On January 13, 2021, the Illinois General Assembly passed HB4276, which has implications for COVID-19 workers’ compensation claims in Illinois. This bill extends application of the original rebuttable presumption legislation enacted in June, 2020, which states that front line or essential workers (as defined by the Executive Order from March 2020) alleging COVID-19 exposure and
In our last alert, we discussed the threshold question for compensability of workers’ compensation claims arising out of adverse reactions to the COVID-19 vaccine. As a point of clarification, we wanted to make our clients aware of Section 11 of the Illinois Workers’ Compensation Act and Section 1(d) of the Occupational Diseases Act as well.
With the recent good news surrounding the development and release of COVID-19 vaccines, we received questions from our clients on whether (1) an employer can mandate a vaccine, and (2) potential workers’ compensation liability. Certainly, employers have an interest in not only keeping their employees safe from both a health and liability perspective, but there
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
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
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
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
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
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
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
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