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Newsletter articles from 1999
Assessment of penalties for failure to pay medical bills
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
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
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.
The chair’s corner
We're about to enter a new century and some of us, me included, are still in the early 90's, doubting that computers and this Internet stuff will affect our practice.
Hot topics—recent decisions
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
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.
Justice Philip J. Rarick interview
On the 23rd of March, 1999, we had the pleasure of doing a round table discussion with Justice Philip J. Rarick at the Porter's Steakhouse in Collinsville.
The Stip Sheet
Each newsletter will include an article on one (or more) of the issues from the Request for Hearing, or "Stip Sheet," used at Arbitration Hearings at the Illinois Industrial Commission.
Violation of a safety rule is a defense
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.