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90_SB0719
820 ILCS 305/8 from Ch. 48, par. 138.8
Amends the Workers' Compensation Act. Provides that, if
an employee previously sustained an injury resulting in
compensation for a percentage of partial disability under
specified provisions, that percentage of partial disability
shall be deducted from an award for a subsequent injury to
the same portion of the body. Provides that nothing in the
Act permits cumulative awards for partial disability under
specified provisions to exceed 500 weeks.
LRB9002608WHmg
LRB9002608WHmg
1 AN ACT to amend the Workers' Compensation Act by changing
2 Section 8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 changing Section 8 as follows:
7 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
8 Sec. 8. The amount of compensation which shall be paid
9 to the employee for an accidental injury not resulting in
10 death is:
11 (a) The employer shall provide and pay for all the
12 necessary first aid, medical and surgical services, and all
13 necessary medical, surgical and hospital services thereafter
14 incurred, limited, however, to that which is reasonably
15 required to cure or relieve from the effects of the
16 accidental injury. The employer shall also pay for treatment,
17 instruction and training necessary for the physical, mental
18 and vocational rehabilitation of the employee, including all
19 maintenance costs and expenses incidental thereto. If as a
20 result of the injury the employee is unable to be
21 self-sufficient the employer shall further pay for such
22 maintenance or institutional care as shall be required.
23 The employee may at any time elect to secure his own
24 physician, surgeon and hospital services at the employer's
25 expense, or,
26 Upon agreement between the employer and the employees, or
27 the employees' exclusive representative, and subject to the
28 approval of the Industrial Commission, the employer shall
29 maintain a list of physicians, to be known as a Panel of
30 Physicians, who are accessible to the employees. The employer
31 shall post this list in a place or places easily accessible
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1 to his employees. The employee shall have the right to make
2 an alternative choice of physician from such Panel if he is
3 not satisfied with the physician first selected. If, due to
4 the nature of the injury or its occurrence away from the
5 employer's place of business, the employee is unable to make
6 a selection from the Panel, the selection process from the
7 Panel shall not apply. The physician selected from the Panel
8 may arrange for any consultation, referral or other
9 specialized medical services outside the Panel at the
10 employer's expense. Provided that, in the event the
11 Commission shall find that a doctor selected by the employee
12 is rendering improper or inadequate care, the Commission may
13 order the employee to select another doctor certified or
14 qualified in the medical field for which treatment is
15 required. If the employee refuses to make such change the
16 Commission may relieve the employer of his obligation to pay
17 the doctor's charges from the date of refusal to the date of
18 compliance.
19 Every hospital, physician, surgeon or other person
20 rendering treatment or services in accordance with the
21 provisions of this Section shall upon written request furnish
22 full and complete reports thereof to, and permit their
23 records to be copied by, the employer, the employee or his
24 dependents, as the case may be, or any other party to any
25 proceeding for compensation before the Commission, or their
26 attorneys.
27 Notwithstanding the foregoing, the employer's liability
28 to pay for such medical services selected by the employee
29 shall be limited to:
30 (1) all first aid and emergency treatment; plus
31 (2) all medical, surgical and hospital services
32 provided by the physician, surgeon or hospital initially
33 chosen by the employee or by any other physician,
34 consultant, expert, institution or other provider of
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1 services recommended by said initial service provider or
2 any subsequent provider of medical services in the chain
3 of referrals from said initial service provider; plus
4 (3) all medical, surgical and hospital services
5 provided by any second physician, surgeon or hospital
6 subsequently chosen by the employee or by any other
7 physician, consultant, expert, institution or other
8 provider of services recommended by said second service
9 provider or any subsequent provider of medical services
10 in the chain of referrals from said second service
11 provider.
12 Thereafter the employer shall select and pay for all
13 necessary medical, surgical and hospital treatment and the
14 employee may not select a provider of medical services at the
15 employer's expense unless the employer agrees to such
16 selection. At any time the employee may obtain any medical
17 treatment he desires at his own expense. This paragraph shall
18 not affect the duty to pay for rehabilitation referred to
19 above.
20 When an employer and employee so agree in writing,
21 nothing in this Act prevents an employee whose injury or
22 disability has been established under this Act, from relying
23 in good faith, on treatment by prayer or spiritual means
24 alone, in accordance with the tenets and practice of a
25 recognized church or religious denomination, by a duly
26 accredited practitioner thereof, and having nursing services
27 appropriate therewith, without suffering loss or diminution
28 of the compensation benefits under this Act. However, the
29 employee shall submit to all physical examinations required
30 by this Act. The cost of such treatment and nursing care
31 shall be paid by the employee unless the employer agrees to
32 make such payment.
