Aug 24, 2017 - Gloria Allred on Cosby mistrial, texting teen ... meetings, computer lab and failed to properly ... If yo
Workers’ Compensation Newsletter August 2017
Upcoming Webinar! 8/24/17 Management Of Common Cervical & Lumbar Pathologies
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Top 5 Ways to Prepare to Testify By: Rich Lenkov Chair, Bryce Downey & Lenkov Workers’ Compensation Department
key facts upon which your defense is based, it
By: Michael Milstein
With the budget being passed, there has been no movement to discuss new workers’ compensation reforms.
1/ Prepare
While it is a cliché, it’s true; there is no substitute for preparation. Know your file. Not only will it impress the arbitrator, you will be able to base your testimony on the facts. 2/ Bring Your File
No one is expected to remember everything. Accordingly, bring your entire file, including any relevant incident reports, photos, etc. that will assist your testimony. 3/ Dress Appropriately
Another cliché is that first impressions matter. It’s a cliché because it is true. What you say may get lost if you appear unprofessional and unkempt. Wear business clothes, straighten your tie and comb your hair.
The two other bills HB2525 & HB2622 are still pending to be signed or vetoed with Governor Rauner. The bills were sent to him on 6/29/17 & 6/23/17. The governor has 60 days from those dates to either sign or veto the bills. If he does nothing, the bills become law. We fully expect the governor to veto the bills as they do not contain any of the reforms he campaigned about.
4/ Practice
Make sure your attorney reviews your expected testimony with you. While you don’t want to appear robotic on the stand, you do want to prepare the questions and answers beforehand. Also do this on you own, in front of a mirror, so you are comfortable testifying.
Workers’ compensation reform will likely cease to be an issue until the 2018 election cycle.
5/ Don’t Equivocate: This is probably the most important advice I can give you. On the
Don’t equivocate on this fact. Look the arbitrator and opposing counsel in the eye. Speak loudly and clearly. If you are right, but can’t communicate you side effectively, you will lose.
August 2017
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SOUND BITE: Famed attorney and OJ Simpson Dream Team member F. Lee Bailey joins Christina and Rich to discuss the parole hearing of the convicted football player. Rich: What are your thoughts on the Nevada parole hearing? F. Lee Bailey: I thought they fell right in line with the records, he’s established as a prisoner. I was relieved to hear the members of the board overtly state that they knew there was a lot of input from people who were a hustle to the verdict of the murder cases and that they were not going to consider it and of course they should not and OJ really gave his first account of what happened in this so called heist yesterday because he did not testify at trial.
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Supreme Court panel, Cook County soda tax, Charlie Gard, Venus Williams, and more Gloria Allred on Cosby mistrial, texting teen conviction, Johnny Depp, Rebel Wilson and more breaking legal news Cosby breaking news, Illinois budget, Fox News lawsuit, the Duggars lawsuit and more in this week’s Legal Face-Off Trump FBI probe, important Supreme Court decisions, fighting opioid dependency and more Alan Dershowitz on Trump/Comey, feds investigate Fox News, Fyre Festival, Penn State hazing liability and much more Illinois gubernatorial candidate on abortion funding, minimum wage increase, new book explores injustice and more
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August 2017
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Petitioner Fails to Make a Case for Repetitive Trauma
Petitioner’s Noncompliance Terminates Benefit
By: Edward Jordan
By: Tim Alberts
In Johnson v. Innovative Staffing Solutions, 25 ILWCLB 94 (Ill. W.C. Comm. 2016), the Commission affirmed that Petitioner failed to prove that she sustained repetitive trauma while working for her employer and denied benefits. The Commission affirmed Arbitraitor Nowak’s decision that Petitioner did not provide strong testimony or medical evidence to support her claim.
In Johnson v. Chicago, City of, 25 ILWCLB 73 (Ill. W.C. Comm. 2017), the Commission affirmed the employer was entitled to a credit for maintenance benefits paid and denied any further maintenance benefits because Petitioner was non-compliant with his vocational rehabilitation obligations.
Petitioner worked for her employer for only 6 days grasping newspapers and printed products and moving those products onto pallets. Petitioner alleged that her hands and wrists hurt after her sixth day working and she filed a claim. Petitioner testified regarding her job duties, but was not able to testify regarding the weight of the newspapers, how many products she grasped during the work day or regarding the amount of force that was required in her job. The arbitrator also noted Petitioner’s medical records showed negative EMG testing and Respondent’s IME denied the claim. The arbitrator denied the claim and the Commission affirmed.
