A $1 contract cost insurance carrier $37,500By Cameron B. ClarkWorkers’ Compensation Law, March 2005In Sheppard v. Rebidas, 820 N.E.2d 1089, 290 Ill.Dec. 22 (1st Dist. 2004), the Illinois Appellate Court in a decision issued by Justice Greiman, addressed the issue of Section 5(b) lien rights relative to three unconsolidated claims.
Beware of stipulationsBy Cameron B. ClarkWorkers’ Compensation Law, March 2005In Walker v. Illinois Industrial Commission, 345 Ill.App.3d 1084, 804 N.E.2d 135 (4th Dist., 2004), the Illinois Appellate Court, in a decision delivered by Justice McCullough, addressed the issue as to whether or not the information contained on the Industrial Commission Request for Hearing form is binding upon the parties.
Can an 8(d)1 award be modified?By Arnold G. RubinEducation Law, March 2005In Cassens Transport Company v. Illinois Industrial Commission, 2005 WL 95714 (4th Dist., I.C. Div., 2005), the Illinois Appellate Court, in a decision delivered by Justice McCullough, with a concurring opinion by Justice Holdridge, addressed the vexing issue as to whether or not a final award under Section 8(d)1 may be modified in a subsequent proceeding at the Illinois Industrial Commission.
The contract for hire: Is it the exclusive test for determining jurisdiction?By Cameron B. ClarkWorkers’ Compensation Law, March 2005The First District Appellate Court addressed the issue as to whether the site of the contract for hire is the exclusive test for determining the applicability of the Illinois Workers' Compensation Act to persons whose employment is outside of the state of Illinois where the contract for hire is made within Illinois.
Pre-trial discovery: Is it available for workers’ compensation claims?By Arnold G. RubinWorkers’ Compensation Law, March 2005The Second District Appellate Court addressed the issue as to whether a claimant in a workers' compensation claim could obtain a surveillance videotape from an employer prior to commencing the Industrial Commission proceeding through an equitable bill of discovery filed in the Circuit Court of DuPage County.
Three post-surgical auto accidents failed to break causal connection chainBy Arnold G. RubinWorkers’ Compensation Law, March 2005In Vogel v. Illinois Workers' Compensation Commission, 2005 WL 42748, (Ill.App. 2nd Dist. 2005), the Illinois Appellate Court, in a decision issued by Justice Callum, addressed the issue of medical causal relationship in light of three automobile accidents subsequent to surgery.
Are you covered? An analysis of Lenny Szarek, Inc. v. Maryland Casualty Co.By Peter J. StavropoulosWorkers’ Compensation Law, December 2004This recent First Division Appellate Decision, issued on September 27, 2004, deals with the issue of how territoriality provisions of a workers' compensation insurance policy can impact coverage of workers' compensation claims.
Certification of hospital recordsBy Carol A. CesarettiWorkers’ Compensation Law, December 2004National Wrecking v. Industrial Commission, establishes that certification of hospital records is the bare minimum procedural requirement for proper admission under Section 16 of the Act if the parties do not stipulate to the admission of such records.
“Increased risk” as analyzed by the 5th DistrictBy Carol A. CesarettiWorkers’ Compensation Law, December 2004In Nascote Industries v. Industrial Commission, 2004 Ill.App. LEXIS 1326 5-03-0706WC (5th Dist. 2004) the 5th District distinguished Caterpillar Tractor in its analysis of what constitutes "increased risk."
IntroductionWorkers’ Compensation Law, December 2004This issue has been prepared by our Co-Editor, Carol A. Cesaretti of Brady, Connolly and Masuda.
Retaliatory dischargeBy Carol A. CesarettiWorkers’ Compensation Law, December 2004In Kevin C. Carter v. Tennant Company, 383 F.3d 673 (7th Cir, 2004), the Seventh Circuit held that because Carter was dishonest in filling out the "Health History Questionnaire" portion of his application that inquired about his prior work-related injuries and medical care, Tennant had a valid, non-pretextual reason to discharge him.
A valued investigationBy Carol A. CesarettiWorkers’ Compensation Law, December 2004In Robert Ross v. Entenmann's Bakery and Industrial Commission of Illinois, 2004 Ill.App. LEXIS 1246, the First District affirmed the Commission's decision holding that the claimant failed to prove an accidental injury arising out of and in the course of his employment.