33 Where the accidental injury results in the amputation of
34 an arm, hand, leg or foot, or the enucleation of an eye, or
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1 the loss of any of the natural teeth, the employer shall
2 furnish an artificial of any such members lost or damaged in
3 accidental injury arising out of and in the course of
4 employment, and shall also furnish the necessary braces in
5 all proper and necessary cases. In cases of the loss of a
6 member or members by amputation, the employer shall, whenever
7 necessary, maintain in good repair, refit or replace the
8 artificial limbs during the lifetime of the employee. Where
9 the accidental injury accompanied by physical injury results
10 in damage to a denture, eye glasses or contact eye lenses, or
11 where the accidental injury results in damage to an
12 artificial member, the employer shall replace or repair such
13 denture, glasses, lenses, or artificial member.
14 The furnishing by the employer of any such services or
15 appliances is not an admission of liability on the part of
16 the employer to pay compensation.
17 The furnishing of any such services or appliances or the
18 servicing thereof by the employer is not the payment of
19 compensation.
20 (b) If the period of temporary total incapacity for work
21 lasts more than 3 working days, weekly compensation as
22 hereinafter provided shall be paid beginning on the 4th day
23 of such temporary total incapacity and continuing as long as
24 the total temporary incapacity lasts. In cases where the
25 temporary total incapacity for work continues for a period of
26 14 days or more from the day of the accident compensation
27 shall commence on the day after the accident.
28 1. The compensation rate for temporary total
29 incapacity under this paragraph (b) of this Section shall
30 be equal to 66 2/3% of the employee's average weekly wage
31 computed in accordance with Section 10, provided that it
32 shall be not less than the following amounts in the
33 following cases:
34 $100.90 in case of a single person;
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1 $105.50 in case of a married person with no
2 children;
3 $108.30 in case of one child;
4 $113.40 in case of 2 children;
5 $117.40 in case of 3 children;
6 $124.30 in case of 4 or more children;
7 nor exceed the employee's average weekly wage computed in
8 accordance with the provisions of Section 10, whichever
9 is less.
10 2. The compensation rate in all cases other than
11 for temporary total disability under this paragraph (b),
12 and other than for serious and permanent disfigurement
13 under paragraph (c) and other than for permanent partial
14 disability under subparagraph (2) of paragraph (d) or
15 under paragraph (e), of this Section shall be equal to 66
16 2/3% of the employee's average weekly wage computed in
17 accordance with the provisions of Section 10, provided
18 that it shall be not less than the following amounts in
19 the following cases:
20 $80.90 in case of a single person;
21 $83.20 in case of a married person with no
22 children;
23 $86.10 in case of one child;
24 $88.90 in case of 2 children;
25 $91.80 in case of 3 children;
26 $96.90 in case of 4 or more children;
27 nor exceed the employee's average weekly wage computed in
28 accordance with the provisions of Section 10, whichever
29 is less.
30 2.1. The compensation rate in all cases of serious
31 and permanent disfigurement under paragraph (c) and of
32 permanent partial disability under subparagraph (2) of
33 paragraph (d) or under paragraph (e) of this Section
34 shall be equal to 60% of the employee's average weekly
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1 wage computed in accordance with the provisions of
2 Section 10, provided that it shall be not less than the
3 following amounts in the following cases:
4 $80.90 in case of a single person;
5 $83.20 in case of a married person with no
6 children;
7 $86.10 in case of one child;
8 $88.90 in case of 2 children;
9 $91.80 in case of 3 children;
10 $96.90 in case of 4 or more children;
11 nor exceed the employee's average weekly wage computed in
12 accordance with the provisions of Section 10, whichever
13 is less.
14 3. As used in this Section the term "child" means a
15 child of the employee including any child legally adopted
16 before the accident or whom at the time of the accident
17 the employee was under legal obligation to support or to
18 whom the employee stood in loco parentis, and who at the
19 time of the accident was under 18 years of age and not
20 emancipated. The term "children" means the plural of
21 "child".
22 4. All weekly compensation rates provided under
23 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
24 Section shall be subject to the following limitations:
25 The maximum weekly compensation rate from July 1,
26 1975, except as hereinafter provided, shall be 100% of
27 the State's average weekly wage in covered industries
28 under the Unemployment Insurance Act, that being the wage
29 that most closely approximates the State's average weekly
30 wage.
