ISIA Membership, the Joint Employers (comprised of the Associated General Contractors of Illinois, Chicagoland Chamber of Commerce, Illinois Chamber of Commerce, Illinois Manufacturers’ Association, Illinois Retail Merchants Association, and the National Federation of Independent Business) released the below statement, after the IL AFL-CIO announced it would withdraw from the agreed bill process:

“For nearly four decades, the agreed bill process has set the standard in Illinois for collaboration on difficult and complex policy issues impacting the unemployment insurance and workers’ compensation systems. Regardless of which political party held power, the process ensured business groups and organized labor negotiated in good faith to find common ground to protect workers, employers, and grow the economy.

Whether Democrat or Republican, every administration since 1982 has joined legislative leaders in both chambers in supporting the agreed bill process, recognizing it is a balanced approach that has served Illinois well. Indeed, this process has resulted in sound policies that have led to a healthy unemployment trust fund with good benefits for unemployed workers, and a workers compensation system that justly provides for injured workers at an average cost for employers. For Illinois to succeed, businesses need an economic climate that encourages growth, which includes investing in employees. This process is working, with state leaders touting Illinois’ recent economic resurgence.

During a time of increasing political polarization, policymakers should be looking for ways to maintain collaboration instead of further deepening divides. While we are disappointed organized labor has chosen to lean into the politics of division, we encourage the Governor’s office, legislative leaders and rank and file members to embrace compromise and communication and stand by the agreed bill process as a way for stakeholders to work through their differences and drive progress for all. Illinois – and our nation – needs leadership, civility and bipartisan cooperation.”

The ISIA echoes the underpinnings of the Joint Employers Statement, endorsing the sentiments of cooperation, civility and leadership for mutual goals and a more prosperous Illinois.

Please be advised that effective February 1, 2025, the following Arbitrator Transfers will be made: 

Arbitrator Nina Mariano will take over the Monthly Call of Arbitrator Gerald Napleton, in Zone 5. 
Arbitrator Napleton will take over Arbitrator Mariano’s Call in Cook County. 
Arbitrator Mariano will thereafter be sitting in Zone 5, and Arbitrator Napleton will be sitting in Chicago.

Arbitrator Roma Dalal will take over the Monthly Call of Arbitrator Paul Cellini in Zone 6. 
Arbitrator Cellini will take over the Monthly Call of Arbitrator Dalal in Zone 4. 

Each Arbitrator will conduct the monthly status calls, pre-trials and trials in their current zones, through the end of January. 
Then, after February 1, 2025, they will take over their new Calls. 
Any matters set for trial by the original Arbitrator will be taken to trial by the newly assigned Arbitrator. 

If there are any questions regarding these reassignments, the Chairman has invited to contact his office. 

The Illinois Workers’ Compensation Commission (IWCC) recently made a few announcements the ISIA would like to share with our membership.

On Monday, August 26, 2024, Governor Pritzker announced the re-appointment of the following Arbitrators:

Joseph Amarilio

Crystal Caison

Paul Cellini

Ana Vazquez Diaz

Gerald Granada

Jessica Hegarty

Adam Hinrichs

Jeffrey Huebsch

Nina Mariano

Maureen Pulia

The ISIA congratulates each of these Arbitrators on their reappointments.

Arbitrator Stephen Friedman announced his retirement, effective August 28, 2024. The ISIA congratulates him on this well-deserved achievement, and thank him for his years of service.

Additionally, Governor Pritzker has appointed two new Arbitrators.

Daniel K. Swanson

Mr. Swanson has been a practicing attorney, with more than 30 years of legal experience. He is a graduate of Northwestern University with a degree in Psychology and completed his Juris Doctor at Northern Illinois University. 

Mr. Swanson brings great experience in the field of Workers’ Compensation law to the IWCC, as he has been engaged in this practice for the majority of his career. Dan has tried more than 250 cases to conclusion at the IWCC, and his ability is well recognized. 

Luana O. Montoya

Ms. Montoya is a practicing attorney with past experience in workers’ compensation matters. Luana is currently the Supervising Attorney for the State of Illinois’ Torture Inquiry and Relief Commission. She holds a Bachelor of Arts, in Government, degree from Harvard University and a Juris Doctor from the University of Illinois.

Ms. Montoya has past experience in workers’ compensation matters from her time with the City of Chicago. Additionally, she was a staff attorney and eventually the Director of Workers’ Compensation for the Department of Finance. 

The ISIA congratulates Mr. Swanson and Ms. Montoya on their appointments.

Very Truly Yours,

Adam J. Cox
Executive Director

ISIA Executive Diector, Adam Cox,  discusses some very recent activity by the United Staets Appellate Court with respect to the Illinos Workers' Occupational Disease act. Please see his post at https://nbkllaw.com/the-us-appellate-court-has-a-few-questions-and-we-want-answers/. 

On Tuesday, February 13, 2024, Governor JB Pritzker announced the appointment of Raychel Wesley as an Employee Commissioner of the Illinois Workers’ Compensation Commission.  This is effective immediately.  This fills the vacancy from the recent departure of Commissioner Baker, and now all three Commission panels are again full.

Commissioner Wesley earned her Juris Doctorate Degree from De Paul University, College of Law, and her Bachelor of Science Degree in Business Education from De Paul University College of Education, both in Chicago, Illinois. 

For more than 25 years, Ms. Wesley worked as an attorney at several law firms, with workers’ compensation a part of her practice. She was appointed an Arbitrator at the Illinois Workers’ Compensation Commission by Governor Pritzker in 2020, and reappointed in 2023. 

Congratulations Commissioner Wesley.

The eleventh annual Workers’ Compensation Benchmarking Study’s industrywide survey is currently underway and we think it continues to be a thought provoking and worthwhile exercise for our membership.

