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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 | ||||||||||||||||||||||||
17 | disease benefits pursuant to subsection (a) of
Section 4 of | ||||||||||||||||||||||||
18 | the Workers' Occupational Diseases Act but does not include
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19 | group self-insured employers under Section 4a of this Act or | ||||||||||||||||||||||||
20 | Section 4a of
the Workers' Occupational Diseases Act or the | ||||||||||||||||||||||||
21 | State of Illinois, any
political subdivision of the State, | ||||||||||||||||||||||||
22 | unit of local government or school
district, or any other | ||||||||||||||||||||||||
23 | public authorities or quasi-governmental bodies
including any |
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1 | subunits of the foregoing entities.
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2 | (d) "Insolvent self-insurer" means a private self-insurer | ||||||
3 | financially
unable to pay compensation due under this Act, | ||||||
4 | which (i) has filed either prior
to or after the effective date | ||||||
5 | of this Section or (ii) is the subject party
in any proceeding | ||||||
6 | under the Federal Bankruptcy Reform Act of 1978, or is
the | ||||||
7 | subject party in any proceeding in which a receiver, | ||||||
8 | custodian,
liquidator, rehabilitator, sequestrator, trustee or | ||||||
9 | similar officer has
been appointed by any Court to act in lieu | ||||||
10 | of or on behalf of that self-insurer.
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11 | (e) "Fund" means the Self-Insurers Security Fund | ||||||
12 | established by Section 4a-5.
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13 | (f) "Trustee" means a member of the Self-Insurers Advisory | ||||||
14 | Board.
| ||||||
15 | (g) (Blank). "Self-Insurers Administration Fund" means the | ||||||
16 | Fund established by Section 4a-6.1.
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17 | (h) "Application fee" means the application fee provided | ||||||
18 | for in Section 4a-4.
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19 | (Source: P.A. 93-721, eff. 1-1-05.)
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20 | (820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
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21 | Sec. 4a-4.
The Self-Insurers Advisory Board shall possess | ||||||
22 | all powers
necessary and convenient to accomplish the objects | ||||||
23 | prescribed by this Act,
including but not limited to the | ||||||
24 | following:
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25 | (a) The Board shall make such bylaws, rules, regulations |
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| |||||||
1 | and resolutions
as are necessary to carry out its | ||||||
2 | responsibilities. The Board may carry
out its responsibilities | ||||||
3 | directly or by contract or other instrument, and
may purchase | ||||||
4 | such services and collect and borrow such funds as it deems
| ||||||
5 | necessary to effectuate its activities and protect the members | ||||||
6 | of the Board
and its employees. The Board shall appoint, | ||||||
7 | retain and employ such persons
as it deems necessary to | ||||||
8 | achieve the purposes of the Board. The Chairman
shall be the | ||||||
9 | chief administrative officer of the Board, and he or she shall
| ||||||
10 | have general supervisory authority over all employees of the | ||||||
11 | Board. Designated
employees shall be subject to the Illinois | ||||||
12 | Personnel Code. All expenses
incurred pursuant to this | ||||||
13 | provision shall be paid from the Self-Insurers
Security | ||||||
14 | Administration Fund. Each private self-insurer applying for | ||||||
15 | self-insurance
and for renewal of the self-insurance privilege | ||||||
16 | shall pay with its
application a non-refundable application | ||||||
17 | fee in the amount of $500, which
shall be deposited upon | ||||||
18 | receipt by the Commission into the Self-Insurers Security
| ||||||
19 | Administration Fund and used only for the purposes set forth | ||||||
20 | in Sections 4a-1 through 4a-9 this
Section . An application fee | ||||||
21 | shall be required of each corporation and each
and every | ||||||
22 | corporate subsidiary.
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23 | (b) The Board shall meet no less than quarterly and shall | ||||||
24 | meet at other
times upon the call of the Chairman, issued to | ||||||
25 | the Trustees in writing no less
than 48 hours prior to the day | ||||||
26 | and hour of the meeting, or upon a request
for a meeting |
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1 | presented in writing to the Chairman no less than 72 hours
| ||||||
2 | prior to the proposed day and hour of the meeting and signed by | ||||||
3 | at least a
majority of the Trustees, whereupon the Chairman | ||||||
4 | shall provide notice
issued in writing to the Trustees no less | ||||||
5 | than 48 hours prior to the meeting
and shall convene the | ||||||
6 | meeting at the time and place stated in the request.
| ||||||
7 | (c) Four Trustees shall constitute a quorum to transact | ||||||
8 | business at any
meeting, and the affirmative vote of four | ||||||
9 | Trustees shall be necessary for
any action taken by the Board. | ||||||
10 | No vacancy shall otherwise impair the
rights of the remaining | ||||||
11 | Trustees to exercise all of the powers of the Board.
