Bradford Peterson

Practice Groups:

Product Liability

Workers’ Compensation

Trucking

Arson, Fraud and First-Party Property Claims

Insurance Coverage

Construction

Casualty/Tort Litigation

Office Locations:

Champaign, IL

Phone: 217.344.0060

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News

Attorneys Author IDC Quarterly Articles - 01/20/2017

Eight Heyl Royster Attorneys Featured in Recent IDC Quarterly Publication - 06/06/2016

Five Heyl Attorneys Author Columns in Recent IDC Quarterly - 06/01/2016

57 Heyl Royster Attorneys Recognized by Leading Lawyers - 04/22/2016

Six Attorneys Author IDC Quarterly Publications - 01/15/2016

Nine Attorneys Author IDC Quarterly Publication - 12/07/2015

Eight Attorneys Author IDC Quarterly Articles - 07/10/2015

Eight Attorneys Author IDC Quarterly Articles - 03/05/2015

Peterson and Smith Win Grain Contract Case - 02/19/2015

Heyl Royster Attorneys Author Articles for IDC Quarterly - 12/16/2014

Attorneys Author Articles for 2014 IDC Quarterly Issue No. 3 - 09/04/2014

Heyl Royster Attorneys Author Articles for 2014 IDC Quarterly Issue No. 2 - 06/18/2014

Heyl Royster Attorneys Author Articles for IDC Quarterly - 04/18/2014

Attorneys Author IDC Health Law and Workers’ Compensation Articles - 11/22/2013

Nine Additional Heyl Royster Attorneys Selected as Leading Lawyers - 07/26/2013

Heyl Royster Attorneys Speak at Peoria County Bar Association CLE Programs - 04/12/2013

Firm Attorneys Author IDC Quarterly Columns - 03/29/2013

Heyl Royster Urbana Attorneys Selected to Chair Illinois State Bar Association Committees - 06/29/2012

Education

  • Juris Doctor, Southern Illinois University, 1987
  • Bachelor of Science (with honors), Illinois State University, 1984

Year Joined Firm

1987

 

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Heyl Royster

 

Attorneys

Bradford Peterson (Shareholder)

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Brad's practice is divided between workers' compensation, civil litigation and Medicare Secondary Payer Act compliance. He is experienced in the defense of construction and motor carrier liability, insurance coverage, workers' compensation, and Medicare Secondary Payer Act compliance.

For over a decade Brad has had a special interest in Medicare Set-Aside Trusts and the Medicare Secondary Payer Act. He has written and spoken extensively on these issues. Brad was one of the first attorneys in the State of Illinois to publish an article regarding the application of the Medicare Secondary Payer Act to workers' compensation claims: "Medicare, Workers' Compensation and Set-Aside Trusts," Southern Illinois Law Journal (2002). He has also closely followed developments regarding the need for Medicare Set-Aside accounts in liability cases. In 2010, his article entitled "Medicare's Interests in Future Medical Expense Under Liability Settlements and Judgments" was published in the Illinois Bar Journal (January 2010). Brad is a Certified Medicare Secondary Payer Professional (CMSP), having completed a 36-hour program and examination designed by LASIE (Louisiana Association of Self Insured Employers) to give advanced knowledge and practical skills in Medicare secondary payer compliance.

Brad is a member of the Champaign County and Illinois State Bar Associations. He is a member of the National Association of Medicare Set-Aside Professionals. He served a number of terms in the Illinois State Bar Association Assembly. Brad has been a member of the ISBA Bench and Bar Section Council and served as its Chair in 2000-2001. Brad also served on the ISBA Workers' Compensation Section Council where he served as its Chairman in 2012-2013 and he is a past editor of the Workers' Compensation Section Newsletter. Brad currently serves as the contributing editor of the Workers' Compensation Report for the Illinois Defense Counsel Quarterly. Brad has spent his entire legal career with Heyl Royster beginning in 1987 in the Urbana office.

Significant Cases

  • Johnson v. Daimler Chrysler Corporation, Blane Warren and Aladdin Electric Obtained favorable settlement (structured settlement with cost in low seven figures) in negligent entrustment and product liability action involving death of an accountant with wife and two children.
  • Tracy Green v. Freitag-Weinhardt Obtained favorable settlement of workers' compensation claim and third-party liability claim against petitioner/plaintiff's employer.  Plaintiff suffered from fractures to the T11-T12 vertebra with resulting paraplegia.  Seven figure settlement reached with primary defendants and third-party liability claim as well as workers' compensation claim resolved through workers' compensation lien waiver and partial satisfaction of future medical expense.
  • Shuman v. Lauhoff Grain Company Workers' compensation decision for the respondent in case involving disputed hearing loss claim brought by a 37 year employee.  Ruling in favor of respondent based, in part, upon proof that respondent had in place mandatory hearing protection during the entirety of petitioner's career.
  • West v. Kirkham 207 Ill. App. 3d 954 (4th Dist. 1991) Recognized that trial court may find plaintiff contributorily negligent as a matter of law.
  • Propst v. Weir 937 F.2d 338 (7th Cir. 1991) Application of qualified immunity for university officials in First Amendment Retaliatory Transfer claim.

