It used to be that when a workers’ compensation case was three or more years old, the Illinois Workers’ Compensation Commission would mark the call sheets in specific manner. A red line was drawn so that the older cases were below the red line and the cases that were not yet three years old were “above the red line.” Every three months, that red line would move, which would again signify the cases that were three or more years old.
According to the rules of the IWCC, an arbitrator could continue a case for up to three years. Once that time limit was passed, the case had to be set for trial by the arbitrator unless there was a written request that asked for it to be continued. Either party could submit such a request, but it had to be filed 15 days before a scheduled status call. All parties involved had to be served in that 15 days. If there was an objection to the filing asking for more time, it had to be received at least seven days before the status call.
In a status call, all the parties are required to appear. Should the petitioner not appear and did not submit a request asking for more time, the case will be dismissed. If all the provisions aren’t met for an extension of time, the case will be set for trial. If the petitioner doesn’t appear at the trial or provide good cause as to why he or she did not appear, the judge can dismiss the case. Should the respondent not appear, the arbitrator could hold an ex parte hearing.
Workers’ compensation cases are often very complex. If you have a dispute with how your claim was handled, an experienced attorney can help you determine your options.
Source: iwcc.il.gove, “What does it mean for a case to be above the red line?,” accessed Dec. 29, 2015
