Section 9040.10  Perfecting a Review

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.

(Source:  Amended at 40 Ill. Reg. 15748, effective November 9, 2016)