A $1 contract cost insurance carrier $37,500By Cameron B. ClarkMarch 2005In Sheppard v. Rebidas, 820 N.E.2d 1089, 290 Ill.Dec. 22 (1st Dist. 2004), the Illinois Appellate Court in a decision issued by Justice Greiman, addressed the issue of Section 5(b) lien rights relative to three unconsolidated claims.
Beware of stipulationsBy Cameron B. ClarkMarch 2005In Walker v. Illinois Industrial Commission, 345 Ill.App.3d 1084, 804 N.E.2d 135 (4th Dist., 2004), the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue as to whether or not the information contained on the Industrial Commission Request for Hearing form is binding upon the parties.
Boyd Electric: Is the Commission really a party?By Anita M. DecarloJune 2005As 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?"
Co-editor’s notesBy Richard D. HanniganAugust 2005A message from Editor Rich Hannigan.
Co-editor’s notesBy Richard D. HanniganJune 2005As of this writing sweeping amendments have been added to the Act and placed before the Governor. There is every reason to believe that by the time you read this, they will be signed into law.
The contract for hire: Is it the exclusive test for determining jurisdiction?By Cameron B. ClarkMarch 2005The First District Appellate Court addressed the issue as to whether the site of the contract for hire is the exclusive test for determining the applicability of the Illinois Workers' Compensation Act to persons whose employment is outside of the state of Illinois where the contract for hire is made within Illinois.
Credibility “defies logic”By Michelle L. LaFayetteJune 2005In Chicago Messenger Service v. Industrial Commission, 826 N.E.2d 1037; 292 Ill.Dec. 601 (2005), the Appellate Court, First District, reversed the Commission's finding the claimant provided an injury from an accident arising out of and in the course of employment.
Editor’s notesBy Richard D. HanniganMarch 2005If you blinked you may have missed the flurry of activity at the Commission.
The Illinois Supreme Court plows through the snowy issue of concurrent employmentBy James TyrrellJune 2005In a decision noteworthy for both average weekly wage determinations and wage differential awards, the Illinois Supreme Court in Flynn v Industrial Commission, 211 Ill.2d 546, 286 Ill. Dec.62, 813 N.E.2d 119, (June 17, 2004) held that a claimant who sustained serious injury while working a part time job was entitled to a wage differential award based on both the part time job and his regular, though seasonal, work as a truck driver even though he had been temporarily laid off from the driving job at the time of the accident.
New carpeting trips up the defenseBy James M. ByrnesJune 2005In Tinley Park Hotel & Convention Center d/b/a Holiday Inn v. Industrial Commission, 826 N.E.2d 1043; 292 Ill.Dec. 607 (2005), the Appellate Court, First District, affirmed the Commission's finding the claimant proved her injuries arose out of her employment.
Nursing assistant aided by CommissionBy Cameron B. ClarkJune 2005In Kishwaukee Community Hospital v. Industrial Commission, 2005 WL 603095 (Ill.App. 2nd Dist., 2005), the Illinois Appellate Court, in a decision delivered by Justice Goldenhersh, addressed the issues of notice, medical causal connection, the admissibility of claimant's treating physician's deposition testimony, and claimant's entitlement to temporary total disability benefits.
Pre-trial discovery: Is it available for workers’ compensation claims?By Arnold G. RubinMarch 2005The Second District Appellate Court addressed the issue as to whether a claimant in a workers' compensation claim could obtain a surveillance videotape from an employer prior to commencing the Industrial Commission proceeding through an equitable bill of discovery filed in the Circuit Court of DuPage County.
Section 5(b) Lien RightsBy Edyta SalataAugust 2005In 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.
Three post-surgical auto accidents failed to break causal connection chainBy Arnold G. RubinMarch 2005In Vogel v. Illinois Workers' Compensation Commission, 2005 WL 42748, (Ill.App. 2nd Dist. 2005), the Illinois Appellate Court, in a decision issued by Justice Callum, addressed the issue of medical causal relationship in light of three automobile accidents subsequent to surgery.
To admit or not to admit: The vexing issue of the admissibility of medical billsBy Cameron B. ClarkAugust 2005In 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.
Twice Over Clean- A respondent’s perspectiveBy James M. ByrnesJune 2005In 2003, the Supreme Court issued a decision in the case of Sisbro, Inc. v. Industrial Commission, 207 Ill.2d 193 (2003) (Sisbro II), in which it rejected the argument that the "normal daily activity" exception bars recovery when the claimant's physical condition has so deteriorated that the condition of ill-being could have been produced by normal daily activity, despite a causal connection between the work and the condition.