HB0805sam002 93RD GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/31/2004

09300HB0805sam002 LRB093 05617 WGH 52003 a

AMENDMENT TO HOUSE BILL 805

AMENDMENT NO. ______. Amend House Bill 805 by replacing everything after the enacting clause with the following:

4		"Section 5. The Workers' Compensation Act is amended by
5		changing Sections 2, 4, 8, 10, and 19 and by adding Sections
6		8.1, 8.2, and 8.3 as follows:
7		(820 ILCS 305/2) (from Ch. 48, par. 138.2)
8		Sec. 2. An employer in this State, who does not come within
9		the classes enumerated by Section 3 of this Act, may elect to
10		provide and pay compensation for accidental injuries sustained
11		by himself or any employee, arising out of and in the course of
12		the employment according to the provisions of this Act, and
13		thereby relieve himself from any liability for the recovery of
14		damages, except as herein provided. The State of Illinois
15		hereby elects to provide and pay compensation according to the
16		provisions of this Act. For purposes of this Act, an injury
17		arises out of the employment if the injury occurred as a result
18		of a terrorist act. For purposes of this Section, "terrorist
19		act" means a violent act committed by one or more individuals
20		as part of an effort to coerce the civilian population of the
21		United States or to influence the policy or affect the conduct
22		of the United States Government.
23		(a) Election by any employer to provide and pay
24		compensation according to the provisions of this Act shall be

1		made by the employer filing notice of such election with the
2		Commission, or by insuring his liability to pay compensation
3		under this Act in some insurance carrier authorized, licensed
4		or permitted to do such insurance business in this State.
5		(b) Every employer within the provisions of this Act who
6		has elected to provide and pay compensation according to the
7		provisions of this Act by filing notice of such election with
8		the Commission, shall be bound thereby as to all his employees
9		until January 1st of the next succeeding year and for terms of
10		each year thereafter.
11		Any such employer who may have once elected, may elect not
12		to provide and pay the compensation herein provided for
13		accidents resulting in either injury or death and occurring
14		after the expiration of any such calendar year by filing notice
15		of such election with the Commission at least 60 days prior to
16		the expiration of any such calendar year, and by posting such
17		notice at a conspicuous place in the plant, shop, office, room
18		or place where such employee is employed, or by personal
19		service, in written or printed form, upon such employees, at
20		least 60 days prior to the expiration of any such calendar
21		year.
22		Every employer within the provisions of this Act who has
23		elected to provide and pay compensation according to the
24		provisions of this Act by insuring his liability to pay
25		compensation under this Act, as above provided, shall be bound
26		thereby as to all his employees until the date of expiration or
27		cancellation of such policy of insurance, or any renewal
28		thereof.
29		(c) In the event any employer mentioned in this section,
30		elects to provide and pay the compensation provided in this
31		Act, then every employee of such employer, as a part of his
32		contract of hiring or who may be employed at the time of the
33		taking effect of this Act and the acceptance of its provisions
34		by such employer, shall be deemed to have accepted all the

1		provisions of this Act and shall be bound thereby unless within
2		30 days after such hiring or after the taking effect of this
3		Act, and its acceptance by such employee, he shall file a
4		notice to the contrary with the Commission, whose duty it shall
5		be to immediately notify the employer, and until such notice to
6		the contrary is given to the employer, the measure of liability
7		of such employer shall be determined according to the
8		compensation provisions of this Act.
9		However, any employee may withdraw from the operation of
10		this Act, except those under Section 3, upon filing a written
11		notice of withdrawal at least 10 days prior to January 1st of
12		any year with the Commission, whose duty it shall be to
13		immediately notify such employer by registered mail, and, until
14		such notice to the contrary is given to such employer, the
15		measure of liability of such employer shall be determined
16		according to the compensation provisions of this Act.
17		(d) Any such employer or employee may, without prejudice to
18		any existing right or claim withdraw his election to reject
19		this Act by giving 30 days' written notice in such manner and
20		form as may be provided by the Commission.
21		(Source: P.A. 83-190.)
22		(820 ILCS 305/4) (from Ch. 48, par. 138.4)
23		Sec. 4. (a) Any employer, including but not limited to
24		general contractors and their subcontractors, who shall come
25		within the provisions of Section 3 of this Act, and any other
26		employer who shall elect to provide and pay the compensation
27		provided for in this Act shall:
28		(1) File with the Commission annually an application
29		for approval as a self-insurer which shall include a
30		current financial statement, and annually, thereafter, an
31		application for renewal of self-insurance, which shall
32		include a current financial statement. Said application
33		and financial statement shall be signed and sworn to by the

1		president or vice president and secretary or assistant
2		secretary of the employer if it be a corporation, or by all
3		of the partners, if it be a copartnership, or by the owner
4		if it be neither a copartnership nor a corporation. All
5		initial applications and all applications for renewal of
6		self-insurance must be submitted at least 60 days prior to
7		the requested effective date of self-insurance. An
8		employer may elect to provide and pay compensation as
9		provided for in this Act as a member of a group workers'
10		compensation pool under Article V 3/4 of the Illinois
11		Insurance Code. If an employer becomes a member of a group
12		workers' compensation pool, the employer shall not be
13		relieved of any obligations imposed by this Act.
14		If the sworn application and financial statement of
15		any such employer does not satisfy the Commission of the
16		financial ability of the employer who has filed it, the
17		Commission shall require such employer to,
18		(2) Furnish security, indemnity or a bond guaranteeing
19		the payment by the employer of the compensation provided
20		for in this Act, provided that any such employer whose
21		application and financial statement shall not have
22		satisfied the commission of his or her financial ability
23		and who shall have secured his liability in part by excess
24		liability insurance shall be required to furnish to the
25		Commission security, indemnity or bond guaranteeing his or
26		her payment up to the effective limits of the excess
27		coverage, or
28		(3) Insure his entire liability to pay such
29		compensation in some insurance carrier authorized,
30		licensed, or permitted to do such insurance business in
31		this State. Every policy of an insurance carrier, insuring
32		the payment of compensation under this Act shall cover all
33		the employees and the entire compensation liability of the
34		insured: Provided, however, that any employer may insure

1		his or her compensation liability with 2 or more insurance
2		carriers or may insure a part and qualify under subsection
3		1, 2, or 4 for the remainder of his or her liability to pay
4		such compensation, subject to the following two
5		provisions:
6		Firstly, the entire compensation liability of the
7		employer to employees working at or from one location
8		shall be insured in one such insurance carrier or shall
9		be self-insured, and
10		Secondly, the employer shall submit evidence
11		satisfactorily to the Commission that his or her entire
12		liability for the compensation provided for in this Act
13		will be secured. Any provisions in any policy, or in
14		any endorsement attached thereto, attempting to limit
15		or modify in any way, the liability of the insurance
16		carriers issuing the same except as otherwise provided
17		herein shall be wholly void.
18		Nothing herein contained shall apply to policies of
19		excess liability carriage secured by employers who
20		have been approved by the Commission as self-insurers,
21		or
22		(4) Make some other provision, satisfactory to the
23		Commission, for the securing of the payment of compensation
24		provided for in this Act, and
25		(5) Upon becoming subject to this Act and thereafter as
26		often as the Commission may in writing demand, file with
27		the Commission in form prescribed by it evidence of his or
28		her compliance with the provision of this Section.
29		(a-1) Regardless of its state of domicile or its principal
30		place of business, an employer shall make payments to its
31		insurance carrier or group self-insurance fund, where
32		applicable, based upon the premium rates of the situs where the
33		work or project is located in Illinois if:
34		(A) the employer is engaged primarily in the building

1		and construction industry; and
2		(B) subdivision (a)(3) of this Section applies to the
3		employer or the employer is a member of a group
4		self-insurance plan as defined in subsection (1) of Section
5		4a.
6		The Industrial Commission shall impose a penalty upon an
7		employer for violation of this subsection (a-1) if:
8		(i) the employer is given an opportunity at a hearing
9		to present evidence of its compliance with this subsection
10		(a-1); and
11		(ii) after the hearing, the Commission finds that the
12		employer failed to make payments upon the premium rates of
13		the situs where the work or project is located in Illinois.
14		The penalty shall not exceed $1,000 for each day of work
15		for which the employer failed to make payments upon the premium
16		rates of the situs where the work or project is located in
17		Illinois, but the total penalty shall not exceed $50,000 for
18		each project or each contract under which the work was
19		performed.
20		Any penalty under this subsection (a-1) must be imposed not
21		later than one year after the expiration of the applicable
22		limitation period specified in subsection (d) of Section 6 of
23		this Act. Penalties imposed under this subsection (a-1) shall
24		be deposited into the Industrial Commission Operations Fund, a
25		special fund that is created in the State treasury. Subject to
26		appropriation, moneys in the Fund shall be used solely for the
27		operations of the Industrial Commission.
28		(b) The sworn application and financial statement, or
29		security, indemnity or bond, or amount of insurance, or other
30		provisions, filed, furnished, carried, or made by the employer,
31		as the case may be, shall be subject to the approval of the
32		Commission.
33		Deposits under escrow agreements shall be cash, negotiable
34		United States government bonds or negotiable general

1		obligation bonds of the State of Illinois. Such cash or bonds
2		shall be deposited in escrow with any State or National Bank or
3		Trust Company having trust authority in the State of Illinois.
4		Upon the approval of the sworn application and financial
5		statement, security, indemnity or bond or amount of insurance,
6		filed, furnished or carried, as the case may be, the Commission
7		shall send to the employer written notice of its approval
8		thereof. The certificate of compliance by the employer with the
9		provisions of subparagraphs (2) and (3) of paragraph (a) of
10		this Section shall be delivered by the insurance carrier to the
11		Industrial Commission within five days after the effective date
12		of the policy so certified. The insurance so certified shall
13		cover all compensation liability occurring during the time that
14		the insurance is in effect and no further certificate need be
15		filed in case such insurance is renewed, extended or otherwise
16		continued by such carrier. The insurance so certified shall not
17		be cancelled or in the event that such insurance is not
18		renewed, extended or otherwise continued, such insurance shall
19		not be terminated until at least 10 days after receipt by the
20		Industrial Commission of notice of the cancellation or
21		termination of said insurance; provided, however, that if the
22		employer has secured insurance from another insurance carrier,
23		or has otherwise secured the payment of compensation in
24		accordance with this Section, and such insurance or other
25		security becomes effective prior to the expiration of the 10
26		days, cancellation or termination may, at the option of the
27		insurance carrier indicated in such notice, be effective as of
28		the effective date of such other insurance or security.
29		(c) Whenever the Commission shall find that any
30		corporation, company, association, aggregation of individuals,
31		reciprocal or interinsurers exchange, or other insurer
32		effecting workers' compensation insurance in this State shall
33		be insolvent, financially unsound, or unable to fully meet all
34		payments and liabilities assumed or to be assumed for

