Section Newsletters

Articles on Workers’ Compensation Law

No workers’ compensation benefits for injury at company-sponsored picnic By Michael R. Lied Labor and Employment Law, September 2006 Allstate Insurance planned a company picnic for July 21, 2000. The picnic occurred on Allstate’s grounds, it was attended exclusively by Allstate employees, and Allstate provided all the materials and equipment.
Not speculation or conjecture to rely on similarly situated employees to determine amount claimant would have earned in usual and customary employment By Carol A. Cesaretti Workers’ Compensation Law, September 2006 On July 12, 2006, the Appellate Court, First District, held that it was not speculation and conjecture for the commission to rely on similarly situated employees in determining the claimant’s earnings in her usual and customary employment in calculating a wage differential award. 
Hospital Director of Nurses suffers stroke while giving speech at physician’s retirement dinner - held compensable By James W. Stevenson Workers’ Compensation Law, June 2006 In Pinckneyville Community Hospital v. Industrial Commission, (Mary Downen) 2006 WL 922220 5th District Appellate Court March 30, 2006, Mary Downen, a Director of Nurses for the Pinckneyville Community Hospital, suffered an intracerebral hemorrhage and stroke while giving a speech at a dinner to honor a retiring physician.
Inclusion of net profits not allowed in calculation of average weekly wage By Richard D. Hannigan Workers’ Compensation Law, June 2006 This Rule 23 case involved a son who purchased the assets of his father’s business and incorporated his new venture.
Is it possible to file a 19(h) petition more than 30 months after a final award? By Richard D. Hannigan Workers’ Compensation Law, June 2006 The answer is: It depends. In Kenneth W. Behe v. Industrial Commission, 2006 WL 1382058 2nd District May 5, 2006 the Appellate Court discusses the issue of how many 19(h) Petitions can be filed.
Payment of award of medical bills directly to medical provider/Section 19(g) and hourly attorney fee set at $250 By James W. Stevenson Workers’ Compensation Law, June 2006 In Aurora East School District v. Don Dover, 363 Ill.App.3d 1048, 847 N.E.2d 623, 301 Ill.Dec. 298 2nd District March 21, 2006, Don Dover, employed by the Aurora East School District, received an award which included TTD benefits of $29,908.13, representing 59-6/7 weeks, and $85,015.04 in medical expenses.
Pension Board hearing must comply with Industrial Commission finding because of collateral estoppel By James W. Stevenson Workers’ Compensation Law, June 2006 In Daniel Mabie v. Village of Schaumburg, 847 N.E. 2d 796 (March 31, 2006) 1st District, Daniel Mabie, a fireman for the Village of Schaumburg, was injured on April 12, 1999, as a result of a fall down the fire station’s stairs.
Respondent appeals nature and extent award of 22.5% loss of use of each arm and 22.5% loss of use of each hand By Richard D. Hannigan Workers’ Compensation Law, June 2006 In this Rule 23 case, it was not disputed that the Petitioner developed bilateral carpal tunnel syndrome and bilateral cubital tunnel syndrome.
Was passing through that door an increased risk? Must the injured worker present expert testimony that the preexisting condition was not the cause of the current condition of ill-being? By Richard D. Hannigan Workers’ Compensation Law, June 2006 University of Illinois v. Industrial Commission, 2006 WL 1169811 1st District May 3, (2006) involves an employee who had a prior knee injury that resulted in knee surgery in August of 1999.
Commission lacks jurisdiction to review Section 8(d)(1) award By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In its recent decision in Cassens Transport Co. v. Industrial Commission, 2006 WL 360186 (Ill., 2006), the Illinois Supreme Court held that the Commission lacked jurisdiction to reopen or modify a 10-year-old wage differential award under the Workers’ Compensation Act.
The contract for hire: The exclusive test for determining jurisdiction By Cameron B. Clark Workers’ Compensation Law, March 2006 This article will focus on the Supreme Court’s analysis of the issue presented before it. For a full discussion of the facts surrounding the Mahoney decision, please refer to the March 2005  issue of the ISBA Worker’s Compensation Law Newsletter, Vol. 42, No. 3. 
Double denial results in single victory for injured claimant By Cameron B. Clark Workers’ Compensation Law, March 2006 In Dunlap v. Nestle USA, Inc., 2005 U.S.App. LEXIS 27070 (7th Circuit 2005), the United States Court of Appeals for the Seventh Circuit in a decision issued by Judge Wood, addressed the issue of whether the exclusivity provisions of the Act precluded the injured worker from pursuing a tort action against his employer.
Medical community remains skeptical of Multiple Chemical Sensitivity (MCS) By Edyta Salata Workers’ Compensation Law, March 2006 In Bernardoni v. Indus. Comm’n., 298 Ill. Dec. 530, 840 N.E. 2d 300 (2005), the appellate court held that petitioner failed to show that multiple chemical sensitivity (hereinafter “MCS”) was a generally accepted syndrome in the medical community.
Pekin Insurance v. Anthony Hiera By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In this Fourth District case, the appellate court affirmed the decision of the trial court granting Hiera’s motion for an immediate UM arbitration and denying Pekin’s motion to stay said proceedings.
Section 19(n) interest for medical expenses awards affirmed By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In Vulcan Materials Company v. Industrial Commission, 2005 WL 3489567 (Ill.App. 1 Dist., Dec. 21, 2005), the Illinois Appellate Court affirmed a Commission decision declaring medical expense awards to be “compensation” under the Act and subject to interest pursuant to Section 19(n).
