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List of Forms by Chapter - Chapter 1 — Basic Aspects of the Workers’ Compensation Act
- Chapter 2 — Employer-Employee Issues
-
I. Employer and Employee Defined - II. Common Problems in Determining Whether an Employer-Employee Relationship Exists
- [2.3] Independent Contractor
- [2.4] Loaned or Borrowed Servant
- [2.5] Joint Employee
- [2.6] Concurrent Employment
- [2.7] Volunteers and Payment by Third Parties
- [2.8] Corporate Officers
- [2.9] Parent and Subsidiary Corporations
- [2.10] Partners
- [2.11] Minors
- [2.12] Volunteer Firefighters, Police Officers, and Municipal Firefighters
- [2.13] Noncitizens
- [2.14] Domestics and Agricultural Workers
- [2.15] Jurors
- [2.16] Liability of Employer in Dual Capacity
- [2.17] Duration of the Employment Relationship
- III. Conflict of Laws
- IV. [2.21] Employer’s Rights and Obligations Under the Revisions to the Compensation Act in 2006 and 2011
- V. [2.22] The Employee Classification Act
- VI. [2.23] The Biometric Information Privacy Act
- Chapter 3 — What Is an Accident? Arising Out Of
- I. [3.1] General Principles of “Arising Out Of”
- II. Repetitive Trauma
- III. [3.4] The Employment Must Be a Causative Factor
- IV. [3.5] Psychological Disabilities
- V. [3.6] Vascular Problems — Heart Attack, Stroke, Aneurysm, Pulmonary Embolism, and Thrombophlebitis
- VI. [3.7] Suicide
- VII. [3.8] Heat and Cold
- VIII. [3.9] Lightning, Tornadoes, and Windstorms
- IX. [3.10] Idiopathic and Unexplained Falls
- X. Preexisting Injuries and Diseases
- XI. [3.13] Risks Purely Personal and Unrelated to the Work
- XII. [3.18] Injury Resulting from a Weakened Condition Following a Compensable Injury
- Chapter 4 — What Is an Accident? In the Couse Of
- I. [4.1] Scope of Chapter
- II. [4.2] Going to and Coming from Work
- [4.3] On the Premises
- [4.4] Parking Lots: Injuries Involving Vehicles
- [4.5] Parking Lots: Injuries Involving Condition of Parking Lot
- [4.6] Within the Company’s Building
- [4.7] Lunch on Company Premises
- [4.8] Lunch off Company Premises
- [4.9] Location When and Where General Public Would Not Be
- [4.10] Extension of Company Premises
- [4.11] Adjoining Streets and Walks
- [4.12] Public Parking Lots
- [4.13] Routes Leading to Company Premises
- [4.14] Employment Requiring Travel
- Deviation
- [4.15] Departure from Course of Employment
- [4.16] Unreasonable Risk Without Employer’s Acquiescence
- [4.17] Voluntary Acts — Good Samaritan Doctrine
- [4.18] Intoxication of Employee
- [4.19] Intoxication While Operating an Automobile
- [4.20] Intoxication Not Involving an Automobile
- [4.21] Transportation to and from Work Arranged or Designated by Employer
- III. [4.22] Medical Treatment Prescribed by Employer’s Physician
- IV. Recreational Activities
- Chapter 5 — Procedure, Appeals, and Special Remedies
- I. Introduction
- II. Preliminary Procedural Considerations
- III. Pretrial Procedure
- IV. Arbitration Procedure
- V. Review Procedure
- [5.22] Limitations
- [5.23] Perfecting a Review
- [5.24] Return Date on Review
- [5.25] Statements of Exceptions and Briefs
- [5.26] Oral Argument
- [5.27] Request for Special Findings
- [5.28] Decision on Review
- [5.29] Correction of Clerical Errors
- [5.30] Commission Recall
- [5.31] Time for Filing the Review
- [5.32] Rehearing Not Permitted
- [5.33] Also Applies to Arbitrator’s Rulings
- VI. Appellate Procedure