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12 | (d) The Board shall serve without compensation, but each | ||||||
13 | member shall be
entitled to be reimbursed for necessary and | ||||||
14 | actual expenses incurred in the
discharge of his official | ||||||
15 | duties.
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16 | (e) The Board shall have the right to sue and be sued in | ||||||
17 | the name of the
Commission.
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18 | (Source: P.A. 85-1385.)
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19 | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
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20 | Sec. 4a-5. There is hereby created a Self-Insurers | ||||||
21 | Security Fund. The State
Treasurer shall be the ex officio | ||||||
22 | ex-officio custodian of the Self-Insurers Security
Fund. | ||||||
23 | Moneys in the Fund shall be deposited in a separate account in | ||||||
24 | the
same manner as are State Funds and any interest accruing | ||||||
25 | thereon shall be
added thereto every 6 months. It shall be |
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1 | subject to audit the same as
State funds and accounts and shall | ||||||
2 | be protected by the general bond given
by the State Treasurer. | ||||||
3 | The funds in the Self-Insurers Security Fund shall
not be | ||||||
4 | subject to appropriation and shall be made available for the
| ||||||
5 | purposes of compensating employees who are eligible to receive | ||||||
6 | benefits
from their employers pursuant to the provisions of | ||||||
7 | the Workers'
Compensation Act or Workers' Occupational | ||||||
8 | Diseases Act, when, pursuant to
this Section, the Board has | ||||||
9 | determined that a private self-insurer has
become an insolvent | ||||||
10 | self-insurer and is unable to pay compensation benefits
due to | ||||||
11 | financial insolvency. Moneys in the Fund may be used to | ||||||
12 | compensate
any type of injury or occupational disease which is | ||||||
13 | compensable under either
Act, and all claims for related | ||||||
14 | administrative fees,
operating costs of the Board, attorney's | ||||||
15 | fees, and other costs reasonably
incurred by the Board. Moneys | ||||||
16 | At the discretion of the Chairman, moneys in the Self-Insurers | ||||||
17 | Security Fund may also be used for paying the salaries and | ||||||
18 | benefits of the Self-Insurers Advisory Board employees and the | ||||||
19 | operating costs of the Board. Payment from the Self-Insurers | ||||||
20 | Security Fund shall
be made by the Comptroller only upon the | ||||||
21 | authorization of the Chairman as
evidenced by properly | ||||||
22 | certified vouchers of the Commission, upon the
direction of | ||||||
23 | the Board.
| ||||||
24 | (Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
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25 | (820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
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1 | Sec. 4a-6.1.
There is hereby created a Self-Insurers | ||||||
2 | Administration
Fund. The State Treasurer shall be the | ||||||
3 | ex-officio custodian of the
Self-Insurers Administration Fund. | ||||||
4 | Monies in the Self-Insurers
Administration Fund shall be | ||||||
5 | deposited in a separate account in the same
manner as are State | ||||||
6 | Funds, and any interest accruing thereon shall be added
| ||||||
7 | thereto every 6 months. It shall be subject to audit the same | ||||||
8 | as State
funds and accounts and shall be protected by the | ||||||
9 | general bond given by the
State Treasurer. The funds in the | ||||||
10 | Self-Insurers Administration Fund shall
not be subject to | ||||||
11 | appropriation and shall be made available only for paying
the | ||||||
12 | salaries and benefits of the Self-Insurers Advisory Board | ||||||
13 | employees and
the operating costs of the Board. Payment from | ||||||
14 | the Self-Insurers
Administration Fund shall be made by the | ||||||
15 | Comptroller only upon the
authorization of the Chairman as | ||||||
16 | evidenced by properly certified vouchers
of the Commission. | ||||||
17 | Within 60 days after the effective date of this amendatory Act | ||||||
18 | of the 102nd General Assembly, the Secretary of the Commission | ||||||
19 | shall transfer all remaining funds to the Self-Insurers | ||||||
20 | Security Fund for use consistent with the provisions of | ||||||
21 | Section 4a-5. Prior to July 1, 2021, the State Treasurer shall | ||||||
22 | dissolve the Self-Insurers Administration Fund and close any | ||||||
23 | related accounts.
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24 | (Source: P.A. 85-1385.)
| ||||||
25 | (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
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1 | Sec. 4a-7. (a) The Commission may upon direction of the | ||||||
2 | Board from time
to time assess each of the private | ||||||
3 | self-insurers a pro rata share of the
funding reasonably | ||||||
4 | necessary to carry out its activities under Sections 4a-1 | ||||||
5 | through 4a-9 this
Section . The prorations shall be made on the | ||||||
6 | basis of each self-insured's
most recent payment into the rate | ||||||
7 | adjustment fund under Section 7(f) of
this Act. In no event | ||||||
8 | shall a private self-insurer be assessed at one time
in excess | ||||||
9 | of .6% of the compensation paid by that private self-insurer
| ||||||
10 | during the previous calendar year for claims incurred as a | ||||||
11 | self-insurer.
