Workers' Compensation Resources

Below the Red Line March 2023
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  • CASE REVIEW: City of Joliet v. IWCC, et al., 2023 IL App. (3d) 220175WC

Below the Red Line February 2023
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  • Distinguishing Between Permanent Partial Disability Cases: Loss of Trade or Wage Differential.

Below the Red Line January 2023
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  • Public Or Employer Provided Parking? That Is The Question.

Below the Red Line December 2022
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  • You’ll Shoot Your Eye Out! Defending Eye Injury Claims

Below the Red Line November 2022
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  • Life Care Plans: Limits On The Commission’s Authority

Below the Red Line October 2022
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  • Bonuses and Calculation of Average Weekly Wage

Below the Red Line September 2022
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  • Malecki v. IWCC: The Importance Of Securing A Complete Causation Opinion

Below the Red Line August 2022
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  • Change at the Commission: Pro Se Settlements, Redline Cases, and Motions to Withdraw - What You Need

Below the Red Line July 2022
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  • Penalties and Fees Served Up for Frivolous Contention of Issues at Hearing

Below the Red Line June 2022
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  • No Discovery, No Problem: How To Provide An Effective Defense To Disputed Claims

Below the Red Line April 2022
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  • Effect of the Shift to a Work-From-Home Society on the Analysis of “Accident” in Work Comp

Below the Red Line March 2022
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  • IL Supreme Court Rules Exclusivity Provisions in Workers’ Comp Act Doesn’t Bar Claims Under BIPA

Below the Red Line February 2022
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  • No Section 5(a) Immunity For General Contractor Operating Separately From Subsidiary-Subcontractor

Below the Red Line January 2022
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  • Country Mutual vs. Under Construction: Insurer and Employer Contractual Duties

Below the Red Line December 2021
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  • The Second Injury Fund: What You Need To Know
  • You’ll Shoot Your Eye Out! Defending Eye Injury Claims

Below the Red Line November 2021
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  • Rebutting the Presumption: Covid-19 Exposure Claims

Below the Red Line October 2021
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  • What’s My Job?: A Look at Voluntary Undertakings Considered “In the Course” of Employment

Below the Red Line September 2021
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  • Latent Diseases Which Give Rise to Claims Brought Under the Workers’ Occupational Diseases Act

Below the Red Line August 2021
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  • Payment v. Authorization of Treatment-Penalties Under Section 19(l)

Below the Red Line July 2021
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  • Important Procedural Updates Effective 7-1-21

Below the Red Line June 2021
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  • Will Section 8(a) of the Illinois Workers Compensation Act Allow Prescription of Medical Marijuana?

Below the Red Line May 2021
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  • Bowen V. IWCC: Appellate Court Refuses To Hear Appeal

Below the Red Line April 2021
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  • Identifying and Resolving Medicare Issues In Workers’ Compensation Settlements

Below the Red Line March 2021
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  • Independent Medical Examinations
  • Commission News

Below the Red Line February 2021
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  • Recouping Your Section 5(b) Lien: Is the Employer Subject to Discovery in the Third-Party Claim?

Below the Red Line January 2021
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  • COVID-19 Vaccines & Employee Injury: Is There a Compensable Workers' Compensation Claim

Workers' Compensation E-Clips
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  • An Update from the Commission
  • Appellate Court Finds Section 8.1b AMA Impairment Rating Report Not Mandatory
  • Appellate Court Signals First Positive Departure from Interstate Scaffolding
  • Arbitrator Re-Assignments
  • Chairman Michael Brennan Extends Plan for Emergency Hearings/Trial Settings Through April 2020
  • Chairman Michael Brennan’s Updated Plan for Emergency Hearings/Trial Settings
  • COVID-19 Update
  • COVID-19 Update from the Commission and Our Firm
  • Firefighter permitted to recover benefits for PTSD related to the death of a co-worker
  • IL Legislation Proposed to Establish a Rebuttable Presumption for 1st Responders & Frontline Workers
  • It’s No Accident: Workers’ Compensation Act Recovery Bars Civil Tort Claim
  • Latest Update from Chairman Brennan
  • New Arbitrator Assignments
  • New Commission Procedures Due to Recent COVID Surge
  • Rebuttable Presumption Now Signed Into Law by Governor Pritzker
  • Recent Decision Addresses What Constitutes “Incidental To Employment” In “Arising Out Of” Analysis
  • The Illinois Appellate Court Gives “Credit” where Credit is Due
  • United States Supreme Court Decisions on OSHA and CMS Rules

Below the Red Line December 2020
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  • Previous Non-Precedential 23(b) Decisions Can be Cited as Persuasive Source Beginning in 2021

Below the Red Line November 2020
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  • First Report of Injury: Timing, filing requirements, and best practices

Below the Red Line October 2020
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  • When the Employer is the Last to Know: Is Lack of Timely Notice a Viable Defense?

Below the Red Line September 2020
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  • McAllister v. IWCC: The Supreme Court Provides An "Arising Out Of" Test

Below the Red Line August 2020
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  • Navigating an Amputation Rate Calculation

Below the Red Line July 2020
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  • Commission Finds Vocational Rehab Assessment Must Be Prepared by Counselor of Respondent's Choice

Below the Red Line June 2020
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  • Can a Traveling Employee Injured During Lunch be Found Compensable?

