News And Publications

News

Rich Lenkov has helped form a new organization for workers' compensation professionals, the National Workers' Compensation Coalition (NWCC) along with a new website: www.nwccoalition.com. For more information on this organization, please view the press release.
Rich Lenkov has recently joined the Premises Liability Committee as part of CLM (Council on Litigation Management).
We are pleased to announce that Carter Esterling has joined our workers' compensation department. Carter brings over four years experience handling complex workers' compensation cases as an Illinois Assistant Attorney General. In that capacity, he has tried dozens of cases and is a veteran practitioner at the IWCC.

Carter's addition brings our workers' compensation team to 12 attorneys handling Illinois and Indiana workers' compensation cases, making our workers' compensation department one of the largest in either state. We are fortunate to grow so quickly and are eager to continue providing our clients with aggressive, cost-effective service.
On June 18, 2010, Rich Lenkov was awarded the 2010 President's Award by the Illinois Association of Defense Trial Counsel in appreciation for his service and commitment to the defense bar.
We are pleased to announce that the following attorneys have joined the firm:
- Francesca Larsen in the workers' compensation department
On April 1st, 2010, Bryce Downey & Lenkov LLC, on behalf of its long term client BCH Mechanical, Inc. of Largo, Florida, and a newly established North Carolina subsidiary, concluded an asset purchase of Refrigeration Plus, a mechanical services company based in North Carolina. This action allows BCH and its operating entities to expand their business footprint outside of the State of Florida, and into the Carolinas.
Bryce Downey & Lenkov LLC was recently approved to serve on the council of the American Contractors Insurance Group (ACIG) as one of the law firms authorized to represent ACIG’s constituents.
We are pleased to announce that we have joined the Illinois Chamber of Commerce, the leading voice for business in Illinois.
We are pleased to announce that several attorneys have joined the firm:
- Richard Ruggiero as partner in the workers' compensation department;
- Stephen Neimeyer in the insurance defense department;
- Elizabeth Alberico in the workers’ compensation department;
- Betty Tsamis of counsel in the employment and labor department;
- Peter Janus of counsel in the corporate and estate planning department.
We held successful Settlement Days on October 7 & 8, 2009, at the Illinois Workers’ Compensation Commission in Chicago with Frankenmuth Mutual Insurance Company. Over the course of two busy days, dozens of cases were discussed with petitioners’ counsel, and many that had languished were brought close or to settlement.
On September 23, 2009, Cary Schwimmer obtained dismissal of a race discrimination charge filed with the Illinois Department of Human Rights.
On June 10, 2009, Cary Schwimmer obtained summary judgment in a Title VII sex discrimination and retaliation suit filed in federal court in Nashville, TN.
On May 13, 2009, Bob Bramlette was elected Secretary of the Village of Flossmoor’s Police and Fire Commission. Bob is also a Trustee for Flossmoor’s library and is the President of the Infant Jesus of Prague Parish Council.
On March 13, 2009, Terry Madden obtained a not-guilty verdict in a malpractice case against a chiropractor who was charged with both negligence and battery. Plaintiff claimed that when she began seeing the chiropractor for complaints of lower back pain, she specifically advised the chiropractor that she did not consent to any lumbar adjustment or any treatment involving rotation of her lumbar spine. Plaintiff was seen by the chiropractor on eight occasions during which she received traction and ultrasound to the lower back for her pain. She claimed that although her condition was improving, on her ninth visit the doctor performed an adjustment of her lumbar spine without her consent. She claimed that as a result of the adjustment, a pre-existing herniated disc moved to a point in the spine where it was compressing nerves in the lumbar area, resulting in complaints of leg pain and eventually leading to neurological deficits. Plaintiff had disc surgery as a result. In defending the case, Terry argued that his client never performed any adjustment of the plaintiff’s lumbar spine and that what the plaintiff perceived as an adjustment was nothing more than a motion palpation test of the lumbar area. Terry also argued that plaintiff consented to all of the doctor’s treatment and that the need for surgery was solely a result of a well documented pre-existing herniated disc. The jury deliberated only one hour and ten minutes, including lunch, before returning a verdict in favor of our client. The Plaintiff requested damages of $439,000. No offer was made on the case.
On February 22, 2009, we participated in the annual “Hustle Up the Hancock”. Crystal Morrell, Emily Muceus, Joe Mulvey and Geoff Bryce all successfully completed the 1/2 climb for the Lung Association's program. All lived for another trip next year.
We have opened a new office in Northwest Indiana to further serve our clients in that state. The office is lo at 2636 W. Lincoln Highway, Suite B, Merrillville, IN 46410, telephone 219.756.8100, fax 219.756.5100. For more information, please contact Storrs Downey at sdowney@brycedowney.com.
We are pleased that associate Kelly Gross was voted by her peers as a 2009 Illinois Rising Star in workers' compensation by Illinois Superlawyers Magazine.
Terry Madden obtained a "not guilty" verdict in a medical malpractice action at the conclusion of a two-week jury trial in December, 2008. Our client was a psychiatrist who was charged with negligence resulting in the suicide of a 20-year-old college student who was a star on the Purdue Women's Volleyball team. Plaintiff's expert witness claimed that as a result of the reduction of her antipsychotic drugs by our client, Plaintiff became psychotic and killed herself by stabbing herself in the neck. Plaintiff requested $10 million in damages. Terry argued that his client's diagnosis was correct and that the reduction of Plaintiff's antipsychotic medications did not cause the suicide because such drugs are not anti-suicide drugs. The jury deliberated for four hours before returning a verdict in favor of our client. See more in the article, reprinted with permission by Law Bulletin Publishing Company as printed in the Chicago Daily Law Bulletin (January 30, 2009).
On December 30, 2008, Cary Schwimmer obtained dismissal by the NLRB of union unfair labor practice charges regarding the closing of a Massachusetts plant and relocation of the work to another state. Cary successfully defended the union’s appeal which was denied by the NLRB General Counsel on June 23, 2009.
On December 2, 2008, Robert Bramlette was appointed Co-President of the Infant Jesus of Prague Church Parish Council. Bob also serves as a Trustee for the Village of Flossmoor Public Library and he is a Commissioner for Flossmoor's Police and Fire Commission.

