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Rep. Jay Hoffman
Filed: 2/28/2022
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1 | | AMENDMENT TO HOUSE BILL 1208
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2 | | AMENDMENT NO. ______. Amend House Bill 1208 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Workers' Compensation Act is amended by |
5 | | changing Sections 4a-2, 4a-4, 4a-5, 4a-6.1, 4a-7, 13, and 14 |
6 | | as follows:
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7 | | (820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
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8 | | Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
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9 | | (a) "Board" means the Self-Insurers Advisory Board created |
10 | | by Section 4a-1.
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11 | | (b) "Chairman" means the Chairman of the Illinois Workers' |
12 | | Compensation Commission.
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13 | | (c) "Private self-insurer" means a private employer that |
14 | | has been
authorized to self-insure its payment of workers' |
15 | | compensation benefits
pursuant to subsection (a) of Section 4 |
16 | | of this Act or to self-insure its
payment of occupational |
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1 | | disease benefits pursuant to subsection (a) of
Section 4 of |
2 | | the Workers' Occupational Diseases Act but does not include
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3 | | group self-insured employers under Section 4a of this Act or |
4 | | Section 4a of
the Workers' Occupational Diseases Act or the |
5 | | State of Illinois, any
political subdivision of the State, |
6 | | unit of local government or school
district, or any other |
7 | | public authorities or quasi-governmental bodies
including any |
8 | | subunits of the foregoing entities.
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9 | | (d) "Insolvent self-insurer" means a private self-insurer |
10 | | financially
unable to pay compensation due under this Act, |
11 | | which (i) has filed either prior
to or after the effective date |
12 | | of this Section or (ii) is the subject party
in any proceeding |
13 | | under the Federal Bankruptcy Reform Act of 1978, or is
the |
14 | | subject party in any proceeding in which a receiver, |
15 | | custodian,
liquidator, rehabilitator, sequestrator, trustee or |
16 | | similar officer has
been appointed by any Court to act in lieu |
17 | | of or on behalf of that self-insurer.
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18 | | (e) "Fund" means the Self-Insurers Security Fund |
19 | | established by Section 4a-5.
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20 | | (f) "Trustee" means a member of the Self-Insurers Advisory |
21 | | Board.
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22 | | (g) (Blank). "Self-Insurers Administration Fund" means the |
23 | | Fund established by Section 4a-6.1.
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24 | | (h) "Application fee" means the application fee provided |
25 | | for in Section 4a-4.
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26 | | (Source: P.A. 93-721, eff. 1-1-05.)
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1 | | (820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
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2 | | Sec. 4a-4.
The Self-Insurers Advisory Board shall possess |
3 | | all powers
necessary and convenient to accomplish the objects |
4 | | prescribed by this Act,
including but not limited to the |
5 | | following:
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6 | | (a) The Board shall make such bylaws, rules, regulations |
7 | | and resolutions
as are necessary to carry out its |
8 | | responsibilities. The Board may carry
out its responsibilities |
9 | | directly or by contract or other instrument, and
may purchase |
10 | | such services and collect and borrow such funds as it deems
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11 | | necessary to effectuate its activities and protect the members |
12 | | of the Board
and its employees. The Board shall appoint, |
13 | | retain and employ such persons
as it deems necessary to |
14 | | achieve the purposes of the Board. The Chairman
shall be the |
15 | | chief administrative officer of the Board, and he or she shall
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16 | | have general supervisory authority over all employees of the |
17 | | Board. Designated
employees shall be subject to the Illinois |
18 | | Personnel Code. All expenses
incurred pursuant to this |
19 | | provision shall be paid from the Self-Insurers
Security |
20 | | Administration Fund. Each private self-insurer applying for |
21 | | self-insurance
and for renewal of the self-insurance privilege |
22 | | shall pay with its
application a non-refundable application |
23 | | fee in the amount of $500, which
shall be deposited upon |
24 | | receipt by the Commission into the Self-Insurers Security
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25 | | Administration Fund and used only for the purposes set forth |
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1 | | in Sections 4a-1 through 4a-9 this
Section . An application fee |
2 | | shall be required of each corporation and each
and every |
3 | | corporate subsidiary.
