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Articles by Power & Cronin

Benefits Denied for Fall From Chair

In Noonan v. IWCC, 1-15-2300 WC (1st Dist. 2016), the Workers’ Compensation Division of the Illinois Appellate Court affirmed the IWCC decision which had found the Petitioner failed to meet his burden of proving a compensable accident.    In Noonan, the Petitioner was a clerk for a trucking company.  He answered the phone and filled out truck driver sheets.  While filling out a truck sheet, the Petitioner accidentally dropped his pen on the floor.  The Petitioner was sitting on a wheeled chair.  The Petitioner placed his left hand on the desk and reached for the pen with his right hand.  As the...

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Appellate Court Decisions on Permanency Factors – Evaluating Age as a Factor

In Con-way Freight, Inc. v. IWCC, 1-15-2576 WC (1st Dist. 2016), and  Flexible Staffing Services v. IWCC, 1-15-1300 WC (1st Dist. 2016), the Workers’ Compensation Commission Division of the Illinois Appellate Court defined the proper weight to be given an AMA impairment rating when awarding permanency.  The Flexible Staffing decision is notable, in particular, because the Appellate Court, for the first time, discusses the weight to be given to age as one of the factors to be considered.   In Flexible Staffing Services v. IWCC, the Workers’ Compensation Commission Division of the Illinois Appellate Court affirmed a circuit court decision which had confirmed...

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