PART 9050 ORAL ARGUMENTS : Sections Listing

TITLE 50: INSURANCE
CHAPTER VI: WORKERS' COMPENSATION COMMISSION
PART 9050 ORAL ARGUMENTS

AUTHORITY: Implementing Section 19 and authorized by Section 16 of the Workers' Compensation Act [820 ILCS 305/19 and 16].

SOURCE: Filed and effective March 1, 1977; amended at 3 Ill. Reg. 4, p. 13, effective January 21, 1979; amended at 6 Ill. Reg. 8040, effective July 1, 1982; codified at 7 Ill. Reg. 2348; recodified from 50 Ill. Adm. Code 7050 to 50 Ill. Adm. Code 9050 at 39 Ill. Reg. 9609; amended at 40 Ill. Reg. 15764, effective November 9, 2016.

 

Section 9050.10  Right to Oral Argument

 

Upon the request of any party that complies with 50 Ill. Adm. Code 9040.70, and no later than the conclusion of the review hearing, or upon order of the assigned Commissioner, a cause shall be set down for Oral Argument before not less than a majority of the members of the assigned Commission panel.

 

(Source:  Amended at 40 Ill. Reg. 15764, effective November 9, 2016)

 

Section 9050.20  Time Allotted

 

a)         Oral Argument on all cases in which nature and extent of  injury is the sole issue shall be limited to 5 minutes for each side. 

 

b)         Oral Argument shall be limited to 10 minutes for each side, inclusive of rebuttal time, on:

 

1)         all other cases; and

 

2)         those cases in which a total permanent disability or death award has been entered, regardless of the number of issues involved.

 

(Source:  Amended at 40 Ill. Reg. 15764, effective November 9, 2016)

 

Section 9050.30  Section 19(h) Petitions

 

Oral Argument may be had on hearings under Section 19(h) of the Workers' Compensation Act in the same manner as provided in Section 9050.20.

 

(Source:  Amended at 40 Ill. Reg. 15764, effective November 9, 2016)

 

Section 9050.40  Petitioner's Presence at Oral Argument

 

a)         The Petitioner has a right to be present at any Oral Argument.

 

b)         The Petitioner shall be present for examination at the time set for Oral Argument if:

 

1)         the Petitioner desires to be present and requests examination by a Commissioner; or

 

2)         a Commissioner of the assigned panel requests the Petitioner to be present.  

 

c)         In the event that the Petitioner does not choose to be present and no Commissioner requests the presence of the Petitioner, the Respondent may request the Petitioner's presence, subject to the discretion of a Commissioner of the assigned panel. If that presence is ordered, the Respondent shall pay the Petitioner directly, or his or her attorney, if represented, in advance of the time fixed for Oral Argument:

 

1)         sufficient monies to defray the necessary expense of travel by the most convenient means to and from the place of examination; and

 

2)         reimbursement for any loss of wages caused because of loss of working time.

 

(Source:  Amended at 40 Ill. Reg. 15764, effective November 9, 2016)