Hospitals and other medical providers cannot be held liable for complications that developed while treating a patient for COVID-19 during the pandemic emergency, the Indiana Supreme Court ruled Wednesday. In an unanimous opinion written by Justice Christopher Goff, the court held that a trial judge properly dismissed claims brought by the estate of Elmer Waggoner and determined that providers who…
An Illinois appellate court on Thursday revived a wrongful death lawsuit filed by the estate of a municipal water worker who drowned after being sent alone into an underground vault, ruling the claims are not barred by workers compensation exclusivity at the pleading stage. In Heiden v. Village of Westmont, the Illinois Appellate Court for the Third District reversed a…
Prairie Farms would need to pay $241 million to the family of a Missouri courier who allegedly died from carbon dioxide exposure while delivering crates of strawberries packed in dry ice, under a Madison County jury verdict. The jury rendered the verdict in Madison County Circuit Court on Feb. 27 in the case brought against Prairie Farms Dairy Inc. and…
A federal judge has unplugged a class action regarding lithium-ion batteries used in consumer power tools, which allegedly overheated and caught fire. Anthony Desparrois sued Lowe’s Home Centers and Chervon North America, which makes SKIL-brand tools, over allegedly dangerous lawn tools. Desparrois filed the complaint in St. Clair County Circuit Court before Chervon removed it to federal court. In a…
As older workers remain in or reenter the labor force, the workers compensation industry is zeroing in on an area where claims tend to be more severe, medically complex and costly. “Our workers compensation data clearly show that the percentage of the workforce that is older is growing,” said Rich Ives, Hartford, Connecticut-based senior vice president of business insurance claim…
In Barickello v. Illinois Workers’ Compensation Commission, the Illinois Appellate Court did not rule on the merits of the worker’s claim or the employer’s defenses. Instead, it dismissed the employer’s appeal because the court lacked jurisdiction to hear it.  The worker injured his back on the job and later settled his workers’ compensation case. Years after the settlement, he…
An Illinois appellate court recently confirmed that an injured worker can lose temporary total disability (TTD) benefits if they are medically able to return to work within restrictions and refuse a valid light-duty job. The case involved an insulator who injured his lower back at work and later underwent spinal fusion surgery. After surgery, his doctor cleared him to return…
A recent Illinois appellate decision looks closely at when an assault on a traveling employee is covered under workers’ compensation. Although the ruling is nonprecedential, it provides a clear roadmap for how courts analyze street risks, the “aggressor” defense, and causation in cases involving third-party attacks. The Incident Jose Avila worked as a delivery driver for Amazon. On August 1,…
The makers of certain lithium ion power banks have been hit with a class action lawsuit, asserting they are selling dangerous products which can spontaneously ignite or explode, allegedly even under normal use and conditions. The lawsuit was filed against defendants INIU International Corp. and Shenzhen Topstar Industry Corp. on Feb. 3 in Southern Illinois District federal court. INIU is…
Gunmaker Smith & Wesson will get a chance to appeal a Lake County judge’s decision clearing the way for the families of victims of the 2022 Highland Park parade massacre to sue the company over the mass murders, after the Illinois Supreme Court indicated a state appeals court was wrong to deny out of hand the company’s appeal petition, seeking…
