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.