31 The maximum weekly compensation rate, for the period
32 July 1, 1984, through June 30, 1987, except as
33 hereinafter provided, shall be $293.61. Effective July 1,
34 1987 and on July 1 of each year thereafter the maximum
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1 weekly compensation rate, except as hereinafter provided,
2 shall be determined as follows: if during the preceding
3 12 month period there shall have been an increase in the
4 State's average weekly wage in covered industries under
5 the Unemployment Insurance Act, the weekly compensation
6 rate shall be proportionately increased by the same
7 percentage as the percentage of increase in the State's
8 average weekly wage in covered industries under the
9 Unemployment Insurance Act during such period.
10 The maximum weekly compensation rate, for the period
11 January 1, 1981 through December 31, 1983, except as
12 hereinafter provided, shall be 100% of the State's
13 average weekly wage in covered industries under the
14 Unemployment Insurance Act in effect on January 1, 1981.
15 Effective January 1, 1984 and on January 1, of each year
16 thereafter the maximum weekly compensation rate, except
17 as hereinafter provided, shall be determined as follows:
18 if during the preceding 12 month period there shall have
19 been an increase in the State's average weekly wage in
20 covered industries under the Unemployment Insurance Act,
21 the weekly compensation rate shall be proportionately
22 increased by the same percentage as the percentage of
23 increase in the State's average weekly wage in covered
24 industries under the Unemployment Insurance Act during
25 such period.
26 From July 1, 1977 and thereafter such maximum weekly
27 compensation rate in death cases under Section 7, and
28 permanent total disability cases under paragraph (f) or
29 subparagraph 18 of paragraph (3) of this Section and for
30 temporary total disability under paragraph (b) of this
31 Section and for amputation of a member or enucleation of
32 an eye under paragraph (e) of this Section shall be
33 increased to 133-1/3% of the State's average weekly wage
34 in covered industries under the Unemployment Insurance
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1 Act.
2 4.1. Any provision herein to the contrary
3 notwithstanding, the weekly compensation rate for
4 compensation payments under subparagraph 18 of paragraph
5 (e) of this Section and under paragraph (f) of this
6 Section and under paragraph (a) of Section 7, shall in no
7 event be less than 50% of the State's average weekly wage
8 in covered industries under the Unemployment Insurance
9 Act.
10 4.2. Any provision to the contrary notwithstanding,
11 the total compensation payable under Section 7 shall not
12 exceed the greater of $250,000 or 20 years.
13 5. For the purpose of this Section this State's
14 average weekly wage in covered industries under the
15 Unemployment Insurance Act on July 1, 1975 is hereby
16 fixed at $228.16 per week and the computation of
17 compensation rates shall be based on the aforesaid
18 average weekly wage until modified as hereinafter
19 provided.
20 6. The Department of Employment Security of the
21 State shall on or before the first day of December, 1977,
22 and on or before the first day of June, 1978, and on the
23 first day of each December and June of each year
24 thereafter, publish the State's average weekly wage in
25 covered industries under the Unemployment Insurance Act
26 and the Industrial Commission shall on the 15th day of
27 January, 1978 and on the 15th day of July, 1978 and on
28 the 15th day of each January and July of each year
29 thereafter, post and publish the State's average weekly
30 wage in covered industries under the Unemployment
31 Insurance Act as last determined and published by the
32 Department of Employment Security. The amount when so
33 posted and published shall be conclusive and shall be
34 applicable as the basis of computation of compensation
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1 rates until the next posting and publication as
2 aforesaid.
3 7. The payment of compensation by an employer or
4 his insurance carrier to an injured employee shall not
5 constitute an admission of the employer's liability to
6 pay compensation.
7 (c) For any serious and permanent disfigurement to the
8 hand, head, face, neck, arm, leg below the knee or the chest
9 above the axillary line, the employee is entitled to
10 compensation for such disfigurement, the amount determined by
11 agreement at any time or by arbitration under this Act, at a
12 hearing not less than 6 months after the date of the
13 accidental injury, which amount shall not exceed 150 weeks at
14 the applicable rate provided in subparagraph 2.1 of paragraph
15 (b) of this Section.
16 No compensation is payable under this paragraph where
17 compensation is payable under paragraphs (d), (e) or (f) of
18 this Section.
19 A duly appointed member of a fire department in a city,
20 the population of which exceeds 200,000 according to the last
21 federal or State census, is eligible for compensation under
22 this paragraph only where such serious and permanent
23 disfigurement results from burns.
