News

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

Appellate Court Limits Medical Waiver in Lump Sum Settlement Contract

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

Retaliatory Discharge Evidence Presented a Genuine Issue for the Jury to Decide

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

Signed, Sealed Settled Guidelines for Perfecting Settlement Agreements

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.

Defending Fire Claims 101: Investigation

“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

Cases of the Quarter

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

Attorney Held Liable for Reimbursement of Medicare Conditional Payments – It Could Be You!

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

Employer May Be Liable for Both Disability and Death Claims Arising Out of One Incident

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

Overtime Wage Income Requires That It Be Both Regular and Mandatory

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,