April 27, 2020

IWCC REPEALS EMERGENCY RULE ON COMPENSABILITY OF COVID-19 CLAIMS

April 27, 2020

On April 27, 2020, the Illinois Workers’ Compensation Commission repealed their emergency rule to the Rules Governing Practice before the Illinois Workers’ Compensation Commission, which created a rebuttable presumption of compensability for COVID-19 claims contracted by workers employed in an essential function during the state of emergency. On April 23, 2020, a temporary restraining order was granted in Sangamon County Circuit Court, after the rule was challenged. Therefore, in lieu of further litigation, the IWCC voted to repeal the emergency rule. While additional emergency rules may arise via legislation or further IWCC action, compensability for COVID-19 claims is now back to the status quo. Therefore, we invite our clients to read our prior alert on compensability of COVID-19, and answers to common questions, which can be found here. Our attorneys remain available to answer your questions on the impact of COVID-19 on your business, and possible precautions you can take from a legal standpoint, by email or phone at 312-855-1105.