Illinois Administrative Code
Title 50 - INSURANCE
Part 9040 - REVIEW
Section 9040.10 - Perfecting a Review
Universal Citation: 50 IL Admin Code ยง 9040.10
Current through Register Vol. 48, No. 12, March 22, 2024
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 Petition for Review shall contain a
statement of the reviewing party's specific exceptions to the Decision of the
Arbitrator.
b) Order of Arbitration Transcript
1) Transcripts of
arbitration proceedings before the Commission shall be furnished to the parties
only upon written request filed with the Commission.
2) For purposes of perfecting a review, an
arbitration transcript must be ordered within the time fixed by statute. The
estimated cost of the transcript of proceedings may be obtained from the
Commission, and the party requesting the transcript shall deposit a sum of
money covering the estimated cost before the reporter is required to complete
the transcript. An order entered pursuant to Section 20 of the Workers'
Compensation Act (the Act) [
820 ILCS
305/20 ] may be submitted for the monetary
deposits.
3) In cases in which
Section 19(b-1) Petitions have been filed, transcripts shall be ordered in
accordance with 50 Ill. Adm. Code 9020.80(b)(3)(C).
c) Authentication of Transcript
1) For purposes of perfecting a review, the
transcript of arbitration proceedings shall be authenticated in the manner
provided by Section 19(b) of the Workers' Compensation Act and Section 19(b) of
the Workers' Occupational Diseases Act [
820 ILCS
310/19(b) ], and filed with the
Commission on or prior to the designated time and place set by the Commission
as the Return Date on Review.
2)
The Return Date on Review shall be limited to the filing of the authenticated
transcript.
A) The Commission shall notify
the parties at least 30 days prior to the date and time set for the Return Date
on Review.
B) The reviewing party
shall file the authenticated transcript in person, by mail, or in any manner
provided by the Commission in its notice of the Return Date of
Review.
C) Unless electronically
filed, the authenticated transcript shall be accompanied by 2 completed copies
of the Commission's Transcript Receipt Form and, if filed by mail, a
self-addressed stamped envelope.
D)
Timely filing by mail may be shown by:
i) a
legible postmark date applied by the U.S. Postal Service, and not by a party,
to the envelope in which the document is received by the Commission at least 2
calendar days prior to the Return Date on Review; or
ii) the date applied by the U.S. Postal
Service to a certified or registered mail receipt bearing the same
certification or registry number as the envelope in which the document was
received by the Commission, showing a date of mailing that is not less than 2
calendar days prior to the Return Date on Review.
3) In cases in which Section
19(b-1) Petitions have been filed, the transcript shall be authenticated and
presented in accordance with 50 Ill. Adm. Code 9020.80.
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