Where was Illinois Attorney General Lisa Madigan when the workers' compensation bill was being negotiated in the Legislature?

In a recent interview, Illinois Attorney General Lisa Madigan offered valid criticisms of the workers' compensation bill passed by the General Assembly and now awaiting Gov. Pat Quinn's signature.

So where was the attorney general when the specifics of the bill were being negotiated? Active on a variety of other issues, Madigan was an apparent non-participant during the long and sometimes contentious legislative debate over proposed changes to the workers' compensation law.

In comments with the Belleville News-Democrat, Madigan quite rightly pointed out that the proposed legislation ignores the law's biggest problem — causation.

In other words, how was the injury caused? Illinois law permits workers who were injured off the job — whether playing football or falling off a ladder while cleaning the gutters — to collect compensation if their work duties aggravate the off-work injury.

Given that almost incomprehensibly weak standard, Madigan said her office's effort to defend the state as an employer in injury cases is doomed. She said it is "very difficult to do, if not impossible."

In other words, the employer can't win. That's why taxpayers are paying a fortune in workers' compensation claims submitted by public employees and why private employers consider Illinois' business climate to be so hostile they go elsewhere.

Had Madigan chosen to be active on the issue, she could have had an impact. After all, she is a respected state official and her father is, of course, House Speaker Michael Madigan, perhaps the most important legislator involved in drafting the bill.

The issue of causation was a crucial part of the negotiations, but any change was vehemently opposed by labor unions and trial lawyers. The only dramatic change negotiators agreed on was reducing medical fees by 30 percent.

The Illinois Manufacturer's Association has reluctantly accepted the proposed legislation, concluding it's the best it can get. The Illinois Chamber of Commerce expressed disappointment with the final bill, but officially is neutral.

Madigan's participation in the debate would have been significant because she has credibility. Why she chose to remain silent is unclear, but her inaction was not in the public interest.

Madigan indicated that the workers' compensation bill contains improvements, but said that "to say we've reformed the workers' comp system is a gross overstatement." She's absolutely right, and it appears she's one of the reasons why.