Modified Procedures for Pro Se and Emergency Hearings

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

ILLINOIS WORKERS’ COMPENSATION COMMISSION SUSPENDING IN-PERSON HEARINGS

On November 13, 2020 at 5:00PM, the Illinois Workers’ Compensation Commission will suspend all in-person hearings of any kind, in response to continuing issues with COVID-19.  The announcement from the IWCC is as follows: •           There will be no in-person Arbitration or Review hearings of any kind; •           There will be no pro se settlement

Illinois Supreme Court Decision Impacts the “Arising Out Of Elements of Compensability”

Kevin McAllister v. IWCC No. 20 IL 124848 Petitioner, Kevin McAllister, was employed as a sous-chef at Respondent’s restaurant, North Pond. Petitioner’s duties included checking orders, arranging the walk-in cooler, making sauces, prepping and cooking food. While setting up for the evening, Petitioner went into the walk-in cooler to locate a pan of carrots. While

E-Filing of Settlement Contracts Now Mandatory for Most Cases before Illinois Workers’ Compensation Commission

Effective Wednesday, July 22, 2020, the Illinois Workers’ Compensation Commission (“Commission”) has completed the second release of the CompFile system, its e-filing system for the management of workers’ compensation claims.  This release is significant because the Commission will no longer accept/approve physical copies of settlement contracts in most claims.  In fact, only settlements with a

GOVERNOR J.B. PRITZKER SIGNS COVID-19 “REBUTTABLE PRESUMPTION” BILL INTO LAW

As expected, on June 5, 2020, Governor J.B. Pritzker signed House Bill 2455 for COVID-19 workers’ compensation claims in Illinois into law. The law mirrors the repealed Commission rule, that front line or essential workers (as defined by the Executive Order from March 2020) alleging COVID-19 exposure and contraction shall be rebuttably presumed to have

ILLINOIS LEGISLATURE PASSES BILL ADDRESSING COMPENSABILITY OF COVID-19 WORKERS’ COMPENSATION CLAIMS

After a repeal of the emergency rule adopted by the Illinois Workers’ Compensation Commission ruling that exposure to COVID-19 in the workplace will be “rebuttably presumed” to have arisen out of and in the course of employee’s employment, the Illinois General Assembly passed a bill on May 22, 2020, which implements a variation of the

COMMISSION INSTITUTES NEW LITIGATION PROCEDURES EFFECTIVE JUNE 1, 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

DOL Guidance for Employers Regarding the Coronavirus Paid-Leave Mandate

The U.S. Department of Labor recently issued a new rule to provide guidance regarding the Families First Coronavirus Relief Act (“FFCRA”) and the paid sick leave and family leave provided as part of this new legislation.  The following are the three most significant takeaways for employers: 1.              Small businesses are potentially exempt. Notably, employers with

IWCC REPEALS EMERGENCY RULE ON COMPENSABILITY OF COVID-19 CLAIMS

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

COVID-19: What Kansas Employers Should Know

WORKERS’ COMPENSATION FAQs We have received many inquiries about potential workers’ compensation liability for illness related to the COVID-19 pandemic.  Our attorneys at Wiedner & McAuliffe, Ltd. wanted to directly address some of the most common questions. Is COVID-19 a Compensable Workers’ Compensation Claim? The most frequent question concerns whether an employee with COVID-19 could