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Doherty & Progar Workers' Comp 
Case digests and news about workers' compensation claims in Illinois, Wisconsin and Indiana.
Post Frequency: 0.4/day Last Entry: March 18, 2009 at 18:27:00 Recent Entries: 61
By Michael Progar
Go to Doherty & Progar Workers' Comp, find other Disability Law blogs, or browse all law blogs.
Indiana Employee's Claim for Medical Benefits Barred by Statute of Limitations
Posted on December 14, 2006The 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, 2006In 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, 2006A 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, 2006Section 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, 2006The 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, 2006The 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...
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hi, i just thought id give my sympathy as i too am in the mist of fighting a def...
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What can I do if my manager says I quit but I didn't?
When you file for unemployment, you can state your case that you did not in fact...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
I did test negative on drug/alcohol test. I was escorted to the lab in the hospital I work in and asked in front of my co-workers who would be doing my drug testing. My test results were also sent to the office of the nu
hi, i just thought id give my sympathy as i too am in the mist of fighting a def...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
How are social security death benefits split between multiple surviving spouses?
Both would receive the same benefit amount, without either being reduced from wh...
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