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* Yesterday…
The Illinois Workers’ Compensation Commission today formally repealed an emergency rule which created a presumption that the workplace was the cause of a COVID-19 infection.
This action came after the Illinois Manufacturers’ Association (IMA) and Illinois Retail Merchants Association (IRMA) filed a lawsuit on behalf of two dozen business organizations challenging the rule, in which a Sangamon County judge granted a Temporary Restraining Order. Attorneys Scott Cruz, Thad Felton and Kevin Hormuth with the law firm Greensfelder, Hemker & Gale, P.C. represented the the IMA and IRMA.
The following statement can be attributed to Mark Denzler, president and CEO, IMA, and Rob Karr, president and CEO, IRMA:
“Retailers and manufacturers are concerned about the health and safety of their employees, customers, and communities. This case was first and foremost about the rule of law and we appreciate the court ruling in Sangamon County and subsequent repeal of the emergency rule by the Illinois Workers’ Compensation Commission. It was clearly an overreach and inconsistent with the traditional rule making process. If left unchecked, this rule would have subject Illinois businesses to billions of dollars in added costs at a time when many are struggling to make payroll and retain employees. Our members employ the largest number of workers in Illinois, represent the largest sales tax revenue generator for the state, and contribute the single largest share of the state’s Gross Domestic Product.”
Attorney Scott Cruz added: “We are happy for IRMA’s and IMA’s members, that the Sangamon County Circuit Court took swift - and proper - action in granting our TRO last week to enjoin the Amendments from taking effect, and we appreciate the Commission’s decision today to repeal the Amendments. At its core, this case was based on the Commission far exceeding its rulemaking authority. The substantive law of Illinois, and the wisdom of implementing it, is for the legislature, after proper discourse, and not the whim of the Commission.”
* Also yesterday…
In order to protect frontline workers, the Illinois Workers’ Compensation Commission (IWCC), adopted an emergency rule that provides a rebuttable presumption for first responders and frontline essential workers who file claims as a result of contracting the COVID-19 virus. The emergency rule passed the Commission without a dissenting vote on April 15th.
The Illinois Manufacturers Association (IMA) and the Illinois Retail Merchants Association (IRMA), backed by the insurance industry, filed a law suit against the IWCC to block the rule. Today, the IWCC withdrew the rule. The following is a statement from Illinois AFL-CIO President Tim Drea.
Statement by Illinois AFL-CIO President Tim Drea On Rescinding Workers’ Compensation Rule For COVID-19 Protection
During this state of emergency, employees are going to work at great personal risk to themselves and their families. As a result, hundreds of first responders and frontline essential workers have been infected by the COVID-19 virus as a result of their job. Sadly, some have not recovered from the disease and have died.
Employers have lobbied government to have their business declared essential and then mandated that employees show up for work – often without providing protective gear or safety supplies. In order to protect these essential workers, the Illinois Workers Compensation Commission (IWCC), with the strong support of Governor Pritzker, adopted an emergency rule to protect front line essential workers who file workers’ compensation claims as a result of contracting the COVID-19 virus on the job.
Unfortunately, employers and insurance companies have used the courts to block the rule for workers’ compensation coverage leaving workers with few options to protect themselves.
While we are disappointed with this setback and find the actions of the big business groups shameful, rest assured that the Illinois AFL-CIO will continue to fight for fair workers’ compensation protection for first responders and frontline workers who contract COVID-19 while performing their essential duties to mitigate this crisis.
* Greg Hinz…
In a joint phone interview, IMA President Mark Denzler and IRMA chief Rob Karr said what’s shameful is that labor would seek to use the pandemic as an excuse to violate the law.
Though the pair conceded that existing workers comp rules generally place the burden of proof on the worker to show they were infected on the job—often through a lengthy administrative process—the proposed rebuttable presumption goes too far the other way, they said. Indeed, WCC rules allow for emergency action in needed cases, Denzler said.
“The current law is sufficient to help people based on my discussions with the commission, Denzler said. […]
Despite that, both said they’re willing to talk and Denzler appeared to hint at a possible compromise when he noted that some other states are applying the rebuttable resumption standard only to health care and first responders, not the retail and other “front-line” workers that Drea referenced.
They just threw the hospitals right under the bus. Heh.
Anyway, I get where the employers are coming from, but unions, particularly the UFCW, have been demanding higher pay for their members and want them formally treated like frontline workers when it comes to PPE and other protections because they absolutely are on the nation’s front lines. They are literally putting their lives and the lives of their families on the line every day they show up for work.
And one way or another, they’re gonna get something. The state has a Democratic governor and two Democratic super-majority legislative chambers.
It’s time to start talking.
posted by Rich Miller
Tuesday, Apr 28, 20 @ 10:26 am
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Any business in Illinois that deals with workers comp knows how difficult and expensive this is in the current format. The issue Rich clearly states is the complete Democratic control. We all talk about how the “normal” will be. This will prove that it will not a new normal for politics of course. Businesses are going to struggle to have any added burdens.
