Judge Grants Workers’ Comp Emergency Rule TRO

April 24, 2020

A judge in Sangamon County yesterday granted a request for a temporary restraining order (TRO) against an emergency rule that had been approved last week by the state Workers’ Compensation Commission.  The emergency rule creates a “rebuttable presumption” that any essential worker who becomes ill from COVID-19 caught the virus at work.  Under the TRO, employers whose workers filed under the emergency rules have temporary reprieve until the next court hearing.

The Illinois Manufacturers’ Association and the Retail Merchants Association are challenging the rule, arguing that the Commission exceeded its authority.

Briefs in the case are due April 30, with a hearing scheduled for May 4.