Synopsis: IL WC “Downstate” Arbitrator Transfers to Happen in 70 days or 1/1/2024. Several Arbitrators seated in IWCC Zones 1-6 will be transferred effective January 1, 2024. Thoughts and Analysis by Lindsay R. Vanderford, JD.

Editor’s comment: In an October 11, 2023 announcement, the IWCC notified all known members of the bar and litigants of the upcoming transfer of 14 of the 18 IL WC arbitrators sitting in venues outside of Cook County.

The Commission’s message read, “Our Act provides that no Arbitrator may sit at any docket outside of Cook County for more than four (4) years. Based upon that statutory requirement, we moved a limited number of Arbitrators last year. In conformance with our [IL WC] Act, we will effectuate a series of Arbitrator transfers, effective January 1, 2024.”

The list of those re-assigned arbitrators is as follows:

NEW 2024

Zone 1

Lee

Gallagher

Pulia

Gilliespie

Cantrell

AuBuchon

Zone 2

O’Brien

Hinrichs

Gallager

Lee

AuBuchon

Cantrell

Zone 3

Hinrichs

O’Brien

Carlson

Zone 4

Cellini

Soto

Hegarty

Granada

Dalal

Zone 5

Seal

Glaub

Friedman

Napleton

Zone 6

Soto

Cellini

Granada

Hegarty

Glaub

Seal

For reference, the relevant terms of 820 ILCS 305/14 prior to 2022 read, “No arbitrator shall hear cases in any county, other than Cook County, for more than 2 years in each 3-year term.” The May 27, 2022 amendment to the Act, 2022 P.A. 102-910, changed these terms to “No arbitrator shall hear cases in any county, other than Cook County, for more than 2 4 years in each 3-year term.”

Several of the Arbitrators being reassigned will have been in their respective venues for only a year as they were involved in the Commissioner’s aforementioned transfer in 2023.

The IWCC expects an update to the 2024 Arbitration calendars prior to these upcoming transfers.

Each matter set in January during the December status call will be handled on trial by the “new” Arbitrator in that zone. No Arbitrator will handle a case in their prior zone after January 1, 2024. This appears to answer the question as to bifurcated hearings following the assigned Arbitrator after their transfer and could make matters more difficult to push to trial at the end of the year.

The IL WC Commission is hoping for minimal impact.

Thoughts from Gene Keefe—the purpose of all this switching is to insure there is an independent and fresh person handling litigated claims in each zone. There was a concern in the past that IL WC Arbitrators were too “buddy-buddy” with members of the bar who routinely appeared before them. At present, the IL WC Arbitrators comprise a professional, well-informed and generally moderate group. Please note the Arbitrator assigned my effect your IL WC claim reserves—feel free to reply for our thoughts.

We appreciate your thoughts and comments. Please post them on our award-winning blog.

This article was researched and written by Lindsay R. Vanderford, JD. Lindsay can be reached with any questions related to workers’ compensation defense and employment law defense at lvanderford@keefe-law.com.

Synopsis: The IL WC System Does Provide a Credit for a Prior Injury to the Same Body Part (Other Than “Body As A Whole” Awards).

In Village of Niles v. Illinois Workers’ Compensation Commission, No. 1-22-1617WC, 09/29/2023, the Illinois Appellate Court, Workers’ Comp Division cut a permanent partial disability award to an injured Niles police officer, finding the IL WC Commission miscalculated the amount/credit due after accounting for the statutory credit for a prior settlement/award due to his employer.

As with most claims that reach the IL Appellate Court, WC Division, this minor change took years and years to finalize. The original date of loss was May 4, 2015!

You might also note the defense costs for fees, transcripts, bonds and handling had to be exponentially higher than this claim could ever be worth. This simple claim should have been quietly and quickly resolved years ago.

Veteran claims handlers on all sides should note the statutory credit outlined in this ruling does not apply to:

What are called “body as a whole” PPD awards, as there is no credit for prior settlements/awards specifically in that section of the IL WC Act and
Most IL WC shoulder awards, as many folks are now handling shoulder claims as body as a whole values.

Claimant Markadas initially worked for the Village of Niles in a civilian capacity. The parties agreed he injured his right knee at work in 1999. Claimant filed an IL workers’ compensation claim, which he eventually settled. The settlement acknowledged Markadas had a 20% loss of use of the right leg, and he received 40 weeks of permanent partial disability benefits—a “leg” in IL WC used to be valued at 200 weeks of PPD.

In 2001, Claimant became a police officer for the village. In 2015, he slipped on wet grass while responding to a burglary call, again injuring his right knee. Markadas then filed an Application for Adjustment of Claim.

At hearing, an IL WC arbitrator found Claimant’s condition was causally related to his work and ordered the Village to pay medical bills. The Arbitrator also awarded Markadas 24.5 weeks of PPD benefits. The PPD benefits were arrived at by subtracting the 40 weeks of compensation that Markadas earlier received from 30% LOU leg at the current PPD value 215 weeks for a leg or 64.5 weeks of compensation for the May 2015 injury.

The Workers’ Compensation Commission panel affirmed, as did a Circuit Court judge.

The Illinois Appellate Court, WC Division ruled the extent of PPD is a question of fact to be resolved by the IL WC Commission, as is the mathematical calculation of PPD to which an injured worker is entitled.

The opinion ruled Section 8(e)(17) of the Workers’ Compensation Act provides permanent or partial loss of use of a specified member for which compensation has been paid, the PPD calculation shall be deducted from any award for a subsequent injury to the same member, the Court noted in its ruling:

“The only condition precedent to the deduction of the prior loss is that compensation for that loss must have been paid,” the Court further ruled. The decision goes on to find “Nothing in the statute provides for the subtraction of the compensation awarded for the initial loss from the compensation provided for the subsequent injury.”

It was undisputed permanent partial disability was paid to Claimant for the 20% permanent partial loss of use of his right leg from the 1999 claim. Applying the clear language of section 8(e)(17) to the facts of the case means 20% loss of use from the 1999 accident should be subtracted from the 30% loss of use of his right leg from the 2015 accident. The remaining 10% is then multiplied by 215 weeks of benefits provided in Section 8(e)(12) for the loss of use of a leg.

“The result is that the claimant is entitled to 21.5 weeks of PPD benefits, not the 24.5 weeks awarded by the Commission,” the Appellate Court ruled.

To read the court’s decision, click here. If you ever have a question or concern about handling statutory credit for prior settlements/awards in an IL WC claim, send me a reply and I will get you clear and simple answers.

We appreciate your thoughts and comments. Please post them on our award-winning blog.

KCBA Blog

10-22-2023; IL WC Arbitrator Transfers Coming in 70 days; IL Appellate Court Actually Cuts a PPD Award for a Police Officer to Comply With The IL WC Act and more