October 31, 2018

10-30-2018; Democracy “Fail” in IL in A Week; Will The IL WC System Survive What is Soon a One-Party State?; Two Non-Profit WC Risk Pools Legally Attack Opioid Pipeline to IL Workers by Matt Wrigley

October 31, 2018/ Eugene Keefe

Synopsis: Democracy “Fail” in Illinois in One Week; Will The IL WC System Survive in What is Soon To Be a One-Party State?

Editor’s comment: When I say Democracy in this State is soon to be a “Fail,” I mean we are only going to have one-party politics, like Chicago has had for several generations. The dominance of the Democratic Party along with the bumbling of our Republican party is leading to a massive landslide for the Donkey folks in just one week from today.

I recall the IL WC system used to be wildly political. IL Arbitrators served only while their party was in power in Springfield—the minute that changed after an election, they quickly knew to resign and would typically go to their political patrons for other positions or, worse yet, they might have to take a private sector position where one might actually have to show up and work. At some point, a wise person provided civil service protections for our work comp hearing officers which was designed to make them somewhat insulated from the politics of the day. In one of the oddest things I can remember, a political reformer, Democrat Governor Pat Quinn stripped away that protection and made the Arbitrators strongly political again because they now serve at the behest of the Governor and political party in power.

Why Is This Potentially The Worst State-Wide Election of Our Lives?

Illinois citizens just went through four confusing years with current Governor Bruce Rauner. Rauner is, in my view, a well-intentioned reformer who does not like the unusual situation in Illinois where taxpayers live our lives subject to the unending financial demands of the government workers who are supposed to be working for us. I suggest you read that prior sentence one more time and try to make sense of it. In short, I feel Illinois taxpayers have completely lost any control of our way-too-numerous state/local governments. In short, I feel we work for them, they don’t work for us any more. I don’t know if or how to get our government workers to return to be our employees but I am sure we stand out from most of the other United States, as being so powerless to do anything to reform this situation.

I just read an analysis from a trusted source who confirmed whopping 94,000 government workers in Illinois earn or receive as fake gov’t pensions, over $100,000 each year. Many of those workers are paid more than our Governor! This same report confirmed there is a husband and wife running an IL community college who bring home $690,000 every year! It is my strong belief such workers don’t “vote” in elections to see who will be the best dogcatcher or mosquito abater. These gov’t millionaires vote and organize other voters with one thought in mind—maintain and increase their salaries and fake gov’t pensions. In my mind, that is democracy and “elections” at their worst.

How Did IL Taxpayers Lose Control of Illinois Governments?

Well, please note the State of Illinois has no term limits for executive and legislative jobs. The lack of term limits slowly but surely made the Speaker of the Illinois House Michael Madigan virtually omnipotent. He reports to no one, never tells you or me of his political agenda and no one can openly tell him anything. Speaker Madigan, by my count, has made several billions as a long-time participant in our phony Cook County real estate tax “appeals” where real estate owners are hoodwinked into dealing with a laughingly flawed assessment process that should be immediately replaced if anyone would use the computing power in a normal cell phone to get accurate real estate taxes set. Send a reply if you want me to explain that one. Don’t hold your breath waiting for our elected leaders to reform RE tax appeals because they would lose billions, literally billions to do so.

Speaker Madigan has been in his legislative position for almost half a century. He was first elected to the House way back in 1971. He has carefully and scrupulously worked with his staff and supporters to unquestionably gerrymander voting districts to turn this State into a one-party system, similar to the political morass we have in one-party Chicago that is teetering on the edge of a coming and certain financial catastrophe. I might not have a problem with a one-party political system if the system was effective and efficient. IL State governments are not even sort of effective or efficient and if no one sets some limits we may some day be a trillion dollars in debt. Not kidding, it is simple math.

