Rep. Jay Hoffman

Filed: 2/24/2020

 

 


 

 


 
10100HB4151ham001LRB101 16414 JLS 70550 a

1
AMENDMENT TO HOUSE BILL 4151

2    AMENDMENT NO. ______. Amend House Bill 4151 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Workers' Compensation Act is amended by
5changing Sections 4a-2, 4a-4, 4a-5, 4a-6.1, 4a-7, 13, and 14 as
6follows:
 
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
10by Section 4a-1.
11    (b) "Chairman" means the Chairman of the Illinois Workers'
12Compensation Commission.
13    (c) "Private self-insurer" means a private employer that
14has been authorized to self-insure its payment of workers'
15compensation benefits pursuant to subsection (a) of Section 4
16of this Act or to self-insure its payment of occupational

 

 

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1disease benefits pursuant to subsection (a) of Section 4 of the
2Workers' Occupational Diseases Act but does not include group
3self-insured employers under Section 4a of this Act or Section
44a of the Workers' Occupational Diseases Act or the State of
5Illinois, any political subdivision of the State, unit of local
6government or school district, or any other public authorities
7or quasi-governmental bodies including any subunits of the
8foregoing entities.
9    (d) "Insolvent self-insurer" means a private self-insurer
10financially unable to pay compensation due under this Act,
11which (i) has filed either prior to or after the effective date
12of this Section or (ii) is the subject party in any proceeding
13under the Federal Bankruptcy Reform Act of 1978, or is the
14subject party in any proceeding in which a receiver, custodian,
15liquidator, rehabilitator, sequestrator, trustee or similar
16officer has been appointed by any Court to act in lieu of or on
17behalf of that self-insurer.
18    (e) "Fund" means the Self-Insurers Security Fund
19established by Section 4a-5.
20    (f) "Trustee" means a member of the Self-Insurers Advisory
21Board.
22    (g) (Blank). "Self-Insurers Administration Fund" means the
23Fund established by Section 4a-6.1.
24    (h) "Application fee" means the application fee provided
25for in Section 4a-4.
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)
2    Sec. 4a-4. The Self-Insurers Advisory Board shall possess
3all powers necessary and convenient to accomplish the objects
4prescribed by this Act, including but not limited to the
5following:
6    (a) The Board shall make such bylaws, rules, regulations
7and resolutions as are necessary to carry out its
8responsibilities. The Board may carry out its responsibilities
9directly or by contract or other instrument, and may purchase
10such services and collect and borrow such funds as it deems
11necessary to effectuate its activities and protect the members
12of the Board and its employees. The Board shall appoint, retain
13and employ such persons as it deems necessary to achieve the
14purposes of the Board. The Chairman shall be the chief
15administrative officer of the Board, and he or she shall have
16general supervisory authority over all employees of the Board.
17Designated employees shall be subject to the Illinois Personnel
18Code. All expenses incurred pursuant to this provision shall be
19paid from the Self-Insurers Security Administration Fund. Each
20private self-insurer applying for self-insurance and for
21renewal of the self-insurance privilege shall pay with its
22application a non-refundable application fee in the amount of
23$500, which shall be deposited upon receipt by the Commission
24into the Self-Insurers Security Administration Fund and used
25only for the purposes set forth in Sections 4a-1 through 4a-9

 

 

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1this Section. An application fee shall be required of each
2corporation and each and every corporate subsidiary.
3    (b) The Board shall meet no less than quarterly and shall
4meet at other times upon the call of the Chairman, issued to
5the Trustees in writing no less than 48 hours prior to the day
6and hour of the meeting, or upon a request for a meeting
7presented in writing to the Chairman no less than 72 hours
8prior to the proposed day and hour of the meeting and signed by
9at least a majority of the Trustees, whereupon the Chairman
10shall provide notice issued in writing to the Trustees no less
11than 48 hours prior to the meeting and shall convene the
12meeting at the time and place stated in the request.
13    (c) Four Trustees shall constitute a quorum to transact
14business at any meeting, and the affirmative vote of four
15Trustees shall be necessary for any action taken by the Board.
16No vacancy shall otherwise impair the rights of the remaining
17Trustees to exercise all of the powers of the Board.
18    (d) The Board shall serve without compensation, but each
19member shall be entitled to be reimbursed for necessary and
20actual expenses incurred in the discharge of his official
21duties.
22    (e) The Board shall have the right to sue and be sued in
23the name of the Commission.
24(Source: P.A. 85-1385.)
 
