News

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 The law mirrors the repealed Commission rule, that front line or essential workers (as defined by the Executive Order from March 2020) alleging COVID-19 exposure and contraction shall be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

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