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Legal Updates

Protecting the Workers’ Compensation Lien

Section 5(b) of the Work Comp Act provides that no release of a claim against an at fault party is valid without consent of the employer unless the employer “has been fully indemnified or protected by court order”. In the Pederson case an order entered in the trial court protected the employer’s lien by stating that the employer’s lien was to be fully protected as provided for in Section 5(b).

 

Appellate Court Reaffirms Rejection of Captain of the Ship Doctrine

The Second District Appellate Court reaffirmed Illinois’ rejection of the Captain of the Ship Doctrine. Under this doctrine, which has been adopted in 20 other states, a surgeon may be held liable for the negligence of an assisting nurse whom he does not employ if the nurse’s negligent acts are done while the nurse is under the surgeon’s direct control or supervision.

 

Medical Malpractice Case Update – Summer 2009

In Crull v. Sriatana, Quinn Johnston represented a defendant before the Fourth District. The Supreme Court had ordered the appellate court to reconsider a decision in favor of the defendant after a ruling in a different case. Despite the Supreme Court’s ruling in that separate case, the Fourth District again affirmed the trial court’s dismissal of the cause of action against Quinn Johnston’s client.

 

High/Low Agreements

When considering a high/low agreement, it is important not to include the features of loan-receipt or Mary Carter agreements disapproved by the courts. High/low agreements achieve the same purpose of loan-receipt and Mary Carter agreements by reducing risk before receiving a verdict, while eliminating the public policy concerns the courts have disfavored.

 

Supreme Court Reinstates Award of PTD Benefit Plus Specific Loss for Same Accident

In Beelman Trucking v. Illinois Workers’ Compensation Commission, the Illinois Supreme Court awarded a petitioner benefits for statutory permanent total disability benefits associated with the complete loss of use of his legs plus additional benefits under Section (e) for permanent partial disability to other body parts arising from the same accident.

 

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.