Important Recent Illinois Case Law

Friday, July 23, 2010 | 0

NEW! Vallis Wyngroff Business Forms v. The Illinois Workers' Compensation Commission, 1-09-0991WC, (06/15/2010): An Illinois statute prevented a workers' compensation carrier from securing an appellate bond on behalf of its insured, because the carrier failed to show that it was an agent of the insured employer.

Simpkins v. CSX Corp., 5-07-0346, (06/10/2010): An employer owes a duty to protect its employees' families from asbestos brought home on workers' clothes.

Esquivel v. Illinois Workers' Compensation  Commission, 2-09-0122WC, (06/03/2010): An appellate court lacks jurisdiction to hear an appeal because there was no proof that the claimant had paid a $35 fee to the commission for the probable cost of the record before he filed for administrative review at the circuit court.

Skzubel v. IWCC (Four M), 07-L-0795, (05/04/2010): Employer exercised control over employee so as to create an employee/employer relationship under Ware v. Industrial Comm'n, 318 Ill. App. 3d 1117.

James McHugh Construction Co. v. Zurich American Insurance Co., 1-09-2135, (04/13/2010): Two general liability policy provisions barred an insurer from being required to indemnify a general contractor against suits involving its injured employees.

R&D Thiel v. IWCC, 07 L 50571, (02/09/2010): When the Commission gives its reasons for making credibility findings contrary to those made by the arbitrator, the standard of review is whether the findings are against the manifest weight of the evidence.

Department of Healthcare and Family Services ex rel Black v. Bartholomew, 4-09-0197, (12/08/2009): Illinois law and public policy allow a trial court to apply proceeds from a workers' compensation settlement toward a child-support arrearage. Accordingly, the trial court did not err when it ordered Frank's child-support arrearage plus interest be paid from his workers' compensation settlement.

Hagemann v. IWCC (William Sherman III), 07-MR-109, (01/22/2010): A genuine issue of material fact exists as to whose grain claimant was hauling at the time of his injury, therefore denial of appellants motion for summary judgment was properly denied.

Interstate Scaffolding, Inc. v. IWCC, 107852, (01/22/2010): An employee fired for cause is nevertheless eligible for temporary total disability benefits until his medical condition stabilizes.

Reed v. White,  5-08-0446, (01/12/2010): Acceptance of uninitiated workers' compensation benefits does not act as a bar to the filing of a civil suit.