New Rulings on the Contact Sports Exception Help Plaintiff's in Premises Liability Cases

We have found a new trend by injury defense firms in arguing that some slip and fall injuries should not be compensible legally based on the "contact sports exception". This is a very narrowly defined exception that bars a plaintiff from suing a co-participant in a sporting activity for normal negligence. Rather, the plaintiff would have to plead and prove willful and wanton or extremely reckless behavior to prevail. Defendants are attempting to apply this exception to corporate entities as well and this had been met with some success.

In this recent 5th District case, the court held the exception did NOT apply to the organizational entity and therefore plaintiff need only plead normal negligence against the entity rather than willful and wanton. We find this development very beneficial for plaintiff's throughout the State of Illinois.

Negligence 5th Dist.
Gvillo v. DeCamp Junction, 2011 IL App (5th) 100262 (October 31, 2011) Madison Co. (CHAPMAN) Reversed.
Plaintiff, the first baseman, was injured during softball game (in informal amateur summer softball league) when Defendant, collided with him while running to first base. Plaintiff alleged that Defendants set up softball field in an unreasonably dangerous manner, by not following safety rules of Amateur Softball Association as to double-base system for first base and in not painting a running lane, thereby causing the collision. These rules do nothing to interfere with vigorous participation in softball. Contact sports exception does not apply to these facts, and thus court erred in granting summary judgment for Defendants. (SPOMER and STEWART, concurring.)

Jason Marker appointed co-chair of the Will County Bar Association Civil Committee

QMM partner, Jason Marker, was recently appointed co-chair of the Will County Bar Association's Civil Committee. As co-chair of the committee, Mr. Marker will be responsible for leading the committee's meetings, which typically involves discussing legal topics with other members of the bar association and obtaining lecturers at seminars that attorneys attend to obtain continuing legal education hours required by the State of Illinois Supreme Court.

Mr. Marker practices primarily in the areas of workers' compensation and personal injury law.  He frequently appears before arbitrators, commissioners and judges throughout Will, DuPage, Cook, and Kane counties.  

QMM's newest attorney, Mr. Jonathan Crannell, appointed to DCBA Publication Board

QMM's newest associate attorney, Mr. Jonathan Crannell, was recently appointed to the DuPage County Bar Association Publication Board. The Publication Board is responsible for publishing the monthly periodical “DCBA Brief”. The board members take turns as issue editor and are responsible for selecting, obtaining and editing quality substantive legal articles written by local attorneys for their issue.

Congratulations to Mr. Crannell for being selected to the Publication Board!

Summary of the recent changes to the Illinois Workers' Compensation Act

House Bill 1698 was recently signed into law by Governor Quinn. Below, please find a summary of some of the major areas of change in the new Act. This is not meant to be a complete list, only a brief summary of some of the main changes that could effect working men and women.

1. Illinois' Medical Fee Schedule - the amount paid to healthcare providers for workers' comp procedures - would be cut by 30 percent, to 150 percent over what those providers are paid by Medicare for the same procedure.

2. Employers would have the opportunity to prove that intoxication on the job was the cause of an injury and not the workplace, and employees would then have the burden of proving it was not their intoxication.

3. Employers would be allowed to refer workers to a preferred medical provider network, under which employees still would be allowed their current two choices of doctor. If an injured worker chooses a doctor outside the network, he/she gives up one of his choices. If an employer offers a company doctor, the employee has the option of going to the company doctor and/or one other physician of his or her choice and anyone either of those doctors refer him or her to.

4. The new Act will allow for anonymous reports of fraudulent claims and require any fraud claims be sent to the Attorney General's office for determination of prosecution.

5. All of the arbitrators currently on staff would be fired. Governor Quinn would be able to appoint new arbiters, subject to Senate confirmation. The Governor's office has already posted an Application Form on the IWCC's main website. Even current Arbitrators will have to apply in order to be re-appointed. This again seems to indicate his likelihood of signing the bill.

6. Under the new law, if an employee's injuries result in a loss of wages, the wage differential paid to the employee would be capped at age 67, or five years after the accident, whichever occurs later. This is significantly less money than what the previous Act allowed - which was payment of the difference for the rest of the employee's life.

It should be noted that these changes would only effect cases filed after September 1, 2011.

For more information on the changes to the Workers' Compensation Act and how they might affect you, feel free to contact us at 630-759-7000.

