The Attack on the Exclusivity Provision of the Illinois Workers’ Compensation Act Continues

4.3.2019 Blog
Section 5(a) of the Illinois Workers’ Compensation Act provides provides that the exclusive remedy for any employee injured as a result of a work-related accident may only pursue benefits that are provided under the Illinois Workers’ Compensation Act or Illinois Occupational Diseases Act.

Did Medicare Really Need to Do That?

3.28.2019 Blog
When Medicare seeks recovery of conditional payments out of a settlement, judgment, or award from a beneficiary (as opposed to a primary plan), the conditional payment lien may be reduced by procurement costs (e.g. attorney’s fees). 

FMLA Update: Employees Can’t Elect to Delay FMLA Leave for Covered Absences

3.26.2019 Blog
The Department of Labor recently issued an opinion letter considering the following two questions: 1) can an employee elect to take paid leave for an FMLA-covered absence before FMLA leave is used?; and 2) is an employer permitted to provide FMLA-designated leave in excess of the 12 weeks of unpaid, job protected leave provided by the FMLA?

Don’t Judge an FCE by its Cover

3.19.2019 Blog
In the arena of workers’ compensation, attorneys heavily scrutinize the credentials of physicians, combing through every certification, publication or piece of education that is susceptible to attack.