30 fired workers' comp arbitrators still getting paychecks

Posted: 3:01am on Sep 14, 2011; Modified: 11:48am on Sep 14, 2011

The Illinois Workers' Compensation Commission arbitrators fired July 1 remain on the job under a provision in the new law and continue to draw a paycheck.

Despite their terms ending, the 30 arbitrators are on the state's payroll, continuing to serve until their successors are appointed, including John Dibble, the arbitrator who oversaw a majority of the repetitive trauma claims at Menard Correctional Center.

Dibble, of Freeburg, was placed on leave on Feb. 15 after the News-Democrat reported he received a $48,790 settlement for a repetitive trauma claim that initially was not made public. According to state records, Dibble said he received delayed onset carpal tunnel syndrome from falling on the steps of a building in Herrin where worker's comp hearings are held.

The Workers' Compensation Advisory Board, appointed by Gov. Pat Quinn this summer, is making its final recommendations for the governor, said Brie Callahan, Quinn's press secretary.

"The board has been interviewing existing arbitrators, as well as the numerous people around the state that have applied to serve as arbitrators if there are openings," Callahan said. "The board's recommendations will be sent to the governor soon, likely within the coming week. The governor will take their advice under advisement, and will then make final arbitrator appointments."

Rep. Dwight Kay, R-Glen Carbon, wants quick and careful selection of arbitrators.

"The intent of the bill was to ensure that there is no one in that job that doesn't improve the credibility of the system. To have anything less is not something that we can do," Kay said. "We need to replace people who make bad calls and replace them with the best and brightest."

Jennifer Carril, formerly known as Jennifer Teague, resigned from her arbitrator's job in July.

She had been on administrative leave since Feb. 15. Carril is accused of pushing for a quick resolution of her own repetitive trauma claim in exchange for holding a hearing on one of her scheduled furlough days.

On Aug. 11, Carril received a check for $17,564 -- $4,827 for her final salary payment and $12,737 for accumulated vacation time, according to the Illinois Comptroller's office.

Also continuing on the payroll are the five arbitrators who filed suit to retain their jobs -- Joseph V. Prieto, Richard Peterson, Peter Akemann, Gilberto Galicia and Kathleen Hagan. Hagan and Galicia each have had workers' comp claims.

Galicia, a Chicago area arbitrator, received $41,349 for a repetitive trauma settlement.

Hagan, who also works in Chicago, filed her fourth workers' compensation claim earlier this year, three days before the deadline. That case is pending. She has collected a total of $42,271 so far.

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