Section 9100.80  Administration of Claims Against the Self-Insured Employers Liability Fund

a)         Upon the determination of any party in interest or on its own motion, the Commission shall hold a hearing or hearings to determine whether the following events have occurred:

1)         the Commission pursuant to 50 Ill. Adm. Code 9100.60(a)(1)-(4) has held a hearing and has determined that the self insured employer is unable to pay compensation and medical expenses provided under the Workers' Compensation Act;

2)         penal sum of the surety bond, indemnity or securities have been exhausted;

3)         judgment have been rendered against the self-insured employer in accordance with Section 19(g) on or after the effective date of this Section, December 16, 1983;

4)         execution has been levied against the self-insured employer and has been returned unsatisfied in whole or in part; and if so, the amounts of compensation and medical expenses which remain unpaid from time to time to persons who have filed unsatisfied judgments against the insolvent self-insured employer.  Upon the determination by the Commission of the extent of the insolvent self-insured employer's outstanding liability, the Commission shall issue an initial order of assessment within 30 days against each employer who has been granted authority to self insure under Section 4(a) of the Workers' Compensation Act which will be paid into the Self-Insured Employers Liability Fund.  The order shall provide for a sum sufficient to secure estimated payments of compensation, medical expenses and administrative charges of the fund for a period of one year following the date of the order; and

b)         When it is determined by the Commission that compensation due and owing will extend beyond one year the Commission shall issue an order for further assessment of each self-insured employer payable within 30 days in order to secure payment of compensation, medical expenses and administrative charges from the Self-Insured Employers Liability Fund.

(Source:  Added at 9 Ill. Reg. 3705, effective March 12, 1985)