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Which Workers’ Compensation Policy Applies When Two Entities Merge?

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.   

20 Medicare Tips for 2020

January 2020

By: Marina Takagi Cobb, MSCC, CMSP

    GENERAL TIPS:

  1. Start early! When preparing an initial analysis of a workers’ compensation claim, keep note of: claimant’s date of birth, Social Security Disability status, and Medicare entitlement date, in order to initiate a Medicare investigation early.

  2. The BCM Medicare Compliance Department is available to assist with any Medicare-related issues throughout the pendency of a claim. Please do not hesitate to contact us at any time during your case. It is never too early or too late!

  3. The low-dollar review thresholds for liability, no-fault, and workers’ compensations cases remain $750.00, effective January 1, 2020.

Legal Recreational Use of Marijuana Is Coming What Employers Should Know

Legal Recreational Use of Marijuana Is Coming What Employers Should Know

July 2019

The Cannabis Regulation and Tax Act (the "Act"), signed by Illinois Governor J.B. Pritzker on June 25, 2019, becomes effective on January 1, 2020. The Act legalizes the recreational use of marijuana for adults 21 years or older. What does this mean for employers in Illinois? In short, perhaps not all that much. The Act includes important protections for employers which are summarized below.

Zero Tolerance/Drug Free Workplace Policies

The Act does not prohibit an employer from adopting zero tolerance or drug free workplace policies, including employment policies concerning drug testing. Accordingly, Illinois employers with existing zero tolerance, drug free work place and drug testing policies may continue to enforce these policies when recreational use of marijuana becomes effective on January 1, 2020, as long as these policies are applied in a non-discriminatory manner.

The Exclusive Remedy Provision of The Workers’ Compensation Act Must be Considered When Determining Coverage for Additional Insureds

The Exclusive Remedy Provision of The Workers' Compensation Act Must be Considered When Determining Coverage for Additional Insureds

June 2019

General contractors in the construction industry typically require subcontractors to procure insurance naming the general contractor as an "additional insured" on the subcontractor's commercial general liability policy. The scope of coverage afforded to the general contractor as an additional insured depends on the policy language, which often times attempts to limit coverage to liability caused by the acts or omissions of the subcontractor. In Illinois, courts will generally compare the allegations in the complaint to the policy language in determining whether a general contractor is covered by the subcontractor's policy of insurance. What if the subcontractor is not named as a defendant in the underlying complaint? Does an insurer have a valid basis to deny coverage because the complaint has no allegations that the general contractor's liability was caused by an act or omission of the subcontractor? The Illinois Court of Appeals (4th District) recently addressed these questions in Core Construction v. Zurich American Insurance, 2019 IL App (4th) 180411.

Core Construction (Core) was a general contractor for the construction of a building and subcontracted with Schindler Elevator Corporation (Schindler) to install escalators at the project. Schindler was required to name Core as an additional insured on its commercial general liability policy issued by Zurich American Insurance Company (Zurich). An employee of Schindler was injured at the project and filed suit against Core.

  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • DRI
  • The Illinois Association of Defense Trial Counsel
  • Illinois Self-Insurers' Association
  • Chicago Bar Association
  • Workers' Compensation Lawyers Association
  • DRI
  • 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
1015 Locust Street, Suite 914
St. Louis, MO 63101
Phone: 314-300-0527
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