Workers’ Compensation Law

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

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2020 Articles

19 Ways to Manage Stress and Avoid Conflict While Staying Indoors By E. Kenneth Wright, Jr., Erin Clifford, & Michael B. Hyman May 2020 A list of ways to help you manage the stress and potential interpersonal conflicts posed by COVID-19 confinement.
Accident During Commute Between Split Shifts Does Not Arise Out of and in the Course of Employment By Deborah A. Benzing February 2020 A summary of Harris-Williams v. Illinois Workers’ Compensation Comm’n, in which an injured worker claimed she was a traveling employee and, therefore, the personal comfort doctrine applied.
Appellate Jurisdictional Issues Involving Non-Final/Interlocutory Orders: What Are They and How Can We Avoid Them? By Brad Elward May 2020 In Montgomery v. Illinois Workers’ Compensation Comm’n, an appeal from a circuit court order based on a lack of jurisdiction was dismissed.
Bad Dates: Inconsistent Date of Injury Reporting Leads to Denial of Benefits By Timothy J. O’Gorman May 2020 In Gonzalez v. Illinois Workers’ Compensation Comm'n, the Commission's decision to deny benefits to a claimant on the basis of a lack of accident when that claimant’s credibility is questioned by his inconsistent reports of a date of accident was affirmed.
Cat Express v. Robert Muriel, et al., 2019 IL App (1st) 1181851 By Matteo Rago April 2020 A summary of Cat Express v. Robert Muriel, et al., which addresses the authority of the Department of Insurance to determine employment status disputes.
City of Springfield v. I.W.C.C., 2020 IL App (4th) 190817 WC-U By Matteo Rago November 2020 A summary and analysis of City of Springfield v. I.W.C.C., which addresses the following three questions: (1) what is required to provide an employer with notice of a work-related accident within 45 days; (2) what constitutes a work-related accident; and (3) whether claimant suffered a workplace injury.
Claimant Is Unable to Prove That Employer Knowingly Failed to Provide Workers’ Compensation Coverage on Accident Date By Candice E. Drew August 2020 In American Kitchen Delights, Inc., v. Illinois Workers’ Compensation Comm’n, the appellate court reversed the lower court's decision, holding that the respondent knowingly failed to comply with insurance mandates in the Workers' Compensation Act.
Does the Borrowing Employer Always Receive the Benefits of the WCA By Richard D. Hannigan August 2020 A summary of Jaime Quintana v. Ferrara Candy Co., a Rule 23 case involving a personal injury claim for negligence.
Editor’s Comments By Richard D. Hannigan May 2020 A note from the editor, Richard D. Hannigan.
Editor’s Comments By Richard D. Hannigan April 2020 A note from the editor, Richard D. Hannigan.
Editor’s Comments By Richard D. Hannigan February 2020 A note from the editor, Richard D. Hannigan.
Editor’s Notes By Richard D. Hannigan November 2020 An introduction to the issue from the editor, Richard D. Hannigan.
Editor’s Notes By Richard D. Hannigan August 2020 An introduction to the issue from the editor, Richard D. Hannigan.
Examining the Manifest Weight Standard on Appeal: Air Wisconsin v. IWCC – 2018 L 50342 By Jack Linn May 2020  A look at a case involving six separate injuries from September 15, 2006, through February 11, 2010, and manifest weight of the evidence.
Exclusive Remedy of Workers’ Compensation Act v. Biometric Information Privacy Act By Richard D. Hannigan November 2020 The first district appellate court recently dealt with a violation of the Biometric Information Privacy Act in a class action lawsuit.
Failure to Raise Statute of Limitations Defense in Petition for Review and Statement of Exceptions Results in Waiver of Defense on Appeal By Brent R. Eames February 2020 A summary of Du Quoin Home Lumber v. Illinois Workers’ Compensation Comm'n, et al., which serves as an important reminder of the necessity of raising all disputed issues in the petition for review or in a timely statement of exceptions in order to preserve those issues for appeal.
