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Articles on Workers Compensation

Illinois Courts Remain Inflexible When It Comes to Employment Risks By Scott R. Hall Workers’ Compensation Law, January 2021 In Flex-N-Gate Logistics v. Illinois Workers’ Compensation Commission, et al., the petitioner truck driver, alleged that he injured his cervical spine, right arm, and left knee while walking up a set of stairs at his employer’s premises.
‘Mental-Mental’ Injuries Found Compensable Under a Manifest Weight Standard By Mallory Zimet Workers’ Compensation Law, January 2021 In a recent Rule 23 decision, the appellate court found that the Illinois Workers' Compensation Commission’s determination that the petitioner suffered a sudden, severe emotional shock traceable to a definite time, place, and cause that resulted in a psychological injury was not against the manifest weight of the evidence.
Stay on Workers’ Compensation Proceedings by Circuit Court Relying on the Doctrine of Primary Jurisdiction Was Improper By Tammy A. Paquette Workers’ Compensation Law, January 2021 A summary and analysis of West Bend Mutual Insurance Co. v. TRRS Corp.
What Are the Risks a Claimant Takes When He Refuses a Light Duty Job Offer? By Katlyn Rowe-Brasel Workers’ Compensation Law, January 2021 A case summary and analysis that explores the risks claimants take in refusing a light duty job offer.
What to Do When a Court Inequitably Applies an Equitable Doctrine? By Kurst Niermann Workers’ Compensation Law, January 2021 Armstead v. National Freight is a case that demonstrates the  damage settlement language can cause for collateral claims.
City of Springfield v. I.W.C.C., 2020 IL App (4th) 190817 WC-U By Matteo Rago Workers’ Compensation Law, November 2020 A summary and analysis of City of Springfield v. I.W.C.C., which addresses the following three questions: (1) what is required to provide an employer with notice of a work-related accident within 45 days; (2) what constitutes a work-related accident; and (3) whether claimant suffered a workplace injury.
McCallister v. The IWCC: The Supreme Court of Illinois’ Extension of Injuries That ‘Arise Out Of’ a Petitioner’s Employment and a Departure From the Traditional Adcock Analysis By Paul E. H. Rademacher & Joshua A. Humbrecht Workers’ Compensation Law, November 2020 A summary and analysis of Kevin McCallister v. The Illinois Workers’ Compensation Commission, in which the Illinois Supreme Court considered the compensability of a knee injury a sou chef suffered while employed at a Chicago restaurant.
Two Cases Involving Appellate Court Jurisdiction-Appellant Beware By Michael A. Rom Workers’ Compensation Law, November 2020 Within a month, the appellate court issued two decisions in which they found they lacked jurisdiction to hear an appeal, both of which serve as a reminder to practitioners to only appeal a final award.
Warning to Respondents: Beware the Claimant Who Waits to Proceed to Hearing By Nathan Lanter Workers’ Compensation Law, November 2020 The American Coal Company v. Illinois Workers’ Compensation Commission provides a cautionary tale for respondents faced with a claimant who is denied temporary total disability benefits and recommended medical treatment, but waits a considerable amount of time before proceeding to a section 19(b) hearing.
1 comment (Most recent December 9, 2020)
With Respect to PPD Award, the ‘Future Earning Capacity’ Factor Under Section 8.1b(b)(iv) of the Act Does Not Require the Commission to Consider Non-Employment Related Income By Brad L. Badgley Workers’ Compensation Law, November 2020 In City of Peoria v. Illinois Workers’ Compensation Commission, et al., the appellate court examined whether the “future earning capacity” factor under section 8.1b(b)(iv) of the Illinois Workers' Compensation Act requires consideration of non-employment related income.
Claimant Is Unable to Prove That Employer Knowingly Failed to Provide Workers’ Compensation Coverage on Accident Date By Candice E. Drew Workers’ Compensation Law, August 2020 In American Kitchen Delights, Inc., v. Illinois Workers’ Compensation Comm’n, the appellate court reversed the lower court's decision, holding that the respondent knowingly failed to comply with insurance mandates in the Workers' Compensation Act.
Does the Borrowing Employer Always Receive the Benefits of the WCA By Richard D. Hannigan Workers’ Compensation Law, August 2020 A summary of Jaime Quintana v. Ferrara Candy Co., a Rule 23 case involving a personal injury claim for negligence.
Strict Compliance Is Alive and Well With Regard to Timely Filing of Petition for Judicial Review and Notice of Intent to File for Review By Gregory S. Keltner Workers’ Compensation Law, August 2020 In two recent Rule 23 decisions, the appellate court ruled that strict compliance with section 19(f)(1) of the Workers’ Compensation Act is necessary to vest the circuit court with jurisdiction where the appellant seeks review of a Commission decision.
A Tale of Two Cases and Stolen Identity By Cameron B. Clark Workers’ Compensation Law, August 2020 A summary and analysis of Centeno v. Illinois Workers’ Compensation Comm’n.
