Workers’ Compensation Law

House Bill 5823

Topic: 
Health Care Services Lien Act
(Thapedi, D-Chicago) makes four changes to the Health Care Services Lien Act. (1) Limits the lien of a health care provider to the rates established by the health insurance plan or public funds that are available to pay the medical bills. (2) Proportionately reduces subrogation claims or liens for medical expenses in the same proportion that the claimant’s recovery is reduced because of comparative fault or uncollectability of the full value of the full claim because of limited liability insurance or from any other cause. (3) Requires a lienholder to bear the pro rata share of the claimant’s attorney’s fees and litigation expenses for collecting the health-care provider’s lien and be barred from suing the patient for the unpaid balance. (4) Allows petitions to adjudicate rights under this Act to be served on interested adverse parties by personal service, substitute service, or registered or certified mail. House Bill 5823 hasn't been scheduled for a hearing yet.

Gruszeczka v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (2d) 101049WC
Decision Date: 
Tuesday, February 14, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Vacated; appeal dismissed.
Justice: 
HOFFMAN
In Section 19(f)(1) of Workers' Compensation Act, which provides that proceeding for judicial review of Commission decision shall be commenced within 20 days of receipt of notice or decision, commencement date is date upon which proceeding for judicial review is received by clerk of court, not date that document was mailed to clerk. Section 19(f) of Act does not contain a mailbox rule. (McCULLOUGH and HUDSON, concurring; STEWART and HOLDRIDGE, dissenting.)

Hastings Mutual Insurance Company v. Ultimate Backyard

Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2012 IL App (1st) 101751
Decision Date: 
Thursday, February 9, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
LAVIN
Insurer filed declaratory judgment action seeking order that it was not responsible for workers' compensation claim for knee injury filed by employee. Key issue of whether notice of cancellation sent from insurer to National Council on Compensation Insurance (delegee of IWCC) conformed with statutory requirements. Interpretation of Section 4(b) of Workers' Compensation Act is question of law, which is best answered by circuit court and does not require specialized expertise of IWCC. Thus, IWCC does not have primary jurisdiction. Circuit court is ordered to stay IWCC proceedings until circuit court makes decision as to issue of insurance coverage. (FITZGERALD SMITH and PUCINSKI, concurring.)

Patel v. Home Depot USA

Illinois Appellate Court
Civil Court
Workers Compensation
Citation
Case Number: 
2012 IL App (1st) 103217
Decision Date: 
Thursday, February 2, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
STERBA
Section 19(g) of Workers Compensation Act does not provide remedy for employer's inadvertent overpayment of benefits for certain time period. Employer cannot apply a credit for its overpayment against benefits to which employee was previously entitled, to avoid entry of judgment pursuant to Section 19(g). (LAVIN and PUCINSKI, concurring.)

Senate Bill 2952

Topic: 
Statute of repose for attorneys
(Rezin, R-Peru) creates an exception to the statute of repose for attorney malpractice that currently limits actions to no later than six years after the date on which the attorney's act or omission occurred. The exception is if the client is still represented by the attorney or the attorney knowingly conceals the act or omission. If that occurs, the limitation does begin to run until the person is no longer represented by the attorney or until the client should have known of the injury. Just introduced and referred to the Committee on Assignments for assignment to a substantive committee.

Professional Transportation v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (3d) 100783WC
Decision Date: 
Thursday, January 19, 2012
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HOFFMAN
Claimant sustained medial meniscus tear as result of falling on ice while working as driver. Evidence did not support claim of permanent total disability, as claimant made meager efforts to find new work, and several physicians opined that claimant could work, with restrictions. Commission properly apportioned medical expenses, and employer did not offer evidence that medical expenses were not reasonable or necessary. (McCULLOUGH, HUDSON, and HOLDRIDGE, concurring.)

Aber v. American Home Assurance

Illinois Supreme Court PLAs
Civil Court
Workers' Compensation
Citation
PLA issue Date: 
January 25, 2012
Docket Number: 
No. 113476
District: 
4th Dist. Rule 23 Order.
This case presents question as to whether trial court had jurisdiction to consider plaintiff's complaint seeking enforcement of two workers' compensation judgments that plaintiff had received against her employer where defendant-insurer of employer was not named as defendant in underlying Ill. Industrial Commission proceeding? Appellate Court found that trial court lacked jurisdiction to consider plaintiff's complaint where said complaint was essentially workers' compensation case, and where instant lawsuit was not authorized under either section 19(f) or 19(g) of Compensation Act. Ct. further noted that plaintiff had not cured fatal errors in her earlier failed attempt to add defendant in her prior workers' compensation action since defendant did not have opportunity in that action to either investigate or cross-examine plaintiff.

Skokie Castings v. Illinois Insurance Guaranty Fund

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2012 IL App (1st) 111533
Decision Date: 
Wednesday, January 18, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div.
Holding: 
Affirmed.
Justice: 
STEELE
Court properly ruled that a self-insuring employer was entitled to payment from Illinois Insurance Guaranty Fund based on excess workers' compensation policies employer purchased from insurer before insurer became insolvent and went into receivership. Fund improperly terminated payments on workers' compensation award to employee injured by bullet wound to head suffered during and in scope of her employment, and $300,000 cap on covered claims under statute did not apply to Fund's obligations as to that award. (MURPHY and SALONE, concurring.)

Arcelor Mittal Steel v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2011 IL App (1st) 102180WC
Decision Date: 
Monday, November 7, 2011
District: 
1st Dist.
Division/County: 
IWCC Div.
Holding: 
Affirmed.
Justice: 
McCULLOUGH
(Court opinion corrected 12/23/11.) Maintenance technician filed workers' compensation claim for injuries to right arm sustained while carrying 300-pound piece of steel. Arbitrator awarded TTD and PPD, which included scheduled overtime earnings and production bonuses. Commission did not err by including overtime earnings in calculating average weekly wage, as evidence established that employee was required to work scheduled overtime as a condition of his employment. Commission did not err by including production bonuses in calculating average weekly wage, as bonuses were in consideration for work performed pursuant to collective bargaining agreement, and employer had no discretion in paying bonuses when earned. (HOFFMAN, HUDSON, HOLDRIDGE and STEWART, concurring.)

Jacobo v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2011 IL App (3d) 100807WC
Decision Date: 
Wednesday, November 16, 2011
District: 
3d Dist.
Division/County: 
WC Div., Will Co.
Holding: 
Reversed and remanded.
Justice: 
STEWART
(Court opinion corrected 12/19/11.) Employer refused to pay undisputed portions of claimant's benefits until appeals were exhausted on unrelated issue. Any portion of a claimant's benefits which are undisputed must be promptly paid or employer is subject to Section 19(k) penalties and Section 16 attorney fees. Employer's intentional delay served no purpose but to delay compensation to injured worker. (McCULLOUGH, HOFFMAN, HUDSON, and HOLDRIDGE, concurring.)