24 (d) 1. If, after the accidental injury has been
25 sustained, the employee as a result thereof becomes partially
26 incapacitated from pursuing his usual and customary line of
27 employment, he shall, except in cases compensated under the
28 specific schedule set forth in paragraph (e) of this Section,
29 receive compensation for the duration of his disability,
30 subject to the limitations as to maximum amounts fixed in
31 paragraph (b) of this Section, equal to 66-2/3% of the
32 difference between the average amount which he would be able
33 to earn in the full performance of his duties in the
34 occupation in which he was engaged at the time of the
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1 accident and the average amount which he is earning or is
2 able to earn in some suitable employment or business after
3 the accident.
4 2. If, as a result of the accident, the employee
5 sustains serious and permanent injuries not covered by
6 paragraphs (c) and (e) of this Section or having sustained
7 injuries covered by the aforesaid paragraphs (c) and (e), he
8 shall have sustained in addition thereto other injuries which
9 injuries do not incapacitate him from pursuing the duties of
10 his employment but which would disable him from pursuing
11 other suitable occupations, or which have otherwise resulted
12 in physical impairment; or if such injuries partially
13 incapacitate him from pursuing the duties of his usual and
14 customary line of employment but do not result in an
15 impairment of earning capacity, or having resulted in an
16 impairment of earning capacity, the employee elects to waive
17 his right to recover under the foregoing subparagraph 1 of
18 paragraph (d) of this Section then in any of the foregoing
19 events, he shall receive in addition to compensation for
20 temporary total disability under paragraph (b) of this
21 Section, compensation at the rate provided in subparagraph
22 2.1 of paragraph (b) of this Section for that percentage of
23 500 weeks that the partial disability resulting from the
24 injuries covered by this paragraph bears to total disability.
25 In computing the compensation to be paid to any employee
26 who, before the accident for which he or she claims
27 compensation, had previously sustained an injury resulting in
28 the payment of compensation for a percentage of partial
29 disability under this paragraph (d)2, that percentage of
30 partial disability shall be deducted from any award made
31 under this paragraph (d)2 for a subsequent injury to the same
32 portion of the body as was involved in the prior injury for
33 which compensation was paid; however, nothing in this Act
34 shall permit cumulative awards for compensation for partial
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1 disability under this paragraph (d)2 to exceed 500 weeks,
2 which shall constitute complete loss of use of the body as a
3 whole.
4 If the employee shall have sustained a fracture of one or
5 more vertebra or fracture of the skull, the amount of
6 compensation allowed under this Section shall be not less
7 than 6 weeks for a fractured skull and 6 weeks for each
8 fractured vertebra, and in the event the employee shall have
9 sustained a fracture of any of the following facial bones:
10 nasal, lachrymal, vomer, zygoma, maxilla, palatine or
11 mandible, the amount of compensation allowed under this
12 Section shall be not less than 2 weeks for each such
13 fractured bone, and for a fracture of each transverse process
14 not less than 3 weeks. In the event such injuries shall
15 result in the loss of a kidney, spleen or lung, the amount of
16 compensation allowed under this Section shall be not less
17 than 10 weeks for each such organ. Compensation awarded
18 under this subparagraph 2 shall not take into consideration
19 injuries covered under paragraphs (c) and (e) of this Section
20 and the compensation provided in this paragraph shall not
21 affect the employee's right to compensation payable under
22 paragraphs (b), (c) and (e) of this Section for the
23 disabilities therein covered.
24 (e) For accidental injuries in the following schedule,
25 the employee shall receive compensation for the period of
26 temporary total incapacity for work resulting from such
27 accidental injury, under subparagraph 1 of paragraph (b) of
28 this Section, and shall receive in addition thereto
29 compensation for a further period for the specific loss
30 herein mentioned, but shall not receive any compensation
31 under any other provisions of this Act. The following
32 listed amounts apply to either the loss of or the permanent
33 and complete loss of use of the member specified, such
34 compensation for the length of time as follows:
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1 1. Thumb-70 weeks.
2 2. First, or index finger-40 weeks.
3 3. Second, or middle finger-35 weeks.
4 4. Third, or ring finger-25 weeks.
5 5. Fourth, or little finger-20 weeks.
6 6. Great toe-35 weeks.
7 7. Each toe other than great toe-12 weeks.
8 8. The loss of the first or distal phalanx of the
9 thumb or of any finger or toe shall be considered to be
10 equal to the loss of one-half of such thumb, finger or
11 toe and the compensation payable shall be one-half of the
12 amount above specified. The loss of more than one
13 phalanx shall be considered as the loss of the entire
14 thumb, finger or toe. In no case shall the amount
15 received for more than one finger exceed the amount
16 provided in this schedule for the loss of a hand.
