In a case involving the vitally important question of whether an employment relationship existed between a claimant and his employer, the claimant was able to prevail, both at arbitration and upon review before the Commission. See Claimant provides convincing...
Illinois has instituted a fairly robust system of liability for dangerously defective products, instituting strict liability for the manufacturers, as well as the distributors and retailers, and even potentially the marketers, of such products. The underlying logic of...
In a case that illustrates what is required to receive benefits for permanent disability, based on the loss of use of the person as a whole, a claimant was awarded benefits after seriously injuring his hand and arm at work, and undergoing several surgical operations...
Under some legal regimes (well, actually, almost the entirety of the western world), the “losing” party in a lawsuit is expected to pay the fees and costs of the “winning” party. This is not the baseline rule in the United States, where generally each party is...
In a case with what must have been a disappointing outcome for a claimant seeking benefits, the claimant was unable to prove that her injuries arose out of her employment. See Spa employee fails to secure benefits for alleged injury while getting massage. Illinois...
Although I’ve written a good bit recently about arbitration clauses and the hazards that they can pose to workers in employment disputes, it isn’t the case that they are unbeatable in the correct circumstances. Workers (well, retirees technically) won an...
In another case with a refreshingly positive outcome, a claimant was awarded benefits, even though the claimant had already retired prior to receiving the award. See Correctional officer secures PPD benefits for 15% under § 8(e). Illinois Workers’ Compensation Law...
Just before the Holidays, the U.S. District Court for the Northern District of Illinois handed down an important decision in the ongoing national dispute over the classification of so-called gig workers. The suit, O’Shea v. Maplebear, Inc., concerns a group of...
In a hard-fought and potentially trend-setting case, both the Arbitrator at trial, and the Commission on review, held that a claimant was entitled to receipt of benefits for psychological injuries and trauma suffered as a result of the claimant witnessing a horrifying...
One of the more deceptively complicated areas of litigation is the principle of “standing.” The idea, based usually in Article III of the U.S. Constitution, had a bit of time in the spotlight recently because it was the stated cause for the U.S. Supreme Court denying...