Illinois General Assembly - Full Text of HB3293
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Full Text of HB3293  102nd General Assembly

HB3293eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3293 EngrossedLRB102 14216 JLS 19568 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
6as 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
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
17disease benefits pursuant to subsection (a) of Section 4 of
18the Workers' Occupational Diseases Act but does not include
19group self-insured employers under Section 4a of this Act or
20Section 4a of the Workers' Occupational Diseases Act or the
21State of Illinois, any political subdivision of the State,
22unit of local government or school district, or any other
23public authorities or quasi-governmental bodies including any

 

 

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1subunits of the foregoing entities.
2    (d) "Insolvent self-insurer" means a private self-insurer
3financially unable to pay compensation due under this Act,
4which (i) has filed either prior to or after the effective date
5of this Section or (ii) is the subject party in any proceeding
6under the Federal Bankruptcy Reform Act of 1978, or is the
7subject party in any proceeding in which a receiver,
8custodian, liquidator, rehabilitator, sequestrator, trustee or
9similar officer has been appointed by any Court to act in lieu
10of or on behalf of that self-insurer.
11    (e) "Fund" means the Self-Insurers Security Fund
12established by Section 4a-5.
13    (f) "Trustee" means a member of the Self-Insurers Advisory
14Board.
15    (g) (Blank). "Self-Insurers Administration Fund" means the
16Fund established by Section 4a-6.1.
17    (h) "Application fee" means the application fee provided
18for 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
22all powers necessary and convenient to accomplish the objects
23prescribed by this Act, including but not limited to the
24following:
25    (a) The Board shall make such bylaws, rules, regulations

 

 

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1and resolutions as are necessary to carry out its
2responsibilities. The Board may carry out its responsibilities
3directly or by contract or other instrument, and may purchase
4such services and collect and borrow such funds as it deems
5necessary to effectuate its activities and protect the members
6of the Board and its employees. The Board shall appoint,
7retain and employ such persons as it deems necessary to
8achieve the purposes of the Board. The Chairman shall be the
9chief administrative officer of the Board, and he or she shall
10have general supervisory authority over all employees of the
11Board. Designated employees shall be subject to the Illinois
12Personnel Code. All expenses incurred pursuant to this
13provision shall be paid from the Self-Insurers Security
14Administration Fund. Each private self-insurer applying for
15self-insurance and for renewal of the self-insurance privilege
16shall pay with its application a non-refundable application
17fee in the amount of $500, which shall be deposited upon
18receipt by the Commission into the Self-Insurers Security
19Administration Fund and used only for the purposes set forth
20in Sections 4a-1 through 4a-9 this Section. An application fee
21shall be required of each corporation and each and every
22corporate subsidiary.
23    (b) The Board shall meet no less than quarterly and shall
24meet at other times upon the call of the Chairman, issued to
25the Trustees in writing no less than 48 hours prior to the day
26and hour of the meeting, or upon a request for a meeting

 

 

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1presented in writing to the Chairman no less than 72 hours
2prior to the proposed day and hour of the meeting and signed by
3at least a majority of the Trustees, whereupon the Chairman
4shall provide notice issued in writing to the Trustees no less
5than 48 hours prior to the meeting and shall convene the
6meeting at the time and place stated in the request.
7    (c) Four Trustees shall constitute a quorum to transact
8business at any meeting, and the affirmative vote of four
9Trustees shall be necessary for any action taken by the Board.
10No vacancy shall otherwise impair the rights of the remaining
11Trustees to exercise all of the powers of the Board.
12    (d) The Board shall serve without compensation, but each
13member shall be entitled to be reimbursed for necessary and
14actual expenses incurred in the discharge of his official
15duties.
16    (e) The Board shall have the right to sue and be sued in
17the 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
21Security Fund. The State Treasurer shall be the ex officio
22ex-officio custodian of the Self-Insurers Security Fund.
23Moneys in the Fund shall be deposited in a separate account in
24the same manner as are State Funds and any interest accruing
25thereon shall be added thereto every 6 months. It shall be

 

 