Total assessments against it in any calendar | ||||||
12 | year shall not exceed 1.2% of
the compensation it has paid | ||||||
13 | during the previous calendar year as a
self-insurer for claims | ||||||
14 | incurred. Funds obtained by such assessments shall
be used | ||||||
15 | only for the purposes set forth in Sections 4a-1 through 4a-9 | ||||||
16 | this Section , and shall be
deposited upon receipt by the | ||||||
17 | Commission into the Self-Insurers Security
Fund. If payment of | ||||||
18 | any assessment made under this subsection is not made
within | ||||||
19 | 30 days of the sending of the notice to the private | ||||||
20 | self-insurer,
the Commission at the direction of the Board | ||||||
21 | shall proceed in circuit court for
judgment against that | ||||||
22 | private self-insurer which judgment shall include the
amount | ||||||
23 | of the assessment, the costs of suit, interest and reasonable | ||||||
24 | attorneys' fees.
| ||||||
25 | (b) A private self-insurer which ceases to be a | ||||||
26 | self-insurer shall be
liable for any and all assessments made |
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1 | pursuant to this Section during
the period following the date | ||||||
2 | its certificate of authority to
self-insure is withdrawn, | ||||||
3 | revoked or surrendered until such time as it
has discharged | ||||||
4 | all obligations to pay compensation which arose during the
| ||||||
5 | period of time said former self-insurer was self-insured. | ||||||
6 | Assessments of
such a former private self-insurer shall be | ||||||
7 | based on the compensation paid
by the former private | ||||||
8 | self-insurer during the preceding calendar year on
claims that | ||||||
9 | arose during the period of time said former private
| ||||||
10 | self-insurer was self-insured.
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11 | (c) The Board on behalf of the Commission shall annually | ||||||
12 | contract for an
independent certified audit of the financial | ||||||
13 | activities of the Fund, and an
annual report as of June 30 | ||||||
14 | shall be submitted promptly by the Board to
the Chairman of the | ||||||
15 | Illinois Workers' Compensation Commission and to each Trustee. | ||||||
16 | Written
reports of all activities shall be submitted to the | ||||||
17 | Commission by the Board
on a monthly basis.
| ||||||
18 | (d) If there are monies remaining in the Fund after all | ||||||
19 | outstanding
obligations of all insolvent self-insurers have | ||||||
20 | been satisfied and the
costs of administration and defense | ||||||
21 | have been paid, such amounts shall be
returned by the | ||||||
22 | Commission from the Fund as directed by the Board to the
then | ||||||
23 | private self-insurers in that proportion which each said | ||||||
24 | private
self-insurer has contributed to the Fund one year | ||||||
25 | thereafter, provided no
outstanding liabilities remain against | ||||||
26 | the Fund.
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1 | (e) Each private self-insurer shall be subject to the | ||||||
2 | direction of the
Commission as provided in Sections 4a-1 | ||||||
3 | through 4a-9 this Section as a condition of obtaining and
| ||||||
4 | maintaining its certificate of authority to self-insure.
| ||||||
5 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
6 | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
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7 | Sec. 13. There is created an Illinois Workers' | ||||||
8 | Compensation Commission consisting of 10
members to be | ||||||
9 | appointed by the Governor, by and with the consent of the
| ||||||
10 | Senate, 3 of whom shall be representative citizens of the
| ||||||
11 | employing class operating under this Act and 3 of whom shall
be | ||||||
12 | from a labor organization recognized under the National Labor | ||||||
13 | Relations Act or an attorney who has represented labor | ||||||
14 | organizations or has represented employees in workers' | ||||||
15 | compensation cases, and 4 of whom shall be representative | ||||||
16 | citizens not identified
with either the employing or employee | ||||||
17 | classes. Not more than 6 members
of the Commission shall be of | ||||||
18 | the same political party. Each Commissioner appointed on or | ||||||
19 | after the effective date of this amendatory Act of the 102nd | ||||||
20 | General Assembly must be authorized to practice law in this | ||||||
21 | State by the Illinois Supreme Court and must maintain this | ||||||
22 | authorization throughout his or her term of employment.
| ||||||
23 | One of the
members not identified with either the | ||||||
24 | employing or employee classes shall
be designated by the | ||||||
25 | Governor as Chairman. The Chairman shall be the chief
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1 | administrative and executive officer of the Commission; and he | ||||||
2 | or she shall
have general supervisory authority over all | ||||||
3 | personnel of the Commission,
including arbitrators and | ||||||
4 | Commissioners, and the final authority in all
administrative | ||||||
5 | matters relating to the Commissioners, including but not
| ||||||
6 | limited to the assignment and distribution of cases and | ||||||
7 | assignment of
Commissioners to the panels, except in the | ||||||
8 | promulgation of procedural rules
and orders under Section 16 | ||||||
9 | and in the determination of cases under this Act.
