3-30-2020; Brad Smith, JD and Shawn Biery, JD to Provide a Second Free COVID-19 Webinar; IL WC Commission on Continued Shut-Down With Emergency Motions Only and More
/Synopsis: America’s Top COVID-19 Legal Experts, Brad Smith and Shawn Biery Will Provide a Second Free Webinar for Our Readers, Clients and Potential Clients.
Editor’s comment: The first webinar on this topic made national WC news and was a giant hit with the folks who participated. Please consider joining in this 2d webinar with your thoughts, comments and thinking caps on.
Please also note/remember the defense team at KCB&A never rests—we are working hard and helping to defend our clients on a 24/7 basis in this crisis. We are happy to accept new assignments across the five states we defend clients in—IL, IN, IA, WI and MI. If you need a top defense lawyer in any of those states, send a reply.
The 2d free webinar will start this Wednesday, April 1, 2020 from 11-12 noon CDT.A person wearing a suit and tie smiling at the camera
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COVID-19 Part 2 Series:
Employer Preparedness, Response, and State Stay-at-Home Orders
FFCRA Discussion;
Local Leave Law Discussions;
Questions you can ask employees;
Breakdown of State Executive Orders (i.e., Stay-at-Home Orders)
Woodlake Medical Management is a sponsor. For more information about Woodlake, go to https://woodlakemedical.com/
Here is the registration link:
https://attendee.gotowebinar.com/register/1854172834371584267
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Description automatically generatedSynopsis: The IL WC Commission is On Emergency Status ONLY. Pro Se Settlements May Be Presented—See Below.
Editor’s comment: Based upon the continuing National Emergency and Worldwide Pandemic created by the COVID-19 virus, as well as the lack of technological resources, the Illinois Workers’ Compensation Commission must suspend regular operations during the month of April 2020.
The Commission will continue all cases to their next regularly scheduled 90-day continuance date.
Matters pending on the IL WC Commission Review Calls for Oral Argument during the months of March and April will be decided by the members of the Panel, as assigned, but only if the parties waive Oral Argument. A representative of the Commission will contact the attorneys to determine whether they wish to waive Oral Argument. If Oral Argument is waived, a Decision on Review will be issued by the assigned panel as quickly as possible.
The Commission will continue to conduct previously set Emergency Motion Calls for EMERGENCY motions, ONLY.
An “Emergency Arbitrator” will be available at the locations and on the dates and times set in the below schedule (this will be updated on a weekly basis) for presentation of “valid” emergency motions only. “Valid” emergencies include issues involving the expiration of a statute of limitations, a party can reasonably be expected to suffer an unacceptable hardship, if not heard on an expedited basis. Motions which do not constitute “valid” emergencies will be stricken. Simply put, if the emergency basis of the motion is not a valid emergency that justifies the risk associated with holding an in-person hearing in the midst of a national emergency and global pandemic, the motion will be stricken.
Access to the Emergency Motion Call will be limited to one individual per party. Parties may be required to sign in and out of the facility. The Emergency IL WC Arbitrator is empowered to manage the Call in a manner he or she believes is reasonable to ensure the administration of justice and minimize the health and safety concerns connected to the COVID-19 pandemic. Refusal to follow the directions of the Emergency Arbitrator will be grounds for removal from the Call and striking of the motion.