Practice Tip: Most repetitive trauma claims should be denied. Make sure that you keep detailed job descriptions, job analyses, job videos, obtain all of Petitioner’s records.
August 2017
Specifically, the arbitrator found that Petitioner failed to participate in a diligent and good-faith job search. Citing he was repeatedly late for meetings, computer lab and failed to properly request time off. Petitioner only completed half of the weekly required job searches, and missed appointments due to personal court dates and on birthdays. Additionally, Petitioner failed to submit evidence to support his online job search. Petitioner claimed that he was dedicated to finding work, but the arbitrator found that Petitioner lacked credibility and denied his claim the Commission affirmed.
Practice Tip: Keep a close eye on petitioners during voc. If they fail to diligently seek employment, terminate benefits.
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Firm News Workers’ Compensation Magazine Summer 2017 Issue Rich Lenkov moderated a discussion on “Ethical issues faced by workers compensation practitioners” in CLM‘s Spring issue 2017 of Workers’ Compensation Magazine.
Session: Multi-State Panel Discussion on Current Trends and Litigated Issues Date: Wednesday, 8/9/17 Time: 9:45 a.m. – 10:45 a.m. Attorney: Rich Lenkov Session: Individual State Overviews with Regulators & Attorneys (Grand Ballroom 4) Date: Wednesday, 8/9/17 Time: 11:00 a.m. – 12:00 p.m.; 1:00 p.m. – 2:00 p.m. Attorneys: Rich Lenkov and Justin Nestor
Read the full article here.
BDL is Growing! Julia Alcaraz handles workers’ compensation. Julia earned her JD from The John Marshall Law School.
Workers’ Compensation Institute Annual Conference
Chase Gruszka handles workers’ compensation. Chase earned his JD from The John Marshall Law School.
Emily Schlecte handles workers’ compensation and general liability. Emily earned her JD from The John Marshall Law School.
The WCI Annual Conference is 8/6/17 – 8/9/17 in Orlando, Florida. BDL will be participating in two sessions at the event, be sure to stop by our table!
August 2017
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Free Monthly Webinars
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What you said about our 7/20/17 webinar,
If you would like us to come to you for a free seminar, Click here or email Rich Lenkov.
“Top 10 Differences Between IL General Liability & Workers' Compensation Claims” “Loved the comparisons between the two lines of coverage. It can be a little confusing from time to time.” “Presentation was very organized, informational and presented in an interesting manner.” “It was clear, concise and to the point. Enjoyed being able to see the presenter.” Upcoming Webinar 8/24/17 Management Of Common Cervical & Lumber Pathologies Rich Lenkov Dr. Boko Register Recent Webinars Top 10 Differences Between IL General Liability & Workers’ Compensation Claims You Asked For It, You Got It Part II What’s This Claim Worth? The Ups & Downs Of Upper & Lower Extremity Claims Illinois Workers’ Compensation Reform New OSHA Regulations 1st Annual Great American BDL WC Quiz If you would like a copy of any of our other prior webinars, please email us at
[email protected].
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Our attorneys regularly provide free seminars on a wide range of workers’ compensation topics. We speak to a few people or dozens, to companies of all sizes and large national organizations. Among the national conferences at which we’ve presented: Claims and Litigation Management Alliance Annual Conference CLM Retail, Restaurant & Hospitality Committee Miniconference National Workers' Compensation and Disability Conference® & Expo SEAK Annual National Workers' Compensation and Occupational Medicine Conference National Workers’ Compensation & Disability Conference RIMS Annual Conference Some of our previous seminars include:
Turning The Tables: Using An Employee’s Own Actions As A Defense To Their Workers’ Compensation Claim Closing The Nightmare Case Workers’ Compensation 101 Mandatory CMS Reporting Requirements: What You Need To Know Managing & Closing WC Claims In A Cost-Effective Manner Top 10 Ways To Reduce Legal Expenses NOW
The Mediation Process Balancing Aggressive Pursuit Of Lien Recovery With Associated Litigation Expenses Dealing With Difficult Claimants
Health-Related Leave: Workers’ Compensation, ADA and FMLA
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