| ||||
Public Act 102-0910 | ||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Workers' Compensation Act is amended by | ||||
changing Sections 4a-2, 4a-4, 4a-5, 4a-6.1, 4a-7, 13, and 14 | ||||
as follows:
| ||||
(820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
| ||||
Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
| ||||
(a) "Board" means the Self-Insurers Advisory Board created | ||||
by Section 4a-1.
| ||||
(b) "Chairman" means the Chairman of the Illinois Workers' | ||||
Compensation Commission.
| ||||
(c) "Private self-insurer" means a private employer that | ||||
has been
authorized to self-insure its payment of workers' | ||||
compensation benefits
pursuant to subsection (a) of Section 4 | ||||
of this Act or to self-insure its
payment of occupational | ||||
disease benefits pursuant to subsection (a) of
Section 4 of | ||||
the Workers' Occupational Diseases Act but does not include
| ||||
group self-insured employers under Section 4a of this Act or | ||||
Section 4a of
the Workers' Occupational Diseases Act or the | ||||
State of Illinois, any
political subdivision of the State, | ||||
unit of local government or school
district, or any other | ||||
public authorities or quasi-governmental bodies
including any |
subunits of the foregoing entities.
| ||
(d) "Insolvent self-insurer" means a private self-insurer | ||
financially
unable to pay compensation due under this Act, | ||
which (i) has filed either prior
to or after the effective date | ||
of this Section or (ii) is the subject party
in any proceeding | ||
under the Federal Bankruptcy Reform Act of 1978, or is
the | ||
subject party in any proceeding in which a receiver, | ||
custodian,
liquidator, rehabilitator, sequestrator, trustee or | ||
similar officer has
been appointed by any Court to act in lieu | ||
of or on behalf of that self-insurer.
| ||
(e) "Fund" means the Self-Insurers Security Fund | ||
established by Section 4a-5.
| ||
(f) "Trustee" means a member of the Self-Insurers Advisory | ||
Board.
| ||
(g) (Blank). "Self-Insurers Administration Fund" means the | ||
Fund established by Section 4a-6.1.
| ||
(h) "Application fee" means the application fee provided | ||
for in Section 4a-4.
| ||
(Source: P.A. 93-721, eff. 1-1-05.)
| ||
(820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
| ||
Sec. 4a-4.
The Self-Insurers Advisory Board shall possess | ||
all powers
necessary and convenient to accomplish the objects | ||
prescribed by this Act,
including but not limited to the | ||
following:
| ||
(a) The Board shall make such bylaws, rules, regulations |
and resolutions
as are necessary to carry out its | ||
responsibilities. The Board may carry
out its responsibilities | ||
directly or by contract or other instrument, and
may purchase | ||
such services and collect and borrow such funds as it deems
| ||
necessary to effectuate its activities and protect the members | ||
of the Board
and its employees. The Board shall appoint, | ||
retain and employ such persons
as it deems necessary to | ||
achieve the purposes of the Board. The Chairman
shall be the | ||
chief administrative officer of the Board, and he or she shall
| ||
have general supervisory authority over all employees of the | ||
Board. Designated
employees shall be subject to the Illinois | ||
Personnel Code. All expenses
incurred pursuant to this | ||
provision shall be paid from the Self-Insurers
Security | ||
Administration Fund. Each private self-insurer applying for | ||
self-insurance
and for renewal of the self-insurance privilege | ||
shall pay with its
application a non-refundable application | ||
fee in the amount of $500, which
shall be deposited upon | ||
receipt by the Commission into the Self-Insurers Security
| ||
Administration Fund and used only for the purposes set forth | ||
in Sections 4a-1 through 4a-9 this
Section . An application fee | ||
shall be required of each corporation and each
and every | ||
corporate subsidiary.