Upcoming Seminars

On September 17, 2010, Rich Lenkov will be presenting a seminar sponsored by the Council on Litigation Management:
- "Selection, Use and Management of Expert Witnesses" to Merchants Insurance Group, Buffalo, NY
On September 21-22, 2010, Rich Lenkov will be presenting "Cost-Cutting & Negotiation Strategies" at REBEX 2010, the Regional Risk Management Conference and Exhibition.
On September 22, 2010, Storrs Downey will speak on "Top Ten Pitfalls Facing Employers" at REBEX 2010.
On November 10-12, 2010, Rich Lenkov will be presenting "Point/Counterpoint: Key Workers' Compensation Issues From the Perspective of an Employee Attorney and an Employer Attorney" at the 19th National Workers' Compensation and Disability Conference & Expo in Las Vegas, NV.
On November 18, 2010, Geoff Bryce will be presenting "Basic Construction Insurance Coverage" at the ISBA Special Committee on Construction Seminar at ISU.

Recent Seminars

On August 17, 2010, Geoffrey A. Bryce was a featured presenter at SOICA (Society of Illinois Construction Attorneys). He presented "New Additional Insured Endorsement / New Title Insurance Endorsements".
On August 12, 2010, Storrs Downey presented "Navigating Potential Minefields in Employment Law & Indiana Workers' Compensation Available Benefits: Indiana Emergency Response Conference" at the Indiana Employment Response Seminar.
On July 29, 2010, Storrs Downey presented "Expert Retention & Usage" as part of a CLM seminar for Gallagher Bassett.
On July 14, 2010, Rich Lenkov presented "Negotiation Strategies for Claims Professionals 2.0" to SafeAuto and on July 15, 2010, to Motorists Mutual Insurance Group. Both seminars were sponsored by the Council on Litigation Management.
On June 29, 2010, Rich Lenkov presented "Illinois/Indiana Workers’ Compensation Update" to Lumbermen’s Underwriting Alliance.
On June 23, 2010, Storrs Downey and Justin Nestor presented "Turning the Tables: How to Use An Employee's Own Actions As A Defense To Their Workers' Compensation Claim" to Brotherhood Mutual Insurance Company.
On June 2, 2010, Storrs Downey and Carol Cesaretti spoke on "Wage Differential in Illinois" at EMC.
On May 26, 2010, Storrs Downey spoke on "The Mediation Process" as part of a CLM seminar at Acuity Insurance.
On April 26, 2010, our firm held a reception for 60 of our clients at Tresca restaurant in Boston to coincide with the RIMS annual conference. Our guest of honor was Bruins legend and hall-of-famer Ray Bourque.
At the April 25-29, 2010, RIMS 2010 Annual Conference & Exhibition in Boston, Rich Lenkov gave a presentation as part of the Retail Panel.
On April 21 and April 27, 2010, Geoff Bryce spoke in Bloomington, IL and Chicago, IL, respectively, on "Construction Insurance & Indemnity" at the ISBA's seminar "Construction Law - What's New in 2010?"
On April 13, 2010, our firm co-hosted a free seminar, "Recession Year 2: Business Problems and Legal Solutions" with Willis Insurance at the Willis (Sears) Tower, Willis Board Room, 20th Floor, 233 S. Wacker Drive, Chicago IL.
On March 27, 2010, Rich Lenkov and Carol Cesaretti presented "Evaluating Permanency" at SRS.
On March 25 & 26, 2010, Rich Lenkov was a moderator at the 2010 Claims & Defense Tactics Symposium presented by the Illinois Association of Defense Council and the Illinois Insurance Association at the Marriott Chicago in Oak Brook.
On February 18, 2010, Rich Lenkov presented "Managing & Closing WC Claims in a Cost-Effective Manner" to the Illinois Manufacturers' Association Breakfast Briefing.
