Heyl Royster

 


Heyl Royster

 

Chairman Michael Brennan Extends Plan for Emergency Hearings/Trial Settings Through April 2020

4/1/20

Chairman Michael Brennan has now extended his emergency plan of action for workers’ compensation cases (including pro se settlement contracts) through the month of April in light of COVID-19. The Heyl Royster team is prepared and ready to take care of all necessary business on your behalf with the implementation of the Chairman’s emergency plan. Feel free to contact myself or any Heyl Royster team member if you have questions.

Toney Tomaso
ttomaso@heylroyster.com


Chairman Michael Brennan Extends Plan for Emergency Hearings/Trial Settings Through April 2020

Based upon the continuing National Emergency and Worldwide Pandemic created by the COVID-19 virus, as well as the lack of technological resources, the Illinois Workers’ Compensation Commission must suspend regular operations during the month of April 2020.

The Commission will continue all cases to their next regularly scheduled 90-day continuance date.


Matters pending on the Commission Review Calls for Oral Argument during the months of March and April will be decided by the members of the Panel, as assigned, if the parties waive Oral Argument. A representative of the Commission will contact the attorneys to determine whether they wish to waive Oral Argument. If Oral Argument is waived, a Decision on Review will be issued by the assigned panel as quickly as possible.

The Commission will continue to conduct previously set Emergency Motion Calls 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, Wednesday and Friday
  • Zone 1 cases will be heard at the IWCC’s Collinsville Office: Tuesday and Thursday
  • Zone 2 cases will be heard at the IWCC’s Springfield Office: Monday and Wednesday
  • Zone 3 cases will be heard at the IWCC’s Peoria Office: Wednesday and Friday
  • Zone 4 cases will be heard at the IWCC’s Chicago Office: Monday, Wednesday, and Friday
  • Zone 5 cases will be heard at the IWCC’s Rockford Office: Tuesday and Thursday
  • Zone 6 cases will be heard at the IWCC’s Chicago Office: Monday, Wednesday and Friday

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
Zone 5 – Rockford – 200 S. Wyman, Rockford, IL 61101
Zone 6 – Chicago – James R. Thompson Center, 100 W Randolph St. 8-200, Chicago, IL 60601