The days of walking over to the Illinois Workers’ Compensation Commission with a folder full of applications and requests for hearing are over! Electronic filing is in full swing and the transition has been smooth and relatively painless from a Petitioner’s perspective. The COMPFILE web portal now gives us the ability to file Applications, claim cases, file motions, submit settlement contracts for approval, file appearances, file petitions for review, and even submit briefs. The only thing you really need in addition to COMPFILE is Adobe Acrobat, and you should be locked, loaded and ready to file. The only issue I’ve run into is with 19(b) petitions and the inability to file in months when the claim does not appear on the Arbitrator’s call, but I expect that will be remedied in due time.
It is important to remember that when you initially file an Application for Adjustment of Claim via COMPFILE, you need to make sure that you provide written notice to the employer. The Commission requires that you upload proof of notice on the employer at the time you file the Application for Adjustment of Claim. The same goes for any motions in claims where defense counsel has not yet appeared. Be sure to notify the employer, and attach proof of that notice along with the motion when you file online. Once defense counsel has appeared on a claim, he or she will be notified via COMPFILE of any motions filed in the case. If you’re like me, you might want to make a courtesy phone call to advise opposing counsel while we’re still in the “honeymoon” phase of online filing.
My hope is that the Commission will eventually be in a position to conduct online hearings similar to the Social Security Administration’s Office of Disability Adjudication and Review. The COVID pandemic has resulted in the Administration offering online hearings via Microsoft Teams. All evidence must be submitted to the Administration online 5 business days in advance of any hearing. Unfortunately, the IWCC does not have the same level of funding that is enjoyed by the Social Security Administration, so online hearings may be a ways off. But in the meantime, let’s be thankful that our practices are being significantly streamlined by the implementation of COMPFILE. Kudos to Chairman Brennan and all the people who made this transition possible.