Justice Robert R. Thomas, writing for the majority in the 5-2 decision, said that upholding the rule in such cases would bring “harmony and consistency” to the process of review in workers’ compensation cases, because the rule is presumed at other stages of an appeal.

The court also noted that the Illinois General Assembly has specified when the rule is not applicable and in state courts the modern trend is to allow the mailbox rule, essentially equating time of mailing with time of filing.

The decision overturned a ruling by the Workers’ Compensation Commission Division of the Illinois Appellate Court.

The case stems from a lower back injury that a worker received while pulling pins from the ground as part of roadwork for a construction contractor. The worker’s initial claim was denied by an arbitrator, and that decision was upheld by McHenry County Associate Judge Thomas A. Meyer.

The worker’s circuit court filings were received on May 14, 2009, four days after the Illinois Workers’ Compensation Act’s statutory deadline for “commencing” an appeal.

The high court said that the question was whether a proceeding is begun when the appropriate filings are placed in the mailbox or when they are file-stamped by the court clerk. The court observed that appeals to the commission and to the appellate court follow the mailbox rule, and the same rule should apply at every stage of review. The court also said that the legislature is aware that courts have construed statutes as including the mailbox rule and they have precluded it only in the case of certain documents filed under the Election Code.

Paul Greenberg is a work injury lawyer and workers compensation attorney in Chicago with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The legislation is important for all plaintiffs, but particularly so for victims of nursing home abuse. When an elderly or disabled person is abused or neglected in a nursing home, the family needs funds as soon as possible to pay for a higher-quality facility or in-home health care.

Unfortunately, plaintiffs who have suffered all kinds of injuries frequently find that defendants use stall tactics to delay payment as long as possible, even once a settlement has been agreed to.

Under the proposed legislation, after a settlement has been reached in any civil matter, the defendant must tender to the plaintiff a release within 14 days. Then the defendant has 21 days from execution of the release to make all payments due the plaintiff. If the defendant fails to make such payments, interest will accrue from the date of the release.

Senate Bill 1912 has passed both houses of the state legislature and now awaits Governor Pat Quinn’s signature. If the bill becomes law, it will ensure that plaintiffs receive settlement payments in a timely manner, allowing them to pay for crucial medical and living expenses.

Paul Greenberg is a medical malpractice lawyer in Chicago and malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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