May 31, 2011

This spring, the Senate Republicans introduced a jobs recovery plan which offered up 30 specific proposals to revive the Illinois economy and avoid an economic "doomsday."

The centerpiece of the Republican plan was advancing workers' compensation reform. As a signal to employers of the importance of this issue, Senate Republican Leader Christine Radogno took the rare step of personally sitting on the working committee of Senators created to negotiate a reform bill. Radogno and the other Senate Republican appointee, small businessman Sen. Kyle McCarter prodded and pushed the other negotiators and interest groups to move forward on genuine reform.

In April, a strong reform bill, SB 1349 sponsored by Sen. McCarter, finally came to the floor of the Senate. In a telling moment of truth, the bill failed to pass when virtually all Senate Democrats voted their yellow "present" buttons. Their fear of voting either for or against the major reforms effectively killed the bill, but allowed them to claim they really supported reform.

In the following weeks business, labor, trial lawyers and medical providers returned to the negotiating table. Sen. Radogno continued her personal involvement, but ultimately it became clear that Democrats would always protect the special interests that profit from the current system, especially the litigation lobby.

Ultimately, the point of contention largely came down to the issue of "causation" – a commonsense requirement that would stipulate that in order to collect for a workplace injury, the workplace should actually be the cause of the injury.

Most business negotiators eventually agreed to more modest reforms. Many Senate Republicans elected to accept the compromise package as a first step in a long process. Recognizing the critical importance of the issue to employers, several Senate Republicans chose not to support the compromise package, signaling the need for stronger, more effective reforms.

After HB 1698, which contained the more modest changes, passed the Senate it ran aground in the House, where it initially failed by five votes. However, in the waning hours of May 31 the legislation was once again called for a vote. It passed and will now be sent to Gov. Pat Quinn for consideration.