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COVID-19 Continues to Present Evolving Challenges for Employers, Insurers and Third Party Administrators in Missouri

August 2020

By: Noah P. Hamann

COVID-19 continues to present evolving challenges for employers, insurers and third party administrators. Adjusting to these unprecedented claim situations requires a careful analysis of facts, rules, laws and the political climate.

Like many other states, Missouri’s Division of Workers’ Compensation has taken action aimed at addressing COVID-19 injuries and illnesses. While its COVID-19 rules have been in effect for several months, they are worth revisiting as Missouri is experiencing a rise in confirmed cases and hospitalizations. Recently, White House Health officials identified the St. Louis and Kansas City regions as “areas of rising infections.”[1] This uptick likely suggests the claims industry may also see an increase in COVID-19 related workers’ compensation allegations from employees. For these reasons, it is worth taking another look at the Division’s current rules relating to the pandemic.

Payment of Permanent Partial Disability Benefits: Weekly Accrual or Lump Sum?

June 2020

By: Kelly E. Kamstra

A recent case before the Illinois Appellate Court raised the issue how permanent partial disability benefits should be paid out by a respondent.  In the case of Alphonse Lannoni v. The City of Chicago, Petitioner was awarded $6,189.73 in additional temporary total disability benefits and 175 weeks of permanent partial disability benefits or $126,290.50. 

Respondent issued an initial check to Petitioner for $62,890.49, covering the temporary total disability benefits owed and more than 70 weeks of the permanent partial disability benefits awarded.  Following that initial check, Respondent issued a second payment of $3,135.78, four weeks after issuing the first payment.

Surbhi Saraswat Goyal

Making a Difference for Worker's Comp Respondents, Others

April 2020

Making a Difference for Worker's Comp Respondents, Others

     

Application of the Affirmative Defense of Comparative Negligence in Non-Traditional Scenarios

April 2020

By: Dylan R. Besser

  1. Introduction
  2. Two recent Federal courts interpreted Illinois law regarding the affirmative defense of comparative negligence in unique scenarios outside the typical personal injury lawsuit. The first case involved medical malpractice. Clanton v. United States, 18-3060 (7th Cir. 2019) (“Clanton”). The second case alleged breach of fiduciary duty.  Federal Deposit Insurance Corp. v. Chicago Title Insurance Co., No. 12-CV-05198 (Dec. 3, 2019), (“FDIC”), While the defendants in both cases argued that the plaintiff’s own comparative negligence should act as a defense to the plaintiff’s claims, the courts came to different conclusions.

Illinois Supreme Court Holds Primary Jurisdiction No Longer Grants Circuit Courts Authority to Stay Pending Workers’ Compensation Claims

April 2020

By: W. Scott Trench

The Illinois Supreme Court recently addressed the interplay between circuit courts and the Illinois Workers’ Compensation Commission in the context of an insurance coverage dispute.  In West Bend Mutual Insurance Company v. TRRS Corporation, et al., 2019 IL 124690, West Bend filed a declaratory judgment action in circuit court seeking a determination that it owed the petitioner’s employer no coverage for an underlying workers’ compensation claim.  West Bend argued the employer failed to give timely notice of the workers’ compensation claim in violation of the policy’s notice requirements.

Which Workers’ Compensation Policy Applies  When Two Entities Merge?

April 2020

By: Jeffrey F. Clement

In Ill. Ins. Guar. Fund v. Priority Transp., 2019 IL App (1st) 181454, the Appellate Court of Illinois, First District, was asked to determine a workers’ compensation insurance coverage issue in the instance where two corporate entities entered into a legal merger.  The issue came to a head because the workers’ compensation carrier for the original corporation because insolvent.  Therefore, the question became whether benefits should be provided under the Illinois Insurance Guarantee Fund (Fund) or by the workers’ compensation carrier of the surviving entity in the merger.   

  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • IRTB
  • DRI - The Voice of the Defense Bar
  • The Illinois Association of Defense Trial Counsel
  • Illinois Self-Insurers' Association
  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • IRTB
  • DRI - The Voice of the Defense Bar
  • The Illinois Association of Defense Trial Counsel
  • Illinois Self-Insurers' Association
10 South LaSalle Street, Suite 900
Chicago, IL 60603
Phone: 312-425-3131
211 Landmark Drive, Suite C2
Normal, IL 61761
Phone: 309-862-4914
One Metropolitan Square
211 North Broadway, Suite 2200
St. Louis, MO 63102
Phone: 314-300-0527
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