Section 9070.40  Action by Commission

a)         Upon presentation of Settlement Contracts or Petitions for Lump Sum Settlement, the Commission shall, after hearing or otherwise, either "approve" or "reject" the Contract or Petition for Lump Sum Settlement.  If rejected, the Settlement Contract or the Petition for Lump Sum Settlement shall remain in the Commission file to accompany the application filed, or any to be filed, for the accidental injuries alleged in the Contract or Petition, until the case is assigned to an Arbitrator for hearing.  At that time, the Rejected Settlement Contract shall be removed from the file and kept in a separate file until a final award has been entered by the Commission.  In no event shall that case be assigned to any Arbitrator who has previously rejected a Settlement Contract presented in that case.

b)         When a Settlement Contract has been rejected by an Arbitrator and the venue of the case lies outside Cook County, it shall be the duty of the Arbitrator to return the file to the Commission, which will transfer the case to a new Arbitrator in the nearest contiguous geographical territory.  TheCommission shall notify all parties of the time, place and date of further action.

c)         When a Settlement Contract has been rejected by an Arbitrator and the venue of the case lies in Cook County, it shall be the duty of the Arbitrator to notify the Commission, which will transfer the case to a new Arbitrator chosen randomly from all Arbitrators located in Cook County.

d)         When a Settlement Contract has been rejected by a Commissioner and reassigned to an Arbitrator for hearing, no Settlement Contract may be approved by any Arbitrator. Any additional Settlement Contract must be presented to the Commissioner who rejected the prior Settlement Contract for consideration and possible approval.

e)         Parties may reserve the right to amend an approved Settlement Contract by stipulation and Order of a Commissioner to conform with regulatory requirements including, but not limited to, those of Social Security and Medicare.  In no event may those amendments abridge the substantive rights of the parties as listed in the previously approved Settlement Contract.

(Source:  Amended at 40 Ill. Reg. 15775, effective November 9, 2016)