Under Madigan’s aegis, our IL State Government workers are overstaffed, over-compensated and worst of all—“over-retired.” If you want examples of overstaffed and overpaid, send a reply, as I don’t want to fill this page with all the inefficiencies and silliness I still see in IL gov’t that Gov. Rauner barely touched. In my opinion, no one is watching the till, gov’t waste is abundant and while we haven’t been watching, the mice have been playing. As to “over-retired,” I have published a link demonstrating the comically expensive fake IL State pensions that allow our legislators and judges and most gov’t workers to barely contribute 1-5% of the overall cost of their lifetime multi-million-dollar fake gov’t pensions. These former workers are receiving billions each year in current tax dollars—the concept of IL gov’t retirement being a “pension” is laughable and ludicrous. Right now, one in four of our current State tax dollars are being spent on retired gov’t workers that don’t work for us any more. We basically owe them from “cradle to grave”—we pay their salaries when they are hired and continue to pay them fake gov’t pensions from our tax dollars after they quit. Our children and their grandchildren and great-grandchildren will keep paying taxes to cover current IL gov’t workers.

Does Anyone Care About a One-Party “Democracy?” Doesn’t Democracy Contemplate Opposing Forces and Views?

Right now, the Chubby JB Pritzker landslide is coming. In a week, all current and former gov’t workers across our State will vote as a unit to protect their jobs, fake gov’t pensions and effectively “free” lifetime group healthcare. All the polls are pointing to a gigantic double-digit win for Pritzker and the government workers and others who support him. We can expect Chubby JB is going to rapidly make marijuana legal from an IL state perspective and raise the minimum wage as high as he possibly can—he has promised he will work to make it $15 per hour. Chubby JB has also promised he is going to rapidly raise the IL income tax on a “temporary” or two-year basis while he works to get a constitutional amendment to install an unfair and business-killing graduated income tax. Illinoisans can be sure to have the highest income, sales and real estate tax load in the U.S. and no one seems to care. The oddest thing in any election I have ever seen in my life is Chubby JB isn’t telling you, Crain’s Chicago Business or any IL taxpayer how much the “temporary” income tax increase is going to be or how much the graduated income tax is going to pinch. I can’t believe our media isn’t demanding answers! All we can be sure of is these tax increases are going to be put into place literally as fast as they possibly can in the hope that taxpayers/voters will have lots of time to forget about it.

What Does All This Mean to IL Work Comp?

As I told you last week the current IWCC administration has taken great strides to return this State to the middle of the pack of all the United States and DC—we are now 22d. I consider this a monumental WC improvement for our businesses and local governments. The problem I foresee is what I started with above. We will soon have a single-party State government with no checks or balances. If Chubby JB and his team want to oust every sitting WC Commissioner and Arbitrator, they can do so without anything to stop them. The politically empowered Claimant attorneys across this State always want “bang for their buck”—they are going to again openly or quietly caution hearing officers not to write rulings unfavorable to them. They will also seek to replace those who aren’t listening closely.

We may again see cockamamie IL WC theories where everything and anything can be an “accident” and no one has to stop treating endlessly and return to work. Doctors and other healthcare givers are poised to sue Illinois employers and insurance carriers in Circuit Court to create an impossible “double-venue” legal morass over pricing and payment of WC medical bills. In short, we may rapidly return to the awful days at the IWCC under Blago-In-Prison where IL WC Commission ruling after ruling came down for Petitioners and our State quickly rose to be the 3d most expensive for WC premiums in the U.S. We can be sure ITLA will then blame the high premiums on evil insurance conglomerates—what a hoot!!

In my view, if we hit Illinois’ business and you and me with

The U.S. highest income, sales and real estate tax load and
Doctors and hospitals start suing them in Circuit Court over pricing and payment of WC medical bills and
Then heap wildly high work comp costs on businesses and local governments

We need to ask the last business to leave Illinois to turn out the lights when they go. I hope the Dems understand how important this is as they ride the landslide into gov’t office.

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

Synopsis: Two Non-Profit WC Risk Pools Legally Attack Opioid Pipeline to IL Workers. Analysis and research by Matt Wrigley, J.D.

Editor’s Comment: On October 15, 2018, two Illinois-based nonprofit risk pools which provide more than 203 public entities with workers' compensation and employee healthcare insurance filed a 217-page Complaint and Demand for Jury Trial in the Chancery Division of the Circuit Court of Cook County against 31 opioid manufacturers, distributors, professional associations, and prescribers. It is the first opioid lawsuit brought by insurance risk pools in Illinois. Intergovernmental Risk Management Agency and Intergovernmental Personnel Benefit Cooperative v. Purdue Pharma L.P., Purdue Pharma, Purdue Frederick Company, et. al., 2018 CH 12828.

