reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 50 - INSURANCE › Part 9015 - ELECTRONIC FILING › Section 9015.20 - Format

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents must
			 be submitted in the format prescribed by the Commission or in PDF format. All
			 electronically filed documents shall include the case caption and nature of
			 filing. Each document shall include the typed name, e-mail address, and
			 telephone number of the attorney filing the document.
b) All electronically filed documents shall,
			 to the extent possible, be formatted in accordance with this Part.
c) Electronic documents containing links to
			 material either within the filed document or external to the document are for
			 convenience purposes only. The external material behind the link is not
			 considered part of the filing or basic record.
d) Bulk filing of multiple cases or multiple
			 documents combined into one PDF document will not be accepted. Documents with
			 different workers' compensation numbers must be filed individually.
e) Documents not complying with UETA or this
			 Part will be rejected.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9015 - ELECTRONIC FILING › Section 9015.30 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The e-filing
			 provider is an agent of the Commission for purpose of e-filing and receipt of
			 electronic documents. Upon submission of the e-filed document, the e-filing
			 provider will e-mail the registered user a transaction confirmation that
			 includes the transaction number, a list of the documents submitted, and the
			 date and time of submittal. The transaction number shall serve as proof of
			 submittal.
b) Filings may include
			 pleadings, petitions, motions, proofs of service, exhibits or any other
			 Commission authorized document. Communication between attorneys or attorneys
			 and their clients shall not be filed electronically, unless part of a pleading,
			 petition, motion or a Commission authorized document.
c) A person who files a document
			 electronically shall have the same responsibility as a person filing a document
			 in the conventional manner for ensuring that the document is complete, readable
			 and properly filed.
d) A document
			 shall be considered timely filed if e-filed at any time before midnight on or
			 before the date on which the document is due. If the date required for filing
			 falls on a Saturday, Sunday or holiday, the time for filing shall be the next
			 date that is not a Saturday, Sunday or holiday. A document submitted at or
			 after midnight or on a day that is not a Commission business day (see 50 Ill.
			 Adm. Code 9020.10(c) ) shall be considered filed the next Commission business
			 day.
e) The transmission date and
			 time of transfer shall govern the electronic file mark. Each document reviewed
			 and accepted for filing by the Commission will receive an electronic file
			 stamp.
f) If an e-filed document is
			 untimely filed due to a technical failure or a system outage, the registered
			 user may seek appropriate relief from the Commission.
g) Proposed Decisions are to be submitted via
			 e-mail directly to the Arbitrator in Microsoft Word format. For Proposed
			 Decisions, only the proof of service must be e-filed.
h) In any proceeding before the Commission,
			 nothing in the application of the rules of evidence shall be applied in a
			 manner that denies the admissibility of an electronic record or electronic
			 signature. Information in the electronic record will be given due evidentiary
			 weight by the Commission.
i) Any
			 electronic document or record submitted to the Commission will be deemed filed
			 if not rejected by the Commission. The transmission date and time shall govern
			 the electronic file mark.
j) An
			 e-filed document must not contain viruses or malware. The e-filing of a
			 document constitutes a certification by the registered user that the document
			 has been checked for viruses and malware.
k) All filed documents that are required to
			 be maintained and preserved must be kept for one year after the appellate
			 process period has been completed.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9015 - ELECTRONIC FILING › Section 9015.40 - Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a signature
			 is required, or when certain consequences are provided if a document is not
			 signed, an electronic signature will suffice.
b) Any document electronically filed with a
			 subscriber identifier is deemed to have been signed by the holder of the user
			 identification and password.
c) The
			 original signed document that has been electronically filed shall be maintained
			 and preserved by the party filing the document and presented to the Commission
			 upon its request.
d) Documents
			 containing signatures of third parties may be filed electronically and shall
			 bear a facsimile or typographical signature. If a document requires the
			 signature of one or more persons not a party to the case or not registered for
			 electronic filing, the subscriber must confirm all persons required to sign the
			 document approve it. Original signatures of all nonregistered persons must be
			 obtained before filing the document. The document must indicate the identity of
			 each nonregistered signatory. The subscriber must retain the original document
			 for one year after the date that the judgment has become final or the
			 expiration of the time for seeking review. The subscriber must make the
			 document available for inspection by the Commission upon request.
e) Documents filed electronically by a
			 Commissioner or an Arbitrator under his or her identifier shall be deemed
			 entered by that Commissioner or Arbitrator.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9015 - ELECTRONIC FILING › Section 9015.50 - Service and Proof of Service

