30 <strong>Irish</strong> <strong>American</strong> <strong>News</strong> “We’ve Always Been Green!” <strong>September</strong> <strong>2011</strong>Great Expectations: The Fighting <strong>Irish</strong> PreviewBy Coleman ClarkeThe Fighting <strong>Irish</strong> head into the <strong>2011</strong> seasonhoping to build on the momentum of a strong finishlast year, when they won four games in a rowculminating in a 33-17 whitewash of the MiamiHurricanes that wasn’t as close as the final scorewould indicate. They bring back virtually theirentire defense intact ,as well as most of their startersfrom last year, including senior quarterbackDayne Crist, who has completely recovered from aknee injury suffered last season in a heartbreakingloss to the Tulsa Golden Hurricanes. All reportsfrom fall camp indicate that Crist has a muchbetter understanding of the offense and is morecomfortable with his reads.Crist was able to stave off Tommy Rees, a truefreshman, who played admirably in his absencehelping the <strong>Irish</strong> to a 4-0 record in their last fourgames—in which the offensive game plan wasscaled back to suit the strengths of its quarterback.Last season, Crist attempted to assimilatethe nuances of head coach Brian Kelly’s offense,leading to flashes of brilliance followed by periodsof maddening inconsistency, which kept the <strong>Irish</strong>from being able to establish their offensive identityearly in the season. Kelly himself was under firefor some questionable decisions, most notablyduring the Tulsa game in which he elected to throwthe ball into double coverage instead of attemptto kick the game winning field goal.The <strong>Irish</strong> did overcome tremendous obstaclesduring the season including a humiliating loss tothe Naval Academy during which they were physicallyand mentally dominated in all facets of thegame—specifically coaching. The turning pointfor the <strong>Irish</strong>, however, may have been the convincingwin over then—No. 14 Utah—their largestvictory over a Top 15 team in over 14 years. The<strong>Irish</strong> were able to carry the momentum from thatvictory through the remaining three games, beatingSouthern Cal for the first time since 2001.Heading into this year’s slate, the <strong>Irish</strong>, onpaper, are as good if not better than every teamon their schedule. Yes, I said as good—with theemphasis on better. They open the season againstSouth Florida and should be able to win by doubledigits. Next, they look ahead to a Michigan teamthat is rebuilding and must replace its personnelto suit new head coach BradyHoke’s traditional smash mouthoffense that has been the hallmarkof the Wolverines for years.The <strong>Irish</strong> should go into AnnArbor (the first-ever night gamein Ann Arbor) and dismantle theWolverines, who will probablykeep the game close for about aquarter or two before the talentand depth of Notre Dame wearsthem down. Michigan State will visit South Bendonce again, and may pose a formidable test for the<strong>Irish</strong> with senior quarterback Kirk Cousins, a bluecollar quarterback with decent mobility who canthrow on the run to a host of talented receivers.However, since this is a home game for the <strong>Irish</strong>,I expect them to win and pull away in the secondhalf of the contest.The rest of the schedule has the usual suspectssuch as Purdue, Navy, Boston College, Pittsburgh,and Stanford. The other teams rounding out theschedule are Wake Forest, Maryland, and Air Force.While this schedule has some potential pitfalls,there are no teams that should jump out and causealarm for <strong>Irish</strong> fans. Of course, Stanford is rankedin the top ten of the AP poll and might be the mostoverrated team in the country in my opinion. Yes,they return All-<strong>American</strong> quarterback AndrewLuck, a frontrunner for the Heisman award, butthey lose valuable personnel as well, including theman who instilled their winning ways in formerhead coach Jim Harbaugh, who jettisoned to theNFL last year. The marquee game of course willbe against USC at night, in front of what will be araucous Notre Dame crowd. This will be the firstnight game in South Bend since 1990!In addition to the <strong>Irish</strong> returning many playerson both defense and offense, with players such aslinebacker Mantei Teo and running back CierreWood, they bring in one of the most heraldeddefensive line hauls in recent years. Among someof the players snagged in last year’s class includedefensive end Aaron Lynch, linebacker Ishaq Williams,and defensive tackle Stephon Tuitt, givingthe <strong>Irish</strong> depth at many positions that they haven’thad in years. These freshmen, among many others,are expected to contribute right away and give themore experienced starts a much needed rest duringthe course of the games. With these factors inmind, the <strong>Irish</strong> should win at least 10 games toconsider the season a success.They have excellent players atthe skills positions, highlightedby wide receiver Michael Floyd,who can out jump any defenderfor a catch along with receiver/running back in Theo Riddickand Cierre Wood, who may endup being one of the best one twopunches in the country with theirability to move in space after thecatch. Throw in the mix much improved runningback Jonas Gray, with his blazing 4.4 speed andyou have a combination that will make many