Below the Red Line May 2020
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  • Illinois v. Missouri: Employee Falls At and Away from Employer’s Premises

Below the Red Line April 2020
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  • Emergency Rule Approved By IWCC Regarding COVID-19 Diagnosis For “Essential” Employees

Below the Red Line March 2020
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  • Defending Claims in the Age of COVID-19

Below the Red Line February 2020
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  • "I'm filing for penalties and fees, and the arbitrator isn't going to be happy with you!"

Below the Red Line January 2020
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  • Personal Injury Firm Settles with Gov't. for Failure to Reimburse Conditional Payments to Medicare

Below the Red Line December 2019
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  • Cannabis Trailer Bill Enlightening for Employers

Below the Red Line November 2019
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  • Is the Respondent Required to Pay PPD Awards in a Lump Sum?

Below the Red Line October 2019
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  • IL Supreme Court granted the Rule 315(a) Petition for Leave to Appeal in McAllister case

Below the Red Line September 2019
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  • New Commissioner Appointed
  • TTD Overpayments as a Credit Against PPD Awards

Below the Red Line August 2019
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  • Risky Business - Consequences of Non-Compliance

Below the Red Line July 2019
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  • Overview of the 2018 Annual Report

Below the Red Line June 2019
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  • Dual Capacity Doctrine

Below the Red Line May 2019
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  • "Arising Out Of" and the Performance of Everyday Activities: A Solution or More Confusion?
  • New Legislation

Below the Red Line April 2019
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  • A Word From The Practice Chair

Below the Red Line March 2019
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  • New Commission Appointments

Below the Red Line February 2019
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  • Fall While Using Stairs at Work Found Non-Compensable Under Neutral Risk Analysis

Below the Red Line January 2019
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  • Snow and Ice as a Per Se Hazardous Condition?

Below the Red Line December 2018
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  • Revisiting the Concept of Independent Contractors

Below the Red Line November 2018
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  • To Submit Or Not Submit An MSA – That Is The Question?

Below the Red Line October 2018
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  • Craig Young Becomes New Managing Heyl Royster Partner
  • Dana Hughes Manages Peoria Workers’ Compensation
  • Appellate Court Rejects Request to Abandon Intervening Act Theory

Below the Red Line September 2018
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  • Can a Light Duty Program for Work Comp Claimants Create a Duty to Accommodate Under the ADA?

Below the Red Line August 2018
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  • Finding the Path after Pathfinder

Below the Red Line July 2018
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  • Andrew (AJ) Sheehan Joins Our Springfield Office
  • Co-Worker Immunity in the Context of the Employer Controlled Commute

Below the Red Line June 2018
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  • How to Handle a 5(b) Lien

Below the Red Line May 2018
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  • A Word from our St. Louis Office
  • Medicos Pain and Surgical Specialists, S.C. v. Travelers Indem. Co. of America

Below the Red Line March 2018
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  • The Year in Review

Below the Red Line February 2018
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  • App. Ct. Holds that Section 19(n) Interest Applies Until Commission Decision is Reduced to Judgement

Below the Red Line January 2018
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  • App. Court Clarifies Section 8(a) Where Medical Expenses Are Paid at a Negotiated Rate
  • Workers’ Compensation Panel Assigned New Justice

Below the Red Line December 2017
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  • Effectively Using Utilization Review (UR) Reports in Your Case

Below the Red Line October 2017
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  • Paying Temporary Total Disability Benefits After Retirement?
  • Workers’ Compensation Commission Update

Below the Red Line September 2017
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  • Appellate Court Issues Employer-Favorable Decision in Slip and Fall on Rain-Soaked Pavement Case

Below the Red Line August 2017
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  • Wage Differential vs. “Loss of Occupation” Claims

Below the Red Line July 2017
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  • Appellate Court Clarifies Interstate Scaffolding’s Application to Terminated Employees

Below the Red Line June 2017
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  • Antonacci to Manage Firm's Chicago Workers' Compensation Practice
  • Fireman's Heart Attack Claim Fails
  • Wage Differentials and the Challenge to find Suitable Employment

Below the Red Line April 2017
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  • Workers’ Compensation Claims and Subrogation

Below the Red Line Special Edition 2016
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  • Legislative Review
  • The Year In Review – 2016

Below the Red Line February 2017
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  • A Primer on Credits
  • Other News

Below the Red Line December 2016
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  • High Court Denies Leave to Appeal in AMA Rating Report Case: What This Means for Your Claims

Below the Red Line October 2016
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  • CMS Lowers SCHIP Reporting Threshold for Workers’ Compensation Cases
  • Traveling Employee Doctrine Does Not Encompass Travel “To and From” Normal Workplace

Below the Red Line August 2016
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  • New Case On PPD Presents Opportunity For Misunderstandings

Below the Red Line April 2016
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  • Don't Pay That High Interest Rate!
  • Recent Appellate Victories

Below the Red Line March 2016
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  • Wage Differential Without a Change in Wages?
  • Firm Workers' Compensation Activities and Victories

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