Full Text of HB4151 101st General Assembly
HB4151ham001 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 2/24/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4151
| 2 | | AMENDMENT NO. ______. Amend House Bill 4151 by replacing | 3 | | everything after the enacting clause with the following:
| 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 as | 6 | | follows:
| 7 | | (820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
| 8 | | Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
| 9 | | (a) "Board" means the Self-Insurers Advisory Board created | 10 | | by Section 4a-1.
| 11 | | (b) "Chairman" means the Chairman of the Illinois Workers' | 12 | | Compensation Commission.
| 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 the | 2 | | Workers' Occupational Diseases Act but does not include
group | 3 | | self-insured employers under Section 4a of this Act or Section | 4 | | 4a of
the Workers' Occupational Diseases Act or the State of | 5 | | Illinois, any
political subdivision of the State, unit of local | 6 | | government or school
district, or any other public authorities | 7 | | or quasi-governmental bodies
including any subunits of the | 8 | | foregoing entities.
| 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, custodian,
| 15 | | liquidator, rehabilitator, sequestrator, trustee or similar | 16 | | officer has
been appointed by any Court to act in lieu of or on | 17 | | behalf of that self-insurer.
| 18 | | (e) "Fund" means the Self-Insurers Security Fund | 19 | | established by Section 4a-5.
| 20 | | (f) "Trustee" means a member of the Self-Insurers Advisory | 21 | | Board.
| 22 | | (g) (Blank). "Self-Insurers Administration Fund" means the | 23 | | Fund established by Section 4a-6.1.
| 24 | | (h) "Application fee" means the application fee provided | 25 | | for in Section 4a-4.
| 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)
| 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:
| 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
| 11 | | necessary to effectuate its activities and protect the members | 12 | | of the Board
and its employees. The Board shall appoint, retain | 13 | | and employ such persons
as it deems necessary to achieve the | 14 | | purposes of the Board. The Chairman
shall be the chief | 15 | | administrative officer of the Board, and he or she shall
have | 16 | | general supervisory authority over all employees of the Board. | 17 | | Designated
employees shall be subject to the Illinois Personnel | 18 | | Code. All expenses
incurred pursuant to this provision shall be | 19 | | paid from the Self-Insurers
Security Administration Fund. Each | 20 | | private self-insurer applying for self-insurance
and for | 21 | | renewal of the self-insurance privilege shall pay with its
| 22 | | application a non-refundable application fee in the amount of | 23 | | $500, which
shall be deposited upon receipt by the Commission | 24 | | into the Self-Insurers Security
Administration Fund and used | 25 | | only for the purposes set forth in Sections 4a-1 through 4a-9 |
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| 1 | | this
Section . An application fee shall be required of each | 2 | | corporation and each
and every corporate subsidiary.
| 3 | | (b) The Board shall meet no less than quarterly and shall | 4 | | meet at other
times upon the call of the Chairman, issued to | 5 | | the Trustees in writing no less
than 48 hours prior to the day | 6 | | and hour of the meeting, or upon a request
for a meeting | 7 | | presented in writing to the Chairman no less than 72 hours
| 8 | | prior to the proposed day and hour of the meeting and signed by | 9 | | at least a
majority of the Trustees, whereupon the Chairman | 10 | | shall provide notice
issued in writing to the Trustees no less | 11 | | than 48 hours prior to the meeting
and shall convene the | 12 | | meeting at the time and place stated in the request.
| 13 | | (c) Four Trustees shall constitute a quorum to transact | 14 | | business at any
meeting, and the affirmative vote of four | 15 | | Trustees shall be necessary for
any action taken by the Board. | 16 | | No vacancy shall otherwise impair the
rights of the remaining | 17 | | Trustees to exercise all of the powers of the Board.
| 18 | | (d) The Board shall serve without compensation, but each | 19 | | member shall be
entitled to be reimbursed for necessary and | 20 | | actual expenses incurred in the
discharge of his official | 21 | | duties.