Attorneys’ pleas for fees pays off By Cameron B. Clark Workers’ Compensation Law, January 2006 In Alvarado v. Industrial Commission, the Illinois Supreme Court, in a decision delivered by Justice Thomas, addressed the issue of whether the Commission may award attorney fees to a claimant’s former attorney several months after the Commission approved a settlement between the claimant and his employer.
Carpenter bypasses employer’s attempts to detour benefits By Arnold G. Rubin Workers’ Compensation Law, January 2006 In order to recover for benefits under the Illinois Workers’ Compensation Act, it is well accepted that a claimant’s work-related injury must “arise out of and in the course of the employment.”
Employer avoids “commutation” order By Arnold G. Rubin Workers’ Compensation Law, January 2006 Section 24 of the Illinois Workers’ Compensation Act provides authority for the Commission to order and direct an employer to deposit the commuted value of the total unpaid compensation with the State Treasurer or with any savings and loan association or State or national bank or trust company doing business in the State.
Estate wins debate over abatement of claim By Cameron B. Clark Workers’ Compensation Law, January 2006 In Nationwide Bank, the appellate court was faced with the question of whether or not a claim abated upon the death of the injured worker’s spouse.
Teacher handcuffs benefits By Cameron B. Clark Workers’ Compensation Law, January 2006 In Rotberg v. Industrial Commission, the Illinois Appellate Court, in a decision delivered by Justice Hoffman, reviewed the decision of the Commission denying workers’ compensation benefits to a teacher.
Volunteer slides away from contribution claim By Cameron B. Clark Workers’ Compensation Law, January 2006 In Flores v. Palmer Marketing, Inc., the Illinois Appellate Court, in a decision delivered by Justice O’Brien, addressed the issue of whether or not a claim for contribution against a “volunteer” of the employer was barred by Section 5(a) of the Workers’ Compensation Act.
Widow’s claim for benefits runs out of road By Cameron B. Clark Workers’ Compensation Law, January 2006 In Swartz v. Industrial Commission, the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue of whether a causal connection existed between the claimant’s employment and his fatal cardiac event.
Fourth Appellate District rules that workers’ compensation lien is waived if comp settlement contract does not preserve comp lien By Michael J. Marovich Civil Practice and Procedure, December 2005 Perhaps one of the most confusing and frustrating aspects of any personal injury attorney’s practice is dealing with liens on any settlement or verdict proceeds.
Willis v. Kiferbaum Construction: A Kotecki waiver by a subcontractor does not climb the chain to benefit a contractor higher up unless expressly provided for by contract By Richard L. Turner Civil Practice and Procedure, December 2005 It is now clear under the recent decision in Willis v. Kiferbaum Construction Corp., that such a Kotecki waiver only occurs where it is expressly contracted for between the employer/subcontractor and the party further up the contractual chain seeking to assert that waiver.
Penalties denied: Armour Swift-Eckrich v. Industrial Commission By Carol A. Cesaretti Workers’ Compensation Law, August 2005 On January 15, 1998, claimant, James Williams, suffered repetitive trauma injuries to both of his arms while in the course of his employment with Armour Swift-Eckrich ("Armour").
Section 5(b) Lien Rights By Edyta Salata Workers’ Compensation Law, August 2005 In Borrowman v. Prastein, 356 Ill.App.3d 546, 826 N.E.2d 600 (4th Dist. 2005), the Appellate Court reversed a circuit court decision awarding an employer a lien against a petitioner's medical malpractice settlement.
Suspension of benefits for failure to attend Section 12 examination proper where employer disputes that Claimant is an “employee entitled to receive disability benefits” By Kenneth F. Werts Workers’ Compensation Law, August 2005 Is an employer within its rights in refusing to pay temporary total disability benefits where the employee refuses to attend a Section 12 examination, and where the employer denies liability and declines to make temporary total disability benefit payments to the employee at the time it requests the exam?
To admit or not to admit: The vexing issue of the admissibility of medical bills By Cameron B. Clark Workers’ Compensation Law, August 2005 In Land and Lakes Company v. Industrial Commission, 2005 WL 1252304(Ill.App. 2d Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Callum, addressed a number of issues. The issues included 1) evidentiary ruling regarding the admission of medical bills into evidence; 2) medical causal connection; 3) prospective medical care; and 4) claimant's entitlement to temporary total disability benefits.
Who benefits from adjustments to medical bills paid by a third-party group insurance carrier? The employer or injured worker? By Richard D. Hannigan Workers’ Compensation Law, August 2005 In Joyce Arthur, Appellee, v. Laurie Catour Appellants et.al. Docket Nos. 07920, 97946 cons.-Agenda-November 2004; the following question was certified to the Supreme Court moving through the system pursuant to Supreme Court Rule 308
Boyd Electric: Is the Commission really a party? By Anita M. Decarlo Workers’ Compensation Law, June 2005 As a first year law student, I remember asking my father why all Workers' Compensation cases above the Commission level were captioned "Somebody v. The Industrial Commission?"

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