On April 27, 2020, the Illinois Workers’ Compensation Commission rescinded the previously enacted “Emergency Rule” regarding burden of proof for injured employees diagnosed with COVID-19. Specifically, the actions taken today by the Illinois Workers’ Compensation Commission rescinded the actions it had previously taken on April 13, 2020, when the IWCC added an Emergency subsection to its Rules of Evidence addressing the evidentiary burden in proving a claim for benefits under the Illinois Workers’ Compensation Act/Illinois Occupational Disease Act in a case of COVID-19 exposure.
It appears the action taken today by the Illinois Workers’ Compensation Commission in rescinding its Emergency Rule was in response to the granting of a temporary restraining order in a suit filed in Sangamon County. On April 22, 2020, the Illinois Manufacturers Association and the Illinois Retail Merchants Association filed a Complaint in Sangamon County seeking a temporary restraining order against the IWCC’s Emergency Rule. On April 23, 2020, Judge John Madonia entered a temporary restraining order enjoining the IWCC from implementing the Emergency Rule.
With the Illinois Workers’ Compensation Commission rescinding the Emergency Rule, it makes the Order entered in Sangamon County on the temporary restraining order moot.
It is important to note that this not likely the end of this issue. Comments from both the Illinois Governor and the IWCC Chairman make it clear there will be ongoing discussions about how to extend additional protection to Illinois workers during this COVID-19 pandemic. Our office continues to monitor this situation and provide our clients guidance during these very difficult times.
If you have any questions about the latest action by the IWCC regarding COVID-19 IWCC or any other workers’ compensation questions, please contact attorney Jennifer Barbieri. Ms. Barbieri focuses her practice on representing employers and insurance companies in claims including workers’ compensation and labor and employment litigation.