The plight of a workers’ comp case | Pittsburgh Post-Gazette

Post-Gazette.com – In July 2008, Joshua Gartland, 33, moved back into his mother’s Westmoreland County home. He had run away at age 15, started using drugs a year later and struggled with addiction from then on. As a result, he had many medical problems, and in 2007 one of his legs had to be amputated because of necrotizing fasciitis — a flesh-eating bacterial infection — and he required dialysis for kidney failure. His mother, Laura O’Rourke, then-59, of North Huntingdon, agreed to allow him to move back into her home and become his paid caregiver as part of an arrangement through Three Rivers Center for Independent Living. In that role, she was responsible for bathing him, preparing his meals, changing his dressings and all other aspects of his care. Less than a year later, on April 11, 2009, Gartland

Source: The plight of a workers’ comp case | Pittsburgh Post-Gazette

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Very unusual case. I believe Illinois courts would rule in favor of the mother who is was the caregiver based on her job duties. However, in Illinois some caregivers who work through the State are not considered to be employees.

How Do You Get Future Medical Treatment in Illinois Work Comp?

It is possible to obtain future medical treatment for your Illinois work related injury; it just is not easy.

Most cases that are settled end all medical treatment. When you read the contract it is clear that it does not allow for any future treatment once your case is over.

For instance, if you injure your knee on the job, have surgery and then settle your case, the result is that any need for future injections or surgery is on you.

The reason is that insurance companies do not want to be responsible for some unknown bill that may extend far into the future.

You can ask the insurance company to leave medical open, however it is very rare for the work comp insurance company to agree.

If the company will not agree to leave medical open, then you can take your case to trial. If you win the cases it leaves open the potential for future medical. You still must prove that your future medical need is related to the original work injury. The insurance company will have potential defenses such as another unrelated injury, arthritis related to aging, or unknown causes of your problem.

The advantage of settlement is you know what you are getting and you get the money sooner. The disadvantage is that it closes out the possibility of future medical treatment.

Questions about your work injury? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

Fox Lake cop death to be ruled suicide: sources | Chicago Sun-Times

In a stunning turn of events, Lake County officials are expected to announce Wednesday that the death of Fox Lake Police Lt. Charles Joseph Gliniewicz was a suicide related to personal issues and an ongoing law enforcement investigation of him, sources said.

Source: Fox Lake cop death to be ruled suicide: sources | Chicago Sun-Times

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Obviously, a very tragic situation. Does raise the issue of an Illinois Workers’ Compensation death claim if you can prove that it was caused by someone else.

Traveling Employees: Work Comp Claims for Jetsetters

The issue of traveling employees is a cause for concern when managing workers’ compensation claims.  Addressing issues of injury compensability when dealing with these claims can be difficult for even the most seasoned member of the claims management team.     A General Rule: Portal to Portal Coverage   The law regarding traveling employee varies […]

Source: Traveling Employees: Work Comp Claims for Jetsetters

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Traveling employees are essentially covered for any injuries while on their trip.

Southwest flight makes emergency landing at LAX after passenger ‘choked’ woman – LA Times

An altercation between two passengers on a Southwest plane forced a San Francisco-bound flight to turn around and make an emergency landing in Los Angeles on Sunday night, airport officials said.

Source: Southwest flight makes emergency landing at LAX after passenger ‘choked’ woman – LA Times

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Passenger can certainly sue the attacking passenger for assault. If passenger attacks flight attendant, then flight attendant can sue for workers’ compensation and sue the attacker.