We previously reported on the new rule adopted by the Illinois Workers Compensation Commission creating a rebuttable presumption for first responders and frontline workers that they contracted COVID-19 while on the job for purposes of workers’ compensation claims. That rule was almost immediately challenged in court as outside the Commission’s legal authority, and a Sangamon County Court issued a TRO stopping the Commission from implementation of the rule.
This morning, the Commission held a meeting and voted to repeal this new rule. That means that workers’ compensation claims will be evaluated under current rules. However, we understand that the Commission intends to submit a request to the Illinois General Assembly that it adopt legislation to formally amend the Workers Compensation Act that would effectively create the same rebuttable presumption through legislation rather than through the Commission’s emergency rules. It seems unlikely that the legislature will meet before June, so this issue may be on hold for the next six weeks or so.
