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Rep. Jay Hoffman
Filed: 2/24/2020
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1 | | AMENDMENT TO HOUSE BILL 4151
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2 | | AMENDMENT NO. ______. Amend House Bill 4151 by replacing |
3 | | everything after the enacting clause with the following:
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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 as |
6 | | follows:
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7 | | (820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
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8 | | Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
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9 | | (a) "Board" means the Self-Insurers Advisory Board created |
10 | | by Section 4a-1.
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11 | | (b) "Chairman" means the Chairman of the Illinois Workers' |
12 | | Compensation Commission.
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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 |
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1 | | disease benefits pursuant to subsection (a) of
Section 4 of the |
2 | | Workers' Occupational Diseases Act but does not include
group |
3 | | self-insured employers under Section 4a of this Act or Section |
4 | | 4a of
the Workers' Occupational Diseases Act or the State of |
5 | | Illinois, any
political subdivision of the State, unit of local |
6 | | government or school
district, or any other public authorities |
7 | | or quasi-governmental bodies
including any subunits of the |
8 | | foregoing entities.
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9 | | (d) "Insolvent self-insurer" means a private self-insurer |
10 | | financially
unable to pay compensation due under this Act, |
11 | | which (i) has filed either prior
to or after the effective date |
12 | | of this Section or (ii) is the subject party
in any proceeding |
13 | | under the Federal Bankruptcy Reform Act of 1978, or is
the |
14 | | subject party in any proceeding in which a receiver, custodian,
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15 | | liquidator, rehabilitator, sequestrator, trustee or similar |
16 | | officer has
been appointed by any Court to act in lieu of or on |
17 | | behalf of that self-insurer.
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18 | | (e) "Fund" means the Self-Insurers Security Fund |
19 | | established by Section 4a-5.
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20 | | (f) "Trustee" means a member of the Self-Insurers Advisory |
21 | | Board.
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22 | | (g) (Blank). "Self-Insurers Administration Fund" means the |
23 | | Fund established by Section 4a-6.1.
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24 | | (h) "Application fee" means the application fee provided |
25 | | for in Section 4a-4.
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26 | | (Source: P.A. 93-721, eff. 1-1-05.)
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1 | | (820 ILCS 305/4a-4) (from Ch. 48, par. 138.4a-4)
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2 | | Sec. 4a-4.
The Self-Insurers Advisory Board shall possess |
3 | | all powers
necessary and convenient to accomplish the objects |
4 | | prescribed by this Act,
including but not limited to the |
5 | | following:
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6 | | (a) The Board shall make such bylaws, rules, regulations |
7 | | and resolutions
as are necessary to carry out its |
8 | | responsibilities. The Board may carry
out its responsibilities |
9 | | directly or by contract or other instrument, and
may purchase |
10 | | such services and collect and borrow such funds as it deems
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11 | | necessary to effectuate its activities and protect the members |
12 | | of the Board
and its employees. The Board shall appoint, retain |
13 | | and employ such persons
as it deems necessary to achieve the |
14 | | purposes of the Board. The Chairman
shall be the chief |
15 | | administrative officer of the Board, and he or she shall
have |
16 | | general supervisory authority over all employees of the Board. |
17 | | Designated
employees shall be subject to the Illinois Personnel |
18 | | Code. All expenses
incurred pursuant to this provision shall be |
19 | | paid from the Self-Insurers
Security Administration Fund. Each |
20 | | private self-insurer applying for self-insurance
and for |
21 | | renewal of the self-insurance privilege shall pay with its
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22 | | application a non-refundable application fee in the amount of |
23 | | $500, which
shall be deposited upon receipt by the Commission |
24 | | into the Self-Insurers Security
Administration Fund and used |
25 | | only for the purposes set forth in Sections 4a-1 through 4a-9 |
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1 | | this
Section . An application fee shall be required of each |
2 | | corporation and each
and every corporate subsidiary.
