201901.10
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I&F Prevails as Arbitrator finds No Compensable Accident

I&F Attorney Michael Bantz obtained a successful result in recent litigation, where the Petitioner’s fall was found not to arise out of her employment.  The Petitioner testified at trial that she had fallen on the stairs that led into the correctional facility where she worked.  She further testified that she had been carrying bags in…

201812.18
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Inman & Fitzgibbons Prevails as Illinois Workers’ Compensation Commission Reverses Arbitration Decision on Review

In a case that once again reminds us of the importance of a thorough medical investigation, a favorable decision was received by Associate Attorney Lauren L. Waninski following Respondent’s appeal of an Arbitrator’s decision in petitioner’s favor. After an Arbitrator found a medical causal connection between the Petitioner’s bilateral thumb injuries and his work as…

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…

201812.13
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Facts Matter: Another Illinois WC Stair Case

Accidents that involve stairs are a common occurrence for employers and we will continue to highlight interesting cases that can be used as a framework for disputing these types of accidents, where appropriate. For example, Williams v. Illinois Workers’ Compensation Commission, 2016 Ill. App. 4th 150126 (Ill. App. Ct. 2016), provides an excellent summary of…

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…

201808.31
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Battling the Opioid Epidemic in Wisconsin

Anyone involved in the WC industry knows that the opioid epidemic is especially problematic in handling claims. Wisconsin Attorney General Brad Schimel is tackling the opioid issue in his state head on with his Dose of Reality Campaign.  According to an article from Mr. Schimel posted on dailyreporter.com on August 17, 2018,  there are more…

201808.13
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Iowa Supreme Court Denies Healing Period Benefits and Holds Employer can Regain Control of Employee’s Medical Care.

In an issue of first impression,  the Iowa Supreme Court  agreed with  the Commissioner   and District Court that an employer who had initially denied  liability for a claim, but then  subsequently  agreed to accept   the claim, was  able to regain  control over directing medical care, and consequently that   healing period benefits claimed from unauthorized care…

201806.28
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Will workers’ compensation MSA guidelines extend to personal injury cases?

As we previously reported, a CMS policy for liability Medicare set-aside (LMSA) review appears to be imminent.  The current state of confusion is depicted in a recent case involving CMS. In Silva v. Burwell, the plaintiff was injured as a result of a medical malpractice incident, after which he sustained permanent and extensive brain damage…