Section Newsletters

Articles From Lawrence A. Scordino

When is concurrent employment – “gainful employment” for the purposes of Section 10 calculations? By Lawrence A. Scordino Workers’ Compensation Law, January 2018 The Appellate Court recently addressed the issue of concurrent employment and the computation of a claimant’s average weekly wage under Section 10 of the Act, in the case of Bagwell v. Illinois Workers’ Compensation Comm’n.
The interplay, if any, between a wage differential award and a total permanent award By Lawrence A. Scordino Workers’ Compensation Law, January 2017 A look at Chlada v. Illinois Worker’s Compensation Commission, 2016 Il. App (1st) 150122WC, July 8, 2016.
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Good faith third-party settlement and section 5(b) attorney fees on “suspended future medical payments” By Lawrence A. Scordino Workers’ Compensation Law, December 2015 A summary of Ronald Bayer v. Panduit Corporation and Area Erectors, Inc.
Does the Commission have jurisdiction to approve settlements in two out of three consolidated claims? By Lawrence A. Scordino Workers’ Compensation Law, February 2015 The strange little case of The Levy Company v. IWCC and Jorge Merlos arose when the claimant, Jorge Merlos filed two claims, for alleged 2003 and 2005 shoulder injuries. While those claims were pending, he returned to work with restrictions in 2007.
Is the refusal to participate in Respondent’s chosen multidisciplinary pain management program equal to an injurious practice under The Act? What, if anything, does that have to do with the issue of Causal Connection? By Lawrence A. Scordino Workers’ Compensation Law, August 2013 Clearly, the long line of cases from numerous jurisdictions regarding the inability of the Commission to force a claimant to undergo a specific treatment remains unbroken. The no benefits “unless and until” the treatment is finished approach was rebuffed by the Court in Bryon Kawa v. IWCC.
When is a “bonus” not really a bonus and included in the average weekly wage? When is “overtime” included? By Lawrence A. Scordino Workers’ Compensation Law, April 2012 The Illinois Appellate Court, First District, recently revisited the issue of the inclusion of bonus and overtime in the average weekly wage in Arcelor Mittal Steel, v. Illinois Workers’ Compensation Commission and Robert Common. The Court found that the Commission did not err in it’s inclusion of both “Production Bonuses” and “Scheduled Overtime” in the average weekly wage.

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