Governor to sign Workers' Compensation Reform Bill on Tuesday

As anticipated, the Chicago Tribune is reporting that Governor Quinn is set to sign the new Workers' Compensation Reform bill into law tomorrow. Feel free to read the entire report at:

http://www.chicagotribune.com/business/ct-met-quinn-workers-comp-0627-20110626,0,2075241.story

Summary of Major Changes to the New WC Act

Although the new workers' compensation reform bill has not officially been signed into law by Governor Quinn, its seems as though it is only a matter of time. Below, please find a summary of some of the major areas of change in the new Act. This is not meant to be a complete list, only a brief summary of some of the main changes.

 

1. Illinois’ medical fee schedule — the amount paid to health-care providers for workers’ comp procedures — would be cut by 30 percent, to 150 percent over what those providers are paid by Medicare for the same procedure.

2. Employers would have the opportunity to prove that intoxication was the cause of an injury and not the workplace, and employees would then have the burden of proving it was not their intoxication.

3. Employers would be allowed to refer workers to a preferred medical provider networks, under which employees still would be allowed their current two choices of doctor. If an injured worker chooses a doctor outside the network, they give up one of their choices. Hence, if an employer offers a company doctor, the employee has the option of going to the company doctor and/or one other physician of his or her choice and anyone either of those doctors refer him or her to.

4. The new Act will allow for anonymous reports of fraudulent claims and require any fraud claims be sent to the attorney generals office for determination of prosecution.

5. All of the arbiters currently on staff would be fired. Governor Quinn would be able to appoint new arbiters, subject to Senate confirmation. The Governor's office has already posted an Application Form onto the Industrial Commissions main website. Even current Arbitrators will have to apply in order to be re-appointed. This again seems to indicate his likelihood of signing the bill.

6. Under the new law, if an employee's injuries result in a loss of wages, the wage differential paid to the employee would be capped at age 67, or five years after the accident, whichever occurs later. This is significantly less money than what the previous Act allowed - which was payment of the difference for the rest of the employee's life.

It should be noted that these changes would only effect cases filed after September 1, 2011.

Governor still yet to sign new WC Bill into Law

It is said that the new WC reform bill, HB1698, has been sent to Governor Quinn for approval, but no word has come yet as to whether he has or will approve the bill. Under current law, if the governor does not veto the bill within ninety (90) days from when it hits his desk, it will become law. We expect to hear from the Governor on the bill within the near future.

Once we know whether the bill has bee approved, we will provide an update as to the exact changes, although, the basic changes and premise is set forth in bill HB1698, which can be viewed at:

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1698&GAID=11&DocTypeID=HB&SessionID=84&GA=97

If you have any questions on workers' compensation matters and/or the new reform bill in the meantime, please feel free to contact us.

WC Reform Bill - HB 1698 passed after all - on to the Governor for Approval

Amid threats to introduce and vote on a bill that would completely abolish the Workers' Compensation Act, the House voted late Tuesday to approve a reform bill and passed HB 1698 in a vote of 62 - 43 according to sources. Click on the following link for more information:

Legislation to reform Illinois' workers comp system sent to governor Business Insurance

Stay tuned to our blog for a report of the reform bill once it is fully released.

Senate Approved WC Reform Rejected by Illinois House

QMM was anticipating providing a summary of the new Workers' Compensation reform package after the holiday weekend, but instead, a new twist...

One day after the Senate came to agreement and passed SB 1933, the Illinois House defeated the bill. Under  HB 1698, the House rejected the reform legislation even after it seemed the matter might survive. Essentially, the matter was killed by many of the Republican conservatives who felt the reform bill did not do enough for businesses and instead its major focus was only on reducing medical fees, leaving the brunt of the effect of the legislation against the medical community. 

Now that the bill was been defeated in the Illinois House, speculation continues as to whether the "nuclear option" to abolish the entire Workers' Compensation Act will be pushed by legislators as a means for requiring both sides to come together to reform the Act. 

The defeat of this reform bill in the House is welcome news to all potential injured workers in the State. However, it seems the reasons the bill was defeated by many Republican members is because they were looking for EVEN MORE revisions to the Act, and so; potential injured workers in this State should only be cautiously optimistic at this point. 

Stay tuned to this blog or further details when they arise.

Compromise Reached on Workers' Compensation Reform?

It seems a compromise is being reached on some revisions to the Workers' Compensation Act. The exact revisions are unknown still, but the following statement form the President of the Illinois Chamber of Commerce (who is of course pro-business) gives us an idea of what is to come...it seems that there may be no huge changes in the causation standard, with requiring Employer-directed medical care or with following of AMA or Medicare guidelines for treatment and permanency standards - all three of which were being sought by the pro-business platform. For every potential injured employee in the State of Illinois, this is welcome news today. Although the Chamber feels its businesses cannot compete with other State's, there is no question that putting the blame on the State's Workers' Compensation system and consequently on the innocent victims of injuries on the job would be a travesty. Thank you to all of the persons lobbying on the side of the injured workers, including the Trial Lawyers Association. 

