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 after reporting...
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 of the Illinois...
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 working in...
Where a university employee tripped and fell as she tried to step over a chain barrier outside the university’s personnel department, where she had intended to turn in her semi-weekly timecard, her injury claim was not compensable, held an Illinois appellate...
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, held a...
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, twisting...
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 of the state's...
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 in authorizing...
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 workers’...
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. It is not...
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 which he indicated...
In a divided decision, an Illinois appellate court held that a trial court did not abuse its discretion in allowing the defendant to raise the exclusive remedy defense in spite of the fact that the parties had already taken more than 40 depositions during more...
DOL Announces Adjustment of Civil Penalty Fines . CA: DWC Accepting Applications for QME Examination on Oct. 29 . CA: WCIRB President’s Message About 2016 Achievements, Plans Ahead . CA: Class Action Says WC System Has Bias Against Women . HI: State...
The Appellate Court of Illinois, Workers’ Compensation Commission Division, held that section 8.1b of the Illinois Workers’ Compensation Act [820 Ill. Comp. Stat. 305/8.1b (2012)], does not require an injured worker to submit an “AMA rating report”...
Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker...