On Arbitrators and Safety Notifications

Monday, October 19, 2009 | 0

By Eugene F. Keefe

Synopsis: Can it be possible? Have we lost common sense again? Will Illinois add three new arbitrators on Jan. 1?

Editor's comment: Your editor attended the recent Illinois Self-Insurers Association annual convention and weenie roast  at the Marriott Lincolnshire Resort. After winning the golf tournament, we saw a presentation by the chairperson of the Illinois Workers' Compensation Commission (IWCC) advising the gathered representatives of Illinois' biggest employers confirming our injury rates were down as compared to other states. She also advised litigated claims were projected to fall 7% less than years' past. Total pending litigated workers' compensation claims in Illinois were about 94,000. Please note a significant percentage of such claims are pro se settlements. Claims pending on review at the IWCC were about 2,100.

Understanding we now have 33 Illinois arbitrators in this state, if you do the math, there may be about 2,500 claims per arbitrator. Based upon information we have received, they are each trying an average of about 100 cases per arbitrator per year or about two trials each week. The rest of the claims are settled or dismissed. We feel the best thing our arbitrators do, year-in and year-out are to drive claims to sometimes reasonable settlements.

As we recently advised, Illinois' hard-working and relatively low-paid arbitrators have been forced, not asked to take a pay cut by cutting 11 days out of their pay in the next 12 months. When we call them low-paid, Illinois arbitrators make just over half of what a circuit court judge makes in this state. We feel our Arbitrators are asked to make legal rulings and decide factual conundrums at least as complex and intricate as those faced by any traffic court or collection room judge. We feel efforts should be made to significantly close this pay gap-one good way to justify it would be to have less but better-paid arbitrators and not more.

We are now told by reliable sources the secret forces that run the commission have indicated an intention to select and hire three new arbitrators. We are not certain whether these are three hearing officers to replace folks who may be leaving or three additional arbitrators to bring the state's total to 36. We have asked and, as usual, no one will advise. The hundreds of folks who pay 100% of the cost of the commission via self-insured levies or payroll taxes are being kept completely out of the loop. As we have indicated numerous times, the "Commission" doesn't hold open hearings or discuss its plans with you, the members of the bar, the Workers' Comp Claims Association, the Self-Insurers Association or anyone else.

Our concerns for the diligent and hard-working arbitrators are two-fold. First, it makes no sense to add staff when you are forcing furloughs. Second, for the arbitrators who are diligent and doing their jobs to the best of their abilities, they have to be concerned to lose a significant part of their case loads and potentially be subject to criticism and
unfair scrutiny for not working hard enough. 

For all of it, we want the folks who represent Illinois business on the Workers' Compensation Advisory Board and other representative organizations to start to demand more openness and forthrightness from the administration. We feel a "democratic" approach to running the commission should mean it is being run transparently and with input from
all sides and not from a secret group of insiders. We will keep you posted on any further developments as the news comes in. Let us know your thoughts and comments or please, post them on our blog.


Synopsis: This is a real and very good idea for our Illinois readers to consider.

Editor's comment: For you folks from out-of-state, consider telling your Department of Motor Vehicles to follow suit. We have sent this e-mail recommendation to friends and families already and everyone is signing up.

Beginning right now, the State of Illinois and Secretary of State Jesse White offer a new service connected to your driver's license. You can click on the link below and add two emergency contacts to your license data. Therefore, if you are seriously injured and/or incapacitated in some way, your driver's license can be immediately scanned and emergency
contacts retrieved so your loved ones can be contacted to come to your side and provide assistance to the authorities. If you have extraordinary medical or personal needs, allowing the authorities to rapidly reach a knowledgeable friend or contact might make all the difference.

It only takes two minutes to complete. As attorneys we have seen the difference that early notification can make in saving a life. Keefe, Campbell & Associates encourage everyone to take advantage of this new service, and communicate this information to your family, colleagues and friends.

http://www.cyberdriveillinois.com/departments/drivers/ecd/home.html

For authentication, see

http://www.chicagotribune.com/news/local/chi-emergency-contactsep16,0,7288655.story

http://rockrivertimes.com/2009/08/26/secretary-of-state-unveils-emergency-contact-database/

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Eugene F. Keefe is a partner in the Chicago law firm of Keefe, Campbell & Associates. This item from the firm's blog, www.keefe-law.com/blog, was reprinted by permission.
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