Synopsis: Has One of the United States Slowest WC Systems Gotten Even Slower?
Editor's comment: One constant complaint from every client, adjuster and risk manager across the globe about the IL WC system is how long it takes to get our old claims closed. Right now, there are claims every month that are 5, 10, 15 or more years old with no true movement or action. There are numerous Claimant lawyers who never seem to have have needed medical records or depositions or something ready for their oldest and moldiest claims. Some of the IL WC Arbitrators will put their dukes up and command time schedules—sadly, in our view, some of the IL WC Arbitrators won’t.
So what just happened to make this even worse? Well, last week I was advised the machine that creates notices of dismissal for want of persecution, I mean, prosecution is broken. It seems the IWCC is okay with keeping unneeded workers in satellite offices and lots of other arguable overstaffing but we don’t have time to fix the machine that makes DWP’s final! So what is happening as you read this is claims are getting dismissed but notices aren’t being sent, due to the malfunction. If notices aren’t sent, the claims arguably remain open indefinitely.
Why is that bad? Well, try to imagine 5, 10, 15 year old claims that are getting dismissed because Claimant’s counsel refuses to take any definitive action. Try to further imagine your IL WC defense lawyer or Commission docket clerk is fighting, kicking and screaming at the status call to finally have the Arbitrator assigned appropriately DWP your oldest file. Then try to imagine the “dismissed” claim sits for months or even years awaiting the Rules-required notice of dismissal that actually starts the clock on a timeline for the DWP to become final. Then imagine the notice of DWP never being sent to anyone.
The pertinent IWCC Rule Governing Practice Before the Commission says:
Section 9020.90Petitions to Reinstate
a) Where a cause has been dismissed from the arbitration call for want of prosecution, the parties shall have 60 days from receipt of the dismissal order to file a petition for reinstatement of the cause onto the arbitration call. Notices of dismissal shall be sent to the parties.
b) Petitions to Reinstate must be in writing. The petition shall set forth the reason the cause was dismissed and the grounds relied upon for reinstatement. The petition must also set forth the date on which Petitioner will appear before the Arbitrator to present his petition. A copy of the petition must be served on the other side at the time of filing with the Commission in accordance with the requirements of Section 9020.70.
c) Petitions to Reinstate shall be docketed, and assigned to and heard by the same Arbitrator to whom the cause was originally assigned. Both parties must appear at the time and place set for hearing. Parties will be permitted to present evidence in support of, or in opposition to, the petition. The Arbitrator shall apply standards of fairness and equity in ruling on the Petition to Reinstate and shall consider the grounds relied on by Petitioner, the objections of Respondent and the precedents set forth in Commission decisions.
Take our word for it, if the requisite notices of dismissal for want of prosecution aren’t sent by the IWCC, this Rule means literally nothing and claims may be “dismissed” and then pend for years and years because without notices there is no finality!
If you are on the defense side of the IL WC matrix, you are paying 100% of the cost of the IWCC. If you care about this sort of issue, please send an email to IWCC Chair Fratianni or the IWCC’s counsel, Ron Rascia and let them know how you feel about it. If you need their contact information, send a reply.
The foregoing was originally published on the Keefe, Campbeel, Beiry Blog and is reproduced here with permission of the author. No further republication is permitted without the author’s consent.