News

RETURN TO WORK SERIES, PART 1 of 3: CONSIDERATIONS FOR RETURNING TO THE WORKPLACE

As the State of Illinois advances into Phase 5 of its “Restore Illinois” plan, all sectors of the economy have reopened, and employees are returning to the physical workplace. The transition to a “new normal” presents a variety of legal considerations for employers considering the ever-changing governmental COVID-19 policy and guidance. In part one of

GOVERNOR PRITZKER SIGNS HB4276 INTO LAW, EXTENDING REBUTTABLE PRESUMPTION FOR COVID-19 OCCUPATIONAL DISEASE CLAIMS

As expected, on February 26, 2021, Governor J.B. Pritzker signed House Bill 4276 for COVID-19 occupational disease claims in Illinois into law. This law 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

COVID-19 VACCINE: MISSOURI WORKERS’ COMPENSATION AND COMMON QUESTIONS

COVID-19 VACCINE: MISSOURI WORKERS’ COMPENSATION AND COMMON QUESTIONS With the recent development and release of COVID-19 vaccines, we received questions from our clients about whether (1) an employer can mandate a vaccine, and (2) potential workers’ compensation liability if they do so.  Certainly, employers have an interest in keeping their employees safe from both health

KANSAS SUPREME COURT AFFIRMS USE OF 6th EDITION OF AMA GUIDES

The Kansas Supreme Court issued its long-awaited decision in Johnson v. U.S. Food Service, 111725 (Kan. 2021). In this case, Mr. Johnson injured his cervical spine, ultimately requiring a two-level cervical fusion. The claimant submitted evidence from several physicians that his impairment rating under the 4th Edition of the AMA Guides would have been significantly

ILLINOIS GENERAL ASSEMBLY PASSES BILL EXTENDING “REBUTTABLE PRESUMPTION” FOR COVID-19 WORKERS’ COMPENSATION CLAIMS

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

COVID-19 VACCINE: ILLINOIS WORKERS’ COMPENSATION AND COMMON QUESTIONS; ADDENDUM

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. 

COVID-19 VACCINE: ILLINOIS WORKERS’ COMPENSATION AND COMMON QUESTIONS

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

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