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Welcome to the Illinois Self-Insurers Association
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ISIA Defends Denial of Benefits for Employee Fired 'For Cause'
By: Richard A. Kimnach
Updated: June 30, 2009
The Appellate Court recently ruled that an employee, fired for reasons unrelated to his industrial injury or his workers� compensation claim, might not be entitled to additional TTD or �maintenance� benefits. Interstate Scaffolding, Inc. v. Workers� Compensation Commission, 385 Ill. App. 3d 1040, 1049, 896 N.E.2d 1132 (3d Dist. 2008). Before his termination, the claimant there had returned to light-duty work; he was receiving �maintenance� to supplement his reduced wages. He was fired for painting graffiti on company property. The Appellate Court determined that, under such circumstances, the claimant was not entitled to either TTD or �maintenance� after his discharge.
The Illinois Supreme Court, however, granted the injured worker leave to appeal. He has since submitted his brief. So, too, has the Illinois Trial Lawyers Association [�ITLA�]. It filed a Brief Amicus Curiae in support of the worker�s claim � and in opposition to the Appellate Court�s ruling.
On June 17, 2009 the ISIA filed a motion to file a Brief Amicus Curiae in support of the employer�s position. It also submitted a Brief � with the hope that the Supreme Court would grant its motion. That Brief, in essence, asserts that injured workers have a duty to mitigate damages, and employers should not suffer additional liability when there employees suffer additional economic loss as a result of their own misconduct.
Download Amicus Motion in PDFDownload Amicus Brief in PDF |
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Self-Insureds Battle RICO Application
Updated: June 12, 2009
The ISIA is proud to announce that we filed a Brief Amicus Curiae in support of Petitioner's Writ Statutory of the United States Supreme Court on the case of Cassens Transport v. Paul Brown, et al. We are hopeful that the U.S. Supreme Court will accept this case and overturn the Six Circuit's Decision allowing claimants to proceed under the civil RICO provisions against an employer and others who are involved in claims management. Below please find the Six Circuit's Decision as well as our Amicus Curiae Brief, written by Richard A. Kimnach.
- Christopher J. Gibbons
Download Six Circuit Decision in PDFDownload Brief Amici Curiae in PDF |
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