News

Gov. Quinn appoints three arbitrators

Governor Quinn announced the appointment of three more arbitrators.

William Gallagher has 35 years of experience as an attorney concentrating on workers' compensation in Illinois and Missouri, both in solo practice and at Nichols Law Office. He also handled workers' compensation cases as in-house counsel for Kember National Insurance Company. He holds a BA in Political Science and Economics and a JD from Southern Illinois University. His term will expire on July 1, 2013. Arb. Gallagher will handle former Arb. Tobin's call in Region 2 (Quincy, Springfield, and Urbana).

Douglas McCarthy has over 30 years of experience as an attorney concentrating on workers' compensation and Social Security disability law. He holds a BA in Communications from Illinois State University, an MA in Public Affairs Reporting from Sangamon State, and a JD from Southern. His term will expire on July 1, 2013. Arb. McCarthy will be based in Chicago and will serve at large where needed.

Brandon Zanotti represented both petitioners and respondents at Feirich/Mager/Green/Ryan. He also clerked for Judge Joseph Leberman in the First Judicial Circuit Court, and worked as a congressional clerk to Sen. Dick Durbin. He holds a BS in Finance from Southern and a JD from Washington University. His term will expire on July 1, 2012. Arb. Zanotti will handle the Chicago "TBA" call formerly handled by Arb. Dollison.

After the arbitrators complete a training process, they will be assigned to their territories.

posted 1/27/12

Arbitration coverage updates

Click here to view the coverage schedule for the "TBA" Chicago call formerly handled by Downstate Arb. Dollison. Present settlement contracts to the assigned arbitrator for the day; mail contracts to the Chairman's Office.

In February, Arbitrator Mathis will handle former Arb. Tobin's Quincy call; please mail settlement contracts to Arb. Mathis.

Arbitrator Kane cannot attend his Feb. 3 trial date; Arb. Williams will cover for him.

For other calls, parties should always mail a settlement contract to the assigned arbitrator. In Zones 1-5, parties may present a contract in person either to the assigned arbitrator or at the assigned site. Parties must present a Zone 6 Chicago contract to the assigned arbitrator if he or she is sitting in Chicago. Click here to view a map of the zones. Requests for reassignment should be made to the Chairman's Office.

Effective January 1, 2012, we consolidated 23 Downstate arbitrator territories to 16, assigned three arbitrators to each hearing site, and changed our programming so that cases will be automatically continued for three months instead of two. We are all adjusting to these major changes.

If you have any questions, contact Bertha Parker (312/814-6059).

revised 1/27/12; posted 1/9/12

Lola Dada-Olley is new Deputy Counsel

Lola Dada-Olley has joined the Commission as Deputy Counsel. She holds a BS in Business from the Eastern Illinois University, a JD from Howard, and an MS in Journalism from Northwestern.

Lola's prior work history includes a mixture of policy, communications, and law, both in the private and public sector. She has worked for Eli Lily, the Emmy Foundation, the Federal Communications Commission, the Illinois Attorney General's Office, and the Illinois Governor's Office.

She has also written articles and blogs for the Huffington Post and the Global Press Institute.

Please join us in welcoming Lola to the Commission.

posted 1/17/12

Stay lifted on AMR/American Airlines

AMR, the parent company of American Airlines has filed for bankruptcy, but a recent order lifted the stay on workers' compensation proceedings.

posted 12/14/11

Arb. Jerry Jutila passed away

We are sorry to announce that Arbitrator Jerry Jutila passed away today. Jerry joined the Commission as an arbitrator in 2004, served as acting chairman in 2008, then returned to his arbitrator position. He was widely respected as an intelligent, thoughtful, and fair person.

While he struggled with his illness, he worked on a document, "Lessons Learned on the Eighth Floor," intended to help train the new arbitrators. It was just distributed to arbitrators this past week.

Full of practical advice, writing tips, humor, and gentle guidance ("Listen to the other side." "We are public servants and have a duty to be helpful."), he told arbitrators, "At the end of the day, you are going to derive a great deal of satisfaction" from helping people resolve conflicts. The document is a fitting reflection of Jerry's character.

Before coming to the Commission, Jerry represented injured workers for decades, at the firms May, Decker and Associates; Collins, Jutila and Shovlain; and Gibson and Kopsick.

He was a Life Fellow of the Illinois State Bar Association since 1996 and was a member of numerous professional law associations.

Jerry was honorably discharged from the U.S. Air Force Security Service, where he served as Staff Sergeant and Intelligence Analyst.

Our sympathies go to Jerry's wife, Barb, and their extended circle. His passing is an enormous loss.

posted 12/8/11

Commission issues guidance on AMA impairment ratings and PPD awards

The Commission has issued guidance to arbitrators regarding the use of American Medical Association impairment ratings in the determination of permanent partial disability awards.

"The Commission has become aware that the new Section 8.1b of the Act, which sets forth the standard for the determination of permanent partial disability, may be subject to a variety of different interpretations. The Commission discussed the new Section 8.1b at its last Commission meeting on November 17, 2011. The Commission was also presented with a memo prepared by Secretary of the Commission, Kimberly Janas, which discussed the possible interpretations of Section 8.1b.

