Showing 2 posts in Workers' Compensation.

Illinois Supreme Bars Civil Asbestos Action Under Workers’ Compensation Act Exclusive Remedy Provision

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On November 4, 2015, the Illinois Supreme Court issued its opinion in the matter of Folta v. Ferro Engineering, 2015 IL 118070 (2015), holding that an employee is barred from bringing an action in civil court by the exclusive remedy provisions of the Workers’ Compensation Act (820 ILCS 305/1 et seq.) and the Workers’ Occupational Diseases Act (820 ILCS 310/1 et seq.) (hereinafter “the Acts”), when the employee’s injury or disease first manifests after the expiration of certain time limitations under those acts.  For employers and employees involved in asbestos litigation, it is advisable to become familiar with the Acts as well as the Court’s ruling in Folta in order to monitor its effect on future litigation and legislation.  More »

I Know Where You Were Last Summer: Using More Than Just Facebook to Investigate Pending Claims

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In other articles, we have discussed the importance of obtaining social media data in pre-suit investigations and how to conduct social media discovery in pending litigation. As we discussed there, photographs, video and the like information can all be used for evidentiary purposes to demonstrate state of mind, the existence of mental or cognitive disabilities (or the lack thereof) and the level of activity enjoyed by a litigant.  In those articles, we have focused primarily on recovering such evidence from Facebook since it is one of the most prevalently used social media platforms and permits users to download (at least arguably) the most helpful data. However, Facebook is not the only source of social media data and any thorough investigation should also involve identifying and requesting photographs, video, status updates or comments from other social media platforms. More »

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