When a Final Settlement Is Not the End of the Story: What Authority Does the Commission Have to Enforce the Provisions of an Approved Settlement Contract? By Brent R. Eames Workers’ Compensation Law, August 2020 Recently, in Mitelsztet v. Illinois Workers’ Compensation Comm'n, et al., the appellate court issued a Rule 23 decision which provides some guidance for what the Commission can and cannot do when it comes to handling disputes following the “resolution” of a case.
Dramatic Expansion of Illinois Workers’ Compensation Rights Leads to Injunction, Nullification, and Likely Governor Action By Brian A. Rosenblatt Insurance Law, June 2020 An analysis of the April 2020 amendments to the Illinois Workers' Compensation Act.
Appellate Jurisdictional Issues Involving Non-Final/Interlocutory Orders: What Are They and How Can We Avoid Them? By Brad Elward Workers’ Compensation Law, May 2020 In Montgomery v. Illinois Workers’ Compensation Comm’n, an appeal from a circuit court order based on a lack of jurisdiction was dismissed.
Bad Dates: Inconsistent Date of Injury Reporting Leads to Denial of Benefits By Timothy J. O’Gorman Workers’ Compensation Law, May 2020 In Gonzalez v. Illinois Workers’ Compensation Comm'n, the Commission's decision to deny benefits to a claimant on the basis of a lack of accident when that claimant’s credibility is questioned by his inconsistent reports of a date of accident was affirmed.
Examining the Manifest Weight Standard on Appeal: Air Wisconsin v. IWCC – 2018 L 50342 By Jack Linn Workers’ Compensation Law, May 2020  A look at a case involving six separate injuries from September 15, 2006, through February 11, 2010, and manifest weight of the evidence.
A Fall Is a Fall, But Is It Compensable? By Herb Franks Workers’ Compensation Law, May 2020 In a recent Supreme Court Rule 23 opinion, the appellate court denied a worker’s claim for benefits because she failed to prove that there was a defective condition on the employer’s premises which caused her injury.
Justin O’Neil v. IWCC, or Hollywood Casino Redux By Markham M. Jeep Workers’ Compensation Law, May 2020 A look at a case involving the denial of penalties for failure to authorize treatment.
Lessons Learned By Christine M. Ory Workers’ Compensation Law, May 2020 Reflections of a practicing workers’ compensation attorney turned arbitrator.
The Mere Word of Petitioner Is Not Always Sufficient Proof of an Accident By Joann M. Fratianni Workers’ Compensation Law, May 2020 In Jaysen Hamann v. Illinois Workers’ Compensation Comm'n et. al., the petitioner was denied benefits for lack of credibility.
Seeing Double: The Inextricably Intertwined Case(s) of Mr. Centeno a/k/a Mr. Morales By Robert J. Finley Workers’ Compensation Law, May 2020 A discussion of a case wherein there was a final award on a 19(b) hearing that came to be heard again on a subsequent 19(b) hearing.
Cat Express v. Robert Muriel, et al., 2019 IL App (1st) 1181851 By Matteo Rago Workers’ Compensation Law, April 2020 A summary of Cat Express v. Robert Muriel, et al., which addresses the authority of the Department of Insurance to determine employment status disputes.
If a Claimant Is Offered Modified Duty Work Assignment Within His Medical or Physical Restrictions, Failure to Attempt to Return to Work Cuts Off a Claim for Benefits By Brad Badgley Workers’ Compensation Law, April 2020 In Patrick A. Wilkison, v. Illinois Workers’ Compensation Comm’n, et al., the appellate court examined whether a claimant improperly refused to return to work within his medical and physical restrictions.
Illinois Supreme Court Clarifies That Proceeds From a Workers’ Compensation Settlement Are Exempt From Claims by Medical Care Providers By Paul E.H. Rademacher & Joshua A. Humbrecht Workers’ Compensation Law, April 2020 A summary of the Illinois Supreme Court's decision in In re Elena Hernandez.
When Is a Final Order of the Circuit Court Not Final? By Howard H. Ankin Workers’ Compensation Law, April 2020 A summary of William A. Niekamp Truck Service, Inc. v. IWCC.
Accident During Commute Between Split Shifts Does Not Arise Out of and in the Course of Employment By Deborah A. Benzing Workers’ Compensation Law, February 2020 A summary of Harris-Williams v. Illinois Workers’ Compensation Comm’n, in which an injured worker claimed she was a traveling employee and, therefore, the personal comfort doctrine applied.
Failure to Raise Statute of Limitations Defense in Petition for Review and Statement of Exceptions Results in Waiver of Defense on Appeal By Brent R. Eames Workers’ Compensation Law, February 2020 A summary of Du Quoin Home Lumber v. Illinois Workers’ Compensation Comm'n, et al., which serves as an important reminder of the necessity of raising all disputed issues in the petition for review or in a timely statement of exceptions in order to preserve those issues for appeal.

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