ATTORNEYS

Bradford Peterson

- Partner

Brad's practice is divided between workers' compensation, civil litigation and Medicare Secondary Payer Act compliance. He is experienced in the defense of construction and motor carrier liability, insurance coverage, workers' compensation, and Medicare Secondary Payer Act compliance.

For over a decade Brad has had a special interest in Medicare Set-Aside Trusts and the Medicare Secondary Payer Act. He has written and spoken extensively on these issues. Brad was one of the first attorneys in the State of Illinois to publish an article regarding the application of the Medicare Secondary Payer Act to workers' compensation claims:"Medicare, Workers' Compensation and Set-Aside Trusts," Southern Illinois Law Journal (2002). He has also closely followed developments regarding the need for Medicare Set-Aside accounts in liability cases. In 2010, his article entitled Medicare's Interests in Future Medical Expense Under Liability Settlements and Judgments was published in the Illinois Bar Journal (January 2010).

Brad is a member of the Champaign County and Illinois State Bar Associations. He is a member of the National Association of Medicare Set-Aside Professionals. He served a number of terms in the Illinois State Bar Association Assembly. Brad has also been a member of the ISBA Bench and Bar Section Council and served as its Chair in 2000-2001. Currently, he serves as Chairman of the ISBA Workers' Compensation Council and is a past editor of the Workers' Compensation Section Newsletter. Brad currently serves as the contributing editor of the Workers' Compensation Report for the Illinois Defense Counsel Quarterly. Brad has spent his entire legal career with Heyl Royster beginning in 1987 in the Urbana office.

Significant Cases

  • Johnson v. Daimler Chrysler Corporation, Blane Warren and Aladdin Electric Obtained favorable settlement (structured settlement with cost in low seven figures) in negligent entrustment and product liability action involving death of an accountant with wife and two children.
  • Tracy Green v. Freitag-Weinhardt Obtained favorable settlement of workers' compensation claim and third-party liability claim against petitioner/plaintiff's employer.  Plaintiff suffered from fractures to the T11-T12 vertebra with resulting paraplegia.  Seven figure settlement reached with primary defendants and third-party liability claim as well as workers' compensation claim resolved through workers' compensation lien waiver and partial satisfaction of future medical expense.
  • Shuman v. Lauhoff Grain Company Workers' compensation decision for the respondent in case involving disputed hearing loss claim brought by a 37 year employee.  Ruling in favor of respondent based, in part, upon proof that respondent had in place mandatory hearing protection during the entirety of petitioner's career.
  • West v. Kirkham 207 Ill. App. 3d 954 (4th Dist. 1991) Recognized that trial court may find plaintiff contributorily negligent as a matter of law.
  • Propst v. Weir 937 F.2d 338 (7th Cir. 1991) Application of qualified immunity for university officials in First Amendment Retaliatory Transfer claim.

Publications

  • "Calculating the Credit for Prior Amputation Payments," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Employers Not Entitled to TTD Credit in 19(g) Proceedings," Illinois Defense Counsel Quarterly (2012)  - Download Article
  • "Commission Lacks Jurisdiction Where Petition for Review Filed Prior to Ruling on 19(f) Petition," Illinois Defense Counsel Quarterly (2012) - Download Article
  • "When is a Purely Personal Deviation a Departure from the Course of Employment," Illinois Defense Counsel Quarterly (2011) - Download Article
  • "Appellate Court Resurrects 8(j)(2) Credit Related to Compensation Paid by the Employer," Illinois Defense Counsel Quarterly (2011) - Download Article
  • "TTD in a Post-Interstate Scaffolding World," Illinois Defense Counsel Quarterly (2012) - Download Article
  • "Medicare and Future Medical Expenses; Does the Super Lien Apply?" Illinois Bar Journal (2010)
  • "Illinois Workers' Compensation and the Medicare Secondary Payer Act," chapter in Illinois Workers' Compensation Law (2009-2010 Edition) West
  • "Medicare and Medicaid: Workers' Compensation and Medicare Set-Aside Issues," IDC Conference, Medicare and Medicaid: Avoiding Post-Judgment and Post-Settlement Litigation (2009) - Download Article
  • "Medicare, Workers' Compensation and Set-Aside Trusts," Southern Illinois University Law Journal (2002)

Public Speaking

  • “Medicare Set-Asides and Conditional Payments Update”
    Heyl Royster 27th Annual Claims Handling Seminar 2012
  • “Medicare Set-Aside Trusts”
    Heyl Royster 26th Annual Claims Handling Seminar 2011
  • “Mock Trial Participant”
    ISBA Workers’ Compensation Section Council 2010
  • “What You Need to Know about Medicare Liens, Conditional Payments and Set-Aside Trusts; Winning Strategies for Difficult Times”
    Heyl Royster 24th Annual Claims Handling Seminar 2009
  • “Federal Bailout MSA Strategies and Developments, Winning Strategies for Difficult Times”
    Heyl Royster 24th Annual Claims Handling Seminar
  • “Medicare Liens and Set Asides”
    ISBA Advanced Workers’ Compensation, Law Ed 2009
  • “The Workers’ Compensation Experience; The Medicare Secondary Payer Act of Medicare Set-Aside Issues; Medicare and Medicaid Avoiding Post-Judgment and Post Settlement Litigation”
    Illinois Defense Counsel Law Ed 2009
  • “Medicare Set-Asides and the SCHIP Extension Act”
    Illinois State Bar Association Advanced Workers' Compensation Seminar 2008
  • “Medicare Set-Aside Issues and Update”
    22nd Annual HRVA Claims Handling Seminar 2007
  • “Workers’ Compensation Settlements and Medicare Set-Aside Arrangements”
    ISBA Advanced Workers’ Compensation, Law Ed 2005

Professional Associations

  • Champaign County Bar Association
  • Illinois State Bar Association
  • Illinois Association of Defense Trial Counsel
  • The National Association of Medicare Set Aside Professionals

Court Admissions

  • State Courts of Illinois
  • United States District Court, Central District of Illinois
  • United States Court of Appeals, Seventh Circuit
  • United States Supreme Court

Education

  • Juris Doctor, Southern Illinois University, 1987
  • Bachelor of Science (with honors), Illinois State University, 1984

Year Joined Firm

  • 1987

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