Motion for Temporary Restraining Order & Preliminary Injunction Filed Against IL Workers Compensation Commission

28.4.2020

The IL Manufacturers’ Association and IL Retail Merchants Association filed a Motion for a TRO and Preliminary Injunction against the IL Workers Compensation Commission this morning. The said Motion seeks the Court to issue a court Order enjoining the Commission from invoking the Emergency Amendments which went into effect on April 16, 2020 as it relates to COVID-19 and the Occupational Disease Act. The Motion alleges that the Commission exceeded its authority and violated the IL Administrative Procedure Act. Further, that the while the Commission has authority to publish procedure rules, the Emergency Amendments expanded substantive law under the Occupational Disability Act which violated statutory authority. Notably, the said Amendments increased covered employees under section 6(f) of the Occupational Disability Act and, further, created a presumption of exposure AND a presumption of causation for covered employees with COVID-19. We suspect this Motion will be heard sometime this week, ASA will provide updates as it becomes available!

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