1		compensation insurance in this State, or shall practice a
2		policy of delay or unfairness toward employees in the
3		adjustment, settlement, or payment of benefits due such
4		employees, the Commission may after reasonable notice and
5		hearing order and direct that such corporation, company,
6		association, aggregation of individuals, reciprocal or
7		interinsurers exchange, or insurer, shall from and after a date
8		fixed in such order discontinue the writing of any such
9		workers' compensation insurance in this State. Subject to such
10		modification of the order as the Commission may later make on
11		review of the order, as herein provided, it shall thereupon be
12		unlawful for any such corporation, company, association,
13		aggregation of individuals, reciprocal or interinsurers
14		exchange, or insurer to effect any workers' compensation
15		insurance in this State. A copy of the order shall be served
16		upon the Director of Insurance by registered mail. Whenever the
17		Commission finds that any service or adjustment company used or
18		employed by a self-insured employer or by an insurance carrier
19		to process, adjust, investigate, compromise or otherwise
20		handle claims under this Act, has practiced or is practicing a
21		policy of delay or unfairness toward employees in the
22		adjustment, settlement or payment of benefits due such
23		employees, the Commission may after reasonable notice and
24		hearing order and direct that such service or adjustment
25		company shall from and after a date fixed in such order be
26		prohibited from processing, adjusting, investigating,
27		compromising or otherwise handling claims under this Act.
28		Whenever the Commission finds that any self-insured
29		employer has practiced or is practicing delay or unfairness
30		toward employees in the adjustment, settlement or payment of
31		benefits due such employees, the Commission may, after
32		reasonable notice and hearing, order and direct that after a
33		date fixed in the order such self-insured employer shall be
34		disqualified to operate as a self-insurer and shall be required

1		to insure his entire liability to pay compensation in some
2		insurance carrier authorized, licensed and permitted to do such
3		insurance business in this State, as provided in subparagraph 3
4		of paragraph (a) of this Section.
5		All orders made by the Commission under this Section shall
6		be subject to review by the courts, said review to be taken in
7		the same manner and within the same time as provided by Section
8		19 of this Act for review of awards and decisions of the
9		Commission, upon the party seeking the review filing with the
10		clerk of the court to which said review is taken a bond in an
11		amount to be fixed and approved by the court to which the
12		review is taken, conditioned upon the payment of all
13		compensation awarded against the person taking said review
14		pending a decision thereof and further conditioned upon such
15		other obligations as the court may impose. Upon the review the
16		Circuit Court shall have power to review all questions of fact
17		as well as of law. The penalty hereinafter provided for in this
18		paragraph shall not attach and shall not begin to run until the
19		final determination of the order of the Commission.
20		(d) Whenever the Commission determines an employer has
21		failed to provide coverage as required by paragraph (a) of this
22		Section, the failure shall be deemed an immediate serious
23		danger to public health, safety, and welfare sufficient to
24		justify service by the Commission of a work-stop order on such
25		employer, requiring the cessation of all business operations of
26		such employer at the place of employment or job site. Any law
27		enforcement agency in the State shall, at the request of the
28		Commission, render any assistance necessary to carry out the
29		provisions of this Section, including, but not limited to,
30		preventing any employee of such employer from remaining at a
31		place of employment or job site after a work-stop order has
32		taken effect.
33		Any individual employer, corporate officer or director of a
34		corporate employer, partner of an employer partnership, or

1		member of an employer limited liability company who knowingly
2		fails to provide coverage as required by paragraph (a) of this
3		Section is guilty of a Class 4 felony. Each day's violation
4		constitutes a separate offense. The State's Attorney of the
5		county in which the violation occurred, or the Attorney
6		General, shall bring such actions in the name of the People of
7		the State of Illinois, or may, in addition to other remedies
8		provided in this Section, bring an action for an injunction to
9		restrain the violation or to enjoin the operation of any such
10		employer.
11		Any individual employer, corporate officer or director of a
12		corporate employer, partner of an employer partnership, or
13		member of an employer limited liability company who negligently
14		fails to provide coverage as required by paragraph (a) of this
15		Section is guilty of a Class A misdemeanor. Each day's
16		violation constitutes a separate offense. The State's Attorney
17		of the county in which the violation occurred, or the Attorney
18		General, shall bring such actions in the name of the people of
19		the State of Illinois, or may, in addition to other remedies
20		provided in this Section, bring an action for an injunction to
21		restrain such violation or to enjoin the operation of any such
22		employer.
23		Employers who are subject to and who fail to comply with
24		this Section shall not be entitled to the benefits of this Act
25		during the period of noncompliance, but shall be liable in an
26		action under any other applicable law of this State. In the
27		action, such employer shall not avail himself or herself of the
28		defenses of assumption of risk or negligence or that the injury
29		was due to a co-employee. In the action, proof of the injury
30		shall constitute prima facie evidence of negligence on the part
31		of such employer and the burden shall be on such employer to
32		show freedom of negligence resulting in the injury. The
33		employer shall not join any other defendant in any such civil
34		action. Nothing in this amendatory Act of the 93rd General

