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

Commissioner, Arbitrator assignments announced

Commissioner, Arbitrator assignments announced

Effective February 1, 2014, Arbitrator Barbara Flores will take over the call in Zone 4 (Geneva, New Lenox, Ottawa) formerly assigned to now-Commissioner Stephen Mathis.

The panels of Commissioners will be as follows:

Commissioners by panel:  Employee/Public/Employer representative

Panel A:  Thomas Tyrrell, Michael Brennan, Kevin Lamborn
Panel B:  Charles DeVriendt, Daniel Donohoo, Ruth White
Panel C:  David Gore, Stephen Mathis, Mario Basurto

Send contracts to CURRENT arbitrators; Another felony conviction won against uninsured employer

Send contracts to CURRENT arbitrators

Please send settlement contracts and other documents to the currently assigned arbitrator.  If you send materials to the arbitrator who will take over the case in January, you will only slow down your case as materials are returned or forwarded.  Please help us spread the word!


Another felony conviction won against uninsured employer

Another uninsured employer has pled guilty to a Class 4 felony for refusing to obtain workers' compensation insurance. John Linek, individually and as President of SMS Logistics of Chicago, has been ordered to pay a $10,000 penalty for refusing to obtain workers compensation insurance. The IWCC's Insurance Compliance Unit had been requesting compliance with the Act from this trucking firm since 2010.

In August 2013, the Compliance Division obtained a felony conviction against Ahmed Ghosien, d/b/a Ghosien European Auto Werks in Hometown. Ghosien pled guilty to a Class 4 felony for failing to obtain workers' compensation insurance. The IWCC's Insurance Compliance Unit worked with the Cook County Sheriff's Office and the Cook County State's Attorney's Special Prosecutions Division to obtain the conviction. Again, the Insurance Compliance Unit had worked on the case since 2010.

Both of these individuals were given many opportunities to obtain insurance before charges were filed, but they persistently refused. Employers who fail to follow the law put their workers at risk, and they enjoy an unfair competitive advantage over law-abiding employers.


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

Arbitration calendars online; Downstate 19(b) cases will remain at site

2014 Arbitration calendars online; Downstate 19(b) cases will remain at site

The 2014 arbitration calendars are now online at http://www.iwcc.il.gov/calendars.htm

In January 2014, arbitrators will appear at the following sites:

Zone 1
Collinsville: Lindsay
Mt Vernon: Lee
Herrin: Zanotti

Zone 2
Springfield: Pulia
Quincy: Gallagher
Urbana: Dearing

Zone 3
Bloomington: Erbacci
Peoria: McCarthy
Rock Island: Dollison

Zone 4
 Geneva: O'Malley
 New Lenox: Granada
 Ottawa: Mathis

Zone 5
Rockford: Fratianni
Waukegan: Falcioni
Woodstock: Andros

Zone 6
Chicago: Luskin
Chicago: Cronin
Wheaton*: Doherty
*Arb. Luskin will appear in Wheaton in February. Arb. Cronin will appear in March.


Note that Downstate 19(b) cases will remain assigned to the Downstate site.

In Chicago, the Commission will redistribute cases to create new calls.  In 2014, Arbitrator Carlson will handle the call Arb. Cronin handled in 2013, and Arb. Luskin will take over Arb. O’Malley’s call.

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

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.

IWCC Ottawa Trial Date Cancellation

The Illinois Workers' Compensation Commission announced a change to its Ottawa, IL arbitration schedule.  The 12/28/2012 trial date (located at the LaSalle County Courthouse, 119 W. Madison Street, Ottawa, IL) is cancelled due to a scheduling conflict.

Due to a scheduling conflict, we have eliminated the last day of the December call in Ottawa. Arbitrator Falcioni will conduct the call as scheduled on Dec. 24, and trials will be conducted on Dec. 26 and 27. He will not appear on Dec. 28. We apologize for any inconvenience.
 

IWCC Arbitrator Coverage Update

In 2013, there will be two IWCC "TBA Call" Zones (Chicago & Chicago/Wheaton) without permanently assigned arbitrators for the call (see our recent post regarding Arbitrator Zanotti).

The IWCC recently announced the January-March 2013 arbitrator coverage lists for both "TBA Calls" on its website.

Chicago TBA Call Coverage (previously Arbitrator Zanotti)

Chicago/Wheaton TBA Call Coverage (previously former Arbitrator Kinnaman)

2013 IWCC Calendar & Arbitrator Changes

The Illinois Workers' Compensation Commission announced several changes to its 2013 Downstate Arbitration Calendar. 

Arbitrator McCarthy will cover Zone 2 (Urbana, Springfield, Quincy) while Arbitrator Neal is on leave.

Also in Zone 2, Arbitrator Zanotti will replace former Arbitrator Akemann effective 1/1/2013.  Arbitrator Zanotti's Chicago call will become a "TBA" call with various arbitrators covering the hearing dates.

Per the IWCC update:

Please direct Arb. Zanotti's Zone 2 mail to
P.O. Box 2647
Carbondale, IL 62902-2647
brandon.zanotti@illinois.gov

Please send Arb. McCarthy's Zone 2 mail to
P.O. Box 3130
Decatur, IL 62524-3130
douglas.mccarthy@illinois.gov

Follow this link for the full IWCC announcements.



 

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. 

JCAR November Update

The Joint Committee on Administrative Rules (JCAR) held its November meeting yesterday. 

Our previous JCAR Administrative Rules update details the IL Workers' Compensation Commission and Department of Insurance pending rulemakings on that agenda. 

