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

Operations During COVID-19 Cancellations

As the situation with COVID-19 evolves, we are well-prepared to continue serving our clients in a way that safeguards the wellbeing of our colleagues and clients. We have issued a mandatory work from home directive for our Chicago office. We will have a skeletal crew in the place until further notice. We will remain fully

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 by the World Health Organization.  Originating in Wuhan, China in December, 2019, the disease has now spread across the globe and continues to spread throughout parts of the United States.  While a majority of cases we have seen to date are

Illinois Joins the Legalization of Recreational Cannabis Use Trend – Part III: Workers’ Compensation

Now that cannabis is legal in Illinois, the question arises as what this means for future workers’ compensation claims.  While Parts I & II of our cannabis series covered both a brief overview of the law and employee drug testing, we will now cover how legalization impacts workers’ compensation claims in Illinois. Section 11 of

Illinois Joins the Legalization of Recreational Marijuana Use Trend – PART II: Drug Testing

In just a few short weeks, Illinois will allow for the recreational use of marijuana.  Highlighted in Part I of our series, one of the main concerns employers have raised is on the issue of employee drug testing, and what employers can do under the new law.  While the new Illinois law allows employees to

Assessing Compensability of Injuries from Common Bodily Movements

Injuries resulting from common bodily movements that do not arise from an employment-related risk are not compensable. In McAllister v. Illinois Workers’ Compensation Comm’n, claimant, a sous chef, injured his knee after standing up from a kneeling position while voluntarily looking for a misplaced pan of food. The Commission found that claimant’s injury did not