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Electronic service is not capable of conferring jurisdiction. Documents
			 requiring personal service to confer jurisdiction may not be served
			 electronically.
b) All other
			 documents may be served upon the other party or the party's representative
			 electronically. The subscriber shall be responsible for completing electronic
			 service of the documents. By registering in the electronic filing system, the
			 subscribers consent to receipt of all other documents e-filed and e-served upon
			 them.
c) Subscribers consent to
			 receive all communication from the Commission, including but not limited to
			 notice of hearing, orders, decisions, or any general correspondence via
			 electronic filing. The Commission may also issue any Commission document via
			 e-mail.
d) E-service shall be
			 deemed complete as of the filed date and time listed by the e-file system. For
			 the purpose of computing time for any party to respond, any document served is
			 deemed to be served the next business day following the date of
			 transmission.
e) The e-filing
			 vendor is required to maintain an e-service list for each e-filed
			 case.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9015 - ELECTRONIC FILING › Section 9015.60 - Document Privacy and Errors in Electronic Filings

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the responsibility of the filing
			 party to insure that the documents filed electronically do not disclose private
			 or confidential information.
b) The
			 Commission shall not be liable for malfunction or errors occurring in
			 electronic transmission or receipt of electronically filed or served
			 documents.
c) If the electronic
			 filing is not filed with the Commission for any of the causes listed in this
			 subsection (c), the Commission may, upon satisfactory proof, enter an order
			 permitting the document to be subsequently filed effective the date the filing
			 was first attempted. The causes the Commission may consider in making this
			 decision are:
1) an error in the transmission
			 of the document to the vendor that was unknown to the sending party;
2) a failure to process the electronic filing
			 when received by the vendor;
3) a
			 rejection by the Commission;
4)
			 other technical problems experienced by the filer;
5) the party was erroneously excluded from
			 the service list.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.10 - Docketing and Numbering of Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 All cases brought before the Illinois Workers' Compensation Commission
			 (Commission) shall be docketed, time-stamped and given a letter, a number and
			 the year of filing. All subsequent pleadings or correspondence should refer to
			 this letter and number.
b) All
			 documents filed with the Commission, including, but not limited to,
			 Applications for Adjustment of Claim, Attorneys' Appearances, Motions and
			 Petitions for Review, shall be served on all parties and shall have a
			 certificate of service setting forth the time and manner of that service. A
			 copy of all written communication addressed to the Commission with respect to a
			 pending matter shall be sent to all parties at the time it is sent to the
			 Commission; all such correspondence shall list the parties to whom copies have
			 been sent. Any documents or written communication not submitted in compliance
			 with this subsection constitutes an exparte communication and therefore will be
			 disregarded.
c) Upon presentation
			 of paper documents at the Commission Office, the Commission will file and time
			 stamp all documents presented for filing Monday through Friday, 8:30 a.m. to
			 5:00 p.m., except legal holidays. Electronically filed documents shall be filed
			 in accordance with 50 Ill. Adm. Code 9015.30.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.20 - Application for Adjustment of Claim

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Applications for Adjustment of Claim (Application) with a certificate setting
			 forth the date of service shall be filed in triplicate on an appropriate form
			 provided by the Commission. The filing party shall serve one copy of the
			 Application that has been filed on all opposing parties.
b) An Application must be limited to one
			 accident or claim. After an Application has been filed with the Commission, any
			 other Applications for Adjustment of Claim covering that accident, but naming a
			 different employer, shall be assigned the same docket number as the original
			 Application.
c) Applications shall
			 be completed in full and must provide an accident or manifestation of injury
			 date, a description of how the accident occurred, the part of the body injured,
			 the geographical location of the accident for purposes of establishing venue,
			 and a description of how notice of the accident was given or acquired by the
			 employer.
d) Once an Application is
			 filed, the Commission will send the information on the Application, on a Notice
			 of Hearing, to the opposing party at the address supplied by the filing party.
			 If the Notice is returned to the Commission because the filing party has
			 supplied the wrong address for the opposing party, the Commission will so
			 inform the filing party. The filing party has the obligation of providing the
			 Commission with the proper address so Notice can be sent to the opposing
			 party.
e) Applications may be
			 amended prior to a hearing on the merits by filing an Amended Application for
			 Adjustment of Claim under the letter and number given the original Application.
			 The Amended Application must be clearly labeled "Amended" with all changes
			 clearly marked on all copies and must have attached to it all prior versions of
			 the Application for Adjustment of Claim. Also attached must be proof that the
			 filing party has served a copy of the Amended Application on the opposing party
			 in the manner set forth in Section 9020.70. It shall be within the discretion
			 of the Commission whether to allow any amendments to the Application after the
			 commencement of a hearing on the merits.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.30 - Memorandum of Names and Addresses for Service of Notice and Attorneys' Appearance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 party, upon instituting or responding to any proceedings before the Commission,
			 shall file and timely update with the Commission, his/her address or the names
			 and addresses of any agent upon whom notices shall be served, either personally
			 or by regular mail, addressed to the party or agent at the last address filed
			 with the Commission.
b) An
			 Appearance, on forms provided by the Commission, shall be filed by any attorney
			 or law firm representing any party in any proceedings before the Commission.
			 Appearances filed by the Petitioner's attorney shall be accompanied by an
			 Attorney Representation Agreement, on a form prescribed by the Commission,
			 completely filled out and signed by the Petitioner and the attorney. No
			 attorney or law firm will be recognized in any case before the Commission
			 unless the attorney or the attorney's firm has duly entered a written
			 Appearance. A subsequent attorney wishing to appear on an existing claim may
			 file a Motion for Substitution of Counsel or a Motion to Seek Leave to File an
			 Appearance, supported by a properly executed Attorney Representation Agreement
			 and with proper notice to all parties and attorneys of record. When an
			 Appearance has been duly filed by a law firm, any attorney member of that firm
			 may appear and be recognized by the Commission. No party or insurance carrier
			 may file an Appearance on behalf of an attorney or law firm.
c) Once an Appearance has been filed, Leave
			 to Withdraw can only be had upon written order of the Commission or a duly
			 designated Arbitrator of the Commission following appropriate notice to the
			 client and the opposing side. Substitution of Counsel may be had by filing with
			 the Commission and serving on the opposing party a notification of the
			 substitution, signed by the attorney of record, the substituted attorney and
			 the client.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.40 - Who May Appear-Unauthorized Practice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only attorneys licensed to practice in the
			 State of Illinois may appear on behalf of parties to litigation before the
			 Commission. This specifically includes presentation of Settlement Contracts and
			 Lump Sum Petitions. Attorneys licensed to practice in states other than
			 Illinois may appear with leave of the Commission.
b) For routine matters, such as agreed
			 continuances or other agreed ministerial acts, persons other than licensed
			 attorneys shall be permitted to appear on behalf of a party at the status
			 call.
c) Violations of this Section
			 may be referred to the Attorney Registration & Disciplinary Commission in
			 accordance with the Supreme Court rules.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.50 - Hearing: Place; Change of Venue