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3 | | (b) The Board shall meet no less than quarterly and shall |
4 | | meet at other
times upon the call of the Chairman, issued to |
5 | | the Trustees in writing no less
than 48 hours prior to the day |
6 | | and hour of the meeting, or upon a request
for a meeting |
7 | | presented in writing to the Chairman no less than 72 hours
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8 | | prior to the proposed day and hour of the meeting and signed by |
9 | | at least a
majority of the Trustees, whereupon the Chairman |
10 | | shall provide notice
issued in writing to the Trustees no less |
11 | | than 48 hours prior to the meeting
and shall convene the |
12 | | meeting at the time and place stated in the request.
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13 | | (c) Four Trustees shall constitute a quorum to transact |
14 | | business at any
meeting, and the affirmative vote of four |
15 | | Trustees shall be necessary for
any action taken by the Board. |
16 | | No vacancy shall otherwise impair the
rights of the remaining |
17 | | Trustees to exercise all of the powers of the Board.
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18 | | (d) The Board shall serve without compensation, but each |
19 | | member shall be
entitled to be reimbursed for necessary and |
20 | | actual expenses incurred in the
discharge of his official |
21 | | duties.
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22 | | (e) The Board shall have the right to sue and be sued in |
23 | | the name of the
Commission.
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24 | | (Source: P.A. 85-1385.)
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25 | | (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
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1 | | Sec. 4a-5. There is hereby created a Self-Insurers Security |
2 | | Fund. The State
Treasurer shall be the ex officio ex-officio |
3 | | custodian of the Self-Insurers Security
Fund. Moneys in the |
4 | | Fund shall be deposited in a separate account in the
same |
5 | | manner as are State Funds and any interest accruing thereon |
6 | | shall be
added thereto every 6 months. It shall be subject to |
7 | | audit the same as
State funds and accounts and shall be |
8 | | protected by the general bond given
by the State Treasurer. The |
9 | | funds in the Self-Insurers Security Fund shall
not be subject |
10 | | to appropriation and shall be made available for the
purposes |
11 | | of compensating employees who are eligible to receive benefits
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12 | | from their employers pursuant to the provisions of the Workers'
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13 | | Compensation Act or Workers' Occupational Diseases Act, when, |
14 | | pursuant to
this Section, the Board has determined that a |
15 | | private self-insurer has
become an insolvent self-insurer and |
16 | | is unable to pay compensation benefits
due to financial |
17 | | insolvency. Moneys in the Fund may be used to compensate
any |
18 | | type of injury or occupational disease which is compensable |
19 | | under either
Act, and all claims for related administrative |
20 | | fees,
operating costs of the Board, attorney's fees, and other |
21 | | costs reasonably
incurred by the Board. Moneys At the |
22 | | discretion of the Chairman, moneys in the Self-Insurers |
23 | | Security Fund may also be used for paying the salaries and |
24 | | benefits of the Self-Insurers Advisory Board employees and the |
25 | | operating costs of the Board. Payment from the Self-Insurers |
26 | | Security Fund shall
be made by the Comptroller only upon the |
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1 | | authorization of the Chairman as
evidenced by properly |
2 | | certified vouchers of the Commission, upon the
direction of the |
3 | | Board.
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4 | | (Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
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5 | | (820 ILCS 305/4a-6.1) (from Ch. 48, par. 138.4a-6.1)
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6 | | Sec. 4a-6.1.
