Workers’ Compensation Law

House Bill 96

Topic: 
Respondents in Discovery
(Thapedi, D-Chicago) makes two changes to the respondents in discovery statute. (1) It adds language providing that discovery may include a request for admission of facts or of genuineness of documents. (2) Changes the standard for converting respondents to defendants from “if the evidence discloses the existence of probable cause for such action” to “if a preponderance of the evidence discloses cause for such action.” Introduced and assigned to House Rules Committee

House Bill 175

Topic: 
Open Meetings Act
(McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.

Senate Bill 45

Topic: 
Uniform Interstate Depositions and Discovery Act
(Barickman, R-Bloomington) provides procedures for the issuance of a subpoena to require deposition testimony or discovery production in this State for litigation pending in a foreign jurisdiction. Provides that Illinois Supreme Court rules and the Section of the Code of Civil Procedure concerning subpoenas apply to subpoenas issued under the new provisions. Introduced and assigned to the Senate Committee on Assignments.

RG Construction Services v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2014 IL App (1st) 132137WC
Decision Date: 
Wednesday, December 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed and remanded.
Justice: 
HARRIS
Employee filed workers compensation claim for work-related injuries to both knees. Record supports Commission's decision that employee's left knee condition was causally connected to his work accident, finding that he fell while working on stilts, and landed on both knees. Conflicts in testimony of physicians were for Commission to resolve, and its decision was not against manifest weight of evidence. Award of 107-4/7 weeks of TTD benefits was supported by record and not against manifest weight of evidence. (HOLDRIDGE, HOFFMAN, HUDSON, and STEWART, concurring.)

Village of Deerfield v. Illinois Workers' Compensation Comm'n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2014 IL App (2d) 131202WC
Decision Date: 
Tuesday, December 23, 2014
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
STEWART
Plaintiff filed three separate workers' compensation claims, for three separate injuries, against Village, his employer. Injuries to different baody parts of the person-as-a-whole are not injuries to the same body part. Although Plaintiff's injuries to his shoulder, neck, and back are all injuries to the person-as-a-whole, they are not injuries to same body part. Plaintiff was properly given a wage differential under Section 8(d)1 of Workers' Compensation Act for second accident because his disability resulting from injury caused impairment of earning capacity. Commission's decision to make separate awards for injuries to different body parts in separate accidents is not contrary to manifest weight of evidence. (HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)

Matuszczak v. The Illinois Workers Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2014 IL App (2d) 130532WC
Decision Date: 
Tuesday, September 30, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed and remanded.
Justice: 
HARRIS
(Modified upon denial of rehearing 12/22/14.) Evidence was sufficient to show that at time of his termination, workers' compensation claimant continued to be temporarily totally disabled as a result of his work-related injury, and this showing entitled him to TTD benefits from time of termination to date of arbitration. Claimant sustained compensable work-related injuries, returned to work in light-duty capacity for the employer for over a year, and was terminated by employer for conduct unrelated to his work injury. Whether claimant was appropriately discharged, or knew he could be as a result of his conduct, was not appropriate consideration for Commission. Instead, critical inquiry for Commission in determining claimant's entitlement to TTD was whether his medical condition had stabilized and he had reached maximum medical improvement. (HOFFMAN, HUDSON, and STEWART, concurring; HOLDRIDGE, specially concurring.)

Public Act 98-1132

Topic: 
Jury size and pay
(Burke, D-Evergreen Park; Mulroe, D-Chicago) makes the following changes for juror pay: (1) Requires counties to pay jurors $25 for the first day of service and thereafter $50 for each day of service. (2) Deletes the current requirement to pay for jurors’ travel expenses. (3) Requires all trials by jury in civil cases to be six jurors but still requires that the verdict be unanimous. If alternate jurors are requested, an additional fee established by the county must be charged for each alternate juror requested. Effective date is June 1, 2015.

The Levy Company v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2014 IL App (1st) 131338WC
Decision Date: 
Friday, November 14, 2014
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN
(Court opinion corrected 12/9/14.) Employee filed two workers' compensation claims arising from shoulder injuries, and returned to work subject to permanent restrictions. Employee sustained back and neck injury at work one year later. Although claims were consolidated, they were individual and separate actions with three different injury dates, and parties were free to settle two while third remained pending. Court properly confirmed Commission's decision approving two lump-sum settlement contracts for shoulder injuries. (HOLDRIDGE, HUDSON, HARRIS, and STEWART, concurring.)

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.