USA v. Paul J. Harris No. 5:08CV102 Dan Anders of our office issues the following warning when the parties ignore the set aside requirements. In a strong example of Medicare’s right to recover for payments it claims are related to an accidental injury, a federal district court in West Virginia issued a decision on November
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
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,
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[‘]
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.
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
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
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
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
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
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