HR0052LRB097 10088 AEK 50267 r

1
HOUSE RESOLUTION

 
2    WHEREAS, Recent media reports indicate that since 2008,
3nearly $10 million in State taxpayer funds has been awarded in
4workers' compensation payments to more than 230 employees at
5the Menard Correctional Center who contended they were injured
6through repetitive trauma caused by operating manual cell
7locking mechanisms; and
 
8    WHEREAS, Recent media reports also indicate that
9approximately 25% of the arbitrators employed by the Illinois
10Workers' Compensation Commission ("Commission") have received
11workers' compensation awards, including nearly $50,000 to the
12arbitrator who approved many of the workers' compensation
13settlements to the guards at the Menard Correctional Center;
14and
 
15    WHEREAS, According to the Illinois Workers' Compensation
16Commission, many of these payments were "uncontested
17settlements" and information regarding the payments or process
18of awarding the payments is not included in a database
19maintained by the Commission, therefore, the public did not
20have access to these awards; and
 
21    WHEREAS, The Department of Central Management Services,
22Risk Management Division has statutory responsibility to

 

 

HR0052- 2 -LRB097 10088 AEK 50267 r

1administer the Workers' Compensation Program for State of
2Illinois agencies; and
 
3    WHEREAS, The Office of the Illinois Attorney General is
4responsible for the defense of claims arising from work-related
5injuries or diseases affecting State agency employees; and
 
6    WHEREAS, The Illinois Workers' Compensation Commission is
7required to approve settlement agreements for uncontested
8claims; therefore, be it
 
9    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
10NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
11the Auditor General is directed pursuant to Section 3-2 of the
12Illinois State Auditing Act to conduct an audit of awards
13approved by the Illinois Workers' Compensation Commission for
14claims filed by employees of Menard Correctional Center and
15arbitrators employed by the Commission from 2008 to the
16present; and be it further
 
17    RESOLVED, That the audit include, but not be limited to,
18the following areas:
 
19        (1) A review of the processing of awards paid to
20    employees of Menard Correctional Center and other
21    correctional facilities, including procedures for

 

 

HR0052- 3 -LRB097 10088 AEK 50267 r

1    determining compensability and proper negotiation and
2    approval of settlements, and procedures followed to
3    maintain records of such settlements;
4        (2) A review of the processing of awards for
5    arbitrators of the Illinois Workers' Compensation
6    Commission, including procedures for determining
7    compensability and proper negotiation and approval of
8    settlements, and procedures followed to maintain records
9    of such settlements;
10        (3) A review of "uncontested claims" procedures
11    utilized by the Illinois Workers' Compensation Commission,
12    including the roles of the Illinois Department of Central
13    Management Services and the Illinois Attorney General,
14    with respect to approval of awards paid to Menard
15    Correctional Workers and Illinois Workers' Compensation
16    Commission arbitrators;
17        (4) Whether procedures followed by the Commission,
18    CMS, and the Attorney General's Office in processing
19    workers' compensation claims of Menard Correctional
20    Workers and Illinois Workers' Compensation Commission
21    arbitrators comply with applicable State laws and
22    administrative regulations;
23        (5) Whether appropriate safeguards are in place to
24    mitigate against payment of taxpayer dollars for improper
25    or fraudulent workers' compensation claims; and
26        (6) Whether procedures necessary to ensure public

 

 

HR0052- 4 -LRB097 10088 AEK 50267 r

1    transparency and accountability were implemented with
2    respect to the processing of the workers' compensation
3    claims of Menard Correctional Workers and arbitrators
4    employed by the Commission; and be it further
 
5    RESOLVED, That the Illinois Workers' Compensation
6Commission and any other State agency, entity, or person that
7may have information relevant to this audit cooperate fully and
8promptly with the process; and be it further
 
9    RESOLVED, That the Auditor General commence this audit as
10soon as possible and report his findings and recommendations
11upon completion in accordance with the provisions of Section
123-14 of the Illinois State Auditing Act.