1		Assembly shall affect the employee's rights under subdivision
2		(a)3 of Section 1 of this Act.
3		An employee of an uninsured employer, or the employee's
4		dependents in case death ensued, may, instead of proceeding
5		against the employer in a civil action in court, file an
6		application for adjustment of claim with the Commission in
7		accordance with the provisions of this Act and the Commission
8		shall hear and determine the application for adjustment of
9		claim in the manner in which other claims are heard and
10		determined before the Commission.
11		Upon a finding by the Commission, after reasonable notice
12		and hearing, of the knowing and wilful failure or refusal of an
13		employer to comply with any of the provisions of paragraph (a)
14		of this Section or the failure or refusal of an employer,
15		service or adjustment company, or an insurance carrier to
16		comply with any order of the Industrial Commission pursuant to
17		paragraph (c) of this Section disqualifying him or her to
18		operate as a self insurer and requiring him or her to insure
19		his or her liability, the Commission may assess a civil penalty
20		of up to $500 per day for each day of such failure or refusal
21		after the effective date of this amendatory Act of 1989. The
22		minimum penalty under this Section shall be the sum of $10,000.
23		Each day of such failure or refusal shall constitute a separate
24		offense. The Commission may assess the civil penalty personally
25		and individually against the corporate officers and directors
26		of a corporate employer, the partners of an employer
27		partnership, and the members of an employer limited liability
28		company, after a finding of a knowing and willful refusal or
29		failure of each such named corporate officer, director,
30		partner, or member to comply with this Section. The liability
31		for the assessed penalty shall be against the named employer
32		first, and if the named employer fails or refuses to pay the
33		penalty to the Commission within 30 days after the final order
34		of the Commission, then the named corporate officers,

1		directors, partners, or members who have been found to have
2		knowingly and willfully refused or failed to comply with this
3		Section shall be liable for the unpaid penalty or any unpaid
4		portion of the penalty. All penalties collected under this
5		Section shall be deposited in the Industrial Commission
6		Operations Fund.
7		Upon the failure or refusal of any employer, service or
8		adjustment company or insurance carrier to comply with the
9		provisions of this Section and with the orders of the
10		Commission under this Section, or the order of the court on
11		review after final adjudication, the Commission may bring a
12		civil action to recover the amount of the penalty in Cook
13		County or in Sangamon County in which litigation the Commission
14		shall be represented by the Attorney General. The Commission
15		shall send notice of its finding of non-compliance and
16		assessment of the civil penalty to the Attorney General. It
17		shall be the duty of the Attorney General within 30 days after
18		receipt of the notice, to institute prosecutions and promptly
19		prosecute all reported violations of this Section.
20		Any individual employer, corporate officer or director of a
21		corporate employer, partner of an employer partnership, or
22		member of an employer limited liability company who, with the
23		intent to avoid payment of compensation under this Act to an
24		injured employee or the employee's dependents, knowingly
25		transfers, sells, encumbers, assigns, or in any manner disposes
26		of, conceals, secretes, or destroys any property belonging to
27		the employer, officer, director, partner, or member, is guilty
28		of a Class 4 felony.
29		Penalties collected pursuant to this paragraph (d) shall be
30		deposited upon receipt by the Commission into a special fund
31		which shall be designated the Injured Workers Benefit Fund, of
32		which the State Treasurer is ex-officio custodian, such special
33		fund to be held and disbursed in accordance with this paragraph
34		(d) for the purposes hereinafter stated in this paragraph (d),

1		upon the final order of the Commission. The Injured Workers
2		Benefit Fund shall be deposited the same as are State funds and
3		any interest accruing thereon shall be added thereto every 6
4		months. The Injured Workers Benefit Fund is subject to audit
5		the same as State funds and accounts and is protected by the
6		general bond given by the State Treasurer. The Injured Workers
7		Benefit Fund is considered always appropriated for the purposes
8		of disbursements as provided in this paragraph, and shall be
9		paid out and disbursed as herein provided and shall not at any
10		time be appropriated or diverted to any other use or purpose.
11		Moneys in the Injured Workers Benefit Fund shall be used only
12		for payment of workers' compensation benefits for injured
13		employees when the employer has failed to provide coverage as
14		determined under this paragraph (d) and has failed to pay the
15		benefits due to the injured employee under this paragraph (d).
16		The Commission shall have the right to obtain reimbursement
17		from the employer for compensation obligations paid by the
18		Injured Workers Benefit Fund. Any such amounts obtained shall
19		be deposited by the Commission into the Injured Workers Benefit
20		Fund. If an injured employee or his or her personal
21		representative receives payment from the Injured Workers
22		Benefit Fund, the State of Illinois has the same rights under
23		paragraph (b) of Section 5 that the employer who failed to pay
24		the benefits due to the injured employee under this paragraph
25		(d) would have had if the employer had paid those benefits, and
26		any moneys recovered by the State as a result of the State's
27		exercise of its rights under paragraph (b) of Section 5 shall
28		be deposited into the Injured Workers Benefit Fund. The
29		custodian of the Injured Workers Benefit Fund shall be joined
30		with the employer as a party respondent in the application for
31		adjustment of claim. Payment from the Injured Workers Benefit
32		Fund to an eligible claimant at the end of the fiscal year that
33		the award became final shall discharge the obligations of the
34		Injured Workers Benefit Fund regarding the award entered by the

