Past Issues

If you would like our practice group newsletter to address a specific topic, please contact our newsletter editor, Jenna Kobernus.

2025

January: Amputations and Statutory Benefits: Pay Now to Avoid Penalties Later

March: What's Good for the Goose May Not Be Good for the Gander: Strategy Matters Even When Dismissal Is on the Table

April: A Painful Precedent: Tazewell County and the Expanding Scope of Compensable Injuries

May: "Clearly Apparent" or Clearly Not? Navigating the Standard of Review with IWCC Appeals

July: The High Cost of Inaction: The Importance of Alternative Work & Modified Duty Options in Workers' Compensation

August: Illinois Appellate Court Reaffirms Commission's Authority in Workers' Compensation Cases in ACME Alliance, LLC

2024

January: A Guide to Maintenance Benefits Under Section 8(a)

February: First District Appellate Court Clarifies Notice in the Era of Compfile.

March: Injured While Working Under the Influence -- Compensable? A Brief Guide to Navigating Intoxication and Injuries on the Job

April: The Traveling Employee Doctrine Travels Farther: Town of Cicero vs. Illinois Workers' Compensation Commission

May: The Appellate Process and the Influence of Expert Opinions: Scott Osman vs. Illinois Workers' Compensation Commission

June: The "Loss of Occupation" Theory: Effective Defense Strategies

July: A New Direction for Section 7(a) Survivor Benefits

August: Highlights from the Illinois Workers' Compensation Commission: Fiscal Year 2023 Annual Report

September: "Elementary My Dear Watson": The Application of Good Investigation When Defending Workers' Compensation Claims

October: What to Know Before the Snow: Workplace Slip and Falls as a Result of Winter Weather

November: Medicare Changes: Section 111 Reporting and Legal $0 Set-Asides

December: Standard of Review: Shaping the Course of Workers' Compensation Appeals

2023

January:  Public or Employer Provided Parking? That Is the Question.

February: Distinguishing Between Permanent Partial Disability Cases: Loss of Trade or Wage Differential.

March: Case Review: City of Joliet v. Illinois Workers’ Comp. Comm’n, et al., 2023 IL App. (3d) 220175WC

April: Idiopathic Falls: The Importance of Refuting “Significant Contribution” Evidence

May: Average Weekly Wage: Calculation Pursuant to Statute Upheld

June: Employer/Employee Relationship- Are Incidental Benefits Enough to Establish the Relationship?

July: Proving a Hearing Loss Case Due to Noise Exposure

August: When Are Mental Illnesses Compensable Under Illinois Workers’ Compensation?

September: Spread Language: How to Use Petitioner's Social Security Disability Benefits to Encourage Settlements

October: The IME and Petitioner's Pursuit of Medical Care

November: Voluntary Arbitration Under Section 19(p): What's Old Is New Again

December: Case Updates and Practical Tips - For Defense of Occupational Disease Claims

2022

January: Country Mutual vs. Under Construction: Insurer and Employer Contractual Duties

February: No Section 5(a) Immunity for General Contractor Operating Separately From Subsidiary-Subcontractor

March: IL Supreme Court Rules Exclusivity Provisions In Workers' Comp Act Doesn't Bar Claims Under BIPA

April: Effect of the Shift to a Work-From-Home Society on the Analysis of "Accident" in Work Comp

June: No Discovery, No Problem: How to Provide an Effective Defense to Disputed Claims

July: Penalties and Fees Served Up for Frivolous Contention of Issues at Hearing

August: Change at the Commission: Pro Se Settlements, Redline Cases, and Motions to Withdraw - What You Need to Know

September: Malecki v. IWCC: The Importance of Securing a Complete Causation Opinion

October: Bonuses and Calculation of Average Weekly Wage

November: Life Care Plans: Limits on the Commission's Authority

December: You'll Shoot Your Eye Out! Defending Eye Injuring Claims

2021

January: COVID-19 Vaccines & Employee Injury: Is There a Compensable Workers' Compensation Claim

February: Recouping Your Section 5(b) Lien: Is the Employer Subject to Discovery in the Third-Party Claim?

March: Independent Medical Examinations

April: Identifying and Resolving Medicare Issues In Workers’ Compensation Settlements

May: Bowen v. IWCC: Appellate Court Refuses to Hear Appeal Because the Circuit Court Did Not Confirm or Set Aside the Commission’s Decision

June: Will Section 8(a) of the Illinois Workers Compensation Act Allow Prescription of Medical Marijuana?

