Illinois Workers Compensation Lawyer Blog

According to Peabody Energy employees, a mine worker killed in an accident involving a shuttle car at it's mine southern Illinois.

Peabody, which runs the mine at Willow Lake, closed down oerpations the troubled mine, until they can find out how the accident happened and state and federal officials have been notified of the details.

The Willow Lake mine has been under the scanner of the The federal Mine Safety and Health Administration (MSHA) has had the Willow Lake mine in its sight following several citations from the MSHA. According to Peabody, they have been aggressive in taking steps to improve the conditions at the mine.

The death of the worker at the Willow Lake mine comes days after competing Massey Energy Co (MEE.N: Quote), was being investigated for a deadly mine blast in April. A coal processing facility which was being built, was damaged by fire.

The Willow Lake mine, employs around 400 workers and has sold nearly 4 million tons of coal to Midwest utility customers in 2008, according to the website of Peabody, which sold 255 million tons of coal that year.

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The Illinois Workers' Compensation Commission affirmed the aribtrator's decision awarding permanent disability benefits under Section 8(d)2 to a coal miner who worked underground for 20 years.

Name: Biggs v. Monterey Coal Co., 17 ILWCLB 217 (Ill.W.C.Comm.2009)

Biggs worked for the defendant for more than 20 years underground as a repairman. He was regularly exposed to coal and rock dust during his mining career. On December 4, 2002, his last day of mining, he left his job due to a nonwork-related shoulder injury. He testified that his breathing problems began in the 1980's. He would become short of breath and spit up black material while coughing. In addtion to his expsoure to rock and coal dust, Biggs testifed that he was exposed to welding gases, solvents and smoke from fires. He also had a history of smoking one pack of cigarettes per day since he was 18 years old. He quit smoking the 1980s.

Continue reading "Illinois coal miner's lung conditions warrant benefits under WCA" »

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A Federal court recently approved a ADA payout by Sears in the amount of $6.2 millions. The EEOC filed a lawsuit aganst Sears alleging that the Sears' policy of terminating employees instead of providing them with a reasonable accommodation for their disabilities was in violation of the Americans With Disabilities Act.

The case was filed by the Equal Employment Opportunity Commission on behalf of John Bava, a Sears service tech. Bava was injured when he fell down a flight of stairs while at a customer's home. Bava's took leave according to Sears' rules and while he was still disabled by his injuries, attempte, on several occasions, to return to work. Sears would not accommodate his physical restrictions.

Instead, after Bava exhausted his leave time, Sears terminated him.

Continue reading "Federal court approves a $6.2 million settlement against sears" »

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A majority of the Illinois Workers' Compensation Commission held that a law enforcement officer failed to prove that his vehicular accident, which occurred while he was on duty and in a patrol car, arose out of and in the course of his employment. He was engaged in a personal deviation at the time of the accident, and the accident arose out of his own misconduct.

Case name: Johnson v. Will County Sheriff, 17 ILWCLB 131 (Ill.W.C.Comm.2009).

Johnson, a deputy sheriff, was injured in a motor vehicle accident while on duty and responding to a dispatcher's call to assist another deputy, who had arrested an intoxicated driver. Before the accident, Johnson left his assigned patrol area, without permission to pick up his personal mail from a post office. Upon receiving the the dispatch call, he informed the other deputy that he would arrive in three to five minutes. However, Johnson was actually 10 to 15 minutes from the deputy's location. The accident occurred outside the county and prior to reentering his patrol area. While on duty, deputy sheriff's are prohibited from leaving their assigned patrol area without first securing permission from a supervisor. The arbitrator awarded benefits. However, the Illinois Workers' Commission reversed, reasoning that Johnson was engaged in a personal deviation at the time of the accident. Also, the accident arose out of Johnson's own misconduct. Therefore, Johnson failed to prove he sustained an accident arising out of and in the course of his employment.

Continue reading "Illinois deputy's personal errand nixes benefit award for vehicular accident" »

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The Illinois Workers' Compensation Commission awarded benefits to a worker who suffered burns to 10 percent of his body in a work accident and susequently developed a staph infection.

