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…

201706.22
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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
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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,…

201706.05
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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…

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…

201705.16
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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…

201705.16
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Indiana Court of Appeals Holds Termination of Employment does NOT Bar Entitlement to TTD Benefits in Indiana

The Indiana Court of Appeals recently weighed in on an issue that could prove troublesome for Indiana employers.  In March, the Court addressed the issue of whether an injured employee was entitled to temporary total disability (“TTD”) benefits after being terminated for misconduct on the job.  Both the Indiana Worker’s Compensation Board and the Court…

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…