Application of the Affirmative Defense of Comparative Negligence in Non-Traditional Scenarios

April 2020

By: Dylan R. Besser

Introduction

Two recent Federal courts interpreted Illinois law regarding the affirmative defense of comparative negligence in unique scenarios outside the typical personal injury lawsuit. The first case involved medical malpractice. Clanton v. United States, 18-3060 (7th Cir. 2019) (“Clanton”). The second case alleged breach of fiduciary duty. Federal Deposit Insurance Corp. v. Chicago Title Insurance Co., No. 12-CV-05198 (Dec. 3, 2019), (“FDIC”), While the defendants in both cases argued that the plaintiff’s own comparative negligence should act as a defense to the plaintiff’s claims, the courts came to different conclusions.

Illinois Supreme Court Holds Primary Jurisdiction No Longer Grants Circuit Courts Authority to Stay Pending Workers’ Compensation Claims

April 2020

The Illinois Supreme Court recently addressed the interplay between circuit courts and the Illinois Workers’ Compensation Commission in the context of an insurance coverage dispute. In West Bend Mutual Insurance Company v. TRRS Corporation, et al., 2019 IL 124690, West Bend filed a declaratory judgment action in circuit court seeking a determination that it owed the petitioner’s employer no coverage for an underlying workers’ compensation claim. West Bend argued the employer failed to give timely notice of the workers’ compensation claim in violation of the policy’s notice requirements.

Which Workers’ Compensation Policy Applies When Two Entities Merge?

April 2020

By: Jeffrey F. Clement

In Ill. Ins. Guar. Fund v. Priority Transp., 2019 IL App (1st) 181454, the Appellate Court of Illinois, First District, was asked to determine a workers’ compensation insurance coverage issue in the instance where two corporate entities entered into a legal merger. The issue came to a head because the workers’ compensation carrier for the original corporation because insolvent. Therefore, the question became whether benefits should be provided under the Illinois Insurance Guarantee Fund (Fund) or by the workers’ compensation carrier of the surviving entity in the merger.

20 Medicare Tips for 2020

January 2020

By: Marina Takagi Cobb, MSCC, CMSP

GENERAL TIPS:

Start early! When preparing an initial analysis of a workers’ compensation claim, keep note of: claimant’s date of birth, Social Security Disability status, and Medicare entitlement date, in order to initiate a Medicare investigation early.

The BCM Medicare Compliance Department is available to assist with any Medicare-related issues throughout the pendency of a claim. Please do not hesitate to contact us at any time during your case. It is never too early or too late!