3-22-2021; Did You Know There are Two Types of IL WC Death Claims; Whole Lotta Shaking Going On at the IL WC Commission; Shawn Biery WC 101 Webinar Approaches and more
/Synopsis: Did You Know There are Two Kinds of Death Claims in IL WC?
Editor’s comment: As odd as it sounds, it is true. There are two different sorts of claims which involve the death of a claimant in this State. Claims/risk managers need to be aware of how to handle each type of claim.
Section 7 of the IL WC Act
The first and perhaps most logical benefit stream arising from the death of a Claimant is what I have always called a Section 7 claim. For easy reference, such claims arise when a decedent suffers from an accidental injury or disease that is related to their work for the employer/Respondent. Please note such a claim requires the beneficiaries to prove their entitlement under Section 7—there is no “estate” in such claims. The beneficiaries of such benefits don’t get them via heirship; they get them because they qualify under the IL WC Act.
Each year, many workers die as a result of work related accidents throughout the country. The Illinois Workers’ Compensation Act was first created to protect the families of workers following the Cherry Mine Disaster in 1909 that left lots of starving kids and widows. Accordingly, the Illinois Workers’ Compensation Act protects the families of victims of such devastating events by mandating tax-free life-supporting benefits to the victim’s family and dependents.
The first death benefit is the payment of medical bills related to the life-ending injuries or disease. The employer must pay these charges under the IL WC Medical Fee Schedule. A family suffering from such a life-changing and devastating loss are not stuck with mountains of medical bills that may have been incurred during life-saving efforts and intensive care.
The second death benefit that Illinois law mandates is the payment of burial expenses. Illinois law currently requires the employer pay $8,000.00 for these expenses.
The third and final death benefit that Illinois law mandates is a tax-free benefit of weekly compensation. The surviving spouse and children of a worker killed in a work related accident generally are entitled to weekly benefits of 2/3 of the victim’s average weekly wage. There is a high minimum in this State for such benefits and it rises regularly. The benefit may continue for as long as 25 years (and in certain circumstances, even longer). Please note such benefits to a typical spouse and children can be well into the millions—if you are dealing with an IL WC death claim, we invite you to contact the defense team at KCB&A to insure you are paying what is due and also to be sure you aren’t paying what isn’t due.
In the event that a spouse remarries, he or she may be entitled to an immediate two-year lump payment. If that circumstance applies, the weekly death benefits may end. The surviving children are entitled to benefits until they turn 18 years of age. If they are enrolled as a full-time student, they are entitled to benefits until the age of 25. In certain circumstances, dependent parents or other dependents also may be entitled to death benefits.
Please also remember you can seek to settle a Section 7 death claim with a lump sum—there are lots of intricacies in doing so and you will have to bring the settlement to an Arbitrator for their approval. Again, the defense team at KCB&A is expert at handling such compromises and can fully advise you in every possible option to get this done and off your books.
Workplace fatalities are not limited to traumatic events. Workplace fatalities also can be caused by exposures to environmental toxins such as chemicals, radioactive agents, and coal dust. Heart attacks and strokes that lead to death, even in people who may have had preexisting (conditions), are work related if some factor of the victim’s job, such as exposure to extreme temperatures or physical activity, can be said to have caused the heart attack or stroke.
Importantly, for first responders or essential workers that suffer or die from COVID-19, Illinois law presumes such workers got the virus from workplace exposure. The families of these workers are entitled to the same death benefits.
Type Two—the “Other” IL WC Death Claim
The second and possibly confusing-to-newbies IL death claim occurs when someone with a valid IL WC claim passes from causes unrelated to anything to do with their work. This happened during the pendency of a WC claim in an appellate decision called Illinois State Treasurer v. Estate of Kormany.
In Kormany, Claimant suffered an accidental injury that appears to have been valid. Claimant then died of causes unrelated to his workers’ compensation claim. There is no evidence of record that a personal representative was appointed and substituted as the petitioner following Kormany’s death.
