Articles From Michael A. Moore | Illinois State Bar Association

First District Appellate Court holds that specific reservation of workers’ compensation lien in settlement contract not required for lien to be enforceable By Michael A. Moore Workers’ Compensation Law, December 2006 An August 30, 2006, decision from the Illinois Appellate Court’s First District in the case of James Gallagher v. Lenart, No. 1-06-0065WC (2006 WL 2506210), held that an employer does not have to specifically reserve its workers’ compensation lien right in a workers’ compensation settlement agreement in order for that lien to be enforceable, and specifically rejected the reasoning of the Fourth District Appellate Court’s decision in Borrowman v. Prastein, 356 Ill.App.3d 546, 826 N.E.2d 600 (4th Dist. 2005).

Illinois Appellate Court holds injury at company picnic not compensable when there was no penalty for non-attendance By Michael A. Moore Workers’ Compensation Law, September 2006 A July 12, 2006, decision from the Illinois Appellate Court’s First District in the case of William Gooden v. The Industrial Commission, 2006 WL 1913879, denied compensation to an employee injured while participating in recreational activities at a company picnic pursuant to Section 11 of the Illinois Workers’ Compensation Act.

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