Advanced Workers’ Compensation seminarDecember 2009The Illinois State Bar Association Workers’ Compensation Law Section is sponsoring a “Back to Basics Seminar” scheduled for February 12, 2010 in Fairview Heights and February 15, 2010 at the ISBA Headquarters in Chicago.
Bad things happen when the adjuster hangs onto the fileBy Richard D. HanniganDecember 2009All too often an adjuster will hang onto a file until either just before or just after a hearing. The file will then be sent to the defense attorney and the defense attorney is then given the herculean task of trying to unring a bell or put toothpaste back in the tube.
Can the Commission award penalties pursuant § 19(k) and 16 for prospective medical care?By Richard D. HanniganJune 2009In what was first a Rule 23 order entered March 6, 2009 and now a published decision filed May 13, 2009, the Illinois Appellate Court, Workers’ Compensation Division, in Residential Carpentry v. Workers’ Compensation Commission, No. 03-08-0122WC, affirmed a case where the arbitrator awarded temporary total disability benefits and penalties on prospective medical expenses.
Carpal Tunnel Syndrome: Is it work-related?By Linda A. RobertMarch 2009In light of the medical research presented in this article, there should be a decrease in carpal tunnel claims that are accepted as compensable. There is no scientific or medical basis for relating carpal tunnel syndrome to work activities. When there is no medical evidence to support finding a causal connection between carpal tunnel syndrome and work activities, the Commission should not make legal conclusions to the contrary.
Does a 4(c) petition and/or a rule to show cause survive an approved settlement contract?By Richard D. HanniganJune 2009On April 14, 2009 the author had the opportunity to be present during the Appellate Court oral argument when two former presidents of the Illinois Workers’ Compensation Lawyers Association went toe-to-toe on a rule to show cause filed by the petitioner’s attorney Richard Aleksy against the adjuster and insurance company who where represented by Ms. Elaine Newquist.
Editor’s notesBy Richard D. HanniganDecember 2009Please note that the opinions contained in these articles and interviews are not necessary the opinions of the Illinois State Bar Association and are solely the opinion of the author.
Editor’s notesBy Richard D. HanniganSeptember 2009An introduction to the issue from Editor Rich Hannigan.
Editor’s notesBy Richard D. HanniganJune 2009An introduction to the issue from Editor Rich Hannigan.
Editor’s notesBy Richard D. HanniganMarch 2009An introduction to the issue from Editor Rich Hannigan.
First-grade reading teacher properly calculated AWWBy Cameron B. ClarkDecember 2009In Washington District 50 Schools v. Illinois Workers’ Compensation Commission, 2009 WL 3366466 (Ill.App.3d Dist., October 16, 2009), the Illinois Appellate Court, in a case of first impression, found that the time for which a school teacher was retained to work defines her “employment” with regard to the calculation of her average weekly wage under Section 10 of the Act.
Good Samaritan: Hip check to vending machine awardedBy Brad E. BleakneySeptember 2009The Appellate Court in Circuit City v. Illinois Workers Compensation Commission reviewed the hip check case and reinstated the Commission award but not as a “personal comfort” case but rather affirmed the award as a “Good Samaritan” case, in that he was coming to the aid of a female coworker.
Medical bills: What a dilemma!By Richard D. HanniganJune 2009Resolving issues regarding medical bills and expenses have become a daunting task for the petitioner’s attorney and the respondent. This is true whether the case is contested or uncontested.
November 16, 2009 Interview with Arbitrator Edward LeeBy Richard D. HanniganDecember 2009Arbitrator Lee, on behalf of the Illinois State Bar Association I would like to thank you for this opportunity to sit down and discuss your background and experience as an arbitrator at the Illinois Workers’ Compensation Commission.
Undocumented worker is awarded permanent total disability benefitsBy Kevin S. BothaMarch 2009In a landmark decision, Economy Packing Co v. Illinois Workers’ Compensation Comm’n, the Appellate Court affirmed an order from the Circuit Court of Cook County which confirmed the decision of the Illinois Workers’ Compensation Commission that awarded the Petitioner permanent total disability benefits pursuant to the Workers’ Compensation Act.
Wallyball: A Section 11 “Recreational” Activity . . . not alwaysBy Michelle L. LaFayetteDecember 2009Webster’s New World Dictionary of American English defines the word “recreation” to mean “refreshment in body or mind, as after work, by some form of play, amusement or relaxation.” ... Recreational activities are therefore those that people use to escape from the pressures of work and everyday life to have fun and relax – exercise, organized sports, etc.