Category

Workers’ Compensation

Law ambiguous on whether comp claim is exempt in bankruptcy

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A circuit court referred a case for consideration to the Illinois Supreme Court to decide if a workers compensation settlement can be exempt in a bankruptcy proceeding. In Re Elena Hernandez, three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago certified the question on Monday of whether the Illinois Workers Compensation Act can exempt the proceeds of…

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Comp insurers turn to mediation to treat opioid-addicted claimants

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Mediation programs in two states are bringing together opioid-addicted workers and workers compensation insurers to create plans to get these workers off drugs. In February, the New Hampshire Department of Labor launched the Opioid Pilot Mediation Program, which will provide an opportunity for insurers and opioid-dependent workers whose cases have been settled in the workers comp system to come together…

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Study: Illnesses and injuries related to working in Illinois mines go underreported

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Illnesses and injuries associated with working in Illinois mines are substantially underreported to the federal agency tasked with tracking these events, according to a new study published in the American Journal of Industrial Medicine. The U.S. Department of Labor’s Mine Safety and Health Administration requires reporting of injuries and illness sustained while working in mines in the U.S. But according…

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Illinois House passes bill that would remove time limits for claims

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The Illinois House of Representatives passed a bill Thursday that will remove any period of repose for the filing of workers compensation claims relating to occupational disease, essentially exposing employers in the state to unlimited liability for these claims. S.B. 1596, which passed 70-40-1 along party lines, amends the state’s Workers Compensation Act and Workers Occupational Diseases Act to provide…

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Arlington Heights approves $46K workers’ compensation settlement for police officer

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Arlington Heights approved a workers’ compensation settlement for a police officer who is still employed with the police department, marking the second payout to the worker in recent years. Trustees approved at the March 4 meeting paying $45,963 to police Officer Nancy Hundrieser to settle a workers’ compensation claim filed last year for an injury that reportedly happened Dec. 15,…

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Six states sue over OSHA electronic reporting rollback

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Six states have sued the Trump administration over the U.S. Occupational Safety and Health Administration’s plan to roll back its electronic record-keeping rule. Illinois, Maryland, Massachusetts, Minnesota, New Jersey and New York challenged the “illegal and unjustified attempt to roll back (the regulation’s) requirements for the public reporting of workplace injuries and illnesses — information that allows states to better…

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COA reinstates nurse’s negligence claim against hospital

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A woman suing a hospital for negligence after falling on property it owned successfully won over an appellate panel that found the hospital failed to designate sufficient evidence to affirmatively negate her claims. While attempting to catch up with a co-worker in the parking lot of a building they frequently visited for work, Michelle Converse tripped over a landscaping rock…

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Conductor fired for repeat workplace safety violations

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An appeals court dismissed a railroad conductor’s claims that he was fired for reporting a workplace injury. In Holloway v. Soo Line Railroad Co., d/b/a Canadian Pacific, a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago on Wednesday unanimously affirmed a decision by the U.S. District Court in Chicago that a railroad company provided sufficient evidence…

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No extra benefits for worker who failed to enroll in job rehab services

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An appellate court in Illinois on Monday denied additional workers compensation-related disability benefits to an injured beverage distributor whom it claims did not seek job rehabilitation services in light of his diminished abilities stemming from a back injury that aggravated a degenerative condition. John Bohentin had been working in the beverage distribution business for over 30 years and for North…

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Worker Misclassification a Growing Problem, Contractors Say

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Worker misclassification in the construction business, done to avoid workers’ compensation and payroll taxes, is a growing problem nationwide, and Indiana is no exception, according to a local news report. Legitimate commercial contractors told an Indiana TV station this week that fraudulent misclassification appears to be spreading in the industry. Some contractors can shave 30% off their bids by classifying…

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