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Archives: December, 2010

Choose Your Words Carefully

In adjusting claims, it is important that the insurance adjusters carefully choose their words and properly represent their position to the insureds at the scene. While words of comfort are seemingly appropriate, they can be taken out of context and become the basis for a lawsuit. Claims adjusters need to make sure the insureds understand the context of their representations and coverages.

 

General Caselaw Update – Winter 2010

In Kleiber v. Freeport Farm and Fleet, the Third District disagreed with the trial court that the distraction or deliberate-encounter exceptions applied when a women walked over an empty pallet to grab a bag of topsoil but stepped into a gap between slats and hurt her leg. Defendant had been represented at trial by Quinn Johnston’s Adam Chaddock.

 

Medical Malpractice Caselaw Update – Winter 2010

In Jackson v. Reid, the Third District held that a physician defendant who testifies as an expert witness waives the attorney-client privilege and is subject to the same rigorous cross exam as is a non-party expert. Matt Maddox examines the implications of this decision and the Second District’s decision in Knight v. Van Matre.

 

Former Employee’s Injury While Attending IME: Not Compensable

On November 16, 2010, the Appellate Court delivered its opinion in Menard v. Illinois Workers’ Compensation Commission. The Menard decision confirmed that an employment relationship does not exist when a terminated claimant is injured while returning from an independent medical examination (IME).