| ||||||
10 | Notwithstanding the general supervisory authority of the | ||||||
11 | Chairman, each
Commissioner, except those assigned to the | ||||||
12 | temporary panel, shall have the
authority to hire and | ||||||
13 | supervise 2 staff attorneys each. Such staff attorneys
shall | ||||||
14 | report directly to the individual Commissioner.
| ||||||
15 | A formal training program for newly-appointed | ||||||
16 | Commissioners shall be
implemented. The training program shall | ||||||
17 | include the following:
| ||||||
18 | (a) substantive and procedural aspects of the office | ||||||
19 | of Commissioner;
| ||||||
20 | (b) current issues in workers' compensation law and | ||||||
21 | practice;
| ||||||
22 | (c) medical lectures by specialists in areas such as | ||||||
23 | orthopedics,
ophthalmology, psychiatry, rehabilitation | ||||||
24 | counseling;
| ||||||
25 | (d) orientation to each operational unit of the | ||||||
26 | Illinois Workers' Compensation Commission;
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| |||||||
1 | (e) observation of experienced arbitrators and | ||||||
2 | Commissioners conducting
hearings of cases, combined with | ||||||
3 | the opportunity to discuss evidence
presented and rulings | ||||||
4 | made;
| ||||||
5 | (f) the use of hypothetical cases requiring the | ||||||
6 | newly-appointed
Commissioner to issue judgments as a means | ||||||
7 | to evaluating knowledge and
writing ability;
| ||||||
8 | (g) writing skills;
| ||||||
9 | (h) professional and ethical standards pursuant to | ||||||
10 | Section 1.1 of this Act; | ||||||
11 | (i) detection of workers' compensation fraud and | ||||||
12 | reporting obligations of Commission employees and | ||||||
13 | appointees; | ||||||
14 | (j) standards of evidence-based medical treatment and | ||||||
15 | best practices for measuring and improving quality and | ||||||
16 | health care outcomes in the workers' compensation system, | ||||||
17 | including but not limited to the use of the American | ||||||
18 | Medical Association's "Guides to the Evaluation of | ||||||
19 | Permanent Impairment" and the practice of utilization | ||||||
20 | review; and | ||||||
21 | (k) substantive and procedural aspects of coal | ||||||
22 | workers' pneumoconiosis (black lung) cases. | ||||||
23 | A formal and ongoing professional development program | ||||||
24 | including, but not
limited to, the above-noted areas shall be | ||||||
25 | implemented to keep
Commissioners informed of recent | ||||||
26 | developments and issues and to assist them
in maintaining and |
| |||||||
| |||||||
1 | enhancing their professional competence. Each Commissioner | ||||||
2 | shall complete 20 hours of training in the above-noted areas | ||||||
3 | during every 2 years such Commissioner shall remain in office.
| ||||||
4 | The Commissioner candidates, other than the Chairman, must | ||||||
5 | meet one of
the following qualifications: (a) licensed to | ||||||
6 | practice law in the State of
Illinois; or (b) served as an | ||||||
7 | arbitrator at the Illinois Workers' Compensation
Commission | ||||||
8 | for at least 3 years; or (c) has at least 4 years of
| ||||||
9 | professional labor relations experience. The Chairman | ||||||
10 | candidate must have
public or private sector management and | ||||||
11 | budget experience, as determined
by the Governor.
| ||||||
12 | Each Commissioner shall devote full time to his duties and | ||||||
13 | any
Commissioner who is an attorney-at-law shall not engage in | ||||||
14 | the practice
of law, nor shall any Commissioner hold any other | ||||||
15 | office or position of
profit under the United States or this | ||||||
16 | State or any municipal
corporation or political subdivision of | ||||||
17 | this State, nor engage in any other
business, employment, or | ||||||
18 | vocation.
| ||||||
19 | The term of office of each member of the Commission | ||||||
20 | holding office on
the effective date of this amendatory Act of | ||||||
21 | 1989 is abolished, but
the incumbents shall continue to | ||||||
22 | exercise all of the powers and be subject
to all of the duties | ||||||
23 | of Commissioners until their respective successors are
| ||||||
24 | appointed and qualified.
| ||||||
25 | The Illinois Workers' Compensation Commission shall | ||||||
26 | administer this Act.
|
| |||||||
| |||||||
1 | In the promulgation of procedural rules, the determination | ||||||
2 | of cases heard en banc, and other matters determined by the | ||||||
3 | full Commission, the Chairman's vote shall break a tie in the | ||||||
4 | event of a tie vote.
