The IWCC adopted an emergency rule on a 9-0-1 vote which dramatically expands the scope of the Illinois Occupational Diseases and Workers' Compensation Acts

APRIL 2020

The emergency rule amends Section 9030.70 of the Commission's Rules of Evidence. IWCC Administrative Rules. It adds to that Section new A-1 to provide a rebuttable presumption for first responders and front-line workers who are exposed to COVID-19. It also adds A-2 which defines first responders and front-line workers.

 

The definition includes what the statute already covers regarding first responders but also expands the definition to include all workers of the essential businesses provided for in Governor Pritzker's Executive Order 2020-10. This includes stores that sell groceries and medicine”; “Food, beverage, and cannabis production and agriculture”; “Organizations that provide charitable and social services”; “Gas stations and businesses needed for transportation”; “Financial institutions”; “Hardware and supplies stores”; “Critical trades”; “Mail, post, shipping, logistics, delivery, and pick-up services”; “Educational institutions”; “Laundry services”; “Restaurants for consumption off-premises”; “Supplies to work from home”; “Supplies for Essential Businesses and Operations”; “Transportation”; “Home-based care and services”; “Residential facilities and shelters”; “Professional services”; “Day care centers for employees exempted by [Executive Order 2020-10]”; “Manufacture, distribution, and supply chain for critical products and industries”; “Critical labor union functions”; “Hotels and motels”; and “Funeral services”. Question is who does it cover, but rather, who doesn’t it cover? ASA will provide updates as it becomes available!

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