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…

201704.11
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I&F Illinois Legislative Update

In addition to our regular duties defending employers and insurers across the Midwest, I&F maintains a dedicated Legislative Watch Group that stays up to date on all relevant legislative and administrative matters in the jurisdictions in which we practice. Although we are still waiting for a state budget(!), Illinois legislators are managing to stay busy…

201703.30
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Temporary Transitional Employment in Illinois

Transitional Temporary Employment plans or programs (TTE) are a tool used to address return to work issues. In these programs a third party vendor is typically used to locate temporary employment for the petitioner when their work restrictions cannot be accommodated by their employers. These programs come into play during two pivotal points in the…

201703.27
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I&F Presents to Hotel Human Resources Association of Chicago

Inman & Fitzgibbons, Ltd. attorneys Steve Murdock and Allison Mecher recently presented to the Hotel Human Resources Association of Chicago on two topics related to Illinois Workers’ Compensation Law. They first presented on the topic of “Accident Investigation,” covering the basics of Illinois Workers’ Compensation Law, discussing best practices for accident investigation, and providing useful tips…

201703.17
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I&F Presents 2016 Illinois Workers’ Compensation Case Law Year in Review Webinar

On February 16, 2017, Jynnifer Bates and Mark Carter hosted a webinar entitled “2016 Illinois Workers’ Compensation Case Law Year in Review” through the Illinois Chamber of Commerce. From case law to legislation, as well as the overall direction of the practice, they reviewed the landscape of Illinois WC law.  The webinar included a discussion…

201703.15
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Elimination of WC Review Board Sought by Governor Walker of Wisconsin

On February 8, 2017 Wisconsin Governor Scott Walker  submitted his 2017-2019 budget recommendations under Assembly Bill 64 and Senate Bill 30.  Therein, Governor Walker has proposed the elimination of the State’s Labor and Industry Review Commission (LIRC). Under current law, administrative law judge workers’ compensation decisions can be appealed to the LIRC, which is a…

201703.06
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A CMS Policy for LMSA Reviews is Imminent

The Centers for Medicare & Medicaid Services (CMS) recently issued documentation signaling that Liability Medicare Set-Asides (LMSAs) and No-Fault Medicare Set-Asides (NFMSAs) will be notated fields in CMS’ Common Working File. Effective October 1, 2017, Medicare Administrative Contractors will begin denying payment for services associated with an open LMSA or NFMSA record. The CMS Manual Update…

201703.06
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New Appointments to the Illinois Workers’ Compensation Commission

Governor Rauner has appointed Ms. Deborah Simpson and Ms. L. Elizabeth Coppoletti to the Illinois Workers’ Compensation Commission. Commissioner Simpson will be assuming the vacancy on Panel C but handling the case load formerly assigned to Commissioner White.  Commissioner Coppoletti will be assuming the vacancy on Panel B but handling the case load formerly assigned to Commissioner Basurto.

201702.27
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Update on Illinois Workers’ Compensation Reform

At Inman & Fitzgibbons, our Legislative Watch Group continues to monitor pending legislation in Springfield and, when the opportunity arises, we provide input through the Illinois Chamber’s Workers’ Compensation Committee on language contained within proposed legislation and input on what issues should or need not be addressed in the current efforts to continue reform of…

201702.24
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WCRI Study Shows High Worker’s Compensation Medical Costs in Wisconsin

According to a recent study from the Worker’s Compensation Research Institute (WCRI) comparing the price of providing worker’s compensation treatment in 31 large American states,  Wisconsin stands apart as far as the cost of treating injured workers. The study revealed that Wisconsin’s treatment prices were the highest of all the 31 states. To be sure,…

201702.17
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Refused Drug Test Results In No Benefits

As we discussed back in October 2016, Section 11 of the Act provides, in part, that there is a “rebuttable presumption that an employee was intoxicated and that the intoxication was the proximate cause of the injury if at the time of the injury the employee refuses to submit to testing of blood, breath, or…

201702.10
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Illinois General Assembly Revisiting Illinois Workers’ Compensation Reform . . . or Is It?

