201706.23
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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…

201706.08
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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,…

201706.02
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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
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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
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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…

201705.26
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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,…

201705.22
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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,…

201705.10
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Illinois WC Legislative Update – May, 2017

The Illinois Legislature has been busy with Workers’ Compensation related bills and we have been busy keeping our readers up to date. There are 3 bills that we have been following, and we want to take a few minutes to bring to our readers’ attention: HB 2622 – Creates a non-profit, taxpayer funded mutual insurance…

201704.26
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I&F and Illinois Chamber of Commerce present “The Life of a Workers’ Compensation Claim”

Inman & Fitzgibbons, Ltd. attorneys Allison P. Mecher and Lauren L. Waninski recently presented “The Life of a Workers’ Compensation Claim” to the Illinois Chamber of Commerce. In this presentation, they discussed the intricacies of handling a litigated workers’ compensation claim before the Illinois Workers’ Compensation Commission from start to finish, as well as what to expect…

201704.18
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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…