News

New Request for Hearing, arbitration decision forms, paragraphs posted

The Commission has posted new versions of the Request for Hearing (IC9) form, and five arbitration decision forms--regular, 19(b), 19(b-1), fatal, and nature and extent. In addition, we posted a list of boilerplate paragraphs that users can copy and paste into the order section of the decision.

The forms were revised by a forms committee of hearing officers, and the proposed changes were circulated among all arbitrators and commissioners. The committee standardized the forms, added text to reflect the fee schedule and other changes, added email fields, etc.

We will distribute the print version of the Request for Hearing form as soon as we get it from the printer. When the forms arrive, we will distribute them to all offices and to Downstate arbitrators. Until then, please print the form from the website.

Whenever we create a new form, we allow six months from the revision date for parties to make the transition.  After August 1, 2010, outdated forms may be returned to the filing party. 

To download the new forms, click here.  If you have any questions about the forms, click here. 

posted 2/8/10

Clarification on expedited (19(b) and 19(b-1)) decision forms

Please note that the fact that an expedited (19(b) or 19(b-1)) petition was filed does not necessarily mean an expedited decision should be issued.

Administratively, an expedited decision form is one in which the arbitrator or commissioner

1) does not address permanency;
2) rules only on TTD, TPD, maintenance, or medical benefits; and
3) orders that the case shall be returned to the call using the “not a bar” language.

On an expedited decision form, in the Order section, the arbitrator or commissioner states,

"In no instance shall this award be a bar to subsequent hearing and determination of an additional amount of temporary total disability, medical benefits, or compensation for a permanent disability, if any."

This "not a bar" language remands the case back to the call for a hearing at which permanency can be addressed. Whenever permanency issues are addressed--whether benefits are awarded or the petitioner is found ineligible--an expedited decision form should not be used. Depending on the arbitrator or commissioner's preferences, parties may file a motion to come out of the 19(b) or 19(b-1) process, or they may state on the record that the arbitrator or commissioner may address permanency.

In any case, to prevent administrative problems, please do not use an expedited decision form and delete the "not a bar" language. Keep in mind that, administratively, the distinguishing feature of an expedited decision form is one in which the arbitrator or commissioner returns the case to the call.

Thanks for your cooperation in these matters. It will help cases flow more smoothly through the process.

posted 2/8/10

Commission closed February 12, 15

The Commission will be closed on Friday, February 12th, and Monday, February 15th, for Lincoln and Washington's birthdays. 

posted 2/8/10

No entry in Springfield office until 8 am

Effective immediately, people cannot enter the Springfield office building until 8 am. Our office actually opens at 8:30 am, but in the past, a security guard who started work at 7:30 would allow people into the building. Due to a schedule change, people will not be able to enter until 8 am. On these cold winter days, please plan accordingly.

posted 1/29/10

Collinsville hours reopens

The Collinsville office will resume its regular business hours, Monday - Friday, 8:30 - 5:00, on Monday, February 1.

posted 1/29/10

IWCC posts fee schedule seminar
questions-and-answers

Glen Boyle, fee schedule project manager, held seven seminars around the state and one statewide webinar to explain the fee schedule to payers and providers of workers' compensation medical treatment.

We appreciate all the questions raised and the exchanges between payers and providers that occurred during the seminars. We all learned things. The discussions prompted the Commission, with the WCMFAB's input, to issue guidelines on the three issues that came up the most, and we made a correction to the Instructions and Guidelines. Thanks to everyone for the input.

Click here to read the new guidelines, and the questions and answers from the seminars.   
Click here to view the PowerPoint presentation from the seminar.

revised 1/25/10; posted 11/24/09

More open house dates announced

The Commission announced an open house in Chicago on January 14, 2010, and the seats filled up on the day it was announced.  We have scheduled additional dates on February 11 (full), April 6 (full), May 6 (full), and June 14.  More dates will be scheduled.

The program will run from 9 am to 12 noon. After a brief explanation 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.

There is no charge to attend, but registration is limited. To sign up, please send an email with the subject "open house" to susan.piha@illinois.gov .

revised 1/27/10; posted 12/14/09

State mileage rate decreases

The Governor's Travel Control Board, which sets mileage rates for State offices, now ties the State travel rate to the federal rate for private vehicle mileage reimbursement. The federal rate decreased as of January 1, 2010.

