reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 50 - INSURANCE › Part 9070 - SETTLEMENT CONTRACTS AND LUMP SUM PETITIONS › Section 9070.30 - Contested Petitions for Lump Sum Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
Contested Lump Sum Settlement Petitions shall be docketed and
				set for hearing pursuant to 50 Ill. Adm. Code 9040.20(c).
Illinois Administrative Code › Title 50 - INSURANCE › Part 9070 - SETTLEMENT CONTRACTS AND LUMP SUM PETITIONS › Section 9070.40 - Action by Commission

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 presentation of Settlement Contracts or Petitions for Lump Sum Settlement, the
			 Commission shall, after hearing or otherwise, either "approve" or "reject" the
			 Contract or Petition for Lump Sum Settlement. If rejected, the Settlement
			 Contract or the Petition for Lump Sum Settlement shall remain in the Commission
			 file to accompany the application filed, or any to be filed, for the accidental
			 injuries alleged in the Contract or Petition, until the case is assigned to an
			 Arbitrator for hearing. At that time, the Rejected Settlement Contract shall be
			 removed from the file and kept in a separate file until a final award has been
			 entered by the Commission. In no event shall that case be assigned to any
			 Arbitrator who has previously rejected a Settlement Contract presented in that
			 case.
b) When a Settlement Contract
			 has been rejected by an Arbitrator and the venue of the case lies outside Cook
			 County, it shall be the duty of the Arbitrator to return the file to the
			 Commission, which will transfer the case to a new Arbitrator in the nearest
			 contiguous geographical territory. The Commission shall notify all parties of
			 the time, place and date of further action.
c) When a Settlement Contract has been
			 rejected by an Arbitrator and the venue of the case lies in Cook County, it
			 shall be the duty of the Arbitrator to notify the Commission, which will
			 transfer the case to a new Arbitrator chosen randomly from all Arbitrators
			 located in Cook County.
d) When a
			 Settlement Contract has been rejected by a Commissioner and reassigned to an
			 Arbitrator for hearing, no Settlement Contract may be approved by any
			 Arbitrator. Any additional Settlement Contract must be presented to the
			 Commissioner who rejected the prior Settlement Contract for consideration and
			 possible approval.
e) Parties may
			 reserve the right to amend an approved Settlement Contract by stipulation and
			 Order of a Commissioner to conform with regulatory requirements including, but
			 not limited to, those of Social Security and Medicare. In no event may those
			 amendments abridge the substantive rights of the parties as listed in the
			 previously approved Settlement Contract.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9080 - ATTORNEY'S FEES › Section 9080.10 - Petition For Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a)
1) Whether a dispute has arisen between a
			 Petitioner and his attorney or former attorney concerning the amount of payment
			 of fees for services rendered or reimbursement of costs incurred in the
			 prosecution of a claim, or a claim is made for fees in excess of the fees
			 provided in Section 16(a) of the Workers' Compensation Act for extraordinary
			 services, either the Petitioner or his attorney or former attorney may file
			 with the Commission a Petition to Fix Fees which shall set forth the facts
			 surrounding the dispute and the relief requested.
2) On receipt of said Petition, the
			 Commission shall set the matter down for hearing after giving at least ten (10)
			 days notice to parties and all the attorneys for Petitioner. After hearing, the
			 Commission may enter an order dismissing the Petition or an award granting
			 relief.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9080 - ATTORNEY'S FEES › Section 9080.20 - Payment of Proceeds of Litigation

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise directed by the petitioner or the Commission,
				the respondent, its agent or insurance carrier, shall deliver the first payment
				of accrued compensation following an award or settlement to the offices of the
				attorney of record for the petitioner. Unless otherwise directed by the
				petitioner or the Commission, all subsequent payments of an award shall be
				delivered to the petitioner.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9090 - DISCIPLINE OF ATTORNEYS; AGENTS › Section 9090.10 - Disciplining of Attorneys: Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
When a verified, written allegation of improper, unethical or
				contemptuous conduct is made against an attorney, relating to practice before
				the Commission, by a party to pending litigation or any officer of the
				Commission, the Commission may refer that matter to the Attorney Registration
				and Disciplinary Commission.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9090 - DISCIPLINE OF ATTORNEYS; AGENTS › Section 9090.20 - Disciplining of Agents: Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Whenever the Commission finds that an insurer, self-insurer, claims service or
			 other association, or an agent of one of these entities, is practicing a policy
			 of unfairness toward the claimant in the handling and processing of claims
			 under the Workers' Compensation or Occupational Diseases Act, the Commission
			 may issue a Rule to Show Cause why the carrier or agent should not be suspended
			 from writing insurance or processing workers' compensation claims within the
			 State.
b) The recipient of the Rule
			 to Show Cause shall be entitled to be informed of the charges against it and to
			 have an evidentiary hearing on the merits of the charges. The recipient shall
			 have the right to be present, to call witnesses, and to provide other pertinent
			 evidence.
c) After a full hearing,
			 the Commission may invoke appropriate sanctions against the recipient as
			 authorized by statute, specifically including citation (i.e., submission) to
			 the Attorney General for action on any violation of the law or certification to
			 the Director of Insurance for discipline of license.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.10 - Insurance Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Where the Commission or an agent designated by the Commission
				(herein referred to as the National Council on Compensation Insurance) has
				prescribed submission of a policy information page according to Section
				9100.20, no other document will be accepted for filing with the Commission or
				the National Council on Compensation Insurance.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.20 - Policy Information Page

