February 2026; The Epitome of Stupidity--Illinois WC "Odd Lot" Total and Permanent Claims; Shawn Biery with New Updated IL WC Rate Chart and more

Synopsis: The Epitome of Stupidity--Illinois WC "Odd Lot" Total and Permanent Claims Get Worse and May Even Have Caused the Demise of this Long-time IL Employer.

Editor’s comment: I write with all candor and respect for our various hearing offices but it is hard to make sense of “nonsense.”

Please note this is another sad example of a completely made-up work comp term. I say that because the words “odd lot” don’t appear in the IL WC Act or Rules. There are various other States that appear to have it or at least discuss it—Wyoming, Nevada and New Jersey. I giggle at the Wyoming “odd lot” ruling that claims the “odd lot” doctrine is a “common law vehicle” allowing injured workers to obtain permanent total disability benefits even when they aren’t permanently totally disabled!! 

Please note workers comp systems, across the globe—in the U.S. and elsewhere are statutory systems—workers get what the statute provides and no less and certainly no more. That is the Great Trade-off that led to the establishment of work comp in many states. WC in our State followed the Cherry, Illinois mine catastrophe back in 1909. In short, a worker in our State isn’t supposed to be getting “common law” WC benefits whatever that might mean.

We Tell Everyone in IL WC Who Will Listen—NEVER Pay for or Authorize an FCE (Functional Capacity Evaluation).

Claimant in this matter suffered injury to his shoulder. He underwent surgical revision to one shoulder—that is not an uncommon thing for someone of this truck driver’s age and social circumstance. Rather than consider other surgeries, a treater recommended an FCE and the employer/carrier sadly approved it. The FCE effectively “cut the baby in half” to find Claimant was at medium level from the waist down and sedentary level from the waist up!!! 

At this point, I want to emphasize Claimant had one surgery to one shoulder. I consider the FCE to be completely worthless and scientifically hilarious as a permanent statement of this person’s life—it is a two-hour snapshot of this Claimant.  I restate my view; this Petitioner clearly can and should be working doing something of value. He is not a cripple or handicapped person.

It also appears the CRC or Certified Rehabilitation Counselor in this claim was challenged—he provided counseling that didn’t result in a job for over a year. In your claims, please note the work of a CRC has to have a beginning, middle and an end. In my view, if you keep a CRC engaged endlessly, you are starting to prove the other side’s case.

Please also note there was one CRC in this claim—the sad and weird aspect of Illinois law and jurisprudence is the Commission and reviewing courts don’t appear unbiased when they take on the role of advocates for the worker because someone has to overcome the sole and uncontroverted CRC’s testimony.

I would guess-timate there are literally thousands of sedentary jobs across our State right now. Our IL minimum wage is also one of the highest in the U.S. If you go to www.indeed.com orwww.glassdoor.com such positions are plentiful. Claimant was a 30+ year truck driver and has to have transferable skills. I cannot imagine why he couldn't drive an Uber? or Lyft?, as he clearly was able to drive his personal vehicle.

Why Is This So Alarming?

The bottom line on this claim is simple—the value of an operated shoulder in IL Work Com is $20,000-50,000. The value of a total and permanent disability is life-time and can go well into the millions. In short, this Claimant may receive Illinois high T&P benefit for decades to come. The Illinois WC Commission used to take a stronger look at awarding T&P benefits but maybe that is ending—we will have to wait and see.

The claimant in this case, as in other alleged “odd-lot” disability claims, is not unemployable at all. In my view, he is very employable based upon unanimous medical and vocational expert testimony. Under such circumstances, we believe no claimant should ever be deemed permanently disabled at a huge cost to Illinois business and municipal bodies. We know of no other state workers’ compensation system which affords lifetime disability benefits to a claimant who is medically cleared to work by his entire team of doctors. Only in Illinois!

What does this all mean for your biggest wage differential claims? Claim handlers and risk managers must beware of the otherwise employable claimant with permanent restrictions who trudges along with an “unsuccessful” job search for too long. After six or seven months, if no work is secured, aggressive Petitioner’s attorneys will turn your own vocational efforts against you with a claim of “odd lot” disability, simply because the claimant has had no luck finding work. You need to ramp up decision-making and documentation with your voc specialists.