Comment by CCM Tuesday, Apr 28, 20 @ 10:41 am
When the legislature convenes to consider this they can address the 30 day Emergency Order rule while they are at it. Do they have provisions for remote voting yet? Maybe they should ask Rep. Skillicorn how to do that.
Comment by PrairieChicken Tuesday, Apr 28, 20 @ 11:01 am
=== Businesses are going to struggle to have any added burdens.===
Business before people.
People can’t un-die, people effected effect more than themselves.
Please, make it about the “businesses”
If it’s safe to open, why worry about new regulations?
It’s safe, there are no worries?
Comment by Oswego Willy Tuesday, Apr 28, 20 @ 11:04 am
Just try to imagine the deal they would get with a republican governor and two super-majority legislative chambers.
Comment by Squints Tuesday, Apr 28, 20 @ 11:04 am
The issue of “front line workers” is understandable. But how do construction workers have contact with the general public while on the job? What about most factory workers? If someone comes down with the flu, has there ever been a rebuttable presumption that workers comp would cover it? Maybe if the unions really cared, they would just cover their illness on their own health and welfare plan.
Comment by Bored Chairman Tuesday, Apr 28, 20 @ 11:06 am
this can not be done without a long process.. trying to protect workers during this pandemic, and trying to make sure there are actual jobs to return to.. the GA can’t just ram this thru, need to understand adding significant cost burdens to business during a recession.. good luck
Comment by NotRich Tuesday, Apr 28, 20 @ 11:11 am
How safe is it for businesses and those they employ to remain closed?
You can’t un-die from suicide.
https://blogs.scientificamerican.com/observations/covid-19-is-likely-to-lead-to-an-increase-in-suicides/
Comment by Lucky Pierre Tuesday, Apr 28, 20 @ 11:14 am
=== the GA can’t just ram this thru, need to understand adding significant cost burdens to business during a recession===
Welp…
=== The state has a Democratic governor and two Democratic super-majority legislative chambers.===
It comes down to the numbers.
The cover also will be “businesses over people”, and recession or not, the politics to this isn’t great for those choosing “businesses”
The real tone deaf will say this is solely “everyone has a priority”, as those they describe become ill or worse… not a great look there either.
Sit down. Talk. Everyone can win here, if that’s the “goal”, I mean outside helping the front line folks, most vulnerable in a global pandemic, other than that…
Comment by Oswego Willy Tuesday, Apr 28, 20 @ 11:16 am
Jam something the without compromise and Mr Drea will have two words to worry about.. UNEMPLOYMENT INSURANCE
Comment by NotRich Tuesday, Apr 28, 20 @ 11:19 am
==Do they have provisions for remote voting yet? Maybe they should ask Rep. Skillicorn how to do that.==
lol. Priceless.
Comment by Demoralized Tuesday, Apr 28, 20 @ 11:30 am
I think there were other things at play here beyond the merits of the argument. No doubt, there will be (and should be) new measures to protect worker exposed to coronavirus. But the biz groups have a legit gripe about the process. Get the GA back to town by the end of next month and pass a bill.
Comment by Roman Tuesday, Apr 28, 20 @ 11:30 am
NCCI estimated the impact of the rule change was going to be $4.4 billion dollars for Illinois businesses. An unelected board shouldn’t be the one making that decision. This definitely needs to be voted on by legislature,
Comment by Chicagonk Tuesday, Apr 28, 20 @ 11:46 am
@- Lucky Pierre - Tuesday, Apr 28, 20 @ 11:14 am:
===How safe is it for businesses and those they employ to remain closed?
You can’t un-die from suicide.===
You can’t un-die from catching Covid 19 at work and not surviving.
https://www.msn.com/en-us/news/us/st-charles-smithfield-foods-worker-dies-after-contracting-covid-19-family-says/ar-BB13hYRc
Comment by DuPage Tuesday, Apr 28, 20 @ 2:56 pm
LOL - Rich pointed this out. But Denzer and Karr saying “sure, this rule is fine for those employers we don’t represent” is hilarious.
Comment by NotBecky Tuesday, Apr 28, 20 @ 4:36 pm
Somewhat ironic that labor had no problem using the court system when they thought that state/local government overreached during the Rauner years. Now they want to lambast the business community for availing themselves of the same legal process. One that I would note was pretty clear cut from the outset.
Comment by 4 percent Tuesday, Apr 28, 20 @ 5:10 pm
If making sure these workers are taken care of is such a vital state interest, why doesn’t the state take on the responsibility?
I was in a big box store for the first time in a month yesterday, four employees:
1 wearing a mask and practicing social distancing;
2 wearing masks and not practicing social distancing;
1 wearing a mask around his neck and not practicing social distancing.
Comment by Thomas Paine Tuesday, Apr 28, 20 @ 7:59 pm