Important Recent Case Law for Illinois
Thursday, December 12, 2013 | 0
NEW! Mansfield v. Illinois Workers Compensation Commission, 11-MR-1459, (11/21/2013): A claimant who taught piano lessons in her spare time should not have had her business income included in the calculation of her average weekly wage, the Illinois Appellate Court ruled.
Zamora v. Montiel et al., 02-13-0579, (11/18/2013): The Illinois Appellate Court is standing by its decision to dismiss an injured workers negligence suit based on its belated filing and on the exclusive remedy provided by the state workers compensation system.
Illinois State Treasurer v. Illinois Workers Compensation Commission, 1-12-0549WC, (11/18/2013): The Illinois State Treasurer, as custodian of the states Injured Workers Benefit Fund, is not exempt from the statutory requirement that a party seeking review of a decision by the Illinois Workers Compensation Commission post an appeal bond, the state Appellate Court ruled.
Suter v. Illinois Workers Compensation Commission, 12MR592, (11/14/2013): A worker who slipped on ice in an employer-furnished parking lot as she closed her car door shortly after arriving at work was within the course and scope of her employment at the time of her fall, the Appellate Court ruled.
Illinois Insurance Guaranty Fund v. Liberty Mutual Insurance Co. and Zurich American Insurance Co., 1-12-3345, (11/12/2013): The Illinois Insurance Guaranty Fund cannot recoup the workers compensation benefits it paid on behalf of an injured employee of a staffing company whose insurer was liquidated by suing the carriers that provided coverage to the employer-client, the states 1st District Appellate Court ruled.
Camper v. Burnside Construction Co., 10 L 01656, (10/28/2013): The Illinois Appellate Court ruled that a defendant facing a products liability and negligence action by an injured worker was barred from seeking contribution and indemnity from the workers employer.
Calloway v. Bovis Lend Lease, 1-11-2746, (10/03/2013): The Illinois Appellate Court is standing by its decision earlier this year to uphold a multimillion dollar jury verdict against a construction project manager for a trench collapse that killed a worker and seriously injured his son.
Skokie Castings v. IIGF, 113873 (10/18/13): The Illinois Insurance Guaranty Fund must pay for an insolvent excess insurers liability on a gunshot victims 28-year-old permanent total disability claim, the state Supreme Court ruled in a decision that benefited self-insured employers. The high court decided that a state law capping the Illinois Insurance Guaranty Funds liability at $300,000 does not apply to workers compensation claims.
Pister v. Matrix Service Industrial Contractors, 4-12-0781, (09/06/2013): The Illinois Appellate Court ruled that the "traveling employee" theory of liability is limited in application to the workers compensation system and cannot be used to establish the vicarious liability of an employer in a general tort action.
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