201706.23
0

IL Special Legislative Session and Competing Workers’ Compensation Bills

Governor Bruce Rauner called a 10-day Special Session of the Illinois Legislature. The purpose of the Special Session is to address the on-going budget stalemate. In preparation for the Special Session, Republican Legislators unveiled a package of bills to address multiple issues, including Workers’ Compensation Reform. HB 4068 is the Republicans’ compromise bill in response…

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…

201706.08
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,…

201706.05
0

Recent Missouri Activity Appears Favorable for Employers

Employers in Missouri should expect a continued decrease in workers’ compensation insurance costs as the Missouri Department of Insurance has recently recommended a 4.6% decrease in workers’ compensation insurance loss costs for 2017.  The loss costs are intended to cover indemnity and medical payments for injured workers as well as expenses incurred for providing these…

201706.02
0

The Obstinate Children and the Illinois General Assembly

Having grown up in rural west central Illinois, surrounded by farmers and manufacturing laborers from John Deere and International Harvester, it was instilled in us even as children that we all have duties and responsibilities to make a contribution to our family, our community and the professions we serve.  As kids, these were “chores,” as…

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…

201705.30
0

Continuing Education Opportunity: I&F to Conduct Mock WC Trial with Illinois Chamber of Commerce – June 13, 2017

Please join us as we conduct a mock trial for an Illinois worker’s compensation case. We will demonstrate how to present a defense with strategic consideration of the burden of proof and evidentiary rules, and use of lay and expert witnesses. We will conduct direct and cross examination as well close proofs at the end…

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…

201705.18
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

Iowa Governor Signs WC Bill

Iowa Gov. Terry Branstad has signed a workers’ compensation bill that reduces benefits for injured workers, notably benefits for shoulder injuries, and decreases coverage for injuries tied to a pre-existing condition. A proposal to end permanent total disability benefits at age 67 was ultimately removed from measure, but Iowa Republicans added an amendment creating a…