An update from Partner G. Steven Murdock and the I&F Legislative Watch Committee: As the battle of Rauner vs. Madigan continues in Springfield over pension reform and the state budget, one may think that workers’ compensation reform, one of the priorities on Rauner’s Turnaround Agenda, has been lost in the mix.  Well, one would be…

201701.16
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Illinois Workers’ Compensation Commission Finds Psychologist Qualified under Section 12 of the Act to perform an Independent Medical Examination

Following petitioner’s objection to the scheduling of a comprehensive pain management IME, a hearing was held before the IWCC pursuant to I&F’s Motion to Compel and Enforce Rights Under Section 12.  This case was a long-settled matter in which petitioner retained his rights under Section 8(a) for future medical care.  At issue specifically was petitioner’s…

201701.11
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I&F Prevails where IWCC Arbitrator Finds Intervening Accident Breaks Chain of Causation

In an Illinois case recently tried by I&F Partner Colin Mills, the claimant was seeking over six months of medical benefits, as well as PPD benefits, resulting from a lifting injury that occurred while working as a nurse for the insured. However, the Arbitrator agreed with our position that the claimant’s treating medical records clearly…

Inman & Fitzgibbons launch new website!
201603.01
1

Inman & Fitzgibbons launch new website!

Inman & Fitzgibbons, Ltd. have a new Website! Combining our long-serving website with our existing WordPress.com blog, we’ve combined both these resources into a single entity. The new website features all the previous content plus many new and expanded features, all in a sparkly new interface, available for PC, Tablet and Mobile viewing. We believe…

201603.01
0

Appellate Court provides new interpretation of Average Weekly Wage calculation

The Illinois Appellate Court recently held in ABF Freight System v. IWCC, 2015 IL App (1st) 141306WC, that the Commission was required to calculate AWW based solely on the wages from the position in which the claimant was working at the time of his accident. In this case, the claimant sustained an injury to his…

201602.19
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I&F’s Sonia Das prevails in pair of Indiana cases

Attorney Sonia Das, based out of I&F’s Indiana office, recently secured two favorable decisions on behalf of Indiana employers. In the first, a memorandum decision (not for publication), the Indiana Court of Appeals upheld the decision of the Full denying a claim that the insurance carrier acted with a lack of diligence in the handling…

201602.16
0

Sonia Das named Indiana Super Lawyer

I&F congratulates Sonia Das of our Indiana office for being named to the 2016 Indiana Super Lawyers list.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The Super Lawyers list recognizes no more than five percent of attorneys in each…

201602.08
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Inman & Fitzgibbons announces Jynnifer Bates as Partner

Inman & Fitzgibbons is pleased to announce that Jynnifer Bates has become a partner with the firm. She has served as associate attorney with our firm in the Chicago office since 2007 after graduating from The Ohio State University Michael E. Moritz College of Law.  We congratulate her on this achievement and wish her continued success . Please…

201602.05
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IWCC unanimously affirms I&F win in claim filed by a tire technician

As previously reported, I&F defended a case in which the claimant alleged that removing and installing tires with an air gun, in conjunction with the use of a torque wrench to tighten nuts, resulted left carpal tunnel syndrome, lumbar radiculopathy, cervical radiculopathy, and left ulnar neuropathy.  Prior to trial, partner Scott McCain thoroughly investigated the petitioner’s…

201602.01
0

I&F to Present at Illinois Chamber’s HR Training Seminar

As an Illinois workers’ compensation defense attorney for the past 19 years, G. Steven Murdock of Inman & Fitzgibbons has not yet seen it all, but he and his firm have seen many claims handling mistakes, mistaken assumptions of law, and obligation oversights in the handling of claims by employers, carriers and third-party claims administrators. In this 90-minute…

201601.27
0

Who Can Recover PPD after an injured worker Dies?

The Fourth District Appellate Court recently addressed the issue of who can obtain a PPD award when a case is litigated after the petitioner passes away. In Bell v. Illinois Workers’ Compensation Comm’n, 2015 IL App (4th) 140028WC, Ms. Nash, the injured employee and original claimant, reached MMI for her work-related injury on August 27,…