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Public Act 102-0910 |
HB1208 Enrolled | LRB102 03224 KTG 13237 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Workers' Compensation Act is amended by |
changing Sections 4a-2, 4a-4, 4a-5, 4a-6.1, 4a-7, 13, and 14 |
as follows:
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(820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
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Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
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(a) "Board" means the Self-Insurers Advisory Board created |
by Section 4a-1.
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(b) "Chairman" means the Chairman of the Illinois Workers' |
Compensation Commission.
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(c) "Private self-insurer" means a private employer that |
has been
authorized to self-insure its payment of workers' |
compensation benefits
pursuant to subsection (a) of Section 4 |
of this Act or to self-insure its
payment of occupational |
disease benefits pursuant to subsection (a) of
Section 4 of |
the Workers' Occupational Diseases Act but does not include
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group self-insured employers under Section 4a of this Act or |
Section 4a of
the Workers' Occupational Diseases Act or the |
State of Illinois, any
political subdivision of the State, |
unit of local government or school
district, or any other |
public authorities or quasi-governmental bodies
including any |
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subunits of the foregoing entities.
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(d) "Insolvent self-insurer" means a private self-insurer |
financially
unable to pay compensation due under this Act, |
which (i) has filed either prior
to or after the effective date |
of this Section or (ii) is the subject party
in any proceeding |
under the Federal Bankruptcy Reform Act of 1978, or is
the |
subject party in any proceeding in which a receiver, |
custodian,
liquidator, rehabilitator, sequestrator, trustee or |
similar officer has
been appointed by any Court to act in lieu |
of or on behalf of that self-insurer.
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(e) "Fund" means the Self-Insurers Security Fund |
established by Section 4a-5.
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(f) "Trustee" means a member of the Self-Insurers Advisory |
Board.
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(g) (Blank). "Self-Insurers Administration Fund" means the |
Fund established by Section 4a-6.1.
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(h) "Application fee" means the application fee provided |
for in Section 4a-4.
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(Source: P.A. 93-721, eff. 1-1-05.)
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(820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
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Sec. 4a-4.
The Self-Insurers Advisory Board shall possess |
all powers
necessary and convenient to accomplish the objects |
prescribed by this Act,
including but not limited to the |
following:
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(a) The Board shall make such bylaws, rules, regulations |
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and resolutions
as are necessary to carry out its |
responsibilities. The Board may carry
out its responsibilities |
directly or by contract or other instrument, and
may purchase |
such services and collect and borrow such funds as it deems
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necessary to effectuate its activities and protect the members |
of the Board
and its employees. The Board shall appoint, |
retain and employ such persons
as it deems necessary to |
achieve the purposes of the Board. The Chairman
shall be the |
chief administrative officer of the Board, and he or she shall
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have general supervisory authority over all employees of the |
Board. Designated
employees shall be subject to the Illinois |
Personnel Code. All expenses
incurred pursuant to this |
provision shall be paid from the Self-Insurers
Security |
Administration Fund. Each private self-insurer applying for |
self-insurance
and for renewal of the self-insurance privilege |
shall pay with its
application a non-refundable application |
fee in the amount of $500, which
shall be deposited upon |
receipt by the Commission into the Self-Insurers Security
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Administration Fund and used only for the purposes set forth |
in Sections 4a-1 through 4a-9 this
Section . An application fee |
shall be required of each corporation and each
and every |
corporate subsidiary.
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(b) The Board shall meet no less than quarterly and shall |
meet at other
times upon the call of the Chairman, issued to |
the Trustees in writing no less
than 48 hours prior to the day |
and hour of the meeting, or upon a request
for a meeting |
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presented in writing to the Chairman no less than 72 hours
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prior to the proposed day and hour of the meeting and signed by |
at least a
majority of the Trustees, whereupon the Chairman |
shall provide notice
issued in writing to the Trustees no less |
than 48 hours prior to the meeting
and shall convene the |
meeting at the time and place stated in the request.
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(c) Four Trustees shall constitute a quorum to transact |
business at any
meeting, and the affirmative vote of four |
Trustees shall be necessary for
any action taken by the Board. |
No vacancy shall otherwise impair the
rights of the remaining |
Trustees to exercise all of the powers of the Board.