This year’s study will—for the second time in its history—survey frontline claims professionals (versus claims executives) to ascertain alignment between industry leadership and those who directly handle workers' compensation claims. The study will also identify any substantial changes since last surveying frontline professionals in 2019, which was notably prior to the pandemic experience. As the industry’s largest talent constituency, with the greatest influence on financial and injured worker outcomes, visibility into their views will highlight advancement opportunities for the entire industry.

The Illinois Self Insurers' Association is forwarding this survey as a valuable opportunity for members to assess and enhance operational alignment within your claims organizations.

• If you are a Claims Leader (e.g., C-Suite through Supervisor) – please forward the confidential survey link to your frontline claims staff
• If you are a Frontline Claims Professional (e.g., claims adjuster, claims examiner) – please share your insights by taking this confidential survey  

Please note, all confidential data will be aggregated, and no individual or organization will be identified in any way in study findings.

In return for completing this brief 10-minute survey, all frontline participants – as well as all Illinois Self Insurers' Association members – will receive the Annual Report which can be used to validate operational alignment, verify existing strategies, advocate for resources in support-challenged areas, and identify opportunities to impact claim outcomes.

Again, here is the confidential survey link. We appreciate your involvement in this important industrywide effort, and we encourage you to share this survey link with your frontline colleagues.

Thank you,
Illinois Self Insurers' Association

On Thursday, May 18, 2023, Chairman Brennan announced the appointment two of the ISIA’s Board Members to the Illinois Self Insurers Advisory Board (“SIAB”), Toni L. Herwaldt of Navistar and Gina M. Koenig of Ascension. Ms. Herwaldt has been involved in Illinois Workers’ Compensation issues in many capacities.  She is currently the Director of Risk Management for Navistar.  Ms. Koenig is the Associate Risk and Workers’ Compensation Litigation Manager at Ascension.  Both Ms. Herwaldt and Ms. Koenig have extensive Workers’ Compensation experience with self-insured employers, and each will bring significant experience to the SIAB.  We congratulate them on their appointment.

ILLINOIS SELF-INSURERS’ ASSOCIATION
SLATE OF OFFICERS FOR 2022 - 2024

President:  Ms. Gina L. Rossi; Marriott Corp.

Vice President:  Ms. Gina M. Koenig; Ascension

Secretary:  Mr. John Traub; Albertsons Companies

Treasurer:  Ms. Clarice B. Fleming; Exelon Corp.

With America beginning to open up, it is not too soon to start thinking about the NCSI 2022 Annual Conference. The program will kick off on Sunday, June 12, 2022, at the Hyatt Regency Scottsdale Resort & Spa at Gainey Ranch and will run through Wednesday morning. As in years past the conference will feature a blend of medical, administrative and legal topics. A copy of the program agenda will appear on the NCSI website later. The NCSI Annual Conference has proven to be an important opportunity to renew friendships, make new business acquaintances, network and enjoy the company of workers’ compensation professionals. Next year will be no different. Mark your calendars now.

Visit the NCSI website for more information.

Hilarie Carhill and Daniel Ugaste
Associate

On February 3, 2022, the Illinois Supreme Court held that claims under the Biometric Information Privacy Act (Privacy Act) are not barred by the Workers’ Compensation Act’s (Compensation Act’s) exclusive remedy provisions and therefore, claimants may seek redress in the Circuit Court and not at the Workers’ Compensation Commission. In Marquita McDonald v. Symphony Bronzeville Park, the Court accepted Bronzeville’s interlocutory appeal in order to provide this answer to a certified question. Marquita McDonald v. Symphony Bronzeville Park, LLC, IL 126511, 2022.

In reaching this conclusion, the Supreme Court performed an analysis of each of the Acts and what they were intended to cover. The Court noted, the exclusivity provisions in the Compensation Act (sections 5(a) and 11) function so that an employee’s physical or psychological accidental injuries, that arise out of and in the course of his/her employment, must be brought exclusively to the Workers’ Compensation Commission, instead of as civil lawsuits in state or federal court. The only way to avoid the exclusivity of the Act is for an employee to prove: (1) it was not accidental; (2) it did not arise out of the employment; (3) it did not occur in the course of employment; or (4) it was not compensable under the Compensation Act. The Court focused on the fourth factor – whether the injury was compensable under the Compensation Act.

After a detailed analysis of the case law, the Court found that the type of injury covered under each Act is distinctly different, which warrants separate forums. The Compensation Act is meant to cover medically documented physical and psychological injuries, providing financial protection for an employee’s impaired earning capacity. By contrast, the Privacy Act provides specific recourse to civil court, in the context of employment or for the general public. Employees who have experienced violations of the Privacy Act have an injury of special character that may not require medical care.

In support of its finding, the Supreme Court noted that as a matter of legislative intent, generally, later-enacted statutes control over earlier statutes, and more-specific statutes control over general acts. Further, the Privacy Act was enacted after the Compensation Act and is more specific.

The final argument presented by the defense in McDonald was that a finding for McDonald could lead to unmitigated exposure in civil court, for corporations who have committed technical violations of the Privacy Act. But the Court responded that this concern of whether the statute strikes a proper balance between violation and damages, is one for the legislature; the Court is limited to interpret the law as it has been written.

The Supreme Court’s Decision provides clarity as to the breadth of exclusive remedy provision of the Illinois Workers’ Compensation Act. This Decision will also allow for the vast number of paused Biometric Privacy Act lawsuits to now proceed.

The NBKL blog is provided for informational purposes; we are not giving legal advice or creating an attorney/client relationship by providing this information. Before relying on any legal information of a general nature, you may consider consulting legal counsel as to your particular facts and applications of the law.