Section Newsletters

Articles on Workers Compensation

Petitioner Beware: Aggravation Versus Worsening of a Condition From a Prior Work Accident By Michael A. Rom Workers’ Compensation Law, February 2020 Hooten v. Illinois Workers’ Compensation Comm’n analyzed whether a new alleged injury was merely the manifestation of symptoms from a previously settled case or an aggravation of a pre-existing condition.
What Is Required to Prove Entitlement to Odd-Lot Permanent Total Disability Benefits By Monica J. Kiehl Workers’ Compensation Law, February 2020 In Barnett v. Illinois Workers’ Compensation Comm’n, the appellate court issued a Rule 23 order that set forth the burden a claimant must meet in order to show permanent and total disability or entitlement to benefits under an odd-lot theory of permanent total disability benefits.
Appeal Bond Required by Section 19(f)(2) of the Act Is Subject to the 20-Day Time Requirement That Governs the Process for Appealing a Workers’ Compensation Case to the Circuit Court By Jack M. Linn Workers’ Compensation Law, December 2019 A summary of Meijer v. IWCC, et al., which turned on the question of whether the bond required by Section 19(f)(2) is subject to the same 20-day time window as the rest of the circuit court appeals process.
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.
Employee Unsuccessful in Proving Retaliatory Discharge for Exercising His Rights Under the Illinois Workers’ Compensation Act By Candice E. Drew Workers’ Compensation Law, December 2019 A summary of Russell Matros v. Commonwealth Edison Co. and Exelon Corp., in which the plaintiff alleged that his termination was in response to him pursuing a workers’ compensation claim.
Is an Award of PPD to Be Paid in a Lump Sum or as It Accrues? By Richard D. Hannigan Workers’ Compensation Law, December 2019 A summary of Iannoni v. The City of Chicago, which involves the method of payment for an 8(d)2 award.
Multiple Accidents and Section 5(b): What Does the Employer Have to Prove to Recover? By Gregory S. Keltner Workers’ Compensation Law, December 2019 In Hunt v. Herrod, the third district appellate court found that an employer is not entitled to a lien pursuant to Section 5(b) of the Workers’ Compensation Act merely because it paid workers’ compensation benefits.
Traveling to and From Employer’s Premises in the Context of Slip and Fall Injuries By Richard D. Hannigan Workers’ Compensation Law, December 2019 As a general rule, when an employee slips and falls at a point off of the employer’s premises while traveling to and from work, the resulting injuries do not arise out of and in the course of the employment and are not compensable under the Act.
‘Estate of Petitioner’ is Not a Proper Party in a Workers’ Compensation Proceeding By Brad L. Badgley Workers’ Compensation Law, October 2019 In Illinois State Treasurer v.  Estate of Kormany, the circuit court's judgment was vacated and remanded to allow a personal representative of a deceased petitioner’s estate to be substituted as the proper party.
Filing Deadlines and Subject Matter Jurisdiction—How 19(f)(1) Plays It’s Role By Matteo Rago Workers’ Compensation Law, October 2019 A summary of Briana Conway v. Illinois Workers' Compensation Commission, which highlights the importance of a practitioner to adhere to a timely filing and strict compliance of the Workers’ Compensation Act.
How to Determine Whether an Injury Arises Out of Employment: McAllister v. IWCC, 2019 IL App (1st) 16274WC By Howard H. Ankin & Erin Seivers Workers’ Compensation Law, October 2019 A summary of McAllister v. Illinois Workers' Compensation Commission, which explores when an injury arises out of employment.
Rule 23 Decision Affirms Commission’s Insight, Denying Boilermaker’s Incredible, Uncorroborated Claim Involving 10-Ton Channel Head Installation at Refinery By Robert Finley Workers’ Compensation Law, October 2019 A summary of Edward Holmes, Jr. v. Illinois Workers’ Compensation Commission, in which the court affirmed the Commission's decision to deny benefits where the Commission's determination that the claimant failed to prove an accident arising out of and in the course of his employment was not against the manifest weight of the evidence.
The Appellate Court Is Not Afraid to Reverse the IWCC Based Upon Manifest Weight of the Evidence By Richard D. Hannigan Workers’ Compensation Law, September 2019 In a recent Rule 23 decision, the court held that when utilizing the manifest weight of the evidence standard, the test is whether the evidence is sufficient to support the Commission’s finding and not whether the opposite conslusion might be reached.
Further Clarification on the Law of the Case Doctrine: Jeffrey Grote v. Illinois Workers’ Compensation Commission By Erin Sievers Workers’ Compensation Law, September 2019 A summary of Jeffrey Grote v. Illinois Workers’ Compensation Commission.
