Heyl Royster

 


Heyl Royster

 

COVID-19 Update

4/27/20

The Illinois Manufacturers’ Association and Illinois Retail Merchants Association on April 24, 2020, were successful in their Petition before the Court and were granted a temporary restraining order (TRO) against the Illinois Workers’ Compensation Commission (IWCC) and Chairman Michael Brennan (in his official capacity). The Court, after reading briefs and hearing oral arguments, by Judge John M. Madonia, Sangamon County, Seventh Judicial Circuit, Springfield, Illinois, issued the TRO (a copy of it can be provided to you upon request; 2020CH00098). The basis of the TRO request was the IWCC exceeding its rule making power when it enacted the new emergency COVID-19 rule which created a rebuttable presumption in favor of front line workers and other essential workers, as defined by our Governor. (To learn more about this rule change, please read our April 2020 Below the Red Line Newsletter which went out last week. It is available right now on our website - click here to view).

This new rule, per the TRO Petition and the allegations made therein by the Plaintiffs, created substantive and new law which established rights for certain employees and took away the rights of employers, and this action taken by the IWCC was invalid lawmaking. Now that the TRO was entered by the Court, the IWCC is prevented from invoking or enforcing the new rule (and shifting the burden under the established rebuttable presumption rule put into effect on April 16, 2020) against any person or entity. There will be a further hearing on this action on May 4, 2020. This is a definite win for business interests in Illinois, and we will of course keep you up to date on this case as it moves forward.

If you have any questions or concerns please do not hesitate to contact Toney J. Tomaso (ttomaso@heylroyster.com).