630-571-2001

Call Us For Consultation

Search
 

XXXDemo – Blog List with Right Sidebar

High moral and ethics standards.
Power & Cronin Law Firm > XXXDemo – Blog List with Right Sidebar

Power & Cronin Win for Pace Suburban Bus

Congratulations to Pace Suburban Bus and Gina T. Panepinto  for their successful hearing  before IWCC Arbitrator Joseph Amarilio of the Illinois Workers’ Compensation Commission. The case involved a Bus Driver Petitioner that alleged injury to her left knee was exiting the bus stairs.  The incident was viewed by 3 views in bus surveillance showing the Petitioner stepped down on her right foot, the opposite side of the alleged left knee injury.  When cross examination elicited testimony that she did not feel any pain at the time of the incident, and felt a pop in her knee after she exited the employee...

Continue reading

Michael Fuscone v. Village of Hanover Park

Congratulations to IRMA, The Village of Hanover Park, and Gina T. Panepinto for the win and denial of claimed accident and benefits.  The claimant firefighter made a report to his supervisor of left knee pain.  The supervisor was a credible witness who documented the incident report of left knee pain, with no attributable work accident, activity or incident. The Arbitrator found the Petitioner failed to establish a work accident and that the left knee conditions were personal in nature. The Arbitrator found no Accident, and denied all benefits and awarded a credit to the Respondent of $26,625.03 for applicable medical charges...

Continue reading

Illinois Workers’ Compensation Commission Arbitrators Reappointed

On Friday, August 19th Governor Pritzker announced the reappointment of all 10 Illinois Workers’ Compensation Commission Arbitrators. A press release from the Governor's Office: ILLINOIS WORKERS’ COMPENSATION COMMISSION ARBITRATORS Dennis O’Brien will continue to serve as an Arbitrator on the Illinois Workers’ Compensation Commission.* O’Brien has served as an Arbitrator for the Illinois Workers’ Compensation Commission since 2019. Edward Lee will continue to serve as an Arbitrator on the Illinois Workers’ Compensation Commission.* Lee has served as an Arbitrator for the Illinois Workers’ Compensation Commission since 1997. Elaine Llerena will continue to serve as an Arbitrator on the Illinois Workers’ Compensation Commission.* Llerena has served...

Continue reading

Another Win for Power & Cronin

Congratulations to John Fassola and the University of Illinois for their win in a case with a very unusual fact pattern.  The claimant was a student lab worker at the University and alleged that he contracted HIV as a result of exposure to infected blood samples.  At trial, we were able to successfully argue multiple avenues denying the compensability of the case.  First, we noted the fact that the claimant had not immediately reported the exposure, which made the credibility of his allegation questionable.  We also used medical evidence to suggest that the timeframe between the alleged exposure and the...

Continue reading

A Win for Power & Cronin

Congratulations to Ed Miniat, LLC and Jeff Redick for their victorious hearing before IWCC Arbitrator Joseph Amarilio of the Illinois Workers’ Compensation Commission. The case involved a Petitioner that alleged to have sustained workplace injuries as a result multiple accidents including a fall and repetitive traumas. The Petitioner claimed over $132,000.00 in accrued benefits at hearing.  As a result of inconsistencies in Petitioner’s testimony elicited on cross-examination and impeachment against medical record evidence, the Arbitrator determined that the Petitioner’s conditions were not causally related to the alleged injuries and all claims for benefits were denied.  No appeal was filed....

Continue reading

Jaskowiak v. Homer Township Fire

Congratulations to the Illinois Municipal League and Gina Terrano Panepinto for their successful defense on Appeal of this matter brought pursuant to Section 19(b)1 before Arbitrator Paul Cellini.  Following briefing on Review and expedited Oral Arguments, Panel A of the Workers’ Compensation Commission affirmed the Arbitrator's decision in Jaskowiak v. Homer Township Fire Protection District. The claimant was a fire fighter/paramedic who claimed injury to his foot and back after being disqualified from a 40-hour live fire training course due to heat exhaustion and dehydration.  We questioned the credibility of the claimant regarding the timing of the disqualification from the...