Case name: Krems v. Ethyl Petroleum Addititives, 17 ILWCLB 84 (Ill.W.C.Comm.2009).

Krems, a general mechanic, sustained burns to his abdomen and both arms in a work accident. He was diagnosed with first- and second - degree burns to 10 percent of his body. Evidence indicated that Krems was a diabetic. He underwent two surgeries to clean the wounds and for skin grafts. More than six months after the accident, Krems returned to his doctor with a staph infection in the left elbow. He was hospitalized and treated with antibiotics. At issue was whether Krems' staph infection was causally connected to his work accident. The employer's examing doctor testified that Krems was suffering from septic olecranon bursitis and opined there was no relationship between the development of the condition and Krems' work accident. However, the doctor admitted that Krems diabetic condition made him more susceptible to the development of a staph infection after his work injuries. Based upon the testimony of Krems and the testifying doctors, along with the medical records, the arbitrator found Krems' work accident "might have been or could have been" a cause or one of the causes of the staph infection. Upon review, the Illinois Workers' Compensation Commission affirmed and adopted the arbitrator's decision.

Continue reading "Illniois Mechanic secures benefits for staph infection after more than 6 months." »

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On Nov. 13, 1909, 259 Cherry mine coal workers were killed in what is know as America's second worst mining disaster. Some of them as young as 10 years old.

Most of the coal workers were from Europe and were new to America living in small towns along the Illinois River.

A dripping kerosene torch ignited hay that was left beneath it. The fire that resulted killed the the miners consuming their bodies and the bodies of mules that worked along side them men in the mines.

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Continue reading "Illinois Mine disaster still hits home after 100 years" »

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Dr. Michael Vender, a hand surgeon located in Arlington Heights, Illinois has filed a lawsuit against attorney Casey Woodruff and the law firm of Woodruff and Johson, for comments Woodruff made in a letter to Edward Minnich & Associates.

Woodruff wrote the letter criticizing Edward Minnich & Associates saying that "I have never seen anyone in your line of work produce a report so far afield of the scope of their expertise or assignment. How sad that you have chosen to become his bedfellow. Shame on you."

Woodruff described Vender as the "most widely purchased hand surgery opinion in the history of Illinois."

The complaint filed by attorney Theador C. Jennings of Cogan & NcNabola of Chicago, goes on to say that Vender has over 20 years experience in hand surgery and "has participated from time to time as a consultant in medical/legal matters."

The complaint goes on to state that the letter written by Woodruff "severely prejudices Dr.Vender and imputes a lack of integrity in his professional, medical and business activities. Woodruff "knowlingly interfered with Dr. Vender's economic relationships with existing and prospective clients to whom he has provided medical legal services and medical treatment, and reasonably expected to provide medical legal services and treatment in the future."

"The defendants acted with malice in interfering with these customer relationsihps and lack any legally cognizable justification for this interference."

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Certified Painting Company in Alsip Illinois was fined $225,00 resulting from 17 citations by OSHA.

OSHA cited Certified painting for 8 willful and 9 serious violations involving workplace safety.

According to OSHA, Certified Painting was cited for allegedly failing to provide adequate carbon monoxide monitors, to provide and make sure that their workers were wearing protective clothing, to provide hygiene facilities and to ensure their employees were following the proper hygiene procedures after being exposed to lead and other hazardous materials. They also failed to provide US Coast guard life jackets and have available a lifesaving skiff where their employees were working over or near water.

They were cited for not providing fall protection equipment on scaffolding and for not maintaining a safety and health program. They failed to conduct regular inpsections of their job sites by a qualified person and failed to properly train their employees being exposed to hazardous materials.

Certified Painting Company performs industrial construction throughout the State of Illinois

The company has 15 days to contest the citations.

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Legislation has been filed to change existing workers' compensation law to provide that an employee's injury is compensable only when a work accident is the "prevailing factor" in causing the injury and any disability resulting from the accident. Illinos Rep. David Reis, R-St. Marie, filed the legislation which he had done in previous legislative sessions, but without sucsess.