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(d) The Board shall serve without compensation, but each |
member shall be
entitled to be reimbursed for necessary and |
actual expenses incurred in the
discharge of his official |
duties.
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(e) The Board shall have the right to sue and be sued in |
the name of the
Commission.
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(Source: P.A. 85-1385.)
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(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
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Sec. 4a-5. There is hereby created a Self-Insurers |
Security Fund. The State
Treasurer shall be the ex officio |
custodian of the Self-Insurers Security
Fund. Moneys in the |
Fund shall be deposited in a separate account in the
same |
manner as are State Funds and any interest accruing thereon |
shall be
added thereto every 6 months. It shall be subject to |
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audit the same as
State funds and accounts and shall be |
protected by the general bond given
by the State Treasurer. |
The funds in the Self-Insurers Security Fund shall
not be |
subject to appropriation and shall be made available for the
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purposes of compensating employees who are eligible to receive |
benefits
from their employers pursuant to the provisions of |
the Workers'
Compensation Act or Workers' Occupational |
Diseases Act, when, pursuant to
this Section, the Board has |
determined that a private self-insurer has
become an insolvent |
self-insurer and is unable to pay compensation benefits
due to |
financial insolvency. Moneys in the Fund may be used to |
compensate
any type of injury or occupational disease which is |
compensable under either
Act, and all claims for related |
administrative fees,
operating costs of the Board, attorney's |
fees, and other costs reasonably
incurred by the Board. Moneys |
At the discretion of the Chairman, moneys in the Self-Insurers |
Security Fund may also be used for paying the salaries and |
benefits of the Self-Insurers Advisory Board employees and the |
operating costs of the Board. Payment from the Self-Insurers |
Security Fund shall
be made by the Comptroller only upon the |
authorization of the Chairman as
evidenced by properly |
certified vouchers of the Commission, upon the
direction of |
the Board.
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(Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21.)
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(820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
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Sec. 4a-6.1.
There is hereby created a Self-Insurers |
Administration
Fund. The State Treasurer shall be the |
ex-officio custodian of the
Self-Insurers Administration Fund. |
Monies in the Self-Insurers
Administration Fund shall be |
deposited in a separate account in the same
manner as are State |
Funds, and any interest accruing thereon shall be added
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thereto every 6 months. It shall be subject to audit the same |
as State
funds and accounts and shall be protected by the |
general bond given by the
State Treasurer. The funds in the |
Self-Insurers Administration Fund shall
not be subject to |
appropriation and shall be made available only for paying
the |
salaries and benefits of the Self-Insurers Advisory Board |
employees and
the operating costs of the Board. Payment from |
the Self-Insurers
Administration Fund shall be made by the |
Comptroller only upon the
authorization of the Chairman as |
evidenced by properly certified vouchers
of the Commission. |
Notwithstanding any other provision of law, in addition to any |
other transfers that may be provided by law, on the effective |
date of this amendatory Act of the 102nd General Assembly, or |
as soon thereafter as practical, the State Comptroller shall |
direct and the State Treasurer shall transfer the remaining |
balance from the Self-Insurers Administration Fund into the |
Self-Insurers Security Fund. Upon completion of the transfers, |
the Self-Insurers Administration Fund is dissolved, and any |
future deposits due to the Self-Insurers Administration Fund |
and any outstanding obligations or liabilities of the |
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Self-Insurers Administration Fund pass to the Self-Insurers |
Security Fund.
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(Source: P.A. 85-1385.)
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(820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
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Sec. 4a-7. (a) The Commission may upon direction of the |
Board from time
to time assess each of the private |
self-insurers a pro rata share of the
funding reasonably |
necessary to carry out its activities under Sections 4a-1 |
through 4a-9 this
Section . The prorations shall be made on the |
basis of each self-insured's
most recent payment into the rate |
adjustment fund under Section 7(f) of
this Act. In no event |
shall a private self-insurer be assessed at one time
in excess |
of .6% of the compensation paid by that private self-insurer
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during the previous calendar year for claims incurred as a |
self-insurer.