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4 | | (b) The Board shall meet no less than quarterly and shall |
5 | | meet at other
times upon the call of the Chairman, issued to |
6 | | the Trustees in writing no less
than 48 hours prior to the day |
7 | | and hour of the meeting, or upon a request
for a meeting |
8 | | presented in writing to the Chairman no less than 72 hours
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9 | | prior to the proposed day and hour of the meeting and signed by |
10 | | at least a
majority of the Trustees, whereupon the Chairman |
11 | | shall provide notice
issued in writing to the Trustees no less |
12 | | than 48 hours prior to the meeting
and shall convene the |
13 | | meeting at the time and place stated in the request.
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14 | | (c) Four Trustees shall constitute a quorum to transact |
15 | | business at any
meeting, and the affirmative vote of four |
16 | | Trustees shall be necessary for
any action taken by the Board. |
17 | | No vacancy shall otherwise impair the
rights of the remaining |
18 | | Trustees to exercise all of the powers of the Board.
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19 | | (d) The Board shall serve without compensation, but each |
20 | | member shall be
entitled to be reimbursed for necessary and |
21 | | actual expenses incurred in the
discharge of his official |
22 | | duties.
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23 | | (e) The Board shall have the right to sue and be sued in |
24 | | the name of the
Commission.
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25 | | (Source: P.A. 85-1385.)
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1 | | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
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2 | | Sec. 4a-5. There is hereby created a Self-Insurers |
3 | | Security Fund. The State
Treasurer shall be the ex officio |
4 | | custodian of the Self-Insurers Security
Fund. Moneys in the |
5 | | Fund shall be deposited in a separate account in the
same |
6 | | manner as are State Funds and any interest accruing thereon |
7 | | shall be
added thereto every 6 months. It shall be subject to |
8 | | audit the same as
State funds and accounts and shall be |
9 | | protected by the general bond given
by the State Treasurer. |
10 | | The funds in the Self-Insurers Security Fund shall
not be |
11 | | subject to appropriation and shall be made available for the
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12 | | purposes of compensating employees who are eligible to receive |
13 | | benefits
from their employers pursuant to the provisions of |
14 | | the Workers'
Compensation Act or Workers' Occupational |
15 | | Diseases Act, when, pursuant to
this Section, the Board has |
16 | | determined that a private self-insurer has
become an insolvent |
17 | | self-insurer and is unable to pay compensation benefits
due to |
18 | | financial insolvency. Moneys in the Fund may be used to |
19 | | compensate
any type of injury or occupational disease which is |
20 | | compensable under either
Act, and all claims for related |
21 | | administrative fees,
operating costs of the Board, attorney's |
22 | | fees, and other costs reasonably
incurred by the Board. Moneys |
23 | | At the discretion of the Chairman, moneys in the Self-Insurers |
24 | | Security Fund may also be used for paying the salaries and |
25 | | benefits of the Self-Insurers Advisory Board employees and the |
26 | | operating costs of the Board. Payment from the Self-Insurers |
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1 | | Security Fund shall
be made by the Comptroller only upon the |
2 | | authorization of the Chairman as
evidenced by properly |
3 | | certified vouchers of the Commission, upon the
direction of |
4 | | the Board.
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5 | | (Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21.)
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6 | | (820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
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7 | | Sec. 4a-6.1.
There is hereby created a Self-Insurers |
8 | | Administration
Fund. The State Treasurer shall be the |
9 | | ex-officio custodian of the
Self-Insurers Administration Fund. |
10 | | Monies in the Self-Insurers
Administration Fund shall be |
11 | | deposited in a separate account in the same
manner as are State |
12 | | Funds, and any interest accruing thereon shall be added
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13 | | thereto every 6 months. It shall be subject to audit the same |
14 | | as State
funds and accounts and shall be protected by the |
15 | | general bond given by the
State Treasurer. The funds in the |
16 | | Self-Insurers Administration Fund shall
not be subject to |
17 | | appropriation and shall be made available only for paying
the |
18 | | salaries and benefits of the Self-Insurers Advisory Board |
19 | | employees and
the operating costs of the Board. Payment from |
20 | | the Self-Insurers
Administration Fund shall be made by the |
21 | | Comptroller only upon the
authorization of the Chairman as |
22 | | evidenced by properly certified vouchers
of the Commission. |
23 | | Within 60 days after the effective date of this amendatory Act |
24 | | of the 102nd General Assembly, the Secretary of the Commission |
25 | | shall transfer all remaining funds to the Self-Insurers |
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1 | | Security Fund for use consistent with the provisions of |
2 | | Section 4a-5. Prior to July 1, 2022, the State Treasurer shall |
3 | | dissolve the Self-Insurers Administration Fund and close any |
4 | | related accounts.
