PART 9060 JUDICIAL REVIEW : Sections Listing

TITLE 50: INSURANCE
CHAPTER VI: WORKERS' COMPENSATION COMMISSION
PART 9060 JUDICIAL REVIEW


AUTHORITY: Implementing Section 19 and authorized by Section 16 of the Workers' Compensation Act [820 ILCS 305/19 and 16].

SOURCE: Filed and effective March 1, 1977; amended at 6 Ill. Reg. 8040, effective July 1, 1982; codified at 7 Ill. Reg. 1242; amended at 9 Ill. Reg. 2496, effective February 11, 1985; expedited correction at 19 Ill. Reg. 292, effective February 11, 1985; recodified from 50 Ill. Adm. Code 7060 to 50 Ill. Adm. Code 9060 at 39 Ill. Reg. 9610; amended at 40 Ill. Reg. 15770, effective November 9, 2016.

 

Section 9060.10  Certification of Record:  Conditions

 

a)         Receipt of Notice of Intent to File for Review in the Circuit Court

Judicial review of Commission decisions is had by summons as provided in the Workers' Compensation Act [820 ILCS 305/19].  No request for a summons may be filed and no summons shall issue unless the party seeking to review the decision of the Commission exhibits to the clerk of the Circuit Court proof of filing with the Commission of the notice of the intent to file for review in the Circuit Court or an affidavit of the attorney setting forth that notice of intent to file for review in the Circuit Court has been given in writing to the Secretary or Assistant Secretary of the Commission.

 

b)         Amount of Bond

In its decision on review, pursuant to Section 19(f)(2) of the Act, the Commission, or any member thereof, shall fix the amount of bond, if any, required to be filed by the appealing party as a return to the summons. Bond shall be set at an amount equal to $100 over the total unpaid amount of the award rendered by the Commission on review subject to a maximum of $75,000.

 

(Source:  Amended at 40 Ill. Reg. 15770, effective November 9, 2016)

 

Section 9060.20  Orders on Judicial Review

 

a)         Upon receipt of a final Order from the reviewing court or an Order from the reviewing court that remands the matter back to the Commission, the moving party shall file a copy of the Order with the Commission within 30 days after receipt, with notice of filing to all parties.

 

b)         Upon receipt of an Order from a reviewing court, the Commission shall docket the Order and set the matter for hearing in the same manner as Petitions for Review, except that, when practical, the cause shall be returned to the original Commissioner.

 

(Source:  Added at 40 Ill. Reg. 15770, effective November 9, 2016)