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90_HB0816
820 ILCS 305/13 from Ch. 48, par. 138.13
Amends the Workers' Compensation Act. Provides that the
Industrial Commission may conduct audits of any employer,
self-insurer, group self-insurer, or insurance company making
payments on behalf of an insured employer to determine
whether it is paying the correct amount of assessments,
contributions, and other obligations required to be paid
under the Workers' Compensation Act and the Workers'
Occupational Diseases Act.
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1 AN ACT to amend the Workers' Compensation Act by changing
2 Section 13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 changing Section 13 as follows:
7 (820 ILCS 305/13) (from Ch. 48, par. 138.13)
8 Sec. 13. There is created an Industrial Commission
9 consisting of 7 members to be appointed by the Governor, by
10 and with the consent of the Senate, 2 of whom shall be
11 representative citizens of the employing class operating
12 under this Act and 2 of whom shall be representative citizens
13 of the class of employees covered under this Act, and 3 of
14 whom shall be representative citizens not identified with
15 either the employing or employee classes. Not more than 4
16 members of the Commission shall be of the same political
17 party. One of the 3 members not identified with either the
18 employing or employee classes shall be designated by the
19 Governor as Chairman. The Chairman shall be the chief
20 administrative and executive officer of the Commission; and
21 he or she shall have general supervisory authority over all
22 personnel of the Commission, including arbitrators and
23 Commissioners, and the final authority in all administrative
24 matters relating to the Commissioners, including but not
25 limited to the assignment and distribution of cases and
26 assignment of Commissioners to the panels, except in the
27 promulgation of procedural rules and orders under Section 16
28 and in the determination of cases under this Act.
29 Notwithstanding the general supervisory authority of the
30 Chairman, each Commissioner, except those assigned to the
31 temporary panel, shall have the authority to hire and
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1 supervise 2 staff attorneys each. Such staff attorneys shall
2 report directly to the individual Commissioner.
3 A formal training program for newly-appointed
4 Commissioners shall be implemented. The training program
5 shall include the following:
6 (a) substantive and procedural aspects of the
7 office of Commissioner;
8 (b) current issues in workers' compensation law and
9 practice;
10 (c) medical lectures by specialists in areas such
11 as orthopedics, ophthalmology, psychiatry, rehabilitation
12 counseling;
13 (d) orientation to each operational unit of the
14 Industrial Commission;
15 (e) observation of experienced arbitrators and
16 Commissioners conducting hearings of cases, combined with
17 the opportunity to discuss evidence presented and rulings
18 made;
19 (f) the use of hypothetical cases requiring the
20 newly-appointed Commissioner to issue judgments as a
21 means to evaluating knowledge and writing ability;
22 (g) writing skills.
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
27 enhancing their professional competence.
28 The Commissioner candidates, other than the Chairman,
29 must meet one of the following qualifications: (a) licensed
30 to practice law in the State of Illinois; or (b) served as an
31 arbitrator at the Illinois Industrial Commission for at least
32 3 years; or (c) has at least 4 years of professional labor
33 relations experience. The Chairman candidate must have
34 public or private sector management and budget experience, as
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1 determined by the Governor.
2 Each Commissioner shall devote full time to his duties
3 and any Commissioner who is an attorney-at-law shall not
4 engage in the practice of law, nor shall any Commissioner
5 hold any other office or position of profit under the United
6 States or this State or any municipal corporation or
7 political subdivision of this State.
8 The term of office of each member of the Commission
9 holding office on the effective date of this amendatory Act
10 of 1989 is abolished, but the incumbents shall continue to
11 exercise all of the powers and be subject to all of the
12 duties of Commissioners until their respective successors are
13 appointed and qualified.
