202004.22
0

IL WC Update: Temporary Restraining Order Sought Regarding New COVID-19 Rules

Earlier today, the Illinois Manufacturers’ Association and Illinois Retail Merchants Association filed a Motion for a Temporary Restraining Order and Preliminary Injunction in Circuit Court in Sangamon County against the Illinois Workers’ Compensation Commission and Chairman M. Brennan seeking that the Court enjoin the Commission from invoking the Amendments in favor of or against any…

202004.16
0

IL Workers’ Compensation Commission issues additional Emergency COVID-19 Amended Rules

The Illinois Workers’ Compensation Commission conducted an emergency public hearing by telephone yesterday afternoon to discuss further amendments to the Rules Governing Practice, specifically Commission Rule 9030.70, which they had amended on an emergency basis 2 days prior.  The result of the revised emergency rule is that any covered Illinois employer, private, public for-profit or…

202004.15
0

I&F’s Position on the Illinois Workers’ Compensation Commission’s Emergency Rules Relating to COVID-19 Claims

On April 13, 2020, the Illinois Workers’ Compensation Commission adopted new Rules in Sections 9030.70(1) and (2) of the Rules of Practice before the Illinois Workers’ Compensation Commission to address workers infected with Covid-19. These rules created a rebuttable presumption that employees who contracted the COVID-19 illness did so in the course and scope of…

202004.14
0

Illinois – IWCC Passes Emergency Rule for Covid-19

In a 9-0-1 vote, the Illinois Workers’ Compensation Commission adopted new Rules in Sections 9030.70(1) and (2) of the Rules of Practice before the Illinois Workers’ Compensation Commission to address workers infected with Covid-19.See the Emergency Rule Amendments here.Download A little background first. Under the Illinois Workers Compensation Act and the Illinois Occupational Diseases Act, the…

202003.20
0

Illinois Workers’ Compensation Commission issues Update

The IL IWCC just issued the following update: Beginning Monday March 23, 2020, the Commission will move forward with the below Emergency Motion Call for EMERGENCY motions, ONLY. An “Emergency Arbitrator” will be available at the locations and on the dates and times set in the below schedule (this will be updated on a weekly…

202003.20
0

Federal Legislative Response to Coronavirus Pandemic

In what is likely to be the first of several actions, President Trump signed into law HR 6201 “Families First Coronavirus Response Act” on Wednesday, March 18, 2020. The first thing to note is that this bill only applies to employers with fewer than 500 employees. The bill impacts a number of employer related programs:…

202003.17
0

Illinois Courts COVID-19 Update: US District Ct., Northern District of IL

The United States District Court, Northern District of Illinois has issued Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 Public Emergency Signed by Chief Judge Rebecca R. Pallmeyer on March 16, 2020 providing important guidance on Court operations. All open cases are impacted by this Amended General Order.  It should be noted that this Order…

202003.16
0

COVID-19 Update: Ohio Industrial Commission

The Ohio Industrial Commission announced yesterday that all workers’ compensation hearings will be continued on Monday, March 16 and Tuesday, March 17, 2020. Until further notice, beginning Wednesday, March 18, the Commission will begin conducting hearings by telephone for the following issues: permanent total disability, temporary total disability or the termination of temporary total disability,…

202003.16
0

COVID-19 Update: Missouri Division of Workers’ Compensation

A message from the Missouri Division of Workers’ Compensation: In the interest of your health and safety, and that of employees at the Division of Workers’ Compensation, please note: Routine matters can be handled by email and tele-conference: See the local office docketing email chart on the DWC website and below to submit requests for…

202003.16
0

Iowa Worker’s Compensation Commissioner Orders Video Hearings

A message from the Iowa Worker’s Compensation Commission: The Iowa Worker’s Compensation Commissioner, in an effort to help mitigate the spread of the novel coronavirus,  issued an Order on March 13, 2020 providing that all hearing scheduled through June 16, 2020 will no longer proceed as in-person hearings.  Instead all regular proceeding hearings shall be…

202003.16
0

Michigan Workers’ Compensation Hearings Update Related to COVID-19

A message from the Michigan Department of Labor and Economic Opportunity: In accordance with Governor Gretchen Whitmer and the Michigan Department of Health and Human Services’ recommendations designed to help prevent the spread of Coronavirus Disease 2019 (COVID-19), effective March 16, 2020 at 5:00 pm, the Workers’ Disability Compensation Agency and the Workers’ Compensation Board of…

202003.16
1

Illinois Courts COVID-19 Update: Cook County & US District Ct., Northern District of IL

