Below are four main section headings that appear in Heyl Royster Workers'
Compensation Newsletter. Under each main section heading is an alphabetical
list of the articles or cases that appear in all of the issues of the newsletter.
Next to those entries is a link to the issue where that particular article or
case appears.
List of Sections
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Articles - Back to the List of Sections
| Amputation Claims Revisited
- Fall 2003 Author: Daniel R. Simmons, Springfield |
An Aggravation of a Pre-Existing Condition Is
Not Compensable If the Condition of Ill-Being Could Have Been Caused by
Normal Daily Activity - Spring
2003 |
| Changes and News at the Illinois Industrial
Commission - Fall
2003 Author: Kevin J. Luther, Rockford |
| CMS/Medicare Set Aside Account
Update - Fall/Winter
2005 Author: Bradford J. Peterson, Urbana |
| Continuously
Transversing a Curb Is an Increased Risk - Fall/Winter
2005 Author: Kevin J. Luther, Rockford |
Eroding the Standard of Proof
in Repetitive Trauma Cases - Spring
2000 |
| Ex Parte Communications With Treating Doctors:
Fair or Foul Play? - Fall
1999 Author: Bradford B. Ingram, Peoria |
Further Refinement of Temporary Total Disability
Exposure - Spring
2004 |
| Gallianetti Makes Wage Differential Awards
Easier to Prove - Spring
2002 Author: Lori Poppe Hiltabrand, Springfield |
| Heart Attack Resulting From Gastrointestinal
Tract Bleeding Found Compensable in “Mental-Physical” Injury
- Spring 2003 Author: Kevin J. Luther, Rockford |
| HIPAA - Fall
2003 Author: Kevin J. Luther, Rockford |
| How Good Is a “Ghere Objection?”
- Winter 2004-2005 Author: Kevin J. Luther, Rockford |
| Illinois Supreme
Court Speaks Again on the Normal Daily Activity Exception to Workers’
Compensation Claims - Fall/Winter
2005 Author: Kevin J. Luther, Rockford |
| Independent Medical Examinations: Are
They Futile? - Spring
2000 Author: Gary L. Borah, Springfield |
| Industrial Commission Orders
a Respondent to Pay Attorneys’ Fees and Penalties for Failure to Authorize
Medical Treatment - Spring
2004 Author: John D. Flodstrom, Urbana |
| Inquiries to Traveling Employees - Spring
2000 Author: Bruce L. Bonds, Urbana |
| Medicare Lien Update - Winter
2002-2003 Author: Bradford J. Peterson, Urbana |
| More
on Temporary Total Disability Liability: Surgery Must Be Pursued - Winter
2004-2005 Author: Kevin J. Luther, Rockford |
| News From the Industrial Commission - Winter
2004-2005 Author: Bruce L. Bonds, Urbana |
| Parking Lot Falls - Winter
2002-2003 Author: James M. Voelker, Peoria |
| Recovering Your Workers' Compensation Lien -
You May Have More Options Than You Think - Fall
1999 Author: Craig S. Young, Peoria |
| Reimbursement for Travel Expenses Included
in Average Weekly Wage Computation - Fall
1999 Author: Kevin J. Luther, Rockford |
Section 8(d)(1) Wage Loss
Is Not Automatic - Spring
2003 |
| Sidewalk and Parking Lot Falls - Winter
2004-2005 Author: Kevin J. Luther, Rockford |
| Slip and Fall Accidents in the Workplace
- Spring 2002 Author: Craig S. Young, Peoria |
| Supreme Court Speaks on Timing of Waiver of Section
5(b) Liens - LaFever v. Kemlite Co. - Fall
1999 Author: Brad A. Elward, Peoria |
| The Perils of Petrillo - Winter
2002-2003 Authors: James M. Voelker, Peoria and Edward E. Johnston, Edwardsville |
| Vocational Rehabilitation: Uncertain Procedures
In Uncertain Times - Spring
2003 Author: Daniel R. Simmons, Springfield |
Case Law Update - Back to the List of Sections
| Aggravation to Degenerative Condition Not Compensable - Winter 2002-2003 |
| Aggravation of Preexisting Hypertension Compensable Under “Mental-Physical” Analysis - Winter 2002-2003 |
| Allergic Reaction Not Compensable - Spring 2002 |
| Appellate Court Limits Inquiry to Medical Causation in Repetitive Trauma Analysis - Fall/Winter 2005 |
| Appellate Court Requires Penalties for Denail by Respondent - Spring 2002 |
