Tag: Illinois

Sep 21, 2022

Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim

Where an Illinois employee failed to indicate to his employer that his absence from work was due to an alleged work-related injury and he filed his workers’ compensation claim six...

Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim
Sep 28, 2021

Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana

In an unpublished decision, an Illinois appellate court reversed a decision of a county circuit court confirming an award of workers’ compensation benefits by the state’s Workers’ Compensation Commission on...

Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana Illinois Court Nixes Jurisdiction When Injury and Employment Contract Were in Indiana
May 19, 2021

Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment

Employment Contract Formed In Illinois In Spite of Contingencies Required for First Assignment in Indiana In an unpublished decision, an Illinois appellate court affirmed a decision by the state’s Workers’...

Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment Staffing Company’s Should Not Conflate Employment Contract and Specific Assignment
Apr 28, 2021

Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault

An Illinois appellate court affirmed the denial of workers’ compensation benefits to a university employee who sustained injuries when she tripped and fell as she stepped over a chain barrier...

Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault
Feb 4, 2021

Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge

A federal district court in Illinois, construing that state’s law concerning retaliatory discharge claims, held–in relevant part–that a plaintiff’s factual allegations did not give rise to a claim of retaliatory...

Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge
Dec 2, 2020

Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit

Circuit Court’s Contempt Order for Failure to Abide by Discovery Order is Erroneous An Illinois trial court committed error when it found an intervening workers’ compensation insurer in contempt for...

Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit
Oct 1, 2020

Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements

The Supreme Court of Illinois reversed a decision of the Appellate Court, Workers’ Compensation Division, that in turn had affirmed a denial of benefits to a restaurant sous-chef who sustained...

Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements Illinois Supreme Court Clarifies Rule Regarding Injuries Stemming From Common Bodily Movements
Apr 27, 2020

Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of Compensability

Governor and Legislators Might Profit From Reading PA’s Protz Decision The controversial “rule change” put in place two weeks ago by the Illinois Workers’ Compensation Commission, which purports to create...

Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of Compensability Opinion Mondays: Later Today, IL Comm'n Will Say "Ooops" as to its Presumption of Compensability
Feb 11, 2020

Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment

An Illinois appellate court affirmed an order of a county circuit court that, in turn, confirmed a decision of the state’s Workers’ Compensation Commission reversing an award of attorney fees...

Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment Illinois Act Provides No Penalties for Delay in Authorizing Medical Treatment
Jan 27, 2020

IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the Worker

Last Friday, answering a question certified to it by the U.S. Court of Appeals for the Seventh Circuit, the Supreme Court of Illinois held that under section 21 of the...

IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the Worker IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the Worker
Dec 17, 2019

Federal Court Says Action under Illinois Biometric Information Privacy Act is Not Barred by Exclusivity

In an interesting case that illustrates the tension between some of the recent technological “advances” that purportedly streamline traditional workplace practices, a federal district court yesterday held that a plaintiff’s...

Federal Court Says Action under Illinois Biometric Information Privacy Act is Not Barred by Exclusivity Federal Court Says Action under Illinois Biometric Information Privacy Act is Not Barred by Exclusivity