202002.03
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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…

201812.17
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Facts Matter: IL Appellate Court Shows Importance of Thorough & Timely Accident Investigation

The Appellate Court recently affirmed a Commission decision that the petitioner had failed to prove an accident in ZENO PIECHOWICZ, Appellant, v. ILLINOIS WORKERS’ COMPENSATION COMMISSION et al., (E.B. Commercial, Inc.; Am.Prop. Mgmt. Co. of Illinois, Inc.; & Brittany Place Condo. Ass’n, Appellees)., 2018 IL App (1st) 171084WC-U.  A close look at this decision highlights…

201712.06
1

Illinois Average Weekly Wage: You Don’t Owe What You Don’t Know

The Illinois Appellate Court recently affirmed a Commission Decision in favor of respondent on the issue of whether a claimant’s concurrent wages as a pastor should be included as part of his average weekly wage calculations, in Bagwell v. Illinois Workers’ Comp. Comm’n (Nestle USA, Inc. ), 2017 IL App (4th) 160407WC, 84 N.E.3d 1149, 1151….

201711.15
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Illinois Appellate Court Revisits the issues of Traveling Employees and Increased Risk

A recent Illinois appellate decision, Kenaga v. Village of Hoffman Estates, 2017 IL App (1st) 161859WC-U, is interesting as it not only touches on a hot-button topic in the Workers’ Compensation field, but also for the analysis of the various courts involved. The claimant was a police officer for 24 years. As part of his duties,…

201603.01
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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…