1		Commission.
2		The Commission shall hold all final awards determined in a
3		fiscal year to be made from the Fund in that fiscal year until
4		the end of the fiscal year, at which time the Commission shall
5		make disbursements on a pro-rata share basis only to the extent
6		of the available moneys in the Fund for that fiscal year.
7		(e) This Act shall not affect or disturb the continuance of
8		any existing insurance, mutual aid, benefit, or relief
9		association or department, whether maintained in whole or in
10		part by the employer or whether maintained by the employees,
11		the payment of benefits of such association or department being
12		guaranteed by the employer or by some person, firm or
13		corporation for him or her: Provided, the employer contributes
14		to such association or department an amount not less than the
15		full compensation herein provided, exclusive of the cost of the
16		maintenance of such association or department and without any
17		expense to the employee. This Act shall not prevent the
18		organization and maintaining under the insurance laws of this
19		State of any benefit or insurance company for the purpose of
20		insuring against the compensation provided for in this Act, the
21		expense of which is maintained by the employer. This Act shall
22		not prevent the organization or maintaining under the insurance
23		laws of this State of any voluntary mutual aid, benefit or
24		relief association among employees for the payment of
25		additional accident or sick benefits.
26		(f) No existing insurance, mutual aid, benefit or relief
27		association or department shall, by reason of anything herein
28		contained, be authorized to discontinue its operation without
29		first discharging its obligations to any and all persons
30		carrying insurance in the same or entitled to relief or
31		benefits therein.
32		(g) Any contract, oral, written or implied, of employment
33		providing for relief benefit, or insurance or any other device
34		whereby the employee is required to pay any premium or premiums

1		for insurance against the compensation provided for in this Act
2		shall be null and void. Any employer withholding from the wages
3		of any employee any amount for the purpose of paying any such
4		premium shall be guilty of a Class B misdemeanor.
5		In the event the employer does not pay the compensation for
6		which he or she is liable, then an insurance company,
7		association or insurer which may have insured such employer
8		against such liability shall become primarily liable to pay to
9		the employee, his or her personal representative or beneficiary
10		the compensation required by the provisions of this Act to be
11		paid by such employer. The insurance carrier may be made a
12		party to the proceedings in which the employer is a party and
13		an award may be entered jointly against the employer and the
14		insurance carrier.
15		(h) It shall be unlawful for any employer, insurance
16		company or service or adjustment company to interfere with,
17		restrain or coerce an employee in any manner whatsoever in the
18		exercise of the rights or remedies granted to him or her by
19		this Act or to discriminate, attempt to discriminate, or
20		threaten to discriminate against an employee in any way because
21		of his or her exercise of the rights or remedies granted to him
22		or her by this Act.
23		It shall be unlawful for any employer, individually or
24		through any insurance company or service or adjustment company,
25		to discharge or to threaten to discharge, or to refuse to
26		rehire or recall to active service in a suitable capacity an
27		employee because of the exercise of his or her rights or
28		remedies granted to him or her by this Act.
29		(i) If an employer elects to obtain a life insurance policy
30		on his employees, he may also elect to apply such benefits in
31		satisfaction of all or a portion of the death benefits payable
32		under this Act, in which case, the employer's compensation
33		premium shall be reduced accordingly.
34		(j) Within 45 days of receipt of an initial application or

1		application to renew self-insurance privileges the
2		Self-Insurers Advisory Board shall review and submit for
3		approval by the Chairman of the Commission recommendations of
4		disposition of all initial applications to self-insure and all
5		applications to renew self-insurance privileges filed by
6		private self-insurers pursuant to the provisions of this
7		Section and Section 4a-9 of this Act. Each private self-insurer
8		shall submit with its initial and renewal applications the
9		application fee required by Section 4a-4 of this Act.
10		The Chairman of the Commission shall promptly act upon all
11		initial applications and applications for renewal in full
12		accordance with the recommendations of the Board or, should the
13		Chairman disagree with any recommendation of disposition of the
14		Self-Insurer's Advisory Board, he shall within 30 days of
15		receipt of such recommendation provide to the Board in writing
16		the reasons supporting his decision. The Chairman shall also
17		promptly notify the employer of his decision within 15 days of
18		receipt of the recommendation of the Board.
19		If an employer is denied a renewal of self-insurance
20		privileges pursuant to application it shall retain said
21		privilege for 120 days after receipt of a notice of
22		cancellation of the privilege from the Chairman of the
23		Commission.
24		All orders made by the Chairman under this Section shall be
25		subject to review by the courts, such review to be taken in the
26		same manner and within the same time as provided by subsection
27		(f) of Section 19 of this Act for review of awards and
28		decisions of the Commission, upon the party seeking the review
29		filing with the clerk of the court to which such review is
30		taken a bond in an amount to be fixed and approved by the court
31		to which the review is taken, conditioned upon the payment of
32		all compensation awarded against the person taking such review
33		pending a decision thereof and further conditioned upon such
34		other obligations as the court may impose. Upon the review the

