Blog Authors

Latest from KCBA Blog

Synopsis: Please join John Campbell with Keefe, Campbell, Biery & Associates and Brian DeBias with ExamWorks  on Wednesday, September 16th for an online educational webinar on Illinois House 5228. Editor’s comment:  They will review Key Changes & Practical Impact. What every WC Claims Manager and Risk Manager Needs to Know about this unprecedented change to IL WC law and practice.   Space is filling fast–Click here to REGISTERUpdate On Illinois House Bill 5228    Synopsis: Odd Ruling from IL Appellate Workers’ Comp Panel about Section 8(a-3). We feel Illinois WC has to be one of the few States where our hearing offices are challenged to…
Continue Reading September 2026; Please join John Campbell of KCBA and Brian DeBias of ExamWorks for a webinar on HB 5228; Odd IL WC Appellate Ruling About Counting to 2 and more

Synopsis: Strong IL Appellate Court Ruling Outlining Appropriate Analysis of Recovery for IL WC Lien Claimants.
Editor’s comment: This is a strong and unanimous statement by this Appellate Court relating to IL WC lien recovery. It is a must-read for anyone handling such matters. From what I can tell, it appears to be an appellate-level fight over approximately $5,000!!

In Larsen v. Vaid, a police officer was injured in a 2017 on-duty automobile accident and received workers’ compensation benefits totaling $399,930.16 from IRMA, the Intergovernmental Risk Management Association, her employer’s workers’ compensation administrator. Claimant Vaid later settled her civil action…
Continue Reading July 2026; IL Appellate Court Clarifies Calculation of Litigation Costs in WC Lien Recovery; IL and Chicago Minimum Wage Increases Change Reserves on Wage Diff Claims and more

Synopsis: Legislative Alert!!!Illinois Lawmakers Fiddle with the IL Workers’ Compensation Act. IL WC Medical Defenses Now More Perilous for Illinois Employers. Thoughts and Research by John P. Campbell and Eugene F. Keefe
The Illinois General Assembly recently passed House Bill 5228, introducing significant changes to the Illinois Workers’ Compensation Act. These revisions will greatly impact how employers, claims professionals, and attorneys on both sides manage and defend claims in this state, as explained below. This will not become law unless and until the Governor signs it—he has 60 days to do so.
Editor’s Comment: Every five or six years we…
Continue Reading June 2026; New Legislative Changes to IL WC Act Arrive; New Odd Strategy Claimant Attorneys May be Trying to Rein in IME sites and more

Synopsis: Illinois WC Appellate Solid Ruling on Disputed Work-Related Death of “Traveler” Leaves Us Guessing… Subway v. IL WC Commission.  Editor’s comment: First, the term “traveling employee” isn’t defined anywhere in the IL WC Act or Rules. The IWCC and courts can interpret it, as they feel it best. Typically, the lack of statutory direction means we are going to see unexpected outcomes related to indefinable “travelers” when such cases reach our usually liberal IL WC reviewing court. Welcome to the People’s Republic of Illinois, as my old friend would say. This ruling is less than liberal and is crystal clear to your editor. Does…
Continue Reading April 2026; Disputed Work-Related Death of "Traveler" Reviewed; AI and Workers Comp and more

Synopsis: Shocking IL WC Claims Where Our IL Courts Don’t Treat Them as WC Claims!!Editor’s Comment: As we reported last October 2025, in Rivas V. Benny’s Prime Chophouse LLC, Claimant was at work, ate food from his employer and sadly passed away at work. Turns out he was very allergic to sea food. You may note his widow probably didn’t get a dime in IL WC death benefits because to accept such benefits would change the course of the litigation that almost certainly was driven by the widow’s counsel into the common law courts.Please also note Decedent passed in 2010. While the widow…
Continue Reading March 2026; Happy St. Patrick's Day to All; Some IL WC Claims Are Now Being Treated as Common Law or even Criminal Law Claims; Tim O'Gorman on a Interesting Fall-Down Claim 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…
Continue Reading 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: New Illinois legislation will expand WC coverage “presumptions” to hospital security staff to shockingly include Conditions of Daily Life, like hearing aids. Editor’s comment: Are they really going to kill the IL WC Golden Goose? If the IL legislature turns everything into a presumption of IL WC coverage to make it impossible to dispute, what will we need hearing officers and Claimant lawyers for? Please also note “Conditions of Life” are things like thinning hair, beer bellies, fallen arches and baldness, etc. Hearing loss is unquestionably and typically a Condition of Life. Thousands of folks in the U.S. need hearing aids—the NIH says 7-8 per cent of…
Continue Reading 1-10-2026; Are they going to kill the IL WC Golden Goose?; New IME mileage rates for IL WC IME's and more

Synopsis: Doctor-Shopping IL WC Claimant Gets Half a Loaf of Benefits. Editor’s comment: My strongest recommendation in handling claims (and Claimants) such as this is to implement and stick to UR or utilization reviewwhen a man or woman is making an IL WC claim and treating and treating and treating some more. UR in the IL WC Act has presumptive value, if the rules setting it up are closely followed. Please note IME’s were used in this claim and did not slow Claimant from seeking a kaleidoscope of worthless and expensive medical care with doctor after doctor after doctor. Guess what,…
Continue Reading December 2025; Doctor-Shopping Claimant Gets Half a Loaf of Benefits; Masseuse Gets "Rubbed the Wrong Way" by IL WC Decisions and more