Continue reading

Jared Vasiliauskas published in Sports Law newsletter

Congratulations to Jared Vasiliauskas for the recent publication of his article, "Legal Issues Surrounding the Potential Use of Ion Mobility Mass Spectometry in Anti-Doping Cases".  The article appears in the May issue of the Sports Litigation Alert newsletter.  Jared continues to demonstrate his expertise in the field of Sports Law.  You may read the article here: SLA-18-09-Legal-Issues-Surrounding-Potential-Use-Ion-Mobility-Mass-Spectrometry-Anti-Doping-Vasiliauskas...

Continue reading

Sea v. City of Pekin

Congratulations to the Illinois Municipal League and John Fassola for their successful defense of a claim before Arbitrator Bradley Gillespie in Sea v. City of Pekin. The claimant was a bus driver who slipped and fell on two occasions. He alleged the development of medial epicondylitis and carpal tunnel syndrome as a result of the falls. We questioned the causation between the fall and the alleged conditions and obtained a supportive IME opinion. At trial, we focused on the delay in seeking treatment for the alleged conditions, and the inconsistency in Petitioner’s complaints. On cross-examination, Petitioner admitted that he had...

Continue reading

Illinois General Assembly Passes Extension of COVID-19 Presumption

The COVID-19 rebuttable presumption statute that was enacted last Spring only extended through December 31, 2020.  On January 13, the Illinois General Assembly passed HB4276, extending the provisions of the statute through June 30, 2021.  Once signed into law by the Governor, it will provide the same rebuttable presumption of compensability for COVID claims going forward, and will also apply retroactively to claims that may have arisen between January 1 and the date of enactment.  The bill likewise extends COVID-related protections in the Public Employee Disability Act (PEDA) and other statutes.  Here is a link to the bill passed today:...

Continue reading

Sexual Harassment Prevention Training – Client Advisory

In August of 2019, the Illinois Human Rights Act (IHRA) was amended, requiring Illinois employers to train all employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter.  This requirement applies to all employers with employees working in Illinois.  Employers must either develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in the IHRA, or they may use the model training available from the State. Power & Cronin greatly appreciates the opportunity to provide you with the very best legal representation.  Please let us...

Continue reading

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...

Continue reading

Power & Cronin is Leading Sponsor for Esports On-line Convention

Power & Cronin continues to develop its sports law practice and is proud to announce its participation as a Leading Sponsor for the Esports Convention in September.  EsportsNext, which is the online conference for the Esports Trade Association, will take place on September 21 and 22.  The announcement of Power and Cronin as a Leading Sponsor can be found at https://www.linkedin.com/posts/esports-ta_esportsnext-activity-6704035103535964160-MWeG/.  Further information about EsportsNext2020 can be found at https://esportsta.org/esportsnext-2020-conference/.  Any questions regarding our sports law practice can be directed to Jared Vasiliauskas....

Continue reading

Pending Legislation on “Rebuttable Presumption” for COVID-19 Cases

As you are aware, in April, the Illinois Workers’ Compensation Commission proposed a Rule change to adopt a “rebuttable presumption” for COVID-19 exposure in the State of Illinois.  The Rule change was successfully challenged in Court, and subsequently withdrawn by the Commission.  At that time, it was anticipated that legislative changes would instead be pursued to create a presumption of compensability for exposure to COVID-19.   The Illinois General Assembly was called into Emergency Session beginning on Wednesday, May 19.  As expected, a “rebuttable presumption” bill, which proposes to codify changes to the Workers’ Compensation Act and Occupational Diseases Act, has now...

Continue reading

Revised IWCC Procedures for June

The Illinois Workers’ Compensation Commission has announced its revised procedures for hearings to take place during the month of June. A copy of the Commission’s memorandum of “Special Circumstance” procedures, a subsequent clarification memo, and the calendar of hearing dates can be found on the Commission's web-site at www2.illinois.gov/sites/iwcc. In summary, the Commission will continue to hold the June status calls in each venue telephonically. If one (or both) of the parties has requested a hearing, the cases will be set on a telephonic pretrial date, per the schedule of available dates in each venue. Depending on the size of the...