Instead, the Application for Adjustment of Claim was amended to substitute the Estate of Kormany as petitioner. When confronted with similar circumstances, Illinois courts have found that the plaintiff’s death suspended the court’s jurisdiction until the appointment of a proper party plaintiff. See Voga v. Voga, (finding that party’s death suspended the trial court’s jurisdiction until the court appointed a proper successor plaintiff); Washington v. Caseyville Health Care Ass’n, (holding that client’s death terminated attorney’s authority and, since there was no plaintiff, the court’s jurisdiction was suspended until a party plaintiff was appointed).
Accordingly, the Appellate Court unanimously held that Kormany’s death suspended the IL WC Commission’s jurisdiction over his claim until such time as a personal representative of Kormany’s estate was properly appointed and substituted as the petitioner. In the absence of such an appointment and substitution, the Commission’s decision was premature and therefore improper. As a result, both the decision of the Commission and the judgment of the circuit court were vacated and things had to start anew.
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Synopsis: Whole Lotta Shaking Going On At the IL WC Commission.
Editor’s comment: We believe this is accurate news on changes at our IWCC.
Commissioner Doug McCarthy retired after stellar service and his post is now vacant.
We have been advised former Commissioner Coppoletti has moved on to other ventures.
Commissioner Stephen Mathis is now taking over the position held by former Commissioner Coppoletti. Commissioner Mathis has been reappointed for 2years.
Commissioner Deborah Simpson has been reappointed for 4 years.
Commissioner Thomas Tyrrell has been reappointed for 2 years.
I am fairly sure but can’t confirm former Arbitrator Robert Harris is now a Commissioner.
I am also pretty sure Deborah Baker is a Commissioner.
Found this on the web:
Name (Last, First)
Term Expires
Member Since
Affiliation
Appointed By
Position
Title
County
Baker, Deborah
1/20/2025
3/19/2021
Democrat
Governor
Member, Labor
Cook
Brennan, Michael
1/16/2023
3/15/2019
Democrat
Governor
Chair, Public
Cook
Doerries, Kathryn
1/16/2023
9/23/2019
Republican
Governor
Member, Business
DuPage
Flores, Barbara
1/20/2025
3/15/2019
Democrat
Governor
Member, Public
Cook
Harris, Christopher
1/20/2025
3/19/2021
Democrat
Governor
Member, Business
Cook
Mathis, Stephen
1/20/2025
2/10/2017
Republican
Governor
Member, Public
Cook
Parker, Marc
1/16/2023
3/15/2019
Democrat
Governor
Member, Labor
Madison
Portela, Maria
1/16/2023
3/15/2019
Independent
Governor
Member, Public
Cook
Simpson, Deborah
1/20/2025
3/6/2017
Republican
Governor
Member, Business
None
Tyrell, Thomas
1/16/2023
2/10/2017
Democrat
Governor
Member, Labor
Cook
There is a bill in Springfield that seeks to tie compensation for all IWCC hearing officers and our Chairman to a percentage of the giant and forever escalating salaries of IL Circuit Court judges. Understanding this State is hilariously broke and getting broker every minute of every day, I can only say with chagrin that making our IL WC hearing officers compensation automatically increase in synchronicity with judicial compensation, we, as a State, will be broker, even faster. That isn’t politics folks, it is simple math. I sometimes feel like the only person in the entire State who says: “Hey folks, we can’t afford that….”
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Workers' Compensation 101: The Basics of Work Comp
Presenter: Shawn Biery
Illinois Workers’ Compensation Defense Attorney, Law Professor & Mediator at Keefe, Campbell, Biery & Associates
Shawn is a veteran workers’ compensation and employment defense attorney who utilizes a lifetime of experience, including Marine Corps experiences conducting desert warfare training, to determine strategies for general litigation defense. He is a member of the Workers’ Compensation Lawyers Association, ABA Advisory Board, and National Council of Self-Insured.
Thursday, April 8, 2021 Noon - 1 pm, Central Standard Time
SIH Work Care invites you to attend a Webex event. This event requires registration. After you register, you'll receive a confirmation email message with instructions on how to join the event.