The Industrial Commission must determine who the aggressor was

Workers’ Compensation Law, June 2004 Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission,in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).

When is a circuit court order final and appealable?

Workers’ Compensation Law, June 2004 Where the Arbitrator and Industrial Commission find that the Petitioner is entitled to TTD, medical and an award of PPD equal to 45 percent maw, and the circuit court reverses and remands for a finding consistent with its opinion that the Petitioner is permanently and totally disabled, the circuit court’s order is interlocutory and an appeal can not be perfected to the appellate court until after the claim has been heard on remand by the Industrial Commission.

Petitioner elects his remedy

Workers’ Compensation Law, September 2003 The appellate court recently released a unanimous decision in Payetta v. Industrial Commission, 274 Ill.Dec. 590 2nd District (June 17, 2003).

Who was the aggressor?

Workers’ Compensation Law, September 2003 In Sandra Franklin v. Industrial Commission, 274 Ill.Dec 760 1st District (June 4, 2003), the appellate court in a 3-2 decision reversed and remanded the case to the Industrial Commission with the instruction that the Industrial Commission determine which party was the aggressor.