News

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,

Retaliatory Discharge Action Can Be Available to Borrowed Employee

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[‘]

Former Commissioner Joins Firm

Wiedner & McAuliffe is proud to announce Diane Dickett Smart as a new member of our firm.  Ms. Dickett Smart was a member of the Illinois Industrial Commission for nine years.  As the public member of the Commission panel, she reviewed arbitrator’s decisions in conjunction with the other Industrial Commission members representing labor and business. 

Credit Under Uninsured Motorist Provision Does Not Permit an Attorney’s Fee Under Section 5(B) of the Workers’ Compensation Act

Taylor v. Pekin Insurance Company No. 105158 In Taylor v. Pekin Insurance Company, the Supreme Court of Illinois had occasion to consider the application of Section 5(b) of the Workers’ Compensation Act as opposed to the credit allowed the employer under the uninsured motorist provisions of the employer’s automobile liability policy.  In interpreting the provisions

How Can the Alleged Improper Handling of a Workers’ Compensation Claim be a Violation of the Rico (Racketeer Influenced and Corrupt Organizations) Act?

Brown, et al v. Cassens Transport, et al No. 08a0385 The United States Court of Appeals, Sixth District (Michigan), acting on a remand from the United States Supreme Court, has held that employees may have an action based on the civil provisions of the RICO Act.  This may be an important decision which could affect

Employer’s Action Dismissed Against the Defendant Physician Who Failed to Disclose Prior Medical Condition

Hollywood Trucking v. Roger Watters, et al No. 5-06-0231 Hollywood Trucking, Inc. is an interstate motor carrier located in Illinois with its operations regulated by the DOT.  The statute requires each motor carrier to investigate and make inquiries with respect to the physical and medical condition of the driver.  The statute reads: The medical examiner

Employee Is Not Entitled to Collect TTD Benefits After He Voluntarily Removes Himself From The Work Force for Reasons Unrelated to His Injury

Interstate Scaffolding v. Workers’ Compensation Commission, et al No. 3-07-0801WC In a recent appellate court decision, Interstate Scaffolding, Inc. v. The Workers’ Compensation Commission, the court had occasion to consider a novel issue holding that an employee who voluntarily removes himself for unrelated reasons is not entitled to collect TTD. Jeff Urban was employed by

Dual Capacity Claim Rejected

Romana Kolacki v. Laura Verink, et al No. 3-07-0325 Ramona Kolacki sustained injury to her head when kicked by a horse at her employment with Silvercrest Veterinary Services, Limited.  Randall Verink is the sole owner of Silvercrest and works for Silvercrest as a veterinarian.  Randall and his wife, co-defendant Laura Verink, owned property in Will

Borrowing Employer Ordered to Reimburse Loaning Employer for Workers’ Compensation Benefits Paid

Surestaff v. Open Kitchens No. 1-06-3225 In the summer of 2003, Surestaff, a day labor service, and Open Kitchens, a food service company, which provided meals to various identities in the Chicago Public School and the Chicago Housing Authority, entered into an agreement where Open Kitchens would provide additional workers for the summer lunch program.