Chiropractor’s Care Curbed by Arbitrator

In a recent case tried before the Illinois Workers’ Compensation Commission pursuant to Section 19(b) of the Act, G. Steven Murdock of our office secured a victory using a “full-duty, MMI” opinion from Dr. Richard Shermer.  The case involved a claimant who, following an accepted work accident, received conservative care for a lumbar spine injury…


I&F Scores a Victory in Repetitive Trauma Claim

Illinois employers are well-aware of the difficulties and expense posed by repetitive trauma claims.  Inman and Fitzgibbons is  happy to report that we recently prevailed at trial on just such a claim.   In this case, the petitioner, a counselor at a correctional facility, was claiming a right-sided carpal tunnel claim which required a surgical release. …


Appellate Court rules teacher’s AWW is calculated from 39-week school year in Washington District 50 Schools v. IWCC

In Washington District 50 Schools v. Illinois Workers’ Compensation Commission, (No. 3-08-0923WC Oct. 16, 2009), the Court affirmed a Workers’ Compensation Commission finding that ruled a school teacher that was paid an annual salary of $40,416.48 will have an average weekly wage of $1,036.32, based on the number of weeks (39) that she actually worked…


TTD and Employment Status: One View of the Post- Interstate Scaffolding Landscape

The Illinois Workers’ Compensation Commission recently affirmed an arbitrator’s denial of TTD benefits to a petitioner who was on light duty work restrictions during an economic layoff.  In Gonzalez v. ITT Industries, 2009 WL 5067488 (Ill. W.C. Comm. 2009), the petitioner injured his back after lifting a 200 pound box and his chiropractor placed him…


Circuit Court sets aside Permanent Total award and remands case back to Commission

In remanding the permanent and total disability award rendered by the Arbitrator and affirmed by the Commission the Circuit Court ruled that there was “a substantial sparsity of objective evidence . . . most, if not all of the physicians’ findings are based on petitioner’s subjective statements.” In this case, the petitioner, a 41-year old…


Supreme Court Orders Employers to Pay TTD to Terminated Employees in Interstate Scaffolding v. IWCC

Illinois employers now have to think twice about terminating an employee for any reason while the employee is working in a light duty fashion, unless it wants to continue to pay the employee temporary total disability benefits. On January 22, 2010, the Illinois Supreme Court issued its decision as to whether an employer’s obligation to…


Sixth Circuit Considers RICO Liability in WC Claims in Brown v. Cassens Transport Co.

We thought we would start off the New Year with a case that has important implications for those of us involved in worker’s compensation claims administration. The United States Supreme Court recently declined to review a decision from the 6th Circuit Court of Appeals holding that an employer who allegedly colluded with its doctors and…