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
2Fund. The State Treasurer shall be the ex officio ex-officio
3custodian of the Self-Insurers Security Fund. Moneys in the
4Fund shall be deposited in a separate account in the same
5manner as are State Funds and any interest accruing thereon
6shall be added thereto every 6 months. It shall be subject to
7audit the same as State funds and accounts and shall be
8protected by the general bond given by the State Treasurer. The
9funds in the Self-Insurers Security Fund shall not be subject
10to appropriation and shall be made available for the purposes
11of compensating employees who are eligible to receive benefits
12from their employers pursuant to the provisions of the Workers'
13Compensation Act or Workers' Occupational Diseases Act, when,
14pursuant to this Section, the Board has determined that a
15private self-insurer has become an insolvent self-insurer and
16is unable to pay compensation benefits due to financial
17insolvency. Moneys in the Fund may be used to compensate any
18type of injury or occupational disease which is compensable
19under either Act, and all claims for related administrative
20fees, operating costs of the Board, attorney's fees, and other
21costs reasonably incurred by the Board. Moneys At the
22discretion of the Chairman, moneys in the Self-Insurers
23Security Fund may also be used for paying the salaries and
24benefits of the Self-Insurers Advisory Board employees and the
25operating costs of the Board. Payment from the Self-Insurers
26Security Fund shall be made by the Comptroller only upon the

 

 

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1authorization of the Chairman as evidenced by properly
2certified vouchers of the Commission, upon the direction of the
3Board.
4(Source: P.A. 101-40, eff. 1-1-20; revised 8-6-19.)
 
5    (820 ILCS 305/4a-6.1)  (from Ch. 48, par. 138.4a-6.1)
6    Sec. 4a-6.1. There is hereby created a Self-Insurers
7Administration Fund. The State Treasurer shall be the
8ex-officio custodian of the Self-Insurers Administration Fund.
9Monies in the Self-Insurers Administration Fund shall be
10deposited in a separate account in the same manner as are State
11Funds, and any interest accruing thereon shall be added thereto
12every 6 months. It shall be subject to audit the same as State
13funds and accounts and shall be protected by the general bond
14given by the State Treasurer. The funds in the Self-Insurers
15Administration Fund shall not be subject to appropriation and
16shall be made available only for paying the salaries and
17benefits of the Self-Insurers Advisory Board employees and the
18operating costs of the Board. Payment from the Self-Insurers
19Administration Fund shall be made by the Comptroller only upon
20the authorization of the Chairman as evidenced by properly
21certified vouchers of the Commission. Within 60 days after the
22effective date of this amendatory Act of the 101st General
23Assembly, the Secretary of the Commission shall transfer all
24remaining funds to the Self-Insurers Security Fund for use
25consistent with the provisions of Section 4a-5. Prior to July

 

 

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11, 2020, the State Treasurer shall dissolve the Self-Insurers
2Administration Fund and close any related accounts.
3(Source: P.A. 85-1385.)
 
