Statement: The causation standard in Indiana is exactly the same as it is in Illinois.
Speaker: david menchetti
About the speaker: David B Menchetti’s a shareholder in Cullen, Haskins, Nicholson & Menchetti, P.C. in Chicago and concentrates his practice in the representation of injured workers throughout Illinois before the Workers’ Compensation Commission, the Circuit Courts and the Illinois Appellate and Supreme Courts. He graduated from Loyola University of Chicago School of Law (JD) and attained an undergraduate degree (BA) with distinction from Stanford University. Mr. Menchetti is a former staff counsel to Illinois State Senate President Philip J. Rock and concentrated in legislation dealing with insurance, pensions and licensed activities. He has served as counsel to Illinois State Senate President Emil Jones, Jr. and advised about and drafted reforms to the Workers’ Compensation Act in 1989 and 1991.
He is a member of: the Illinois State Bar Association (Workers’ Compensation Law Section Council Chair and Legislation Committee member); the Chicago Bar Association (Industrial Commission Committee Chair ); the Illinois Trial Lawyers Association (Workers’ Compensation Committee Chair); the Workers’ Compensation Lawyers Association (President); the American Association for Justice (Workplace Injury Section); the Workplace Injury Litigation Group; and the Board of the Chicago Area Committee on Occupational Health and Safety.
He has authored the chapter on “Penalties” in the Illinois Trial Lawyers Association Workers’ Compensation Notebook and has lectured on workers’ compensation issues for: the Illinois State Bar Association; the Chicago Bar Association; the National Business Institute: the Council on Education in Management; the Illinois Institute for Continuing Legal Education; the Illinois Workers’ Compensation Claims Association; the judicial training program for the Illinois Workers’ Compensation Commission; the Attorney Registration and Disciplinary Commission; the United Food and Commercial Workers Union; the Laborers International Union; Combined Orthopedic Specialists; the Illinois Bones Association; Kankakee Community College; the University of Chicago Hospitals.
He serves as an advisor to the Illinois AFL-CIO on workers’ compensation matters and participated in the negotiations and drafted the amendments contained in the historic 2005 and 2012 Workers’ Compensation reform legislation. He is listed in the Who’s Who in American Law, has been designated as one of the Best Lawyers in America and has been selected by his peers as a Leading Lawyer and a Super Lawyer. The Illinois Trial Lawyers Association has presented him the President’s Award. He has been selected as Lawyer of the Year by Best Lawyers in America.
Date: November 28, 2016
Location: illinois
Context: testimony before the Illinois House Labor and Commerce Committee
Fact-check justification: Attorney David Menchetti testified before the Illinois House Labor and Commerce Committee that, "The causation standard in Indiana is exactly the same as it is in Illinois." State workers’ compensation statutes in both states confirm that Indiana and Illinois both are "no-fault" states in which an injury need only happen in the workplace to be covered by workers’ compensation. Both define qualifying injuries as those as those arising from employment with no other conditions. As noted in statements from Menchetti and Lucci -- who are on opposite sides of the larger workers’ compensation reform issue -- the causation standard’s effect on workers’ compensation insurance rates is open to debate. The standard itself in Illinois and Indiana statutes is not. We rate this statement .