Intergovernmental Risk Management Agency (IRMA) and Intergovernmental Personnel Benefit Cooperative (IPBC) seek injunctive relief and financial compensation from these defendants to recoup costs resulting from alleged over-prescription and abuse of opioid medication. IPBC's costs include vast expenditures on hospitalizations due to overdose, addiction treatment services, and overdose reversal medications, while IRMA has paid millions of dollars in cases involving injured workers who were unnecessarily given long-term opioid prescriptions to treat chronic pain.

IRMA was founded in 1979 as the first municipal risk pool in Illinois. IRMA provides comprehensive risk management services, including workers’ compensation coverage, for 72 municipal groups in northeastern Illinois. IPBC is a public risk entity pool established in 1979 by Chicago area municipalities. IPBC administers some or all of the personnel benefit programs offered by participating members to employees and retirees, which include medical & dental payments and life insurance.

The lawsuit asserts opioid manufacturers, including Purdue Pharma, Allergan, and Teva, engaged in aggressive and deceptive marketing campaigns. The lawsuit also alleges distributors including AmerisourceBergen, Cardinal Health, and McKesson failed to act as gatekeepers against overprescribing the addictive narcotics.

Plaintiffs’ also claim professional organizations including Chicago-based American Academy of Pain Medicine and American Pain Society deceptively promoted the use of opioids for chronic pain management. Finally, the Complaint alleges Paul Madison, M.D., and Joseph Giacchino, M.D., operated “pill mills” which provided opioids to anyone who came through the door of their clinic.

The lawsuit alleges in 2015 eight million opioid prescriptions were filled in Illinois, which was the equivalent of 60 prescriptions per 100 people. Officials from IPBC claim its costs include expenditures on hospitalizations from overdoses, addiction treatment, an overdose reversal medications. Representatives from IRMA claim millions of dollars in expenditures due to cases involving injured workers who were unnecessarily provided long-term opioid prescriptions for chronic pain.

This article was researched and written by Matt Wrigley, J.D. who is licensed to practice law in both IL and MI. He can be reached 24/7 at mwrigley@keefe-law.com.

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

October 23, 2018

10-22-2018; Shawn Biery on OSHA Interp of Drug Testing/Safety Incentives; Kevin Boyle on IN WC Update--Must Read and more

October 23, 2018/ Eugene Keefe

Synopsis: OSHA provides “Standard Interpretation” clarifying the Obama-era guidance which circumscribed post-incident drug testing and prohibited incentive programs. Research and Analysis by Shawn R. Biery, J.D., MSCC.

Editor’s comment: We have regularly fielded questions regarding the post-incident drug testing guidance which was implemented, clarified, paused, re-clarified, and as confusing as any of the guidelines which seemed to fly in the face of actual common sense safety enforcement in the workplace.

https://www.osha.gov/laws-regs/standardinterpretations/2018-10-11 is a welcome clarification of OSHA’s 2016 retaliation rule which left employers uncertain about what programs were permissible and whether they would face citations for long-standing safety programs aimed at encouraging safe behaviors and reducing injury rates.

This new clarification intends to “to clarify the Department’s position that [the rule] does not prohibit workplace safety incentive programs or post-incident drug testing. The Department believes that many employers who implement safety incentive programs and/or conduct post-incident drug testing do so to promote workplace safety and health.”

It goes on to follow the same suggestion we have been providing for years in that the clarification explains that “evidence that the employer consistently enforces legitimate work rules (whether or not an injury or illness is reported) would demonstrate that the employer is serious about creating a culture of safety, not just the appearance of reducing rates.”

Post-incident drug testing policies and safety incentive programs will be considered retaliatory and unlawful only where they seek “to penalize an employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health.” Properly formulated and lawful post-incident drug testing policies and safety incentive programs will be permitted and will not result in OSHA citations.

OSHA’s position on post-incident drug testing has been confusing to employers who already had enough to deal with in the face of investigating workplace safety incidents. The Standard Interpretation clarifies that “most instances of workplace drug testing are permissible,” including:

Random drug testing;
Drug testing unrelated to the reporting of a work-related injury or illness;
Drug testing under a state workers’ compensation law;
Drug testing under other federal law, such as a U.S. Department of Transportation rule;
Drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees.