defensivecoaches reach for the Maalox.Wrapping up, this team still rests on the shouldersof Dayne Christ and the Notre Dame defense.If Christ can show that he is able to go through hisprogressions and check downs better this season,and can improve greatly on his consistency, inparticular, the <strong>Irish</strong> could be very explosive onoffense and difficult to contain. Head Coach BrianKelly stated in his previous press conferences thathe wants to run the ball more, which served the<strong>Irish</strong> well, particularly against USC and Miamilast season when they ran the ball down bothteams’ throats. In addition, the defense must pickup where they left off last year when they madeteams fight tooth and nail to move the ball intothe end zone. The <strong>Irish</strong> actually ended up in thetop 25 in the points scored against category bythe end of the season. They should be able toimprove upon that statistic, which would mostlikely have them playing in a BCS bowl game byseason’s end. Anything less than 10-2 would be adisappointment, considering the returning talenton this years’ team, combined with the outstandingdefensive recruiting haul for <strong>2011</strong>.If the Notre Dame detractors are at fever pitchthis year, Notre Dame is probably winning on thefootball field.If you have an iPhone andthe Kaywa Quick ResponseCode Reader App,just scan the code belowand be taken directly tothe iBAM! website!
<strong>September</strong> <strong>2011</strong> <strong>Irish</strong> <strong>American</strong> <strong>News</strong> “We’ve Always Been Green!” 31Illinois Makes Important Changesto the Workers’ Compensation ActThis is the first in a two-part series on the recent changes to the Workers’Compensation Act. This month, and next, we will focus on what effect thesechanges will have, on a practical level, for the injured worker. This columnwill also respond to legal questions relating to workers’ compensation andpersonal injury that are sent to us.The Healy Law Firm is compromised of eight trial attorneys, two ofwhom are from Ireland. We are located at 111 West Washington Street,Suite 1425, Chicago, Illinois 60602 (800-922-4500 or 312-977-0100).The firm concentrates in the representation of injured victims of all typesof accidents.www.HealyLawFirm.Com. Readers are encouraged to call or write withquestions concerning personal injury law.Following months of speculation,lobbying, and legislative compromise,the changes to the Workers’ CompensationAct were signed into law byGovernor Quinn on June 28th, <strong>2011</strong>.While the changes affect both employersand employee, this first articlefocuses on certain changes that mostlimit the workers’ rights. Next monthwe will focus on additional changesand their impact to both employersand employees.Limitation of EmployeeRight to Select DoctorsOne of the most significant changesin the <strong>2011</strong> rewrite of the Act is therestriction of the worker’s choice ofdoctor. The Act allows for the employeror its representative (i.e. their insurancecompany) to provide a panel ofmedical providers from which theemployee must choose. The employeemay opt out of this ‘preferred providernetwork,’ but in doing so the employeeloses the choice of one doctor. Thismeans that the employee who opts-outof the employer’s panel is restricted toone doctor, whereas those that do notopt-out may choose two doctors withinthe ‘preferred provider network.’ Ineffect, the Act penalizes workers whowish to choose their own doctors wheremultiple doctors are needed. Underthe previous law, the worker had anunrestricted choice of two doctors, ifnecessary. While this can be a seriouslimitation on previous rights held bythe employee to choose two doctors ifnecessary, it is not as drastic as whatwas sought by employers to completelyeliminate the employee’s right tochoose any doctor.Limitationof Benefit PeriodsWage loss differential cases, wherea worker returns to work at a lesserpay, have now been restricted to theinjured worker reaching the age of 67,or five years from the date of any finalaward, whichever is longer. Under theold rules, wage loss differentials werepaid throughout the worker’s life.Limitationof Hand Injury ClaimsThe number of weeks of compensationpayable for a hand injury hasbeen reduced to a maximum of 190weeks. Under old rules the maximumnumber of weeks for a hand injury was205 weeks. This amounts to a loss ofcompensation of almost 10% to theworker for a serious hand injury. TheAct also limits recovery for one of themost common of workers’ compensationclaims, carpal tunnel syndrome.Recovery for carpal tunnel syndrome isnow limited at 15% of loss of the hand,unless there is clear and convincingevidence to the contrary. Where suchevidence is provided, recovery still cannotexceed 30% loss of the hand.Required Useof AMA GuidelinesAn additional change to the Actwhich directly affects the injuredworker is the required use of the<strong>American</strong> Medical Association’s(AMA) guide for the Evaluation ofPermanent Impairment, also known asthe AMA guidelines. Thearbitrator at the IndustrialCommission must use theguidelines when awardingan injured worker permanentpartial disabilitybenefits. The impact of theuse of AMA guidelines onarbitrator’s awards is notcurrently clear. However,in states that use the AMAGuidelines, the impacthas been awards far belowthose in Illinois