An important piece of legislation was recently introduced in Congress that, if passed, will change the way that Medicare secondary payer rules for certain claims, including workers’ compensation, are applied. The legislation is called the “Strengthening Medicare And Repaying Taxpayers Act of 2011 (a/k/a HR 1063 or the SMART Act) and was sponsored by Congressmen […]

As the economy limps along, everyone is looking for someone, or something, to blame. Increasingly, workers’ compensation programs have been targeted, with opponents portraying them as an unnecessary expense that undermines local businesses’ attempts to survive in this challenging economic climate. Critics of the workers’ compensation system offer what appear to be, at first glance, […]

It’s safe to say that being a professional football player in the National Football League isn’t exactly an injury-free way to make a living. And, a serious injury can quickly put an end to what was once a very profitable career. It’s understandable then, that being justly compensated for on-the-job injuries is an issue of […]

The Appellate Court of Illinois, First District recently addressed the issue of whether Workers’ Compensation benefits can include hours worked in excess of a traditional work week. In other words, can benefits include compensation for overtime pay? In Tower Automotive v. Illinois Workers’ Compensation Commission, 2011 WL 341234, the claimant alleged that during the course […]

The Illinois Workers’ Compensation Reform Bill was due to be voted on last week, but fortunately, the call to vote didn’t occur before the new legislature was sworn in.That means the bill will be tabled for now, which is good news for injured Illinois workers. The bill was slanted heavily in favor of employers, rather […]

Help at Home v. The Illinois Workers’ Compensation Commission, No. 4-09-0977 WC, is a case in which the appellant challenged the Circuit Court of Morgan County’s decision in regard to the Illinois Workers’ Compensation Commission’s (the Commission) determination in this case. The workers’ compensation claimant alleged that she was injured while employed by Help at […]

The Appellate Court of Illinois, First District, recently addressed the issue of the proper scope of a subpeona duces tecum issued by the Workers’ Compensation Commission. In Holtkamp Trucking Company v. Fletcher, M.D., one of the issues before the court was was whether the Illinois Workers’ Compensation had the authority to issue a subpoena duces […]