Section Newsletters

Articles on Workers’ Compensation Law

Chairman Mitch Weisz interview By Richard D. Hannigan Workers’ Compensation Law, November 2011 Learn more about the various procedural and substantive changes that have come about as a result of the workers’ compensation reform signed by Governor Quinn on June 28, 2011.
If you call it a bonus, is it necessarily excluded from the calculation of average weekly wage? And when do you include overtime in the calculation of average weekly wage? By Richard D. Hannigan Workers’ Compensation Law, November 2011 The court stated that there is a distinction between incentive-based pay, which an employee receives in consideration for specific work performed as a matter of contractual right and a bonus which an employee receives for no consideration or in consideration for overall performance a,t the sole discretion of the employer.
Involuntary merger of 8(e) specific loss into 8(d)1 wage differential award By Brad E. Bleakney Workers’ Compensation Law, November 2011 Even where there is competent medical evidence presented of a full duty return to work accompanied by a medical opinion stating that the condition of ill being was in fact permanent and causally related to the first date of accident, it may not be enough to sustain a separate award for specific loss under 8(e) where there is a finding of subsequent, intervening accidents to the same part of the body that subsequently resulted in a wage a reduction.
Returning to the course of employment By Noah A. Frank Workers’ Compensation Law, November 2011 Employers who have policies regarding personal deviations should enforce those policies. A pattern and practice of discipline demonstrates that policy violation is not tolerated, and that the employee has removed himself from the sphere of employment.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, August 2011 News updates of interest to workers' compensation lawyers, from editor Rich Hannigan.
Summary of workers’ compensation legislation By Darrell Widen Administrative Law, August 2011 A summary of the major provisions of the recently passed Workers' Compensation reform legislation.
The two doctor rule—The genesis of the referral has no bearing on the issue so long as the treating doctor makes the referral By John W. Powers Workers’ Compensation Law, August 2011 A look at the recent case of Absolute Cleaning v. Illinois Workers’ Compensation Comm’n.
Who has jurisdiction over workers’ compensation fraud? By Richard D. Hannigan Workers’ Compensation Law, August 2011 Because the petitioner’s case involved questions of fact and not law, the circuit court lacked jurisdiction to hear the fraud complaint and found that the Illinois Workers’ Compensation Commission is the proper jurisdiction.
How to avoid the “penalty box” By Christine M. Ory Workers’ Compensation Law, June 2011 Respondents can be tagged for penalties under Sections 19k, 19l and attorneys’ fees under 16 if they do not have justification for delaying or denying benefits. To defeat penalties, respondents must put forth a legitimate dispute.
Interview with Arbitrator Peter O’Malley Workers’ Compensation Law, June 2011 An interview between attorney Catherine Mafee Levine and Arbitrator Peter O’Malley.
New limitation applied to recovery of medical payments under Section 8(a) By Arnold G. Rubin & Catherine Krenz Doan Workers’ Compensation Law, June 2011 Tower Automotive v. Illinois Workers Compensation Commission is an extremely significant case, and will have a significant impact on those claims for medical benefits prior to February 1, 2006, the effective date of the amendment to Section 8(a) in 2005. 820 ILCS 305/8(a).
Wage differentials: Is it all just speculation? By Carol A. Hartline Workers’ Compensation Law, June 2011 A look at the recent case of United Airlines v. Workers' Compensation Comm'n, which addressed what could be allowed in as evidence to determine an 8(d)(1) award.
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.
1 comment (Most recent January 25, 2011)
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 & 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 & 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.

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