Heyl Royster

 

Brad Elward

Brad Elward


Significant Cases

  • Weaver v. Illinois Workers’ Compensation Comm’n 2016 IL App (4th) 150152WC A section 19(h) petition to modify permanency benefits must be filed within 30 months of the Commission's decision, irrespective of whether the Commission's underlying decision is appealed. An appeal does not toll the time for filing.
  • Bowman v. Ottney 2015 IL 119000 - Successfully defended circuit court ruling to deny the plaintiff's motion for substitution of judge in a refiled case, when same judge had made substantive rulings in prior litigation that had been voluntarily dismissed.
  • Hartney Fuel Oil Company v. Hamer 2013 IL 115130 Suit was filed by a retail sales taxpayer against our client, The Regional Transportation Authority (RTA), the Illinois Department of Revenue, and a Cook County municipality contending that the assessment of back sales taxes of $20+ million was incorrect. Ultimately, the RTA's position was upheld in the Illinois Supreme Court. While the taxpayer was not required to pay back taxes pursuant to the Taxpayer Bill of Rights, the Illinois Supreme Court invalidated existing regulations in adopting a "multi-factor test" as argued for by the RTA, a decision which had statewide application to sales tax sourcing favoring governmental entities such as our client.
  • Glass v. DOT Transportation, Inc. 393 Ill. App. 3d 829 (1st Dist. 2009) In the forum non conveniens setting, deference may be given to the selection of forum by a representative plaintiff, who is also a beneficiary under the Wrongful Death Act.
  • Rosewood Care Center, Inc. v. Caterpillar, Inc. 226 Ill. 2d 559 (2007) Illinois does not recognize a preexisting debt rule when interpreting the statute of frauds, but rather applies a "main purpose" or "leading object" rule, which states that when the main purpose or leading object of the promisor/surety is to subserve or advance its own pecuniary or business interest, the promise does not fall within the statute of frauds.
  • Deichmueller Const. Co. v. Industrial Comm’n 151 Ill. 2d 413 (1992) Employer's appeal bond must be signed by individual with authority to bind employer to financial obligation represented by bond; attorney cannot sign unless authorized by said individual.
  • Chaney v. Yetter 315 Ill. App. 3d 823 (4th Dist. 2000) Client of borrowing employer was entitled to protection of exclusive remedy provisions of Workers' Compensation Act for claim filed by borrowed employee.
  • Pearson v. Industrial Comm’n 318 Ill. App. 3d 932 (3d Dist. 2001) Outlines steps to establish volunteer fireman status and rejects application of emergency doctrine.
  • Bush v. Catholic Diocese 351 Ill. App. 3d 588 (3d Dist. 2004) A party has no First Amendment right to disseminate information obtained and gathered in preparation for trial.
  • Craigmiles v. Egan 248 Ill. App. 3d 911 (4th Dist. 1993) Appellate court's prior order refusing to grant leave to appeal of order granting new trial did not have preclusive effect on ability to raise issue in subsequent appeal.
  • Bernardoni v. Industrial Comm’n 362 Ill. App. 3d 582 (3d Dist. 2005) Frye standard for evaluating admissibility of expert or scientific evidence applies to workers' compensation proceeding; Illinois does not recognize claims for multiple chemical sensitivity (MCS).
  • Radosevich v. Industrial Comm’n 367 Ill. App. 3d 769 (4th Dist. 2006) Section 19(i) interest runs from date of award; Section 2-1303 interest commences only when circuit court enters judgment on award under Section 19(g).
  • S & H Floorcovering, Inc. v. Workers’ Compensation Comm’n 373 Ill. App. 3d 259 (4th Dist. 2007) Court signaled intent to give deference to arbitrator's fact-findings where Commission reverses arbitrator's conclusions without the Commission having received any new evidence.
  • Gridley v. State Farm 329 Ill. App. 3d 422 (5th Dist. 2002), rev’d, 217 Ill. 2d 158 (2005) Forum non conveniens doctrine applied to support dismissal of class action suit filed in Illinois, where plaintiff and actions giving rise to claim occurred in Louisiana.