Total assessments against it in any calendar |
year shall not exceed 1.2% of
the compensation it has paid |
during the previous calendar year as a
self-insurer for claims |
incurred. Funds obtained by such assessments shall
be used |
only for the purposes set forth in Sections 4a-1 through 4a-9 |
this Section , and shall be
deposited upon receipt by the |
Commission into the Self-Insurers Security
Fund. If payment of |
any assessment made under this subsection is not made
within |
30 days of the sending of the notice to the private |
self-insurer,
the Commission at the direction of the Board |
shall proceed in circuit court for
judgment against that |
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private self-insurer which judgment shall include the
amount |
of the assessment, the costs of suit, interest and reasonable |
attorneys' fees.
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(b) A private self-insurer which ceases to be a |
self-insurer shall be
liable for any and all assessments made |
pursuant to this Section during
the period following the date |
its certificate of authority to
self-insure is withdrawn, |
revoked or surrendered until such time as it
has discharged |
all obligations to pay compensation which arose during the
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period of time said former self-insurer was self-insured. |
Assessments of
such a former private self-insurer shall be |
based on the compensation paid
by the former private |
self-insurer during the preceding calendar year on
claims that |
arose during the period of time said former private
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self-insurer was self-insured.
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(c) The Board on behalf of the Commission shall annually |
contract for an
independent certified audit of the financial |
activities of the Fund, and an
annual report as of June 30 |
shall be submitted promptly by the Board to
the Chairman of the |
Illinois Workers' Compensation Commission and to each Trustee. |
Written
reports of all activities shall be submitted to the |
Commission by the Board
on a monthly basis.
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(d) If there are monies remaining in the Fund after all |
outstanding
obligations of all insolvent self-insurers have |
been satisfied and the
costs of administration and defense |
have been paid, such amounts shall be
returned by the |
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Commission from the Fund as directed by the Board to the
then |
private self-insurers in that proportion which each said |
private
self-insurer has contributed to the Fund one year |
thereafter, provided no
outstanding liabilities remain against |
the Fund.
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(e) Each private self-insurer shall be subject to the |
direction of the
Commission as provided in Sections 4a-1 |
through 4a-9 this Section as a condition of obtaining and
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maintaining its certificate of authority to self-insure.
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(Source: P.A. 93-721, eff. 1-1-05.)
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(820 ILCS 305/13) (from Ch. 48, par. 138.13)
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Sec. 13. There is created an Illinois Workers' |
Compensation Commission consisting of 10
members to be |
appointed by the Governor, by and with the consent of the
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Senate, 3 of whom shall be representative citizens of the
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employing class operating under this Act and 3 of whom shall
be |
from a labor organization recognized under the National Labor |
Relations Act or an attorney who has represented labor |
organizations or has represented employees in workers' |
compensation cases, and 4 of whom shall be representative |
citizens not identified
with either the employing or employee |
classes. Not more than 6 members
of the Commission shall be of |
the same political party. Each Commissioner appointed on or |
after the effective date of this amendatory Act of the 102nd |
General Assembly must be authorized to practice law in this |
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State by the Illinois Supreme Court and must maintain this |
authorization throughout his or her term of employment.
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One of the
members not identified with either the |
employing or employee classes shall
be designated by the |
Governor as Chairman. The Chairman shall be the chief
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administrative and executive officer of the Commission; and he |
or she shall
have general supervisory authority over all |
personnel of the Commission,
including arbitrators and |
Commissioners, and the final authority in all
administrative |
matters relating to the Commissioners, including but not
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limited to the assignment and distribution of cases and |
assignment of
Commissioners to the panels, except in the |
promulgation of procedural rules
and orders under Section 16 |
and in the determination of cases under this Act.
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Notwithstanding the general supervisory authority of the |
Chairman, each
Commissioner, except those assigned to the |
temporary panel, shall have the
authority to hire and |
supervise 2 staff attorneys each. Such staff attorneys
shall |
report directly to the individual Commissioner.