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Every insurer, upon issuance of an insurance policy, must, within 10 days, file
			 a policy information page with the National Council on Compensation Insurance
			 showing the locations and character of the business operations, the date
			 effective, and the policy number. The policy information page must be
			 countersigned by a duly authorized agent of the insurance company.
b) A policy information page shall be
			 required when a previous policy information page has been filed and the
			 coverage has been extended, renewed or otherwise continued by the same
			 insurance carrier.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.30 - Termination of Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
No termination notice of policy shall be accepted by the
				Commission or National Council on Compensation Insurance unless filed on a form
				prescribed and furnished by the Commission or National Council on Compensation
				Insurance. Such notice shall provide the following information: carrier name;
				National Council on Compensation Insurance carrier code; Insured's name and
				address; federal identification number; the number, effective date, and
				expiration date of the policy; reason for termination/cancellation; and
				reinstatement date, if applicable.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.50 - Self-Insurers to File Statements and Reports

Current through Register Vol. 48, No. 28, July 12, 2024
All employers who are or hereafter become self-insurers in
				compliance with these rules, and the requirements of the Workers' Compensation
				Act and/or Workers' Occupational Diseases Act shall file such statements and
				reports and give such information as the Industrial Commission may from time to
				time require and demand or deem necessary to satisfy the Commission as to the
				securing of the payment of compensation provided for in the
				Acts.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.60 - Administration of Claims Against Securities, Indemnity or Bonds of Self-Insurers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination of
			 Self-Insurer's Insolvent Condition
This Section applies whenever:
1) Any self-insured employer who is unable to
			 pay compensation under Sections 7(f), 8(a), 8(b), 8(c), 8(d)(1), 8(d)(2), 8(e),
			 8(f), 19(a) and 19(g) of the Workers' Compensation Act (the Act) and Section 7
			 of the Workers' Occupational Diseases Act (WODA) has filed a written notice of
			 that inability to pay with the Commission; or
2) Any person who has filed an Application
			 for Adjustment of Claim against a self-insured employer gives written notice to
			 the Commission that the Commission determines has raised a question with
			 respect to that employer's ability to pay compensation under the Act/WODA;
			 or
3) It is established that a
			 court of competent jurisdiction has determined or is conducting proceedings to
			 determine that a self-insured employer is unable to pay compensation under the
			 Act/WODA; or
4) Any self-insurer
			 has filed for, or is the subject of, any proceeding under the federal
			 Bankruptcy Reform Act of 1978 (11 U.S.C. 101 et seq.) or is a
			 party, whether plaintiff or defendant, in any proceeding in which a receiver,
			 liquidator, custodian, rehabilitator, sequestrator or trustee, or similar
			 officer for the self-insurer or its property, has been
			 appointed;
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.70 - Administration of Claims Against Group Self-Insurer's Insolvency Fund

