Loaning and Borrowing Employers Both Immunized From Common Law Liability

Roberto Chavez v. Transload Services, et al No. 1-07-0125 In our August 2007 Newsletter, we discussed the case of Marshall Behrens, who was sent by a labor service (People Link) to California Cartage Company.  At the same time, Cynthia Smith had been sent by another labor service (Staffers Resources) to California Cartage Company, as well. 

Another Hopeless Attempt by a Loaned Employee to Collect on a Personal Injury Claim Against the Borr

Chavez vs. Transload Services No. 1-07-0125 In our recent Newsletter of September 2007, we described the Behrens v. California Cartage case where loaning and borrowing employers were both immunized from common law liability because of the exclusivity provisions of Section 5.  You may recall that in that case, the plaintiff and defendant were referred by

Dismissal of Suit by Reason of the Exclusivity Provisions of the Workers’ Compensation Act was Held to be Premature

William J. Foster v. John A. Johnson No. 1-06-0822 William Foster and John Johnson were both employees of the CTA in a Chicago facility.  On October 17, 2002, Johnson allegedly committed a battery against Foster and filed a civil action.  Initially, Foster had filed a workers’ compensation action stating that the CTA had paid $657

Contractors Hiring Individuals as Subcontractors May Find that New Illinois Statute Would Classify the Individuals as Employees

The Employee Classification Act became effective January 1, 2008.  The stated purpose of the Act “is intended to address the practice of mis-classifying employees as independent contractors.”  As a result, a contractor who engages an individual or partnership under a subcontract may find that said contractor may be deemed to be an employee of the

Appellate Court Finds That Attack on Jewel Food Stores Truck Driver While Making a Delivery Was Compensable as Traveling Employee -Reverses Commission Denial of Benefits

Potenzo v. IL Workers’ Compensation Comm. No. 1-07-0077-WC On February 27, 1995, Thomas Potenzo, a truck driver for Jewel Food Stores, was attempting to make a delivery at the Jewel store located at 4355 North Sheridan Road, Chicago.  The claimant backed his truck up to a hydraulic lift used in the process of unloading trucks

Caterpillar Allegedly Promises to Pay for Medical Services Provided to Its Employee by Rosewood Care Center

Rosewood Care Center v. Caterpillar, Inc No. 103212 Background of Case All of the evidence in the case is provided by the pleadings.  Rosewood is a skilled nursing care facility.  It alleges that on October 21, 2001, Betty Jo Cook, suffered injuries while working for Caterpillar and was hospitalized on that date until January 30,

Trial Court Has No Authority to Adjudicate Employer’s Workers’ Compensation Lien

Smith v. Louis Joliet Shoppingtown, et al No. 1-07-2988 All of us have had the experience of appearing for pre-trial conferences where the trial judge attempts to adjudicate the distribution of the settlement proceeds between the recovery being made by the employee in his third party case and the employer who seeks reimbursement for his

All Members of a Joint Venture are not Necessarily Entitled to Immunity if the Terms of the Joint Venture

Ioerger vs. Halverson Construction Co., et al No. 3-06-0399 In the case of Ioerger v. Halverson Construction Co., et al, the plaintiffs were ironworkers who fell from a scaffold suspended above the Illinois River when the scaffold collapsed plunging the ironworkers into the river below.  Three ironworkers were injured and one was killed.  Suit was

Cab Driver Was Not the Employee of the Cab Company When Fatally Shot While Driving a Leased Taxicab

West Cab Co., et al v. Industrial Commission No. 1-06-2566WC Michael Gray leased a taxicab from West Cab Company on a regular basis.  While in the leased taxicab, he was shot and killed by an armed assailant.  West Cab, Northwest Cab and Northwest Package Delivery, Inc. were managed and owned by the same persons.  On

Employee’s Release of Injury Claim Against His Employer’s Underinsured Motorist Insurance Policy Did Not Release His Workers’ Compensation Claim

Maxit, Inc. v. John Van Cleve, et al No. 2-06-1025 On December 21, 2006, John Van Cleve sustained injuries while driving a truck being operated in the course of his employment with Maxit. Van Cleve filed a claim under Maxit’s underinsured motorist insurance policy. He also filed a workers’ compensation claim for which Maxit had