- [5.34] In General
- [5.35] Appeal to Circuit Court
- [5.36] Venue
- Parties
- [5.37] Named Parties
- [5.38] Scope of the Review and Cross-Appeals
- Perfecting the Appeal
- [5.39] Limitations
- [5.40] Request for Summons
- [5.41] Form of Summons
- [5.42] Bond
- [5.43] Notice of Intent To File for Review in the Circuit Court
- [5.44] Filing Fees
- [5.45] Appearance
- [5.46] Hearing — Scope of Review
- [5.47] Decision of Circuit Court
- [5.48] A Remand Means a New Judicial Review
- [5.49] Circuit Court’s Initial Ruling Must Be Raised
- [5.50] Appeal from Circuit Court
- [5.51] Order Must Be Final
- [5.52] Where and How To Appeal
- [5.53] Appellate Court, Workers’ Compensation Commission Division
- [5.54] Supreme Court Review
- VII. Special Remedies
- Expedited and Emergency Hearings
- [5.55] Overview
- [5.56] Section 19(b) Procedure
- [5.57] Section 19(b-1) Procedure
- [5.58] Petition for Emergency Hearing
- [5.59] Response to Petition
- [5.60] Hearings and Adjudication
- [5.61] Service of Documents
- [5.62] Suspension of Compensation — Section 19(d)
- Assessment of Penalties and Attorneys’ Fees
- [5.63] Overview
- [5.64] Sections 19(l) and 19(k-1) — Delay in Payment of Temporary Total Compensation
- [5.65] Section 19(k) — Delay in Payment of an Award
- [5.66] Arbitrator’s Authority To Assess Penalties
- [5.67] Assessment Based on Conduct Prior to Adjudication of Liability
- [5.68] Amount Payable
- [5.69] Medical Expenses Treated as Compensation
- [5.70] Standards for Assessment
- [5.71] Section 16 — Attorneys’ Fees and Costs
- [5.72] Review of Prior Award — Section 19(h)
- [5.73] Permanency
- [5.74] Temporary Total
- [5.75] Time Limitations
- [5.76] Procedure
- [5.77] Reimbursement for Medical Expenses — Section 8(a)
- [5.78] Judgment on Award — Section 19(g)
- [5.79] Interest on an Award – Section 19(n)
- Chapter 6 — Interim Benefits: Temporary Total Disability, Medical, and Rehabilitation
- I. [6.1] Introduction and Scope of Chapter
- II. Rate of Compensation
- Wages
- [6.2] Calculation of a Claimant’s Average Weekly Wage
- [6.3] Full Employment in 52 Weeks Prior to Accident
- [6.4] When Employee Does Not Earn in Every Week in 52 Weeks Preceding Accident
- [6.5] Seasonal Employees
- [6.6] Exclusion of Overtime and Workweeks That Are Not Regularly 40 Hours
- [6.7] Vacation Pay
- [6.8] Fringe Benefits and Exclusion of Net Profit in Average Weekly Wage Calculation
- [6.9] Concurrent Employment by Two or More Employers
- [6.10] Occupational Diseases
- [6.11] Calculation of Rate
- III. Temporary Total Disability
- [6.12] General Entitlement to Temporary Total Disability Compensation
- [6.13] Each §19(b) Petition Is “Separate and Distinct”
- [6.14] Law of the Case Doctrine and §19(b) for Temporary Total Disability
- Failure To Cooperate with Rehabilitation Efforts and Removal from the Workforce by Volitional Act of Employee
- [6.15] Failure To Cooperate with Rehabilitation Efforts
- [6.16] Volitional Acts Removing Employee from Workforce
- [6.17] Entitlement to Temporary Total Disability Even After Medical Treatment Has Ceased and When “Occasional” as Opposed to “Continuous” Wages Are Earned
- [6.18] Temporary Total Disability with Social Security Benefits and Unemployment Benefit Offsets
- [6.19] Temporary Total Disability After an Award for Permanency
- [6.20] Temporary Partial Disability
- IV. [6.21] Medical Treatment
- [6.22] Choice of Medical Treatment
