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Friday, April 24, 2020

BREAKING: Court Issues TRO to Stop New Workers Compensation Rules

Last week, we reported on the Workers’ Compensation Commission’s adoption of Emergency Rules that provide a rebuttable presumption that a diagnosis of COVID-19 in First Responders, Front Line Workers and Crucial Personnel in Essential Businesses arose out of and occurred in the course of their employment and is causally connected to the employment for purposes of a Workers' Compensation claim. 

Subsequently, the Illinois Manufacturers Association and Illinois Retail Merchants Association filed a lawsuit against the Commission in Sangamon County asking the Court to issue a temporary restraining order (TRO) to stop the Commission from implementing the new rules on the basis that the Commission exceeded its authority in passing those rules.  

Yesterday, a Sangamon County Judge entered a TRO that temporarily stops the Commission from implementing these new rules. The Attorney General (represnting the Commission in this case) has until April 30th to file a Response to the TRO in the circuit court, and the court has scheduled the case for argument on May 4th. The Commission could also decide to appeal the TRO. If the Commission does not appeal the TRO, or if the TRO is upheld, the circuit court will then have to decide the question of whether the Commission had the authority to adopt and implement these rules and whether to invalidate those rules permanently.

We will keep you posted on how this matter moves forward in the courts.  

Post Authored by Greg Rode, Ancel Glink


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