On June 28, 2011, Governor Quinn signed legislation making significant changes to the Illinois Workers’ Compensation Act.  For working men and women injured on the job in Illinois and the medical providers who help them, this new law makes life even more difficult.

No rights were gained for injured workers and many were lost.  The following is a partial summary of some of the changes that have been made.  You will note that this is only a partial summary I have prepared for my clients giving them listing some of the changes that have been made.  For additional details, please feel free to contact me or see the draft summary that I previously posted.

Some of the significant changes are as follows:

• One of the most unfair and significant changes affecting workers in Southern Illinois is the section of the legislation that requires three arbitrators be assigned to a single hearing site and that cases must be randomly assigned to each arbitrator.  Arbitrators may not serve more than two years at any single hearing site.  This is provision applies only to counties outside of Cook County. Under this change, an injured worker will not know which arbitrator will be available at any given month to conduct trials.  By reducing the number of downstate hearing sites, injured workers will have to travel further to attend hearings and their cases may not even proceed to trial, even if a specific trial date has been requested.  This will do nothing more than encourage workers’ compensation carriers to further delay payments of benefits since it is unlikely that the injured worker will actually be able to obtain an award at the time the case is set for trial.  According to the Chairman of the Illinois Workers’ Compensation Commission, the legislators did not consult with the Commission, nor would they take into consideration any of the input from the Commission concerning this change.  For those workers who encounter difficulties getting their cases to trial, I urge them to contact Representative John Bradley of Marion, Illinois who sponsored this legislation and request it be changed back to the way it was.

• An employer may provide its workers with a preferred provider network of medical professionals for treatment of work-related injuries.  If this is done, the employee only has one other choice of a physician and subsequent chain of referral.  I expect that many employers may utilize this option to control the injured worker’s course of medical treatment.

• For injuries sustained on or after September 1, 2011 where the injury prevents the worker from returning to his or her usual and customary line of employment, the wage differential payment is limited to age 67 or five years from the date the award becomes final, whichever is later.

• If the employee’s injury is carpal tunnel syndrome caused by repetitive trauma, the permanency award shall not exceed 15% loss of use of the hand, except where there is clear and convincing evidence that the injury is much more disabling.  In such circumstances, the Commission may award up to 30% loss of use of the hand.  The total loss of the use of the hand is limited now to 190 weeks of compensation – which represented the total weeks of compensation for loss of use of a hand before 2006.

• For injuries that occur on or after September 1, 2011, the determination of permanent partial disability shall be established by using the following criteria:  The American Medical Association Guides To Permanent Impairment, the occupation of the employee, the age of the employee, the employee’s future earning capacity, and the evidence of disability corroborated in medical records.  The AMA Guidelines are very conservative and many physicians do not agree with their disability ratings.  In fact, some medical conditions are not even recognized under the AMA Guidelines.  These guidelines have been used in other states to help limit employees’ rights to compensation.

• Payment of medical, hospital, and surgical expenses will be reduced by 30% from the current fee schedule.  This is going to greatly impact the ability of injured workers to receive medical treatment that they need from quality physicians.  It will make it economically difficult for physicians to continue to see and treat injured workers in light of this reduction in payment of bills.

• The employer / insurance company may use a utilization review of the injured worker’s medical treatment and if the utilization review denies or does not authorize the treatment recommended by the treating doctor, the employee has the burden of proof to show a variance from the standards of care used in the utilization review and the variation is reasonably required to cure or relieve the effects of the injury.

• All arbitrators are terminated effective July 1, 2011 and will be replaced by the Governor’s appointees.

The Governor signed the Illinois workers’ compensation bill into law yesterday (June 28, 2011). It is now Public Act 97-18. Here is a link to the Public Act http://www.ilga.gov/legislation/publicacts/97/PDF/097-0018.pdf.
While the effective date of the Act is immediate, there are specific dates for certain provisions. Of particular importance are the following:

• PREFERRED PROVIDER PROGRAMS-effective immediately, BUT ONLY WHEN EMPLOYER HAS APPROVED PPP ON THE DATE OF ACCIDENT.

• 8(d)1 CAP-Injuries occurring on or after 9/1/2011.

• CARPAL TUNNEL-Injuries occurring on or after effective date (6/28/2011).

• DETERMINATION OF PPD-Injuries occurring on or after 9/1/2011

• MEDICAL FEE SCHEDULE REDUCTIONS-applies to services rendered on or after 9/1/2011.

• UR-Applies to services provided or proposed to be provided on or after 9/1/2011.

• SECTION 11 (INTOXICATION)-Injuries occurring on or after 9/1/2011.

