Section Newsletters

Articles on Workers Compensation

Claimant Can Receive Benefits Under Sections 8(e)18 and 8(d)2 of the Workers Compensation Act By Gregory S. Keltner Workers’ Compensation Law, December 2024 In The American Coal Company v. Illinois Workers’ Compensation Commission, 2024 IL App (5th) 230815WC-C, the Workers’ Compensation Commission Division of the Appellate Court affirmed the Commission’s decision that a claimant who is entitled to benefits under Section 8(e)(18) for the loss of both hands, both arms, both feet, both legs, both eyes, or any combination of the two may also receive benefits under Section 8(d)(2) for injuries to non-scheduled body parts.
Editor’s Note By Alexis P. Ferracuti Workers’ Compensation Law, December 2024 A note from the editor.
Teen Lifeguard Entitled to Award Despite Lack of Knowledge of Pool Rule Leading to His Injury: City of Mascoutah v. IWCC By Avery TenEyck & Margie Komes Putzler Workers’ Compensation Law, December 2024 City of Mascoutah v. IWCC discusses the personal comfort doctrine, whether a violation of a safety rule takes a claimant out of the scope of employment, and whether the employer acquiesced to the violation of the safety rules. 
City of Aurora v. Illinois Workers’ Compensation Commission By Howard Ankin Workers’ Compensation Law, April 2024 An analysis of Sisbro’s continued effect on the causation standard in City of Aururo v. IWCC
Editor’s Notes By Tim O’Gorman Workers’ Compensation Law, April 2024 An introduction to the issue from one of the co-editors.
Masters v. IWCC: Appellate Court Affirms IWCC Taking Away Award on Credibility Grounds Despite No Evidence Offered by Respondent By Chris Williams Workers’ Compensation Law, April 2024 A petitioner’s credibility may have an impact on a trial and appellate outcome. 
Truck Driver Who Suffers Ankle Injury Entitled to Wage Differential Award Rather than PPD Benefits: Walsh v. IWCC By Brad L. Badgley Workers’ Compensation Law, April 2024 A discussion of the factors considered during a dispute about a petitioner’s capability to return to work in Walsh v. IWCC
Walter Kohut v. IWCC: Law of the Case Argument Falls Flat By Matteo Rago Workers’ Compensation Law, April 2024 An analysis Walter Kohut v. IWCC, an opinion involving a 19(h) petition for increased disability.
Appellate Court Confirms That Caterpillar Tractor Employment-Related Acts Analysis Is Not Applicable for Idiopathic Falls By Olga Beznashchuk Workers’ Compensation Law, December 2023 In Juarez v. Illinois Workers’ Compensation Comm’n, the appellate court analyzed the issue of causation in the context of an idiopathic fall.
Harrah’s Illinois Corporation v. Illinois Workers’ Compensation Comm’n: Down the Rabbit Hole to Consider Issues of Properly Perfecting a Review and Determining Manifest Weight By Rick Turner Workers’ Compensation Law, December 2023 A summary and analysis of Harrah’s Illinois Corp. v. Illinois Workers' Compensation Comm'n.
How Do You Prove Entitlement to a Section 8(E)17 Credit? An Analysis of Bowen v. IWCC By Michelle D. Porro Workers’ Compensation Law, December 2023 A summary and analysis of Bowen v. Illinois Workers' Compensation Comm'n.
Appellate Court Affirms the Decision of the Commission Finding That the Decision Was Not Against the Manifest Weight of the Evidence By Tammy A. Paquette Workers’ Compensation Law, September 2023 A summary and analysis of Durable Packaging v. Illinois Workers’ Compensation Comm'n.
Where a Claimant Worked Purely on a Voluntary Basis, the Appellate Court Held That She Failed to Prove That She Was an Employee By Kenneth M. Lubinski Workers’ Compensation Law, September 2023 Where a claimant worked purely on a voluntary basis as a pilot for a skydiving center in order to accumulate flight hours with no expectation of payment or future employment, the appellate court held that she failed to prove that she was an employee and denied liability under the Illi-nois Workers’ Compensation Act. 
The Court May Affirm Commission Decision if There Is Any Legal Basis in the Record to Sustain It By Jack Linn Workers’ Compensation Law, July 2023 In Chicago Board of Education v. Illinois Workers’ Compensation Comm’n, a teacher in Chicago sustained injury when she fell down a flight of stairs after clocking out of work.
Employco USA v. Workers’ Compensation Comm’n Calculating Wage Rates Where the Petitioner Only Worked a Few Days By Joseph K. Guyette Workers’ Compensation Law, July 2023 Employco USA, Inc. v. Illinois Workers' Compensation Comm’n addresses the proper method for calculating average weekly wages for an employee who worked for a relatively short period of time.