According Reis, workers' compensation insurance rates are too high. He believes that changing the requirement for compensability of an injury would have an affect on the cost of workers' compensation rates.

Jason Keller, the legislative director for the AFL-CIO believes that the legislation will not proceed in this session. "This did not go through an agreed-bill process," Keller told said. "I suspect it will not go anywhere." The agreed bill process involves both business and labor interests to sit down and agree on issues that affect workers' compensation.

Under HB 58, an "injury" would be defined as "an injury that has arisen out of and in the course of employment. An an injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disabilty."

The definition of "prevailing factor" is "the primary factor, in relation to any other factor, causing both the resulting medical condition and disability," according to HB 58.

The bill provides that an injury resulting "directly or indirectly from idiopathic (ie., obscure or unknown) causes is not compensable."

Reis said high workers' compensation costs are causing businesses to leave Illinois. Illinois premiums are 2 to 3 times higher than for similar businesses in neighboring states.

Jay Dee Shattuck, head of the Illinois Chamber Employment Law Council, says that Illinois employers would continue to challenge the current workers' compensation system including high rates.

According to Shattuck, the most problematic area of the system is in determining the compensability of a claim.

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A measure to assure privacy protections for genetic testing and to prohibit employers from discriminating against workers based on the results of genetic testing, takes affect Jan 1, 2009.

Senator Terry Link, D-Lake Bluff and Rep. Kathleen Ryg, D-Vernon Hills, sponsored SB 2399. The bill also requires consistency with federal law in the use of genetic testing by employers, employment agencies and labor organizations.

"Genetic testing and genetic information derived thereof shall be admissible as evidence and discoverable, subject to a protective order, in any actions alleging a a violation of this act, seeking to enforce Section 30 of this act through the Illinois Insurance Code, alleging discriminatory genetic testing or use of genetic information under the Illinois Human Rights Act or the Illinois Civil Rights Act of 2003, or requesting a workers' compensation claim under the Illinois Workers' Compensation Act."

A number of jurisdictions have taken action to restrict or stop genetic testing in the workplace. The use of such testing in employment and workers' compensation has created quite a controversial issue in recent years.

The Equal Employment Opportunity Commission settled a case involving genetic testing, with the Burlington Northern Santa Fe Railway for $2.2 million.

Burlington, together with medical exams, conducted undisclosed genetic testing, after the number of carpal tunnel syndrome claims filed by their employees increased.

According to Burlington, they had instituted the testing to comply with Occupational Safety and Health Administration workplace rules.

Employers may find the decision to conduct genetic testing increasingly difficult. The technology available to employers to determine an employee's predisposition to disease could help avoid OSHA violations as well as lawsuits alleging negligence in the employer providing a safer workplace.

However, employers who use genetic testing run the risk of violating workers rights under several state and federal statutes. Laws do allow pre-employment testing to determine if an applicant can perform a particular job or to determine if the application could be harmed by the job. However, excluding an applicant who may be "genetically sensitive" to a disease or injury could be considered discriminatory and a violation of the Americans with Disabilities Act and Title VII of the Civil Rights Act.

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In it’s second year, The Illinois Workers’ Compensation Fraud Unit (WCFU) reported that the number of cases it investigated and referred to prosecutors doubled. According to the Illinois Division of Insurance, there was an increase of 168% over 2006- and referred 58 cases for prosecution, an increase of 346%. In 2007, the unit opened 102 investigations.

In 2007 the total fraud dollar amount increased by 949% in 2007 to $6,486,771. In 2006, the approximate total fraud dollar was $618,391. Employer based fraud increased from one to seven and with total fraud amounts increase to $4,333.405 up from $24,000.00

According to Jim Jordan, a spokesman for the Illinois Division of Insurance, the WCFU is required to present their findings to the Workers’ Compensation Advisory Board on Tuesday and to answer any questions the Board may have about the report.

To read the full article click here

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