202002.12
0

I&F to Host March Seminar with the IL Chamber of Commerce on the Strategic Use of AMA Impairment Ratings

Attorney Allison Mecher will answer your questions about how and when to use Impairment Ratings in Illinois WC cases in a March 5, 2020 online seminar with the Illinois Chamber of Commerce. Register here.

202002.10
0

IL WC Update: I&F Prevails by proving Petitioner filed his Claim after statute of limitations expired

In this case, Petitioner was injured in an accepted, but unfiled, accident in 2016 when he slipped on ice and fell while walking on the roof of Respondent’s building. Petitioner underwent appropriate medical treatment and was released to return to full duty work. The last medical or indemnity benefit paid on this case was February…

202002.04
0

I&F to Host Seminar in IL on Recreational Marijuana’s Impact on the Workplace and Employers

On Tuesday Feb 18, 2020, Partner Colin Mills and attorney Michael Bantz from I&F’s Champaign office will be working with the Champaign County Chamber of Commerce to host a seminar addressing the impact of the new changes regarding cannabis legalization and effects on employers and the workplace. The seminar, entitled Recreational Marijuana’s Impact on Workplace and Employers, will run…

202002.03
0

IL WC UPDATE: New Accident While Seeking Treatment from Prior Accident Found Not Compensable

In 2019, the Third District Appellate Court issued a Rule 23 Decision in Gaytan v. The Illinois Workers’ Comp. Comm’n, 2019 IL App (3d) 180141WC-U, in which they found a petitioner’s second accident, suffered en route to treatment for the original accident, not to be compensable. The petitioner originally suffered an accepted accident that caused left…

202001.29
0

Indiana WC Update: Impact of the ODG Drug Formulary

We are now a year removed from Indiana’s adoption of the (the “Formulary”) and its overall impact on worker’s compensation claims remains somewhat uncertain.  This is true as it relates to litigating disputes over prescription drug approval and the broader impact on overall costs associated with worker’s compensation claims and reducing the opioid epidemic. In…

202001.23
0

Wisconsin WC Update – First responders will likely soon have an easier road to receiving benefits for PTSD

Current law makes it difficult for first responders in Wisconsin to receive workers’ compensation benefits for PTSD because benefits for PTSD are awarded only when an injured employee shows that PTSD resulted from a situation of greater dimension than the day-to-day mental stresses and tensions which all employees experience. This is known as the “greater…

202001.20
0

IL WC Update: I&F’s Allison Mecher Discusses Parking Lot Accidents

I&F’s Allison Mecher brings a timely Winter update with a discussion of parking lot slip and fall accidents.

202001.15
0

Michigan WC Update: Fringe Benefits and Average Weekly Wage – How does it all add up?

Calculating the average weekly wage (AWW) to determine wage loss benefits is a routine, but critical part of the worker’s compensation case analysis. While the benefit calculator simplifies the math, the decision to include or not to include certain line items in the AWW calculation can be a fluid evaluation. The method of calculating AWW…

202001.10
0

I&F Prevails on Appeal to Illinois Workers’ Compensation Commission in Carpal Tunnel Case

Attorney Allison Mecher prevailed in an appeal to the IWCC in defense of an alleged repetitive trauma claim. The claimant, an Administrative Assistant/Executive Assistant to the Sheriff, sought workers’ compensation benefits for repetitive trauma carpal tunnel syndrome related to her job duties. The claimant’s treating doctor diagnosed carpal tunnel syndrome requiring surgery, and causally related…

201908.29
0

I&F Prevails in Illinois WC Dispute over Light Duty Job Offer

Congratulations to Partner Jack Shanahan for an outstanding Illinois WC Arbitration result. In this case, the petitioner was injured in a confirmed accident in 2014 when a hand-jack rolled over her foot, causing immediate complaints of pain and need for treatment. Disputes arose shortly thereafter as to an offer of light duty work within petitioner’s restrictions, and…

201907.17
0

Wisconsin WC Update: LIRC Affirms Award of Permanent Total Disability

On June 28, 2019 the Labor and Industry Review Commission (LIRC) affirmed a decision of the administrative law judge awarding applicant permanent total disability. In Timothy J. Rothe v. Con-Way Freight, Inc. (LIRC, 2017-003735),  applicant filed an occupational disease claim alleging that his work exposure over a 25 year period caused or was a material contributory…

201906.05
0

IL Amends Exclusive Remedy Provisions of WC and OD Acts

On May 17, 2019, Governor JB Pritzker signed SB 1596 into law as Public Act 101-0006. The new law amends the Illinois Workers’ Compensation Act and the Occupational Diseases Act by removing the exclusive remedy provisions of those Acts as to employees whose latent work injuries manifest more than 25 years after the last date of…

201905.31
0

Illinois Will Soon Join a Growing List of States to Legalize Marijuana for Recreational Use – How Might This Impact Employers’ Rights?

For any of our readers keeping up with the local news, you will have noticed that Illinois is no longer “considering” or “discussing” whether it should legalize marijuana for recreational use just as 10 other states have done over the past several years.  As public opinion on the issue of legalization of recreational marijuana relaxes…

201903.15
1

IL Gov. Pritzker shakes up IWCC with New Appointments

Earlier today, Gov. Pritzker announced that he is appointing Michael Brennan as Chairman of the Illinois Workers’ Compensation Commission. He replaces Joan Fratiani-Atsaves. Other Commission appointments include two, new Public Commissioners. Moving up from her arbitrator position and replacing Mike Brennan is Barbara Flores. Josh Luskin is being replaced by Maria Portela. Both of the Labor Commissioners also…

201903.15
0

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
0

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
0

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
0

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
0

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. This exclusion…

201902.27
0

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
0

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…

201902.25
0

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…