Full Text of HB3293 102nd General Assembly
HB3293eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 6 | | as 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 | 17 | | disease benefits pursuant to subsection (a) of
Section 4 of | 18 | | the Workers' Occupational Diseases Act but does not include
| 19 | | group self-insured employers under Section 4a of this Act or | 20 | | Section 4a of
the Workers' Occupational Diseases Act or the | 21 | | State of Illinois, any
political subdivision of the State, | 22 | | unit of local government or school
district, or any other | 23 | | public authorities or quasi-governmental bodies
including any |
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| 1 | | subunits of the foregoing entities.
| 2 | | (d) "Insolvent self-insurer" means a private self-insurer | 3 | | financially
unable to pay compensation due under this Act, | 4 | | which (i) has filed either prior
to or after the effective date | 5 | | of this Section or (ii) is the subject party
in any proceeding | 6 | | under the Federal Bankruptcy Reform Act of 1978, or is
the | 7 | | subject party in any proceeding in which a receiver, | 8 | | custodian,
liquidator, rehabilitator, sequestrator, trustee or | 9 | | similar officer has
been appointed by any Court to act in lieu | 10 | | of or on behalf of that self-insurer.
| 11 | | (e) "Fund" means the Self-Insurers Security Fund | 12 | | established by Section 4a-5.
| 13 | | (f) "Trustee" means a member of the Self-Insurers Advisory | 14 | | Board.
| 15 | | (g) (Blank). "Self-Insurers Administration Fund" means the | 16 | | Fund established by Section 4a-6.1.
| 17 | | (h) "Application fee" means the application fee provided | 18 | | for in Section 4a-4.
| 19 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 20 | | (820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
| 21 | | Sec. 4a-4.
The Self-Insurers Advisory Board shall possess | 22 | | all powers
necessary and convenient to accomplish the objects | 23 | | prescribed by this Act,
including but not limited to the | 24 | | following:
| 25 | | (a) The Board shall make such bylaws, rules, regulations |
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| 1 | | and resolutions
as are necessary to carry out its | 2 | | responsibilities. The Board may carry
out its responsibilities | 3 | | directly or by contract or other instrument, and
may purchase | 4 | | such services and collect and borrow such funds as it deems
| 5 | | necessary to effectuate its activities and protect the members | 6 | | of the Board
and its employees. The Board shall appoint, | 7 | | retain and employ such persons
as it deems necessary to | 8 | | achieve the purposes of the Board. The Chairman
shall be the | 9 | | chief administrative officer of the Board, and he or she shall
| 10 | | have general supervisory authority over all employees of the | 11 | | Board. Designated
employees shall be subject to the Illinois | 12 | | Personnel Code. All expenses
incurred pursuant to this | 13 | | provision shall be paid from the Self-Insurers
Security | 14 | | Administration Fund. Each private self-insurer applying for | 15 | | self-insurance
and for renewal of the self-insurance privilege | 16 | | shall pay with its
application a non-refundable application | 17 | | fee in the amount of $500, which
shall be deposited upon | 18 | | receipt by the Commission into the Self-Insurers Security
| 19 | | Administration Fund and used only for the purposes set forth | 20 | | in Sections 4a-1 through 4a-9 this
Section . An application fee | 21 | | shall be required of each corporation and each
and every | 22 | | corporate subsidiary.
| 23 | | (b) The Board shall meet no less than quarterly and shall | 24 | | meet at other
times upon the call of the Chairman, issued to | 25 | | the Trustees in writing no less
than 48 hours prior to the day | 26 | | and hour of the meeting, or upon a request
for a meeting |
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| 1 | | presented in writing to the Chairman no less than 72 hours
| 2 | | prior to the proposed day and hour of the meeting and signed by | 3 | | at least a
majority of the Trustees, whereupon the Chairman | 4 | | shall provide notice
issued in writing to the Trustees no less | 5 | | than 48 hours prior to the meeting
and shall convene the | 6 | | meeting at the time and place stated in the request.