 

State Mileage Rate	Cents per Mile
January 1, 2010- June 30, 2010	50.0
July 1, 2009 - Dec. 31, 2009	55.0
July 1, 2008 - June 30, 2009	50.5
July 1, 2007 - June 30, 2008	48.5

posted 1/5/10

Commission submits fee schedule report to Governor, General Assembly

In 2005, when the legislature enacted the first workers' compensation fee schedule in Illinois, it directed the Commission to report on its implementation by January 1, 2010. The Commission worked with the Workers' Compensation Medical Fee Advisory Board and others to draft the report.  In the process, the participants started to form consensus on changes needed to make the fee schedule work as best as possible.  The report will serve as the agenda for future discussions. Thanks to all who helped.  To read the report, click here. 

posted 12/30/09

Commission decisions available

At present, the Commission does not publish its own decisions in bulk. Since Tower Records* has gone out of business, people have been asking where they may obtain Commission-level decisions. We have listed all known vendors below. The Commission is not affiliated with any of these companies and does not endorse any company. The list is provided as a convenience to the parties.

Decisions may be purchased on a disk or online from QDEX. 

The following vendors sell subscriptions to online legal research that include Commission decisions: LexisNexis  and Westgroup.

The following vendors summarize some, but not all Commission decisions, in their publications: LRP Publications and WC Summaries. 

If other vendors exist and would like to be listed, please click here. 

*This Tower Records is not related to the music store also known as Tower Records.

posted 12/21/09

New Galesburg and Joliet arbitration hearing locations

Effective January 1, 2010, Galesburg arbitration status calls and hearings will be held at the Best Western Prairie Inn, 300 S. Soangetaha Rd. Note: Review hearings will continue to be held at the VFW Hall.

Effective January 1, 2010, Joliet arbitration status calls and hearings will be held at the Will County Court Annex Building, 57 N. Ottawa St. Ste 201. Note: Review hearings will continue to be held at the Will County Courthouse.

posted 12/14/09

Workers' Compensation Fraud Unit issues annual report

In 2008, the Illinois Department of Insurance investigated 41 reports of possible workers' compensation fraud, and referred 35 cases for prosecution. Working on referrals from prior years, the Illinois Attorney General and county State's Attorneys obtained seven convictions. Click here to read the report. To see the list of fraud convictions, click here. 

revised 2/3/10; posted 12/14/09

Chairman Masters convenes rules review group

Chairman Masters has assembled a group of attorneys, arbitrators, and commissioners to conduct an extensive review of the rules. Chairman Masters has solicited ideas from the Illinois State Bar Association, Chicago Bar Association, Workers' Compensation Lawyers Association, and the Illinois Self-Insurers Association.

The rules review group consists of:

Greg Becker, Becker Schroader & Chapman PC
Bruce Bonds, Heyl Royster Voelker & Allen
Frank Brady, Brady, Connolly, Masuda,P.C.
William Lowry, Nyhan, Bambrick, Kinzie & Lowry
David Menchetti, Cullen Haskins Nicholson & Menchetti
John Power, Power & Cronin Ltd
Kim Presbrey, Presbrey & Associates
Natalie Romo, Hennessy & Roach
Sam Ruffolo, Baum, Ruffolo, & Marzal, Ltd.
Jean Swee, Williams & Swee Ltd

Arbitrator Milt Black
Arbitrator Jeff Tobin

Commissioner David Gore
Commissioner Nancy Lindsay

Once the rules revisions are formalized, they will be voted upon by the Commission and proceed through the formal rule-making process, during which the public will have an opportunity to review and comment.

posted 11/24/09

100th anniversary of Cherry mine disaster commemorated

On Nov. 13, 1909, in a coal mine in central Illinois, 300 feet below ground, a torch set a load of hay on fire. Of the nearly 500 men and boys in the mine that day, 259 died. Eight days after the fire, 21 men who were still trapped in the mine were rescued. They survived by sealing themselves off from the fire and drinking pools of water.

