Workers’ Compensation Law

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

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2007 Articles

Another confusing interest case By Mark P. Matranga March 2007 The Appellate Court, Fourth District, has ventured into the interest calculation thicket with Radosevich v. The Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469.
Attorney signature on appeal bond not sufficient By Mark Cosimini December 2007 Section 19(f) of the Act sets forth the requirements for seeking a judicial review of a Commission decision and states in part.
Co-Editor’s notes By Janet D. Pallardy & Richard D. Hannigan March 2007 Congratulations go out to our Chairperson and Vice-Chair Deb Benzing and John Shepherd on another sell out seminar February 12, 2007 and February 19, 2007.
Editor’s notes By Richard D. Hannigan December 2007 Chairman Dennis Ruth has decided to seek a judgeship in Third Judicial Circuit. On September 26, the Madison St. Clair Record 2007 reported:
Editor’s notes By Richard D. Hannigan September 2007 On August 17, 2007 Chairman Dennis Ruth made the following announcement:
The elusiveness of the intoxication defense By Kevin S. Botha June 2007 In a recent Rule 23 decision, the Appellate Court affirmed the judgment of the Circuit Court that confirmed the decision the Worker’s Compensation Commission awarding benefits to claimant, where the defense was based on intoxication.
Exclusive remedy update By Brad E. Bleakney September 2007 We are all familiar or should be familiar with the exclusive remedy provisions of the Act. Section 5(a) of the Workers Compensation Act specifically provides that payment under the Act shall be the exclusive remedy for an injured employee:
Extra scrutiny revived: S&H Floor Covering, Inc. v. Illinois Workers Compensation Commission By Ingrid M. Lulich September 2007 S&H Floor Covering, Inc. v. Workers’ Compensation Commission, 373 Ill.App.3d 259 (4th Dist. 2007), at first blush appears to be a decision on the issues of notice and accident.
“I got fired. Do I still get a check?”: A summary of recent Commission decisions on temporary total disability benefits after termination By Jennifer Kiesewetter September 2007 In workers’ compensation hearings, every attorney has a number of cases where temporary total disability benefits will clearly be awarded if a causal connection is found.
Illinois Workers’ Compensation Commission Division By Justice William E. Holdridge September 2007 In January of 2007, the Illinois Supreme Court appointed Justice R. Peter Grometer of the Second District Appellate Court and Justice James K. Donovan of the Fifth District Appellate Court to the Workers’ Compensation Commission division of the Appellate Court of Illinois, replacing Justice Thomas E. Callum and Justice Richard P. Goldenhersh, respectively.
The injured workers’ benefit fund By Vito D. DeCarlo & Anita M. DeCarlo March 2007 The Injured Workers’ Benefit Fund (IWBF) was created by the 2005 amendments to Section 4(d) of the Illinois Workers’ Compensation Act (820 ILCS 305).
Injury compensable regardless of alleged safety rule violation, as petitioner was in the scope of his employment By Jennifer J.C. Kerns March 2007 In J.S. Masonry, Inc. v. Industrial Commission, the First District of the Appellate Court had an opportunity to analyze the effect of an alleged safety rule violation on the claimant’s entitlement to benefits.
Notes from the Editor By Richard D. Hannigan June 2007 A message from the editor.
“Odd-lot” permanent total disability award affirmed By Frank A. Sommario September 2007 A look at City of Chicago v. Illinois' Workers Compensation Commission.
Overtime wages excluded from average weekly wage calculation if not worked on a regular and mandatory basis By Timothy S. McNally June 2007 In Airborne Express v. Illinois Workers’ Compensation Commission, 865 N.E.2d 979, 310 Ill.Dec. 259, 2007 WL 837246 (Ill.App. 1 Dist), the First District of the Appellate Court clarified the issue of the inclusion of overtime in calculating average weekly wage.
The policy, the whole policy and nothing but the policy By Kristen A. Wadiak December 2007 In a recent case of first impression, the Fifth District Appellate Court of Illinois decided that the Defendant, an insurance company, was not allowed to pick and choose which parts of their uninsured policy were applicable regarding issues of workers’ compensation setoffs.
Radosevich, continued attorney fees under §19(g) By Mark P. Matranga June 2007 The last newsletter contained a discussion of the interest rate on Commission awards found in the Fourth District decision in Radosevich v. Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469(2006).
A rare reversal & remand of a manifest weight issue under the “Odd Lot” permanent disability theory By Kevin S. Botha June 2007 The claimant in this case (Westin Hotel v. Industrial Commission, 310 Ill.Dec. 18, 865 N.E.2d 342) was 54 years old when the injury occurred.
Repetitive trauma, date of accident and travel expenses for seeing treater By Richard D. Hannigan March 2007 In a Rule 23 Order filed on October 3, 2006, the Appellate Court dealt with the issue of repetitive trauma, date of injury, and travel expenses.
Respondents must meet their obligations in vocational rehabilitation By Kevin S. Botha March 2007 The Commission unanimously affirmed and adopted Arbitrator Tobin’s decision on review in Allen Lemme v. Monterey Coal Company, 06IWCC0967 (2006).
Roberson and West Cab Co., contrasted rulings regarding employer/employee relationships By John W. Powers December 2007 This year, the Supreme Court and Appellate Court issued significant decisions addressing the employer/employer relationship.
A Rule 23 decision with something for everyone By Richard D. Hannigan June 2007 This particular case was appealed on the issue of the nature and extent of the injury.
A tort plaintiff, but no defendant By Michelle L. LaFayette December 2007 To the workers’ compensation practitioner, it is well-established a worker can only seek compensation from his employer pursuant to the provisions of the Workers’ Compensation Act or the Occupational Diseases Act for injuries arising out of and in the course of his employment. See, 820 ILCS 305/1 et seq.
Wage Loss Differential By Richard D. Hannigan June 2007 Under §8(d)1 of the Workers’ Compensation Act an injured worker is entitled to a wage loss differential when it is proved that he is partially incapacitated and permanently prevented from pursuing his usual and customary line of employment and there is an impairment of earnings.
Waiver of Section 5b lien By Richard D. Hannigan September 2007 Did you use to worry that you waived your Section 5 lien when you entered into a settlement contract?
What we are never to discuss: Compensation to arbitrators, commissioner and the attorneys who practice before the Commission By Richard D. Hannigan March 2007 This article is strictly the author’s opinion and not necessarily the opinion of this council section, its member and the ISBA (or anyone else for that matter).