Section 9040.10  Perfecting a Review

 

a)         Time for Filing

 

1)         Petitions for Review of Decision of the Arbitrator shall be filed in duplicate with the Illinois Workers' Compensation Commission (Commission), unless filed electronically, within the time provided by statute.

 

2)         The Petition for Review shall contain a statement of the reviewing party's specific exceptions to the Decision of the Arbitrator.

 

b)         Order of Arbitration Transcript

 

1)         Transcripts of arbitration proceedings before the Commission shall be furnished to the parties only upon written request filed with the Commission.

 

2)         For purposes of perfecting a review, an arbitration transcript must be ordered within the time fixed by statute.  The estimated cost of the transcript of proceedings may be obtained from the Commission, and the party requesting the transcript shall deposit a sum of money covering the estimated cost before the reporter is required to complete the transcript.  An order entered pursuant to Section 20 of the Workers' Compensation Act (the Act) [820 ILCS 305/20] may be submitted for the monetary deposits.

 

3)         In cases in which Section 19(b-1) Petitions have been filed, transcripts shall be ordered in accordance with 50 Ill. Adm. Code 9020.80(b)(3)(C).

 

c)         Authentication of Transcript

 

1)         For purposes of perfecting a review, the transcript of arbitration proceedings shall be authenticated in the manner provided by Section 19(b) of the Workers' Compensation Act and Section 19(b) of the Workers' Occupational Diseases Act [820 ILCS 310/19(b)], and filed with the Commission on or prior to the designated time and place set by the Commission as the Return Date on Review.

 

2)         The Return Date on Review shall be limited to the filing of the authenticated transcript.

 

A)        The Commission shall notify the parties at least 30 days prior to the date and time set for the Return Date on Review.

 

B)        The reviewing party shall file the authenticated transcript in person, by mail, or in any manner provided by the Commission in its notice of the Return Date of Review.

 

C)        Unless electronically filed, the authenticated transcript shall be accompanied by 2 completed copies of the Commission's Transcript Receipt Form and, if filed by mail, a self-addressed stamped envelope.

 

D)        Timely filing by mail may be shown by:

 

i)          a legible postmark date applied by the U.S. Postal Service, and not by a party, to the envelope in which the document is received by the Commission at least 2 calendar days prior to the Return Date on Review; or

 

ii)         the date applied by the U.S. Postal Service to a certified or registered mail receipt bearing the same certification or registry number as the envelope in which the document was received by the Commission, showing a date of mailing that is not less than 2 calendar days prior to the Return Date on Review.

 

3)         In cases in which Section 19(b-1) Petitions have been filed, the transcript shall be authenticated and presented in accordance with 50 Ill. Adm. Code 9020.80.

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.20  Assignment of Reviews

 

a)         At the conclusion of every work week, the transcript clerk shall deliver to the review clerk a list of the arbitration transcripts completed during that week.  The transcript list shall be in numerical order according to the Commission docket number of each case.  No information other than the transcript name and number shall appear on the list.

 

b)         Upon receipt of the list of completed arbitration transcripts, the review clerk will cause those cases to be randomly assigned to a Commissioner by a computer program.

 

c)         Petitions filed post-arbitration under Section 7(a), 8(a) and 19(h) of the Act shall be assigned to the original hearing Commissioner or the Commissioner assigned to the particular territory where the original hearing was held.

 

d)         Assignments shall be final except upon disqualification of a Commissioner as provided in 50 Ill. Adm. Code 9030.30 or upon motion by any party for good cause shown.

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.30  Review Hearing:  Date and Place

 

The Commission will give notice to the parties of the date, place and time set for a Review hearing.The notice will be given at least 10 days prior to the hearing.

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.40  Conduct of Review Hearings

 

a)         In all cases on Review, no additional evidence shall be introduced by the parties before the Commission unless relating to procedural issues relevant to the Review process.

 

b)         Special Findings on Review

 

1)         Either party may request in writing that the Commission make up to 5 special findings upon any questions of law or fact submitted to it concerning issues raised by the Review.

 

2)         The interrogatories shall be filed at the time of filing the parties' Statement of Exceptions.

 

3)         A copy of the interrogatories must be served on all parties with appropriate proof of service.

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.50  Remanding Orders (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.60  Continuances for Oral Arguments and Extensions of Time for Filing Statements of Exceptions and Supporting Briefs and Abstracts

 

Parties shall present their oral arguments at the time and date set by the Commission.  Continuance of an oral argument or extension of time for filing Statements of Exception(s) and Supporting Briefs and Abstracts shall be granted by Order of the Commission only for good cause shown.

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.70  Statements of Exceptions and Supporting Briefs and Abstracts

 

a)         In the event that more than one party files for Review, without regard to who filed first, each party may file its own Statement of Exception(s), as well as a Response.