| ||||||
5 | The members shall be appointed by the Governor, with the | ||||||
6 | advice and
consent of the Senate, as follows:
| ||||||
7 | (a) After the effective date of this amendatory Act of | ||||||
8 | 1989, 3
members, at least one of
each political party, and | ||||||
9 | one of whom shall be a representative citizen
of the | ||||||
10 | employing class operating under this Act, one of whom | ||||||
11 | shall be
a representative citizen of the class of | ||||||
12 | employees covered under this
Act, and one of whom shall be | ||||||
13 | a representative citizen not identified
with either the | ||||||
14 | employing or employee classes, shall be appointed
to hold | ||||||
15 | office until the third Monday in January of 1993, and | ||||||
16 | until their
successors are appointed and qualified, and 4 | ||||||
17 | members, one of whom shall be
a representative citizen of | ||||||
18 | the employing class operating under this Act,
one of whom | ||||||
19 | shall be a representative citizen of the class of | ||||||
20 | employees
covered in this Act, and two of whom shall be | ||||||
21 | representative citizens not
identified with either the | ||||||
22 | employing or employee classes, one of whom shall
be | ||||||
23 | designated by the Governor as Chairman (at least one of | ||||||
24 | each of the two
major political parties) shall be | ||||||
25 | appointed to hold office until the third
Monday of January | ||||||
26 | in 1991, and until their successors are appointed and
|
| |||||||
| |||||||
1 | qualified.
| ||||||
2 | (a-5) Notwithstanding any other provision of this | ||||||
3 | Section,
the term of each member of the Commission
who was | ||||||
4 | appointed by the Governor and is in office on June 30, 2003 | ||||||
5 | shall
terminate at the close of business on that date or | ||||||
6 | when all of the successor
members to be appointed pursuant | ||||||
7 | to this amendatory Act of the 93rd General
Assembly have | ||||||
8 | been appointed by the Governor, whichever occurs later. As | ||||||
9 | soon
as possible, the Governor shall appoint persons to | ||||||
10 | fill the vacancies created
by this amendatory Act. Of the | ||||||
11 | initial commissioners appointed pursuant to
this | ||||||
12 | amendatory Act of the 93rd General Assembly, 3 shall be | ||||||
13 | appointed for
terms ending on the third Monday in January, | ||||||
14 | 2005, and 4 shall be appointed
for terms ending on the | ||||||
15 | third Monday in January, 2007.
| ||||||
16 | (a-10) After the effective date of this amendatory Act | ||||||
17 | of the 94th General Assembly, the Commission shall be | ||||||
18 | increased to 10 members. As soon as possible after the | ||||||
19 | effective date of this amendatory Act of the 94th General | ||||||
20 | Assembly, the Governor shall appoint, by and with the | ||||||
21 | consent of the
Senate, the 3 members added to the | ||||||
22 | Commission under this amendatory Act of the 94th General | ||||||
23 | Assembly, one of whom shall be a representative citizen of | ||||||
24 | the employing class operating under this Act, one of whom | ||||||
25 | shall be a representative of the class of employees | ||||||
26 | covered under this Act, and one of whom shall be a |
| |||||||
| |||||||
1 | representative citizen not identified with either the | ||||||
2 | employing or employee classes. Of the members appointed | ||||||
3 | under this amendatory Act of the 94th General Assembly, | ||||||
4 | one shall be appointed for a term ending on the third | ||||||
5 | Monday in January, 2007, and 2 shall be appointed for | ||||||
6 | terms ending on the third Monday in January, 2009, and | ||||||
7 | until their successors are appointed and qualified.
| ||||||
8 | (b) Members shall thereafter be appointed to hold | ||||||
9 | office for terms of 4
years from the third Monday in | ||||||
10 | January of the year of their appointment,
and until their | ||||||
11 | successors are appointed and qualified. All such
| ||||||
12 | appointments shall be made so that the composition of the | ||||||
13 | Commission is in
accordance with the provisions of the | ||||||
14 | first paragraph of this Section.
| ||||||
15 | Each Commissioner shall receive an annual salary of 70% of | ||||||
16 | a Circuit Court Judge in the Judicial Court constituted by the | ||||||
17 | First Judicial District under the Salaries Act and the | ||||||
18 | Chairman shall receive an annual salary of 5% more than the | ||||||
19 | other Commissioners. | ||||||
20 | The Chairman shall receive an annual salary of $42,500, or
| ||||||
21 | a salary set by the Compensation Review Board, whichever is | ||||||
22 | greater,
and each other member shall receive an annual salary | ||||||
23 | of $38,000, or a
salary set by the Compensation Review Board, | ||||||
24 | whichever is greater.