The United States District Court for the Northern District of Illinois has issued the following Order regarding the scheduling of pending matters due to the COVID-19 situation. Similarly, the Chief Judge of the Circuit Court of Cook County issued a General Administrative Order last week. Obviously, disruptions to normal work schedules can be expected to continue over the coming…

202003.16
0

COVID-19 Update from the Illinois Workers’ Compensation Commission

From the Illinois Worker’s Compensation Commission: In light of the unprecedented severity of the COVID-19 (Coronavirus) pandemic, in the interests of health and safety, at the Monday March 16, 2020, meeting of the Workers’ Compensation Commission, Chairman Michael J. Brennan will be calling for a vote to suspend all normal in-person arbitration and Commission review…

202003.13
0

Indiana Worker’s Compensation Scheduling Update

The following information has been posted to the Indiana Worker’s Compensation Board Website: Pretrial conferences are cancelled through April 3rd, 2020.  Joint pretrial order forms may be submitted electronically (where applicable) if the parties so desire, using the District email.  Hearings will continue so long as directives from the Governor do not change or the…

202003.13
0

A Message from I&F Regarding COVID-19 / Coronavirus

The spread of COVID-19 has obviously raised significant issues for employers throughout the world. Employers face uncertainty around what they can and should do to promote the health and well-being of their workforce while navigating federal, state, and local regulations and while considering rapidly changing government warnings and restrictions. Although the current circumstances will likely…

202003.12
0

Workers’ Compensation Update: Coronavirus

These are obviously challenging times for employers across the country. Although there is much about this emerging pandemic that will call for navigating uncharted waters, the analysis of potential workers’ compensation exposure need not be one of those issues. In Illinois, for example, The “Illinois Workers’ Occupational Diseases Act” (820 ILCS 310/) is one statute…

202003.06
0

I&F Prevails in IL: Rolling Chair Found Not to be an Increased Risk

Inman & Fitzgibbons secured a “no liability” Arbitration Decision following a recent trial involving an employee who fell to the floor when a chair she went to sit on rolled out from under her. The employee was sitting onto the chair at a work station as she was picking up a telephone to take a…

202002.28
0

I&F Prevails where Amending Application Backfires on Petitioner

In a recent Illinois case handled by I&F, the arbitrator held that Petitioner lacked credibility and denied all benefits. Petitioner, a maintenance worker, had filed an original Application alleging a specific trauma shoulder injury from suddenly reaching and pulling in July 2014.  The event was not reported for a week, and the initial medical treatment (a hospitalization…

202002.12
0

I&F to Host March Seminar with the IL Chamber of Commerce on the Strategic Use of AMA Impairment Ratings

Attorney Allison Mecher will answer your questions about how and when to use Impairment Ratings in Illinois WC cases in a March 5, 2020 online seminar with the Illinois Chamber of Commerce. Register here.

202002.10
0

IL WC Update: I&F Prevails by proving Petitioner filed his Claim after statute of limitations expired

In this case, Petitioner was injured in an accepted, but unfiled, accident in 2016 when he slipped on ice and fell while walking on the roof of Respondent’s building. Petitioner underwent appropriate medical treatment and was released to return to full duty work. The last medical or indemnity benefit paid on this case was February…

202002.04
0

I&F to Host Seminar in IL on Recreational Marijuana’s Impact on the Workplace and Employers

On Tuesday Feb 18, 2020, Partner Colin Mills and attorney Michael Bantz from I&F’s Champaign office will be working with the Champaign County Chamber of Commerce to host a seminar addressing the impact of the new changes regarding cannabis legalization and effects on employers and the workplace. The seminar, entitled Recreational Marijuana’s Impact on Workplace and Employers, will run…

202002.03
0

IL WC UPDATE: New Accident While Seeking Treatment from Prior Accident Found Not Compensable

In 2019, the Third District Appellate Court issued a Rule 23 Decision in Gaytan v. The Illinois Workers’ Comp. Comm’n, 2019 IL App (3d) 180141WC-U, in which they found a petitioner’s second accident, suffered en route to treatment for the original accident, not to be compensable. The petitioner originally suffered an accepted accident that caused left…

202001.29
0

Indiana WC Update: Impact of the ODG Drug Formulary

We are now a year removed from Indiana’s adoption of the (the “Formulary”) and its overall impact on worker’s compensation claims remains somewhat uncertain.  This is true as it relates to litigating disputes over prescription drug approval and the broader impact on overall costs associated with worker’s compensation claims and reducing the opioid epidemic. In…