5th Annual Workers' Compensation Institute

Recorded: March 1, 2018

 Moderator: David M. Barish, Katz Friedman Eagle Eisenstein Johnson & Bareck, Chicago

*Petitioner's/Plaintiff's perspective
**Respondent's/Defense perspective

Opening remarks: Honorable Joann M. Fratianni, Chair, Illinois Workers’ Compensation Commission, Chicago

Case Law Update
This session provides a review of important recent Illinois Appellate Court cases that significantly impact the practice. 
Arnold G. Rubin, Rubin Law Group, Ltd., Chicago

E-filing and Unintended Consequences
(0.5 Professional Responsibility)
The rules of workers’ compensation practice were amended to include e-filing. The speakers focus on e-filing as it relates to the delivery of decisions to the parties and also discuss when e-filing will take effect at the Commission for matters other than receipt of decisions.
Commissioner Michael Brennan, Illinois Workers’ Compensation Commission, Chicago
Catherine Krenz Doan, Rubin Law Group, Ltd., Chicago*
Daniel R. Simones, Nyhan, Bambrick Kinzie & Lowry, Chicago**                                                   

Rebuttable Presumptions in Workers’ Compensation Practice
This session focuses on areas in the Workers’ Compensation Act where the concept of Rebuttable Presumption is applied; what does Rebuttable Presumption mean in cases involving heart attacks, utilization review or intoxication? The Simpson and Johnston cases are employed to launch the discussion.
Justice William E. Holdridge, Third District Appellate Court of Illinois, Ottawa
Jack Cannon, Healy Scanlon Law Firm, Chicago*
Brian Koch, Wiedner & McAuliffe, Chicago**   

Special Considerations in Settlements
(0.5 Professional Responsibility)
This session focuses on drafting settlement contracts where disability pension, social security, child support, and other liens are involved.
Frank J. Bertuca, Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, Chicago*
Jennifer Danish, Bryant Legal Group, P.C., Chicago*
Elaine Newquist, Ganan & Shapiro, P.C., Chicago**

Third-Party Subrogation – Mediation of a Workers’ Compensation Claim and Third Party Case 
(0.5 Professional Responsibility)
This session addresses very specific issues involving the Section 5 lien rights of the employer in connection with a pending third party case. How are these issues addressed in a global mediation?
Hon. F. Keith Brown (Ret.), ADR Systems, Chicago
James J. Nawrocki, Goldberg Weisman Cairo, Chicago*
David Wise, Burke, Wise, Morrissey & Kaveney, Chicago*
James Clune, Garofalo, Schreiber & Storm, Chtd., Chicago**                          
Bradford S. Purcell, Purcell & Wardrope Chtd., Chicago**

Vocational Rehabilitation and its Impact on Permanent Total Disability Claims and Wage Loss Claims
The speakers focus on the importance of testimony relating to vocational rehabilitation as it is employed by both Petitioners and Respondents in wage differential claims and Permanent Total Disability claims, focusing on odd-lot claims.                             
Arbitrator Stephen Friedman, Illinois Workers’ Compensation Commission
Philip Bareck, Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck, Chicago*
Joseph Basile, Attorney at Law, Chicago**
Steven Blumenthal, Blumenthal & Associates, LLC, Westchester

Ethical Considerations for Workers’ Compensation Attorneys
(0.75 Professional Responsibility)
Myriad ethical dilemmas facing workers’ comp attorneys, including documentary evidence, ex-parte communications, interference with attorney/client relationship, Petrillo issues, fee disputes, receipt of decisions, communication with Arbitrators, filing of proposed decision, requested extensions, and no-shows are discussed.
Francis J. Lynch, Wolter, Beeman, Lynch & Londrigan, Springfield*
Dennis O’Brien, Livingstone, Mueller, O’Brien & Davlin, P.C., Springfield**