The Illinois Workers’ Compensation Commission Welcomes new Arbitrators

The IWCC has announced the appointment of three new Arbitrators: Roma Parikh Dalal Roma Parikh Dalal will serve as an Arbitrator on the Workers’ Compensation Commission.* Dalal has most recently served as a Partner at Wiedner & McAuliffe, LTD where she has provided professional legal assistance, advice and counsel on workers’ compensation related matters. Before …

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 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 …

IWCC Announces passing of Arbitrator Michael K. Nowak

From the Illinois Workers' Compensation Commission: It is with great sadness that we offer our condolences to the family of our colleague, Michael Nowak, a kind man, an excellent attorney and an Arbitrator of the Illinois Workers’ Compensation Commission. Michael succumbed to recent illness this past week. Michael Nowak was appointed as an Arbitrator by …

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 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 …

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 …

Illinois Workers’ Compensation Commission provides additional instructions for Pro Se settlement approval

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 …

New IL Arbitrators Appointed

On Tuesday, November 26, Governor Pritzker appointed six IWCC Arbitrators: Joseph Amarilio, Deborah Baker, Adam Hinrichs, Elaine Llerena, William McLaughlin, and Dennis O'Brien. From Governor’s press release: Joseph Amarilio will serve as an Arbitrator on the Workers' Compensation Commission.* Amarilio currently works as a partner at Elfenbaum, Evers, Amarilio and Zielinska, representing injured workers and their …

IL Gov. Pritzker Shows Arbitrators the Door at the IWCC

As reported by our friends at the Illinois Chamber of Commerce, Illinois Gov. Pritzker has made wholesale changes to the landscape of the Illinois Workers' Compensation Commission. Image from Politico The following arbitrators whose appointment were "pending" from 2018 had their appointments withdrawn yesterday: STEPHEN FRIEDMAN  JESSICA HEGARTYCHRISTINE ORY  DOUGLAS STEFFENSONMELISSA ROWE-SULLIVANJEFFREY HUEBSCH Medical Fee …

IL Gov. Pritzker shakes up IWCC with New Appointments

Earlier today, Gov. Pritzker announced that he is appointing Michael Brennan as Chairman of the Illinois Workers’ Compensation Commission. He replaces Joan Fratiani-Atsaves. Other Commission appointments include two, new Public Commissioners. Moving up from her arbitrator position and replacing Mike Brennan is Barbara Flores. Josh Luskin is being replaced by Maria Portela. Both of the …

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 …

I&F Prevails as IL WC Arbitrator Awards a “Zero” for PPD and Orders TTD Credit for Employer

In a recent case before an arbitrator at the Illinois Workers’ Compensation Commission, Attorney Allison Mecher prevailed in defense of an alleged claim for permanent partial disability benefits for eye injuries. The claimant, a cook, alleged that he was pulling a grease scraper brush out of a cabinet and a cleaning chemical fell onto the …

I&F Prevails in IL Claim as Petitioner’s Bilateral Carpal Tunnel Held Unrelated to Work Duties

I&F recently prevailed in a trial over the disputed issue of the Petitioner’s bilateral carpal tunnel conditions.  The Petitioner alleged that her diagnoses and surgeries were due to repetitive trauma from her work as an English Teacher.  The petitioner testified that her duties during the school day required her to use her hands for attendance, grades, …

I&F Upholds Prior Victories in Appeal before Madison County Circuit Court

Partner Kevin Deuschle previously obtained wins at Arbitration and before the Commission, awarding no benefits to the petitioner, in a case involving an allegedly work-related torn meniscus and eventual total knee replacement. The Petitioner had worked as a truck driver for the Respondent and testified that he stepped out and of his truck and down, …