Current through Register Vol. 48, No. 12, March 22, 2024
a)
Filing Requirements
1) Settlement Contracts
shall be filed in quadruplicate on a form provided by the Commission and
docketed. One copy shall be provided for each additional case number listed on
the contract. When an application is pending, the contracts must bear the
docket number of the application. When no application has been filed, the
contracts shall be given an original number and letter in the same manner as an
application. In cases involving payment into the Second Injury Fund, one
additional copy shall be filed for record purposes. In addition, a stamped
envelope must be submitted, addressed to each person who is to receive copies
of the approved contract by mail.
2) Settlement Contracts shall be accompanied
by an "Attorney Representation Agreement" if not previously filed.
b) Contents
Settlement Contract forms shall be completed in full and
accompanied by an appropriate signed physician's report concerning the nature
and extent and probable duration of the disability resulting from the alleged
accident. Settlement Contract forms are available at
http://www.iwcc.il.gov/forms.htm.
1)
In cases involving claim for death benefits, the report shall refer to the
medical cause of death. In addition, in death cases, copies of the death
certificate and, when applicable, marriage certificate of the decedent and
birth certificates of any minor children of the decedent shall accompany the
Settlement Contracts.
2) The
Petitioner shall, upon request, provide any other information relevant to
determining the appropriateness of the settlement.
c) Assignment
1) Settlement Contracts on cases originating
in Cook County that have not previously been assigned to an Arbitrator or
Commissioner may be assigned randomly to an Arbitrator in the appropriate venue
by a computer program.
2) If a
Petitioner is not represented by an attorney, a different assignment procedure
may be established from time to time by directive of the Chairman for the
benefit of those Petitioners. An attorney may make a motion requesting an
immediate hearing on a settlement for good cause. If the motion is granted, the
settlement may be assigned in the same manner as settlements of non-represented
Petitioners.
3) When the venue is
outside Cook County, the parties may present Settlement Contracts by appearing
personally before an Arbitrator assigned to that venue and requesting approval
of the contracts.
d)
Appearance of Petitioner Discretionary
If both parties are represented by an attorney, the Arbitrator
or Commissioner to whom the Settlement Contract has been assigned may approve
or reject the Settlement Contract solely on the basis of information in the
settlement and the medical and other reports required to be submitted pursuant
to subsection (b). Prior to rejection of a Settlement Contract, the Arbitrator
or Commissioner shall give the parties an opportunity to be
heard.