4    (820 ILCS 305/4a-7)  (from Ch. 48, par. 138.4a-7)
5    Sec. 4a-7. (a) The Commission may upon direction of the
6Board from time to time assess each of the private
7self-insurers a pro rata share of the funding reasonably
8necessary to carry out its activities under Sections 4a-1
9through 4a-9 this Section. The prorations shall be made on the
10basis of each self-insured's most recent payment into the rate
11adjustment fund under Section 7(f) of this Act. In no event
12shall a private self-insurer be assessed at one time in excess
13of .6% of the compensation paid by that private self-insurer
14during the previous calendar year for claims incurred as a
15self-insurer. Total assessments against it in any calendar year
16shall not exceed 1.2% of the compensation it has paid during
17the previous calendar year as a self-insurer for claims
18incurred. Funds obtained by such assessments shall be used only
19for the purposes set forth in Sections 4a-1 through 4a-9 this
20Section, and shall be deposited upon receipt by the Commission
21into the Self-Insurers Security Fund. If payment of any
22assessment made under this subsection is not made within 30
23days of the sending of the notice to the private self-insurer,
24the Commission at the direction of the Board shall proceed in
25circuit court for judgment against that private self-insurer

 

 

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1which judgment shall include the amount of the assessment, the
2costs of suit, interest and reasonable attorneys' fees.
3    (b) A private self-insurer which ceases to be a
4self-insurer shall be liable for any and all assessments made
5pursuant to this Section during the period following the date
6its certificate of authority to self-insure is withdrawn,
7revoked or surrendered until such time as it has discharged all
8obligations to pay compensation which arose during the period
9of time said former self-insurer was self-insured. Assessments
10of such a former private self-insurer shall be based on the
11compensation paid by the former private self-insurer during the
12preceding calendar year on claims that arose during the period
13of time said former private self-insurer was self-insured.
14    (c) The Board on behalf of the Commission shall annually
15contract for an independent certified audit of the financial
16activities of the Fund, and an annual report as of June 30
17shall be submitted promptly by the Board to the Chairman of the
18Illinois Workers' Compensation Commission and to each Trustee.
19Written reports of all activities shall be submitted to the
20Commission by the Board on a monthly basis.
21    (d) If there are monies remaining in the Fund after all
22outstanding obligations of all insolvent self-insurers have
23been satisfied and the costs of administration and defense have
24been paid, such amounts shall be returned by the Commission
25from the Fund as directed by the Board to the then private
26self-insurers in that proportion which each said private

 

 

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1self-insurer has contributed to the Fund one year thereafter,
2provided no outstanding liabilities remain against the Fund.
3    (e) Each private self-insurer shall be subject to the
4direction of the Commission as provided in Sections 4a-1
5through 4a-9 this Section as a condition of obtaining and
6maintaining its certificate of authority to self-insure.
7(Source: P.A. 93-721, eff. 1-1-05.)
 
8    (820 ILCS 305/13)  (from Ch. 48, par. 138.13)
9    Sec. 13. There is created an Illinois Workers' Compensation
10Commission consisting of 10 members to be appointed by the
11Governor, by and with the consent of the Senate, 3 of whom
12shall be representative citizens of the employing class
13operating under this Act and 3 of whom shall be from a labor
14organization recognized under the National Labor Relations Act
15or an attorney who has represented labor organizations or has
16represented employees in workers' compensation cases, and 4 of
17whom shall be representative citizens not identified with
18either the employing or employee classes. Not more than 6
19members of the Commission shall be of the same political party.
20Each Commissioner appointed on or after the effective date of
21this amendatory Act of the 101st General Assembly shall be
22required to be authorized to practice law in this State by the
23Illinois Supreme Court and to maintain this authorization
24throughout his or her term of employment.
25    One of the members not identified with either the employing

 

 

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1or employee classes shall be designated by the Governor as
2Chairman. The Chairman shall be the chief administrative and
3executive officer of the Commission; and he or she shall have
4general supervisory authority over all personnel of the
5Commission, including arbitrators and Commissioners, and the
6final authority in all administrative matters relating to the
7Commissioners, including but not limited to the assignment and
8distribution of cases and assignment of Commissioners to the
9panels, except in the promulgation of procedural rules and
10orders under Section 16 and in the determination of cases under
11this Act.
12    Notwithstanding the general supervisory authority of the
13Chairman, each Commissioner, except those assigned to the
14temporary panel, shall have the authority to hire and supervise
152 staff attorneys each. Such staff attorneys shall report
16directly to the individual Commissioner.
17    A formal training program for newly-appointed
18Commissioners shall be implemented. The training program shall
19include the following:
20        (a) substantive and procedural aspects of the office of
21    Commissioner;
22        (b) current issues in workers' compensation law and
23    practice;
24        (c) medical lectures by specialists in areas such as
25    orthopedics, ophthalmology, psychiatry, rehabilitation
26    counseling;

