24 April

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Update Regarding IWCC Procedures and COVID-19

As expected, there was a legal challenge to the emergency amendment by the Illinois Workers’ Compensation Commission expanding the evidentiary rule regarding COVID-19 cases being rebuttably presumed to be related to an essential employee’s employment. The Illinois Manufacturers’ Association and Illinois Retail Merchants’ Association filed for a temporary restraining order in Sangamon County, arguing that the Commission’s action granted new rights to employees and infringed upon the protectable interests of employers which is a violation of the Illinois Administrative Procedure Act as the Illinois Workers’ Compensation Commission has not been given the authority to create new substantive rights. This was...

20 April

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Brooks v. Kankakee School District #111

Posted by John Fassola

in Significant Wins

Congratulations to IPRF and Jeff Redick for successfully defending a denial of benefits by the Illinois Workers’ Compensation Commission before the Circuit Court of Kankakee County in the matter of Brooks v. Kankakee School District #111. The case involved a Cafeteria Supervisor that alleged to have sustained injuries to her wrist, elbow, shoulder, ankle, knee and hip from a fall in a snowy parking lot when leaving work. The Respondent successfully argued that the fall did not arise out of and in the course of her employment with the Respondent. The Court agreed that the claimant’s fall in a parking...

20 April

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New Significant Wins!

Posted by John Fassola

in Uncategorized

Please click on the Significant Wins tab to review recent favorable decisions received by Power & Cronin's attorneys at the Workers' Compensation Commission, Circuit Court, and Federal Court. Our attorneys are working diligently and successfully to defend your claims....

20 April

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Hedman v. City of Elmhurst

Posted by John Fassola

in Significant Wins

Congratulations to Dan Artman and the City of Elmhurst for their successful defense of a rebuttable presumption cardiac claim. This case involved a firefighter diagnosed with hypertrophic cardiomyopathy. Due to the risk of sudden death should Petitioner be exposed to excessive physical stress, it was recommended by his treating physician that he no longer work as a firefighter. Petitioner claimed that his condition was caused by his work as a firefighter and argued that the rebuttable presumption applied to his claim. The City obtained an opinion from Dr. Richard Carroll that Petitioner’s condition is not causally related to his work for...

19 April

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Win Before the Federal Court of Appeals

Posted by John Fassola

in Significant Wins

Congratulations to Jared Vasiliauskas for his win before the Seventh Circuit Court of Appeals in a Title XII discrimination case. Jared was able to successfully argue that a Summary Judgment from the District Court was inappropriately granted. The Seventh Circuit reversed the District Court order and remanded the case for a hearing on the merits....

19 April

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McElroy v. Village of Hinsdale

Posted by John Fassola

in Significant Wins

Congratulations to the IRMA and John Fassola for their successful defense of a claim before Arbitrator Christine Ory in McElroy v. Village of Hinsdale. The claimant was a police officer who dislocated his shoulder while on duty. The claim was disputed based on a contention that the activity the claimant was performing on the date of the occurrence (reaching up to press a garage door opener) did not represent an increased risk incidental to the employment. The defense also noted that the claimant had a prior history of recurrent shoulder dislocations, one as recently as three months prior due to...

14 April

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Navigating COVID-19: Legal Implications and Guidance

Posted by John Fassola

in Articles by Power & Cronin

Employers are dealing with a wide variety of issues that have arisen in recent weeks due to the current COVID-19 Pandemic with associated Executive Orders and legislation issued at local, State and Federal levels. This includes the question of whether exposed employees who present claims for benefits are covered under the Illinois Workers’ Compensation Act and Occupational Diseases Act. Due to the rapid onset of this crisis, there simply has not been time for cases involving these issues to be presented to the Illinois Workers’ Compensation Commission for hearing. Nonetheless, the Commission has begun to set out some direction on...

19 April

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Appellate Court Decision in Firefighter “Rebuttable Presumption” Case

Posted by John Fassola

in Articles by Power & Cronin

On April 13, 2017, the Workers’ Compensation Commission Division of the Appellate Court issued a Decision, affirming the Commission’s denial of benefits to a firefighter who suffered a cardiac condition. This is the first published Decision on the “rebuttable presumption” statute which was enacted by the legislature in 2008. A copy of the Court’s Decision in Johnston v. Illinois Workers’ Compensation Commission is attached. The legislature created a rebuttable presumption in favor of firefighters who suffer from certain conditions, including heart disease and cancer. Such conditions are rebuttably presumed to be related to the firefighter’s employment and the exposures faced in...

Author: John Fassola