Bill Text: IL HB4151 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. In a provision creating the Illinois Workers' Compensation Commission, provides that each Commissioner appointed on or after the effective date of the amendatory Act shall be required to be authorized to practice law in this State by the Illinois Supreme Court and to maintain this authorization throughout his or her term of employment. Removes a provision that requires Commissioner candidates, other than the Chairman, to: (i) be licensed to practice law in the State of Illinois; (ii) have served as an arbitrator at the Illinois Workers' Compensation Commission for at least 3 years; or (iii) have at least 4 years of professional labor relations experience. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of all arbitrators shall be reviewed by the Chairman every other year, or more at the discretion of the Chairman (rather than the performance of all arbitrators shall be reviewed by the Chairman on an annual basis). Provides that the Chairman shall have the discretion to assign arbitrators by county (rather than no arbitrator shall hear cases in any county, other than Cook County, for more than 2 years in each 3-year term). Provides that on and after the effective date of the amendatory Act, the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission as provided in a specified provision of the Act, payable in equal monthly installments. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4151 Detail]

Download: Illinois-2019-HB4151-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4151 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
See Index
Amends the Workers' Compensation Act. In a provision creating the Illinois Workers' Compensation Commission, provides that each Commissioner appointed on or after the effective date of the amendatory Act shall be required to be authorized to practice law in this State by the Illinois Supreme Court and to maintain this authorization throughout his or her term of employment. Removes a provision that requires Commissioner candidates, other than the Chairman, to: (i) be licensed to practice law in the State of Illinois; (ii) have served as an arbitrator at the Illinois Workers' Compensation Commission for at least 3 years; or (iii) have at least 4 years of professional labor relations experience. Provides that each Commissioner appointed on or after the effective date of the amendatory Act shall receive an annual salary of 70% of a Circuit Court Judge in the Judicial Court constituted by the First Judicial District under the Salaries Act and the Chairman shall receive an annual salary of 5% more than the other Commissioners. Provides that the performance of all arbitrators shall be reviewed by the Chairman every other year, or more at the discretion of the Chairman (rather than the performance of all arbitrators shall be reviewed by the Chairman on an annual basis). Provides that the Chairman shall have the discretion to assign arbitrators by county (rather than no arbitrator shall hear cases in any county, other than Cook County, for more than 2 years in each 3-year term). Provides that on and after the effective date of the amendatory Act, the Secretary and each arbitrator shall receive a per annum salary of 5% less than the per annum salary of members of the Illinois Workers' Compensation Commission as provided in a specified provision of the Act, payable in equal monthly installments. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Workers' Compensation Act is amended by
changing Sections 13 and 14 as follows:
(820 ILCS 305/13) (from Ch. 48, par. 138.13)
Sec. 13. There is created an Illinois Workers' Compensation
Commission consisting of 10 members to be appointed by the
Governor, by and with the consent of the Senate, 3 of whom
shall be representative citizens of the employing class
operating under this Act and 3 of whom shall be from a labor
organization recognized under the National Labor Relations Act
or an attorney who has represented labor organizations or has
represented employees in workers' compensation cases, and 4 of
whom shall be representative citizens not identified with
either the employing or employee classes. Not more than 6
members of the Commission shall be of the same political party.
Each Commissioner appointed on or after the effective date of
this amendatory Act of the 101st General Assembly shall be
required to be authorized to practice law in this State by the
Illinois Supreme Court and to maintain this authorization
throughout his or her term of employment.
One of the members not identified with either the employing

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or employee classes shall be designated by the Governor as
Chairman. The Chairman shall be the chief administrative and
executive officer of the Commission; and he or she shall have
general supervisory authority over all personnel of the
Commission, including arbitrators and Commissioners, and the
final authority in all administrative matters relating to the
Commissioners, including but not limited to the assignment and
distribution of cases and assignment of Commissioners to the
panels, except in the promulgation of procedural rules and
orders under Section 16 and in the determination of cases under
this Act.
Notwithstanding the general supervisory authority of the
Chairman, each Commissioner, except those assigned to the
temporary panel, shall have the authority to hire and supervise
2 staff attorneys each. Such staff attorneys shall report
directly to the individual Commissioner.
A formal training program for newly-appointed
Commissioners shall be implemented. The training program shall
include the following:
(a) substantive and procedural aspects of the office of
Commissioner;
(b) current issues in workers' compensation law and
practice;
(c) medical lectures by specialists in areas such as
orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;

