202004.16
0

IL Workers’ Compensation Commission issues additional Emergency COVID-19 Amended Rules

The Illinois Workers’ Compensation Commission conducted an emergency public hearing by telephone yesterday afternoon to discuss further amendments to the Rules Governing Practice, specifically Commission Rule 9030.70, which they had amended on an emergency basis 2 days prior.  The result of the revised emergency rule is that any covered Illinois employer, private, public for-profit or…

202003.20
0

Illinois Workers’ Compensation Commission issues Update

The IL IWCC just issued the following update: Beginning Monday March 23, 2020, the Commission will move forward with the below Emergency Motion Call for EMERGENCY motions, ONLY. An “Emergency Arbitrator” will be available at the locations and on the dates and times set in the below schedule (this will be updated on a weekly…

202003.06
0

I&F Prevails in IL: Rolling Chair Found Not to be an Increased Risk

Inman & Fitzgibbons secured a “no liability” Arbitration Decision following a recent trial involving an employee who fell to the floor when a chair she went to sit on rolled out from under her. The employee was sitting onto the chair at a work station as she was picking up a telephone to take a…

202002.28
0

I&F Prevails where Amending Application Backfires on Petitioner

In a recent Illinois case handled by I&F, the arbitrator held that Petitioner lacked credibility and denied all benefits. Petitioner, a maintenance worker, had filed an original Application alleging a specific trauma shoulder injury from suddenly reaching and pulling in July 2014.  The event was not reported for a week, and the initial medical treatment (a hospitalization…

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…

202002.03
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…

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…

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…