Workers’ Compensation Law

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

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2021 Articles

Appellate Court Affirms IWCC Permanency Award but Remands for Vocational Rehabilitation Assessment: What Now? By Suzanne Nyhan November 2021 A summary and analysis of CDW Corporation v. The Illinois Workers’ Compensation Comm’n.
Appellate Court Affirms Reasoning by Commission That Numerous Doctors With Multiple Medical Opinions Does Not Meet Burden of Proof Required to Compel Payment of Benefits By Timothy O’Gorman March 2021 The appellate court in Agbezouhlon v. IWCC modified in part and affirmed in part a decision of the Illinois Workers' Compensation Commission, which found that claimant was injured on January 29, 2008, and reached maximum medical improvement on June 19, 2008.
1 comment (Most recent April 8, 2021)
Arising Out of ‘Walk This Way’: Purdy Brothers Trucking, LLC v. IWCC By Jim Babcock September 2021 A summary and analysis of Purdy Brothers Trucking, LLC v. Illinois Workers' Compensation Comm'n.
A Bench Perspective By Justice William E. Holdridge, Ashley Kidd, Hailey Rehberg Witt, & Steven Winger November 2021 Frequently asked questions about the Workers' Compensation Commission. 
BIPA Litigation at Our Supreme Court May Have a Huge Impact on Workers’ Compensation Practice By Kurt Niermann July 2021 McDonald v. Symphony Bronzeville is the latest Biometric Information Privacy Act claim to reach the Illinois Supreme Court.
Bowen v. IWCC: On the Importance of Language Setting Aside or Confirming a Commission Decision to Avoid Jurisdiction Dismissal By Paul E.H. Rademacher & Joshua A. Humbrecht July 2021 A summary and analysis of Joseph E. Bowen v. IWCC.
Can a Treating Physician Opine That a Claimant Could Not Be Competitively Employed? By Richard D. Hannigan March 2021 Monterey Mushrooms Inc v. IWCC deals with the qualifications of a treating physician to testify regarding vocational issues.
Claimant’s Burden of Proof in Premise Fall Claims By Herb Franks May 2021 In Vaughan v. IWCC, the appellate court affirmed the denial of a worker’s claim for benefits resulting from a fall in the employer’s parking lot, finding that the claimant failed to satisfy her burden of proving that the injury arose out of employment.
A Contractual Obligation to Pay Workers’ Compensation Benefits Allows a General Contractor to Exercise the Exclusive Remedy Provision By Timothy O’Gorman March 2021 In Munoz v. Bulley & Andrews, the appellate court clarified when a general contractor may exercise the exclusive remedy provision even when the employee of a subcontractor is injured.
Does Section 21 of the Illinois Workers’ Compensation Act Exempt the Proceeds of a Workers’ Compensation Settlement? By Deborah Benzing May 2021 The Illinois Supreme Court recently held that under section 21 of the Illinois Workers' Compensation Act, the proceeds of a workers’ compensation settlement are still exempt from the claims of medical-care providers who treated the illness or injury associated with that settlement.
Editor’s Notes By Richard D. Hannigan November 2021 An introduction to the issue from the editor.
Editor’s Notes By Richard D. Hannigan September 2021 An introduction to the issue from the editor, Richard D. Hannigan.
Editor’s Notes By Richard D. Hannigan July 2021 An introduction to the issue from the editor, Richard D. Hannigan.
Editor’s Notes By Richard D. Hannigan May 2021 A note from the editor, Richard D. Hannigan.
Editor’s Notes By Richard D. Hannigan March 2021 An introduction to the issue from the editor, Richard D. Hannigan.
Editor’s Notes By Richard D. Hannigan January 2021 An introduction to the issue from the editor, Richard D. Hannigan.
Experts Duel Over Annual Tear in Lumbar Spine as Commission’s Reliance on One Expert Passes Manifest Weight Standard By Derek Dominguez November 2021 In Cassens Transport v. Illinois Worker’s Compensation Comm'n and Raymond Simental, the appellate court found that the Commission’s reliance on a particular expert for its causation finding was not against the manifest weight of the evidence.
The Illinois Bar Foundation Needs Your Help By Rory T. Weiler January 2021 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.
Illinois Courts Remain Inflexible When It Comes to Employment Risks By Scott R. Hall January 2021 In Flex-N-Gate Logistics v. Illinois Workers’ Compensation Commission, et al., the petitioner truck driver, alleged that he injured his cervical spine, right arm, and left knee while walking up a set of stairs at his employer’s premises.
Illinois Insurance Guaranty Fund—Who, What, When, Why, and How? By Matthew J. Rokusek September 2021 An overview of the Illinois Insurance Guaranty Fund.
International Shoe and Retaliatory Discharge Actions in Illinois: Lusk v. Unckrich Corp., 2021 IL App (5th) 200368 By Tiana Muntner November 2021 Lusk v. Unckrich Corp. sets precedent for analyzing a challenge to personal jurisdiction with an out-of-state defendant employer in the context of retaliatory discharge claims. 
‘Last Act Necessary’ to Make a Contract of Employment: Timeline of Random Events or Something More? By Markham Jeep May 2021 A summary and analysis of Aureus Medical Group v. Illinois Workers’ Compensation Commission.
The Manifest Weight Standard on Review: American Coal v. IWCC By Jack Linn March 2021 A summary of American Coal v. IWCC, wherein the arbitrator denied benefits because the petitioner could not prove that he suffered from coal workers’ pneumoconiosis.
The Manifest Weight Standard on Review: PSSI, Inc. v. IWCC, et al., 2021 IL App (2d) 200463WC-U By Jack Linn May 2021 A summary and analysis of PSSI, Inc. v. IWCC, et al.
‘Mental-Mental’ Injuries Found Compensable Under a Manifest Weight Standard By Mallory Zimet January 2021 In a recent Rule 23 decision, the appellate court found that the Illinois Workers' Compensation Commission’s determination that the petitioner suffered a sudden, severe emotional shock traceable to a definite time, place, and cause that resulted in a psychological injury was not against the manifest weight of the evidence.
Mind the Gap: Maroney’s Rule 23 Caution on Causal Connection By Robert Finley May 2021 In Kevin Maroney v. Illinois Workers’ Compensation Commission, the appellate court issued and order filed under Supreme Court Rule 23, which provides for precedent in limited circumstances under Rule 23(e)(1).
PPD v. Wage Differential: When Is an Award Under §8(d)(2) Instead of §8(d)(1) Against the Manifest Weight of the Evidence By Brent R. Eames July 2021 When it comes to assessing permanency, the Illinois Supreme Court has expressed a preference for wage differential awards over scheduled awards.
A Refresher Course in Repetitive Trauma Cases By Richard D. Hannigan March 2021 Greater Peoria Mass Transit District v. IWCC provides us with a blueprint for how to defend and/or prosecute a repetitive trauma claim.
Stay on Workers’ Compensation Proceedings by Circuit Court Relying on the Doctrine of Primary Jurisdiction Was Improper By Tammy A. Paquette January 2021 A summary and analysis of West Bend Mutual Insurance Co. v. TRRS Corp.
The View From the Dais/Bench/Desk/Table By Gerald Napleton & Dennis O’Brien September 2021 Arbitrators and judges often face similar problems, though the methods of resolution are not always the same.