2011 ILLINOIS WORKERS’ COMPENSATION REFORM
Summary of the proposed changes (Updated 5/27/11)
Prepared by Inman & Fitzgibbons, Ltd.
HB 1689, Amendment #3 (Rep. Kwame Raoul):
Section 15: The Workers' Compensation Act is amended by changing Sections 1, 4, 8, 8.2, 8.7, 11, 13, 13.1, 14, 18, 19,and 25.5 and by addingSections 1.1, 4b, 8.1a, 8.1b, 8.2a, 16b,18.1, 29.1, and 29.2 as follows (new sections andsubsections are clearly indicated, new language added to existing Sections is in italics andstricken language is shown with a “strike through” font):
Section 1 amended as follows:
Added: Sec. 1(d) To obtain compensation under this Act, an employee bears the burdenof showing, by a preponderance of the evidence, that he or she has sustained accidentalinjuries arising out of and in the course of the employment.
Added: Sec. 1.1. Standards of conduct.(a) Commissioners and arbitrators shall dispose of all Workers' Compensation matterspromptly, officially and fairly, without bias or prejudice. Commissioners and arbitratorsshall be faithful to the law and maintain professional competence in it. They shall beunswayed by partisan interests, public clamor, or fear of criticism. Commissioners andarbitrators shall take appropriate action or initiate appropriate disciplinary measuresagainst a Commissioner, arbitrator, lawyer, or others for unprofessional conduct of whichthe Commissioner or arbitrator may become aware.(b) Except as otherwise provided in this Act, the Canons of the Code of Judicial Conductas adopted by the Supreme Court of Illinois govern the hearing and non-hearing conductof members of the Commission and arbitrators under this Act. The Commission may setadditional rules and standards, not less stringent than those rules and standardsestablished by the Code of Judicial Conduct, for the conduct of arbitrators.(c) The following provisions of the Code of Judicial Conduct do not apply under thisSection:
(1) Canon 3(B), relating to administrative responsibilities of Judges.
(2) Canon 6(C), relating to annual filings of economic interests. Instead of filingdeclarations of economic interests with the Clerk of the Illinois Supreme Courtunder Illinois Supreme Court Rule 68, members of the Commission andarbitrators shall make filings substantially similar to those required by Rule 68with the Chairman, and such filings shall be made available for examination bythe public.
(d) An arbitrator or a Commissioner may accept an uncompensated appointment to agovernmental committee, commission or other position that is concerned with issues ofpolicy on matters which may come before the arbitrator or Commissioner if suchappointment neither affects his or her independent professional judgment nor the conductof his or her duties.
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