Subject Index Workers' Compensation

On May 31, 2024, the Fifth District of the Illinois Appellate Court held a claimant may recover worker’s compensation benefits for nonscheduled losses that could affect earning capacity.

On Dec. 16, 2021, the Illinois Supreme Court held that it lacked appellate jurisdiction to review a trial court order because the order was not final.

On Sept. 24, 2020, the Illinois Supreme Court held that workers’ compensation claims require no additional evidence when the injury arises out of an employment-related risk, even when the injury stems from common bodily movements.

The Workers’ Compensation Commission adopted an amendment to the Part titled Miscellaneous, implementing Public Act 100-1117.

On Feb. 4, 2020 the Second District Appellate Court held that sections 16 and 19(l) of the Workers’ Compensation Act do not provide statutory authority for the award of attorney fees and penalties against an employer who unreasonably delayed authorizing surgery for an employee injured on the job.

An amendment adopted by the Workers’ Compensation Commission implementing Public Act 100-1117 creates requirements for the inclusion of information in a payer’s explanation of benefits.

Claimant filed for workers’ compensation benefits for a knee injury he sustained when working as a sous-chef for his employer.

The Illinois House proposed a bill that would limit attorney's fees that are allowable in a worker's compensation case, but not across the board.

New regulations by the Illinois Department of Insurance require policyholders with a large deductible to fully collateralize their obligations under the agreement.

The Workers' Compensation Commission revised their regulations regarding the procedures by which interested persons may inspect or request copies of the Commission's public records to match corresponding changes in the FOIA legislation.

Plaintiff was seriously injured while working on a construction project for the defendant, Panduit Corporation.

The Workers' Compensation Commission rolled out several amendments to their regulations at the end of November, including the adoption of a new part to implement the use of an electronic database to increase the effectiveness and efficiency of the Commission.

The Fourth District Appellate Court affirmed an arbitration decision against the claimant who argued on appeal that the Illinois Workers' Compensation Commission's review erred in...

The First District Appellate Court, Workers' Compensation Division, affirmed a workers' compensation claim in favor of the claimant after three years of appeals by the employer.

On November 4, 2015, the Illinois Supreme Court held that an employee cannot bring an action against an employer outside the Workers' Compensation Act, 820 ILCS 305/1, or the Workers' Occupational Diseases Act ("WODA"), 820 ILCS 310/1, when the employee's disease first manifests after the expiration of time limitations under those acts ("Acts").

A new subpart was adopted under Title 50 to carry out section 8.2a of the Worker's Compensation Act (820 ILCS 305/8.2a) and implement standardized electronic claims for payment of medical services by employers and insurers.

As of October 31, 2014, the Department of Insurance now requires that companies file their workers' compensation documents and rate information electronically through the System for Electronic Rate and Form Filing ("SERFF").

The Workers' Compensation Act is amended to alter the circumstances under which an injured employee may seek damages from a service organization associated with the employer, his insurer, or his broker.

On December 6, 2012, the Illinois Appellate Court, Fourth District, held that a contractor could reasonably foresee that an employee would stay at a motel close to a job site when their home was 200 miles away, and thus the employee's injury while traveling from the motel to the worksite arose in the course of his employment for workers' comp purposes.

On October 12, 2012, the first district appellate court held that a borrowing employer's workers' compensation insurer had no obligation to repay the Illinois Insurance Guaranty Fund ("Fund") for disbursements the Fund made to an injured employee when the lending employer's workers' compensation insurer became insolvent.

On May 18, 2012, the first district of the Illinois Appellate Court clarified the meaning of a "service organization" as defined in section 5(a) of the Workers' Compensation Act's ("Act") exclusive remedy provision (820 ILCS 305/5(a)).

The mailbox rule does not apply when determining whether the 20-day requirement for commencing an action under section 19(f)(1) of the Workers' Compensation Act is met.

An employer may not offset a benefits award with an excess credit under § 19(g) of the Illinois Workers' Compensation Act, according to a February 2, 2012 Illinois Appellate Court ruling.

An injured employee cannot recover additional tort damages beyond the exclusive remedy of the Workers' Compensation Act merely because the defendant employee leasing company failed to comply with the registration requirement of the Employee Leasing Company Act, according to the fifth district appellate court.

On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).