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Newsletter articles from 2004
Certification of hospital records
National Wrecking v. Industrial Commission, establishes that certification of hospital records is the bare minimum procedural requirement for proper admission under Section 16 of the Act if the parties do not stipulate to the admission of such records.
Clerical error. When is the proper time to file a Review?
The appellate court seems to deal with this issue once every four years. In Diane Schultz v Forest Preserve District of Cook County, 1-02-2860 WC filed by the First District Appellate Court, Industrial Commission Division revisited that issue.
Updates of interest to workers' comp law practitioners.
Edward Don Co. v. Industrial Commission
In the recent decision of Edward Don Company v. The Industrial Commission, 344 Ill. App.3d 643, 801 N.E.2d 18 (2003), the appellate court held that the petitioner's overtime earnings were properly excluded from the average weekly wage calculation.
“Increased risk” as analyzed by the 5th District
In Nascote Industries v. Industrial Commission, 2004 Ill.App. LEXIS 1326 5-03-0706WC (5th Dist. 2004) the 5th District distinguished Caterpillar Tractor in its analysis of what constitutes "increased risk."
The Industrial Commission must determine who the aggressor was
Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
Industrial Commission news
On January 1, 2005, the Industrial Commission will change its name to the Illinois Workers' Compensation Commission.
Industrial Commission news
By the time this newsletter is received by your office there may be amendments to the Workers' Compensation Act.
This issue has been prepared by our Co-Editor, Carol A. Cesaretti of Brady, Connolly and Masuda.
This newsletter should be retained by every lawyer practicing before the Industrial Commission as a part of their trial notebook.
Notes from the Chair
I have the distinct privilege of unveiling the ISBA Workers' Compensation Section Council's annual seminar lineup. T
Litchfield Healthcare Center v. The Industrial Commission, 349 Ill.App.3d 486, 812 N.E.2d 401, 285 Ill.Dec. 581, involved an employee who was a certified nursing assis Litchfield tant.
In Kevin C. Carter v. Tennant Company, 383 F.3d 673 (7th Cir, 2004), the Seventh Circuit held that because Carter was dishonest in filling out the "Health History Questionnaire" portion of his application that inquired about his prior work-related injuries and medical care, Tennant had a valid, non-pretextual reason to discharge him.
Section Chairman’s comments
Chairman Dennis Ruth has just completed his first year as Chairman of the Illinois Industrial Commission.
A valued investigation
In Robert Ross v. Entenmann's Bakery and Industrial Commission of Illinois, 2004 Ill.App. LEXIS 1246, the First District affirmed the Commission's decision holding that the claimant failed to prove an accidental injury arising out of and in the course of his employment.
When is a circuit court order final and appealable?
Where the Arbitrator and Industrial Commission find that the Petitioner is entitled to TTD, medical and an award of PPD equal to 45 percent maw, and the circuit court reverses and remands for a finding consistent with its opinion that the Petitioner is permanently and totally disabled, the circuit court's order is interlocutory and an appeal can not be perfected to the appellate court until after the claim has been heard on remand by the Industrial Commission.