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

As Ohio attempts to move forward during this pandemic, the Ohio Bureau of Workers’ Compensation (BWC) is doing the same. For example, the BWC has resumed the scheduling of medical exams where necessary, is using alternative methods such as file reviews when possible, and has provided guidance on telemedicine resources to assist with the continuation of benefits to injured workers. The BWC is also making efforts to ease the economic impacts to businesses related to the COVID-19 pandemic. Below are some highlights that employers, both self-insured and state-funded, should be aware of during this unprecedented time.
Continue Reading Ohio BWC pandemic-related developments

President Donald Trump released a “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following COVID-19 Outbreak” on Wednesday, April 22, 2020. This proclamation provides the legal context and direction to implement a Monday night tweet asserting his intention to “suspend immigration.” While we analyze the legal implications of this proclamation below, it is also important to understand the context. As a practical matter, the limitation on the issuance of immigrant visas has been the result of the COVID-19 closure of consulates around the world. There have not been interviews in the past six weeks, and it is not certain when they will resume. Thus, there has already been a halt in the issuance of immigrant visas. Therefore, the practical effect of this order is limited.
Continue Reading Parsing President Trump’s latest tweet and proclamation on immigration

The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance to provide employers with additional insight on how to properly engage in the Americans with Disabilities Act’s (ADA) interactive process.

Engaging in the interactive process

In parts of the country, governors are beginning to talk about reopening their states for business. When this occurs, employers are likely to experience an influx in disability accommodation requests.Continue Reading Navigating the interactive process of the Americans with Disabilities Act during the COVID-19 pandemic

Ohio lawmakers have proposed multiple bills that would expand the Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. At the end of March 2020, lawmakers introduced House Bill 573 that would include COVID-19 as a statutorily defined occupational disease under the Ohio workers’ compensation laws, similar to other occupational diseases such as asbestosis.
Continue Reading Proposed changes to Ohio workers’ compensation laws react to COVID-19 pandemic

This blog was updated on April 28, 2020 in the blog, “Avoiding the avalanche for now: Court Issues temporary restraining order barring Illinois Workers’ Compensation Commission’s emergency amendment.

As of April 16, 2020, the Illinois Workers’ Compensation Commission has created a rebuttable presumption that, for any essential employee who contracts COVID-19 and later files for workers’ compensation for those injuries, that employee’s injuries will be presumed to have arisen out of, and be causally connected to, their employment.Continue Reading Illinois Workers’ Compensation Commission opens the door to an avalanche of COVID-19 claims

As millions of Americans are settling into a “new normal” and working from home, employers should revisit their company policy regarding workplace harassment. Because the workplace doesn’t look quite like it used to, employees must use creative channels of communication while working remotely. Conversations that may have taken place around a water cooler may now be reduced to writing, whether via text message, email or even messages exchanged within a video conferencing platform.
Continue Reading When your #hashtag is not #humorous: Preventing harassment in a remote working environment

Since the Families First Coronavirus Act (FFCRA) passed in mid-March, small businesses have wondered how the U.S. Department of Labor would apply the act’s small business exemption from certain paid sick leave and supplemental family and medical leave benefits. With the Department of Labor’s recent release of its final rule interpreting the act, we finally have an answer.
Continue Reading Families First Coronavirus Act provides limited exemption for small businesses

On Friday April 10, 2020 the Ohio Bureau of Workers’ Compensation (BWC) Board of Directors approved Gov. Mike DeWine’s plan to distribute $1.6 billion to state business in light of the current economic downturn related to the COVID-19 pandemic. The agreed amount is roughly equal to premiums paid by Ohio employers for the 2018 policy year.
Continue Reading Ohio BWC to refund $1.6 billion to Ohio employers

On April 8, 2019, the Ohio Bureau of Workers’ Compensation (BWC) published an updated Frequently Asked Questions (FAQ) page that specifically recognizes the potential compensability of COVID-19 claims as occupational disease claims. The BWC acknowledges that although communicable diseases like COVID-19 are typically not compensable, there is a possibility that the BWC could allow claims for this virus. When evaluating compensability, the BWC will consider how the disease was contracted and the nature of the claimant’s occupation. The BWC is careful to note that few jobs will have a greater risk of exposure than the general public which will be a hurdle for a claimant with a COVID-19 claim.
Continue Reading Updated Ohio BWC guidance regarding COVID-19 concerns