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the written notification of any party in interest or on
				its own motion, the Commission shall hold a hearing or hearings to determine
				whether the following events have occurred:
a)
the Director of Insurance has
			 determined that compensation and medical services provided under the Workers'
			 Compensation Act and Workers' Occupational Act may be unpaid by reason of the
			 default of an insolvent group self-insurer
[
			 820 ILCS
			 305/4(a)(6)
			 ]
;
b) the penal
			 sum of the surety bond, indemnity or securities, if any, has been
			 exhausted;
c) the assessment of
			 individual employer member of the group self-insurer in default has been
			 exhausted; and if so, amounts of compensation and medical services which
			 remains unpaid from time to time to persons who have filed Application for
			 Adjustment of Claims pursuant to 50 Ill. Adm. Code 9020.20 and settlements
			 against the insolvent group self-insurer. Upon the determination by the
			 Commission of the extent of the insolvent group self-insurer's outstanding
			 liability under the Workers' Compensation Act and Workers' Occupational
			 Diseases Act the Commission shall order the necessary payments be made from the
			 Group Self-Insurer's Insolvency Fund.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.80 - Administration of Claims Against the Self-Insured Employers Liability Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
			 determination of any party in interest or on its own motion, the Commission
			 shall hold a hearing or hearings to determine whether the following events have
			 occurred:
1) the Commission pursuant to 50
			 Ill. Adm. Code 9100.60(a)(1)-(4) has held a hearing and has determined that the
			 self insured employer is unable to pay compensation and medical expenses
			 provided under the Workers' Compensation Act;
2) penal sum of the surety bond, indemnity or
			 securities have been exhausted;
3)
judgment have been rendered against the self-insured employer in
			 accordance with Section 19(g) on or after the effective date of this Section,
			 December 16, 1983;
4)
execution has been levied against the self-insured employer and has
			 been returned unsatisfied in whole or in part;
and if so, the amounts
			 of compensation and medical expenses which remain unpaid from time to time to
			 persons who have filed unsatisfied judgments against the insolvent self-insured
			 employer. Upon the determination by the Commission of the extent of the
			 insolvent self-insured employer's outstanding liability, the Commission shall
			 issue an initial order of assessment within 30 days against each employer who
			 has been granted authority to self insure under Section 4(a) of the Workers'
			 Compensation Act which will be paid into the Self-Insured Employers Liability
			 Fund. The order shall provide for a sum sufficient to secure estimated payments
			 of compensation, medical expenses and administrative charges of the fund for a
			 period of one year following the date of the order; and
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.85 - Administration of Claims Against the Injured Workers' Benefit Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) Reimbursement
1)
The Commission shall have the
			 right to obtain reimbursement for any compensation obligations paid by the
			 Injured Workers' Benefit Fund (IWBF) from
any individual
			 employer/owner, corporate officer, director of a corporate employer, partner of
			 an employer partnership, or member of an employer limited liability company.
			 (Section 4(d) of the Act)
2)
If an injured employee or his or her personal representative receives
			 payment from the IWBF, the State of Illinois has the same rights under Section
			 5(b) of the Act/WODA that the employer who failed to pay the benefits due to
			 the injured employee would have had if the employer had paid those benefits.
			 Any moneys recovered by the State as a result of the State's exercise of its
			 rights under those statutes shall be deposited into the IWBF for the payment of
			 claims.
(Section 4(d) of the Act)
Illinois Administrative Code › Title 50 - INSURANCE › Part 9100 - INSURANCE REGULATIONS › Section 9100.90 - Insurance Coverage: Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Employers to Insure Payment of
			 Compensation
Any employer that is subject to Section 3 of the Act or elects
				to provide and pay the compensation provided for in the Workers' Compensation
				Act (the Act) or the Workers' Occupational Diseases Act (WODA) shall insure
				payment of that compensation as required by Section 4(a) of the Act/WODA by
				obtaining approval from the Commission to operate as a self-insurer or by
				insuring its entire liability to pay the compensation using an insurance
				carrier authorized, licensed or permitted to do such insurance business in
				Illinois.
b) Failure to
			 Insure Payment of Compensation Liability; Penalty
Penalties may be assessed by the Commission after reasonable
				notice and hearing in accordance with Section 4 of the Act and Section 4 of
				WODA.
c) Hearings
1) Notice of Hearing; Locations
A) A matter under this subsection (c) is
			 commenced by the Department of Insurance by service of a Notice of Hearing upon
			 the employer at least 30 days prior to the time fixed for hearing.
B) Service will be accomplished in accordance
			 with the following:
i) by personal service as
			 set forth in the Illinois Code of Civil Procedure [735 ILCS 5/Art.
			 II ];
ii)
			 by any method of United States registered or certified mail addressed to the
			 employer at the last known address or to the employer's representative;
			 or
iii) if service using the
			 methods in subsections (c)(1)(B)(i) and (ii) is unsuccessful, as otherwise
			 ordered by the Commission.
C) The Notice of Hearing shall be a written
			 statement setting forth, but not limited to, the following information:
i) the name and address of the
			 employer;
ii) the time, date, and
			 place of hearing;
iii) the name of
			 the Commissioner;
iv) a statement
			 of the section of the statute alleged to be violated, periods of
			 non-compliance, and the penalty that may be imposed; and
v) a statement that failure to appear at the
			 hearing, if no continuance has been obtained prior to the hearing, shall
			 constitute a default and shall result in a finding that there has been a
			 knowing and willful failure of the employer to insure the employer's liability
			 to pay compensation in accordance with Section 4(a) of the Act or to comply
			 with an Order of the Commission under Section 4(c) and an assessment of
			 penalties under Section 4(d).
D) The hearing shall be set at a site
			 designated by the assigned Commissioner.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Workers' Compensation Act [ 820 ILCS
				305 ].
"Arbitrator" is an employee appointed pursuant to Section 14 of
				the Act.
"Commission" means the Illinois Workers' Compensation
				Commission.
"Commissioner" means one of the 10 persons appointed by the
				Governor pursuant to Section 13 of the Act.
"Handbook" means the handbook describing the rights and
				obligations of employers and employees under the Act that is published by the
				Commission pursuant to Section 15a of the Act.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.10 - Vocational Rehabilitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 employer's vocational rehabilitation counselor, in consultation with the
			 injured employee and, if represented, with his or her representative, shall
			 prepare a written assessment of the course of medical care and, if appropriate,
			 vocational rehabilitation required to return the injured worker to employment.
			 The vocational rehabilitation assessment is required when it can be reasonably
			 determined that the injured worker will, as a result of the injury, be unable
			 to resume the regular duties in which he or she was engaged at the time of
			 injury. When the period of total incapacity for work exceeds 365 days, the
			 written assessment required by this subsection shall likewise be
			 prepared.
b) The assessment shall
			 address the necessity for a plan or program that may include medical and
			 vocational evaluation, modified or limited duty, and/or retraining, as
			 necessary.
c) At least every 4
			 months thereafter, or until the matter is terminated by Order or Award of the
			 Commission or by written agreement of the parties approved by the Commission,
			 the employer, or his or her representative, in consultation with the employee
			 and, if represented, with his or her representative, shall:
1) if the most recent previous assessment
			 concluded that no plan or program was then necessary, prepare a written review
			 of the continued appropriateness of that conclusion; or
2) if a plan or program had been developed,
			 prepare a written review of the continued appropriateness of that plan or
			 program, and make in writing any necessary modifications.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.30 - Commission Meetings: Minutes

