Illinois Workers Compensation Lawyer Blog

Recent Posts from Illinois Workers Compensation Lawyer Blog

• Illinois deputy's personal errand nixes benefit award for vehicular accident

  A majority of the Illinois Workers' Compensation Commission held that a law enforcement officer failed to prove that his vehicular accident, which occurred while he was on duty and in a patrol car, arose out…

• Element of surprise entitles Illinois Workers a continuance

  Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the…

• Element of surprise entitles Illinois Workers a continuance

  Based on the element of surprise due to the defendant's last-minute refusal to tender the Section 12 examination reports to the claimant, the arbitrator erred in denying the claimant's request for a continuance. Also, the…

• 7th Circuit Ok's dismissal of suit for "appalling" litigation conduct

  The 7th U.S. Circuit Court of Ap-peals held that the dismissal of an employee's suit against this former employer for injuries he sustained to his back was an appropriate sanction for the employee's misconduct throughout…

• Illinois Workers' Compensation Commission modifies decision regarding child's entitlement to death benefits

  The Illinois Workers' Compensaiton Commission held that the decedent's child was enrolled in an accredited education institution at the time of the decedent's death. Therefore, he was entitled to death benefits until the registration deadline…

• Control over Illinois catering truck driver provides convincing evidence of employment relationship

  The Illinois Workers' Compensation Commission reversed the arbitrator's decision and found that an employer/employee relationship existed between the claimant and defendant and that the claimant was entitled to temproary total disabillity benefits and reimbursement for…

• Bargaining agreement provides limits on amount of overtime included in an average weekly wage

  The Illinois Workers' Compensation Commission modified the arbitrator's average weekly wage calculation and otherwise affirmed and adopted the decision of the arbitrator. The arbitrator failed to include the claimant's sick/vacation/holiday pay and erroneously included overtime…

• Illinois employee wins benefis for injury sustained at company party

  The Illinois Workers' Compensation Commission held that the claimant was entitled to benefits for injuries sutained while attending the employer's holiday bowling party. Case name: Bougart v. Capmark Financial Inc., 17 ILWCLLLLB 120 (Ill.W.C.Comm.2009) Bougart,…

• Illinois worker fails to establish case of retaliation

  The US district Court, Northern District of Illinois granted the defendant's motion for summary judgment. The plaintiff presented no genuine issue of material fact that the stated reason for his termination was pretextual. Case name:…

• Illinois workers' refusal to obtain treatment for mental disability fails to undermine PTD award

  The Illinois Workers' Compensation Commission held that the claimant was permanently totally disabled as a result of post-traumatic stress disorder and several other mental conditions that developed as a result of a physical attack by…