2002 Articles

19(b)1 is no place for rehab By Richard D. Hannigan April 2002 On February 1, 2002 the appellate court filed it's decision on Mobil Oil Corp. vs. Industrial Commission (David Haberkorn). At the time of this publication the decision is not final and subject to change.

Appellate court takes a “gamble” on Jones Act cases By Amy E. Schaeffer January 2002 In Lance Grobe v. Hollywood CasinoAurora, Inc., 2001 WL 1380827, the appellate court considered the applicability of the Jones Act. Lance Grobe worked for Hollywood CasinoAurora and injured himself while descending some stairs on August 19, 1999.

Applying the term “last exposure” in claims with multiple respondents under the Illinois Workers’ Occupational Diseases Act By Steven T. Grady April 2002 When faced with an Occupational Diseases claim with multiple respondents, both Petitioner and Respondent need to prepare themselves with a current understanding of proper legal application of the term "last exposure,"as referred to in section 1(d).

Case law update October 2002 In Navistar International Transportation Corp. v. Industrial Commission, 331 Ill.App.3d 405, 771 N.E.2d 35, the employee had received an award of permanent total disability in December of 1987.

Case law update June 2002 Darwin Baggett was a high school industrial arts teacher who collapsed at work.

Civility in our work place By Michael B. Hyman April 2002 In the last Workers' Compensation Newsletter I advised that the Supreme Court has commissioned a study on civility among attorneys.

Commissioners of the Industrial Commission By Richard D. Hannigan April 2002 For those of you who are not familiar with the Commissioner's who hear your oral 19(h) and 8(a) petitions, hear oral argument, rule on your motions at the review level and administer to the functioning of the Industrial Commission, a brief note is in order.

The common fund doctrine/entitlement to attorney fees By Richard D. Hannigan April 2002 The Illinois Supreme Court has reaffirmed the application of the common fund doctrine to the recoupment of attorney fees from a third party group carrier who made payment of medical bills pursuant to it's group policy.

Congratulations! June 2002 Gerald F. Cooper, Jr. of Scopelitis, Garvin, Light & Hanson will become Chair of the Workers' Compensation Committee of the ISBA. The Committee thanks Larry A. Scordino for his leadership this past year.

Could have, would have, shouldn’t have By Mitchell Weisz April 2002 It was probably my destiny that my law practice would gravitate to an administrative field and its primary hearing level.

Does the employer’s share of the plaintiff’s expenses depend on the gross or net recovery of the employer’s subrogation claim? By Markham M. Jeep January 2002 In Overlin v. Windmere Cove Partners, Inc., 756 N.E.2d 926, 258 Ill.Dec. 652, the appellate court considered the correct method of calculating the employer's share of litigation costs.

Editor’s notes By Richard D. Hannigan April 2002 This edition includes articles by Steve Grady. His deals with a "hearing loss" case and the Occupational Diseases Act.

Even after a second amended Industrial Commission decision, the original decision can be subject to appeal By Paul W. Wiedner January 2002 In F & B Manufacturing Company v. Industrial Commission, 2001 WL 1104708, the appellate court had occasion to consider a case that had reached the circuit court for the second time after two different decisions by the Industrial Commission.

Illinois Industrial Commission releases 2002 calendar By John W. Hallock, Jr. January 2002 In an effort to improve and continue services despite budgetary concerns, beginning December 2001 Chicago will be operating at virtually full strength capacity with 13 arbitration calls.

Notes from the editor By Richard D. Hannigan October 2002 Commissioner Robert Madigan resigned effective July 8, 2002. Paul Rink has accepted a temporary appointment to serve as the public-member (Panel A) through December 31, 2002.

Notes from the editor January 2002 On September 15, 2001, Tim Eaton, the president of the Illinois State Bar Association attended the Workers' Compensation Law Section Council Meeting. President Eaton discussed an upcoming conference of a committee on the courts, which will focus on improving our courts and administrative agencies such as the Industrial Commission.

Questions and answers on insurance compliance enforcement at the Industrial Commission By Robert M. Harris January 2002 "Insurance compliance" refers to the Industrial Commission's efforts to enforce the mandatory insurance coverage provisions of section 4 of the Act.

Subsequent and intervening accidents By Kenneth E. Baime April 2002 Frequently an issue arises when a petitioner, who suffered a work related injury, suffers some type of subsequent injury.

Thank you, Bud! January 2002 Arbitrator Bernard Barasa retired from the Industrial Commission effective October 31, 2001.

Workers’ Compensation Law

2002 Articles