Current through Register Vol. 48, No. 28, July 12, 2024
The Commission shall keep a record of the minutes of all its
				duly convened meetings, exclusive of deliberations on cases pending before the
				Commission. The minutes shall be open to the public for
				inspection.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.40 - Petition to Suspend Compensation for Failure to Submit to Proper Medical Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
Petitions to suspend compensation, as provided in Section 19(d)
				of the Act, shall be docketed and set for hearing in the same manner as
				Petitions filed pursuant to Section 19(b), as set forth in 50 Ill. Adm. Code
				9020.80. All Petitions shall give the nature of the injury and the treatment
				required. Reasonable notice of the time and place of hearing shall be served
				upon the injured party, if unrepresented, either personally or by registered
				mail.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.50 - Petitions under Section 19(o) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) A petition filed under Section 19(o) of
			 the Act alleging that the insurer made payments in a case that was not
			 compensable shall provide the following information:
1) name and address of the
			 employer;
2) name and address of
			 the employee;
3) name and address
			 of the insurance carrier;
4) date
			 of the alleged accident giving rise to the petition;
5) benefits paid by the insurance carrier and
			 the dates of the payment;
6)
			 whether Application for Adjustment of Claim was filed with the Commission and
			 the Commission number assigned to the application;
7) a brief statement of the basis for the
			 insured's claim that the case was not compensable.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.70 - Explanation of Basis of Non-Payment, Termination or Suspension of Temporary Total Compensation or Denial of Liability or Further Responsibility for Medical Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an
			 employee becomes unable to work due to an accidental or occupational disease
			 arising out of or in the course of his or her employment, or alleges that he or
			 she is unable to work, the employer, individually or by his or her agent,
			 service company or insurance carrier, shall, within 14 calendar days after
			 notification or knowledge of such inability or alleged inability to work:
1) begin payment of temporary total
			 compensation, if any is then due; or
2) if the employer denies liability for
			 payment of temporary total compensation for whatever reason, provide the
			 employee with a written explanation of the basis for the denial; or
3) if the employer has insufficient
			 information to determine its liability for payment of temporary total
			 compensation, advise the employee in writing of the information needed to make
			 that determination and provide in a written explanation why the requested
			 information is necessary.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.80 - Rate Adjustment Fund and Second Injury Fund Contributions: Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Employers Required to Make Payments to Rate Adjustment Fund and Second Injury
			 Fund
Any employer who shall come within the provisions of Section 3
				of the Act or any employer who shall elect to provide and pay the compensation
				provided for in the Act and the Workers' Occupational Diseases Act
				[820 ILCS
				310 ] shall pay into the Rate Adjustment Fund and the
				Second Injury Fund in accordance with the provisions of Section 7(f) of the
				Act.
b) Penalties
1)
If the Commission finds, after
			 reasonable notice and hearing
in accordance with subsection (e),
that an employer or insurance carrier on behalf of the employer has
			 willfully and knowingly failed to pay any obligations accruing after December
			 18, 1989 into the Rate Adjustment Fund or the Second Injury Fund as required by
			 Section 7(f) of the Act or if such payments are not made within the time
			 periods prescribed by Section 7(f) of the Act, the employer shall, in addition
			 to such payments, pay a penalty of 20% of the amount required to be paid or
			 $2,500, whichever is greater, for each year or part thereof of such failure to
			 pay.
(Section 7(f) of the Act)
2) Obligations Accruing Prior to December 18,
			 1989
A)
Any obligations of an employer
			 or insurance carrier to the Rate Adjustment Fund or the Second Injury Fund
			 accruing prior to December 18, 1989 shall be paid in full by such employer
			 within 5 years of December 18, 1989, with at least one-fifth of such obligation
			 to be paid during each year following December 18, 1989.
(Section 7(f)
			 of the Act)
i) Such obligations shall be paid
			 pursuant to an agreement signed by the employer or by the insurance carrier on
			 behalf of the insured employer.
ii)
			 The agreement shall include the amount of the obligation and the date each
			 payment is due.
B)
If the Commission finds, after reasonable notice and hearing
in accordance with subsection (e),
that an employer or insurance
			 carrier has failed to make timely payments of any obligation accruing
under subsection (b)(2)(A),
the employer shall, in addition to all
			 other payments required, be liable for a penalty equal to 20% of the overdue
			 obligation or $2,500, whichever is greater, for each year or part thereof, that
			 the obligation is overdue.
(Section 7(f) of the Act)
3)
The Commission may for
			 good cause shown waive all or part of any penalty assessed.
The
			 decisions of the Commission under Section 7(f) of the Act shall serve as
			 precedents in determining good cause.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9110 - MISCELLANEOUS › Section 9110.100 - Explanations of Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) In Section
			 8.2(d) of the Act, the term "explanation of benefits explaining the basis for
			 the denial and describing any additional necessary data elements" means an
			 Electronic Remittance Advice (ERA) or Standard Paper Remittance (SPR) that
			 contains all the relevant data elements denoting the reason for payment,
			 adjustment or denial, including the following:
1) The appropriate Group Claim Adjustment
			 Reason Codes, Claim Adjustment Reason Codes (CARC), and associated Remittance
			 Advice Remark Codes (RARC), as specified in the following Accredited Standards
			 Committee X12 (ASC X12) Standards, available for a fee from Accredited
			 Standards Committee X12 at 8300 Greensboro Drive, Suite 800, McLean VA 22102
			 (703/970-4480; Fax 703/970-4488), store.x12.org:
A) ASC X12 Standards for Electronic Data
			 Interchange Technical Report Type 3, Health Care Claim Payment/Advice (835)
			 (ASC X12N/005010X221) (April 2006);
B) Type 3 Errata to Health Care Claim
			 Payment/Advice (835) (ASC X12/005010X221A1) (June 2010); and
C) Code Value Usage in Health Care Claim
			 Payments and Subsequent Claims, ASC X12N Technical Report Type 2 (TR2) (January
			 2015); and
Illinois Administrative Code › Title 50 - INSURANCE › Part 9120 - ANTI-CORRUPTION RULE › Section 9120.10 - Prohibition of Payment or Thing of Value to Commission Personnel

