Important Case Law for Illinois
Monday, September 16, 2013 | 0
NEW! National Freight Industries v. IWCC, 120043WC (09/03/2013): The Illinois Appellate Court has denied rehearing of a dispute about whether a worker who suffered two work-related injuries with different employers could get a permanent disability award for each injury.
TKK USA Inc. v. Safety National Casualty Corp., 121988 and 122091, (08/21/2013): The U.S. 7th Circuit Court of Appeals, in a case of first impression, ruled that the excess liability insurance carrier for an Illinois employer had to reimburse an employer for the cost of defending and settling a "groundless lawsuit" by the widow of a former employee.
Zamora v. Montiel, et al., 02-13-0579, (08/19/13): An employer prevailed against a negligence suit by citing exclusive remedy and proving that the injured worker filed an untimely appeal, under a decision by the Illinois Appellate Court.
Calloway v. Bovis Lend Lease, 05 L 8589 and 06 L 2005, (08/16/2013): The Illinois Appellate Court upheld a jury verdict holding the construction manager of a project liable for a trench collapse that killed a worker and injured his son.
Hastings v. Jefco Equipment Co., 07 L 8478, (08/01/2013): An ironworker hit by a falling load of steel beams is getting a second chance to prove her negligence claim against the owner of the crane involved in the accident.Gruszeczka v. IWCC (Alliance Contractors), No. 114212, (08/1/13): A divided Illinois Supreme Court ruled that the 121-year-old common-law "mailbox rule" should apply to the filing deadline for appeals of Workers' Compensation Commission decisions.
QBE Insurance Co. v. Illinois Workers' Compensation Commission, 5-12-0336WC, (07/12/2-13): The insurance carrier for an employer who was not named as a party and did not participate in the original administrative hearing on an injured worker's claim for benefits did not have standing to seek judicial review of the award of benefits the worker obtained, an Illinois appellate court ruled.Consolidation Coal Co. v. OWCP (George Bailey), 11-3637, (06/27/2013): The pneumoconiosis presumption that was reinstated by the Affordable Care Act applies to "change in condition" cases and does not require administrative law judges to address insignificant rebuttal evidence, the U.S. 7th Circuit Court of Appeals ruled.
Williamson v. Asher, 1-12-2038, (06/24/2013): An employer who had a subrogation right against the award that a third party had paid to a claimant's widow was not entitled to a share of the interest on the widow's third-party award, ruled the Illinois Appellate Court, Division 1.
Diaz v. Illinois Workers' Compensation Commission, 11-MR-377, (06/17/2013): The Illinois Appellate Court last week declined rehearing of a police officer's claim for a psychological injury, which allegedly arose out of his trauma from a standoff with a citizen holding what appeared to be a handgun.
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