820 ILCS 305/4a-1
The Self-Insurers Advisory Board is hereby established within the Commission for the purpose of providing for the continuation of workers' compensation and occupational disease benefits due and unpaid or interrupted due to the inability of an insolvent self-insurer as defined in subsection (d) of Section 4a-2 to meet its compensation obligations when the employers' financial resources, security deposit, guaranty agreements, surety agreements and excess insurance are either inadequate or not immediately accessible for the payment of benefits, and to review and recommend to the Chairman of the Commission the disposition of all initial and renewal applications to self-insure filed by private self-insurers under this Act and the Workers' Occupational Diseases Act
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(820 ILCS 305/4a-1)
(from Ch. 48, par. 138.4a-1)
Sec. 4a-1.
The Self-Insurers Advisory Board is hereby established
within the Commission for the purpose of providing for the continuation of
workers' compensation and occupational disease benefits due and unpaid or
interrupted due to the inability of an insolvent self-insurer as defined in
subsection (d) of Section 4a-2 to meet its compensation obligations when
the employers' financial resources, security deposit, guaranty agreements,
surety agreements and excess insurance are either inadequate or not
immediately accessible for the payment of benefits, and to review and
recommend to the Chairman of the Commission the disposition of all initial
and renewal applications to self-insure filed by private self-insurers
under this Act and the Workers' Occupational Diseases Act.
(Source: P.A. 85-1385.)
Notes of Decisions
Cited in 5
cases, 2006–2013 · leading case: Skokie Castings v. Illinois Insurance Guaranty Fund
Skokie Castings v. Illinois Insurance Guaranty Fund (2012)
“According to the Fund, where an employer has elected to self-insure under the Workers’ Compensation Act (see 820 ILCS 305/4(a)(1), (a)(2) (West 2004)) and its excess insurer becomes insolvent, the employer remains liable for payment of all obligations until it becomes insolvent,…”
Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund (2013)
“820 ILCS 305/4a-1, 4a-6 (West 2010) (creating the SIAB -32- and obliging it to “assume *** the outstanding workers’ compensation *** obligations of the insolvent self-insured”).”
Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund (2013)
“820 ILCS 305/4a-1, 4a-6 (West 2010) (creating the SIAB and obliging it to “assume *** the outstanding workers’ compensation *** obligations of the insolvent self-insured”).”
Elsbury v. Stann & Assoc. (2006)
“" 820 ILCS 305/4a-1 (West 1996). We thus reject the Treasurer's interpretation of the Act which would only protect monies received by the Insolvency Fund, thereby limiting employees' benefits and frustrating the purpose of the Act when a group risk pool becomes insolvent.”
Skokie Castings v. Illinois Ins. Guar. (2012)
“According to the Fund, where an employer has elected to self-insure under the Workers' Compensation Act (see 820 ILCS 305/4(a)(1), (a)(2) (West 2004)) and its excess insurer becomes insolvent, the employer remains liable for payment of all obligations until it becomes insolvent,…”
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