Berwyn, IL asked in Workers' Compensation for Illinois

Q: How are worker's comp levels rated? I keep seeing people saying they're level 2 or level 3, what does that mean?

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2 Lawyer Answers
Burton A. Padove
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Answered
  • Highland, IN
  • Licensed in Illinois

A: As far as I know, that number applies to the number of dependents as disability levels are based on percentages as opposed to an indication based ona numeric value.

Timothy J. Deffet
Timothy J. Deffet
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You may be hearing people speak of AMA impairment ratings as a result of the new amendments to the IL Work Comp Act.

This is from the IWCC website:

Commission issues guidance on AMA impairment ratings and PPD awards

The Commission has issued guidance to arbitrators regarding the use of American Medical Association impairment ratings in the determination of permanent partial disability awards.

"The Commission has become aware that the new Section 8.1b of the Act, which sets forth the standard for the determination of permanent partial disability, may be subject to a variety of different interpretations. The Commission discussed the new Section 8.1b at its last Commission meeting on November 17, 2011. The Commission was also presented with a memo prepared by Secretary of the Commission, Kimberly Janas, which discussed the possible interpretations of Section 8.1b.

The Commission voted unanimously to provide the following recommendations to the Arbitrators:

1. An impairment report is not required to be submitted by the parties with a settlement contract.

2. If an impairment rating is not entered into evidence, the Arbitrator is not precluded from entering a finding of disability.

The preceding two statements are simply provided as guidance of the Commission’s review of the new law and some current relevant arguments and interpretations and are not a rule of general applicability. Each Commissioner and Arbitrator should issue a decision that responds to the factual situation on review before them."

Illinois Workers’ Compensation Commission

100 W. Randolph, Suite 8-200

Chicago, IL 60601

312-814-6500

Pat Quinn, Governor Mitch Weisz, Chairman

www.iwcc.il.gov

MEMORANDUM

TO: Arbitrators at the Workers’ Compensation Commission

FROM: Chairman Mitch Weisz

RE: Section 8.1b of the Act – Permanent Partial Disability Awards

DATE: November 28, 2011

The Commission has become aware that the new Section 8.1b of the Act, which sets forth the standard

for the determination of permanent partial disability, may be subject to a variety of different

interpretations. The Commission discussed the new Section 8.1b at its last Commission meeting on

November 17, 2011. The Commission was also presented with a memo prepared by Secretary of the

Commission, Kimberly Janas, which discussed the possible interpretations of Section 8.1b.

The Commission voted unanimously to provide the following recommendations to the Arbitrators:

1. An impairment report is not required to be submitted by the parties with a settlement

contract.

2. If an impairment rating is not entered into evidence, the Arbitrator is not precluded from

entering a finding of disability.

The preceding two statements are simply provided as guidance of the Commission’s review of the new

law and some current relevant arguments and interpretations and are not a rule of general applicability.

Each Commissioner and Arbitrator should issue a decision that responds to the factual situation on

review before them.

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