If the Decedent Is Paid Cash and His Biological Child Is Adopted After Dis Death, Was He an Employee and Is That Child Entitled to the Death Benefit? By Richard D. Hannigan Workers’ Compensation Law, September 2019 In Ravenswood Disposal Service v. IWCC,  the court grappled with the issues of employer/employee, payment of medical expenses, and penalties under a manifest weight theory, as well the issue of the dependency of a child who was adopted by another after decedent’s accident under a question of law theory.
Loaned/Borrowed Employee and the Exclusive Remedy By Richard D. Hannigan Workers’ Compensation Law, September 2019 While some employers and insurance companies may bemoan the benefits afforded an injured worker they certainly benefit from sections 1(a)(4) and 5 of the Workers’ Compensation Act.
Appellate court affirms commission decision finding petitioner failed to prove his condition of ill-being was causally connected to his work place accident By Timothy C. Steil Workers’ Compensation Law, April 2019 The appellate court issued a Rule 23 decision in Lloyd Roberts v. Illinois Worker’s Compensation Comm’n.
Appellate court affirms denial of claim for injuries sustained in auto accident petitioner was involved in on her way to a follow-up doctor’s appointment for her work injury By Monica J. Kiehl Workers’ Compensation Law, April 2019 Gaytan v. Illinois Workers’ Compensation Comm’n reaffirms the fact-specific scenarios under which an employee is entitled to workers’ compensation benefits when injured traveling to or from a doctor's appointment.
Appellate court lacks jurisdiction to enforce workers’ compensation subpoena when enforcement has not been attempted via the IWCC By Jack Linn Workers’ Compensation Law, April 2019 A summary of Diahann Grasty v. Illinois Workers’ Compensation Comm’n.
Employers face new liabilities for latent injury cases under bill awaiting governor’s signature By Daniel L. Kelley Workers’ Compensation Law, April 2019 Illinois Senate Bill 1596 has been approved by the Illinois General Assembly and upon signing by the Governor will allow employees to file civil actions against employers for latent injuries.
Get to know the appellate court justices of the Workers’ Compensation Commission Division By Richard D. Hannigan Workers’ Compensation Law, April 2019 Biographies of Justice Thomas Hoffman and Hon. Donald C. Hudson.
Governor’s Pritzker’s commission appointments By Richard D. Hannigan Workers’ Compensation Law, April 2019 Recent appointments to the Illinois Workers' Compensation Commission.
Mergers & applications—Does the nature and extent of successive injuries merge? By Timothy O’Gorman Workers’ Compensation Law, April 2019 The appellate court has recently settled the question of whether benefits can be awarded concurrently under sections 8(e) and 8(d)1 of the Illinois Workers’ Compensation Act.
Appellate court awards wage differential benefits even after claimant returns to work for more than two years By Candice E. Drew Workers’ Compensation Law, December 2018 A summary of Red Door Spa Holdings v. Illinois Workers' Compensation Commission.
Appellate court lacks jurisdiction to review a workers’ compensation case where the circuit court’s decision is not final By Deborah Benzing Workers’ Compensation Law, December 2018 A summary of Cerro Copper v. Illinois Workers' Compensation Commission.
Appellate court reverses commission decision as against manifest weight of the evidence in finding in favor of award of “odd-lot” permanent total disability By Brent R. Eames Workers’ Compensation Law, December 2018 The appellate court issued a Rule 23 decision that provides excellent guidance for attorneys regarding the shifting burden in establishing permanent total disability under an odd-lot theory in Sam’s Club v. Illinois Workers' Compensation Commission.
Conflicting evidence dooms petitioner’s claim for repetitive trauma back injury By Guy R. Spayth, Jr Workers’ Compensation Law, December 2018 A summary of George Campbell v. Illinois Workers' Compensation Commission.
A petitioner injured on the job with an uninsured employer By Gina T. Panepinto Workers’ Compensation Law, December 2018 The Injured Workers’ Benefit Fund pays workers’ compensation benefits to Illinois workers whose employers have failed to provide insurance coverage as required by law and have failed to pay the benefits owed to them.
An analysis of In re Estate of Arnold Rexroad Sr. By Michelle D. Porro Workers’ Compensation Law, September 2018 The appellate court looked at whether a workers’ compensation carrier's misconduct can result in a forfeiture of their right to recovery under Section 5(b) of the Illinois Workers’ Compensation Act in In re Estate of Arnold Rexroad Sr.
The dreaded intervening act By Michael Rom Workers’ Compensation Law, September 2018 Gina Catalanello v. Illinois Workers’ Compensation Commission provides a good primer on how to both defend against claims of intervening acts and what is needed to pursue them as a defense.

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