Current through Register Vol. 48, No. 28, July 12, 2024
It shall be a violation of the rules of the Workers'
				Compensation Commission for any party to a proceeding, a representative of any
				party to a proceeding, or any other person, firm or corporation having an
				interest in or connection with a pending proceeding or pay, lend or deliver or
				cause to be paid, lent or delivered to any member or employee of the Workers'
				Compensation Commission any money or other thing of value.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9120 - ANTI-CORRUPTION RULE › Section 9120.20 - Prohibition of Request by Commission Personnel for Payment or Thing of Value

Current through Register Vol. 48, No. 28, July 12, 2024
It shall be a violation of the rules of the Workers'
				Compensation Commission for any member or employee of the Commission to
				request, demand, receive, accept, or agree to receive or accept any payment,
				loan, or delivery of any money or any thing of value from any party to a
				proceeding, a representative of any party to a proceeding, or any other person,
				firm, or corporation having any interest in or connection with a pending
				proceeding.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9120 - ANTI-CORRUPTION RULE › Section 9120.30 - Discipline for Violation

Current through Register Vol. 48, No. 28, July 12, 2024
Any person, firm or corporation found to have violated the
				provisions of Section 9120.10 above shall be subject to suspension or
				revocation of their right to appear before the Workers' Compensation Commission
				or participate in any way in connection with any matters which may properly
				come before the Commission. Any employee of the Workers' Compensation
				Commission shall be subject to discipline, including discharge, for violations
				of Section 9120.20 above.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9120 - ANTI-CORRUPTION RULE › Section 9120.40 - Statutory Fees Not Applicable

