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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I had a 19b hearing August 26th of 2016. My decision was to be given on Nov 15th. It is now March 9th 2017.

My attorney who I don't necessarily see eye to eye with told me it's best not to ask the arbitrator for an update as to not anger them? I've been off work since June 2015. No pay. Is there any action I can take against the commission?

Charles Candiano
Charles Candiano
answered on Mar 30, 2017

Why would you wait 14 months to have a Hearing? If there was a sense of urgency, your attorney knew that the ONLY way to guarantee a prompt Decision was by filing a Motion under Section 19(b)(1). Under that Section, the Decision MUST be filed within 25 days and is typically filed within 2 weeks.... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Settlement Process???

I injured my back a year ago on my job. I had went through therapy, work hardening program and spinal injection shots. After all of that I still have some discomfort in my back. During that time off I did receive weekly the TDD payments.My dr. has released me with permanent restrictions meaning I... View More

Charles Candiano
Charles Candiano
answered on Mar 30, 2017

Why are you paying an attorney who can't or won't answer such important questions. It is a simple fact that people don't work for one employer and retire with a gold watch. That kind of employment security just doesn't exist. Reduced physical ability usually equals reduced... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can a worker's comp case last for 6yrs

But they paid some of medical bills so my lawyer stated that I still have outstanding Pharmacy bills with eqmd in McHenry il.I was receiving my medicine from therapy so how come workers comp paid my therapy bill but not my medication from therapy which I believe that this place eqmd doesn't... View More

Charles Candiano
Charles Candiano
answered on Mar 30, 2017

A case can last as long BOTH parties AGREE to let it pend AND the Arbitrator is informed. There is NO time limit. After 3 years (from filing date) ALL cases become "red line" cases and are AUTOMATICALLY set for trial EVERY 3 MONTHS. For the past 3 years, your attorney has either... View More

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3 Answers | Asked in Wrongful Death for Illinois on
Q: What is the difference between a civil wrongful death suit and a criminal claim for the death of a loved one?
Charles Candiano
Charles Candiano
answered on Mar 30, 2017

Remember the O J Simpson trials. In the criminal case, the State seeks to punish responsible person with a prison sentence and the standard of proof is "beyond a reasonable doubt."

In a civil action, family members seek to make the responsible person pay a monetary judgment and...
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2 Answers | Asked in Car Accidents and Wrongful Death for Illinois on
Q: if my sister is the administor of my mother death claim can she not give me my money. She lives in Indiana, my mom died

Or is it up to a judge. My mother stayed with my sister who lives in Indiana, where the car accidentally took place, the rest of her kids live in ILLINOIS. Can she not give us our half. We are not on speaking terms and she's money hungry. Thank u

Charles Candiano
Charles Candiano
answered on Apr 3, 2017

This would be determined under Indiana Law. As special administratrix, your sister has no say in who gets what. The Superior Court where the action is filed would determine distribution.

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3 Answers | Asked in Wrongful Death for Illinois on
Q: My daughter was killed by a repeat drunk driver who was driving without a license.

Are we able to file a wrongful death claim against this person even though he's also been charged criminally?

Charles Candiano
Charles Candiano
answered on Mar 30, 2017

Why would you do that? No attorney would take the case on a contingency because there is no insurance. You would go to all the time and expense of preparing for a trial where you would doubtless secure a handsome verdict which the deadbeat would immediately discharge in bankruptcy.

Your...
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