SMART Act Becomes Law

On January 10, 2013, President Obama signed the Strengthening Medicare and Repaying Taxpayers (“SMART Act”) into law.  The law is intended to ease the burden of certain Medicare Secondary Payer requirements on the parties to litigation.  The Act’s highlights include: Permits parties to determine Medicare’s claim for conditional payment reimbursement prior to settlement.  This eliminates

Employer Not Entitled to FCE as Part of a Section 12 Evaluation

W. B. Olson, Inc. v. IWCC No. 2012 IL App. (1st 113129 WC) The Appellate Court has finally weighed in on the thorny question which presents in many workers’ compensationcases: Can an employer obtain a functional capacity evaluation based on the recommendation of its Section 12 examiner?  Section 12 of the Act provides for an

Appellate Court Further Expands Traveling Employee Doctrine

The Venture-Newberg Prini Stone & Webster v. Illinois Workers’ Compensation Commission et al (Ronald Daughtery) No. 2012IL App 4th 110847WC (Dec. 2012) The employer (Venture-Newberg) sought pipefitters to work at its Cordova, Illinois plant. Daughtery accepted a position at the plant through his union, Local 137, based in his hometown, Springfield, Illinois. Daughtery had worked

Employer Cannot Appeal Commission Order Sending Case Base to Arbitrator

Supreme Catering vs. The Illinois Workers’ Compensation Commission No. 2012 IL App. (1st 111220 WC) Renee Diaz filed an Application claiming work-related injuries while operating a catering truck.  Supreme did not dispute the injury, but claimed that Diaz was an independent contractor.  The arbitrator found that he failed to prove an employer/employee relationship and denied

Employee Injured at ‘Sister’ Corporation is Borrowed Servant

Moevanu Prodanic vs. Grossinger City Autocorp, Inc., et al. No. No. 1-11-0993 Prodanic filed suit against Grossinger City Autocorp, Inc. (City Autocorp) for the death of Milovan Prodanic who suffered fatal injuries while repairing a garage door on the premises of City Autocorp.  City Autocorp was one of several corporations and car dealerships within the

Estate Can’t Sue Employer Over Beef Joint Killing

Alma Rodriguez v. Frankie’s Beef/Pasta and Catering No. 2012 Ill. App. (1st 113155) Eden Maya shot and killed Jose Rodriguez, a coworker at Frankie’s Beef.  Their employer, Vincent Santoro, observed an altercation between the two and a third employee, Flores.  Santoro learned later that the altercation arose from the fact that he gave Flores the

Appellate Court Denies Rehearings in Will County Forest Preserve Case

As our readers will recall, in February the Appellate Court made an astonishing decision wherein a shoulder injury was determined not to be a specific loss compensable under Section 8(e) of the Act but rather one to consider under Section 8(d)2, the person as a whole provision.  The court focused on the dictionary meaning of


Hollywood Casino–Aurora, Inc. v. Illinois Workers’ Compensation Commission No. 2012 IL App 2d 110426WC Gill Vierickl-Iverson was injured while working for Hollywood Casino and received an award which Hollywood did not appeal.  The decision became final on November 19, 2004.  Gill remained under the care of Dr. Lubenow who wrote the claims office on December

Errata: Patel v. Home Depot Redux

Our readers will recall our recent report on the case where the employer, although granted credit for an apparent overpayment of benefits by the Commission, was denied this credit when the claimant pursued a judgment from the circuit court for the sums awarded for TTD, penalties and fees by the Commission.  We were taken aback

The Shoulder Bone Aint Connected to the Arm Bone

Will County Forest Preserve District a/k/a Forest Preserve District of Will County v. IWCC No. M-MR-673 In a shocking reversal of 100 years of practice and precedent, the Appellate Court has determined that a shoulder injury is not covered under the specific loss schedule set forth in Section 8(e)10 of the Act.  Denzil Smothers was