201703.30
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Temporary Transitional Employment in Illinois

Transitional Temporary Employment plans or programs (TTE) are a tool used to address return to work issues. In these programs a third party vendor is typically used to locate temporary employment for the petitioner when their work restrictions cannot be accommodated by their employers. These programs come into play during two pivotal points in the…

201703.17
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I&F Presents 2016 Illinois Workers’ Compensation Case Law Year in Review Webinar

On February 16, 2017, Jynnifer Bates and Mark Carter hosted a webinar entitled “2016 Illinois Workers’ Compensation Case Law Year in Review” through the Illinois Chamber of Commerce. From case law to legislation, as well as the overall direction of the practice, they reviewed the landscape of Illinois WC law.  The webinar included a discussion…

201703.06
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A CMS Policy for LMSA Reviews is Imminent

The Centers for Medicare & Medicaid Services (CMS) recently issued documentation signaling that Liability Medicare Set-Asides (LMSAs) and No-Fault Medicare Set-Asides (NFMSAs) will be notated fields in CMS’ Common Working File. Effective October 1, 2017, Medicare Administrative Contractors will begin denying payment for services associated with an open LMSA or NFMSA record. The CMS Manual Update…

201702.17
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Refused Drug Test Results In No Benefits

As we discussed back in October 2016, Section 11 of the Act provides, in part, that there is a “rebuttable presumption that an employee was intoxicated and that the intoxication was the proximate cause of the injury if at the time of the injury the employee refuses to submit to testing of blood, breath, or…

201701.16
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Illinois Workers’ Compensation Commission Finds Psychologist Qualified under Section 12 of the Act to perform an Independent Medical Examination

Following petitioner’s objection to the scheduling of a comprehensive pain management IME, a hearing was held before the IWCC pursuant to I&F’s Motion to Compel and Enforce Rights Under Section 12.  This case was a long-settled matter in which petitioner retained his rights under Section 8(a) for future medical care.  At issue specifically was petitioner’s…

201701.11
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I&F Prevails where IWCC Arbitrator Finds Intervening Accident Breaks Chain of Causation

In an Illinois case recently tried by I&F Partner Colin Mills, the claimant was seeking over six months of medical benefits, as well as PPD benefits, resulting from a lifting injury that occurred while working as a nurse for the insured. However, the Arbitrator agreed with our position that the claimant’s treating medical records clearly…

201603.01
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Appellate Court provides new interpretation of Average Weekly Wage calculation

The Illinois Appellate Court recently held in ABF Freight System v. IWCC, 2015 IL App (1st) 141306WC, that the Commission was required to calculate AWW based solely on the wages from the position in which the claimant was working at the time of his accident. In this case, the claimant sustained an injury to his…

201602.19
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I&F’s Sonia Das prevails in pair of Indiana cases

Attorney Sonia Das, based out of I&F’s Indiana office, recently secured two favorable decisions on behalf of Indiana employers. In the first, a memorandum decision (not for publication), the Indiana Court of Appeals upheld the decision of the Full denying a claim that the insurance carrier acted with a lack of diligence in the handling…

201602.05
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IWCC unanimously affirms I&F win in claim filed by a tire technician

As previously reported, I&F defended a case in which the claimant alleged that removing and installing tires with an air gun, in conjunction with the use of a torque wrench to tighten nuts, resulted left carpal tunnel syndrome, lumbar radiculopathy, cervical radiculopathy, and left ulnar neuropathy.  Prior to trial, partner Scott McCain thoroughly investigated the petitioner’s…

201601.27
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Who Can Recover PPD after an injured worker Dies?

The Fourth District Appellate Court recently addressed the issue of who can obtain a PPD award when a case is litigated after the petitioner passes away. In Bell v. Illinois Workers’ Compensation Comm’n, 2015 IL App (4th) 140028WC, Ms. Nash, the injured employee and original claimant, reached MMI for her work-related injury on August 27,…