New! Illinois Workers’ Compensation Guidebook, 2009 Edition

New! Illinois Workers’ Compensation Guidebook, 2009 Edition

By Kim Presbrey

NEW! All-In-One, Easy to Use Resource
This guidebook contains both analysis of the law and a reprint of all statutes and rules

Quick Reference Guide for All Workers’ Compensation Professionals
This guidebook is written in plain English and is designed for all workers’ compensation professionals

Practice Aids & Tips
Co-authors Kim Presbrey & Kenneth Werts provide a balanced point of view from both the defense and claimant standpoints

  This first edition of the Illinois Workers’ Compensation Guidebook was made possible by the hard work of numerous practitioners who lent their time and considerable expertise, for the benefit of those who handle claims before the Illinois Workers’ Compensation Commission. The Guidebook is intended to serve as an easy-to-understand guide to Illinois workers’ compensation claims, both from the perspective of employers and employees. It provides an overview of the Illinois workers’ compensation system as well as detailed information relevant to the handling of complex workers’ compensation issues. With liberal citation to the Illinois Workers’ Compensation and Occupational Diseases Acts and current case law interpreting same, the user will be enabled to consult the Guidebook for answers to many of the issues that arise in claim handling. With an extensive collection of Tables and Charts and a summary of the most recent decisions handed down by the Illinois courts, there is no aspect of claims handling that is not addressed.


Call Customer Service at 1-800-223-1940 and ask for Publication # 1439.


 KIM E. PRESBREY, Presbrey & Associates, Aurora, IL

Kim E. Presbrey was a graduate of Northwestern University and Vanderbilt Law School . He spent 32 years practicing almost exclusively in the field of workers compensation in the state of Illinois . He was the senior, managing partner, in his law firm from1981. During that period of time he had over 80 cases argued in the Appellate Court Industrial Commission Division. He was a frequent lecturer and author on the subject of workers compensation.

Mr. Presbrey served on the board of managers for the Illinois Trial Lawyers Association from1992. He served as president of this Association in 2001-2002. He also served as a governor for the Illinois State Bar Association from 2003-2009. He wasa sustaining member for WILG since its inception in 1993.

Mr. Presbrey was chosen as a Super Lawyer and a Leading Lawyer in the state of Illinois every year since the inception of these two organizations. In 2008, Mr. Presbrey was chosen as one of the top 100 trial lawyers in the state of Illinois. He passed away in 2012.

 KENNETH F. WERTS, Craig & Craig, Mt. Vernon, IL

Kenneth F. Werts is a partner with the law firm of Craig & Craig and joined the firm in October 1984. Mr. Werts’ experience is in personal injury defense (product liability, railroad defense) with emphasis on workers’ compensation, black lung and occupational disease defense. He is rated AV by Martindale Hubbell and has been selected by his peers as a Leading Lawyer in Illinois . Mr. Werts has written and lectured throughout the State on a variety of topics and is the Co-Author of “Kotecki v. Cyclops Welding Corp. The Unanswered Question,” Third Party Practice, Illinois Institute for Continuing Legal Education, Chapter 8, 2004; Co-Author of “Settlement,” Illinois Civil Practice Before Trial, Illinois Institute for Continuing Legal Education, Chapter 3, 2009; Co-Author of “The IDC Monograph: The Normal Daily Activity Exception to Workers’ Compensation Claims,” IDC Quarterly, Third Quarter 2004, Volume 14, Number 3; and Co-Author of “The IDC Monograph: Economic Disability and Earning Capacity: A Historical Analysis for Wage Differential Claims,” IDC Quarterly, Third Quarter 2006, Volume 16, Number 3. He is a member of the Illinois State and American Bar Associations with whom he has been a member of the Workers’ Compensation and Employers Liability and Law Committee since 2001. Mr. Werts is a member of the Defense Research Institute. Mr. Werts is also a member of the National Association of Railroad Trial Counsel and a member of the Illinois Association of Defense Trial Counsel, serving on the Board of Directors from 2001-2006 and as President Elect 2009-2010.

Mr. Werts has been active in appellate practice throughout his career, with 21 opinions issued where he was counsel of record. Mr. Werts has presented arguments before the Illinois Supreme Court and in every District of the Appellate Court.

