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Workers Compensation Defense

Illinois Court Appeals wants to make all parking lot injuries compensable

ILLINOIS WORKERS COMP UPDATE The Illinois Court of Appeals handed down a decision in Smith v. IWCC on January 8, 2019, reversing a unanimous Commission decision which denied benefits to claimant who slipped and fell on an ice-covered parking lot and held that the petitioner failed to show an increased risk.  (Read the entire decision Read More

MO Update: Industrial Commission denies Perm Total from psychological trauma following heat exhaustion

Quick MO Workers Compensation Update On January 31, 2019, the Missouri Industrial Commission rendered an award in Miles Thomas v. Fred Weber Construction (to read the entire decision, click HERE). EMERGING TREND This case is a great example of the trend that I have been seeing for several years now – – claimant has a Read More

MO Comp Update: Industrial Commission FINALLY gets it right on Objective vs. Subjective Complaints

Missouri Workers Compensation Update Since the Missouri Workers Compensation Act was amended in 2005, the Industrial Commission has consistently failed to properly apply this provision: §287.190.6(2): “In determining compensability and disability, where inconsistent or conflicting medical opinions exist, objective medical findings shall prevail over subjective medical findings.” In the case of Danny Harris v. Ralls Read More

MO Comp Update – Commission upholds questionable future medical award but calls for legislative changes

Quick MO Workers Compensation Legal Update The Missouri Industrial Commission handed down a decision on December 20 in Cynthia Null v. Albany Medical Center  (click HERE to read the entire decision)  In this unanimous decision from the Industrial Commission, an award of future psychiatric medical care for the life of the employee was upheld by Read More

MO Comp Update – Commission denies compensability of CTS claim based on diabetes

The Missouri Industrial Commission denied a Carpal Tunnel Syndrome claim (CTS) on the basis that the claimant was a diabetic and there was limited evidence linking the CTS with the claimant’s work duties. The award from the Commission, in the case of Ricky Volner v. Meramec Group, can be read here. Since this decision is Read More

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