On February16, 2010, Rich Lenkov presented "Evaluating Permanency” and "Obtaining a Winning Medical Opinion" at the PESI 2010 National Conference, Workers’ Compensation Top Medical & Legal Issues, in Las Vegas.
On January 26, 2010, Cary Schwimmer spoke to the Successful Entrepreneurs Engaged in Memphis, TN, on “The Top Ten Employer Legal Mistakes” and employer conduct that causes employees to seek union representation.
On December 30, 2009, Cary Schwimmer presented to the Memphis Bar Association on current issues in labor and employment law.
On November 19, 2009, Rich Lenkov presented at the National Workers' Compensation and Disability Conference & Expo at McCormick Place, Chicago, on "Closing the Nightmare Case: The Perspective of a Risk Manager and Defense Attorney."
On November 5, 2009, Geoff Bryce presented "The Weather-Tite Case: Will It Really Weather the Test of Time?" as part of a panel at a breakfast seminar sponsored by the Chicago Building Congress and the Society of Illinois Construction Attorneys at Maggiano's Little Italy in Chicago.
On October 23, 2009, Betty Tsamis presented “Bias, Discrimination and & Harassment in the Legal Workplace” as a VIP Global Net-CLE Webinar.
On October 22, 2009, Rich Lenkov presented “10 Ways to Lose Your Workers’ Compensation Case” at REBEX 2009, the Regional Risk Management Conference and Exhibition, October 22-23, 2009, at the Westin Chicago North Shore in Wheeling, IL.
On October 22, 2009, Storrs Downey presented “Terminating Injured or Disabled Problem Employees” at REBEX 2009.
On October 6, 2009, Rich Lenkov presented "Obtaining a Winning Medical Opinion" to JPB Medical Marketing's Medical & Legal Issues in the Work Comp Arena Case Managers Education Dinner Program.
On September 2, 2009, Rich Lenkov presented "Litigation 101" to Celina Insurance, focusing on the life of a litigated case from the complaint through trial.
On August 12, 2009, Storrs Downey presented “Balancing Aggressive Pursuit of Lien Recovery with Associated Litigation Expenses” at the 5^th Annual National Workers’ Compensation Subrogation Strategies ExecuSummit in Uncasville, CT.
On August 12, 2009, Betty Tsamis resented “Employment Law Update” to the BEST, Inc., Employers’ Conference.
On July 29, 2009, Geoff Bryce, John Wagener and Bob Bramlette joined with executives from Chase Bank (Paul Carlisle, SVP), Navigant Consulting (Mike LoGiudice, Director - Construction), and Newmark Knight & Frank (Greg Krzysko, Director of Finance) to present "Where's the Work, Money, and Profit? -- Survive in order to Thrive!" to developers, contractors, municipal officials, architects, surveyors, appraisers, and leasing and insurance executives. The seminar was the third seminar conducted this year to help real estate clients deal with various legal, financing, and business issues in the current economy. Another seminar is being planned for fall 2009.
On July 24 and June 19, 2009, Bob Bramlette presented an analysis of lending and leasing issues to franchisees attending Francorp’s monthly seminar. Francorp is a nationally recognized franchise development and consulting firm: www.francorp.com.
On July 20, 2009, Rich Lenkov presented “Managing and Closing Workers' Compensation Claims in a Cost-Effective Manner” at a preconference for the SEAK 29th Annual National Workers' Compensation and Occupational Medicine Conference in Hyannis, MA.
On July 15, 2009, Rich Lenkov presented “Turning the Tables: How To Use An Employee's Own Actions As A Defense To Their Workers' Compensation Claim," at the 2009 John Deere Annual Workers' Compensation Conference in Moline, Illinois.
