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Workers’ Compensation

Metro East employees are first in Illinois to get workers’ comp for radiation

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Roughly 70 former employees of a Metro East factory tied to the Manhattan Project, and the spouses of deceased workers, have become the first group in Illinois to receive workers’ compensation for radiation exposure. “I am literally a landmark decision,” said Larry Burgan, one of the former employees of Spectrulite Consortium Inc. That old Spectrulite facility that straddled the municipal…

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Careful recordkeeping of patient care key to cutting nurse med mal claims

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Nursing professionals should carefully document patient care to avoid malpractice claims, which experts say are increasing in severity. From 2020 to 2024, the average total incurred cost of malpractice claims involving nursing professionals increased by 12.5% to $236,749, according to a report released recently by the Hatboro, Pennsylvania-based Nurses Service Organization, a division of Aon Affinity, in collaboration with CNA…

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Comp grapples with mental injury claims

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Reintegrating an employee who has experienced a compensable mental injury into the workplace is a complex process that requires the same treatment, communication and claims management strategies used for all workers compensation cases, with one main difference: subjectivity. Mental injuries lack the objectivity of physical injuries, requiring employers, claims handlers and providers to better understand what part of the work…

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Appeals court: Doctors can’t pursue claim for payment against employer

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The Illinois Appellate Court affirmed a ruling that a treatment provider could not pursue a claim for payment against an employer as a third-party beneficiary of a settlement. Michael Sullivan suffered injuries in 2010 while working for F. W. Electric, and while his workers compensation claim was pending, Mr. Sullivan received medical care from Midwest Neurosurgeons, according to the ruling…

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Illinois bill would raise burial expenses

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A bill in Illinois would increase burial expenses paid to dependents of workers killed on the job. H.B. 4177, introduced Wednesday, would raise the benefits to $10,000, up from $8,000, provided to the “widow or widower, other dependent, next of kin, or person or persons incurring the expense of burial.” The change would put Illinois in line with the 23…

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Attack on co-worker must be covered by comp: Appeals court

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An appeals court in Illinois on Wednesday ruled an electrical worker’s negligence lawsuit that stemmed from a 2020 attack by a co-worker having a psychotic episode is barred due to exclusive remedy. Kamil Kordas sued Bob’s All Bright Electric, claiming, among other things, intentional misconduct and negligence after his co-worker and son of the business’s owner, Thomas Clarizio, struck him…

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Illinois appeals court rules neck pain unrelated to work accident

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The Illinois Appellate Court ruled Monday that a woman’s neck injury was not part of her overall workers compensation claim, reversing a circuit court ruling that ordered an insurer to cover the expanded claim. As documented in Jacqueline Sumner v. Illinois Workers’ Compensation Commission, et. al., Jacqueline Sumner was injured while working for PlaceSmart/NOTS Logistics. This temporary employment agency sent…

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Family’s $4.8 million award affirmed 15 years after line cook ate shellfish

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The family of a line cook who died after eating shellfish off-hours to which he was allergic is entitled to a $4.8 million jury award, the Illinois Appellate Court ruled Tuesday. Angel Rivas worked at the restaurant where he ate the shellfish in an employer-provided meal. As documented in Rivas v. Benny’s Prime Chophouse, LLC, Luz Rivas, his widow filed…

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Indiana Supreme Court to hear oral arguments Sept. 4 over worker’s compensation claim

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The Indiana Supreme Court will hear oral arguments in two cases during the first week of September, including one involving a dispute over a $2.8 million workman’s compensation reimbursement request filed with the Indiana Compensation Rating Bureau. The hearings will be held Sept. 4 in the Supreme Court Courtroom at the Indiana Statehouse. Beginning at 9 a.m., justices will hear…

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Mental injury legislation continues to trend in comp: Report

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States continued to consider proposals to expand the acceptance of mental injuries in workers compensation this year, according to a report by the National Council on Compensation Insurance. The results have been mixed, the report shows. In an overview of workers compensation-related legislation considered through July 31, mental injuries topped the list of themes, with such injuries suffered by first…

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