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(d) orientation to each operational unit of the
Illinois Workers' Compensation Commission;
(e) observation of experienced arbitrators and
Commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(f) the use of hypothetical cases requiring the
newly-appointed Commissioner to issue judgments as a means
to evaluating knowledge and writing ability;
(g) writing skills;
(h) professional and ethical standards pursuant to
Section 1.1 of this Act;
(i) detection of workers' compensation fraud and
reporting obligations of Commission employees and
appointees;
(j) standards of evidence-based medical treatment and
best practices for measuring and improving quality and
health care outcomes in the workers' compensation system,
including but not limited to the use of the American
Medical Association's "Guides to the Evaluation of
Permanent Impairment" and the practice of utilization
review; and
(k) substantive and procedural aspects of coal
workers' pneumoconiosis (black lung) cases.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be

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implemented to keep Commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each Commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years such Commissioner shall remain in office.
The Commissioner candidates, other than the Chairman, must
meet one of the following qualifications: (a) licensed to
practice law in the State of Illinois; or (b) served as an
arbitrator at the Illinois Workers' Compensation Commission
for at least 3 years; or (c) has at least 4 years of
professional labor relations experience. The Chairman
candidate must have public or private sector management and
budget experience, as determined by the Governor.
Each Commissioner shall devote full time to his duties and
any Commissioner who is an attorney-at-law shall not engage in
the practice of law, nor shall any Commissioner hold any other
office or position of profit under the United States or this
State or any municipal corporation or political subdivision of
this State, nor engage in any other business, employment, or
vocation.
The term of office of each member of the Commission holding
office on the effective date of this amendatory Act of 1989 is
abolished, but the incumbents shall continue to exercise all of
the powers and be subject to all of the duties of Commissioners
until their respective successors are appointed and qualified.
The Illinois Workers' Compensation Commission shall

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administer this Act.
In the promulgation of procedural rules, the determination
of cases heard en banc, and other matters determined by the
full Commission, the Chairman's vote shall break a tie in the
event of a tie vote.
The members shall be appointed by the Governor, with the
advice and consent of the Senate, as follows:
(a) After the effective date of this amendatory Act of
1989, 3 members, at least one of each political party, and
one of whom shall be a representative citizen of the
employing class operating under this Act, one of whom shall
be a representative citizen of the class of employees
covered under this Act, and one of whom shall be a
representative citizen not identified with either the
employing or employee classes, shall be appointed to hold
office until the third Monday in January of 1993, and until
their successors are appointed and qualified, and 4
members, one of whom shall be a representative citizen of
the employing class operating under this Act, one of whom
shall be a representative citizen of the class of employees
covered in this Act, and two of whom shall be
representative citizens not identified with either the
employing or employee classes, one of whom shall be
designated by the Governor as Chairman (at least one of
each of the two major political parties) shall be appointed
to hold office until the third Monday of January in 1991,

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and until their successors are appointed and qualified.
(a-5) Notwithstanding any other provision of this
Section, the term of each member of the Commission who was
appointed by the Governor and is in office on June 30, 2003
shall terminate at the close of business on that date or
when all of the successor members to be appointed pursuant
to this amendatory Act of the 93rd General Assembly have
been appointed by the Governor, whichever occurs later. As
soon as possible, the Governor shall appoint persons to
fill the vacancies created by this amendatory Act. Of the
initial commissioners appointed pursuant to this
amendatory Act of the 93rd General Assembly, 3 shall be
appointed for terms ending on the third Monday in January,
2005, and 4 shall be appointed for terms ending on the
third Monday in January, 2007.
(a-10) After the effective date of this amendatory Act
of the 94th General Assembly, the Commission shall be
increased to 10 members. As soon as possible after the
effective date of this amendatory Act of the 94th General
Assembly, the Governor shall appoint, by and with the
consent of the Senate, the 3 members added to the
Commission under this amendatory Act of the 94th General
Assembly, one of whom shall be a representative citizen of
the employing class operating under this Act, one of whom
shall be a representative of the class of employees covered
under this Act, and one of whom shall be a representative

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citizen not identified with either the employing or
employee classes. Of the members appointed under this
amendatory Act of the 94th General Assembly, one shall be
appointed for a term ending on the third Monday in January,
2007, and 2 shall be appointed for terms ending on the
third Monday in January, 2009, and until their successors
are appointed and qualified.
(b) Members shall thereafter be appointed to hold
office for terms of 4 years from the third Monday in
January of the year of their appointment, and until their
successors are appointed and qualified. All such
appointments shall be made so that the composition of the
Commission is in accordance with the provisions of the
first paragraph of this Section.
The Chairman shall receive an annual salary of $42,500, or
a salary set by the Compensation Review Board, whichever is
greater, and each other member shall receive an annual salary
of $38,000, or a salary set by the Compensation Review Board,
whichever is greater.
Each Commissioner appointed on or after the effective date
of this amendatory Act of the 101st General Assembly shall
receive an annual salary of 70% of a Circuit Court Judge in the
Judicial Court constituted by the First Judicial District under
the Salaries Act and the Chairman shall receive an annual
salary of 5% more than the other Commissioners.
In case of a vacancy in the office of a Commissioner during

