Workers’ Compensation Law

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

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2004 Articles

Are you covered? An analysis of Lenny Szarek, Inc. v. Maryland Casualty Co. By Peter J. Stavropoulos December 2004 This recent First Division Appellate Decision, issued on September 27, 2004, deals with the issue of how territoriality provisions of a workers' compensation insurance policy can impact coverage of workers' compensation claims.
Certification of hospital records By Carol A. Cesaretti December 2004 National Wrecking v. Industrial Commission, establishes that certification of hospital records is the bare minimum procedural requirement for proper admission under Section 16 of the Act if the parties do not stipulate to the admission of such records.
Clerical error. When is the proper time to file a Review? By Richard D. Hannigan March 2004 The appellate court seems to deal with this issue once every four years. In Diane Schultz v Forest Preserve District of Cook County, 1-02-2860 WC filed by the First District Appellate Court, Industrial Commission Division revisited that issue.
Commission news By Richard D. Hannigan March 2004 Updates of interest to workers' comp law practitioners.
Editor’s notes By Richard D. Hannigan September 2004 A message from Editor Rich Hannigan.
Edward Don Co. v. Industrial Commission By Deborah A. Benzing March 2004 In the recent decision of Edward Don Company v. The Industrial Commission, 344 Ill. App.3d 643, 801 N.E.2d 18 (2003), the appellate court held that the petitioner's overtime earnings were properly excluded from the average weekly wage calculation.
Five things you should know about the Commission’s review level By Jackie Kinnaman March 2004 There is really only one thing you need to know to be effective in representing your clients on Review before the Industrial Commission: the brief is crucial.
Illinois Industrial Commission case status information now available online By Amy Masters June 2004 The Illinois Industrial Commission recently introduced a new online feature allowing access to open case status information available seven days a week.
“Increased risk” as analyzed by the 5th District By Carol A. Cesaretti December 2004 In Nascote Industries v. Industrial Commission, 2004 Ill.App. LEXIS 1326 5-03-0706WC (5th Dist. 2004) the 5th District distinguished Caterpillar Tractor in its analysis of what constitutes "increased risk."
The Industrial Commission must determine who the aggressor was By Michelle D. Porro June 2004 Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
Industrial Commission news September 2004 On January 1, 2005, the Industrial Commission will change its name to the Illinois Workers' Compensation Commission.
Industrial Commission news By Richard D. Hannigan June 2004 By the time this newsletter is received by your office there may be amendments to the Workers' Compensation Act.
Introduction December 2004 This issue has been prepared by our Co-Editor, Carol A. Cesaretti of Brady, Connolly and Masuda.
Introduction March 2004 This newsletter should be retained by every lawyer practicing before the Industrial Commission as a part of their trial notebook.
A message from Dennis Ruth, Chairman of the Workers’ Compensation Commission By Dennis Ruth December 2004 Update on the Industrial Commission: Recently I wrote an article in this newsletter, describing my first year as chairman of the Industrial Commission.
Mores Harvey, a parking lot slip and fall By Anita M. DeCarlo March 2004 The most recent "parking lot" case to be decided is Janice Mores-Harvey v. Industrial Commission (3-03-0081WC).
Notes from the Chair December 2004 I have the distinct privilege of unveiling the ISBA Workers' Compensation Section Council's annual seminar lineup. T
Recent cases September 2004 Litchfield Healthcare Center v. The Industrial Commission, 349 Ill.App.3d 486, 812 N.E.2d 401, 285 Ill.Dec. 581, involved an employee who was a certified nursing assis Litchfield tant.
Retaliatory discharge By Carol A. Cesaretti December 2004 In Kevin C. Carter v. Tennant Company, 383 F.3d 673 (7th Cir, 2004), the Seventh Circuit held that because Carter was dishonest in filling out the "Health History Questionnaire" portion of his application that inquired about his prior work-related injuries and medical care, Tennant had a valid, non-pretextual reason to discharge him.
A review of my first year as Chairman of the Illinois Industrial Commission By Dennis Ruth September 2004 Now that I have completed a year as Chairman of the Illinois Industrial Commission, I would like to review our accomplishments.
Section Chairman’s comments By Bruce L. Bonds March 2004 Chairman Dennis Ruth has just completed his first year as Chairman of the Illinois Industrial Commission.
A valued investigation By Carol A. Cesaretti December 2004 In Robert Ross v. Entenmann's Bakery and Industrial Commission of Illinois, 2004 Ill.App. LEXIS 1246, the First District affirmed the Commission's decision holding that the claimant failed to prove an accidental injury arising out of and in the course of his employment.
What constitutes a valid appointment as a commissioner? By Michelle D. Porro June 2004 The appellate court tackled this question in Sleeter v. Industrial Commission. No. 4-02-1044 WC. The first issue brought by this claim is simply a manifest weight of the evidence argument regarding accident.
When filing a summons for the employer, make sure the principal signs the bond By Richard D. Hannigan March 2004 In Freedom Graphic Systems, Inc. v. Industrial Commission, the appellate court addresses the issue of whether section 19(f) requires "strict compliance" when a bond is filed with the circuit court but unsigned.
When is a circuit court order final and appealable? By Michelle D. Porro June 2004 Where the Arbitrator and Industrial Commission find that the Petitioner is entitled to TTD, medical and an award of PPD equal to 45 percent maw, and the circuit court reverses and remands for a finding consistent with its opinion that the Petitioner is permanently and totally disabled, the circuit court's order is interlocutory and an appeal can not be perfected to the appellate court until after the claim has been heard on remand by the Industrial Commission.