| ||||||
25 | In case of a vacancy in the office of a Commissioner during | ||||||
26 | the
recess of the Senate, the Governor shall make a temporary |
| |||||||
| |||||||
1 | appointment
until the next meeting of the Senate, when he | ||||||
2 | shall nominate some person
to fill such office. Any person so | ||||||
3 | nominated who is confirmed by the
Senate shall hold office | ||||||
4 | during the remainder of the term and until his
successor is | ||||||
5 | appointed and qualified.
| ||||||
6 | The Illinois Workers' Compensation Commission created by | ||||||
7 | this amendatory Act of 1989
shall succeed to all the rights, | ||||||
8 | powers, duties, obligations, records
and other property and | ||||||
9 | employees of the Industrial Commission which it
replaces as | ||||||
10 | modified by this amendatory Act of 1989 and all applications
| ||||||
11 | and reports to actions and proceedings of such prior | ||||||
12 | Industrial Commission
shall be considered as applications and | ||||||
13 | reports to actions and proceedings
of the Illinois Workers' | ||||||
14 | Compensation Commission created by this amendatory Act of | ||||||
15 | 1989.
| ||||||
16 | Notwithstanding any other provision of this Act, in the | ||||||
17 | event the
Chairman shall make a finding that a member is or | ||||||
18 | will be unavailable to
fulfill the responsibilities of his or | ||||||
19 | her office, the Chairman shall
advise the Governor and the | ||||||
20 | member in writing and shall designate a
certified arbitrator | ||||||
21 | to serve as acting Commissioner. The certified
arbitrator | ||||||
22 | shall act as a Commissioner until the member resumes the | ||||||
23 | duties
of his or her office or until a new member is appointed | ||||||
24 | by the Governor, by
and with the consent of the Senate, if a | ||||||
25 | vacancy occurs in the office of
the Commissioner, but in no | ||||||
26 | event shall a certified arbitrator serve in the
capacity of |
| |||||||
| |||||||
1 | Commissioner for more than 6 months from the date of
| ||||||
2 | appointment by the Chairman. A finding by the Chairman that a | ||||||
3 | member is or
will be unavailable to fulfill the | ||||||
4 | responsibilities of his or her office
shall be based upon | ||||||
5 | notice to the Chairman by a member that he or she will
be | ||||||
6 | unavailable or facts and circumstances made known to the | ||||||
7 | Chairman which
lead him to reasonably find that a member is | ||||||
8 | unavailable to fulfill the
responsibilities of his or her | ||||||
9 | office. The designation of a certified
arbitrator to act as a | ||||||
10 | Commissioner shall be considered representative of
citizens | ||||||
11 | not identified with either the employing or employee classes | ||||||
12 | and
the arbitrator shall serve regardless of his or her | ||||||
13 | political affiliation.
A certified arbitrator who serves as an | ||||||
14 | acting Commissioner shall have all
the rights and powers of a | ||||||
15 | Commissioner, including salary.
| ||||||
16 | Notwithstanding any other provision of this Act, the | ||||||
17 | Governor shall appoint
a special panel of Commissioners | ||||||
18 | comprised of 3 members who shall be chosen
by the Governor, by | ||||||
19 | and with the consent of the Senate, from among the
current | ||||||
20 | ranks of certified arbitrators. Three members shall hold | ||||||
21 | office
until the Commission in consultation with the Governor | ||||||
22 | determines that the
caseload on review has been reduced | ||||||
23 | sufficiently to allow cases to proceed
in a timely manner or | ||||||
24 | for a term of 18 months from the effective date of
their | ||||||
25 | appointment by the Governor, whichever shall be earlier. The 3
| ||||||
26 | members shall be considered representative of citizens not |
| |||||||
| |||||||
1 | identified with
either the employing or employee classes and | ||||||
2 | shall serve regardless of
political affiliation. Each of the 3 | ||||||
3 | members shall have only such rights
and powers of a | ||||||
4 | Commissioner necessary to dispose of those cases assigned
to | ||||||
5 | the special panel. Each of the 3 members appointed to the | ||||||
6 | special panel
shall receive the same salary as other | ||||||
7 | Commissioners for the duration of
the panel.
| ||||||
8 | The Commission may have an Executive Director; if so, the | ||||||
9 | Executive
Director shall be appointed by the Governor with the | ||||||
10 | advice and consent of the
Senate. The salary and duties of the | ||||||
11 | Executive Director shall be fixed by the
Commission.