1		Circuit Court shall have power to review all questions of fact
2		as well as of law.
3		(Source: P.A. 91-375, eff. 1-1-00; 91-757, eff. 1-1-01; 92-324,
4		eff. 8-9-01.)
5		(820 ILCS 305/8) (from Ch. 48, par. 138.8)
6		Sec. 8. The amount of compensation which shall be paid to
7		the employee for an accidental injury not resulting in death
8		is:
9		(a) The employer shall provide and pay the lesser of the
10		health care provider's actual charges or the usual and
11		customary charges incurred, subject to Section 8.2, 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 accidental
16		injury. The employer shall also pay for treatment, instruction
17		and training necessary for the physical, mental and vocational
18		rehabilitation of the employee, including all maintenance
19		costs and expenses incidental thereto. If as a result of the
20		injury the employee is unable to be self-sufficient the
21		employer shall further pay for such maintenance or
22		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 to
32		his employees. The employee shall have the right to make an
33		alternative choice of physician from such Panel if he is not

1		satisfied with the physician first selected. If, due to the
2		nature of the injury or its occurrence away from the employer's
3		place of business, the employee is unable to make a selection
4		from the Panel, the selection process from the Panel shall not
5		apply. The physician selected from the Panel may arrange for
6		any consultation, referral or other specialized medical
7		services outside the Panel at the employer's expense. Provided
8		that, in the event the Commission shall find that a doctor
9		selected by the employee is rendering improper or inadequate
10		care, the Commission may order the employee to select another
11		doctor certified or qualified in the medical field for which
12		treatment is required. If the employee refuses to make such
13		change the Commission may relieve the employer of his
14		obligation to pay the doctor's charges from the date of refusal
15		to the date of compliance.
16		Any vocational rehabilitation counselors who provide
17		service under this Act shall have appropriate certifications
18		which designate the counselor as qualified to render opinions
19		relating to vocational rehabilitation. Vocational
20		rehabilitation may include, but is not limited to, counseling
21		for job searches, supervising a job search program, and
22		vocational retraining including education at an accredited
23		learning institution. The employee or employer may petition to
24		the Commission to decide disputes relating to vocational
25		rehabilitation and the Commission shall resolve any such
26		dispute, including payment of the vocational rehabilitation
27		program by the employer.
28		The maintenance benefit shall not be less than the
29		temporary total disability rate determined for the employee. In
30		addition, maintenance shall include costs and expenses
31		incidental to the vocational rehabilitation program.
32		When the employee is working light duty on a part-time
33		basis or full-time basis and earns less than he or she would be
34		earning if employed in the full capacity of the job or jobs,

1		then the employee shall be entitled to temporary partial
2		disability benefits. Temporary partial disability benefits
3		shall be equal to two-thirds of the difference between the
4		average amount that the employee would be able to earn in the
5		full performance of his or her duties in the occupation in
6		which he or she was engaged at the time of accident and the net
7		amount which he or she is earning in the modified job provided
8		to the employee by the employer or in any other job that the
9		employee is working.
10		Every hospital, physician, surgeon or other person
11		rendering treatment or services in accordance with the
12		provisions of this Section shall upon written request furnish
13		full and complete reports thereof to, and permit their records
14		to be copied by, the employer, the employee or his dependents,
15		as the case may be, or any other party to any proceeding for
16		compensation before the Commission, or their attorneys.
17		Notwithstanding the foregoing, the employer's liability to
18		pay for such medical services selected by the employee shall be
19		limited to:
20		(1) all first aid and emergency treatment; plus
21		(2) all medical, surgical and hospital services
22		provided by the physician, surgeon or hospital initially
23		chosen by the employee or by any other physician,
24		consultant, expert, institution or other provider of
25		services recommended by said initial service provider or
26		any subsequent provider of medical services in the chain of
27		referrals from said initial service provider; plus
28		(3) all medical, surgical and hospital services
29		provided by any second physician, surgeon or hospital
30		subsequently chosen by the employee or by any other
31		physician, consultant, expert, institution or other
32		provider of services recommended by said second service
33		provider or any subsequent provider of medical services in
34		the chain of referrals from said second service provider.

1		Thereafter the employer shall select and pay for all
2		necessary medical, surgical and hospital treatment and the
3		employee may not select a provider of medical services at
4		the employer's expense unless the employer agrees to such
5		selection. At any time the employee may obtain any medical
6		treatment he desires at his own expense. This paragraph
7		shall not affect the duty to pay for rehabilitation
8		referred to above.
9		When an employer and employee so agree in writing, nothing
10		in this Act prevents an employee whose injury or disability has
11		been established under this Act, from relying in good faith, on
12		treatment by prayer or spiritual means alone, in accordance
13		with the tenets and practice of a recognized church or
14		religious denomination, by a duly accredited practitioner
15		thereof, and having nursing services appropriate therewith,
16		without suffering loss or diminution of the compensation
17		benefits under this Act. However, the employee shall submit to
18		all physical examinations required by this Act. The cost of
19		such treatment and nursing care shall be paid by the employee
20		unless the employer agrees to make such payment.
21		Where the accidental injury results in the amputation of an
22		arm, hand, leg or foot, or the enucleation of an eye, or the
23		loss of any of the natural teeth, the employer shall furnish an
24		artificial of any such members lost or damaged in accidental
25		injury arising out of and in the course of employment, and
26		shall also furnish the necessary braces in all proper and
27		necessary cases. In cases of the loss of a member or members by
28		amputation, the employer shall, whenever necessary, maintain
29		in good repair, refit or replace the artificial limbs during
30		the lifetime of the employee. Where the accidental injury
31		accompanied by physical injury results in damage to a denture,
32		eye glasses or contact eye lenses, or where the accidental
33		injury results in damage to an artificial member, the employer
34		shall replace or repair such denture, glasses, lenses, or

