Workers’ Compensation Law

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

ISBA Members, please login to join this section

1999 Articles

Assessment of penalties for failure to pay medical bills By Arnold G. Rubin January 1999 Section 8(a) of the Illinois Workers' Compensation Act requires that the employer shall provide and "pay for all of the necessary first aid, medical and surgical services and all necessary medical, surgical and hospital services . . . which is reasonably required to cure or relieve the employee from the effects of the accidental injuries."
Average weekly-wage per diem “expenses” included By Peter N. Schmidt January 1999 In Swearingen v. Industrial Comm'n, 5-97-0160WC (5th Dist., Aug. 24, 1998), the appellate court held in a case of first impression that reimbursements paid to the petitioners, both truck drivers, constituted real economic gain and should be included in the calculation of the average weekly wage.
Benefits awarded for heart attack caused by work-related stress By Dana S. Frazier January 1999 The recent decision from the Second District Appellate Court of the Industrial Commission Division (The City of Waukegan v. Industrial Commission, No. 2-97-0750WC), illustrates how highly interpretative the factual scenario can be in determining compensation for heart attack cases allegedly caused by work-related stress.
The chair’s corner By Richard D. Hannigan November 1999 We're about to enter a new century and some of us, me included, are still in the early 90's, doubting that computers and this Internet stuff will affect our practice.
Choosing the correct forum for riverboat casino employees By Kurt Niermann January 1999 The Jones Act, the Longshore & Harbor Workers Compensation Act or the Illinois Workers Compensation Act may all apply to the various workers of riverboat casinos.
Hot topics—recent decisions By John H. Guill November 1999 In Segers v. Industrial Commission, 238 Ill.Dec. 347, filed 5/19/99, the fifth district Appellate Court reversed a Circuit Court Decision and found that a lump sum settlement contract entered into between the employer and the employee during the employee's lifetime which was then approved by the Industrial Commission did not bar the employee's spouse from pursuing death benefits pursuant to the Workers' Occupational Diseases Act (20 ILCS 310/A).
Industrial Commission news By Robert M. Harris November 1999 If any members of the bar are not already aware, I would like to take this opportunity to discuss an area of great concern and importance to the bar as well as to a wide range of other interested parties: the Illinois Industrial Commission's active engagement in enforcing section 4(d) of the Act.
Justice Philip J. Rarick interview By Lance Mallon June 1999 On the 23rd of March, 1999, we had the pleasure of doing a round table discussion with Justice Philip J. Rarick at the Porter's Steakhouse in Collinsville.
Only one set-off of workers’ compensation benefits against multiple underinsured motorist policies By Kenneth E. Baime January 1999 The recent case of Roberts v. Northland Insurance Company, No., 84115 (1998), petition for rehearing filed, considered whether there should be a full set-off as to each underinsured policy for any workers' compensation benefits received when there are two underinsured policies applicable to an automobile accident.
Recreational injuries and traveling employees: An unresolved question By H. Barry Wesley June 1999 Often a case will be decided which makes the "initial statement" of the law in an area; such was the decision in Bagcraft Corp. v. Industrial Comm'n, 302 Ill. App. 3d 334, 705 N.E.2d 919, 235 Ill. Dec. 736 (1998).
The Stip Sheet November 1999 Each newsletter will include an article on one (or more) of the issues from the Request for Hearing, or "Stip Sheet," used at Arbitration Hearings at the Illinois Industrial Commission.
Violation of a safety rule is a defense By Kim E. Presbrey January 1999 In the case of Timothy Saunders v. The Industrial Commission, The appellate court has once again attempted to further define the issue of are arising out of and in the course of employment.
Workers’ compensation review—1998 term cases of significance By Michael J. Colwell March 1999 The Industrial Commission Division of the Illinois Appellate Court hears appeals that arise out of proceedings before the Illinois Industrial Commission.