 

 

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1        (d) orientation to each operational unit of the
2    Illinois Workers' Compensation Commission;
3        (e) observation of experienced arbitrators and
4    Commissioners conducting hearings of cases, combined with
5    the opportunity to discuss evidence presented and rulings
6    made;
7        (f) the use of hypothetical cases requiring the
8    newly-appointed Commissioner to issue judgments as a means
9    to evaluating knowledge and writing ability;
10        (g) writing skills;
11        (h) professional and ethical standards pursuant to
12    Section 1.1 of this Act;
13        (i) detection of workers' compensation fraud and
14    reporting obligations of Commission employees and
15    appointees;
16        (j) standards of evidence-based medical treatment and
17    best practices for measuring and improving quality and
18    health care outcomes in the workers' compensation system,
19    including but not limited to the use of the American
20    Medical Association's "Guides to the Evaluation of
21    Permanent Impairment" and the practice of utilization
22    review; and
23        (k) substantive and procedural aspects of coal
24    workers' pneumoconiosis (black lung) cases.
25    A formal and ongoing professional development program
26including, but not limited to, the above-noted areas shall be

 

 

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

 

 

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1administer this Act.
2    In the promulgation of procedural rules, the determination
3of cases heard en banc, and other matters determined by the
4full Commission, the Chairman's vote shall break a tie in the
5event of a tie vote.
6    The members shall be appointed by the Governor, with the
7advice and consent of the Senate, as follows:
8        (a) After the effective date of this amendatory Act of
9    1989, 3 members, at least one of each political party, and
10    one of whom shall be a representative citizen of the
11    employing class operating under this Act, one of whom shall
12    be a representative citizen of the class of employees
13    covered under this Act, and one of whom shall be a
14    representative citizen not identified with either the
15    employing or employee classes, shall be appointed to hold
16    office until the third Monday in January of 1993, and until
17    their successors are appointed and qualified, and 4
18    members, one of whom shall be a representative citizen of
19    the employing class operating under this Act, one of whom
20    shall be a representative citizen of the class of employees
21    covered in this Act, and two of whom shall be
22    representative citizens not identified with either the
23    employing or employee classes, one of whom shall be
24    designated by the Governor as Chairman (at least one of
25    each of the two major political parties) shall be appointed
26    to hold office until the third Monday of January in 1991,

 

 

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1    and until their successors are appointed and qualified.
2        (a-5) Notwithstanding any other provision of this
3    Section, the term of each member of the Commission who was
4    appointed by the Governor and is in office on June 30, 2003
5    shall terminate at the close of business on that date or
6    when all of the successor members to be appointed pursuant
7    to this amendatory Act of the 93rd General Assembly have
8    been appointed by the Governor, whichever occurs later. As
9    soon as possible, the Governor shall appoint persons to
10    fill the vacancies created by this amendatory Act. Of the
11    initial commissioners appointed pursuant to this
12    amendatory Act of the 93rd General Assembly, 3 shall be
13    appointed for terms ending on the third Monday in January,
14    2005, and 4 shall be appointed for terms ending on the
15    third Monday in January, 2007.
16        (a-10) After the effective date of this amendatory Act
17    of the 94th General Assembly, the Commission shall be
18    increased to 10 members. As soon as possible after the
19    effective date of this amendatory Act of the 94th General
20    Assembly, the Governor shall appoint, by and with the
21    consent of the Senate, the 3 members added to the
22    Commission under this amendatory Act of the 94th General
23    Assembly, one of whom shall be a representative citizen of
24    the employing class operating under this Act, one of whom
25    shall be a representative of the class of employees covered
26    under this Act, and one of whom shall be a representative

 

 

