A new year presents an opportunity to reevaluate the prior year and make any necessary changes for the upcoming year. Although typically this period of reflection relates to healthy eating and exercise regimens, it is also a relevant exercise for evaluating the status of the workers’ compensation system.

Continue Reading Looking back at 2020: Did the COVID-19 pandemic cause the predicted onslaught of workers’ compensation claims?

Recently, Governor Mike DeWine signed House Bill 81 which contains several changes to workers’ compensation laws. Most significantly, the bill contains a provision that will codify the common law voluntary abandonment doctrine. This provision should ensure that injured workers do not receive certain disability benefits if their loss of income is not related to the allowed conditions in a claim. Significantly, this codification specifically supersedes any court opinions applying the well-known doctrine.
Continue Reading What changes are coming to the well-known Ohio workers’ compensation voluntary abandonment doctrine?

On June 5, 2020 Illinois Gov. J.B. Pritzker signed House Bill 2455 into law, thereby amending the Illinois Workers’ Occupation Diseases Act with respect to claims related to COVID-19. Codified as Public Act 101-0633, the amendment creates a rebuttable presumption that an employee’s contraction of COVID-19 arises out of and in the course of that employee’s first responder or front-line worker employment, and that the injury or occupational disease is rebuttably presumed to be causally connected to the hazards or exposures of the employee’s first responder or front-line worker employment.

Continue Reading The avalanche continues – Illinois workers’ compensation law set for COVID-19 expansion

On June 3, 2020, the Ohio Industrial Commission unanimously voted to place all issues referred for adjudication on the active telephonic hearing docket. Since March, the Industrial Commission has conducted all hearings by phone due to the COVID-19 pandemic.
Continue Reading Industrial Commission of Ohio unanimously votes to add remaining issues to active telephonic hearing docket

Previously, the Ohio Bureau of Workers’ Compensation (BWC) announced it will defer employer premium installment payments for the months of March, April and May, making those payments due June 1, 2020. Now the BWC has announced it will further defer premium installment payments for the months of June, July and August as well. This means the deferred premium installment payments are now due Sept. 1, 2020.
Continue Reading Premium deferral extended and other Ohio BWC updates

As we previously reported in this blog post, Ohio lawmakers have proposed multiple bills that would expand Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. Recently, the Ohio House passed an amended version of the previously introduced legislation.
Continue Reading Update to Ohio lawmakers’ efforts to expand Ohio workers’ compensation laws in response to COVID-19 pandemic

On April 15, 2020, the Illinois Workers’ Compensation Commission issued an emergency amendment creating a rebuttable presumption that, for any essential employee who files for COVID-19 related injuries, those injuries will be presumed to have arisen out of and be casually connected to their employment. You can read more about this amendment and its effects in our prior blog post. As we expected, challenges to the validity of this amendment have already begun.

Continue Reading Avoiding the avalanche for now: Court Issues temporary restraining order barring Illinois Workers’ Compensation Commission’s emergency amendment