Publications

  • “Jurisdictional Concerns in Workers’ Compensation Appeals From the Circuit to Appellate Court,” Illinois Defense Counsel Quarterly (2019)
  • "Preserving Error for Review in Illinois Trial Proceedings" chapter in Illinois Civil Appeals: State and Federal, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • "Stays and Appeal Bonds" chapter in Illinois Civil Appeals: State and Federal, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • "Workers' Compensation Appeals" chapter in Illinois Civil Appeals: State and Federal, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • "Interlocutory Appeals of Certain Orders" chapter in Illinois Civil Appeals: State and Federal, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • “Interlocutory Appeals of Certified Questions” chapter in Civil Appeals: State and Federal, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • “Judicial Reviews in the New World of eFiling,” Illinois Defense Counsel Quarterly (2018) - Download Article
  • "Federal Court of Appeals Strikes Down FAA’s Registration Rule Governing Recreational Drones," Heyl Royster News (2017) - Read Article
  • "A Primer on Recent Cases Impacting Workers’ Compensation Defense," Illinois Defense Counsel Quarterly Monograph (2016) - Download Article
  • "Workers’ Compensation: Never Pay Judgment Interest if You are Not Facing a Section 19(g) Judgment," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Survey of Illinois Law: Workers' Compensation—Understanding Interest and Enforcement Issues in Workers' Compensation Cases Following an Award of Benefits," Southern Illinois University Law Journal (2015) - Download Article
  • "Interlocutory Appeals of Certified Questions" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education
  • "Workers' Compensation Appeals" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education
  • "Motion Practice" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education
  • "Direct Appeals - Rule 302," chapter in Civil Appeals Illinois: State and Federal 2015, Illinois Institute for Continuing Legal Education
  • "Motions for Supervisory Orders and Mandamus" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education (2015)
  • "Preserving Error For Appeal" chapter in Civil Appeals (Illinois): State and Federal, Illinois Institute for Continuing Legal Education (2015)
  • "Appeal Bonds and Stays of Judgment" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education
  • "Interlocutory Appeals of Certain Orders" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education (2015)
  • "Survey of Illinois Law: Workers' Compensation," Southern Illinois University Law Journal (2014) - Download Article
  • "A Nunc Pro Tunc Order Cannot Be Used To Impart Rule 304(a) Language To A Prior Final, But Not Appealable, Order Where There Is No Indication Such A Finding Was Made When The Original Order Was Entered," The Brief (2014) - Read Article
  • "Fourth Amendment Protections Applied to Medical Care Provided to Pre-Gerstein Arrestees," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Recent Advances of the Traveling Employee Doctrine," For the Defense (2014) - Download Article
  • "Recent Cases Emphasize Need for Reform with Section 19(f) Appeal Bonds in Workers' Compensation Judicial Reviews," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "The Mailbox Rule and Workers’ Comp: A Better Route for Circuit Court Review," Illinois Bar Journal (2013) - Download Article
  • "Survey of Illinois Law: Workers' Compensation," Southern Illinois University Law Journal (2010) - Download Article
  • "Rule 315(a) Petitions for Leave to Appeal: A Practice Primer," Illinois Defense Counsel Quarterly(2009) - Download Article
  • "Workers' Compensation Practice on Appeal," Northern Illinois University Law Review (2002)
  • "Evaluating Your Case for Appeal," Illinois Defense Counsel Quarterly (2008) - Download Article
  • "Supreme Court Rule 306(a) Interlocutory Appeals Are Not Tolled By the Filing of a Motion for Reconsideration," Illinois Defense Counsel Quarterly (2007) - Download Article
  • "Preserving Error For Appellate Review," Illinois Defense Counsel Quarterly (2006) - Download Article
  • "Appellate Motion Practice," Illinois Defense Counsel Quarterly (2005) - Download Article
  • "Appeal Bonds in Civil Cases - Recent Rule Modifications," Illinois Defense Counsel Quarterly(2004) - Download Article
  • "Economic Disability and Earning Capacity: A Historical Analysis for Wage Differential Claims," Illinois Defense Counsel Quarterly Monograph (2006) - Download Article
  • "Securing Appeal Bonds in Workers' Compensation Appeals From the Commission," Illinois Defense Counsel Quarterly (2003) - Download Article
  • “Three Recent Appellate Court Jurisdictional Rulings Should Give Practitioners Pause When Filing Reviews,” Illinois Defense Counsel Quarterly (2018) - Download Article

