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

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.

Workers' Compensation Legislation Sent to Governor Quinn

HB 3390 (Sims/Mulroe) passed out of the General Assembly on Friday on a concurrence motion by the House (118-0-0). Senate Amendments 2 and 3 became the bill. The Senate approved the amendments 58-0-0.  The bill makes four changes to the Workers’ Compensation Act and is effective upon signing by the Governor.

1.  Elimination of handbook requirement

The bill directs the Commission to post its informational handbook on its website and removes the mandate that the Commission send a copy of the handbook to each injured worker who is the subject of an accident report.  This change represents an elimination of a $62,500 line item in the Commission’s FY14 budget.

2.  Elimination of $35 transcript fee paid by employers and employees to appeal cases

The bill eliminates the $35 fee paid by parties who appeal decisions from the Commission to the Circuit Court. Instead, parties who wish to appeal a Commission decision must file with the Commission a notice of the intent to appeal a decision to the Circuit Court. This change applies to all decisions by the Commission entered after the effective date of the bill.  It also ends an archaic and time-consuming cost calculation for the preparation of records. Remaining monies in the Transcript Deposit Fund will be transferred to the Injured Workers’ Benefit Fund, which is a fund dedicated to providing benefits to employees who have been injured at a workplace without workers’ compensation insurance.

3.  Requirement for Commission to obtain interpreters when necessary for settlement contracts

The bill requires the Commission to furnish language interpreters for petitioners who do not speak English, do not have an attorney, do not have their own interpreter, and are signing settlement contracts. 

4. Requirement for Arbitrators to demonstrate workers’ compensation expertise

Finally, the bill provides that all persons appointed to be Arbitrators must demonstrate their knowledge and experience with the Workers’ Compensation Act in writing.  It also eliminates erroneous references to the Personnel Code.  Pursuant to Public Act 97-719, all Arbitrators are appointed by the Governor with the advice and consent of the Senate.

To view the bill, go to: http://www.ilga.gov/legislation/billstatus.asp?DocNum=3390&GAID=12&GA=98&DocTypeID=HB&LegID=75259&SessionID=85

IWCC Arbitration Site Changes

The Illinois Workers' Compensation Commission sent out two reminders regarding arbitration site changes.  Effective in 2013, the Kewanee arbitration hearing site call moved to Rock Island, and the Geneva hearing site is moving back to the Kane County Courthouse effective 1/7/2013.

Rock Island (formerly Kewanee)

City Hall - Council Chambers
1528 Third Avenue
Rock Island, IL 61201

Geneva (effective 1/7/2013)

Kane County Courthouse
100 South Third Street
Geneva, Illinois 60134


The IWCC maintains the current list of all IWCC arbitration hearing sites on its website.  

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.

Approved IWCC Rules Published in the Illinois Register (Updated)

In addition to the new Department of Insurance WC EDI proposed rules published in the Illinois Register today, two final IWCC rules appeared as well. 

As we covered in several previous updates, JCAR issued "Certificates of No Objection" at its September 11, 2012 meeting for two separate Illinois Workers' Compensation Commission administrative code modifications. The IWCC filed them with the Secretary of State, and they appeared in today's (11/16/2012) Illinois Register.  

• Miscellaneous (50 Ill Adm Code 7110) proposed 3/2/12, effective date of rulemaking 11/5/2012 (PDF document pages 217-239)
  • Incorporates all of HB 1698/Public Act 97-18’s modifications and updates to the medical fee schedule reimbursement and methodology rules. (See our previous post with an outline of the major updates)
• Alcohol and Drug Sample Collection and Testing (50 Ill Adm Code 9140) proposed 6/15/12, effective date of rulemaking 11/5/2012 (PDF document pages 240-273)

These rules do not include the physician-dispensed pharmacy modifications, discussed in our previous posts. While that rulemaking is continuing through the process after the November JCAR meeting, that is a separate rulemaking that will be filed and published at a later date.  **Updated 11/20/2012:  the physician-dispensed pharmacy changes are effective 11/20/2012.  Please see this new post regarding these rules.

The IWCC has an update on its website regarding the publication of these rulemakings in the Illinois Register.

IWCC Open House Dates

The Illinois Workers' Compensation Commission (IWCC) announced three dates in 2013 for its open house program.

You are invited to an open house at the Commission's Chicago office on January 17, 2013 (9:00 a.m start); March 14, 2013 (9:00 a.m start); or May 16, 2013 (9:00 a.m start). 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.      

If you are interested in a Downstate program, please send an email, indicating the city you prefer and how many people would attend. You are always welcome to observe hearings at any site on your own: see the calendars web page for details.      

There is no charge to attend an open house, but registration is limited. To sign up, please send an email with the subject "open house" and the desired date and city.      

