In an interesting case that illustrates the tension between some of the recent technological “advances” that purportedly streamline traditional workplace practices, a federal district court yesterday held that a plaintiff’s...
Federal Court Says Action under Illinois Biometric Information Privacy Act is Not Barred by Exclusivity Federal Court Says Action under Illinois Biometric Information Privacy Act is Not Barred by ExclusivityA number of states, including Illinois, exclude workers’ compensation coverage for some recreational injuries that are deemed by statute to be outside the course and scope of the employment [see...
IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was Compensable IL Middle School Teacher’s Injury in Student/Faculty Basketball Game Was CompensableIn what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver...
Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting” Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”A police officer, who injured his back as he lifted his “duty bag” to place it in his personal vehicle prior to leaving his home for work sustained an injury...
Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found Compensable Illinois Police Officer’s Back Injury Lifting Duty Bag at Home Found CompensableThe widow of a worker who was diagnosed with mesothelioma some 40 years after his exposure to asbestos may not sue the former employer to recover damages since her exclusive...
Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22 Widow of Illinois Mesothelioma Victim Finds Herself with Catch–22A retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal...
Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court Illinois Retaliatory Discharge Claim May Not Be Removed to Federal CourtUsing a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured...
Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable Illinois Welder’s Knee Injury While Swiveling in Chair Found CompensableA City of Chicago plumbing inspector, whose duties required him to travel throughout the city by car to inspect the plumbing in both residential and commercial buildings, sustained an injury...
Chicago Plumbing Inspector’s Trip & Fall on Street Curb is Compensable Chicago Plumbing Inspector’s Trip & Fall on Street Curb is CompensableIn a decision that may provide some indication as to how the court might decide a claim involving Ebola exposure, an Illinois appellate court has affirmed a finding by the...
Illinois Widow Gets Death Benefits after Husband Succumbs to Neisseria Meningitides Contracted on Brazilian Business Trip Illinois Widow Gets Death Benefits after Husband Succumbs to Neisseria Meningitides Contracted on Brazilian Business TripAcknowledging that there are three categories of risk to which an employee may be exposed: (1) risks distinctly associated with her employment; (2) personal risks; and (3) neutral risks which...
Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of Employment Illinois Court Says “Ordinary” Reaching Activity is Nevertheless Risk of EmploymentIn a case of first impression, an Illinois appellate court, reversing a decision by a state trial court, has ruled that neither the exclusive remedy provisions of the Illinois Workers’...
Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of It Illinois: Tort Action Against Employer Not Barred Where Workers’ Comp Claim Was Time-Barred Before Employee Ever Learned of ItCharacterizing the language of a workers’ compensation settlement agreement that included a provision for a Medicare set-aside annuity (MSA) as “sloppy” and “imprecise” and quoting novelist Vladimir Nabokov’s advice to...
What A Difference a Word Makes: Illinois Court Remands Case Because Settlement Agreement Ambiguous What A Difference a Word Makes: Illinois Court Remands Case Because Settlement Agreement Ambiguous