July: Important Procedural Updates Effective 7-1-21

August: Payment v. Authorization of Treatment-Penalties Under Section 19(l)

September: Latent Diseases Which Give Rise to Claims Brought Under the Workers’ Occupational Diseases Act - What Is Required, What is Recoverable, and Exceptions to the Rule

October: What’s My Job?: A Look at Voluntary Undertakings Considered “In the Course” of Employment

November: Rebutting the Presumption: COVID-19 Exposure Claims

December: The Second Injury Fund: What You Need to Know

2020

January: Philadelphia Personal Injury Firm Settles with Federal Government for Failure to Reimburse Conditional Payments to Medicare

February: "I'm filing for penalties and fees, and the Arbitrator Isn't Going to be Happy with you!"

March: Defending Claims in the Age of COVID-19

April: Emergency Rule Approved by Illinois Workers’ Compensation Commission Regarding COVID-19 Diagnosis for “Essential” Employees

May: Illinois v. Missouri: Employee Falls At and Away from Employer’s Premises

June: Can a Traveling Employee Injured During Lunch be Found Compensable?

July: Commission Finds That Vocational Rehabilitation Assessment Must Be Prepared by Counselor of Respondent’s Choice

August: Navigating an Amputation Rate Calculation

September: McAllister v. Illinois Workers’ Compensation Commission: The Supreme Court Provides An “Arising Out Of” Test

October: When the Employer is the Last to Know: Is Lack of Timely Notice a Viable Defense under the Illinois Workers’ Compensation Act?

November: First Report of Injury: Timing, Filing Requirements, and Best Practices

December: Previous Non-Precedential 23(b) Decisions Can be Cited as Persuasive Source Beginning in 2021

2019

January: Snow and Ice as a Per Se Hazardous Condition?

February: Fall While Using Stairs at Work Found Non-Compensable Under Neutral Risk Analysis

March: New Commission Appointments

April: A Word From The Practice Chair

May: "Arising Out Of" and the Performance of Everyday Activities: A Solution or More Confusion?

June: Dual Capacity Doctrine

July: Overview of 2018 Annual Report

August: Risky Business - Consequences of Non-Compliance

September: TTD Overpayments as a Credit Against PPD Awards

October: Illinois Supreme Court granted the Rule 315(a) Petition for Leave to Appeal in McAllister v. Illinois Workers’ Compensation Comm’n, 2019 IL App (1st) 162747WC

November: Is the Respondent Required to Pay PPD Awards in a Lump Sum?

December: Cannabis Trailer Bill Enlightening for Employers

2018

January: Appellate Court Clarifies Employer’s Obligation Under Section 8(a) Where Medical Expenses Are Paid at a Negotiated Rate

February: Appellate Court Holds that Section 19(n) Interest Applies Until Commission Decision is Reduced to a Judgment Through a Section 19(g) Proceeding

March: The Year in Review

May: Recent Case of Interest: Medicos Pain and Surgical Specialists, S.C. v. Travelers Indem. Co. of  America, 2018 IL App (1st) 162591

June: How to Handle a 5(b) Lien

July: Co-Worker Immunity in the Context of the Employer Controlled Commute

August: Finding the Path after Pathfinder – Navigating the Differences between “mental-mental” and “physical-mental” claims in Illinois Workers’ Compensation Cases

September: Severson v. Heartland Woodcraft, Inc. – Can A Light Duty Program For Workers’ Compensation Claimants Create A Duty To Accommodate Under the ADA?

October: Recent Appellate Court Decision Rejects Request to Abandon Intervening Act Theory Where Second Accident Is Allegedly Work-Related

November: To Submit or Not Submit an MSA – That Is the Question?

December: Revisiting the Concept of Independent Contractors

2017

February: A Primer on Credits

April: Workers’ Compensation Claims and Subrogation

June: Fireman's Heart Attack Claim Fails and Wage Differentials and the Challenge to Find Suitable Employment

July: Appellate Court Clarifies Interstate Scaffolding’s Application to Terminated Employees – No Longer a Bright Line Rule?

August: Wage Differential vs. “Loss of Occupation” Claims

September: Appellate Court Issues Employer-Favorable Decision in Slip and Fall on Rain-Soaked Pavement Case

October: Paying Temporary Total Disability Benefits After Retirement?

