Workers’ Compensation Case Update – Spring 2012
The Commission found that a Sheriff's Department sergeant was not subjected to greater risk of injury on account of his employment when he twisted his ankle climbing a public staircase in a courthouse. In a separate case, the Commission found that a claimant had notified her supervisors of back pain, but had not provided them with notice that her condition was related to employment.
Shoulder Injuries Are Not Injuries to the Arm as a Matter of Law
The appellate court ruled that the Commission is to award permanency for shoulder injuries on the basis of loss use of a man as a whole, not loss use of the arm. John Kamin delves into the details of the case and discusses how he expects the decision to impact workers' comp cases.
Appellate Court Finds No Physician-Client Relationship in Medical Malpractice Case
In January 2012, the Illinois Appellate Court affirmed a trial court's dismissal of a Complaint on the grounds that Plaintiff failed to establish that Defendant hospital owed a duty to decedent. A nurse at the hospital offered an informal opinion based upon "rather common" symptoms, but the hospital did not conduct any tests, interpret any results or examine the decedent.
Are IMEs Still Viable Given New UR Provisions?
Chris Crawford explains why nothing in new Utitilization Review provisions limits the parameters of an independent medical exam. Section 12 examiners are still allowed to address causation and the reasonableness of medical treatment even with the reforms of the Act.
Discovery, Part I
Dave Collins describes two methods of discovery. Written discovery consists of interrogatories and requests to produce. Discovery also involves obtaining documents and things from third parties. These records are typically subpoenaed.
Loose Lips Sink Ships: Defamation in the Medical Workplace
The decision in Tunca indicates that statements, even when uttered with the best of intentions, must be carefully considered where the listener could be left with an impression of professional negligence. Based on the analysis of the court, any statement bearing on professional negligence is potentially actionable.