| ||||||
12 | On the effective date of this amendatory Act of
the 93rd | ||||||
13 | General Assembly, the name of the Industrial Commission is | ||||||
14 | changed to the Illinois Workers' Compensation Commission. | ||||||
15 | References in any law, appropriation, rule, form, or other
| ||||||
16 | document: (i) to the Industrial Commission
are deemed, in | ||||||
17 | appropriate contexts, to be references to the Illinois | ||||||
18 | Workers' Compensation Commission for all purposes; (ii) to the | ||||||
19 | Industrial Commission Operations Fund
are deemed, in | ||||||
20 | appropriate contexts, to be references to the Illinois | ||||||
21 | Workers' Compensation Commission Operations Fund for all | ||||||
22 | purposes; (iii) to the Industrial Commission Operations Fund | ||||||
23 | Fee are deemed, in appropriate contexts, to be
references to | ||||||
24 | the Illinois Workers' Compensation Commission Operations Fund | ||||||
25 | Fee for all
purposes; and (iv) to the Industrial Commission | ||||||
26 | Operations Fund Surcharge are deemed, in appropriate contexts, |
| |||||||
| |||||||
1 | to be
references to the Illinois Workers' Compensation | ||||||
2 | Commission Operations Fund Surcharge for all
purposes. | ||||||
3 | (Source: P.A. 101-384, eff. 1-1-20 .)
| ||||||
4 | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| ||||||
5 | Sec. 14. The Commission shall appoint a secretary and , an | ||||||
6 | assistant
secretary , and arbitrators and shall employ such
| ||||||
7 | assistants and clerical help as may be necessary. Arbitrators | ||||||
8 | shall be appointed pursuant to this Section, notwithstanding | ||||||
9 | any provision of the Personnel Code.
| ||||||
10 | Each arbitrator appointed after June 28, 2011 shall be | ||||||
11 | required
to demonstrate in writing his or
her knowledge of and | ||||||
12 | expertise in the law of and judicial processes of
the Workers' | ||||||
13 | Compensation Act and the Workers' Occupational Diseases Act.
| ||||||
14 | A formal training program for newly-hired arbitrators | ||||||
15 | shall be
implemented. The training program shall include the | ||||||
16 | following:
| ||||||
17 | (a) substantive and procedural aspects of the | ||||||
18 | arbitrator position;
| ||||||
19 | (b) current issues in workers' compensation law and | ||||||
20 | practice;
| ||||||
21 | (c) medical lectures by specialists in areas such as | ||||||
22 | orthopedics,
ophthalmology, psychiatry, rehabilitation | ||||||
23 | counseling;
| ||||||
24 | (d) orientation to each operational unit of the | ||||||
25 | Illinois Workers' Compensation Commission;
|
| |||||||
| |||||||
1 | (e) observation of experienced arbitrators conducting | ||||||
2 | hearings of cases,
combined with the opportunity to | ||||||
3 | discuss evidence presented and rulings made;
| ||||||
4 | (f) the use of hypothetical cases requiring the | ||||||
5 | trainee to issue
judgments as a means to evaluating | ||||||
6 | knowledge and writing ability;
| ||||||
7 | (g) writing skills;
| ||||||
8 | (h) professional and ethical standards pursuant to | ||||||
9 | Section 1.1 of this Act; | ||||||
10 | (i) detection of workers' compensation fraud and | ||||||
11 | reporting obligations of Commission employees and | ||||||
12 | appointees; | ||||||
13 | (j) standards of evidence-based medical treatment and | ||||||
14 | best practices for measuring and improving quality and | ||||||
15 | health care outcomes in the workers' compensation system, | ||||||
16 | including but not limited to the use of the American | ||||||
17 | Medical Association's "Guides to the Evaluation of | ||||||
18 | Permanent Impairment" and the practice of utilization | ||||||
19 | review; and | ||||||
20 | (k) substantive and procedural aspects of coal | ||||||
21 | workers' pneumoconiosis (black lung) cases. | ||||||
22 | A formal and ongoing professional development program | ||||||
23 | including, but not
limited to, the above-noted areas shall be | ||||||
24 | implemented to keep arbitrators
informed of recent | ||||||
25 | developments and issues and to assist them in
maintaining and | ||||||
26 | enhancing their professional competence. Each arbitrator shall |
| |||||||
| |||||||
1 | complete 20 hours of training in the above-noted areas during | ||||||
2 | every 2 years such arbitrator shall remain in office.
| ||||||
3 | Each
arbitrator shall devote full time to his or her | ||||||
4 | duties and shall serve when
assigned as
an acting Commissioner | ||||||
5 | when a Commissioner is unavailable in accordance
with the | ||||||
6 | provisions of Section 13 of this Act. Any
arbitrator who is an | ||||||
7 | attorney-at-law shall not engage in the practice of
law, nor | ||||||
8 | shall any arbitrator hold any other office or position of
| ||||||
9 | profit under the United States or this State or any municipal
| ||||||
10 | corporation or political subdivision of this State.
| ||||||
11 | Notwithstanding any other provision of this Act to the | ||||||
12 | contrary, an arbitrator
who serves as an acting Commissioner | ||||||
13 | in accordance with the provisions of
Section 13 of this Act | ||||||
14 | shall continue to serve in the capacity of Commissioner
until | ||||||
15 | a decision is reached in every case heard by that arbitrator | ||||||
16 | while
serving as an acting Commissioner.
