Section 9020.10  Docketing and Numbering of Cases

 

a)         All cases brought before the Illinois Workers' Compensation Commission (Commission) shall be docketed, time-stamped and given a letter, a number and the year of filing.  All subsequent pleadings or correspondence should refer to this letter and number.

 

b)         All documents filed with the Commission, including, but not limited to, Applications for Adjustment of Claim, Attorneys' Appearances, Motions and Petitions for Review, shall be served on all parties and shall have a certificate of service setting forth the time and manner of that service. A copy of all written communication addressed to the Commission with respect to a pending matter shall be sent to all parties at the time it is sent to the Commission; all such correspondence shall list the parties to whom copies have been sent.  Any documents or written communication not submitted in compliance with this subsection constitutes an ex parte communication and therefore will be disregarded.

 

c)         Upon presentation of paper documents at the Commission Office, the Commission will file and time stamp all documents presented for filing Monday through Friday, 8:30 a.m. to 5:00 p.m., except legal holidays.  Electronically filed documents shall be filed in accordance with 50 Ill. Adm. Code 9015.30.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.20  Application for Adjustment of Claim

 

a)         Applications for Adjustment of Claim (Application) with a certificate setting forth the date of service shall be filed in triplicate on an appropriate form provided by the Commission.  The filing party shall serve one copy of the Application that has been filed on all opposing parties.

 

b)         An Application must be limited to one accident or claim.  After an Application has been filed with the Commission, any other Applications for Adjustment of Claim covering that accident, but naming a different employer, shall be assigned the same docket number as the original Application.

 

c)         Applications shall be completed in full and must provide an accident or manifestation of injury date, a description of how the accident occurred, the part of the body injured, the geographical location of the accident for purposes of establishing venue, and a description of how notice of the accident was given or acquired by the employer.

 

d)         Once an Application is filed, the Commission will send the information on the Application, on a Notice of Hearing, to the opposing party at the address supplied by the filing party. If the Notice is returned to the Commission because the filing party has supplied the wrong address for the opposing party, the Commission will so inform the filing party.  The filing party has the obligation of providing the Commission with the proper address so Notice can be sent to the opposing party.

 

e)         Applications may be amended prior to a hearing on the merits by filing an Amended Application for Adjustment of Claim under the letter and number given the original Application. The Amended Application must be clearly labeled "Amended" with all changes clearly marked on all copies and must have attached to it all prior versions of the Application for Adjustment of Claim.  Also attached must be proof that the filing party has served a copy of the Amended Application on the opposing party in the manner set forth in Section 9020.70.  It shall be within the discretion of the Commission whether to allow any amendments to the Application after the commencement of a hearing on the merits.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.30  Memorandum of Names and Addresses for Service of Notice and Attorneys' Appearance

 

a)         Each party, upon instituting or responding to any proceedings before the Commission, shall file and timely update with the Commission, his/her address or the names and addresses of any agent upon whom notices shall be served, either personally or by regular mail, addressed to the party or agent at the last address filed with the Commission.

 

b)         An Appearance, on forms provided by the Commission, shall be filed by any attorney or law firm representing any party in any proceedings before the Commission. Appearances filed by the Petitioner's attorney shall be accompanied by an Attorney Representation Agreement, on a form prescribed by the Commission, completely filled out and signed by the Petitioner and the attorney.  No attorney or law firm will be recognized in any case before the Commission unless the attorney or the attorney's firm has duly entered a written Appearance.  A subsequent attorney wishing to appear on an existing claim may file a Motion for Substitution of Counsel or a Motion to Seek Leave to File an Appearance, supported by a properly executed Attorney Representation Agreement and with proper notice to all parties and attorneys of record.  When an Appearance has been duly filed by a law firm, any attorney member of that firm may appear and be recognized by the Commission.  No party or insurance carrier may file an Appearance on behalf of an attorney or law firm.

