Brad Alan Elward

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Heyl, Royster, Voelker & Allen Professional Corporation
• Representative Cases & Transactions
  Cases

  Significant Cases: Weaver v. Illinois Workers' Compensation Comm'n 2016 IL App (4th) 150152WC A section 19(h) petition to modify permanency benefits must be filed within 30 months of the Commission's decision, irrespective of whether the Commission's underlying decision is appealed. An appeal does not toll the time for filing.
  Bowman v. Ottney 2015 IL 119000 - Successfully defended circuit court ruling to deny the plaintiff's motion for substitution of judge in a refiled case, when same judge had made substantive rulings in prior litigation that had been voluntarily dismissed.
  Hartney Fuel Oil Company v. Hamer 2013 IL 115130 Suit was filed by a retail sales taxpayer against our client, The Regional Transportation Authority (RTA), the Illinois Department of Revenue,
  a Cook County municipality contending that the assessment of back sales taxes of $20+ million was incorrect. Ultimately, the RTA's position was upheld in the Illinois Supreme Court. While the taxpayer was not required to pay back taxes pursuant to the Taxpayer Bill of Rights, the Illinois Supreme Court invalidated existing regulations in adopting a multi-factor test as argued for by the RTA, a decision which had statewide application to sales tax sourcing favoring governmental entities such as our client.
  Glass v. DOT Transportation, Inc. 393 Ill. App. 3d 829 (1st Dist. 2009) In the forum non conveniens setting, deference may be given to the selection of forum by a representative plaintiff, who is also a beneficiary under the Wrongful Death Act.
  Rosewood Care Center, Inc. v. Caterpillar, Inc. 226 Ill. 2d 559 (2007) Illinois does not recognize a preexisting debt rule when interpreting the statute of frauds, but rather applies a main purpose or leading object rule, which states that when the main purpose or leading object of the promisor/surety is to subserve or advance its own pecuniary or business interest, the promise does not fall within the statute of frauds.
  Deichmueller Const. Co. v. Industrial Comm'n 151 Ill. 2d 413 (1992) Employer's appeal bond must be signed by individual with authority to bind employer to financial obligation represented by bond
  attorney cannot sign unless authorized by said individual.
  Chaney v. Yetter 315 Ill. App. 3d 823 (4th Dist. 2000) Client of borrowing employer was entitled to protection of exclusive remedy provisions of Workers' Compensation Act for claim filed by borrowed employee.
  Pearson v. Industrial Comm'n 318 Ill. App. 3d 932 (3d Dist. 2001) Outlines steps to establish volunteer fireman status
  rejects application of emergency doctrine.
  Bush v. Catholic Diocese 351 Ill. App. 3d 588 (3d Dist. 2004) A party has no First Amendment right to disseminate information obtained
  gathered in preparation for trial.
  Craigmiles v. Egan 248 Ill. App. 3d 911 (4th Dist. 1993) Appellate court's prior order refusing to grant leave to appeal of order granting new trial did not have preclusive effect on ability to raise issue in subsequent appeal.
  Bernardoni v. Industrial Comm'n 362 Ill. App. 3d 582 (3d Dist. 2005) Frye st
  ard for evaluating admissibility of expert or scientific evidence applies to workers' compensation proceeding
  Illinois does not recognize claims for multiple chemical sensitivity (MCS).
  Radosevich v. Industrial Comm'n 367 Ill. App. 3d 769 (4th Dist. 2006) Section 19(i) interest runs from date of award
  Section 2-1303 interest commences only when circuit court enters judgment on award under Section 19(g).
  S & H Floorcovering, Inc. v. Workers' Compensation Comm'n 373 Ill. App. 3d 259 (4th Dist. 2007) Court signaled intent to give deference to arbitrator's fact-findings where Commission reverses arbitrator's conclusions without the Commission having received any new evidence.
  Gridley v. State Farm 329 Ill. App. 3d 422 (5th Dist. 2002), rev'd, 217 Ill. 2d 158 (2005) Forum non conveniens doctrine applied to support dismissal of class action suit filed in Illinois, where plaintiff
  actions giving rise to claim occurred in Louisiana.