Synopsis: Has the IL WC Defense Group Painted Itself into a Corner? Editor’s comment: We are now seeing, in claim after claim, a new and exasperating concept—almost every member of the IL WC Claimant bar is now asking for and/or demanding “permanency” for any claimant whose treating doctor will state they are a “candidate” for future surgery or other poorly defined future medical care. The reason I put “permanency” into quotes is John/Jane Q. Public aren’t “permanently” disabled when they haven’t had a proposed surgery but might, just might need a second, third or more surgery at some remote and untargeted…
Continue Reading 11-10-25; Has the Illinois Work Comp Defense Group Painted Itself into a Corner? Changes Proposed for IL WC Burial Benefit and more

Synopsis: What the heck is “Beneficial Ownership Information” and what is a “BOI Report”? Every U.S. company/LLC/corporation has to file this by January 1stWe are somewhat perplexed that this new federally mandated corporate reporting has not been more widely discussed in business and legal circles, yet most businesses throughout the country are required to comply by January 1, 2025. With less than 90 days before the reporting deadline, we wanted to be sure you, our subscribers, clients, and any friends or family with businesses are aware of this new layer of government red tape and avoid the potential penalties for…
Continue Reading 10-31-2024;; Beneficial Ownership by John Campbell, JD; Illinois Supreme Court Expands Wrongful Death Claims by Bradley Smith, JD and more

Synopsis: Happy New Year to You and All Friends of the Firm!!! Editor’s comment: It is hard to believe 2024 is coming to a close but we keep on fighting the good fight for Illinois Employers, Insurance Carriers and Government Bodies in the Workers’ Compensation field. If you have IL WC defense files you need to close, please remember our motto—“The Only Good File Is A Closed File!!!” We close them faster than any other WC Defense firm. Synopsis: The Illinois Appellate Court, WC Division issues a rather shocking “traveling employee” ruling that is challenging for us to fit into the IL…
Continue Reading 12-31-2024; Happy New Year!!!; New and Baffling "Traveling Employee" Appellate Ruling; Illinois' MInimum Wage Will Rise to $15 an hour and much more

Synopsis: AS WE ARE NOW IN 2025—IL WC BENEFIT RATES STILL SPIRAL 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 almost $2,000 per week going into 2025 and max PPD RATE is growing higher, at $1,045.92. FYI, Illinois WC rates have updated again 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 also did rise another dollar on New Year’s Day, 2025. On…
Continue Reading 1-27-25; Updated IL WC Rate Chart from Shawn Biery, JD; John Campbell on another new law and more

Synopsis: Is it Christmas Again Already? The Illinois Supreme Court drops a giant gift into the stockings of the Plaintiff’s bar, allowing resurrection of a host of IL occupational exposure claims… against Illinois employers!  Wait… What?  It appears the exclusive remedy provision is now only exclusive until the IL plaintiff’s bar starts running out of people to sue. Editor’s comment: Let’s take a deeper look at Martin v. Goodrich Corp., 2025 IL 13509. Facts and Ruling: Rodney Martin was an employee of Goodrich Corp. allegedly working for a time with vinyl chloride monomer (VCM), a substance believed to cause angiosarcoma of the…
Continue Reading 2-8-25; John Campbell JD on Shocking New IL Law/Ruling; Tim O'Gorman JD on Important TPD Ruling and more

Synopsis: The Appellate Court of Illinois, Workers’ Compensation Division takes another mighty leap toward, and arguably beyond, the Positional Risk Doctrine in the Tazewell County ruling. Tazewell Country v. The Illinois Workers’ Compensation Commission, et. al., 2025 Il App (4th) 230754WC. Thoughts and opinions by John Campbell, JD and Shawn Biery, JD. Editor’s Comment: Petitioner Potts worked as a dental hygienist for Tazewell County, performing teeth cleaning and sealing patients’ teeth which involved what she described as “a lot of hunching over” patients where her arms would be held at approximately shoulder level while working. Hired in 2005, she asserted she…
Continue Reading 2-16-2025; John Campbell and Shawn Biery's Thoughts on Important Positional Risk ruling; Wacky New IL WC Legislation, Possibly Ending the Role of Attorneys in the System and more

Synopsis: Test Question for Our Readers. There is Another Illinois Pro-Employee Rule to Consider When Settling IL WC Claims. Editor’s comment: Assume you have a WC claimant who is a challenging worker. The worker files a difficult-to-accept IL WC claim and are very unhappy with your company. During the pendency of the WC claim, they quit work for your company. You are working hard to close the WC case but you are also wondering—as the worker left your company, do you have to settle or seek a release from possible employment law charges/complaints? You wouldn’t have a release/resignation because the worker…
Continue Reading 4-23-2025; Another Illinois Pro-Employee Rule–Does the IL WC Industry Need to Get More General Releases?; Fall-Down Claim Dismissal Reversed and more

Synopsis: Keefe, Campbell, Biery & Associates celebrates another great year and more than two decades in WC/GL and Employment Law Defense! Editor’s comment: Happy Anniversary to our KCB&A Defense Team!!! We couldn’t have done it without great clients and support. It has been more than two decades of teaching and fighting and settling within authority and all the great things a solid defense firm does. We combine our demanding skills at rapidly settling accepted claims with fighting the bad ones along with teaching and presenting and answering all the simple and complex questions you have for us. We listen carefully to changing…
Continue Reading 6-18-2025; KCB&A Celebrates Another Great Year!!!: Oregon WC Premium Study Released; IL WC Settlement Fair and more