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A formal training program for newly-appointed |
Commissioners shall be
implemented. The training program shall |
include the following:
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(a) substantive and procedural aspects of the office |
of Commissioner;
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(b) current issues in workers' compensation law and |
practice;
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(c) medical lectures by specialists in areas such as |
orthopedics,
ophthalmology, psychiatry, rehabilitation |
counseling;
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(d) orientation to each operational unit of the |
Illinois Workers' Compensation Commission;
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(e) observation of experienced arbitrators and |
Commissioners conducting
hearings of cases, combined with |
the opportunity to discuss evidence
presented and rulings |
made;
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(f) the use of hypothetical cases requiring the |
newly-appointed
Commissioner to issue judgments as a means |
to evaluating knowledge and
writing ability;
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(g) writing skills;
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(h) professional and ethical standards pursuant to |
Section 1.1 of this Act; |
(i) detection of workers' compensation fraud and |
reporting obligations of Commission employees and |
appointees; |
(j) standards of evidence-based medical treatment and |
best practices for measuring and improving quality and |
health care outcomes in the workers' compensation system, |
including but not limited to the use of the American |
Medical Association's "Guides to the Evaluation of |
Permanent Impairment" and the practice of utilization |
review; and |
(k) substantive and procedural aspects of coal |
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workers' pneumoconiosis (black lung) cases. |
A formal and ongoing professional development program |
including, but not
limited to, the above-noted areas shall be |
implemented to keep
Commissioners informed of recent |
developments and issues and to assist them
in maintaining and |
enhancing their professional competence. Each Commissioner |
shall complete 20 hours of training in the above-noted areas |
during every 2 years such Commissioner shall remain in office.
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The Commissioner candidates, other than the Chairman, must |
meet one of
the following qualifications: (a) licensed to |
practice law in the State of
Illinois; or (b) served as an |
arbitrator at the Illinois Workers' Compensation
Commission |
for at least 3 years; or (c) has at least 4 years of
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professional labor relations experience. The Chairman |
candidate must have
public or private sector management and |
budget experience, as determined
by the Governor.
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Each Commissioner shall devote full time to his duties and |
any
Commissioner who is an attorney-at-law shall not engage in |
the practice
of law, nor shall any Commissioner hold any other |
office or position of
profit under the United States or this |
State or any municipal
corporation or political subdivision of |
this State, nor engage in any other
business, employment, or |
vocation.
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The term of office of each member of the Commission |
holding office on
the effective date of this amendatory Act of |
1989 is abolished, but
the incumbents shall continue to |
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exercise all of the powers and be subject
to all of the duties |
of Commissioners until their respective successors are
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appointed and qualified.
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The Illinois Workers' Compensation Commission shall |
administer this Act.
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In the promulgation of procedural rules, the determination |
of cases heard en banc, and other matters determined by the |
full Commission, the Chairman's vote shall break a tie in the |
event of a tie vote.
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The members shall be appointed by the Governor, with the |
advice and
consent of the Senate, as follows:
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(a) After the effective date of this amendatory Act of |
1989, 3
members, at least one of
each political party, and |
one of whom shall be a representative citizen
of the |
employing class operating under this Act, one of whom |
shall be
a representative citizen of the class of |
employees covered under this
Act, and one of whom shall be |
a representative citizen not identified
with either the |
employing or employee classes, shall be appointed
to hold |
office until the third Monday in January of 1993, and |
until their
successors are appointed and qualified, and 4 |
members, one of whom shall be
a representative citizen of |
the employing class operating under this Act,
one of whom |
shall be a representative citizen of the class of |
employees
covered in this Act, and two of whom shall be |
representative citizens not
identified with either the |
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employing or employee classes, one of whom shall
be |
designated by the Governor as Chairman (at least one of |
each of the two
major political parties) shall be |
appointed to hold office until the third
Monday of January |
in 1991, and until their successors are appointed and
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qualified.
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(a-5) Notwithstanding any other provision of this |
Section,
the term of each member of the Commission
who was |
appointed by the Governor and is in office on June 30, 2003 |
shall
terminate at the close of business on that date or |
when all of the successor
members to be appointed pursuant |
to this amendatory Act of the 93rd General
Assembly have |
been appointed by the Governor, whichever occurs later. As |
soon
as possible, the Governor shall appoint persons to |
fill the vacancies created
by this amendatory Act. Of the |
initial commissioners appointed pursuant to
this |
amendatory Act of the 93rd General Assembly, 3 shall be |
appointed for
terms ending on the third Monday in January, |
2005, and 4 shall be appointed
for terms ending on the |
third Monday in January, 2007.
