Madonia Files Temporary Restraining Order on New Worker’s Comp Benefit Rules

By Benjamin Cox on April 24, 2020 at 8:25am

Sangamon County Circuit Judge John M Madonia issued a temporary restraining order on the state’s new workers compensation rules yesterday. The order follows a lawsuit filed by the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association earlier this week related to emergency amendments filed by the Illinois Workers’ Compensation Commission seeking to change substantive provisions under the Workers’ Compensation Act.

The provisions claim that any worker who gets sick with COVID-19 is presumed to have gotten the illness on the job and are thus eligible for worker’s compensation benefits. Governor J.B. Pritzker issued directives to the commission because he says it protects the state’s essential and frontline workers. The commission issued the order under an emergency 24-hour provision.

More than a dozen business groups from every segment of the economy are supporting the lawsuit filed by IMA and IRMA. The state has until April 30th to respond to the order with possible in-person arguments beginning on May 4th.