Illinois Workers’ Compensation Commission Finds Psychologist Qualified under Section 12 of the Act to perform an Independent Medical Examination

Following petitioner's objection to the scheduling of a comprehensive pain management IME, a hearing was held before the IWCC pursuant to I&F's Motion to Compel and Enforce Rights Under Section 12.  This case was a long-settled matter in which petitioner retained his rights under Section 8(a) for future medical care.  At issue specifically was petitioner's …

I&F Prevails where IWCC Arbitrator Finds Intervening Accident Breaks Chain of Causation

In an Illinois case recently tried by I&F Partner Colin Mills, the claimant was seeking over six months of medical benefits, as well as PPD benefits, resulting from a lifting injury that occurred while working as a nurse for the insured. However, the Arbitrator agreed with our position that the claimant’s treating medical records clearly …

The State of Social Media and “News”: A Message from the Vice-President of I&F

Happy New Year 2017! If any of you are like me, the flood of “news” we received on through social media in 2016 left my head spinning and created a new level of frustration with what is clearly uninformed and irresponsible “reporting.”  Countless times over the past several months, I’ve had to debate with people …

Japanese Insurance Company to Replace Claim Reps with Artificial Intelligence

According to The Guardian, Japanese carrier Fukoku Mutual Life Insurance is replacing 34 employees with a system that is based on IBM’s Watson Explorer. It is said that the system “possesses cognitive technology that can think like a human”, and will “analyze and interpret all of [their] data, including unstructured text, images, audio and video”. It will …

Independent Contractor vs. Employee: Control is Key for Determining Employment Relationship in Illinois

Salvador Esquinca injured his back as a result of a motor vehicle accident on April 29, 2010.  The employer, Romar Transportation Systems, Inc., denied benefits and argued that the claimant was an independent contractor.  As an independent contractor, the claimant would not be entitled to the protection of the Illinois Workers’ Compensation Act.  The Arbitrator …

Matching Contributions to 401(k) not included in Wage Calculation in Iowa

The Iowa Supreme Court, in an issue of first impression,  recently held that an employer's matching contributions to an employee’s 401(k) plan are not part of weekly earnings for wage and benefit rate purposes.  Evenson v. Winnebago Industries, No. 14-2097 (Iowa June 3, 2016) The deputy commissioner had initially held  the employer contributions to the employee’s …