Doherty & Progar Workers' Comp: Disability Law

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Doherty & Progar Workers' Comp

Case digests and news about workers' compensation claims in Illinois, Wisconsin and Indiana.
By Michael Progar

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Last Entry: March 18, 2009 at 18:27:00

Illinois PPD Maximum Rate Corrected

Posted on March 18, 2009
The Illinois Workers' Compensation Commission announced that due to a clerical error, the maximum rate that it posted in January for PPD not involving an amputation or enucleation of an eye was incorrect. The correct maximum weekly rate for the period July 1, 2008 to June 30, 2009 is $664...

New Illinois Benefit Rates Effective January 15, 2009

Posted on January 12, 2009
The Illinois Workers' Compensation Commission has released the new weekly compensation rates for the period from January 15, 2009 through July 14, 2009, which may be viewed and printed here. The new Statewide Average Weekly Wage is $923.56, an increase of $11...

Wisconsin Mileage Rate Increases

Posted on August 08, 2008
The Wisconsin mileage reimbursement rate has increased effective July 1, 2008. The new rate, for travel to obtain medical treatment or attend vocational rehabilitation training occurring on or after that date, is $0.485 per mile.Doherty & Progar has law offices located in Illinois, Wisconsin, and Indiana.

Illinois Mileage Rate Effective July 1, 2008

Posted on July 25, 2008
The Illinois Department of Central Management Services has confirmed that the mileage reimbursement rate for travel occurring on and after July 1, 2008, is 50.5 cents per mile.Doherty & Progar has law offices located in Illinois, Wisconsin, and Indiana.

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Will BOTOX be Used to Treat Thoracic Outlet Syndrome?

Posted on July 21, 2008
A recent post on the Pennsylvania Workers' Compensation Lawyer Blog concerns an ongoing study to determine whether an injection of BOTOX may provide relief from the symptoms of thoracic outlet syndrome. The study is scheduled to be completed by August 2009...

New Illinois Benefit Rates Effective July 15, 2008

Posted on July 15, 2008
The Illinois Workers' Compensation Commission has released the new weekly compensation rates for the period from July 15, 2008 through January 14, 2009, which may be viewed and printed here. The new Statewide Average Weekly Wage is $912.56, an increase of $28...

Illinois Mileage Rate

Posted on June 23, 2008
The Illinois mileage rate was scheduled to increase to 50.5 cents per mile, to reflect the current federal rate in effect at the beginning of the state fiscal year. However, that rate increase was scheduled before the Internal Revenue Service raised the standard mileage rate to 58...

Indiana Mileage Rate Increase

Posted on May 31, 2008
Effective July 1, 2008, the Indiana mileage reimbursement rate will increase to 44 cents per mile.Offices located in Illinois, Wisconsin, and Indiana.

Amendments to Wisconsin Worker's Compensation Act Effective April 1, 2008

Posted on April 11, 2008
A number of amendments to the Wisconsin Worker's Compensation Act became effective on April 1, 2008. In part, the amendments make significant changes to the insurance requirements for PEOs and employee leasing companies, which are summarized below.A PEO or employee leasing company that contracts to provide the nontemporary ongoing employee workforce of a client is liable for any worker's compensation payable to the leased employee, and may not seek or receive reimbursement from the client for any payments made as a result of that liability...

Wisconsin Adopts Changes to Worker's Compensation Rules and Standards

Posted on January 24, 2008
A proposed order of the Wisconsin Department of Workforce Development became effective on November 1, 2007. The order makes certain changes to Chapter DWD 80, Worker's Compensation, of the Wisconsin Administrative Code. It also creates DWD 81, Worker's Compensation Treatment Guidelines...

New Illinois Weekly Compensation Rates

Posted on December 14, 2007
The Illinois Workers' Compensation Commission has released the new weekly compensation rates for the period from January 15, 2008 through July 14, 2008, which may be viewed and printed here. The new Statewide Average Weekly Wage will be $883.86.Section 8(b) of the Illinois Workers' Compensation Act provides that the minimum TTD rate shall be not less than the higher of the Federal minimum wage or the Illinois minimum wage, multiplied by 40 hours...

Wisconsin 2008 Maximum Wage and Rates

Posted on December 07, 2007
The Wisconsin Department of Workforce Development, Division of Worker's Compensation, announced new maximum rates effective January 1, 2008.The maximum Worker's Compensation rate will be $805 per week for TTD, PTD, and death benefits, for injuries occurring on or after January 1, 2008 and before January 1, 2009...

