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…

202002.10
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…

202002.04
0

I&F to Host Seminar in IL on Recreational Marijuana’s Impact on the Workplace and Employers

On Tuesday Feb 18, 2020, Partner Colin Mills and attorney Michael Bantz from I&F’s Champaign office will be working with the Champaign County Chamber of Commerce to host a seminar addressing the impact of the new changes regarding cannabis legalization and effects on employers and the workplace. The seminar, entitled Recreational Marijuana’s Impact on Workplace and Employers, will run…

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…

202001.29
0

Indiana WC Update: Impact of the ODG Drug Formulary

We are now a year removed from Indiana’s adoption of the (the “Formulary”) and its overall impact on worker’s compensation claims remains somewhat uncertain.  This is true as it relates to litigating disputes over prescription drug approval and the broader impact on overall costs associated with worker’s compensation claims and reducing the opioid epidemic. In…

202001.23
0

Wisconsin WC Update – First responders will likely soon have an easier road to receiving benefits for PTSD

Current law makes it difficult for first responders in Wisconsin to receive workers’ compensation benefits for PTSD because benefits for PTSD are awarded only when an injured employee shows that PTSD resulted from a situation of greater dimension than the day-to-day mental stresses and tensions which all employees experience. This is known as the “greater…

202001.20
0

IL WC Update: I&F’s Allison Mecher Discusses Parking Lot Accidents

I&F’s Allison Mecher brings a timely Winter update with a discussion of parking lot slip and fall accidents.

202001.15
0

Michigan WC Update: Fringe Benefits and Average Weekly Wage – How does it all add up?

Calculating the average weekly wage (AWW) to determine wage loss benefits is a routine, but critical part of the worker’s compensation case analysis. While the benefit calculator simplifies the math, the decision to include or not to include certain line items in the AWW calculation can be a fluid evaluation. The method of calculating AWW…

202001.10
0

I&F Prevails on Appeal to Illinois Workers’ Compensation Commission in Carpal Tunnel Case

Attorney Allison Mecher prevailed in an appeal to the IWCC in defense of an alleged repetitive trauma claim. The claimant, an Administrative Assistant/Executive Assistant to the Sheriff, sought workers’ compensation benefits for repetitive trauma carpal tunnel syndrome related to her job duties. The claimant’s treating doctor diagnosed carpal tunnel syndrome requiring surgery, and causally related…