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Split Court Addresses Proper Application of 'Neutral Risk' Analysis

Friday, May 17, 2019 | 0

The Illinois Appellate Court on Thursday issued a 61-page decision detailing the difference between an employment-related risk and a neutral risk. A majority of the court in McAllister v. IWCC (North Pond) said that an employment-related risk is one that is “distinctly associated with employment” and falls into one of three categories: acts the employer instructs the employee to perform; acts the employee has a common law or statutory duty to perform while performing duties for his employer; and acts the employee might be reasonably expected to perform incidental to his ...

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