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Friday, August 30, 2013

Handbook, workplace notice now in Polish

We have translated the handbook and workplace notice into Polish, and created a web page in Polish in which we explain that the Commission will provide an interpreter to pro se claimants who are settling their cases. 

To view the handbook, go to  http://www.iwcc.il.gov/handbook013013inpolish.pdf
To view the workplace notice, go to  http://www.iwcc.il.gov/ICPNpFORM.pdf
To view the Polish web page, go to  http://www.iwcc.il.gov/polish.htm

Monday, August 19, 2013

Governor Quinn press release on insurance rate reduction; Reminder on attorneys' fees

Governor Quinn press release on insurance rate reduction  


Governor Quinn: Historic Workers’ Compensation Reform Saved Illinois Employers $315 Million
Recommended Rate Has Dropped 13.3 Percent Since Governor’s 2011 Reforms;
Latest Proposed Decrease of 4.5 Percent Will Help Ensure Fair and Honest Wages

CHICAGO – Governor Pat Quinn today announced that the National Council on Compensation Insurance (NCCI) has filed a request for an overall reduction of 4.5 percent in workers' compensation rates from the Illinois Department of Insurance (DOI).
 
Since the 2011 Workers’ Compensation Reform law championed by Governor Quinn, the department estimates that overall savings have reached $315 million for the Illinois Workers’ Compensation system. With the implementation of the proposed rate reduction, the advisory rate level will have dropped 13.3 percent below the advisory rate level prior to the changes sought and enacted by the governor. 
 
Today's announcement is part of Governor Quinn's commitment to strengthen Illinois’ business climate and drive more economic growth while ensuring that all workers are protected, treated fairly and receive the compensation they deserve. “When I came into office, Illinois had one of the most burdensome workers’ compensation systems in the country,” Governor Quinn said. “We turned that statistic around and delivered real reform that is saving hundreds of millions of dollars for our businesses and keeping the system honest to our workers. This rate review will ensure the state has a responsible advisory rate that supports business growth and protects workers.”
 
Officials estimate the latest proposed reduction in workers’ compensation advisory and loss cost rates could result in overall reduction in premiums of up to $110 million. This estimate is based on the credit rating organization A.M. Best’s calculations as they reviewed 2011 premiums. Individual rates for businesses may vary based on claims experience, payroll, and other factors. 
 
With the implementation of the proposed rate reduction, the advisory rate level will have dropped 13.3 percent below the advisory rate level prior to the 2011 Workers’ Compensation Reform Legislation. The overall premium impact based on the advisory rates is approximately $315 million. Individual companies may reflect different rate changes.
 
The NCCI advisory rates determine the premiums businesses pay for workers’ compensation insurance. Department of Insurance (DOI) actuaries must confirm the calculations submitted by NCCI, a process that typically takes about 60 days. 
 
“We’re pleased about the proposed rate reduction and look forward to the review process to confirm the results,” said DOI Director Andrew Boron. “The lower rate would benefit Illinois employers with cost savings.” 
 
If the department accepts the filing to be effective January 1, 2014, employers should contact their insurance agent prior to their 2014 renewal date to determine the impact on their premium. 
 
Since taking office in 2009, Governor Quinn made workers’ compensation reform and strengthening Illinois’ business climate a top priority. He launched a working group on the issue, proposed legislation and worked with the General Assembly to enact historic reform that is allowing businesses to save hundreds of millions of dollars, which in turn supports economic growth.
 
Earlier this month, Governor Quinn signed three laws that fight questionable practices to protect Illinois workers’ paychecks. House Bill 2649, House Bill 923 and House Bill 3125 deal with the misclassification of workers and the attempts of employers to avoid paying state employment taxes and premiums.

Tuesday, August 13, 2013

IL Supreme Ct olds that the mailbox rule applies to Commission review cases; First felony conviction won against uninsured employer; NCCI files for 4.5% decrease in 2014 WC advisory insurance rates

Illinois Supreme Court holds that the mailbox rule applies to Commission review cases

In a lengthy and comprehensive analysis, the Illinois Supreme Court held that the mailbox-rule applies when a party appeals from a Commission decision to the Circuit Court.  In Gruszecza v. IWCC, a majority of the Supreme Court interpreted Section 19(f)(1) of the Act to dictate that the proceeding to appeal a Commission decision is commenced when the request for summons is placed in a mailbox.  Section 19(f) states: “A proceeding for review shall be commenced within 20 days of the receipt of notice of decision by the Commission.”  According to the holding in Gruszecza, the date that a summons is mailed, not received and file-stamped by the Clerk of the Circuit Court, will control when a party seeks judicial review of a Commission decision.

To read the decision, go to http://www.iwcc.il.gov/grusz.pdf


First felony conviction won against uninsured employer

For the first time, an uninsured employer has been convicted of a Class 4 felony for failing to obtain workers' compensation insurance. Class 4 felony penalties are 1-3 years in penitentiary and/or fines up to $25,000.

