Section Newsletters

Articles From Anita M. DeCarlo

What is a petitioner’s burden when it comes to causal connection? By Anita M. DeCarlo Workers’ Compensation Law, July 2018 Rechenberg v. Illinois Workers’ Compensation Commission emphasizes the petitioner’s burden to prove a causal relationship that is more probable than not.
How inclusive is the exclusive remedy? By Anita M. DeCarlo Workers’ Compensation Law, September 2015 In Dominique Kay v. Centegra Health System, the Court found plaintiff did not have the right to pursue a negligence case based upon the exclusive remedy provision found in Section 5(a) of the Illinois Workers’ Compensation Act.
Exclusive remedy doctrine does not apply when employee first learns of injury after the expiration of the statute of repose under the Workers’ Compensation Act and Occupational Disease Act By Anita M. DeCarlo Workers’ Compensation Law, October 2014 A discussion of the June 27, 2014 decision from the Illinois Appellate Court First District in Folta v. Ferro Engineering.
1 comment (Most recent October 12, 2014)
Traveling employee By Deborah A. Benzing & Anita M. DeCarlo Workers’ Compensation Law, January 2014 On December 19, 2013, the Illinois Supreme Court issued its Decision in The Venture-Newberg-Perini, Stone & Webster v. the Illinois Workers’ Compensation Commission, a highly anticipated decision addressing the traveling employee doctrine.
What are the duties and obligations of the parties with respect to initiating vocational rehabilitation? By Anita M. DeCarlo & Deborah A. Benzing Workers’ Compensation Law, September 2012 As is evidenced by the contradicting case law detailed in this article, there are many unanswered questions with respect to vocational rehabilitation.
Are utilization review reports admissible into evidence? Petitioner vs. Respondent By Anita M. DeCarlo & Kelly Johnson Workers’ Compensation Law, March 2008 Until recently, the only vehicle to dispute the reasonableness or necessity of treatment was via a Section 12 examination.
The injured workers’ benefit fund By Vito D. DeCarlo & Anita M. DeCarlo Workers’ Compensation Law, March 2007 The Injured Workers’ Benefit Fund (IWBF) was created by the 2005 amendments to Section 4(d) of the Illinois Workers’ Compensation Act (820 ILCS 305).
Boyd Electric: Is the Commission really a party? By Anita M. Decarlo Workers’ Compensation Law, June 2005 As a first year law student, I remember asking my father why all Workers' Compensation cases above the Commission level were captioned "Somebody v. The Industrial Commission?"
The history of women in the Justinian Society By Anita M. DeCarlo & Katherine A. Amari Racial and Ethnic Minorities and the Law, May 2004 When you first think of women in the Justinian Society of Lawyers, the first person that comes to mind is Judge Gloria Coco. Of course, Judge Coco was our first and, to date, only woman president of the Justinians.
Mores Harvey, a parking lot slip and fall By Anita M. DeCarlo Workers’ Compensation Law, March 2004 The most recent "parking lot" case to be decided is Janice Mores-Harvey v. Industrial Commission (3-03-0081WC).
Illinois Consolidated Telephone: The future of unexplained and idiopathic fall classifications By Lee Vasilatos & Anita M. DeCarlo Workers’ Compensation Law, 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.

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