Tag Archives: Workers’ Compensation

California Supreme Court Agrees to Decide Temp Disability Benefits for Police Officers

In the only civil review grant from last week’s conference, the California Supreme Court agreed to review the Third District’s decision in Larkin v. Workers’ Compensation Appeals Board. Larkin involves an issue of what temporary disability payments might be available to full-time, salaried peace officers. The petitioner filed a claim for temporary disability payments after he … Continue Reading

California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses an interesting question: how does the legal standard for causation in a workers’ comp matter apply when an injured worker apparently dies as a … Continue Reading

Illinois Supreme Court Holds Guaranty Fund’s Indemnity Payments Not Limited By Statutory Cap

In Illinois (as in every other state), when an insurance company becomes insolvent and an order of liquidation is entered, the Illinois Insurance Guaranty Fund steps in and pays claims that the insolvent carrier could not pay. The Fund’s liability is capped at $300,000, but that cap isn’t applicable to “workers compensation claims.” Skokie Castings, Inc. v. … Continue Reading

Illinois Supreme Court Extends Mailbox Rule to Judicial Review of Workers’ Comp Commission

Last week, in a case which had attracted nationwide interest in the workers’ compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the Workers’ Compensation Commission. Justice Robert R. Thomas wrote the opinion for the five-Justice majority in Gruszeczka v. The Illinois Workers’ Compensation … Continue Reading

Are Union Members Who Travel to Reach a Distant Job Site “Traveling Employees” Under Workers Comp?

In the final days of the May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our preview of the new cases concludes with Venture-Newberg Perini Stone & Webster v. Illinois Workers’ Compensation Commission. Venture-Newberg poses the following question: when is a union pipefitter who accepts a short-term job too … Continue Reading

Illinois Supreme Court to Consider If Mailbox Rule Applies to Administrative Appeal From Workers Comp Commission

Our preview of the civil cases to be heard by the Illinois Supreme Court during the upcoming January term concludes with Gruszeczka v. The Illinois Workers’ Compensation Commission [pdf]. Gruszeczka poses an important question: does the mailbox rule apply to initiating judicial review of decisions of the Workers’ Compensation Commission? The claimant in Gruszeczka filed an … Continue Reading

Argument Report: What Happens When a Workers’ Comp Excess Insurer Goes Bankrupt?

Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our pre-argument preview of Skokie Castings is here. Watch the oral argument here. Skokie Castings begins with a worker’s on-the-job injury. The worker’s employer was self-insured with respect to workers’ compensation insurance, but held … Continue Reading

Is a Workers’ Compensation Settlement “Income” for Child-Support Purposes?

Workers’ compensation payments are excluded from income for purposes of federal income taxes. But are they “income” for purposes of calculating a party’s child support obligation? At the close of its September term, the Illinois Supreme Court announced it would resolve this question in Mayfield v. Mayfield. Mayfield presents two questions: (1) is a lump-sum workers’ compensation … Continue Reading

California Supreme Court Dismisses Hertz Without Review

  In March 2009, the California Supreme Court granted review in Hertz to address the issue of whether a worker’s inability to participate in vocational rehabilitation due to nonindustrial causes should be apportioned under Labor Code sections 4663 and 4664, as they were amended in 2004 by SB 899. The Court of Appeal had ruled … Continue Reading