 

c)         Once an Appearance has been filed, Leave to Withdraw can only be had upon written order of the Commission or a duly designated Arbitrator of the Commission following appropriate notice to the client and the opposing side.  Substitution of Counsel may be had by filing with the Commission and serving on the opposing party a notification of the substitution, signed by the attorney of record, the substituted attorney and the client.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.40  Who May Appear-Unauthorized Practice

 

a)         Only attorneys licensed to practice in the State of Illinois may appear on behalf of parties to litigation before the Commission.  This specifically includes presentation of Settlement Contracts and Lump Sum Petitions. Attorneys licensed to practice in states other than Illinois may appear with leave of the Commission.

 

b)         For routine matters, such as agreed continuances or other agreed ministerial acts, persons other than licensed attorneys shall be permitted to appear on behalf of a party at the status call.

 

c)         Violations of this Section may be referred to the Attorney Registration & Disciplinary Commission in accordance with the Supreme Court rules.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.50  Hearing:  Place; Change of Venue

 

a)         Except to the extent modified by Section 9020.80 in reference to proceedings under Section 19(b-1) of the Workers' Compensation Act [820 ILCS 305/19(b-1)] (Act), the provisions of subsection (b) apply:

 

b)         Upon receipt of an Application for Adjustment of Claim, the Commission will fix a date and place for initial status before an Arbitrator of the Commission in accordance with the applicable Act.  The place designated shall be a hearing site located in or nearest geographically to the vicinity in which the alleged accident or exposure occurred. However, the Commission may assign a different Arbitrator to balance Arbitrator caseloads at each hearing site.  When the accident occurs outside the State of Illinois and the applicant resides in Illinois, the case shall be set at the hearing site geographically nearest to where the applicant resides.  When the accident occurred outside of Illinois and the applicant resides outside of Illinois, the case shall be set at a hearing site most convenient to the parties.

 

c)         Designation of a hearing site other than as provided in this subsection may be had upon showing to the Commission of extreme hardship worked upon a party or parties by the designated site, or by agreement of the parties.  Absent agreement, any party seeking a change of venue may present a Motion for Change of Venue, setting forth the basis for the change.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.60  Continuances on Arbitration, Notices, Monthly Status Calls, Voluntary Dismissal

 

a)         Continuances on Arbitration; Notices

Written notices will be sent to the parties for the initial status call setting on Arbitration only.  Thereafter, cases will be continued for 3 month intervals, or at other intervals upon notice by the Commission, until the case has been on file at the Commission for 3 years, has been set for trial pursuant to 50 Ill. Adm. Code 9030.20, or otherwise disposed of. The parties must obtain any continued status call dates from Commission records.

 

b)         Monthly Status Calls

 

1)         Each Arbitrator, subject to his or her availability, shall hold a monthly status call of cases that appear on the Arbitrator's docket that month.

 

A)        In Cook County, each Arbitrator's monthly status call shall be held at 2:00 p.m. or at a time, date and place designated by the Chairman.

 

B)        In areas outside of Cook County, each Arbitrator's monthly status call shall be held at 9:00 a.m. or at a time, date and place designated by the Chairman.

 

2)         The monthly status call shall be conducted by an Arbitrator as follows:

 

A)        Cases shall be called in the order that they appear on the monthly status call.

 

B)        Cases will be continued in accordance with subsection (a) unless a request for a trial date is made in accordance with 50 Ill. Adm. Code 9030.20.  A request for a trial date may be made in a case that does not appear on the monthly status call if:

 

i)          a Petition under Section 19(b) of the Act has been filed in accordance with Section 9020.80(a);

 

ii)         death benefits under Section 7 of the Act or permanent total disability benefits under Section 8 of the Act are claimed; or

 

iii)        special circumstances exist that, in the opinion of the Arbitrator, would warrant advancing the case for trial.  The moving party must set forth in his or her motion the basis of the claimed special circumstance.

