Workers’ Compensation Law

Senate Bill 2301

Topic: 
Non-Recourse Civil Litigation Funding Act
(Thapedi, D-Chicago) creates the Non-Recourse Civil Litigation Funding Act. Requires that all contracts for non-recourse civil litigation funding must meet specified criteria. The contract must allow the consumer to cancel the contract within five business days after the consumer receives the funds without penalty or further obligation. Specifies the notice requirements for contracts and sets requirements for fee calculations. Prohibits unregistered companies from doing these transactions with consumers. Requires the Department of Financial and Professional Regulation to consider certain criteria while making decisions regarding registration. The Department is to make and enforce reasonable rules and regulations as may be necessary to carry out the provisions of the Act. Just introduced.

Wood Dale Electric v. The Illinois Workers Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2013 IL App (1st) 113394WC
Decision Date: 
Monday, February 11, 2013
District: 
1st Dist.
Division/County: 
WC Commission Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
HOFFMAN
Injured journeyman electrician's pension payments were result of normal pension retirement benefits, and wholly unrelated to the claimant's workers' compensation accident. Thus, those pension payments cannot entitle employer to a credit against its liability under Workers Compensation Act. A wage differential award is determined by comparing claimant's prior earning capacity to amount he is earning or is able to earn in some suitable employment after the accident. A claimant's voluntary decision to remove himself from the workforce does not preclude a wage differential award. (HOLDRIDGE and HUDSON, HARRIS, and STEWART, concurring.)

SJRCA 7

Topic: 
Eligibility of judges in Cook County
(Cunningham, D-Chicago) requires a judge to have actively practiced law in Illinois for at least ten years before he or she can be elected or appointed an associate or circuit judge in Cook County. To be eligible for either office, a potential judge must have been certified as qualified to be a Judge or Associate Judge by at least five members of the Attorney Registration and Disciplinary Commission. Before a lawyer may run for nomination, election, or retention for any judgeship at any level in Cook County, the prior approval of the ARDC members is required. Retention of a judge will require a two-thirds vote (currently three-fifths). This retention change appears to affect all Illinois judges. Effective upon adoption and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of the Amendment. Just introduced.

House Joint Resolution for Constitutional Amendment

Topic: 
Constitutional amendment and judicial retention
(Cassidy, D-Chicago) is a proposed constitutional amendment that changes judicial retention for Supreme, Appellate, and Circuit Judges. It creates a Judicial Retention Commission in each Judicial District to evaluate the qualifications of Supreme and Appellate Court Judges seeking retention and creates a Judicial Retention Commission in each Judicial Circuit to determine the qualification for Judges for retention in the Circuit. If a judge is found to be unqualified by the applicable commission, the judge may seek retention in the general election. Judges that are found qualified are retained in office.

House Bill 5151

Topic: 
Medical malpractice and tobacco litigation
(Madigan, D-Chicago; Harmon, D-Oak Park) does three things in the Code of Civil Procedure. (1) Re-enacts and repeals statutory provisions so the text of those provisions conforms to the decisions of the Illinois Supreme Court in Best v. Taylor Machine Works and Lebron v. Gottlieb Memorial Hospital. (2) Caps contingent attorney’s fees in a medical malpractice action at 33 1/3 per cent of all sums recovered. (3) Limits the supersedeas bond requirement for all the appellants collectively in the tobacco settlement to be no more than $250 million. Sent to the Governor.

Dye v. Illinois Workers' Compensation Comm'n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (3d) 110907WC
Decision Date: 
Monday, December 31, 2012
District: 
3d Dist.
Division/County: 
La Salle Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HUDSON
Employee, a furnace operator, suffered injury to her temple upon being struck by steel cylinder on her temple, leaving small indentation in forehead which treating physician stated was caused by work injury. Commission erred in denying employee's request for prospective cosmetic medical care, as Section 8(a) does not require that disfigurement be "serious and permanent." Commission properly denied penalties, additional compensation and attorney fees, as there was conflicting evidence as to whether employee's disfigurement required further treatment. (HOLDRIDGE, HOFFMAN, and STEWART, concurring; TURNER, specially concurring in part and dissenting in part.)

University of Illinois Hospital v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 113130WC
Decision Date: 
Friday, December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Vacated and remanded.
Justice: 
HOFFMAN
As two commissioners who found that claimant was entitled to receive benefits did not agree as to a permanency award, a majority of the commissioners did not approve the PPD award, and the Commission's decision was not final as it did not dispose of claimant's request for permanent disability benefits per Section 19(e). In absence of a final determination by the Industrial Commission, the circuit court lacked requisite subject-matter jurisdiction to enter order confirming Commission's decision. (HUDSON, HOLDRIDGE, APPLETON, and STEWART, concurring.)

Ingrassia Interior Elements v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (2d) 110670WC
Decision Date: 
Monday, December 10, 2012
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Circuit court reversed; Commission decision reinstated; remanded.
Justice: 
HUDSON
Circuit court erred in not giving deference to Commission's construction of Section 7030.40 of Workers' Compensation Act, which is reasonable, not in conflict with plain language, and entirely consistent with ordinary principles of contract law. The fact that a transcript was not filed within the time period specified in Section 19(b) of the Act does not deprive the Commission of its statutory authority to hear and consider cases under the Act. (HOFFMAN, TURNER< and STEWART, concurring; HOLDRIDGE, specially concurring.)

The Venture-Newberg Perini Stone and Webster v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (4th) 110847WC
Decision Date: 
Thursday, December 6, 2012
District: 
4th Dist
Division/County: 
Sangamon Co.
Holding: 
Circuit court reversed; Commission decision reinstated.
Justice: 
HOFFMAN
Claimant's accident, which occurred while he was traveling from his motel to a jobsite to work as a pipefitter and vehicle in which he was riding skidded on a public highway, arose out of and in the course of his employment. Claimant was assigned to work at a power plant in excess of 200 miles from his home, at a site which was not the premises of the employer; thus, claimant had status of a "traveling employee". Commission properly concluded that it was reasonable and foreseeable that cliamant would travel a direct route from his lodging to the plant. (HOLDRIDGE and STEWART, concurring; HUDSON and TURNER, dissenting.)

W.B. Olson, Inc. v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 113129WC
Decision Date: 
Monday, November 5, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,WC Div.
Holding: 
Affirmed and remanded.
Justice: 
HOFFMAN
Workers Compensation Commission properly awarded benefits to construction laborer for knee injuries sustained while hauling debris in wheelbarrow to dumpster. Court properly found that vocational-rehabilitation plan was appropriate, and that claimant was diligently pursuing self-directed plan to obtain truck-driving position, and thus maintenance benefits award was proper. A claimant cannot be required to submit to an evaluation by a physical therapist, who is not a "medical practitioner" within Section 12 of Workers Compensation Act. (HUDSON, HOLDRIDGE, TURNER, and STEWART, concurring.)