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5 | | (Source: P.A. 85-1385.)
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6 | | (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
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7 | | Sec. 4a-7. (a) The Commission may upon direction of the |
8 | | Board from time
to time assess each of the private |
9 | | self-insurers a pro rata share of the
funding reasonably |
10 | | necessary to carry out its activities under Sections 4a-1 |
11 | | through 4a-9 this
Section . The prorations shall be made on the |
12 | | basis of each self-insured's
most recent payment into the rate |
13 | | adjustment fund under Section 7(f) of
this Act. In no event |
14 | | shall a private self-insurer be assessed at one time
in excess |
15 | | of .6% of the compensation paid by that private self-insurer
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16 | | during the previous calendar year for claims incurred as a |
17 | | self-insurer.
Total assessments against it in any calendar |
18 | | year shall not exceed 1.2% of
the compensation it has paid |
19 | | during the previous calendar year as a
self-insurer for claims |
20 | | incurred. Funds obtained by such assessments shall
be used |
21 | | only for the purposes set forth in Sections 4a-1 through 4a-9 |
22 | | this Section , and shall be
deposited upon receipt by the |
23 | | Commission into the Self-Insurers Security
Fund. If payment of |
24 | | any assessment made under this subsection is not made
within |
25 | | 30 days of the sending of the notice to the private |
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1 | | self-insurer,
the Commission at the direction of the Board |
2 | | shall proceed in circuit court for
judgment against that |
3 | | private self-insurer which judgment shall include the
amount |
4 | | of the assessment, the costs of suit, interest and reasonable |
5 | | attorneys' fees.
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6 | | (b) A private self-insurer which ceases to be a |
7 | | self-insurer shall be
liable for any and all assessments made |
8 | | pursuant to this Section during
the period following the date |
9 | | its certificate of authority to
self-insure is withdrawn, |
10 | | revoked or surrendered until such time as it
has discharged |
11 | | all obligations to pay compensation which arose during the
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12 | | period of time said former self-insurer was self-insured. |
13 | | Assessments of
such a former private self-insurer shall be |
14 | | based on the compensation paid
by the former private |
15 | | self-insurer during the preceding calendar year on
claims that |
16 | | arose during the period of time said former private
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17 | | self-insurer was self-insured.
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18 | | (c) The Board on behalf of the Commission shall annually |
19 | | contract for an
independent certified audit of the financial |
20 | | activities of the Fund, and an
annual report as of June 30 |
21 | | shall be submitted promptly by the Board to
the Chairman of the |
22 | | Illinois Workers' Compensation Commission and to each Trustee. |
23 | | Written
reports of all activities shall be submitted to the |
24 | | Commission by the Board
on a monthly basis.
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25 | | (d) If there are monies remaining in the Fund after all |
26 | | outstanding
obligations of all insolvent self-insurers have |
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1 | | been satisfied and the
costs of administration and defense |
2 | | have been paid, such amounts shall be
returned by the |
3 | | Commission from the Fund as directed by the Board to the
then |
4 | | private self-insurers in that proportion which each said |
5 | | private
self-insurer has contributed to the Fund one year |
6 | | thereafter, provided no
outstanding liabilities remain against |
7 | | the Fund.
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8 | | (e) Each private self-insurer shall be subject to the |
9 | | direction of the
Commission as provided in Sections 4a-1 |
10 | | through 4a-9 this Section as a condition of obtaining and
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11 | | maintaining its certificate of authority to self-insure.
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12 | | (Source: P.A. 93-721, eff. 1-1-05.)
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13 | | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
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14 | | Sec. 13. There is created an Illinois Workers' |
15 | | Compensation Commission consisting of 10
members to be |
16 | | appointed by the Governor, by and with the consent of the
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17 | | Senate, 3 of whom shall be representative citizens of the
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18 | | employing class operating under this Act and 3 of whom shall
be |
19 | | from a labor organization recognized under the National Labor |
20 | | Relations Act or an attorney who has represented labor |
21 | | organizations or has represented employees in workers' |
22 | | compensation cases, and 4 of whom shall be representative |
23 | | citizens not identified
with either the employing or employee |
24 | | classes. Not more than 6 members
of the Commission shall be of |
25 | | the same political party. Each Commissioner appointed on or |
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1 | | after the effective date of this amendatory Act of the 102nd |
2 | | General Assembly must be authorized to practice law in this |
3 | | State by the Illinois Supreme Court and must maintain this |
4 | | authorization throughout his or her term of employment.