- [6.23] Unsanitary or Injurious Practices and “Unreasonable Delay” in Choosing a Prescribed Course of Care
- [6.24] Payment for Incidental Medical Cost
- [6.25] Prospective Medical Care
- [6.26] Medical Fee Schedule
- [6.27] Utilization Review
- [6.28] Prohibition of Balance Billing
- V. [6.29] Vocational Rehabilitation
- Factors To Determine When Vocational Rehabilitation Is Required
- [6.30] Parties in Agreement as to a Course of Vocational Rehabilitation
- [6.31] Parties Not in Agreement as to a Course of Vocational Rehabilitation
- Rehabilitation Obligations
- [6.32] Commission’s Obligations
- [6.33] Petitioner’s Obligations
- [6.34] Employer’s Obligations
- [6.35] Maintenance
- [6.36] Certification of Vocational Rehabilitation Counselors
- Other Issues
- [6.37] Waiver and Vocational/Maintenance Benefits Under §19(h)
- [6.38] Section 5 Lien
- [6.39] Section 19(b-1) Hearings — Lack of Jurisdiction
- [6.40] Interlocutory Appeals
- [6.41] Sham Job Offer
- [6.42] Petitioner’s Retention of Own Vocational Rehabilitation Counselor
- [6.43] Section 8(j) Credits for Temporary Total Disability
- [6.44] Medical Bills Incurred and Law of the Case Doctrine
- [6.45] Collateral Estoppel
- [6.46] Temporary Transitional Employment
- Chapter 7 — Social Security Disability Offsets of Workers’ Compensation Benefits
- I. [7.1] Introduction
- II. [7.2] Statutory Authority
- III. [7.3] Average Current Earnings (ACE)
- IV. The Offset of Social Security Disability Benefits
- V. Minimizing or Eliminating Social Security Disability Offset
- VI. Trial vs. Settlement Considerations
- VII. [7.12] Third-Party Settlements and Benefits Not Subject to Offset
- VIII. [7.13] Conclusion
- Chapter 8 — Disability Evaluation
- I. [8.1] Scope of Chapter
- II. Amendments to Workers’ Compensation Act
- III. Preliminary Considerations
- [8.5] Finding a Theory for the Case
- [8.6] Importance of Medical Preparation
- [8.7] Objective Conditions or Symptoms
- [8.8] Subjective Conditions or Symptoms
- [8.9] What Is Permanence?
- [8.10] Where To Find the Law
- [8.11] Statutory Requirement of Publication of Commission Decisions
- [8.12] Importance of Published Decisions
- [8.13] Access to Commission Decisions
- [8.14] Description of Commission Decisions
- [8.15] Factors Indicative of Disability
- [8.16] Commission Decisions Are Guidelines
- IV. Types of Permanent Disability
- [8.17] Disfigurement
- [8.18] Permanent Partial Disability; Income Loss/Wage Loss
- [8.19] Establishing Entitlement to Income Loss/Wage Loss
- [8.20] Wage Differential Calculations
- [8.21] Person as a Whole or Whole Person
- [8.22] Cases Involving the Shoulder and Arm
- [8.23] Vertebral, Skull, and Facial Bone Fractures; Removal of Kidney, Spleen, or Lung
- [8.24] What Constitutes Loss of a Lung?
- [8.25] Hernia
- [8.26] Introduction to Specific Loss
- [8.27] Multiple Injuries to Single Member
- [8.28] Hand or Finger and Other Specific Loss Problems
- [8.29] Amputations
- [8.30] Loss of Hearing
- [8.31] Loss of Testicle
- [8.32] Eye Injuries
- [8.33] Foot Injuries
- [8.34] Recovery for Specific Loss and Person as a Whole Due to Single Accident
- [8.35] Credit for Prior Injury
- [8.36] Death of Employee After Accident
- [8.37] Evaluating the Criteria Under §8.1b
- [8.38] Permanent Total Disability
- [8.39] Specific Permanent Total Disability
- Nonspecific Permanent Total Disability
- [8.40] What Is a Nonspecific Total Disability?
