Illinois Workers Compensation Lawyer Blog

Illinois Workers' Compensation reform has been a frequent headline in newspapers throughout the state. The Governor, under pressure by the powerful Illinois Manufacturer's Association and Caterpillar, is pushing the Illinois legislation to enact workers' compensation reform that he believes would be good for "both workers and employers and for the state of Illinois."

We believe otherwise.

Let's take a look at some of the proposed reforms:

Capping carpal tunnel disability payments to 20 weeks- While the average re-cuperating time for carpal tunnel syndrome surgery is 16 weeks, every person who suffers from carpal tunnel syndrome is different. It may take less time, it may take longer.

Most workers who suffer from carpal tunnel syndrome are assemblyline workers or clerical workers who may be making the minimum wage or slightly more. A worker making $10 who has undergone carpal tunnel syndrome surgery would receive a settlment of approximately $7380.00 per hand. Much less than the "$40,000 dollar settlement," that some defense attorneys want you to believe.

Additionally, claims for carpal tunnel syndrome could be drastically reduced if workers are allowed to take more frequent breaks. Most carpal tunnel claims caused by keyboarding can be drastically reduced or eliminated by providing the employee with wrists rests and ergonomically correct keyboards.

Denying benefits to intoxicated workers- Present case law already provides for the denial of benefits to intoxicated workers if their intoxication caused the the injury.

Reducing benefits to pre-2005 levels- Most workers do not want to be dependent on insurance companies to support their families. Reducing the benefits a worker receives while they are off recuperating from an injury, will only add to the financial burden most injured workers and their families face. Right now an injured worker receives 66-6% of his gross. However this amount does not include any overtime or bonus pay he may have earned.

If an employee was paying for health insurance, he or she would still responsible for their premium payments while off work on TTD benefits. Their insurance premiums don't go down. Their cost of living doesn't go down. Their mortgage payments and their car payments don't go down. How does an injured worker support his or her family on TTD payments based on wages they were earning 6 years ago? By reducing these levels to 2005, the injured worker will end up in a financial hole that they may never be able to climb out of.

A reduction of 30% of the fee schedule payments to doctors- This is the round-about way employers have devised to control the medical treatment an injured worker receives. Doctors will be unwilling to treat anyone injured on the job with such a large reduction in the fee schedule.

Enhanced authority to prosecute fraud- Fraud should be investigated. But if you're going to investigate fraud, make sure you're looking at both sides of the fence.

Capping wage differentials at the age of 67 or 5 years post accident-This is great if every injured can find a job earning the same amount of money they were making at the time of their injury. But it just isn't the case.

Let's say you have an union sheet metal worker who was making $35 an hour at the time of his accident. What happens if his injury prevents him from going back to work as a sheet metal worker and after months of job searches can find a job earning only $13 an hour? He has a $22 an hour difference in earnings? How do you make that kind of financial adjustment and still keep your head above water. After 5 years the Governor wants to pull in your life raft.

So after we him off, then what happens. He is forced to turn to social programs to help support his family. How does this help Illinois?

The insurance industry has been eerily quiet on the issue of reform. That is because they have the most to gain. The reforms proposed, if enacted, only limits the benefits an injured worker receives. This in turn, means more money in the pockets of the insurance industry.

The Governor states that the reforms will ultimately lead to savings in the millions of dollars for Illinois employers by the way of reduced premiums. When has the insurance industry ever reduced their premiums? There is a reason they make so much money in Illinois. And it's not because they are refunding premiums.

Case name: Cooper v. Borg Warner Automotive Inc., 19 IlWCLB 31 (Ill.W.C.Comm. 2010).

Ruling: The Illinois Workers' Compensation Commission affirmed the arbitrattor's finding that the claimant's siter established that she was at least 50% dependent on the claimant's earnings. However, the Commission modified the decision to find the work accident left the now-deceased claimant with some permanent disability. Based on the sister's dependency determination, she was entitled to 50% percent of the awarded permanency benefits.

What it means: Where it is reasonable to infer from the evidence that the work accident left the claimant with some permanent partial disability prior to her non-work related death, the claimant's dependent is entitled to the permanency award based on her percentage of dependency on the claimant.

