Section Newsletters

Articles From Deborah A. Benzing

Accident During Commute Between Split Shifts Does Not Arise Out of and in the Course of Employment By Deborah A. Benzing Workers’ Compensation Law, February 2020 A summary of Harris-Williams v. Illinois Workers’ Compensation Comm’n, in which an injured worker claimed she was a traveling employee and, therefore, the personal comfort doctrine applied.
When determining whether an employee is entitled to permanency pursuant to Section 8(d) (2) or alternatively pursuant to 8(d) (1), the crucial issue is whether the claimant has suffered an impairment of earning capacity By Deborah A. Benzing Workers’ Compensation Law, July 2016 A look at the issues involved in Jackson Park Hospital v. The Illinois Workers’ Compensation Commission.
Illinois employers can demand drug and alcohol testing and avoid losing a retaliatory discharge claim so long as the policy is applied in a non-discriminatory manner By Deborah A. Benzing Workers’ Compensation Law, May 2014 The Jeff Phillips v. Continental Tire The Americas, LLC decision affirms employers’ rights to drug and alcohol testing in Illinois and specifically reiterates that such testing is not against public policy.
Illinois employers can demand drug and alcohol testing and avoid losing a retaliatory discharge claim so long as the policy is applied in a non-discriminatory manner By Deborah A. Benzing Labor and Employment Law, May 2014 The Jeff Phillips v. Continental Tire The Americas, LLC decision affirms employers’ rights to drug and alcohol testing in Illinois and specifically reiterates that such testing is not against public policy.
Traveling employee By Deborah A. Benzing & Anita M. DeCarlo Workers’ Compensation Law, January 2014 On December 19, 2013, the Illinois Supreme Court issued its Decision in The Venture-Newberg-Perini, Stone & Webster v. the Illinois Workers’ Compensation Commission, a highly anticipated decision addressing the traveling employee doctrine.
What are the duties and obligations of the parties with respect to initiating vocational rehabilitation? By Anita M. DeCarlo & Deborah A. Benzing Workers’ Compensation Law, September 2012 As is evidenced by the contradicting case law detailed in this article, there are many unanswered questions with respect to vocational rehabilitation.
Edward Don Co. v. Industrial Commission By Deborah A. Benzing Workers’ Compensation Law, March 2004 In the recent decision of Edward Don Company v. The Industrial Commission, 344 Ill. App.3d 643, 801 N.E.2d 18 (2003), the appellate court held that the petitioner's overtime earnings were properly excluded from the average weekly wage calculation.

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