Illinois Administrative Code

Section 9030.30 Disqualification of Commissioners and Arbitrators a) Except as otherwise provided in the Workers' Compensation Act, the Canons of Judicial Conduct as adopted by the Supreme Court of Illinois govern the hearing and non-hearing conduct of members of the Commission a…

Section 9030.40 Request for Hearing 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 refus…

Section 9030.50 Subpoena Practice 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…

Section 9030.60 Depositions 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,…

Section 9030.70 Rules of Evidence a) The Illinois Rules of Evidence shall apply in all proceedings before the Commission, either upon Arbitration or Review, except to the extent they conflict with the Act, the Workers' Occupational Diseases Act [820 ILCS 310], or the Rules Govern…

Section 9030.80 Briefs, Arbitrators' Decisions 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. T…

Section 9030.90 Opening and/or Closing Statements A brief opening and/or closing statement may be made of record at the arbitration hearing.

Section 9040.10 Perfecting a Review 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 Petit…

Section 9040.20 Assignment of Reviews 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 dock…

Section 9040.30 Review Hearing: Date and Place The Commission will give notice to the parties of the date, place and time set for a Review hearing.The notice will be given at least 10 days prior to the hearing. (Source: Amended at 40 Ill. Reg. 15748, effective November 9, 2016)

Section 9040.40 Conduct of Review Hearings 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 …

Section 9040.50 Remanding Orders (Repealed) (Source: Repealed at 40 Ill. Reg. 15748, effective November 9, 2016)

Section 9040.60 Continuances for Oral Arguments and Extensions of Time for Filing Statements of Exceptions and Supporting Briefs and Abstracts Parties shall present their oral arguments at the time and date set by the Commission. Continuance of an oral argument or extension of ti…

Section 9040.70 Statements of Exceptions and Supporting Briefs and Abstracts 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 Sec…

Section 9040.80 Commission Decision on Review 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) t…

Section 9050.10 Right to Oral Argument 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 …

Section 9050.20 Time Allotted 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…

Section 9050.30 Section 19(h) Petitions 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. (Source: Amended at 40 Ill. Reg. 15764, effective November 9, 2016)

Section 9050.40 Petitioner's Presence at Oral Argument 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 …

Section 9060.10 Certification of Record: Conditions 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 fil…

Section 9060.20 Orders on Judicial Review 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 receip…

Section 9070.10 Settlement Contracts 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…

Section 9070.20 Agreed Petitions for Lump Sum Settlement 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 benefic…

Section 9070.30 Contested Petitions for Lump Sum Settlement Contested Lump Sum Settlement Petitions shall be docketed and set for hearing pursuant to 50 Ill. Adm. Code 9040.20(c). (Source: Amended at 40 Ill. Reg. 15775, effective November 9, 2016)

Section 9070.40 Action by Commission 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 Con…

Section 9080.10 Petition For Fees 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 fe…

Section 9080.20 Payment of Proceeds of Litigation 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…

Section 9090.10 Disciplining of Attorneys: Procedure 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 …

Section 9090.20 Disciplining of Agents: Procedure 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 …

Section 9100.10 Insurance Forms 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 acce…

Section 9100.20 Policy Information Page 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 effect…

Section 9100.30 Termination of Insurance 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 …

Section 9100.40 Requirements for Approval as a Self-Insurer a) Application 1) Initial Application A) Any private employer under the Workers' Compensation Act [820 ILCS 305] (the Act) and/or the Workers' Occupational Diseases Act [820 ILCS 310] (WODA) who desires to be approved as…

Section 9100.50 Self-Insurers to File Statements and Reports 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 repo…

Section 9100.60 Administration of Claims Against Securities, Indemnity or Bonds of Self-Insurers 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…

Section 9100.70 Administration of Claims Against Group Self-Insurer's Insolvency Fund 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 Direc…

Section 9100.80 Administration of Claims Against the Self-Insured Employers Liability Fund 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 Comm…

Section 9100.85 Administration of Claims Against the Injured Workers' Benefit Fund 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,…

Section 9100.90 Insurance Coverage: Compliance 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 Di…

Section 9110.10 Vocational Rehabilitation 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, voc…

Section 9110.100 Explanations of Benefits 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) t…

Section 9110.20 Petitions under Sections 19(h), 8(a), and 7(a) of the Act (Repealed) (Source: Repealed at 40 Ill. Reg. 15823, effective November 9, 2016)

Section 9110.30 Commission Meetings: Minutes 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. (Source: Amended at 30 Ill.…

Section 9110.40 Petition to Suspend Compensation for Failure to Submit to Proper Medical Treatment 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…

Section 9110.5 Definitions "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 appo…

Section 9110.50 Petitions under Section 19(o) of the Act 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…

Section 9110.60 Commission Handbook The Commission Handbook will be maintained on the Commission website pursuant to Section 15a of the Act. (Source: Amended at 40 Ill. Reg. 15823, effective November 9, 2016)

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 a) When an employee becomes unable to work due to an accidental or occupational disease arising out of …

Section 9110.80 Rate Adjustment Fund and Second Injury Fund Contributions: Compliance 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…

Section 9110.90 Illinois Workers' Compensation Commission Medical Fee Schedule a) In accordance with Sections 8(a), 8.2 and 16 of the Workers' Compensation Act [820 ILCS 305/8(a), 8.2 and 16] (the Act), the Illinois Workers' Compensation Commission Medical Fee Schedule, including…