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 … Continue reading IL COVID-19 Rebuttable Presumption Set to End
Inman Fitzgibbons updates
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 … Continue reading IL Supreme Court to hear case involving Exclusive Remedy Provision
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, … Continue reading IL Workers’ Compensation & the Illinois Biometric Information Privacy Act (BIPA)
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 … Continue reading I&F’s Michael Bantz – Stacking Wins: Respondent Prevails by Establishing Unexplained Fall Did Not Arise Out of Employment
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 … Continue reading I&F Prevails where Petitioner’s Credibility is an Issue
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 … Continue reading Join I&F at the Illinois Chamber of Commerce
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 … Continue reading IL WC Alert: Supreme Court Analyzes Risk of Common Movements and Everyday Activities
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 … Continue reading IL WC Update: I&F Prevails where IME Puts the Brakes on Line Worker’s Claims
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 … Continue reading Inman & Fitzgibbons, Ltd. Expands to Minnesota
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 … Continue reading IL WC Update: Thorough Accident Investigation leads to ruling in Respondent’s favor at Circuit Court
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 … Continue reading IL WC UPDATE: I&F Prevails where Petitioner found Not Credible
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 … Continue reading I&F Prevails where Petitioner is Unable to Prove Blue Face Discoloration related to Explosion at Work
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 … Continue reading I&F to Present on COVID-19 Issues with Champaign County Chamber of Commerce
Illinois WC Update: Agreement Reached regarding COVID-19 Rebuttable Presumption
According to the Illinois Manufacturer’s Association (IMA), a deal has been reached to address Covid-19’s impact on Illinois workers and the Illinois Workers’ Compensation Act. The proposed bill can be read in its entirety here, but here are a few of the salient points: Who: Covid-19 first-responders or front line workers meaning all individuals employed … Continue reading Illinois WC Update: Agreement Reached regarding COVID-19 Rebuttable Presumption
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 … Continue reading IL Workers’ Compensation Commission issues additional Emergency COVID-19 Amended Rules
I&F’s Position on the Illinois Workers’ Compensation Commission’s Emergency Rules Relating to COVID-19 Claims
On April 13, 2020, the Illinois Workers’ Compensation Commission adopted new Rules in Sections 9030.70(1) and (2) of the Rules of Practice before the Illinois Workers’ Compensation Commission to address workers infected with Covid-19. These rules created a rebuttable presumption that employees who contracted the COVID-19 illness did so in the course and scope of … Continue reading I&F’s Position on the Illinois Workers’ Compensation Commission’s Emergency Rules Relating to COVID-19 Claims
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 … Continue reading Slowed Down … not Shut Down: Resolving Cases During the COVID-19 Pandemic
I&F COVID-19 Update: A Message from I&F President G. Steven Murdock
Illinois Workers' Compensation Commission issues Update
The IL IWCC just issued the following update: Beginning Monday March 23, 2020, the Commission will move forward with the below Emergency Motion Call for EMERGENCY motions, ONLY. An “Emergency Arbitrator” will be available at the locations and on the dates and times set in the below schedule (this will be updated on a weekly … Continue reading Illinois Workers' Compensation Commission issues Update
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: … Continue reading Federal Legislative Response to Coronavirus Pandemic