Section 9020.90  Petitions to Reinstate

a)         When a cause has been dismissed from the Arbitration call for want of prosecution, the parties shall have 60 days from receipt of the dismissal order to file a Petition to Reinstate the cause onto the Arbitration call.  Notices of dismissal shall be sent to the parties.

b)         Petitions to Reinstate must be in writing.  The Petition shall set forth the reason the cause was dismissed and the grounds relied upon for reinstatement.  The Petition must also set forth the date on which the Petitioner will appear before the Arbitrator to present the Petition.  A copy of the Petition must be served on the other side at the time of filing with the Commission in accordance with the requirements of Section 9020.70. The Respondent may file a response to the Petition.

c)         Petitions to Reinstate shall be docketed and heard by the same Arbitrator to whom the case is assigned.  Both parties must appear at the time and place set for hearing.  Parties will be permitted to present evidence in support of, or in opposition to, the Petition.  The Arbitrator shall apply standards of fairness and equity in ruling on the Petition to Reinstate and shall consider the grounds relied on by the Petitioner, the objections of the Respondent, and the precedents set forth in Commission decisions.  A record shall be made of a hearing on any contested Petition.

d)         A cause shall be reinstated upon stipulation of the parties filed with the Commission, which will docket the stipulation.

e)         Nothing in this Section abridges the rights found in the applicable Statute of Limitations of the Illinois Workers' Compensation Act (Section 6(d) of the Act) or Section 6(c) of the Illinois Occupational Diseases Act.

(Source:  Amended at 40 Ill. Reg. 15709, effective November 9, 2016)