Attorney Dennis Sean O'Brien's Legal Cases

Workers compensation

White vs. Workers' Compensation Commission, 374 Ill. App. 3d 907, 873 N.E.2d 388, 313 Ill. Dec. 764 (2007)

Jul 05, 2007

OUTCOME: Compensation denied

The Plaintiff alleged injuries to his shoulders and low back as a result of repetitive trauma over the course of several years as an underground coal miner. The arbitrator awarded total permanent d ... isability benefits to the Plaintiff. The Illinois Workers' Compensation Commission reversed the award of the arbitrator and found that Plaintiff had not proved that he had provided Defendant with statutorily required notice within the 45 day period following the alleged accident, denying all compensation. The appellate court affirmed the commisison's denial of benefits, noting that the 45 day notice requirement is mandatory in repetitive trauma claims as well as traumatic injury claims.

Workers compensation

Hatfill vs. Industrial Commission, 202 Ill. App. 3d 547, 560 N.E.2d 369, 148 Ill. Dec. 67 (1990)

Aug 29, 1990

OUTCOME: Plaintiff denied compensation

Plaintiff employee suffered injuries as a result of his performing an unsafe act in violation of company safety rules. The employee took a shortcut to get to a higher level of Defendant's employee park ... ing area, jumping over a small stream onto a wet embankment, slipping, twisting his low back and suffering a herniated lumbar disk, requiring surgery. Defendant had provided safe walkways approximately 50 feet from where Plaintiff was injured. The arbitrator, commission and appellate court all held that while violating safety rules while performing one's job duties does not constitute a defense in a workers' compensation case, violating safety rules or acting in a dangerous manner for the employee's personal benefit can result in a denial of compensability.

Workers compensation

Treasurer of the State of Illinois vs. Industrial Commission, 136 Ill. App. 3d 809, 483 N.E.2d 1016, 91 Ill.Dec. 530 (1985)

Sep 25, 1985

OUTCOME: Employer's liability was limited

In a case of first impression, the appellate court ruled that in a case involving the second complete loss of use of a limb the employee was entitled to 200 weeks of benefits at permanent total disabil ... ity rate, followed by a statutory permanent total disability benefit for the remainder of his life. While the arbitrator had ordered the employer to pay the 200 weeks at the higher permanent total disability rate rather than the lower permanent partial disability rate, the Industrial Commission ruled that the employer would pay those weeks at the lower rate and that the State of Illinois Second Injury Fund would pay the difference between the two rates for that 200 week period of time and would then pay the total permanet disability award thereafter, resulting in a considerable savings to the employer.

Workers compensation

Horath vs. Industrial Commission, 96 Ill.2d 349, 449 N.E.2d 1345, 70 Ill.Dec. 741 (1983)

May 27, 1983

OUTCOME: Plaintiff denied compensation

Plaintiff alleged neck strain and lumbar herniated disk as a result of a work-related accident. The arbitrator denied compensability for the low back injury and surgery based upon evidence of an interv ... ening accident and the treating surgeon's lack of knowledge of that intervening accident. The arbitrator, commission and Illinois Supreme Court all held that the Industrial Commission does not have to accept the opinion of a physician when that physician's opinion is based on an incorrect or incomplete history from the patient.

State, local, and municipal law

People v. Cart, 102 Ill. App. 3d 173, 429 N.E.2d 553, 57 Ill. Dec. 655 (1981)

Dec 02, 1981

OUTCOME: Defendants convicted: conspiracy to commit murder

Two defendants were convicted in a jury trial of conspiracy to murder a third defendant's estranged husband. (See: People v. Cohn, 91 Ill. App. 3d 209, 414 N.E.2d 543 (1980)) Defendants appealed convic ... tions and prison sentences alleging error in cases being consolidated for trial, that statements each made to the police implicating the other should have been excluded, that the police violated their Miranda rights, that closing argument by the prosecuting attorney had brought attention to defendants' failure to testify and that comments by the bailiff to a jury member required a new trial. The appellate court held that no reversible error occured in the trial and affirmed the convictions.

State, local, and municipal law

People vs. Ruth Cohn, 91 Ill.App.3d 209, 414 N.E.2d 543, 46 Ill.Dec. 659 (1980)

Dec 22, 1980

OUTCOME: Defendant convicted of conspiracy to commit murder

Defendant was a psychologist who hired two individuals to kill her estranged husband. When the other defendants were caught prior to carrying out the murder they led the police to Defendant and assiste ... d in her apprehension. After pleading guilty to conspiracy to commit murder in exchange for the dropping of charges of solicitation to commit murder, a sentencing hearing was conducted and Defendant was sentenced to six years in prison. Five days later Petitioner moved to vacate her guilty plea. An evidentiary hearing was held in regards to an out-of-court meeting between counsel for the State and Defendant, the trial judge and Defendant's psychiatrist and what was said at that meeting. Both Defense counsel and the assistant state's attorney were called as witnesses as to the statements made at that meeting by the trial judge. The trial judge noted that the assistant state's attorney's rendition of the facts was accurate and denied the motion. The appellate court affirmed that finding and further ruled that Petitioner had been properly advised of her rights at the sentencing hearing.

Dennis Sean O'Brien's Legal Cases (6)

White vs. Workers' Compensation Commission, 374 Ill. App. 3d 907, 873 N.E.2d 388, 313 Ill. Dec. 764 (2007)

Hatfill vs. Industrial Commission, 202 Ill. App. 3d 547, 560 N.E.2d 369, 148 Ill. Dec. 67 (1990)

Treasurer of the State of Illinois vs. Industrial Commission, 136 Ill. App. 3d 809, 483 N.E.2d 1016, 91 Ill.Dec. 530 (1985)

Horath vs. Industrial Commission, 96 Ill.2d 349, 449 N.E.2d 1345, 70 Ill.Dec. 741 (1983)

People v. Cart, 102 Ill. App. 3d 173, 429 N.E.2d 553, 57 Ill. Dec. 655 (1981)

People vs. Ruth Cohn, 91 Ill.App.3d 209, 414 N.E.2d 543, 46 Ill.Dec. 659 (1980)