Legislative Update COVID-19 Presumption

On May 21, 2020, the Illinois Senate passed HB2455. The bill has now been sent to the House for final passage which is expected to occur today. Click link below for the bill. The presumption created in the Workers’ Occupational Diseases Act begins on page 15.

http://ilga.gov/legislation/fulltext.asp?DocName=10100HB2455sam002&SessionID=109&GA=101&DocTypeID=HB&DocNum=2455&print=true

Please use the link to review the memo from the Chairman outlining and explaining the procedures that will be in effect beginning June 1^st.   Please note the following highlights:

1. All status calls and pre-trials will take place via Webex.  Only actual trials and pro se approvals require appearances.
2. All cases that do not receive a trial date (either via the call because they are above the line or motion) will be RTC’d regardless of whether they are above the line.
3. All cases that receive a trial date will be set for the first half of the docket for pre-trial. All pre-trials will occur via Webex.
4. If trial is desired, the arbitrator will set it for trial at a set time during the second half of the docket.
5. The requesting party must provide notice of the trial date in writing of the scheduled hearing date.
6. A copy of all motions must be emailed to the arbitrator no less than 48 hours in advance of the status call.
7. Downstate pro se approvals are to be arranged with the Arbitrator for an appearance date via email.
8. Chicago pro se approvals will be on Wednesdays.
9. PPE is required for everyone for all appearances.

The calendar for June is attached along with the Chairman’s memo.  

Letter and memo provided by the Chairman.

• Letter - May 5, 2020
• Memo - May 5, 2020

On April 23,  Sangamon County Circuit Court Judge John M. Madonia entered a TRO temporarily prohibiting the enforcement of the IWCC emergency rule creating a rebuttable presumption for COVID-19 cases affecting first-responders, health care workers and other essential workers. The TRO was requested in a  lawsuit filed by the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association on April 22, challenging the emergency rule. The Attorney General has been given until April 30 to file a response and the parties have been ordered to reconvene on May 4 for potential arguments. 

WCLA NOTICE OF EMERGENCY AMENDMENTS

 IWCC EMERGENCY AMENDMENT

Notice of Emergency Amendments

IWCC UPDATE: EMERGENCY CALL CONTINUES THROUGH 4/30/2020

The chairman has posted an update limiting the hours of in-person filing to between 10:00 am and 2:00 pm effective March 25^th.  All mail-in filings are being processed as normal.  For the full memo, please click here.  

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 basis) for presentation of “valid” emergency motions only. “Valid” emergencies include issues involving the expiration of a statute of limitations, a party can reasonably be expected to suffer an unacceptable hardship, if not heard on an expedited basis. Motions which do not constitute “valid” emergencies will be stricken. Simply put, if the emergency basis of the motion is not a valid emergency that justifies the risk associated with holding an in-person hearing in the midst of a national emergency and global pandemic, the motion will be stricken.
Access to the Emergency Motion Call will be limited to one individual per party. Parties may be required to sign in and out of the facility. The Emergency Arbitrator is empowered to manage the Call in a manner he or she believes is reasonable to ensure the administration of justice and minimize the health and safety concerns connected to the COVID-19 pandemic. Refusal to follow the directions of the Emergency Arbitrator will be grounds for removal from the call and striking of the motion.

The following is a list of the locations for each of the Zones. Emergency Motion Calls will run from 9:00 AM to 12:00 Noon at the below locations on the indicated dates:

Chicago cases will be heard at the IWCC’s Chicago Office: Monday (3/23), Wednesday (3/25), and Friday (3/27)
Zone 1 cases will be heard at the IWCC’s Collinsville Office: Tuesday (3/24) and Thursday (3/26)
Zone 2 cases will be heard at the IWCC’s Springfield Office: Monday (3/23) and Wednesday (3/25)
Zone 3 cases will be heard at the IWCC’s Peoria Office: Wednesday (3/25) and Friday (3/27)
Zone 4 cases will be heard at the IWCC’s Chicago Office: Monday (3/23), Wednesday (3/25), and Friday (3/27)
Zone 5 cases will be heard at the IWCC’s Rockford Office: Tuesday (3/24) and Thursday (3/26)
Zone 6 cases will be heard at the IWCC’s Chicago Office: Monday (3/23), Wednesday (3/25), and Friday (3/27)
Pro Se settlements may be presented to the Emergency Arbitrator on the second day of the Call, only.

The Chairman advises that, prior to making use of the Emergency Motion Call, attorneys should engage in personal consultation and make reasonable attempts to resolve differences. The Chairman believes Illinois Supreme Court Rule 201(k) and Rule 3.4 of the Illinois Rules of Professional Conduct serve as appropriate guides for counsel during these exceptional times.
As these events continue to evolve, we will work with the Governor’s Office and Illinois Department of Public Health to address this rapidly changing situation. Until directed otherwise, all other Commission operations will continue as usual. Parties are advised that any statutory filing deadlines and statutes of limitations will not be affected by these measures, and the Commission will continue to process all usual documents and filings by mail, and in person delivery.
The Chairman’s Office will reassess the need to extend or expand these measures on an ongoing basis.
Chicago – Chicago – James R. Thompson Center, 100 W Randolph St. 8-200, Chicago, IL 60601
Zone 1 – Collinsville – 1803 Ramada Blvd STE B201, Collinsville, IL 62234
Zone 2 – Springfield – 4500 S. Sixth St, Springfield, IL 62703
Zone 3 – Peoria – 401 Main St 6th Floor, Peoria, IL 61602
Zone 4 – Chicago – 100 W Randolph St., 8-200. Chicago, IL 60601