Section Newsletters

Articles From Megan Kivisto

Can you withdraw your consent to depose a witness? How can you cite a Commission decision as precedent at the appellate court level? By Peter Corti & Megan Kivisto Workers’ Compensation Law, April 2015 It is still not a good idea to cite Commission decisions to the appellate court. However, when faced with an argument that there is “no case law” on an issue when there actually is, you can present it in such a manner to show that, while you are certainly well aware that the unrelated Commission decision has no precedential effect at the appellate level, the Act dictates that it did have precedential effect before the Commission.
Calculation of AWW when considering future earning per a union contract By Megan Kivisto & Peter Corti Workers’ Compensation Law, August 2013 In addition to setting forth a clear rule regarding calculation of wage differential benefits, the case of United Airlines, Inc. v. Illinois Workers’ Compensation Commission reminds us that speculative evidence has no place in our practice.

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