Wisconsin Mileage Reimbursement Rate Increases

Posted on November 30, 2007
The Wisconsin Department of Workforce Development, Division of Worker's Compensation, announced that the mileage reimbursement rate for travel to obtain treatment or attend vocational rehabilitation training on after December 1, 2007 has increased from $0...

Settlement Agreement Did Not Waive Employer's Workers' Compensation Lien

Posted on September 13, 2007
In Gallagher v. Lenart, 226 Ill.2d 208, 874 N.E.2d 43 (2007), the Illinois Supreme Court held that the "full and final settlement of all claims" language contained in a workers' compensation settlement agreement did not operate as a waiver of the employer's lien under Section 5(b) of the Workers' Compensation Act...

Prejudgment Interest Not Available for Belated Payments to Indiana Health Care Providers

Posted on August 09, 2007
In Brown v. Decatur County Memorial Hospital, the plaintiff, a dentist, filed an Application for Adjustment of Claim for Provider Fee with the Indiana Worker's Compensation Board to recover the unpaid balance due for medical services provided to the employee...

Federal Court Vacates Rule on Truck Drivers' Hours-of-Service

Posted on July 27, 2007
The United States Court of Appeals for the District of Columbia Circuit vacated portions of a 2005 Federal Motor Carrier Safety Administration (FMCSA) rule regarding hours-of-service for long-haul truck drivers, on July 24, 2007. Among other provisions, the 2005 rule had increased the daily driving limit from 10 to 11 hours, and allowed drivers to restart their weekly on-duty hours-of-service limit after 34 consecutive hours off duty...

Federal Minimum Wage Increases

Posted on July 13, 2007
As expected, President Bush signed a bill that amended the Fair Labor Standards Act to increase the federal minimum wage in three annual steps. The minimum wage has been at its current $5.15 per hour since September 1, 1997. Thirty states presently have minimum wages greater than the federal minimum wage...

New Illinois Compensation Rates

Posted on July 12, 2007
The Illinois Workers' Compensation Commission has released the new weekly compensation rates for the period from July 15, 2007 through January 14, 2008, which may be viewed and printed here. The Statewide Average Weekly Wage will be $873.28.Section 8(b) of the Illinois Workers' Compensation Act provides that the minimum TTD rate shall be not less than the higher of the Federal minimum wage or the Illinois minimum wage, multiplied by 40 hours...

Illinois Loaning Employer Can Waive Right to Reimbursement

Posted on July 05, 2007
Under Section 1(a)(4) of the Illinois Workers' Compensation Act, the liability of a loaning employer and a borrowing employer is joint and several, although the borrowing employer is primarily liable. If the borrowing employer fails to provide or pay benefits due to an injured employee under the Act, the loaning employer must do so...

Illinois Raises Minimum Wage

Posted on June 29, 2007
The Illinois minimum wage will increase annually over a four-year period, from the current rate of $6.50 per hour. The increases will be as follows:July 1, 2007 - $7.50 per hour;July 1, 2008 - $7.75 per hour;July 1, 2009 - $8.00 per hour; andJuly 1, 2010 - $8...

Indiana First Report of Injury

Posted on June 07, 2007
The Indiana Worker's Compensation Board recently adopted a new policy regarding submission of a First Report of Injury (Form 34401). The First Report of Injury should be submitted through the EDI process and accepted by the Board before sending in a Report of Claim Status (Form 38911) or Agreement to Compensation (Form 1043)...

New Illinois Minimum TTD Rates Based on Increase in Minimum Wage

Posted on May 25, 2007
The Illinois minimum wage will increase annually over a four-year period, from the current rate of $6.50 per hour. The increases will be as follows:July 1, 2007 - $7.50 per hour;July 1, 2008 - $7.75 per hour;July 1, 2009 - $8.00 per hour; andJuly 1, 2010 - $8...

Calculation of Average Weekly Wage in Illinois - A Primer

Posted on April 26, 2007
In Sylvester v. Industrial Commission, 197 Ill.2d 225, 756 N.E.2d 822 (2001), the Illinois Supreme Court was asked to calculate the average weekly wage (AWW) of a full-time employee who worked a total of 131 days during the previous 52 weeks, due to winter weather and through no fault of his own...

Illinois Mileage Rate

Posted on March 07, 2007
As of July 1, 2007, the new Illinois mileage rate will be $0.485 per mile, unless the federal rate changes. The current rate is $0.445 per mile.Offices located in Illinois, Wisconsin, and Indiana.

