Temporary Restraining Order Nullifies Illinois Workers’ Compensation Rule Change

By: Rich Lenkov

On 4/24/20, Sangamon County Circuit Court Judge John Madonia granted a Motion for Temporary Restraining Order (TRO) filed by several business groups, Business Groups Sue Illinois Workers’ Compensation Commission Over Rule Change. The TRO follows a telephone hearing on 4/23/20.

The court has enjoined the Commission and anyone acting with the Commission from enforcing the amendment to the Rules. As referenced in our April Newsletter, that rule change created a rebuttable presumption that a large list of employees’ COVID-19 injuries were related to work. Judge Madonia found that the rule change resulted from “invalid lawmaking” and created “irreparable injury with an inadequate remedy at law.” (TRO Case No.2020CH00098)

Judge Madonia was appointed to the Seventh Judicial Circuit Court in 2010. In 2014, he ran unopposed as a Republican for the judgeship that he currently holds. Before the bench, Judge Madonia was in private practice for eight years and worked an Assistant State’s Attorney for five years. Sangamon County includes the state capital of Springfield and is approximately 200 miles south of Chicago.

The Commission and Chairman Brennan have until 4/30/20 to file their answer, with a status hearing on 5/4/20. We will keep you posted on this important ongoing issue.

Chicago, Illinois 312-377-1501 | Schererville, Indiana 219-488-2590

Chicago, Illinois

312-377-1501


Schererville, Indiana

219-488-2590