Many Illinois Workers’ Compensation Commission changes became effective as of January 1, 2023.

The Act would require Illinois employers to provide qualified employees the ability to earn and use up to 40 hours of paid leave during a 12 month period for any purpose.

WRCI’s January 2023 Study Report Minimizes Confounding Factors in Long COVID cases in Workers’ Compensation.

The Illinois Workers’ Compensation Commission denies benefits where the injury-producing event is not incidental to the employment.

CMS released some data for their WCMSA approvals over the last three years. The data suggests that CMS increased the proposed WCMSA amounts by 14% on average, and shows that the number of WCMSAs submitted to CMS each year are trending down. Despite the limited data provided, there are other potential implications for WCMSA submitters.

In a recent unpublished decision, Hoots v. (Dollar General), IWCC, 2022 IL App (4th) 220441WC-U), the Appellate Court agreed with the Commission that Petitioner failed to show that her accident occurred in the course of her employment. Petitioner was not considered a traveling employee simply because she commuted to work. Further, the employer did not own, maintain, control, or direct Petitioner to traverse in the area in which the injury occurred.

The MSP Network, a professional organization created by the Medicare Secondary Payer industry to monitor developments in policy and practice and provide continuing education to members, recently held its annual conference in Baltimore.

In Edgar Lucero v. Focal Point LLC., (22 IWCC 0231) the Illinois Workers’ Compensation Commission affirmed and adopted the very first COVID-19 litigated case in Illinois, in favor of the Petitioner.

As a young attorney, I remember (amidst the morning buzz at the Commission) overhearing another attorney proclaim something along the lines of, “If we’re not settled here and now, then we’re going to trial today… and I’m putting everything in dispute except jurisdiction and employment.” 

YOLO, they say.  Stop worrying about the potholes in the road and simply enjoy the journey, they say.