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Articles by Power & Cronin

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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Appellate Court Decision in Firefighter “Rebuttable Presumption” Case

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...

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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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