The fire provided the impetus for worker safety and workers' compensation legislation. In a special session, the Illniois legislature created a commission to study and recommend the best way to compensate for industrial accidents. The first workers' compensation act in Illinois took effect on May 1, 1912.

In Springfield, on Nov. 1, the Abraham Presidential Library opens a commemorative exhibit, "The Flames Caught Us." The exhibit will run through March 2010.

Artifacts featured in the exhibit include typical 1909 mining equipment; a mule collar and chain; a canary cage to hold the birds used to measure air quality; numerous government reports on the disaster; and several personal narratives. Many of these artifacts have been loaned by private individuals specifically for this exhibit.

On Saturday, Nov. 7, at 6 p.m., the library will host a roundtable discussion with authors who have written about the disaster. Authors participating include Karen Tintori, "Trapped: The 1909 Cherry Mine Disaster"; Dean and Lorena (Galletti) Cotton, "Oneness: Angiolina, The 1909 Cherry Mine Disaster"; Steve Stout, "Black Damp: The Story of the Cherry Mining Disaster"; and Ronald Bluemer, "Fire Below!" Musician Ray Tutaj Jr. will offer a musical performance dedicated to the Cherry Mine Disaster.

Click here for more information on the Cherry mine fire.

Click here for a first-hand account by one of the 21 surviving miners, published in 1911.

Click here for more information on the history of the Illinois workers' compensation program.

posted 10/27/09

Springfield office/hearing site update

Beginning with the November 2 status call, all Springfield status calls and hearings will be held at the new Springfield office: 4500 S. Sixth St. Frontage Road, Springfield, IL 62703-5118. A security guard at the front of the building will direct parties to the hearing space. 

Please change your records so that mail sent to the arbitrators who work out of the Springfield office--Arbitrators White, Neal and Mathis--will have the new address.

revised 10/8/09; posted 5/21/09

Kankakee hearing site is moving

Effective November 4, 2009, Kankakee hearings will be held at the Hilton Garden Inn, 455 River Stone Parkway, Sugarcreek Rooms 1 & 2.

posted 10/1/09

Ingenix corrects errors in Anesthesia and ASTC fee schedules

In September, Ingenix has posted new rates for the 2009 anesthesia fee schedule. Instead of applying the 2009 increase of 5.37% to the 2008 rates, it erroneously applied it to the 2007 rates. On average, the conversion was miscalculated by -$1.79 per unit.

Earlier, in April, Ingenix also corrected errors in the ASTC fee schedule. It originally did not list fees for all procedure codes, and it corrected errors in the TC/PC splits.

Parties have asked the IWCC how they should handle these errors. Whenever our regulations do not address a specific issue, we encourage people to follow common conventions. Our understanding is that the common convention when errors occur is for the medical provider to resubmit the bill.

Ingenix and the Commission apologize.

revised 11/13/09; posted 9/28/09

No gifts, please

Please remember that IWCC rules prohibit IWCC employees from accepting anything of value from 1) any petitioner or respondent with a workers' compensation case; or 2) any attorney representing a petitioner or respondent with a workers' compensation case in front of the IWCC. This includes minor expenses such as a free lunch, a holiday gift, or even a discount.

posted 8/26/09

Insurance agent convicted on wc fraud

Reuben Collier, Jr., of Collier Insurance Agency in Waukegan, has pled guilty to three felony charges of theft, forgery, and workers’ compensation fraud. He collected money from 22 north suburban businesses for workers’ compensation insurance, issued false certificates of insurance, never secured coverage, and pocketed the $400,000. For more information, click here. 

To date, the Illinois Department of Insurance Fraud Unit has referred cases that led to seven convictions of claimants, and now one conviction against an insurance agent. New indictments continue to come in. Congratulations to the IDOI.

To report a possible case of fraud, contact Francis "Buzz" Walsh in the Workers' Compensation Investigative Unit at the Illinois Department of Insurance (francis.walsh@illinois.gov; toll-free 877/923-8648; 320 W. Washington, Springfield, IL 62786).

posted 6/26/09

Is your client entitled to RAF benefits?

Each spring, the Commission sends letters to all petitioners we could identify who appear to be eligible as of the upcoming July 15 for cost-of-living benefits from the Rate Adjustment Fund. This year, we sent letters to the petitioners as well as the petitioner and respondent attorneys on each case, but, as in prior years, we received responses on only about half of the cases.