There is hereby created a Self-Insurers |
7 | | Administration
Fund. The State Treasurer shall be the |
8 | | ex-officio custodian of the
Self-Insurers Administration Fund. |
9 | | Monies in the Self-Insurers
Administration Fund shall be |
10 | | deposited in a separate account in the same
manner as are State |
11 | | Funds, and any interest accruing thereon shall be added
thereto |
12 | | every 6 months. It shall be subject to audit the same as State
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13 | | funds and accounts and shall be protected by the general bond |
14 | | given by the
State Treasurer. The funds in the Self-Insurers |
15 | | Administration Fund shall
not be subject to appropriation and |
16 | | shall be made available only for paying
the salaries and |
17 | | benefits of the Self-Insurers Advisory Board employees and
the |
18 | | operating costs of the Board. Payment from the Self-Insurers
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19 | | Administration Fund shall be made by the Comptroller only upon |
20 | | the
authorization of the Chairman as evidenced by properly |
21 | | certified vouchers
of the Commission. Within 60 days after the |
22 | | effective date of this amendatory Act of the 101st General |
23 | | Assembly, the Secretary of the Commission shall transfer all |
24 | | remaining funds to the Self-Insurers Security Fund for use |
25 | | consistent with the provisions of Section 4a-5. Prior to July |
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1 | | 1, 2020, the State Treasurer shall dissolve the Self-Insurers |
2 | | Administration Fund and close any related accounts.
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3 | | (Source: P.A. 85-1385.)
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4 | | (820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
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5 | | Sec. 4a-7. (a) The Commission may upon direction of the |
6 | | Board from time
to time assess each of the private |
7 | | self-insurers a pro rata share of the
funding reasonably |
8 | | necessary to carry out its activities under Sections 4a-1 |
9 | | through 4a-9 this
Section . The prorations shall be made on the |
10 | | basis of each self-insured's
most recent payment into the rate |
11 | | adjustment fund under Section 7(f) of
this Act. In no event |
12 | | shall a private self-insurer be assessed at one time
in excess |
13 | | of .6% of the compensation paid by that private self-insurer
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14 | | during the previous calendar year for claims incurred as a |
15 | | self-insurer.
Total assessments against it in any calendar year |
16 | | shall not exceed 1.2% of
the compensation it has paid during |
17 | | the previous calendar year as a
self-insurer for claims |
18 | | incurred. Funds obtained by such assessments shall
be used only |
19 | | for the purposes set forth in Sections 4a-1 through 4a-9 this |
20 | | Section , and shall be
deposited upon receipt by the Commission |
21 | | into the Self-Insurers Security
Fund. If payment of any |
22 | | assessment made under this subsection is not made
within 30 |
23 | | days of the sending of the notice to the private self-insurer,
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24 | | the Commission at the direction of the Board shall proceed in |
25 | | circuit court for
judgment against that private self-insurer |
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1 | | which judgment shall include the
amount of the assessment, the |
2 | | costs of suit, interest and reasonable attorneys' fees.
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3 | | (b) A private self-insurer which ceases to be a |
4 | | self-insurer shall be
liable for any and all assessments made |
5 | | pursuant to this Section during
the period following the date |
6 | | its certificate of authority to
self-insure is withdrawn, |
7 | | revoked or surrendered until such time as it
has discharged all |
8 | | obligations to pay compensation which arose during the
period |
9 | | of time said former self-insurer was self-insured. Assessments |
10 | | of
such a former private self-insurer shall be based on the |
11 | | compensation paid
by the former private self-insurer during the |
12 | | preceding calendar year on
claims that arose during the period |
13 | | of time said former private
self-insurer was self-insured.
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14 | | (c) The Board on behalf of the Commission shall annually |
15 | | contract for an
independent certified audit of the financial |
16 | | activities of the Fund, and an
annual report as of June 30 |
17 | | shall be submitted promptly by the Board to
the Chairman of the |
18 | | Illinois Workers' Compensation Commission and to each Trustee. |
19 | | Written
reports of all activities shall be submitted to the |
20 | | Commission by the Board
on a monthly basis.
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21 | | (d) If there are monies remaining in the Fund after all |
22 | | outstanding
obligations of all insolvent self-insurers have |
23 | | been satisfied and the
costs of administration and defense have |
24 | | been paid, such amounts shall be
returned by the Commission |
25 | | from the Fund as directed by the Board to the
then private |
26 | | self-insurers in that proportion which each said private
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1 | | self-insurer has contributed to the Fund one year thereafter, |
2 | | provided no
outstanding liabilities remain against the Fund.
