Sen. Kwame Raoul

Filed: 5/17/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 198

2    AMENDMENT NO. ______. Amend Senate Bill 198, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41 as follows:
 
5by replacing line 8 on page 48 through line 20 on page 49 with
6the following:
 
7    "(820 ILCS 305/8.1b)
8    Sec. 8.1b. Determination of permanent partial disability.
9For accidental injuries that occur on or after September 1,
102011, permanent partial disability shall be established using
11the following criteria:
12    (a) A physician licensed to practice medicine in all of its
13branches preparing a permanent partial disability impairment
14report shall report the level of impairment in writing. The
15report shall include an evaluation of medically defined and
16professionally appropriate measurements of impairment that

 

 

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1include, but are not limited to: loss of range of motion; loss
2of strength; measured atrophy of tissue mass consistent with
3the injury; and any other measurements that establish the
4nature and extent of the impairment. The most current edition
5of the American Medical Association's "Guides to the Evaluation
6of Permanent Impairment" shall be used by the physician in
7determining the level of impairment.
8    (b) In determining the level of permanent partial
9disability, the Commission shall base its determination on the
10following factors: (i) the reported level of impairment
11pursuant to subsection (a); (ii) the occupation of the injured
12employee; (iii) the age of the employee at the time of the
13injury; (iv) the employee's future earning capacity; and (v)
14evidence of disability corroborated by the treating medical
15records. No single enumerated factor shall be the sole
16determinant of disability. In determining the level of
17disability, the relevance and weight of any factors used in
18addition to the level of impairment as reported by the
19physician must be explained in a written order.
20    (c) A report of impairment prepared pursuant to subsection
21(a), if none is offered, is not required for an arbitrator or
22the Commission to make an award for permanent partial
23disability or permanent total disability benefits or any award
24for benefits under subsection (c) of Section 8 or subsection
25(d) of Section 8 of this Act or to approve a Settlement
26Contract Lump Sum Petition.

 

 

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1(Source: P.A. 97-18, eff. 6-28-11.)".