Workers' Compensation

Recent Posts

Illinois: No Jurisdiction Where Last Act of Forming Employment Contract was in Indiana
Posted on 10 Oct 2021 by Thomas A. Robinson

An Illinois county circuit court erred when it confirmed an award of workers’ compensation benefits for an Illinois resident who sustained injuries at her employer’s worksite in Indiana and who completed her employment application in Indiana... Read More

Illinois: In “Lent Worker” Scenario, Both Lender and Borrower May Utilize Exclusive Remedy Defense
Posted on 28 Jul 2021 by Thomas A. Robinson

An Illinois appellate court held that where a temporary staffing agency assigns or loans a worker to a borrowing company, both the “lender” and the “borrower” are immune from tort liability under the exclusive remedy provisions... Read More

Illinois: Employment Contract’s “Last Act” Supplies Jurisdiction for Out-of-State Injury
Posted on 22 May 2021 by Thomas A. Robinson

A state appellate court affirmed a decision by the Illinois Workers’ Compensation Commission that found it had jurisdiction to consider the injury claim of an operating room nurse hired by an Illinois staffing company who suffered injuries while... Read More

Illinois: Intervening Insurer is Not a Party to Injured Worker's Third-Party Tort Suit
Posted on 9 Dec 2020 by Thomas A. Robinson

Under section 5(b) of the Illinois Workers’ Compensation Act [820 ILCS 305/5(b)], an employer or insurer who intervenes in a civil action filed by the injured employee against a third-party is only allowed to play a limited role in such litigation... Read More

Illinois: Injuries Arising From "Common Bodily Movements" May be Compensable
Posted on 26 Oct 2020 by Thomas A. Robinson

Overruling Adcock v. Illinois Workers’ Compensation Comm’n , 2015 IL App (2d) 130884WC, and its progeny, to the extent that those decisions held injuries attributable to common bodily movements or routine everyday activities, such as bending... Read More

Illinois: Civil Action for Violation of Biometric Information Privacy Act Not Barred by Exclusive Remedy Rule
Posted on 18 Oct 2020 by Thomas A. Robinson

An Illinois appellate court, rendering a decision that is consistent with earlier federal court decisions on the same subject, held that an employee's civil action claim for statutory, liquidated damages against her employer for alleged violations... Read More

Illinois: No Penalties for Delay in Authorizing Medical Care
Posted on 10 Mar 2020 by Thomas A. Robinson

While the Illinois Workers’ Compensation Act provides, under some circumstances, for the imposition of penalties for the delay in paying medical expenses and other benefits, there is no statutory authority for imposing penalties for an alleged delay... Read More

Illinois: Commission and Trial Court Sometimes Enjoy Concurrent Jurisdiction over Workers’ Compensation Disputes
Posted on 6 Nov 2019 by Thomas A. Robinson

While workers’ compensation issues generally are to be determined exclusively by the Illinois Industrial Commission under 820 ILCS 305/18, nevertheless, that statutory provision does not divest the circuit court of jurisdiction of all issues involving... Read More

Illinois: Borrowing Employer’s Immunity From Suit Does Not Depend Upon Procurement of Insurance
Posted on 16 Jun 2019 by Thomas A. Robinson

A borrowing employer is immune from tort liability with regard to injuries sustained by a temporary staffing agency worker assigned to it, held an Illinois appellate court. Moreover, that immunity springs from the borrowed-employee relationship itself... Read More

Illinois: Description of Injury in Workers’ Compensation Settlement Agreement Did Not Bar Later Third-Party Claim for Additional Injuries
Posted on 8 Feb 2019 by Thomas A. Robinson

Where plaintiff, a semi-truck driver for a Pennsylvania corporation, sustained injuries in a vehicular accident in Grundy County, Illinois and eventually settled his Pennsylvania workers’ compensation claim by means of a settlement agreement in... Read More

IL: Statutory Cap Does Not Apply to Guaranty Fund Payments Related to Excess Comp Coverage
Posted on 25 Oct 2013 by Larson's Spotlight

A divided Illinois Supreme Court recently held that a $300,000 cap on payment of individual claims related to obligations of insolvent carriers by the Illinois Insurance Guaranty Fund does not apply to excess coverage policies providing workers’... Read More

Patients, Pills and Profits: Physician Dispensing Increases Costs in Illinois Workers’ Comp Claims
Posted on 13 Jun 2014 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Peeling Away the Onion on Physician Dispensing... Read More

Federal: Retaliatory Discharge Action Not Dependent Upon CBA
Posted on 16 Aug 2013 by Larson's Spotlight

The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations... Read More