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July 2010
- Ganan & Shapiro, P.C. |
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January 2010
- Interstate Scaffolding Case |
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We have had unprecedented inquiries from
clients and others in the workers'
compensation community regarding last weeks
Illinois Supreme Court decision in the
Interstate Scaffolding case. I have attached
our reasoned opinion regarding the impact of
this decision by the Court to order the
resumption of TTD benefits to an employee
working light duty who was terminated for
what the employer felt to be justifiable
cause.
When you read our attached review you will
see we have attempted to provide you with
bullet points which we hope will give some
guidance in determining whether TTD should
be reinstated should you find yourself in a
similar factual situation.
We are hopeful that we will come across a
claim, and a factual situation, wherein an
employee on a light duty job commits an
act so egregious that we would feel
comfortable going up to the Appellate or
Supreme Court alleging that the action
constitutes a constructive refusal of light
duty, or even better a constructive
termination of employment. Examples would be
stealing merchandise or money from the
employer, physical threats, or refusal to
perform an assigned task.
As always, if our analysis raises questions
do not hesitate to call or write.
Cliff Ganan |
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November 2009
- Ganan & Shapiro, P.C. |
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None at this time
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