| 22 | | (e) The Board shall have the right to sue and be sued in | 23 | | the name of the
Commission.
| 24 | | (Source: P.A. 85-1385.)
| 25 | | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
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| 1 | | Sec. 4a-5. There is hereby created a Self-Insurers Security | 2 | | Fund. The State
Treasurer shall be the ex officio ex-officio | 3 | | custodian of the Self-Insurers Security
Fund. Moneys in the | 4 | | Fund shall be deposited in a separate account in the
same | 5 | | manner as are State Funds and any interest accruing thereon | 6 | | shall be
added thereto every 6 months. It shall be subject to | 7 | | audit the same as
State funds and accounts and shall be | 8 | | protected by the general bond given
by the State Treasurer. The | 9 | | funds in the Self-Insurers Security Fund shall
not be subject | 10 | | to appropriation and shall be made available for the
purposes | 11 | | of compensating employees who are eligible to receive benefits
| 12 | | from their employers pursuant to the provisions of the Workers'
| 13 | | Compensation Act or Workers' Occupational Diseases Act, when, | 14 | | pursuant to
this Section, the Board has determined that a | 15 | | private self-insurer has
become an insolvent self-insurer and | 16 | | is unable to pay compensation benefits
due to financial | 17 | | insolvency. Moneys in the Fund may be used to compensate
any | 18 | | type of injury or occupational disease which is compensable | 19 | | under either
Act, and all claims for related administrative | 20 | | fees,
operating costs of the Board, attorney's fees, and other | 21 | | costs reasonably
incurred by the Board. Moneys At the | 22 | | discretion of the Chairman, moneys in the Self-Insurers | 23 | | Security Fund may also be used for paying the salaries and | 24 | | benefits of the Self-Insurers Advisory Board employees and the | 25 | | operating costs of the Board. Payment from the Self-Insurers | 26 | | Security Fund shall
be made by the Comptroller only upon the |
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| 1 | | authorization of the Chairman as
evidenced by properly | 2 | | certified vouchers of the Commission, upon the
direction of the | 3 | | Board.
| 4 | | (Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
| 5 | | (820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
| 6 | | Sec. 4a-6.1.
There is hereby created a Self-Insurers | 7 | | Administration
Fund. The State Treasurer shall be the | 8 | | ex-officio custodian of the
Self-Insurers Administration Fund. | 9 | | Monies in the Self-Insurers
Administration Fund shall be | 10 | | deposited in a separate account in the same
manner as are State | 11 | | Funds, and any interest accruing thereon shall be added
thereto | 12 | | every 6 months. It shall be subject to audit the same as State
| 13 | | funds and accounts and shall be protected by the general bond | 14 | | given by the
State Treasurer. The funds in the Self-Insurers | 15 | | Administration Fund shall
not be subject to appropriation and | 16 | | shall be made available only for paying
the salaries and | 17 | | benefits of the Self-Insurers Advisory Board employees and
the | 18 | | operating costs of the Board. Payment from the Self-Insurers
| 19 | | Administration Fund shall be made by the Comptroller only upon | 20 | | the
authorization of the Chairman as evidenced by properly | 21 | | certified vouchers
of the Commission. Within 60 days after the | 22 | | effective date of this amendatory Act of the 101st General | 23 | | Assembly, the Secretary of the Commission shall transfer all | 24 | | remaining funds to the Self-Insurers Security Fund for use | 25 | | consistent with the provisions of Section 4a-5. Prior to July |
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| 1 | | 1, 2020, the State Treasurer shall dissolve the Self-Insurers | 2 | | Administration Fund and close any related accounts.
| 3 | | (Source: P.A. 85-1385.)
| 4 | | (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
| 5 | | Sec. 4a-7. (a) The Commission may upon direction of the | 6 | | Board from time
to time assess each of the private | 7 | | self-insurers a pro rata share of the
funding reasonably | 8 | | necessary to carry out its activities under Sections 4a-1 | 9 | | through 4a-9 this
Section . The prorations shall be made on the | 10 | | basis of each self-insured's
most recent payment into the rate | 11 | | adjustment fund under Section 7(f) of
this Act. In no event | 12 | | shall a private self-insurer be assessed at one time
in excess | 13 | | of .6% of the compensation paid by that private self-insurer
| 14 | | during the previous calendar year for claims incurred as a | 15 | | self-insurer.