| Appellate Court Reverses Award of TTD and Penalties Based on MMI - Fall/Winter 2005 |
| Arbitrator’s Refusal to Continue Case Upheld; Overtime Included In Wage If It Is Required or Regularly Worked - Spring 2004 |
| Arising Out Of and In the Course Of - Fall 1999 |
| Attorney’s Fees Not Available
for First Attorney When Application Dismissed - Winter 2004-2005 |
| Authorization for Treatment - Spring 2000 |
| Award for Coal Dust Exposure Not Against Manifest Weight - Winter 2004-2005 |
| Award for Stress-Induced Anxiety Denied - Spring 2000 |
| Casual/Temporary Employee Calculation - Spring 2002 |
| Circuit Court’s Assessment of 19(k) Penalties Reversed- Fall/Winter 2005 |
| Circuit Court Bill of Discovery Held Improper - Fall/Winter 2005 |
| Civil Case Improperly Dismissed Under Exclusivity Provisions of the Act When Petitioner Accepted but Did Not Seek Workers’ Compensation Benefits - Spring 2003 |
| Claimant Is Entitled to Maintenance Self-Initiated During Job Search - Winter 2004-2005 |
| Commission Lacked Subject Matter Jurisdiction Where City of Rock Island Passed Ordinance Precluding Recovery by Police Officers and Firefighters Under the Act - Winter 2002-2003 |
| Commission’s Reversal of Arbitrator Not Entitled to Extra Scrutiny - Winter 2004-2005 |
| Compensable Assault Claim - Spring 2002 |
| Concurrent Employment Not Included During Seasonal Lay-Off - Fall 2003 |
| Concurrent Jurisdiction Exists Under Illinois Workers’ Compensation Act and Longshore and Harbor Workers’ Compensation Act for Land Based Injuries - Spring 2003 |
| Copy Fees Under Section 16 - Spring 2000 |
| Corporate Officer’s Rejection of Insurance Ineffective - Spring 2004 |
| Credit Allowed for Prior Settlement in Iowa Under Section 8(e) - Winter 2002-2003 |
| Decision of Improperly Constituted Commission Panel is Null and Void - Winter 2002-2003 |
| Decision by IC With Improperly Appointed Commissioner Valid - Winter 2004-2005 |
| Denial of Coal Worker’s Pneumoconiosis Affirmed - Winter 2004-2005 |
| Denial of Co-Worker’s Death Claim Upheld Despite Previous Finding of Causation - Fall/Winter 2005 |
| Exclusivity Provision of the Act Not Applicable to Injuries of Former Employees - Spring 2003 |
| Failure to Appeal from Decision on Remand Precludes Appellate Jurisdiction - Fall 2003 |
| Failure to Award Wage Differential Not Against Manifest Weight of Evidence - Winter 2002-2003 |
| Failure to Include Appendix in Brief on Appeal Warrants Dismissal of Appeal - Winter 2004-2005 |
| Failure to Name Industrial Commission as Party on Notice of Appeal to Appellate Court Not Fatal to Jurisdiction - Fall/Winter 2005 |
| Fall in Parking Lot Where Claimant Was Reimbursed for Expenses is Not Compensable - Fall 2003 |
| Fall On Ice On Employer’s Parking Lot Compensable - Spring 2004 |
| Foundation Required to Admit Medical Records - Fall/Winter 2005 |
| Ghere Objection Overruled - Fall/Winter 2005 |
| Gratuitous Colunteer Not an Employee Under the Act - Spring 2002 |
| Heart Attack and Death Casually Connected to Fire - Spring 2002 |
| Heart Attack Not Compensable - Fall 2003 |
| Illinois Has Jurisdiction over Injury in Florida Because the Claimant Was Hired in Illinois - Fall/Winter 2005 |
| Industrial Commission Has No Jurisdiction to Pierce Corporate Veil - Spring 2003 |
| Injury on Permanently Moored Riverboat Casino Nont Covered Under the Jones Act - Spring 2002 |
| Injury While Playing Basketball at Company Picnic Compensable - Spring 2003 |
| Intervening Motor Vehicle Accident Did Not Break Causal Connection Even Though It Caused a Failed Fusion - Fall/Winter 2005 |
| Judicial Appeal Dismissed for Failure to File Bond Signed by Principal - Spring 2004 |
| Judicial Remand to Industrial Commission Not Final and Appealable - Spring 2004 |
| Juror Is Not an Employee of the State Under the Act - Spring 2003 |