| ||
(b) The Board shall meet no less than quarterly and shall | ||
meet at other
times upon the call of the Chairman, issued to | ||
the Trustees in writing no less
than 48 hours prior to the day | ||
and hour of the meeting, or upon a request
for a meeting |
presented in writing to the Chairman no less than 72 hours
| ||
prior to the proposed day and hour of the meeting and signed by | ||
at least a
majority of the Trustees, whereupon the Chairman | ||
shall provide notice
issued in writing to the Trustees no less | ||
than 48 hours prior to the meeting
and shall convene the | ||
meeting at the time and place stated in the request.
| ||
(c) Four Trustees shall constitute a quorum to transact | ||
business at any
meeting, and the affirmative vote of four | ||
Trustees shall be necessary for
any action taken by the Board. | ||
No vacancy shall otherwise impair the
rights of the remaining | ||
Trustees to exercise all of the powers of the Board.
| ||
(d) The Board shall serve without compensation, but each | ||
member shall be
entitled to be reimbursed for necessary and | ||
actual expenses incurred in the
discharge of his official | ||
duties.
| ||
(e) The Board shall have the right to sue and be sued in | ||
the name of the
Commission.
| ||
(Source: P.A. 85-1385.)
| ||
(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
| ||
Sec. 4a-5. There is hereby created a Self-Insurers | ||
Security Fund. The State
Treasurer shall be the ex officio | ||
custodian of the Self-Insurers Security
Fund. Moneys in the | ||
Fund shall be deposited in a separate account in the
same | ||
manner as are State Funds and any interest accruing thereon | ||
shall be
added thereto every 6 months. It shall be subject to |
audit the same as
State funds and accounts and shall be | ||
protected by the general bond given
by the State Treasurer. | ||
The funds in the Self-Insurers Security Fund shall
not be | ||
subject to appropriation and shall be made available for the
| ||
purposes of compensating employees who are eligible to receive | ||
benefits
from their employers pursuant to the provisions of | ||
the Workers'
Compensation Act or Workers' Occupational | ||
Diseases Act, when, pursuant to
this Section, the Board has | ||
determined that a private self-insurer has
become an insolvent | ||
self-insurer and is unable to pay compensation benefits
due to | ||
financial insolvency. Moneys in the Fund may be used to | ||
compensate
any type of injury or occupational disease which is | ||
compensable under either
Act, and all claims for related | ||
administrative fees,
operating costs of the Board, attorney's | ||
fees, and other costs reasonably
incurred by the Board. Moneys | ||
At the discretion of the Chairman, moneys in the Self-Insurers | ||
Security Fund may also be used for paying the salaries and | ||
benefits of the Self-Insurers Advisory Board employees and the | ||
operating costs of the Board. Payment from the Self-Insurers | ||
Security Fund shall
be made by the Comptroller only upon the | ||
authorization of the Chairman as
evidenced by properly | ||
certified vouchers of the Commission, upon the
direction of | ||
the Board.
| ||
(Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||
(820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
|
Sec. 4a-6.1.
There is hereby created a Self-Insurers | ||
Administration
Fund. The State Treasurer shall be the | ||
ex-officio custodian of the
Self-Insurers Administration Fund. | ||
Monies in the Self-Insurers
Administration Fund shall be | ||
deposited in a separate account in the same
manner as are State | ||
Funds, and any interest accruing thereon shall be added
| ||
thereto every 6 months. It shall be subject to audit the same | ||
as State
funds and accounts and shall be protected by the | ||
general bond given by the
State Treasurer. The funds in the | ||
Self-Insurers Administration Fund shall
not be subject to | ||
appropriation and shall be made available only for paying
the | ||
salaries and benefits of the Self-Insurers Advisory Board | ||
employees and
the operating costs of the Board. Payment from | ||
the Self-Insurers
Administration Fund shall be made by the | ||
Comptroller only upon the
authorization of the Chairman as | ||
evidenced by properly certified vouchers
of the Commission. | ||
Notwithstanding any other provision of law, in addition to any | ||
other transfers that may be provided by law, on the effective | ||
date of this amendatory Act of the 102nd General Assembly, or | ||
as soon thereafter as practical, the State Comptroller shall | ||
direct and the State Treasurer shall transfer the remaining | ||
balance from the Self-Insurers Administration Fund into the | ||
Self-Insurers Security Fund. Upon completion of the transfers, | ||
the Self-Insurers Administration Fund is dissolved, and any | ||
future deposits due to the Self-Insurers Administration Fund | ||
and any outstanding obligations or liabilities of the |
Self-Insurers Administration Fund pass to the Self-Insurers | ||
Security Fund.
