Certification of hospital recordsBy Carol A. CesarettiDecember 2004National 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?By Richard D. HanniganMarch 2004The 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.
Commission newsBy Richard D. HanniganMarch 2004Updates of interest to workers' comp law practitioners.
Editor’s notesBy Richard D. HanniganSeptember 2004A message from Editor Rich Hannigan.
Edward Don Co. v. Industrial CommissionBy Deborah A. BenzingMarch 2004In 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 DistrictBy Carol A. CesarettiDecember 2004In 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 wasBy Michelle D. PorroJune 2004Our 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 newsSeptember 2004On January 1, 2005, the Industrial Commission will change its name to the Illinois Workers' Compensation Commission.
Industrial Commission newsBy Richard D. HanniganJune 2004By the time this newsletter is received by your office there may be amendments to the Workers' Compensation Act.
IntroductionDecember 2004This issue has been prepared by our Co-Editor, Carol A. Cesaretti of Brady, Connolly and Masuda.
IntroductionMarch 2004This newsletter should be retained by every lawyer practicing before the Industrial Commission as a part of their trial notebook.
Notes from the ChairDecember 2004I have the distinct privilege of unveiling the ISBA Workers' Compensation Section Council's annual seminar lineup. T
Recent casesSeptember 2004Litchfield 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 Litchfieldtant.
Retaliatory dischargeBy Carol A. CesarettiDecember 2004In 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 commentsBy Bruce L. BondsMarch 2004Chairman Dennis Ruth has just completed his first year as Chairman of the Illinois Industrial Commission.
A valued investigationBy Carol A. CesarettiDecember 2004In 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.
What constitutes a valid appointment as a commissioner?By Michelle D. PorroJune 2004The appellate court tackled this question in Sleeter v. Industrial Commission. No. 4-02-1044 WC. The first issue brought by this claim is simply a manifest weight of the evidence argument regarding accident.
When is a circuit court order final and appealable?By Michelle D. PorroJune 2004Where 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.