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part shall not be applicable in respect
				to any money payable to an employee of the Workers' Compensation Commission as
				a fee as prescribed by statute or by formal order of the Workers' Compensation
				Commission.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9130 - HEARING LOSS GUIDELINES › Section 9130.10 - Causal Connection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Workers' Compensation Commission shall use the following rebuttable
			 presumptions to determine whether exposure between July 1, 1975 and September
			 15, 1980, to industrial noise caused a hearing loss:
1) Exposure to noise with the intensity of 90
			 decibels or more for 8 hours or its time weighted equivalent causes hearing
			 loss, and
2) Exposure to noise with
			 the intensity of less than 90 decibels or less for eight hours or its time
			 weighted equivalent does not cause hearing loss.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9130 - HEARING LOSS GUIDELINES › Section 9130.20 - Nature and Extent of Disability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Workers' Compensation Commission shall
			 use the following rebuttable presumptions to determine percentage loss of
			 hearing in cases where the hearing loss was caused by exposure between July 1,
			 1975, and September 15, 1980:
b)
			 The percentage loss of hearing shall be calculated using the average, in
			 decibels, of the thresholds of hearing for the frequencies of one thousand, two
			 thousand and three thousand cycles per second. If such losses of hearing
			 average thirty decibels American National Standards Institute (ANSI) or less in
			 the three frequencies, such losses of hearing shall not constitute any hearing
			 disability. If the losses of hearing average eighty-five decibels (ANSI) or
			 more in the three frequencies, such losses of hearing shall constitute total
			 loss of hearing. Every average decibel loss exceeding thirty decibels (ANSI)
			 shall constitute 1.82 percent of loss of hearing.
c) Pure tone conduction audiometric
			 instruments shall be used for measuring hearing loss pursuant to this
			 guideline. Audiometric tests must not be conducted before a Petitioner has been
			 separated from noise exposure for 16 hours or more.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9130 - HEARING LOSS GUIDELINES › Section 9130.30 - Prior Hearing Loss

Current through Register Vol. 48, No. 28, July 12, 2024
An employer shall be liable for the entire occupational
				deafness to which his employment contributed unless the employer can establish
				the extent of Petitioner's hearing loss prior to July 1, 1975. If the employer
				can establish prior hearing loss, the employer shall only be liable for the
				hearing loss caused by exposure to employer's noise after July 1,
				1975.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.10 - Chain of Custody Form

Current through Register Vol. 48, No. 28, July 12, 2024
All blood and urine specimens collected for testing shall be
				accompanied by a Chain of Custody Form, to be completed by the collector of a
				blood or urine specimen, the laboratory testing the blood or urine specimen or
				split specimen, and the MRO when applicable. A Chain of Custody Form shall
				include all of the following information:
a) A section to be completed by the collector
			 of the specimen, which includes all of the following information:
1) The collector's name, address and phone
			 number;
2) The employee's
			 name;
3) The name of the
			 employer;
4) The name of the
			 facility where the specimen was collected and its address and telephone
			 number;
5) The date and time that
			 the specimen was collected;
6) The
			 date that the specimen was sent to a laboratory for testing;
7) The name and address of the laboratory
			 where the specimen will be sent for testing;
8) For the collection of urine specimens, a
			 section that indicates the temperature of urine specimens taken within 4
			 minutes after collection and any indication of the urine specimens unusual
			 color, presence of foreign objects or material, or other signs of
			 tampering;
9) A statement for the
			 collector to sign incorporating the following language: I certify that the
			 specimen identified on this form is the specimen presented to me or collected
			 by me and that it has been collected, labeled and sealed; and
10) A place for remarks made by the collector
			 of the specimen.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.20 - Collection of Blood

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall be used to obtain a blood sample
				from an employee to determine alcohol concentration and the presence of drugs
				or intoxicating compounds:
a)
			 Collector of a Blood Specimen. All blood specimens shall be collected by a
			 licensed physician, advanced practice nurse, registered nurse, licensed
			 practical nurse, phlebotomist, or certified paramedic.
b) Collection Procedures. A blood specimen
			 shall be collected using the following procedure:
1) The testing process shall start without
			 undue delay. If the employee needs medical attention, this treatment shall not
			 be delayed to collect a specimen.
2) The collector shall explain the basic
			 collection procedure to the employee.
3) The blood specimen shall be collected
			 using aseptic venipuncture technique.
4) The venipuncture site shall be cleansed
			 with an antiseptic substance that does not contain ethanol prior to
			 collection.
5) A sufficient amount
			 of blood shall be collected to permit split testing.
6) Blood specimens shall be collected in a
			 container or tube containing an anticoagulant and a preservative of sodium
			 fluoride.
7) Immediately after
			 collection, the collector shall rock the container or tube gently to mix the
			 anticoagulant and preservative substance with the blood.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.30 - Collection of Urine