Total assessments against it in any calendar year | 16 | | shall not exceed 1.2% of
the compensation it has paid during | 17 | | the previous calendar year as a
self-insurer for claims | 18 | | incurred. Funds obtained by such assessments shall
be used only | 19 | | for the purposes set forth in Sections 4a-1 through 4a-9 this | 20 | | Section , and shall be
deposited upon receipt by the Commission | 21 | | into the Self-Insurers Security
Fund. If payment of any | 22 | | assessment made under this subsection is not made
within 30 | 23 | | days of the sending of the notice to the private self-insurer,
| 24 | | the Commission at the direction of the Board shall proceed in | 25 | | circuit court for
judgment against that private self-insurer |
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| 1 | | which judgment shall include the
amount of the assessment, the | 2 | | costs of suit, interest and reasonable attorneys' fees.
| 3 | | (b) A private self-insurer which ceases to be a | 4 | | self-insurer shall be
liable for any and all assessments made | 5 | | pursuant to this Section during
the period following the date | 6 | | its certificate of authority to
self-insure is withdrawn, | 7 | | revoked or surrendered until such time as it
has discharged all | 8 | | obligations to pay compensation which arose during the
period | 9 | | of time said former self-insurer was self-insured. Assessments | 10 | | of
such a former private self-insurer shall be based on the | 11 | | compensation paid
by the former private self-insurer during the | 12 | | preceding calendar year on
claims that arose during the period | 13 | | of time said former private
self-insurer was self-insured.
| 14 | | (c) The Board on behalf of the Commission shall annually | 15 | | contract for an
independent certified audit of the financial | 16 | | activities of the Fund, and an
annual report as of June 30 | 17 | | shall be submitted promptly by the Board to
the Chairman of the | 18 | | Illinois Workers' Compensation Commission and to each Trustee. | 19 | | Written
reports of all activities shall be submitted to the | 20 | | Commission by the Board
on a monthly basis.
| 21 | | (d) If there are monies remaining in the Fund after all | 22 | | outstanding
obligations of all insolvent self-insurers have | 23 | | been satisfied and the
costs of administration and defense have | 24 | | been paid, such amounts shall be
returned by the Commission | 25 | | from the Fund as directed by the Board to the
then private | 26 | | self-insurers in that proportion which each said private
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| 1 | | self-insurer has contributed to the Fund one year thereafter, | 2 | | provided no
outstanding liabilities remain against the Fund.
| 3 | | (e) Each private self-insurer shall be subject to the | 4 | | direction of the
Commission as provided in Sections 4a-1 | 5 | | through 4a-9 this Section as a condition of obtaining and
| 6 | | maintaining its certificate of authority to self-insure.
| 7 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 8 | | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
| 9 | | Sec. 13. There is created an Illinois Workers' Compensation | 10 | | Commission consisting of 10
members to be appointed by the | 11 | | Governor, by and with the consent of the
Senate, 3 of whom | 12 | | shall be representative citizens of the
employing class | 13 | | operating under this Act and 3 of whom shall
be from a labor | 14 | | organization recognized under the National Labor Relations Act | 15 | | or an attorney who has represented labor organizations or has | 16 | | represented employees in workers' compensation cases, and 4 of | 17 | | whom shall be representative citizens not identified
with | 18 | | either the employing or employee classes. Not more than 6 | 19 | | members
of the Commission shall be of the same political party. | 20 | | Each Commissioner appointed on or after the effective date of | 21 | | this amendatory Act of the 101st General Assembly shall be | 22 | | required to be authorized to practice law in this State by the | 23 | | Illinois Supreme Court and to maintain this authorization | 24 | | throughout his or her term of employment.