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3 | | (e) Each private self-insurer shall be subject to the |
4 | | direction of the
Commission as provided in Sections 4a-1 |
5 | | through 4a-9 this Section as a condition of obtaining and
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6 | | maintaining its certificate of authority to self-insure.
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7 | | (Source: P.A. 93-721, eff. 1-1-05.)
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8 | | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
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9 | | Sec. 13. There is created an Illinois Workers' Compensation |
10 | | Commission consisting of 10
members to be appointed by the |
11 | | Governor, by and with the consent of the
Senate, 3 of whom |
12 | | shall be representative citizens of the
employing class |
13 | | operating under this Act and 3 of whom shall
be from a labor |
14 | | organization recognized under the National Labor Relations Act |
15 | | or an attorney who has represented labor organizations or has |
16 | | represented employees in workers' compensation cases, and 4 of |
17 | | whom shall be representative citizens not identified
with |
18 | | either the employing or employee classes. Not more than 6 |
19 | | members
of the Commission shall be of the same political party. |
20 | | Each Commissioner appointed on or after the effective date of |
21 | | this amendatory Act of the 101st General Assembly shall be |
22 | | required to be authorized to practice law in this State by the |
23 | | Illinois Supreme Court and to maintain this authorization |
24 | | throughout his or her term of employment.
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25 | | One of the
members not identified with either the employing |
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1 | | or employee classes shall
be designated by the Governor as |
2 | | Chairman. The Chairman shall be the chief
administrative and |
3 | | executive officer of the Commission; and he or she shall
have |
4 | | general supervisory authority over all personnel of the |
5 | | Commission,
including arbitrators and Commissioners, and the |
6 | | final authority in all
administrative matters relating to the |
7 | | Commissioners, including but not
limited to the assignment and |
8 | | distribution of cases and assignment of
Commissioners to the |
9 | | panels, except in the promulgation of procedural rules
and |
10 | | orders under Section 16 and in the determination of cases under |
11 | | this Act.
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12 | | Notwithstanding the general supervisory authority of the |
13 | | Chairman, each
Commissioner, except those assigned to the |
14 | | temporary panel, shall have the
authority to hire and supervise |
15 | | 2 staff attorneys each. Such staff attorneys
shall report |
16 | | directly to the individual Commissioner.
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17 | | A formal training program for newly-appointed |
18 | | Commissioners shall be
implemented. The training program shall |
19 | | include the following:
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20 | | (a) substantive and procedural aspects of the office of |
21 | | Commissioner;
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22 | | (b) current issues in workers' compensation law and |
23 | | practice;
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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;
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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;
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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;
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10 | | (g) writing skills;
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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 |
26 | | including, but not
limited to, the above-noted areas shall be |
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1 | | implemented to keep
Commissioners informed of recent |
2 | | developments and issues and to assist them
in maintaining and |
3 | | enhancing their professional competence. Each Commissioner |
4 | | shall complete 20 hours of training in the above-noted areas |
5 | | during every 2 years such Commissioner shall remain in office.
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6 | | The Commissioner candidates, other than the Chairman, must |
7 | | meet one of
the following qualifications: (a) licensed to |
8 | | practice law in the State of
Illinois; or (b) served as an |
9 | | arbitrator at the Illinois Workers' Compensation
Commission |
10 | | for at least 3 years; or (c) has at least 4 years of
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11 | | professional labor relations experience. The Chairman |
12 | | candidate must have
public or private sector management and |
13 | | budget experience, as determined
by the Governor.
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14 | | Each Commissioner shall devote full time to his duties and |
15 | | any
Commissioner who is an attorney-at-law shall not engage in |
16 | | the practice
of law, nor shall any Commissioner hold any other |
17 | | office or position of
profit under the United States or this |
18 | | State or any municipal
corporation or political subdivision of |
19 | | this State, nor engage in any other
business, employment, or |
20 | | vocation.