Current through Register Vol. 48, No. 28, July 12, 2024
The following procedures shall be used to obtain a urine sample
				from a subject to determine alcohol concentration and the presence of drugs or
				intoxicating compounds:
a) Urine
			 Collector
1) Urine specimens shall be
			 collected by any of the following: a collector meeting the training
			 requirements of
			 49 CFR
			 40.33(2012), licensed
			 physician, advanced practice nurse, registered nurse or licensed practical
			 nurse.
2) The following persons
			 shall not serve as a collector:
A) the
			 immediate supervisor of the employee being tested, unless no other collector is
			 available;
B) or a person employed
			 by a laboratory who could link the employee with a urine specimen, testing
			 result or laboratory report.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.40 - Review of Test Results of Blood and Urine Specimens

Current through Register Vol. 48, No. 28, July 12, 2024
a) Verification of Test Results by the MRO.
			 Prior to the transmission of test results to the DER, all results shall be
			 reviewed and verified by an MRO.
b)
			 Qualifications of the MRO. The MRO must meet the qualifications set forth in
			 49 CFR
			 40.121(2012). The MRO shall
			 not be employed by the laboratory performing testing pursuant to this Part. An
			 employer or DER shall not serve as the MRO for his or her own
			 employees.
c) Positive, Adulterated
			 or Substituted Results
1) If an MRO receives a
			 positive, adulterated or substituted result from a laboratory, the MRO shall
			 contact the employee within 72 hours after receipt of the test result from the
			 laboratory. The MRO shall allow the employee to provide any information the
			 employee considers relevant to the positive, substituted or adulterated test
			 result, including identification of currently or recently used prescription or
			 nonprescription drugs and other relevant medical information. The MRO shall
			 also inform the employee of his or her right to request testing of a split
			 specimen pursuant to Section
			 9140.50.
2) If the MRO is unable to contact the
			 employee with a positive, adulterated or substituted test result within 72
			 hours after receipt of the test results from the laboratory, the MRO shall
			 contact the DER and request that the DER direct the employee to contact the MRO
			 as soon as possible.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.50 - Split Testing of Urine and Blood Specimens

Current through Register Vol. 48, No. 28, July 12, 2024
a) Request to Test a Split Specimen
1) When the MRO notifies the employee that
			 the employee has a positive, substituted or adulterated result, the employee
			 may request a test of the split specimen within 72 hours from the time of
			 notification by the MRO. The request by the employee may be verbal or in
			 writing.
2) If the employee has not
			 requested a test of the split specimen within 72 hours, the employee may
			 present to the MRO information documenting that serious injury, illness, lack
			 of actual notice of the verified test result, inability to contact the MRO, or
			 other circumstances unavoidably prevented the employee from making a timely
			 request.
3) If the MRO concludes
			 from the employee's information that there was a legitimate reason for the
			 employee's failure to contact the MRO within 72 hours, the MRO must direct that
			 the test of the split specimen take place.
4) When an MRO has been requested by the
			 employee or directed by the MRO, the MRO shall immediately provide written
			 notice to the laboratory that tested the primary specimen, directing the
			 laboratory to forward the split specimen to a second laboratory. The laboratory
			 shall forward a copy of the Chain of Custody Form to the second
			 laboratory.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.70 - Preservation of Specimens and Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Laboratories testing a primary specimen of
			 blood or urine that was reported with a verified positive, adulterated or
			 substituted result must retain the primary specimen for a minimum of three
			 years. The specimen shall be kept in secure, long-term, frozen storage in
			 accordance with requirements set forth by HHS.
b) Within the three-year period, the MRO, the
			 employee, or the DER may request in writing that the laboratory retain a
			 specimen for an additional period of time, not to exceed one additional
			 year.
c) If a laboratory has not
			 sent the split specimen to another laboratory for testing, the laboratory must
			 retain the split specimen for the same period of time as the primary specimen
			 and under the same storage conditions.
d) Laboratories testing the split specimen
			 must preserve the split specimen in accordance with subsections (a) and
			 (b).
e) Laboratories must retain
			 all records pertaining to the testing of each employee specimen for a minimum
			 of two years. Within this two-year period, the MRO, the employee or the DER may
			 request in writing that the laboratory retain the records for an additional
			 period of time, not to exceed two additional years.
f) The employer shall maintain all collection
			 forms for breath and saliva testing for a minimum of three years. Within this
			 three-year period, the employee may request in writing that the employer retain
			 the records for an additional period of time, not to exceed one additional
			 year.
g) Laboratories testing a
			 specimen of blood or urine that was reported with a verified negative result
			 shall discard both the primary and the split specimen as soon as
			 possible.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.80 - Materials Incorporated by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Copies of the incorporated material are available from the
				Illinois Workers' Compensation Commission, 100 West Randolph, Suite 8-200,
				Chicago, Illinois 60601 or on the Commission's Internet website,
http://www.iwcc.il.gov/
.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9500 - COMMISSION REVIEW BOARD PROCEDURES › Section 9500.10 - Function