- [8.41] Type of Proof Required
- [8.42] Burden of Proof; Odd-Lot Category
- [8.43] Factors Indicative of Total Disability
- [8.44] Subsequent Employment
- [8.45] Value of a Permanent Total Disability Award
- [8.46] Statutory Permanent Total Disability Award with Additional Specific Loss
- [8.47] Checklist for Permanent Total Disability Cases
- [8.48] Duration of Payments; Compensation Rate Adjustment Fund
- [8.49] Second Injury Fund or Special Fund
- Chapter 9 — Fatal Cases
- I. Scope of Chapter
- II. Eligibility
- [9.7] Eligible Family and Dependents
- [9.8] Dependents of Workers Covered by Exclusivity Provisions of Other Statutes
- [9.9] Widows, Widowers, and Certain Children
- [9.10] Surviving Spouse
- [9.11] Children
- [9.12] Parents Totally Dependent
- [9.13] Children and Parents Partially Dependent
- [9.14] Grandparents, Grandchildren, and Collateral Heirs
- [9.15] Determination of Dependency
- [9.16] Total Dependency
- [9.17] Partial Dependency
- [9.18] In Any Manner Dependent
- [9.19] Alien Dependents Residing Abroad
- [9.20] Payment to Beneficiaries
- [9.21] Exclusive Remedy/Nondependent Next of Kin
- [9.22] Benefits Accrued Before Death
- III. Benefits
- [9.23] Computation of Benefits
- [9.24] Automatic Adjustment
- [9.25] Medical and Burial Expenses
- [9.26] Partial Lump Sum
- [9.27] Illegally Employed Minors
- [9.28] Attorneys’ Fees
- [9.29] Credit for Life Insurance
- [9.30] Occupational Diseases
- [9.31] Commission Decisions
- Arising out of and in the Course of Employment/Causal Connection
- [9.32] Cancer
- [9.33] Coal Workers’ Pneumoconiosis
- [9.34] Cerebral Hemorrhage/Stroke
- [9.35] Drug Overdose/Drug Intoxication
- [9.36] Embolism
- [9.37] Fall
- [9.38] Heart
- [9.39] Homicide
- [9.40] Suicide
- [9.41] Toxic Shock Syndrome
- [9.42] Vehicular Accident
- [9.43] Deep Vein Thrombosis
- [9.44] Infectious Disease
- [9.45] Hyperthermia
- [9.46] Lung Disease
- [9.47] Dependents
- [9.48] Statute of Limitations
- Benefits
- [9.49] Applicable Version
- [9.50] Rate Adjustment Fund
- Chapter 10 — Occupational Diseases
- I. [10.1] Scope of Chapter
- II. Elements of an Occupational Diseases Act Claim
- Disease
- [10.2] Definition
- [10.3] Mental Disease
- [10.4] Carpal Tunnel Syndrome
- Exposure
- [10.5] In General
- [10.6] Presumptions for Select Occupations
- [10.7] Presumptions for COVID-19
- [10.8] Notice
- [10.9] Causation
- [10.10] Causation of Disease
- [10.11] Causation of a Condition of Ill-Being
- [10.12] Nature and Extent
- [10.13] Timely Filing and Timely Disablement: Limitations and Repose Provisions
- [10.14] Calculation of Compensation
- [10.15] Hearing Loss
- [10.16] Autopsy Issues in Silica- or Asbestos-Related Deaths
- [10.17] Settlement Concerns
- [10.18] Abatement of Survivor Claims
- Chapter 11 — Third-Party Recovery and Subrogation
- I. Introduction
- II. Third-Party Rights of Action and Rights of Action Against the Employer
- [11.3] The Workers’ Compensation Act as an Exclusive Remedy
- [11.4] Intentional Torts
- [11.5] Noncompensable Claims No Bar to Tort Action
- [11.6] Illegally Employed Minors
- [11.7] Dual-Persona Doctrine (Dual Capacity)
- [11.8] Direct Participant Liability of Parent Corporation
- [11.9] Employer and Agents Excessive Conduct
- [11.10] Knowing Failure To Provide Workers’ Compensation Insurance
- [11.11] Hedging the Bet
- [11.12] Suits Against a Statutory “Employer” — Contractors and Subcontractors
- [11.13] Suits Against “Loaning” and “Borrowing” Employers
- [11.14] Suits Against Former Employers
- [11.15] Retaliatory Discharge
- Claims for Contribution from the Employer and Co-Employees
- [11.16] Tort Defendant’s Right to Contribution from the Employer and Co-Employees
- [11.17] Employer’s Right To Settle Directly with the Employee, in Tort, and Dismiss a Pending Contribution Action
- III. The Employer’s Right to Subrogation and the Compensation Lien
- [11.18] In General
- [11.19] Reduction of the Lien by Law and Lien Waivers
- [11.20] Exceptions to the Lien
- [11.21] Spouse’s Claim for Loss of Consortium
- [11.22] Subsequent Injuries
