Workers Compensation Awards

News & Analysis as of

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

“Most Workers Are Employees” – DOL Issues Guidance on Misclassification of Workers as Independent Contractors

The U.S. Department of Labor (DOL) issued guidance today alerting employers that “most workers are employees” under the Fair Labor Standards Act (FLSA), and reminding employers that the correct classification of workers as...more

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

California Supreme Court Lowers The AOE/COE Hurdle In Workers’ Compensation

In South Coast Framing, Inc. v. WCAB, Jovelyn Clark, S215637, May 28, 2015, the California Supreme Court clarified a claimant’s burden of proof in obtaining workers’ compensation benefits. In brief, a claimant meets the...more

Physician Progress Report: Get one every doctor visit

Following every visit to your authorized treating doctor, be sure to ask the doctor or his assistant for a copy of the doctor’s physician progress report. There is a DIR-approved form that most doctors use, although some...more

Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”

In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal that he was assaulted by his employer’s health and safety officer and was not an...more

4 tips on how to handle a workplace injury

In the immediate aftermath of a workplace injury, workers may be shocked and traumatized, worrying about their physical health and the possible future of their families. Employees in Illinois have the right to medical care...more

What can I do if my workers’ compensation has been denied?

It can be an unpleasant shock to discover that your workers’ compensation claim has been denied. As you begin the process of recovering and rebuilding after an accident on the job, it is disturbing to hear a response of “no”...more

Workers' Compensation Update: "Economic Circumstances" and "Fellow Employee"

One tool available to employers to limit workers' compensation benefit payments is the so called "fellow employee" limitation. In general, absent a full recovery from a work-related injury, an employer is obligated to pay...more

Client Alert: Premises Liability Claim Brought by Correctional Officer Not Precluded by Workers’ Compensation Law

In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

The Blame Game- Unhealthy Lifestyles and Work Comp

I believe that people are responsible for their actions in life, particularly  decisions they make that affect their own personal health. Although I represent injured people, I may personally disagree with a sensational jury...more

Insurance Guaranty Association Must Pay Workers’ Compensation Claims Of A Former, Non-Member Group Self-Insurer

The North Carolina Court of Appeals has held that the state’s Insurance Guaranty Association is obligated to pay for workers’ compensation claims made or incurred against CompTrust, a former group self-insurer that issued...more

Maine Workers' Compensation Alert: Supreme Court Rules on Application of § 327 Presumption

In Estate of Sullwold v. The Salvation Army, 2015 ME 4 (January 22, 2015), a high-level Salvation Army employee with a history of cardiovascular issues was found dead after a heart attack with his smart phone next to him and...more

Maine Court Upholds Award Of Workers’ Comp - Cautionary Case For Employers That Allow Employees To Work At Home

Presumption of Causation – In Estate of Sullwold v Salvation Army, the court confirmed that in case of death – even when working at home – there is a rebuttable presumption that the death was caused by work, provided...more

Maine Workers' Compensation Alert: Workers' Compensation Appellate Division Holds that in a Claim to Death Benefits, Dependency...

In Foley v. Thermal Engineering International, Inc., Me. WCB App. Div. Decision No. 15-2 (January 13, 2015), the Workers' Compensation Board Appellate Division held that, in a claim to death benefits, dependency status is...more

New Year, New Rules! 2015 Commission Guidelines

With the new year in full force, some of the Workers’ Compensation Commission guidelines have changed for 2015: - Mileage reimbursement for travel to and from authorized medical treatment has increased to 57.5 cents...more

Can you claim Social Security Disability as well as workers’ compensation?

Work-related injuries contribute to about 1 in 20 cases of disability, according to the Council for Disability Awareness. Workers’ compensation insurance provides financial support to Illinois workers who have suffered...more

Illinois Supreme Court Debates Whether Treasurer Needs Appellate Bond

Although Illinois courts are generally presumed to have subject matter jurisdiction, that rule doesn’t apply when it comes time to review a decision of the Workers’ Compensation Commission. In order to initiate judicial...more

Seeking workers’ compensation in Illinois for mental health conditions

Not all employment-related injuries are physical. Stress, violence and other workplace traumas can cause mental health conditions that may render an employee unable to work. Although these injuries may not be as obvious as a...more

Illinois worker still eligible for workers’ compensation after fired for theft

Disabling accidents are tragically common among warehouse workers in Illinois. According to the Bureau of Labor Statistics, more than 5 percent of full-time warehouse employees suffer a serious workplace injury every year....more

Can Illinois employers refuse to offer workers’ compensation?

Despite increased safety measures on the job, workplace accidents are still a common occurrence. According to the Illinois Department of Public Health, 154,600 employees in the state suffered a work injury during 2012. More...more

Social media increasingly used in workers’ compensation cases

Social media has become an important part of modern life. According to the New York Times, Americans spend an average of three hours per day on social media sites. These sites can build communities, reunite old friends and...more

Employee or Independent Contractor: That is the Question!

To be entitled to workers’ compensation benefits, the injured worker must be an employee. An independent contractor is not entitled to benefits. The fact that an employer may designate a worker as an “independent contractor”...more

How to Determine the Appropriate Rate of Pay for Attendant Care Providers

If you are an adjuster handling attendant care issues in a workers’ compensation claim, you know it can be a challenge to determine the rate of pay for an attendant care provider. The appropriate compensation rate for the...more

Paralysis and workers’ compensation

Each workplace injury presents its own set of challenges. Some of these injuries, however, present far greater challenges than others and paralysis falls into that category. State law in Illinois provides financial...more

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