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Partner and founder Michael Inman, of the Chicago firm Inman & Fitzgibbons, Ltd., has been representing respondents in Illinois workers' compensation claims since 1979. He is well known in the workers' compensation legal community.

Below is an article entitled: The Anatomy of a Workers' Compensation Claim. We hope you will find it helpful. If you would like to discuss a case, please contact our office.

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The Anatomy of a Workers' Compensation Claim

1. Application for Adjustment of Claim filed with Illinois Workers' Compensation Commission (IWCC)
   
   
2. The IWCC will mail out a Notice of Hearing form to the employer notifying the employer that an Application for Adjustment of Claim has been filed by the petitioner. The Notice of Hearing will contain the case number, the date of accident and the date and time the case is set for initial status on a particular Arbitrator's trial call.
   
   
3. The case will be continued every two months or until some specific action is taken by the petitioner or the respondent, such as a Motion for Trial.
   
   
4. Cases that have aged and are "above the line" (3 years after filing date) on the Arbitrator's Trial Call list must proceed to trial during the Arbitrator's trial cycle or the case will be dismissed without good cause being shown for a continuance.
   
   
5. Cases ready for trial may be heard by the Arbitrator on dates granted by him during his trial call.
   
   
6. Hearings (trial). Hearings begin each morning at approximately 9:00 a.m. during the Arbitrator's trial cycle. Most cases will settle prior to trial. All those who want to proceed to trial must submit completed trial stipulation forms (Request for Hearing) to the Arbitrator (usually first come first served although Petitions for Immediate Hearings get priority).
   
   
7. After the trial, the attorneys prepare a proposed Memorandum of Decision of Arbitrator which must be filed with the Arbitrator within 12 days after the trial.
   
   
8. The Arbitrator will render his Memorandum of Decision of Arbitrator.
   
   
9. Upon receipt of the Arbitrator's Decision, the petitioner and respondent have 30 days to file a Petition for Review of Decision of Arbitrator, if they want to appeal.
   
   
10. If a Petition for Review is filed, the case will be assigned to a Commissioner.
    
    
11. Oral arguments before a three-member panel of Commissioners will occur if same is requested by the attorneys.
    
    
12. The Commissioners will issue their decision affirming, reversing or modifying the Arbitrator's decision.
    
    
13. Upon receipt of the Illinois Workers' Compensation Commission Decision and Opinion on Review, the petitioner and respondent have 20 days to file and appeal in the appropriate Circuit Court venue.
    
    

More Articles: Anatomy of a Compensation Claim Representing a Respondent [10/24/2006] Supreme Court “Hands” Victory Back to Repetitive Trauma Claimant [04/07/2006] New Case on Mental Stress Favorable to Employers

For more information, please contact: Michael Inman Inman & Fitzgibbons, Ltd. 33 North Dearborn Street Suite 1825 Chicago, Illinois 60602 (312) 422-0550