201706.22
0

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
0

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
0

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
0

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
0

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
0

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…

201705.22
0

I&F Upholds Prior Victories in Appeal before Madison County (IL) Circuit Court

Partner Kevin Deuschle previously obtained wins at Arbitration and before the Commission, awarding no benefits to the petitioner, in a case involving an allegedly work-related torn meniscus and eventual total knee replacement. The Petitioner had worked as a truck driver for the Respondent and testified that he stepped out and of his truck and down,…

201705.18
0

WI Supreme Court takes first look at 2013 law that disqualifies claimants from receiving unemployment benefits for “substantial fault.”

The May 4, 2017 Wisconsin Supreme Court decision in Lela Operton v. LIRC, 2017 WI 46, highlights the need going forward for employers denying unemployment benefits to present evidence that employee errors resulting in termination were not inadvertent. In Lela Operton v. LIRC, 2017 WI 46,  the Court interpreted, for the first time, a 2013…

201705.16
0

Indiana Court of Appeals Holds Termination of Employment does NOT Bar Entitlement to TTD Benefits in Indiana

The Indiana Court of Appeals recently weighed in on an issue that could prove troublesome for Indiana employers.  In March, the Court addressed the issue of whether an injured employee was entitled to temporary total disability (“TTD”) benefits after being terminated for misconduct on the job.  Both the Indiana Worker’s Compensation Board and the Court…

201704.18
0

IL WC Update: Taking the “Voluntary” out of Voluntary Recreation Programs

Pursuant to Section 11 of the Illinois Workers’ Compensation Act, accidental injuries incurred while participating in “voluntary recreation programs” do not arise out of and in the course of one’s employment.  Section 11 even provides some examples of voluntary recreation activities that might be subject to this exclusion such as participation in “athletic events, parties…