101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4151

 

Introduced 1/22/2020, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
See Index

     Amends the Workers' Compensation Act. In a provision creating the Illinois Workers' Compensation Commission, provides that each Commissioner appointed on or after the effective date of the amendatory Act shall be required to be authorized to practice law in this State by the Illinois Supreme Court and to maintain this authorization throughout his or her term of employment. Removes a provision that requires Commissioner candidates, other than the Chairman, to: (i) be licensed to practice law in the State of Illinois; (ii) have served as an arbitrator at the Illinois Workers' Compensation Commission for at least 3 years; or (iii) have at least 4 years of professional labor relations experience. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of all arbitrators shall be reviewed by the Chairman every other year, or more at the discretion of the Chairman (rather than the performance of all arbitrators shall be reviewed by the Chairman on an annual basis). Provides that the Chairman shall have the discretion to assign arbitrators by county (rather than no arbitrator shall hear cases in any county, other than Cook County, for more than 2 years in each 3-year term). Provides that on and after the effective date of the amendatory Act, 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 a specified provision of the Act, payable in equal monthly installments. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Sections 13 and 14 as follows:
 
6    (820 ILCS 305/13)  (from Ch. 48, par. 138.13)
7    Sec. 13. There is created an Illinois Workers' Compensation
8Commission consisting of 10 members to be appointed by the
9Governor, by and with the consent of the Senate, 3 of whom
10shall be representative citizens of the employing class
11operating under this Act and 3 of whom shall be from a labor
12organization recognized under the National Labor Relations Act
13or an attorney who has represented labor organizations or has
14represented employees in workers' compensation cases, and 4 of
15whom shall be representative citizens not identified with
16either the employing or employee classes. Not more than 6
17members of the Commission shall be of the same political party.
18Each Commissioner appointed on or after the effective date of
19this amendatory Act of the 101st General Assembly shall be
20required to be authorized to practice law in this State by the
21Illinois Supreme Court and to maintain this authorization
22throughout his or her term of employment.
23    One of the members not identified with either the employing

 

 

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1or employee classes shall be designated by the Governor as
2Chairman. The Chairman shall be the chief administrative and
3executive officer of the Commission; and he or she shall have
4general supervisory authority over all personnel of the
5Commission, including arbitrators and Commissioners, and the
6final authority in all administrative matters relating to the
7Commissioners, including but not limited to the assignment and
8distribution of cases and assignment of Commissioners to the
9panels, except in the promulgation of procedural rules and
10orders under Section 16 and in the determination of cases under
11this Act.
12    Notwithstanding the general supervisory authority of the
13Chairman, each Commissioner, except those assigned to the
14temporary panel, shall have the authority to hire and supervise
152 staff attorneys each. Such staff attorneys shall report
16directly to the individual Commissioner.
17    A formal training program for newly-appointed
18Commissioners shall be implemented. The training program shall
19include 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
26including, but not limited to, the above-noted areas shall be

 

 

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1implemented to keep Commissioners informed of recent
2developments and issues and to assist them in maintaining and
3enhancing their professional competence. Each Commissioner
4shall complete 20 hours of training in the above-noted areas
5during every 2 years such Commissioner shall remain in office.
6    The Commissioner candidates, other than the Chairman, must
7meet one of the following qualifications: (a) licensed to
8practice law in the State of Illinois; or (b) served as an
9arbitrator at the Illinois Workers' Compensation Commission
10for at least 3 years; or (c) has at least 4 years of
11professional labor relations experience. The Chairman
12candidate must have public or private sector management and
13budget experience, as determined by the Governor.
14    Each Commissioner shall devote full time to his duties and
15any Commissioner who is an attorney-at-law shall not engage in
16the practice of law, nor shall any Commissioner hold any other
17office or position of profit under the United States or this
18State or any municipal corporation or political subdivision of
19this State, nor engage in any other business, employment, or
20vocation.
21    The term of office of each member of the Commission holding
22office on the effective date of this amendatory Act of 1989 is
23abolished, but the incumbents shall continue to exercise all of
24the powers and be subject to all of the duties of Commissioners
25until their respective successors are appointed and qualified.
26    The Illinois Workers' Compensation Commission shall

 

 

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1administer this Act.
2    In the promulgation of procedural rules, the determination
3of cases heard en banc, and other matters determined by the
4full Commission, the Chairman's vote shall break a tie in the
5event of a tie vote.
6    The members shall be appointed by the Governor, with the
7advice 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
16a salary set by the Compensation Review Board, whichever is
17greater, and each other member shall receive an annual salary
18of $38,000, or a salary set by the Compensation Review Board,
19whichever is greater.
20    Each Commissioner appointed on or after the effective date
21of this amendatory Act of the 101st General Assembly shall
22receive an annual salary of 70% of a Circuit Court Judge in the
23Judicial Court constituted by the First Judicial District under
24the Salaries Act and the Chairman shall receive an annual
25salary of 5% more than the other Commissioners.
26    In case of a vacancy in the office of a Commissioner during