On June 24, 2009, Rich Lenkov, Justin Nestor and Joe Mulvey presented "Illinois & Indiana Workers' Compensation Issues" to HCR Manor Care.
On June 11, 2009, John Wagener presented “Seller’s Breach of Contract Damages” to the Trial Attorneys of America Annual Meeting in Chicago.
On June 5, 2009, Storrs Downey, Rich Lenkov and Betty Tsamis presented “Protect Your Business, Your Employees and Stay Afloat,” at the City of Chicago Department of Business Affairs and Consumer Protection.
On May 26, 2009, Rich Lenkov presented "Illinois Workers' Compensation 101" to Central DuPage Hospital.
On May 15, 2009, Bob Bramlette presented an analysis of lending and leasing isuses to franchisees attending Francorp’s monthly seminar. Francorp is a nationally recognized franchise development and consulting firm: www.francorp.com.
On April 30, 2009, Storrs Downey and Justin Nestor presented "Indiana Workers' Compensation Advanced Seminar" to Avizent.
On April 28, 2009, Storrs Downey presented "Top Twenty Myths & Realities on Illinois/Indiana Premises Liability Law" to Society Insurance.
On April 9, 2009, Rich Lenkov and Carol Cesaretti presented "Top 10 Ways to Screw Up Your Workers' Compensation Case" to Acuity Insurance.
On March 27, 2009, the firm co-hosted a seminar with Willis HRH, "Running Your Business in a Difficult Economy." to around 30 attendees. Wendy Lawler (SVP - Chase Bank) joined the panel for the Bankers Round Table Discussion. Also, various insurance, intellectual property, and legal issues were discussed.
On March 24, 2009, Rich Lenkov and Chris Puckelwartz presented “Top 10 Misconceptions About Illinois Premises Liability” to SUPERVALU.
On March 20, 2009, the firm co-hosted a seminar with Willis HRH, "Running Your Construction Business in a Difficult Economy," to 30 attendees. The seminar included a Bankers Round Table Discussion that addresses the issue of "Can I Get A Loan?" Our guest speakers were: Phil Jones (EVP - Inland Bank), Neil Prendergast (SVP - Fifth Third Bank), Hillary Robbins (VP - Chase Bank), and James Augustine (VP - Chase Bank). In addition, we addressed various insurance, construction, and legal issues that impact businesses in the current economy.
On March 18, 2009, Rich Lenkov presented “Top 10 Misconceptions About Illinois Premises Liability” to Macy’s.
On March 6, 2009, Rich Lenkov presented “Turning the Tables: How To Use An Employee's Own Actions As A Defense To Their Workers' Compensation Claim," to the Illinois Workers’ Compensation Forum.
On March 5, 2009, Rich Lenkov and Storrs Downey presented “Wage Differential” to Frankenmuth Mutual Insurance Company.
On February 20, 2009, Bob Bramlette presented an analysis of the current difficulties in the credit market to franchisors attending Francorp's monthly seminar. The discussion included a review of various points borrowers should consider in negotiating a loan. Bob will be speaking at Francorp's March seminar. Francorp is a nationally recognized franchise development and consulting firm: www.francorp.com.
On February 4, 2009, Rich Lenkov and Justin Nestor presented “Evaluating Permanency” to Frankenmuth Mutual Insurance Group.
Rich Lenkov spoke on October 23, 2008, at REBEX (Risk & Employee Benefits Conference & Exposition) 2008, presented by RIMS' Chicago Chapter. Rich presented the topic "Turning the Tables: How To Use An Employee's Own Actions As A Defense To Their Workers' Compensation Claim." It was an interesting discussion on how to craft seldom-used defenses to put your case in the best position for a victory.