| 25 | | One of the
members not identified with either the employing |
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| 1 | | or employee classes shall
be designated by the Governor as | 2 | | Chairman. The Chairman shall be the chief
administrative and | 3 | | executive officer of the Commission; and he or she shall
have | 4 | | general supervisory authority over all personnel of the | 5 | | Commission,
including arbitrators and Commissioners, and the | 6 | | final authority in all
administrative matters relating to the | 7 | | Commissioners, including but not
limited to the assignment and | 8 | | distribution of cases and assignment of
Commissioners to the | 9 | | panels, except in the promulgation of procedural rules
and | 10 | | orders under Section 16 and in the determination of cases under | 11 | | this Act.
| 12 | | Notwithstanding the general supervisory authority of the | 13 | | Chairman, each
Commissioner, except those assigned to the | 14 | | temporary panel, shall have the
authority to hire and supervise | 15 | | 2 staff attorneys each. Such staff attorneys
shall report | 16 | | directly to the individual Commissioner.
| 17 | | A formal training program for newly-appointed | 18 | | Commissioners shall be
implemented. The training program shall | 19 | | include the following:
| 20 | | (a) substantive and procedural aspects of the office of | 21 | | Commissioner;
| 22 | | (b) current issues in workers' compensation law and | 23 | | practice;
| 24 | | (c) medical lectures by specialists in areas such as | 25 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 26 | | 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 and | 4 | | Commissioners conducting
hearings of cases, combined with | 5 | | the opportunity to discuss evidence
presented and rulings | 6 | | made;
| 7 | | (f) the use of hypothetical cases requiring the | 8 | | newly-appointed
Commissioner to issue judgments as a means | 9 | | to evaluating knowledge and
writing ability;
| 10 | | (g) writing skills;
| 11 | | (h) professional and ethical standards pursuant to | 12 | | Section 1.1 of this Act; | 13 | | (i) detection of workers' compensation fraud and | 14 | | reporting obligations of Commission employees and | 15 | | appointees; | 16 | | (j) standards of evidence-based medical treatment and | 17 | | best practices for measuring and improving quality and | 18 | | health care outcomes in the workers' compensation system, | 19 | | including but not limited to the use of the American | 20 | | Medical Association's "Guides to the Evaluation of | 21 | | Permanent Impairment" and the practice of utilization | 22 | | review; and | 23 | | (k) substantive and procedural aspects of coal | 24 | | workers' pneumoconiosis (black lung) cases. | 25 | | A formal and ongoing professional development program | 26 | | including, but not
limited to, the above-noted areas shall be |
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| 1 | | implemented to keep
Commissioners informed of recent | 2 | | developments and issues and to assist them
in maintaining and | 3 | | enhancing their professional competence. Each Commissioner | 4 | | shall complete 20 hours of training in the above-noted areas | 5 | | during every 2 years such Commissioner shall remain in office.
| 6 | | The Commissioner candidates, other than the Chairman, must | 7 | | meet one of
the following qualifications: (a) licensed to | 8 | | practice law in the State of
Illinois; or (b) served as an | 9 | | arbitrator at the Illinois Workers' Compensation
Commission | 10 | | for at least 3 years; or (c) has at least 4 years of
| 11 | | professional labor relations experience. The Chairman | 12 | | candidate must have
public or private sector management and | 13 | | budget experience, as determined
by the Governor.
| 14 | | Each Commissioner shall devote full time to his duties and | 15 | | any
Commissioner who is an attorney-at-law shall not engage in | 16 | | the practice
of law, nor shall any Commissioner hold any other | 17 | | office or position of
profit under the United States or this | 18 | | State or any municipal
corporation or political subdivision of | 19 | | this State, nor engage in any other
business, employment, or | 20 | | vocation.
