Federal Judge Denies Illinois Arbitrators’ Motion

The Belleville News-Democrat reported Saturday that U.S. District Judge Sue E. Myerscough denied the temporary restraining order requested by five Illinois workers’ comp arbitrators in federal court.  As we discussed previously, HB 1698 included a provision that terminated all of the Illinois workers’ compensation arbitrators.  The Governor and the newly appointed Workers’ Compensation Advisory Board are in the process of selecting new, or reappointing previous, arbitrators at this time.

One clarification to the article, as of this morning it states:

…The only arbitrators who will not return are those who do not have a law license, which is a requirement of the reform package. 

While HB 1698 does require that arbitrators are authorized to practice law in Illinois, there is a clause that exempts previously employed arbitrators from that requirement:

Each arbitrator appointed on or after the effective date of this amendatory Act of the 97^th General Assembly and who has not previously served as an arbitrator for the Commission shall be required to be authorized to practice law in this State by the Supreme Court, and to maintain this authorization throughout his or her term of employment.