14 The Industrial Commission shall administer this Act.
15 The members shall be appointed by the Governor, with the
16 advice and consent of the Senate, as follows:
17 (a) After the effective date of this amendatory Act
18 of 1989, 3 members, at least one of each political party,
19 and one of whom shall be a representative citizen of the
20 employing class operating under this Act, one of whom
21 shall be a representative citizen of the class of
22 employees covered under this Act, and one of whom shall
23 be a representative citizen not identified with either
24 the employing or employee classes, shall be appointed to
25 hold office until the third Monday in January of 1993,
26 and until their successors are appointed and qualified,
27 and 4 members, one of whom shall be a representative
28 citizen of the employing class operating under this Act,
29 one of whom shall be a representative citizen of the
30 class of employees covered in this Act, and two of whom
31 shall be representative citizens not identified with
32 either the employing or employee classes, one of whom
33 shall be designated by the Governor as Chairman (at least
34 one of each of the two major political parties) shall be
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1 appointed to hold office until the third Monday of
2 January in 1991, and until their successors are appointed
3 and qualified.
4 (b) Members shall thereafter be appointed to hold
5 office for terms of 4 years from the third Monday in
6 January of the year of their appointment, and until their
7 successors are appointed and qualified. All such
8 appointments shall be made so that the composition of the
9 Commission is in accordance with the provisions of the
10 first paragraph of this Section.
11 The Chairman shall receive an annual salary of $42,500,
12 or a salary set by the Compensation Review Board, whichever
13 is greater, and each other member shall receive an annual
14 salary of $38,000, or a salary set by the Compensation Review
15 Board, whichever is greater.
16 In case of a vacancy in the office of a Commissioner
17 during the recess of the Senate, the Governor shall make a
18 temporary appointment until the next meeting of the Senate,
19 when he shall nominate some person to fill such office. Any
20 person so nominated who is confirmed by the Senate shall hold
21 office during the remainder of the term and until his
22 successor is appointed and qualified.
23 The Industrial Commission created by this amendatory Act
24 of 1989 shall succeed to all the rights, powers, duties,
25 obligations, records and other property and employees of the
26 Industrial Commission which it replaces as modified by this
27 amendatory Act of 1989 and all applications and reports to
28 actions and proceedings of such prior Industrial Commission
29 shall be considered as applications and reports to actions
30 and proceedings of the Industrial Commission created by this
31 amendatory Act of 1989.
32 Notwithstanding any other provision of this Act, in the
33 event the Chairman shall make a finding that a member is or
34 will be unavailable to fulfill the responsibilities of his or
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1 her office, the Chairman shall advise the Governor and the
2 member in writing and shall designate a certified arbitrator
3 to serve as acting Commissioner. The certified arbitrator
4 shall act as a Commissioner until the member resumes the
5 duties of his or her office or until a new member is
6 appointed by the Governor, by and with the consent of the
7 Senate, if a vacancy occurs in the office of the
8 Commissioner, but in no event shall a certified arbitrator
9 serve in the capacity of Commissioner for more than 6 months
10 from the date of appointment by the Chairman. A finding by
11 the Chairman that a member is or will be unavailable to
12 fulfill the responsibilities of his or her office shall be
13 based upon notice to the Chairman by a member that he or she
14 will be unavailable or facts and circumstances made known to
15 the Chairman which lead him to reasonably find that a member
16 is unavailable to fulfill the responsibilities of his or her
17 office. The designation of a certified arbitrator to act as
18 a Commissioner shall be considered representative of citizens
19 not identified with either the employing or employee classes
20 and the arbitrator shall serve regardless of his or her
21 political affiliation. A certified arbitrator who serves as
22 an acting Commissioner shall have all the rights and powers
23 of a Commissioner, including salary.
24 Notwithstanding any other provision of this Act, the
25 Governor shall appoint a special panel of Commissioners
26 comprised of 3 members who shall be chosen by the Governor,
27 by and with the consent of the Senate, from among the current
28 ranks of certified arbitrators. Three members shall hold
29 office until the Commission in consultation with the Governor
30 determines that the caseload on review has been reduced
31 sufficiently to allow cases to proceed in a timely manner or
32 for a term of 18 months from the effective date of their
33 appointment by the Governor, whichever shall be earlier. The
34 3 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. The Commission
8 may conduct audits of any employer, self-insurer, group
9 self-insurer, or insurance company making payments on behalf
10 of an insured employer to determine whether it is paying the
11 correct amount of assessments, contributions, and other
12 obligations required to be paid under this Act and the
13 Workers' Occupational Diseases Act.
14 (Source: P.A. 86-998; 86-1405.)