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,
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“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)
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…
Wage Differential or Perm Total? Why don’t we have both?
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…
Arbitrator Erbacci is Retiring
(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…
Act of Duty and Causation Standards for Illinois Firefighters: Prawdzik v. Homer Township Fire Protection District Pension Fund
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…
Be Careful with those Comp Contracts: Collateral Estoppel and Illinois Workers’ Compensation Settlements
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…
Vaccination and Workers’ Compensation in the State of Illinois
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…
The Anatomy of an Occupational Disease Death Claim: Omron Electronics v. Illinois Workers’ Compensation Commission
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…
The Perils of Coal Mining: American Coal Company v. The Illinois Workers’ Compensation Commission
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,…
Civilian Contractors and the Defense Base Act.
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…