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 …

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 …

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 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 …

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 …

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, …

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 …

I&F Prevails where Petitioner is Unable to Prove Blue Face Discoloration related to Explosion at Work

In light of recent events, I&F is happy to report a return to the OLD normal as we recently obtained a “no liability” arbitration decision following a trial involving a petitioner who alleged that he sustained permanent skin discoloration due to an accident at work.  In this case, the petitioner, a mechanic employed by the …

IL WC UPDATE: IWCC Procedures for June

As Illinois and the IWCC, like the rest of the country, continue to grapple with logistical issues due to COVID-19, the Commission has issued "Special Circumstance" monthly review call procedures for the Commissioners. They are as follows: a.   All Commissioners will conduct June 2020 Monthly Review Calls by Webex. b.   There will be NO in-person …

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 …

IL WC UPDATE: IWCC Issues Guidance for June Dockets

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 …

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 …

Illinois Workers’ Compensation Commission Repeals Emergency COVID19 Rules

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.  …

IL WC Update: Commission to Hold Emergency Meeting at 10am Today to Discuss Repeal Of 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 …

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 …

IL WC Update: Illinois Workers’ Compensation Commission Issues Updated Arbitration Procedures for May

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 …

Illinois Chamber of Commerce joins with Insurance Industry Groups to Oppose IWCC’s Emergency COVID19 Rules

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 …

IL WC Update: Temporary Restraining Order Sought Regarding New COVID-19 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 …

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 …