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News from the IWCC

Revised IWCC Procedures for June

The Illinois Workers’ Compensation Commission has announced its revised procedures for hearings to take place during the month of June. A copy of the Commission’s memorandum of “Special Circumstance” procedures, a subsequent clarification memo, and the calendar of hearing dates can be found on the Commission's web-site at www2.illinois.gov/sites/iwcc. In summary, the Commission will continue to hold the June status calls in each venue telephonically. If one (or both) of the parties has requested a hearing, the cases will be set on a telephonic pretrial date, per the schedule of available dates in each venue. Depending on the size of the...

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IWCC Withdraws COVID-19 Rebuttable Presumption Rule

Following an emergency meeting this morning, the Illinois Workers’ Compensation Commission has decided to withdraw its recently adopted Rule which created a rebuttable presumption for employees who are exposed to COVID-19. The Rule had created a great deal of concern among Illinois employers, who faced the difficult burden of proving that an employee’s positive COVID diagnosis was not related to a workplace exposure. The Illinois Manufacturers Association and Retail Merchants Association spearheaded a legal challenge to the Rule, and last week successfully obtained a temporary restraining order prohibiting enforcement of the Rule, pending further hearings. The Commission has opted to...

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Update Regarding IWCC Procedures and COVID-19

As expected, there was a legal challenge to the emergency amendment by the Illinois Workers’ Compensation Commission expanding the evidentiary rule regarding COVID-19 cases being rebuttably presumed to be related to an essential employee’s employment. The Illinois Manufacturers’ Association and Illinois Retail Merchants’ Association filed for a temporary restraining order in Sangamon County, arguing that the Commission’s action granted new rights to employees and infringed upon the protectable interests of employers which is a violation of the Illinois Administrative Procedure Act as the Illinois Workers’ Compensation Commission has not been given the authority to create new substantive rights. This was...

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Workers’ Compensation Commissioner Changes, and Bills Affecting the Workers’ Compensation Act

I. - Workers’ Compensation Commission Governor Appointments Chairman:  Commissioner Michael Brennan replaces outgoing Chairman Joann Frattiani Commissioner Public Member: Arbitrator Barbara Flores replaces outgoing Commissioner Michael Brennan Commissioner Labor Member: Attorney Marc Parker replaces outgoing Commissioner Charles Devriendt Commissioner Public Member: Attorney Maria Portela replaces outgoing Commissioner Joshua Luskin Commissioner Labor Member: Arbitrator Doug McCarthy replaces outgoing Commissioner David Gore Commissioner Business Member: Commissioner Kevin Lamborn’s appointment expired. No replacement has been appointed yet. II. - Workers’ Compensation Commission Act Many bills have been filed with the House and the Senate and are pending disposition at this time. Two of these...

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