202001.29
0

Indiana WC Update: Impact of the ODG Drug Formulary

We are now a year removed from Indiana’s adoption of the (the “Formulary”) and its overall impact on worker’s compensation claims remains somewhat uncertain.  This is true as it relates to litigating disputes over prescription drug approval and the broader impact on overall costs associated with worker’s compensation claims and reducing the opioid epidemic. In…

202001.23
0

Wisconsin WC Update – First responders will likely soon have an easier road to receiving benefits for PTSD

Current law makes it difficult for first responders in Wisconsin to receive workers’ compensation benefits for PTSD because benefits for PTSD are awarded only when an injured employee shows that PTSD resulted from a situation of greater dimension than the day-to-day mental stresses and tensions which all employees experience. This is known as the “greater…

202001.20
0

IL WC Update: I&F’s Allison Mecher Discusses Parking Lot Accidents

I&F’s Allison Mecher brings a timely Winter update with a discussion of parking lot slip and fall accidents.

202001.15
0

Michigan WC Update: Fringe Benefits and Average Weekly Wage – How does it all add up?

Calculating the average weekly wage (AWW) to determine wage loss benefits is a routine, but critical part of the worker’s compensation case analysis. While the benefit calculator simplifies the math, the decision to include or not to include certain line items in the AWW calculation can be a fluid evaluation. The method of calculating AWW…

202001.10
0

I&F Prevails on Appeal to Illinois Workers’ Compensation Commission in Carpal Tunnel Case

Attorney Allison Mecher prevailed in an appeal to the IWCC in defense of an alleged repetitive trauma claim. The claimant, an Administrative Assistant/Executive Assistant to the Sheriff, sought workers’ compensation benefits for repetitive trauma carpal tunnel syndrome related to her job duties. The claimant’s treating doctor diagnosed carpal tunnel syndrome requiring surgery, and causally related…

201908.29
0

I&F Prevails in Illinois WC Dispute over Light Duty Job Offer

Congratulations to Partner Jack Shanahan for an outstanding Illinois WC Arbitration result. In this case, the petitioner was injured in a confirmed accident in 2014 when a hand-jack rolled over her foot, causing immediate complaints of pain and need for treatment. Disputes arose shortly thereafter as to an offer of light duty work within petitioner’s restrictions, and…

201907.17
0

Wisconsin WC Update: LIRC Affirms Award of Permanent Total Disability

On June 28, 2019 the Labor and Industry Review Commission (LIRC) affirmed a decision of the administrative law judge awarding applicant permanent total disability. In Timothy J. Rothe v. Con-Way Freight, Inc. (LIRC, 2017-003735),  applicant filed an occupational disease claim alleging that his work exposure over a 25 year period caused or was a material contributory…

201906.05
0

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…

201905.31
0

Illinois Will Soon Join a Growing List of States to Legalize Marijuana for Recreational Use – How Might This Impact Employers’ Rights?

For any of our readers keeping up with the local news, you will have noticed that Illinois is no longer “considering” or “discussing” whether it should legalize marijuana for recreational use just as 10 other states have done over the past several years.  As public opinion on the issue of legalization of recreational marijuana relaxes…