Publications

  • “Commission Issues Proposed Amendments to Rules of Practice,” Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Employees Innocent, But Injurious Self-Treatment Fails to Break Causal Connection," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Appellate Court Rejects Petitioner's Attorney's Fees Claim as to Future Medical Benefits Suspended by Virtue of Third-Party Judgment," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Protecting Medicare Advantage Plans' Recovery of Conditional Payment of Medical Expenses," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Circuit Court Lacks Jurisdiction Over Common Law Fraud Claims Where Arbitrator Previously Ruled on Fraud Abuse," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Estate Entitled to Recover Accrued PPD Benefits Regardless of the Existence of Dependents," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Foundation No Longer Required for Medical Opinions Contained in Medical Records," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Appellate Court Further Restricts Employer's Ability to Terminate Temporary Total Disability Where Employee Was Discharged for Cause," Illinois Defense Counsel Quarterly (2015) - Download Article 
  • "Workers' Compensation Report: The Illinois Appellate Court Departs from the Increased Risk Doctrine," Illinois Defense Counsel Quarterly (2014) – Download Article
  • "CMS Begins to Reform Conditional Payments Process and Proposes Rules for the Re-Review of Rejected Medicare Set-Aside Proposals," Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Are All Workplace Stairway Falls Now Compensable in Illinois?" Illinois Defense Counsel Quarterly (2014) - Download Article
  • "Illinois Chamber of Commerce Releases Report on Judicial Activism in Workers' Compensation Rulings," Illinois Defense Counsel Quarterly (2014) – Download Article
  • "SMART Act Medicare Reforms Become Law," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Are Temporary Partial Disability Benefits Subject to a Maximum Rate?" Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Illinois Supreme Court Applies the Mailbox Rule to Circuit Court Reviews," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Calculating the Credit for Prior Amputation Payments," Illinois Defense Counsel Quarterly (2013) - Download Article
  • "Employers Not Entitled to TTD Credit in 19(g) Proceedings," Illinois Defense Counsel Quarterly (2012)  - Download Article
  • "TTD in a Post-Interstate Scaffolding World," Illinois Defense Counsel Quarterly (2012) - Download Article
  • "Medicare and Future Medical Expenses: Does the Super Lien Apply?" Illinois Bar Journal (2010)
  • "Illinois Workers' Compensation and the Medicare Secondary Payer Act," chapter in Illinois Workers' Compensation Law (2009-2010 Edition) West
  • "Medicare and Medicaid: Workers' Compensation and Medicare Set-Aside Issues," IDC Conference, Medicare and Medicaid: Avoiding Post-Judgment and Post-Settlement Litigation (2009) - Download Article

Public Speaking

  • “Medicare Advantage Plans & Thorny Medicare Issues”
    Heyl Royster's 31st Annual Claims Handling Seminar 2016
  • “Medicare Considerations in Settlement of Civil Cases”
    How am I Going to Settle this Case? IDC Seminar 2016
  • “Intersection of Medicare and Tort Law”
    “Tort Practitioners’ Topics of Interest” ISBA Seminar 2016
  • “Medicare Set-Asides and Conditional Payments Update”
    Heyl Royster's 30th Annual Claims Handling Seminar 2015
  • “Closing Medical Rights: The New Frontier of Medicare Set-Asides and Assignments of Medical Rights with Today’s Defense Strategies”
    Heyl Royster's 30th Annual Claims Handling Seminar 2015
  • “Medicare Secondary Payer Act Compliance and Workers’ Compensation”
    Peoria County Bar Association Workers’ Compensation Seminar 2014
  • “Use of AMA Impairment Ratings in Workers’ Compensation Arbitrations”
    ISBA Workers’ Compensation Section Council Advanced Workers’ Compensation Seminar 2014
  • “Medicare Set-Asides/Conditional Payments Pitfalls and Practice Pointers”
    Heyl Royster 29th Annual Claims Handling Seminar 2014
  • “Medicare Set-Asides in Liability Settlements and Medicare Secondary Payer Act Compliance”
    Stratford Publications, National Webinar 2013
  • “Medicare Set-Asides and Personal Injury Litigation”
    National Business Institute 2012
  • “Workers’ Compensation Claims and the Medicare Secondary Payer Act”
    Stratford Publications National Webinar 2012
  • “Medicare Set-Asides and Conditional Payments Update”
    Heyl Royster 27th Annual Claims Handling Seminar 2012
  • “Medicare Set-Aside Trusts”
    Heyl Royster 26th Annual Claims Handling Seminar 2011
  • “Mock Trial Participant”
    ISBA Workers’ Compensation Section Council 2010
  • “What You Need to Know about Medicare Liens, Conditional Payments and Set-Aside Trusts”
    Heyl Royster 24th Annual Claims Handling Seminar 2009
  • “Federal Bailout MSA Strategies and Developments”
    Heyl Royster 24th Annual Claims Handling Seminar 2009

Professional Recognition

  • Certified Medicare Secondary Payer Professional (CMSP) by the Louisiana Association of Self Insured Employers (LASIE)
  • Selected as a Leading Lawyer in Illinois in the area of Workers' Compensation Defense Law. Only five percent of lawyers in the state are named as Leading Lawyers.

Professional Associations

  • Champaign County Bar Association
  • Illinois State Bar Association
  • Illinois Association of Defense Trial Counsel
  • The National Association of Medicare Set Aside Professionals

Court Admissions

  • State Courts of Illinois
  • United States District Court, Central District of Illinois
  • United States Court of Appeals, Seventh Circuit
  • United States Supreme Court