| 7 | | (c) Four Trustees shall constitute a quorum to transact | 8 | | business at any
meeting, and the affirmative vote of four | 9 | | Trustees shall be necessary for
any action taken by the Board. | 10 | | No vacancy shall otherwise impair the
rights of the remaining | 11 | | Trustees to exercise all of the powers of the Board.
| 12 | | (d) The Board shall serve without compensation, but each | 13 | | member shall be
entitled to be reimbursed for necessary and | 14 | | actual expenses incurred in the
discharge of his official | 15 | | duties.
| 16 | | (e) The Board shall have the right to sue and be sued in | 17 | | the name of the
Commission.
| 18 | | (Source: P.A. 85-1385.)
| 19 | | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
| 20 | | Sec. 4a-5. There is hereby created a Self-Insurers | 21 | | Security Fund. The State
Treasurer shall be the ex officio | 22 | | ex-officio custodian of the Self-Insurers Security
Fund. | 23 | | Moneys in the Fund shall be deposited in a separate account in | 24 | | the
same manner as are State Funds and any interest accruing | 25 | | thereon shall be
added thereto every 6 months. It shall be |
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| 1 | | subject to audit the same as
State funds and accounts and shall | 2 | | be protected by the general bond given
by the State Treasurer. | 3 | | The funds in the Self-Insurers Security Fund shall
not be | 4 | | subject to appropriation and shall be made available for the
| 5 | | purposes of compensating employees who are eligible to receive | 6 | | benefits
from their employers pursuant to the provisions of | 7 | | the Workers'
Compensation Act or Workers' Occupational | 8 | | Diseases Act, when, pursuant to
this Section, the Board has | 9 | | determined that a private self-insurer has
become an insolvent | 10 | | self-insurer and is unable to pay compensation benefits
due to | 11 | | financial insolvency. Moneys in the Fund may be used to | 12 | | compensate
any type of injury or occupational disease which is | 13 | | compensable under either
Act, and all claims for related | 14 | | administrative fees,
operating costs of the Board, attorney's | 15 | | fees, and other costs reasonably
incurred by the Board. Moneys | 16 | | At the discretion of the Chairman, moneys in the Self-Insurers | 17 | | Security Fund may also be used for paying the salaries and | 18 | | benefits of the Self-Insurers Advisory Board employees and the | 19 | | operating costs of the Board. Payment from the Self-Insurers | 20 | | Security Fund shall
be made by the Comptroller only upon the | 21 | | authorization of the Chairman as
evidenced by properly | 22 | | certified vouchers of the Commission, upon the
direction of | 23 | | the Board.
| 24 | | (Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
| 25 | | (820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
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| 1 | | Sec. 4a-6.1.
There is hereby created a Self-Insurers | 2 | | Administration
Fund. The State Treasurer shall be the | 3 | | ex-officio custodian of the
Self-Insurers Administration Fund. | 4 | | Monies in the Self-Insurers
Administration Fund shall be | 5 | | deposited in a separate account in the same
manner as are State | 6 | | Funds, and any interest accruing thereon shall be added
| 7 | | thereto every 6 months. It shall be subject to audit the same | 8 | | as State
funds and accounts and shall be protected by the | 9 | | general bond given by the
State Treasurer. The funds in the | 10 | | Self-Insurers Administration Fund shall
not be subject to | 11 | | appropriation and shall be made available only for paying
the | 12 | | salaries and benefits of the Self-Insurers Advisory Board | 13 | | employees and
the operating costs of the Board. Payment from | 14 | | the Self-Insurers
Administration Fund shall be made by the | 15 | | Comptroller only upon the
authorization of the Chairman as | 16 | | evidenced by properly certified vouchers
of the Commission. | 17 | | Within 60 days after the effective date of this amendatory Act | 18 | | of the 102nd General Assembly, the Secretary of the Commission | 19 | | shall transfer all remaining funds to the Self-Insurers | 20 | | Security Fund for use consistent with the provisions of | 21 | | Section 4a-5. Prior to July 1, 2021, the State Treasurer shall | 22 | | dissolve the Self-Insurers Administration Fund and close any | 23 | | related accounts.
| 24 | | (Source: P.A. 85-1385.)
