Merged entity employee qualifies for new company’s workers’ comp

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted December 2, 2019 3:26 PM

The 1st District Appellate Court recently held that the workers’ compensation carrier for the surviving corporation following a merger was responsible for payment of workers’ compensation benefits to an injured employee formerly on the payroll of the corporation that no longer exists. Hence, that carrier’s coverage had to be exhausted before benefits could be claimed from the Illinois Insurance Guaranty Fund.The case is Illinois Insurance Guaranty Fund v. Priority Transportation Inc., 2019 IL App (1st …

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