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…

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…

201812.11
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Credits for Loss of Use of the Arm in Illinois after Will County Forest Preserve

“Will County Forest Preserve.” The very mention of this case  – in which the Illinois Supreme Court held that the shoulder was  to be classified as loss of the person as a whole – is enough to get a reaction from just about any Illinois WC defense attorney given that it had a significant impact on the ability…

201812.03
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*Important Changes to IL WC Act

Earlier this year, both the Illinois House and Senate passed SB 904, a bill that made changes related to the payment of medical services under the Workers’ Compensation Act. The major change was related to the charging of interest for unpaid medical bills by allowing medical providers to go to Circuit Court to obtain relief…

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…