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Except to the extent modified by Section 9020.80 in reference to proceedings
			 under Section 19(b-1) of the Workers' Compensation Act [
			 820 ILCS
			 305/19 (b-1)] (Act), the provisions of subsection (b)
			 apply:
b) Upon receipt of an
			 Application for Adjustment of Claim, the Commission will fix a date and place
			 for initial status before an Arbitrator of the Commission in accordance with
			 the applicable Act. The place designated shall be a hearing site located in or
			 nearest geographically to the vicinity in which the alleged accident or
			 exposure occurred. However, the Commission may assign a different Arbitrator to
			 balance Arbitrator caseloads at each hearing site. When the accident occurs
			 outside the State of Illinois and the applicant resides in Illinois, the case
			 shall be set at the hearing site geographically nearest to where the applicant
			 resides. When the accident occurred outside of Illinois and the applicant
			 resides outside of Illinois, the case shall be set at a hearing site most
			 convenient to the parties.
c)
			 Designation of a hearing site other than as provided in this subsection may be
			 had upon showing to the Commission of extreme hardship worked upon a party or
			 parties by the designated site, or by agreement of the parties. Absent
			 agreement, any party seeking a change of venue may present a Motion for Change
			 of Venue, setting forth the basis for the change.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.60 - Continuances on Arbitration, Notices, Monthly Status Calls, Voluntary Dismissal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Continuances on
			 Arbitration; Notices
Written notices will be sent to the parties for the initial
				status call setting on Arbitration only. Thereafter, cases will be continued
				for 3 month intervals, or at other intervals upon notice by the Commission,
				until the case has been on file at the Commission for 3 years, has been set for
				trial pursuant to 50 Ill. Adm. Code 9030.20, or otherwise disposed of. The
				parties must obtain any continued status call dates from Commission
				records.
b) Monthly Status
			 Calls
1) Each Arbitrator, subject to his or
			 her availability, shall hold a monthly status call of cases that appear on the
			 Arbitrator's docket that month.
A) In Cook
			 County, each Arbitrator's monthly status call shall be held at 2:00 p.m. or at
			 a time, date and place designated by the Chairman.
B) In areas outside of Cook County, each
			 Arbitrator's monthly status call shall be held at 9:00 a.m. or at a time, date
			 and place designated by the Chairman.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.70 - Motion Practice, General

