IL COVID-19 Rebuttable Presumption Set to End

As Illinois employers and insurers are all too aware, during the January Session, the IL General Assembly approved HB 4276 and the Governor signed PA 101-653 into law which extended the COVID rebuttable presumption provision under the Workers’ Occupational Diseases Act to June 30, 2021. During the Spring Session, however, the legislature declined to allow …

I&F Prevails on Review on Recommended Cervical Surgery and Bariatric Surgery

I&F attorney Michael Bantz secured his third favorable decision in the last year before the Illinois Workers' Compensation Commission (IWCC), in a case where the IWCC reversed the Arbitrator on the issues of whether the petitioner’s recommended cervical surgery and bariatric weight loss surgery were related to his accident.  The IWCC adopted the respondent’s arguments …

IL Workers’ Compensation & the Illinois Biometric Information Privacy Act (BIPA)

The Illinois Biometric Information Privacy Act (BIPA) went into effect in 2008. The Act is an effort to safeguard/regulate how private entities collect, use, and share biometric information and biometric identifiers. BIPA has been used to file class action lawsuits or attempted class action lawsuits against Facebook, Six Flags Amusement Park, ADP, Ritz Carlton, Panera, …

IL Worker’ Compensation: Finger Amputations

We have recently received several questions from our clients regarding the requirements for payment of statutory loss for finger amputations under the Illinois Workers’ Compensation Act. Section 8(e)(8) of the Act provides that the loss of the first or distal phalanx of a finger by amputation shall be considered the loss of 50% of that …

IL WC Alert: Supreme Court Analyzes Risk of Common Movements and Everyday Activities

It is not everyday that a workers’ compensation case makes it all the way to the Illinois Supreme Court and when it does, we take notice. McAllister v. The Illinois Workers’ Compensation Commission, et al, (North Pond, Appellee) is one such case that may have major ramifications on workers’ compensation claims in Illinois. In this …

Covid in the Workplace: Sen. Cornyn introduces Safe to Work Act

Here at Inman & Fitzgibbons, we constantly monitor both state and federal legislation that could impact workers’ compensation and employer issues. The federal SAFE TO WORK ACT, introduced by U.S. Senator John Cornyn, is one such bill. The purposes of the SAFE TO WORK ACT is to limit exposure to employers and provide broad protection …

Inman & Fitzgibbons, Ltd. Expands to Minnesota

I&F is proud to announce that Partners Kristin Thomas and Allison Mecher had the honor of appearing (virtually) before Minnesota Supreme Court Justice Paul C. Thissen on July 21, 2020 to be sworn in to the Minnesota Bar. Allison and Kristin expand the firm’s practice to St. Paul, Minnesota, and will cover the entire state …

IL WC Update: Thorough Accident Investigation leads to ruling in Respondent’s favor at Circuit Court

In a case with exposure in excess of $150,000.00, I&F Attorney Frank Johnston prevailed in an appeal to the Circuit Court in defense of an alleged accident brought by a police officer. The Circuit Court agreed with the Arbitrator and Commission in finding that no accident took place. After years of litigation, Petitioner walked away …

IL WC COVID-19 UPDATE: Gov. Pritzker signs HB 2455 into law

As we have previously reported, legislation was introduced to address Covid-19’s impact on Illinois workers and the Illinois Workers’ Compensation Act. Earlier today, Gov. Pritzker signed HB 2455 into law as PA 101-633. The new public act makes a number of different changes to various laws, including workers' compensation. A summary of the changes can …

Illinois WC Update: Agreement Reached regarding COVID-19 Rebuttable Presumption

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 …

IL UPDATE: House Bill Proposes New Cause of Action Against Illinois Employers for Lack of PPE

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 …

Ohio WC Law and COVID-19

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 …

Wisconsin Creates Limited COVID-19 Rebuttable Presumption

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 …

IL Workers’ Compensation Commission issues additional Emergency COVID-19 Amended Rules

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 …

I&F’s Position on the Illinois Workers’ Compensation Commission’s Emergency Rules Relating to COVID-19 Claims

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 …

Tracking State Level COVID-19 related Legislation

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.

Michigan Dept. of Labor & Economic Opportunity issues COVID-19 Telemedicine Guidance

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 …

Indiana WCB Advises Claim Administrators and EDI Vendors of New Nature & Cause of Injury Codes for COVID-19 Pandemic

The Worker’s Compensation Board of Indiana (INWCB) has issued the following announcement to Claim Administrators and EDI Vendors: The Workers Compensation Insurance Organizations (WCIO) has updated the Injury Description Tables that are used by the International Association of Industrial Accident Boards and Commissions (IAIABC) to reflect specific coding in response to COVID-19. A new Cause …

I&F COVID-19 Update: A Message from I&F President G. Steven Murdock

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Indiana Worker’s Compensation Scheduling Update

The following information has been posted to the Indiana Worker’s Compensation Board Website: Pretrial conferences are cancelled through April 3rd, 2020.  Joint pretrial order forms may be submitted electronically (where applicable) if the parties so desire, using the District email.  Hearings will continue so long as directives from the Governor do not change or the …