| ||||||
17 | Notwithstanding any other provision of this Section, the | ||||||
18 | term of all arbitrators serving on June 28, 2011 (the | ||||||
19 | effective date of Public Act 97-18), including any arbitrators | ||||||
20 | on administrative leave, shall terminate at the close of | ||||||
21 | business on July 1, 2011, but the incumbents shall continue to | ||||||
22 | exercise all of their duties until they are reappointed or | ||||||
23 | their successors are appointed. | ||||||
24 | On and after June 28, 2011 (the effective date of Public | ||||||
25 | Act 97-18), arbitrators shall be appointed to 3-year terms as | ||||||
26 | follows: |
| |||||||
| |||||||
1 | (1) All appointments shall be made by the Governor | ||||||
2 | with the advice and consent of the Senate. | ||||||
3 | (2) For their initial appointments, 12 arbitrators | ||||||
4 | shall be appointed to terms expiring July 1, 2012; 12 | ||||||
5 | arbitrators shall be appointed to terms expiring July 1, | ||||||
6 | 2013; and all additional arbitrators shall be appointed to | ||||||
7 | terms expiring July 1, 2014. Thereafter, all arbitrators | ||||||
8 | shall be appointed to 3-year terms. | ||||||
9 | Upon the expiration of a term, the Chairman shall evaluate | ||||||
10 | the performance of the arbitrator and may recommend to the | ||||||
11 | Governor that he or she be reappointed to a second or | ||||||
12 | subsequent term by the Governor with the advice and consent of | ||||||
13 | the Senate. | ||||||
14 | Each arbitrator appointed on or after June 28, 2011 (the | ||||||
15 | effective date of Public Act 97-18) and who has not previously | ||||||
16 | served as an arbitrator for the Commission shall be required | ||||||
17 | to be authorized to practice law in this State by the Supreme | ||||||
18 | Court, and to maintain this authorization throughout his or | ||||||
19 | her term of employment.
| ||||||
20 | The performance of all arbitrators shall be reviewed by | ||||||
21 | the Chairman every other year, or more often at the discretion | ||||||
22 | of the Chairman on
an annual basis . The Chairman shall allow | ||||||
23 | input from the Commissioners in
all such reviews.
| ||||||
24 | The Commission shall assign no fewer than 3 arbitrators to | ||||||
25 | each hearing site. The Commission shall establish a procedure | ||||||
26 | to ensure that the arbitrators assigned to each hearing site |
| |||||||
| |||||||
1 | are assigned cases on a random basis. No arbitrator shall hear | ||||||
2 | cases in any county, other than Cook County, for more than 4 2 | ||||||
3 | years consecutively in each 3-year term . | ||||||
4 | The Secretary and each arbitrator shall receive a per | ||||||
5 | annum salary of
5% $4,000 less than the per annum salary of | ||||||
6 | members of The
Illinois Workers' Compensation Commission as
| ||||||
7 | provided in Section 13 of this Act, payable in equal monthly | ||||||
8 | installments.
| ||||||
9 | The members of the Commission, Arbitrators and other | ||||||
10 | employees whose
duties require them to travel, shall have | ||||||
11 | reimbursed to them their
actual traveling expenses and | ||||||
12 | disbursements made or incurred by them in
the discharge of | ||||||
13 | their official duties while away from their place of
residence | ||||||
14 | in the performance of their duties.
| ||||||
15 | The Commission shall provide itself with a seal for the
| ||||||
16 | authentication of its orders, awards and proceedings upon | ||||||
17 | which shall be
inscribed the name of the Commission and the | ||||||
18 | words "Illinois--Seal".
| ||||||
19 | The Secretary or Assistant Secretary, under the direction | ||||||
20 | of the
Commission, shall have charge and custody of the seal of | ||||||
21 | the Commission
and also have charge and custody of all | ||||||
22 | records, files, orders,
proceedings, decisions, awards and | ||||||
23 | other documents on file with the
Commission. He shall furnish | ||||||
24 | certified copies, under the seal of the
Commission, of any | ||||||
25 | such records, files, orders, proceedings, decisions,
awards | ||||||
26 | and other documents on file with the Commission as may be
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | required. Certified copies so furnished by the Secretary or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Assistant
Secretary shall be received in evidence before the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Commission or any
Arbitrator thereof, and in all courts, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | provided that the original of
such certified copy is otherwise | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | competent and admissible in evidence.
The Secretary or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Assistant Secretary shall perform such other duties as
may be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | prescribed from time to time by the Commission.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (Source: P.A. 98-40, eff. 6-28-13; 99-642, eff. 7-28-16.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
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