- [11.23] Uninsured and Underinsured Motorist Claims Involving Company Vehicles
- [11.24] Legal Malpractice Claims
- [11.25] Computing Reimbursement and Attorneys’ Fees
- [11.26] Medicare Set-Aside Trusts and the Workers’ Compensation Lien
- [11.27] Guidelines for Credit and Attorneys’ Fees When Future Payments Are Due
- IV. Practical Considerations
- Chapter 12 — Medicare Secondary Payer Statute
- I. Medicare as a Secondary Payer
- II. [12.5] Identifying Cases Triggering a Duty To Protect Medicare’s Interest
- [12.6] Medicare Has Made Prior Payments (Conditional Payments)
- [12.7] Medicare Advantage Plans
- [12.8] Claimant Is a Medicare Beneficiary
- [12.9] Reasonable Expectation of Medicare Enrollment of 30 Months
- [12.10] Centers for Medicare and Medicaid Services Medicare Set-Aside Review — Settlement Thresholds
- [12.11] Reporting Requirements
- III. Exceptions and Special Situations
- [12.12] Settlement Prior to Centers for Medicare and Medicaid Services Approval
- [12.13] Cases When Workers’ Compensation Medicare Set-Aside Is Not Required Despite Claimant Being a Medicare Beneficiary or Having Reasonable Expectation of Medicare Enrollment Within 30 Months
- [12.14] Disputed Cases
- [12.15] Waiver of Medicare by the Workers’ Compensation Settlement Contract
- [12.16] Up-Front Settlement Instead of Set-Aside Arrangement
- [12.17] Third-Party Claims
- [12.18] Coverage Through Group Health Plans, Managed Care Plans, and the Veterans Administration
- IV. Set-Aside Arrangements
- [12.19] Set-Aside Arrangements To Protect Medicare from Future Medical Payments
- [12.20] Set-Aside Administration
- [12.21] Submission of Settlement to Medicare for Approval
- [12.22] Criteria Used by Centers for Medicare and Medicaid Services To Evaluate Proposed Settlement
- [12.23] Speed of Approval
- [12.24] Appeals
- V. [12.25] Failure To Comply — Enforcement
- VI. [12.26] Medicare Contacts
- VII. [12.27] Conclusion
- Chapter 13 — Trial Preparation — Petitioner’s Viewpoint
- I. Introduction
- II. Conference with Client
- [13.3] Purpose of Conference
- [13.4] Issues To Focus on During the Conference
- [13.5] Employee-Employer Relationship
- [13.6] Accident
- [13.7] Notice
- [13.8] Causal Connection
- [13.9] Average Weekly Wage
- [13.10] Marital Status/Number of Dependents
- [13.11] Unpaid Medical Bills
- [13.12] Temporary Total Disability, Temporary Partial Disability, Maintenance
- [13.13] Credit for Respondent
- [13.14] Nature and Extent
- [13.15] Penalties and Attorneys’ Fees
- III. Medical Investigation
- IV. Medical Evaluation Examination
- V. Wage Investigation
- VI. Final Trial Preparation
- Attorney’s Preparation
- [13.28] Organization of Trial File
- [13.29] Abstracting the File
- [13.30] Preparation of Trial Exhibits
- [13.31] Wage Records
- [13.32] Medical Records
- [13.33] Medical Bills
- [13.34] Medical Reports
- [13.35] Vocational Records
- [13.36] Additional Exhibits
- [13.37] Presentation of the Exhibits
- [13.38] Medical Research
- [13.39] Evaluation of the Claim
- [13.40] Setting a Trial Date
- [13.41] Meeting with Respondent’s Attorney
- [13.42] Proposed Decision
- [13.43] Preparing Client for Trial — The Pretrial Conference
- VII. [13.44] Changes to the Rules Governing Practice Before the Illinois Workers’ Compensation Commission That Impact Trial Preparation
- [13.45] 2016 Amendments to the Rules
- Electronic Filing: 50 Ill.Admin. Code pt. 9015
- [13.46] Overview of Electronic Filing: 50 Ill.Admin. Code §9015.10
- [13.47] Format: 50 Ill.Admin. Code §9015.20
- [13.48] Filing: 50 Ill.Admin. Code §9015.30
- [13.49] Signatures: 50 Ill.Admin. Code §9015.40
- [13.50] Service and Proof of Service: 50 Ill.Admin. Code §9015.50
- [13.51] Errors in Electronic Filings: 50 Ill.Admin. Code §9015.60
- Pre-Arbitration: 50 Ill.Admin. Code pt. 9020
- [13.52] Filing a Claim: 50 Ill.Admin. Code §§9020.10 – 9020.40
- [13.53] Hearing: Place; Change of Venue: 50 Ill.Admin. Code §9020.50
- [13.54] Continuances at Arbitration: 50 Ill.Admin. Code §9020.60