| 21 | | The term of office of each member of the Commission holding | 22 | | office on
the effective date of this amendatory Act of 1989 is | 23 | | abolished, but
the incumbents shall continue to exercise all of | 24 | | the powers and be subject
to all of the duties of Commissioners | 25 | | until their respective successors are
appointed and qualified.
| 26 | | The Illinois Workers' Compensation Commission shall |
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| 1 | | administer this Act.
| 2 | | In the promulgation of procedural rules, the determination | 3 | | of cases heard en banc, and other matters determined by the | 4 | | full Commission, the Chairman's vote shall break a tie in the | 5 | | event of a tie vote.
| 6 | | The members shall be appointed by the Governor, with the | 7 | | advice and
consent of the Senate, as follows:
| 8 | | (a) After the effective date of this amendatory Act of | 9 | | 1989, 3
members, at least one of
each political party, and | 10 | | one of whom shall be a representative citizen
of the | 11 | | employing class operating under this Act, one of whom shall | 12 | | be
a representative citizen of the class of employees | 13 | | covered under this
Act, and one of whom shall be a | 14 | | representative citizen not identified
with either the | 15 | | employing or employee classes, shall be appointed
to hold | 16 | | office until the third Monday in January of 1993, and until | 17 | | their
successors are appointed and qualified, and 4 | 18 | | members, one of whom shall be
a representative citizen of | 19 | | the employing class operating under this Act,
one of whom | 20 | | shall be a representative citizen of the class of employees
| 21 | | covered in this Act, and two of whom shall be | 22 | | representative citizens not
identified with either the | 23 | | employing or employee classes, one of whom shall
be | 24 | | designated by the Governor as Chairman (at least one of | 25 | | each of the two
major political parties) shall be appointed | 26 | | to hold office until the third
Monday of January in 1991, |
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| 1 | | and until their successors are appointed and
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 covered | 26 | | under this Act, and one of whom shall be a representative |
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| 1 | | citizen not identified with either the employing or | 2 | | employee classes. Of the members appointed under this | 3 | | amendatory Act of the 94th General Assembly, one shall be | 4 | | appointed for a term ending on the third Monday in January, | 5 | | 2007, and 2 shall be appointed for terms ending on the | 6 | | third Monday in January, 2009, and until their successors | 7 | | 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 | | The Chairman shall receive an annual salary of $42,500, or
| 16 | | a salary set by the Compensation Review Board, whichever is | 17 | | greater,
and each other member shall receive an annual salary | 18 | | of $38,000, or a
salary set by the Compensation Review Board, | 19 | | whichever is greater.
| 20 | | After the effective date of this amendatory Act of the | 21 | | 101st General Assembly, each Commissioner shall receive an | 22 | | annual salary of 70% of a Circuit Court Judge in the Judicial | 23 | | Court constituted by the First Judicial District under the | 24 | | Salaries Act and the Chairman shall receive an annual salary of | 25 | | 5% more than the other Commissioners. | 26 | | In case of a vacancy in the office of a Commissioner during |
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| 1 | | the
recess of the Senate, the Governor shall make a temporary | 2 | | appointment
until the next meeting of the Senate, when he shall | 3 | | nominate some person
to fill such office. Any person so | 4 | | nominated who is confirmed by the
Senate shall hold office | 5 | | during the remainder of the term and until his
successor is | 6 | | appointed and qualified.