Stay tuned for a summary of the new revisions to the Act... 

http://www.ilchamber.org/Illinois-Chamber-Of-Commerce/Main/Who-We-Are/Our-Epublications/Presidents-Messages/2011/May-4-Urgent-Alert-on-Workers-Compensation.htm


May 27, 2011



Workers’ Compensation Reform: the Perfect, the Possible and the Politics

For the last two years, the Illinois Chamber has worked hard to compel lawmakers and the governor to address the serious flaws in the state’s workers’ compensation system.
From the employer’s perspective, Illinois workers’ compensation laws are unfriendly, high-cost and generally characterized as among the worst in the nation. They hurt our business climate and our economy, and place an undue burden on businesses as well as taxpayers.
From the beginning, the Chamber’s goal has been merely to bring Illinois back into the mainstream and align its workers’ compensation system with those of most other states. The measures the business community has sought have not in any way been unique or unreasonable. We have tried to introduce the national norms into the Illinois law.
A new proposal now on the table offers to introduce important new elements to Illinois’ workers’ compensation system. In addition, Senate amendment #3 to HB1698 will save employers an estimated $500+ million in expenses, fix problems with the state’s 2005 workers’ compensation law, and make needed changes to the Illinois’ Workers’ Compensation Commission.
While it offers a better law for employers than currently exists, the proposed bill inadequately addresses three of the employers’ major goals for substantive reform – a higher causation threshold, strict American Medical Association guidelines regarding disability and strong employer-directed medical care networks.
The Illinois Chamber believes these reforms are needed to assure long-term systemic changes, manage costs, and to change the culture and administration of Illinois’ workers’ compensation system. Without them, our workers’ compensation system will remain costly and out of line with those of other states, and continue to stress our economy and our business climate.
The Chamber cannot support the amended HB1698 because it does not meet the test of truly reforming the state’s workers’ compensation laws, but we will not oppose a proposal that represents positive, incremental changes. There is no negative impact on employers. The Chamber is officially neutral on the bill.


A Challenging Environment for Business
Illinois has one of the most expensive workers’ compensation systems in the nation, according to the Workers’ Compensation Research Institute. Its workers’ compensation costs are considered the third highest of any state, trailing only those of Montana and Alaska. The state’s medical fee schedule, first implemented in 2005, is the second highest in the nation.
Multi-state, self-insured companies routinely identify Illinois as their highest cost state even when job sites, training, safety commitments and other factors are generally comparable.
Employers also believe that the Illinois Workers’ Compensation Commission and the reviewing courts are substantially biased and will almost always rule in favor of the individual, even in outrageous circumstances. Thus, the expectation of a “fair” hearing and finding within the Illinois system is largely lacking because of statute, case law and tradition at the Commission.
During the last several months a workers’ compensation scandal has arisen from the state’s handling of cases involving its own employees at the Menard Correctional Center. Two Commission arbitrators are on suspension. In response to the reporting by the Belleville News Democrat, the federal government started a criminal investigation.
The extent of the problems and the investigation continue to spread beyond the Department of Corrections and have touched the state police, the attorney general’s office, state’s central management service and the Illinois Department of Transportation, with possibly more to come.
Despite improving employment numbers in recent months, all these factors compound to give Illinois a reputation for having a bad business climate. The state has lost over a half million jobs during the past decade, and workers’ compensation costs are a genuine disincentive to locate or grow jobs in Illinois.
For too long Illinois has been an outlier. In the competitive game of establishing favorable business climates, our state has come up short, plunging to the bottom of various lists and rankings.
The General Assembly’s decision to raise the corporate income tax rate to 9.5 percent in January gives Illinois the fourth highest corporate income tax rate in the nation and sounded another alarm.


