10-15-2018; Gov. Rauner Reformed IL WC and Doesn't Know It!!--See State of Oregon WC Premium Rate Rankings; IL WC Wage Diff Benefits Will Certainly Change Under Projected IL Governor JB Pritzker

Synopsis: Governor Rauner Truly “Reformed” the IL WC System and Doesn’t Know It!

Editor’s comment: One difficult aspect of being an observer and critic of a government system like workers’ compensation is finding statistically significant sources to allow comparisons between other states’ WC systems and ours. Business and labor always struggle to make sense of whether workers compensation benefits are “appropriate” in level to take care of injured workers. I am constantly asked by clients and potential clients, does the IL WC system encourage investment by businesses and local governments to bring new jobs to this State? For many years, the answer to that has been either an outright no or a cautious maybe. For the first time in decades of watching, I now have good news to report.

In almost four decades of watching and weighing our IL WC system, I am confident the only place we can look to for true statistical significance is the Every-Other-Year Survey of All 50 States and D.C. by the think tank at the State of Oregon Dep’t of Consumer and Business Services. I salute Chris Day and Jay Dotter, the authors of this great study. Their statistical analysis and report was sent to me by a reader and is available on their website right now at

https://www.oregon.gov/dcbs/reports/Documents/general/prem-sum/18-2082.pdf

I have attached it to this email also. I hope your spam blocker didn’t block it.

If you look, you will note Illinois WC Insurance Premium Ranking is 22d among the 50 States and D.C. If you carefully review it, you will note our sister state to the north, Wisconsin is higher in costs than us at 11th place with an index rate of 2.02. In short, the Cheesehead WC system is lots higher for their businesses and local governments than ours. In contrast, Missouri is at 27th and Michigan is at 37th. Yes, Kevin Boyle, our KCB&A IN WC defense team leader wants me to confirm for all of my readers the IN WC still is a bottom-feeder at 50th place. If a U.S. business doesn’t care much about their injured workers, IN may be the right place to move to. I assure you Kevin Boyle can help you navigate the system and save big bucks. That said, I will comment more on IN WC below.

Why Doesn’t Governor Rauner Appear to Know of His Success of Bringing IL WC Benefits to the Middle of the Pack?

I am closely watching the Governor’s Race. His website makes no mention of this very new national WC rating.

I have been carefully watching our Governor who I have met at least twice. He initially and blindly wanted IL WC legislative “reforms” that wouldn’t have reformed anything and might have made our benefit system more expansive and expensive at the same time. I hope the State Chamber or someone put the kibosh on those plans. I don’t know what changed his mind but he did refocus to make the new reforms work.

If you read my blog from three-four years ago, I assure you I forecast precisely what happened—Governor Rauner didn’t need new laws for WC reform, he needed new administrators who were intent on making the system more professional, more fair and one that adhered to common sense principles of WC law. Not sure how but he got it done and the new administrators/hearing officers are great. Long may they wave—I mean--keep their positions.

My worry for IL business right now is the Democrats are poised to make this a one-party State like Chicago is a one-party city. “Democracy” in both Illinois and Chicago is gone with the wind, folks. Please assume the party in power will continue to consolidate their winnings and render the opposition empty and worthless. Starting shortly, the statewide “election” to watch will be the Democratic primary because no one is going to invest in or vote for a State Republican candidate that will have no chance of winning. I am not happy to report this; my problem is no media outlet is admitting this is where this State is certain to be after this hilariously one-sided election. I strongly predict a Democrat landslide for all Statewide and legislative positions.

Summary on the Oregon WC Premium Rate Ranking

Please note my thoughts, as a defense attorney and observer, this survey documents our State is wonderfully positioned just above the middle of the pack in WC premium costs for the U.S. In my humble view, that is a great place to be. I hope we can stay there. Why do I feel this way?