Fritz

I attended the Illinois State Bar Association Section Council Meeting in Lake Geneva, Wisconsin on June 17, 2011.  The Chairman of the Illinois Workers’ Compensation Commission spoke at the meeting.  He indicated that the General Assembly recently passed significant workers’ compensation reform legislation (HB1698).  He provided a summary of the major provisions of the legislation which will become effective upon approval by the Governor.

Chairman Mitch Weisz spoke and outlined the following changes:

• The arbitrators and commissioners are now subject to the code of judicial conduct.

• The legislation terminates all arbitrators effective July 1, 2011.  The governor will appoint and reappoint arbitrators to fill positions.  Chairman Weisz estimated that between four and eight arbitrators may not be reappointed.  The Illinois Workers’ Compensation Commission Advisory Board will also be involved in the decision making regarding the appointment of new arbitrators.  Chairman Weisz indicated that applications are available online for individuals who want to seek the arbitration positions.  The new arbitrators must be attorneys.  However, they are not required to perform the specific testing that was required of all arbitrators who previously received appointments.  Presently, arbitrators who are serving are the only ones that are not required to be attorneys.

Upon appointment by the governor, the arbitrators will undergo 20 hours of training, including black lung training.

• One of the most significant provisions involve the fact that there would be three arbitrators assigned to each hearing site.  Chairman Weisz could not even think of the names of three downstate counties so he used three counties near Chicago as examples.  He indicated that the total downstate dockets would be reduced to a total of 12 sites with an average of 3,000 cases per docket.

Each site would have a panel of three arbitrators and cases would be assigned at random to one of the three arbitrators at each hearing site.  Chairman Weisz indicated it will be more difficult for individuals to set their cases for hearing because of the fact that three different arbitrators will be handling a single docket.  Chairman Weisz indicated that the Illinois Workers’ Compensation Commission was left out of the legislative process regarding input on this provision.  Any individuals encountering difficulties with setting their cases for hearing because of this provision should contact their appropriate legislative representatives.

• With regard to the actual signing of the legislation, Chairman Weisz indicated that the governor will sign the amendments with “almost certainty.”

• Employees of the Illinois Workers’ Compensation Commission who have claims pending will be required to refile their claims and their claims will be assigned to an Arbitrator separate and apart from the Illinois Workers’ Compensation Commission.  This would be an adjudicator or mediator selected by the Workers’ Compensation Advisory Commission.

In the middle of July, a list of three to five candidates who can be potentially assigned to the pending cases for those employees of the Commission will be posted.

• With regard to the substantive provisions, there is a Section that applies to allow unions to opt out of the Illinois Workers’ Compensation Act and have their own adjudications separately.

• With regard to the American Medical Association guidelines to permanent impairment, Chairman Weisz discussed the most recent presentation made by David Menchetti wherein he indicated that the AMA guidelines apply to permanent impairment, but the arbitrators look to disability.  Chairman Weisz had a copy of the book on the AMA guidelines and indicated that on page five there is a definition of impairment and disability.  Special attention should be paid to the language used on page five of the AMA guidelines.

Training will be provided on the AMA guidelines by potentially two individuals.  One is Dr. Scott Kale (sp?) and the other is Dr. Forrest.  Both of them have specific training in the AMA guidelines.  Dr. Forrest is in Chicago.

• Chairman Weisz also described the concern that downstate arbitrators and their dockets were viewed as a “club.”  This is why the provision is contained within the legislation concerning randomly assigned cases.  Chairman Weisz recognized that this is going to drag things out.  Since the cases will be randomly assigned to a specific arbitrator and that arbitrator may not necessarily be at the hearing site at any given month, it will almost be impossible to have your case asset with any certainty unless a specific arrangement is made with a specific arbitrator concerning your case.  Chairman Weisz indicated that if both sides cooperate, they would have a greater likelihood of having their cases heard.

• An additional provision states that the arbitrators will be serving a term of two years and then will be reassigned.

• Chairman Weisz indicated that the likely locations for downstate hearings will be either in Springfield or Collinsville.  However, the Illinois Workers’ Compensation Commission is evidently planning to sell the Collinsville hearing site so a new location may be necessary.  Chairman Weisz also indicated that the initial call may be conducted at some hotel in Collinsville and trials may still be able to take place at the Collinsville hearing site.

• It was pointed out that the governor had planned to sign the new changes to the Illinois Workers’ Compensation law at the Caterpillar plant at Peoria.  However, since there was no provision on causation, the management at Caterpillar was not so receptive to having the governor sign the new legislation at their facility.