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5 | | One of the
members not identified with either the |
6 | | employing or employee classes shall
be designated by the |
7 | | Governor as Chairman. The Chairman shall be the chief
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8 | | administrative and executive officer of the Commission; and he |
9 | | or she shall
have general supervisory authority over all |
10 | | personnel of the Commission,
including arbitrators and |
11 | | Commissioners, and the final authority in all
administrative |
12 | | matters relating to the Commissioners, including but not
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13 | | limited to the assignment and distribution of cases and |
14 | | assignment of
Commissioners to the panels, except in the |
15 | | promulgation of procedural rules
and orders under Section 16 |
16 | | and in the determination of cases under this Act.
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17 | | Notwithstanding the general supervisory authority of the |
18 | | Chairman, each
Commissioner, except those assigned to the |
19 | | temporary panel, shall have the
authority to hire and |
20 | | supervise 2 staff attorneys each. Such staff attorneys
shall |
21 | | report directly to the individual Commissioner.
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22 | | A formal training program for newly-appointed |
23 | | Commissioners shall be
implemented. The training program shall |
24 | | include the following:
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25 | | (a) substantive and procedural aspects of the office |
26 | | of Commissioner;
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1 | | (b) current issues in workers' compensation law and |
2 | | practice;
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3 | | (c) medical lectures by specialists in areas such as |
4 | | orthopedics,
ophthalmology, psychiatry, rehabilitation |
5 | | counseling;
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6 | | (d) orientation to each operational unit of the |
7 | | Illinois Workers' Compensation Commission;
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8 | | (e) observation of experienced arbitrators and |
9 | | Commissioners conducting
hearings of cases, combined with |
10 | | the opportunity to discuss evidence
presented and rulings |
11 | | made;
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12 | | (f) the use of hypothetical cases requiring the |
13 | | newly-appointed
Commissioner to issue judgments as a means |
14 | | to evaluating knowledge and
writing ability;
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15 | | (g) writing skills;
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16 | | (h) professional and ethical standards pursuant to |
17 | | Section 1.1 of this Act; |
18 | | (i) detection of workers' compensation fraud and |
19 | | reporting obligations of Commission employees and |
20 | | appointees; |
21 | | (j) standards of evidence-based medical treatment and |
22 | | best practices for measuring and improving quality and |
23 | | health care outcomes in the workers' compensation system, |
24 | | including but not limited to the use of the American |
25 | | Medical Association's "Guides to the Evaluation of |
26 | | Permanent Impairment" and the practice of utilization |
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1 | | review; and |
2 | | (k) substantive and procedural aspects of coal |
3 | | workers' pneumoconiosis (black lung) cases. |
4 | | A formal and ongoing professional development program |
5 | | including, but not
limited to, the above-noted areas shall be |
6 | | implemented to keep
Commissioners informed of recent |
7 | | developments and issues and to assist them
in maintaining and |
8 | | enhancing their professional competence. Each Commissioner |
9 | | shall complete 20 hours of training in the above-noted areas |
10 | | during every 2 years such Commissioner shall remain in office.
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11 | | The Commissioner candidates, other than the Chairman, must |
12 | | meet one of
the following qualifications: (a) licensed to |
13 | | practice law in the State of
Illinois; or (b) served as an |
14 | | arbitrator at the Illinois Workers' Compensation
Commission |
15 | | for at least 3 years; or (c) has at least 4 years of
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16 | | professional labor relations experience. The Chairman |
17 | | candidate must have
public or private sector management and |
18 | | budget experience, as determined
by the Governor.
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19 | | Each Commissioner shall devote full time to his duties and |
20 | | any
Commissioner who is an attorney-at-law shall not engage in |
21 | | the practice
of law, nor shall any Commissioner hold any other |
22 | | office or position of
profit under the United States or this |
23 | | State or any municipal
corporation or political subdivision of |
24 | | this State, nor engage in any other
business, employment, or |
25 | | vocation.