The IWCC's Insurance Compliance Unit worked for over one year with the Cook County Sheriff's Office and the Cook County State's Attorney's Special Prosecutions Division to bring about this result.

Ahmed Ghosien, d/b/a Ghosien European Auto Werks in Hometown, was first contacted in 2010 about his lack of insurance. He agreed to get insurance and pay a fine for noncompliance, but he never made payments and the insurance was cancelled for nonpayment. He was indicted in 2012, and the case was continued several times until he finally pled guilty on July 25. His sentencing date is in October.

Making sure that employers have insurance protects workers and other employers. Congratulations to the Insurance Compliance staff for their achievement!


NCCI files for 4.5% decrease in 2014 WC advisory insurance rates

The National Council on Compensation Insurance (NCCI) filed for an 4.5% decrease in voluntary advisory insurance rates, effective January 1, 2014, following the 3.8% decrease in 2013. These significant savings follow the enactment of House Bill 1698 on June 28, 2011.

Monday, August 12, 2013

Governor Quinn Appoints Three New Workers’ Compensation Arbitrators and One New Commissioner - Twelve Arbitrators Reappointed as Commission Sees Continued Success Following System Overhaul

CHICAGO - Governor Pat Quinn today announced the appointment of three new arbitrators to the Illinois Workers' Compensation Commission (IWCC) who perform the duty of enforcing the provision of the Workers' Compensation Act. These three arbitrators will join the 27 who are currently serving. In 2011, Governor Quinn championed and signed into law historic workers' compensation reform legislation to overhaul the system in Illinois. Today's announcement continues the Governor's commitment to making Illinois government more efficient, accountable and effective.

“These individuals have years of professional experience that will benefit the Illinois’ workers’ compensation program,” Governor Quinn said. “I am pleased to appoint these arbitrators and a commissioner who will work for the people of Illinois to resolve workers’ compensation cases in a manner which treats injured workers with respect and ensures that employers in Illinois receive a fair and efficient resolution to claims.”

The reforms signed into law by Governor Quinn in 2011 called on the Governor to appoint new arbitrators to the Commission, considering the recommendations made by the Workers’ Compensation Advisory Board, which is a body composed of six members representing the employer community and six members representing employees and working people in Illinois. Arbitrators at the Commission are responsible for ruling on claims filed by employees who suffer an injury at work.

The law requires that all newly-appointed arbitrators must be attorneys and that both arbitrators and Commissioners are subject to the ethical rules and requirements followed by Illinois judges. Arbitrators and Commissioners must also take at least 20 hours of training every two years while in office regarding professional and ethical standards, detection of fraud, evidence-based medical treatment, and Coal Workers’ Pneumoconiosis.


Governor Quinn appointed the following new Arbitrators:

· Molly Dearing, J.D., Southern Illinois University School of Law; B.A., University of Illinois – Urbana/Champaign; Associate of Arts, Southeastern Illinois College

· Jeffrey Huebsch, J.D., Illinois Institute of Technology/Chicago-Kent Law School; B.A., North Central College

· Ketki Steffen, J.D., John Marshall Law School; B.A., University of Illinois – Urbana/Champaign

The Governor has appointed the following Commissioner:

· Michael Brennan, J.D., DePaul University College of Law; B.A., DePaul University

The Governor reappointed the following Arbitrators:

· William Gallagher, J.D., Southern Illinois University-Carbondale; B.A., Southern Illinois University-Edwardsville

· Carolyn Doherty, J.D., John Marshall Law School; B.A., Marquette University

· Joshua Luskin, J.D., University of Michigan; B.A., Macalester College
          
· Robert Williams J.D., Loyola Law School of Chicago; M.B.A. University of Illinois at Chicago;   B.S., Le Moyne-Owen College

· Barbara Flores, J.D., Chicago-Kent College of Law; B.S., University of Illinois

· Deborah Simpson, J.D., John Marshall Law School; B.A., DePaul University

· Brian Cronin, M.B.A., University of Chicago; B.B.A., University of Notre Dame

· Kurt Carlson, J.D., John Marshall Law School; B.A., University of Wisconsin-Madison

·  Gregory Dollison, Paralegal Certificate, Roosevelt University; B.S., Illinois Institute of Technology

·  Edward Lee, J.D., John Marshall Law School; B.A., Tulane University

· Molly Mason, J.D., Loyola University Law School; B.A., Harvard University

· Douglas McCarthy, J.D., Southern Illinois University Law School; M.A., Sangamon State; B.S., Illinois State University

No hearings nor settlements on September 11-12

All arbitrators and commissioners will be in training sessions on September 11-12. There will be no hearings nor review of settlements.   Please plan accordingly.

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