ILLINOIS SUPREME COURT EXPANDS POTENTIAL LIABILITY AGAINST EMPLOYERS BY ALLOWING DIRECT AND VICARIOUS LIABILITY CLAIMS TO BE PROSECUTED AT THE SAME TIME

Prior to the Illinois Supreme Court’s holding in McQueen v. Green et al., 2022 IL 126666, an employer who was sued for its own direct negligence and for the negligence of an employee pursuant to a vicarious liability theory could expect to have the direct liability theory dismissed if the employer admitted vicarious liability. In

U.S. SUPREME COURT PETITIONED TO RULE ON MEDICAL MARIJUANA IN WORKERS’ COMPENSATION CASES

Although many states have enacted laws permitting the use of recreational and/or medical marijuana, the question of whether employer/insurers are obligated to pay for medical marijuana for a workers’ compensation claim remains in dispute across the nation. Under the Controlled Substances Act (“CSA”), marijuana as well as other substances, remains illegal under Federal Law. However, attorneys representing

Iowa Commission Expands Industrial Disability Liability: Review of Commission Decision in Anderson v. Bridgestone Americas, Inc.

The Iowa Commission recently affirmed a 2021 case that changes how we approach claimants with injuries to more than one body part stemming from the same accident. In Anderson v. Bridgestone Americas, Inc. and Second Injury Fund, the claimant sustained both a rotator cuff tear and carpal tunnel syndrome from repetitive work duties culminating on

Illinois Supreme Court Rules WC Exclusive Remedy Provision Does Not Bar Biometric Privacy Claim

On February 3, 2022, the Illinois Supreme Court held that the Illinois Workers’ Compensation Act’s exclusive remedy provision (which ordinarily bars civil lawsuits against employers filed directly by employees) does not prohibit employees from suing their employers directly for violations of the Biometric Information Privacy Act (“BIPA”). BIPA is a statute in Illinois that governs entities

Is a Positive At-Home COVID-19 Test Acceptable for WC Claims? A State-by-State Perspective

Is a Positive At-Home COVID-19 Test Acceptable for WC Claims?  A State-by-State Perspective With the increased prevalence of at-home COVID-19 test kits, a common question for employers is whether a positive at-home COVID-19 test is sufficient to establish a COVID-19 diagnosis as compensable for the purpose of a workers’ compensation claim. In this alert, we

OSHA Issues Rule Mandating COVID-19 Vaccination or Weekly Testing for Employers With Over 100 Employees

OSHA has now published a federal rule mandating COVID-19 vaccinations or at least weekly testing for workers at employers with 100 or more employees. This codifies the September 2021 directive by the White House to have the Department of Labor implement a rule to assist in increasing vaccination numbers in the United States. While OSHA rules

RETURN TO WORK SERIES, PART 2 OF 3: COVID-19 VACCINE CONSIDERATIONS FOR EMPLOYER

Now that the State of Illinois is fully reopened, businesses are faced with questions on employee vaccination status. Among the most common considerations are whether an employer can mandate a vaccine, and the potential liability should an employee suffer an adverse side effect. In part two of our three-part series on the return to work after

RETURN TO WORK SERIES, PART 1 of 3: CONSIDERATIONS FOR RETURNING TO THE WORKPLACE

As the State of Illinois advances into Phase 5 of its “Restore Illinois” plan, all sectors of the economy have reopened, and employees are returning to the physical workplace. The transition to a “new normal” presents a variety of legal considerations for employers considering the ever-changing governmental COVID-19 policy and guidance. In part one of

GOVERNOR PRITZKER SIGNS HB4276 INTO LAW, EXTENDING REBUTTABLE PRESUMPTION FOR COVID-19 OCCUPATIONAL DISEASE CLAIMS

As expected, on February 26, 2021, Governor J.B. Pritzker signed House Bill 4276 for COVID-19 occupational disease claims in Illinois into law. This law extends application of the original rebuttable presumption legislation enacted in June, 2020, which states that front line or essential workers (as defined by the Executive Order from March 2020) alleging COVID-19

COVID-19 VACCINE: MISSOURI WORKERS’ COMPENSATION AND COMMON QUESTIONS

COVID-19 VACCINE: MISSOURI WORKERS’ COMPENSATION AND COMMON QUESTIONS With the recent development and release of COVID-19 vaccines, we received questions from our clients about whether (1) an employer can mandate a vaccine, and (2) potential workers’ compensation liability if they do so.  Certainly, employers have an interest in keeping their employees safe from both health