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
Illinois Workers’ Compensation Commission
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 … Continue reading I&F Prevails on Review on Recommended Cervical Surgery and Bariatric Surgery
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 … Continue reading IL WC COVID Changes for Public Safety Employees
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, … Continue reading Gov. Pritzker Announces Two Appointments to Illinois Workers’ Compensation Commission
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
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
IL WC COVID-19 UPDATE: Gov. Pritzker signs HB 2455 into law
As we have previously reported, legislation was introduced to address Covid-19’s impact on Illinois workers and the Illinois Workers’ Compensation Act. Earlier today, Gov. Pritzker signed HB 2455 into law as PA 101-633. The new public act makes a number of different changes to various laws, including workers' compensation. A summary of the changes can … Continue reading IL WC COVID-19 UPDATE: Gov. Pritzker signs HB 2455 into law
IL WC UPDATE: IWCC Issues Guidance for June Dockets
The Illinois Workers' Compensation Commission has issued the following Special Circumstance Arbitration Procedures and explanations to the Bar and Pro Se litigants: · Each Arbitrator’s June 2020 Monthly Status Calls will be conducted virtually, by WebEx. · Each Arbitrator’s WebEx telephone number and access code will be posted on the Commission’s website. · No less … Continue reading IL WC UPDATE: IWCC Issues Guidance for June Dockets
Illinois Workers’ Compensation Commission Repeals Emergency COVID19 Rules
Facing strong legal challenges to the new Emergency Rules providing a rebuttable presumption that COVID19 was contracted in the workplace for a huge class of Illinois workers, IWCC Chairman Brennan advised in an emergency meeting earlier today that the emergency amendments are being withdrawn due to the time and expense involved with the pending litigation. … Continue reading Illinois Workers’ Compensation Commission Repeals Emergency COVID19 Rules
Illinois Chamber of Commerce joins with Insurance Industry Groups to Oppose IWCC’s Emergency COVID19 Rules
Last evening, the Illinois Chamber of Commerce joined with The American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, Independent Insurance Agents of Illinois, and DRI to file an amicus brief in support of the temporary restraining order (TRO) that was filed yesterday. DRI is an association of defense attorneys and in-house counsel. The Amicus … Continue reading Illinois Chamber of Commerce joins with Insurance Industry Groups to Oppose IWCC’s Emergency COVID19 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
Illinois IWCC Issues Updated Hearing and Oral Argument Information
Michael J. Brennan, Chairman of the Illinois Workers’ Compensation Commission, issue the following message on Friday, April 10, 2020: Based upon the continuing National Emergency and Worldwide Pandemic created by the COVID-19 virus, as well as the lack of technological resources, the Illinois Workers’ Compensation Commission has suspended regular operations during the month of April … Continue reading Illinois IWCC Issues Updated Hearing and Oral Argument Information
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
IL Amends Exclusive Remedy Provisions of WC and OD Acts
On May 17, 2019, Governor JB Pritzker signed SB 1596 into law as Public Act 101-0006. The new law amends the Illinois Workers’ Compensation Act and the Occupational Diseases Act by removing the exclusive remedy provisions of those Acts as to employees whose latent work injuries manifest more than 25 years after the last date of…
IL Amends Exclusive Remedy Provisions of WC and OD Acts was originally published on Inman Fitzgibbons, Ltd.
IL Amends Exclusive Remedy Provisions of WC and OD Acts
On May 17, 2019, Governor JB Pritzker signed SB 1596 into law as Public Act 101-0006. The new law amends the Illinois Workers’ Compensation Act and the Occupational Diseases Act by removing the exclusive remedy provisions of those Acts as to employees whose latent work injuries manifest more than 25 years after the last date … Continue reading IL Amends Exclusive Remedy Provisions of WC and OD Acts
IL WC UPDATE: Slip on Stairs After Work Falls into Gray Area
The Appellate Court recently reversed a Commission decision and requested additional findings from the Commission. In MELANIE MARTIN, Appellant, v. THE ILLINOIS WORKERS' COMPENSATION COMMISSION et al., 2018 IL App (3d) 170344WC-U, the petitioner alleged an accident on January 6, 2015, after she had logged off of her computer at approximately 6 PM. She began … Continue reading IL WC UPDATE: Slip on Stairs After Work Falls into Gray Area
I&F Prevails as IL WC Arbitrator Awards a “Zero” for PPD and Orders TTD Credit for Employer
In a recent case before an arbitrator at the Illinois Workers’ Compensation Commission, Attorney Allison Mecher prevailed in defense of an alleged claim for permanent partial disability benefits for eye injuries. The claimant, a cook, alleged that he was pulling a grease scraper brush out of a cabinet and a cleaning chemical fell onto the … Continue reading I&F Prevails as IL WC Arbitrator Awards a “Zero” for PPD and Orders TTD Credit for Employer
Efforts to Increase Illinois Medical Fee Schedule Thwarted by the IWCC
Earlier this year, the Medical Fee Advisory Board to the Illinois Workers’ Compensation Commission passed a Motion (5-3) recommending that the IWCC increase certain medical CPT coded fees by 30%. Section 8.2 of the Illinois Workers’ Compensation Act grants the IWCC authority to make changes in the Fee Schedule when there exists “a significant limitation … Continue reading Efforts to Increase Illinois Medical Fee Schedule Thwarted by the IWCC
I&F Prevails as IL WC Arbitrator Finds that Routine Job Duties are Not Necessarily “Repetitive”
In a recent case before an arbitrator at the Illinois Workers’ Compensation Commission, Partner Steve Murdock prevailed in defense of an alleged claim for repetitive trauma, both on issues of accident and medical causal connection. Claimant alleged that as a machine operator for more than two decades on a packaging line she frequently used her … Continue reading I&F Prevails as IL WC Arbitrator Finds that Routine Job Duties are Not Necessarily “Repetitive”
Continuing Education Opportunity: I&F to Conduct Mock WC Trial with Illinois Chamber of Commerce – June 13, 2017
Please join us as we conduct a mock trial for an Illinois worker’s compensation case. We will demonstrate how to present a defense with strategic consideration of the burden of proof and evidentiary rules, and use of lay and expert witnesses. We will conduct direct and cross examination as well close proofs at the end … Continue reading Continuing Education Opportunity: I&F to Conduct Mock WC Trial with Illinois Chamber of Commerce – June 13, 2017
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