In a case involving a beleaguered petitioner in a worker’s compensation case seeking coverage for necessary medical treatment, the claimant was able to obtain relief from the Commission, after having been denied benefits at arbitration. See Preexisting arthritis...
Year: 2020
Worker’s Compensation as an Employer Privacy Defense? Nope.
I’ve written before in the pages of this blog about the flurry of litigation regarding the misuse and mishandling of personal information (usually involving fingerprinting of employees) under the Illinois Biometric Information Privacy Act. One of the most common...
Options for Individual Taxpayers Attempting to Resolve Federal Tax Debts
According to Benjamin Franklin, nothing is certain but death and taxes.[1] This idiom is especially relevant and true for those unfortunate taxpayers that attempt to revolve and settle their tax debts or disputes with the Internal Revenue Service, or IRS. The IRS is...
Uncommon Carriers
As so-called ridesharing companies like Uber and Lyft face increasing friction in other areas of the country, a key law regulating the industry in Illinois came under scrutiny on August 28th in the First District Illinois Court of Appeals in Chicago. The case stems...
Articles Regarding Recent Coronavirus-Related Lawsuits and Legislation
I read a slew of interesting online articles this month regarding lawsuits involving the required wearing of facemasks by students in public schools, for protection against COVID-19, and also regarding the recent enactment of legislation to protect workers and...
Experts, Facts, and Inferences
A Motion for Summary Judgement is intended to resolve matters in a lawsuit where, based on whatever undisputed facts exist at that stage of the suit, the court may draw a legal conclusion. Such motions can resolve narrow issues before the case gets to trial, for...
After a Long, Drawn-Out Battle, a Claimant Was Finally Awarded Benefits
In a case that involved lengthy reviews and appeals, a claimant was finally able to obtain worker’s compensation benefits. See AT&T employee wins benefits for injury while climbing staircase. Illinois Workers’ Compensation Law Bulletin, Volume 28, Issue 6, May 15,...
The Borrowers
The formal Worker’s Compensation system is, broadly speaking, based on a general compromise between worker’s and business: employees get benefits from work-related injuries without having to prove liability, and businesses get immunity from normal civil lawsuits over...
Employer Severely Penalized for Failure to Obtain Worker’s Compensation Insurance
In another decision with an unusual fact pattern, a company got into serious trouble for not obtaining worker’s compensation insurance for its employees. See Tow truck company’s failure to insure employees merits maximum penalty. Illinois Workers’ Compensation Law...
Just When He Thought He Was Out, They Pull Him Back In
I don’t generally write about cases from jurisdictions outside Illinois or the United States Court of Appeals for the Seventh Circuit, partly out of lack of relevance to my practice and partly out of a lack of familiarity with the caselaw of other states. I’ll make an...