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This just in… Workers’ comp repeal bill brought to the floor - Passes 65-48-4

Posted in:

* 1:32 pm - Rep. John Bradley has just advanced his proposal to repeal the workers’ compensation system to the floor. Listen or watch by clicking here.

…Adding… Doug Whitley at the Chamber wrote this before the bill was passed today…

The implied threat has been that if agreements cannot be reached by affected interest groups, chaos would prevail. While such an action may appear attractive in the abstract, the consequences would force all workers’ compensation cases into the civil courts. It would overwhelm the courts and require dozens if not hundreds of new judges.

Every employer would have to scramble for new insurance coverage while the insurance companies would be trying to reassess pricing in a volatile, litigious state with a reputation for being an unfavorable judicial “hellhole.”

Workers’ compensation insurance premiums would likely escalate even higher. Many injured workers would undoubtedly suffer under the scenario of an extended period of disarray and uncertainty. Most significantly, such an action would once again send the wrong signal regarding Illinois’ ability to affectively deal with critical public policy issues.

posted by Rich Miller
Friday, May 27, 11 @ 1:33 pm

Comments

  1. Well, if this passes, does anyone think Quinn will go to Peoria for the bill signing? I mean, it would dramatically lower Caterpillar’s premiums, but I don’t think this is what they had in mind when they asked for reform…

    Comment by 47th Ward Friday, May 27, 11 @ 1:48 pm

  2. No bluff. You’d think the parties that can’t get off the schneid on a deal would have known that.

    Comment by wordslinger Friday, May 27, 11 @ 1:55 pm

  3. Madigan does not bluff.

    And “Rep. Kay voted AGAINST eliminating Illinois’ scandalous worker’s compensation system” is a hell of a mail piece.

    Comment by Yellow Dog Democrat Friday, May 27, 11 @ 2:01 pm

  4. How can this be a Trial Lawyers bill? Last I checked - they were neutral (as an organization - individuals will vary). And the Merchant association, Chicago Chamber of Commerce, and one other (can’t remember) are in favor. That doesn’t sound like a Trial Lawyer bill to me.

    Comment by Anonymous Friday, May 27, 11 @ 2:05 pm

  5. I think the trial lawyers preferred the status quo. If this passes, they’ll have to work a lot harder to get paid.

    In the short term, this is great for business. At least until the first mega-judgement comes down. But it will be every business for itself now, and thankfully, they have the power to limit their liability. They just need to take safety seriously, more seriously than putting up Safety First posters that is.

    Comment by 47th Ward Friday, May 27, 11 @ 2:11 pm

  6. 65-48-4.

    “Paging Mr. Whitley, please come to the white courtesy phone.”

    Comment by 47th Ward Friday, May 27, 11 @ 2:20 pm

  7. Republicans say “Mend it, don’t end it.” Awesome.

    Comment by Yellow Dog Democrat Friday, May 27, 11 @ 2:20 pm

  8. Now THAT’S hardball! Pass my reform bill, or you got nothing at all.

    Comment by walkinfool Friday, May 27, 11 @ 2:35 pm

  9. Boom. Headshot.

    Comment by John Bambenek Friday, May 27, 11 @ 2:37 pm

  10. @47th Ward -

    That was pretty hilarious.

    While Whitley’s trying to decide whether or not to hop aboard a train in the Senate, there’s another train barreling down the tracks straight at him from the House.

    Anyone heard yet what the president of Caterpillar thinks of the proposed compromise?

    Comment by Yellow Dog Democrat Friday, May 27, 11 @ 2:41 pm

  11. The legislature does a lot of goofy stuff but this takes the cake. If you’ve ever known someone injured at work (such as my Mom) you know that the worker’s comp system is not particularly generous to the average worker.

    The abuses are well documented. But the average person does not get much. So here goes the baby with the bathwater.

    Comment by DuPage Dave Friday, May 27, 11 @ 2:54 pm

  12. Rollcall?

    Its not up on the web yet.

    Comment by Yellow Dog Democrat Friday, May 27, 11 @ 2:55 pm

  13. Reminds me of when the House voted to abolish riverboat gambling.

    Comment by Michelle Flaherty Friday, May 27, 11 @ 2:56 pm

  14. MJM has just sent a big shot across business’ bow. If this becomes law, business will spend a fortune on attorneys fees and unlimited judgments for employee injuries. Time for business to play ball. Senate action to turn up more heat on biz in 3-2–1…

    Comment by Just Sayin' Friday, May 27, 11 @ 3:03 pm

  15. In contrast to others on this site, I actually practice in the workers’ compensation system, and while the system has problems throwing out a 100 year system is imbecilic and an embarrassment to the State. It takes no brains to destroy a system, the trick is making the current system better.

    Putting the system into the Circuit Courts isn’t good for employers or employees, although it would be good for attorneys. In listening to the representatives, other than Cullerton, they didn’t sound up to speed on an issue, which is surprising given the issue has been pending for more than a year. Cullerton’s strategy that passage of this bill would be used as leverage to pass the bill currently in the Senate is manipulative at best and dangerous at worse. I would hpe for somethig better from our government.

    Comment by Bill Friday, May 27, 11 @ 3:04 pm

  16. Bill, Cullerton is in the Senate. Ironic coming from someone claiming to know more than everyone else.

    Comment by Rod's Hair Friday, May 27, 11 @ 3:10 pm

  17. I am also involved in the w.c. system in Illinois and I have seen it used and abused for over almost 40 years now. There is excessive use of the legal system which drives up costs, when it is designed to be a self functioning law. It is also provides a blank check for health care whether or not the injury was sustained on the job.

