November 16, 2020

Modified Procedures for Pro Se and Emergency Hearings

November 16, 2020

On November 16, 2020, the Commission announced revised procedures that allow for approval of pro se settlements via WebEx during the suspension of in-person hearings, which is presently in place for the remainder of November 2020.  If the respondent is able to present the arbitrator with an affidavit via e-mail confirming  certain specifics of the claim, e.g., the nature of the injury, whether MMI has occurred, the amount of benefits paid, etc., the assigned arbitrator will consider holding a pro se approval hearing via WebEx.  Wiedner & McAuliffe is prepared to immediately assist Illinois employers secure Commission approval of pro se settlements under this new procedure.

The Commission also announced that certain 19(b) Petitions may qualify for an emergency in-person hearing.  A petitioner attempting to secure such an emergency hearing must file a new 19(b) petition, and present the same to the appropriate emergency arbitrator.  The emergency arbitrator will then determine via a WebEx hearing whether the circumstances warrant an emergency in-person hearing.

Wiedner & McAuliffe will continue to update you as to all significant developments, and our attorneys are available to discuss the impact of the new Commission procedures on employers’ claims.