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26 | | The term of office of each member of the Commission |
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1 | | holding office on
the effective date of this amendatory Act of |
2 | | 1989 is abolished, but
the incumbents shall continue to |
3 | | exercise all of the powers and be subject
to all of the duties |
4 | | of Commissioners until their respective successors are
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5 | | appointed and qualified.
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6 | | The Illinois Workers' Compensation Commission shall |
7 | | administer this Act.
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8 | | In the promulgation of procedural rules, the determination |
9 | | of cases heard en banc, and other matters determined by the |
10 | | full Commission, the Chairman's vote shall break a tie in the |
11 | | event of a tie vote.
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12 | | The members shall be appointed by the Governor, with the |
13 | | advice and
consent of the Senate, as follows:
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14 | | (a) After the effective date of this amendatory Act of |
15 | | 1989, 3
members, at least one of
each political party, and |
16 | | one of whom shall be a representative citizen
of the |
17 | | employing class operating under this Act, one of whom |
18 | | shall be
a representative citizen of the class of |
19 | | employees covered under this
Act, and one of whom shall be |
20 | | a representative citizen not identified
with either the |
21 | | employing or employee classes, shall be appointed
to hold |
22 | | office until the third Monday in January of 1993, and |
23 | | until their
successors are appointed and qualified, and 4 |
24 | | members, one of whom shall be
a representative citizen of |
25 | | the employing class operating under this Act,
one of whom |
26 | | shall be a representative citizen of the class of |
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1 | | employees
covered in this Act, and two of whom shall be |
2 | | representative citizens not
identified with either the |
3 | | employing or employee classes, one of whom shall
be |
4 | | designated by the Governor as Chairman (at least one of |
5 | | each of the two
major political parties) shall be |
6 | | appointed to hold office until the third
Monday of January |
7 | | in 1991, and until their successors are appointed and
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8 | | qualified.
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9 | | (a-5) Notwithstanding any other provision of this |
10 | | Section,
the term of each member of the Commission
who was |
11 | | appointed by the Governor and is in office on June 30, 2003 |
12 | | shall
terminate at the close of business on that date or |
13 | | when all of the successor
members to be appointed pursuant |
14 | | to this amendatory Act of the 93rd General
Assembly have |
15 | | been appointed by the Governor, whichever occurs later. As |
16 | | soon
as possible, the Governor shall appoint persons to |
17 | | fill the vacancies created
by this amendatory Act. Of the |
18 | | initial commissioners appointed pursuant to
this |
19 | | amendatory Act of the 93rd General Assembly, 3 shall be |
20 | | appointed for
terms ending on the third Monday in January, |
21 | | 2005, and 4 shall be appointed
for terms ending on the |
22 | | third Monday in January, 2007.
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23 | | (a-10) After the effective date of this amendatory Act |
24 | | of the 94th General Assembly, the Commission shall be |
25 | | increased to 10 members. As soon as possible after the |
26 | | effective date of this amendatory Act of the 94th General |
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1 | | Assembly, the Governor shall appoint, by and with the |
2 | | consent of the
Senate, the 3 members added to the |
3 | | Commission under this amendatory Act of the 94th General |
4 | | Assembly, one of whom shall be a representative citizen of |
5 | | the employing class operating under this Act, one of whom |
6 | | shall be a representative of the class of employees |
7 | | covered under this Act, and one of whom shall be a |
8 | | representative citizen not identified with either the |
9 | | employing or employee classes. Of the members appointed |
10 | | under this amendatory Act of the 94th General Assembly, |
11 | | one shall be appointed for a term ending on the third |
12 | | Monday in January, 2007, and 2 shall be appointed for |
13 | | terms ending on the third Monday in January, 2009, and |
14 | | until their successors are appointed and qualified.
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15 | | (b) Members shall thereafter be appointed to hold |
16 | | office for terms of 4
years from the third Monday in |
17 | | January of the year of their appointment,
and until their |
18 | | successors are appointed and qualified. All such
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19 | | appointments shall be made so that the composition of the |
20 | | Commission is in
accordance with the provisions of the |
21 | | first paragraph of this Section.
