According to the Illinois Manufacturer’s Association (IMA), a deal has been reached to address Covid-19’s impact on Illinois workers and the Illinois Workers’ Compensation Act. The proposed bill can be read in its entirety here, but here are a few of the salient points: Who: Covid-19 first-responders or front line workers meaning all individuals employed … Continue reading Illinois WC Update: Agreement Reached regarding COVID-19 Rebuttable Presumption
The Illinois Workers' Compensation Commission has issued the following Special Circumstance Arbitration Procedures and explanations to the Bar and Pro Se litigants: · Each Arbitrator’s June 2020 Monthly Status Calls will be conducted virtually, by WebEx. · Each Arbitrator’s WebEx telephone number and access code will be posted on the Commission’s website. · No less … Continue reading IL WC UPDATE: IWCC Issues Guidance for June Dockets
House Bill 5769 sponsored by Illinois State Representative Andre Thapedi proposes to create the Personal Protective Equipment Responsibility Act which could potentially create a new cause of action against employers for lack of PPE. The proposed Act would require an employer designated as an essential employer to provide personal protective equipment to independent contractors and … Continue reading IL UPDATE: House Bill Proposes New Cause of Action Against Illinois Employers for Lack of PPE
Although the Ohio General Assembly has not yet expanded the law on occupational diseases, this much is certain: Ohio employers will face workers’ compensation claims based on a diagnosis of COVID-19. To establish a compensable case, a claimant must meet a three-factor test: The disease was contracted in the course of their employment;The disease is … Continue reading Ohio WC Law and COVID-19
Facing strong legal challenges to the new Emergency Rules providing a rebuttable presumption that COVID19 was contracted in the workplace for a huge class of Illinois workers, IWCC Chairman Brennan advised in an emergency meeting earlier today that the emergency amendments are being withdrawn due to the time and expense involved with the pending litigation. … Continue reading Illinois Workers’ Compensation Commission Repeals Emergency COVID19 Rules
As readers and Illinois business are well aware, the IWCC recently passed emergency amendments to the Rules Governing Practice establishing a rebuttable presumption that a “First Responder” or “Front-Line Worker” who contracts COVID-19 contracted the virus at work. Those rules may be about to change again. According to the agenda, the item for discussion at … Continue reading IL WC Update: Commission to Hold Emergency Meeting at 10am Today to Discuss Repeal Of Emergency COVID19 Rules.
In follow up to our previous blog post regarding this matter, a hearing was held on April 23, 2020 before Judge John Madonia in Sangamon County on the Motion for a Temporary Restraining Order (TRO) filed by the Illinois Manufacturers Association and the Illinois Retail Merchants Association. On April 24, 2020, Judge Madonia granted the Motion … Continue reading IL WC Update: TRO Granted. IWCC Prohibited from Invoking Emergency COVID-19 Rules.
The IWCC has issued the following update regarding Arbitration procedures for the month of May. MAY 2020SPECIAL CIRCUMSTANCEARBITRATION PROCEDURES a. Arbitrators will conduct May 2020 Arbitration Calls telephonically.b. A telephone call-in number and code will be posted on the Commission website.c. The times and dates for each of the Arbitration Calls will be posted on … Continue reading IL WC Update: Illinois Workers’ Compensation Commission Issues Updated Arbitration Procedures for May
Last evening, the Illinois Chamber of Commerce joined with The American Property Casualty Insurance Association, National Association of Mutual Insurance Companies, Independent Insurance Agents of Illinois, and DRI to file an amicus brief in support of the temporary restraining order (TRO) that was filed yesterday. DRI is an association of defense attorneys and in-house counsel. The Amicus … Continue reading Illinois Chamber of Commerce joins with Insurance Industry Groups to Oppose IWCC’s Emergency COVID19 Rules
Earlier today, the Illinois Manufacturers' Association and Illinois Retail Merchants Association filed a Motion for a Temporary Restraining Order and Preliminary Injunction in Circuit Court in Sangamon County against the Illinois Workers' Compensation Commission and Chairman M. Brennan seeking that the Court enjoin the Commission from invoking the Amendments in favor of or against any … Continue reading IL WC Update: Temporary Restraining Order Sought Regarding New COVID-19 Rules
