Hear what our attorneys are saying

09
Nov 2020

Compensability of At-Home Injuries in Illinois Workers’ Compensation

By Lisa Azoory-Keller and Sean P. Imburgia     

  The phrase “no risk, no reward” is especially relevant in workers’ compensation, where risk is central to a compensable injury.  2020 was a landmark year for a long list of reasons, including the analysis of risk in Illinois.  In wake of the recent Illinois Supreme Court decision, McAllister v. Illinois Workers’ Compensation (2020 IL.
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28
Sep 2020

Illinois Supreme Court Finds in Favor of Petitioner in McAllister, Changing Interpretation of “Risk” in Illinois Workers’ Compensation

By Lisa Azoory-Keller     

  The concept of risk is a heavily debated, highly contentious, and extremely nuanced area of Illinois Workers’ Compensation law.  On Thursday morning, the Illinois Supreme Court published a long-awaited decision in McAllister v. Illinois Workers’ Compensation Commission (2020 IL 124848) with far-reaching and distressing implications for employers in Illinois.  In its analysis of compensability
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18
Aug 2020

Section 111 Total Payment Obligation to Claimant Reporting and Bifurcated Settlements

By Rasa Fumagalli     

  I recently wrote about Section 111 Total Payment Obligation to Claimant (TPOC) reporting in bifurcated settlements. Given the ambiguity in the NGHP User Guide, claims handlers have reported TPOC in indemnity only settlements that kept future medical rights open. When medical closed at a later date, the Section 111 Ongoing Responsibility for Medical (ORM)
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04
Aug 2020

Managing Opioids in a Workers’ Compensation Case

By Rasa Fumagalli     

  Although our nation is currently focused on the COVID-19 pandemic, the opioid abuse epidemic continues to claim many lives.  According to data from the Centers for Disease Control and Prevention (CDC), almost 70% of the 67,000 deaths from drug overdoses in 2018 involved a prescription or illicit opioid.  Attempts to curb opioid abuse have
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29
Jul 2020

Answers by Amy

By Amy Bilton     

  Prescription drugs can make up a large part of a Medicare Set-Aside.  Since Medicare prices future prescription drugs using average wholesale price, the ultimate cost of the drugs through a pharmacy benefits manager (PBM) is often less than the average wholesale price.  The question posed is: “I would like to price out the future
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