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Emergency Rule Blocked

On April 24, 2020, Judge Madonia in Sangamon County, entered a Temporary Restraining Order (TRO), stopping the Illinois Workers’ Compensation Commission from using the Emergency Rule that created a rebuttable presumption that if a First Responder or Front-Line Worker contracted COVID-19 that exposure was casually related to their work activities.

This is in response to a lawsuit filed by the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association. The lawsuit is supported by other business and insurance groups.

This order DOES NOT prevent a First Responder or Front-Line Worker from receiving benefits for a COVID-19, it only removes the rebuttable presumption. On April 27, 2020, the Workers' Compensation Commission held an Emergency Board Meeting. The Board voted 10-0 today to repeal the emergency rule. The Chairman indicated that the granting of the TRO would cause significant delay and create uncertainty for the rule. He is creating a task force to review other avenues to address the issue.

We expect there to be further developments at the Commission or legislatively on this issue and will keep you informed of any updates.

If you have any questions about a COVID-19 exposure or other work-related injuries please call 1-800-572-1136 and speak with an attorney.

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