average weekly wage of current employer in an 8(d)1 situation By Richard D. Hannigan Workers' Compensation Law, September 2010 Section 10 of the Workers' Compensation Act explicitly states that overtime is excluded from the calculation of average weekly wage unless overtime is mandatory or worked on a regular basis.
How to obtain medical records in light of Holtkamp v. Clayton By Richard D. Hannigan Workers' Compensation Law, September 2010 The appellate court in Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois found that the paper that the medical records are on and the ink that is used to create the medical records are the property of the medical provider. To command the medical provider to mail medical records to the injured worker would be a confiscation of the medical provider’s property.
The Illinois Workers’ Compensation Agricultural Enterprise Exemption: Illinois appellate court provides new framework By David A. Kelm Agricultural Law, September 2010 As a result of the Third District's recent ruling, those who rely on the agricultural exemption to avoid workers’ compensation insurance should seek appropriate counsel as to potential liability exposure.
A procedural look at the exclusive remedy defense By Kingshuk K. Roy Tort Law, September 2010 A brief overview of the exclusive remedy defense and its procedural application in light of the recent Fifth District decision of Reed v. White.
The right to control an individual’s actions is the most important factor in employer/employee relationship By Michelle D. Porro Workers' Compensation Law, September 2010 In Agnes Skzubel v. IWCC, the appellate court determined that Ms. Skzubel qualified as an employee despite the fact that she could not legally be hired at the time she began her employment, and that the checks were written to her husband for the work she performed.
Section 4(d): To sue or not to sue in the circuit court. That is not the question. The question is how do you do it. By Kelly Johnson Workers' Compensation Law, September 2010 A look at the case of Keating v. 68th and Paxton, L.L.C. and Oglesby Management Company.
5/13/10 interview with Mitch Weisz By Richard D. Hannigan Workers' Compensation Law, June 2010 Get to know IWCC Chairman Mitch Weisz.
Are we moving toward a motion practice? By Richard D. Hannigan Workers' Compensation Law, June 2010 A look at the case of Dennis Hagemann v. IWCC.
Extra scrutiny still does not apply when arbitrator’s decision is reversed By Richard D. Hannigan Workers' Compensation Law, June 2010 The Appellate Court affirmed the Commission’s decision in R and D Thiel v. IWCC.
ISBA Workers’ Compensation Seminar October 11, 2010 By John Adams Workers' Compensation Law, June 2010 Save the date for this important seminar!
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, March 2010 The views and opinions of the editor of the Workers' Compensation Law Section newsletter.
Interview with Arbitrator Andrew Nalefski, January 12, 2010 By Robert C. Nelson Workers' Compensation Law, March 2010 Get to know a little more about IWCC Arbitrator Andrew Nalefski.
No grace period for paying undisputed statutory amputation benefits due under Section 8(e) By Catherine Mafee Levine Workers' Compensation Law, March 2010 As soon as respondent determines that a dispute does not exist, reasonably knows the extent of the amputation and is able to calculate the appropriate average weekly wage, statutory loss benefits should be paid “immediately” and “promptly.”
Supreme Court ruling emphasizes obligation to pay TTD until MMI after an injured worker is terminated for cause: A look at Interstate Scaffolding, Inc. v. The Workers Compensation Commission, et al., Docket No. 107852 – January 22, 2010 By Mark P. Matranga Workers' Compensation Law, March 2010 Simply stated, where an employee who is capable of rehabilitation or working takes himself outside such efforts through willful behavior, his employer should retain the opportunity to terminate benefits.
Third-Party’s claim to Section 5(a) immunity rejected By Timothy S. McNally Workers' Compensation Law, March 2010 The First District recently confirmed that third parties will not enjoy the immunity from common law actions that protects employers and co-employees from liability under Section 5(a) of the Illinois Workers’ Compensation Act.
Advanced Workers’ Compensation seminar Workers' Compensation Law, December 2009 The Illinois State Bar Association Workers’ Compensation Law Section is sponsoring a “Back to Basics Seminar” scheduled for February 12, 2010 in Fairview Heights and February 15, 2010 at the ISBA Headquarters in Chicago.
Bad things happen when the adjuster hangs onto the file By Richard D. Hannigan Workers' Compensation Law, December 2009 All too often an adjuster will hang onto a file until either just before or just after a hearing. The file will then be sent to the defense attorney and the defense attorney is then given the herculean task of trying to unring a bell or put toothpaste back in the tube.