| 25 | | (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
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| 1 | | Sec. 4a-7. (a) The Commission may upon direction of the | 2 | | Board from time
to time assess each of the private | 3 | | self-insurers a pro rata share of the
funding reasonably | 4 | | necessary to carry out its activities under Sections 4a-1 | 5 | | through 4a-9 this
Section . The prorations shall be made on the | 6 | | basis of each self-insured's
most recent payment into the rate | 7 | | adjustment fund under Section 7(f) of
this Act. In no event | 8 | | shall a private self-insurer be assessed at one time
in excess | 9 | | of .6% of the compensation paid by that private self-insurer
| 10 | | during the previous calendar year for claims incurred as a | 11 | | self-insurer.
Total assessments against it in any calendar | 12 | | year shall not exceed 1.2% of
the compensation it has paid | 13 | | during the previous calendar year as a
self-insurer for claims | 14 | | incurred. Funds obtained by such assessments shall
be used | 15 | | only for the purposes set forth in Sections 4a-1 through 4a-9 | 16 | | this Section , and shall be
deposited upon receipt by the | 17 | | Commission into the Self-Insurers Security
Fund. If payment of | 18 | | any assessment made under this subsection is not made
within | 19 | | 30 days of the sending of the notice to the private | 20 | | self-insurer,
the Commission at the direction of the Board | 21 | | shall proceed in circuit court for
judgment against that | 22 | | private self-insurer which judgment shall include the
amount | 23 | | of the assessment, the costs of suit, interest and reasonable | 24 | | attorneys' fees.
| 25 | | (b) A private self-insurer which ceases to be a | 26 | | self-insurer shall be
liable for any and all assessments made |
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| 1 | | pursuant to this Section during
the period following the date | 2 | | its certificate of authority to
self-insure is withdrawn, | 3 | | revoked or surrendered until such time as it
has discharged | 4 | | all obligations to pay compensation which arose during the
| 5 | | period of time said former self-insurer was self-insured. | 6 | | Assessments of
such a former private self-insurer shall be | 7 | | based on the compensation paid
by the former private | 8 | | self-insurer during the preceding calendar year on
claims that | 9 | | arose during the period of time said former private
| 10 | | self-insurer was self-insured.
| 11 | | (c) The Board on behalf of the Commission shall annually | 12 | | contract for an
independent certified audit of the financial | 13 | | activities of the Fund, and an
annual report as of June 30 | 14 | | shall be submitted promptly by the Board to
the Chairman of the | 15 | | Illinois Workers' Compensation Commission and to each Trustee. | 16 | | Written
reports of all activities shall be submitted to the | 17 | | Commission by the Board
on a monthly basis.
| 18 | | (d) If there are monies remaining in the Fund after all | 19 | | outstanding
obligations of all insolvent self-insurers have | 20 | | been satisfied and the
costs of administration and defense | 21 | | have been paid, such amounts shall be
returned by the | 22 | | Commission from the Fund as directed by the Board to the
then | 23 | | private self-insurers in that proportion which each said | 24 | | private
self-insurer has contributed to the Fund one year | 25 | | thereafter, provided no
outstanding liabilities remain against | 26 | | the Fund.
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| 1 | | (e) Each private self-insurer shall be subject to the | 2 | | direction of the
Commission as provided in Sections 4a-1 | 3 | | through 4a-9 this Section as a condition of obtaining and
| 4 | | maintaining its certificate of authority to self-insure.
| 5 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 6 | | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
| 7 | | Sec. 13. There is created an Illinois Workers' | 8 | | Compensation Commission consisting of 10
members to be | 9 | | appointed by the Governor, by and with the consent of the
| 10 | | Senate, 3 of whom shall be representative citizens of the
| 11 | | employing class operating under this Act and 3 of whom shall
be | 12 | | from a labor organization recognized under the National Labor | 13 | | Relations Act or an attorney who has represented labor | 14 | | organizations or has represented employees in workers' | 15 | | compensation cases, and 4 of whom shall be representative | 16 | | citizens not identified
with either the employing or employee | 17 | | classes. Not more than 6 members
of the Commission shall be of | 18 | | the same political party. Each Commissioner appointed on or | 19 | | after the effective date of this amendatory Act of the 102nd | 20 | | General Assembly must be authorized to practice law in this | 21 | | State by the Illinois Supreme Court and must maintain this | 22 | | authorization throughout his or her term of employment.