| ||
(Source: P.A. 85-1385.)
| ||
(820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
| ||
Sec. 4a-7. (a) The Commission may upon direction of the | ||
Board from time
to time assess each of the private | ||
self-insurers a pro rata share of the
funding reasonably | ||
necessary to carry out its activities under Sections 4a-1 | ||
through 4a-9 this
Section . The prorations shall be made on the | ||
basis of each self-insured's
most recent payment into the rate | ||
adjustment fund under Section 7(f) of
this Act. In no event | ||
shall a private self-insurer be assessed at one time
in excess | ||
of .6% of the compensation paid by that private self-insurer
| ||
during the previous calendar year for claims incurred as a | ||
self-insurer.
Total assessments against it in any calendar | ||
year shall not exceed 1.2% of
the compensation it has paid | ||
during the previous calendar year as a
self-insurer for claims | ||
incurred. Funds obtained by such assessments shall
be used | ||
only for the purposes set forth in Sections 4a-1 through 4a-9 | ||
this Section , and shall be
deposited upon receipt by the | ||
Commission into the Self-Insurers Security
Fund. If payment of | ||
any assessment made under this subsection is not made
within | ||
30 days of the sending of the notice to the private | ||
self-insurer,
the Commission at the direction of the Board | ||
shall proceed in circuit court for
judgment against that |
private self-insurer which judgment shall include the
amount | ||
of the assessment, the costs of suit, interest and reasonable | ||
attorneys' fees.
| ||
(b) A private self-insurer which ceases to be a | ||
self-insurer shall be
liable for any and all assessments made | ||
pursuant to this Section during
the period following the date | ||
its certificate of authority to
self-insure is withdrawn, | ||
revoked or surrendered until such time as it
has discharged | ||
all obligations to pay compensation which arose during the
| ||
period of time said former self-insurer was self-insured. | ||
Assessments of
such a former private self-insurer shall be | ||
based on the compensation paid
by the former private | ||
self-insurer during the preceding calendar year on
claims that | ||
arose during the period of time said former private
| ||
self-insurer was self-insured.
| ||
(c) The Board on behalf of the Commission shall annually | ||
contract for an
independent certified audit of the financial | ||
activities of the Fund, and an
annual report as of June 30 | ||
shall be submitted promptly by the Board to
the Chairman of the | ||
Illinois Workers' Compensation Commission and to each Trustee. | ||
Written
reports of all activities shall be submitted to the | ||
Commission by the Board
on a monthly basis.
| ||
(d) If there are monies remaining in the Fund after all | ||
outstanding
obligations of all insolvent self-insurers have | ||
been satisfied and the
costs of administration and defense | ||
have been paid, such amounts shall be
returned by the |
Commission from the Fund as directed by the Board to the
then | ||
private self-insurers in that proportion which each said | ||
private
self-insurer has contributed to the Fund one year | ||
thereafter, provided no
outstanding liabilities remain against | ||
the Fund.
| ||
(e) Each private self-insurer shall be subject to the | ||
direction of the
Commission as provided in Sections 4a-1 | ||
through 4a-9 this Section as a condition of obtaining and
| ||
maintaining its certificate of authority to self-insure.
| ||
(Source: P.A. 93-721, eff. 1-1-05.)