    Comment by Lefty Friday, May 27, 11 @ 3:12 pm

  18. @Bill -

    Moving worker’s comp cases to the circuit courts makes more sense than allowing companies to choose the doctors for injured workers and then allowing some nurse practitioner who works for the insurance company dictate care from over 1000 miles away.

    Comment by Yellow Dog Democrat Friday, May 27, 11 @ 3:19 pm

  19. === There is excessive use of the legal system which drives up costs, when it is designed to be a self functioning law ===

    Agreed. This could be simply fixed by adding something similar to the Prompt Payment Act to the worker’s compensation system. If employers didn’t drag their feet paying medical bills and lost wages, worker’s would not hire attorneys.

    Comment by Yellow Dog Democrat Friday, May 27, 11 @ 3:21 pm

  20. Rod’s Hair, you are right, my mistake. The guy I was referring to was the one who acknowledged the bills was being used as leverage and at one point I thought he was effectively directing someone else - possibly Bradley - on that fact.

    Comment by Bill Friday, May 27, 11 @ 3:23 pm

  21. YDD - untrue. The current law allows a 50% plus 20% attorney’s fees penalty for an unreasonable nonpayment of a bill. Penalties are rarely awarded because insurance companies hire doctors who say treatment isn’t necessary of the condition is not related to the injury. Thus the insurance company then has a “reasonable basis” to not pay the bill. What we really need is a “speedy trial act” that mandates a trial within a certain time along with elimination of doctor’s depositions which prolong the proceedings (they take months to schedule and complete).

    Comment by Marcus Agrippa Friday, May 27, 11 @ 3:34 pm

  22. YDD- Silly you—many hire an attorney right out of the box.

    Comment by Lefty Friday, May 27, 11 @ 3:35 pm

  23. Most people hire an attorney when a medical bill or weekly lost time check is not paid, or when they are terminated. A few come in when a settlement offer is made and they want to see if it is fair (which most time is not). Very few walk in the door saying how much can I get for this injury.

    Comment by Marcus Agrippa Friday, May 27, 11 @ 3:40 pm

  24. Bill, probably the first and last time someone confused Rep. Bradley and Sen. President Cullerton though the mental image of Cullerton in a seersucker suit is disturbing.

    Comment by Michelle Flaherty Friday, May 27, 11 @ 3:45 pm

  25. Looks like I only have a few more days left to get drunk and fall down the stairs at work to collect a payout…

    Comment by John Bambenek Friday, May 27, 11 @ 3:52 pm

  26. Arbitrator Kathleen Hagan only has moments left to file her 10th, 11th and 12th workers compensation claims.

    Comment by Hi Friday, May 27, 11 @ 4:04 pm

  27. Bambenek - you have been watching too much HBO.

    Comment by Marcus Agrippa Friday, May 27, 11 @ 4:06 pm

  28. My bad - it’s Showtime, not HBO - (apologies to William Macy).

    Comment by Marcus Agrippa Friday, May 27, 11 @ 4:16 pm

  29. I would never play “chicken” with Mike Madigan. a collision would ensue, and you will find that his mass is a lot more than your mass and while he might be scratched, you are shattered. Because of the Chamber’s “less than neutral” neutral position, The Speaker needed to remind everyone not to play chicken with him, or they wouldn’t have a workers’ compensation act at all. As Yellow Dog Democrat earlier put it, “Mike Madigan does not bluff.”

    Comment by Curious Observer Friday, May 27, 11 @ 4:25 pm

  30. Let’s say you chop off a couple of fingers at work. Your employer doesn’t provide health insurance and you can’t work for a while. Now what?

    Comment by Think Big Friday, May 27, 11 @ 4:37 pm

  31. putting these cases into the circuit courts would not result in 55000 cases going there, it would result in the 100000 pending cases plus 55-70000 more that are filed each year going there. If you assign 2100 cases to each judge, which is an impossible number for any judge to handle given modern discovery rules, you would need at minimum another 75 judges or so, but no judge can handle 2100 tort claims and oversee discovery and hold hearings and write out written decisions as required. The most conservative estimate I have seen from anyone with any knowledge of the system is that at least 180 new judges would have o be hired, with the attendant court personnell, to handle these cases. The costs would be staggering and would dwarf the costs of the current system.

    Comment by sheik Friday, May 27, 11 @ 5:49 pm

  32. sheik: It appears that your numbers are pretty accurate.

    Comment by Louis G. Atsaves Friday, May 27, 11 @ 6:07 pm

  33. Think Big,
    You find an attorney, rush to court and sue, sue, sue for millions and millions of dollars. And when you win, the employer will be longing for the days of the workers comp system with its liability limits.

    Comment by Michelle Flaherty Friday, May 27, 11 @ 6:16 pm

  34. Not sure this is part of the WC reform discussion, but it is a crime how open the WC case records are. New York has a statute clearly protecting the privacy of medical and personal information in WC cases, but not here in Illinois, all that is open to public view, easily seen over the internet. HIPPA law protections are non existent in Illinois. I wish the Trial Lawyers system would initiate a class action suit to protect people’s privacy. All that is needed is some measure of password protections, like Social Security has. That way WC can keep track of who is looking and internet search engines can’t suck up the info and blast it all over the internet.

    Comment by anon sequitor Friday, May 27, 11 @ 7:08 pm

  35. I,ve been in a w.c. case for almost 3 years w/ my back requiring surgery . We were close to working up a lump sum payout and finish the case. What happens now?????Do we now go back to square one?

    Comment by Cate Sunday, May 29, 11 @ 3:34 pm

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