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Appellate Decisions

Important New Decision from Illinois Supreme Court

On September 24, the Illinois Supreme Court issued a decision which arguably redefines the context by which everyday activities may be deemed as compensable workplace accidents.  In McAllister v. IWCC, 2020 IL 124848, a sous-chef claimed a knee injury from kneeling and standing in a food cooler looking for a tray of carrots.  The Supreme Court reversed the Appellate Court, finding that the action of kneeling and getting up to look for food was for the benefit of the employer, reasonable and foreseeable, and a risk incidental to the employment.  This case expands the definition of risks distinctly associated with employment...

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Appellate Court Rules on Provider Access to 1% Per Month Interest

In Marque Medicos v. Zurich, Travelers, Hartford, and AIG et al., 1-16-0756, (1st Dist. 2017),  the First District Appellate Court-Sixth Division affirmed the dismissal of Plaintiffs’ (medical provider Marque Medicos; et al.) request for interest payments at 1% per month payable to the provider pursuant to the Illinois Workers’ Compensation Act (820 ILCS 305/8.2(d)(3).    The Plaintiffs contended in a four-count complaint the following:       Count 1.  The Medical Providers were third-party beneficiaries of the standard                      policies Defendants issued to employers, and that the Medical Providers                      were therefore entitled to recover for employers’ breach of those policies.       Count 2.  The Medical Providers had an implied...

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