Requests for independent medical examinations for workers compensation claims with a psychological condition are rising, in part due to greater awareness of post-traumatic stress disorder and an increase in workers seeking treatment for depression and anxiety in conjunction with a physical injury, experts say. While exact numbers are hard to pin down and the increases vary by state, psych IMEs…
A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous. Patrick Humphrey began experiencing pain in his left eye after his…
A customer at Macy’s at the St. Clair Square Mall in Fairview Heights claims she suffered injuries after an elevator allegedly stopped below the level of the floor. Donna Gross has filed suit against the store, as well as the managers and owners of the mall, and the manufacturers of the elevator. The suit, filed in St. Clair County Circuit…
A widow is barred from taking action over the death of her husband because the claim falls under the “exclusive remedy” provisions of Illinois’ workers’ compensation statutes, the deceased man’s former employer argues. Cathleen Shelton, on behalf of the estate of her husband, Michael, filed suit against Olin Corporation, claiming the company failed in its duty of care by exposing…
A three-justice panel of the Illinois First District Appellate Court has upheld a massive verdict against a trucking company in relation to a 2011 Interstate 65 crash, saying a trial court properly allowed both Indiana and Illinois law to apply. The Feb. 9, 2011, incident on southbound I-65 in Jasper County, Ind., involved seven vehicles. The crashes were instigated when…
Stepping back to look at the whole picture when evaluating a claim and treating each case as unique is important for determining the best course of action, said legal experts in a presentation Monday at the Chicagoland Risk Forum at the Marriott Magnificent Mile in Chicago. Claims are as unique as snowflakes, and depending on the circumstances, when the defendant…
Workers compensation insurers’ year-over-year premiums have declined so far in 2019, according to a market intelligence analysis from S&P Global Inc. released Monday. Fourteen of the top 20 workers compensation underwriters reported premium declines in the first half of 2019, and total comp premiums for the industry declined to $27.03 billion — down 2.8% compared with the previous year —…
An insurance company failed to persuade the Indiana Court of Appeals to set aside a $400,000 default judgment against its insured defendants based on the argument that it had an interest in limiting future liability related to the underlying truck crash liability lawsuit. Darnell Wright was injured in a collision with a vehicle driven by an employee of Riteway Trucking,…
