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| 1 | SENATE RESOLUTION
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| 2 | WHEREAS, Recent media reports indicate that since 2008, | ||||||
| 3 | nearly $10 million in State taxpayer funds has been awarded in | ||||||
| 4 | workers' compensation payments to more than 230 employees at | ||||||
| 5 | the Menard Correctional Center who contended they were injured | ||||||
| 6 | through repetitive trauma caused by operating manual cell | ||||||
| 7 | locking mechanisms; and
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| 8 | WHEREAS, Recent media reports also indicate that | ||||||
| 9 | approximately 25% of the arbitrators employed by the Illinois | ||||||
| 10 | Workers' Compensation Commission ("Commission") have received | ||||||
| 11 | workers' compensation awards, including nearly $50,000 to the | ||||||
| 12 | arbitrator who approved many of the workers' compensation | ||||||
| 13 | settlements to the guards at the Menard Correctional Center; | ||||||
| 14 | and
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| 15 | WHEREAS, According to the Illinois Workers' Compensation | ||||||
| 16 | Commission, many of these payments were "uncontested | ||||||
| 17 | settlements" and information regarding the payments or process | ||||||
| 18 | of awarding the payments is not included in a database | ||||||
| 19 | maintained by the Commission, therefore, the public did not | ||||||
| 20 | have access to these awards; and
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| 21 | WHEREAS, The Department of Central Management Services, | ||||||
| 22 | Risk Management Division has statutory responsibility to | ||||||
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| 1 | administer the Workers' Compensation Program for State of | ||||||
| 2 | Illinois agencies; and
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| 3 | WHEREAS, The Office of the Illinois Attorney General is | ||||||
| 4 | responsible for the defense of claims arising from work-related | ||||||
| 5 | injuries or diseases affecting State agency employees; and
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| 6 | WHEREAS, The Illinois Workers' Compensation Commission is | ||||||
| 7 | required to approve settlement agreements for uncontested | ||||||
| 8 | claims; therefore, be it
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| 9 | RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL | ||||||
| 10 | ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is | ||||||
| 11 | directed pursuant to Section 3-2 of the Illinois State Auditing | ||||||
| 12 | Act to conduct an audit of awards approved by the Illinois | ||||||
| 13 | Workers' Compensation Commission for claims filed by employees | ||||||
| 14 | of Menard Correctional Center and arbitrators employed by the | ||||||
| 15 | Commission from 2008 to the present; and be it further
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| 16 | RESOLVED, That the audit include, but not be limited to, | ||||||
| 17 | the following areas:
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| 18 | (1) A review of the processing of awards paid to | ||||||
| 19 | employees of Menard Correctional Center and other | ||||||
| 20 | correctional facilities, including procedures for | ||||||
| 21 | determining compensability and proper negotiation and | ||||||
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| 1 | approval of settlements, and procedures followed to | ||||||
| 2 | maintain records of such settlements; | ||||||
| 3 | (2) A review of the processing of awards for | ||||||
| 4 | arbitrators of the Illinois Workers' Compensation | ||||||
| 5 | Commission, including procedures for determining | ||||||
| 6 | compensability and proper negotiation and approval of | ||||||
| 7 | settlements, and procedures followed to maintain records | ||||||
| 8 | of such settlements; | ||||||
| 9 | (3) A review of "uncontested claims" procedures | ||||||
| 10 | utilized by the Illinois Workers' Compensation Commission, | ||||||
| 11 | including the roles of the Illinois Department of Central | ||||||
| 12 | Management Services and the Illinois Attorney General, | ||||||
| 13 | with respect to approval of awards paid to Menard | ||||||
| 14 | Correctional Workers and Illinois Workers' Compensation | ||||||
| 15 | Commission arbitrators; | ||||||
| 16 | (4) Whether procedures followed by the Commission, | ||||||
| 17 | CMS, and the Attorney General's Office in processing | ||||||
| 18 | workers' compensation claims of Menard Correctional | ||||||
| 19 | Workers and Illinois Workers' Compensation Commission | ||||||
| 20 | arbitrators comply with applicable State laws and | ||||||
| 21 | administrative regulations; | ||||||
| 22 | (5) Whether appropriate safeguards are in place to | ||||||
| 23 | mitigate against payment of taxpayer dollars for improper | ||||||
| 24 | or fraudulent workers' compensation claims; and | ||||||
| 25 | (6) Whether procedures necessary to ensure public | ||||||
| 26 | transparency and accountability were implemented with | ||||||
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| 1 | respect to the processing of the workers' compensation | ||||||
| 2 | claims of Menard Correctional Workers and arbitrators | ||||||
| 3 | employed by the Commission; and be it further | ||||||
| 4 | RESOLVED, That the Illinois Workers' Compensation | ||||||
| 5 | Commission and any other State agency, entity, or person that | ||||||
| 6 | may have information relevant to this audit cooperate fully and | ||||||
| 7 | promptly with the process; and be it further | ||||||
| 8 | RESOLVED, That the Auditor General commence this audit as | ||||||
| 9 | soon as possible and report his findings and recommendations | ||||||
| 10 | upon completion in accordance with the provisions of Section | ||||||
| 11 | 3-14 of the Illinois State Auditing Act.
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