SR0059 97TH GENERAL ASSEMBLY

SR0059 LRB097 10475 AEK 50740 r

SENATE RESOLUTION

WHEREAS, Recent media reports indicate that since 2008, nearly $10 million in State taxpayer funds has been awarded in workers' compensation payments to more than 230 employees at the Menard Correctional Center who contended they were injured through repetitive trauma caused by operating manual cell locking mechanisms; and

WHEREAS, Recent media reports also indicate that approximately 25% of the arbitrators employed by the Illinois Workers' Compensation Commission ("Commission") have received workers' compensation awards, including nearly $50,000 to the arbitrator who approved many of the workers' compensation settlements to the guards at the Menard Correctional Center; and

WHEREAS, According to the Illinois Workers' Compensation Commission, many of these payments were "uncontested settlements" and information regarding the payments or process of awarding the payments is not included in a database maintained by the Commission, therefore, the public did not have access to these awards; and

WHEREAS, The Department of Central Management Services, Risk Management Division has statutory responsibility to administer the Workers' Compensation Program for State of Illinois agencies; and

WHEREAS, The Office of the Illinois Attorney General is responsible for the defense of claims arising from work-related injuries or diseases affecting State agency employees; and

WHEREAS, The Illinois Workers' Compensation Commission is required to approve settlement agreements for uncontested claims; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed pursuant to Section 3-2 of the Illinois State Auditing Act to conduct an audit of awards approved by the Illinois Workers' Compensation Commission for claims filed by employees of Menard Correctional Center and arbitrators employed by the Commission from 2008 to the present; and be it further

RESOLVED, That the audit include, but not be limited to, the following areas:

(1) A review of the processing of awards paid to employees of Menard Correctional Center and other correctional facilities, including procedures for determining compensability and proper negotiation and approval of settlements, and procedures followed to maintain records of such settlements;

(2) A review of the processing of awards for arbitrators of the Illinois Workers' Compensation Commission, including procedures for determining compensability and proper negotiation and approval of settlements, and procedures followed to maintain records of such settlements;

(3) A review of "uncontested claims" procedures utilized by the Illinois Workers' Compensation Commission, including the roles of the Illinois Department of Central Management Services and the Illinois Attorney General, with respect to approval of awards paid to Menard Correctional Workers and Illinois Workers' Compensation Commission arbitrators;

(4) Whether procedures followed by the Commission, CMS, and the Attorney General's Office in processing workers' compensation claims of Menard Correctional Workers and Illinois Workers' Compensation Commission arbitrators comply with applicable State laws and administrative regulations;

(5) Whether appropriate safeguards are in place to mitigate against payment of taxpayer dollars for improper or fraudulent workers' compensation claims; and

(6) Whether procedures necessary to ensure public transparency and accountability were implemented with respect to the processing of the workers' compensation claims of Menard Correctional Workers and arbitrators employed by the Commission; and be it further

RESOLVED, That the Illinois Workers' Compensation Commission and any other State agency, entity, or person that may have information relevant to this audit cooperate fully and promptly with the process; and be it further

RESOLVED, That the Auditor General commence this audit as soon as possible and report his findings and recommendations upon completion in accordance with the provisions of Section 3-14 of the Illinois State Auditing Act.