Areas of Practice
Summary
Mark is a partner in the Workers’ Compensation Defense Practice at Wiedner & McAuliffe’s Chicago office. Mark has nearly 35 years of litigation experience, with a considerable amount of appellate court appearances, including a number of successful appeals of Illinois Workers’ Compensation Commission rulings hinging on the issues of physician selection, wage differentials, and employer liability for emotional stress. As a veteran in the workers’ compensation defense arena, Mark often mentors young associates on issues of workers’ compensation law and policy.
Mark graduated with honors from the University of Illinois at Chicago in 1969 with a Bachelor of Arts. He earned his Juris Doctor, with honors, from Chicago-Kent College of Law in 1976.
Mark joined Wiedner & McAuliffe in 1991 after practicing with several Chicago area firms, including Aries and Hoyt, Walner and Associates, and J. Michael Madda and Associates.
View Mark's Extended Bio
Industry Contributions
Mark contributes to the Illinois State Bar Association’s Workers’ Compensation Law Section newsletter. He is also co-editor of Wiedner & McAuliffe’s internal newsletter, a publication used to notify clients of noteworthy news in the workers’ compensation law arena.
Notable Cases
-
Pluto v. Industrial Commission, 272 Ill. App. 3d 722, 650 N.E.2d 631 (1st Dist. 1995): When this case reached the Appellate Court of Illinois, Mark secured the Circuit Court’s ruling that the petitioner’s fringe benefits should not be included in the average weekly wage calculation. Mark also eliminated exposure for his client at the appellate level by securing rejection of the petitioner’s contention that he could decide which of his multiple doctors counted towards the two physician chain of referral allowed under the Illinois Workers’ Compensation Act.
-
Rutledge v. Industrial Commission, 242 Ill. App. 3d 329, 611 N.E.2d 526 (1st Dist. 1993): Mark successfully defended a wage loss claim where the claimant argued that his wage loss rate should be based on part-time employment he secured after moving out of state. Mark prevailed on the argument that the claimant’s part time status should merit wage differential benefits at half of the amount they would have been if the claimant had remained employed full time.
-
Flynn v. Industrial Commission, 302 Ill. App. 3d 695, 707 N.E.2d 208 (1st Dist. 1998): Mark successfully defended this case in the Appellate Court of Illinois, securing the Circuit Court’s ruling that there was insufficient evidence to prove that an automobile factory manager’s fatal heart attack was caused by emotional stress from work issues rather than family and personal health problems.
Community Involvement
Mark serves as a vice president of the Civil War Roundtable of Chicago.
Professional Affiliations
-
Illinois State Bar Association
-
Chicago Bar Association
-
Workers’ Compensation Lawyers Association
Bar and Court Admissions
Illinois
Education
J.D., with honors, Illinois Institute of Technology, Chicago-Kent College of Law, 1976
B.A., with honors, University of Illinois at Chicago, 1969
Articles
Section 5b Subrogation Lien Not Subject to Reduction for Preexisting Conditions
Loryann Johnson vs. Ayalnesh A. Pikuye and Amigo Driving School (The People ex rel. The Department of Central Management Services, Intervening Plaintiff-Appellant)
May 26, 2011
View
Successive Falls on Stairs Deemed Noncompensable
Cathy Baldwin vs. Illinois Workers' Compensation Commission, et al.
May 23, 2011
View
Multiple Injuries to the Same Body Part Merit One Disability Aware
The City of Chicago vs. The Illinois Workers' Compensation Commission, et al. and Robert Baumgardner vs. Illinois Workers' Compensation Commission, et al.
May 17, 2011
View