(820
ILCS 305/14) (from Ch. 48, par. 138.14)
Sec.
14. The Commission shall appoint a secretary, an assistant secretary,
and arbitrators and shall employ such assistants and clerical help
as may be necessary.
Each
arbitrator appointed after November 22, 1977 shall be required
to demonstrate in writing and in accordance with the rules and
regulations of the Illinois Department of Central Management Services
his or her knowledge of and expertise in the law of and judicial
processes of the Workers' Compensation Act and the Occupational
Diseases Act.
A
formal training program for newly-hired arbitrators shall
be implemented. The training program shall include the following:
(a)
substantive and procedural aspects of the
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(b)
current issues in workers' compensation law and
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(c)
medical lectures by specialists in areas such as
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orthopedics,
ophthalmology, psychiatry, rehabilitation counseling;
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(d)
orientation to each operational unit of the
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Illinois
Workers' Compensation Commission;
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(e)
observation of experienced arbitrators conducting
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hearings
of cases, combined with the opportunity to discuss
evidence presented and rulings made;
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(f)
the use of hypothetical cases requiring the
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trainee
to issue judgments as a means to evaluating knowledge
and writing ability;
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(g)
writing skills.
A
formal and ongoing professional development program including, but
not limited to, the above-noted areas shall be implemented
to keep arbitrators informed of recent developments and issues and
to assist them in maintaining and enhancing their professional competence.
Each
arbitrator shall devote full time to his or her duties and shall
serve when assigned as an acting Commissioner when a Commissioner
is unavailable in accordance with the provisions of Section 13 of
this Act. Any arbitrator who is an attorney-at-law shall
not engage in the practice of law, nor shall any arbitrator hold
any other office or position of profit under the United States or
this State or any municipal corporation or political subdivision
of this State. Notwithstanding any other provision of this Act to
the contrary, an arbitrator who serves as an acting Commissioner
in accordance with the provisions of Section 13 of this Act shall
continue to serve in the capacity of Commissioner until a decision
is reached in every case heard by that arbitrator while serving as
an acting Commissioner.
Each
arbitrator appointed after the effective date of this amendatory
Act of 1989 shall be appointed for a term of 6 years. Each arbitrator
shall be appointed for a subsequent term unless the Chairman makes
a recommendation to the Commission, no later than 60 days prior to
the expiration of the term, not to reappoint the arbitrator. Notice
of such a recommendation shall also be given to the arbitrator no
later than 60 days prior to the expiration of the term. Upon such
recommendation by the Chairman, the arbitrator shall be appointed
for a subsequent term unless 8 of 10 members of the Commission, including
the Chairman, vote not to reappoint the arbitrator.
All
arbitrators shall be subject to the provisions of the Personnel Code,
and the performance of all arbitrators shall be reviewed by the Chairman
on an annual basis. The Chairman shall allow input from the Commissioners
in all such reviews.
The
Secretary and each arbitrator shall receive a per annum salary of
$4,000 less than the per annum salary of members of The Illinois
Workers' Compensation Commission as provided in Section 13 of this
Act, payable in equal monthly installments.
The
members of the Commission, Arbitrators and other employees whose
duties require them to travel, shall have reimbursed to them their
actual traveling expenses and disbursements made or incurred by them
in the discharge of their official duties while away from their place
of residence in the performance of their duties.
The
Commission shall provide itself with a seal for the authentication
of its orders, awards and proceedings upon which shall be inscribed
the name of the Commission and the words "Illinois--Seal".
The
Secretary or Assistant Secretary, under the direction of the Commission,
shall have charge and custody of the seal of the Commission and also
have charge and custody of all records, files, orders, proceedings,
decisions, awards and other documents on file with the Commission.
He shall furnish certified copies, under the seal of the Commission,
of any such records, files, orders, proceedings, decisions, awards
and other documents on file with the Commission as may be required.
Certified copies so furnished by the Secretary or Assistant Secretary
shall be received in evidence before the Commission or any Arbitrator
thereof, and in all courts, provided that the original of such certified
copy is otherwise competent and admissible in evidence. The Secretary
or Assistant Secretary shall perform such other duties as may be
prescribed from time to time by the Commission.
(Source: P.A.
93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
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(820
ILCS 305/14.1) (from Ch. 48, par. 138.14-1)
Sec.
14.1. There is created a Commission Review Board consisting of
the Chairman of the Illinois Workers' Compensation Commission,
the Commissioner with the most seniority who is a representative
citizen of the class of employees covered under this Act, the Commissioner
with the most seniority who is a representative citizen of the
employing class operating under this Act, two Arbitrators, one
assigned to hear cases filed in counties with a population of 3,000,000
or more and one assigned to hear cases in any other county, both
selected by a vote of a majority of the appointed Arbitrators pursuant
to an election conducted by the Chairman, and 2 members designated
by the Governor who are not commissioners, Arbitrators or employees
of the Illinois Workers' Compensation Commission. Members of the
Board shall serve without compensation, but shall be reimbursed
for actual expenses incurred. All appointments for the initial
terms shall be made and elections concluded by October 1, 1984,
with each initial term commencing on October 1, 1984 and extending
through February 28, 1987, until the office holder's successor
is appointed or elected and qualified. Thereafter each term shall
commence on March 1 of each odd-numbered year and extend
through March 1 of the next succeeding odd-numbered year,
until the office holder's successor is appointed or elected and
qualified. The Governor shall certify his appointments, and the
Chairman shall certify the results of the elections by the Arbitrators,
to the Secretary of the Illinois Workers' Compensation Commission.
A vacancy in the office of a member of the Commission Review Board
shall be filled for the remainder of the vacating member's term
in the same manner as that in which the member was appointed or
elected.
The
Chairman of the Illinois Workers' Compensation Commission shall
serve as the Chairman of the Commission Review Board. It shall
be the duty of the Chairman to compile, audit, and retain complaints
registered against Commissioners and Arbitrators. The Chairman
shall immediately advise a Commissioner or Arbitrator in writing
of the nature of any and all complaints filed against him, preserving
the identity of the complainant.
At
a proceeding before the Commission Review Board, it shall then
become the duty of any complainant to testify regarding his or
her previously filed complaint, or said complaint shall be considered
null and void.
The
Commission Review Board shall advise any Commissioner or Arbitrator
in writing of necessary remedial action to correct any deficiency
and shall afford said individual the opportunity to report or respond
to a complaint within a prescribed period of time.
In
matters of serious concern to the State, the Commission Review
Board may recommend that the Governor: 1) dismiss any Arbitrator
who is found unfit to serve; or 2) not reappoint a Commissioner
who it finds unfit to serve. This action shall require a record
vote of at least 5 members of the Board. The Governor, in his discretion,
may act on the recommendation of the Commission Review Board.
(Source: P.A.
93-721, eff. 1-1-05.)
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