Illinois Workers' Compensation Commission

Stay at Home Advisory Impacts
Commission Operations
Edicts from the Governor and Chicago’s Mayor urging Illinoisans to severely limit their activities have impacted proceedings at the Illinois Workers' Compensation Commission.

Mindful of the rising tide of infection and the resultant strain on the State’s health resources, Chairman Michael Brennan has suspended in-person hearings at the Commission except Temporary Total Disability Benefit (TTD) issues first designated as emergencies by an Arbitrator in a virtual pretrial.

Only in those circumstances will a case be considered for an in-person arbitration hearing.

The Chairman also acknowledged the shutdown will impair the processing of in-person Pro Se lump sum settlement contracts hearings, which now require in-person activity. The Chairman has now decreed that Pro Se settlements may be handled without a personal appearance by the petitioner so long as the employer's lawyer follows a detailed list of proceedings including the filing of a suitable affidavit and a comprehensive cover letter answering ten questions and, sets up a WebEx hearing with the assigned Arbitrator and the Pro Se petitioner.

It is hoped that the shutdown will be brief, only through the end of November.

Brady, Connolly & Masuda, P.C. is still advancing litigation by motioning for Virtual Pre-Trials. Getting the Arbitrators opinion on a case in that fashion is still available and helpful.

But for the next few weeks getting trials and, at the other end of the spectrum Pro Se settlements, are fraught endeavours.

We can help with both and are closely monitoring developments.


BCM COVID-19 TASK FORCE

Francis M. Brady fmbrady@bcm-law.com
John P. Connolly jconnolly@bcm-law.com
Jeffrey R. Gibellina jgibellina@bcm-law.com
Surbhi Saraswat Goyal sgoyal@bcm-law.com
Neel Mookerjee nmookerjee@bcm-law.com
Ivan Nieves inieves@bcm-law.com
Amelia A. Schwingle  aschwingle@bcm-law.com


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