Judge issues order halting COVID comp expansions

An Illinois judge issued a temporary restraining order that halts workers compensation expansions for employees who acquire COVID-19 from taking effect in the state.

Judge John Madonia of the Sangamon County Circuit Court issued the order by telephone conference Thursday afternoon.

The Illinois Manufacturers Association and Illinois Retail Merchants Association filed a lawsuit Wednesday, alleging that the Illinois Workers Compensation Commission and its chairman Michael Brennan exceeded their statutory authority by enacting substantive changes to the state’s workers compensation system through a rule change, rather than through the legislative process.

On April 13, the commission issued an emergency amendment creating a rebuttable presumption for frontline workers who contract COVID-19 and expanded the list of workers covered by that presumption to include workers in nearly every industry still operating under current stay-at-home orders.

Arguments for both parties are due to the court April 30 and the hearing is scheduled for May 4, according to a spokesman for the lead plaintiffs.

A spokesman for the commission declined to comment on the injunction and the associations also declined to comment due to the current litigation.

This article was first published by Business Insurance.

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