Businesses and our IL State Chamber can’t beef that our IL WC benefits are staggeringly high and are driving jobs out of state. They no longer are high—they are mid-stream and fair. If you aren’t sure, under Blagojevich-now-in-prison, we rose to number 3 in the country which caused a lot of consternation in the IL business community and sent a lot of folks packing with jobs that won’t ever be back.

On the other side, IL Labor can’t beef our IL WC benefits are low and don’t provide enough money for real work accidents and real injuries. By definition, our IL WC benefits are moderate and reasonable when compared to other states, particularly most of our sister states. If you compare IL WC benefits to the IN WC system, I can demonstrate how painfully low IN is in compensating for serious injuries and fatalities. In my view, their WC premiums are low due to embarrassingly low work-injury benefits.

I strongly hope our Democrat legislative team sees the value in keeping IL workers’ comp in the middle and out of the controversy that would come with being very low or very high as compared to other State WC systems. I strongly hope we don’t see our soon-to-be new chubby Governor Pritzker start bringing in liberal and radical administrators who will spike IL WC costs and bring us back to the headlines for silly WC rulings and runaway costs.

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

Synopsis: Please Note IL WC Wage Diff Benefits Will Certainly Change Under Projected IL Governor JB Pritzker.

Editor’s comment: JB Pritzker is leading by double-digits, folks. In my view, our new Governor- to-be JB Pritzker promises two important things—higher income taxes and a higher IL minimum wage that may be $15 per hour. To put this into place, he is going to want to present legislation as soon after the election as possible so you and I forgive and forget the fury about the higher income tax thing.

Illinois Statewide Minimum Wage Will Almost Double Shortly After Gov Election Goes To Pritzker

Candidate Pritzker is leading the election polls and appears to be a lock to win. What are called “Republicans-Against-Winning” have their goofy splinter candidate running in a fashion that can only insure he and his silly supporters block Gov Rauner’s efforts to keep his job. It is one of the oddest things about the Republican party in this nutty state. They are almost proud to empower IL State Democrats in a vain effort to maintain their supposed “purity” on one minor issue to which they are eternally devoted. Happy to explain this phenomenon further if you want it—send a reply.

In my seasoned and veteran view, as fast as JB Pritzker wins the election in about four weeks, we will see new income taxes and a $15 per hour minimum wage bill hit the IL House and Senate. I assure you this new law is going to change the IL WC system in several ways.

First, full-time workers at any level across our state will be making something like $600 a week making their TTD rate about $400 and PPD rate about $360. That is going to cost WC insurers and self-insured employers more money in WC benefits. Those higher costs are unavoidable once the minimum wage is hiked.

Next, this new higher wage is going to drive many companies to automate many jobs. We have already seen McDonald’s put in kiosks to have customers automatically order food and allow them to lay off some workers. They are going to be matched by dozens of other companies in lots of industries.

Further, my sister is an exec at a supply company that has minimum wage workers in this state customize and assemble supply orders for shipping to clients. She has advised they are already in the process of moving that work to other states—once moved, those jobs won’t be back. That is going to impact lots and lots of folks and will eventually impact the IL WC system.

Finally, please note any IL WC claim involving pending wage loss differential benefits will need to be re-reserved as the higher minimum wage is certain to lower wage loss outcomes. If a worker can locate a full-time job, they will be making no less than $15 per hour in this State. That will forever limit wage loss diff claims for all but the best paid tradesmen/women.

I had an insurance broker ask why Claimant attorneys still seem to think the minimum wage will be less than $10 per hour. I assure you that thinking is erroneous. The reason Plaintiff-Petitioner attorneys are still asking for wage loss settlements as if the minimum wage will remain low is because they want more money from you. Their job is to represent their clients and not give you the 411 on the projected IL minimum wage. Don’t be taken advantage of—reply or call me to discuss.

Please put current wage loss diff settlements on hold for about sixty days. If you want further information or advice on this, send me a reply. I may save you thousands of bucks, if you do so.

