Synopsis: AS WE HEAD INTO AUGUST 2020 UNDER THE PANDEMIC IN IL—WC BENEFIT RATES RISE WITH THE HUMIDITY??—SHAWN BIERY’S UPDATED IL WC RATE SHEETS AVAILABLE SOON FOR ILLINOIS WC RATE INCREASE!!! 

 

Editor’s comment: Illinois WC Rates Have Updated Again So Please Be Aware Of The New Rates or Your Claims Handling Will Suffer and Penalties May Ensue. Please also note that the IL State Min Wage is now $10 per hour and with the already mandated increases over the next few years wages are sure to go up to $15/hr in 2025, we will see the IL WC rates increase for sure.

 

Email Marissa at mpatel@keefe-law.com to Get a Free and Complimentary Email or Hard Copy of Shawn R. Biery’s Updated IL WC Rate-Sheet! You can also send any questions to Shawn at sbiery@keefe-law.com

 

We note that the recent legislation to increase the statewide minimum wage eventually to $15/hr will lead to the continued rate increase in every cycle, so continue to watch the growth of IL WC rates. As we have mentioned in the past, since the 1980’s, the IL WC Act provides a formula which effectively insures no matter how poor the IL economy is doing, WC rates continue to climb.

 

Please also note rising minimum wages will strip value from Illinois’ expensive wage loss differential claims. We feel reserves and settlements need to reflect the legislative boost to anyone who has any job. If you aren’t sure how this works, send a reply to Shawn or Gene Keefe.

 

We caution our readers to pay attention to the fact the IL WC statutory maximum PPD rate is $836.69. However, this rate is only going to be valid through June 30, 2020 and the new max PPD will be published in January 2021. When it will be published in January 2021, this rate will change retroactively from July 1, 2020 forward. At that time, if you don’t make the change, your reserves will be incorrect–if this isn’t clear, send a reply.

 

The current TTD weekly maximum has risen to $1,572.01. An IL worker has to make over $2,358.02 per week or $122,617.04 per year to hit the new IL WC maximum TTD rate.

 

For WC Death Benefits: The new IL WC minimum has sped past the $750k floor for surviving widows/widowers. That amount is now 25 years of compensation or $589.51 per week x 52 weeks in a year x 25 years or $766,363.00! The new maximum IL WC death benefit is now over $2 million at the max $1,572.01 times 52 weeks times 25 years or a lofty $2,043,613.00 plus burial benefits of $8K. IL WC death benefits also come with annual COLA increases which we feel can potentially make Illinois the highest in the U.S. for WC death claims—again if you aren’t sure about this issue, send a reply to Shawn or Gene.

 

The best way to make sense of all of this is to get Shawn Biery’s colorful, updated and easy-to-understand IL WC Rate Sheet.  If you want just one or a dozen or more, simply send a reply to Marissa at mpatel@keefe-law.com  AND you can also send any questions to Shawn at sbiery@keefe-law.com They will get a copy routed to you once we get laminated copies back from the printer—hopefully before they raise the rates again! Please confirm your MAILING ADDRESS to Marissa if you would like laminated copies sent to your home or office!

 

We appreciate your thoughts and comments. Please post them on our award-winning blog.

 

 

Synopsis: Illinois Workers’ Compensation Commission continues their advance toward a “paperless environment” during and after the pandemic as the IL Commission rolls out all new e-contract filing. Research and comments by John P. Campbell, J.D.

 

Editor’s Comment: We applaud the Illinois Workers’ Compensation Commission’s ongoing technological advances, having recently introduced electronic drafting and filing of settlement contracts, which is now to be perfected entirely on-line -signatures and all. We understand this to be the first of a series of steps toward what will eventually be fully “paperless” electronic filing  of Motions and Requests for Hearing. Any contract not already submitted in paper form by July 22nd will have to now be converted/transferred to the on-line contract and submitted electronically.

 

Of note, pro se settlement contracts will continue to be prepared and submitted in traditional paper format until further notice. We feel it is confusing for pro se Claimants to have to deal with electronic filing so the new concept is reserved for claims that are settling with attorneys on both sides.

 

Practitioners should note that each law firm must have a designated firm administrator who is to register as the point person managing each firm’s access through CompFile. The firm administrator is then able to set up accounts for each attorney (with a username and password) who will then have access to the settlement contract boilerplate to fill in each section. These sections mirror our traditional settlement contracts, familiar to all industry veteran observers. Attorneys will be able to draft, e-sign and submit contracts for arbitrator approval.  

 

The IWCC offers several helpful YouTube videos to help those of us who may be technologically challenged. Additional information can be accessed at the following link  http://www.iwcc.il.gov/compfile

 

Although it appears the days of quick inked-up changes to contracts with initials and resubmission are over,  this new process will no doubt promote greater efficiency since submission of contracts will be immediate upon e-signature of all parties.

 

We have some concerns about how this is being rolled out and we have important recommendations to claims and risk managers if you want them. The defense team at KCB&A is staying on point and expert in all aspects of electronic settlements. If you need help, send a reply.

 

We appreciate your thoughts and comments. Please post them on our award-winning blog.

 

Synopsis: The “Nuts and Bolts” of Investigating OccDisease Claims with a Specific Focus on this Pandemic—Consider Asking Shawn R. Biery, J.D. for His OccDisease Investigation Protocol.

Editor’s Comment: Shawn R. Biery of Keefe, Campbell, Biery & Assoc understands the challenges this crisis has brought to you and your claims management protocols. Suddenly, we are all being asked to figure out when/where and how someone contracted a life-threatening disease which comes with possible 7-figure OD claims exposure. To understand the risks and costs, please remember Shawn regularly updates his Illinois WC Rate Sheet—if you want a copy, send an email to Shawn or his great assistant Marissa Patel at mpatel@keefe-law.com

What Shawn has begun to detail are crucial investigation materials which you might want to consider–his new OccDisease Investigation protocol to allow you to:

  1. Investigate and verify OccDisease claims for emergency workers covered under the new Rules promulgated by the IWCC;

  2. Investigate and verify claims for other workers possibly not covered by the Rules and

  3. Insure you have a strong basis to accept or deny OccDisease benefits in settings that may come at you and your company very rapidly.

We are constantly working to update the potential investigation protocols. Please again note, as we outline above, any Covid-19 exposure may come with 7-figure risk/reserves on a per claim basis—this is possibly a business-busting concept.

Please also make note, if you don’t diligently investigate, even without a presumption, our IL WC Commission may rule any Covid-19 claim is going to be adjudicated to be compensable.

Those supervisors, managers and adjusters who are now becoming OccDisease investigators will need the following skills:

Interviewing – the ability to draw out the relevant information through effective questioning

Communication (verbal and written) – the ability to interact effectively with injured persons, witnesses and suspects, as well as other investigators, and to communicate the findings of the investigation to a wide variety of individuals and organizations

Technical competence – the awareness of safe working procedures that should be adopted, with particular relevance to the event under investigation

Hazard recognition – the ability to ensure workers and investigators are not exposed to unnecessary risk

Interaction – personal attributes that enable effective relations with other people

Deduction – the ability to scrutinize all the evidence obtained, e.g. through observation, from witnesses’ statements and from documentary evidence, and to form a coherent picture that enables the causal factors to be identified

If you want a copy or someone to consult with an OccDisease Investigations and Rules, feel free to contact Shawn at sbiery@keefe-law.com or John Campbell at jcampbell@keefe-law.com