| 7 | | The Illinois Workers' Compensation Commission created by | 8 | | this amendatory Act of 1989
shall succeed to all the rights, | 9 | | powers, duties, obligations, records
and other property and | 10 | | employees of the Industrial Commission which it
replaces as | 11 | | modified by this amendatory Act of 1989 and all applications
| 12 | | and reports to actions and proceedings of such prior Industrial | 13 | | Commission
shall be considered as applications and reports to | 14 | | actions and proceedings
of the Illinois Workers' Compensation | 15 | | Commission created by this amendatory Act of 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 to | 21 | | serve as acting Commissioner. The certified
arbitrator shall | 22 | | act as a Commissioner until the member resumes the duties
of | 23 | | his or her office or until a new member is appointed by the | 24 | | Governor, by
and with the consent of the Senate, if a vacancy | 25 | | occurs in the office of
the Commissioner, but in no event shall | 26 | | a certified arbitrator serve in the
capacity of Commissioner |
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| 1 | | for more than 6 months from the date of
appointment by the | 2 | | Chairman. A finding by the Chairman that a member is or
will be | 3 | | unavailable to fulfill the responsibilities of his or her | 4 | | office
shall be based upon notice to the Chairman by a member | 5 | | that he or she will
be unavailable or facts and circumstances | 6 | | made known to the Chairman which
lead him to reasonably find | 7 | | that a member is unavailable to fulfill the
responsibilities of | 8 | | his or her office. The designation of a certified
arbitrator to | 9 | | act as a Commissioner shall be considered representative of
| 10 | | citizens not identified with either the employing or employee | 11 | | classes and
the arbitrator shall serve regardless of his or her | 12 | | political affiliation.
A certified arbitrator who serves as an | 13 | | acting Commissioner shall have all
the rights and powers of a | 14 | | Commissioner, including salary.
| 15 | | Notwithstanding any other provision of this Act, the | 16 | | Governor shall appoint
a special panel of Commissioners | 17 | | comprised of 3 members who shall be chosen
by the Governor, by | 18 | | and with the consent of the Senate, from among the
current | 19 | | ranks of certified arbitrators. Three members shall hold office
| 20 | | until the Commission in consultation with the Governor | 21 | | determines that the
caseload on review has been reduced | 22 | | sufficiently to allow cases to proceed
in a timely manner or | 23 | | for a term of 18 months from the effective date of
their | 24 | | appointment by the Governor, whichever shall be earlier. The 3
| 25 | | members shall be considered representative of citizens not | 26 | | identified with
either the employing or employee classes and |
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| 1 | | shall serve regardless of
political affiliation. Each of the 3 | 2 | | members shall have only such rights
and powers of a | 3 | | Commissioner necessary to dispose of those cases assigned
to | 4 | | the special panel. Each of the 3 members appointed to the | 5 | | special panel
shall receive the same salary as other | 6 | | Commissioners for the duration of
the panel.
| 7 | | The Commission may have an Executive Director; if so, the | 8 | | Executive
Director shall be appointed by the Governor with the | 9 | | advice and consent of the
Senate. The salary and duties of the | 10 | | Executive Director shall be fixed by the
Commission.
| 11 | | On the effective date of this amendatory Act of
the 93rd | 12 | | General Assembly, the name of the Industrial Commission is | 13 | | changed to the Illinois Workers' Compensation Commission. | 14 | | References in any law, appropriation, rule, form, or other
| 15 | | document: (i) to the Industrial Commission
are deemed, in | 16 | | appropriate contexts, to be references to the Illinois Workers' | 17 | | Compensation Commission for all purposes; (ii) to the | 18 | | Industrial Commission Operations Fund
are deemed, in | 19 | | appropriate contexts, to be references to the Illinois Workers' | 20 | | Compensation Commission Operations Fund for all purposes; | 21 | | (iii) to the Industrial Commission Operations Fund Fee are | 22 | | deemed, in appropriate contexts, to be
references to the | 23 | | Illinois Workers' Compensation Commission Operations Fund Fee | 24 | | for all
purposes; and (iv) to the Industrial Commission | 25 | | Operations Fund Surcharge are deemed, in appropriate contexts, | 26 | | to be
references to the Illinois Workers' Compensation |
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| 1 | | Commission Operations Fund Surcharge for all
purposes. | 2 | | (Source: P.A. 101-384, eff. 1-1-20 .)