Synopsis: The Importance of Surveillance in IL WC—My vote for your next surveillance job is Dean Gluth of Infomax.

Editor’s comment: IL WC Defense is characterized by one interesting concept—there is little formal pre-trial “discovery” to allow the parties to get a sense of the other side’s claim. One way to get defense information on a moderate to major IL WC claim is surveillance. Even surveillance the provides a normal picture of Claimant can be helpful, if the injured worker comes in to whine, whine and whine some more during a pre-trial or trial about their post-injury condition. If surveillance documents recovery or MMI to full duty, you may have a winner.

The best IL surveillance maven is easy to locate—Dean Gluth of Infomax. if you have the ability to hire him within your WC insurance protocols, consider doing so. I have seen numerous WC claims across the country turn in the employer’s favor when good surveillance protocols, like those used by Dean Gluth, are followed.  Please also remember if surveillance documents an injured worker who truly appears to be suffering from the effects of a serious injury, you have done your job to document, document, document your file to justify the ongoing payment of benefits. My vote—if a worker is off work for six months or more, consider calling Dean Gluth to insure you are paying benefits when benefits are due.

Dean Gluth does solid work and holds all the appropriate certifications. He can be reached at:

"The Super Sleuth"
Licensed Private Detective (IL, IN, WI)
InfoMAX Investigations, Inc.
P.O. Box 681175
Schaumburg, IL 60168
office (847)301-1475
cell (847)833-0717

* Board Member (Member At Large)  NCISS (National Council of Investigation & Security Services)
* Board Member  ADSAI (Associated Detectives & Security Agencies of Illinois)
* Member  INSPI (Indiana Society of Professional Investigators)
* Member  IAPI (Indiana Association of Professional Investigators)
* Member  PAWLI (Professional Association of Wisconsin Licensed Investigators)
* Member  ILAPPS (Illinois Association of Professional Process Servers)
* Member  Illinois Chamber of Commerce (and on their Illinois WC Reform Committee)
* Board Member  IDFPR (Illinois Department of Financial & Professional Regulation)

Featured Event:

IL Workers' Compensation

Preferred Provider Program with Shawn Biery, J.D.

Tuesday | October 30th, 2018

11:00am - 12:30pm

Join the Illinois Chamber and Shawn R. Biery from Keefe, Campbell, Biery & Associates for a webinar on October 30, 2018 to learn about Preferred Provider Programs as they relate to Illinois Workers’ Compensation.

Shawn will summarize the language of the Illinois WC Act and the path of PPPs in Illinois from legislation to implementation and current updates. Learn the potential impact on Workers’ Compensation if you join a PPP and potential strategies to increase your ability to manage workers’ compensation claims and navigate the medical issues which create much of the stress and drama involved with workers’ compensation.

Register Here

10-8-2018; Can IL WC Move to Create a WC Muni Department to Insure Small Claims Move Faster?; Use Surveillance in the Right Claim--Consider Dean Gluth of InfoMax and more

Synopsis: The Problem with Little IL WC Claims Continues to Grow—What Can We Do To Make Sense of Little/Low Budget but Bona Fide Claims?

Editor’s Comment: I promise defense firms, like KCB&A are seeing this much more than Petitioner firms. That said, all of the components of the IL WC system are starting to feel the pressure of handling small claims smoothly and in a cost-effective fashion. What I am sure is happening is the Petitioner/Plaintiff Bar knows the math on smaller settlements—let’s say under $10,000 in total reserves. We have seen Petitioner-Plaintiff firms start to stall and stall to insure our self-insured employers and WC insurance carriers pay more money to get simple stuff closed.

Is Such a Claims Strategy Unethical?

I will let you decide. The IL Supreme Court Rules prohibit an attorney from stalling during litigation to gain an advantage. I have also seen lots of attorneys censured, sanctioned or suspended for letting civil claims sit for a year or two. I am also sure there are lots of IL WC Claimant lawyers who stall and stall and stall and get mad if you tell them to stop stalling and put the claim to a hearing.