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22 | | Each Commissioner shall receive an annual salary equal to |
23 | | 70% of that of a Circuit Court Judge in the Judicial Circuit |
24 | | constituted by the First Judicial District under the Salaries |
25 | | Act; the Chairman shall receive an annual salary of 5% more |
26 | | than the other Commissioners.
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1 | | In case of a vacancy in the office of a Commissioner during |
2 | | the
recess of the Senate, the Governor shall make a temporary |
3 | | appointment
until the next meeting of the Senate, when he |
4 | | shall nominate some person
to fill such office. Any person so |
5 | | nominated who is confirmed by the
Senate shall hold office |
6 | | during the remainder of the term and until his
successor is |
7 | | appointed and qualified.
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8 | | The Illinois Workers' Compensation Commission created by |
9 | | this amendatory Act of 1989
shall succeed to all the rights, |
10 | | powers, duties, obligations, records
and other property and |
11 | | employees of the Industrial Commission which it
replaces as |
12 | | modified by this amendatory Act of 1989 and all applications
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13 | | and reports to actions and proceedings of such prior |
14 | | Industrial Commission
shall be considered as applications and |
15 | | reports to actions and proceedings
of the Illinois Workers' |
16 | | Compensation Commission created by this amendatory Act of |
17 | | 1989.
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18 | | Notwithstanding any other provision of this Act, in the |
19 | | event the
Chairman shall make a finding that a member is or |
20 | | will be unavailable to
fulfill the responsibilities of his or |
21 | | her office, the Chairman shall
advise the Governor and the |
22 | | member in writing and shall designate a
certified arbitrator |
23 | | to serve as acting Commissioner. The certified
arbitrator |
24 | | shall act as a Commissioner until the member resumes the |
25 | | duties
of his or her office or until a new member is appointed |
26 | | by the Governor, by
and with the consent of the Senate, if a |
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1 | | vacancy occurs in the office of
the Commissioner, but in no |
2 | | event shall a certified arbitrator serve in the
capacity of |
3 | | Commissioner for more than 6 months from the date of
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4 | | appointment by the Chairman. A finding by the Chairman that a |
5 | | member is or
will be unavailable to fulfill the |
6 | | responsibilities of his or her office
shall be based upon |
7 | | notice to the Chairman by a member that he or she will
be |
8 | | unavailable or facts and circumstances made known to the |
9 | | Chairman which
lead him to reasonably find that a member is |
10 | | unavailable to fulfill the
responsibilities of his or her |
11 | | office. The designation of a certified
arbitrator to act as a |
12 | | Commissioner shall be considered representative of
citizens |
13 | | not identified with either the employing or employee classes |
14 | | and
the arbitrator shall serve regardless of his or her |
15 | | political affiliation.
A certified arbitrator who serves as an |
16 | | acting Commissioner shall have all
the rights and powers of a |
17 | | Commissioner, including salary.
|
18 | | Notwithstanding any other provision of this Act, the |
19 | | Governor shall appoint
a special panel of Commissioners |
20 | | comprised of 3 members who shall be chosen
by the Governor, by |
21 | | and with the consent of the Senate, from among the
current |
22 | | ranks of certified arbitrators. Three members shall hold |
23 | | office
until the Commission in consultation with the Governor |
24 | | determines that the
caseload on review has been reduced |
25 | | sufficiently to allow cases to proceed
in a timely manner or |
26 | | for a term of 18 months from the effective date of
their |
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1 | | appointment by the Governor, whichever shall be earlier. The 3
|
2 | | members shall be considered representative of citizens not |
3 | | identified with
either the employing or employee classes and |
4 | | shall serve regardless of
political affiliation. Each of the 3 |
5 | | members shall have only such rights
and powers of a |
6 | | Commissioner necessary to dispose of those cases assigned
to |
7 | | the special panel. Each of the 3 members appointed to the |
8 | | special panel
shall receive the same salary as other |
9 | | Commissioners for the duration of
the panel.
|
10 | | The Commission may have an Executive Director; if so, the |
11 | | Executive
Director shall be appointed by the Governor with the |
12 | | advice and consent of the
Senate. The salary and duties of the |
13 | | Executive Director shall be fixed by the
Commission.