The Commission voted unanimously to provide the following recommendations to the Arbitrators:

1. An impairment report is not required to be submitted by the parties with a settlement contract.

2. If an impairment rating is not entered into evidence, the Arbitrator is not precluded from entering a finding of disability.

The preceding two statements are simply provided as guidance of the Commission’s review of the new law and some current relevant arguments and interpretations and are not a rule of general applicability. Each Commissioner and Arbitrator should issue a decision that responds to the factual situation on review before them."

posted 12/6/11

Joliet arbitration hearing site changed

Effective January 5, 2012, Joliet arbitration hearings will be held at the Joliet Public Library, 150 N. Ottawa Street, 2nd floor.

Reminder: Do not send mail to downstate hearing sites unless they are also IWCC offices. Please send all correspondence to the assigned arbitrator, whose address appears on the "Contact Info" web page.

posted 12/5/11

Come to an open house

You are invited to an open house in the Commission's Chicago office. In 2012, we have scheduled programs on March 7 (FULL) and May 10. There is no charge to attend, but registration is limited. To sign up, please send an email with the subject "open house" and the desired date.

The program runs from 9 am to 12 noon.  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.

If you are interested in attending an open house at any of our downstate offices, please let us know.

The Commission first announced an open house in Chicago in January 2010, and the seats filled up on the day it was announced.  Subsequent programs also filled up and have been well-received.   A Springfield open house also had a good turnout. In all, over 400 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. 

revised 1/17/12; posted 12/14/09

Use of Social Security numbers discontinued at IWCC

Effective immediately, in response to the Illinois Supreme Court Order M.R. 138, the Commission will no longer collect Social Security numbers. The Social Security field has been eliminated from the application and settlement contract forms. Do not enter the number on existing forms. Please update your electronic forms.

We will request the SSN in those limited circumstances where the information is necessary, and only then at such time as necessary, e.g., to process payment from the Rate Adjustment Fund or Injured Workers Benefit Fund.

We will remove the numbers from existing files upon request.

posted 11/16/11

Allow more time when ordering settlement contracts

Starting November 1st, to improve security, we will seal boxes of entered settlement contracts. Once a contract is entered into our computer system, the document will be sealed in a box and will be unavailable for the next 4-6 weeks. Once the boxes have been logged in the Springfield archives, we will be able to retrieve them in 7-10 days. Please allow adequate time when requesting contracts.

posted 9/30/11

WC advisory insurance rates decrease 8.8%;
fee schedule rates cut 30%

In response to the recent enactment of House Bill 1698/Public Act 97-18, NCCI filed for an 8.8% decrease in voluntary advisory insurance rates. The Illinois Department of Insurance announced the change took effect September 1, 2011. Insurers may charge more or less than the advisory insurance rates, but the filings influence the market.

The decrease is due to the 30% reduction in fee schedule amounts that took effect 9/1/11. Click here to view the new fees.

revised 10/6/11; posted 7/18/11

Commission welcomes new administrators

Recently, Chairman Weisz has filled key positions within the IWCC.

Bob Devereaux joined the Commission in May as our Fraud Prevention and Efficiency Controller. He is a CPA with a BA from Loras College and an MBA from DePaul University.

Bob comes to the Commission from the private sector where he has held a variety of positions in accounting, finance, operations, internal audit and internal controls.  Prior to joining the Commission, he was the director of an international division of a major corporation focusing on operational methods and procedures, and administrative and programmatic activities.

Kimberly Janas, Operations Manager/Secretary, joined the Commission in September. She earned a BA in English and a JD from the University of Illinois.

Kimberly served as associate counsel to Illinois Senate Democrats, and was the committee counsel on the special committee on workers' compensation, which led to the passage of HB1698. Before that, she was an Assistant Attorney General in the General Law Bureau, and also served as a staff attorney at the Legislative Reference Bureau.

Mark Kimmet, our internal auditor since May, is a CPA with a BA from Northern Illinois University in Economics and an MBA from the Kellogg Graduate School of Management.

Mark has experience in internal audit, controllership, and business management in a variety of private and not-for-profit organizations. His recent experience includes five years at Jefferson Wells as a Financial Operations Consultant where he documented procedures and provided advice on improving efficiency and internal controls.

Ron Rascia joined the Commission in April as legal counsel. He earned a BA in Economics from DePaul, and both a JD and Master's in Intellectual Property from John Marshall.

Ron worked for the Illinois Attorney General for nine years as a supervising attorney in the General Law Bureau. He has served in a number of private sector positions, most recently in plaintiffs' class action for Anderson and Wanca.

Mary Wells has joined the Commission as the Chief Financial Officer. She holds a BA in Political Science from the University of Chicago, an MA in Urban Planning from the University of Illinois at Chicago, and an MBA with a concentration in Finance from DePaul.

Mary's prior work history includes extensive budgeting and forecasting experience. She has prepared multi-billion dollar budgets for the Illinois State Toll Highway Authority, Governor's Office of Management and Budget, and several Massachusetts agencies.