17 9. Hand-190 weeks. The loss of 2 or more digits,
18 or one or more phalanges of 2 or more digits, of a hand
19 may be compensated on the basis of partial loss of use of
20 a hand, provided, further, that the loss of 4 digits, or
21 the loss of use of 4 digits, in the same hand shall
22 constitute the complete loss of a hand.
23 10. Arm-235 weeks. Where an accidental injury
24 results in the amputation of an arm below the elbow, such
25 injury shall be compensated as a loss of an arm. Where
26 an accidental injury results in the amputation of an arm
27 above the elbow, compensation for an additional 15 weeks
28 shall be paid, except where the accidental injury results
29 in the amputation of an arm at the shoulder joint, or so
30 close to shoulder joint that an artificial arm cannot be
31 used, or results in the disarticulation of an arm at the
32 shoulder joint, in which case compensation for an
33 additional 65 weeks shall be paid.
34 11. Foot-155 weeks.
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1 12. Leg-200 weeks. Where an accidental injury
2 results in the amputation of a leg below the knee, such
3 injury shall be compensated as loss of a leg. Where an
4 accidental injury results in the amputation of a leg
5 above the knee, compensation for an additional 25 weeks
6 shall be paid, except where the accidental injury results
7 in the amputation of a leg at the hip joint, or so close
8 to the hip joint that an artificial leg cannot be used,
9 or results in the disarticulation of a leg at the hip
10 joint, in which case compensation for an additional 75
11 weeks shall be paid.
12 13. Eye-150 weeks. Where an accidental injury
13 results in the enucleation of an eye, compensation for an
14 additional 10 weeks shall be paid.
15 14. Loss of hearing of one ear-50 weeks; total and
16 permanent loss of hearing of both ears-200 weeks.
17 15. Testicle-50 weeks; both testicles-150 weeks.
18 16. For the permanent partial loss of use of a
19 member or sight of an eye, or hearing of an ear,
20 compensation during that proportion of the number of
21 weeks in the foregoing schedule provided for the loss of
22 such member or sight of an eye, or hearing of an ear,
23 which the partial loss of use thereof bears to the total
24 loss of use of such member, or sight of eye, or hearing
25 of an ear.
26 (a) Loss of hearing for compensation purposes
27 shall be confined to the frequencies of 1,000, 2,000
28 and 3,000 cycles per second. Loss of hearing ability
29 for frequency tones above 3,000 cycles per second
30 are not to be considered as constituting disability
31 for hearing.
32 (b) The percent of hearing loss, for purposes
33 of the determination of compensation claims for
34 occupational deafness, shall be calculated as the
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1 average in decibels for the thresholds of hearing
2 for the frequencies of 1,000, 2,000 and 3,000 cycles
3 per second. Pure tone air conduction audiometric
4 instruments, approved by nationally recognized
5 authorities in this field, shall be used for
6 measuring hearing loss. If the losses of hearing
7 average 30 decibels or less in the 3 frequencies,
8 such losses of hearing shall not then constitute any
9 compensable hearing disability. If the losses of
10 hearing average 85 decibels or more in the 3
11 frequencies, then the same shall constitute and be
12 total or 100% compensable hearing loss.
13 (c) In measuring hearing impairment, the
14 lowest measured losses in each of the 3 frequencies
15 shall be added together and divided by 3 to
16 determine the average decibel loss. For every
17 decibel of loss exceeding 30 decibels an allowance
18 of 1.82% shall be made up to the maximum of 100%
19 which is reached at 85 decibels.
20 (d) If a hearing loss is established to have
21 existed on July 1, 1975 by audiometric testing the
22 employer shall not be liable for the previous loss
23 so established nor shall he be liable for any loss
24 for which compensation has been paid or awarded.
25 (e) No consideration shall be given to the
26 question of whether or not the ability of an
27 employee to understand speech is improved by the use
28 of a hearing aid.
29 (f) No claim for loss of hearing due to
30 industrial noise shall be brought against an
31 employer or allowed unless the employee has been
32 exposed for a period of time sufficient to cause
33 permanent impairment to noise levels in excess of
34 the following:
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1 Sound Level DBA
2 Slow Response Hours Per Day
3 90 8
4 92 6
5 95 4
6 97 3
7 100 2
8 102 1-1/2
9 105 1
10 110 1/2
11 115 1/4
12 This subparagraph (f) shall not be applied in cases
13 of hearing loss resulting from trauma or explosion.