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(a-10) After the effective date of this amendatory Act |
of the 94th General Assembly, the Commission shall be |
increased to 10 members. As soon as possible after the |
effective date of this amendatory Act of the 94th General |
Assembly, the Governor shall appoint, by and with the |
consent of the
Senate, the 3 members added to the |
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Commission under this amendatory Act of the 94th General |
Assembly, one of whom shall be a representative citizen of |
the employing class operating under this Act, one of whom |
shall be a representative of the class of employees |
covered under this Act, and one of whom shall be a |
representative citizen not identified with either the |
employing or employee classes. Of the members appointed |
under this amendatory Act of the 94th General Assembly, |
one shall be appointed for a term ending on the third |
Monday in January, 2007, and 2 shall be appointed for |
terms ending on the third Monday in January, 2009, and |
until their successors are appointed and qualified.
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(b) Members shall thereafter be appointed to hold |
office for terms of 4
years from the third Monday in |
January of the year of their appointment,
and until their |
successors are appointed and qualified. All such
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appointments shall be made so that the composition of the |
Commission is in
accordance with the provisions of the |
first paragraph of this Section.
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Each Commissioner shall receive an annual salary equal to |
70% of that of a Circuit Court Judge in the Judicial Circuit |
constituted by the First Judicial District under the Salaries |
Act; the Chairman shall receive an annual salary of 5% more |
than the other Commissioners.
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In case of a vacancy in the office of a Commissioner during |
the
recess of the Senate, the Governor shall make a temporary |
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appointment
until the next meeting of the Senate, when he |
shall nominate some person
to fill such office. Any person so |
nominated who is confirmed by the
Senate shall hold office |
during the remainder of the term and until his
successor is |
appointed and qualified.
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The Illinois Workers' Compensation Commission created by |
this amendatory Act of 1989
shall succeed to all the rights, |
powers, duties, obligations, records
and other property and |
employees of the Industrial Commission which it
replaces as |
modified by this amendatory Act of 1989 and all applications
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and reports to actions and proceedings of such prior |
Industrial Commission
shall be considered as applications and |
reports to actions and proceedings
of the Illinois Workers' |
Compensation Commission created by this amendatory Act of |
1989.
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Notwithstanding any other provision of this Act, in the |
event the
Chairman shall make a finding that a member is or |
will be unavailable to
fulfill the responsibilities of his or |
her office, the Chairman shall
advise the Governor and the |
member in writing and shall designate a
certified arbitrator |
to serve as acting Commissioner. The certified
arbitrator |
shall act as a Commissioner until the member resumes the |
duties
of his or her office or until a new member is appointed |
by the Governor, by
and with the consent of the Senate, if a |
vacancy occurs in the office of
the Commissioner, but in no |
event shall a certified arbitrator serve in the
capacity of |
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Commissioner for more than 6 months from the date of
|
appointment by the Chairman. A finding by the Chairman that a |
member is or
will be unavailable to fulfill the |
responsibilities of his or her office
shall be based upon |
notice to the Chairman by a member that he or she will
be |
unavailable or facts and circumstances made known to the |
Chairman which
lead him to reasonably find that a member is |
unavailable to fulfill the
responsibilities of his or her |
office. The designation of a certified
arbitrator to act as a |
Commissioner shall be considered representative of
citizens |
not identified with either the employing or employee classes |
and
the arbitrator shall serve regardless of his or her |
political affiliation.
A certified arbitrator who serves as an |
acting Commissioner shall have all
the rights and powers of a |
Commissioner, including salary.
