I&F TO MERGE BLOG POSTS INTO WEBSITE UPDATES

In order to streamline our updates, educational posts, and announcements, Inman and Fitzgibbons will be publishing our new posts directly onto the firm’s website, which can be found here.If you were previously subscribed to our blog then you should receive email updates for all new posts on the firm’s website. Any new subscribers are welcome …

The Illinois Workers’ Compensation Commission Welcomes new Arbitrators

The IWCC has announced the appointment of three new Arbitrators: Roma Parikh Dalal Roma Parikh Dalal will serve as an Arbitrator on the Workers’ Compensation Commission.* Dalal has most recently served as a Partner at Wiedner & McAuliffe, LTD where she has provided professional legal assistance, advice and counsel on workers’ compensation related matters. Before …

IL COVID-19 Rebuttable Presumption Set to End

As Illinois employers and insurers are all too aware, during the January Session, the IL General Assembly approved HB 4276 and the Governor signed PA 101-653 into law which extended the COVID rebuttable presumption provision under the Workers’ Occupational Diseases Act to June 30, 2021. During the Spring Session, however, the legislature declined to allow …

IL Supreme Court to hear case involving Exclusive Remedy Provision

As always, we continue to monitor interesting cases or other cases that are important to our practice and clients that are working their way through the Illinois courts. An appellate court case dealing with the exclusive remedy provision was recently appealed to the Illinois Supreme Court. In Munoz v. Bulley LLC, the defendant entered into …

I&F Prevails on Review on Recommended Cervical Surgery and Bariatric Surgery

I&F attorney Michael Bantz secured his third favorable decision in the last year before the Illinois Workers' Compensation Commission (IWCC), in a case where the IWCC reversed the Arbitrator on the issues of whether the petitioner’s recommended cervical surgery and bariatric weight loss surgery were related to his accident.  The IWCC adopted the respondent’s arguments …

IL Workers’ Compensation & the Illinois Biometric Information Privacy Act (BIPA)

The Illinois Biometric Information Privacy Act (BIPA) went into effect in 2008. The Act is an effort to safeguard/regulate how private entities collect, use, and share biometric information and biometric identifiers. BIPA has been used to file class action lawsuits or attempted class action lawsuits against Facebook, Six Flags Amusement Park, ADP, Ritz Carlton, Panera, …

IL Worker’ Compensation: Finger Amputations

We have recently received several questions from our clients regarding the requirements for payment of statutory loss for finger amputations under the Illinois Workers’ Compensation Act. Section 8(e)(8) of the Act provides that the loss of the first or distal phalanx of a finger by amputation shall be considered the loss of 50% of that …

Illinois COVID – Workers’ Compensation, PEDA & Pension Code Update

As reported by our friends at the Illinois Chamber of Commerce, early this morning the General Assembly approved HB 4276 the extension of the COVID rebuttable presumption provision under the Workers’ Occupational Diseases Act through June 30, 2021. The measure also amends the Public Employee Disability Act providing that upon the occurrence of circumstances, directly …

Illinois: IWCC Commissioner Doug McCarthy Announces His Retirement

The Illinois Workers' Compensation Commission has reported that Commissioner Doug McCarthy has retired effective December 31, 2020, after a distinguished legal career. After many years in private practice, he first served as an Arbitrator, and was appointed as a Labor Commissioner by Governor JB Pritzker in 2019.   Commissioner McCarthy practiced law in Decatur from …

IL WC COVID Changes for Public Safety Employees

The Public Employees Disability Act (5 ILCS 345/1), known as PEDA, provides public safety employees up to 52 weeks of full salary if that person is injured in the line of duty. Tucked into SB 471, later signed into law by Governor Pritzker as Public Act 101-0651, PEDA was amended via House Amendment #3 to …

Illinois Workers’ Compensation Commission: Update on Emergency Procedures

The IWCC has provided notice that the November 13, 2020 Notice regarding In-Person Hearings Suspension is hereby extended until December 31, 2020. The initial notification was as follows:* There will be no in person Arbitration or Review hearings of any kind (subject to the announcement below). * There will be no pro se settlement hearings of any kind. * Virtual Review …

COVID Update: IL Workers’ Compensation Commission

The IWCC has issued notice that as of the close of business, 5:00 p.m., on Friday, November 13, 2020, all in person Hearings, of any kind, will be discontinued at the Illinois Workers’ Compensation Commission, at ALL venues. • There will be no in person Arbitration or Review hearings of any kind.• There will be …

Illinois WC COVID Update

As everyone with an interest in Illinois workers' compensation is aware, on June 5, 2020, Governor Pritzker signed into law HB 2455, which creates a rebuttable presumption of workers’ compensation coverage for first responders and front-line workers who are exposed to and contract COVID-19.  Business and labor representatives in Illinois have now agreed to extend the …

I&F’s Michael Bantz – Stacking Wins: Respondent Prevails by Establishing Unexplained Fall Did Not Arise Out of Employment

When we last heard from Attorney Michael Bantz - on Wednesday - we reported that he prevailed in a claim before the Illinois Workers’ Compensation Commission based on issues surrounding the petitioner’s credibility. He's chalked up another success story as he also recently succeeded in a Review Decision where the IWCC reversed the Arbitrator on …

I&F Prevails where Petitioner’s Credibility is an Issue

Attorney Michael Bantz recently won an Illinois Workers’ Compensation Commission Review Decision based on issues surrounding the petitioner’s credibility and allegations of an accident.  The petitioner alleged that he had fallen down 10-15 concrete stairs.  However, the timing of the petitioner’s allegations was raised a red flag, as on the very day of the accident …

Join I&F at the Illinois Chamber of Commerce

Join I&F Partner Kevin Deuschle on Wednesday, October 7, 2020 at the Illinois Chamber of Commerce for a comprehensive discussion of the handling and defense of a workers' compensation claim from the moment of accident through the Appellate Court. Kevin represents the firm's clients from I&F's Chicago office and has been with the firm since …

IL WC Alert: Supreme Court Analyzes Risk of Common Movements and Everyday Activities

It is not everyday that a workers’ compensation case makes it all the way to the Illinois Supreme Court and when it does, we take notice. McAllister v. The Illinois Workers’ Compensation Commission, et al, (North Pond, Appellee) is one such case that may have major ramifications on workers’ compensation claims in Illinois. In this …

IL WC Update: I&F Prevails where IME Puts the Brakes on Line Worker’s Claims

I&F recently received a very favorable arbitration decision from the IWCC in three consolidated cases. The petitioner worked on a processing line for our client, a poultry processing plant in Chicago. She alleged that she sustained multiple injuries to her cervical and lumbar spine, bilateral shoulders, left hip, and her bilateral thighs and knees, as …

Covid in the Workplace: Sen. Cornyn introduces Safe to Work Act

Here at Inman & Fitzgibbons, we constantly monitor both state and federal legislation that could impact workers’ compensation and employer issues. The federal SAFE TO WORK ACT, introduced by U.S. Senator John Cornyn, is one such bill. The purposes of the SAFE TO WORK ACT is to limit exposure to employers and provide broad protection …

Gov. Pritzker Announces Two Appointments to Illinois Workers’ Compensation Commission

Illinois Governor JB Pritzker announced the following appointments to the IWCC: Jeanne AuBuchon will serve as Arbitrator on the Workers’ Compensation Commission.* AuBuchon leads and is an attorney at AuBuchon Law, LLC. AuBuchon is a member of the American Bar Association, Illinois State Bar Association, St. Clair County Bar Association, East St. Louis Bar Association, …