| ||
(820 ILCS 305/13) (from Ch. 48, par. 138.13)
| ||
Sec. 13. There is created an Illinois Workers' | ||
Compensation Commission consisting of 10
members to be | ||
appointed by the Governor, by and with the consent of the
| ||
Senate, 3 of whom shall be representative citizens of the
| ||
employing class operating under this Act and 3 of whom shall
be | ||
from a labor organization recognized under the National Labor | ||
Relations Act or an attorney who has represented labor | ||
organizations or has represented employees in workers' | ||
compensation cases, and 4 of whom shall be representative | ||
citizens not identified
with either the employing or employee | ||
classes. Not more than 6 members
of the Commission shall be of | ||
the same political party. Each Commissioner appointed on or | ||
after the effective date of this amendatory Act of the 102nd | ||
General Assembly must be authorized to practice law in this |
State by the Illinois Supreme Court and must maintain this | ||
authorization throughout his or her term of employment.
| ||
One of the
members not identified with either the | ||
employing or employee classes shall
be designated by the | ||
Governor as Chairman. The Chairman shall be the chief
| ||
administrative and executive officer of the Commission; and he | ||
or she shall
have general supervisory authority over all | ||
personnel of the Commission,
including arbitrators and | ||
Commissioners, and the final authority in all
administrative | ||
matters relating to the Commissioners, including but not
| ||
limited to the assignment and distribution of cases and | ||
assignment of
Commissioners to the panels, except in the | ||
promulgation of procedural rules
and orders under Section 16 | ||
and in the determination of cases under this Act.
| ||
Notwithstanding the general supervisory authority of the | ||
Chairman, each
Commissioner, except those assigned to the | ||
temporary panel, shall have the
authority to hire and | ||
supervise 2 staff attorneys each. Such staff attorneys
shall | ||
report directly to the individual Commissioner.
| ||
A formal training program for newly-appointed | ||
Commissioners shall be
implemented. The training program shall | ||
include the following:
| ||
(a) substantive and procedural aspects of the office | ||
of Commissioner;
| ||
(b) current issues in workers' compensation law and | ||
practice;
|
(c) medical lectures by specialists in areas such as | ||
orthopedics,
ophthalmology, psychiatry, rehabilitation | ||
counseling;
| ||
(d) orientation to each operational unit of the | ||
Illinois Workers' Compensation Commission;
| ||
(e) observation of experienced arbitrators and | ||
Commissioners conducting
hearings of cases, combined with | ||
the opportunity to discuss evidence
presented and rulings | ||
made;
| ||
(f) the use of hypothetical cases requiring the | ||
newly-appointed
Commissioner to issue judgments as a means | ||
to evaluating knowledge and
writing ability;
| ||
(g) writing skills;
| ||
(h) professional and ethical standards pursuant to | ||
Section 1.1 of this Act; | ||
(i) detection of workers' compensation fraud and | ||
reporting obligations of Commission employees and | ||
appointees; | ||
(j) standards of evidence-based medical treatment and | ||
best practices for measuring and improving quality and | ||
health care outcomes in the workers' compensation system, | ||
including but not limited to the use of the American | ||
Medical Association's "Guides to the Evaluation of | ||
Permanent Impairment" and the practice of utilization | ||
review; and | ||
(k) substantive and procedural aspects of coal |
workers' pneumoconiosis (black lung) cases. | ||
A formal and ongoing professional development program | ||
including, but not
limited to, the above-noted areas shall be | ||
implemented to keep
Commissioners informed of recent | ||
developments and issues and to assist them
in maintaining and | ||
enhancing their professional competence. Each Commissioner | ||
shall complete 20 hours of training in the above-noted areas | ||
during every 2 years such Commissioner shall remain in office.
| ||
The Commissioner candidates, other than the Chairman, must | ||
meet one of
the following qualifications: (a) licensed to | ||
practice law in the State of
Illinois; or (b) served as an | ||
arbitrator at the Illinois Workers' Compensation
Commission | ||
for at least 3 years; or (c) has at least 4 years of
| ||
professional labor relations experience. The Chairman | ||
candidate must have
public or private sector management and | ||
budget experience, as determined
by the Governor.
