News

Flight Attendant’s Reimbursement of Expenses Is Not Included in the Average Weekly Wage

United Airlines, Inc. v. Workers’ Compensation Commission No. 1-07-1316WC Mary Ritter in 1998, employed by United Airlines as a flight attendant, suffered two work-related accidents.  The first occurred on August 27, 1998 when she sustained an injury to her back and the second on September 9, 2000 when she re-injured the back and never returned

Temporary Total Disability Payments Made During FMLA Leave Period Did Not Prevent Termination of Employment at Conclusion of Twelve-Week FMLA Period

Dotson v. BRP US Incorporated, et al No. 07-1375 Brian Dotson, employee of BRP US, Inc. was terminated from his employment after filing a workers’ compensation claim.  In support of the termination, the employer relied on the fact that Dotson’s absence from work exceeded the amount of time allotted by the Family and Medical Leave

Petitioner Denied Specific Loss Award in Addition to Two-Member Permanent Total Disability Benefits

Beelman Trucking v. Workers’ Compensation Commission 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 near complete paralysis

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