In Anna Daniels v. Venta Corp., et. al., 2022 IL App (2d) 210244, the Second District discussed the effect of the exclusive remedy provision when an employer engages in illegal conduct.

On January 10, 2022, the Centers for Medicare and Medicaid Services added Section 4.3 - The Use of Non-CMS-Approved Products to Address Future Medical Care to the Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide (“Guide”).

Governor Evers signed 2021 Wisconsin Act 232 into law on April 8, 2022.

On April 7, 2022, HB1208 passed in both houses of the Illinois General Assembly, creating some changes to the Illinois Workers’ Compensation Act.

On March 2, 2022, the Centers for Medicare and Medicaid Services (“CMS”) submitted a proposed rule on Medicare Secondary Payer and Future Medicals (CMS-6047) to the White House Office of Information and Regulatory Affairs (OIRA), which if adopted could have a game-changing impact on liability, and perhaps other types of cases throughout the country.

Medical bills are often the ugliest part of a workers’ compensation settlement.

On January 21, 2022, the Supreme Court of the State of Illinois issued a decision in the matter of Donovan Munoz v. Bulley & Andrews.

On February 3, 2022, the Illinois Supreme Court held that claims under the Biometric Information Privacy Act (Privacy Act) are not barred by the Workers’ Compensation Act’s (Compensation Act’s) exclusive remedy provisions and therefore, claimants may seek redress in the Circuit Court and not at the Workers’ Compensation Commission.

Employers are sure to have questions regarding OSHA’s Emergency Temporary Standard (ETS) addressing COVID-19 vaccines, testing and masking requirements that may apply to employers with over 100 employees.

The second COVID-19 presumption case has been decided! On November 3, 2021, Arbitrator Cantrell issued a decision in the case of Tonia Dalton v. Saline Care Nursing and Rehabilitation Center (21 WC 008010), once again addressing Illinois’ COVID-19 presumption.