Bad News On Top of More Bad News

You may note the Illinois trucking company, Standard Forwarding, for whom this driver worked was in business in Illinois for 91 years. At the end of 2025, they threw in the towel and closed up shop. I can’t say workers’ comp was the sole cause of the demise of the business but when a Claimant with one surgery to one shoulder gets millions in WC benefits, many businesses both close and leave the State for warmer business climates.

If you want solid defense advice and talent to help you with your “odd lot” T&P claims, send a reply.

We appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Welcome to 2026—IL WC BENEFIT RATES CONTINUE HIGHER — SHAWN BIERY’S UPDATED IL WC RATE SHEETS AVAILABLE FOR ACCURATE WC RATES AND RESERVING!!! 

Editor’s comment: The IWCC has posted a new max TTD rate of over $2,000 per week going into 2026 and max PPD RATE is growing higher, at $1,084.66 and that rate is retroactive to July 1, 2025—UPDATE YOUR RESERVES!

Illinois WC rates have updated again, and as they do in January of each year, the PPD Max retroactively updates, so please be aware of the New IL WC Rates or your claims handling will suffer & penalties may ensue. Please also note that the IL State Min Wage is $15 per hour and $9 per hour for tipped workers. This is the minimum wage for workers 18 years and older, or workers under 18 who work more than 650 hours in a calendar year—this is important in IL WC wage differential claims. Different rates apply in Chicago and Cook County, with Chicago's $16.60/hour (for larger employers) and Cook County's $15.00/hour continuing.https://labor.illinois.gov/laws-rules/fls/minimum-wage-law.html

We have gone green, but you can still get a Complimentary Email Copy ofShawn R. Biery’s Updated IL WC Rate-Sheet! You can also send any questions to Shawn at sbiery@keefe-law.com

As we have mentioned in the past, since the 1980’s, the IL WC Act provides a formula which effectively ensures no matter how poor the IL economy is doing, WC rates continue to climb.

As we indicate above, rising minimum wages will strip value from Illinois’ expensive wage loss differential claims. We feel reserves and settlements need to reflect the legislative boost to anyone who has any job. If you aren’t sure how this works, send a reply to Shawn atsbiery@keefe-law.com

We caution our readers to pay attention to the fact the IL WC statutory maximum PPD rate is$1,084.66. However, this rate is retroactive to July 1, 2025 even though published in January 2026. Since this rate did change retroactively from July 1, 2025, you need to check your reserves for cases with accident dates post July 1, 2025!!!!.  If you don’t make the change, your reserves will be incorrect--if this isn’t clear, send a reply.

The current TTD weekly maximum has risen to $2,008.60. An IL worker who earns over $3,012.90 per week or $156,670.80 per year will hit the new IL WC maximum TTD rate.

For WC Death Benefits: The new IL WC minimum is closing in on a million dollar floor at $979,225 over 25 years for surviving widows/widowers. That amount is 25 years of compensation or $753.25 per week x 52 weeks in a year x 25 years. The new maximum IL WC death benefit is over $2.5 million at the max ($2,611,180) over 25 years of benefits, plus burial benefits of $8K. IL WC death benefits are paid for 1,300 weeks—in contrast, IN WC death benefits are paid for 500 weeks.

IL WC death benefits also come with annual COLA increases which we feel can potentially make Illinois the highest in the U.S. for WC death claims—again if you aren’t sure about this issue, send a reply to Shawn. It is also possible to settle IL WC death benefits for a discounted lump sum—again, if you have interest, send a reply to Shawn.

The best way to make sense of all of this is to get Shawn Biery’s colorful, updated and easy-to-understand IL WC Rate Sheet.  AND you can also send any questions to Shawn at sbiery@keefe-law.com    

We appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Illinois WC Mileage to and from IME’s are now 72.5 cents a mile for year 2026.

Editor’s comment: A long ago posted IL WC Appellate ruling uses this level for IME mileage and we have advised clients on many occasions; it is not worth the money to fight over it.

If Claimant is out of state, you should only owe mileage during the miles they are in the State.

On a different front, I recommend all clients avoid paying mileage to normal medical office visits or physical/occ therapy because there is no provision in the IL WC Act and Rules that requires it.

If you start to pay mileage to treaters, what starts as a bad habit may turn into something bigger.

If you aren’t sure what I mean, send a reply or call me.