The Illinois Workers' Comp Blog

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Matt Walker

Latest from The Illinois Workers' Comp Blog

The Illinois Workers' Comp Blog

Court overturns Bolingbrook Police Pension Fund Decision and award Line-Of-Duty Disability Pension to Injured Police Officer: Hampton v. Bolingbrook Police Pension Fund et. al., 2021 Il App (3d) 190416

By Matt Walker

February 10, 2021

Alan Hampton was a police officer for the Village of Bolingbrook. Hampton was on duty on December 20, 2016 when he responded to an accident with injuries in the center of an intersection. Hampton’s lights and sirens were on. There was a fire vehicle on the scene with activated lights. Hampton tried to position his vehicle to protect the scene by blocking traffic from entering the intersection, and while positioning his patrol car was struck…

The Illinois Workers' Comp Blog

The Illinois National Guard and Workers’ Compensation.

By Matt Walker

January 19, 2021

Governor JB Pritzker has activated 250 members of the Illinois National Guard for State Active Duty in response to the warnings issued this week by the Federal Bureau of Investigation (FBI) regarding threats to state capital cities in the days leading up to the inauguration of President-elect Joe Biden. At the request of the U.S. Department of Defense, the Governor also activated an additional 100 members of the Illinois National Guard in support of the…

The Illinois Workers' Comp Blog

Failure of a saw during a live fire drill was not enough to merit PSEBA benefits for this injured Illinois firefighter.

By Matt Walker

January 18, 2021

The purpose of the Public Safety Employee Benefits Act (PSEBA) is to ensure the health benefits of public safety employees who have suffered catastrophic injuries in the line of duty. Nowak v. City of Country Club Hills, 2011 IL 111838, ¶16. Section 10(a) of PSEBA provides in relevant part: “An employer who employs a full-time ***firefighter, who ***suffers a catastrophic injury or is killed in the line of duty shall pay the entire premium of…

The Illinois Workers' Comp Blog

“On Duty” does not equal “Act of Duty”: Griffin v. Village of New Lenox Police Pension Fund, 2021 IL App (3d) 190557 (January 5, 2021)

By Matt Walker

January 6, 2021

In order to qualify for a line-of-duty disability pension, a police officer in Illinois must be disabled as the result of an injury resulting from an “act of duty” as defined by the Pension Code. The mere fact that an officer is on duty at the time he or she is injured is not enough to qualify the officer for a line-of-duty disability pension. Paul Griffin, a detective with the New Lenox Police Department, injured…

The Illinois Workers' Comp Blog

Wage Differential or Perm Total? Why don’t we have both?

By Matt Walker

December 28, 2020

Can you have your wage differential and your perm total, too? In the case of Chlada v. Ill. Workers’ Comp. Comm’n, 58 N.E.3d 848, 405 Ill.Dec. 587 (Ill. App. 2016) , the answer from the Appellate Court was a resounding YES. In this case, the petitioner was employed as a beer truck driver / salesman. He suffered two separate work injuries. The first injury occurred on July 15, 1999. This led to permanent restrictions and…

The Illinois Workers' Comp Blog

Arbitrator Erbacci is Retiring

By Matt Walker

December 28, 2020

(From the Illinois Workers’ Compensation Commission) Arbitrator Anthony (Tony) Erbacci will retire effective December 31, 2020, after a long and distinguished career with the State of Illinois and the Illinois Workers’ Compensation Commission. Arbitrator Erbacci began his career with the State of Illinois on December 1, 1982 and has continuously served the people of Illinois for a period of 38 years. At the Illinois Workers’ Compensation Commission, Tony has served as an Arbitrator from 1997,…

The Illinois Workers' Comp Blog

Act of Duty and Causation Standards for Illinois Firefighters: Prawdzik v. Homer Township Fire Protection District Pension Fund

By Matt Walker

December 20, 2020

In this case, the Illinois Appellate Court addressed the denial of a line of duty disability to a fireman who suffered from post traumatic stress disorder. Gregory Prawdzik (Prawdzik) was employed as a firefighter for the Homer Township Fire Protection District Fire Department (District) starting on May 8, 2006. He also served in the Air National Guard. In 2008-2009, during his employment as a firefighter, Prawdzik was deployed for military duty in Afghanistan for 10…

The Illinois Workers' Comp Blog

Be Careful with those Comp Contracts: Collateral Estoppel and Illinois Workers’ Compensation Settlements

By Matt Walker

December 12, 2020

If there is a third party case associated with your workers’ compensation claim, you need to be careful about what body parts you list in that contract at the time of settlement! The third district of the Illinois Appellate Court recently decided the case of Clifton Armstead v. National Freight, 2020 IL App (3d) 170777. In that case the court addressed the question of whether plaintiff’s workers’ compensation settlement contract estopped the plaintiff from…

The Illinois Workers' Comp Blog

Vaccination and Workers’ Compensation in the State of Illinois

By Matt Walker

December 2, 2020

With all the talk about COVID19 vaccinations in the news, have you thought about how vaccinations in the workplace could result in workers’ compensation and occupational disease claims? The Illinois Workers’ Compensation Act has a section that deals directly with vaccinations in the workplace: Any injury to or disease or death of an employee arising from the administration of a vaccine, including without limitation smallpox vaccine, to prepare for, or as a response to, a…

The Illinois Workers' Comp Blog

The Anatomy of an Occupational Disease Death Claim: Omron Electronics v. Illinois Workers’ Compensation Commission

By Matt Walker

November 27, 2020

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Before the battle, a general will run through countless scenarios as to what might happen on the battlefield. Often, the keys to victory lie in lessons learned from past conflicts. It’s very much the same in any legal battle, including workers’ compensation litigation. I have yet to see any COVID19 decisions from the Illinois Workers’ Compensation Commission, but rest assured that litigation is pending as we speak. As is often the case in workers’ compensation…

The Illinois Workers' Comp Blog

100% Dedicated to Workers’ Compensation Law

Blog Authors

Court overturns Bolingbrook Police Pension Fund Decision and award Line-Of-Duty Disability Pension to Injured Police Officer: Hampton v. Bolingbrook Police Pension Fund et. al., 2021 Il App (3d) 190416

The Illinois National Guard and Workers’ Compensation.

Failure of a saw during a live fire drill was not enough to merit PSEBA benefits for this injured Illinois firefighter.

“On Duty” does not equal “Act of Duty”: Griffin v. Village of New Lenox Police Pension Fund, 2021 IL App (3d) 190557 (January 5, 2021)

Wage Differential or Perm Total? Why don’t we have both?

Arbitrator Erbacci is Retiring

Act of Duty and Causation Standards for Illinois Firefighters: Prawdzik v. Homer Township Fire Protection District Pension Fund

Be Careful with those Comp Contracts: Collateral Estoppel and Illinois Workers’ Compensation Settlements

Vaccination and Workers’ Compensation in the State of Illinois

The Anatomy of an Occupational Disease Death Claim: Omron Electronics v. Illinois Workers’ Compensation Commission

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