1		artificial member.
2		The furnishing by the employer of any such services or
3		appliances is not an admission of liability on the part of the
4		employer to pay compensation.
5		The furnishing of any such services or appliances or the
6		servicing thereof by the employer is not the payment of
7		compensation.
8		(b) If the period of temporary total incapacity for work
9		lasts more than 3 working days, weekly compensation as
10		hereinafter provided shall be paid beginning on the 4th day of
11		such temporary total incapacity and continuing as long as the
12		total temporary incapacity lasts. In cases where the temporary
13		total incapacity for work continues for a period of 14 days or
14		more from the day of the accident compensation shall commence
15		on the day after the accident.
16		1. The compensation rate for temporary total
17		incapacity under this paragraph (b) of this Section shall
18		be equal to 66 2/3% of the employee's average weekly wage
19		computed in accordance with Section 10, provided that it
20		shall be not less than 66 2/3% of the sum of the Federal
21		minimum wage under the Fair Labor Standards Act, or the
22		Illinois minimum wage under the Minimum Wage Law, whichever
23		is more, multiplied by 40 hours. This percentage rate shall
24		be increased by 10% for each spouse and child, not to
25		exceed 100% of the total minimum wage calculation, the
26		following amounts in the following cases:
27		$100.90 in case of a single person;
28		$105.50 in case of a married person with no
29		children;
30		$108.30 in case of one child;
31		$113.40 in case of 2 children;
32		$117.40 in case of 3 children;
33		$124.30 in case of 4 or more children;
34		nor exceed the employee's average weekly wage computed in

1		accordance with the provisions of Section 10, whichever is
2		less.
3		2. The compensation rate in all cases other than for
4		temporary total disability under this paragraph (b), and
5		other than for serious and permanent disfigurement under
6		paragraph (c) and other than for permanent partial
7		disability under subparagraph (2) of paragraph (d) or under
8		paragraph (e), of this Section shall be equal to 66 2/3% of
9		the employee's average weekly wage computed in accordance
10		with the provisions of Section 10, provided that it shall
11		be not less than 66 2/3% of the sum of the Federal minimum
12		wage under the Fair Labor Standards Act, or the Illinois
13		minimum wage under the Minimum Wage Law, whichever is more,
14		multiplied by 40 hours. This percentage rate shall be
15		increased by 10% for each spouse and child, not to exceed
16		100% of the total minimum wage calculation, the following
17		amounts in the following cases:
18		$80.90 in case of a single person;
19		$83.20 in case of a married person with no
20		children;
21		$86.10 in case of one child;
22		$88.90 in case of 2 children;
23		$91.80 in case of 3 children;
24		$96.90 in case of 4 or more children;
25		nor exceed the employee's average weekly wage computed in
26		accordance with the provisions of Section 10, whichever is
27		less.
28		2.1. The compensation rate in all cases of serious and
29		permanent disfigurement under paragraph (c) and of
30		permanent partial disability under subparagraph (2) of
31		paragraph (d) or under paragraph (e) of this Section shall
32		be equal to 66 2/3% 60% of the employee's average weekly
33		wage computed in accordance with the provisions of Section
34		10, provided that it shall be not less than 66 2/3% of the

1		sum of the Federal minimum wage under the Fair Labor
2		Standards Act, or the Illinois minimum wage under the
3		Minimum Wage Law, whichever is more, multiplied by 40
4		hours. This percentage rate shall be increased by 10% for
5		each spouse and child, not to exceed 100% of the total
6		minimum wage calculation, the following amounts in the
7		following cases:
8		$80.90 in case of a single person;
9		$83.20 in case of a married person with no
10		children;
11		$86.10 in case of one child;
12		$88.90 in case of 2 children;
13		$91.80 in case of 3 children;
14		$96.90 in case of 4 or more children;
15		nor exceed the employee's average weekly wage computed in
16		accordance with the provisions of Section 10, whichever is
17		less.
18		3. As used in this Section the term "child" means a
19		child of the employee including any child legally adopted
20		before the accident or whom at the time of the accident the
21		employee was under legal obligation to support or to whom
22		the employee stood in loco parentis, and who at the time of
23		the accident was under 18 years of age and not emancipated.
24		The term "children" means the plural of "child".
25		4. All weekly compensation rates provided under
26		subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
27		Section shall be subject to the following limitations:
28		The maximum weekly compensation rate from July 1, 1975,
29		except as hereinafter provided, shall be 100% of the
30		State's average weekly wage in covered industries under the
31		Unemployment Insurance Act, that being the wage that most
32		closely approximates the State's average weekly wage.
33		The maximum weekly compensation rate, for the period
34		July 1, 1984, through June 30, 1987, except as hereinafter