| 23 | | One of the
members not identified with either the | 24 | | employing or employee classes shall
be designated by the | 25 | | Governor as Chairman. The Chairman shall be the chief
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| 1 | | administrative and executive officer of the Commission; and he | 2 | | or she shall
have general supervisory authority over all | 3 | | personnel of the Commission,
including arbitrators and | 4 | | Commissioners, and the final authority in all
administrative | 5 | | matters relating to the Commissioners, including but not
| 6 | | limited to the assignment and distribution of cases and | 7 | | assignment of
Commissioners to the panels, except in the | 8 | | promulgation of procedural rules
and orders under Section 16 | 9 | | and in the determination of cases under this Act.
| 10 | | Notwithstanding the general supervisory authority of the | 11 | | Chairman, each
Commissioner, except those assigned to the | 12 | | temporary panel, shall have the
authority to hire and | 13 | | supervise 2 staff attorneys each. Such staff attorneys
shall | 14 | | report directly to the individual Commissioner.
| 15 | | A formal training program for newly-appointed | 16 | | Commissioners shall be
implemented. The training program shall | 17 | | include the following:
| 18 | | (a) substantive and procedural aspects of the office | 19 | | of Commissioner;
| 20 | | (b) current issues in workers' compensation law and | 21 | | practice;
| 22 | | (c) medical lectures by specialists in areas such as | 23 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 24 | | counseling;
| 25 | | (d) orientation to each operational unit of the | 26 | | Illinois Workers' Compensation Commission;
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| 1 | | (e) observation of experienced arbitrators and | 2 | | Commissioners conducting
hearings of cases, combined with | 3 | | the opportunity to discuss evidence
presented and rulings | 4 | | made;
| 5 | | (f) the use of hypothetical cases requiring the | 6 | | newly-appointed
Commissioner to issue judgments as a means | 7 | | to evaluating knowledge and
writing ability;
| 8 | | (g) writing skills;
| 9 | | (h) professional and ethical standards pursuant to | 10 | | Section 1.1 of this Act; | 11 | | (i) detection of workers' compensation fraud and | 12 | | reporting obligations of Commission employees and | 13 | | appointees; | 14 | | (j) standards of evidence-based medical treatment and | 15 | | best practices for measuring and improving quality and | 16 | | health care outcomes in the workers' compensation system, | 17 | | including but not limited to the use of the American | 18 | | Medical Association's "Guides to the Evaluation of | 19 | | Permanent Impairment" and the practice of utilization | 20 | | review; and | 21 | | (k) substantive and procedural aspects of coal | 22 | | workers' pneumoconiosis (black lung) cases. | 23 | | A formal and ongoing professional development program | 24 | | including, but not
limited to, the above-noted areas shall be | 25 | | implemented to keep
Commissioners informed of recent | 26 | | developments and issues and to assist them
in maintaining and |
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| 1 | | enhancing their professional competence. Each Commissioner | 2 | | shall complete 20 hours of training in the above-noted areas | 3 | | during every 2 years such Commissioner shall remain in office.
| 4 | | The Commissioner candidates, other than the Chairman, must | 5 | | meet one of
the following qualifications: (a) licensed to | 6 | | practice law in the State of
Illinois; or (b) served as an | 7 | | arbitrator at the Illinois Workers' Compensation
Commission | 8 | | for at least 3 years; or (c) has at least 4 years of
| 9 | | professional labor relations experience. The Chairman | 10 | | candidate must have
public or private sector management and | 11 | | budget experience, as determined
by the Governor.
| 12 | | Each Commissioner shall devote full time to his duties and | 13 | | any
Commissioner who is an attorney-at-law shall not engage in | 14 | | the practice
of law, nor shall any Commissioner hold any other | 15 | | office or position of
profit under the United States or this | 16 | | State or any municipal
corporation or political subdivision of | 17 | | this State, nor engage in any other
business, employment, or | 18 | | vocation.
| 19 | | The term of office of each member of the Commission | 20 | | holding office on
the effective date of this amendatory Act of | 21 | | 1989 is abolished, but
the incumbents shall continue to | 22 | | exercise all of the powers and be subject
to all of the duties | 23 | | of Commissioners until their respective successors are
| 24 | | appointed and qualified.
| 25 | | The Illinois Workers' Compensation Commission shall | 26 | | administer this Act.