14 17. In computing the compensation to be paid to any
15 employee who, before the accident for which he claims
16 compensation, had before that time sustained an injury
17 resulting in the loss by amputation or partial loss by
18 amputation of any member, including hand, arm, thumb or
19 fingers, leg, foot or any toes, such loss or partial loss
20 of any such member shall be deducted from any award made
21 for the subsequent injury. For the permanent loss of use
22 or the permanent partial loss of use of any such member
23 or the partial loss of sight of an eye, for which
24 compensation has been paid, then such loss shall be taken
25 into consideration and deducted from any award for the
26 subsequent injury.
27 18. The specific case of loss of both hands, both
28 arms, or both feet, or both legs, or both eyes, or of any
29 two thereof, or the permanent and complete loss of the
30 use thereof, constitutes total and permanent disability,
31 to be compensated according to the compensation fixed by
32 paragraph (f) of this Section. These specific cases of
33 total and permanent disability do not exclude other
34 cases.
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1 Any employee who has previously suffered the loss or
2 permanent and complete loss of the use of any of such
3 members, and in a subsequent independent accident loses
4 another or suffers the permanent and complete loss of the
5 use of any one of such members the employer for whom the
6 injured employee is working at the time of the last
7 independent accident is liable to pay compensation only
8 for the loss or permanent and complete loss of the use of
9 the member occasioned by the last independent accident.
10 19. In a case of specific loss and the subsequent
11 death of such injured employee from other causes than
12 such injury leaving a widow, widower, or dependents
13 surviving before payment or payment in full for such
14 injury, then the amount due for such injury is payable to
15 the widow or widower and, if there be no widow or
16 widower, then to such dependents, in the proportion which
17 such dependency bears to total dependency.
18 Beginning July 1, 1980, and every 6 months thereafter,
19 the Commission shall examine the Second Injury Fund and when,
20 after deducting all advances or loans made to such Fund, the
21 amount therein is $500,000 then the amount required to be
22 paid by employers pursuant to paragraph (f) of Section 7
23 shall be reduced by one-half. When the Second Injury Fund
24 reaches the sum of $600,000 then the payments shall cease
25 entirely. However, when the Second Injury Fund has been
26 reduced to $400,000, payment of one-half of the amounts
27 required by paragraph (f) of Section 7 shall be resumed, in
28 the manner herein provided, and when the Second Injury Fund
29 has been reduced to $300,000, payment of the full amounts
30 required by paragraph (f) of Section 7 shall be resumed, in
31 the manner herein provided. The Commission shall make the
32 changes in payment effective by general order, and the
33 changes in payment become immediately effective for all cases
34 coming before the Commission thereafter either by settlement
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1 agreement or final order, irrespective of the date of the
2 accidental injury.
3 On August 1, 1996 and on February 1 and August 1 of each
4 subsequent year, the Commission shall examine the special
5 fund designated as the "Rate Adjustment Fund" and when, after
6 deducting all advances or loans made to said fund, the amount
7 therein is $4,000,000, the amount required to be paid by
8 employers pursuant to paragraph (f) of Section 7 shall be
9 reduced by one-half. When the Rate Adjustment Fund reaches
10 the sum of $5,000,000 the payment therein shall cease
11 entirely. However, when said Rate Adjustment Fund has been
12 reduced to $3,000,000 the amounts required by paragraph (f)
13 of Section 7 shall be resumed in the manner herein provided.
14 (f) In case of complete disability, which renders the
15 employee wholly and permanently incapable of work, or in the
16 specific case of total and permanent disability as provided
17 in subparagraph 18 of paragraph (e) of this Section,
18 compensation shall be payable at the rate provided in
19 subparagraph 2 of paragraph (b) of this Section for life.
20 An employee entitled to benefits under paragraph (f) of
21 this Section shall also be entitled to receive from the Rate
22 Adjustment Fund provided in paragraph (f) of Section 7 of the
23 supplementary benefits provided in paragraph (g) of this
24 Section 8.
25 If any employee who receives an award under this
26 paragraph afterwards returns to work or is able to do so, and
27 earns or is able to earn as much as before the accident,
28 payments under such award shall cease. If such employee
29 returns to work, or is able to do so, and earns or is able to
30 earn part but not as much as before the accident, such award
31 shall be modified so as to conform to an award under
32 paragraph (d) of this Section. If such award is terminated
33 or reduced under the provisions of this paragraph, such
34 employees have the right at any time within 30 months after
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1 the date of such termination or reduction to file petition
2 with the Commission for the purpose of determining whether
3 any disability exists as a result of the original accidental
4 injury and the extent thereof.
