Important Recent Illinois Case Law
Friday, May 22, 2009 | 0
NEW! Beelman Trucking v. The Illinois Workers' Compensation Commission, 106680, (05/21/2009): Claimant sought only the difference between what an owner of an unmodified van would pay and what the insurance company charged for insuring the modifications to Claimant's van that his disability requires. The Commission's factual determination that the insurance premium is a necessary and reasonable medical expense is not against the manifest weight of the evidence.
NEW! Residential Carpentry, Inc. v. The Workers' Compensation Commission, et al., 03-08-0122WC (05/13/2009): A claimant's ability to perform some duties does not necessarily mean that he is employable, and does not bar him from collecting temporary total disability benefits.
Burzic vs. Illinois Workers' Compensation Commission, 1-08-2303WC (04/28/2009): Section 4(c) of the Act requires more than a mere finding of delay or unfairness in the settlement or payment of benefits to support disciplinary action against an insurer or its agent; there must be a policy of delay or unfairness.
Fan v. Auster Co., et al., 1-07-2604 (04/07/2009): A trial court must make factual findings about whether a party controlled the maintenance of an elevator that was the scene of a worker's fatal fall and what type of hazard the unprotected elevator shaft posed.
Richard J. Martis, D.C. v. Grinnell Mutual Reinsurance Co., 3-08-0004 (03/31/2009): A chiropractor who filed a breach of contract suit against a carrier who applied a PPO discount failed because he was not an intended beneficiary.
Herman v. Power Maintenance and Constructors, 4-08-0509 (02/18/2009): A boilermaker should proceed with his retaliatory discharge suit because he established a genuine issue about whether his employer discharged him in retaliation for filing a claim, despite the employer's contention that it terminated him for poor performance, an Illinois appellate court concluded.
Ameritech Services v. Illinois Workers' Compensation Commission, 1-08-1412WC (03/17/2009): A claimant who earned a master's degree at Northwestern University after his work-related back injury proved that he is a permanently disabled odd lot worker, because of his severe physical restrictions.
Pederson v. Mi-Jack Products Inc., et al. (consolidated), 1-07-2327 (03/17/2009): Illinois statutes barred an employer from becoming an intervening plaintiff in an injured worker's third-party action.
Hagene v. Derek Polling Construction, 5-07-0225 (03/02/2009): An injured construction worker and his employer never intended to have signed a settlement agreement that left $19,977 of his medical expenses unpaid.
Bemis v. State Farm Fire and Casualty Co., 1-08-0284 (02/27/2009): Transfer and consolidation of cases does not abuse separation of powers.
Richard J. Martis, D.C. v. Grinnell Mutual Reinsurance Co., 3-08-0004 (03/31/2009): A chiropractor who filed a breach of contract suit against a carrier who applied a PPO discount failed because he was not an intended beneficiary.
Herman v. Power Maintenance and Constructors, 4-08-0509 (02/18/2009): A boilermaker should proceed with his retaliatory discharge suit because he established a genuine issue about whether his employer discharged him in retaliation for filing a claim, despite the employer's contention that it terminated him for poor performance, an Illinois appellate court concluded.
Ameritech Services v. Illinois Workers' Compensation Commission, 1-08-1412WC (03/17/2009): A claimant who earned a master's degree at Northwestern University after his work-related back injury proved that he is a permanently disabled odd lot worker, because of his severe physical restrictions.
Pederson v. Mi-Jack Products Inc., et al. (consolidated), 1-07-2327 (03/17/2009): Illinois statutes barred an employer from becoming an intervening plaintiff in an injured worker's third-party action.
Hagene v. Derek Polling Construction, 5-07-0225 (03/02/2009): An injured construction worker and his employer never intended to have signed a settlement agreement that left $19,977 of his medical expenses unpaid.
Bemis v. State Farm Fire and Casualty Co., 1-08-0284 (02/27/2009): Transfer and consolidation of cases does not abuse separation of powers.
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