1-10-2026; Are they going to kill the IL WC Golden Goose?; New IME mileage rates for IL WC IME's and more

Synopsis: New Illinois legislation will expand WC coverage “presumptions” to hospital security staff to shockingly include Conditions of Daily Life, like hearing aids.

Editor’s comment: Are they really going to kill the IL WC Golden Goose?

If the IL legislature turns everything into a presumption of IL WC coverage to make it impossible to dispute, what will we need hearing officers and Claimant lawyers for?

Please also note “Conditions of Life” are things like thinning hair, beer bellies, fallen arches and baldness, etc. Hearing loss is unquestionably and typically a Condition of Life.

Thousands of folks in the U.S. need hearing aids—the NIH says 7-8 per cent of U.S. citizens use them.

If this new proposed legislation becomes law, WC insurance carriers are certain to change how IL WC claims are managed—they will work to avoid lawyers on both sides and accept everything requested to then raise reserves and pay, pay, pay because it will be crystal clear the defense side can’t win if we have to rebut presumptions.

We are concerned we already have liberal hearing officers in this State—do we have to add presumptions to make it impossible to reach a fair outcome?

In short, Illinois lawmakers have introduced legislation that would expand workers compensation presumptions to, among other things, cover hospital security guards who develop certain illnesses or medical conditions supposedly linked to their jobs.

H.B. 4226, introduced late last year, would amend the Illinois Workers’ Compensation Act to add hospital security guards to the list of safety workers eligible for rebuttable presumptions of compensability.

The bill extends existing presumptions that already strongly benefit firefighters and emergency medical personnel.

The pressure will focus on hospital managers to possibly probe security guards’ medical histories to see if we can locate/demonstrate a non-work-related cause for many expensive medical conditions.

Bill Text: IL HB4226 | 2025-2026 | 104th General Assembly | Introduced | LegiScan

Under the measure, any condition or impairment of health suffered by a hospital security guard that results directly or indirectly from specified diseases would be presumed to arise out of and in the course of employment, unless an employer can rebut that presumption.

In my view--good luck rebutting the presumption before some of our liberal to hyper-liberal IL WC hearing officers and judges/justices.

Covered conditions include bloodborne pathogens, contagious staph infections such as MRSA, lung or respiratory diseases, heart or vascular conditions, hypertension, tuberculosis and cancer.

The presumption would also apply to hernias and hearing loss. Please note we are not aware of a high incidence of hernias and hearing loss in hospital security officers.

What may be coming is “automatic” care for everyone in the stated industries to be, for an example, immediately entitled to lifetime hearing aids. Trust me, that is a very high value in this State. Most clients would be better off to simply accept and pay early.

We ask our hospital management clients--what would be the added cost of having to buy a lifetime of hearing aids for all your security officers once they have five years of seniority?

If this bill passes, we may see ads from Claimant attorneys in social and other media promising qualifying workers “free” hearing aids.

To qualify, an employee must have at least five years of service as a hospital security guard at the time an Application for Adjustment of Claim is filed with the Illinois Workers’ Compensation Commission.

The presumption would not apply to guards employed for less than five years—they would have to stall until they reached the five year enabling date.

Supporters of the bill argue IL hospital security guards face heightened risks due to frequent exposure to violent incidents, bodily fluids and infectious diseases in medical settings.

If enacted, the measure could increase claim acceptance rates for affected workers while dramatically raising claim costs for hospitals and their insurers.

The bill is pending further legislative action.

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Synopsis: Illinois WC Mileage to and from IME’s are now 72.5 cents a mile for year 2026.

Editor’s comment: A long ago posted IL WC Appellate ruling uses this level for IME mileage and we have advised clients on many occasions; it is not worth the money to fight over it.

If Claimant is out of state, you should only owe mileage during the miles they are in the State.

On a different front, I recommend all clients avoid paying mileage to normal medical office visits or physical/occ therapy because there is no provision in the IL WC Act and Rules that requires it.

If you start to pay mileage to treaters, what starts as a bad habit may turn into something bigger.

If you aren’t sure what I mean, send a reply or call me.

Synopsis: Hello Ms. Knight.

Editor’s comment: The defense team at Keefe, Campbell, Biery & Associates welcomes Ms. Pariss Knight, our newest defense team member. She is doing solid work. Ms. Knight can be reached at 312 756 3712.

Email pknight@keefe-law.com