Petitioners who are either permanently and totally disabled (PTD) or the survivors of fatally-injured workers may be eligible for cost-of-living benefits beginning on the second July 15th after a final decision. For more information, please click here.

We are now sending follow-up letters, but we need your help. Attorneys, if your client has moved and you have a current address, please get in touch with him or her. Please help us spread the word.

posted 6/19/09

Employer closed down for failure to obtain WC insurance

For the first time, an Illinois business has been shut down for failure to obtain workers’ compensation insurance. The Illinois Workers’ Compensation Commission and the City of Evanston shut down All Good Dogs Pet Care, also known as The Hungry Pup, an Evanston storefront at 941 Chicago Avenue, with dog-walkers in six suburbs.

Four individuals have filed workers’ compensation claims against the company. Two individuals have been found eligible for workers’ compensation, but the employer has not paid any benefits.

“We gave the employer every opportunity to comply with the law,” said Jan Eisbart, manager of the IWCC Insurance Compliance Division. “All they had to do was get insurance and they have not complied. They did not respond to our letters or even appear at the hearing. They forced our hand.”

Eisbart takes this occasion to remind all employers of their obligation to purchase workers’ compensation insurance. Employers may be fined up to $500 for each day without insurance, with a minimum fine of $10,000. Corporate officers may be held personally liable and/or sent to prison.

In 2005, the legislature strengthened the law by giving the Commission the authority to issue a work-stop order on an employer that has been found to knowingly fail to carry insurance.

Anyone may check an employer’s insurance coverage on the IWCC website, email the Commission, or call toll-free 866/352-3033.

PS:  The owner did purchase insurance and reopened the business. 

revised 6/19/09; posted 6/3/09

PPD maximum rate corrected

Due to a clerical error, the maximum PPD rate for 7/1/08 - 6/30/09 that was posted in January 2009 was wrong. Please note the correct rate is $664.72. We apologize for the inconvenience.

posted 3/11/09

Please help us remove settled cases from the call

Because it is important to all of us that the IWCC database is as accurate as possible, we are asking for your help in removing settled cases from the call.  Simply informing the arbitrator a case is settled is not sufficient. If your case was settled but still appears on the call after three months, please email or mail a copy of the contract to James Gentry, Central Files Supervisor, in our Chicago office.

In those rare instances where you cannot locate the contract, please complete the "Order Removing Settled Case from the Call" (IC34s) form, and obtain the arbitrator's approval. You do not have to complete this form if you provide a copy of the contract.

posted 12/19/08

Notice:  Beneficiaries of PTD and fatal workers' compensation benefits
also eligible for cost-of-living adjustments

The Illinois Workers' Compensation Commission is searching for lost beneficiaries to its Rate Adjustment Fund (RAF).

In the 1970s, the legislature created the Rate Adjustment Fund to pay cost-of-living adjustments to individuals who have been found to be either permanently and totally disabled (PTD) or the survivors of fatally-injured workers. The IWCC collects assessments from employers, and then pays cost-of-living adjustments to beneficiaries.

Individuals who currently receive a workers’ compensation check for PTD or fatality from an employer or insurance company are also eligible to receive a separate check from the State of Illinois for this cost-of-living adjustment.

IWCC staff notified the Auditor General and Comptroller’s Office that the IWCC may not be paying cost-of-living adjustments to all eligible beneficiaries. The situation appears to have existed throughout the past 30 years.

Most of the situation appears to have occurred in the late 1980s and early 1990s, when the fund experienced chronic funding shortages. The legislature increased the employer assessment several times and authorized loans from other state funds, but during that time people may not have been paid a cost-of-living adjustment. Throughout the years, some people did not respond to RAF notices, or failed to inform the IWCC of address changes, which contributed to the challenge of locating potentially eligible recipients.

As directed by the Governor’s Office, the IWCC obtained outside legal counsel and conducted a joint investigation with the Office of Internal Audit. In response, the IWCC has implemented the following controls:

The IWCC and the Office of Internal Audit have entered into a multi-year interagency agreement to work on improving internal controls further. It now appears that in FY09, the IWCC has paid beneficiaries appropriately, and is searching for people who were missed in the past.