In contrast to rapid movement of IL WC claims, I am sure there is a central IL litigator who routinely allows his IL claims sit for three, five, seven or more years without any action. His never-ending mantra is “I need to get medical records, your honor.”

If that happened in the central IL circuit courts, judges would routinely dismiss the claims and never reinstate. The IWCC arbitrators and Commissioners don’t truly “wink” at such handling but they occasionally but rarely put down the hammer to send the needed message to that attorney and others to get their claims ready and off the docket in three years or less. The bigger problem arises when a small claim isn’t worth $5,000 and Claimant’s counsel won’t settle or try the claim solely to make such claims painful for the carrier or employer.

Gene’s Thoughts on Small IL WC Claims That Sit Forever.

I assure my readers there needs to be a requirement our IL WC claims are “large” or “small.” Right now, the Muni Courts in Cook County separate claims under $30K to a special docket that handles them well. Judges and litigants in the Muni courts know they have a simple requirement—get your claims and litigation to end in a year or so.

The worry I now have is JB Pritzker who is almost certain to be elected in less than a month. He is going to hire new administrators that may let claims sit for decades—Pritzker’s goal is to award the Plaintiff-bar for their support for his nutty candidacy.

Why Is Such Fast-Track Administrative Handling Important for Both Sides in the IL WC Matrix?

Well, it isn’t hard to fathom. If you have a claim for a broken pinky toe, the best way for a Claimant lawyer to make it more valuable is to quietly STALL. The longer the claim goes, the more money the insurance carrier or self-insured employer will invest to get rid of it and take it off their docket. Defense counsels are made to look like they have no control while claims wait to go over the “red line” at two-and-a-half years. That is exactly how the IL WC system is NOT supposed to work. The idea is to insure certainty of benefits and fair payment of medical bills, lost time and permanency/impairment. Lawyers shouldn’t be allowed to maximize value of small claims by stalling.

We urge the IWCC to consider creating a small claims and large claims system to make sense of handling of such litigation. There is no reason a soft-tissue back strain should sit for three years or more. We need to get folks to MMI and then back to work and move the claim forward.

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

Synopsis: The Importance of Surveillance in IL WC—My vote for your next surveillance job is Dean Gluth of Infomax.

Editor’s comment: IL WC Defense is characterized by one interesting concept—there is little formal pre-trial “discovery” to allow the parties to get a sense of the other side’s claim. One way to get defense information on a moderate to major IL WC claim is surveillance. Even surveillance the provides a normal picture of Claimant can be helpful, if the injured worker comes in to whine, whine and whine some more during a pre-trial or trial about their post-injury condition. If surveillance documents recovery or MMI to full duty, you may have a winner.

The best IL surveillance maven is easy to locate—Dean Gluth of Infomax. if you have the ability to hire him within your WC insurance protocols, consider doing so.

I have seen numerous WC claims across the country turn in the employer’s favor when good surveillance protocols, like those used by Dean Gluth, are followed.  Please also remember if surveillance documents an injured worker who truly appears to be suffering from the effects of a serious injury, you have done your job to document, document, document your file to justify the ongoing payment of benefits. My vote—if a worker is off work for six months or more, consider calling Dean Gluth to insure you are paying benefits when benefits are due.

Dean Gluth does solid work and holds all the appropriate certifications.

"The Super Sleuth"
Licensed Private Detective (IL, IN, WI)
InfoMAX Investigations, Inc.
P.O. Box 681175
Schaumburg, IL 60168
office (847)301-1475
cell (847)833-0717

* Board Member (Member At Large)  NCISS (National Council of Investigation & Security Services)
* Board Member  ADSAI (Associated Detectives & Security Agencies of Illinois)
* Member  INSPI (Indiana Society of Professional Investigators)
* Member  IAPI (Indiana Association of Professional Investigators)
* Member  PAWLI (Professional Association of Wisconsin Licensed Investigators)
* Member  ILAPPS (Illinois Association of Professional Process Servers)
* Member  Illinois Chamber of Commerce (and on their Illinois WC Reform Committee)
* Board Member  IDFPR (Illinois Department of Financial & Professional Regulation)

Dean Gluth

President / Licensed Private Detective (IL, IN & WI) InfoMAX Investigations, Inc.

