On Monday, April 27, 2020, the Illinois Workers’ Compensation Commission repealed the Emergency Rule they adopted on April 16th that shifted the burden of proof onto employers of health care providers, first responders and other essential personnel whose employees contract the COVID-19 virus and file a worker’s compensation claim. The Commission’s actions on Monday followed the issuance of a temporary restraining order last Friday, April 24, 2020, by the Illinois circuit court in Sangamon County, prohibiting enforcement of the Rule.
The Illinois General Assembly will have to pass a law amending the Workers’ Compensation Act in order for the goals of the Commission to provide for this change to be legally implemented.
We will keep you apprised of any further developments. If you have any questions, please contact any of the listed Roetzel attorneys.