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The Latest on an Insurer’s Obligation to Honor a Medicare Lien

A federal court ruled that an insurance company did not act in bad faith for “delaying” payment of a settled claim until Medicare defined its lien, despite the fact that the plaintiff himself found the prolonged process vexing.

 

A Wage Differential Must be Supported by an Adequate Job Search

In Deckrow v. United Airlines, IWCC# 06 WC 33452, the Commission determined that the petitioner’s job search showed a lack of good faith. In this case, petitioner repeatedly applied for positions for which he was unqualified and sought salaries that were excessively high. Petitioner also did not sufficiently complete applications.

 

An Adequate Job Search is a Prerequisite for Maintenance Benefits

In Alfaro v. Al Piemonte Ford, IWCC# 10 WC 10326, the Commission vacated an award of the arbitrator awarding maintenance benefits. Upon being released from work, Petitioner did not engage in a job search. He testified that he completed applications, but presented no physical evidence of the applications.

 

A New Rule on the “Unnatural Accumulation” of Snow and Ice

On August 22, 2012, the Illinois Appellate Court issued its opinion in Barber v. G.J. Partners, Inc., resulting in a significant win for defendant property owners. Essentially, the court determined that requiring perfection in snow and ice removal would put an unreasonable burden on property owners in Illinois.

 

Illinois Creates New Estate Planning Device for Individual Clients’ Residential Real Estate

Effective January 1, 2012, the TODI Act began providing residential real estate owners with the authority to transfer their property outside of probate using a Transfer on Death Instrument. Under the TODI Act, only residential real estate may be transferred.

 

Are IMEs Still Viable Given New UR Provisions?

Chris Crawford explains why nothing in new Utitilization Review provisions limits the parameters of an independent medical exam. Section 12 examiners are still allowed to address causation and the reasonableness of medical treatment even with the reforms of the Act.