Workers’ Compensation Law

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

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2022 Articles

Can a General Contractor Defend a Third Party Claim Using the Immunity Afforded an Employer Under Section 5(a) the WCA? By Richard D. Hannigan February 2022 The Illinois Supreme Court has further defined whether a general contractor who pays the premium and deductible of a workers’ compensation insurance policy on behalf of the subcontractor has the same immunity under the Workers’ Compensation Act as the subcontracting employer.
Disputed Trip and Fall on Loose Carpet Strip Trips Up Employer Despite Conflicting Evidence on Premises Defect/Arising Out Of, Injurious Practice, and Employability/Odd Lot Theory By Rick Turner February 2022 In its decision in Mt. Vernon School District No.80 v. IWCC, the appellate court reminded us that “arising out of” in the context of a fall on the employer’s premises is usually a question of fact and the standard of review is manifest weight, as is the question of whether the Commission appropriately found a claimant permanently totally disabled on an “odd lot” theory.
Editor’s Notes By Richard D. Hannigan April 2022 An introduction to the issue from the editor.
Editor’s Notes By Richard D. Hannigan February 2022 An introduction to the issue from the editor.
Employer’s Arguments Regarding Notice, Accident, and Causation Fail in Employee’s Repetitive Trauma Claim: Euclid Beverage Ltd. v. The Illinois Workers’ Compensation Comm’n By Candice E. Drew February 2022 A summary and analysis of Euclid Beverage Ltd. v. The Illinois Workers’ Compensation Comm’n, in which the claimant alleged that repetitive pushing, pulling, and lifting caused his current condition of ill-being in his left shoulder.
Greater Peoria Mass Transit District d/b/a Citylink v. The Illinois Workers’ Compensation Comm’n: An Analysis By Deborah Benzing April 2022 In Greater Peoria Mass Transit District d/b/a Citylink v. The Illinois Workers’ Compensation Comm’n, the sole issue presented in the appellate court appeal was whether the Commission properly determined that claimant’s condition of ill-being was causally related to a 2019 work accident.
Interview With Illinois Workers’ Compensation Commission Chair Michael Brennan By Richard D. Hannigan April 2022 An interview with the chair of the Illinois Workers' Compensation Commission.
Procedural Fumble Allows for Punt on Important Issue: Clifton Armstead v. National Freight, Inc. By Brittany N. Meeker February 2022 The recent Illinois Supreme Court opinion of Clifton Armstead v. National Freight, Inc. further muddies the waters on whether an employee who enters a settlement agreement under a workers’ compensation claim claiming only one type of injury can later come back and assert a third-party claim for a separate injury from the same occurrence.
The Respondent Has Paid Only Part of or None of the Award or Settlement Contract. What Are the Petitioner’s Options? By Richard D Hannigan February 2022 In Camilla Morse v. Casey’s General Store, the appellate court looks at the petitioner's options when the respondent has paid part or none of the award settlement contract.
Settling Workers’ Compensation Cases With Medicare Set-Asides and the Responsibility for Ongoing Reporting By Joseph K. Guyette April 2022 Settling a workers’ compensation case that includes a Medicare set-aside is a complicated process, often including lengthy contracts. 
The Unwritten Rule of Manifest Weight Cases: Is the Decision Well Supported in Southern Glazer’s Wine and Spirits of Illinois v. Illinois Workers’ Compensation Comm’n By Howard H. Ankin February 2022 In Southern Glazer’s Wine and Spirits of Illinois v. Illinois Workers’ Compensation Comm’n, a case involving the manifest weight of the evidence and repetitive trauma in spinal injury claims.
What Is Needed to Prove Odd-Lot Permanent Total Disability By Brad L. Badgley April 2022 If an employee’s disability is limited and it is not obvious that the employee is unemployable, the employee may nevertheless demonstrate an entitlement to permanent total disability by proving that he or she fits within the odd-lot category.