| ||
Each Commissioner shall devote full time to his duties and | ||
any
Commissioner who is an attorney-at-law shall not engage in | ||
the practice
of law, nor shall any Commissioner hold any other | ||
office or position of
profit under the United States or this | ||
State or any municipal
corporation or political subdivision of | ||
this State, nor engage in any other
business, employment, or | ||
vocation.
| ||
The term of office of each member of the Commission | ||
holding office on
the effective date of this amendatory Act of | ||
1989 is abolished, but
the incumbents shall continue to |
exercise all of the powers and be subject
to all of the duties | ||
of Commissioners until their respective successors are
| ||
appointed and qualified.
| ||
The Illinois Workers' Compensation Commission shall | ||
administer this Act.
| ||
In the promulgation of procedural rules, the determination | ||
of cases heard en banc, and other matters determined by the | ||
full Commission, the Chairman's vote shall break a tie in the | ||
event of a tie vote.
| ||
The members shall be appointed by the Governor, with the | ||
advice and
consent of the Senate, as follows:
| ||
(a) After the effective date of this amendatory Act of | ||
1989, 3
members, at least one of
each political party, and | ||
one of whom shall be a representative citizen
of the | ||
employing class operating under this Act, one of whom | ||
shall be
a representative citizen of the class of | ||
employees covered under this
Act, and one of whom shall be | ||
a representative citizen not identified
with either the | ||
employing or employee classes, shall be appointed
to hold | ||
office until the third Monday in January of 1993, and | ||
until their
successors are appointed and qualified, and 4 | ||
members, one of whom shall be
a representative citizen of | ||
the employing class operating under this Act,
one of whom | ||
shall be a representative citizen of the class of | ||
employees
covered in this Act, and two of whom shall be | ||
representative citizens not
identified with either the |
employing or employee classes, one of whom shall
be | ||
designated by the Governor as Chairman (at least one of | ||
each of the two
major political parties) shall be | ||
appointed to hold office until the third
Monday of January | ||
in 1991, and until their successors are appointed and
| ||
qualified.
| ||
(a-5) Notwithstanding any other provision of this | ||
Section,
the term of each member of the Commission
who was | ||
appointed by the Governor and is in office on June 30, 2003 | ||
shall
terminate at the close of business on that date or | ||
when all of the successor
members to be appointed pursuant | ||
to this amendatory Act of the 93rd General
Assembly have | ||
been appointed by the Governor, whichever occurs later. As | ||
soon
as possible, the Governor shall appoint persons to | ||
fill the vacancies created
by this amendatory Act. Of the | ||
initial commissioners appointed pursuant to
this | ||
amendatory Act of the 93rd General Assembly, 3 shall be | ||
appointed for
terms ending on the third Monday in January, | ||
2005, and 4 shall be appointed
for terms ending on the | ||
third Monday in January, 2007.
| ||
(a-10) After the effective date of this amendatory Act | ||
of the 94th General Assembly, the Commission shall be | ||
increased to 10 members. As soon as possible after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, the Governor shall appoint, by and with the | ||
consent of the
Senate, the 3 members added to the |
Commission under this amendatory Act of the 94th General | ||
Assembly, one of whom shall be a representative citizen of | ||
the employing class operating under this Act, one of whom | ||
shall be a representative of the class of employees | ||
covered under this Act, and one of whom shall be a | ||
representative citizen not identified with either the | ||
employing or employee classes. Of the members appointed | ||
under this amendatory Act of the 94th General Assembly, | ||
one shall be appointed for a term ending on the third | ||
Monday in January, 2007, and 2 shall be appointed for | ||
terms ending on the third Monday in January, 2009, and | ||
until their successors are appointed and qualified.
| ||
(b) Members shall thereafter be appointed to hold | ||
office for terms of 4
years from the third Monday in | ||
January of the year of their appointment,
and until their | ||
successors are appointed and qualified. All such
| ||
appointments shall be made so that the composition of the | ||
Commission is in
accordance with the provisions of the | ||
first paragraph of this Section.
