Workers’ Compensation Law

(Raoul, D-Chicago) amends the Code of Civil Procedure create an enforcement mechanism for cases that settle but the defendant won’t comply with the settlement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 21 days of tender of all applicable documents required under this new Section. The procedure is as follows: (1) Requires a “settling defendant” to tender a release to the plaintiff within 14 days of written confirmation of the settlement. If the law requires court approval of a settlement, the plaintiff must tender to the defendant a copy of the court order approving the settlement. (2) If there is a known third-party right of recovery or subrogation interest, the plaintiff may protect the third-party’s right of recovery or subrogation interest by tendering to the defendant: (a) A signed release of the attorney’s lien. (b) Any of the following: (i) a signed release of a healthcare-provider lien; (ii) a letter from the plaintiff’s attorney agreeing to hold the full amount of the claimed lien in his or her client-fund account pending final resolution of the lien amount; or (iii) an offer that the defendant hold the full amount of the claimed right of recovery pending final resolution of the amount of the right of recovery. (c) Any of the following: (i) documentation of the agreement between the plaintiff and Medicare, the Centers for Medicare and Medicaid Services, the Illinois Department of Healthcare and Family Services, or the private health insurance company as to the amount of the settlement that will be accepted in satisfaction of right of recovery; (ii) a letter from the plaintiff’s attorney agreeing to hold the full amount of the claimed right to recovery in his or her client-fund account pending final resolution of the amount of the right to recovery; or (iii) an offer that the defendant hold the full amount of the claimed right to recovery pending final resolution of the amount of the right of recovery. (3) If the applicable court finds after a hearing that timely payment has not been made under this Section, judgment must be entered against that defendant for the amount in the executed release, costs incurred in obtaining the judgment, and 9% interest from the date of the plaintiff’s tender. (4) Senate Bill 1912 exempts units of local government, the State of Illinois, and state employees. Parties may agree to some other procedure if they wish. It passed the Senate yesterday and is in the House.

(Thapedi, D-Chicago) creates the Non-Recourse Civil Litigation Funding Act. Requires that all contracts for non-recourse civil litigation funding must meet specified criteria. The contract must allow the consumer to cancel the contract within five business days after the consumer receives the funds without penalty or further obligation. Specifies the notice requirements for contracts and sets requirements for fee calculations. Prohibits unregistered companies from doing these transactions with consumers. Requires the Department of Financial and Professional Regulation to consider certain criteria while making decisions regarding registration. The Department is to make and enforce reasonable rules and regulations as may be necessary to carry out the provisions of the Act. Just introduced.

(Cunningham, D-Chicago) requires a judge to have actively practiced law in Illinois for at least ten years before he or she can be elected or appointed an associate or circuit judge in Cook County. To be eligible for either office, a potential judge must have been certified as qualified to be a Judge or Associate Judge by at least five members of the Attorney Registration and Disciplinary Commission. Before a lawyer may run for nomination, election, or retention for any judgeship at any level in Cook County, the prior approval of the ARDC members is required. Retention of a judge will require a two-thirds vote (currently three-fifths). This retention change appears to affect all Illinois judges. Effective upon adoption and applies only to persons seeking election or appointment as a Judge or Associate Judge after the adoption of the Amendment. Just introduced.

(Cassidy, D-Chicago) is a proposed constitutional amendment that changes judicial retention for Supreme, Appellate, and Circuit Judges. It creates a Judicial Retention Commission in each Judicial District to evaluate the qualifications of Supreme and Appellate Court Judges seeking retention and creates a Judicial Retention Commission in each Judicial Circuit to determine the qualification for Judges for retention in the Circuit. If a judge is found to be unqualified by the applicable commission, the judge may seek retention in the general election. Judges that are found qualified are retained in office.