Section Newsletters

Articles From Brent R. Eames

PPD v. Wage Differential: When Is an Award Under §8(d)(2) Instead of §8(d)(1) Against the Manifest Weight of the Evidence By Brent R. Eames Workers’ Compensation Law, July 2021 When it comes to assessing permanency, the Illinois Supreme Court has expressed a preference for wage differential awards over scheduled awards.
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.
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.
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.

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