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Important Recent Case Law for Illinois

By WCC Staff

Thursday, November 21, 2013 | 0

NEW! Zamora v. Montiel et al., 02-13-0579, (11/18/2013): The Illinois Appellate Court is standing by its decision to dismiss an injured worker's negligence suit based on its belated filing and on the exclusive remedy provided by the state workers' compensation system.

NEW! Illinois State Treasurer v. Illinois Workers' Compensation Commission, 1-12-0549WC, (11/18/2013): The Illinois State Treasurer, as custodian of the state's 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.

NEW! 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.

NEW! 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 state's 1st District Appellate Court ruled.

NEW! 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 worker's 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 insurer's liability on a gunshot victim's 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 Fund's 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.

West Bend Mutual Insurance Co. v. Talton, 2-12-0814, (09/27/2013): A comp carrier which provided coverage for the employees of a company that owned a Wisconsin football franchise was not obligated to provide coverage for the claims of players from an Illinois team in which its insured did not have a legal ownership interest, the Appellate Court ruled.

Williams v. BNSF Railway Co., 06 L 8509, (09/25/2013): A railway's failure to file a notice of appeal within 30 days of a trial judge's oral denial of its post-trial motions for relief from a jury's verdict was fatal to the Appellate Court's ability to review the verdict, the Appellate Court ruled.

 

 

 

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