Workers’ Compensation Law

The newsletter of the ISBA’s Section on Workers’ Compensation Law

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2001 Articles

Appellate court decisions By Kim E. Presbrey June 2001 On March 15, 2001, the appellate court issued a ruling on Ford Motor Company v. Industrial Commission, 319 Ill.App.3d 1099, 253 Ill.Dec. 602. Warren Schussler, the decedent, and co-worker James Porte battled a fire that broke out on the roof the paint building at the Ford plant on July 14, 1987.
Co-editor’s notes By Richard D. Hannigan March 2001 We all are waiting for the Industrial Commission to hire four new arbitrator's. It is the understanding of this editor that Central Management Services rejected the most recent arbitrator's examination and that they are working on a new one.
Computation of average weekly wage By Michael Evers October 2001 The correct computation of an injured worker's average weekly wage is critical to forecasting an employer's potential exposure and an employee's potential recovery.
Congratulations to our new Arbitrator! June 2001 Effective May 15, Dennis R. Ruth has been appointed as an Illinois Industrial Commission arbitrator.
Illinois Consolidated Telephone: The future of unexplained and idiopathic fall classifications By Lee Vasilatos & Anita M. DeCarlo March 2001 In the recent case of Illinois Consolidated Telephone Co. v. Industrial Commission, 314 Ill.App.3d 347, 732 N.E.2d 49 the claimant had left her work area on the first floor to use the only women's restroom which was located on the second floor.
Intentional infliction of emotional distress by vocational rehabilitation expert/insurance company By Richard D. Hannigan October 2001 On July 25, 2001, the Appellate Court, First District, issued a decision of Robin Senesac and Elizabeth Senesac vs. Employers Vocational Resources, Inc., CCM, Inc., d/b/a Creative Case Management, and State Farm Fire & Casualty Insurance Co., No. 1-00-0730.
Notes from the editor October 2001 Governor Ryan appointed Bob Madigan to replace former Commissioner Michael Weaver. Mr. Madigan's appointment was affirmed by the Senate.
Notes from the editor October 2001 Having practiced in this field since 1975, it is both an honor and a privilege to serve as Chair of the ISBA's Section Council on Workers' Compensation Law.
“Notice” under the Illinois Workers’ Compensation Act By Robert Smith June 2001 This article examines the accidental injury notice requirement of the Illinois Workers' Compensation Act.
Proposed ergonomics program standard By Kenneth F. Werts March 2001 The Occupational Safety and Health Administration has proposed an "Ergonomics Program Standard" to address so-called work-related musculoskeletal disorders (WMSDs) which it asserts is the leading cause of lost-workday injuries and workers' compensation costs.
Statute of limitation for filing a workers’ compensation claim extended by the broadening definition of “compensation” under the Illinois Workers’ Compensation Act By Greg Norgle October 2001 Section 6(d) of the Illinois Workers' Compensation Act (820 ILCS 305/1) requires that an injured worker* file an Application for Adjustment of Claim with the Illinois Industrial Commission within three years after the date of accident, where no compensation has been paid, or within two years after the date of the last payment of compensation, where any has been paid, whichever shall be later.
Time limit for filing summons in circuit court By Richard D. Hannigan October 2001 Wal-Mart Stores, Inc. vs. Industrial Commission, No. 1-00-2925WC, was filed by the appellate court on August 9, 2001.