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1subject to audit the same as State funds and accounts and shall
2be protected by the general bond given by the State Treasurer.
3The funds in the Self-Insurers Security Fund shall not be
4subject to appropriation and shall be made available for the
5purposes of compensating employees who are eligible to receive
6benefits from their employers pursuant to the provisions of
7the Workers' Compensation Act or Workers' Occupational
8Diseases Act, when, pursuant to this Section, the Board has
9determined that a private self-insurer has become an insolvent
10self-insurer and is unable to pay compensation benefits due to
11financial insolvency. Moneys in the Fund may be used to
12compensate any type of injury or occupational disease which is
13compensable under either Act, and all claims for related
14administrative fees, operating costs of the Board, attorney's
15fees, and other costs reasonably incurred by the Board. Moneys
16At the discretion of the Chairman, moneys in the Self-Insurers
17Security Fund may also be used for paying the salaries and
18benefits of the Self-Insurers Advisory Board employees and the
19operating costs of the Board. Payment from the Self-Insurers
20Security Fund shall be made by the Comptroller only upon the
21authorization of the Chairman as evidenced by properly
22certified vouchers of the Commission, upon the direction of
23the 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
2Administration Fund. The State Treasurer shall be the
3ex-officio custodian of the Self-Insurers Administration Fund.
4Monies in the Self-Insurers Administration Fund shall be
5deposited in a separate account in the same manner as are State
6Funds, and any interest accruing thereon shall be added
7thereto every 6 months. It shall be subject to audit the same
8as State funds and accounts and shall be protected by the
9general bond given by the State Treasurer. The funds in the
10Self-Insurers Administration Fund shall not be subject to
11appropriation and shall be made available only for paying the
12salaries and benefits of the Self-Insurers Advisory Board
13employees and the operating costs of the Board. Payment from
14the Self-Insurers Administration Fund shall be made by the
15Comptroller only upon the authorization of the Chairman as
16evidenced by properly certified vouchers of the Commission.
17Within 60 days after the effective date of this amendatory Act
18of the 102nd General Assembly, the Secretary of the Commission
19shall transfer all remaining funds to the Self-Insurers
20Security Fund for use consistent with the provisions of
21Section 4a-5. Prior to July 1, 2021, the State Treasurer shall
22dissolve the Self-Insurers Administration Fund and close any
23related 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
2Board from time to time assess each of the private
3self-insurers a pro rata share of the funding reasonably
4necessary to carry out its activities under Sections 4a-1
5through 4a-9 this Section. The prorations shall be made on the
6basis of each self-insured's most recent payment into the rate
7adjustment fund under Section 7(f) of this Act. In no event
8shall a private self-insurer be assessed at one time in excess
9of .6% of the compensation paid by that private self-insurer
10during the previous calendar year for claims incurred as a
11self-insurer. Total assessments against it in any calendar
12year shall not exceed 1.2% of the compensation it has paid
13during the previous calendar year as a self-insurer for claims
14incurred. Funds obtained by such assessments shall be used
15only for the purposes set forth in Sections 4a-1 through 4a-9
16this Section, and shall be deposited upon receipt by the
17Commission into the Self-Insurers Security Fund. If payment of
18any assessment made under this subsection is not made within
1930 days of the sending of the notice to the private
20self-insurer, the Commission at the direction of the Board
21shall proceed in circuit court for judgment against that
22private self-insurer which judgment shall include the amount
23of the assessment, the costs of suit, interest and reasonable
24attorneys' fees.
25    (b) A private self-insurer which ceases to be a
26self-insurer shall be liable for any and all assessments made

 

 

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1pursuant to this Section during the period following the date
2its certificate of authority to self-insure is withdrawn,
3revoked or surrendered until such time as it has discharged
4all obligations to pay compensation which arose during the
5period of time said former self-insurer was self-insured.
6Assessments of such a former private self-insurer shall be
7based on the compensation paid by the former private
8self-insurer during the preceding calendar year on claims that
9arose during the period of time said former private
10self-insurer was self-insured.
11    (c) The Board on behalf of the Commission shall annually
12contract for an independent certified audit of the financial
13activities of the Fund, and an annual report as of June 30
14shall be submitted promptly by the Board to the Chairman of the
15Illinois Workers' Compensation Commission and to each Trustee.
16Written reports of all activities shall be submitted to the
17Commission by the Board on a monthly basis.
18    (d) If there are monies remaining in the Fund after all
19outstanding obligations of all insolvent self-insurers have
20been satisfied and the costs of administration and defense
21have been paid, such amounts shall be returned by the
22Commission from the Fund as directed by the Board to the then
23private self-insurers in that proportion which each said
24private self-insurer has contributed to the Fund one year
25thereafter, provided no outstanding liabilities remain against
26the Fund.