5 Disability as enumerated in subdivision 18, paragraph (e)
6 of this Section is considered complete disability.
7 If an employee who had previously incurred loss or the
8 permanent and complete loss of use of one member, through the
9 loss or the permanent and complete loss of the use of one
10 hand, one arm, one foot, one leg, or one eye, incurs
11 permanent and complete disability through the loss or the
12 permanent and complete loss of the use of another member, he
13 shall receive, in addition to the compensation payable by the
14 employer and after such payments have ceased, an amount from
15 the Second Injury Fund provided for in paragraph (f) of
16 Section 7, which, together with the compensation payable from
17 the employer in whose employ he was when the last accidental
18 injury was incurred, will equal the amount payable for
19 permanent and complete disability as provided in this
20 paragraph of this Section.
21 The custodian of the Second Injury Fund provided for in
22 paragraph (f) of Section 7 shall be joined with the employer
23 as a party respondent in the application for adjustment of
24 claim. The application for adjustment of claim shall state
25 briefly and in general terms the approximate time and place
26 and manner of the loss of the first member.
27 In its award the Commission or the Arbitrator shall
28 specifically find the amount the injured employee shall be
29 weekly paid, the number of weeks compensation which shall be
30 paid by the employer, the date upon which payments begin out
31 of the Second Injury Fund provided for in paragraph (f) of
32 Section 7 of this Act, the length of time the weekly payments
33 continue, the date upon which the pension payments commence
34 and the monthly amount of the payments. The Commission shall
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1 30 days after the date upon which payments out of the Second
2 Injury Fund have begun as provided in the award, and every
3 month thereafter, prepare and submit to the State Comptroller
4 a voucher for payment for all compensation accrued to that
5 date at the rate fixed by the Commission. The State
6 Comptroller shall draw a warrant to the injured employee
7 along with a receipt to be executed by the injured employee
8 and returned to the Commission. The endorsed warrant and
9 receipt is a full and complete acquittance to the Commission
10 for the payment out of the Second Injury Fund. No other
11 appropriation or warrant is necessary for payment out of the
12 Second Injury Fund. The Second Injury Fund is appropriated
13 for the purpose of making payments according to the terms of
14 the awards.
15 As of July 1, 1980 to July 1, 1982, all claims against
16 and obligations of the Second Injury Fund shall become claims
17 against and obligations of the Rate Adjustment Fund to the
18 extent there is insufficient money in the Second Injury Fund
19 to pay such claims and obligations. In that case, all
20 references to "Second Injury Fund" in this Section shall also
21 include the Rate Adjustment Fund.
22 (g) Every award for permanent total disability entered
23 by the Commission on and after July 1, 1965 under which
24 compensation payments shall become due and payable after the
25 effective date of this amendatory Act, and every award for
26 death benefits or permanent total disability entered by the
27 Commission on and after the effective date of this amendatory
28 Act shall be subject to annual adjustments as to the amount
29 of the compensation rate therein provided. Such adjustments
30 shall first be made on July 15, 1977, and all awards made and
31 entered prior to July 1, 1975 and on July 15 of each year
32 thereafter. In all other cases such adjustment shall be made
33 on July 15 of the second year next following the date of the
34 entry of the award and shall further be made on July 15
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1 annually thereafter. If during the intervening period from
2 the date of the entry of the award, or the last periodic
3 adjustment, there shall have been an increase in the State's
4 average weekly wage in covered industries under the
5 Unemployment Insurance Act, the weekly compensation rate
6 shall be proportionately increased by the same percentage as
7 the percentage of increase in the State's average weekly wage
8 in covered industries under the Unemployment Insurance Act.
9 The increase in the compensation rate under this paragraph
10 shall in no event bring the total compensation rate to an
11 amount greater than the prevailing maximum rate. Such
12 increase shall be paid in the same manner as herein provided
13 for payments under the Second Injury Fund to the injured
14 employee, or his dependents, as the case may be, out of the
15 Rate Adjustment Fund provided in paragraph (f) of Section 7
16 of this Act. Payments shall be made at the same intervals as
17 provided in the award or, at the option of the Commission,
18 may be made in quarterly payment on the 15th day of January,
19 April, July and October of each year. In the event of a
20 decrease in such average weekly wage there shall be no change
21 in the then existing compensation rate. The within paragraph
22 shall not apply to cases where there is disputed liability
23 and in which a compromise lump sum settlement between the
24 employer and the injured employee, or his dependents, as the
25 case may be, has been duly approved by the Industrial
26 Commission.
27 Provided, that in cases of awards entered by the
28 Commission for injuries occurring before July 1, 1975, the
29 increases in the compensation rate adjusted under the
30 foregoing provision of this paragraph (g) shall be limited to
31 increases in the State's average weekly wage in covered
32 industries under the Unemployment Insurance Act occurring
33 after July 1, 1975.