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21 | | The term of office of each member of the Commission holding |
22 | | office on
the effective date of this amendatory Act of 1989 is |
23 | | abolished, but
the incumbents shall continue to exercise all of |
24 | | the powers and be subject
to all of the duties of Commissioners |
25 | | until their respective successors are
appointed and qualified.
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26 | | The Illinois Workers' Compensation Commission shall |
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1 | | administer this Act.
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2 | | In the promulgation of procedural rules, the determination |
3 | | of cases heard en banc, and other matters determined by the |
4 | | full Commission, the Chairman's vote shall break a tie in the |
5 | | event of a tie vote.
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6 | | The members shall be appointed by the Governor, with the |
7 | | advice and
consent of the Senate, as follows:
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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
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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.
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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.
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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.
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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
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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.
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15 | | The Chairman shall receive an annual salary of $42,500, or
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16 | | a salary set by the Compensation Review Board, whichever is |
17 | | greater,
and each other member shall receive an annual salary |
18 | | of $38,000, or a
salary set by the Compensation Review Board, |
19 | | whichever is greater.
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20 | | After the effective date of this amendatory Act of the |
21 | | 101st General Assembly, each Commissioner shall receive an |
22 | | annual salary of 70% of a Circuit Court Judge in the Judicial |
23 | | Court constituted by the First Judicial District under the |
24 | | Salaries Act and the Chairman shall receive an annual salary of |
25 | | 5% more than the other Commissioners. |
26 | | In case of a vacancy in the office of a Commissioner during |
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1 | | the
recess of the Senate, the Governor shall make a temporary |
2 | | appointment
until the next meeting of the Senate, when he shall |
3 | | nominate some person
to fill such office. Any person so |
4 | | nominated who is confirmed by the
Senate shall hold office |
5 | | during the remainder of the term and until his
successor is |
6 | | appointed and qualified.
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7 | | The Illinois Workers' Compensation Commission created by |
8 | | this amendatory Act of 1989
shall succeed to all the rights, |
9 | | powers, duties, obligations, records
and other property and |
10 | | employees of the Industrial Commission which it
replaces as |
11 | | modified by this amendatory Act of 1989 and all applications
|
12 | | and reports to actions and proceedings of such prior Industrial |
13 | | Commission
shall be considered as applications and reports to |
14 | | actions and proceedings
of the Illinois Workers' Compensation |
15 | | Commission created by this amendatory Act of 1989.
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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 to |
21 | | serve as acting Commissioner. The certified
arbitrator shall |
22 | | act as a Commissioner until the member resumes the duties
of |
23 | | his or her office or until a new member is appointed by the |
24 | | Governor, by
and with the consent of the Senate, if a vacancy |
25 | | occurs in the office of
the Commissioner, but in no event shall |
26 | | a certified arbitrator serve in the
capacity of Commissioner |
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1 | | for more than 6 months from the date of
appointment by the |
2 | | Chairman. A finding by the Chairman that a member is or
will be |
3 | | unavailable to fulfill the responsibilities of his or her |
4 | | office
shall be based upon notice to the Chairman by a member |
5 | | that he or she will
be unavailable or facts and circumstances |
6 | | made known to the Chairman which
lead him to reasonably find |
7 | | that a member is unavailable to fulfill the
responsibilities of |
8 | | his or her office. The designation of a certified
arbitrator to |
9 | | act as a Commissioner shall be considered representative of
|
10 | | citizens not identified with either the employing or employee |
11 | | classes and
the arbitrator shall serve regardless of his or her |
12 | | political affiliation.
