Section Newsletters

Articles From Dennis S. O’Brien

Circuit Court Stay of IWCC Proceedings Based on Primary Jurisdiction May Not Be Appropriate By Dennis S. O’Brien Workers’ Compensation Law, December 2019 It is somewhat rare for workers’ compensation appellate cases to involve stays of IWCC proceedings outside of bankruptcy proceedings, but as in West Bend Mutual Insurance Co. v. TRRS Corp., they can and do occur.
Section 5(b) liens will not be deemed waived in third party actions absent very specific contractual language between the parties By Dennis S. O’Brien Workers’ Compensation Law, September 2018 In Timothy Cooley v. Power Construction Company, LLC, the court ruled that absent clear and specific language in an agreement involving defense and indemnification of general contractors by sub-contractors stating that an employer’s Section 5(b) workers’ compensation lien is waived, the lien will not be deemed waived.

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