| ||
Each Commissioner shall receive an annual salary equal to | ||
70% of that of a Circuit Court Judge in the Judicial Circuit | ||
constituted by the First Judicial District under the Salaries | ||
Act; the Chairman shall receive an annual salary of 5% more | ||
than the other Commissioners.
| ||
In case of a vacancy in the office of a Commissioner during | ||
the
recess of the Senate, the Governor shall make a temporary |
appointment
until the next meeting of the Senate, when he | ||
shall nominate some person
to fill such office. Any person so | ||
nominated who is confirmed by the
Senate shall hold office | ||
during the remainder of the term and until his
successor is | ||
appointed and qualified.
| ||
The Illinois Workers' Compensation Commission created by | ||
this amendatory Act of 1989
shall succeed to all the rights, | ||
powers, duties, obligations, records
and other property and | ||
employees of the Industrial Commission which it
replaces as | ||
modified by this amendatory Act of 1989 and all applications
| ||
and reports to actions and proceedings of such prior | ||
Industrial Commission
shall be considered as applications and | ||
reports to actions and proceedings
of the Illinois Workers' | ||
Compensation Commission created by this amendatory Act of | ||
1989.
| ||
Notwithstanding any other provision of this Act, in the | ||
event the
Chairman shall make a finding that a member is or | ||
will be unavailable to
fulfill the responsibilities of his or | ||
her office, the Chairman shall
advise the Governor and the | ||
member in writing and shall designate a
certified arbitrator | ||
to serve as acting Commissioner. The certified
arbitrator | ||
shall act as a Commissioner until the member resumes the | ||
duties
of his or her office or until a new member is appointed | ||
by the Governor, by
and with the consent of the Senate, if a | ||
vacancy occurs in the office of
the Commissioner, but in no | ||
event shall a certified arbitrator serve in the
capacity of |
Commissioner for more than 6 months from the date of
| ||
appointment by the Chairman. A finding by the Chairman that a | ||
member is or
will be unavailable to fulfill the | ||
responsibilities of his or her office
shall be based upon | ||
notice to the Chairman by a member that he or she will
be | ||
unavailable or facts and circumstances made known to the | ||
Chairman which
lead him to reasonably find that a member is | ||
unavailable to fulfill the
responsibilities of his or her | ||
office. The designation of a certified
arbitrator to act as a | ||
Commissioner shall be considered representative of
citizens | ||
not identified with either the employing or employee classes | ||
and
the arbitrator shall serve regardless of his or her | ||
political affiliation.
A certified arbitrator who serves as an | ||
acting Commissioner shall have all
the rights and powers of a | ||
Commissioner, including salary.
| ||
Notwithstanding any other provision of this Act, the | ||
Governor shall appoint
a special panel of Commissioners | ||
comprised of 3 members who shall be chosen
by the Governor, by | ||
and with the consent of the Senate, from among the
current | ||
ranks of certified arbitrators. Three members shall hold | ||
office
until the Commission in consultation with the Governor | ||
determines that the
caseload on review has been reduced | ||
sufficiently to allow cases to proceed
in a timely manner or | ||
for a term of 18 months from the effective date of
their | ||
appointment by the Governor, whichever shall be earlier. The 3
| ||
members shall be considered representative of citizens not |
identified with
either the employing or employee classes and | ||
shall serve regardless of
political affiliation. Each of the 3 | ||
members shall have only such rights
and powers of a | ||
Commissioner necessary to dispose of those cases assigned
to | ||
the special panel. Each of the 3 members appointed to the | ||
special panel
shall receive the same salary as other | ||
Commissioners for the duration of
the panel.
| ||
The Commission may have an Executive Director; if so, the | ||
Executive
Director shall be appointed by the Governor with the | ||
advice and consent of the
Senate. The salary and duties of the | ||
Executive Director shall be fixed by the
Commission.