Schaumburg, Illinois

Featured Event:

IL Workers' Compensation

Preferred Provider Program with Shawn Biery, J.D.

Tuesday | October 30th, 2018

11:00am - 12:30pm

Join the Illinois Chamber and Shawn R. Biery from Keefe, Campbell, Biery & Associates for a webinar on October 30, 2018 to learn about Preferred Provider Programs as they relate to Illinois Workers’ Compensation.

Shawn will summarize the language of the Illinois WC Act and the path of PPPs in Illinois from legislation to implementation and current updates. Learn the potential impact on Workers’ Compensation if you join a PPP and potential strategies to increase your ability to manage workers’ compensation claims and navigate the medical issues which create much of the stress and drama involved with workers’ compensation.

Register Here

10-1-2018; Trying to Make Sense of Nonsense, Part Last; John Karis on PTSD Denial for Firefighter; Shawn Biery Webinar on IL WC PPP's and more

Synopsis: Trying to Make Sense of Nonsense; Part Last.

Editor’s comment: Following up on last week’s KCB&A Update article on how crazy the coming statewide election is, someone told me IL State and local gov’t workers are hard-working family people and deserve more respect. I have trouble respecting folks that have to know they are bankrupting our State and local governments when they retire to become wildly wealthy, similar to the gov’t workers causing financial havoc in the Country of Greece and Puerto Rico.

Another reader sent me a simple outline of what is causing the State of Illinois to move inexorably to much, much higher taxes while still inevitably approaching all-out bankruptcy and financial catastrophe. In my view, our State still has billions in billions in unpaid bills from vendors—that means the State is “bankrupt” even though it hasn’t and can’t technically file for what we all understand “bankruptcy” to be. A business that isn’t paying its bills is arguably “bankrupt” by my definition of the term. Please also note State of Illinois gov’t debt is well into the hundreds of billions and may get to a trillion in debt because there is no stopping simple math.

I characterize Illinois State and local government pensions as “fake” because there is no hope, none, that any participant contributes anything like the amount they recover from the fake gov’t pension plans if they live five years after retirement. The system is designed to make innocent folks like my readers think there is something like a Fort Knox of pension money that is being used to pay these fake pensions—in fact, the fake pension money is coming from current tax dollars and more and more demands on current tax dollars will be made. I always remember how folks became infuriated with gov’t welfare because it was some citizens getting something for nothing. I assure you fake gov’t pensions mean thousands of retired gov’t workers are getting something, actually billions, for nothing.

If you take a look at this safe link:

http://www.taxpayereducation.org/wp-content/uploads/2018/06/2018-100k-4.pdf

You will note there are literally thousands of former State and local workers who are legally being paid billions from our current tax dollars in retirement when they contributed only a fraction of their eventual payout into Illinois fake government pension programs. That math continues to rise and rise as more folks hasten into gov’t retirement to lavish in guaranteed annual fake pension increases. When working for State gov’t, you aren’t guaranteed raises—when you retire, you are. When working for State gov’t, you pay state taxes. When you retire, you don’t.

For one example of a fake gov’t pension, please take a look at Henry S. Bangser who was the Superintendent of New Trier Schools back in the day. You will note his entire fake pension contribution to become vested was about $336K. His current fake gov’t pension payout to date is $3,069,328 or almost ten times his contributions. His projected lifetime payout is just under $10M or about thirty times his contributions. I strongly urge my readers to note former superintendent and now California resident Bangser isn’t breaking any law—he is simply and legally taking full advantage of his advantage in collecting our tax dollars, as he may do for thirty-forty more years. If he lives long enough, simple math will dictate his annual fake pension payout will inevitably double and quadruple to over a million a year.

