Workers’ Compensation Law

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

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2013 Articles

7/1/13 interview with Chairman Michael Latz By Richard D. Hannigan August 2013 Get to know Michael Latz, Chairman of the Illinois Workers' Compensation Commission.
Appellate court reverses Commission’s finding “arising out of” to be against the manifest weight of the evidence By Richard D. Hannigan January 2013 In another Rule 23 case, Illinois State Treasurer, as ex officio Custodian of the Injured Workers Benefit Fund v. Illinois Workers’ Compensation Commission (Joseph Mese), the Appellate Court reversed the IWCC’s finding that the petitioner’s injuries arose out of and in the course of her employment.
Bank teller’s alleged intentional-tort claim is “held up” by exclusivity provision of the Act By Cameron B. Clark January 2013 In Glasgow v. Associated Banc-Corp., a bank teller who was allegedly injured during a bank robbery brought an intentional tort action against the bank and branch where she worked.
Calculation of AWW when considering future earning per a union contract By Megan Kivisto & Peter Corti August 2013 In addition to setting forth a clear rule regarding calculation of wage differential benefits, the case of United Airlines, Inc. v. Illinois Workers’ Compensation Commission reminds us that speculative evidence has no place in our practice.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child support August 2013 The question on appeal to the Illinois Supreme Court was “whether the Trials Courts have discretion, in awarding child support, to apportion a [workers’] compensation settlement that is intended, by its terms, as a life-time disability award to equitably meet all parties’ needs.”
Delay in seeking treatment does not bar recovery for “mental-mental” injury By Mark P. Matranga June 2013 A summary of Chicago Transit Authority v. The Illinois Workers’ Compensation Commission et al.
Diaz: Something old, something new in mental-mental cases By Robert J. Finley October 2013 Diaz v. Ill. Workers Compensation Comm’n gives practitioners a chance to revisit the necessary proofs in “mental-mental” injury cases, i.e., psychological disability without physical injury.
A different standard must be applied for whether an injury is work-related for a “traveling employee” in workers’ compensation cases By Peter C. Wachowski October 2013 The Appellate Court reversed the trial court’s findings in Kertis v. Illinois Workers’ Compensation Comm’n, when it held that the Commission erred by not applying the traveling employee standard in its determination of whether the injury arose out of and in the course of employment.
Early lessons from a post-AMA world By Robert J. Finley June 2013 With several Commission decisions on the horizon, what impact might these early post-reform AMA decisions have on practitioners?
Editor’s comments By Richard D. Hannigan August 2013 Updates of interest to Workers' Compensation Law practitioners from newsletter editor Rich Hannigan.
Editor’s comments By Richard D. Hannigan January 2013 An introduction the issue from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan October 2013 An introduction to the issue from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan June 2013 A message and introduction to the issue from Editor Rich Hannigan.
The Illinois Employee Act—Constitutional or not? An analysis of Bartlow v. Costigan, 2012 IL App (5th) 110519 By Michelle D. Porro June 2013 On August 21, 2012, the Illinois Appellate Court held that the Illinois Employee Classification Act is not unconstitutional on its face.
Intervening accident does not preclude permanency award on first accident By Stephen G. Baime August 2013 The case of National Freight Industries v. IWCC et al 2013 IL app. (5th) 120043WC stands for the proposition that an intervening accident does not preclude a permanency award for injuries sustained in the first accident. This is a most interesting case, and complicated, but the ruling of the Illinois Appellate Court is just.
Is the refusal to participate in Respondent’s chosen multidisciplinary pain management program equal to an injurious practice under The Act? What, if anything, does that have to do with the issue of Causal Connection? By Lawrence A. Scordino August 2013 Clearly, the long line of cases from numerous jurisdictions regarding the inability of the Commission to force a claimant to undergo a specific treatment remains unbroken. The no benefits “unless and until” the treatment is finished approach was rebuffed by the Court in Bryon Kawa v. IWCC.