Elections have Consequences: the Politics behind WC
State government’s annual workers’ compensation expenses are in excess of $135 million and deemed to be poorly managed. The city of Chicago’s annual costs exceed $80 million. Our political leaders realize that fixing workers’ compensation problems could help resolve huge budget costs for state and local governments.
Governor Quinn, Senate President Cullerton and House Speaker Madigan have all cited workers’ compensation as a priority that needs fixing during the current legislative session.
The governor’s close election victory in 2010, however, is to a great extent attributable to support from organized labor. The Democrats control a majority of the seats in both the Illinois Senate and the Illinois House of Representatives. It is likely the Democratic control of the General Assembly will remain intact for the next decade because they will dictate the boundaries for newly created legislative districts.
The Democrats acknowledge they need to address problems with the state’s workers’ compensation laws, but their traditional election allies – labor and trial attorneys – want no changes. What the political leaders have sought to craft is a bill that makes substantial changes and reduces employers’ costs, while at the same time protecting their allies’ interests. The political leaders’ stated goal is to have the trial lawyers and organized labor declare their organizations “neutral” on the bill.
Amended HB 1698’s $500+ million in savings in WC costs will come at the expense of medical providers. But even after a 30 percent cut, the medical fee schedule used in Illinois will still remain the second highest in the nation.
The work behind the development of these changes in Illinois’ WC has been difficult and extensive. This bill represents the best employers can expect to achieve at this time and under these circumstances. It is important to recognize the democrat leadership of our state has acknowledged there are problems and have devoted time and effort to begin to address them. I would observe too that passage of this bill would be another indication the democrats have begun to make course corrections to reverse the state’s economic losses and fall from grace.

Blow It Up
Throughout the legislative session, Representative Bradley and Speaker Madigan have threatened to pass legislation that would “blow up” the state’s workers’ compensation system by repealing laws and abolishing the Workers’ Compensation Commission.
The implied threat has been that if agreements cannot be reached by affected interest groups, chaos would prevail. While such an action may appear attractive in the abstract, the consequences would force all workers’ compensation cases into the civil courts. It would overwhelm the courts and require dozens if not hundreds of new judges.
Every employer would have to scramble for new insurance coverage while the insurance companies would be trying to reassess pricing in a volatile, litigious state with a reputation for being an unfavorable judicial “hellhole.”
Workers’ compensation insurance premiums would likely escalate even higher. Many injured workers would undoubtedly suffer under the scenario of an extended period of disarray and uncertainty. Most significantly, such an action would once again send the wrong signal regarding Illinois’ ability to effectively deal with critical public policy issues.

Next Steps
Senate amendment #3 to HB 1698 was filed late last night. The official legislative process begins in the Senate today and will presumably be concluded by the time the General Assembly leaves the capitol city on Monday or Tuesday next week.



Illinois Chamber Statement on Workers’ Compensation Legislation

From Doug Whitley, President & CEO

May 27, 2011


The Illinois Chamber wishes to acknowledge the efforts of many individuals who have worked diligently for months to help craft a legislative proposal that will address many aspects of the state’s workers’ compensation system. The Illinois Chamber has dedicated the last two years to compel lawmakers and the Governor to address employers’ workers’ compensation problems.
From the employer’s perspective, Illinois’ workers’ compensation laws are unfriendly, high cost and generally characterized as among the worst in the nation. The state’s political leadership has it within its power to change the situation. To do so will reduce costs for employers, as well as taxpayers; improve the business climate; and send a positive signal that Illinois is acknowledging our problems and seeking to address them in a positive manner.
The culmination of efforts to change the state’s workers’ compensation laws has resulted in a measure that offers employers a better situation than currently exists. It introduces important new elements to the Illinois WC law but falls short of Chamber members’ view of true reform.
The Illinois Chamber cannot support the current proposal because it does not meet the test of truly reforming Illinois’s workers’ compensation laws, but we will not oppose a proposal that represents positive, incremental changes.
The measure embodied in HB1698 falls short because three of our major goals for achieving truly substantive reforms that could change the culture and administration of Illinois’ workers’ compensation system were either ignored or inadequately addressed. The Illinois Chamber cannot and will not abandon our obligation to employers to seek a higher standard for “causation,” stricter AMA guidelines and a more secure application of employer authorized medical care networks. Absent the inclusion of these changes it is our opinion that relative to other states, Illinois’ workers’ compensation system will remain high cost and out of the mainstream.
The leadership of the Illinois Chamber recognizes this measure as a positive step, but challenges the state’s political leadership to recognize the competitive business climate is an evolving process that requires continued attention for the need to change. We interpret this bill as a down payment towards achieving more comprehensive reforms.

AP Reports a Tentative Agreement has been reach on a Revised Illinois WC Act!

The Associated Press is announcing that a tentative agreement has been reached on a revised Workers' Compensation Act, without having voted on the "nuclear option". See the article below and feel free to stay tuned to our blog for the specifics on the revisions once it is released and we become aware.  

http://www.sj-r.com/archive/x1148653257/Tentative-workers-comp-deal-reached

Illinois moves a step closer to abolishing worker's compensation system

In our continuing effort to keep clients and the public aware of what is going on with the current reform efforts to the Workers' Compensation Act in this State, here is a recent article from the St. Louis Post-Dispatch from 5/26/11, indicating that on 5/25/11, Representative Bradley's bill (SB 1933 - to abolish the Workers' Compensation Act) was brought up for a vote before the house committee and will be brought to the floor for a vote if no reform is otherwise agreed upon quickly. All sides of the aisle are said to wish to reach a decision on reform before the legislature adjourns on May 31, 2001. Stay tuned to our blog for more updates!

