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Workers Compensation Defense

Illinois Industrial Commission Emergency Order creates rebuttable presumption of compensability for Covid-19

Today (Monday, April 13, 2020), the Illinois Workers’ Compensation Commission (IWCC) voted overwhelmingly (9-0-1) to approve a new emergency rule that would create a rebuttable presumption that the workplace was the cause of a person getting the COVID-19 virus.  (Click HERE to read the actual order) In essence, this means that any employee of an Read More

How to Analyze and Investigate Covid-19 Workers Compensation Claims

With the entire world focused on Covid-19, we know that it will simply be a matter of time before Covid-19 is alleged to be a work-related condition.  Given this reality, clients have been calling and emailing me, asking: How do we investigate whether a claimant contracted Covid-19 in the workplace? What is the burden of Read More

Is COVID-19 a Recordable Illness for Purposes of OSHA Logs?

I have been receiving this question from multiple employers recently – – Is COVID-19 a recordable illness for purposes of OSHA Logs? OSHA recently published guidance on this issue. OSHA record-keeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. You must record instances of workers contracting COVID-19 if Read More

Coronavirus – The Workers Compensation Perspective

Coronavirus – The Workers Compensation Perspective I have been contacted by multiple employers and insurance carriers over the past week, asking how a potential coronavirus outbreak would be handled from a workers compensation perspective in Missouri and Illinois. Let me first say this: the medical evidence related to the coronavirus is very clear – – Read More

MO Legal Update – bill would allow Employers to prohibit Employees from using Medical Marijuana

Missouri Workers Compensation Update Hearings were held during the last week of February, 2020, on legislation that would allow employers to test employees and prospective employees for medical marijuana, and give employers the discretion to act based on the test results.  You can read Senate Bill 610 by clicking HERE. It would also allow employers Read More

IL Comp Update: Failure to authorize care CANNOT result in the assessment of penalties

ILLINOIS WORKERS COMP UPDATE Both Arbitrators and the Illinois Workers Comp Commission have increased the assessment of penalties and attorneys’ fees against Employers and Insurance Carriers. However, the Court of Appeals has again ruled that penalties CANNOT be assessed against an Employer/Carrier for failure to authorize care. In February, the Illinois Court of Appeals ( Read More

MO Comp Update – Commission awards PTD plus $400k for unpaid benefits after Employer’s improper denial of the claim

MO Comp Update The Missouri Industrial Commission’s award in Marc Meng v. SystemAire, Inc. (click HERE for the decision) is a perfect example of what used to be called “Murphy’s Law”: Anything that can go wrong will go wrong. Claimant alleges injury by occupational disease from repetitive overhead work as a sheet metal worker resulting Read More

MO Court of Appeals reverses pro-business award from the Industrial Commission

Missouri Workers Compensation Legal Update Last year I informed you about an important defense award from the Industrial Commission in Shoen v. Mid Missouri. The Court of Appeals reversed that decision on September 3, 2019.  Read the entire decision HERE. FACTS Claimant inhaled bug spray and needed to see Dr. Runde about her breathing problems. Read More

MO Comp Update: Court of Appeals – Injuries that occur before work can still be compensable

MO Workers Compensation Update The Court of Appeals reversed a defense award by the Industrial Commission in the attached case of Annayeva v. The Special Administrative Board for the St. Louis School District, decided on July 30, 2019. Here, claimant slipped and fell in walking into the school BEFORE actually starting her workday.  She was Read More

MO Comp Update: Supreme Court Decides Cosby v. SIF – Dangers ahead for Employers/Insurers

MO Comp Update The Missouri Supreme Court handed down their decision in Cosby v. SIF on Tuesday, June 25 (read the entire decision HERE). The main issue was whether the elimination of Second Injury Fund liability (in the vast majority of cases) in 2014 was constitutional. The MO Supreme Court affirmed the decision of the Industrial Read More