May 19, 2020

COMMISSION INSTITUTES NEW LITIGATION PROCEDURES EFFECTIVE JUNE 1, 2020

May 19, 2020

Effective June 1, 2020, the Commission has announced new procedures for monthly trial calls and setting cases for hearing.  Under these new procedures, trials, hearings on motions, and pre-trial conferences will all resume.

The new Commission procedures may be found here in their entirety.  Beginning June 1, 2020:

  • The parties may resume presentation of motions at the regularly scheduled trial calls, which will take place telephonically via Webex.  These motions include motions for trial, including 19(b) and 19(b-1) Petitions.  Parties presenting motions must notify opponents in writing of any scheduled Motion hearing.
  • Motions presented at the trial call will be set for telephonic pretrial with the arbitrator on a limited number of days during each trial cycle, the time of which will be assigned at the trial call.  The results of that telephonic pretrial discussion with the Arbitrator will determine whether the case is set for trial later in the trial cycle.  Trials will also take place on limited dates, and will be limited to 4 trials per day.
  • Trials will take place in-person, with social distancing and other protective measures in place.
  • The new procedures also allow for other opportunities to communicate with arbitrators via e-mail, in order to set telephone conferences to address other disputed matters as needed.

The new Commission procedure and arbitration schedule will remain in effect until further notice and will serve to assist in advancing disputed cases to resolution.  Wiedner & McAuliffe looks forward to working with you to navigate these new procedures, and to developing strategies for the most efficient and effective resolution of your workers’ compensation claims.  If you have any questions, please contact us at Wiedner and McAuliffe by email or phone at 312-855-1105.