By: Rich Lenkov A new bill would make it far easier for employees alleging work-related COVID-19 to prove their case.  Analysis: The 4/13/20 Emergency Amendment to the Rules of Evidence, which was later repealed, greatly expanded a “petitioner’s” ability to prove their case. This meant that until an employee began the […]

University of Illinois College of Law Adjunct Professor Scott Szala and WTTW-TV “Chicago Tonight” correspondent and former Statehouse Bureau Chief Amanda Vinicky join Rich and Tina to discuss the latest stay-at-home lawsuits filed against Illinois Governor JB Pritzker. University of Indiana Kelley School of Business Associate Professor Nathaniel Grow discusses […]

By: Rich Lenkov After a downstate judge granted a temporary restraining order (TRO), effectively nullifying the rule change granting a wide class of employees great latitude establishing COVID-19 cases, the Illinois Workers’ Compensation Commission now has repealed the rule altogether. While the restraining order was “temporary,” and set for briefs and oral arguments in May, in a conference […]

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 […]

By: Rich Lenkov As predicted last week in Illinois Workers’ Compensation (IWCC) Emergency Rule Change, a coalition of business groups filed a lawsuit today against the IWCC to oppose rule changes making it easier for employees to recover for COVID-19 injuries. The lawsuit was filed by the Illinois Manufacturers’ Association and Illinois […]

ACLU National Legal Director David Cole discusses Trump’s interpretation of federalism during the pandemic. Sidley Executive Committee Chair Emeritus and Supreme Court veteran Carter Phillips discusses the challenges of arguing before the highest court by phone. Family Law attorney Marcy Newman analyzes custody issues during the Coronavirus. In the Legal […]

Capital member Rich Lenkov was quoted in a Business Insurance article discussing the challenges of workers’ compensation claims related to the COVID-19 pandemic in “Coronavirus Comp Claims present Challenges: Experts.” Rich stated that from a legal perspective, COVID-19 workers’ compensation claims will be very difficult to prove because—by its very nature—you can catch the […]

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Capital member Rich Lenkov was quoted in a Business Insurance article discussing recent emergency legislative orders related to COVID-19. “COVID-19 Comp Expansions Could Have Significant Impact on Industry” highlighted Illinois and Kentucky as the first states to implement emergency workers’ compensation orders providing access to public-facing essential workers. While Rich […]

Four Downey & Lenkov attorneys, capital member Rich Lenkov, income member Jeanmarie Calcagno and associates Emily Schlecte and Timothy Furman—secured 6 consecutive zeros in less than 4 months in 2020: 1.   On 1/16/20, Arbitrator Soto ruled in favor of our client, a large plumbing distributor. Jeanmarie presented surveillance disputing Petitioner’s […]