Practice Alerts

312-425-3131

10 South LaSalle Street, Suite 900, Chicago, IL 60603

211 Landmark Drive, Suite C2, Normal, IL 61761

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Precision in Litigation Cuts Large MSA by Almost Half

May 2019

The claimant, a certified nursing assistant, injured her right hand when a patient grabbed it, squeezing and twisting.

Her treating physician found no significant bone or muscle injury, but nevertheless diagnosed complex regional pain syndrome of the right upper extremity. Within eleven months of the accident, a spinal cord stimulator was implanted to control claimant’s right hand and arm pain.

Over a year later, the claimant first complained of left hand and thorax pain. The claimant’s physician diagnosed complex regional pain syndrome “spreading to the left upper extremity.” The employer’s examining expert disagreed, noting not only the time delay in reporting left side symptoms, but also that the claimant’s left-sided symptoms were not consistent with chronic regional pain syndrome. There was also an issue as to the level of work the claimant could perform on a permanent basis.

Must Petitioner Take a Transitional Job?

May 2019

By: Francis M. Brady

“The Act is meant to compensate a claimant for economic disabilities that diminishes his value in the labor market…” And of course “(it’s) remedial in nature.”

These statements and pronouncements of their ilk are familiar to Illinois employers and representatives. Made by the Commission or Courts, they instinctively lead to the sinking realization that: “We’ve lost another one.”

Limiting The Impact of Opioids

April 2019

By: Francis M. Brady

Outside of “medical marijuana,” the term most often heard recently regarding healthcare in Illinois, and by extension, workers’ compensation practice, is “opioid crisis.” Unlike the alarm over marijuana, where there is no actual experience underlying the sense of foreboding, concerns over opioid usage are founded upon hard data.1

Per the Illinois Department of Public Health (IDPH), opioids are “a class of drugs that include heroin; common prescription pain relievers such as oxycodone and hydrocodone (Vicodin, Percocet, Oxycontin); and, synthetically manufactured analogs such as Fentanyl.” The IDPH warns that “…physical tolerance to opioids can develop in as few as 2-3 days of continuous use...opioids affect respiratory regulation of the brain and an overdose can cause someone to stop breathing…”

Stormy Weather for Parking Lot Falls

April 2019

By: Charles M. Maring, II

Employee accidents in parking lots on the employers' premises can present a "slippery" analysis in determining compensability. A recent decision from the Court of Appeals, Cher Smith v. IWCC et al., suggests a new standard for determining compensability in these cases.

Before discussing the case facts, we should point out a procedural issue. The Smith case was decided under Rule 23 meaning it will not be published and is not controlling on any future case. That could change but as of right now, publication is not expected.

  • 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
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