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...

27 April

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IWCC Withdraws COVID-19 Rebuttable Presumption Rule

Posted by John Fassola

in News from the IWCC

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...

24 April

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Update Regarding IWCC Procedures and COVID-19

Posted by John Fassola

in News from the IWCC

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...

13 September

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

Posted by admin

in News from the IWCC

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...