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| 1 | | In the promulgation of procedural rules, the determination | 2 | | of cases heard en banc, and other matters determined by the | 3 | | full Commission, the Chairman's vote shall break a tie in the | 4 | | event of a tie vote.
| 5 | | The members shall be appointed by the Governor, with the | 6 | | advice and
consent of the Senate, as follows:
| 7 | | (a) After the effective date of this amendatory Act of | 8 | | 1989, 3
members, at least one of
each political party, and | 9 | | one of whom shall be a representative citizen
of the | 10 | | employing class operating under this Act, one of whom | 11 | | shall be
a representative citizen of the class of | 12 | | employees covered under this
Act, and one of whom shall be | 13 | | a representative citizen not identified
with either the | 14 | | employing or employee classes, shall be appointed
to hold | 15 | | office until the third Monday in January of 1993, and | 16 | | until their
successors are appointed and qualified, and 4 | 17 | | members, one of whom shall be
a representative citizen of | 18 | | the employing class operating under this Act,
one of whom | 19 | | shall be a representative citizen of the class of | 20 | | employees
covered in this Act, and two of whom shall be | 21 | | representative citizens not
identified with either the | 22 | | employing or employee classes, one of whom shall
be | 23 | | designated by the Governor as Chairman (at least one of | 24 | | each of the two
major political parties) shall be | 25 | | appointed to hold office until the third
Monday of January | 26 | | in 1991, and until their successors are appointed and
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| 1 | | 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 | 26 | | covered under this Act, and one of whom shall be a |
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| 1 | | representative citizen not identified with either the | 2 | | employing or employee classes. Of the members appointed | 3 | | under this amendatory Act of the 94th General Assembly, | 4 | | one shall be appointed for a term ending on the third | 5 | | Monday in January, 2007, and 2 shall be appointed for | 6 | | terms ending on the third Monday in January, 2009, and | 7 | | until their successors 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 | | Each Commissioner shall receive an annual salary of 70% of | 16 | | a Circuit Court Judge in the Judicial Court constituted by the | 17 | | First Judicial District under the Salaries Act and the | 18 | | Chairman shall receive an annual salary of 5% more than the | 19 | | other Commissioners. | 20 | | The Chairman shall receive an annual salary of $42,500, or
| 21 | | a salary set by the Compensation Review Board, whichever is | 22 | | greater,
and each other member shall receive an annual salary | 23 | | of $38,000, or a
salary set by the Compensation Review Board, | 24 | | whichever is greater.
| 25 | | In case of a vacancy in the office of a Commissioner during | 26 | | the
recess of the Senate, the Governor shall make a temporary |
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| 1 | | appointment
until the next meeting of the Senate, when he | 2 | | shall nominate some person
to fill such office. Any person so | 3 | | nominated who is confirmed by the
Senate shall hold office | 4 | | during the remainder of the term and until his
successor is | 5 | | appointed and qualified.