Continue reading

IWCC Withdraws COVID-19 Rebuttable Presumption Rule

Following an emergency meeting this morning, the Illinois Workers’ Compensation Commission has decided to withdraw its recently adopted Rule which created a rebuttable presumption for employees who are exposed to COVID-19. The Rule had created a great deal of concern among Illinois employers, who faced the difficult burden of proving that an employee’s positive COVID diagnosis was not related to a workplace exposure. The Illinois Manufacturers Association and Retail Merchants Association spearheaded a legal challenge to the Rule, and last week successfully obtained a temporary restraining order prohibiting enforcement of the Rule, pending further hearings. The Commission has opted to...

Continue reading

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...

Continue reading

GOVERNOR ANNOUNCES EXTENSION OF STAY-AT-HOME ORDER

Governor Pritzker has announced an extension and modification to the Illinois Stay-At-Home Order today. The extension is through May 30th. The current order runs through April 30th and this modified Order will go into effect on May 1st. While the actual order has not been released yet and may not be until early next week. As soon as its released, Power & Cronin will provide a detailed analysis of the modifications with a focus on its impact on business operations. For now, we have the following general details on the upcoming modifications starting May 1st: OUTDOOR RECREATION: State parks will begin...

Continue reading

Navigating COVID-19: Legal Implications and Guidance

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...

Continue reading

IRS Guidance for the Families First Coronavirus Response Act

Since our last update on March 26 regarding the Families First Coronavirus Response Act (“FFCRA”), the IRS has provided guidance on the two key provisions of the FFCRA, being the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) which amends Title I of the Family Medical Leave Act (“FMLA”).  Below is a summary of the Guidance recently provided by the IRS.  Additionally, the US DOL has provided additions and modifications(several times to date) to the Rules for the FFCRA that I will summarize in another update. Tax Credits for Eligible Employers The FFCRA provides...

Continue reading

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES Act”)

On March 27th, the President signed the CARES Act, the third coronavirus relief packaged signed by the President.  AT 880 pages and $2 Trillion in economic impact, the CARES Act is very large and contains many important provisions for businesses.  Here we will highlight several of the Act’s key provisions.   PAYCHECK PROTECTION PROGRAM   Title I of the CARES Act is the Keeping American Workers Paid and Employed Act, which establishes the Paycheck Protection Program (“PPP”). Congress has appropriated $349 billion for the PPP, for three months of 100% guaranteed 7(a) loans to cover payroll costs, employer group health, interest on mortgage payments,...

Continue reading

UPDATED COVID-19 GUIDANCE

UPDATED COVID-19 GUIDANCE Several days into the State of Illinois’ COVID-19 Response and Governor Pritzker’s Stay-Home Executive Order, we want to bring several developments to your attention as you guide your businesses through these difficult times.   The Families First Coronavirus Response Act   The U.S. Congress passed and the President signed into law the Families First Coronavirus Response Act (“FFCRA”) and its requirements go into effect on April 2, 2020.  Further, the Act is effective until, or sunsets on December 31, 2020.  FFCRA applies to all employers with fewer than 500 employees along with all government employers, with limited exceptions.  The FFCRA provides the...

Continue reading

State of Illinois Executive Order

As you are undoubtedly aware by now, Illinois Governor J.B. Pritzker today issued COVID-19 Executive Order No. 8 (“EO No.8”), under the authority granted by the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(1)-7(12).  The Illinois Emergency Management Agency Act grants the Illinois Governor very broad emergency powers for a period not to exceed 30-days when the Governor Declares a Disaster, which Governor Pritzker did on March 9, 2020.  The Governor may renew this Declaration at the end of the 30-day period.   EO No.8 is a Stay-Home Order which provides limitations on businesses currently operating in the State of Illinois.  EO...

Continue reading