Continue reading " Sister of deceased claimant secures Illinois Workers' Compensation benefits based on dependency " »

Ruling: The Illinois Workers' Compensation Commission modified the decision of the arbitrator by cacating the award for loss of use of the inde, middle, and right fingers, and awarding benefits under SEction 8(e)9 of the Workers' Compensatin Act for loss of use of the left hand to the extent of 80%.

Case name: Purcell v. Dykema Builders Inc. d/b/a Woodland Builders, 19ILWCLB 29 (Ill/W.C.Comm.2010)

What it means: The Illinois Workers' Compensation Commission does not usually award simultaneous compensation for loss of uf use of amputated fingers and loss of use of the otherwise uninjured hand. In this case, where the claimant severed three fingers and has a long work life expectancy, he is entitled to benefits for loss of use of the left hand and not for loss of use of the fingers.

Continue reading " Illinois construction worker's severed fingers warrant loss of use of award for hand under Section 8(e)9 " »

Since Governor Quinn took over as CEO of Illinois, reforming Illinois Workers' Compensation has been a priority. He believes that reform is necessary to maintain a system that treats injured workers falrly, but will also improve the business climate in the State of Illinois.

Illinois' medical fee schedule is ranked the 2nd highest in the country. With a 30 percent decrease in the schedule, Illinois would still rank 2nd, but it is believed that employers could save up to $500 million- or as much as 14.9 percent in premiums.

Some of the proposed reforms include:

Capping temporary total disability payments (alleged savings $19 millions) for carpal tunnel syndrome;

Returning compensation for temporary total incapacity partial disability to pre 2005 levels;

Denying benefits to workers who were inebriated at the time of their injury

Putting a cap on wage differential awards at the age of 67 or 5 years post accident. (Alleged savings $87 million)

Increasing medical utilization reviews for physical therapy, occupational theray and chiropractic care (Alleged savings $16 million)

Continue reading " Illinois Workers' Compensation Reform " »

Legislation was approved by an Illinois Senate Committee that prohibits workers' compensation benefits to workers who sustained on-the-job injuries during the course of a crime that results in and injury or death to another individual.

Kimberly Schlau whose daughters were killed after being struck by a speeding squad car, testified before the Senate Comitte supporting Senate bill 1147 by Sen. William Haine, a Democrat from alton, Illinois. The legislation could deny benefits in such cases.

According to accounts, State Trooper Matt Mitchell, was driving his car in excess of 120 miles per hour. He was also sending and receiving messages on his dash mounted computer, driving on the shoulder of I-64 and talking with his girlfriend on his cell phone while in heavy traffic.

Mitchell injured his leg in the accident. He filed for workers' compensation benefits, but was denied by Illinois Workers' Compensation Commission arbitrator, Jennifer Teague. An appeal was filed by Mitchell's attorney asking for a review from a three member panel of the Commission.

Continue reading " Illinois panel clears bill to deny comp for injuries during crimes " »

According to the Chicago Sun-Times, an investigation was launched by the Feds in a criminal probe of workers' compensation claims filed by more than 200 prison guards at Illinois Menard Correctional Center in additon to three Illinois Workers' Compensation Commission arbitrators.

The Chicago Sun-Times reported that supboenas were issued by the U.S. Attorney's Office in February. The subpoenas are looking for workers' compensation records for claims filed since the beginning of 2006 by "scores of government employees." The Department of Corrections, the Illinois Workers' Compensation Commission, the Department of Central Management Services and the Department of Insurance all received the supboenas.

The Belleville News-Democrat reported that Govenor Quinn intends on introducing workers' comp reform legislation. Quinn praised the feds duirng a press conference at Southwestern Illinois college.

"We need to get to the bottom of everything and I'm very happy that this is happening," Quinn said.

According to the News-Democrat report, since 2008, 389 prison employees including the warden, received over $10,000,000 in workers compensation benefits. Over 200 prison guards file claims for repetitive stress injuries purportedly caused by the locking and unlocking of cell doors in the prison.

Two Illinois Workers' Compensation arbitrators were the subject of a supboena issued by the Feds on Feb 14. The subpoena sought emails, personnel records and reimburse documents
for Arbitrator John Dibble and Jennifer Teague. The subpoena was looking for records as far back as 2006. The Illinois Workers' Compensation place both the arbitrators on administrative leave. The Sun-Times reported that arbitrators earn $115,836 a year. The arbitrators were place on leave on Feb. 15

The personnel records for Arbitrator Andrew Nalefsi were also requested by the feds. He remains on the job.