| Knee Injury While Exiting Vehicle Not Compensable - Winter 2004-2005 |
| Last Employer Liable for Entire Hearing Loss Under Occupational Disease Act - Spring 2003 |
| Lien Amount Controlled by Plain Language of Settlement Contract - Fall/Winter 2005 |
| McMahan v. Industrial Comm’n Applies Retroactively - Winter 2002-2003 |
| Mental Stress Causally Related to Gastrointestinal Illness and Heart Attack - Winter 2002-2003 |
| New Law - Both Parties to a Fight Cannot be Deemed Aggressors - Fall 2003 |
| Normal Daily Activity Exception – It’s Alive! It’s Alive! - Winter 2004-2005 |
| Only One Aggressor in a Fight - Winter 2004-2005 |
| Parking Lot Fall Denied - Spring 2002 |
| Penalties Proper for Nonpayment of PPD and TTD Award When Only Medical Bills Disputed on Review - Winter 2002-2003 |
| Permanent Total in Favor of 83-Year-Old Claimant Upheld - Winter 2004-2005 |
| Petition for Review of Corrected Decision Must be Filed to Perfect Review - Spring 2004 |
| Prior 19(b) Determination On Causation Is Binding On Subsequent Decisions as “Law of the Case” - Spring 2003 |
| Refusal to Reinstate Claim Dismissed for Want of Prosecution Upheld - Spring 2004 |
| Repetitive Trauma - Fall 1999 |
| Reopening a Case Ten Years Later Under Section 8(a) Upheld - Spring 2002 |
| Retaliatory Discharge Claim Barred by Tort Immunity - Fall/Winter 2005 |
| Retroactive Pay Raise Included in Average Weekly Wage Calculation - Winter 2002-2003 |
| Section 19(f) Recall Proper to Amend Penalties When Miscalculated Under McMahan - Winter 2002-2003 |
| Settlement Contract Must Retain Section 5(b) Lien Rights - Fall/Winter 2005 |
| Spoliation Claim Not Barred By Exclusivity Provision of Act - Spring 2003 |
| Step Ladder - Spring 2002 |
| Supreme Court: Aggravation of Deteriorated Pre-Existing Condition Compensable - Fall 2003 |
| Sylvester to Be Applied Retroactively and Commission’s Reversal of Arbitrator in Favor of Petitioner Upheld - Winter 2004-2005 |
| Termination of TTD Based On Skipped IME Not Proper Where Insufficient Expenses Advanced - Spring 2003 |
| The Industrial Commission’s Finding of Co-Workers Pneumoconiosis Upheld - Fall/Winter 2005 |
| Traveling Employees - Fall 1999 |
| TTD Not to Be Awarded After Claimant Misses Section 12 Examination - Winter 2004-2005 |
| TTD Payable Until Claimant Reaches MMI Unless Affirmatively Seeks Surgery; Stipulation Contrary to MMI Finding Is Binding In the Employer - Spring 2004 |
| Unexplained Fall Not Compensable - Fall 2003 |
| Vocational Rehabilitation Benefits May Not Be Awarded Under Section 19(b-1) - Winter 2002-2003 |
| Volunteer Average Weekly Wage - Spring 2000 |
| Wage Calculation Windfall - Spring 2002 |
| Wage Differential - Spring 2000 |
| Wage Differential Awarded by Appellate Court - IC Reversed - Winter 2004-2005 |
| Wage Differential Award May Not be Set Aside More Than 30 Months After Award or Settlement - Fall/Winter 2005 |
| Wage Differential Commences on Date of New Employment - Fall 2003 |
| Wages Considered Concurrent Despite Layoff - Winter 2004-2005 |
| Widows Claim Denied When Decedent Corporate Officer Elected to Exclude Self from Coverage - Winter 2002-2003 |
| Workers' Compensation Lien Attached to Wrongful Death Settlement Thus Eliminating an Award Under the Act - Winter 2002-2003 |
Cases to Watch - Back to the List of Sections
| Eastman v. Messner, No. 86857, 1999 Ill. LEXIS 464 (March 31, 1999) - Fall 1999 |
| King v. Industrial Comm'n, No. 87099, 1999 Ill. LEXIS 736 (June 2, 1999) - Fall 1999 |
| Saunders v. Industrial Comm'n, No. 86969, 1999 Ill. LEXIS 559 (March 31, 1999) - Fall 1999 |
From the Appellate Corner - Back to the List of Sections
| The Decision to Appeal - Fall
1999
Author: Brad A. Elward, Peoria |
| Understanding the Initial Appeal Process
from the Industrial Commission to the Circuit Court - Spring
2000
Author: Brad A. Elward, Peoria |