Public Speaking

  • “Accident Caused by Risks Resulting from Everyday Activities: Moving Toward a New Standard? A Panel Discussion”
    Heyl Royster's 33rd Annual Claims Handling Seminar 2018
  • “Improving Your Presentations in Court and in Professional Practice”
    Peoria County Bar Association 2017
  • “Instant Replay: Significant Developments in Case Law”
    Heyl Royster's 32nd Annual Claims Handling Seminar 2017
  • “Insights into Appellate Practice ‘Danger Zones’”
    Central Illinois Women’s’ Bar CLE Luncheon 2016
  • “Preserving Error for Appeal”
    HarrisMartin’s Midwest Asbestos Litigation Conference 2016
  • “Review of Significant Appellate Decisions of the Past Eighteen Months”
    Heyl Royster's 31st Annual Claims Handling Seminar 2016
  • “Temporary Transitional Employment”
    Heyl Royster's 31st Annual Claims Handling Seminar 2016
  • “Case Law Update: The Most Significant Worker's Compensation Decisions of 2015 and Early 2016”
    Heyl Royster's 31st Annual Claims Handling Seminar 2016
  • “Using Interlocutory Appeals in Your Case”
    Winnebago County Bar Association 2015
  • “Stays, Bonds and Sureties”
    Illinois Appellate Practice Institute-Chicago, Illinois Institute for Continuing Legal Education 2015
  • “Appellate Issues in Workers' Compensation Cases Affecting Governmental Employers”
    The Crossroads of Governmental Law, Workers' Compensation & You, Heyl Royster Fall Seminar 2015
  • “Social Security Disability Offsets in Workers’ Compensation”
    National Business Institute 2015
  • “Better Briefs and Oral Arguments”
    Advanced Appellate Practice Seminar, Peoria County Bar 2015
  • “Administrative Appeals for Governmental Lawyers”
    Peoria County Bar Association 2015
  • “Workers Compensation Appeals”
    Sterling Education Services 2015
  • “A Year in Review: The Most Significant Workers’ Compensation Appellate Decisions of 2014 and Early 2015”
    Heyl Royster's 30th Annual Claims Handling Seminar 2015
  • “Appellate Considerations for Governmental Clients – What You Need to Know About the Appeals Process, Appellate Options, and Evaluating Your Case for Appeal”
    Heyl Royster's 30th Annual Claims Handling Seminar 2015
  • “Judicial Reviews to the Circuit Court”
    ALA Administrative Seminar 2014
  • “Interlocutory Appeals”
    McLean County Bar Association 2014
  • “Judicial Reviews”
    PCBA Workers’ Compensation Winter Series 2013
  • “Workers’ Compensation Case Law Update and Using an Appeal to Your Advantage”
    Lorman Business Institute 2013
  • “Writing Better Briefs”
    McLean County Bar Association 2013
  • “Preserving Error for Appeal”
    ISBA Webcast 2013
  • “Appellate Practice (Moot Court teams and Advanced Moot Court Course)”
    Southern Illinois University School of Law 2013
  • “Appeal Bonds and Sureties”
    Appellate Lawyers Association 2012
  • “Workers' Compensation Appeals to the Commission, Circuit and Appellate Court”
    Winnebego County Bar Association 2011
  • “Recent Changes and Developments in Illinois Workers' Compensation Appeals/Recent Cases”
    IDC Fall Seminar 2011
  • “Oral Argument Tips and Strategies”
    Illinois Appellate Lawyers' Association Seminar 2010
  • “Appellate Interlocutory Practice”
    IICLE 2008
  • “Workers Compensation & Administrative Law for Paralegals”
    Instructor, Illinois Central College 2005 & 2006
  • “Legal Writing for Paralegals”
    Instructor, Illinois Central College 2006