American Coal Company v. The Illinois Workers’ Compensation Commission was published on November 16, 2020 by the Appellate Court’s Workers’ Compensation Division. The claimant, Robert Deere, filed a claim for benefits under the Workers’ Occupational Disease Act against his employer, American Coal Company, for injuries to his lungs, heart, pulmonary system, and respiratory tracts allegedly caused by exposure to coal dust and other substances during his 40 year career as a coal miner. Claimant worked…

Yesterday was Veteran’s Day. As a country, we owe a great debt to those who serve and have served in the U.S. Armed Forces both at home and overseas. But there is another group of people that haven’t yet been acknowledged with a special day to honor their contributions to our military efforts abroad. These unsung heroes of U.S. foreign policy are civilian contractors. And without them, our military efforts around the world would grind…

Employees such as truck drivers and flight attendants often receive per diem. Per diem is defined as:   …a specific amount of money that an organization gives an individual, typically an employee, per day to cover living expenses when travelling on the employer’s business. A per diem payment can cover part or all of the expenses incurred.   In the case of Swearingen v. Industrial Commission, the Appellate Court addressed for the first time whether travel expense reimbursement should be…

Never a dull moment. Recently, in the case of Marquita McDonald v. Symphony Bronzeville, LLC et. al., the Illinois Appellate Court was called upon to determine whether the exclusivity provisions of the Illinois Workers’ Compensation Act bar a claim for statutory damages under the Illinois Biometric Information Privacy Act where an employer is alleged to have violated an employee’s statutory privacy rights. How did such a question come about in the first place? WHAT…

On October 16, 2020, the 2nd District of the Illinois Appellate Court issued its decision in the case of West Bend Mutual Insurance Company v. TRRS Corporation, et. al. The decision addressed a consolidated interlocutory appeal concerning the propriety of a circuit court’s order staying the proceedings on a claim filed before the Illinois Workers’ Compensation Commission. FACTS and PROCEDURAL HISTORY Gary Bernardino was injured in a forklift accident in April of 2017 while in…

In this blog post, we will continue to discuss the issues surrounding average weekly wage. In the case of Illinois-Iowa Blacktop, Inc. v. Industrial Commission, the court acknowledged that the special considerations accorded construction and seasonal workers due to the unique nature of their work have long been recognized in Illinois.  For example, some construction workers might be injured during the first week of employment and others work most of the 52 weeks per year;…

The Illinois Workers’ Compensation Act states that bonuses are not to be included in the average weekly wage.  But the courts have found there is a distinction between incentive-based pay, which an employee received in consideration for specific work performed as a matter of contractual right, and a bonus, which an employee receives for no consideration or in consideration of overall performance at the sole discretion of the employer. Bonuses have been defined by the courts as extra benefits…