In a case involving an employee’s claims – of both how her work injury occurred and what the actual nature of her injury was – being subsequently refuted and contradicted by video surveillance footage showing something completely different from what the employee...
Firm News
Exclusive remedy provisions of Illinois Worker’s Compensation Act do not apply to a lawsuit filed against a general contractor who is not a claimant’s direct employer
In a personal injury lawsuit filed against the corporate owner of smaller business that employed a claimant who was injured while working at a construction site (with the claimant then filing a separate claim for worker’s compensation benefits against the subsidiary...
Claimants May Lose Maintenance Benefits If They Fail to Look for Jobs
While an employee-claimant filed a worker’s compensation claim for injuries sustained in a workplace accident, she was awarded both temporary total and permanent partial disability benefits in the process, but her corresponding claim for maintenance benefits was...
Throwing out the Employer with the Bathwater
In many circumstances, when one sues a company in relation to the actions of its employee the claim can be sustained against both parties. It might be that the company was negligent by own actions, in supervising or hiring the employee. It might be that they have...
A Case in Which a Claimant’s Personal Injury Suit was Barred by the W.C.A.
An employee filed a worker’s compensation claim and then brought a personal injury suit in civil court against his employer, for the same injuries that the claimant sustained in the workplace accident. See Judicial estoppel can’t block dismissal of negligence action....
7th Circuit Age Discrimination Claim Dismissal Upheld
Last month, the Federal Court of Appeals for the Seventh Circuit upheld a ruling out of the Northern District of Indiana dismissing the Age Discrimination claims stemming from the hiring process for the new head baseball coach for Indiana University South Bend...
Procedural Aspects of Law Prove to be Just as Important as Substantive Elements of Law
The Fourth District Illinois Appellate Court dismissed an appeal from the Circuit Court for lack of jurisdiction, as the Circuit Court did not fulfill the necessary procedural niceties when reviewing (and reversing) the Commission’s decision(s) regarding an...
Beware of Ice, Natural or Unnatural
While I’ve traditionally posted about this topic around the time of the first substantial snowfall (acknowledging that we occasionally get flurries around Halloween, closer to the end of summer than the beginning of winter), the unseasonably cold weather these past...
Happy Holidays from Our Family to Yours
It’s that time of the year again where I get to take a second between decisions and trials to thank our clients and our community for their support this year, and, as always, it has me thinking and considering about how to better count our blessings and extend...
Employer Gets It Wrong on Preemption Issue
A hotel employee brought a civil suit in federal district court against her employer, alleging violations of the Biometric Information Privacy Act (or “BIPA”), but her employer asserted that she should have filed a worker’s compensation claim instead, arguing that the...