Why Aren’t the Election Candidates Talking About This Hilarious Situation?

As I have told my readers repeatedly, these pension participants and the next generation of such participants is a giant voting bloc that will organize and seek to vote out anyone who threatens their impossible-to-fund fake gov’t pensions.

What Does This Mean to Illinois Workers’ Comp?

My main concern is when the higher income tax promised by the leading gubernatorial candidate JB Pritzker hits, businesses and jobs will leave the State, never to return. Treasure Island Food Store by me in Wilmette just closed all their stores. Most of the north suburbs of Chicago are seeing jobs and small to mid-sized businesses shuttering. When and if JB Pritzker gets a constitutional amendment to allow him to impose a graduated and regressive income tax, more jobs and businesses are sure to leave. Real estate taxes are hurting the sales of mid- to big homes and commercial buildings.

My main concern with JB Pritzker becoming Governor is the lack of anyone blocking IL State Democrats who can and will do whatever they can to make this an even more one-party state, like the City of Chicago has been basically forever. One-party gov’ts aren’t good in a democracy.

That said, I can’t say much about Gov. Rauner’s current election bid. It seems like he made every mistake, error and goof anyone could possibly make in what might be the most difficult job in State government. He did a solid job bringing in moderate and very professional hearing officers at the IWCC. I am forecasting JB Pritzker isn’t going to do nearly the same level of hiring.

Noting Illinois jobs are fleeing our nutty State, I will be interested to watch to the end of the year to see if the IL WC system has 40,000 new filings in 2018. While claims continue to drop, the IWCC keeps adding more and more staff. Watch this space for news as it comes in.

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

Synopsis: IL Appellate Court Finds No link to Between Firefighter’s Claim of PTSD and His Duties. Research and analysis by John Karis, J.D.

Editor’s comment: The First District Appellate Court recently affirmed the decision of a Pension Board denying line-of-duty disability to a firefighter claiming his PTSD was caused by his work duties. We feel this ruling and article is required reading for anyone defending a PTSD claim in this State.

In the case of Covello v. Village of Schaumburg Firefighters' Pension Fund, Steven Covello (Covello) was a firefighter/paramedic in the Village’s fire department. When Covello was hired, he passed a physical and psychological exam required by the Village. Before beginning his career as a firefighter with the Village, Covello never received psychological or psychiatric treatment for any condition

Beginning in October 2007 and throughout the remainder of Covello’s career as a firefighter, Dr. Thomas Dennison, a psychiatrist, treated Covello for anxiety, depression, irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), hoarding, stuttering, and obsessive compulsive disorder. Dr. Dennison treated Covello’s IBS, GERD, and stuttering conditions with medicine and also prescribed an antidepressant. Covello would generally see Dr. Dennison anywhere from once a month to once every three months depending on his level of stress and anxiety.

During the first five years of treatment, Covello did not discuss any issues involving work with Dr. Dennison, and he did not express any work-related anxiety. In fact, during a treatment session in 2009, Covello mentioned that his fellow firefighters were his major support system. During these sessions, Covello instead talked about various personal issues, including his relationship with his son, his broken engagement, his mother’s death, as well as his hoarding tendencies, which grew worse over the years. Because of his numerous issues, Dr. Dennison had over the years recommended Covello see a counselor, but Covello failed to follow this advice.

Over his 18-year career as a firefighter, Covello responded to numerous calls involving gruesome injuries, and some of the victims that he attempted to save died. But on November 1, 2008, Covello responded to an “officer down” call that came in at around 11 p.m. involving Officer Frank Russo of the Village’s police department. Because both Covello and Officer Russo worked for the Village, they got to know each other when they responded to the same calls, but they did not socialize outside of work. Covello transported Officer Russo in the ambulance to the hospital where he was later pronounced dead.