| 6 | | The Illinois Workers' Compensation Commission created by | 7 | | this amendatory Act of 1989
shall succeed to all the rights, | 8 | | powers, duties, obligations, records
and other property and | 9 | | employees of the Industrial Commission which it
replaces as | 10 | | modified by this amendatory Act of 1989 and all applications
| 11 | | and reports to actions and proceedings of such prior | 12 | | Industrial Commission
shall be considered as applications and | 13 | | reports to actions and proceedings
of the Illinois Workers' | 14 | | Compensation Commission created by this amendatory Act of | 15 | | 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 | 21 | | to serve as acting Commissioner. The certified
arbitrator | 22 | | shall act as a Commissioner until the member resumes the | 23 | | duties
of his or her office or until a new member is appointed | 24 | | by the Governor, by
and with the consent of the Senate, if a | 25 | | vacancy occurs in the office of
the Commissioner, but in no | 26 | | event shall a certified arbitrator serve in the
capacity of |
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| 1 | | Commissioner for more than 6 months from the date of
| 2 | | appointment by the Chairman. A finding by the Chairman that a | 3 | | member is or
will be unavailable to fulfill the | 4 | | responsibilities of his or her office
shall be based upon | 5 | | notice to the Chairman by a member that he or she will
be | 6 | | unavailable or facts and circumstances made known to the | 7 | | Chairman which
lead him to reasonably find that a member is | 8 | | unavailable to fulfill the
responsibilities of his or her | 9 | | office. The designation of a certified
arbitrator to act as a | 10 | | Commissioner shall be considered representative of
citizens | 11 | | not identified with either the employing or employee classes | 12 | | and
the arbitrator shall serve regardless of his or her | 13 | | political affiliation.
A certified arbitrator who serves as an | 14 | | acting Commissioner shall have all
the rights and powers of a | 15 | | Commissioner, including salary.
| 16 | | Notwithstanding any other provision of this Act, the | 17 | | Governor shall appoint
a special panel of Commissioners | 18 | | comprised of 3 members who shall be chosen
by the Governor, by | 19 | | and with the consent of the Senate, from among the
current | 20 | | ranks of certified arbitrators. Three members shall hold | 21 | | office
until the Commission in consultation with the Governor | 22 | | determines that the
caseload on review has been reduced | 23 | | sufficiently to allow cases to proceed
in a timely manner or | 24 | | for a term of 18 months from the effective date of
their | 25 | | appointment by the Governor, whichever shall be earlier. The 3
| 26 | | members shall be considered representative of citizens not |
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| 1 | | identified with
either the employing or employee classes and | 2 | | shall serve regardless of
political affiliation. Each of the 3 | 3 | | members shall have only such rights
and powers of a | 4 | | Commissioner necessary to dispose of those cases assigned
to | 5 | | the special panel. Each of the 3 members appointed to the | 6 | | special panel
shall receive the same salary as other | 7 | | Commissioners for the duration of
the panel.
| 8 | | The Commission may have an Executive Director; if so, the | 9 | | Executive
Director shall be appointed by the Governor with the | 10 | | advice and consent of the
Senate. The salary and duties of the | 11 | | Executive Director shall be fixed by the
Commission.
| 12 | | On the effective date of this amendatory Act of
the 93rd | 13 | | General Assembly, the name of the Industrial Commission is | 14 | | changed to the Illinois Workers' Compensation Commission. | 15 | | References in any law, appropriation, rule, form, or other
| 16 | | document: (i) to the Industrial Commission
are deemed, in | 17 | | appropriate contexts, to be references to the Illinois | 18 | | Workers' Compensation Commission for all purposes; (ii) to the | 19 | | Industrial Commission Operations Fund
are deemed, in | 20 | | appropriate contexts, to be references to the Illinois | 21 | | Workers' Compensation Commission Operations Fund for all | 22 | | purposes; (iii) to the Industrial Commission Operations Fund | 23 | | Fee are deemed, in appropriate contexts, to be
references to | 24 | | the Illinois Workers' Compensation Commission Operations Fund | 25 | | Fee for all
purposes; and (iv) to the Industrial Commission | 26 | | Operations Fund Surcharge are deemed, in appropriate contexts, |
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| 1 | | to be
references to the Illinois Workers' Compensation | 2 | | Commission Operations Fund Surcharge for all
purposes. | 3 | | (Source: P.A. 101-384, eff. 1-1-20 .)
| 4 | | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| 5 | | Sec. 14. The Commission shall appoint a secretary and , an | 6 | | assistant
secretary , and arbitrators and shall employ such
| 7 | | assistants and clerical help as may be necessary. Arbitrators | 8 | | shall be appointed pursuant to this Section, notwithstanding | 9 | | any provision of the Personnel Code.