On April 15, 2020, Wisconsin Governor Tony Evers signed into law Act 185, which creates a rebuttable presumption that first responders who become infected with COVID-19 after coming into contact with a person who has COVID-19 through their employment contracted the illness at work. Employers can challenge this presumption with specific evidence that the injury … Continue reading Wisconsin Creates Limited COVID-19 Rebuttable Presumption
The Illinois Workers’ Compensation Commission conducted an emergency public hearing by telephone yesterday afternoon to discuss further amendments to the Rules Governing Practice, specifically Commission Rule 9030.70, which they had amended on an emergency basis 2 days prior. The result of the revised emergency rule is that any covered Illinois employer, private, public for-profit or … Continue reading IL Workers’ Compensation Commission issues additional Emergency COVID-19 Amended Rules
On April 13, 2020, the Illinois Workers’ Compensation Commission adopted new Rules in Sections 9030.70(1) and (2) of the Rules of Practice before the Illinois Workers’ Compensation Commission to address workers infected with Covid-19. These rules created a rebuttable presumption that employees who contracted the COVID-19 illness did so in the course and scope of … Continue reading I&F’s Position on the Illinois Workers’ Compensation Commission’s Emergency Rules Relating to COVID-19 Claims
In a 9-0-1 vote, the Illinois Workers’ Compensation Commission adopted new Rules in Sections 9030.70(1) and (2) of the Rules of Practice before the Illinois Workers’ Compensation Commission to address workers infected with Covid-19. See the Emergency Rule Amendments here.Download A little background first. Under the Illinois Workers Compensation Act and the Illinois Occupational Diseases … Continue reading Illinois – IWCC Passes Emergency Rule for Covid-19
Michael J. Brennan, Chairman of the Illinois Workers’ Compensation Commission, issue the following message on Friday, April 10, 2020: Based upon the continuing National Emergency and Worldwide Pandemic created by the COVID-19 virus, as well as the lack of technological resources, the Illinois Workers’ Compensation Commission has suspended regular operations during the month of April … Continue reading Illinois IWCC Issues Updated Hearing and Oral Argument Information
The Workers’ Disability Compensation Agency of Michigan has started tracking COVID-19 related claims. To ensure all COVID-19 claims are tracked properly, the Agency has created a new injury code. The Agency asks when filing a form WC-100 and/or WC-701, specific wording be used when the claim is related to COVID-19. See below for instructions regarding … Continue reading Michigan’s Workers’ Disability Compensation Agency begins tracking of COVID-19 claims
On April 2, 2020, Missouri’s Division of Workers’ Compensation issued the following update: April 2, 2020 NOTICE OF CANCELLATIONS - COVID-19 - CHANGE IN OPERATIONS All Conferences, Pre-Hearings, and Show Cause Dismissal Settings will be cancelled from April 20, 2020 through May 29, 2020. The DWC is open for business! Attorneys - Please contact the … Continue reading Missouri’s Division of Workers’ Compensation issues Scheduling Update
The National Conference of State Legislatures has developed an excellent resource to track state level legislation related to COVID-19. Available here. This resource is also available through the I&F COVID-19 FAQ.
A message from Jack A. Nolish, Director of the Michigan Department of Labor and Economic Opportunity, Workers' Disability Compensation Agency, regarding medical treatment during the COVID-19 pandemic: The coronavirus pandemic demands that health care providers and payers reconsider how care is delivered to reduce the risk of further spreading infection. It is vitally important for … Continue reading Michigan Dept. of Labor & Economic Opportunity issues COVID-19 Telemedicine Guidance
A message from Chairman Michael J. Brennan of the Illinois Workers' Compensation Commission: "No authorization has been given to anyone to process pro se lump sum settlement contracts based upon an affidavit [in lieu of petitioner's personal appearance]. Pro se litigants and attorneys may appear before emergency arbitrators for contract approval on the second day … Continue reading Illinois Workers’ Compensation Commission provides additional instructions for Pro Se settlement approval