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Archive for April, 2012

IWCC Rules Claimant’s Fall at Home Was Not Intervening Injury

April 24th, 2012 at 4:55 am

The Illinois Workers’ Compensation Commission recently reversed the arbitrator’s decision in Lukas v. Chicago, City of, ruling that an injury sustained by the claimant while recovering from his initial work injury did not break the causal connection chain.

Workers’ comp issues can get sticky when they involve multiple subsequent injuries, not all taking place at the claimant’s place of employment. Such is the case in Lukas. The claimant, a laborer, underwent ankle surgery in August of 2009 due to a work injury that took place in March of that year. A couple weeks after his surgery, while using his prescribed cane, , the claimant fell on his stairs at home, rupturing his Achilles tendon and requiring a second surgery.

In this Illinois workers’ compensation claim, the arbitrator found that the claimant failed to prove a causal connection between his original work injury and this fall, thus making his treatment for this second injury ineligible for workers compensation benefits. However, the WC Commission reversed this decision, ruling that the claimant’s subsequent injury was not an intervening injury, as it was caused by his weakened condition due to his initial injury.

If you receive workers’ compensation benefits in Illinois, and undergo a second injury, consult an experienced Chicago workers’ comp lawyer to discuss your situation. A skilled Chicago workers’ comp attorney can answer all of your questions regarding the sometimes confusing Illinois workers’ compensation process.

Image courtesy of: renith Krishnan

Workers Comp Benefits Awarded for Parking Lot Fall

April 18th, 2012 at 9:35 pm

Under Illinois’ workers’ compensation laws, an injury must arise out of and in the course of a claimant’s employment in order to be compensable. While many workplace injuries obviously fall into this category, there are some situations that aren’t so clearly defined as either within the course of employment or not. This was the case in Stuewe v. Homewood, where the claimant was injured while cleaning the snow off of his car following the completion of his shift. The Illinois Workers Compensation Commission recently overturned the Workers Compensation arbitrator’s decision that Mr. Stuewe’s injury did not arise out of the course of his employment.

The facts of the workers’ comp claim were as follows: The claimant worked for Homewood, delivering and picking up dumpsters. After completing his runs on this particular day, he parked the company truck and entered the building, where he turned in his paperwork and radio and clocked out. He left the building, heading for “Lot D,” where his personal vehicle was parked. As he brushed the snow off his windshield, he fell, twisting his ankle.

Key to the Commission’s decision to reverse the arbitorator’s decision and award benefits was the fact that Mr. Stuewe was determined to have a greater risk of injury in this way, than that of the general public. This is due to the fact that the he was forced to park in Lot D, whereas public visitors to the building parked in another lot that was better maintained and routinely salted. The Illinois WC Commission also found his injuries compensable under a “traveling employment analysis.” This allowed for the awarding of benefits based on the fact that the claimant did not perform his work at his employer’s location. It was also noted that his actions in clearing off his truck were reasonable and foreseeable.

If you were injured on the job in Illinois, and your claim is being disputed, contact a top Oak Brook, Illinois workers compensation lawyer. An experienced Oak Brook workers comp attorney can fight to get you the benefits you deserve for your workplace injury.

Time Ticking Toward Real Estate Licensing Transitional Deadline

April 15th, 2012 at 4:11 am

With time ticking toward the April, 2012 law change, Illinois relators are scrambling to meet all new requirements. According to the Illinois License Law Rewrite, all realtor licenses will expire at the end of April next year, requiring professionals to either complete new requirements or surrender their license during the transition.  One tenant of the new requirements is that all salespersons’ licenses will expire, and no new ones will be issued. This means that there will only be Brokers and Managing Brokers in the state of Illinois after the transition period comes to a close next April.

This is an issue for several licensed Real Estate Salespeople in Illinois. According to the Illinois Association of Realtors, this means that all licensees who will be transitioning must take the proficiency exam NO LATER than March 15, 2012. Any partner in a licensed real estate partnership who is currently a licensed salesperson must make the transition to a managing broker or broker. The full details of Administrative Rules of the Illinois License Law Rewrite can be downloaded here. Despite complications of new licensing requirements, there hasn’t been much outrage from the community of Illinois realtors.

If you require assistance making the transition in your license type or would like to speak to a professional regarding the future of your real estate career, contact our experienced team of real estate lawyers at Discipio Law. Transitions are never easy, but with the guarantee of respected and professional experts on your side, can be made much simpler.

 

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