Individuals who received a final PTD or fatal award more than two years ago but have not received a RAF benefit should fill out and submit the application form found on the RAF web page. 

There are a number of factors that will be considered in determining eligibility for RAF payments. These factors include, but are not limited to, settlement, death, remarriage, maturation of children, reemployment, waiver, statute of limitations, and other legally relevant factors.

revised 12/3/08; posted 11/26/08

Acting Chairman Masters:  arbitration policies are still in effect

Acting Chairman Masters reminds parties that all existing arbitration trial policies remain in effect:

revised 11/24/08; posted 2005

Amy J. Masters named Acting Chairman;
Bertha E. Parker named Acting Secretary

Governor Blagojevich has named Amy J. Masters as Acting Chairman of the IWCC, effective 11/21/08.  Chairman Masters first joined the Commission in 2003.  She has served as the Secretary of the Commission and Operations Manager for the past two years, and previously served as Chief of Staff and Judicial Manager.  Before joining the Commission, she managed public relations for the Chicago Bar Association and the Laborers' International Union-Midwest Region.  She holds a B.S. degree in Political Science from Southern Illinois University.   

The Workers' Compensation Advisory Board recommended the governor appoint Masters as Acting Chairman. Under the 2005 workers’ compensation legislative changes, the bipartisan board now makes recommendations on Commission appointments to the governor. The board is made up of six representatives from the business community and six representatives from the labor community.

Additionally, Bertha E. Parker will serve as Acting Secretary during the time Masters serves as Acting Chairman.  Secretary Parker has worked at the Commission since 1978.  She most recently managed the Arbitration Support Staff and will continue to oversee that area.  

posted 11/21/08

Photo IDs needed to enter Thompson Center

Please remember that everyone entering our Chicago office in the Thompson Center must present a valid photo identification card.

The following IDs are acceptable:

A valid driver’s license from any U.S. state;
A valid ID card from any U.S. state; 
A valid U.S. passport;
Any valid military identification;
Any valid picture ID issued by a government entity within the U.S.;
A valid passport issued by another country;
A valid ID issued by a foreign consulate.

The following IDs are NOT acceptable:

An Illinois Firearm Owners Identification (FOID) card;
Any identification not issued by a government entity;
Any identification without a picture of the subject;
Non-government work identification cards;
Any ID that is expired.

Attorneys, please notify your clients that they must bring valid identification cards.

posted 9/17/08

Injured Workers' Benefit Fund collects fines, pays benefits

In 2009, the Insurance Compliance Division collected $1.3 million in fines from 107 employers found to be operating without workers' compensation insurance.

Since 2006, the Commission has collected nearly $5 million in fines from uninsured employers. All of that money will be used to pay benefits to the injured workers of uninsured employers. To date, the Commission has paid $1.4 million to 29 workers whose uninsured employers failed to pay them.  Without the IWBF, these workers would have received nothing.

To help the Commission in quickly identifying eligible beneficiaries of the fund, we have developed a IWBF Request For Benefits and Affidavit form, which all individuals claiming eligibility for payments at the end of this fiscal year should fill out and send to:

ATTN: Injured Workers' Benefit Fund Claim
Division of Insurance Compliance
Illinois Workers' Compensation Commission
100 W. Randolph St. #8-200
Chicago, IL 60601

For more information, go to our Injured Workers' Benefit Fund web page. 

revised 2/3/10; posted 6/20/08

New features added to IWCC website

We are always trying to improve our website.  Here's a list of recent improvements.

Please let us know if you have any suggestions for the website. It exists to serve you, so tell us how it can be better.

revised 7/8/09; posted 2005

Think "Safety First" at work and at home

Which would you guess is higher: the rate of accidental injury at home or at work? 

Believe it or not, home is much more dangerous. According to the National Safety Council, 9 out of 10 deaths and 2 out of 3 disabling injuries suffered by workers occurred while off the job. 

Source: National Safety Council, Injury Facts, 2005-6 edition, pp. 52-54.

