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 …

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, …

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 …

Inman & Fitzgibbons, Ltd. Expands to Minnesota

I&F is proud to announce that Partners Kristin Thomas and Allison Mecher had the honor of appearing (virtually) before Minnesota Supreme Court Justice Paul C. Thissen on July 21, 2020 to be sworn in to the Minnesota Bar. Allison and Kristin expand the firm’s practice to St. Paul, Minnesota, and will cover the entire state …

IL WC Update: Thorough Accident Investigation leads to ruling in Respondent’s favor at Circuit Court

In a case with exposure in excess of $150,000.00, I&F Attorney Frank Johnston prevailed in an appeal to the Circuit Court in defense of an alleged accident brought by a police officer. The Circuit Court agreed with the Arbitrator and Commission in finding that no accident took place. After years of litigation, Petitioner walked away …

IL WC UPDATE: I&F Prevails where Petitioner found Not Credible

Partner Scott McCain recently secured a victory for a nationwide rental car company. The case involved a driver involved in a motor vehicle accident while working. For more  than two years after the accident, petitioner received extensive treatment for the right knee , including surgery, as well as conservative treatment for the right hip and …

I&F Prevails where Petitioner is Unable to Prove Blue Face Discoloration related to Explosion at Work

In light of recent events, I&F is happy to report a return to the OLD normal as we recently obtained a “no liability” arbitration decision following a trial involving a petitioner who alleged that he sustained permanent skin discoloration due to an accident at work.  In this case, the petitioner, a mechanic employed by the …

I&F to Present on COVID-19 Issues with Champaign County Chamber of Commerce

Tomorrow morning I&F Partner Kevin Deuschle and Attorney Michael Bantz will host the following webinar along with the Champaign County Chamber of Commerce: COVID-19 and Workers’ Compensation Claims: What Employers Need to Know Thursday, May 28 from 9:00 - 10:30 a.m. This webinar will address the new workers’ compensation issues that employers will be confronting …

IL Workers’ Compensation Commission issues additional Emergency COVID-19 Amended Rules

The Illinois Workers’ Compensation Commission conducted an emergency public hearing by telephone yesterday afternoon to discuss further amendments to the Rules Governing Practice, specifically Commission Rule 9030.70, which they had amended on an emergency basis 2 days prior.  The result of the revised emergency rule is that any covered Illinois employer, private, public for-profit or …

Slowed Down … not Shut Down: Resolving Cases During the COVID-19 Pandemic

We have all been impacted by COVID-19 and this impact is being felt in both our personal and professional lives.  With “shelter in place” and “stay-at-home” orders issued by government entities across the Midwest—and throughout the country—we are experiencing closures of our favorite restaurants, businesses, and even our children’s schools. If you have been following …

I&F COVID-19 Update: A Message from I&F President G. Steven Murdock

https://videopress.com/v/E6g1WjP8?preloadContent=metadata

Federal Legislative Response to Coronavirus Pandemic

In what is likely to be the first of several actions, President Trump signed into law HR 6201 “Families First Coronavirus Response Act” on Wednesday, March 18, 2020. The first thing to note is that this bill only applies to employers with fewer than 500 employees. The bill impacts a number of employer related programs: …

A Message from I&F Regarding COVID-19 / Coronavirus

The spread of COVID-19 has obviously raised significant issues for employers throughout the world. Employers face uncertainty around what they can and should do to promote the health and well-being of their workforce while navigating federal, state, and local regulations and while considering rapidly changing government warnings and restrictions. Although the current circumstances will likely …

Workers’ Compensation Update: Coronavirus

These are obviously challenging times for employers across the country. Although there is much about this emerging pandemic that will call for navigating uncharted waters, the analysis of potential workers' compensation exposure need not be one of those issues. In Illinois, for example, The “Illinois Workers’ Occupational Diseases Act” (820 ILCS 310/) is one statute …

I&F Prevails in IL: Rolling Chair Found Not to be an Increased Risk

Inman & Fitzgibbons secured a “no liability” Arbitration Decision following a recent trial involving an employee who fell to the floor when a chair she went to sit on rolled out from under her. The employee was sitting onto the chair at a work station as she was picking up a telephone to take a …

I&F Prevails where Amending Application Backfires on Petitioner

In a recent Illinois case handled by I&F, the arbitrator held that Petitioner lacked credibility and denied all benefits.  Petitioner, a maintenance worker, had filed an original Application alleging a specific trauma shoulder injury from suddenly reaching and pulling in July 2014.  The event was not reported for a week, and the initial medical treatment (a hospitalization …