Important Recent Case Law for Illinois

Tuesday, May 10, 2011 | 0

NEW! Absolute Cleaning v. IWCC (Palazzolo), 4-10-0313WC, (04/28/2011): An injured worker's use of more than two doctors did not bar her from benefits because her original physician had good reason to make multiple referrals, an Illinois appellate court concluded.

NEW! Elgin Board of Education School District U-46 v. Illinois WCC (Weiler), 1-09-3446WC, (04/25/2011): A teacher whose knee bled profusely after a minor at-work accident because of a blood-thinning agent she was taking is eligible for benefits, but the employer was granted a credit for the sick leave it had paid against its obligation for temporary total disability benefits, ruled the Appellate Court of Illinois, 1st District, Workers' Compensation Commission Division.

NEW! Cathy Baldwin v. the Illinois Workers' Compensation Commission et al., 4-10-0375WC, (04/28/2011): The Workers' Compensation Commission Division of the Appellate Court of Illinois affirmed a denial of benefits to Cathy Baldwin on Monday, after concluding that she failed to prove that her two slip and fall injuries arose out of the course of employment.

NEW! Gunther Gassner v. Raynor Manufacturing Company, 2-10-0180, (04/27/2011): A trial court must revisit the question of whether a claimant and employer intended for his settlement's medical care provision to include coverage for a staphylococcal infection that may have resulted from his work-related injury, ruled the Appellate Court of Illinois, 2nd District.

City of Chicago v. Illinois Workers' Compensation Commission (O'Rourke), 1-09-2320WC, (4/11/11): A worker who suffered two separate back injuiries that resulted in a single condition of ill-being is not entitled to only one disability award, ruled the Appellate Court of Illinois 1st District Workers' Compensation Commission Division.

Keeley & Sons, Inc v. Zurich American Insurance Company, 5-10-0382, (4/13/11): An insurer's arbitration clause needed three key words that likely could have compelled an employer's retrospective premium dispute into arbitration, ruled the 5th District Appellate Court of Illinois.

Baumgardner v. Illinois Workers' Compensation Commission et al., 1-10-0727WC, (04/11/2011): A claimant who suffered multiple injuries to the same body part is not entitled to a scheduled permanent disability award in addition to a wage-differential award.

Mulligan v. IWCC, 1-09-2507WC, (03/28/2011): An arbitrator should not have allowed an employer's medical expert opinions into evidence because the employer failed to submit them at least 48 hours before the first hearing.

Sanchez v. Rental Service Corp., 1-09-0188, (3/10/2011): An employer may recover its entire workers' compensation lien from an injured worker's third-party suit, regardless of whether the Illinois Insurance Guaranty Fund paid the workers' compensation benefits, an appellate court ruled.

Coy Chiropractic Health Center v. Travelers Casualty, 5-08-0578, (03/14/2011): An Illinois appellate court dismissed a class-action suit challenging preferred provider organization discounts because the complaint failed to state an "actionable claim" against Travelers Property and Casualty and Travelers Indemnity.