| 10 | | Each arbitrator appointed after June 28, 2011 shall be | 11 | | required
to demonstrate in writing his or
her knowledge of and | 12 | | expertise in the law of and judicial processes of
the Workers' | 13 | | Compensation Act and the Workers' Occupational Diseases Act.
| 14 | | A formal training program for newly-hired arbitrators | 15 | | shall be
implemented. The training program shall include the | 16 | | following:
| 17 | | (a) substantive and procedural aspects of the | 18 | | arbitrator position;
| 19 | | (b) current issues in workers' compensation law and | 20 | | practice;
| 21 | | (c) medical lectures by specialists in areas such as | 22 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 23 | | counseling;
| 24 | | (d) orientation to each operational unit of the | 25 | | Illinois Workers' Compensation Commission;
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| 1 | | (e) observation of experienced arbitrators conducting | 2 | | hearings of cases,
combined with the opportunity to | 3 | | discuss evidence presented and rulings made;
| 4 | | (f) the use of hypothetical cases requiring the | 5 | | trainee to issue
judgments as a means to evaluating | 6 | | knowledge and writing ability;
| 7 | | (g) writing skills;
| 8 | | (h) professional and ethical standards pursuant to | 9 | | Section 1.1 of this Act; | 10 | | (i) detection of workers' compensation fraud and | 11 | | reporting obligations of Commission employees and | 12 | | appointees; | 13 | | (j) standards of evidence-based medical treatment and | 14 | | best practices for measuring and improving quality and | 15 | | health care outcomes in the workers' compensation system, | 16 | | including but not limited to the use of the American | 17 | | Medical Association's "Guides to the Evaluation of | 18 | | Permanent Impairment" and the practice of utilization | 19 | | review; and | 20 | | (k) substantive and procedural aspects of coal | 21 | | workers' pneumoconiosis (black lung) cases. | 22 | | A formal and ongoing professional development program | 23 | | including, but not
limited to, the above-noted areas shall be | 24 | | implemented to keep arbitrators
informed of recent | 25 | | developments and issues and to assist them in
maintaining and | 26 | | enhancing their professional competence. Each arbitrator shall |
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| 1 | | complete 20 hours of training in the above-noted areas during | 2 | | every 2 years such arbitrator shall remain in office.
| 3 | | Each
arbitrator shall devote full time to his or her | 4 | | duties and shall serve when
assigned as
an acting Commissioner | 5 | | when a Commissioner is unavailable in accordance
with the | 6 | | provisions of Section 13 of this Act. Any
arbitrator who is an | 7 | | attorney-at-law shall not engage in the practice of
law, nor | 8 | | shall any arbitrator hold any other office or position of
| 9 | | profit under the United States or this State or any municipal
| 10 | | corporation or political subdivision of this State.
| 11 | | Notwithstanding any other provision of this Act to the | 12 | | contrary, an arbitrator
who serves as an acting Commissioner | 13 | | in accordance with the provisions of
Section 13 of this Act | 14 | | shall continue to serve in the capacity of Commissioner
until | 15 | | a decision is reached in every case heard by that arbitrator | 16 | | while
serving as an acting Commissioner.