• It was noted that the new law will take effect within 60 days of the date it leaves the general assembly regardless of whether or not the governor approves the law.  However, one of the attorneys pointed out that the new law has not left the general assembly yet.  Therefore, the 60 days may not necessarily apply.

• Another question arose as to whether certain provisions were considered to be substantive or procedural.  Chairman Weisz indicated that many of the provisions can be viewed as being either substantive, procedural, or both.  This has to do with the effective date of legislation.

• A discussion was held regarding a letter sent from the Commission to certain petitioners by an individual named Ruiz.  It had to do with the filing of Affidavits and indicated that attorneys should have filed Affidavits on behalf of their clients.

• With regard to the Illinois Injured Workers Benefit Fund, the State of Illinois has borrowed funds from the Fund and there are no longer sufficient monies within the account to make payments to any of the beneficiaries.  Currently, the fines collected would have been sufficient to cover and pay certain beneficiaries.  However, since the legislature borrowed money from the fund, there are no longer sufficient funds available.   However, the state has indicated that the monies will be paid back to the Fund when revenue is available.

• With regard to furlough days, the Chairman indicated that those are unfair and apply only to arbitrators and supervisors who are non-union employees.  He urged the governor to do away with furlough days.  However, no response was received by the governor’s office.

To see the Draft Summary provided by the Chairman, click here.

Before you hire any lawyer, you want to get all of the minor details our of the way to make sure that everyone will run smoothly along the road. This is way many individuals go through a research process before they select an attorney. However, once you have narrowed down your decision, don’t forget to ask those important questions that will ensure that the time you spend working together will run as smoothly as possible.

How Do You Bill?

Many people are afraid to talk billing and cost up front. However, it is an important issue. You need to be aware of how and when you will be billed so that you can plan for it. This is one of the first questions you should ask your lawyer. You do not want a bunch of surprises down the road, so ask specifics. Will you be billed a flat fee or an hourly rate. Even ask for an estimated cost if you want to.

How will you respond to me needs throughout the case?

This is another great question. As the client, you will have needs that the lawyer will need to meet. Make sure you understand how the client plans on meeting these needs. Hopefully the lawyer will be able to make you feel like a priority even though they obviously have other cases to worry about.

What happens if you die or retire?

This may sound like an odd question, however it is an important one to consider. Imagine investing money in the case with the lawyer and finding out that he or she died before the case was settled. What happens to your investment and/or the case? Although this is an uncomfortable subject to bring up, make sure that you do. It will protect your interests in the event of a tragedy. The client should always be taken care of no matter what happens.

Everyday people hire lawyers to help them solve life’s problems. Today’s lawyers are skilled in a number of different specialties and chances are you can find one to help you overcome the battle you are facing. Remember, odds are in your favor if you hire a lawyer. It is usually wise to have them help you rather than trying to do it all on your own. However, before you hiring the first lawyer you come across on the internet, here are some things to know.

Know Their Experience

First, make sure that you know your attorney’s experience. One of the reasons you are hiring the attorney is to make sure that someone is representing you who is more apt at handling the battle you are confronting. Someone that lacks experience may not be the best decision for an attorney to represent your case. It will be important that they understand what they are up against.

Cost And Worth

Next, understand that you get what you pay for with a lawyer. These individuals are professionals for a reason and that is why they can charge the rate that they charge. Don’t avoid someone that seems expensive right away. If this lawyer is the best fit for you, it may be worth it for you. In the end, you may get the most money back because they know how to fight your case best.

Look For A Specialty

Lastly, when you are looking for an attorney, make sure that they have experience with the type of case you need help with. Not all types of cases are the same. And just because someone is a lawyer, it does not mean that they will be the best person available to help you. Therefore, consider finding someone who specializes in the area you need.

If you are considering hiring a lawyer, than you obviously need reasons to get you off the fence and into you attorneys office. Hiring a lawyer will ultimately be a good thing in nearly all situations. And it will hurt nothing, at least talking to someone about the possibility of working with one. Here are some things to consider.

Peace Of Mind

One of the most obvious reasons to hire a lawyer is to provide you some peace of mind. A lawyer puts you in the best position for a good outcome from the case. You will obviously be much better off than fighting the case blindly on your own.

Don’t Go To Court Alone

Another big reason to hire a lawyer is so that you don’t go to court alone. Imagine going to the hospital and just checking in with the nurse, not the doctor. That is like going to the court and checking in with the judge and not an attorney. Make sure you take a lawyer with you to court. You will be better protected, the outcome will be better, and you will definitely be happier than sitting there by yourself.