| 3 | | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| 4 | | Sec. 14. The Commission shall appoint a secretary and , an | 5 | | assistant
secretary , and arbitrators and shall employ such
| 6 | | assistants and clerical help as may be necessary. Arbitrators | 7 | | shall be appointed pursuant to this Section, notwithstanding | 8 | | any provision of the Personnel Code.
| 9 | | Each arbitrator appointed after June 28, 2011 shall be | 10 | | required
to demonstrate in writing his or
her knowledge of and | 11 | | expertise in the law of and judicial processes of
the Workers' | 12 | | Compensation Act and the Workers' Occupational Diseases Act.
| 13 | | A formal training program for newly-hired arbitrators | 14 | | shall be
implemented. The training program shall include the | 15 | | following:
| 16 | | (a) substantive and procedural aspects of the | 17 | | arbitrator position;
| 18 | | (b) current issues in workers' compensation law and | 19 | | practice;
| 20 | | (c) medical lectures by specialists in areas such as | 21 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 22 | | counseling;
| 23 | | (d) orientation to each operational unit of the | 24 | | Illinois Workers' Compensation Commission;
| 25 | | (e) observation of experienced arbitrators conducting |
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| 1 | | hearings of cases,
combined with the opportunity to discuss | 2 | | evidence presented and rulings made;
| 3 | | (f) the use of hypothetical cases requiring the trainee | 4 | | to issue
judgments as a means to evaluating knowledge and | 5 | | writing ability;
| 6 | | (g) writing skills;
| 7 | | (h) professional and ethical standards pursuant to | 8 | | Section 1.1 of this Act; | 9 | | (i) detection of workers' compensation fraud and | 10 | | reporting obligations of Commission employees and | 11 | | appointees; | 12 | | (j) standards of evidence-based medical treatment and | 13 | | best practices for measuring and improving quality and | 14 | | health care outcomes in the workers' compensation system, | 15 | | including but not limited to the use of the American | 16 | | Medical Association's "Guides to the Evaluation of | 17 | | Permanent Impairment" and the practice of utilization | 18 | | review; and | 19 | | (k) substantive and procedural aspects of coal | 20 | | workers' pneumoconiosis (black lung) cases. | 21 | | A formal and ongoing professional development program | 22 | | including, but not
limited to, the above-noted areas shall be | 23 | | implemented to keep arbitrators
informed of recent | 24 | | developments and issues and to assist them in
maintaining and | 25 | | enhancing their professional competence. Each arbitrator shall | 26 | | complete 20 hours of training in the above-noted areas during |
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| 1 | | every 2 years such arbitrator shall remain in office.
| 2 | | Each
arbitrator shall devote full time to his or her duties | 3 | | and shall serve when
assigned as
an acting Commissioner when a | 4 | | Commissioner is unavailable in accordance
with the provisions | 5 | | of Section 13 of this Act. Any
arbitrator who is an | 6 | | attorney-at-law shall not engage in the practice of
law, nor | 7 | | shall any arbitrator hold any other office or position of
| 8 | | profit under the United States or this State or any municipal
| 9 | | corporation or political subdivision of this State.
| 10 | | Notwithstanding any other provision of this Act to the | 11 | | contrary, an arbitrator
who serves as an acting Commissioner in | 12 | | accordance with the provisions of
Section 13 of this Act shall | 13 | | continue to serve in the capacity of Commissioner
until a | 14 | | decision is reached in every case heard by that arbitrator | 15 | | while
serving as an acting Commissioner.