|
14 | | On the effective date of this amendatory Act of
the 93rd |
15 | | General Assembly, the name of the Industrial Commission is |
16 | | changed to the Illinois Workers' Compensation Commission. |
17 | | References in any law, appropriation, rule, form, or other
|
18 | | document: (i) to the Industrial Commission
are deemed, in |
19 | | appropriate contexts, to be references to the Illinois |
20 | | Workers' Compensation Commission for all purposes; (ii) to the |
21 | | Industrial Commission Operations Fund
are deemed, in |
22 | | appropriate contexts, to be references to the Illinois |
23 | | Workers' Compensation Commission Operations Fund for all |
24 | | purposes; (iii) to the Industrial Commission Operations Fund |
25 | | Fee are deemed, in appropriate contexts, to be
references to |
26 | | the Illinois Workers' Compensation Commission Operations Fund |
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1 | | Fee for all
purposes; and (iv) to the Industrial Commission |
2 | | Operations Fund Surcharge are deemed, in appropriate contexts, |
3 | | to be
references to the Illinois Workers' Compensation |
4 | | Commission Operations Fund Surcharge for all
purposes. |
5 | | (Source: P.A. 101-384, eff. 1-1-20; 102-16, eff. 6-17-21.)
|
6 | | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
|
7 | | Sec. 14. The Commission shall appoint a secretary and , an |
8 | | assistant
secretary , and arbitrators and shall employ such
|
9 | | assistants and clerical help as may be necessary. Arbitrators |
10 | | shall be appointed pursuant to this Section, notwithstanding |
11 | | any provision of the Personnel Code.
|
12 | | Each arbitrator appointed after June 28, 2011 shall be |
13 | | required
to demonstrate in writing his or
her knowledge of and |
14 | | expertise in the law of and judicial processes of
the Workers' |
15 | | Compensation Act and the Workers' Occupational Diseases Act.
|
16 | | A formal training program for newly-hired arbitrators |
17 | | shall be
implemented. The training program shall include the |
18 | | following:
|
19 | | (a) substantive and procedural aspects of the |
20 | | arbitrator position;
|
21 | | (b) current issues in workers' compensation law and |
22 | | practice;
|
23 | | (c) medical lectures by specialists in areas such as |
24 | | orthopedics,
ophthalmology, psychiatry, rehabilitation |
25 | | counseling;
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1 | | (d) orientation to each operational unit of the |
2 | | Illinois Workers' Compensation Commission;
|
3 | | (e) observation of experienced arbitrators conducting |
4 | | hearings of cases,
combined with the opportunity to |
5 | | discuss evidence presented and rulings made;
|
6 | | (f) the use of hypothetical cases requiring the |
7 | | trainee to issue
judgments as a means to evaluating |
8 | | knowledge and writing ability;
|
9 | | (g) writing skills;
|
10 | | (h) professional and ethical standards pursuant to |
11 | | Section 1.1 of this Act; |
12 | | (i) detection of workers' compensation fraud and |
13 | | reporting obligations of Commission employees and |
14 | | appointees; |
15 | | (j) standards of evidence-based medical treatment and |
16 | | best practices for measuring and improving quality and |
17 | | health care outcomes in the workers' compensation system, |
18 | | including but not limited to the use of the American |
19 | | Medical Association's "Guides to the Evaluation of |
20 | | Permanent Impairment" and the practice of utilization |
21 | | review; and |
22 | | (k) substantive and procedural aspects of coal |
23 | | workers' pneumoconiosis (black lung) cases. |
24 | | A formal and ongoing professional development program |
25 | | including, but not
limited to, the above-noted areas shall be |
26 | | implemented to keep arbitrators
informed of recent |
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1 | | developments and issues and to assist them in
maintaining and |
2 | | enhancing their professional competence. Each arbitrator shall |
3 | | complete 20 hours of training in the above-noted areas during |
4 | | every 2 years such arbitrator shall remain in office.
|
5 | | Each
arbitrator shall devote full time to his or her |
6 | | duties and shall serve when
assigned as
an acting Commissioner |
7 | | when a Commissioner is unavailable in accordance
with the |
8 | | provisions of Section 13 of this Act. Any
arbitrator who is an |
9 | | attorney-at-law shall not engage in the practice of
law, nor |
10 | | shall any arbitrator hold any other office or position of
|
11 | | profit under the United States or this State or any municipal
|
12 | | corporation or political subdivision of this State.