The mailbox rule and Section 19(f)(1) By Richard D. Hannigan August 2013 On August 1, 2013, the Supreme Court of the State of Illinois issued its decision in Gruszeczka v. IWCC. The issue in this case was whether a proceeding for judicial review of a Commission decision under section 19(f)(1) begins or is started when the Request for Summons and the proof of payment of the probable cost of the record are placed in a mailbox or when they are file stamped by the Clerk of the Circuit Court.
Person as a whole vs. 8(d)(1) wage differential, a Rule 23 decision By Richard D. Hannigan January 2013 In Illinois Tool Works v. Illinois Workers’ Compensation Commission, filed January 3, 2012, the claimant injured his low back on March 21, 2003 and underwent a lumbar diskectomy at L4-5 on March 22, 2004.
Pipe-fitter fits the role of a traveling employee By Catherine Krenz Doan January 2013 A summary of Venture-Newberg Perini Stone and Webster v. Illinois Workers’ Compensation Commission.
Prior stipulation by employer dooms its jurisdictional argument By Cameron B. Clark January 2013 In Ingrassia Interior Elements v. Illinois Workers’ Compensation Commission, the claimant filed a Petition for Review of the Arbitrator’s decision denying his claim pursuant to the Act.
QBE Insurance: A cautionary tale By Kenneth F. Werts October 2013 In this recent case, QBE filed a motion with the Commission requesting that it be named a party to the case citing Section 4(g) of the Act.
A remembrance to Justice John T. McCullough By Hon. William E. Holdridge January 2013 Justice John T. McCullough, Justice of the Illinois Appellate Court, and the Presiding Justice of the Workers’ Compensation Commission Division of the Appellate Court, passed away at his home in Lincoln, IL on October 30th, 2012.
Risk arising out of the employment By Gary Peterlin October 2013 A summary of Autumn Accolade v. The Illinois Workers’ Compensation Commission.
Stipulation binding when signed By Shuaib Ahmed June 2013 In Ingrassia Interior Elements v. IWCC, the Appellate Court held that when a transcript is not filed within the time period specified by section 19(b) of the Act, the Commission is not deprived of its jurisdiction to review the Arbitrator’s Decision.
There is little interest in interest under the present WC Act By Christine M. Ory August 2013 If P.A. 83-1051 went into effect in July 1984, interest payments on an arbitrator’s award would have accrued at the rate of 9% per annum under §19(n). As of December 2008, the prime rate dropped to 3.25% where it remains. Therefore, if P.A. 83-1051 had gone into effect, the present interest rate on the arbitrator’s award would be at 4.25% per annum. This is nowhere near as good as it was in July 1984 and not as good as the 6% flat rate, but it certainly is better than what we have today.
Truck driver hauls in the necessary evidence to establish an employer-employee relationship and employer loses jurisdictional argument due to service on the Commission By Cameron B. Clark January 2013 In Labuz v. Illinois Workers’ Compensation Commission, both the claimant, a truck driver, and his purported employer sought review of the decision of the Commission awarding claimant certain benefits for neck, back and left shoulder injuries.
TTD not available to workers subsequent to expiration of 19(h) By Boyd O. Roberts October 2013 The recent decision of Tony L. Curtis v. Illinois Workers’ Compensation Commission, et al. (The Village of Lansing) may have the effect of eliminating TTD benefits for workers who have surgery or seek medical treatment after the expiration of the statutory Section 19(h) time period.
A view from the bench By William R. Gallagher October 2013 Arbitrator William Gallagher shares his insights.
W.B. Olson v. Illinois Workers’ Compensation Commission: The appellate court once again relies on the dictionary for interpretation of the Workers’ Compensation Act By Joseph K. Guyette January 2013 Rather than settling the law on a confusing issue, this case is likely to cause further confusion and litigation regarding a petitioner’s ability to return to work.