Current through Register Vol. 48, No. 28, July 12, 2024
a) Form of
			 Motions
All motions, except motions made during an Arbitration or
				Review hearing, motions for a continuance of cases in the regular review call,
				and petitions filed under Section 19(h) and/or Section 8(a) of the Act must be
				accompanied by a Commission form entitled Notice of Motion and Order and must
				be served on the Arbitrator or Commissioner and all other parties in accordance
				with subsection (b). All such motions must set forth the date on which the
				moving party will appear before the Arbitrator or Commissioner to present the
				motion and must include the type of motion and nature of the relief sought. A
				Notice of Motion and Order not accompanied by the motion may be
				stricken.
1) Motions on Arbitration
A) Motions requesting a trial date will be
			 heard during the status call in accordance with Section
			 9020.60(b)(2).
B) All other motions
			 will be heard in accordance with Section 9020.60(b)(2)(E). Each arbitrator will
			 hear all motions, other than motions requesting a date certain for trial, on
			 any case assigned to the Arbitrator, even if it does not appear on the status
			 call.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.80 - Petitions for Immediate Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Petition for Immediate Hearing Under Section 19(b)
1) In a Petition alleging that the Petitioner
			 is not receiving benefits under Section 8(a) or 8(b) of the Act to which the
			 Petitioner is entitled, the Petitioner may file a Petition for Immediate
			 Hearing, as provided for in Section 19(b) of the Act, on an appropriate form
			 provided by the Commission. The Petition shall set forth:
A) a description of the attempts by parties
			 or counsel to resolve the dispute requiring an immediate hearing, including the
			 name of the representative of the opposing party with whom the Petitioner or
			 the Petitioner's attorney has conferred, the date of the conference, and the
			 result of the conference; and
B) a
			 statement that a signed physician's report of recent date relating to the
			 employee's current inability to work, or a description of such other evidence
			 of temporary total disability as is appropriate under the circumstances, has
			 been delivered to the Respondent.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.90 - Petitions to Reinstate

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 cause has been dismissed from the Arbitration call for want of prosecution, the
			 parties shall have 60 days from receipt of the dismissal order to file a
			 Petition to Reinstate the cause onto the Arbitration call. Notices of dismissal
			 shall be sent to the parties.
b)
			 Petitions to Reinstate must be in writing. The Petition shall set forth the
			 reason the cause was dismissed and the grounds relied upon for reinstatement.
			 The Petition must also set forth the date on which the Petitioner will appear
			 before the Arbitrator to present the Petition. A copy of the Petition must be
			 served on the other side at the time of filing with the Commission in
			 accordance with the requirements of Section 9020.70. The Respondent may file a
			 response to the Petition.
c)
			 Petitions to Reinstate shall be docketed and heard by the same Arbitrator to
			 whom the case is assigned. Both parties must appear at the time and place set
			 for hearing. Parties will be permitted to present evidence in support of, or in
			 opposition to, the Petition. The Arbitrator shall apply standards of fairness
			 and equity in ruling on the Petition to Reinstate and shall consider the
			 grounds relied on by the Petitioner, the objections of the Respondent, and the
			 precedents set forth in Commission decisions. A record shall be made of a
			 hearing on any contested Petition.
d) A cause shall be reinstated upon
			 stipulation of the parties filed with the Commission, which will docket the
			 stipulation.
e) Nothing in this
			 Section abridges the rights found in the applicable Statute of Limitations of
			 the Illinois Workers' Compensation Act (Section 6(d) of the Act) or Section
			 6(c) of the Illinois Occupational Diseases Act.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9020 - PRE-ARBITRATION › Section 9020.100 - Medical Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Notice of Medical Examination
The petitioner need not present himself for any examination
				requested by the respondent unless the name and address of the examining
				physician and surgeon is furnished the petitioner in writing at the time the
				request for such examination is made.
b) Cost to Petitioner
The costs and expenses incurred by the petitioner as a result
				of submitting to an examination requested by the respondent shall be reimbursed
				him in the manner and amount provided in Section 12 of the applicable
				act.
c) Impartial Medical
			 Examination
1) The Commission may order an
			 impartial medical examination pursuant to Section 19(c) of the Act. The
			 Secretary of the Commission shall notify the Illinois State Medical Society in
			 writing that an impartial medical examination has been ordered by the
			 Commission and shall state the name and address of the person to be examined,
			 the nature of the disputed condition and the type of medical specialist
			 required. The Illinois State Medical Society shall select an impartial
			 physician and arrange the time and place of the examination and shall notify
			 the secretary of the Commission. The Secretary shall notify the parties and the
			 impartial examining physician of time and place of the examination.
2) The impartial examining physician shall
			 examine the Petitioner named in the order and shall transmit his signed report
			 to the Secretary and the attorneys for the parties within 20 days of the
			 examination. At the same time the physician shall return to the Secretary all
			 the records and the data listed in the order and a statement for
			 fees.
3) Either party may request
			 the testimony of the impartial examining doctor. The doctor shall be subject to
			 cross-examination by each party. If the testimony of the physician is
			 requested, the impartial medical physician shall not be subpoenaed. The parties
			 shall notify the Secretary of the request for testimony and the Secretary shall
			 notify the physician and all parties of when and where the physician is to
			 testify. The Commission may order the testimony of the physician by deposition
			 only.
4) Attorneys are to avoid
			 direct contact with the impartial examining physician.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.10 - Arbitration Assignments