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1    citizen not identified with either the employing or
2    employee classes. Of the members appointed under this
3    amendatory Act of the 94th General Assembly, one shall be
4    appointed for a term ending on the third Monday in January,
5    2007, and 2 shall be appointed for terms ending on the
6    third Monday in January, 2009, and until their successors
7    are appointed and qualified.
8        (b) Members shall thereafter be appointed to hold
9    office for terms of 4 years from the third Monday in
10    January of the year of their appointment, and until their
11    successors are appointed and qualified. All such
12    appointments shall be made so that the composition of the
13    Commission is in accordance with the provisions of the
14    first paragraph of this Section.
15    The Chairman shall receive an annual salary of $42,500, or
16a salary set by the Compensation Review Board, whichever is
17greater, and each other member shall receive an annual salary
18of $38,000, or a salary set by the Compensation Review Board,
19whichever is greater.
20    After the effective date of this amendatory Act of the
21101st General Assembly, each Commissioner shall receive an
22annual salary of 70% of a Circuit Court Judge in the Judicial
23Court constituted by the First Judicial District under the
24Salaries Act and the Chairman shall receive an annual salary of
255% more than the other Commissioners.
26    In case of a vacancy in the office of a Commissioner during

 

 

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

 

 

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

 

 

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

 

 

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1Commission Operations Fund Surcharge for all purposes.
2(Source: P.A. 101-384, eff. 1-1-20.)
 
3    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
4    Sec. 14. The Commission shall appoint a secretary and , an
5assistant secretary, and arbitrators and shall employ such
6assistants and clerical help as may be necessary. Arbitrators
7shall be appointed pursuant to this Section, notwithstanding
8any provision of the Personnel Code.
9    Each arbitrator appointed after June 28, 2011 shall be
10required to demonstrate in writing his or her knowledge of and
11expertise in the law of and judicial processes of the Workers'
12Compensation Act and the Workers' Occupational Diseases Act.
13    A formal training program for newly-hired arbitrators
14shall be implemented. The training program shall include the
15following:
16        (a) substantive and procedural aspects of the
17    arbitrator position;
18        (b) current issues in workers' compensation law and
19    practice;
20        (c) medical lectures by specialists in areas such as
21    orthopedics, ophthalmology, psychiatry, rehabilitation
22    counseling;
23        (d) orientation to each operational unit of the
24    Illinois Workers' Compensation Commission;
25        (e) observation of experienced arbitrators conducting

 

 

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1    hearings of cases, combined with the opportunity to discuss
2    evidence presented and rulings made;
3        (f) the use of hypothetical cases requiring the trainee
4    to issue judgments as a means to evaluating knowledge and
5    writing ability;
6        (g) writing skills;
7        (h) professional and ethical standards pursuant to
8    Section 1.1 of this Act;
9        (i) detection of workers' compensation fraud and
10    reporting obligations of Commission employees and
11    appointees;
12        (j) standards of evidence-based medical treatment and
13    best practices for measuring and improving quality and
14    health care outcomes in the workers' compensation system,
15    including but not limited to the use of the American
16    Medical Association's "Guides to the Evaluation of
17    Permanent Impairment" and the practice of utilization
18    review; and
19        (k) substantive and procedural aspects of coal
20    workers' pneumoconiosis (black lung) cases.
21    A formal and ongoing professional development program
22including, but not limited to, the above-noted areas shall be
23implemented to keep arbitrators informed of recent
24developments and issues and to assist them in maintaining and
25enhancing their professional competence. Each arbitrator shall
26complete 20 hours of training in the above-noted areas during

 

 