A Fall Is a Fall, But Is It Compensable? By Herb Franks May 2020 In a recent Supreme Court Rule 23 opinion, the appellate court denied a worker’s claim for benefits because she failed to prove that there was a defective condition on the employer’s premises which caused her injury.
If a Claimant Is Offered Modified Duty Work Assignment Within His Medical or Physical Restrictions, Failure to Attempt to Return to Work Cuts Off a Claim for Benefits By Brad Badgley April 2020 In Patrick A. Wilkison, v. Illinois Workers’ Compensation Comm’n, et al., the appellate court examined whether a claimant improperly refused to return to work within his medical and physical restrictions.
Illinois Supreme Court Clarifies That Proceeds From a Workers’ Compensation Settlement Are Exempt From Claims by Medical Care Providers By Paul E.H. Rademacher & Joshua A. Humbrecht April 2020 A summary of the Illinois Supreme Court's decision in In re Elena Hernandez.
Justin O’Neil v. IWCC, or Hollywood Casino Redux By Markham M. Jeep May 2020 A look at a case involving the denial of penalties for failure to authorize treatment.
Lessons Learned By Christine M. Ory May 2020 Reflections of a practicing workers’ compensation attorney turned arbitrator.
McCallister v. The IWCC: The Supreme Court of Illinois’ Extension of Injuries That ‘Arise Out Of’ a Petitioner’s Employment and a Departure From the Traditional Adcock Analysis By Paul E. H. Rademacher & Joshua A. Humbrecht November 2020 A summary and analysis of Kevin McCallister v. The Illinois Workers’ Compensation Commission, in which the Illinois Supreme Court considered the compensability of a knee injury a sou chef suffered while employed at a Chicago restaurant.
The Mere Word of Petitioner Is Not Always Sufficient Proof of an Accident By Joann M. Fratianni May 2020 In Jaysen Hamann v. Illinois Workers’ Compensation Comm'n et. al., the petitioner was denied benefits for lack of credibility.
Petitioner Beware: Aggravation Versus Worsening of a Condition From a Prior Work Accident By Michael A. Rom February 2020 Hooten v. Illinois Workers’ Compensation Comm’n analyzed whether a new alleged injury was merely the manifestation of symptoms from a previously settled case or an aggravation of a pre-existing condition.
Seeing Double: The Inextricably Intertwined Case(s) of Mr. Centeno a/k/a Mr. Morales By Robert J. Finley May 2020 A discussion of a case wherein there was a final award on a 19(b) hearing that came to be heard again on a subsequent 19(b) hearing.
Strict Compliance Is Alive and Well With Regard to Timely Filing of Petition for Judicial Review and Notice of Intent to File for Review By Gregory S. Keltner August 2020 In two recent Rule 23 decisions, the appellate court ruled that strict compliance with section 19(f)(1) of the Workers’ Compensation Act is necessary to vest the circuit court with jurisdiction where the appellant seeks review of a Commission decision.
A Tale of Two Cases and Stolen Identity By Cameron B. Clark August 2020 A summary and analysis of Centeno v. Illinois Workers’ Compensation Comm’n.
Two Cases Involving Appellate Court Jurisdiction-Appellant Beware By Michael A. Rom November 2020 Within a month, the appellate court issued two decisions in which they found they lacked jurisdiction to hear an appeal, both of which serve as a reminder to practitioners to only appeal a final award.
Warning to Respondents: Beware the Claimant Who Waits to Proceed to Hearing By Nathan Lanter November 2020 The American Coal Company v. Illinois Workers’ Compensation Commission provides a cautionary tale for respondents faced with a claimant who is denied temporary total disability benefits and recommended medical treatment, but waits a considerable amount of time before proceeding to a section 19(b) hearing.
1 comment (Most recent December 9, 2020)
What Is Required to Prove Entitlement to Odd-Lot Permanent Total Disability Benefits By Monica J. Kiehl February 2020 In Barnett v. Illinois Workers’ Compensation Comm’n, the appellate court issued a Rule 23 order that set forth the burden a claimant must meet in order to show permanent and total disability or entitlement to benefits under an odd-lot theory of permanent total disability benefits.