| 17 | | Notwithstanding any other provision of this Section, the | 18 | | term of all arbitrators serving on June 28, 2011 (the | 19 | | effective date of Public Act 97-18), including any arbitrators | 20 | | on administrative leave, shall terminate at the close of | 21 | | business on July 1, 2011, but the incumbents shall continue to | 22 | | exercise all of their duties until they are reappointed or | 23 | | their successors are appointed. | 24 | | On and after June 28, 2011 (the effective date of Public | 25 | | Act 97-18), arbitrators shall be appointed to 3-year terms as | 26 | | follows: |
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| 1 | | (1) All appointments shall be made by the Governor | 2 | | with the advice and consent of the Senate. | 3 | | (2) For their initial appointments, 12 arbitrators | 4 | | shall be appointed to terms expiring July 1, 2012; 12 | 5 | | arbitrators shall be appointed to terms expiring July 1, | 6 | | 2013; and all additional arbitrators shall be appointed to | 7 | | terms expiring July 1, 2014. Thereafter, all arbitrators | 8 | | shall be appointed to 3-year terms. | 9 | | Upon the expiration of a term, the Chairman shall evaluate | 10 | | the performance of the arbitrator and may recommend to the | 11 | | Governor that he or she be reappointed to a second or | 12 | | subsequent term by the Governor with the advice and consent of | 13 | | the Senate. | 14 | | Each arbitrator appointed on or after June 28, 2011 (the | 15 | | effective date of Public Act 97-18) and who has not previously | 16 | | served as an arbitrator for the Commission shall be required | 17 | | to be authorized to practice law in this State by the Supreme | 18 | | Court, and to maintain this authorization throughout his or | 19 | | her term of employment.
| 20 | | The performance of all arbitrators shall be reviewed by | 21 | | the Chairman every other year, or more often at the discretion | 22 | | of the Chairman on
an annual basis . The Chairman shall allow | 23 | | input from the Commissioners in
all such reviews.
| 24 | | The Commission shall assign no fewer than 3 arbitrators to | 25 | | each hearing site. The Commission shall establish a procedure | 26 | | to ensure that the arbitrators assigned to each hearing site |
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| 1 | | are assigned cases on a random basis. No arbitrator shall hear | 2 | | cases in any county, other than Cook County, for more than 4 2 | 3 | | years consecutively in each 3-year term . | 4 | | The Secretary and each arbitrator shall receive a per | 5 | | annum salary of
5% $4,000 less than the per annum salary of | 6 | | members of The
Illinois Workers' Compensation Commission as
| 7 | | provided in Section 13 of this Act, payable in equal monthly | 8 | | installments.
| 9 | | The members of the Commission, Arbitrators and other | 10 | | employees whose
duties require them to travel, shall have | 11 | | reimbursed to them their
actual traveling expenses and | 12 | | disbursements made or incurred by them in
the discharge of | 13 | | their official duties while away from their place of
residence | 14 | | in the performance of their duties.
| 15 | | The Commission shall provide itself with a seal for the
| 16 | | authentication of its orders, awards and proceedings upon | 17 | | which shall be
inscribed the name of the Commission and the | 18 | | words "Illinois--Seal".
| 19 | | The Secretary or Assistant Secretary, under the direction | 20 | | of the
Commission, shall have charge and custody of the seal of | 21 | | the Commission
and also have charge and custody of all | 22 | | records, files, orders,
proceedings, decisions, awards and | 23 | | other documents on file with the
Commission. He shall furnish | 24 | | certified copies, under the seal of the
Commission, of any | 25 | | such records, files, orders, proceedings, decisions,
awards | 26 | | and other documents on file with the Commission as may be
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| 1 | | required. Certified copies so furnished by the Secretary or | 2 | | Assistant
Secretary shall be received in evidence before the | 3 | | Commission or any
Arbitrator thereof, and in all courts, | 4 | | provided that the original of
such certified copy is otherwise | 5 | | competent and admissible in evidence.
The Secretary or | 6 | | Assistant Secretary shall perform such other duties as
may be | 7 | | prescribed from time to time by the Commission.
| 8 | | (Source: P.A. 98-40, eff. 6-28-13; 99-642, eff. 7-28-16.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 820 ILCS 305/4a-2 | from Ch. 48, par. 138.4a-2 | | 4 | | 820 ILCS 305/4a-4 | from Ch. 48, par. 138.4a-4 | | 5 | | 820 ILCS 305/4a-5 | from Ch. 48, par. 138.4a-5 | | 6 | | 820 ILCS 305/4a-6.1 | from Ch. 48, par. 138.4a-6.1 | | 7 | | 820 ILCS 305/4a-7 | from Ch. 48, par. 138.4a-7 | | 8 | | 820 ILCS 305/13 | from Ch. 48, par. 138.13 | | 9 | | 820 ILCS 305/14 | from Ch. 48, par. 138.14 |
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