Current through Register Vol. 48, No. 28, July 12, 2024
a) In cases
			 arising in Cook County, cases shall be assigned at the time of the First Notice
			 of Hearing to Arbitrators on a random basis.
b) In cases arising outside Cook County,
			 cases shall be assigned to an Arbitrator, on a random basis, at the time of the
			 First Notice of Hearing, depending on the place of the accident. Each
			 Arbitrator outside Cook County shall be given a zone.
c) All assignments on Arbitration are final,
			 except as otherwise provided in Section 14 of the Workers' Compensation Act [
			 820 ILCS 305 ] (Act), Section 9030.30 of this Part, and 50 Ill. Adm. Code
			 9070.40, or when consolidation with a previously filed case is
			 required.
d) In the event a
			 Petitioner has an Application for Adjustment of Claim pending and files one or
			 more Applications for Adjustment of Claim against the same Respondent, or
			 against different Respondents alleging accidental injuries to the same part of
			 the body, subsequent cases shall, on motion of any party, be assigned to the
			 Arbitrator of the case filed first. However, the Commission may make an
			 exception based on a showing of good cause by the objecting party.
e) When more than one Petitioner files a
			 claim against the same Respondent relating to the same accident, the cases may
			 be consolidated, upon the motion of any party. The Arbitrator assigned to the
			 case filed first shall determine whether consolidation would promote
			 consistency and efficiency of administration. Motions to consolidate must be
			 heard by the Arbitrator that is assigned to the earliest filed claim.
f) If a case is dismissed or otherwise closed
			 and the Petitioner files an Application for Adjustment of Claim relating to the
			 same accident, the case will be assigned to the Arbitrator assigned to the
			 first case filed involving that accident.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.20 - Setting a Case for Trial

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 written request for a date certain for trial may be made by any party at the
			 monthly status call on which the case appears. A request for a trial date in a
			 case that does not appear on the monthly status call may only be made in
			 accordance with 50 Ill. Adm. Code 9020.60(b)(2)(B).
b) If the parties, by agreement, request a
			 trial date, the Arbitrator shall assign a specific date and time for trial. A
			 pre-trial conference may be held by the Arbitrator. Either party may request a
			 pre-trial conference prior to the start of trial.
c) The motions for trial dates shall be filed
			 and heard pursuant to 50 Ill. Adm. Code 9020.70 and 9020.60.
1) The Arbitrator shall set the matter for
			 trial on a date certain if:
A) the Arbitrator
			 determines that proper and timely 15 days notice was given of the motion for
			 trial date to the opposing party;
B) the opposing party was provided with a
			 completed Request for Hearing;
C)
			 the case appears on the monthly status call on the date the motion is heard, or
			 if the case is not on the status call, the Arbitrator has determined that the
			 case falls within the exceptions in 50 Ill. Adm. Code 9020.60(b)(2)(B);
			 and
D) the Arbitrator determines
			 that the matter should proceed to trial.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.40 - Request for Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Before a case proceeds to trial on Arbitration, the parties (or
				their counsel) shall complete and sign a form provided by the Workers'
				Compensation Commission called Request for Hearing. However, in the event a
				party (or counsel) fails or refuses to complete and sign the document, the
				Arbitrator, in his or her discretion, may allow the case to be heard and may
				impose upon that party whatever sanctions permitted by law the circumstances
				may warrant. The completed Request for Hearing form, signed by the parties (or
				counsel), shall be filed with the Arbitrator as the stipulation of the parties
				and a settlement of the questions in dispute in the case.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.50 - Subpoena Practice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Issuance
A blank form of subpoena for the attendance of witnesses or the
				production of documents will be furnished by the Secretary of the Commission
				upon request of the parties or their attorneys.
b) Use
Unless otherwise agreed by the parties, witnesses or documents
				may only be subpoenaed to appear or be produced at the time and place set for
				hearing of the cause.
c)
			 Service
Service of the subpoena is required and payment of the
				statutory fee and travel expense (see Sections 16 and 20 of the Act and
				705 ILCS 35/4.3 )
				must accompany the service.
d) Failure to Honor Subpoena
1) Upon failure of any person, firm or
			 organization to obey a subpoena of the Commission, a party seeking enforcement
			 of the subpoena (or counsel) shall prepare an Application to the Circuit Court
			 of the county in which the hearing or claim is pending requesting enforcement
			 of the subpoena pursuant to Section 16 of the Act. The party seeking
			 enforcement shall present, file and serve on the opposing party the
			 Application, together with the original subpoena and proof of service to the
			 Arbitrator or Commissioner designated to hear the claim. If no Arbitrator or
			 Commissioner has been designated, the Application shall be presented to the
			 Chairman of the Commission.
2) A
			 hearing under 50 Ill. Adm. Code 9020.70 shall be held at which the Commissioner
			 or Arbitrator to whom the Application is presented shall determine if the
			 subpoena requested relevant information and was properly issued and served, and
			 if the Application is proper in form. If the Commissioner or Arbitrator so
			 finds, he or she shall sign the Application. The party seeking enforcement of
			 the subpoena (or counsel) may then file and prosecute the Application in the
			 Circuit Court.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.60 - Depositions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Evidence
			 depositions of any witness may be taken before a hearing, by stipulation of the
			 parties. If there is no agreement as to the deposition, the Arbitrator or
			 Commissioner shall hold a hearing and may issue an order, called a dedimus
			 potestatem, pursuant to Section 16 of the Act. In ruling on an Application for
			 Dedimus Potestatem, the Arbitrator or Commissioner shall give consideration to
			 the judgment of the applicant. Evidence depositions of any witness may be taken
			 after the hearing begins only by stipulation of the parties or upon Order of
			 the Arbitrator or Commissioner, for good cause shown. Except as provided in
			 subsection (f), an Application for Dedimus Potestatem shall be in writing and
			 shall contain the following:
1) The reasons
			 for the issuance of the dedimus potestatem, clearly and concisely
			 stated.
2) The date upon which the
			 dedimus should be issued and the name and address of the party to whom the
			 dedimus is to be directed.
3) The
			 names and addresses of the witnesses whose depositions are sought to be
			 taken.
4) A statement as to whether
			 the depositions are to be taken by oral or written interrogatories. The written
			 application shall be made either upon a printed form prescribed and furnished
			 by the Commission or in a similar document prepared by the party applying for
			 the dedimus.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.80 - Briefs, Arbitrators' Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the close of proofs, the Arbitrator may
			 require that each party tender a proposed decision or a brief within 14 days.
			 The proposed decision or brief must set forth all issues in dispute and the
			 party's position on each issue. The proposed decision or brief must be served
			 on the Arbitrator and all other parties and shall contain proof of service. The
			 proposed decision shall be written in the same manner and form as that which is
			 required under subsection (b). The proposed decision shall not be considered an
			 admission of a party and shall not be made part of the record.
b) After the closing of proofs, the
			 Arbitrator shall issue a written decision that shall include:
1) the Commission number of the case, the
			 names of the parties, and the name of the county in which the case was
			 heard;
2) the issues agreed to and
			 in dispute;
3) the Arbitrator's
			 findings of fact and conclusions of law, separately stated, upon each contested
			 issue, if requested by either party;
4) applicable orders resulting from the
			 findings of fact and conclusions of law;
5) a statement of the requirements for
			 perfecting a review pursuant to 50 Ill. Adm. Code 9040.10;
6) when applicable, a statement of the rate
			 of interest due under Section 19(n) of the Act.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9030 - ARBITRATION › Section 9030.100 - Voluntary Arbitration under Section 19(p) of the Workers' Compensation Act and Section 19(m) of the Workers' Occupational Diseases Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Selection of
			 Arbitrators to Hear Cases under Voluntary Arbitration
1) The Workers' Compensation Advisory Board
			 shall compile a list of not fewer than 7 certified Arbitrators, each of whom
			 shall be approved by a majority of the members of the Advisory Board, to
			 conduct hearings. The Advisory Board shall submit the list to the Chairman of
			 the Commission (the Chairman).
2)
			 Within 30 days after submission of the list by the Advisory Board, the Chairman
			 shall select 5 Arbitrators from the list to conduct hearings. The Chairman
			 shall publish the selections within 15 days.
3) If a vacancy occurs among the Arbitrators
			 selected by the Chairman to conduct hearings, the Chairman shall select an
			 Arbitrator from the list chosen by the Advisory Board to fill that vacancy.
			 Whenever the list contains fewer than 7 names of currently certified
			 Arbitrators, the Chairman shall request that the Advisory Board provide a list
			 of additional certified Arbitrators from which to make
			 selections.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9040 - REVIEW › Section 9040.10 - Perfecting a Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Time for
			 Filing
1) Petitions for Review of Decision of
			 the Arbitrator shall be filed in duplicate with the Illinois Workers'
			 Compensation Commission (Commission), unless filed electronically, within the
			 time provided by statute.
2) The
			 Petition for Review shall contain a statement of the reviewing party's specific
			 exceptions to the Decision of the Arbitrator.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9040 - REVIEW › Section 9040.20 - Assignment of Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
a) At the
			 conclusion of every work week, the transcript clerk shall deliver to the review
			 clerk a list of the arbitration transcripts completed during that week. The
			 transcript list shall be in numerical order according to the Commission docket
			 number of each case. No information other than the transcript name and number
			 shall appear on the list.
b) Upon
			 receipt of the list of completed arbitration transcripts, the review clerk will
			 cause those cases to be randomly assigned to a Commissioner by a computer
			 program.
c) Petitions filed
			 post-arbitration under Section 7(a), 8(a) and 19(h) of the Act shall be
			 assigned to the original hearing Commissioner or the Commissioner assigned to
			 the particular territory where the original hearing was held.
d) Assignments shall be final except upon
			 disqualification of a Commissioner as provided in 50 Ill. Adm. Code 9030.30 or
			 upon motion by any party for good cause shown.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9040 - REVIEW › Section 9040.40 - Conduct of Review Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) In all
			 cases on Review, no additional evidence shall be introduced by the parties
			 before the Commission unless relating to procedural issues relevant to the
			 Review process.
b) Special Findings
			 on Review
1) Either party may request in
			 writing that the Commission make up to 5 special findings upon any questions of
			 law or fact submitted to it concerning issues raised by the Review.
2) The interrogatories shall be filed at the
			 time of filing the parties' Statement of Exceptions.
3) A copy of the interrogatories must be
			 served on all parties with appropriate proof of service.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9040 - REVIEW › Section 9040.60 - Continuances for Oral Arguments and Extensions of Time for Filing Statements of Exceptions and Supporting Briefs and Abstracts

Current through Register Vol. 48, No. 28, July 12, 2024
Parties shall present their oral arguments at the time and date
				set by the Commission. Continuance of an oral argument or extension of time for
				filing Statements of Exception(s) and Supporting Briefs and Abstracts shall be
				granted by Order of the Commission only for good cause shown.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9040 - REVIEW › Section 9040.70 - Statements of Exceptions and Supporting Briefs and Abstracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the event
			 that more than one party files for Review, without regard to who filed first,
			 each party may file its own Statement of Exception(s), as well as a
			 Response.
b) Except in cases in
			 which Section 19(b-1) Petitions have been filed, each party filing a Petition
			 for Review of an Arbitrator's decision, or other proceedings in which the right
			 to oral arguments has been granted, or in which written statements of the
			 parties have been ordered by the Commission, shall file its Statement of
			 Exceptions and Supporting Brief setting forth:
1) the identity of the party
			 filing;
2) the names of the parties
			 and the Commission number assigned to the case or cases;
3) the name of the Commissioner to whom the
			 case has been assigned on Review;
4) the date, if any, scheduled for oral
			 argument;
5) the name of the
			 Arbitrator who rendered the decision or entered the order most recently prior
			 to the filing of the party's petition;
6) the Arbitrator's findings, to include,
			 whenever applicable:
A) date of accident
			 and/or (last) exposure found or alleged;
B) the number of weeks of temporary total
			 disability compensation awarded and the amount of compensation paid;
C) the dollar amount of medical expenses
			 awarded;
D) the nature of the
			 disability and/or disfigurement and the number of weeks, for disfigurement, or
			 the percentage of loss, for permanent partial disability or specific loss, if
			 any, awarded, or that an award of benefits by reason of death or permanent
			 total disability was granted;
E)
			 the dollar amount of any awards, or other findings, under Sections 4(i), 8(f),
			 16, 19(k) and 19(l), of the Act, if any;
7) appellant's Statement of Exceptions to the
			 Arbitrator's decision to include:
A) separate
			 headings identifying each issue asserted as an exception or addition;
B) statements of particular evidence in the
			 record pertaining to each issue, together with citation of any legal
			 authorities, including Commission decisions, that support the position of the
			 issue.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9040 - REVIEW › Section 9040.80 - Commission Decision on Review

Current through Register Vol. 48, No. 28, July 12, 2024
In all cases in which, at or before the closing of proofs on
				Review, a party has filed a written request for a full written decision
				pursuant to Section 19(e) of the Act, the Commission will issue a decision,
				which shall include:
a) the
			 Commission's number assigned to the case, the names of the parties, and the
			 name of the county in which the case was heard on Arbitration;
b) the Arbitrator's findings as relevant to
			 the issues on Review, including, if relevant:
1) the date or dates of the accident,
			 exposure or last exposure;
2) the
			 number of weeks for which temporary total disability compensation was awarded,
			 if any;
3) the dollar amount of
			 medical expenses awarded, if any;
4) the nature and number of weeks, in case of
			 disfigurement, or percentages, in case of partial losses of use, awarded with
			 respect to disfigurement and permanent partial disability; the nature and the
			 number of weeks awarded with respect to any specific losses under Section 8(e)
			 of the Act, if any; or the fact that benefits were awarded on account of death
			 or permanent total disability;
5)
			 findings under Section 4(i), 8(j), 16, 19(k) or 19(1) of the Act, if
			 applicable;
Illinois Administrative Code › Title 50 - INSURANCE › Part 9050 - ORAL ARGUMENTS › Section 9050.10 - Right to Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the request of any party that complies with 50 Ill. Adm.
				Code 9040.70, and no later than the conclusion of the review hearing, or upon
				order of the assigned Commissioner, a cause shall be set down for Oral Argument
				before not less than a majority of the members of the assigned Commission
				panel.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9050 - ORAL ARGUMENTS › Section 9050.20 - Time Allotted

Current through Register Vol. 48, No. 28, July 12, 2024
a) Oral
			 Argument on all cases in which nature and extent of injury is the sole issue
			 shall be limited to 5 minutes for each side.
b) Oral Argument shall be limited to 10
			 minutes for each side, inclusive of rebuttal time, on:
1) all other cases; and
2) those cases in which a total permanent
			 disability or death award has been entered, regardless of the number of issues
			 involved.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9050 - ORAL ARGUMENTS › Section 9050.30 - Section 19(h) Petitions

Current through Register Vol. 48, No. 28, July 12, 2024
Oral Argument may be had on hearings under Section 19(h) of the
				Workers' Compensation Act in the same manner as provided in Section
				9050.20.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9050 - ORAL ARGUMENTS › Section 9050.40 - Petitioner's Presence at Oral Argument

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Petitioner has a right to be present
			 at any Oral Argument.
b) The
			 Petitioner shall be present for examination at the time set for Oral Argument
			 if:
1) the Petitioner desires to be present
			 and requests examination by a Commissioner; or
2) a Commissioner of the assigned panel
			 requests the Petitioner to be present.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9060 - JUDICIAL REVIEW › Section 9060.10 - Certification of Record: Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Receipt of Notice of Intent to File for Review in the Circuit Court
Judicial review of Commission decisions is had by summons as
				provided in the Workers' Compensation Act [
				820 ILCS
				305/19 ]. No request for a summons may be filed and no
				summons shall issue unless the party seeking to review the decision of the
				Commission exhibits to the clerk of the Circuit Court proof of filing with the
				Commission of the notice of the intent to file for review in the Circuit Court
				or an affidavit of the attorney setting forth that notice of intent to file for
				review in the Circuit Court has been given in writing to the Secretary or
				Assistant Secretary of the Commission.
b) Amount of Bond
In its decision on review, pursuant to Section 19(f)(2) of the
				Act, the Commission, or any member thereof, shall fix the amount of bond, if
				any, required to be filed by the appealing party as a return to the summons.
				Bond shall be set at an amount equal to $100 over the total unpaid amount of
				the award rendered by the Commission on review subject to a maximum of
				$75,000.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9060 - JUDICIAL REVIEW › Section 9060.20 - Orders on Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 receipt of a final Order from the reviewing court or an Order from the
			 reviewing court that remands the matter back to the Commission, the moving
			 party shall file a copy of the Order with the Commission within 30 days after
			 receipt, with notice of filing to all parties.
b) Upon receipt of an Order from a reviewing
			 court, the Commission shall docket the Order and set the matter for hearing in
			 the same manner as Petitions for Review, except that, when practical, the cause
			 shall be returned to the original Commissioner.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9070 - SETTLEMENT CONTRACTS AND LUMP SUM PETITIONS › Section 9070.10 - Settlement Contracts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing
			 Requirements
1) Settlement Contracts shall be
			 filed in quadruplicate on a form provided by the Commission and docketed. One
			 copy shall be provided for each additional case number listed on the contract.
			 When an application is pending, the contracts must bear the docket number of
			 the application. When no application has been filed, the contracts shall be
			 given an original number and letter in the same manner as an application. In
			 cases involving payment into the Second Injury Fund, one additional copy shall
			 be filed for record purposes. In addition, a stamped envelope must be
			 submitted, addressed to each person who is to receive copies of the approved
			 contract by mail.
2) Settlement
			 Contracts shall be accompanied by an "Attorney Representation Agreement" if not
			 previously filed.
Illinois Administrative Code › Title 50 - INSURANCE › Part 9070 - SETTLEMENT CONTRACTS AND LUMP SUM PETITIONS › Section 9070.20 - Agreed Petitions for Lump Sum Settlement

Current through Register Vol. 48, No. 28, July 12, 2024
a) All of the requirements set forth in
			 Section 9070.10 shall have equal applicability to agreed Petitions for Lump Sum
			 Settlement.
b) In all cases, but
			 particularly those involving either minor Petitioners or minor beneficiaries,
			 the Commission reserves the right to elicit evidence concerning the use to
			 which the proceeds of the settlement are to be put pursuant to Section 9 of the
			 Act.
c) When commutation is
			 requested, the Commission reserves the sole right to compute the allowable
			 commutation and enter the net amount ordered paid by the Respondent.