201708.17
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I&F Prevails where Illinois Appellate Court Upholds Finding that Firefighter’s Need for New Knee Not Related to Work Accident

Our office is pleased to report the receipt of a favorable Decision from the Illinois Appellate Court, First District.  In this case, the petitioner, a firefighter/paramedic, sustained a compensable work related accident injuring his right knee and underwent surgery.  Following surgery, therapy, and an FCE, his treating doctor found him at MMI. Four months later,…

201708.11
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Village’s Denial of PSEBA Benefits Upheld by Illinois Appellate Court

In Wilczak v. The Village of Lombard, 2016 IL App (2d) 160205 (December 5, 2016), the Second District Appellate Court affirmed a Village’s denial of benefits under the Illinois Public Employee Benefits Act (“PSEBA”) (820 ILCS 320/1, et seq.). Under PSEBA, Illinois municipalities and fire protection districts must provide lifetime health insurance benefits to public…

201708.01
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Smoking breaks, pigeons lead to the eventual death of a County Investigator and a cloudy workers’ compensation claim in Missouri

Terry Lankford brought a workers’ compensation claim in Missouri for the development of pneumonia and chronic obstructive pulmonary disease due to developing a breathing fungus and bacteria associated with pigeon droppings. Lankford, a heavy smoker, worked as an investigator for the county. He stated that when he started working for the county that he would…

201707.05
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IL Appellate Court Reevaluates Post-termination TTD

The Illinois Third District Appellate Court has taken another look at whether TTD is warranted when a claimant with restrictions is fired.   In the recent case of Holocker v. Illinois Workers’ Comp. Comm’n, 2017 IL App (3d) 160363WC, the Court found that the claimant’s restrictions did not significantly interfere with his ability to find a…

201706.22
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Missouri WC Repetitive Trauma Update – Statute of Limitations: When does the clock start ticking?

There are often issues relating to the statute of limitations in carpal tunnel and other repetitive trauma cases.  When does the clock actually start ticking?  The Missouri Court of Appeals recently addressed this exact issue in the case of Lisa Cook v. Missouri Highway & Transportation Commission.   The claimant worked as a secretary for a government…

201706.14
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Indiana Employer and Its Subsidiaries Protected by the Exclusive Remedies Provision of the Act

In Brenda Hall v. Dallman Contractors, LLC, 51 N.E.3d 261 (2016), the Indiana Court of Appeals recently addressed whether an employee could pursue a negligence action against a subsidiary of AT&T, Inc., after she had already received a worker’s compensation settlement from her employer, Ameritech.  The Court of Appeals answered in the negative, barring further…

201706.08
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Illinois WC Alert – Rebutting the 6(f) Presumption

The Appellate Court recently issued a decision that clarifies how to apply the rebuttable presumptions referred to in section 6(f) of the Illinois WC Act, when firefighters and various medical professionals are diagnosed with hernias, hearing loss, or “any bloodborne pathogen, lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis,…

201705.31
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I&F Prevails in IL Claim where Medical Records Contradict Petitioner’s Testimony

I&F recently prevailed at arbitration in an Illinois WC claim with a ruling that saves the employer thousands of dollars. The petitioner, a laborer, suffered a work injury to his forearm. After a course of physical therapy and activity modification, he was discharged from care. The petitioner did not seek additional treatment for almost a year, and…

201705.26
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I&F Prevails in IL Claim as Petitioner’s Bilateral Carpal Tunnel Held Unrelated to Work Duties

I&F recently prevailed in a trial over the disputed issue of the Petitioner’s bilateral carpal tunnel conditions.  The Petitioner alleged that her diagnoses and surgeries were due to repetitive trauma from her work as an English Teacher.  The petitioner testified that her duties during the school day required her to use her hands for attendance, grades,…

201705.25
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Missouri Commission Finds Horseplay Equals No Pay

Both in Missouri and in Illinois, accidents caused by horseplay in the workplace are usually not compensable.  Horseplay or “goofing off” is generally not acceptable behavior in the workplace as it may result in injuries to the employees.  It commonly has nothing to do with furthering the interests of the employer.  Generally, an employee actively…