A certified arbitrator who serves as an |
13 | | acting Commissioner shall have all
the rights and powers of a |
14 | | Commissioner, including salary.
|
15 | | Notwithstanding any other provision of this Act, the |
16 | | Governor shall appoint
a special panel of Commissioners |
17 | | comprised of 3 members who shall be chosen
by the Governor, by |
18 | | and with the consent of the Senate, from among the
current |
19 | | ranks of certified arbitrators. Three members shall hold office
|
20 | | until the Commission in consultation with the Governor |
21 | | determines that the
caseload on review has been reduced |
22 | | sufficiently to allow cases to proceed
in a timely manner or |
23 | | for a term of 18 months from the effective date of
their |
24 | | appointment by the Governor, whichever shall be earlier. The 3
|
25 | | members shall be considered representative of citizens not |
26 | | identified with
either the employing or employee classes and |
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1 | | shall serve regardless of
political affiliation. Each of the 3 |
2 | | members shall have only such rights
and powers of a |
3 | | Commissioner necessary to dispose of those cases assigned
to |
4 | | the special panel. Each of the 3 members appointed to the |
5 | | special panel
shall receive the same salary as other |
6 | | Commissioners for the duration of
the panel.
|
7 | | The Commission may have an Executive Director; if so, the |
8 | | Executive
Director shall be appointed by the Governor with the |
9 | | advice and consent of the
Senate. The salary and duties of the |
10 | | Executive Director shall be fixed by the
Commission.
|
11 | | On the effective date of this amendatory Act of
the 93rd |
12 | | General Assembly, the name of the Industrial Commission is |
13 | | changed to the Illinois Workers' Compensation Commission. |
14 | | References in any law, appropriation, rule, form, or other
|
15 | | document: (i) to the Industrial Commission
are deemed, in |
16 | | appropriate contexts, to be references to the Illinois Workers' |
17 | | Compensation Commission for all purposes; (ii) to the |
18 | | Industrial Commission Operations Fund
are deemed, in |
19 | | appropriate contexts, to be references to the Illinois Workers' |
20 | | Compensation Commission Operations Fund for all purposes; |
21 | | (iii) to the Industrial Commission Operations Fund Fee are |
22 | | deemed, in appropriate contexts, to be
references to the |
23 | | Illinois Workers' Compensation Commission Operations Fund Fee |
24 | | for all
purposes; and (iv) to the Industrial Commission |
25 | | Operations Fund Surcharge are deemed, in appropriate contexts, |
26 | | to be
references to the Illinois Workers' Compensation |
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1 | | Commission 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 |
5 | | assistant
secretary , and arbitrators and shall employ such
|
6 | | assistants and clerical help as may be necessary. Arbitrators |
7 | | shall be appointed pursuant to this Section, notwithstanding |
8 | | any provision of the Personnel Code.
|
9 | | Each arbitrator appointed after June 28, 2011 shall be |
10 | | required
to demonstrate in writing his or
her knowledge of and |
11 | | expertise in the law of and judicial processes of
the Workers' |
12 | | Compensation Act and the Workers' Occupational Diseases Act.
|
13 | | A formal training program for newly-hired arbitrators |
14 | | shall be
implemented. The training program shall include the |
15 | | following:
|
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 |
22 | | including, but not
limited to, the above-noted areas shall be |
23 | | implemented to keep arbitrators
informed of recent |
24 | | developments and issues and to assist them in
maintaining and |
25 | | enhancing their professional competence. Each arbitrator shall |
26 | | complete 20 hours of training in the above-noted areas during |
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1 | | every 2 years such arbitrator shall remain in office.
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2 | | Each
arbitrator shall devote full time to his or her duties |
3 | | and shall serve when
assigned as
an acting Commissioner when a |
4 | | Commissioner is unavailable in accordance
with the provisions |
5 | | of Section 13 of this Act. Any
arbitrator who is an |
6 | | attorney-at-law shall not engage in the practice of
law, nor |
7 | | shall any arbitrator hold any other office or position of
|
8 | | profit under the United States or this State or any municipal
|
9 | | corporation or political subdivision of this State.
|
10 | | Notwithstanding any other provision of this Act to the |
11 | | contrary, an arbitrator
who serves as an acting Commissioner in |
12 | | accordance with the provisions of
Section 13 of this Act shall |
13 | | continue to serve in the capacity of Commissioner
until a |
14 | | decision is reached in every case heard by that arbitrator |
15 | | while
serving as an acting Commissioner.