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the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall
nominate some person to fill such office. Any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his successor is
appointed and qualified.
The Illinois Workers' Compensation Commission created by
this amendatory Act of 1989 shall succeed to all the rights,
powers, duties, obligations, records and other property and
employees of the Industrial Commission which it replaces as
modified by this amendatory Act of 1989 and all applications
and reports to actions and proceedings of such prior Industrial
Commission shall be considered as applications and reports to
actions and proceedings of the Illinois Workers' Compensation
Commission created by this amendatory Act of 1989.
Notwithstanding any other provision of this Act, in the
event the Chairman shall make a finding that a member is or
will be unavailable to fulfill the responsibilities of his or
her office, the Chairman shall advise the Governor and the
member in writing and shall designate a certified arbitrator to
serve as acting Commissioner. The certified arbitrator shall
act as a Commissioner until the member resumes the duties of
his or her office or until a new member is appointed by the
Governor, by and with the consent of the Senate, if a vacancy
occurs in the office of the Commissioner, but in no event shall
a certified arbitrator serve in the capacity of Commissioner

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for more than 6 months from the date of appointment by the
Chairman. A finding by the Chairman that a member is or will be
unavailable to fulfill the responsibilities of his or her
office shall be based upon notice to the Chairman by a member
that he or she will be unavailable or facts and circumstances
made known to the Chairman which lead him to reasonably find
that a member is unavailable to fulfill the responsibilities of
his or her office. The designation of a certified arbitrator to
act as a Commissioner shall be considered representative of
citizens not identified with either the employing or employee
classes and the arbitrator shall serve regardless of his or her
political affiliation. A certified arbitrator who serves as an
acting Commissioner shall have all the rights and powers of a
Commissioner, including salary.
Notwithstanding any other provision of this Act, the
Governor shall appoint a special panel of Commissioners
comprised of 3 members who shall be chosen by the Governor, by
and with the consent of the Senate, from among the current
ranks of certified arbitrators. Three members shall hold office
until the Commission in consultation with the Governor
determines that the caseload on review has been reduced
sufficiently to allow cases to proceed in a timely manner or
for a term of 18 months from the effective date of their
appointment by the Governor, whichever shall be earlier. The 3
members shall be considered representative of citizens not
identified with either the employing or employee classes and

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shall serve regardless of political affiliation. Each of the 3
members shall have only such rights and powers of a
Commissioner necessary to dispose of those cases assigned to
the special panel. Each of the 3 members appointed to the
special panel shall receive the same salary as other
Commissioners for the duration of the panel.
The Commission may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Commission.
On the effective date of this amendatory Act of the 93rd
General Assembly, the name of the Industrial Commission is
changed to the Illinois Workers' Compensation Commission.
References in any law, appropriation, rule, form, or other
document: (i) to the Industrial Commission are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission for all purposes; (ii) to the
Industrial Commission Operations Fund are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission Operations Fund for all purposes;
(iii) to the Industrial Commission Operations Fund Fee are
deemed, in appropriate contexts, to be references to the
Illinois Workers' Compensation Commission Operations Fund Fee
for all purposes; and (iv) to the Industrial Commission
Operations Fund Surcharge are deemed, in appropriate contexts,
to be references to the Illinois Workers' Compensation

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Commission Operations Fund Surcharge for all purposes.
(Source: P.A. 101-384, eff. 1-1-20.)
(820 ILCS 305/14) (from Ch. 48, par. 138.14)
Sec. 14. The Commission shall appoint a secretary and , an
assistant secretary, and arbitrators and shall employ such
assistants and clerical help as may be necessary. Arbitrators
shall be appointed pursuant to this Section, notwithstanding
any provision of the Personnel Code.
Each arbitrator appointed after June 28, 2011 shall be
required to demonstrate in writing his or her knowledge of and
expertise in the law of and judicial processes of the Workers'
Compensation Act and the Workers' Occupational Diseases Act.
A formal training program for newly-hired arbitrators
shall be implemented. The training program shall include the
following:
(a) substantive and procedural aspects of the
arbitrator position;
(b) current issues in workers' compensation law and
practice;
(c) medical lectures by specialists in areas such as
orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;
(d) orientation to each operational unit of the
Illinois Workers' Compensation Commission;
(e) observation of experienced arbitrators conducting