Injury report

The overall rate of injury in Illinois in 2006 was 63% lower than in 1991. Experts believe that some of the decline is due to improved safety efforts. These programs are great investments, because everyone wins when accidents are prevented.

Nonfatal injuries. The overall incidence rate for nonfatal injuries and illnesses is 4.1 per 100 full-time workers, a decline from the prior year.  The transportation and manufacturing industries had the most injuries.  The most common event was contact with an object or equipment, followed by overexertion; the most common type of injury was a sprain or strain, and the back was the part of the body most injured. Hispanic workers had a disproportionately high number of injuries. 

Source: Illinois Department of Public Health, "Survey of Nonfatal Workplace Injuries and Illnesses: Illinois, 2007," September 2009. For more information on the BLS/IDPH studies, go to the IDPH website.

revised 2/5/10

Commission encourages more Settlement Days

As we all know, the Commission is a high-volume operation. Each arbitrator handles roughly 3,000 cases at any time, which makes it essential to make the best possible use of his or her time. also know that opposing parties on a case often do not meet until the day of trial. Valuable trial time is then spent on perfunctory matters, easily-resolved discrepancies, and hallway negotiations.

In response, several years ago the Commission started encouraging groups to hold a "Settlement Day" at the Commission. The idea is to bring the two sides together informally to discuss the case and narrow the issues in dispute.

In a typical Settlement Day, an employer, insurance company, or law firm will invite opposing counsel on 25-100 cases to come to the Commission to see if the issues in dispute can be resolved.

No hearing officers or Commission staff are present at Settlement Day conferences. If the parties reach agreement, an arbitrator is available to review the settlement contracts that day.

Thousands of cases have been resolved through this process, and the Commission encourages groups to try it for themselves.

If you find files that are ready to go and you invite the opposing counsel to a Settlement Day, "your success rate should be over 50%," says Keith Brown, senior claims manager at Wausau Insurance, which has set up over a dozen Settlement Days.

"You can close more cases in a Settlement Day than you would ordinarily close in a day or even a week," he continues. "Everyone's in a frame of mind to settle the claims out. It brings down both parties' caseloads and gets the files out of the system."

For more information, or to schedule a Settlement Day, please contact Nick Velazquez (312/814-6560).

revised 7/22/08

Send court orders to Commission

If you are involved in a case in which a court issues an order requiring the Commission to act, please send a copy of the order to Bessie Mims (312/814-6572), and ask the court to return the transcript to us. The courts do not always send us copies of their orders, and cases may fall into limbo if we are not informed. Thanks for your help in keeping the process running smoothly.

Remember IWCC deadlines

Two Appellate Court decisions instruct parties to keep close track of their workers' compensation cases and to follow due diligence in keeping the cases moving.

See Kavonius v. Industrial Commission, 713 NE2d 158, 238 Ill. Dec. 912 (2nd Dist., 1999) and Contreras v. Industrial Commission, 715 NE2d 701, 240 Ill. Dec. 14 (1st Dist., 1999).

In Kavonius, the respondent's appeal of a Commission decision was dismissed because the respondent did not pay for the probable cost of the record and appeal bond in a timely manner, even though a circuit court clerk allegedly returned the documents unfiled.

In Contreras, the respondent's appeal of an arbitrator's decision was dismissed because the court held the respondent did not exercise due diligence in obtaining an authenticated transcript in a timely manner, even though the Commission was late in producing the transcript.

The Appellate Court certified that both cases involve substantial legal questions, which opens the way for the Illinois Supreme Court to consider the cases.

The Commission has taken steps to monitor the production of transcripts more closely. These decisions indicate, however, that parties need to be vigilant about deadlines.

A list of Commission deadlines is available online. The list also appears in the back of the bound copy of the act, which is available at all Commission offices.

Need help bringing a worker back to light duty?

The federal Job Accommodation Network (800/526-7234) offers free information regarding workplace accommodations for disabled workers. This service may be particularly helpful to employers that are trying to bring injured workers back to light-duty work.

Given the functional requirements of a job and the individual's limitations, a consultant will provide advice on the appropriate workplace accommodations. Fortunately, most employees can be accommodated at a modest cost. Often, it is cheaper to pay for the accommodations than to continue to pay Temporary Total Disability benefits.