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Subrogation Lien Not Limited to Sums Paid by Guaranty Fund

Raul Sanchez v. Rental Service Corporation No. 1-08-3304, 1-09-0165, 1-09-0188 (Cons.) Raul Sanchez was injured while working for Paul’s Welding Service, Inc. (PWS).  In addition to collecting benefits under the Workers’ Compensation Act, he also filed a civil action against Rental Service Corporation (RSC), who he claimed was responsible for his injuries.  The carrier for

APPELLATE COURT “OVERTIME” EXCLUSION

Tower Automotive v. Illinois Workers’ Compensation Commission No. 1-09-3161WC Robert Nowak worked for Tower Automotive operating a forklift which he claimed caused accidental injuries.  His employer disputed the work‑relatedness of his condition and the matter proceeded to trial.  One of the issues presented at the hearing was how petitioner’s wages should be calculated. With respect

WORKERS’ COMPENSATION REFORM ROUND 2

Beginning January 4, 2011, in a veto session, workers’ compensation reform came to Illinois in legislation now known as Senate Bill 1066.  This bill emerged after three Senate and two House public hearings.  Representative John Bradley (D) and Dan Brady (R) were responsible for presenting the bill to the House.  Senate Bill 1066 included numerous

NEW ST. LOUIS ATTORNEY

Wiedner & McAuliffe is pleased to announce that Matthew Barnhart has recently become an attorney in our St. Louis office.  Matthew is a graduate of the University of Missouri (Kansas City) Law School, having earned his Juris Doctor in 2004. Matthew has extensive experience in representing Missouri employers in the defense of workers’ compensation claims. 

FEDERAL COURT REVIEWS MEDICARE CONDITIONAL PAYMENT CLAIM

As our readers know, the Medicare Secondary Payer Act was enacted to reduce federal health care costs.  Under this statute, Medicare is now the “secondary payer” whenever payment for covered services is reasonably expected from another primary payer; if Medicare pays in such instance, it is entitled to reimbursement.  Recently, The U.S. Court of Appeals

Wiedner & McAuliffe Earns U.S. News & World Report’s Tier 1 Law Firm Ranking

  Wiedner & McAuliffe named as a Tier 1 law firm on U.S. News & World Report’s inaugural “Best Law Firms” rankings. In September 2010, U.S. News and Best Lawyers, the leading survey of lawyers worldwide, joined forces to rank 9,000 nationwide firms in 81 practice areas. The methodology for the U.S. News – Best

Wiedner & McAuliffe Earns U.S. News & World Report

Claimant’s Accident did not Arise out of and in the Course of Employment

Colleen Davis v. Frozen Treats, Inc. No. 07 080628 Colleen Davis, a minor, was employed at an ice cream store, Frozen Treats.  On August 3, 2007, while cleaning the store at the close of the day, she squatted to pick up trash and place it into the waste can when her right knee gave way. 

Employee Filing Both Civil and Compensation Claims Against Employer Did Not Violate Exclusivity

Reed v. Richard White, et al, No. 5-08-0446 Prior to January, 2003, Regina Reed performed certain volunteer tasks for Harris Farms.  Nelda Harris, d/b/a Harris Farms, wished Regina to be compensated for her work and made Regina a part-time employee.  Ronald Reed, the husband, was also the plaintiff’s supervisor, as well as the overall manager

Marijuana Intoxication Does Not Bar Recovery for Workers’ Compensation Benefits

Szarek v. The Workers’ Compensation Commission No. 03-08-0530WC Lennie Szarek, a 21 year old apprentice carpenter, was framing the exterior walls on the second floor of a new house when he fell through a nine foot by nine foot stairwell opening in the center of the floor.  The claimant suffered paraplegia when, while constructing a