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Notwithstanding any other provision of this Act, the |
Governor shall appoint
a special panel of Commissioners |
comprised of 3 members who shall be chosen
by the Governor, by |
and with the consent of the Senate, from among the
current |
ranks of certified arbitrators. Three members shall hold |
office
until the Commission in consultation with the Governor |
determines that the
caseload on review has been reduced |
sufficiently to allow cases to proceed
in a timely manner or |
for a term of 18 months from the effective date of
their |
appointment by the Governor, whichever shall be earlier. The 3
|
members shall be considered representative of citizens not |
|
identified with
either the employing or employee classes and |
shall serve regardless of
political affiliation. Each of the 3 |
members shall have only such rights
and powers of a |
Commissioner necessary to dispose of those cases assigned
to |
the special panel. Each of the 3 members appointed to the |
special panel
shall receive the same salary as other |
Commissioners for the duration of
the panel.
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The Commission may have an Executive Director; if so, the |
Executive
Director shall be appointed by the Governor with the |
advice and consent of the
Senate. The salary and duties of the |
Executive Director shall be fixed by the
Commission.
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On the effective date of this amendatory Act of
the 93rd |
General Assembly, the name of the Industrial Commission is |
changed to the Illinois Workers' Compensation Commission. |
References in any law, appropriation, rule, form, or other
|
document: (i) to the Industrial Commission
are deemed, in |
appropriate contexts, to be references to the Illinois |
Workers' Compensation Commission for all purposes; (ii) to the |
Industrial Commission Operations Fund
are deemed, in |
appropriate contexts, to be references to the Illinois |
Workers' Compensation Commission Operations Fund for all |
purposes; (iii) to the Industrial Commission Operations Fund |
Fee are deemed, in appropriate contexts, to be
references to |
the Illinois Workers' Compensation Commission Operations Fund |
Fee for all
purposes; and (iv) to the Industrial Commission |
Operations Fund Surcharge are deemed, in appropriate contexts, |
|
to be
references to the Illinois Workers' Compensation |
Commission Operations Fund Surcharge for all
purposes. |
(Source: P.A. 101-384, eff. 1-1-20; 102-16, eff. 6-17-21.)
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(820 ILCS 305/14) (from Ch. 48, par. 138.14)
|
Sec. 14. The Commission shall appoint a secretary and , an |
assistant
secretary , and arbitrators and shall employ such
|
assistants and clerical help as may be necessary. Arbitrators |
shall be appointed pursuant to this Section, notwithstanding |
any provision of the Personnel Code.
|
Each arbitrator appointed after June 28, 2011 shall be |
required
to demonstrate in writing his or
her knowledge of and |
expertise in the law of and judicial processes of
the Workers' |
Compensation Act and the Workers' Occupational Diseases Act.
|
A formal training program for newly-hired arbitrators |
shall be
implemented. The training program shall include the |
following:
|
(a) substantive and procedural aspects of the |
arbitrator position;
|
(b) current issues in workers' compensation law and |
practice;
|
(c) medical lectures by specialists in areas such as |
orthopedics,
ophthalmology, psychiatry, rehabilitation |
counseling;
|
(d) orientation to each operational unit of the |
Illinois Workers' Compensation Commission;
|
|
(e) observation of experienced arbitrators conducting |
hearings of cases,
combined with the opportunity to |
discuss evidence presented and rulings made;
|
(f) the use of hypothetical cases requiring the |
trainee to issue
judgments as a means to evaluating |
knowledge and writing ability;
|
(g) writing skills;
|
(h) professional and ethical standards pursuant to |
Section 1.1 of this Act; |
(i) detection of workers' compensation fraud and |
reporting obligations of Commission employees and |
appointees; |
(j) standards of evidence-based medical treatment and |
best practices for measuring and improving quality and |
health care outcomes in the workers' compensation system, |
including but not limited to the use of the American |
Medical Association's "Guides to the Evaluation of |
Permanent Impairment" and the practice of utilization |
review; and |
(k) substantive and procedural aspects of coal |
workers' pneumoconiosis (black lung) cases. |
A formal and ongoing professional development program |
including, but not
limited to, the above-noted areas shall be |
implemented to keep arbitrators
informed of recent |
developments and issues and to assist them in
maintaining and |
enhancing their professional competence. Each arbitrator shall |
|
complete 20 hours of training in the above-noted areas during |
every 2 years such arbitrator shall remain in office.
|
Each
arbitrator shall devote full time to his or her |
duties and shall serve when
assigned as
an acting Commissioner |
when a Commissioner is unavailable in accordance
with the |
provisions of Section 13 of this Act. Any
arbitrator who is an |
attorney-at-law shall not engage in the practice of
law, nor |
shall any arbitrator hold any other office or position of
|
profit under the United States or this State or any municipal
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corporation or political subdivision of this State.