 

b)        Except in cases in which Section 19(b-1) Petitions have been filed, each party filing a Petition for Review of an Arbitrator's decision, or other proceedings in which the right to oral arguments has been granted, or in which written statements of the parties have been ordered by the Commission, shall file its Statement of Exceptions and Supporting Brief setting forth:

 

1)         the identity of the party filing;

 

2)         the names of the parties and the Commission number assigned to the case or cases;

 

3)         the name of the Commissioner to whom the case has been assigned on Review;

 

4)         the date, if any, scheduled for oral argument;

 

5)         the name of the Arbitrator who rendered the decision or entered the order most recently prior to the filing of the party's petition;

 

6)         the Arbitrator's findings, to include, whenever applicable:

 

A)        date of accident and/or (last) exposure found or alleged;

 

B)        the number of weeks of temporary total disability compensation awarded and the amount of compensation paid;

 

C)        the dollar amount of medical expenses awarded;

 

D)        the nature of the disability and/or disfigurement and the number of weeks, for disfigurement, or the percentage of loss, for permanent partial disability or specific loss, if any, awarded, or that an award of benefits by reason of death or permanent total disability was granted;

 

E)        the dollar amount of any awards, or other findings, under Sections 4(i), 8(f), 16, 19(k) and 19(l), of the Act, if any;

 

7)         appellant's Statement of Exceptions to the Arbitrator's decision to include:

 

A)        separate headings identifying each issue asserted as an exception or addition;

 

B)        statements of particular evidence in the record pertaining to each issue, together with citation of any legal authorities, including Commission decisions, that support the position of the issue.

 

c)         Three (3) copies of the appellant's Statement of Exceptions and the Supporting Brief shall be filed with the Commission and served on all parties not later than 30 days from the Return Date on Review.  The appellee may submit a response, filing 3 copies of the response with the Commission, and shall serve copies of the response on all parties within 15 days from the last day allowed for the filing of appellant's Statements of Exceptions and Supporting Brief.  A Statement of Exceptions and Supporting Brief,

and any response to those documents:

 

1)         shall be written or printed on one side of no more than 20 8½ x 11" sheets of paper or shall contain no more than 5,200 words, whichever is greater; and

 

2)         shall include a certificate of the date and manner of service of copies on all other parties.

 

d)         All documents filed under this Section shall bear the caption of the case, including the Commission case number, and shall include, directly under the case number in the caption, the name of the Commissioner to whom the case has been assigned for the Review proceedings, together with the date set for oral argument, when applicable.  Documents filed pursuant to this Section will not be considered to have met the requirements for filing if they do not comply with the requirements of subsection (e).  Oral arguments will be limited to the issues raised in both the Review proceedings stipulation form or its equivalent for proceedings such as those under Section 19(h) and (f) of the Act and in the party's Statement of Exceptions and Supporting Brief, and to those in any complying response to those documents.  Failure of any party to timely file any Statement of Exceptions and Supporting Brief or Response Brief required by this Section, including an abstract when required under subsection (f), shall constitute a forfeiture of the right to oral argument by that party.  When a party has timely filed, that party may petition the Commission to present oral arguments in support of its Statement of Exceptions and Supporting Brief and/or Response Brief.  Within 15 days after the date the last filing was due, a party that has timely filed may petition the Commission for oral argument.  The assigned Commissioner may order oral argument at his or her discretion, not withstanding anything to the contrary in this Part.

 

e)         Timely filing shall be shown by:

 

1)         the date file stamped on the document at the time of receipt by the Commission;

 

2)         a legible postmark date applied by the U.S. Postal Service, and not by a party, to the envelope in which the document is received by the Commission at least 2 calendar days prior to the date on which the document was due to be filed in accordance with this subsection (e). If the date required for filing or mailing falls on a Saturday, Sunday or holiday, the time for filing or mailing shall be the next date that is not a Saturday, Sunday or holiday;

 

3)         an Order entered at the discretion of the assigned Commissioner upon written Motion.

 

f)         Abstracts on Review

 

1)         Any reviewing Commissioner may, by notice to the parties, order the party first filing for Review to file an Abstract of the Record and serve a copy of that abstract upon all other parties within 30 days after the notice.  Any other party may file a supplemental Abstract within 15 days after receipt of the original Abstract.

 

2)         Upon Motion, any party may request leave to file an Abstract of the Record, which may be allowed at the discretion of the reviewing Commissioner, as provided in subsection (f)(1).

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

 

Section 9040.80  Commission Decision on Review

 

In all cases in which, at or before the closing of proofs on Review, a party has filed a written request for a full written decision pursuant to Section 19(e) of the Act, the Commission will issue a decision, which shall include:

 

a)         the Commission's number assigned to the case, the names of the parties, and the name of the county in which the case was heard on Arbitration;

 

b)         the Arbitrator's findings as relevant to the issues on Review, including, if relevant:

 

1)         the date or dates of the accident, exposure or last exposure;

 

2)         the number of weeks for which temporary total disability compensation was awarded, if any;

 

3)         the dollar amount of medical expenses awarded, if any;

 

4)         the nature and number of weeks, in case of disfigurement, or percentages, in case of partial losses of use, awarded with respect to disfigurement and permanent partial disability; the nature and the number of weeks awarded with respect to any specific losses under Section 8(e) of the Act, if any; or the fact that benefits were awarded on account of death or permanent total disability;

 

5)         findings under Section 4(i), 8(j), 16, 19(k) or 19(1) of the Act, if applicable;

 

c)         the identities of the parties who  have filed a Petition for Review, or other proceedings as under Section 19(h), 8(a) or 8(f) of the Act, and a statement of the issue to be decided on Review;

 

d)         the Commission's findings of fact and conclusions of law upon each claim of exceptions to the Arbitrators decision, including a statement of the particular evidence in the record upon which the findings and conclusions are based;

 

e)         applicable Orders resulting from the findings of fact and conclusions of law;

 

f)         a statement of the conditions, if any, for a judicial review of the Commission's decision in accordance with the requirements of 50 Ill. Adm. Code 9060.

 

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)