We welcome them all to the Commission.

revised 1/17/121; posted 5/12/11

Wi-Fi available at IWCC Chicago office

The Commission is pleased to offer free wireless Internet access at the Chicago office to the parties who do business with us. To register, you will need to read and agree to the terms of service. Send an email to the Information Department with the exact language,

“I have read and agree to the IWCC Wi-Fi terms of service, and agree to be bound to them.”

with your name, employer name, business mailing address, and your computer’s MAC (Media Access Control) address. If your organization will request access for a number of computers, please send all the MAC addresses in one email.

Only devices whose MAC addresses have been entered into our system will be able to access our network. To preserve bandwidth, users cannot videoconference using our wireless network, and smart phones will not have access. These measures will ensure that our limited connections will be available to the parties who do business with us.

Within five business days after we receive a proper request for registration, you will be able to access the wireless network using the password workcomp500. If you do not receive access, please contact the Information Department.

Please note that, once we authorize access, we do not have the resources to provide technical assistance to wireless users. If you experience a technical problem, please work with your own technical staff.

We hope this network will help parties conduct their business at the Commission with more ease.

posted 4/6/11

Downstate settlement contract procedure announced

In the past, downstate settlement contracts have been reviewed by arbitrators before the case was assigned a case number. Our research indicates this happened over 3,500 times in Calendar Year 2010.

The Commission is extremely sensitive to the needs and desires of injured employees and businesses to get files approved and closed quickly; however, this system does not give us a way to determine if any of those contracts go astray and fail to get entered into the system.

Consequently, as of March 1, 2011, no settlement contracts will be approved until the case has been assigned a case number and setting. The case number and setting must be entered on the face on the contract.

Downstate parties will need to mail 3 copies of the proposed contract to the Chicago Docket Unit with a self-addressed, stamped envelope. The staff will enter the case number and setting, and return 1 copy to the sending party. Parties will need to make at least 3 more copies before presenting the contract to the arbitrator.

Inasmuch as this will increase the time it takes to get an approved contract, we respectfully ask respondent attorneys to note this change and make sure they obtain case numbers and settings so that they can pursue approval of the pro se matters at the next available settings. Equally, arbitrators will review properly presented contracts without unnecessary delay.

The cooperation of all parties is greatly appreciated as we work to find ways to improve the consistency and reliability of our record keeping, which is critical to maintaining the integrity of our system.

Note:  Originally, the title of this article referred only to pro se contracts, but the policy actually applies to all downstate contracts.  The vast majority of unnumbered downstate contracts are pro se but, strictly speaking, all contracts must now obtain a number before an arbitrator will review them.  Thanks to the alert reader who corrected us.

revised 3/9/11; posted 2/1/11

100-Year anniversary of workers' compensation

Workers' compensation was the first social insurance enacted in the US, i.e., a government program where risks are pooled and benefits are legally defined. Wisconsin passed the first constitutional workers' compensation law in 1911, followed closely the same year by Illinois.

In honor of the upcoming 100th anniversary, a centennial commission has created a website. It includes a great 10-minute video of workers' comp history, created by high school students. The International Association of Accident Boards and Commissions has also created a history web page.

posted 6/17/10

100th anniversary of Cherry mine fire,
Triangle Shirtwaist Factory fire

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 Illinois 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.

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.

Click here for information on the Triangle Shirtwaist Factory fire of March 25, 1911, which killed 146 people, mostly women and girls, in New York City. 

revised 3/28/11; posted 10/27/09

No cash, please

Effective immediately, payments for transcripts and summons shall be paid only by check or money order.  If, in an emergency, a party needs to pay cash, an accountant from our Fiscal Office will need to process the transaction.

posted 5/21/10

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

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

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). Each spring, we send letters to all petitioners we can identify who appear to be eligible as of the upcoming July 15 for cost-of-living benefits from the Rate Adjustment Fund. Unfortunately, we receive responses on only about half of the cases.

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 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.

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.

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.  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.

revised 2/2/12; posted 11/26/08

Arbitration policies are still in effect

This is a reminder that the following arbitration trial policies are in effect:

revised 11/24/08; posted 2005

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 12/19/11; 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, the National Safety Council says home is more dangerous.

For every on-the-job death due to unintentional injury, there are about 12 off-the-job deaths of workers due to unintentional injuries. And for every on-the-job injury involving lost time, there are about three off-the-job injuries. There are about six times as many days lost from work due to off-the-job injuries as for on-the-job.

Injury report

The overall injury rate in Illinois in 2008 was 60% lower than in 1990. 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. Overall, 3.6% of full-time workers experienced a nonfatal injury in 2009, another decline from the prior year.  The highest injury rates occurred in natural resources and mining, manufacturing, and trade, transportation and utilities.  The most common type of injury was a sprain or strain, and the back was the part of the body most injured.

Source: Illinois Department of Public Health, "Survey of Nonfatal Workplace Injuries and Illnesses: Illinois, 2009,"May 2011.  This is the most recent data available.  For more information on the BLS/IDPH studies, go to the IDPH website.

revised 9/8/11

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. We 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.

Click here for a list of Commission deadlines. 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.