 

C)        Motions for trial dates under subsection (b)(2)(B) shall be presented at the conclusion of the status call.

 

D)        Cases on File 3 or More Years

 

i)          In all cases that have been on file at the  Commission for 3 years or more, the parties or their attorneys must be present at each status call at which the case appears.  The case will be set for trial or dismissed unless a written request has been made to continue the case for good cause.  The request shall be made part of the case file. The written request must be received by the Arbitrator at least 15 days in advance of the status call date and contain proof of service showing that the request for a continuance was served on all other parties to the case and/or their attorneys.  Any objection to a continuance in the case must be received by the Arbitrator at least 7 days prior to the status call date and contain a similar proof of service.  The Arbitrator shall rule on the requests for continuances or objections to the requests at the status call.

 

ii)         Failure of the Petitioner or the Petitioner's attorney to request or answer a request for a continuance in accordance with subsection (b)(2)(D)(i) and to appear at the monthly status call at which the case appears shall result in the case being dismissed for want of prosecution.

 

iii)        When the Arbitrator has set the matter for trial, the case shall proceed on the date set by the Arbitrator.

 

E)        Section 19(b-1) Pretrials, Motions, Pro Se Settlement Contracts

 

i)          In Cook County, each Arbitrator will hear motions and conduct pre-trial hearings on Petitions filed under Section 19(b-1) of the Act beginning at 8:45 a.m. on the monthly status call date.  The Arbitrator shall hear other motions at the conclusion of the monthly status call.  Pro se settlements may be presented on the morning of any monthly status call or on days designated by the Arbitrator.

 

ii)         In all areas outside of Cook County, the Arbitrator will hear motions and conduct pre-trial hearings on Petitions filed under Section 19(b-1) of the Act, and hear other motions, at the conclusion of the monthly status call.  Pro se settlement contracts may be presented at the conclusion of any monthly status call or on days designated by the Arbitrator.

 

c)         Voluntary Dismissals

 

1)         Any party may voluntarily dismiss his or her claim or any Petition or motion filed on his or her behalf upon motion signed by the party, if unrepresented, or his or her attorney of record.

 

2)         A party may file a motion to dismiss his or her claim or any Petition or motion filed on his or her behalf without the signature of his or her attorney of record. The moving party must serve themotion on his or her attorney and the opposing party, in the manner set forth in Section 9020.20(a), and set the motion for hearing as set forth in Section 9020.70.  In these cases, there shall be no disposition of the claim on its merits prior to the disposition of the motion.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.70  Motion Practice, General

 

a)         Form of Motions

All motions, except motions made during an Arbitration or Review hearing, motions for a continuance of cases in the regular review call, and petitions filed under Section 19(h) and/or Section 8(a) of the Act must be accompanied by a Commission form entitled Notice of Motion and Order and must be served on the Arbitrator or Commissioner and all other parties in accordance with subsection (b).  All such motions must set forth the date on which the moving party will appear before the Arbitrator or Commissioner to present the motion and must include the type of motion and nature of the relief sought. A Notice of Motion and Order not accompanied by the motion may be stricken.

 

1)         Motions on Arbitration

 

A)        Motions requesting a trial date will be heard during the status call in accordance with Section 9020.60(b)(2).

 

B)        All other motions will be heard in accordance with Section 9020.60(b)(2)(E).  Each arbitrator will hear all motions, other than motions requesting a date certain for trial, on any case assigned to the Arbitrator, even if it does not appear on the status call.

 

2)         Commissioners' Review Calls

            Each Commissioner will hear motions at the hearing location on the days designated by the Commission.

 

b)         Notice; Service of Papers; Proof of Service; and Waiver of Notice.

