July 2010 - Ganan & Shapiro, P.C.
January 2010 - Interstate Scaffolding Case
  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

November 2009 - Ganan & Shapiro, P.C.

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None at this time