When the Commission announced an open house in Chicago in January 2010, the seats filled up on the day it was announced. Subsequent programs also filled up and have been well-received. In all, over 500 people have signed up to attend. Visitors walk away with a greater understanding of how to interact with the Commission and work with the process.
 

We attended one of the 2012 IWCC open houses, and it is an extremely useful experience, especially for those who have never seen an IWCC hearing or appeal.  The Q&A we attended with several of the commissioners lasted for roughly 20 minutes and covered a wide range of topics. 

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.

IWCC Arbitration Updates

The IL Workers' Compensation Commission released several updates to its arbitration schedule.
 

Geneva

Beginning on Monday, 10/1/2012, the IWCC arbitration and review hearings in Geneva will move from the Kane County Courthouse to the Government Center.

• Current Location: Kane County Courthouse, 100 S 3rd St, #240
• New Location: Government Center, 719 Batavia Avenue.
• Status calls will be held in the Auditorium in Building A
• Hearings will be held in Building G

Rockford

The IWCC also announced a change to the Rockford site's hearing cycle.

• Arbitrator Holland's December status call remains 12/14/2012.
• The IWCC added 12/17/2012 & 12/18/2012 to the trial cycle.
• The IWCC removed 1/2/2012-1/3/2013 from the trial schedule.

For the full and complete IWCC listing of arbitration/hearing sites and dates, please refer to the Calendars, Call Sheets, and Chicago Trials on its website.

 

 

 

IWCC 9/25 meeting time change

The Illinois Workers' Compensation Commission's meeting scheduled for Tuesday, 9/25/2012 is now slated to begin at 3:00pm.  The Commission will meet at the Thompson Center, Chicago in the 8th Floor Chairman's Conference Room.

The agenda does include a Legislative and Rules update for the Commission.

IWCC-Proposed Regulation Modifications

The Illinois Workers' Compensation Commission (IWCC) has two proposed regulation updates currently in the Illinois Legislature's Joint Committee on Administrative Rules (JCAR) process.

Issue 33 of JCAR's Illinois Register contains both sets of proposed changes:

Page 13005 (PDF document page 72) details changes to the complaint, substitution, and disqualification processes for IL Arbitrators and Commissioners.

Page 13012 (PDF document page 79) details changes to the language regarding the reimbursement for physician-dispensed prescriptions. 

PDF page 94 contains the actual updated language that states reimbursement for physician-dispensed prescriptions is based on the original manufacturer's NDC code, not the repackaged NDC code:

10) Prescriptions

A) This schedule applies to prescriptions filled and dispensed outside of a licensed pharmacy.

B) Prescriptions shall be billed at the Average Wholesale Price, plus a dispensing fee of $4.18. [820 ILCS 305/8.2(a-3)]

C) Average Wholesale Price or its equivalent as registered by the National Drug Code shall be set forth for that drug on that date as published in Medispan. [820 ILCS 305/8.2(a-3)]

D) If a prescription has been repackaged, the Average Wholesale Price used to determine the maximum reimbursement shall be the Average Wholesale Price for the underlying drug product, as identified by its National Drug Code from the original labeler.

IWCC Arbitrator & Commissioners Update

The Illinois Workers' Compensation Commission issued several updates regarding its arbitrators and commissioners in the last week.  Here is a summary of the announcements:

On 11/7/11, Governor Quinn announced Nancy Lindsay's appointment as an IWCC arbitrator and Ruth White's appointment as an IWCC commissioner.

Nancy Lindsay served as a commissioner since 2006 and was most recently the employer representative on Panel B. As an arbitrator, her hearing sites will be Springfield and Quincy.

Ruth White served as an arbitrator for over 30 years, and she was recently reappointed by Governor Quinn to a one year term.  She will now serve as the employer representative commissioner on Panel B.

Arbitrator Jeffrey E. Tobin was recently appointed to the Seventh Judicial Circuit for the Jacksonville area, and he will no longer hear workers' compensation cases. He served as an IWCC arbitrator since 2004, and he was recently reappointed by Governor Quinn to a two year term.  

The IWCC posted the 2011 coverage schedules for the former arbitrators' calls, and the 2012 arbitrators' schedules are also available at this time.

Gov. Quinn Appoints Seven to Workers' Compensation Commission

It has been a very busy week keeping up with the changes at the Illinois Workers' Compensation Commission (IWCC). 

On Monday, Governor Quinn's office announced seven appointments (two new Commissioners and five reappointments) to the Workers' Compensation Commission. Three additional Commissioners are currently serving four year terms that are set to expire on January 21, 2013.

Reappointed Commissioners:

• Mario Basurto
• Daniel R. Donohoo
• David L. Gore Jr
• Kevin W. Lamborn
• Nancy H. Lindsay

New Commissioners:

• Charles DeVriendt
• Michael Paul Latz

Currently Serving Commissioners:

• Yolaine Dauphin
• Thomas Tyrrell
• Mitchell Weisz (Chairman)