 

1)         Notice and Service of Papers

 

A)        For all motions except Petitions for Immediate Hearing and motions requesting a date for trial, notices of motion shall be in writing and shall be served upon the Arbitrator or Commissioner and the attorney of record of all other parties or, when any other party is not represented by counsel, upon the party himself, by personal or office delivery or by mailing of a copy of the notice with copies of the supporting papers.  The service, if by personal or office delivery, shall be effected 5 days preceding the day of the status call set forth in the notice, exclusive of any intervening Saturday, Sunday or legal holiday.  If service is had by mail, then the envelope enclosing a copy of the notice and supporting papers shall be deposited in the post office or post office box at least 10 days before the motion is to be heard, exclusive of any intervening Saturday, Sunday or legal holiday.

 

B)        Motions for an immediate hearing under Section 19(b) of the Act and motions requesting a date for trial shall be served on the Arbitrator and on all other parties 15 days preceding the status call date set forth in the notice.

 

C)        Proof of service of notices or other papers shall be affixed:

 

i)          in any case, by written acceptance of service;

 

ii)         in case of service by delivery, by affidavit of the person delivering or leaving the papers; and

 

iii)        in case of service by mail, by affidavit of the person depositing the papers in the mail. The affidavit shall state the time and place of mailing, the complete address that appeared on the envelope, and the fact that proper postage was prepaid.

 

D)        When the opposite party has not appeared within the time fixed by rule, or has appeared but failed to designate a place for service, service  may be directed to that party's last known business or residence address.

 

2)         Waiver

Parties may waive the requirements of notice, service and proof of service.

 

c)         Who Shall Hear Motions

 

1)         When a cause is pending on the Arbitration call, all motions and settlement contracts, except when expressly otherwise provided in the Rules of the Commission (50 Ill. Adm. Code Ch. VI), shall be heard by the Arbitrator to whom the case has been assigned. If that Arbitrator is unavailable, the Commission may assign the motion or settlement contract to another Arbitrator for disposition.

 

2)         When a cause is pending on Review, but not yet assigned to a specific Commissioner, all motions shall be assigned to a sitting Commissioner.  Once the cause has been assigned to a particular Commissioner for hearing, that Commissioner shall hear all motions relative to the case.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.80  Petitions for Immediate Hearing

 

a)         Petition for Immediate Hearing Under Section 19(b)

 

1)         In a Petition alleging that the Petitioner is not receiving benefits under Section 8(a) or 8(b) of the Act to which the Petitioner is entitled, the Petitioner may file a Petition for Immediate Hearing, as provided for in Section 19(b) of the Act, on an appropriate form provided by the Commission. The Petition shall set forth:

 

A)        a description of the attempts by parties or counsel to resolve the dispute requiring an immediate hearing, including the name of the representative of the opposing party with whom the Petitioner or the Petitioner’s attorney has conferred, the date of the conference, and the result of the conference; and

 

B)        a statement that a signed physician's report of recent date relating to the employee's current inability to work, or a description of such other evidence of temporary total disability as is appropriate under the circumstances, has been delivered to the Respondent.

 

2)         The Petition for Immediate Hearing shall be filed and heard in accordance with Section 9020.70.

 

3)         A response to the Petition shall be filed on an appropriate form provided by the Commission within 15 calendar days after service of a Petition for Immediate Hearing. Failure to respond timely or in good faith may result in the assessment of the attorneys' fees under Section 16 of the Act.

 

4)         The Arbitrator to whom the case is assigned shall attempt to resolve the matter informally. If the matter cannot be resolved at that time, and the Arbitrator determines the Petitioner is not receiving benefits as provided in subsection (a)(1), the Arbitrator shall order the case to formal hearing.

 

b)         Petition for Immediate Hearing under Section 19(b-1)

 

1)         Filing Petition for Emergency Hearing under Section 19(b-1)

An employee alleging an inability to work because of disability compensable under the Act or the Workers' Occupational Diseases Act [820 ILCS 310], and who is not receiving temporary total disability or medical, surgical or hospital benefits to which the employee is entitled under Section 8(a) or 8(b) of the Act, may file a Petition for Immediate Hearing before an Arbitrator as provided for in Section 19(b-1) of the Act. The Petition shall be filed on a form provided by the Commission and comply with all requirements of the Act.