 

 

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1the recess of the Senate, the Governor shall make a temporary
2appointment until the next meeting of the Senate, when he shall
3nominate some person to fill such office. Any person so
4nominated who is confirmed by the Senate shall hold office
5during the remainder of the term and until his successor is
6appointed and qualified.
7    The Illinois Workers' Compensation Commission created by
8this amendatory Act of 1989 shall succeed to all the rights,
9powers, duties, obligations, records and other property and
10employees of the Industrial Commission which it replaces as
11modified by this amendatory Act of 1989 and all applications
12and reports to actions and proceedings of such prior Industrial
13Commission shall be considered as applications and reports to
14actions and proceedings of the Illinois Workers' Compensation
15Commission created by this amendatory Act of 1989.
16    Notwithstanding any other provision of this Act, in the
17event the Chairman shall make a finding that a member is or
18will be unavailable to fulfill the responsibilities of his or
19her office, the Chairman shall advise the Governor and the
20member in writing and shall designate a certified arbitrator to
21serve as acting Commissioner. The certified arbitrator shall
22act as a Commissioner until the member resumes the duties of
23his or her office or until a new member is appointed by the
24Governor, by and with the consent of the Senate, if a vacancy
25occurs in the office of the Commissioner, but in no event shall
26a certified arbitrator serve in the capacity of Commissioner

 

 

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1for more than 6 months from the date of appointment by the
2Chairman. A finding by the Chairman that a member is or will be
3unavailable to fulfill the responsibilities of his or her
4office shall be based upon notice to the Chairman by a member
5that he or she will be unavailable or facts and circumstances
6made known to the Chairman which lead him to reasonably find
7that a member is unavailable to fulfill the responsibilities of
8his or her office. The designation of a certified arbitrator to
9act as a Commissioner shall be considered representative of
10citizens not identified with either the employing or employee
11classes and the arbitrator shall serve regardless of his or her
12political affiliation. A certified arbitrator who serves as an
13acting Commissioner shall have all the rights and powers of a
14Commissioner, including salary.
15    Notwithstanding any other provision of this Act, the
16Governor shall appoint a special panel of Commissioners
17comprised of 3 members who shall be chosen by the Governor, by
18and with the consent of the Senate, from among the current
19ranks of certified arbitrators. Three members shall hold office
20until the Commission in consultation with the Governor
21determines that the caseload on review has been reduced
22sufficiently to allow cases to proceed in a timely manner or
23for a term of 18 months from the effective date of their
24appointment by the Governor, whichever shall be earlier. The 3
25members shall be considered representative of citizens not
26identified with either the employing or employee classes and

 

 

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1shall serve regardless of political affiliation. Each of the 3
2members shall have only such rights and powers of a
3Commissioner necessary to dispose of those cases assigned to
4the special panel. Each of the 3 members appointed to the
5special panel shall receive the same salary as other
6Commissioners for the duration of the panel.
7    The Commission may have an Executive Director; if so, the
8Executive Director shall be appointed by the Governor with the
9advice and consent of the Senate. The salary and duties of the
10Executive Director shall be fixed by the Commission.
11    On the effective date of this amendatory Act of the 93rd
12General Assembly, the name of the Industrial Commission is
13changed to the Illinois Workers' Compensation Commission.
14References in any law, appropriation, rule, form, or other
15document: (i) to the Industrial Commission are deemed, in
16appropriate contexts, to be references to the Illinois Workers'
17Compensation Commission for all purposes; (ii) to the
18Industrial Commission Operations Fund are deemed, in
19appropriate contexts, to be references to the Illinois Workers'
20Compensation Commission Operations Fund for all purposes;
21(iii) to the Industrial Commission Operations Fund Fee are
22deemed, in appropriate contexts, to be references to the
23Illinois Workers' Compensation Commission Operations Fund Fee
24for all purposes; and (iv) to the Industrial Commission
25Operations Fund Surcharge are deemed, in appropriate contexts,
26to be references to the Illinois Workers' Compensation

 

 

