Street risk or positional risk?
By Bradford J. Peterson
Workers’ Compensation Law,
March 2008
Issues of compensability for claims of traveling employees often involve a distinct analysis as compared to other classes of employees. The recent case of Potenzo v. Illinois Workers’ Compensation Commission created a further distinction, not just as to traveling employees, but further applied a concept of positional risk for traveling employees subject to an assault.
Concurrent employment
By Bradford J. Peterson
Workers’ Compensation Law,
September 2003
In Flynn v. Industrial Commission, the claimant worked during the summer months as a truck driver for an asphalt company, but was injured while employed by Utica Township to clear snow during the winter.
Handling Medicare issues in workers’ compensation claims
By Bradford J. Peterson
Workers’ Compensation Law,
September 2003
For the last several years, a flurry of activity has arisen regarding the federal government's enforcement of the Medicare Secondary Payor Statute 42 USC §1395y(b) (hereinafter MSP).
Unexplained/idiopathic falls
By Bradford J. Peterson
Workers’ Compensation Law,
September 2003
In Builders Square v. Industrial Commission, 791 N.E.2d 1308, 274 Ill.Dec. 897, decided by the Third District on June 24, 2003, the appellate court addressed the issue of proof necessary to support compensability of an unexplained fall
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