Section Newsletters

Articles From William R. Gallagher

A view from the bench By William R. Gallagher Workers’ Compensation Law, October 2013 Arbitrator William Gallagher shares his insights.
Warning! Section 12 may be hazardous to your health and not compensable under the Act By William R. Gallagher Workers’ Compensation Law, June 2011 The recent case of Menard v. Illinois Workers’ Compensation Commission appears to determine that an injury in connection with a Section 12 examination is not compensable. However, a careful reading of that case indicates that it may not be the final adjudication of this issue.
Appeals from the Commission to the Circuit Court—A potential procedural minefield By William R. Gallagher & Harry J. Nichols Workers’ Compensation Law, September 2010 The Esquivel v. Illinois Workers’ Compensation Commission decision teaches that when an appeal is taken from the Commission to the Circuit Court you must make absolutely certain that you (1) tender payment of the probable cost of the record to the Commission and (2) file either the receipt or the affidavit of payment with the Circuit Court at the time you file the request for summons.
Retaliatory discharge: Can a petitioner be fired? A look at Grabs v. Safeway, 2009 WL 1709570 (Ill. App. 1st Dist. 2009) By William R. Gallagher Workers’ Compensation Law, September 2009 Whether you represent petitioners or respondents, the termination of employment of an individual who has sustained a work-related injury is many times a very perplexing and difficult issue to address.
Section 12 Medical Examination Reports: Admissible as admission against interest? By William R. Gallagher Workers’ Compensation Law, September 2008 For those of us who represent employees in workers’ compensation cases, it has been a common practice to have the employer or workers’ compensation insurer obtain a Section 12 examination by a physician of their choosing, the primary purpose of which is to obtain an expert medical opinion as to what might be one or more disputed issues, namely, is the employee still temporarily totally disabled; is there a medical causal relationship between the accident or repetitive trauma and the condition in question; is additional medical care/treatment necessary, etc.
Illinois jurisdiction By William R. Gallagher Workers’ Compensation Law, December 2006 The Illinois Workers’ Compensation Act contains a provision which defines the term “employee.” Included as part of this definition of “employee,” the Act provides a basis for Illinois jurisdiction.

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