If you recently filed a workers' compensation claim in Illinois and received a denial, you probably have a lot of questions about your case and where to go from here. While Illinois workers' compensation law exists to benefit employees like you, sometimes things do...
The Law Offices of Peter F. Ferracuti, P.C. Legal Blog
Employee Unable to Prove That Her Neck Issues Were Caused by Her Incident at Work
In a case involving the question of whether a claimant’s neck pain was caused by and/or related to her work-related arm and shoulder injuries, both the Arbitrator and the Commission answered said question in the negative, finding that the two were unrelated. See...
A Double Limit on Forced Arbitration in Nursing Home Case
Most everyone is familiar with liability contracts. Whether you’ve been asked to sign one before participating in a sporting or merely as a requirement to use a swimming pool or gym, contracts regularly ask us to give up legal rights in order to utilize a service. But...
Even Though a Claimant Apparently Felt as Good as New After Receiving Treatment for His Neck Injuries, the Commission Still Found That He Was Partially Disabled Anyway
In a case involving a lengthy appeal of the Commission’s decision to award permanent partial disability (“PPD”) benefits to a claimant, the Appellate Court affirmed the decision of the Circuit Court, which in turn had affirmed the Commission’s aforesaid PPD award to...
Losses and Wins, Lost in the Noise
As an individual, I follow the cases considered by the United States Supreme Court rather closely. This is, I will admit, more a matter of personal interest than professional necessity. A majority of cases fall into areas of law that I don’t practice in. For example,...
Legal Technicalities Can Prevent the Award of Attorney’s Fees in Some Situations
In a case that involved an award of attorney’s fees requested by an association of manufacturing concerns, that had filed a restraining order and complaint for an injunction against the Illinois Worker’s Compensation Commission (or “IWCC”), in response to an emergency...
The High Bar for Malicious Prosecution Claims
The deck is stacked pretty high against malicious prosecution claims. While Courts certainly have an interest in stopping harassment through litigation, there is also a strong presumption that parties should have the freedom to make their allegations and arguments in...
Are remote employees eligible for workers’ compensation?
The way that employment looks have changed in recent years. More and more employees are currently working from home. However, that does not mean that no one is getting injured while they work. Because of this, it is important to understand your rights as a remote...
An Award of Permanent Partial Disability Benefits Cannot Be Based on Speculation
In a case that is illustrative of how a claimant’s award of permanent partial disability (or “PPD”) benefits at arbitration can be reduced by the Commission on appeal, if it is determined that the award was speculative in nature, the Commission basically affirmed the...
A Textbook Example of a How a Claimant’s Job Activities Directly Caused His Injuries
In a case that serves as a classic illustration of how a claimant’s required work activities caused the onset and aggravation of his workplace injuries, specifically his bilateral carpal tunnel syndrome, both the arbitrator and the Commission awarded the claimant...