Heyl Royster

 

Bradford Peterson

Bradford Peterson


Significant Cases

  • Johnson v. Daimler Chrysler Corporation, Blane Warren and Aladdin Electric Obtained favorable settlement (structured settlement with cost in low seven figures) in negligent entrustment and product liability action involving death of an accountant with wife and two children.
  • Tracy Green v. Freitag-Weinhardt Obtained favorable settlement of workers' compensation claim and third-party liability claim against petitioner/plaintiff's employer.  Plaintiff suffered from fractures to the T11-T12 vertebra with resulting paraplegia.  Seven figure settlement reached with primary defendants and third-party liability claim as well as workers' compensation claim resolved through workers' compensation lien waiver and partial satisfaction of future medical expense.
  • Shuman v. Lauhoff Grain Company Workers' compensation decision for the respondent in case involving disputed hearing loss claim brought by a 37 year employee.  Ruling in favor of respondent based, in part, upon proof that respondent had in place mandatory hearing protection during the entirety of petitioner's career.
  • West v. Kirkham 207 Ill. App. 3d 954 (4th Dist. 1991) Recognized that trial court may find plaintiff contributorily negligent as a matter of law.
  • Propst v. Weir 937 F.2d 338 (7th Cir. 1991) Application of qualified immunity for university officials in First Amendment Retaliatory Transfer claim.

Publications

  • “Recent Appellate Court Decisions Provide Guidance on Analysis of Injuries Resulting from Everyday Activities,” Illinois Defense Counsel Quarterly (2017) - Download Article
  • “Commission Issues Proposed Amendments to Rules of Practice,” Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Employees Innocent, But Injurious Self-Treatment Fails to Break Causal Connection," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Appellate Court Rejects Petitioner's Attorney's Fees Claim as to Future Medical Benefits Suspended by Virtue of Third-Party Judgment," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Protecting Medicare Advantage Plans' Recovery of Conditional Payment of Medical Expenses," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Estate Entitled to Recover Accrued PPD Benefits Regardless of the Existence of Dependents," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Circuit Court Lacks Jurisdiction Over Common Law Fraud Claims Where Arbitrator Previously Ruled on Fraud Abuse," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Foundation No Longer Required for Medical Opinions Contained in Medical Records," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Appellate Court Further Restricts Employer's Ability to Terminate Temporary Total Disability Where Employee Was Discharged for Cause," Illinois Defense Counsel Quarterly(2015) - Download Article
  • "Workers' Compensation Report: The Illinois Appellate Court Departs from the Increased Risk Doctrine," Illinois Defense Counsel Quarterly (2014) – Download Article
  • "CMS Begins to Reform Conditional Payments Process and Proposes Rules for the Re-Review of Rejected Medicare Set-Aside Proposals," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Are All Workplace Stairway Falls Now Compensable in Illinois?" Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Illinois Chamber of Commerce Releases Report on Judicial Activism in Workers' Compensation Rulings," Illinois Defense Counsel Quarterly (2014) – Download Article
  • "SMART Act Medicare Reforms Become Law," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Are Temporary Partial Disability Benefits Subject to a Maximum Rate?" Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Illinois Supreme Court Applies the Mailbox Rule to Circuit Court Reviews," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Calculating the Credit for Prior Amputation Payments," Illinois Defense Counsel Quarterly(2013) - Download Article
  • "Employers Not Entitled to TTD Credit in 19(g) Proceedings," Illinois Defense Counsel Quarterly (2012)  - Download Article
  • "TTD in a Post-Interstate Scaffolding World," Illinois Defense Counsel Quarterly (2012) - Download Article
  • "Medicare and Future Medical Expenses: Does the Super Lien Apply?" Illinois Bar Journal (2010)
  • "Illinois Workers' Compensation and the Medicare Secondary Payer Act," chapter in Illinois Workers' Compensation Law (2009-2010 Edition) West
  • "Medicare and Medicaid: Workers' Compensation and Medicare Set-Aside Issues," IDC Conference, Medicare and Medicaid: Avoiding Post-Judgment and Post-Settlement Litigation (2009) - Download Article

Public Speaking

  • “Too Old for the Game: Developments in Medicare Set-Asides and What is Coming”
    Heyl Royster's 32nd Annual Claims Handling Seminar 2017
  • “Medicare Advantage Plans & Thorny Medicare Issues”
    Heyl Royster's 31st Annual Claims Handling Seminar 2016
  • “Medicare Considerations in Settlement of Civil Cases”
    How am I Going to Settle this Case? IDC Seminar 2016
  • “Intersection of Medicare and Tort Law”
    “Tort Practitioners’ Topics of Interest” ISBA Seminar 2016
  • “Medicare Set-Asides and Conditional Payments Update”
    Heyl Royster's 30th Annual Claims Handling Seminar 2015
  • “Closing Medical Rights: The New Frontier of Medicare Set-Asides and Assignments of Medical Rights with Today’s Defense Strategies”
    Heyl Royster's 30th Annual Claims Handling Seminar 2015
  • “Medicare Secondary Payer Act Compliance and Workers’ Compensation”
    Peoria County Bar Association Workers’ Compensation Seminar 2014
  • “Use of AMA Impairment Ratings in Workers’ Compensation Arbitrations”
    ISBA Workers’ Compensation Section Council Advanced Workers’ Compensation Seminar 2014
  • “Medicare Set-Asides/Conditional Payments Pitfalls and Practice Pointers”
    Heyl Royster 29th Annual Claims Handling Seminar 2014
  • “Medicare Set-Asides in Liability Settlements and Medicare Secondary Payer Act Compliance”
    Stratford Publications, National Webinar 2013
  • “Medicare Set-Asides and Personal Injury Litigation”
    National Business Institute 2012
  • “Workers’ Compensation Claims and the Medicare Secondary Payer Act”
    Stratford Publications National Webinar 2012
  • “Medicare Set-Asides and Conditional Payments Update”
    Heyl Royster 27th Annual Claims Handling Seminar 2012
  • “Medicare Set-Aside Trusts”
    Heyl Royster 26th Annual Claims Handling Seminar 2011
  • “Mock Trial Participant”
    ISBA Workers’ Compensation Section Council 2010
  • “What You Need to Know about Medicare Liens, Conditional Payments and Set-Aside Trusts”
    Heyl Royster 24th Annual Claims Handling Seminar 2009
  • “Federal Bailout MSA Strategies and Developments”
    Heyl Royster 24th Annual Claims Handling Seminar 2009