Important Recent Case Law for Illinois

Friday, June 27, 2014 | 0

NEW! Michael v. Pella Products, 1-13-2695, (06/25/2014): The Appellate Court of Illinois ruled that an individual who works for a corporation that had a business relationship with another company could not maintain an action against that other company under the Illinois Employee Classification Act for refusing to treat him as its employee.

NEW! Carter v. Illinois Workers' Compensation Commission, 5-13-0151WC, (06/09/2014): The five-year limitations period in the Illinois Workers' Occupational Diseases Act applies only to the specific condition of "coal miner's pneumoconiosis," and not any other respiratory disease that can be caused by exposure to coal dust, the state Appellate Court ruled. 

NEW! Tolbert v. Illinois Workers' Compensation Commission (Prairie Central Cooperative), 130523WC, (06/05/2014): The Illinois 4th District Appellate Court reversed a ruling against a claimant who alleged his respiratory illness was caused by exposure to bird feces and grain dust, finding that the Workers' Compensation Commission's conclusion was not supported by the manifest weight of the evidence.

Wright v. Board of Trustees, State Universities Retirement System of Illinois, 4-13-0719, (05/22/2014): The Appellate Court of Illinois ruled that the state retirement system for university workers was entitled to take an offset from the disability retirement benefits payable to an injured worker commensurate with the amount of temporary total disability benefits she received from the workers' compensation system.

Hooker v. The Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago, 1-13-1568, (05/22/2014): The Illinois Appellate Court ruled that the heirs of a widow who had mounted a long-running battle about the amount of benefits due to her after the death of her husband, a firefighter for the city of Chicago, ruled that her claims did not survive her own death. 

Compass Group v. Illinois Workers' Compensation Commission, 12-MR-700, (05/13/2014): The Appellate Court of Illinois denied rehearing as to an employer's claim that it had not intended to stipulate to the payment of fee schedule rates for an employee's medical treatment expenses and maintained its original ruling awarding benefits to the employee and directing that the employee's request for reimbursement for his home modifications be reconsidered by the Workers' Compensation Commission.

Brais v. Illinois Workers' Compensation Commission, 10 MR 650, (05/08/2014): A municipal employee was entitled to compensation for her injuries from a fall on the cracked pavement on a public sidewalk outside of the courthouse where she worked, the Illinois Appellate Court ruled.

Amco Insurance Co. v. Cincinnati Insurance Co., 11 CH 41151, (05/05/2014): The Illinois Appellate Court ruled that a carrier cannot avoid the "targeted tender" doctrine by having an insured rescind its designation of the carrier as the provider of coverage for a claim after the settlement of the claim.

Parks v. Brinkman, 07-LA-464, (05/02/2014): The Illinois Appellate Court ruled that a Jaycees chapter could not be held vicariously liable for the conduct of a member which resulted in injuries to a fellow volunteer at an Oktoberfest event.

Paluch v. United Parcel Service, 12 L 50237, (04/30/2014): The Illinois Appellate Court denied rehearing of a dispute about whether a settlement agreement allowed an employer to include the seed money it provided to fund a Medicare Set-Aside account as part of its payment of the $400,000 settlement with its worker or not.