No Penalties for Delay in Authorizing Medical Treatment: A Defense for Employers
No Penalties for Delay in Authorizing Medical Treatment: A Defense for Employers
October 2020
Expanding on its reasoning in Hollywood Casino-Aurora, Inc. v Ill. Workers’ Comp. Comm’n, 2012 IL App (2d) 110426WC, the Second District Appellate Court issued a decision that limits the awarding of Section 19(l) and Section 8(a) penalties and attorney’s fees under the Illinois Workers’ Compensation Act.
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?
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.
Making a Difference for Worker's Comp Respondents, Others
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
Application of the Affirmative Defense of Comparative Negligence in Non-Traditional Scenarios
April 2020
By: Dylan R. Besser
- Introduction
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
Illinois Supreme Court Holds Primary Jurisdiction No Longer Grants Circuit Courts Authority to Stay Pending Workers’ Compensation Claims
April 2020
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.