Workers’ Compensation Law

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

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2019 Articles

Appeal Bond Required by Section 19(f)(2) of the Act Is Subject to the 20-Day Time Requirement That Governs the Process for Appealing a Workers’ Compensation Case to the Circuit Court By Jack M. Linn December 2019 A summary of Meijer v. IWCC, et al., which turned on the question of whether the bond required by Section 19(f)(2) is subject to the same 20-day time window as the rest of the circuit court appeals process.
Appellate court affirms commission decision finding petitioner failed to prove his condition of ill-being was causally connected to his work place accident By Timothy C. Steil April 2019 The appellate court issued a Rule 23 decision in Lloyd Roberts v. Illinois Worker’s Compensation Comm’n.
Appellate court affirms denial of claim for injuries sustained in auto accident petitioner was involved in on her way to a follow-up doctor’s appointment for her work injury By Monica J. Kiehl April 2019 Gaytan v. Illinois Workers’ Compensation Comm’n reaffirms the fact-specific scenarios under which an employee is entitled to workers’ compensation benefits when injured traveling to or from a doctor's appointment.
The Appellate Court Is Not Afraid to Reverse the IWCC Based Upon Manifest Weight of the Evidence By Richard D. Hannigan September 2019 In a recent Rule 23 decision, the court held that when utilizing the manifest weight of the evidence standard, the test is whether the evidence is sufficient to support the Commission’s finding and not whether the opposite conslusion might be reached.
Appellate court lacks jurisdiction to enforce workers’ compensation subpoena when enforcement has not been attempted via the IWCC By Jack Linn April 2019 A summary of Diahann Grasty v. Illinois Workers’ Compensation Comm’n.
Circuit Court Stay of IWCC Proceedings Based on Primary Jurisdiction May Not Be Appropriate By Dennis S. O’Brien December 2019 It is somewhat rare for workers’ compensation appellate cases to involve stays of IWCC proceedings outside of bankruptcy proceedings, but as in West Bend Mutual Insurance Co. v. TRRS Corp., they can and do occur.
Editor’s Comments By Richard D. Hannigan December 2019 A note from the editor, Richard D. Hannigan.
Editor’s Comments By Richard D. Hannigan October 2019 A note from the editor, Richard D. Hannigan.
Editor’s Comments By Richard D. Hannigan September 2019 A note from the editor, Richard D. Hannigan.
Editor’s note By Richard D. Hannigan April 2019 An introduction to the issue from the editor, Richard D. Hannigan.
Employee Unsuccessful in Proving Retaliatory Discharge for Exercising His Rights Under the Illinois Workers’ Compensation Act By Candice E. Drew December 2019 A summary of Russell Matros v. Commonwealth Edison Co. and Exelon Corp., in which the plaintiff alleged that his termination was in response to him pursuing a workers’ compensation claim.
Employers face new liabilities for latent injury cases under bill awaiting governor’s signature By Daniel L. Kelley April 2019 Illinois Senate Bill 1596 has been approved by the Illinois General Assembly and upon signing by the Governor will allow employees to file civil actions against employers for latent injuries.
‘Estate of Petitioner’ is Not a Proper Party in a Workers’ Compensation Proceeding By Brad L. Badgley October 2019 In Illinois State Treasurer v.  Estate of Kormany, the circuit court's judgment was vacated and remanded to allow a personal representative of a deceased petitioner’s estate to be substituted as the proper party.
Filing Deadlines and Subject Matter Jurisdiction—How 19(f)(1) Plays It’s Role By Matteo Rago October 2019 A summary of Briana Conway v. Illinois Workers' Compensation Commission, which highlights the importance of a practitioner to adhere to a timely filing and strict compliance of the Workers’ Compensation Act.
Further Clarification on the Law of the Case Doctrine: Jeffrey Grote v. Illinois Workers’ Compensation Commission By Erin Sievers September 2019 A summary of Jeffrey Grote v. Illinois Workers’ Compensation Commission.
Get to know the appellate court justices of the Workers’ Compensation Commission Division By Richard D. Hannigan April 2019 Biographies of Justice Thomas Hoffman and Hon. Donald C. Hudson.
Governor’s Pritzker’s commission appointments By Richard D. Hannigan April 2019 Recent appointments to the Illinois Workers' Compensation Commission.
How to Determine Whether an Injury Arises Out of Employment: McAllister v. IWCC, 2019 IL App (1st) 16274WC By Howard H. Ankin & Erin Seivers October 2019 A summary of McAllister v. Illinois Workers' Compensation Commission, which explores when an injury arises out of employment.
If the Decedent Is Paid Cash and His Biological Child Is Adopted After Dis Death, Was He an Employee and Is That Child Entitled to the Death Benefit? By Richard D. Hannigan September 2019 In Ravenswood Disposal Service v. IWCC,  the court grappled with the issues of employer/employee, payment of medical expenses, and penalties under a manifest weight theory, as well the issue of the dependency of a child who was adopted by another after decedent’s accident under a question of law theory.
Is an Award of PPD to Be Paid in a Lump Sum or as It Accrues? By Richard D. Hannigan December 2019 A summary of Iannoni v. The City of Chicago, which involves the method of payment for an 8(d)2 award.
Loaned/Borrowed Employee and the Exclusive Remedy By Richard D. Hannigan September 2019 While some employers and insurance companies may bemoan the benefits afforded an injured worker they certainly benefit from sections 1(a)(4) and 5 of the Workers’ Compensation Act.
Mergers & applications—Does the nature and extent of successive injuries merge? By Timothy O’Gorman April 2019 The appellate court has recently settled the question of whether benefits can be awarded concurrently under sections 8(e) and 8(d)1 of the Illinois Workers’ Compensation Act.
Multiple Accidents and Section 5(b): What Does the Employer Have to Prove to Recover? By Gregory S. Keltner December 2019 In Hunt v. Herrod, the third district appellate court found that an employer is not entitled to a lien pursuant to Section 5(b) of the Workers’ Compensation Act merely because it paid workers’ compensation benefits.
Rule 23 Decision Affirms Commission’s Insight, Denying Boilermaker’s Incredible, Uncorroborated Claim Involving 10-Ton Channel Head Installation at Refinery By Robert Finley October 2019 A summary of Edward Holmes, Jr. v. Illinois Workers’ Compensation Commission, in which the court affirmed the Commission's decision to deny benefits where the Commission's determination that the claimant failed to prove an accident arising out of and in the course of his employment was not against the manifest weight of the evidence.
Traveling to and From Employer’s Premises in the Context of Slip and Fall Injuries By Richard D. Hannigan December 2019 As a general rule, when an employee slips and falls at a point off of the employer’s premises while traveling to and from work, the resulting injuries do not arise out of and in the course of the employment and are not compensable under the Act.