It Can Be More Expensive Not To Hire One

Logic often tells us to avoid paying for things – we try to solve problems on our own. However, if you consider the scenarios where accountants have saved clients several dollars on their tax returns then you might be interested in the professional skills of an attorney. These skills are similarly in their economic worth. While they may cost something, the overall value is worth it and will end up saving you money in the end.

Minimize Risk

Lastly, hiring a lawyer will minimize your risk. There is less chance of something going wrong with a lawyer by your side and a greater chance that that odds will fall in your favor.

There are many characteristics that individuals should seek out in an attorney that are looking to hire. Obviously, they want an attorney who will do what it takes to win the case. However, some attorneys will do what it takes at all costs. These costs might include breaking the rules, stretching the truth, tampering with evidence, and more. In order to avoid controversy with your case and get the best result possible it is important to ensure that you are dealing with an ethical attorney. How can you be sure that your attorney will be ethical when it comes to your case? Here are some helpful suggestions.

Talk To Referrals

Before you hire the attorney, it is always a good idea to talk to referrals that have worked with the lawyer previous. Ask these referrals about their experience working with the attorney. You should seek to know specifics about the case. For example, it is not good enough to know whether they liked the attorney or not. Instead, try to evaluate the experience they had. What details can you gather from them? Ask them how they felt about the attorney’s ethical behavior. If you see no red flags, then you will probably be ok if you decide to hire the attorney.

Ask The Attorney

Another important person to talk to about ethics is the attorney themselves. Openly discuss how he or she feels about ethics and the law. Try to understand their position on it and whether or not they are willing to risk their professional image and or career to win a case or a bigger settlement. This is risky behavior and it truthfully is not worth it. In the end, honesty is much safer and better. Therefore, select an attorney who values ethics and tries to act honestly as they practice the law everyday.

The main focus for any lawyer is probably two-fold – to win cases and bill hours in the process. This makes sense. After all, once your case has been settled, you will not simply walk away happy with nothing on the line. However, you will be a lot better off. Therefore, those billable hours are definitely worth it. And in addition to all of the hours that these lawyers are building, they are most likely continuing their education to stay current on the law and actively involving themselves in one of the many lawyer organizations.

American Bar Association

One of the most common lawyer associations is the American Bar Association. Anyone who is already a lawyer is a part of this organization by default. However, the ABA is a great organization. And it offers individuals the opportunity to continually advance his or her career with education and tools.

American Association For Justice

The American Association For Justice is a great association for any trial lawyer. Members of this organization enjoy several benefits including research opportunities, support, discounts, mentors, networking, and more. In addition, this organization works to protect the image of a trial lawyer throughout the US justice system.

National Lawyers Association

Another great organization is the National Lawyers Association. This association serves a wonderful opportunity for those lawyers who want to have a say on the decisions and opinions of the ABA. Their involvement in this organization can influence future policies and it allows them the opportunity to be heard.

What Is Your Lawyer Up To?

If you are in the process of hiring a lawyer, make sure you are aware of the extracurricular activities that your lawyer engages in. These activities will further help you and your lawyer as you seek to resolve your case. Don’t be afraid to discuss this with your lawyer.

One of the most interesting aspects of the law is not the case, but in fact, the people that represent them. And the lawyer/client happens to be a major part of this. In some circumstances, a healthy relationship exists from the get go. In others, it takes time to develop a positive working relationship between the lawyer and his or her client. Sadly, there are some unfortunate circumstances where lawyers and clients seem to have trouble. Regardless of your situation, here is some helpful advice about making the most of the relationship you are paying for.

Communicate

Most importantly, communicate. Remember that communication goes both ways. Therefore, if you need something, you should express it. If you have concerns, voice them. Most attorneys are relatively good communicators. Communication is part of their job. However, if you feel like they are not communicating well with you, make sure you talk to them about it.

Be Honest

Next, it is important to be honest with your attorney. There is nothing worse than finding out a hidden issue along the road that should have been brought up immediately. This will only cause contention and further hurt you and your relationship. It will also complicate the case that you are both trying to win. Therefore, establish a pattern of openness and honestly. This pattern will be best for your relationship and your case.

Work On The Relationship

Remember that no relationship is perfect. Everyone has his or her strengths. Therefore, if you begin to feel like you should switch lawyers you might want to reconsider. A new lawyer will not solve your problems. In fact, the new one will probably have different strengths and a whole new set of weaknesses that you have to learn to deal with. Instead, work on the current relationship that you have. Together you and your attorney can foster a relationship that promotes success.