Illinois Case Law Update

Friday, June 12, 2015 | 0

NEW! Majid v. The Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago, 1-13-2182, (05/22/2015): The Illinois Appellate Court upheld the constitutionality of a Pension Code provision which requires injured police officers to forfeit their entitlement to disability pension benefits if they are convicted of a felony.

NEW! West Bend Mutual Insurance Co. v. DJW-Ridgeway Building Consultants, 13-MR-93, (05/19/2015): The Illinois Appellate Court ruled that the insurance carrier for a subcontractor on a construction project had a duty to defend the general contractor from a negligence suit by the injured employee of another subcontractor.

NEW! L.A. McMahon Building Maintenance v. Department of Employment Security, 1-13-3227, (05/07/2015): The Illinois Appellate Court ruled that a window washing service company was liable for $64,051 in unemployment contributions for its window washers since it had misclassified them as independent contractors for three years.

NEW! Bemis v. Employers Mutual Casualty Co., 5-13-0402, (05/06/2015): The Illinois Appellate Court upheld a decision to decertify a class of providers who had sued the Employers Mutual Casualty Co. for allegedly taking improper discounts from their medical bills.

Steel & Machinery Transportation v. Illinois Workers' Compensation Commission, 13-L-50386, (05/01/2015): A divided Illinois Appellate Court ruled that a truck driver was entitled to benefits after his injuries from a crash necessitated the partial amputation of his leg since he was an employee of the company that had hired him to transport a load from Indiana to Wisconsin.

Bell v. Illinois Workers' Compensation Commission (Dan Pilson Auto Center), 4-14-0028WC, (05/01/2015): The Illinois Appellate Court ruled that a worker's death does not abate an employer's obligation to pay permanent partial disability benefits that accrued before she died, even though she had no spouse or dependents to receive the payment.

Loyola University of Chicago v. Illinois Workers' Compensation Commission, 12-L-51120 (05/01/2015): The Appellate Court of Illinois ruled that the terms of an employer's settlement with an injured worker required it to reimburse the insurance carrier that had overpaid the worker long-term disability benefits while her comp claim was pending.

Bremer v. The City of Rockford, 08-MR-437, (04/27/2015): The Illinois Appellate Court ruled that a firefighter's receipt of an occupational disease disability pension established that he had suffered a "catastrophic injury" for purposes of the Public Safety Employee Benefits Act.

Kay v. Centegra Health System, 09-LA-433, (04/23/2015): The Illinois Appellate Court ruled that a health care worker could not sue the corporate entity which paid for the comp insurance policy covering the medical center where she worked in tort.