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IL Industrial Commission finds off-premises break-time injury non-compensable

Illinois Workers Compensation Legal Update On Sept. 28, 2018, the IL Industrial Commission handed down the award in Suits v. Marquette Group.  (Read the entire decision HERE. ) In this case, claimant was on break and was taking a walk off-premises, slipped and fell on a sidewalk, and filed a claim for compensation. The IL Read More

MO Workers Comp Update – New Commission Reverses Perm Total award for tripping over a dog in a waiting room

This is the first major decision from the new Missouri Industrial Commission where Gov. Greitens appointed the Employer rep, Reid Forrestor, and Gov. Parson appointed the new Chairman, Robert Cornejo, just last month. You can read the Commission’s decision in Lucielle Schoen v. Mid Missouri Mental Health by clicking HERE. Facts Claimant inhaled bug spray Read More

Nationwide Legal Trend – Employers increasingly unable to discipline employees who use Medical Marijuana

Today’s Missouri Lawyers Weekly chronicles a new nationwide trend that seeks to prevent Employers from disciplining employees who fail a drug test after using medical marijuana.  (Read the Missouri Lawyers Weekly Article by clicking here.  ) As you can see, several states have rebuked Employers for terminating the employment of individuals who use medical marijuana and Read More

Illinois Doctors can now prescribe medical marijuana instead of opioids – Even for Work Injuries

ILLINOIS Workers Compensation Update Illinois Gov. Bruce Rauner signed Senate Bill 336 into law Aug. 28, 2018, a measure that significantly expands Illinois’ medical marijuana program by enabling patients to access medical marijuana in place of pharmaceutical opioid medications.   You can read the entire bill HERE. Effective immediately, physicians will have the authority to offer Read More

MO Industrial Commission Upholds Denial of Benefits Due to Recreational Activity

The Missouri Industrial Commission upheld a denial of benefits on August 22, 2018, in the case of Wilkerson v. CMMG (click to read the decision), upholding a denial of benefits for a claimant injured in a voluntary recreational activity. Claimant was injured while playing volleyball at lunch on the Employer’s property.  Employer denied the claim citing that Read More

Missouri Governor Appoints New Chairman of the Labor and Industrial Relations Commission

I am very pleased to report that Missouri Gov. Mike Parson has appointed State Representative Robert Cornejo (Republican, St. Peters) to become the new Chairman of the Labor and Industrial Relations Commission, effective today. I’ve been told that Rep. Cornejo has resigned from the Missouri House of Representatives and will be sworn in as the Read More

MO Workers Comp Update – Industrial Commission Upholds Defense Award for Unexplained Fall

On August 17, 2018, the Missouri Industrial Commission upheld a defense award based on an unexplained fall.  The case, entitled Juanita Wall v. Bass Pro, can be read by clicking here. In this case, the claimant fell while walking down an aisle at Bass Pro. The accident was recorded on video, and the claimant suffered Read More

Illinois Comp Update – IL House/Senate passes bill forcing carriers pay interest on unpaid/disputed medical bills

On June 29, 2018, the Illinois House and Senate passed Senate Bill 904 and sent it to the Governor for his signature or veto.  You can read the final version of SB 904 by clicking here. The focus of SB 904 is this – – Employers and Insurers would be required to pay medical bills Read More

Missouri Industrial Commission awards $200,000 for “companion care” to claimant’s spouse

WARNING…PLEASE ENSURE THAT YOU ARE SEATED AND PLEASE REFRAIN FROM HOLDING HOT COFFEE WHILE READING THIS UPDATE. This decision was rendered by the Industrial Commission on July 3, 2018. Claimant was involved in a single-vehicle accident in 2007 when the tractor trailer he was driving overturned. Claimant was not seriously injured in the accident, but Read More

MO Workers Comp Commission awards death benefits for ankle injury

Today, the MO Industrial Commission continued its streak of bad decisions. I have attached a copy of the decision from the Commission in Knutter v. American National Insurance.  Click here to read the decision. Claimant suffered an ankle injury and was in a wheelchair for 6 weeks following the ankle injury. While on the toilet Read More