|
16 | | Notwithstanding any other provision of this Section, the |
17 | | term of all arbitrators serving on June 28, 2011 (the effective |
18 | | date of Public Act 97-18), including any arbitrators on |
19 | | administrative leave, shall terminate at the close of business |
20 | | on July 1, 2011, but the incumbents shall continue to exercise |
21 | | all of their duties until they are reappointed or their |
22 | | successors are appointed. |
23 | | On and after June 28, 2011 (the effective date of Public |
24 | | Act 97-18), arbitrators shall be appointed to 3-year terms as |
25 | | follows: |
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 |
9 | | the performance of the arbitrator and may recommend to the |
10 | | Governor that he or she be reappointed to a second or |
11 | | subsequent term by the Governor with the advice and consent of |
12 | | the Senate. |
13 | | Each arbitrator appointed on or after June 28, 2011 (the |
14 | | effective date of Public Act 97-18) and who has not previously |
15 | | served as an arbitrator for the Commission shall be required to |
16 | | be authorized to practice law in this State by the Supreme |
17 | | Court, and to maintain this authorization throughout his or her |
18 | | term of employment.
|
19 | | The performance of all arbitrators shall be reviewed by the |
20 | | Chairman every other year, or more at the discretion of the |
21 | | Chairman on
an annual basis . The Chairman shall allow input |
22 | | from the Commissioners in
all such reviews.
|
23 | | The Commission shall assign no fewer than 3 arbitrators to |
24 | | each hearing site. The Commission shall establish a procedure |
25 | | to ensure that the arbitrators assigned to each hearing site |
26 | | are assigned cases on a random basis. No arbitrator shall hear |
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1 | | cases in any county, other than Cook County, for more than 4 2 |
2 | | years consecutively in each 3-year term . |
3 | | The Secretary and each arbitrator shall receive a per annum |
4 | | salary of
5% $4,000 less than the per annum salary of members |
5 | | of The
Illinois Workers' Compensation Commission as
provided in |
6 | | Section 13 of this Act, payable in equal monthly installments.
|
7 | | On and after the effective date of this amendatory Act of |
8 | | the 101st General Assembly, the Secretary and each arbitrator |
9 | | shall receive a per annum salary of 5% less than the per annum |
10 | | salary of members of the Illinois Workers' Compensation |
11 | | Commission as provided in Section 13 of this Act, payable in |
12 | | equal monthly installments. |
13 | | The members of the Commission, Arbitrators and other |
14 | | employees whose
duties require them to travel, shall have |
15 | | reimbursed to them their
actual traveling expenses and |
16 | | disbursements made or incurred by them in
the discharge of |
17 | | their official duties while away from their place of
residence |
18 | | in the performance of their duties.
|
19 | | The Commission shall provide itself with a seal for the
|
20 | | authentication of its orders, awards and proceedings upon which |
21 | | shall be
inscribed the name of the Commission and the words |
22 | | "Illinois--Seal".
|
23 | | The Secretary or Assistant Secretary, under the direction |
24 | | of the
Commission, shall have charge and custody of the seal of |
25 | | the Commission
and also have charge and custody of all records, |
26 | | files, orders,
proceedings, decisions, awards and other |
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1 | | documents on file with the
Commission. He shall furnish |
2 | | certified copies, under the seal of the
Commission, of any such |
3 | | records, files, orders, proceedings, decisions,
awards and |
4 | | other documents on file with the Commission as may be
required. |
5 | | Certified copies so furnished by the Secretary or Assistant
|
6 | | Secretary shall be received in evidence before the Commission |
7 | | or any
Arbitrator thereof, and in all courts, provided that the |
8 | | original of
such certified copy is otherwise competent and |
9 | | admissible in evidence.
The Secretary or Assistant Secretary |
10 | | shall perform such other duties as
may be prescribed from time |
11 | | to time by the Commission.
|
12 | | (Source: P.A. 98-40, eff. 6-28-13; 99-642, eff. 7-28-16.)
|
13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.".
|