Industrial Commission newsWorkers’ Compensation Law, September 2004On January 1, 2005, the Industrial Commission will change its name to the Illinois Workers' Compensation Commission.
Recent casesWorkers’ Compensation Law, September 2004Litchfield Healthcare Center v. The Industrial Commission, 349 Ill.App.3d 486, 812 N.E.2d 401, 285 Ill.Dec. 581, involved an employee who was a certified nursing assis Litchfieldtant.
The Industrial Commission must determine who the aggressor wasBy Michelle D. PorroWorkers’ Compensation Law, June 2004Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
What constitutes a valid appointment as a commissioner?By Michelle D. PorroWorkers’ Compensation Law, June 2004The appellate court tackled this question in Sleeter v. Industrial Commission. No. 4-02-1044 WC. The first issue brought by this claim is simply a manifest weight of the evidence argument regarding accident.
When is a circuit court order final and appealable?By Michelle D. PorroWorkers’ Compensation Law, June 2004Where the Arbitrator and Industrial Commission find that the Petitioner is entitled to TTD, medical and an award of PPD equal to 45 percent maw, and the circuit court reverses and remands for a finding consistent with its opinion that the Petitioner is permanently and totally disabled, the circuit court's order is interlocutory and an appeal can not be perfected to the appellate court until after the claim has been heard on remand by the Industrial Commission.
Acceptance of unsolicited workers’ compensation benefits does not bar common law actionBy Stephen G. BaimeTort Law, May 2004The recent case of Wren v. Reddick Community Fire Protection District, 337 Ill. App. 3d 262, 785 N.E.2d 1052, 271 Ill. Dec. 858 (2003), held that the injured plaintiffs could proceed with a third-party claim in court even though they accepted workers' compensation benefits and filed a workers' compensation claim against the defendant.
Clerical error. When is the proper time to file a Review?By Richard D. HanniganWorkers’ Compensation Law, March 2004The appellate court seems to deal with this issue once every four years. In Diane Schultz v Forest Preserve District of Cook County, 1-02-2860 WC filed by the First District Appellate Court, Industrial Commission Division revisited that issue.
Commission newsBy Richard D. HanniganWorkers’ Compensation Law, March 2004Updates of interest to workers' comp law practitioners.
Edward Don Co. v. Industrial CommissionBy Deborah A. BenzingWorkers’ Compensation Law, March 2004In the recent decision of Edward Don Company v. The Industrial Commission, 344 Ill. App.3d 643, 801 N.E.2d 18 (2003), the appellate court held that the petitioner's overtime earnings were properly excluded from the average weekly wage calculation.
Five things you should know about the Commission’s review levelBy Jackie KinnamanWorkers’ Compensation Law, March 2004There is really only one thing you need to know to be effective in representing your clients on Review before the Industrial Commission: the brief is crucial.
IntroductionWorkers’ Compensation Law, March 2004This newsletter should be retained by every lawyer practicing before the Industrial Commission as a part of their trial notebook.
Mores Harvey, a parking lot slip and fallBy Anita M. DeCarloWorkers’ Compensation Law, March 2004The most recent "parking lot" case to be decided is Janice Mores-Harvey v. Industrial Commission (3-03-0081WC).
When filing a summons for the employer, make sure the principal signs the bondBy Richard D. HanniganWorkers’ Compensation Law, March 2004In Freedom Graphic Systems, Inc. v. Industrial Commission, the appellate court addresses the issue of whether section 19(f) requires "strict compliance" when a bond is filed with the circuit court but unsigned.
Basic workers’ compensation law for local governmentsBy Daniel S. WellnerLocal Government Law, December 2003Approximately 60 percent of any municipality's liability dollars are spent to pay workers' compensation benefits to injured employees.
Commission NewsBy Richard D. HanniganWorkers’ Compensation Law, December 2003Updates from the Illinois Industrial Commission.
Mechanical Devices v. Industrial CommissionBy James W. Stevenson, Jr.Workers’ Compensation Law, December 2003A summary of the case of Mechanical Devices v. Industrial Commission.
Reconciling the heart attack cases IIBy James W. SpringerWorkers’ Compensation Law, December 2003This article updates all heart attack decisions by the Illinois appellate courts and Supreme Court since the author's 1997 article.