|
13 | | Notwithstanding any other provision of this Act to the |
14 | | contrary, an arbitrator
who serves as an acting Commissioner |
15 | | in accordance with the provisions of
Section 13 of this Act |
16 | | shall continue to serve in the capacity of Commissioner
until |
17 | | a decision is reached in every case heard by that arbitrator |
18 | | while
serving as an acting Commissioner.
|
19 | | Notwithstanding any other provision of this Section, the |
20 | | term of all arbitrators serving on June 28, 2011 (the |
21 | | effective date of Public Act 97-18), including any arbitrators |
22 | | on administrative leave, shall terminate at the close of |
23 | | business on July 1, 2011, but the incumbents shall continue to |
24 | | exercise all of their duties until they are reappointed or |
25 | | their successors are appointed. |
26 | | On and after June 28, 2011 (the effective date of Public |
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1 | | Act 97-18), arbitrators shall be appointed to 3-year terms as |
2 | | follows: |
3 | | (1) All appointments shall be made by the Governor |
4 | | with the advice and consent of the Senate. |
5 | | (2) For their initial appointments, 12 arbitrators |
6 | | shall be appointed to terms expiring July 1, 2012; 12 |
7 | | arbitrators shall be appointed to terms expiring July 1, |
8 | | 2013; and all additional arbitrators shall be appointed to |
9 | | terms expiring July 1, 2014. Thereafter, all arbitrators |
10 | | shall be appointed to 3-year terms. |
11 | | Upon the expiration of a term, the Chairman shall evaluate |
12 | | the performance of the arbitrator and may recommend to the |
13 | | Governor that he or she be reappointed to a second or |
14 | | subsequent term by the Governor with the advice and consent of |
15 | | the Senate. |
16 | | Each arbitrator appointed on or after June 28, 2011 (the |
17 | | effective date of Public Act 97-18) and who has not previously |
18 | | served as an arbitrator for the Commission shall be required |
19 | | to be authorized to practice law in this State by the Supreme |
20 | | Court, and to maintain this authorization throughout his or |
21 | | her term of employment.
|
22 | | The performance of all arbitrators shall be reviewed by |
23 | | the Chairman every other year, or more often at the discretion |
24 | | of the Chairman on
an annual basis . The Chairman shall allow |
25 | | input from the Commissioners in
all such reviews.
|
26 | | The Commission shall assign no fewer than 3 arbitrators to |
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1 | | each hearing site. The Commission shall establish a procedure |
2 | | to ensure that the arbitrators assigned to each hearing site |
3 | | are assigned cases on a random basis. No arbitrator shall hear |
4 | | cases in any county, other than Cook County, for more than 4 2 |
5 | | years consecutively in each 3-year term . |
6 | | The Secretary and each arbitrator shall receive a per |
7 | | annum salary of
5% less than the per annum salary of members of |
8 | | The
Illinois Workers' Compensation Commission as
provided in |
9 | | Section 13 of this Act, payable in equal monthly installments.
|
10 | | The members of the Commission, Arbitrators and other |
11 | | employees whose
duties require them to travel, shall have |
12 | | reimbursed to them their
actual traveling expenses and |
13 | | disbursements made or incurred by them in
the discharge of |
14 | | their official duties while away from their place of
residence |
15 | | in the performance of their duties.
|
16 | | The Commission shall provide itself with a seal for the
|
17 | | authentication of its orders, awards and proceedings upon |
18 | | which shall be
inscribed the name of the Commission and the |
19 | | words "Illinois--Seal".
|
20 | | The Secretary or Assistant Secretary, under the direction |
21 | | of the
Commission, shall have charge and custody of the seal of |
22 | | the Commission
and also have charge and custody of all |
23 | | records, files, orders,
proceedings, decisions, awards and |
24 | | other documents on file with the
Commission. He shall furnish |
25 | | certified copies, under the seal of the
Commission, of any |
26 | | such records, files, orders, proceedings, decisions,
awards |
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1 | | and other documents on file with the Commission as may be
|
2 | | required. Certified copies so furnished by the Secretary or |
3 | | Assistant
Secretary shall be received in evidence before the |
4 | | Commission or any
Arbitrator thereof, and in all courts, |
5 | | provided that the original of
such certified copy is otherwise |
6 | | competent and admissible in evidence.
The Secretary or |
7 | | Assistant Secretary shall perform such other duties as
may be |
8 | | prescribed from time to time by the Commission.
|
9 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.".
|