American Coal Company v. The Illinois Workers’ Compensation Commission was published on November 16, 2020 by the Appellate Court’s Workers’ Compensation Division. The claimant, Robert Deere, filed a claim for benefits under the Workers’ Occupational Disease Act against his employer, American Coal Company, for injuries to his lungs, heart, pulmonary system, and respiratory tracts allegedly
Circuit Court
The Exclusivity Provisions of the Workers’ Compensation Act might not bar a claim for Liquidated Damages under the Illinois Biometric Information Privacy Act, but you should file an Application for Adjustment of Claim with the Commission if you intend to seek Actual Damages: Marquita McDonald v. Symphony Bronzeville, LLC et. al.
By Matt Walker on
Posted in Accident, Actual Damages, Appeals, Appellate Court, Application for Adjustment of Claim, Arising Out of Employment, Circuit Court, Emotional Distress, Exclusive Remedy, Illinois Biometric Information Privacy Act, Illinois Workers' Compensation Act, Illinois Workers' Compensation Commission, Illinois Workers' Compensation Law, In the Course of Employment, Lawyers, Liquidated Damages, Mental Anguish, Mental Trauma, Occupational Disease, Procedure, Statutory Damages, Workers' Comp Benefits, Workers' Compensation
Never a dull moment. Recently, in the case of Marquita McDonald v. Symphony Bronzeville, LLC et. al., the Illinois Appellate Court was called upon to determine whether the exclusivity provisions of the Illinois Workers’ Compensation Act bar a claim for statutory damages under the Illinois Biometric Information Privacy Act where an employer is alleged…
Coverage Disputes, Primary Jurisdiction and the Staying of Proceedings at the Illinois Workers’ Compensation Commission: West Bend Mutual v. TRRS Corporation et. al.
By Matt Walker on
On October 16, 2020, the 2nd District of the Illinois Appellate Court issued its decision in the case of West Bend Mutual Insurance Company v. TRRS Corporation, et. al. The decision addressed a consolidated interlocutory appeal concerning the propriety of a circuit court’s order staying the proceedings on a claim filed before the Illinois Workers’…
Illegally Employed Minors and Illinois Workers’ Compensation Law
In 1903 and 1904, shortly before the opening of the St. Paul Mine in Cherry, Illinois, the state passed child labor laws that pulled twenty-two hundred boys aged eleven to fifteen from the mines.
During the recovery efforts following the Cherry Mine Disaster, the chief state factory inspector found out that two young boys were …
Litigation Limbo & Procedural SNAFU’s in Illinois Workers’ Compensation Claims: Carlinville United School District No. 1 v. IWCC (Rule 23 Order)
I like reading Rule 23 orders. In Illinois, Rule 23 orders are decisions by the Appellate Court that can’t be used as precedent except in very limited circumstances. They often fall within two categories. The first category consists of scenarios that happen so often, it would be silly to publish all of them. It’s the…