compensation cases.Addition of a NewEmployer DefensePreviously, workers’ compensationcould be denied where the employeewas so intoxicated that, as a matterof law, the injury arose out of theemployee’s drunken condition and nothis employment. The Act now specificallyexpands the intoxication defense,by stating that an injured worker willnot be entitled to compensation ifthe proximate cause of the accidentof the injury was due to intoxication.Additionally, there will be a rebuttablepresumption if the employee wasintoxicated, that the intoxication wasthe proximate cause of the injury. If anemployee does not submit to testing ofblood, breath or urine at the time of theaccident, that also raises a rebuttablepresumption that the employee wasintoxicated, and that such intoxicationwas the legal cause of the employee’sinjury.The Burden ofProving CausationRemains the SameWhile many changes in the Actlimit the rights of the injured worker,one hard fought issue remained thesame. Illinois law requires an employeeseeking recovery to prove thatthe accident “arose out of ” and “inthe course of ” employment. The businesscommunity had sought a changein the standard, so that the injuredworker would have to prove that theaccident was a “significant factor” orthe “primary cause” of the injury. Thisspecifically targeted repetitive traumainjuries where an injured worker hadbeen working in a factory or a buildingsite for many years repeatedly doingcertain activities and their body wearswithout any specific trauma. Therewas no change on what is required tobe proved.ConclusionThe Act has made significant changesto the Workers’ Compensation Actand to worker benefits. Next monthwe will focus on additional changesand their impact to both the employerand employee.Ireland Network Chicago MembersForum for Business & Service ProvidersBy Imelda Gallagher – IN Committee MemberIn a recently published IAN article,members of the Ireland Network Chicago(IN) were delighted to introduceour group and ourselves to IAN readers.IN is a business andsocial network of <strong>Irish</strong>people living and workingin the Chicagolandarea. We mentioned thatthe IN acts as “a readilyaccessible and relevant forum for thesharing of individual resources, expertise,industry knowledge, businessopportunities, contacts, connections;to share individual experiences, successesand challenges for the benefitof the membership at large; and tosupport newly-arrived <strong>Irish</strong> in theirefforts to connect with the greaterChicago business and social community.”The IN wishes to promotebusiness relationships within a socialsetting to be mutual beneficial for ourmembers and also enjoyable!IN is proceeding with our commitmentto these objectives by announcingour first Members’ Forumfor Business Owners and ServiceProviders. The Forum will take placeon Friday, October 7, <strong>2011</strong> from6-9pm at The Gage, 24 S. MichiganAve. The Forum will provide businessowners with the opportunity to showcasetheir businesses at this event.Each business can reserve a spaceat the Forum to promote and markettheir business in a social setting of“business network-minded” peoplewhere business owners can speak toIN members and attendees while theyare circulating socially at this event.The Members’ Forum will replace theusual IN First Friday informal socialevent for October, but will retain thesocial element. We are delighted withthe high participation at these FirstFriday events and anticipate that itwill be a great opportunity for businessowners and participants to learnabout the businesses and servicesavailable within the community. Allare welcome!The Forum showcasespaces for business ownersand service providersare $150 and are available to SubscribedMembers only. It is a greatopportunity to learn more aboutthe industries, services and marketsrepresented within the INmembership. Currentlythe companies alreadysigned up are: <strong>American</strong>International Realty, ArtaneConstruction, BIKAccountants, Concord Group, ConlonReal Estate, Conor Cunneen, <strong>Irish</strong><strong>American</strong> Heritage Center, McEnteeLaw, Perl Mortgage and SoluisceSolutions. There are more spacesavailable!One of the Forum participants,Greg Lloyd, President of SoluisceSolutions Inc. said that “the IrelandNetwork is always open to ideas andsuggestions about how to further supportand encourage business developmentand awareness. The Network isproactive, energy is always high andthe people are great to work with.” Wehope that other Forum participantswill have similar positive experienceswith the IN through this Forum.All are welcome to attend thisMembers’ Forum and admissionis free for attendees. There will beappetizers served courtesy of TheGage and there will be an open baravailable for Subscribed Membersuntil 8pm courtesy of IN (cash bar fornon-members). New members maysubscribe at any IN event for $50 perannum which will provide access tothe IN Chicago website. Also comingsoon, there will be access to theIN-USA website to connect with ourmembers nationwide.For more information about howto sign up for the Members’ Forum,please contact: Ken Dooley 312-305-4919; Rachel McCormac 773-316-9400 or Deborah Ryder 312-342-7150. You may also visit our website:www.theirelandnetwork.com.We look forward to seeing youat the Members’ Forum on Friday,October 7, <strong>2011</strong> at 6pm!