Tag Archives: Illinois

IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was Compensable

A number of states, including Illinois, exclude workers’ compensation coverage for some recreational injuries that are deemed by statute to be outside the course and scope of the employment [see 820 ILCS 305/11 (West 2010); see also Larson’s Workers’ Compensation … Continue reading

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Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”

In what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver to New York on the day before she was scheduled … Continue reading

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Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable

A police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury arising out of and in the course of his employment, … Continue reading

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Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22

The widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive remedy was within the Illinois Workers’ Compensation Act and/or the … Continue reading

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Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court

A retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal district court on the basis of diversity of citizenship, held … Continue reading

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Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable

Using a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured his left knee while performing welding operations at his employer’s … Continue reading

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Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable

A City of Chicago plumbing inspector, whose duties required him to travel throughout the city by car to inspect the plumbing in both residential and commercial buildings, sustained an injury arising out of and in the course of his employment … Continue reading

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Illinois Widow Gets Death Benefits after Husband Succumbs to Neisseria Meningitides Contracted on Brazilian Business Trip

In a decision that may provide some indication as to how the court might decide a claim involving Ebola exposure, an Illinois appellate court has affirmed a finding by the state’s Workers’ Compensation Commission that a business executive’s death from … Continue reading

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Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment

Acknowledging that there are three categories of risk to which an employee may be exposed: (1) risks distinctly associated with her employment; (2) personal risks; and (3) neutral risks which have no particular employment or personal characteristics, an Illinois appellate … Continue reading

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Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It

In a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“the Act”) nor those of the Workers’ Compensation … Continue reading

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