 

2)         Section 19(b-1) Proceedings before Arbitrators: Pre-trial Conferences

 

A)        The Arbitrator will hold a pre-trial conference within 20 calendar days after the Petition for Emergency Hearing is filed, or, if the petition is deemed sufficient pursuant to subsections (b)(2)(B), (C) or (D), within 20 calendar days after the date the petition is deemed sufficient. If the venue is outside of Cook County, the pre-trial conference will be held at either the regularly scheduled hearing site or at another hearing site for the same Arbitrator available within that time period and located as close as practical to the original hearing site. Notice of the pre-trial conference will be sent by the Commission to all parties of record.

 

B)        The Arbitrator will rule on any challenges to the sufficiency of the Section 19(b-1) Petition within 2 business days. If such an objection is filed, the time for filing both the 19(b-1) Response and the final decision of the Commission as provided in Section 19(b) of the Act will be tolled until the Arbitrator has determined that the petition is sufficient.

 

C)        If the Arbitrator finds the Section 19(b-1) Petition insufficient, the Arbitrator will allow the Petitioner 5 business days to cure all insufficiencies, and all time limits under the statute will be tolled until the Arbitrator has determined that the amended Section 19(b-1) Petition is sufficient. During this period, the amended Section 19(b-1) Petition, with proof of service to opposing party, shall be filed with the Commission. If the insufficiencies are not cured within the 5-business-day time limit, the Section 19(b-1) Petition will be dismissed without prejudice by the Arbitrator and notices of the dismissal will be sent by the Commission to all parties of record.

 

D)        If the insufficiencies are cured within the 5-business-day time limit and the parties have not received from the Commission notices of dismissal of the Section 19(b-1) Petition, the Respondent shall have 15 calendar days from the receipt of the amended Section 19(b-1) Petition to file a response.

 

3)         Section 19(b-1) Hearing, Decisions, and Transcripts

 

A)        Hearings

 

i)          At the pre-trial conference, the Arbitrator will set the case to be tried within 15 calendar days at either the regularly scheduled hearing site or at another hearing site for the same Arbitrator available within that time period and located as closely as practical to the original hearing site.

 

ii)         Proofs are to be closed within 15 calendar days after the Section 19(b-1) hearing, unless for good cause the Arbitrator extends the time for closing proofs for an additional period or periods not to exceed a total extension period of 30 calendar days. Good cause is defined as, but not limited to, additional medical records needed and taking of depositional evidence.

 

B)        Arbitrator Decision

The Arbitrator's decision is to be filed with the Commission within 25 calendar days after proofs are closed. The Arbitrator's decision shall contain the final cost of the arbitration transcript, or the estimated cost of the transcript if the final cost is not available at the time the Arbitrator's decision is issued.

 

C)        Transcripts

 

i)          At the beginning of each hearing at which a record is made, the Arbitrator shall state the following for the record:

 

Upon the closing of proofs, at the request of any party, the Arbitrator shall order the Court Reporter to prepare an original transcript of this hearing, to be authenticated by the Arbitrator for use by the Commission in the event it is required for further proceedings, including any proceedings for a review of the Arbitrator's decision. The parties may order copies of the transcript of today's hearing at the close of the hearing, to be charged at the rate provided in Section 16 of the Workers' Compensation Act for copies of a transcript. Each party shall pay the cost of its own copy. If a Petition for Review is filed, the appealing party shall pay the cost of the original transcript. If no Petition for Review is filed, the parties shall pay the cost of the original transcript, to be divided equally among the parties. At the close of each day's hearing on Arbitration, the Court Reporter shall provide an estimate of the cost of preparing the transcript. The estimated cost of the transcript may not be the final cost of the transcript for which a party is liable. If the party orders the transcript at a later time, it is unlikely it will be received in sufficient time for use in preparation of the party's Statement of Exceptions and Supporting Brief, or a response to that statement, in the event either party files a Petition for Review of the Arbitrator's decision. If the original is not on file, in the event a transcript is ordered, it will be prepared as an original and the party will be charged at a rate provided for in Section 16 of the Workers' Compensation Act. The Commission will not consider the unavailability of the transcript good cause for the failure to file a timely Statement of Exceptions and Supporting Brief, or a response to that statement.