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Notwithstanding any other provision of this Act to the |
contrary, an arbitrator
who serves as an acting Commissioner |
in accordance with the provisions of
Section 13 of this Act |
shall continue to serve in the capacity of Commissioner
until |
a decision is reached in every case heard by that arbitrator |
while
serving as an acting Commissioner.
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Notwithstanding any other provision of this Section, the |
term of all arbitrators serving on June 28, 2011 (the |
effective date of Public Act 97-18), including any arbitrators |
on administrative leave, shall terminate at the close of |
business on July 1, 2011, but the incumbents shall continue to |
exercise all of their duties until they are reappointed or |
their successors are appointed. |
On and after June 28, 2011 (the effective date of Public |
Act 97-18), arbitrators shall be appointed to 3-year terms as |
follows: |
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(1) All appointments shall be made by the Governor |
with the advice and consent of the Senate. |
(2) For their initial appointments, 12 arbitrators |
shall be appointed to terms expiring July 1, 2012; 12 |
arbitrators shall be appointed to terms expiring July 1, |
2013; and all additional arbitrators shall be appointed to |
terms expiring July 1, 2014. Thereafter, all arbitrators |
shall be appointed to 3-year terms. |
Upon the expiration of a term, the Chairman shall evaluate |
the performance of the arbitrator and may recommend to the |
Governor that he or she be reappointed to a second or |
subsequent term by the Governor with the advice and consent of |
the Senate. |
Each arbitrator appointed on or after June 28, 2011 (the |
effective date of Public Act 97-18) and who has not previously |
served as an arbitrator for the Commission shall be required |
to be authorized to practice law in this State by the Supreme |
Court, and to maintain this authorization throughout his or |
her term of employment.
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The performance of all arbitrators shall be reviewed by |
the Chairman every other year, or more often at the discretion |
of the Chairman on
an annual basis . The Chairman shall allow |
input from the Commissioners in
all such reviews.
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The Commission shall assign no fewer than 3 arbitrators to |
each hearing site. The Commission shall establish a procedure |
to ensure that the arbitrators assigned to each hearing site |
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are assigned cases on a random basis. No arbitrator shall hear |
cases in any county, other than Cook County, for more than 4 2 |
years consecutively in each 3-year term . |
The Secretary and each arbitrator shall receive a per |
annum salary of
5% less than the per annum salary of members of |
The
Illinois Workers' Compensation Commission as
provided in |
Section 13 of this Act, payable in equal monthly installments.
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The members of the Commission, Arbitrators and other |
employees whose
duties require them to travel, shall have |
reimbursed to them their
actual traveling expenses and |
disbursements made or incurred by them in
the discharge of |
their official duties while away from their place of
residence |
in the performance of their duties.
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The Commission shall provide itself with a seal for the
|
authentication of its orders, awards and proceedings upon |
which shall be
inscribed the name of the Commission and the |
words "Illinois--Seal".
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The Secretary or Assistant Secretary, under the direction |
of the
Commission, shall have charge and custody of the seal of |
the Commission
and also have charge and custody of all |
records, files, orders,
proceedings, decisions, awards and |
other documents on file with the
Commission. He shall furnish |
certified copies, under the seal of the
Commission, of any |
such records, files, orders, proceedings, decisions,
awards |
and other documents on file with the Commission as may be
|
required. Certified copies so furnished by the Secretary or |
|
Assistant
Secretary shall be received in evidence before the |
Commission or any
Arbitrator thereof, and in all courts, |
provided that the original of
such certified copy is otherwise |
competent and admissible in evidence.
The Secretary or |
Assistant Secretary shall perform such other duties as
may be |
prescribed from time to time by the Commission.
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(Source: P.A. 102-16, eff. 6-17-21.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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