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 … Continue reading IL COVID-19 Rebuttable Presumption Set to End
Illinois Workers’ Compensation Act
IL Supreme Court to hear case involving Exclusive Remedy Provision
As always, we continue to monitor interesting cases or other cases that are important to our practice and clients that are working their way through the Illinois courts. An appellate court case dealing with the exclusive remedy provision was recently appealed to the Illinois Supreme Court. In Munoz v. Bulley LLC, the defendant entered into … Continue reading IL Supreme Court to hear case involving Exclusive Remedy Provision
Illinois COVID – Workers’ Compensation, PEDA & Pension Code Update
As reported by our friends at the Illinois Chamber of Commerce, early this morning the General Assembly approved HB 4276 the extension of the COVID rebuttable presumption provision under the Workers’ Occupational Diseases Act through June 30, 2021. The measure also amends the Public Employee Disability Act providing that upon the occurrence of circumstances, directly … Continue reading Illinois COVID – Workers’ Compensation, PEDA & Pension Code Update
IL WC COVID Changes for Public Safety Employees
The Public Employees Disability Act (5 ILCS 345/1), known as PEDA, provides public safety employees up to 52 weeks of full salary if that person is injured in the line of duty. Tucked into SB 471, later signed into law by Governor Pritzker as Public Act 101-0651, PEDA was amended via House Amendment #3 to … Continue reading IL WC COVID Changes for Public Safety Employees
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 … Continue reading IL WC Alert: Supreme Court Analyzes Risk of Common Movements and Everyday Activities
Gov. Pritzker Announces Two Appointments to Illinois Workers’ Compensation Commission
Illinois Governor JB Pritzker announced the following appointments to the IWCC: Jeanne AuBuchon will serve as Arbitrator on the Workers’ Compensation Commission.* AuBuchon leads and is an attorney at AuBuchon Law, LLC. AuBuchon is a member of the American Bar Association, Illinois State Bar Association, St. Clair County Bar Association, East St. Louis Bar Association, … Continue reading Gov. Pritzker Announces Two Appointments to Illinois Workers’ Compensation Commission
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 … Continue reading IL WC Update: Thorough Accident Investigation leads to ruling in Respondent’s favor at Circuit Court
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 … Continue reading IL WC COVID-19 UPDATE: Gov. Pritzker signs HB 2455 into law
IL WC Update: TRO Granted. IWCC Prohibited from Invoking Emergency COVID-19 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.
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 … Continue reading I&F’s Position on the Illinois Workers’ Compensation Commission’s Emergency Rules Relating to COVID-19 Claims
Illinois Workers' Compensation Commission issues Update
The IL IWCC just issued the following update: Beginning Monday March 23, 2020, the Commission will move forward with the below Emergency Motion Call for EMERGENCY motions, ONLY. An “Emergency Arbitrator” will be available at the locations and on the dates and times set in the below schedule (this will be updated on a weekly … Continue reading Illinois Workers' Compensation Commission issues Update
IL WC Update: I&F Prevails by proving Petitioner filed his Claim after statute of limitations expired
In this case, Petitioner was injured in an accepted, but unfiled, accident in 2016 when he slipped on ice and fell while walking on the roof of Respondent’s building. Petitioner underwent appropriate medical treatment and was released to return to full duty work. The last medical or indemnity benefit paid on this case was February … Continue reading IL WC Update: I&F Prevails by proving Petitioner filed his Claim after statute of limitations expired
IL WC UPDATE: New Accident While Seeking Treatment from Prior Accident Found Not Compensable
In 2019, the Third District Appellate Court issued a Rule 23 Decision in Gaytan v. The Illinois Workers’ Comp. Comm’n, 2019 IL App (3d) 180141WC-U, in which they found a petitioner’s second accident, suffered en route to treatment for the original accident, not to be compensable. The petitioner originally suffered an accepted accident that caused left…
IL WC UPDATE: New Accident While Seeking Treatment from Prior Accident Found Not Compensable was originally published on Inman Fitzgibbons, Ltd.
IL WC UPDATE: New Accident While Seeking Treatment from Prior Accident Found Not Compensable
In 2019, the Third District Appellate Court issued a Rule 23 Decision in Gaytan v. The Illinois Workers' Comp. Comm'n, 2019 IL App (3d) 180141WC-U, in which they found a petitioner’s second accident, suffered en route to treatment for the original accident, not to be compensable. The petitioner originally suffered an accepted accident that caused … Continue reading IL WC UPDATE: New Accident While Seeking Treatment from Prior Accident Found Not Compensable
IL Amends Exclusive Remedy Provisions of WC and OD Acts
On May 17, 2019, Governor JB Pritzker signed SB 1596 into law as Public Act 101-0006. The new law amends the Illinois Workers’ Compensation Act and the Occupational Diseases Act by removing the exclusive remedy provisions of those Acts as to employees whose latent work injuries manifest more than 25 years after the last date of…
IL Amends Exclusive Remedy Provisions of WC and OD Acts was originally published on Inman Fitzgibbons, Ltd.
IL Amends Exclusive Remedy Provisions of WC and OD Acts
On May 17, 2019, Governor JB Pritzker signed SB 1596 into law as Public Act 101-0006. The new law amends the Illinois Workers’ Compensation Act and the Occupational Diseases Act by removing the exclusive remedy provisions of those Acts as to employees whose latent work injuries manifest more than 25 years after the last date … Continue reading IL Amends Exclusive Remedy Provisions of WC and OD Acts
SB1596 Passes the Illinois House of Representatives
Following our prior post regarding this piece of legislation, we can now report that on March 14, 2019, the Illinois House of Representatives passed SB1596 on a 70-40-1 partisan roll call. Several key issues that Rep. Jay Hoffman (D-Collinsville), one of the sponsors of the Bill, clarified in debate were: 1) the legislation only applies … Continue reading SB1596 Passes the Illinois House of Representatives
Illinois Work Comp Back on the Table with IL SB1596
This Bill amends the Illinois Workers’ Compensation Act and the Workers' Occupational Diseases Act. The Bill provides that certain specific Sections of the Acts limiting recovery do not apply to injuries or death caused by an occupational disease as to which the recovery of compensation benefits under the Acts would be precluded due to the … Continue reading Illinois Work Comp Back on the Table with IL SB1596
The Illinois General Assembly Takes a Fast and Hard Aim at the WC and OD Acts
It was not front and center on Governor Pritzker’s platform that he would be looking to push changes to the Illinois Workers’ Compensation Commission personnel or procedures or pushing for changes to the Illinois Workers’ Compensation Act or Occupational Disease Act, but there were and continue to be quiet discussions at the IWCC and in … Continue reading The Illinois General Assembly Takes a Fast and Hard Aim at the WC and OD Acts
Facts Matter: IL Appellate Court Shows Importance of Thorough & Timely Accident Investigation
The Appellate Court recently affirmed a Commission decision that the petitioner had failed to prove an accident in ZENO PIECHOWICZ, Appellant, v. ILLINOIS WORKERS' COMPENSATION COMMISSION et al., (E.B. Commercial, Inc.; Am.Prop. Mgmt. Co. of Illinois, Inc.; & Brittany Place Condo. Ass'n, Appellees)., 2018 IL App (1st) 171084WC-U. A close look at this decision highlights … Continue reading Facts Matter: IL Appellate Court Shows Importance of Thorough & Timely Accident Investigation
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