Pederson v. Mi-Jack Products, Inc., et al No. 1-07-2327 and 01-07-3228 John Pederson, an employee of Henkels and McCoy, Inc. (Henkels), was injured on March 23, 1999 when a boom jib from a truck-mounted crane fell on him. Two days prior to the expiration of the two-year statute of limitations, Pederson filed a complaint sounding
Hagene v. Derek Polling Construction No. No. 5 07 0225 Mark Matranga of our office has called our attention to exposure for medical expenses when the settlement contract is not sufficiently explicit. The Appellate Court, Fifth District, recently decided a case which will affect the practice of how medical bill issues are addressed in lump
Herman v. Power Maintenance & Constructors No. 04-08-0509 Plaintiff, William T. Herman, brought a tort action against Power Maintenance & Constructors for discharging him, or refusing to call him, in retaliation for his filing a workers’ compensation claim. The trial court entered a summary judgment in defendant’s favor but the appellate court reversed. Defendant laid
Whenever settlement discussions result in a final settlement, make sure that the agreement is documented or recorded with proof of consent by all parties to the agreement. Failing to do so could spur additional litigation and end up costing clients more than they bargained for. The recent case of K4 Enters. v. Grater, Inc., No.
“The temptation to form premature theories upon insufficient data is the bane of our profession.” – Sir Arthur Conan Doyle’s Sherlock Holmes A thorough scene investigation of your next fire case may be the difference between a claim being dropped and a claim being litigated. The timeliness of the investigation and methods employed will ensure
Garcia v. Wooton Construction Ltd. (1st Dist. December 22, 2008) The First District Appellate Court reversed the Circuit Court’s finding of summary judgment when it decided that a general contractor owed a duty of care to an ironworker who was injured unloading bolts at a Chicago condominium development. The Plaintiff, an ironworker employed by a
USA v. Paul J. Harris No. 5:08CV102 Dan Anders of our office issues the following warning when the parties ignore the set aside requirements. In a strong example of Medicare’s right to recover for payments it claims are related to an accidental injury, a federal district court in West Virginia issued a decision on November
Freeman United Coal Mining Company v. The Workers’ Compensation Commission No. 04-07-0905WC, 04-07-0907WC The recent case of Freeman United Coal Mining Company has called attention to the possibility that an employer may be held liable for a claim for disability due to lung disease, as well as for a death claim, when both claims arise
Dominick’s Finer Foods v. Michael G. Stell, et al No. 08L50792 Our firm represented Dominick’s Finer Foods in a very important case involving the question of overtime hours being included in the claimant’s average weekly wage. The Commission found: Petitioner earned a total of $50,220.04 for the 52 weeks prior to the accident, including overtime,
Hester v. Gilster-Mary Lee Corporation No. 5-07-0283 Carrie Hester was assigned to work for Gilster by her employer, Manpower, Inc. During her entire time at Gilster, Hester had no contact with Manpower. In her suit against Gilster, she alleged as follows: On September 13, 2006, under threat of subpoena, Hester gave testimony in the workers[‘]
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