34 (h) In case death occurs from any cause before the total
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1 compensation to which the employee would have been entitled
2 has been paid, then in case the employee leaves any widow,
3 widower, child, parent (or any grandchild, grandparent or
4 other lineal heir or any collateral heir dependent at the
5 time of the accident upon the earnings of the employee to the
6 extent of 50% or more of total dependency) such compensation
7 shall be paid to the beneficiaries of the deceased employee
8 and distributed as provided in paragraph (g) of Section 7.
9 (h-1) In case an injured employee is under legal
10 disability at the time when any right or privilege accrues to
11 him or her under this Act, a guardian may be appointed
12 pursuant to law, and may, on behalf of such person under
13 legal disability, claim and exercise any such right or
14 privilege with the same effect as if the employee himself or
15 herself had claimed or exercised the right or privilege. No
16 limitations of time provided by this Act run so long as the
17 employee who is under legal disability is without a
18 conservator or guardian.
19 (i) In case the injured employee is under 16 years of
20 age at the time of the accident and is illegally employed,
21 the amount of compensation payable under paragraphs (b), (c),
22 (d), (e) and (f) of this Section is increased 50%.
23 However, where an employer has on file an employment
24 certificate issued pursuant to the Child Labor Law or work
25 permit issued pursuant to the Federal Fair Labor Standards
26 Act, as amended, or a birth certificate properly and duly
27 issued, such certificate, permit or birth certificate is
28 conclusive evidence as to the age of the injured minor
29 employee for the purposes of this Section.
30 Nothing herein contained repeals or amends the provisions
31 of the Child Labor Law relating to the employment of minors
32 under the age of 16 years.
33 (j) 1. In the event the injured employee receives
34 benefits, including medical, surgical or hospital benefits
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1 under any group plan covering non-occupational disabilities
2 contributed to wholly or partially by the employer, which
3 benefits should not have been payable if any rights of
4 recovery existed under this Act, then such amounts so paid to
5 the employee from any such group plan as shall be consistent
6 with, and limited to, the provisions of paragraph 2 hereof,
7 shall be credited to or against any compensation payment for
8 temporary total incapacity for work or any medical, surgical
9 or hospital benefits made or to be made under this Act. In
10 such event, the period of time for giving notice of
11 accidental injury and filing application for adjustment of
12 claim does not commence to run until the termination of such
13 payments. This paragraph does not apply to payments made
14 under any group plan which would have been payable
15 irrespective of an accidental injury under this Act. Any
16 employer receiving such credit shall keep such employee safe
17 and harmless from any and all claims or liabilities that may
18 be made against him by reason of having received such
19 payments only to the extent of such credit.
20 Any excess benefits paid to or on behalf of a State
21 employee by the State Employees' Retirement System under
22 Article 14 of the Illinois Pension Code on a death claim or
23 disputed disability claim shall be credited against any
24 payments made or to be made by the State of Illinois to or on
25 behalf of such employee under this Act, except for payments
26 for medical expenses which have already been incurred at the
27 time of the award. The State of Illinois shall directly
28 reimburse the State Employees' Retirement System to the
29 extent of such credit.
30 2. Nothing contained in this Act shall be construed to
31 give the employer or the insurance carrier the right to
32 credit for any benefits or payments received by the employee
33 other than compensation payments provided by this Act, and
34 where the employee receives payments other than compensation
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1 payments, whether as full or partial salary, group insurance
2 benefits, bonuses, annuities or any other payments, the
3 employer or insurance carrier shall receive credit for each
4 such payment only to the extent of the compensation that
5 would have been payable during the period covered by such
6 payment.
7 3. The extension of time for the filing of an
8 Application for Adjustment of Claim as provided in paragraph
9 1 above shall not apply to those cases where the time for
10 such filing had expired prior to the date on which payments
11 or benefits enumerated herein have been initiated or resumed.
12 Provided however that this paragraph 3 shall apply only to
13 cases wherein the payments or benefits hereinabove enumerated
14 shall be received after July 1, 1969.
15 (Source: P.A. 89-470, eff. 6-13-96.)