Indiana Travel Expense Rates

Posted on February 12, 2007
If an injured employee is requested or required to submit to medical treatment outside the county of employment, or is requested to submit to a medical examination, the employer is required to pay the employee's reasonable expenses of travel, food and lodging necessary, in an amount not to exceed the amount paid by the State of Indiana under current state travel policies and procedures...

Illinois Employee Stated Claim for Intrusion Upon Seclusion

Posted on January 26, 2007
In Burns v. Masterbrand Cabinets, Inc., decided by the Appellate Court of Illinois on January 9, 2007, the court held that an employee's complaint stated a claim for intrusion upon seclusion. The employee sued his employer, an independent company hired by the employer to adjust the employee's workers' compensation claim, a private investigation agency, and a detective who worked for the agency...

Illinois Employee Failed to Prove That Injuries Due to Fall Arose Out of Employment

Posted on January 26, 2007
In First Cash Financial Services v. Industrial Commission, 367 Ill. App. 3d 102, 853 N.E.2d 799 (2006), the employee was injured when she slipped and fell entering the bathroom at work. She testified that she did not know what caused her to slip and she did not see anything on the floor...

Illinois Employee's Injuries Sustained at Company Picnic Were Not Compensable

Posted on January 26, 2007
The injuries sustained by an employee while participating in a company picnic were not compensable because they did not arise out of and in the course of his employment. In Gooden v. Industrial Commission, 366 Ill. App. 3d 1064, 853 N.E.2d 37 (2006), the evidence showed that the company picnic was held on the employer's grounds on a regularly scheduled business day...

Illinois Employer Entitled to Lien for Payments Relating to Employee's Prosthesis

Posted on January 25, 2007
The Appellate Court of Illinois, Fifth District, held that an employer's lien under Section 5(b) of the Illinois Workers' Compensation Act includes payments made under Section 8(a) of the Act for replacing and servicing the injured worker's prosthesis required as a result of an amputation injury to his leg...

Illinois 2007 Benefit Rates Posted

Posted on January 04, 2007
The Illinois Workers' Compensation Commission has posted new benefit rates for the period 1/15/07 through 7/14/07.The TTD maximum rate is $1,148.51. The minimum rate, if single, remains at $173.32; with one dependent, $199.32; two dependents, $225.32; three dependents, $251...

Indiana Employee's Claim for Medical Benefits Barred by Statute of Limitations

Posted on December 14, 2006
The Appellate Court of Indiana held, in Colburn v. Kessler's Team Sports, 850 N.E.2d 1001 (Ind.App. 2006), that an employee's application for adjustment of claim filed more than two years after the occurrence of the accident was barred by the statute of limitations under Indiana Code Section 22-3-3-3...

Indiana Employee Has No Claim Against Employer for Spoliation of Evidence

Posted on December 14, 2006
In Glotzbach v. Froman, the Indiana Supreme Court held that an employee whose injuries are covered by the Worker's Compensation Act had no claim against the employer for disposing of debris and equipment damaged in an explosion. The employee argued that the debris and equipment might have constituted evidence in a third-party product liability claim...

Study Questions Need for Lumbar Diskectomy for Herniated Disk

Posted on November 29, 2006
A study recently published in The Journal of the American Medical Association questioned the need for surgical intervention for sciatica caused by a herniated lumbar disk. The results showed that although surgery appeared to relieve a patient's pain more quickly, most patients also noted marked improvement in three to six months with physical therapy, counseling, and anti-inflammatory drugs...

Illinois Supreme Court Considers Time Limit For Filing Claim For Repetitive-Trauma Injury

Posted on November 03, 2006
Section 6(d) of the Illinois Workers' Compensation Act requires an employee to file a workers' compensation claim within three years after the date of accident. That limitation poses no difficulties when the accident is a discrete event. However, in the case of a repetitive-trauma injury, such as carpal tunnel syndrome, the employee must prove that both the injury and its causal link to the employee's work became plainly apparent to a reasonable person on some date within the limitations period...

Illinois - Workers' Compensation Lien Not Waived by Failure to Reserve it in Settlement Contract

Posted on October 11, 2006
The Appellate Court of Illinois, First District, held that an employer's failure to specifically reserve its right in a settlement contract to file a lien against any proceeds recovered by the employee in a third party action did not constitute a waiver of the lien...

Indiana Legislature Rejects Positional Risk Doctrine

Posted on October 03, 2006
The Indiana Worker's Compensation Act was amended effective July 1, 2006. Changes to the Act included increases in the maximum AWW, PPI benefits, and total compensation. One other significant change is the addition of a new section to the Act which states, in part: "The proof by the employee of an element of a claim does not create a presumption in favor of the employee with regard to another element of the claim...