Illinois Workers' Compensation COVID-19 Rule Repealed

The Illinois Worker’s Compensation Commission (IWCC) voted unanimously to repeal the controversial emergency rule it approved earlier this month that created a presumption that essential workers who contracted COVID-19 did so in the workplace.

The repeal by the Commission followed a legal setback last week when a Sangamon County Judge entered a restraining order temporarily preventing the rule from being enforced. The lawsuit challenging the suit alleged that the Commission over-reached its authority in enacting the rule. With the rule withdrawn, worker’s compensation claims will be determined by the same rules and procedures that were in place before the COVID-19 pandemic, meaning that employees must prove that their contraction of the illness arose from the performance of their work duties. The IWCC announced it intends to form a Committee that will examine other possible actions that the Commission may take in light of the Covid-19 pandemic. The committee of practitioners will be created to assist in the examination of problems created by the Covid-19 pandemic and help determine possible actions that the IWCC may take to solve these problems.