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Tuesday, October 30, 2012

IWCC updates its Commissioners' Review Calendars

The Illinois Workers' Compensation Commission posted its Commissioners' Review Calendar update for the first half of 2013.

The Commissioners hear the appeals of IWCC arbitrators' decisions.  The IWCC handbook provides a general overview of the process:
Is it possible to appeal the arbitrator’s decision?
Yes. The employee and the employer each have the right to appeal a decision if dissatisfied. A panel of three commissioners (usually called the Commission) will review the arbitrator’s decision, as well as the evidence and transcript of the trial. Both sides may submit written arguments to the Commission. The Commission will then conduct a hearing (called an oral argument) at which the parties may present a brief, 5-10 minute argument for their position. Within 60 days of that hearing, the Commission will issue its decision.
While an appeal is pending, the employer does not have to pay the benefits awarded by the arbitrator. If the case is ultimately resolved completely in the worker’s favor, interest will be added to the award, based on governmental bond rates at the time of the decision. There is also a 1% per month interest charge on medical bills, payable to the medical provider. 
Commission decisions are final for cases involving employees of the State of Illinois. In all other cases, either party may appeal to the Circuit Court, the Appellate Court, and in some cases, to the Illinois Supreme Court. A chart at the end of this chapter illustrates the process.
 
All of the IWCC's calendars are available at the Calendars, Call Sheets, & Chicago Trials tab on its website.


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