TITLE 50: INSURANCE
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AUTHORITY: Implementing Section 19 and authorized by Section 16 of the Workers' Compensation Act [820 ILCS 305/19 and 16].
SOURCE: Filed and effective March 1, 1977; amended at 2 Ill. Reg. 49, p. 244, effective December 7, 1978; amended at 3 Ill. Reg. 4, p. 13, effective January 21, 1979; amended at 4 Ill. Reg. 26, p. 159, effective July 1, 1980; emergency rule at 4 Ill. Reg. 41, p. 171, effective September 25, 1980 for a maximum of 150 days; amended at 5 Ill. Reg. 4580, effective April 13, 1981; emergency rule at 5 Ill. Reg. 8547, effective August 12, 1981 for a maximum of 150 days; amended at 6 Ill. Reg. 3570, effective March 22, 1982; amended at 6 Ill. Reg. 8040, effective July 1, 1982; codified at 7 Ill. Reg. 2349; recodified from 50 Ill. Adm. Code 7070 to 50 Ill. Adm. Code 9070 at 39 Ill. Reg. 9611; amended at 40 Ill. Reg. 15775, effective November 9, 2016.
Section 9070.10 Settlement Contracts
a) Filing Requirements
1) Settlement Contracts shall be filed in quadruplicate on a form provided by the Commission and docketed. One copy shall be provided for each additional case number listed on the contract. When an application is pending, the contracts must bear the docket number of the application. When no application has been filed, the contracts shall be given an original number and letter in the same manner as an application. In cases involving payment into the Second Injury Fund, one additional copy shall be filed for record purposes. In addition, a stamped envelope must be submitted, addressed to each person who is to receive copies of the approved contract by mail.
2) Settlement Contracts shall be accompanied by an "Attorney Representation Agreement" if not previously filed.
b) Contents
Settlement Contract forms shall be completed in full and accompanied by an appropriate signed physician's report concerning the nature and extent and probable duration of the disability resulting from the alleged accident. Settlement Contract forms are available at http://www.iwcc.il.gov/forms.htm.
1) In cases involving claim for death benefits, the report shall refer to the medical cause of death. In addition, in death cases, copies of the death certificate and, when applicable, marriage certificate of the decedent and birth certificates of any minor children of the decedent shall accompany the Settlement Contracts.
2) The Petitioner shall, upon request, provide any other information relevant to determining the appropriateness of the settlement.
c) Assignment
1) Settlement Contracts on cases originating in Cook County that have not previously been assigned to an Arbitrator or Commissioner may be assigned randomly to an Arbitrator in the appropriate venue by a computer program.
2) If a Petitioner is not represented by an attorney, a different assignment procedure may be established from time to time by directive of the Chairman for the benefit of those Petitioners. An attorney may make a motion requesting an immediate hearing on a settlement for good cause. If the motion is granted, the settlement may be assigned in the same manner as settlements of non-represented Petitioners.
3) When the venue is outside Cook County, the parties may present Settlement Contracts by appearing personally before an Arbitrator assigned to that venue and requesting approval of the contracts.
d) Appearance of Petitioner Discretionary
If both parties are represented by an attorney, the Arbitrator or Commissioner to whom the Settlement Contract has been assigned may approve or reject the Settlement Contract solely on the basis of information in the settlement and the medical and other reports required to be submitted pursuant to subsection (b). Prior to rejection of a Settlement Contract, the Arbitrator or Commissioner shall give the parties an opportunity to be heard.
(Source: Amended at 40 Ill. Reg. 15775, effective November 9, 2016)
Section 9070.20 Agreed Petitions for Lump Sum Settlement
a) All of the requirements set forth in Section 9070.10 shall have equal applicability to agreed Petitions for Lump Sum Settlement.
b) In all cases, but particularly those involving either minor Petitioners or minor beneficiaries, the Commission reserves the right to elicit evidence concerning the use to which the proceeds of the settlement are to be put pursuant to Section 9 of the Act.
c) When commutation is requested, the Commission reserves the sole right to compute the allowable commutation and enter the net amount ordered paid by the Respondent.
(Source: Amended at 40 Ill. Reg. 15775, effective November 9, 2016)