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hearings of cases, combined with the opportunity to discuss
evidence presented and rulings made;
(f) the use of hypothetical cases requiring the trainee
to issue judgments as a means to evaluating knowledge and
writing ability;
(g) writing skills;
(h) professional and ethical standards pursuant to
Section 1.1 of this Act;
(i) detection of workers' compensation fraud and
reporting obligations of Commission employees and
appointees;
(j) standards of evidence-based medical treatment and
best practices for measuring and improving quality and
health care outcomes in the workers' compensation system,
including but not limited to the use of the American
Medical Association's "Guides to the Evaluation of
Permanent Impairment" and the practice of utilization
review; and
(k) substantive and procedural aspects of coal
workers' pneumoconiosis (black lung) cases.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep arbitrators informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each arbitrator shall
complete 20 hours of training in the above-noted areas during

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every 2 years such arbitrator shall remain in office.
Each arbitrator shall devote full time to his or her duties
and shall serve when assigned as an acting Commissioner when a
Commissioner is unavailable in accordance with the provisions
of Section 13 of this Act. Any arbitrator who is an
attorney-at-law shall not engage in the practice of law, nor
shall any arbitrator hold any other office or position of
profit under the United States or this State or any municipal
corporation or political subdivision of this State.
Notwithstanding any other provision of this Act to the
contrary, an arbitrator who serves as an acting Commissioner in
accordance with the provisions of Section 13 of this Act shall
continue to serve in the capacity of Commissioner until a
decision is reached in every case heard by that arbitrator
while serving as an acting Commissioner.
Notwithstanding any other provision of this Section, the
term of all arbitrators serving on June 28, 2011 (the effective
date of Public Act 97-18), including any arbitrators on
administrative leave, shall terminate at the close of business
on July 1, 2011, but the incumbents shall continue to exercise
all of their duties until they are reappointed or their
successors are appointed.
On and after June 28, 2011 (the effective date of Public
Act 97-18), arbitrators shall be appointed to 3-year terms as
follows:
(1) All appointments shall be made by the Governor with

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the advice and consent of the Senate.
(2) For their initial appointments, 12 arbitrators
shall be appointed to terms expiring July 1, 2012; 12
arbitrators shall be appointed to terms expiring July 1,
2013; and all additional arbitrators shall be appointed to
terms expiring July 1, 2014. Thereafter, all arbitrators
shall be appointed to 3-year terms.
Upon the expiration of a term, the Chairman shall evaluate
the performance of the arbitrator and may recommend to the
Governor that he or she be reappointed to a second or
subsequent term by the Governor with the advice and consent of
the Senate.
Each arbitrator appointed on or after June 28, 2011 (the
effective date of Public Act 97-18) and who has not previously
served as an arbitrator for the Commission shall be required to
be authorized to practice law in this State by the Supreme
Court, and to maintain this authorization throughout his or her
term of employment.
The performance of all arbitrators shall be reviewed by the
Chairman every other year, or more at the discretion of the
Chairman on an annual basis. The Chairman shall allow input
from the Commissioners in all such reviews.
The Commission shall assign no fewer than 3 arbitrators to
each hearing site. The Commission shall establish a procedure
to ensure that the arbitrators assigned to each hearing site
are assigned cases on a random basis. The Chairman shall have

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the discretion to assign arbitrators by county. No arbitrator
shall hear cases in any county, other than Cook County, for
more than 2 years in each 3-year term.
The Secretary and each arbitrator shall receive a per annum
salary of 5% $4,000 less than the per annum salary of members
of The Illinois Workers' Compensation Commission as provided in
Section 13 of this Act, payable in equal monthly installments.
On and after the effective date of this amendatory Act of
the 101st General Assembly, the Secretary and each arbitrator
shall receive a per annum salary of 5% less than the per annum
salary of members of the Illinois Workers' Compensation
Commission as provided in Section 13 of this Act, payable in
equal monthly installments.
The members of the Commission, Arbitrators and other
employees whose duties require them to travel, shall have
reimbursed to them their actual traveling expenses and
disbursements made or incurred by them in the discharge of
their official duties while away from their place of residence
in the performance of their duties.
The Commission shall provide itself with a seal for the
authentication of its orders, awards and proceedings upon which
shall be inscribed the name of the Commission and the words
"Illinois--Seal".
The Secretary or Assistant Secretary, under the direction
of the Commission, shall have charge and custody of the seal of
the Commission and also have charge and custody of all records,

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files, orders, proceedings, decisions, awards and other
documents on file with the Commission. He shall furnish
certified copies, under the seal of the Commission, of any such
records, files, orders, proceedings, decisions, awards and
other documents on file with the Commission as may be required.
Certified copies so furnished by the Secretary or Assistant
Secretary shall be received in evidence before the Commission
or any Arbitrator thereof, and in all courts, provided that the
original of such certified copy is otherwise competent and
admissible in evidence. The Secretary or Assistant Secretary
shall perform such other duties as may be prescribed from time
to time by the Commission.
(Source: P.A. 98-40, eff. 6-28-13; 99-642, eff. 7-28-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance