Pat Quinn, Governor
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Pat Quinn, Governor |
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Also, WLS-TV's veteran political reporter Charles Thomas recently had a terrific piece about the latest Thanks in Advance video, "Kids Don't Have Lobbyists, Part 1." In his report, Thomas notes that the video depicts kids as "the ones with the most to lose" due to the pension squeeze, and that a little Girl Scout "puts it all in perspective." In less than a week, nearly 5,000 people have viewed the video. I encourage you to Watch Charles Thomas's report, and, if you haven't seen our video yet, please watch it now and share! You can help advertise "Kids Don't Have Lobbyists, Part 1" in a number of ways:
Thank you for your assistance in this very urgent matter. posted 12/21/12 Department of Insurance to enforce
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| Section 8.2(d)(2) | If the claim does not contain substantially all the required data elements necessary to adjudicate the bill, or the claim is denied for any other reason, in whole or in part, the employer or insurer shall provide written notification, explaining the basis for the denial and describing any additional necessary data elements, to the provider within 30 days of receipt of the bill. |
| Section 8.2(d)(3) | In the case of nonpayment to a provider within 30 days of receipt of the bill which contained substantially all of the required data elements necessary to adjudicate the bill or nonpayment to a provider of a portion of such a bill up to the lesser of the actual charge or the payment level set by the Commission in the fee schedule established in this Section, the bill, or portion of the bill, shall incur interest at a rate of 1% per month payable to the provider. Any required interest payment shall be made within 30 days after payment. |
We cannot offer any comment or interpretation of the DOI bulletin. The Department of Insurance is developing an expanded statement on the bulletin. We will post it once it is issued.
updated 1/10/13; posted 12/17/12
Effective immediately, people who wish to view a file folder for a case in which they are not a party or attorney of record (petitioner, petitioner’s attorney, respondent, or respondent’s attorney) must submit a Freedom of Information Act (FOIA) request. We will process your request as quickly as possible, but please understand FOIA gives agencies five business days to respond to a request.
Please email your request to Deputy General Counsel/FOIA Officer, Dennie Michelle Zankel (312/814-8770) and copy Nicholas Velazquez (312/814-6560). Alternately, you may mail requests to 100 W. Randolph Ste 8-200, Chicago, IL 60601. If you have any questions, please contact Ms. Zankel or Mr. Velazquez.
Parties and attorneys must provide proof of identity (ARDC card and/or valid State ID) before viewing files. Please allow 24 hours for us to process these requests.
The IWCC is dedicated to protecting the information of all claimants to ensure that information is not compromised under any circumstances.
Note: Before, individuals could go to the File Room window and request a file. Now, all file requests must be submitted in writing pursuant to the Freedom of Information Act. Information falling under FOIA exceptions will be redacted.
updated 11/26/12; posted
11/20/12
Effective immediately, in response to the Illinois Supreme Court Order M.R. 138, the Commission will no longer collect Social Security numbers. The Social Security field has been eliminated from the application and settlement contract forms. Do not enter the number on existing forms. Please update your electronic forms.
We will request the SSN in those limited circumstances where the information is necessary, and only then at such time as necessary, e.g., to process payment from the Rate Adjustment Fund or Injured Workers Benefit Fund.
We will remove the numbers from existing files upon request.
Because the Commission is no longer accepting Social Security numbers on the application and settlement forms, we have been working with our IT Department to find new ways to organize data on our case management system. Accordingly, we now require the date of birth field on the application and settlement to be completed. All applications that do not include a date of birth will be returned to the filing party. Please remember to include it. Thanks.
revised 1/22/13; posted 11/16/11
The Commission is pleased to offer free wireless Internet access at the Chicago office to the parties who do business with us. To register, you will need to read and agree to the terms of service. Send an email to the Information Department with the exact language,
“I have read and agree to the IWCC Wi-Fi terms of service, and agree to be bound to them.”
with your name, employer name, business mailing address, and your computer’s MAC (Media Access Control) address. If your organization will request access for a number of computers, please send all the MAC addresses in one email.
Only devices whose MAC addresses have been entered into our system will be able to access our network. To preserve bandwidth, users cannot videoconference using our wireless network, and smart phones will not have access. These measures will ensure that our limited connections will be available to the parties who do business with us.
Within five business days after we receive a proper request for registration, you will be able to access the wireless network using the password workcomp500. If you do not receive access, please contact the Information Department.
Please note that, once we authorize access, we do not have the resources to provide technical assistance to wireless users. If you experience a technical problem, please work with your own technical staff.
We hope this network will help parties conduct their business at the Commission with more ease.
posted 4/6/11
In the past, downstate settlement contracts have been reviewed by arbitrators before the case was assigned a case number. Our research indicates this happened over 3,500 times in Calendar Year 2010.
The Commission is extremely sensitive to the needs and desires of injured employees and businesses to get files approved and closed quickly; however, this system does not give us a way to determine if any of those contracts go astray and fail to get entered into the system.
Consequently, as of March 1, 2011, no settlement contracts will be approved until the case has been assigned a case number and setting. The case number and setting must be entered on the face on the contract.
Downstate parties will need to mail 3 copies of the proposed contract to the Chicago Docket Unit with a self-addressed, stamped envelope. The staff will enter the case number and setting, and return 1 copy to the sending party. Parties will need to make at least 3 more copies before presenting the contract to the arbitrator.
Inasmuch as this will increase the time it takes to get an approved contract, we respectfully ask respondent attorneys to note this change and make sure they obtain case numbers and settings so that they can pursue approval of the pro se matters at the next available settings. Equally, arbitrators will review properly presented contracts without unnecessary delay.
The cooperation of all parties is greatly appreciated as we work to find ways to improve the consistency and reliability of our record keeping, which is critical to maintaining the integrity of our system.
Note: Originally, the title of this article referred only to pro se contracts, but the policy actually applies to all downstate contracts. The vast majority of unnumbered downstate contracts are pro se but, strictly speaking, all contracts must now obtain a number before an arbitrator will review them. Thanks to the alert reader who corrected us.
revised 3/9/11; posted 2/1/11
Effective immediately, payments for transcripts and summons shall be paid only by check or money order. If, in an emergency, a party needs to pay cash, an accountant from our Fiscal Office will need to process the transaction.
posted 5/21/10
Please note that the fact that an expedited (19(b) or 19(b-1)) petition was filed does not necessarily mean an expedited decision should be issued. Administratively, an expedited decision form is one in which the arbitrator or commissioner
1) does
not address permanency;
2) rules only on TTD, TPD, maintenance, or medical benefits; and
3) orders that the case shall be returned to the call using the “not
a bar” language.
On an expedited decision form, in the Order section, the arbitrator or commissioner states,
"In no instance shall this award be a bar to subsequent hearing and determination of an additional amount of temporary total disability, medical benefits, or compensation for a permanent disability, if any."
This "not a bar" language remands the case back to the call for a hearing at which permanency can be addressed. Whenever permanency issues are addressed--whether benefits are awarded or the petitioner is found ineligible--an expedited decision form should not be used. Depending on the arbitrator or commissioner's preferences, parties may file a motion to come out of the 19(b) or 19(b-1) process, or they may state on the record that the arbitrator or commissioner may address permanency.
In any
case, to prevent administrative problems, please do not use an expedited
decision form and delete the "not a bar" language. Keep in mind
that, administratively, the distinguishing feature of an expedited decision
form is one in which the arbitrator or commissioner returns the case to
the call.
Thanks for your cooperation in these matters. It will help cases flow
more smoothly through the process.
posted 2/8/10
Because
it is important to all of us that the IWCC database is as accurate as
possible, we are asking for your help in removing settled cases from the
call. Simply informing the arbitrator a case is settled is not sufficient.
If your case was settled but still appears on the call after three months,
please email or mail a
copy of the contract to James Gentry, Central Files Supervisor, in our
Chicago office.
In those rare instances where you cannot locate the contract, please complete
the "Order Removing Settled Case from the Call" (IC34s)
form, and obtain the arbitrator's approval. You do not have to complete
this form if you provide a copy of the contract.
posted 12/19/08
This is a reminder that the following arbitration trial policies are in effect:
| 1. | Parties present and ready for trial shall be given priority over parties either not ready or those requesting pre-trials. |
| 2. | Parties will not be required by arbitrators to submit to pre-trials. |
| 3. | Parties who request a pre-trial will be given an opportunity for a pre-trial after trials have concluded. |
| 4. | All additional rules or requirements of arbitrators, as a condition to obtaining a trial, that are inconsistent with the mandate of Section 16 that procedures be simple and summary, shall be immediately discontinued. |
| 5. | All arbitrators will grant trials pursuant to Section 19(b) of the Act on any case where the petitioner is claiming past or current benefits remain unpaid, regardless of the petitioner's current work status. This includes past or future medical, TTD, and maintenance. For example, if a petitioner has returned to work but TTD or medical remains unpaid, he or she has a right to a trial pursuant to Section 19(b). |
| 6. | All arbitrators at all downstate venues will begin conducting trials on each and every trial date listed on their schedule if requested to do so by the parties. Furthermore, the parties will not be required to wait through each day of the call until they are reached and may return for trial on the date they have chosen. |
revised 2/14/12; posted 2005
We are always trying to improve our website. Here's a list of recent improvements.
| 1. | The Commission offers a group email news service that emails news as soon as it is posted to our website. Over 2,000 people have signed up. To enroll, type your email address in the field at the top of the news page. You should receive an email asking for confirmation; if you didn't, you may want to check your settings for your email. You may be rejecting our emails as spam. The emails will be sent from wcc-newsgroup@lists.illinois.gov . |
| 2. | The case information web page allows users to check the status of cases, obtain attorneys' contact information, status call dates, hearing locations, accident dates, parts of body injured, motions, connected cases, and terms of settlements/decisions. You can now search by employee or employer name! This page is receiving 300,000 hits each month. Please use this page instead of calling us for this information: the online information is more readily available to you, and our Information staff will then be free to give time to callers with substantive questions. Because we update our database at night, the case screen is available Monday through Saturday from 7:00 a.m. to 8:00 p.m. and on Sunday from 7:00 a.m. to 5:00 p.m. We have added the link on the upper right-hand side of our home page, or you can click here. |
| 3. | Users may search online for an employer's w.c. insurance carrier, thanks to information provided by the National Council on Compensation Insurance. This page is receiving 30,000 hits each month. There are links in the right- and left-hand columns on our home page, or you may click here. |
| 4. | Chicago trial dates are posted roughly one hour after a Chicago status call ends. The online list is the official list of Chicago trial dates that were assigned at the status call. The arbitrator no longer manually stamps documents at the call. If you wish to reschedule a trial, please contact the arbitrator to whom the case is assigned. Since this change took effect, Commission staff have been instructed to refer callers with questions about trial dates to the website. |
| 5. | You may now fill out and print the pdf forms using the Adobe Reader. You can save them if you buy Adobe Acrobat. |
Please let us know if you have any suggestions for the website. It exists to serve you, so tell us how it can be better.
revised 11/27/12; posted 2005
Which would you guess is higher: the rate of accidental injury at home or at work? Believe it or not, the National Safety Council says home is more dangerous. And while work-related injury rates are declining, off-the-job injuries have increased significantly.
Nine out of ten deaths and three out of four injuries to workers occurred off the job. Remember, safety awareness shouldn't stop when you leave work.
revised 4/15/13
The overall injury rate in Illinois in 2009 was 64% lower than in 1990. Experts believe that some of the decline is due to improved safety efforts. These programs are great investments, because everyone wins when accidents are prevented.
Frequency of Injury by Type per 100,000 Workers in Illinois |
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POLICY YEAR |
MEDICAL ONLY |
TTD |
PPD |
PTD |
FATAL |
TOTAL INJURIES |
1990 |
6,948 |
1,661 |
919 |
4 |
7 |
9,539 |
1995 |
4,877 |
1,226 |
675 |
4 |
4 |
6,786 |
2000 |
3,869 |
842 |
689 |
7 |
5 |
5,412 |
2005 |
2,585 |
600 |
541 |
13 |
2 |
3,741 |
2006 |
2,450 |
571 |
528 |
16 |
2 |
3,568 |
2007 |
2,806 |
636 |
634 |
19 |
3 |
4,098 |
2008 |
2,620 |
595 |
630 |
3 |
2 |
3,850 |
2009 |
2,295 |
552 |
544 |
2 |
3 |
3,396 |
Fatal injuries. Since the US Department of Labor started the CFOI study in 1992, fatal injuries have declined significantly: 26% in the US, and 32% in Illinois. The construction and transportation industries had the most fatalities; transportation and violence are the leading causes of death. Men and self-employed workers are disproportionately likely to be killed.
Fatal Occupational Injuries in U.S. and Illinois |
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YEAR |
U.S. |
ILLINOIS |
1992 |
6,217 |
260 |
1995 |
6,275 |
249 |
2000 |
5,920 |
206 |
2005 |
5,734 |
194 |
2006 |
5,840 |
207 |
2007 |
5,657 |
182 |
2008 |
5,214 |
193 |
2009 |
4,340 |
158 |
2010 |
4,690 |
203 |
2011 |
4,609 |
177 |
Nonfatal injuries. In 2010, 3.6% of workers experienced a nonfatal injury. The highest injury rates occurred in trade, transportation and utilities; education and health services; and manufacturing. The most common type of injury was a sprain or strain, and the back was the part of the body most injured.
Source: Illinois Department of Public Health, "Survey of Nonfatal Workplace Injuries and Illnesses: Illinois, 2010," September 2012. For more information on the BLS/IDPH studies, go to the IDPH website.
revised 2/25/13
As we all know, the Commission is a high-volume operation. Each arbitrator handles roughly 3,000 cases at any time, which makes it essential to make the best possible use of his or her time. We also know that opposing parties on a case often do not meet until the day of trial. Valuable trial time is then spent on perfunctory matters, easily-resolved discrepancies, and hallway negotiations.
In response, several years ago the Commission started encouraging groups to hold a "Settlement Day" at the Commission. The idea is to bring the two sides together informally to discuss the case and narrow the issues in dispute.
In a typical Settlement Day, an employer, insurance company, or law firm will invite opposing counsel on 25-100 cases to come to the Commission to see if the issues in dispute can be resolved.
No hearing officers or Commission staff are present at Settlement Day conferences. If the parties reach agreement, an arbitrator is available to review the settlement contracts that day.
Thousands of cases have been resolved through this process, and the Commission encourages groups to try it for themselves.
If you find files that are ready to go and you invite the opposing counsel to a Settlement Day, "your success rate should be over 50%," says Keith Brown, senior claims manager at Wausau Insurance, which has set up over a dozen Settlement Days.
"You can close more cases in a Settlement Day than you would ordinarily close in a day or even a week," he continues. "Everyone's in a frame of mind to settle the claims out. It brings down both parties' caseloads and gets the files out of the system."
For more information, or to schedule a Settlement Day, please contact Nick Velazquez (312/814-6560).
revised 7/22/08
If you are involved in a case in which a court issues an order requiring the Commission to act, please send a copy of the order to Bessie Mims (312/814-6572), and ask the court to return the transcript to us. The courts do not always send us copies of their orders, and cases may fall into limbo if we are not informed. Thanks for your help in keeping the process running smoothly.
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