Appellate Court Doesn’t Buy Employer’s Argument that Permanent and Total Disability Precludes Compensation for Non-Scheduled Losses under Section 8(d)2.
Category: Blog
In a recent decision from the First District Appellate Court of Illinois, the Court unpacks some law from the suitcase of a traveling employee.
Learn How Illinois Courts Handled Various Jurisdiction Scenarios
Circuit Court determines that the Commission decision was against the manifest weight where no medical expert supported petitioner’s overcompensation theory.
What does this mean for workers’ compensation? Medicare isn’t calling all the shots any longer. Unlike in the past, Courts will no longer need to defer to how Medicare interprets ambiguities or silence in applicable statutes.
In a recent decision, the Appellate Court determines that the clear, unambiguous language of Section 8(e)17 calls for using the “percentage” approach over the “weeks” method for application of credits.
The Appellate Court reversed the Commission’s award of PPD and ordered an award of wage differential benefits.
For years, the exclusive remedy provision insulated employers from civil litigation by employees for industrial accidents and exposures. In 2019, the Illinois legislature passed a law that created an exception, with potentially dire consequences at stake. That change is being challenged now, and the case is headed to the Illinois Supreme Court for some answers.
Federal prohibition of marijuana preempts the Illinois Workers’ Compensation Commission from ordering employers to reimburse injured workers for medical marijuana.
Illinois Workers’ Compensation and the feeling of “Watered-Down” Treatment of Evidentiary Rules.