Is it possible to appeal the arbitrators decision?
Yes. The employee and employer both have the right to appeal a decision if dissatisfied with the arbitrator’s decision. In most cases, a panel of three Commissioners will review the Arbitrator’s decision. Either party can then appeal the Commissioner’s decision to the Circuit Court and, from there, to the industrial Commission Division of the Appellate Court. In some cases, further appeal may be taken to the Illinois Supreme Court.
Yes. The employee and the employer each have the right to appeal a decision if dissatisfied. A panel of three commissioners (usually called the Commission) will review the arbitrator’s decision, as well as the evidence and transcript of the trial. Both sides may submit written arguments to the Commission. The Commission will then conduct a hearing (called an oral argument) at which the parties may present a brief, 5-10 minute argument for their position. Within 60 days of that hearing, the Commission will issue its decision. While an appeal is pending, the employer does not have to pay the benefits awarded by the arbitrator. If the case is ultimately resolved completely in the worker’s favor, interest will be added to the award, based on governmental bond rates at the time of the decision. There is also a 1% per month interest charge on medical bills, payable to the medical provider. Commission decisions are final for cases involving employees of the State of Illinois.
