With COVID-19 continuing to spread throughout the United States, we have been receiving questions from our clients on potential workers’ compensation liability.  Our alert from March 12, 2020 highlighted COVID-19 in the workplace and common issues on the workers’ compensation front that employers may face. However, our attorneys at Wiedner & McAuliffe, Ltd. wanted to

Operations During COVID-19 Cancellations

As the situation with COVID-19 evolves, we are well-prepared to continue serving our clients in a way that safeguards the wellbeing of our colleagues and clients. We have issued a mandatory work from home directive for our Chicago office. We will have a skeletal crew in the place until further notice. We will remain fully

COVID-19: What Employers can do, and Potential Workers’ Compensation Liability

COVID-19, also known as Coronavirus, was recently designated a global health emergency and pandemic by the World Health Organization.  Originating in Wuhan, China in December, 2019, the disease has now spread across the globe and continues to spread throughout parts of the United States.  While a majority of cases we have seen to date are

Illinois Joins the Legalization of Recreational Cannabis Use Trend – Part III: Workers’ Compensation

Now that cannabis is legal in Illinois, the question arises as what this means for future workers’ compensation claims.  While Parts I & II of our cannabis series covered both a brief overview of the law and employee drug testing, we will now cover how legalization impacts workers’ compensation claims in Illinois. Section 11 of

Illinois Joins the Legalization of Recreational Marijuana Use Trend – PART II: Drug Testing

In just a few short weeks, Illinois will allow for the recreational use of marijuana.  Highlighted in Part I of our series, one of the main concerns employers have raised is on the issue of employee drug testing, and what employers can do under the new law.  While the new Illinois law allows employees to

Assessing Compensability of Injuries from Common Bodily Movements

Injuries resulting from common bodily movements that do not arise from an employment-related risk are not compensable. In McAllister v. Illinois Workers’ Compensation Comm’n, claimant, a sous chef, injured his knee after standing up from a kneeling position while voluntarily looking for a misplaced pan of food. The Commission found that claimant’s injury did not

Case Denied Against Trucking Company Based on Lack of Employment Relationship

Our firm successfully defended the interests of our trucking company client with a denial of compensation because of the absence of an employer/employee or borrowing/loaning employment relationship in Bergmann v. IWCC, 2019 IL App  (1st) 181948WC –U.  Claimant alleged two work accidents while hauling freight under an independent contractor agreement (ICA) between Star Leasing (an

Illinois Joins the Legalization of Recreational Marijuana Use Trend – PART I

Illinois passed a new law making the possession and use of marijuana legal for individuals over the age of 21. This law will take effect on January 1, 2020. The Cannabis Regulation and Tax Act is broad in scope, and addresses growth, sale and distribution, driving under the influence, limitations, immunities, discrimination, criminal justice reform,

Refusal of Temporary Transitional Job Offer

The Commission recently departed from past precedent regarding temporary transitional employment (TTE) and held that a claimant was not entitled to TTD benefits after his refusal to report to a transitional work assignment. In Stegan v. Reladyne, LLC, claimant was released to light duty work following an injury. Because the employer, Reladyne, could not accommodate

Employers Lose Protection of the WC/OD Acts

Governor J.B. Pritzker signed Senate Bill 1596 into law on May 17, 2019. The law amends the exclusivity provisions of the Illinois Workers’ Compensation Act and Occupational Diseases Act. Prior to May 17, 2019, the Acts served as the exclusive remedy for work-place injuries, and depending on the injury or exposure, mandated a time limit