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,...
The Law Offices of Peter F. Ferracuti, P.C. Legal Blog
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...
An Example of a Compensable Work-Related Aggravation of a Preexisting Condition
In a case involving the exacerbation of a claimant’s preexisting lower back condition by an injury sustained at work, both the arbitrator and the Commission awarded the claimant extensive benefits. See Claimant proves work accident aggravated his back condition....
3 biggest mistakes you can make after a motor vehicle accident
The minutes and hours after a car accident are sensitive times. You are physically hurt, with the possibility of financial suffering looming over you. Motor vehicle accidents can be traumatic and cause serious injury, but you can keep the situation under control by...
Having a Reliable Doctor with Respected Opinions Can Make All the Difference in a Claim
In a case involving the age-old question of whether a claimant’s injuries were caused by and/or related to an accident at work, both the arbitrator and the Commission held in favor of the claimant. See Treating surgeon’s persuasive testimony supports benefit award....
Employee Loses When Accident Video Contradicts Her Claims of What Caused Her Injury
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...