Important Recent Case Law for Illinois

Wednesday, May 30, 2012 | 0

NEW! Mockbee et al. v. Humphrey Manlift Company, Inc., 1-09-3189, (05/18/2012): Safety inspectors who failed to note the need for a guardrail around a floor opening at an Illinois plant were not liable to a factory worker rendered paraplegic after falling though the opening, ruled the Illinois Court of Appeals, District 1 6^th Division.

Hooker v. Retirement Board of Firemen's Annuity and Benefit Fund of Chicago, 1-11-1625, (05/09/2012): Benefits payable to the widows of firefighters receiving duty death annuity benefits must be calculated according to a 2004 change to the state Pension Code.

Olle v. C House Corp., 1-11-0427, (03/23/2012): An off-duty police officer injured while responding to a bar owner's request for assistance in quelling a disturbance was not barred by the inherent risk doctrine from bringing a dramshop action against the establishment.

Travelers Insurance v. Precision Cabinets, Inc., 2-11-0258WC, (03/16/2012): Section 4(a)(3) requires that "every policy of an insurance carrier, insuring the payment of compensation under this Act shall cover all the employees and the entire compensation liability of the insured."

Isom v. Barham, 00-L-63, (04/03/2012): Workers' compensation exclusivity did not bar the widow of an Illinois prison worker from suing her husband's boss in a tort action and collecting on a jury's $1 million wrongful death verdict for causing a fatal single-car accident on a rural two-lane road 12 years ago, ruled the 5^th District Appellate Court of Illinois.

Hollywood Casino-Aurora, Inc. v. IWCC, 2-11-0426WC, (03/16/2012): The Illinois Workers' Compensation Commission has no authority to impose sanctions on employers or insurers who refuse to authorize medical treatment unless they fail to pay the bills on time, ruled the 2^nd District Appellate Court of Illinois, WCC Division.

World Painting Company, LLC v. Joseph Costigan, 4-11-0869, (03/29/2012): An Illinois statute that imposes civil penalties against businesses that misclassify employees as independent contractors does not violate due process or separation of powers principles, ruled the 4^th District Appellate Court of Illinois.

McKinney v. Castleman, 4-11-0098, (04/06/2012): An Illinois man who suffered an injury while participating in a work therapy as part of his drug and alcohol rehabilitation program could not prevail on his claim of negligence or wrongful discharge against the program's operator because he was not an employee, and he had signed an enforceable injury waiver as a condition of his participation in the program.

Oshana v. FCL Builders, Inc., 1-10-1628, (01/27/2012): A subcontractor on a hotel construction project did not retain enough control over the steel erection process to be liable for negligence to an injured employee of the company the subcontractor had hired for the steelwork, or in contribution to the general contractor.

Karastamatis v. The Industrial Commission et al., 1-98-2327 WC, (06/15/99): A worker injured while dancing on his break at a company picnic is not entitled to workers' compensation benefits.