201903.15
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SB1596 Passes the Illinois House of Representatives

Following our prior post regarding this piece of legislation, we can now report that on March 14, 2019, the Illinois House of Representatives passed SB1596 on a 70-40-1partisan roll call.  Several key issues that Rep. Jay Hoffman (D-Collinsville), one of the sponsors of the Bill, clarified in debate were: 1) the legislation only applies to individuals diagnosed after…

201903.14
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Illinois Work Comp Back on the Table with IL SB1596

This Bill amends the Illinois Workers’ Compensation Act and the Workers’ Occupational Diseases Act. The Bill provides that certain specific Sections of the Acts limiting recovery do not apply to injuries or death caused by an occupational disease as to which the recovery of compensation benefits under the Acts would be precluded due to the…

201903.08
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Wisconsin Chamber of Commerce urges Governor to Reconsider Proposed Decriminalization of Recreational Marijuana

In a February press conference outlining his state budget, Wisconsin Gov. Tony Evers proposed overhauling the state’s marijuana laws to make the drug’s medical use legal, decriminalize possession, and align the state’s laws on CBD oil with federal standards. In his proposal, the governor also laid out his plan to decriminalize the possession, production or distribution of…

201903.07
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The Illinois General Assembly Takes a Fast and Hard Aim at the WC and OD Acts

It was not front and center on Governor Pritzker’s platform that he would be looking to push changes to the Illinois Workers’ Compensation Commission personnel or procedures or pushing for changes to the Illinois Workers’ Compensation Act or Occupational Disease Act, but there were and continue to be quiet discussions at the IWCC and in…

201902.27
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Illinois: Injuries Sustained During Voluntary Recreational Programs

According to Section 11 of the Illinois Workers Compensation Act, accidental injuries incurred while participating in voluntary recreational programs – including but not limited to athletic events, parties, and picnics – do not arise out of and in the course of the employment even though the employer pays some or all of the cost thereof….

201902.26
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Idiopathic Fall onto Level Floor Might Be Compensable in Iowa

The Iowa Supreme Court has recently rendered an opinion on an issue of first impression –  compensability for an idiopathic fall on a hard floor, resulting in head injuries, (Bluml v. Dee Jay’s Inc. No. 18-0317, Nov. 16, 2018).  Claimant, a fast food employee was handling a customer order when he suffered a seizure and fell backwards…

201901.20
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I&F Prevails where Illinois Arbitrator finds No Compensable Accident

I&F Attorney Michael Bantz obtained a successful result in recent litigation, where the Petitioner’s fall was found not to arise out of her employment. The Petitioner testified at trial that she had fallen on the stairs that led into the correctional facility where she worked.  She further testified that she had been carrying bags in…

201712.21
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Efforts to Increase Illinois Medical Fee Schedule Thwarted by the IWCC

Earlier this year, the Medical Fee Advisory Board to the Illinois Workers’ Compensation Commission passed a Motion (5-3) recommending that the IWCC increase certain medical CPT coded fees by 30%.  Section 8.2 of the Illinois Workers’ Compensation Act grants the IWCC authority to make changes in the Fee Schedule when there exists “a significant limitation…

201712.20
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Missouri Alert: Another Reason to Make Sure Your New Employee is Not Undocumented

The Missouri Division of Workers’ Compensation has recently issued a decision involving an illegal immigrant.  In this case, the 34-year old claimant with an 8th grade education fell off a ladder sustaining injuries to his legs, feet, ankles and back.  He was diagnosed with compression fractures requiring the daily use of narcotics to control this pain….