 

ii)         When the transcript of proceedings has been ordered pursuant to subsection (b)(3)(C)(i), the transcript shall be authenticated by the Arbitrator and a copy of the statement of the final cost of the preparation of the transcript shall be filed by the Court Reporter at the Commission within 25 calendar days after proofs are closed. When the transcript of the proceedings is ordered at the time a Petition for Review is filed and the transcript has been received, the transcript shall be authenticated and filed pursuant to subsection (b)(4)(A)(iii).

 

4)         Section 19(b-1) Proceedings before the Commission

 

A)        Perfecting a Review

A Petition for Review must be filed in duplicate at the Commission within the time provided by Section 19 of the Workers' Compensation Act. The Petition must contain or be accompanied by the following:

 

i)          A Certificate of Service on the opposing party by personal service or certified mail;

 

ii)         A certification that payment for the transcript in the amount set forth in the Arbitrator's Decision has been made to the Court Reporter, including a copy of the check or money order sent to the Court Reporter. When the amount paid is an estimate, the balance of the cost, if any, shall be paid upon receipt of the statement from the Court Reporter setting forth the final cost of the transcript. An order entered pursuant to Section 20 of the Workers' Compensation Act may be submitted for payment of the transcript;

 

iii)        An order for the transcript of proceedings at Arbitration, when the transcript was not ordered at Arbitration. The transcript of proceedings authenticated by the Arbitrator shall be filed by the Court Reporter at the Commission within 25 calendar days after the filing of the Petition for Review; and

 

iv)        A statement of Appellant's specific exceptions to the Arbitrator's Decision; attaching the Statement of Exceptions and Supporting Brief required by subsection (b)(4)(B) will satisfy this requirement.

 

B)        Statement of Exceptions and Supporting Brief

 

i)          Any party filing a Petition for Review with the Commission shall file a Statement of Exceptions and Supporting Brief with attached proof of service within 15 calendar days after the filing of the Petition for Review. If the Appellee elects to file a response to the Petition for Review, the response must be filed and served on the opposing party within 15 calendar days after the last day allowed for the filing of the Appellant's Statement of Exceptions and Supporting Brief. Each party filing a Statement of Exceptions and Supporting Brief, or a response, shall file 3 copies. The Statement of Exceptions and Supporting Brief, or response, shall be written or printed on one side of no more than 20 8½ x 11" sheets of paper or contain no more than 5,200 words, whichever is greater, and shall follow the format set forth in 50 Ill. Adm. Code 9040.70(a). Failure of any appellant or petitioning party to file timely a Statement of Exceptions and Supporting Brief may result in denial of oral argument.

 

ii)         Timely filing shall be shown by:  the filing date stamped on the document at the time of receipt by the Commission at its office in Chicago, Illinois; a legible postmark date at least 2 calendar days prior to and exclusive of the date on which the document was due to be filed in accordance with this Section, 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 its office in Chicago, Illinois, or 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 at its offices in Chicago, Illinois, showing a date of mailing that is not less than 2 calendar days prior to and exclusive of the date on which the document was due to be filed. 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. Electronically filed documents shall be filed in accordance with 50 Ill. Adm. Code 9015.30.

 

C)        Hearing on Review and Oral Arguments

No Hearing on Review will be held by the Commission. Immediately after the Petition for Review has been filed, it will be assigned to a Commissioner who will promptly schedule the case for oral argument before a panel of 3 Commissioners, as provided in Section 19(e) of the Act.