December: Effectively Using Utilization Review (UR) Reports in Your Case

2016

January: The Year In Review – 2015

February: Retaliatory Discharge Lawsuits Filed By Injured Workers

March: Wage Differential Without a Change in Wages?

April: Don’t Pay That High Interest Rate!

August: New Case on PPD Presents Opportunity for Misunderstandings

October: CMS Lowers SCHIP Reporting Threshold for Workers' Compensation Cases

December: High Court Denies Leave to Appeal in AMA Rating Report Case: What This Means for Your Claims

2015

January:  Bob Red Remodeling, Inc. v. Illinois Workers’ Compensation Comm’n

March: When Does a Traveling Employee Actually Begin to "Travel?"; Social Security Administration Proposes Mandatory Reporting of Benefits

April: Appellate Court Holds Wage Differential Must Be Explicitly Waived or Else Claimant Eligible

June: New Appellate Court Ruling on Entitlement to Permanency Where the Claimant Dies Before Arbitration

September: Practice Pointer – Injuries to Multiple Body Parts

October: The Rise of Temporary Transitional Employment (TTE)

November: Identifying and Satisfying Conditional Payments by Medicare Advantage Plans; Social Security Administration Proposes Mandatory Reporting of Workers' Compensation Benefits; Are Petitioners Required to Submit AMA Impairment Rating Reports Into Evidence?

2014 

January: New Legislation on the Horizon?; Final Appellate Court Tally; Recent Stairs Case – Village Of Villa Park

February: When a Claimant's Work Place is His Home; Limiting Exposure for Injuries to Telecommuting Employees

April: Vocational Rehabilitation in Illinois

May: Recent Decision Update – Arising Out Of: Brais v. Workers' Compensation Comm'n

June: Senate Bill 3287 Signed into Law

July: Medical Marijuana Leaving A Cloud Of Uncertainty Over Employers

September: The Sunny Hill Decision and the Evolution of the TTD Test

October: Appellate Court Solidifies Interstate Scaffolding's Application To Discharged Employees

December: Benefits and Undocumented/Illegal Workers

2013

February: A Disturbing Trend In Recent WC Appellate Decisions

April: Appellate Practice Update

July: "Arising Out Of" Cases

August: Applying Mailbox Rule to Judicial Filings, Traveling Employer Rulings, and Commission News

October: Workers' Compensation Updates - The Word on the Street

November: What To Do When The Claimant Will Not Comply With A Course Of Medical Care; Practice Pointer - Section 12 IMEs

December: Supreme Court Puts Brakes On Traveling Employee Doctrine Expansion

2012

February: AMA Guidelines

March: Open Settlement Contracts

April: Third Party Issues

June: The Defense of Stress Claims

August: Pro Se Settlement Contracts

September: AMA Guidelines Update

November: Workers' Compensation Fraud

December: Voluntary Recreational Activities: What Employers Need To Know

2011

January: TTD Liability and Mass Layoffs

February: Carpal Tunnel Claims & Repetitive Trauma

March: Recent Commission News; Recent Cases - Increased Risk; Collateral Source

April: Post Arbitration Issues - Section 8(a), 8(f), 19(h)

June: Recent Cases - Falls; Multiple body part Injuries; Referrals; AWW; Section 8(j) Credits; Liens; Economic Lay-offs

July: Workers' Compensation Fraud in Your Claim

September: Utilization Reviews

October: Commission News; Arbitration Realignment; Interstate Scaffolding Redux

November: Amended Section 8.2 - Accidents

December: Reviewing Workers' Compensation Claims

2010

January: Slip and Fall Cases

March:  Interstate Scaffolding

April: Refusal to Cooperate or Undergo Medical Procedures

May: Repetitive Trauma Claims

June: Penalties and Attorneys' Fees

July: Recent Workers' Compensation Statistics

September: Section 8(d)(1) Wage Differentials

October: Workers' Compensation Fraud Since 2005; Medicare Liens; Recent Cases - Employee

November: SCHIP Reporting; AWW Calculations

December: Appeal Bonds

2009

January: Practice Pointers & TTD Benefits

March: Appellate Practice

April: Social Security Disability and Workers' Compensation Claims

May: Settlement Contracts

June: Employment Law Issues

July: Medicare Set Asides

August: Recent Cases - PPD/PTD for Same Accident; Arising Out Of

October: Personal Comfort Doctrine

November: Rehabilitation and Maintenance Awards

December: Intoxication Defense