Commissioner Donohoo announces changes to calendar

Commissioner Donohoo announces changes to calendar

To accommodate the new Commissioner panels, Commissioner Donohoo has changed several dates.  For details, go to http://www.iwcc.il.gov/news.htm#cal

2014 open house dates

At http://www.iwcc.il.gov/news.htm#open we have posted the Chicago open house dates for the first half of 2014:  March 19 and June 19.

The program will begin at 9:15 am.  After an overview of our court process, visitors will observe arbitration hearings and review-level oral arguments. After oral arguments end, there will be a question-and-answer period with commissioners. The program will end around 12 noon.

To register, email susan.piha@illinois.gov

For more information, go to http://www.iwcc.il.gov/news.htm

Fee Schedule Updated

The Commission has updated its medical fee schedule to include maximum reimbursement rates for codes that had been previously listed as "POC53.2."  Section 8.2 of the Workers' Compensation Act authorizes the Commission to establish fee schedule reimbursements using provider non-discounted charge data, non-Medicare relative values, and conversion factors from established fee schedule amounts. 

The Workers' Compensation Medical Fee Advisory Board voted to approve the reimbursements for 16,000 codes on the Professional Services fee schedule, all of which had been paid at 53.2% of the billed amount. 

To view the new Professional Services fees, click the new button, "2013 Professional (10-11-13)" at https://iwcc.ingenix.com/IWCC.asp

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.

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.

To subscribe or unsubscribe from this IWCC news email list, go to http://www.iwcc.il.gov/news.htm

1/23/2012 IWCC Board meetings

Both the Illinois Workers' Compensation Commission's Workers' Compensation Advisory Board and Commission Review Board meet on Wednesday, January 21, 2013.

The Workers' Compensation Advisory Board meets at 1PM in the 8th Floor Chairman's Conference room at the James R. Thompson Center in Chicago.  The agenda includes Commission and Legislative updates, Commission appointments, and a discussion on a possible pro se assistance program.  Friday's post included the IWCC's publication of its regulatory agenda update.

The Commission Review Board will also meet Wednesday in the Thompson Center's 8th Floor Chairman's Conference room at 10AM.  The current agenda includes a report by Carolyn Parks regarding communications involving IWCC Arbitrators.



 

New IWCC Arbitration and Commission Review Board Rules

The December 21 edition of the Illinois Register includes two adopted amendment rulemakings from the Illinois Workers' Compensation Commission.  Both rulemakings, effective December 4, deal with complaints and review procedures of IWCC Arbitrators and Commissioners.
 
The IWCC put out an announcement regarding these two updated rules, and included in that announcement was a new form to submit complaints to the Commission Review Board:  IWCC Commission Review Board Complaint Form

New/Update Rules Overview

Arbitration (PDF document page 285)

• 50 Ill Adm Code 7030
• Proposed 8/17/2012
• Effective 12/4/2012 

Differences between Proposal and Final Version: In subsections (f)(1)(B) and (f)(2)(B),  the Final Version specifies that the assignment of a petition to disqualify either an  Arbitrator or Commissioner shall be made randomly by the Commission. The Final Version adds a new subsection (f)(3), which specifies that a petition for substitution may be made to the Commission if reasonable notice of the application has been given to the adverse party or his or her attorney.

Summary and Purpose of Rulemaking: The amendment addresses an audit finding set forth by Auditor General William Holland in the audit directed pursuant to House Resolution 131 of the 97th General Assembly. Specifically, the audit found that the current version of Section 7030.30 conflicts with the changes of Public Act 97-18. Public Act 97-18 provided that the Canons of Judicial Conduct as adopted by the Illinois Supreme Court apply to the hearing and non-hearing conduct of the Arbitrators and Commissioner. Thus, these changes to Section 7030.30 align the bases for disqualification and also the remittal of a disqualification by and Arbitrator or Commissioner with the provisions of Canon 3 of the Canons of Judicial Conduct.  

In addition, the amendment creates a formalized process for the filing of a Petition for Substitution of an Arbitrator or Commissioner. There is one published Appellate Court opinion that calls on the Commission to promulgate such a rule, Preston v. Industrial Comm'n, 332 Ill. App. 3d 708 (3rd Dist. 2002). In that case, a Commissioner who was subject to a petition to disqualify sat on the panel that ruled on the petition. While the majority found no error in the hearing process, the Court recommended that the Commission promulgate a rule to address the procedural handling of petitions to disqualify Commissioners.

2013 IWCC Board Meeting Schedule



The Illinois Workers' Compensation Commission recently posted the dates and locations for its 2013 IWCC Board meetings.  See the chart below for the scheduled locations, dates, and times.

 

As a reminder, the Self-Insurers Advisory Board and the Workers' Compensation Medical Fee Advisory Board both have a final 2012 meeting scheduled for 12/5/2012 at the Thompson Center in Chicago.

 

IWCC October Board Meetings

There are two Illinois Workers' Compensation Commission board meetings scheduled for next week.

Both the IWCC's Commission Review Board meeting and the Workers' Compensation Advisory Board meeting are scheduled for Wednesday, October 24 at the James R. Thompson Center in Chicago.

Commission Review Board

The Commission Review Board's meeting is currently set for 10:00am in the Thompson Center's 8th Floor Chairman’s Conference Room.

Commission Review Board October agenda

A brief overview of the Commission Review Board from the IWCC's website:

Statutory reference: 820 ILCS 305/14.1. See also Part 7500 of the Rules.

Function: The board investigates complaints regarding misconduct made against arbitrators and commissioners of the Commission. While the board investigates allegations of misconduct, it has no authority to review or change arbitration or Commission decisions. 

Members: There are seven members on the board. The chairman of the Commission is the chairman of this board. The senior labor and management commissioner each serve on the board. Arbitrators elect one Chicago and one Downstate arbitrator. The chairman certifies the election of the arbitrators. Two members who are not commissioners, arbitrators, or Commission employees are selected by the governor.