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Archives: April, 2009

Agreements to Settle Workers’ Comp Claims Must Be Approved by IWCC

When it comes to resolution of work comp claims, the old adage, “get it in writing” does not go far enough because such settlements are subject to approval by the Illinois Workers’ Compensation Commission. Section 23 of the Act provides that, with regard to the amount of compensation payable, no employee has the power to waive the provisions of the Act except after approval by the Commission.

 

Pre-Judgment Interest Proposal

The Illinois State Bar Association, in a move stridently opposed by the defense bar, is including in its 2009/2010 Legislative Proposal a request that the Illinois Code of Civil Procedure be amended to allow for the award of pre-judgment interest in tort cases under certain circumstances.

 

Quality Improvement Programs for Practice Groups

Having a quality improvement program for a practice group will improve quality care, improve patient satisfaction, reduce litigation risk, and save money. This article discusses the Illinois Medical Studies Act, the basics of a quality improvement program in the practice group setting, and the benefits of having such a quality improvement program.

 

Appellate Court Reverses IWCC’s Exclusion of IME Report Based upon Marks Objection

The Appellate Court in the Ghere and Marks Decisions applied and extended the 48-hour rule in workers’ compensation cases, barring admission of a party’s medical evidence. These Decisions were limited by the Appellate Court in the City of Chicago v. Workers’ Compensation Commission.

 

Quinn Johnston Wins Supreme Court Ruling for Halverson Construction

Gregory A. Cerulo and Adam P. Chaddock obtained an Illinois Supreme Court victory for Halverson Construction Company in connection with claims arising out of the collapse of a work platform suspended from the McCluggage Bridge over the Illinois River between Peoria and East Peoria, IL. Nearly 9 years of work went into the case.

 

Appellate Court Finds the Petitioner Who Was Terminated for Cause Not Entitled to TTD

The 3rd District held that a respondent does not owe TTD to a petitioner where the petitioner voluntarily removes himself from the workforce for reasons unrelated to his work injury. In Interstate Scaffolding v. Workers Compensation Commission, respondent was accommodating petitioner’s light duty restrictions. While on light duty, petitioner defaced company property.