September 2011



Keep your eyes open for more Utilization Review of medical treatment for injured workers in Illinois.

Utilization Review is another medical provider looking over your doctor or chiropractor’s shoulder and telling them whether your treatment is reasonable and necessary. This is supposedly based on national standards.

The change to the Illinois Work Comp law gives the employers more rights in relying on the Utilization Review.

If the employer uses Utilization Review it requires the injured worker’s medical provider to provide timely and complete reports to support their requests for the treatment. If they do not, then you cannot require Work Comp to pay.

In light of the Utilization Review, medical bills can be denied on the grounds that the extent and scope of medical treatment is excessive and unnecessary.

When Utilization Review denies treatment the burden of proof shifts to the injured worker to prove by a preponderance of the evidence that the treatment is reasonable.

The Illinois Workers’ Compensation Commission is required to weigh all the evidence, including the Utilization Review opinion.

What all this means for the injured worker is:

Most likely the Employer will order more Utilization Review;

More weight will be given to the Utilization Review; and

More treatment will be denied to injured workers.

If you get notice of a utilization review, then you need to contact a lawyer immediately.

Questions about your Work Comp case? Feel free to call Illinois Work Comp Attorney Dirk May at 309-827-4371.

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Judge: Records decision met time limit in workers compensation case – Workers comp investigation – bnd.com.

Click on this link to read Belleville News Democrat article regarding disclosure of workers’ compensation records.


The new Illinois Workers’ Compensation law changes the way carpal tunnel cases are assessed.

The hand is now only worth 190 weeks versus 205 weeks. This means the percentage is based on 190 weeks.

The most that can be awarded is 15 percent of the hand for carpal tunnel cases. This equals 28.5 weeks

The only exception is if you can prove greater disability by clear and convincing evidence. At that the maximum award is 30 percent of the hand. This equals 57 weeks.

Clear and convincing evidence is going to be a pretty high standard.

This should keep the value of carpal tunnel cases down quite a bit.

Questions about your work injury? Feel free to contact Illinois Work Comp Lawyer Dirk May at 309-827-4371.

Armed robber strikes at Bloomington KFC.

In Illinois, injuries suffered as a result of a crime are considered workers’ compensation.

Oklahoma AG charges 2 with workers comp. fraud | CanadianBusiness.com.

Following Workers’ Compensation activity throughout the country.


The Illinois Workers’ Compensation Act has changed the way wage differentials are calculated.

A wage differential is when your injury keeps you from working your old job, and the only work you can perform pays you at a lower rate.

The old law paid you the difference between the old and new job times 66 percent for the rest of your life.

Depending on your age and the wage difference this could amount to a large amount of money over your lifetime.

The new law provides that for injuries on or after September 1, 2011 you are only entitled to the wage differential until you reach age 67 or 5 years after the award becomes final, whichever is later.

This will result in lower settlements and awards.

Questions about your work injury, and the new law? Feel free to call Illinois Work Comp Attorney Dirk May at 309-827-4371.

ATV accident kills eastern Missouri man – Missouri | State & regional – bnd.com.

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