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1every 2 years such arbitrator shall remain in office.
2    Each arbitrator shall devote full time to his or her duties
3and shall serve when assigned as an acting Commissioner when a
4Commissioner is unavailable in accordance with the provisions
5of Section 13 of this Act. Any arbitrator who is an
6attorney-at-law shall not engage in the practice of law, nor
7shall any arbitrator hold any other office or position of
8profit under the United States or this State or any municipal
9corporation or political subdivision of this State.
10Notwithstanding any other provision of this Act to the
11contrary, an arbitrator who serves as an acting Commissioner in
12accordance with the provisions of Section 13 of this Act shall
13continue to serve in the capacity of Commissioner until a
14decision is reached in every case heard by that arbitrator
15while serving as an acting Commissioner.
16    Notwithstanding any other provision of this Section, the
17term of all arbitrators serving on June 28, 2011 (the effective
18date of Public Act 97-18), including any arbitrators on
19administrative leave, shall terminate at the close of business
20on July 1, 2011, but the incumbents shall continue to exercise
21all of their duties until they are reappointed or their
22successors are appointed.
23    On and after June 28, 2011 (the effective date of Public
24Act 97-18), arbitrators shall be appointed to 3-year terms as
25follows:
26        (1) All appointments shall be made by the Governor with

 

 

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1    the advice and consent of the Senate.
2        (2) For their initial appointments, 12 arbitrators
3    shall be appointed to terms expiring July 1, 2012; 12
4    arbitrators shall be appointed to terms expiring July 1,
5    2013; and all additional arbitrators shall be appointed to
6    terms expiring July 1, 2014. Thereafter, all arbitrators
7    shall be appointed to 3-year terms.
8    Upon the expiration of a term, the Chairman shall evaluate
9the performance of the arbitrator and may recommend to the
10Governor that he or she be reappointed to a second or
11subsequent term by the Governor with the advice and consent of
12the Senate.
13    Each arbitrator appointed on or after June 28, 2011 (the
14effective date of Public Act 97-18) and who has not previously
15served as an arbitrator for the Commission shall be required to
16be authorized to practice law in this State by the Supreme
17Court, and to maintain this authorization throughout his or her
18term of employment.
19    The performance of all arbitrators shall be reviewed by the
20Chairman every other year, or more at the discretion of the
21Chairman on an annual basis. The Chairman shall allow input
22from the Commissioners in all such reviews.
23    The Commission shall assign no fewer than 3 arbitrators to
24each hearing site. The Commission shall establish a procedure
25to ensure that the arbitrators assigned to each hearing site
26are assigned cases on a random basis. No arbitrator shall hear

 

 

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1cases in any county, other than Cook County, for more than 4 2
2years consecutively in each 3-year term.
3    The Secretary and each arbitrator shall receive a per annum
4salary of 5% $4,000 less than the per annum salary of members
5of The Illinois Workers' Compensation Commission as provided in
6Section 13 of this Act, payable in equal monthly installments.
7    On and after the effective date of this amendatory Act of
8the 101st General Assembly, the Secretary and each arbitrator
9shall receive a per annum salary of 5% less than the per annum
10salary of members of the Illinois Workers' Compensation
11Commission as provided in Section 13 of this Act, payable in
12equal monthly installments.
13    The members of the Commission, Arbitrators and other
14employees whose duties require them to travel, shall have
15reimbursed to them their actual traveling expenses and
16disbursements made or incurred by them in the discharge of
17their official duties while away from their place of residence
18in the performance of their duties.
19    The Commission shall provide itself with a seal for the
20authentication of its orders, awards and proceedings upon which
21shall be inscribed the name of the Commission and the words
22"Illinois--Seal".
23    The Secretary or Assistant Secretary, under the direction
24of the Commission, shall have charge and custody of the seal of
25the Commission and also have charge and custody of all records,
26files, orders, proceedings, decisions, awards and other

 

 

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1documents on file with the Commission. He shall furnish
2certified copies, under the seal of the Commission, of any such
3records, files, orders, proceedings, decisions, awards and
4other documents on file with the Commission as may be required.
5Certified copies so furnished by the Secretary or Assistant
6Secretary shall be received in evidence before the Commission
7or any Arbitrator thereof, and in all courts, provided that the
8original of such certified copy is otherwise competent and
9admissible in evidence. The Secretary or Assistant Secretary
10shall perform such other duties as may be prescribed from time
11to 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
14becoming law.".