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
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The Exclusivity Provisions of the Workers’ Compensation Act might not bar a claim for Liquidated Damages under the Illinois Biometric Information Privacy Act, but you should file an Application for Adjustment of Claim with the Commission if you intend to seek Actual Damages: Marquita McDonald v. Symphony Bronzeville, LLC et. al.
By Matt Walker
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…
Coverage Disputes, Primary Jurisdiction and the Staying of Proceedings at the Illinois Workers’ Compensation Commission: West Bend Mutual v. TRRS Corporation et. al.
By Matt Walker
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…
Illinois Construction Workers and the Average Weekly Wage
By Matt Walker
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…
Illinois Workers’ Comp: Bonuses and Average Weekly Wage
By Matt Walker
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…
Hot off the Press! The Updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide is available at CMS.Gov.
By Matt Walker
On October 5, 2020, the Center for Medicare and Medicaid Services (CMS) released Version 3.2 of the WCMSA Reference Guide. CMS identified the following changes:
- To define the major medical centers that the Workers’ Compensation Review Contractor (WCRC) uses to
…
Jurisdiction
By Matt Walker
Jurisdiction is a court’s power to decide a case or issue a decree. Remember that the Commission is a state agency, not a court. In a workers’ compensation claim, jurisdiction relates to the Illinois Workers’ Compensation Commission’s power to decide a case…
Illegally Employed Minors and Illinois Workers’ Compensation Law
By Matt Walker
In 1903 and 1904, shortly before the opening of the St. Paul Mine in Cherry, Illinois, the state passed child labor laws that pulled twenty-two hundred boys aged eleven to fifteen from the mines.
During the recovery efforts following the…
Litigation Limbo & Procedural SNAFU’s in Illinois Workers’ Compensation Claims: Carlinville United School District No. 1 v. IWCC (Rule 23 Order)
By Matt Walker
I like reading Rule 23 orders. In Illinois, Rule 23 orders are decisions by the Appellate Court that can’t be used as precedent except in very limited circumstances. They often fall within two categories. The first category consists of scenarios…
New Illinois Supreme Court Workers’ Compensation Case – McAllister v. IWCC
By Matt Walker
On September 24, 2020, the Illinois Supreme Court filed its decision in the case of Kevin McAllister v. The Illinois Workers’ Compensation Commission. The Supreme Court held that the Commission’s finding that the claimant’s accidental knee injury did not arise…