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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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Archives for November 2017

November 17, 2017 by admin

Illinois – Motions for New Trial – Jury’s Verdict Was Not Against Manifest Weight of Evidence

Appellate Court of Illinois, First District, FIRST DIVISION. Guiseppina DIFRANCO and Eugenio DiFranco, Plaintiffs–Appellants, v. Constance KUSAR, Defendant–Appellee. No. 1–16–0533 November 6, 2017 Appeal from the Circuit Court of Cook County, No. 13 L 6288, The Honorable Edward S. Harmening, Judge Presiding. OPINION PRESIDING JUSTICE PIERCE delivered the judgment of the court, with opinion. *1 ¶ 1 Guiseppina Read More »

Filed Under: Articles

November 17, 2017 by admin

Illinois – Negligence – Constructive Notice Of Dangerous Condition

Appellate Court of Illinois, First District, Fifth Division.   LINH PHUNG HOANG NGUYEN, Plaintiff–Appellant, v. NHUTAM LAM and Hung Lam, Defendants–Appellees. No. 1–16–1272 Opinion filed November 3, 2017 Appeal from the Circuit Court of Cook County. No. 14 L 9403, Honorable Eileen M. Brewer, Judge, presiding. OPINION JUSTICE LAMPKIN delivered the judgment of the court, with opinion. *1 ¶ 1 Read More »

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November 17, 2017 by admin

Torts — Workers’ compensation immunity — Plaintiff who elected exemption from workers’ compensation coverage as a corporate officer of sub-subcontractor could not properly maintain a tort action against contractor and subcontractor for injuries sustained in the course and scope of employment — Trial court properly entered summary judgment for defendants in plaintiff’s tort action

42 Fla. L. Weekly D2441aTop of Form Torts — Workers’ compensation immunity — Plaintiff who elected exemption from workers’ compensation coverage as a corporate officer of sub-subcontractor could not properly maintain a tort action against contractor and subcontractor for injuries sustained in the course and scope of employment — Trial court properly entered summary judgment Read More »

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November 17, 2017 by admin

Workers’ compensation — Attorney’s fees — Late payment of temporary disability benefits — Presumption of mailing — Where claimant received benefits three months after they were due and two months after petition for benefits was received because earlier issued checks went missing and were never being received by claimant, it was error for judge of compensation claims to deny claimant award of attorney’s fees and costs on basis of rebuttable presumption of mailing, which provides that mail properly addressed, stamped, and mailed was received by the addressee

  42 Fla. L. Weekly D2438bTop of Form Workers’ compensation — Attorney’s fees — Late payment of temporary disability benefits — Presumption of mailing — Where claimant received benefits three months after they were due and two months after petition for benefits was received because earlier issued checks went missing and were never being received Read More »

Filed Under: Articles

November 17, 2017 by admin

Jurisdiction — Service of process — Substitute — Trial court erred in denying motion to quash service of process where amended affidavit of substitute service did not provide name of person upon whom service was made, as required by statute — Objection to personal jurisdiction not waived by filing motion to dismiss and motion for protective order after trial court entered written order denying motion to quash and ordering defendant to answer complaint and respond to outstanding discovery

42 Fla. L. Weekly D2413aTop of Form Jurisdiction — Service of process — Substitute — Trial court erred in denying motion to quash service of process where amended affidavit of substitute service did not provide name of person upon whom service was made, as required by statute — Objection to personal jurisdiction not waived by Read More »

Filed Under: Articles

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