 

D)        The Commission will file its decision no more than 90 days after the filing of the Petition for Review, and not later than 180 days after the filing of the Petition under Section 19(b-1) of the Act, whichever is sooner.

 

5)         Service in Section 19(b-1) Proceedings

All service required pursuant to this Section must be by personal service or certified mail with return receipt. After initial service to the employer, service shall be made on the employer's attorney or designated representative.

 

(Source:  Amended at 47 Ill. Reg. 6149, effective April 13, 2023)

 

Section 9020.90  Petitions to Reinstate

 

a)         When a cause has been dismissed from the Arbitration call for want of prosecution, the parties shall have 60 days from receipt of the dismissal order to file a Petition to Reinstate the cause onto the Arbitration call.  Notices of dismissal shall be sent to the parties.

 

b)         Petitions to Reinstate must be in writing.  The Petition shall set forth the reason the cause was dismissed and the grounds relied upon for reinstatement.  The Petition must also set forth the date on which the Petitioner will appear before the Arbitrator to present the Petition.  A copy of the Petition must be served on the other side at the time of filing with the Commission in accordance with the requirements of Section 9020.70. The Respondent may file a response to the Petition.

 

c)         Petitions to Reinstate shall be docketed and heard by the same Arbitrator to whom the case is assigned.  Both parties must appear at the time and place set for hearing.  Parties will be permitted to present evidence in support of, or in opposition to, the Petition.  The Arbitrator shall apply standards of fairness and equity in ruling on the Petition to Reinstate and shall consider the grounds relied on by the Petitioner, the objections of the Respondent, and the precedents set forth in Commission decisions.  A record shall be made of a hearing on any contested Petition.

 

d)         A cause shall be reinstated upon stipulation of the parties filed with the Commission, which will docket the stipulation.

 

e)         Nothing in this Section abridges the rights found in the applicable Statute of Limitations of the Illinois Workers' Compensation Act (Section 6(d) of the Act) or Section 6(c) of the Illinois Occupational Diseases Act.

 

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)

 

Section 9020.100  Medical Examinations

 

a)         Notice of Medical Examination

            The petitioner need not present himself for any examination requested by the respondent unless the name and address of the examining physician and surgeon is furnished the petitioner in writing at the time the request for such examination is made.

 

b)         Cost to Petitioner

            The costs and expenses incurred by the petitioner as a result of submitting to an examination requested by the respondent shall be reimbursed him in the manner and amount provided in Section 12 of the applicable act.

 

c)         Impartial Medical Examination

 

1)         The Commission may order an impartial medical examination pursuant to Section 19(c) of the Act.  The Secretary of the Commission shall notify the Illinois State Medical Society in writing that an impartial medical examination has been ordered by the Commission and shall state the name and address of the person to be examined, the nature of the disputed condition and the type of medical specialist required.  The Illinois State Medical Society shall select an impartial physician and arrange the time and place of the examination and shall notify the secretary of the Commission.  The Secretary shall notify the parties and the impartial examining physician of time and place of the examination.

 

2)         The impartial examining physician shall examine the Petitioner named in the order and shall transmit his signed report to the Secretary and the attorneys for the parties within 20 days of the examination.  At the same time the physician shall return to the Secretary all the records and the data listed in the order and a statement for fees.

 

3)         Either party may request the testimony of the impartial examining doctor. The doctor shall be subject to cross-examination by each party.  If the testimony of the physician is requested, the impartial medical physician shall not be subpoenaed.  The parties shall notify the Secretary of the request for testimony and the Secretary shall notify the physician and all parties of when and where the physician is to testify.  The Commission may order the testimony of the physician by deposition only.

 

4)         Attorneys are to avoid direct contact with the impartial examining physician.

 

(Source:  Rule 2(10) (now Section 9020.100) renumbered from rule 2(9) at 6 Ill. Reg. 11909, effective September 20, 1982)