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1Commission 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
5assistant secretary, and arbitrators and shall employ such
6assistants and clerical help as may be necessary. Arbitrators
7shall be appointed pursuant to this Section, notwithstanding
8any provision of the Personnel Code.
9    Each arbitrator appointed after June 28, 2011 shall be
10required to demonstrate in writing his or her knowledge of and
11expertise in the law of and judicial processes of the Workers'
12Compensation Act and the Workers' Occupational Diseases Act.
13    A formal training program for newly-hired arbitrators
14shall be implemented. The training program shall include the
15following:
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
22including, but not limited to, the above-noted areas shall be
23implemented to keep arbitrators informed of recent
24developments and issues and to assist them in maintaining and
25enhancing their professional competence. Each arbitrator shall
26complete 20 hours of training in the above-noted areas during

 

 

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1every 2 years such arbitrator shall remain in office.
2    Each arbitrator shall devote full time to his or her duties
3and shall serve when assigned as an acting Commissioner when a
4Commissioner is unavailable in accordance with the provisions
5of Section 13 of this Act. Any arbitrator who is an
6attorney-at-law shall not engage in the practice of law, nor
7shall any arbitrator hold any other office or position of
8profit under the United States or this State or any municipal
9corporation or political subdivision of this State.
10Notwithstanding any other provision of this Act to the
11contrary, an arbitrator who serves as an acting Commissioner in
12accordance with the provisions of Section 13 of this Act shall
13continue to serve in the capacity of Commissioner until a
14decision is reached in every case heard by that arbitrator
15while serving as an acting Commissioner.
16    Notwithstanding any other provision of this Section, the
17term of all arbitrators serving on June 28, 2011 (the effective
18date of Public Act 97-18), including any arbitrators on
19administrative leave, shall terminate at the close of business
20on July 1, 2011, but the incumbents shall continue to exercise
21all of their duties until they are reappointed or their
22successors are appointed.
23    On and after June 28, 2011 (the effective date of Public
24Act 97-18), arbitrators shall be appointed to 3-year terms as
25follows:
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
9the performance of the arbitrator and may recommend to the
10Governor that he or she be reappointed to a second or
11subsequent term by the Governor with the advice and consent of
12the Senate.
13    Each arbitrator appointed on or after June 28, 2011 (the
14effective date of Public Act 97-18) and who has not previously
15served as an arbitrator for the Commission shall be required to
16be authorized to practice law in this State by the Supreme
17Court, and to maintain this authorization throughout his or her
18term of employment.
19    The performance of all arbitrators shall be reviewed by the
20Chairman every other year, or more at the discretion of the
21Chairman on an annual basis. The Chairman shall allow input
22from the Commissioners in all such reviews.
23    The Commission shall assign no fewer than 3 arbitrators to
24each hearing site. The Commission shall establish a procedure
25to ensure that the arbitrators assigned to each hearing site
26are assigned cases on a random basis. The Chairman shall have

 

 

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1the discretion to assign arbitrators by county. No arbitrator
2shall hear cases in any county, other than Cook County, for
3more than 2 years in each 3-year term.
4    The Secretary and each arbitrator shall receive a per annum
5salary of 5% $4,000 less than the per annum salary of members
6of The Illinois Workers' Compensation Commission as provided in
7Section 13 of this Act, payable in equal monthly installments.
8    On and after the effective date of this amendatory Act of
9the 101st General Assembly, the Secretary and each arbitrator
10shall receive a per annum salary of 5% less than the per annum
11salary of members of the Illinois Workers' Compensation
12Commission as provided in Section 13 of this Act, payable in
13equal monthly installments.
14    The members of the Commission, Arbitrators and other
15employees whose duties require them to travel, shall have
16reimbursed to them their actual traveling expenses and
17disbursements made or incurred by them in the discharge of
18their official duties while away from their place of residence
19in the performance of their duties.
20    The Commission shall provide itself with a seal for the
21authentication of its orders, awards and proceedings upon which
22shall be inscribed the name of the Commission and the words
23"Illinois--Seal".
24    The Secretary or Assistant Secretary, under the direction
25of the Commission, shall have charge and custody of the seal of
26the Commission and also have charge and custody of all records,

 

 

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1files, orders, proceedings, decisions, awards and other
2documents on file with the Commission. He shall furnish
3certified copies, under the seal of the Commission, of any such
4records, files, orders, proceedings, decisions, awards and
5other documents on file with the Commission as may be required.
6Certified copies so furnished by the Secretary or Assistant
7Secretary shall be received in evidence before the Commission
8or any Arbitrator thereof, and in all courts, provided that the
9original of such certified copy is otherwise competent and
10admissible in evidence. The Secretary or Assistant Secretary
11shall perform such other duties as may be prescribed from time
12to time by the Commission.
13(Source: P.A. 98-40, eff. 6-28-13; 99-642, eff. 7-28-16.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    820 ILCS 305/13from Ch. 48, par. 138.13
4    820 ILCS 305/14from Ch. 48, par. 138.14