It should be noted, if the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.

Accordingly, employers may lawfully implement, random drug testing programs, DOT drug testing programs, drug testing programs under a Collective Bargaining Agreement, and post-incident (also “post-accident”) drug-testing programs. AGAIN—Post-incident drug testing should be conducted consistently on any employee whose conduct may have contributed to the accident, and not merely the employee who was injured in an accident. OSHA reiterates that employers may not use a post-injury drug testing program, which the Agency views as retaliatory and also exposes employers to worker’s compensation retaliation tort claims.

Because Illinois has an Intoxication section in the IL WC Act, most instances in which an employer seeks a post-accident test should be permissible. As noted, only in cases where seeking the test appears to be retaliatory would such testing be impermissible.

OSHA Also Permits Safety Incentive Programs

The Standard Interpretation also reverses course on the 2016 retaliation regulation’s prohibition of safety programs. With limited adjustments, OSHA now permits employers to bring back reporting-based safety programs, which the Standard Interpretation lauds as an “important tool to promote workplace safety and health.” The Standard Interpretation permits a program which offers a prize or bonus at the end of an injury-free month. OSHA’s new position thus permits employers to bring back bonuses, meals and prizes and also permits programs which evaluate managers based on their work unit’s lack of injuries.

It is important to pay attention to the conditions in which you can lawfully implement such a safety program. The employer must implement “adequate precautions” to ensure that employees feel free to report an injury or illness and are not discouraged from reporting. According to OSHA, a mere statement that employees are encouraged to report and will not face retaliation is insufficient.

Employers need to undertake their choice of additional “adequate precautions,” such as:

An incentive program which rewards employees for identifying unsafe conditions in the workplace; or
A training program for all employees to reinforce reporting rights and responsibilities and emphasizes the employer’s non-retaliation policy; or
A mechanism for accurately evaluating employees’ willingness to report injuries and illnesses.

It will likely be important to detail your permitted and encouraged safety incentive programs to verify you intend to reward employees for identifying unsafe conditions in the workplace. It is also important to conduct brief training on reporting illnesses and injuries, which may be as easy as a current employee seminar and then adding similar info to your initial orientation for new hires. The “mechanism for accurately evaluating employees willingness to report” may be a variety of options including either a regularly scheduled safety meeting, or a random questionnaire on employee willingness to report injuries and illnesses.

We suggest reviewing your prior programs and considering re-implementation or adoption of both of these drug screen and safety programs which historically do appear to be effective at reducing workplace injury rates.

This article was researched and written by Shawn R. Biery, JD, MSCC. For any questions regarding these or other important issues, you can contact Shawn at sbiery@keefe-law.com.

Synopsis: Two Updates on Indiana Worker’s Compensation. This is a “Must Read.” Comment by Kevin Boyle, Our Indiana WC Team Leader at Keefe Campbell Biery & Associates, LLC.

Editor’s comment:

Faster Section 15 Approvals After IWCB’s New E-Filing Procedures.

I am happy to report that the IWCB’s switch in the past months from paper-filing Section 15s to e-filing seems to be working great for us and our clients. We’re achieving much faster Approval turn-around times now that we can directly submit the Section 15s to the judges. If you aren’t getting faster Approvals now, let me know.

Also, I can pass the new efficiencies on to you. I am generally able to prepare draft Section 15s within 24 hours. If your current Indiana counsel can’t do that, give me a try soon.

Please also remember that the new e-filing procedures are just for Section 15s and not for 1043s or other filing which still must be submitted in paper form and mailed.

New Lower Indiana Worker’s Compensation Rates Effective 1-1-2019.

The Indiana Department of Insurance just announced lower workers’ compensation rates paid by businesses will take effect on January 1, 2019. The recently approved reduction averages 7.6 percent and will save businesses about $63 million. The IDI says Indiana workers’ compensation rates have been on a downward trend for several years because of fewer worker injuries.

Also, growing Indiana payrolls create a larger base for collecting premiums, and that also contributes to the lower rates. It still makes sense to do business in Indiana.

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

October 15, 2018

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

October 15, 2018/ Eugene Keefe

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)