It’s All in the Details: Proving Accident and Causation in a Repetitive Trauma Case By Gregory S. Keltner Workers’ Compensation Law, July 2023 In a recent Rule 23 decision, the appellate court considered the issues of accident, causation, and the manifest weight standard of review in the context of a repetitive trauma claim.
‘Parking Lot Exception’ Secures Favorable Compensability Finding for Claimant By Nathan Lanter Workers’ Compensation Law, July 2023 Flossmoor School District #161 v. Illinois Workers’ Compensation Comm’n applies the “parking lot exception” to the “arising out of the employment” analysis in confirming a favorable Commission determination of compensability.
Appellate Court Affirms Commission Decision to Award Section 8(d)2 Person-as-a-Whole vs. Section 8(d)1 Wage Differential for Carpenter Provided With Accommodated Work By Mark Jeep Workers’ Compensation Law, March 2023 The Workers’ Compensation Division of the appellate court recently ruled on issues concerning penalties and fees, section 8(j) credits for medical expenses, appellate procedure, and the proper analysis of wage differential claims.
If You Claim a Credit, You Need to Prove It By Herb Franks & Rebecca Lamm Workers’ Compensation Law, March 2023 The appellate court recently issued a stern warning to employers reminding that credit against an award is the exception rather than the general rule, and it is the employer’s burden to conclusively prove its entitlement to credit.
The ‘Manifest Weight’ Squashes Respondent’s Appeal: FCN, Inc. v. IWCC By Joshua A. Humbrecht Workers’ Compensation Law, March 2023 A summary and analysis of Final Call, Inc., a/k/a FCN Publishing v. Illinois Workers' Compensation Comm'n.
Utilization Reviews: Needed? Wanted? Weight? By Suzanne Nyhan Workers’ Compensation Law, March 2023 A summary and analysis of Montgomery v. Illinois Workers’ Compensation Comm'n.
Collateral Estoppel, Consolidation of Cases, and the Importance of Explaining Changes on an MRI By Alexis Ferracuti Workers’ Compensation Law, November 2022 Collateral estoppel is a principle most of us have not considered in our normal workers’ compensation practice since law school, but recently an appellate court decision answered the question of collateral estoppel in a consolidated workers’ compensation claim.
Cummings v. IWCC and Sua Sponte Exclusion of Evidence By Jim Babcock Workers’ Compensation Law, November 2022 Cummings v. IWCC arose out of a denial of benefits in an occupational exposure claim.
Development of Technology and Younger Attorneys By Edward Wasilewski Young Lawyers Division, November 2022 With the advancements of technology, younger attorneys, who tend to be skilled in technology, may have an advantage over their older coworkers.
Firefighter Proves Entitlement to Benefits Under the Occupational Disease Act By Anita M. DeCarlo Workers’ Compensation Law, November 2022 In City of Springfield v. IWCC, a firefighter sought benefits under the Occupational Disease Act for kidney cancer.
No Hoots Given for Employee Who Fell in the Parking Lot After Traveling to Another Worksite While Her Own Site Was Under Construction By Derek Dominguez Workers’ Compensation Law, November 2022 In Brooke Hoots v. Illinois Workers’ Compensation Comm'n & Dollar General, an arbitrator determined that the injuries sustained by a petitioner who fell in a parking lot that was adjacent to her workplace were not compensable because they did not arise out of and in the course of her employment.
To Be or Not to Be an Employee? By Robert J. Finley Workers’ Compensation Law, November 2022 In Tile Roofs, Inc. v. The Illinois Workers’ Compensation Comm’n, et al., the appellate court decided the determinative factors of an employee-employer relationship under a manifest weight of the evidence standard.
50th Anniversary of the Report of the National Commission on State Workmen’s Compensation Commemorated at ABA TIPS Mid-Winter Workers’ Compensation Conference By James M. Gallen Workers’ Compensation Law, August 2022 This year marks the 50th anniversary of the National Commission on State Workmen’s Compensation Laws.
Editor’s Notes By Candice E. Drew Workers’ Compensation Law, August 2022 An introduction to the issue from the editor.
McDonald’s v. Illinois Workers’ Compensation Comm’n: Appellate Court Upholds Penalties Against Respondent for Disputing a Triable Issue of Fact By Timothy J. O’Gorman Workers’ Compensation Law, August 2022 In McDonald’s v. Illinois Workers’ Compensation Comm’n, the appellate court affirmed the Illinois Workers' Compensation Commission's finding in favor of the petitioner on issues of accident, notice, causation, reasonableness and necessity of medical bills, and the award of penalties against the respondent.

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