| ||
On the effective date of this amendatory Act of
the 93rd | ||
General Assembly, the name of the Industrial Commission is | ||
changed to the Illinois Workers' Compensation Commission. | ||
References in any law, appropriation, rule, form, or other
| ||
document: (i) to the Industrial Commission
are deemed, in | ||
appropriate contexts, to be references to the Illinois | ||
Workers' Compensation Commission for all purposes; (ii) to the | ||
Industrial Commission Operations Fund
are deemed, in | ||
appropriate contexts, to be references to the Illinois | ||
Workers' Compensation Commission Operations Fund for all | ||
purposes; (iii) to the Industrial Commission Operations Fund | ||
Fee are deemed, in appropriate contexts, to be
references to | ||
the Illinois Workers' Compensation Commission Operations Fund | ||
Fee for all
purposes; and (iv) to the Industrial Commission | ||
Operations Fund Surcharge are deemed, in appropriate contexts, |
to be
references to the Illinois Workers' Compensation | ||
Commission Operations Fund Surcharge for all
purposes. | ||
(Source: P.A. 101-384, eff. 1-1-20; 102-16, eff. 6-17-21.)
| ||
(820 ILCS 305/14) (from Ch. 48, par. 138.14)
| ||
Sec. 14. The Commission shall appoint a secretary and , an | ||
assistant
secretary , and arbitrators and shall employ such
| ||
assistants and clerical help as may be necessary. Arbitrators | ||
shall be appointed pursuant to this Section, notwithstanding | ||
any provision of the Personnel Code.
| ||
Each arbitrator appointed after June 28, 2011 shall be | ||
required
to demonstrate in writing his or
her knowledge of and | ||
expertise in the law of and judicial processes of
the Workers' | ||
Compensation Act and the Workers' Occupational Diseases Act.
| ||
A formal training program for newly-hired arbitrators | ||
shall be
implemented. The training program shall include the | ||
following:
| ||
(a) substantive and procedural aspects of the | ||
arbitrator position;
| ||
(b) current issues in workers' compensation law and | ||
practice;
| ||
(c) medical lectures by specialists in areas such as | ||
orthopedics,
ophthalmology, psychiatry, rehabilitation | ||
counseling;
| ||
(d) orientation to each operational unit of the | ||
Illinois Workers' Compensation Commission;
|
(e) observation of experienced arbitrators conducting | ||
hearings of cases,
combined with the opportunity to | ||
discuss evidence presented and rulings made;
| ||
(f) the use of hypothetical cases requiring the | ||
trainee to issue
judgments as a means to evaluating | ||
knowledge and writing ability;
| ||
(g) writing skills;
| ||
(h) professional and ethical standards pursuant to | ||
Section 1.1 of this Act; | ||
(i) detection of workers' compensation fraud and | ||
reporting obligations of Commission employees and | ||
appointees; | ||
(j) standards of evidence-based medical treatment and | ||
best practices for measuring and improving quality and | ||
health care outcomes in the workers' compensation system, | ||
including but not limited to the use of the American | ||
Medical Association's "Guides to the Evaluation of | ||
Permanent Impairment" and the practice of utilization | ||
review; and | ||
(k) substantive and procedural aspects of coal | ||
workers' pneumoconiosis (black lung) cases. | ||
A formal and ongoing professional development program | ||
including, but not
limited to, the above-noted areas shall be | ||
implemented to keep arbitrators
informed of recent | ||
developments and issues and to assist them in
maintaining and | ||
enhancing their professional competence. Each arbitrator shall |
complete 20 hours of training in the above-noted areas during | ||
every 2 years such arbitrator shall remain in office.
| ||
Each
arbitrator shall devote full time to his or her | ||
duties and shall serve when
assigned as
an acting Commissioner | ||
when a Commissioner is unavailable in accordance
with the | ||
provisions of Section 13 of this Act. Any
arbitrator who is an | ||
attorney-at-law shall not engage in the practice of
law, nor | ||
shall any arbitrator hold any other office or position of
| ||
profit under the United States or this State or any municipal
| ||
corporation or political subdivision of this State.