Illinois moves a step closer to abolishing worker's compensation system

QMM welcomes new Associate Attorney

The firm is pleased to announce the hiring of its newest associate attorney, Mr. Jonathan Crannell, Esq. Mr. Crannell, a native of Naperville, Illinois, attended Naperville North High School before graduating with a degree in Management Information Systems from Miami University (Oxford, Ohio). Thereafter, he received his legal degree from Illinois Institute of Technology / Chicago Kent College of Law, and has been practicing as an attorney in the State of Illinois since 2009.

At QMM, Mr. Crannell will be concentrating his areas of practice to the areas of personal injury and workers' compensation. Prior to joining QMM, Mr. Crannell spent one and one-half years with a personal injury/ medical malpractice firm in Chicago where he worked on cases involving motor vehicle accidents, medical malpractice, products liability, and nursing home negligence. Additionally, shortly after being licensed, Mr. Crannell worked as a solo practitioner and represented clients in various civil litigation matters, involving collections, foreclosures, breach of contract, and real estate. He has practiced before judges in Will, DuPage, Kane, Kendall, and Cook counties.

In his spare time, Jon enjoys cooking and golfing. He is married to his wife, Clara, a language arts teacher at a local junior high school. He is also a member of the Will County Bar Association, DuPage County Bar Association, American Bar Association, Chicago Bar Association, and Illinois State Bar Association. The firm is excited to bring Jon's talents to its growing injury practice.

QMM Honored by Corporate INTL Magazine!

The firm was recently honored to have received two awards from Corporate Intl., which is a leading e-magazine for thousands of business leaders in the professional field. In 2010, the magazine compiled its "Best of" awards for law firms in various categories and QMM was selected as the "2010 Family Law Firm of the Year in Illinois" as well as the "2010 Business Formation Law Firm of the Year in Illinois". The firm is honored to have been selected for these awards in the professional community. We hope to continue to build on such honors as we focus on providing clients with outstanding service and results!

QMM to present "Best of Bolingbrook Award" tonight!

The firm is proud be to the presenter for the Bolingbrook Chamber of Commerce at their annual Best of Bolingbrook Awards banquet tonight. The awards ceremony honors various business professionals with awards in a variety of categories and begins at 7:00 p.m. In 2010, QMM won the award in the "Professional Services" category. As the past years winner, we have the distinction of presenting to this years nominees. The entire firm will be in attendance and we wish all of the 2011 nominees the best of luck!

Injury Settlement Updates

Over the past six months, the firm has been very active in settling injury claims on behalf of its clients. The following are a few of the most notable:

- John Doe v. Apartments - Premesis liability case where 60 year old women slipped and fell on hidden ice while exiting her apartment complex and sustained a fracture of her ankle. The case settled for $60,000.00.

- John Doe v. Driver - Man sustained neck and back injuries from an auto accident causing a herniated disc in his neck. The plaintiff had no surgery, although it was recommended. The case settled for $80,000.00.

- Jane Doe v. Stip-mall owner - Women slipped and fell on ice in a parking lot outside of a business. The lot was in a defective condition. Ms. Doe suffered a fracture to her ankle and underwent two surgeries. The case settled for $150,000.00

- Jane Doe v. Panaderia - Plaintiff slipped and fell on wet floor which resulted in a surgery to Ms. Doe's ankle. The claim settled for $185,000.00.

- John Doe v. Armstrong - Plaintiff in a workers' compensation claim, injured back lifting at work. He underwent two surgeries to his spine and was ultimately placed on a permanent restriction and could not return to the job. In addition for being paid for his time off and medical bills while treating over a 3 year period, the case settled for $170,000.00.

QMM offers a free 1/2 hour consultation on ALL legal matters with one of our attorneys.

QMM Client Testimonial

Dear Mr. Marker:

I wanted to thank you for the work you did on my behalf for my workers' compensation case. Your patience and expertise were a great help to me while my case was pending as was your help in working through the settlement process. I am very pleased with the results. I had spoken to an attorney in the past before meeting you and he only took a few minutes to discuss my case and was immediately very dismissive about a positive outcome in my favor. A few days later, I was in contact with you - and well - the rest is history. You were able to obtain a very significant settlement for me within a very short period of time. I would highly recommend you to others in need of an excellent workers' compensation attorney. Thank you again for all of your hard work!

P.A.

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