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On April 27, 2020, the Illinois Workers’ Compensation Commission repealed their emergency rule to the Rules Governing Practice before the Illinois Workers’ Compensation Commission, which created a rebuttable presumption of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

ILLINOIS WORKERS’ COMPENSATION COMMISSION ENACTS EMERGENCY RULE FOR COVID-19 CLAIMS

On April 13, 2020, at the direction of Governor J.B. Pritzker, the Illinois Worker’s Compensation Commissioners voted 9-0-1, to enact an emergency rule to the Rules Governing Practice before the Illinois Workers’ Compensation Commission, to address compensability of COVID-19 claims by workers employed in an “essential function.”  The rule states that where the employee is

Missouri and Kansas Court Procedures During COVID Social Distancing

At Wiedner & McAuliffe, we want you to know that there are opportunities to resolve and close open cases during these uncertain times. The Missouri and Kansas Workers’ Compensation Divisions have scaled back settings, but there are still things we can do to keep some cases moving: Approval of Stipulations by email. The Missouri Division

COVID-19: What Employers Can Do, and Potential Workers’ Compensation Liability

COVID-19, also known as Coronavirus, was recently designated a global health emergency and pandemic. The questions are what duties an employer might have to its employees in relation to the spread of COVID-19 and whether an employee that contracts COVID-19 might have a viable workers’ compensation claim. Although an employer cannot outright ban personal travel

Families First Coronavirus Response Act: What Employers Need to Know

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) into law. The FFCRA is a sweeping legislative initiative seeking to reduce the economic impact of the COVID-19 outbreak on American workers and their families.  In addition to other emergency measures, the new law provides workers with emergency paid leave benefits

COVID-19 PART 2: WORKERS’ COMPENSATION AND COMMON QUESTIONS

With COVID-19 continuing to spread throughout the United States, we have been receiving questions from our clients on potential workers’ compensation liability.  Our alert from March 12, 2020 highlighted COVID-19 in the workplace and common issues on the workers’ compensation front that employers may face. However, our attorneys at Wiedner & McAuliffe, Ltd. wanted to