- [13.55] Motion Practice, General: 50 Ill.Admin. Code §9020.70
- [13.56] Petitions for Immediate Hearing: 50 Ill.Admin. Code §9020.80
- Arbitration: 50 Ill.Admin. Code pt. 9030
- [13.57] Setting a Case for Trial: 50 Ill.Admin. Code §9030.20
- [13.58] Request for Hearing: 50 Ill.Admin. Code §9030.40
- [13.59] Subpoena Practice: 50 Ill.Admin. Code §9030.50
- [13.60] Depositions: 50 Ill.Admin. Code §9030.60
- [13.61] Rules of Evidence: 50 Ill.Admin. Code §9030.70
- [13.62] Briefs, Arbitrators’ Decisions: 50 Ill.Admin. Code §9030.80
- Miscellaneous: 50 Ill.Admin. Code pt. 9110
- [13.63] Vocational Rehabilitation: 50 Ill.Admin. Code §9110.10
- [13.64] Explanation of Basis of Nonpayment: 50 Ill.Admin. Code §9110.70
- [13.65] Medical Fee Schedule
- [13.66] Conclusion
- Chapter 14 — Trial Preparation — Respondent’s Viewpoint
- I. [14.1] Introduction
- II. [14.2] Procedures Before the Commission
- III. [14.3] Construction of the Workers’ Compensation Act and Burden of Proof
- IV. [14.4] Discovery and Pretrial Preparation
- [14.5] Occurrence and Fact Witnesses and Employer’s Representative
- [14.6] Medical Records and Testimony
- [14.7] Treating Records
- [14.8] Other Medical Records
- [14.9] Medical Witnesses
- [14.10] Utilization Review Experts
- [14.11] Impairment Rating
- [14.12] Other Experts
- [14.13] Employment Records
- [14.14] Fee Schedule
- [14.15] Medicare Second Payer Statute
- V. [14.16] Rules of Evidence
- VI. [14.17] Stipulation Sheet
- [14.18] Operating Under the Workers’ Compensation Act; Employer-Employee Relationship
- [14.19] Accident
- [14.20] Notice
- [14.21] Causal Connection
- [14.22] Earnings; Average Weekly Wage
- [14.23] Dependents
- [14.24] Medical Expenses; §8(j) Credit for Group Medical Benefits
- [14.25] Temporary Total Disability, Temporary Partial Disability, and Maintenance Benefits
- [14.26] Compensation Paid; §8(j) Credit
- [14.27] Nature and Extent of the Injury
- [14.28] Penalties
- [14.29] Former Petition for Attorneys’ Fees
- [14.30] Other Issues
- [14.31] Stenographic Stipulation
- [14.32] Written Decision
- VII. [14.33] Conclusion
- Chapter 15 — Workers’ Compensation Retaliatory Discharge
- I. Introduction
- II. The History of Retaliatory Discharge in Workers’ Compensation Law and Its Development
- III. [15.7] The Requirements for Establishing a Retaliatory Discharge for the Exercise of Rights Under the Workers’ Compensation Act
- [15.8] The Element of Employment
- [15.9] The Element of Exercising a Right Granted by the Act
- [15.10] The Element of Discharge and Causal Connection
- [15.11] Analysis of Discharge
- [15.12] The Distinctions Between Discharge and Failure To Rehire or Recall
- [15.13] The Causal Connection Requirement
- [15.14] Nondiscriminatory Reasons for Discharge
- IV. Litigation Issues
- [15.15] The Burden of Proof
- [15.16] The Defendant
- [15.17] Pleading the Cause of Action
- [15.18] Answer and Affirmative Defenses
- [15.19] Involuntary Dismissal and Summary Judgment
- [15.20] Motions for a Directed Verdict, Judgment N.O.V., and a New Trial
- [15.21] Damages
- [15.22] Jury Instructions
- [15.23] Statutes of Limitations
- [15.24] Jurisdiction
- [15.25] Res Judicata and Judicial Estoppel
- [15.26] Federal Preemption
- [15.27] Choice of Forum
- V. [15.28] The Interrelationship with Federal Laws and Other Common-Law Causes of Action
- VI. [15.32] Limiting the Liability
- VII. [15.39] Insurance Coverage
- Joseph P. Basile
Joseph P. Basile
Joseph P. Basile, Chicago, concentrates his practice in workers’ compensation and civil litigation. He is a chair-qualified arbitrator for the Circuit Court of Cook County Mandatory Arbitration Program, has been a faculty member at annual IICLE® workers’ compensation seminars, and is the author of the monthly workers’ compensation column for IICLE®’s FLASHPOINTS. He is a member of the Chicago and Illinois State Bar Associations. Mr. Basile received his B.S. from St. Louis University and his J.D. with distinction from the University of Illinois Chicago School of Law, where he was a member of The John Marshall Law Review.
