201906.05
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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…

201903.15
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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
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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…

201903.07
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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…

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…

201601.27
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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,…

201406.26
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Section 5(a) of the Illinois WC Act Recently Amended

Section 5(a) of the Illinois WC Act was recently amended, removing the exemption from civil liability of “any service organization retained by the employer . . .to provide safety service, advice or recommendations for the employer.”  The new law now allows an injured worker to sue such an entity, unless the entity is “wholly owned…

201404.14
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Municipal Employees – Appellate Court Considers the Overlap between (some) Duty Disability & WC Claims

A recent appellate court ruling discussed the interaction of the Worker’s Compensation Act with the Pension Code as it relates to work injuries sustained by firefighters and, by inference, policeman.  In The City of Chicago v. Illinois Workers’ Compensation Commission, 2014 IL App (1st) 121507 WC (January 6, 2014), the claimant suffered kidney failure while undergoing training…

201404.07
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Legislative Update: “Major Contributing Cause” Measure Advances in IL House

According to our friends at the Illinois Chamber of Commerce, HB 6218 was sent to the House Labor Committee earlier this week. HB 6218 amends the Workers’ Compensation Act and establishes a new causation standard.  In addition to defining the terms “accident” and “injury,” the bill provides that “injury” includes the aggravation of a pre-existing condition…

201305.10
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Pork, Sausage, & WC Legislation

A legislative update for our clients and Illinois employers and insurers from Partner G. Steven Murdock: There is a well-known axiom that says, “Those with a taste for the law and sausage should not ask how either one is made.” As Inman & Fitzgibbons continues to monitor the activities of the General Assembly for any…