 

 

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1    (e) Each private self-insurer shall be subject to the
2direction of the Commission as provided in Sections 4a-1
3through 4a-9 this Section as a condition of obtaining and
4maintaining 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'
8Compensation Commission consisting of 10 members to be
9appointed by the Governor, by and with the consent of the
10Senate, 3 of whom shall be representative citizens of the
11employing class operating under this Act and 3 of whom shall be
12from a labor organization recognized under the National Labor
13Relations Act or an attorney who has represented labor
14organizations or has represented employees in workers'
15compensation cases, and 4 of whom shall be representative
16citizens not identified with either the employing or employee
17classes. Not more than 6 members of the Commission shall be of
18the same political party. Each Commissioner appointed on or
19after the effective date of this amendatory Act of the 102nd
20General Assembly must be authorized to practice law in this
21State by the Illinois Supreme Court and must maintain this
22authorization throughout his or her term of employment.
23    One of the members not identified with either the
24employing or employee classes shall be designated by the
25Governor as Chairman. The Chairman shall be the chief

 

 

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1administrative and executive officer of the Commission; and he
2or she shall have general supervisory authority over all
3personnel of the Commission, including arbitrators and
4Commissioners, and the final authority in all administrative
5matters relating to the Commissioners, including but not
6limited to the assignment and distribution of cases and
7assignment of Commissioners to the panels, except in the
8promulgation of procedural rules and orders under Section 16
9and in the determination of cases under this Act.
10    Notwithstanding the general supervisory authority of the
11Chairman, each Commissioner, except those assigned to the
12temporary panel, shall have the authority to hire and
13supervise 2 staff attorneys each. Such staff attorneys shall
14report directly to the individual Commissioner.
15    A formal training program for newly-appointed
16Commissioners shall be implemented. The training program shall
17include 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
24including, but not limited to, the above-noted areas shall be
25implemented to keep Commissioners informed of recent
26developments and issues and to assist them in maintaining and

 

 

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1enhancing their professional competence. Each Commissioner
2shall complete 20 hours of training in the above-noted areas
3during every 2 years such Commissioner shall remain in office.
4    The Commissioner candidates, other than the Chairman, must
5meet one of the following qualifications: (a) licensed to
6practice law in the State of Illinois; or (b) served as an
7arbitrator at the Illinois Workers' Compensation Commission
8for at least 3 years; or (c) has at least 4 years of
9professional labor relations experience. The Chairman
10candidate must have public or private sector management and
11budget experience, as determined by the Governor.
12    Each Commissioner shall devote full time to his duties and
13any Commissioner who is an attorney-at-law shall not engage in
14the practice of law, nor shall any Commissioner hold any other
15office or position of profit under the United States or this
16State or any municipal corporation or political subdivision of
17this State, nor engage in any other business, employment, or
18vocation.
19    The term of office of each member of the Commission
20holding office on the effective date of this amendatory Act of
211989 is abolished, but the incumbents shall continue to
22exercise all of the powers and be subject to all of the duties
23of Commissioners until their respective successors are
24appointed and qualified.
25    The Illinois Workers' Compensation Commission shall
26administer this Act.

 

 

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1    In the promulgation of procedural rules, the determination
2of cases heard en banc, and other matters determined by the
3full Commission, the Chairman's vote shall break a tie in the
4event of a tie vote.
5    The members shall be appointed by the Governor, with the
6advice 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
16a Circuit Court Judge in the Judicial Court constituted by the
17First Judicial District under the Salaries Act and the
18Chairman shall receive an annual salary of 5% more than the
19other Commissioners.
20    The Chairman shall receive an annual salary of $42,500, or
21a salary set by the Compensation Review Board, whichever is
22greater, and each other member shall receive an annual salary
23of $38,000, or a salary set by the Compensation Review Board,
24whichever is greater.
25    In case of a vacancy in the office of a Commissioner during
26the recess of the Senate, the Governor shall make a temporary

 

 