Mr. Werts has tried hundreds of cases before the Illinois Workers’ Compensation Commission during his years of practice from the most simple of cases to complex occupational disease claims. Mr. Werts also handles occupational disease claims before the United States Department of Labor. Over his career he has been a frequent writer and lecturer on workers’ compensation and occupational disease. He has served twice as Chair of the Illinois State Bar Association Council on Workers’ Compensation, first from 1997-1998 and again from 2008-2009. He was Co-Chair of the Employment Law Committee 2001-2003 of the Illinois Association of Defense Trial Counsel and Co-Chair of the Workers’ Compensation Committee of the Illinois Association of Defense Trial Counsel 2003-2005. Mr. Werts is also a member of the Workers’ Compensation Committee of the Defense Research Institute.


Joseph Basile, Rusin, Maciorowski & Friedman, Ltd., Miles Cahill, Spiegel & Cahill, James Clune, Garofalo, Schreiber, Hart & Storm, Ltd., James Hulbert, Schiff & Hulbert, Cheryl Intravaia, Feirich/Mager/Green/Ryan, Andrew Rane, Garofalo, Schreiber, Hart & Storm, Ltd; Robert Sabetto, Schiff & Hulbert, Matthew Schiff, Schiff & Hulbert, and Lauren K. Meachum, Law Offices of Lauren K. Meachum.


Part I: Guide to Claims.
Ch. 1, Overview of Workers’ Compensation, describes the nature and purposes of the workers’ compensation system in Illinois .
Ch. 2, Workers’ Compensation Insurance, analyzes the regulatory requirements for employers and insurance carriers.
Ch. 3, Covered Employment, discusses the types of employers and employees covered by workers’ compensation.
Ch. 4, Covered Injuries, describes the requirements for an injury to be covered by workers’ compensation.
Ch. 5, Medical Benefits, analyzes the medical benefits an employee is entitled to under Illinois workers’ compensation law.
Ch. 6, Average Weekly Wage and Temporary Disability Benefits, describes the process for calculating average weekly wage and analyzes the range of temporary benefits available for an injured employee.
Ch. 7, Permanent Disability Benefits, analyzes the awards an employee is entitled to once it is established that he or she is permanently disabled.
Ch. 8, Vocational Rehabilitation, analyzes the types of training and other resources an employer may be required to provide if an injured employee is not able to return to his or her former employment following an injury.
Ch. 9, Death Benefits, describes the types of benefits available to beneficiaries of an employee who is killed in the course of a work-related accident.
Ch. 10, Illinois Workers’ Occupational Diseases Act, analyzes the benefits that may be payable to an employee whose disease arose out of and in the course of his or her employment.
Ch. 11, Claims Adjuster’s Role and Ethics, provides an overview of a workers’ compensation claim from the perspective of a claims adjuster and practical guidance on processing claims.
Ch. 12, Penalties, analyzes the penalties an employer or insurance carrier may be subject to when it fails to pay timely benefits to an injured employee without a good reason.
Ch. 13, Proceedings Before the Commission, provides practical guidance for preliminary proceedings and the hearing process before the Workers’ Compensation Commission.
Ch. 14, Appeals, describes the process, procedural requirements, and deadlines for appealing workers’ compensation claims to the Workers’ Compensation Commission, Illinois Circuit Courts, and the Illinois Supreme Court.
Ch. 15, Settlements, discusses the requirements and procedures for settling workers’ compensation claims.
Ch. 16, Subrogation and Third-Party Claims, analyzes situations in which an employer or insurance carrier may have the right to collect damages from a blame- worthy third party and situations where an employer might be immune from liability for a third-party claim.
Part II: Case Summaries. Case summaries of recent published opinions of the Illinois appellate courts are included to help refresh your memory about key cases and to assist you with your legal research.
Parts III and IV: Statutes and Rules. The guidebook provides quick access to all relevant workers’ compensation statutes and rules, an invaluable resource for all system participants when dealing with a workers’ compensation claim.
Part V: Tables and Charts. Helpful tables, charts, and a bibliography of LexisNexis medical reference materials are included.
Reference Directory. Contact information of the Illinois Workers’ Compensation Commission is located near the beginning of the handbook.
Index. A detailed index is located at the end of the guidebook to assist you with finding the information you need.