- Marcy E. Bennett
Marcy E. Bennett
Marcy E. Bennett is an income member of Downey & Lenkov LLC in Chicago, where she focuses her practice on workers’ compensation. She is a member of the Chicago Bar Association’s Workers’ Compensation Committee and the Workers’ Compensation Lawyers Association and has been recognized as an Emerging Lawyer by Leading Lawyers. Ms. Bennett received her B.S. and B.A. from Aquinas College and her J.D. from the University of Illinois Chicago School of Law.
- John P. Bergin
John P. Bergin
John P. Bergin is the founder of Bergin Law, P.C., in Chicago, concentrating his practice in workers’ compensation and civil litigation. Mr. Bergin received his B.A. and his J.D. from Loyola University Chicago.
- James R. Clune
James R. Clune
James R. Clune is a Shareholder of Garofalo, Schreiber, Storm & Grant, Chartered, in Chicago, where he concentrates in workers’ compensation trials and appeals. He was a member of the Board of Directors of the Workers’ Compensation Lawyers’ Association (1989 – 1991). He is a member of the Illinois State and Florida Bar Associations and is a member of the Trial Bar of the U.S. District for the Northern District of Illinois. Mr. Clune received his B.A. from the University of Notre Dame and his J.D. from the Stetson University College of Law.
- Ryan A. Dezonno
Ryan A. Dezonno
Ryan A. Dezonno is an associate at Downey & Lenkov LLC in Chicago, where he focuses his practice on workers’ compensation. He is a member of the Workers’ Compensation Lawyers Association, Ltd. Mr. Dezonno received his B.A. from the University of Illinois at Urbana-Champaign and his J.D. from Northern Illinois University College of Law.
- Michael F. Doerries
Michael F. Doerries
Michael F. Doerries is a Shareholder of Wiedner & McAuliffe in Chicago, where he concentrates his practice in workers’ compensation law. He is a member of the Illinois State Bar Association and the Workers’ Compensation Lawyers Association. Mr. Doerries received his B.S. from the University of Illinois and his J.D. from the Chicago-Kent College of Law.
- Jason R. Esmond
Jason R. Esmond
Jason R. Esmond is a Partner at Black & Jones Attorneys at Law in Rockford, where he focuses his practice on workers’ compensation and social security disability. He is a member of the Illinois State Bar Association and the Workers’ Compensation Lawyers Association, Ltd. Mr. Esmond received his B.S. from the University of Illinois and his J.D. from Cleveland State University College of Law.
- Steven F. Hanagan
Steven F. Hanagan
Steven F. Hanagan is a Shareholder at Hanagan & McGovern PC in Mount Vernon, where he concentrates his practice in workers’ compensation and personal injury. He is a Past President of the Jefferson County Bar Association, a past member of the Executive Committee of the Southern Illinois American Inn of Court, and a member of the Illinois Trial Lawyers Association. Mr. Hanagan received his B.S. from Southern Illinois University and his J.D. cum laude from St. Louis University School of Law, where he received the American Jurisprudence Award for Excellence in the Study of Legal Ethics.
- Richard K. Johnson
Richard K. Johnson
Richard K. Johnson is a Partner at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca in Chicago, where he concentrates his practice in workers’ compensation. He is a member of the Illinois Trial Lawyers Association, the College of Workers’ Compensation Lawyers, and the Workers’ Compensation Lawyers Association. Mr. Johnson received his B.S. from Northwestern University and his J.D. from DePaul University College of Law.