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1appointment until the next meeting of the Senate, when he
2shall nominate some person to fill such office. Any person so
3nominated who is confirmed by the Senate shall hold office
4during the remainder of the term and until his successor is
5appointed and qualified.
6    The Illinois Workers' Compensation Commission created by
7this amendatory Act of 1989 shall succeed to all the rights,
8powers, duties, obligations, records and other property and
9employees of the Industrial Commission which it replaces as
10modified by this amendatory Act of 1989 and all applications
11and reports to actions and proceedings of such prior
12Industrial Commission shall be considered as applications and
13reports to actions and proceedings of the Illinois Workers'
14Compensation Commission created by this amendatory Act of
151989.
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
21to serve as acting Commissioner. The certified arbitrator
22shall act as a Commissioner until the member resumes the
23duties of his or her office or until a new member is appointed
24by the Governor, by and with the consent of the Senate, if a
25vacancy occurs in the office of the Commissioner, but in no
26event shall a certified arbitrator serve in the capacity of

 

 

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

 

 

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

 

 

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1to be references to the Illinois Workers' Compensation
2Commission 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
6assistant secretary, and arbitrators and shall employ such
7assistants and clerical help as may be necessary. Arbitrators
8shall be appointed pursuant to this Section, notwithstanding
9any provision of the Personnel Code.
10    Each arbitrator appointed after June 28, 2011 shall be
11required to demonstrate in writing his or her knowledge of and
12expertise in the law of and judicial processes of the Workers'
13Compensation Act and the Workers' Occupational Diseases Act.
14    A formal training program for newly-hired arbitrators
15shall be implemented. The training program shall include the
16following:
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
23including, but not limited to, the above-noted areas shall be
24implemented to keep arbitrators informed of recent
25developments and issues and to assist them in maintaining and
26enhancing their professional competence. Each arbitrator shall

 

 

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

 

 

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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
10the performance of the arbitrator and may recommend to the
11Governor that he or she be reappointed to a second or
12subsequent term by the Governor with the advice and consent of
13the Senate.
14    Each arbitrator appointed on or after June 28, 2011 (the
15effective date of Public Act 97-18) and who has not previously
16served as an arbitrator for the Commission shall be required
17to be authorized to practice law in this State by the Supreme
18Court, and to maintain this authorization throughout his or
19her term of employment.
20    The performance of all arbitrators shall be reviewed by
21the Chairman every other year, or more often at the discretion
22of the Chairman on an annual basis. The Chairman shall allow
23input from the Commissioners in all such reviews.
24    The Commission shall assign no fewer than 3 arbitrators to
25each hearing site. The Commission shall establish a procedure
26to ensure that the arbitrators assigned to each hearing site

 

 

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1are assigned cases on a random basis. No arbitrator shall hear
2cases in any county, other than Cook County, for more than 4 2
3years consecutively in each 3-year term.
4    The Secretary and each arbitrator shall receive a per
5annum salary of 5% $4,000 less than the per annum salary of
6members of The Illinois Workers' Compensation Commission as
7provided in Section 13 of this Act, payable in equal monthly
8installments.
9    The members of the Commission, Arbitrators and other
10employees whose duties require them to travel, shall have
11reimbursed to them their actual traveling expenses and
12disbursements made or incurred by them in the discharge of
13their official duties while away from their place of residence
14in the performance of their duties.
15    The Commission shall provide itself with a seal for the
16authentication of its orders, awards and proceedings upon
17which shall be inscribed the name of the Commission and the
18words "Illinois--Seal".
19    The Secretary or Assistant Secretary, under the direction
20of the Commission, shall have charge and custody of the seal of
21the Commission and also have charge and custody of all
22records, files, orders, proceedings, decisions, awards and
23other documents on file with the Commission. He shall furnish
24certified copies, under the seal of the Commission, of any
25such records, files, orders, proceedings, decisions, awards
26and other documents on file with the Commission as may be

 

 

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1required. Certified copies so furnished by the Secretary or
2Assistant Secretary shall be received in evidence before the
3Commission or any Arbitrator thereof, and in all courts,
4provided that the original of such certified copy is otherwise
5competent and admissible in evidence. The Secretary or
6Assistant Secretary shall perform such other duties as may be
7prescribed 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
10becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    820 ILCS 305/4a-2from Ch. 48, par. 138.4a-2
4    820 ILCS 305/4a-4from Ch. 48, par. 138.4a-4
5    820 ILCS 305/4a-5from Ch. 48, par. 138.4a-5
6    820 ILCS 305/4a-6.1from Ch. 48, par. 138.4a-6.1
7    820 ILCS 305/4a-7from Ch. 48, par. 138.4a-7
8    820 ILCS 305/13from Ch. 48, par. 138.13
9    820 ILCS 305/14from Ch. 48, par. 138.14