Current through Register Vol. 48, No. 28, July 12, 2024
a) Authority of the
			 Commission Review Board (Board) shall consist of the following:
1) to receive complaints concerning conduct
			 that occurred after June 30, 1984 by a Workers' Compensation Commission (WCC)
			 Commissioner or WCCArbitrator (respondent) when:
A) allegations of misconduct committed as
			 part of the respondent's duties have been made that would factually support an
			 indictment under the criminal law of Illinois;
B) allegations that the respondent's conduct
			 demonstrates favoritism toward one party in the conduct of the
			 proceeding;
C) allegations that the
			 respondent did not follow the procedures and rules of WCC Commission or the
			 provisions of the Workers' Compensation Act [ 820 ILCS 305 ] (Act);
			 or
D) allegations that a respondent
			 had a conflict of interest and did not recuse himself or herself from that
			 matter.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9500 - COMMISSION REVIEW BOARD PROCEDURES › Section 9500.20 - Chairman of the Commission Review Board

Current through Register Vol. 48, No. 28, July 12, 2024
The Chairman of WCC shall serve as Chairman of the Commission
				Review Board; receive, compile, audit and retain complaints filed against
				Commissioners and Arbitrators; and will perform such duties as a may be
				designated by a majority of the members from time to time.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9500 - COMMISSION REVIEW BOARD PROCEDURES › Section 9500.40 - Hearings on Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Time and
			 Notice of the Hearing
1) If the Board
			 determines that a hearing on a complaint shall be held, it shall set a hearing
			 date that is within 60 days from the date of that determination, or as soon as
			 possible thereafter.
2) Written
			 notice of the date, time and place of the hearing shall be served on the
			 complainant and on the respondent, or on their designated counsel, if any, by
			 personal service or by certified mail with return receipt requested, not less
			 than 15 days prior to the date set for hearing.
3) Hearings before the Board shall be
			 continued only upon written motion supported by good cause. Good cause
			 includes, but shall not be limited to, illness of family, death in a party's
			 family, or the need for additional time to gather evidence.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9500 - COMMISSION REVIEW BOARD PROCEDURES › Section 9500.50 - Decisions of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Subsequent to the hearing on any complaint, the Board will confer to determine
			 the disposition of the matter. The Board will find an Arbitrator or
			 Commissioner unfit to serve when an allegation that is a matter of serious
			 concern to the State is sustained by the preponderance of the evidence. In
			 conformance with Section
			 14.1 of the Act, in
			 matters of serious concern to the State as defined by Section 9500.10(a)(3)(B),
			 the Board may recommend that the Governor:
1)
			 not reappoint an Arbitrator who is found unfit to serve; or
2) not reappoint a Commissioner who it finds
			 unfit to serve.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.10 - Source of Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 State Mandates Board of Appeals ("Board") is authorized and empowered by the
			 State Mandates Act (Ill. Rev. Stat. 1983, ch. 85, pars. 2201 et seq.) as
			 amended ("the Act").
b) These rules
			 are promulgated pursuant to Section 9 of the Act, in the manner required by the
			 Illinois Administrative Procedure Act, (Ill. Rev. Stat. 1981, ch. 127, pars.
			 1001 et seq.).
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Petitioner"
			 shall mean the local government initiating an appeal to the Board of a
			 determination of a State agency.
b)
			 "State agency" means the Department of Commerce and Community Affairs; the
			 State Superintendent of Education; or the Illinois Community College
			 Board.
c) "Respondent" shall mean
			 the State agency whose determination is being appealed to the Board.
d) All other words used in these Rules shall
			 have the meanings given to them in the State Mandates Act.
Illinois Administrative Code › Title 53 - INTERGOVERNMENTAL RELATIONS › Part 100 - PROCEDURES › Section 100.40 - Parties to an Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to an appeal shall be:
a) The local government initiating appeal
			 (Petitioner);
b) The State agency
			 whose determination is being appealed (Respondent);
c) Any other person permitted by the Board to
			 intervene (Intervenor).