- Brandy L. Johnson
Brandy L. Johnson
Brandy L. Johnson is a Senior Partner at Early & Miranda, P.C., in Carbondale, where she focuses her practice on workers’ compensation. She is a member of the Jackson County, Illinois State, and Missouri Bar Associations and an adjunct professor of workers’ compensation law at the Southern Illinois University School of Law. She has been recognized as an Emerging Lawyer (2015 and 2016) and a Leading Lawyer (2017 – 2019) by Leading Lawyers and received an AV Preeminent rating and a Silver Client Champion rating from Martindale-Hubbell. Ms. Johnson received her B.A. in political science from Southern Illinois University Carbondale and her J.D. magna cum laude from the Southern Illinois University School of Law.
- Tracy L. Jones
Tracy L. Jones
Tracy L. Jones is a Partner at Black & Jones Attorneys at Law in Rockford, where she concentrates in workers’ compensation, social security disability, and veterans’ disability compensation. She is a board member of the Workers’ Compensation Lawyers Association and a member of the Illinois State Bar Association and the National Organization of Veterans Advocates. Ms. Jones received her B.A. from Northern Illinois University and her J.D. from University of Illinois Chicago School of Law.
- Kylee J. Jordan
Kylee J. Jordan
Kylee J. Jordan is an attorney at ASA Law Group in Marion, where she focuses on workers’ compensation. She is a member of the Illinois State Bar Association. She is a recipient of the Southern Illinois University School of Law Pro Bono Award and was nominated for the Illinois State Bar Association Law Student Division Public Service Award. Ms. Jordan received her B.A. from St. Ambrose University and her J.D. from the Southern Illinois University School of Law.
- Ann-Louise Kleper
Ann-Louise Kleper
Ann-Louise Kleper is an attorney at Dworkin & Maciariello in Chicago, where she concentrates her practice in workers’ compensation claims. She is a member of the Chicago and Illinois State Bar Associations and the Workers’ Compensation Lawyers Association. Ms. Kleper received her B.A. magna cum laude from Brandeis University and her J.D. cum laude from Boston University School of Law.
- Paul A. Krauter
Paul A. Krauter
Paul A. Krauter is a Member of Evans & Dixon, LLC, in Chicago, where he concentrates in workers’ compensation. He is a member of the Illinois Workers’ Compensation Lawyers Association. Mr. Krauter attended Purdue University and received his B.A. from the University of Illinois and his J.D. from University of Illinois Chicago School of Law.
- Kristin E. Lechowicz
Kristin E. Lechowicz
Kristin E. Lechowicz is a Partner at Kelley Kronenberg in Chicago, where she focuses her practice on workers’ compensation and general liability. She is a member of the Workers’ Compensation Lawyers Association and was recognized as a Rising Star (2020 – 2023) by Super Lawyers). Ms. Lechowicz received her B.A. in psychology from Baylor University and her J.D. from Baylor University School of Law.
- Brian A. Rosenblatt
Brian A. Rosenblatt
Brian A. Rosenblatt is a Partner as Downey & Lenkov LLC in Chicago, where he concentrates his practice in entertainment law, media and intellectual property law, general liability and workers’ compensation litigation, and corporate law. He is General Counsel for the Sports & Entertainment Risk Management Alliance, has been a member of The Recording Academy since 1995, and is a Governing Committee member of the American Bar Association’s forum on Entertainment & Sports Industries and Editor-in-Chief of its quarterly law journal. Mr. Rosenblatt received his B.A. from Washington University and his J.D. from the Chicago-Kent College of Law.
- Emily J. Schlecte
Emily J. Schlecte
Emily J. Schlecte is a Partner at Downey & Lenkov LLC in Chicago, where she focuses her practice on workers’ compensation. She is a member of the National Retail & Restaurant Defense Association and the Workers’ Compensation Lawyers Association and was recognized as an Illinois Rising Star (2021 – 2023) by Super Lawyers. Ms. Schlecte received her B.A. from Purdue University and her J.D. from the University of Illinois Chicago School of Law.
- Taylar R. Young
Taylar R. Young
Taylar R. Young is an associate at Downey & Lenkov LLC in Chicago, where she focuses her practice on workers’ compensation. She is a member of the Veterans Legal Clinic, the Illinois State Bar Association, and the Constitutional Society. Ms. Young received her B.A. from the University of Michigan and her J.D. from the University of Illinois Chicago School of Law.
Workers' Compensation Practice 2023 Edition
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