Section Newsletters

Articles From Brad L. Badgley

Truck Driver Who Suffers Ankle Injury Entitled to Wage Differential Award Rather than PPD Benefits: Walsh v. IWCC By Brad L. Badgley Workers’ Compensation Law, April 2024 A discussion of the factors considered during a dispute about a petitioner’s capability to return to work in Walsh v. IWCC
What Is Needed to Prove Odd-Lot Permanent Total Disability By Brad L. Badgley Workers’ Compensation Law, April 2022 If an employee’s disability is limited and it is not obvious that the employee is unemployable, the employee may nevertheless demonstrate an entitlement to permanent total disability by proving that he or she fits within the odd-lot category.
With Respect to PPD Award, the ‘Future Earning Capacity’ Factor Under Section 8.1b(b)(iv) of the Act Does Not Require the Commission to Consider Non-Employment Related Income By Brad L. Badgley Workers’ Compensation Law, November 2020 In City of Peoria v. Illinois Workers’ Compensation Commission, et al., the appellate court examined whether the “future earning capacity” factor under section 8.1b(b)(iv) of the Illinois Workers' Compensation Act requires consideration of non-employment related income.
‘Estate of Petitioner’ is Not a Proper Party in a Workers’ Compensation Proceeding By Brad L. Badgley Workers’ Compensation Law, 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.
Reliability is the paramount concern: People v. Ernsting By Brad L. Badgley Bench and Bar, April 2018 When it comes to the administration of a breath test, the Illinois Supreme Court has emphasized reliability of the results is of paramount concern.
People v. Way: A defendant charged with aggravated DUI may raise the affirmative defense of sole proximate cause By Hon. Brad L. Badgley Bench and Bar, August 2017 A look at the effects of this recent Illinois Supreme Court case.
The Petrillo doctrine examined By Brad L. Badgley Bench and Bar, December 2016 In McChristian v. Brink, the Appellate Court for the First District, in a case of first impression, applied the Petrillo doctrine to a unique set of facts: where the defendant medical corporation designated a member of the corporation who was also one of plaintiff’s treating doctors as an expert witness on liability, damages and causation.

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