Chicago income member Jeff Kehl recently published an article for CLM Magazine titled, “Discovering New Protections.” Jeff breaks down Burdess v. Cottrell, Inc., a case of first impression Jeff successfully argued before the Illinois Appellate Court. The case examined whether a workers’ compensation lienholder is subject to written discovery from […]

Fifteen attorneys at Downey & Lenkov have been recognized by Super Lawyers® as leading practitioners in their field across both Illinois and Indiana. Twelve attorneys have also been selected to Leading Lawyers’ 2021 rankings. Capital Members Geoff Bryce and Rich Lenkov; Income Members Michael Milstein, Margery Newman and Brian Rosenblatt; […]

By: Kirsten Kaiser Kus A new Indiana bill would allow employees to choose their own physician to treat any workplace injury or occupational disease. HB1339 allows employees to choose their attending physician regardless of their date of injury and would further require employers or their insurers to reimburse the chosen health care […]

Capital member Rich Lenkov recently gave a presentation to Northern Illinois University College of Law’s “Intro to Legal Professionalism” class. Rich discussed top interview mistakes and detailed his own experiences as both an interviewer and interviewee. Some of the crucial mistakes Rich covered were not researching the employer, lying or […]

Associate Jessica Jackler joined capital member Rich Lenkov’s Legal Face-Off podcast on WGN Radio on January 20. Jessica discussed the legal issues regarding mandating COVID-19 vaccinations in the workplace including ADA and Title VII exceptions, terminations and more. She also highlighted her article for CLM Magazine on managing an outbreak […]

By: Rich Lenkov & Michael Milstein As we anticipated, both houses of the Illinois General Assembly have unanimously passed HB4276, extending the COVID-19 rebuttal presumption to 6/30/21. The bill amends both the Workers’ Occupational Diseases Act and Public Employee Disability Act and applies to employees who contracted the virus between 3/9/20 and 6/30/21. […]

By: Jessica Jackler  In September 2019, associate Jessica Jackler published an article in CLM Magazine about vaccines in the workplace and whether employers can make them mandatory. Now more than ever, “Managing an Outbreak,” is extremely topical with the COVID-19 vaccine approval and impending distribution phases. The EEOC has recently […]

By: Jessica Jackler As a reminder, the requirement that employers provide paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA) expired on December 31. The DOL has updated its guidance to advise employers that if they choose to continue to voluntarily provide […]

By: Rich Lenkov & Michael Milstein Yesterday, House Amendment 1 to HB782 was filed. The amendment extends the COVID-19 rebuttal presumption to 6/30/21. As a reminder, HB2455 provides a rebuttable presumption that COVID-19 exposure arose out of and in the course of employment for first responders and front-line workers. The current […]

In Burdess v. Cottrell, Inc., 2020 Il App (5th) 190279, income partner Jeff Kehl prevailed in a case of first impression before the Illinois Appellate Court on the issue of whether a workers’ compensation lienholder is subject to written discovery from a party in an existing lawsuit. The discovery dispute […]