Another confusing interest caseBy Mark P. MatrangaMarch 2007The Appellate Court, Fourth District, has ventured into the interest calculation thicket with Radosevich v. The Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469.
Co-Editor’s notesBy Janet D. Pallardy & Richard D. HanniganMarch 2007Congratulations go out to our Chairperson and Vice-Chair Deb Benzing and John Shepherd on another sell out seminar February 12, 2007 and February 19, 2007.
Editor’s notesBy Richard D. HanniganDecember 2007Chairman Dennis Ruth has decided to seek a judgeship in Third Judicial Circuit. On September 26, the Madison St. Clair Record 2007 reported:
Editor’s notesBy Richard D. HanniganSeptember 2007On August 17, 2007 Chairman Dennis Ruth made the following announcement:
The elusiveness of the intoxication defenseBy Kevin S. BothaJune 2007In a recent Rule 23 decision, the Appellate Court affirmed the judgment of the Circuit Court that confirmed the decision the Worker’s Compensation Commission awarding benefits to claimant, where the defense was based on intoxication.
Exclusive remedy updateBy Brad E. BleakneySeptember 2007We are all familiar or should be familiar with the exclusive remedy provisions of the Act. Section 5(a) of the Workers Compensation Act specifically provides that payment under the Act shall be the exclusive remedy for an injured employee:
Illinois Workers’ Compensation Commission DivisionBy Justice William E. HoldridgeSeptember 2007In January of 2007, the Illinois Supreme Court appointed Justice R. Peter Grometer of the Second District Appellate Court and Justice James K. Donovan of the Fifth District Appellate Court to the Workers’ Compensation Commission division of the Appellate Court of Illinois, replacing Justice Thomas E. Callum and Justice Richard P. Goldenhersh, respectively.
The injured workers’ benefit fundBy Vito D. DeCarlo & Anita M. DeCarloMarch 2007The Injured Workers’ Benefit Fund (IWBF) was created by the 2005 amendments to Section 4(d) of the Illinois Workers’ Compensation Act (820 ILCS 305).
The policy, the whole policy and nothing but the policyBy Kristen A. WadiakDecember 2007In a recent case of first impression, the Fifth District Appellate Court of Illinois decided that the Defendant, an insurance company, was not allowed to pick and choose which parts of their uninsured policy were applicable regarding issues of workers’ compensation setoffs.
Radosevich, continued attorney fees under §19(g)By Mark P. MatrangaJune 2007The last newsletter contained a discussion of the interest rate on Commission awards found in the Fourth District decision in Radosevich v. Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469(2006).
A tort plaintiff, but no defendantBy Michelle L. LaFayetteDecember 2007To the workers’ compensation practitioner, it is well-established a worker can only seek compensation from his employer pursuant to the provisions of the Workers’ Compensation Act or the Occupational Diseases Act for injuries arising out of and in the course of his employment. See, 820 ILCS 305/1 et seq.
Wage Loss DifferentialBy Richard D. HanniganJune 2007Under §8(d)1 of the Workers’ Compensation Act an injured worker is entitled to a wage loss differential when it is proved that he is partially incapacitated and permanently prevented from pursuing his usual and customary line of employment and there is an impairment of earnings.
Waiver of Section 5b lienBy Richard D. HanniganSeptember 2007Did you use to worry that you waived your Section 5 lien when you entered into a settlement contract?