Livingstone, Mueller, O'Brien & Davlin, P.C
Illinois Workers' Compensation & Civil Litigation
About the Firm

Since 1953 our firm has provided legal expertise and representation to clients across the state of Illinois. Today the firm concentrates in the areas of workers’ compensation and civil litigation in state and federal courts.

Workers' Compensation

Several of our attorneys specialize in the area of workers’ compensation representing employers and employees in trials and appeals before the Illinois Workers’ Compensation Commission and the Illinois Appellate Court. Our attorneys have spoken on various workers’ compensation topics at numerous seminars and as a part of the judicial training given to the arbitrators and commissioners of the Illinois Workers’ Compensation Commission.

Civil Litigation

Attorneys at Livingstone, Mueller, O'Brien and Davlin, P.C. also handle civil litigation cases such as personal injury. Our trial lawyers have successfully represented clients in numerous civil lawsuits.

Meet the Team

Dennis O'Brien
dsob@livingstonelaw.com

Bar Admissions:
Illinois
United States District Court for the Central District of Illinois 

Education:
Loyola University of Chicago, Chicago, Illinois, J.D.
Dominican University, River Forest, Illinois, B.A. 

Areas of Practice:
Workers’ Compensation
Personal Injury Litigation
Employer’s Liability/Contribution           

Representative Cases:
White vs. Illinois Workers' Compensation Commission, 374 Ill. App. 3d 907, 873 N.E.2d 388 (2007)

  • The appellate court affirmed the denial of the claim due to the employee’s failure to provide proper notice.

Hatfill vs. Industrial Commission, 202 Ill. App. 3d 547, 560 N.E.2d 369 (1990)

  • The employee’s claim for benefits was denied because the employee engaged in a dangerous act for his own personal benefit. This denial was affirmed by the appellate court.

Horath vs. Industrial Commission, 96 Ill.2d 349, 449 N.E.2d 1345 (1983)

  • The Illinois Supreme Court held that the Illinois Workers’ Compensation Commission does not have to accept the opinion of a physician when that physician's opinion is based on an incorrect or incomplete history from the patient.

Professional Associations and Memberships:
Sangamon County Bar Association
Illinois State Bar Association
American Bar Association

Publications:
Has presented and published more than forty articles in Continuing Legal Education textbooks including:

The Proper Use of Medical Records and Reports, The Trial of a Workers' Compensation Case and Beyond, Illinois State Bar Association Law Ed Series, 1990

Second Injury Fund and Rate Adjustment Fund Cases, Advanced Workers' Compensation in Illinois, National Business Institute, 1991, 1993, 1994

Workers' Compensation - Practical Approach to the Difficult Cases, Illinois State Bar Association Law Ed Series, Bloomington, Illinois, March 17, 1989

After the Arbitration – Preparing the Proposed Decision for the Arbitrator, Workers’ Compensation Seminar 2004, Illinois Institute for Continuing Legal Education, 2004

Civility During Depositions; Resolving Problems; Ethical Considerations, Starting Points!  Taking Your First Doctor’s Deposition, Illinois Institute for Continuing Legal Education, 2007

Medical Deposition Preparation, (with Timothy Shay and Dr. Scott Kale) Starting Points! Filing and Responding to a Workers’ Compensation Claim, Illinois Institute for Continuing Legal Education, 2008

Wage Loss, (with Jean Swee and David Barasch), Advanced Workers’ Compensation: Trial Practice Under the New Act, Illinois Institute for Continuing Legal Education, 2012

Avoiding Ethical Obstacles, Workers’ Compensation Hearings: Techniques and Strategies for Success, National Business Institute, 2013

The Ethical Use of Social Media, Workers’ Compensation Institute, Illinois Institute for Continuing Legal Education, 2014

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L. Robert Mueller
lrm@livingstonelaw.com

Bar Admissions:
Illinois
United States District Court for the Central District of Illinois 

Education:
Southern Illinois University at Carbondale, J.D.
Lawrence University, B.A. 

Areas of Practice:
Occupational Diseases
Workers’ Compensation 

Representative Cases:
Eva Segers v. Industrial Commission, 191 Ill. 2d 421, 732 N.E. 2d 488 (2000)

  • Convinced Illinois Supreme Court to reverse the Appellate Court and interpret Section 9 of the Occupational Diseases Act to deny the claim for benefits.         

Professional Associations and Memberships:
Sangamon County Bar Association
Illinois State Bar Association

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D. Scott Murphy
murphyslaw@livingstonelaw.com

Bar Admissions:
Illinois

Education:
Thomas Cooley Law School, J.D.
MacMurray College, B.S.

Areas of Practice:
Workers’ Compensation

Representative Cases:
Robert Pritchard v. Sparkling Clean Carwash, 13 IWCC 354, 2013 Ill. Wrk. Comp. LEXIS 389 (2013)

  • Successfully prosecuted an appeal of an arbitrator’s decision and obtained a commission decision allowing the employer to impeach the credibility of the employee with a criminal conviction. 

Jeff Edwards v. Cloverleaf Grain, 13 IWCC 424, 2013 2013 Ill. Wrk. Comp. LEXIS 370 (2013)

  • Successfully defended a workers’ compensation claim in which the claim for benefits was denied due to lack of notice provided to the employer.

Professional Associations and Memberships:
Illinois State Bar Association
Sangamon County Bar Association

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Kenneth S. Bima
ksb@livingstonelaw.com

Bar Admissions:
Illinois 

Education:
Creighton University Law School, J.D.
University of Illinois, B.A. 

Areas of Practice:
Workers’ Compensation Defense

Representative Cases:
Donald Klingele v. Illinois Workers’ Compensation Commission, 2012 IL App. (4th) 110532WC-U, 2012 Ill. App. Wrk. Comp. LEXIS 2291

  • Successfully obtained appellate court approval of an Illinois Workers’ Compensation Commission decision denying petitioner benefits for an alleged work injury resulting in a lumbar fusion with permanent restrictions.

Connie Wheeler v. Illinois Workers’ Compensation Commission (Excel Corporation), 2012 Ill. App. (4th) 110480WC-U, 2012 Ill. Wrk. Comp. LEXIS 2263

  • Successfully obtained appellate court approval of an Illinois Workers’ Compensation Commission decision denying petitioner’s left shoulder rotator cuff tear on the issue of causal connection.

 

Victoria Kessler v. McNally 13 IWCC 712, 2013 Ill. Wrk. Comp. LEXIS 811

  • Persuaded the Illinois Workers’ Compensation Commission to affirm the decision of the arbitrator denying petitioner’s claim on the issues of accident and causal connection. Petitioner was claiming an odd lot permanent total disability with exposure in excess of $1,000,000.00.

Melissa Wagner v. Community Care Systems, Inc. 13 WC 01726, 2014 Ill. Wrk. Comp. LEXIS 175

  • Persuaded the Illinois Workers’ Compensation Commission to affirm the decision of the arbitrator finding that while petitioner was a traveling employee her actions were not reasonable and foreseeable by the employer. 

Ronald Fuccillo v. ATA Airlines 13 IWCC 1061; 2013 Ill. Wrk. Comp. LEXIS 1092

  • Through circuit court, successfully denied petitioner’s claim that Illinois had jurisdiction over his accident on the theory that he employment was principally localized in Illinois.

Professional Associations and Memberships:
Sangamon County Bar Association
Illinois State Bar Association

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