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Legal Updates

Tools of the Trade: Case Conclusion

Dave Collins explains different methods of concluding a case. He also explains post-trial motions and appeals. A major part of the defense attorney’s job is to shepherd the client through the process of a lawsuit, keeping them informed and answering their questions

 

Health Insurers’ Subrogation Liens Are to Be Legislatively Regulated

The Illinois General Assembly has amended the Health Care Services Lien Act, which will become effective January 1, 2013. The amended law answers questions for health insurers who hold subrogation liens on personal injury claims.

 

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.

 

Medical Malpractice Statute of Limitations – Part 2

Kevin Miller writes of a conversation between himself and his Uncle Will, who had concerns about medical malpractice statutes of limitations. Kevin explained that there are exceptions to the general rule that a plaintiff must file a medical malpractice claim within two years from the time he or she is injured.

 

Attorney Fee Provision of Hospital Records Act Does Little to Encourage Timely Compliance

As a matter of first impression, the Illinois Appellate Court recently held in Larson v. Wexford Health Services, Inc., that in order to invoke the attorney fee provision of the Illinois Hospital Records Act, a patient must not only file a lawsuit to obtain the records, the suit must culminate in an order for production of the records sought.

 

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.