| 16 | | Notwithstanding any other provision of this Section, the | 17 | | term of all arbitrators serving on June 28, 2011 (the effective | 18 | | date of Public Act 97-18), including any arbitrators on | 19 | | administrative leave, shall terminate at the close of business | 20 | | on July 1, 2011, but the incumbents shall continue to exercise | 21 | | all of their duties until they are reappointed or their | 22 | | successors are appointed. | 23 | | On and after June 28, 2011 (the effective date of Public | 24 | | Act 97-18), arbitrators shall be appointed to 3-year terms as | 25 | | follows: | 26 | | (1) All appointments shall be made by the Governor with |
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| 1 | | the advice and consent of the Senate. | 2 | | (2) For their initial appointments, 12 arbitrators | 3 | | shall be appointed to terms expiring July 1, 2012; 12 | 4 | | arbitrators shall be appointed to terms expiring July 1, | 5 | | 2013; and all additional arbitrators shall be appointed to | 6 | | terms expiring July 1, 2014. Thereafter, all arbitrators | 7 | | shall be appointed to 3-year terms. | 8 | | Upon the expiration of a term, the Chairman shall evaluate | 9 | | the performance of the arbitrator and may recommend to the | 10 | | Governor that he or she be reappointed to a second or | 11 | | subsequent term by the Governor with the advice and consent of | 12 | | the Senate. | 13 | | Each arbitrator appointed on or after June 28, 2011 (the | 14 | | effective date of Public Act 97-18) and who has not previously | 15 | | served as an arbitrator for the Commission shall be required to | 16 | | be authorized to practice law in this State by the Supreme | 17 | | Court, and to maintain this authorization throughout his or her | 18 | | term of employment.
| 19 | | The performance of all arbitrators shall be reviewed by the | 20 | | Chairman every other year, or more at the discretion of the | 21 | | Chairman on
an annual basis . The Chairman shall allow input | 22 | | from the Commissioners in
all such reviews.
| 23 | | The Commission shall assign no fewer than 3 arbitrators to | 24 | | each hearing site. The Commission shall establish a procedure | 25 | | to ensure that the arbitrators assigned to each hearing site | 26 | | are assigned cases on a random basis. No arbitrator shall hear |
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| 1 | | cases in any county, other than Cook County, for more than 4 2 | 2 | | years consecutively in each 3-year term . | 3 | | The Secretary and each arbitrator shall receive a per annum | 4 | | salary of
5% $4,000 less than the per annum salary of members | 5 | | of The
Illinois Workers' Compensation Commission as
provided in | 6 | | Section 13 of this Act, payable in equal monthly installments.
| 7 | | On and after the effective date of this amendatory Act of | 8 | | the 101st General Assembly, the Secretary and each arbitrator | 9 | | shall receive a per annum salary of 5% less than the per annum | 10 | | salary of members of the Illinois Workers' Compensation | 11 | | Commission as provided in Section 13 of this Act, payable in | 12 | | equal monthly installments. | 13 | | The members of the Commission, Arbitrators and other | 14 | | employees whose
duties require them to travel, shall have | 15 | | reimbursed to them their
actual traveling expenses and | 16 | | disbursements made or incurred by them in
the discharge of | 17 | | their official duties while away from their place of
residence | 18 | | in the performance of their duties.
| 19 | | The Commission shall provide itself with a seal for the
| 20 | | authentication of its orders, awards and proceedings upon which | 21 | | shall be
inscribed the name of the Commission and the words | 22 | | "Illinois--Seal".
| 23 | | The Secretary or Assistant Secretary, under the direction | 24 | | of the
Commission, shall have charge and custody of the seal of | 25 | | the Commission
and also have charge and custody of all records, | 26 | | files, orders,
proceedings, decisions, awards and other |
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| 1 | | documents on file with the
Commission. He shall furnish | 2 | | certified copies, under the seal of the
Commission, of any such | 3 | | records, files, orders, proceedings, decisions,
awards and | 4 | | other documents on file with the Commission as may be
required. | 5 | | Certified copies so furnished by the Secretary or Assistant
| 6 | | Secretary shall be received in evidence before the Commission | 7 | | or any
Arbitrator thereof, and in all courts, provided that the | 8 | | original of
such certified copy is otherwise competent and | 9 | | admissible in evidence.
The Secretary or Assistant Secretary | 10 | | shall perform such other duties as
may be prescribed from time | 11 | | to time by the Commission.
| 12 | | (Source: P.A. 98-40, eff. 6-28-13; 99-642, eff. 7-28-16.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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