The following is a list of the locations for each of the Zones. Emergency Motion Calls will run from 9:00 AM to 12:00 Noon at the below locations on the indicated dates:
Chicago cases will be heard at the IWCC’s Chicago Office: Monday, Wednesday and Friday at the James R. Thompson Center, 100 W Randolph St. 8-200, Chicago, IL 60601
Zone 1 cases will be heard at the IWCC’s Collinsville Office: Tuesday and Thursday at 1803 Ramada Blvd STE B201, Collinsville, IL 6223
Zone 2 cases will be heard at the IWCC’s Springfield Office: Monday and Wednesday at 4500 S. Sixth St, Springfield, IL 62703
Zone 3 cases will be heard at the IWCC’s Peoria Office: Wednesday and Friday at 401 Main St 6th Floor, Peoria, IL 61602
Zone 4 cases will be heard at the IWCC’s Chicago Office: Monday, Wednesday, and Friday at James R. Thompson Center, 100 W Randolph St. 8-200, Chicago, IL 60601
Zone 5 cases will be heard at the IWCC’s Rockford Office: Tuesday and Thursday at 200 S. Wyman, Rockford, IL 61101
Zone 6 cases will be heard at the IWCC’s Chicago Office: Monday, Wednesday and Friday at James R. Thompson Center, 100 W Randolph St. 8-200, Chicago, IL 60601
Pro Se settlements may be presented to the Emergency Arbitrator on the second day of the Call listed above, only.
We don’t have guidance as to whether Claimant has to be physically present for pro se approval or whether an affidavit will suffice. We will keep asking.
Chairman Brennan advises that, prior to making use of the Emergency Motion Call, attorneys should engage in personal consultation and make reasonable attempts to resolve differences. The Chairman believes Illinois Supreme Court Rule 201(k) and Rule 3.4 of the Illinois Rules of Professional Conduct serve as appropriate guides for counsel during these exceptional times.
As these events continue to evolve, IWCC administration will work with the Governor’s Office and Illinois Department of Public Health to address this rapidly changing situation. Until directed otherwise, all other Commission operations will continue as usual. Parties are advised that any statutory filing deadlines and statutes of limitations will not be affected by these measures, and the IL WC Commission will continue to process all usual documents and filings by mail, and in person delivery.
Chairman Brennan’s Office will reassess the need to extend or expand these measures on an ongoing basis. Watch this space for news as it unfolds.
Handling Workers' Compensation Cases Ethically
Space is limited. Reserve your Webinar seat now!
TX CE's Available
Date: Tuesday, April 7, 2020
Time: 11:30 AM - 12:30 PM CST
Woodlake Medical Management is excited to sponsor this free educational webinar.
This presentation, which qualifies for Texas CE credits, is designed as a general primer on Ethics when dealing with workers’ compensation cases as the focus, and dealing with litigation in general. With real world examples to highlight the many points, anyone involved in claims management at any level should be able to take away some key points to further sharpen their perspective in managing their universe of claims effectively and ethically.
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Description automatically generatedAbout Shawn Biery:
Shawn R. Biery received his JD from Thomas Jefferson School of Law in 2001. He was a founding member of Keefe, Campbell, Biery & Associates in 2003 after practicing in employment law and patent law firms prior. Shawn utilizes strategies similar to those he developed while an active duty US Marine conducting desert warfare training. In addition to his work as a courtroom litigator, Shawn is also an adjunct law professor and regular speaker regarding workers’ compensation and employment law issues.
Keefe, Campbell, Biery & Associates, LLC was started in 2003 and since forming, have strived to continue to maintain their initial goal of providing high-quality and cost-effective civil litigation services for the defense of self-insured employers and insurance carriers without forgetting that the practice of law is a service profession.
Claims Adjusters, Claims Managers, Nurse Case Managers and Risk Managers/Employers are encouraged to attend.
The following CEs will be offered:
1 hour Texas Adjuster (Ethics)
If you have any specific questions about this topic that you would like to have addressed in this presentation, please feel free to email them to chris@woodlakemedical.com prior to the webinar.
There is limited capacity for this webinar, so please register today!
Registration Link: https://attendee.gotowebinar.com/register/8071447095226619660
Sponsor:
Woodlake Medical Management was founded in 1994 with one simple purpose: To provide quick IME appointments scheduled with a wide variety of doctors, while efficiently delivering well-explained, definitive medical opinions throughout the Midwest. We are a group of dedicated, friendly people who strive to consistently treat you so well that you look forward to doing business with us.