| ||
Notwithstanding any other provision of this Act to the | ||
contrary, an arbitrator
who serves as an acting Commissioner | ||
in accordance with the provisions of
Section 13 of this Act | ||
shall continue to serve in the capacity of Commissioner
until | ||
a decision is reached in every case heard by that arbitrator | ||
while
serving as an acting Commissioner.
| ||
Notwithstanding any other provision of this Section, the | ||
term of all arbitrators serving on June 28, 2011 (the | ||
effective date of Public Act 97-18), including any arbitrators | ||
on administrative leave, shall terminate at the close of | ||
business on July 1, 2011, but the incumbents shall continue to | ||
exercise all of their duties until they are reappointed or | ||
their successors are appointed. | ||
On and after June 28, 2011 (the effective date of Public | ||
Act 97-18), arbitrators shall be appointed to 3-year terms as | ||
follows: |
(1) All appointments shall be made by the Governor | ||
with the advice and consent of the Senate. | ||
(2) For their initial appointments, 12 arbitrators | ||
shall be appointed to terms expiring July 1, 2012; 12 | ||
arbitrators shall be appointed to terms expiring July 1, | ||
2013; and all additional arbitrators shall be appointed to | ||
terms expiring July 1, 2014. Thereafter, all arbitrators | ||
shall be appointed to 3-year terms. | ||
Upon the expiration of a term, the Chairman shall evaluate | ||
the performance of the arbitrator and may recommend to the | ||
Governor that he or she be reappointed to a second or | ||
subsequent term by the Governor with the advice and consent of | ||
the Senate. | ||
Each arbitrator appointed on or after June 28, 2011 (the | ||
effective date of Public Act 97-18) and who has not previously | ||
served as an arbitrator for the Commission shall be required | ||
to be authorized to practice law in this State by the Supreme | ||
Court, and to maintain this authorization throughout his or | ||
her term of employment.
| ||
The performance of all arbitrators shall be reviewed by | ||
the Chairman every other year, or more often at the discretion | ||
of the Chairman on
an annual basis . The Chairman shall allow | ||
input from the Commissioners in
all such reviews.
| ||
The Commission shall assign no fewer than 3 arbitrators to | ||
each hearing site. The Commission shall establish a procedure | ||
to ensure that the arbitrators assigned to each hearing site |
are assigned cases on a random basis. No arbitrator shall hear | ||
cases in any county, other than Cook County, for more than 4 2 | ||
years consecutively in each 3-year term . | ||
The Secretary and each arbitrator shall receive a per | ||
annum salary of
5% less than the per annum salary of members of | ||
The
Illinois Workers' Compensation Commission as
provided in | ||
Section 13 of this Act, payable in equal monthly installments.
| ||
The members of the Commission, Arbitrators and other | ||
employees whose
duties require them to travel, shall have | ||
reimbursed to them their
actual traveling expenses and | ||
disbursements made or incurred by them in
the discharge of | ||
their official duties while away from their place of
residence | ||
in the performance of their duties.
| ||
The Commission shall provide itself with a seal for the
| ||
authentication of its orders, awards and proceedings upon | ||
which shall be
inscribed the name of the Commission and the | ||
words "Illinois--Seal".
| ||
The Secretary or Assistant Secretary, under the direction | ||
of the
Commission, shall have charge and custody of the seal of | ||
the Commission
and also have charge and custody of all | ||
records, files, orders,
proceedings, decisions, awards and | ||
other documents on file with the
Commission. He shall furnish | ||
certified copies, under the seal of the
Commission, of any | ||
such records, files, orders, proceedings, decisions,
awards | ||
and other documents on file with the Commission as may be
| ||
required. Certified copies so furnished by the Secretary or |
Assistant
Secretary shall be received in evidence before the | ||
Commission or any
Arbitrator thereof, and in all courts, | ||
provided that the original of
such certified copy is otherwise | ||
competent and admissible in evidence.
The Secretary or | ||
Assistant Secretary shall perform such other duties as
may be | ||
prescribed from time to time by the Commission.
| ||
(Source: P.A. 102-16, eff. 6-17-21.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|