1. Howard H. Ankin
Ankin Law Office LLC
162 West Grand Avenue
Chicago, Illinois 60654
312.346.8780

2. Will County Forest Preserve District v. IWCC et
al. 2012 Ill. App. 3d 110077WC (3rd Dist. 2012)
 Filed February 17, 2012
 Shoulder injury is now a Person as a Whole, NOT
AN ARM
Maximum PPD Rates
 7/1/10 to 6/30/11 = $669.64
 7/1/11 to 6/30/12 = $695.78

3. 1. Intoxication
2. Repetitive Trauma (Carpal Tunnel)
3. Wage Loss – Section 8(d)1
4. AMA Guidelines
5. Utilization Review
6. Preferred Provider Programs

5. Situations:
 6 Beers at Lunch/Functional Alcoholic
 No Significant Change
 Saturday Night Smoker
 Major Change

6. 1. Follow Drug Test Laws (DUI Defense)
2. Client gets to say if there is medical reason
3. Rebuttable Presumption
 Say what you’ve done and testify at trial.
4. To Blow or Not to Blow…
 If you do not = Rebuttable presumption that you were
intoxicated and that intoxication was the proximate cause
of your injury.

7. New:
- Accident on or after effective
date (6/28/11)
- Accident Date:
1. Last Day Worked.
2. When Shown Medical to Be
Work Related.
3. First Day of Treatment
- Hand = 190 weeks.
- 15% max unless shown by clear
and convincing evidence, up to
30%
Old:
- Hand = 205 weeks.
- Typically 20% awarded, higher
awards possible by
preponderance of evidence.

8.  New
 5 years of benefits or
up to age 67,
whichever is later.
 Old:
 Benefits for the rest of
life per government
life expectancy charts.
TRY THE CASE FOR
AN ODD-LOT TOTAL
PERMANENT

9.  Question of Permanency
 5 Factors Listed
 No Single Factor
Determines it.
 Must have explanation in
written order from Arb.
 Admissibility?
 Take the deposition.
 Who can prepare reports?
 “…in all of its branches.”
 Big Problem in Small Cases
 Tip scales for Arb?
 Reconcile with case law?
 Arm = MAW

12.  Evaluation of healthcare to determine
appropriateness of level and quality of care.
 Treating physician MUST assist.
 Employee must show by preponderance of
evidence.
 Consider with all other evidence.
 Rebuttable presumption of ZERO penalties when
relied upon.
 Depositions of UR:
 Employer must make them available by phone.
 Employer pays.

16.  8.1a: Sets up the PPP
 Must have adequate doctors available at reasonable times and in
reasonable proximity. (Out of state/downstate)
 Employer must provide NOTICE.
 Certified Letter? No Notice = Coverage Disputes?
 Only 3 programs currently set up.
 CorVel, Coventry, HFN
 Change in the 2 Doctor Rule:
 Can opt out of PPP (1st Choice)  2nd opinion DONE
 Must opt out “IN WRITING”, “AT ANY TIME.”
 Panel Doctor sends you to non-panel doctor:
 WC pays but can veto the treatment and send you back to panel.
 Requires hearing before the Commission (Respondent files)
 Choose to go out of network…
 Respondent cannot unreasonably withhold consent.
 Can you get back to the panel? Case law will illustrate.
 Section 12 IME:
 Big Company v. Small Companies

17. 1.1: Conduct (pg. 4)
- Arbitrators/Commissions have standards
4(a)2: Employee Leasing Company (pg. 10)
- Add as additional named insured
4(d): Penalties for No Insurance (pg. 12)
4(b): Collective Bargaining Pilot Program (pg. 25)
8(a): Employer to Pay Necessary Medical (pg.44)
- Required even if accounts receivable transferred.
8.2: Medical Fee Schedule
- Reduced allowable charges.

18. 11: No Recovery for Injury Incurred During
Certain Crimes (pg. 78)
13 and 14: Arbitrators (pg. 82 + 87)
- Licensed to practice law.
- Formal training program.
- 3 per hearing site.
16(b): Gift Ban (pg. 95)
- Nothing exceeding $75 per person/day
- Class A Misdemeanor
18.1: Claims By IWCC Workers (pg. 97)
- Need certified independent Arbitrator

19. Borrowing/Loaning Employers:
- 1(a)4: Admit or deny within 7 days.
Jurisdiction:
- 1(b)2: K made in IL, injury, principally located
- 1(b)3: Exemptions: Real estate broker, Broker-
salesman, salesman paid by commission only.
Burden: Preponderance Of the Evidence: 1(b)3(d)
Automatic Coverage:
- Section 3 (1-20)
Non-Compliance:
- 4(d): Employer not entitled to protection of Act
when not maintaining insurance.
- Injured Workers’ Benefit Fund – Pro rata share

20. Illegally Employed Minors:
- 5(a) and 7(h): 6 month reject Act.  Civil case
- 50% increase in compensation under Act.
Subrogation:
- 5(b): Need consent of employer to waive lien.
Workplace Notice:
- Must post printed notices of insurance
(handbook?)
Firefighter/EMT/Paramedic:
- 6(f): Rebuttable presumption of sicknesses if
worked over 5 years

21. Death Cases:
- 7: Must show dependency, Second Injury Fund
and Rate Adjustment Fund
Credits on Body Parts:
- 8(e)17: deductions from subsequent injuries.
Group Health Insurance:
- 8(j): Hold harmless
Balance Billing:
- 8.2(e): Prohibited. Collection efforts tolled.
Recreational Situations:
- 11: Voluntary: no recovery.

22. IMEs: 12:
- Reimbursement/Mileage
- Right to medical practitioner
Subpoenas:
- 16: Rebuttable presumption of accuracy if
certified.
19(b) Hearings:
- Must have 12 weeks TTD in controversy.
NO LIENS:
- Section 21.

23. IWCC:
- www.iwcc.il.gov
Illinois Worker’s Compensation Act:
- www.iwcc.il.gov/act080811.pdf
Preferred Provider Programs:
- http://insurance.illinois.gov/Consumer/approvedWCPPPList.pdf