Workers’ Compensation Law

The newsletter of the ISBA’s Section on Workers’ Compensation Law

ISBA Members, please login to join this section

2023 Articles

Appellate Court Affirms Commission Decision to Award Section 8(d)2 Person-as-a-Whole vs. Section 8(d)1 Wage Differential for Carpenter Provided With Accommodated Work By Mark Jeep March 2023 The Workers’ Compensation Division of the appellate court recently ruled on issues concerning penalties and fees, section 8(j) credits for medical expenses, appellate procedure, and the proper analysis of wage differential claims.
Appellate Court Affirms the Decision of the Commission Finding That the Decision Was Not Against the Manifest Weight of the Evidence By Tammy A. Paquette September 2023 A summary and analysis of Durable Packaging v. Illinois Workers’ Compensation Comm'n.
Appellate Court Confirms That Caterpillar Tractor Employment-Related Acts Analysis Is Not Applicable for Idiopathic Falls By Olga Beznashchuk December 2023 In Juarez v. Illinois Workers’ Compensation Comm’n, the appellate court analyzed the issue of causation in the context of an idiopathic fall.
Appellate Court Holds Section 8(e)17 Deductions to Be Based Upon Percentage Loss of Use of the Member Rather Than the Number of Weeks in the Prior Award By Matthew J. Rokusek December 2023 Village of Niles v. Illinois Workers’ Compensation Comm’n brings clarity to the Commission’s statutory obligation to calculate deductions for prior settlements/awards pursuant to section 8(e)17 of the Workers’ Compensation Act.
The Court May Affirm Commission Decision if There Is Any Legal Basis in the Record to Sustain It By Jack Linn July 2023 In Chicago Board of Education v. Illinois Workers’ Compensation Comm’n, a teacher in Chicago sustained injury when she fell down a flight of stairs after clocking out of work.
Editor’s Note By Cameron B. Clark December 2023 An introduction to the issue from one of the co-editors.
Editor’s Note By Candice E. Drew September 2023 An introduction to the issue from the editor.
Editor’s Note By Kenneth F. Werts July 2023 An introduction to the issue from one of the editors.
Editor’s Notes By Tim O’Gorman March 2023 An introduction to the issue from the editor.
Employco USA v. Workers’ Compensation Comm’n Calculating Wage Rates Where the Petitioner Only Worked a Few Days By Joseph K. Guyette July 2023 Employco USA, Inc. v. Illinois Workers' Compensation Comm’n addresses the proper method for calculating average weekly wages for an employee who worked for a relatively short period of time.
Harrah’s Illinois Corporation v. Illinois Workers’ Compensation Comm’n: Down the Rabbit Hole to Consider Issues of Properly Perfecting a Review and Determining Manifest Weight By Rick Turner December 2023 A summary and analysis of Harrah’s Illinois Corp. v. Illinois Workers' Compensation Comm'n.
How Do You Prove Entitlement to a Section 8(E)17 Credit? An Analysis of Bowen v. IWCC By Michelle D. Porro December 2023 A summary and analysis of Bowen v. Illinois Workers' Compensation Comm'n.
If You Claim a Credit, You Need to Prove It By Herb Franks & Rebecca Lamm March 2023 The appellate court recently issued a stern warning to employers reminding that credit against an award is the exception rather than the general rule, and it is the employer’s burden to conclusively prove its entitlement to credit.
In Memoriam of Richard Hannigan March 2023 Members of the Workers' Compensation Section Council share their fond memories of Richard Hannigan.
1 comment (Most recent March 25, 2023)
It’s All in the Details: Proving Accident and Causation in a Repetitive Trauma Case By Gregory S. Keltner July 2023 In a recent Rule 23 decision, the appellate court considered the issues of accident, causation, and the manifest weight standard of review in the context of a repetitive trauma claim.
The ‘Manifest Weight’ Squashes Respondent’s Appeal: FCN, Inc. v. IWCC By Joshua A. Humbrecht March 2023 A summary and analysis of Final Call, Inc., a/k/a FCN Publishing v. Illinois Workers' Compensation Comm'n.
‘Parking Lot Exception’ Secures Favorable Compensability Finding for Claimant By Nathan Lanter July 2023 Flossmoor School District #161 v. Illinois Workers’ Compensation Comm’n applies the “parking lot exception” to the “arising out of the employment” analysis in confirming a favorable Commission determination of compensability.
Taking a Bit of the ‘Practice’ Out of Your Practice By Marcos A. Resendiz September 2023 A snapshot of ISBA's member benefits.
Utilization Reviews: Needed? Wanted? Weight? By Suzanne Nyhan March 2023 A summary and analysis of Montgomery v. Illinois Workers’ Compensation Comm'n.
Where a Claimant Worked Purely on a Voluntary Basis, the Appellate Court Held That She Failed to Prove That She Was an Employee By Kenneth M. Lubinski September 2023 Where a claimant worked purely on a voluntary basis as a pilot for a skydiving center in order to accumulate flight hours with no expectation of payment or future employment, the appellate court held that she failed to prove that she was an employee and denied liability under the Illi-nois Workers’ Compensation Act.