While there was discussion regarding the internal process utilized by the IWCC with its physician-dispensed pharmacy reimbursement modification, the IWCC and IDOI rulemakings included on the agenda will continue through the process.  The IWCC and IDOI can  adopt the rules by filing them with the Secretary of State, and the effective dates will appear when published in a future Illinois Register.
 
JCAR's next meeting is currently scheduled for December 11, 2012.  As of this post, the IDOI updates to the insurance code, specifically the WC PPP rules, are not on the December agenda.

 

JCAR November/December Meetings & Pending Updates

The next meeting for the General Assembly's Joint Committee on Administrative Rules (JCAR) is scheduled for Tuesday, November 13, 2012.  The committee meeting begins at 11:00am in Room 600C of the Michael A. Bilandic building in Chicago. 

Both the Illinois Workers' Compensation Commission (IWCC) and Illinois Department of Insurance (IDOI) have several proposed changes and updates to the Administrative Code pending with JCAR.

Since our previous pending-Administrative Code post, the Department of Insurance moved another rulemaking to JCAR's Second Notice; however, the Medical Malpractice Data Base update appears on the agenda for JCAR's December meeting on 12/11/2012.

 

Illinois Workers' Compensation Commission

There are no additional updates since our previous posts. (Click here for the post covering both the JCAR process and the IWCC "Certificate of No Objection" Administrative Code updates pending publication in the Illinois Register)

JCAR Second Notice: November 13 meeting

• Arbitration (50 Ill Adm Code 7030) proposed 8/17/12 (PDF document page 72)
• Miscellaneous (50 Ill Adm Code 7110) proposed 8/17/12 (PDF document page 79)
• Incorporates the updates to the physician-dispensed pharmacy reimbursement methodology (see our previous update for more information)
• Commission Review Board Procedures (50 Ill Adm Code 7500) proposed 8/17/12 (PDF document page 96)
  
  

Illinois Department of Insurance (updated 11/9/12)

JCAR Second Notice: November 13 meeting

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.

Updated IDOI Administrative Code Changes

The next meeting of the General Assembly's Joint Committee on Administrative Rules (JCAR) is currently scheduled for November 13, 2012. Both the Illinois Workers' Compensation Commission (IWCC) and Illinois Department of Insurance (IDOI) have several proposed changes and updates to the Administrative Code pending with JCAR.

Since our previous pending-Administrative Code post, the Department of Insurance moved several additional rulemakings to JCAR's Second Notice.

 

Illinois Workers' Compensation Commission

No additional updates since our previous post. (Click here for our previous post covering both the JCAR process and the IWCC proposed rules status updates.)

 

Illinois Department of Insurance (updated)

JCAR Second Notice

The following proposed updates moved to JCAR's Second Notice review period. JCAR will consider these rules at its November meeting.

• Insurance Data Reporting Requirements (50 Ill Adm Code 4203) proposed 2/3/12 (PDF Page 9)
• Internal Security Standard and Fidelity Bonds (50 Ill Adm Code 904) proposed 6/22/12 (PDF Page 56)
• Accident and Health Expense Reporting (50 Ill Adm Code 2043) proposed 8/3/12 (PDF Page 24)

Pending Second Notice

As part of the JCAR's First Notice process for the new WC PPP rules, all interested parties were permitted to submit public comments about the proposed regulatory changes to the IDOI up until the June 11, 2012 deadline.

 

At this point, JCAR has not addressed the modifications to the existing rules

(50 Ill. Adm. Code 2051) with the IDOI at its monthly meetings, and, as of this post, the IDOI is not scheduled on the agenda for JCAR’s next meeting on November 13, 2012.

 

• Preferred Provider Programs (50 Ill. Adm. Code 2051) proposed 4/27/2012 (PDF Page 286)

 

IWCC Posts 2013 Arbitrators' Calendars

The Illinois Workers' Compensation Commission posted its 2013 Arbitrators' Calendars on the IWCC website.

IWCC Arbitration Calendars

• 2013 arbitration hearing sites
• 2013 Chicago arbitration schedule
• 2013 non-Chicago arbitration schedule

The IWCC maintains a Calendars, Call Sheets, & Chicago Trials page on its website which lists the remaining schedules for 2012 along with the new 2013 schedules referenced above.

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.

 

IL Administrative Code Status Updates

Both the IWCC and IDOI are in the process of updating their rules and regulations through the Illinois General Assembly's Joint Committee on Administrative Rules (JCAR).  If you are unfamiliar with the Illinois rulemaking process, JCAR provides a succinct overview of the process on its website. 

The following is a status update on pending IWCC and IDOI additions and modifications to the Illinois Administrative Code:

Illinois Workers’ Compensation Commission

JCAR "Certificates of No Objection"

JCAR issued "Certificates of No Objection" at its September 11, 2012 meeting for two separate IWCC administrative code updates. The IWCC can now adopt the rules by filing them with the Secretary of State. The effective dates will appear when published in a future Illinois Register.

• Miscellaneous (50 Ill Adm Code 7110) proposed 3/2/12
• 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 (PDF document page 75)

JCAR Second Notice

The following proposed updates moved to JCAR's Second Notice review period. JCAR will consider these rules at its November 13, 2012 meeting.

• Arbitration (50 Ill Adm Code 7030) proposed 8/17/12 (PDF document page 72)
• Miscellaneous (50 Ill Adm Code 7110) proposed 8/17/12 (PDF document page 79)
• Incorporates the updates to the physician-dispensed pharmacy reimbursement methodology (see our previous update for more information)
• Commission Review Board Procedures (50 Ill Adm Code 7500) proposed 8/17/12 (PDF document page 96)

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.