Later on, Covello had a work related injury involving his abdomen and was eventually cleared for surgery and had his hernia repaired on October 30, 2013. On October 25, 2013, days before Covello’s hernia surgery, he filed an application for line-of-duty disability pension benefits under the Firefighters’ Pension Fund of the Illinois Pension Code. He alternatively applied for nonduty disability pension benefits. On his disability application, Covello listed November 1, 2008, the date he responded to the call involving Officer Russo as his date of injury. Covello listed PTSD as the reason for his disability. The Village was allowed to intervene in the proceedings based on its status as Covello’s employer and a fiduciary charged with the proper expenditure of pension funds.

The Pension Board held Covello’s disability hearing on November 20, 2015, and January 22, 2016. During the hearing, Covello recounted several on-duty calls involving motorcycle and automobile accidents that he found traumatic. In one accident, a woman in an automobile was crushed by a semi-truck, and he had to put her scalp back together. Covello blamed himself and felt responsible when a patient did not survive. Covello also discussed the call involving Officer Russo.

On April 20, 2016, the Pension Board issued its written decision and awarded Covello a nonduty disability pension of 50% of his salary. The Pension Board explained that it did not find a link between Covello’s disability and an act of duty but did find that he was permanently disabled from service as a result of conditions that were not caused by any act of duty.

On May 19, 2016, Covello filed a complaint for administrative review under the Illinois Administrative Review Law, requesting the circuit court find that he was entitled to line-of-duty disability pension benefits and to grant his motion that was not expressly ruled on by the Board to modify the pension’s effective date from December 5, 2014, to February 13, 2015. The circuit court affirmed the Pension Board’s finding that Covello was not entitled to a line-of-duty disability pension because he failed to demonstrate that an on duty act contributed to his permanent disability.

Covello appealed the final decision denying line-of-duty disability pension benefits entered by the Pension Fund. On review, Covello claimed the Pension Board applied the wrong standard in weighing the evidence because the standard is not whether an act of duty was the sole or primary cause of his disability but whether an act of duty was a contributing cause of his disability.

The Appellate Court affirmed the circuit court’s decision noting although Covello during the pension hearing recounted various calls that were indisputably traumatic, he identified the incident involving Officer Russo as the cause of his PTSD on his disability application. Importantly, Covello did not identify any other incidents on his application, either individually or cumulatively, as contributing to his PTSD. The court further noted even if they were to consider the numerous traumatic calls that Covello undoubtedly responded to throughout his career, there was no evidence they triggered PTSD or aggravated Covello’s preexisting mental health issues. Specifically, Covello (1) never mentioned any anxiety or stress triggered by an onduty call to either his supervisors or Dr. Dennison, (2) always completed his shifts, (3) never missed a shift following a call, and (4) continued to receive favorable performance evaluations.

It is well known that firefighters and other first responders are repeatedly exposed to stressful and gruesome events. However this appellate court decision shows us this is not enough to qualify for a duty disability. There needs to be a specific event or a series of events that triggers the disability and evidence that shows that was truly the cause. 

This article was researched and written by John Karis, JD. You can reach John 24/7/365 for questions about general liability, employment law and workers’ compensation at jkaris@keefe-law.com.

Featured Event:

IL Workers' Compensation

Preferred Provider Program

Tuesday | October 30th, 2018

11:00am - 12:30pm

Join the Illinois Chamber and Shawn R. Biery from Keefe, Campbell, Biery & Associates for a webinar on October 30, 2018 to learn about Preferred Provider Programs as they relate to Illinois Workers’ Compensation.

Shawn will summarize the language of the Illinois WC Act and the path of PPPs in Illinois from legislation to implementation and current updates. Learn the potential impact on Workers’ Compensation if you join a PPP and potential strategies to increase your ability to manage workers’ compensation claims and navigate the medical issues which create much of the stress and drama involved with workers’ compensation.

Register Here