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Power & Cronin Law Firm > XXXDemo – Blog List with Right Sidebar (Page 3)

Hedman v. City of Elmhurst

Congratulations to Dan Artman and the City of Elmhurst for their successful defense of a rebuttable presumption cardiac claim.  This case involved a firefighter diagnosed with hypertrophic cardiomyopathy. Due to the risk of sudden death should Petitioner be exposed to excessive physical stress, it was recommended by his treating physician that he no longer work as a firefighter. Petitioner claimed that his condition was caused by his work as a firefighter and argued that the rebuttable presumption applied to his claim. The City obtained an opinion from Dr. Richard Carroll that Petitioner’s condition is not causally related to his work for...

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Win Before the Federal Court of Appeals

Congratulations to Jared Vasiliauskas for his win before the Seventh Circuit Court of Appeals in a Title XII discrimination case. Jared was able to successfully argue that a Summary Judgment from the District Court was inappropriately granted. The Seventh Circuit reversed the District Court order and remanded the case for a hearing on the merits....

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McElroy v. Village of Hinsdale

Congratulations to the IRMA and John Fassola for their successful defense of a claim before Arbitrator Christine Ory in McElroy v. Village of Hinsdale. The claimant was a police officer who dislocated his shoulder while on duty. The claim was disputed based on a contention that the activity the claimant was performing on the date of the occurrence (reaching up to press a garage door opener) did not represent an increased risk incidental to the employment. The defense also noted that the claimant had a prior history of recurrent shoulder dislocations, one as recently as three months prior due to...

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Navigating COVID-19: Legal Implications and Guidance

Employers are dealing with a wide variety of issues that have arisen in recent weeks due to the current COVID-19 Pandemic with associated Executive Orders and legislation issued at local, State and Federal levels. This includes the question of whether exposed employees who present claims for benefits are covered under the Illinois Workers’ Compensation Act and Occupational Diseases Act. Due to the rapid onset of this crisis, there simply has not been time for cases involving these issues to be presented to the Illinois Workers’ Compensation Commission for hearing. Nonetheless, the Commission has begun to set out some direction on...

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IRS Guidance for the Families First Coronavirus Response Act

Since our last update on March 26 regarding the Families First Coronavirus Response Act (“FFCRA”), the IRS has provided guidance on the two key provisions of the FFCRA, being the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) which amends Title I of the Family Medical Leave Act (“FMLA”).  Below is a summary of the Guidance recently provided by the IRS.  Additionally, the US DOL has provided additions and modifications(several times to date) to the Rules for the FFCRA that I will summarize in another update. Tax Credits for Eligible Employers The FFCRA provides...

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Update on SBA’s Paycheck Protection Program

The Small Business Administration (“SBA”) has released a Sample Application for the Paycheck Protection Program (“PPP”) made available in the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”).  I have attached the sample application for your review.  Additionally, the SBA has provided updated guidance on the PPP and the application process. Under the PPP, small businesses, nonprofits, sole proprietorships, independent contractors and self-employed individuals are eligible for loans of up to $10 million.  This program is for any small business with less than 500 employees affected by coronavirus/COVID-19.Businesses in certain industries may have more than 500 employees if they meet the SBA’s...

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CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (“CARES Act”)

On March 27th, the President signed the CARES Act, the third coronavirus relief packaged signed by the President.  AT 880 pages and $2 Trillion in economic impact, the CARES Act is very large and contains many important provisions for businesses.  Here we will highlight several of the Act’s key provisions.   PAYCHECK PROTECTION PROGRAM   Title I of the CARES Act is the Keeping American Workers Paid and Employed Act, which establishes the Paycheck Protection Program (“PPP”). Congress has appropriated $349 billion for the PPP, for three months of 100% guaranteed 7(a) loans to cover payroll costs, employer group health, interest on mortgage payments,...

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UPDATED COVID-19 GUIDANCE

UPDATED COVID-19 GUIDANCE Several days into the State of Illinois’ COVID-19 Response and Governor Pritzker’s Stay-Home Executive Order, we want to bring several developments to your attention as you guide your businesses through these difficult times.   The Families First Coronavirus Response Act   The U.S. Congress passed and the President signed into law the Families First Coronavirus Response Act (“FFCRA”) and its requirements go into effect on April 2, 2020.  Further, the Act is effective until, or sunsets on December 31, 2020.  FFCRA applies to all employers with fewer than 500 employees along with all government employers, with limited exceptions.  The FFCRA provides the...

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State of Illinois Executive Order

As you are undoubtedly aware by now, Illinois Governor J.B. Pritzker today issued COVID-19 Executive Order No. 8 (“EO No.8”), under the authority granted by the Illinois Emergency Management Agency Act, 20 ILCS 3305/7(1)-7(12).  The Illinois Emergency Management Agency Act grants the Illinois Governor very broad emergency powers for a period not to exceed 30-days when the Governor Declares a Disaster, which Governor Pritzker did on March 9, 2020.  The Governor may renew this Declaration at the end of the 30-day period.   EO No.8 is a Stay-Home Order which provides limitations on businesses currently operating in the State of Illinois.  EO...

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