Articles From John W. Powers

The Commission may find disability when the impairment rating is zero, but is an impairment rating required in all cases before the Commission can determine the nature and extent of an injury? By John W. Powers Workers’ Compensation Law, December 2015 On November 6, 2015, the Illinois Appellate Court filed its decision for Continental Tire of the Americas, LLC v. Illinois Workers’ Compensation Comm’n. holding the Commission may, as a matter of law, award permanency when an impairment rating is zero.
Illinois State Treasurer, as ex officio Custodian of the Injured Workers’ Benefit Fund does and does not have sovereign immunity By John W. Powers Workers’ Compensation Law, January 2014 The Illinois Appellate Court recently issued two opposing decisions, in Dratewska-Zator v. Rutherford and Illinois State Treasurer, as ex officio Custodian of the Injured Workers’ Benefit Fund v. Illinois Workers’ Compensation Commission.
The two doctor rule—The genesis of the referral has no bearing on the issue so long as the treating doctor makes the referral By John W. Powers Workers’ Compensation Law, August 2011 A look at the recent case of Absolute Cleaning v. Illinois Workers’ Compensation Comm’n.
When should an application for dedimus postestatem be granted? By John W. Powers Workers’ Compensation Law, September 2008 According to Rules Governing Practice Before the Workers Compensation Commission, evidence depositions of any witness may be taken before hearing only upon stipulation of the parties or upon a dedimus potestatem order. 50 Ill. Adm. Code 7030.60(a) (2008).
Roberson and West Cab Co., contrasted rulings regarding employer/employee relationships By John W. Powers Workers’ Compensation Law, December 2007 This year, the Supreme Court and Appellate Court issued significant decisions addressing the employer/employer relationship.

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