Illinois Agency Fighting Release of Workers’ Comp Settlement Details

May 26, 2011

The Illinois agency that processes workers’ compensation claims is challenging the state attorney general’s order that it release details tied to millions of dollars in settlements.

The Central Management Services filed a lawsuit in Cook County to block the release of records sought by the Belleville News-Democrat. Illinois Attorney General Lisa Madigan has ordered the records be made public.

At issue are millions of dollars in settlements paid to workers at the Menard Correctional Center in southwestern Illinois for alleged on-the-job injuries they say are tied to operating heavy cell-locking mechanisms.

The News-Democrat wants the records as part of its series of stories that expose possible abuses of Illinois’ workers’ compensation system. CMS argues it is allowed to withhold the information as proprietary.

The lawsuit was filed May 24 — the deadline for CMS to publicly disclose the records — and came the same day that a state lawmaker introduced a measure that would compel the agency to hand over the documents.

“CMS is not authorized to play by its own rules and make their own laws as they so choose,” Republican state Rep. Dwight Kay of Glen Carbon said. “This is all monkey business. This is simply foot-dragging, and they are trying to say it is OK.”

The medical information sought by the News-Democrat consists of 50 nerve-related tests considered a keystone of workers’ compensation claims and settlements for repetitive trauma made by about 230 prison guards at Menard and other employees since January 2008. The settlements, ranging from about $20,000 to $150,000, are paid by taxpayers.

CMS, represented by a Chicago-area law firm, filed a 31-page request for an administrative review, claiming the Madigan-created Public Access Counselor’s Office’s order for the release of the records “is against the manifest weight of evidence and is unsupported by law.”

CMS also argued that the Public Access Counselor’s Office missed a deadline when requesting a 21-day extension to acquire more data, making Madigan’s order for the records to be released non-binding.

Madigan will be given time to respond to the lawsuit.

Information from: Belleville News-Democrat

Topics Workers' Compensation Illinois

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