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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

Supreme Court Ruling Emphasizes Obligation to Pay TTD Until MMI

Interstate Scaffolding, Inc. v. The Workers Compensation Commission, et al. No. 107852 Jeff Urban was terminated while working under restrictions following an accident at work.  According to his employer, the reasons for the termination were unrelated to his injuries and his restrictions, namely that Urban had written religious “graffiti” on the storeroom wall on the

Petitioner Receives Specific Loss Award for Both Arms in Addition to Two-Member Permanent Disability Benefits Based on Loss of Both Legs

Beelman Trucking v. Illinois Workers’ Compensation Commission No. 106680 On April 19, 1995, Jack Carson, a truck driver employed by Beelman Trucking, was involved in a serious motor vehicle accident resulting in severe and permanent injuries.  He suffered a burst fracture at C5-6 resulting in a complete loss of use of both legs and the

A Nursing Home Patient Barred from Pursuing Injury Claim Because of Federal Preemption Based on the

Fosler vs. Midwest Care Center II, Inc. No. 2-08-1005 Marie Fosler alleged wrongful injuries suffered during her stay at Fair Oaks Long-Term Care Facility. As part of the admission to Fair Oaks, Fosler, through her daughter Janice Saxton, entered into a written agreement which contained a provision stating that any dispute arising from Fosler’s stay,

Employer Could Not Include Allegations in Workers’ Compensation Subrogation Claim Except for Those Alleged By the Employee

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