1		provided, shall be $293.61. Effective July 1, 1987 and on
2		July 1 of each year thereafter the maximum weekly
3		compensation rate, except as hereinafter provided, shall
4		be determined as follows: if during the preceding 12 month
5		period there shall have been an increase in the State's
6		average weekly wage in covered industries under the
7		Unemployment Insurance Act, the weekly compensation rate
8		shall be proportionately increased by the same percentage
9		as the percentage of increase in the State's average weekly
10		wage in covered industries under the Unemployment
11		Insurance Act during such period.
12		The maximum weekly compensation rate, for the period
13		January 1, 1981 through December 31, 1983, except as
14		hereinafter provided, shall be 100% of the State's average
15		weekly wage in covered industries under the Unemployment
16		Insurance Act in effect on January 1, 1981. Effective
17		January 1, 1984 and on January 1, of each year thereafter
18		the maximum weekly compensation rate, except as
19		hereinafter provided, shall be determined as follows: if
20		during the preceding 12 month period there shall have been
21		an increase in the State's average weekly wage in covered
22		industries under the Unemployment Insurance Act, the
23		weekly compensation rate shall be proportionately
24		increased by the same percentage as the percentage of
25		increase in the State's average weekly wage in covered
26		industries under the Unemployment Insurance Act during
27		such period.
28		From July 1, 1977 and thereafter such maximum weekly
29		compensation rate in death cases under Section 7, and
30		permanent total disability cases under paragraph (f) or
31		subparagraph 18 of paragraph (3) of this Section and for
32		temporary total disability under paragraph (b) of this
33		Section and for amputation of a member or enucleation of an
34		eye under paragraph (e) of this Section shall be increased

1		to 133-1/3% of the State's average weekly wage in covered
2		industries under the Unemployment Insurance Act.
3		For injuries occurring on or after January 1, 2005, the
4		maximum weekly benefit under paragraph (d)1 of this Section
5		shall be 133-1/3% of the State's average weekly wage in
6		covered industries under the Unemployment Insurance Act.
7		4.1. Any provision herein to the contrary
8		notwithstanding, the weekly compensation rate for
9		compensation payments under subparagraph 18 of paragraph
10		(e) of this Section and under paragraph (f) of this Section
11		and under paragraph (a) of Section 7 and for amputation of
12		a member or enucleation of an eye under paragraph (e) of
13		this Section, shall in no event be less than 50% of the
14		State's average weekly wage in covered industries under the
15		Unemployment Insurance Act.
16		4.2. Any provision to the contrary notwithstanding,
17		the total compensation payable under Section 7 shall not
18		exceed the greater of $250,000 or 20 years.
19		5. For the purpose of this Section this State's average
20		weekly wage in covered industries under the Unemployment
21		Insurance Act on July 1, 1975 is hereby fixed at $228.16
22		per week and the computation of compensation rates shall be
23		based on the aforesaid average weekly wage until modified
24		as hereinafter provided.
25		6. The Department of Employment Security of the State
26		shall on or before the first day of December, 1977, and on
27		or before the first day of June, 1978, and on the first day
28		of each December and June of each year thereafter, publish
29		the State's average weekly wage in covered industries under
30		the Unemployment Insurance Act and the Industrial
31		Commission shall on the 15th day of January, 1978 and on
32		the 15th day of July, 1978 and on the 15th day of each
33		January and July of each year thereafter, post and publish
34		the State's average weekly wage in covered industries under

1		the Unemployment Insurance Act as last determined and
2		published by the Department of Employment Security. The
3		amount when so posted and published shall be conclusive and
4		shall be applicable as the basis of computation of
5		compensation rates until the next posting and publication
6		as aforesaid.
7		7. The payment of compensation by an employer or his
8		insurance carrier to an injured employee shall not
9		constitute an admission of the employer's liability to pay
10		compensation.
11		(c) For any serious and permanent disfigurement to the
12		hand, head, face, neck, arm, leg below the knee or the chest
13		above the axillary line, the employee is entitled to
14		compensation for such disfigurement, the amount determined by
15		agreement at any time or by arbitration under this Act, at a
16		hearing not less than 6 months after the date of the accidental
17		injury, which amount shall not exceed 150 weeks at the
18		applicable rate provided in subparagraph 2.1 of paragraph (b)
19		of this Section.
20		No compensation is payable under this paragraph where
21		compensation is payable under paragraphs (d), (e) or (f) of
22		this Section.
23		A duly appointed member of a fire department in a city, the
24		population of which exceeds 200,000 according to the last
25		federal or State census, is eligible for compensation under
26		this paragraph only where such serious and permanent
27		disfigurement results from burns.
28		(d) 1. If, after the accidental injury has been sustained,
29		the employee as a result thereof becomes partially
30		incapacitated from pursuing his usual and customary line of
31		employment, he shall, except in cases compensated under the
32		specific schedule set forth in paragraph (e) of this Section,
33		receive compensation for the duration of his disability,
34		subject to the limitations as to maximum amounts fixed in

1		paragraph (b) of this Section, equal to 66-2/3% of the
2		difference between the average amount which he would be able to
3		earn in the full performance of his duties in the occupation in
4		which he was engaged at the time of the accident and the
5		average amount which he is earning or is able to earn in some
6		suitable employment or business after the accident.
7		2. If, as a result of the accident, the employee sustains
8		serious and permanent injuries not covered by paragraphs (c)
9		and (e) of this Section or having sustained injuries covered by
10		the aforesaid paragraphs (c) and (e), he shall have sustained
11		in addition thereto other injuries which injuries do not
12		incapacitate him from pursuing the duties of his employment but
13		which would disable him from pursuing other suitable
14		occupations, or which have otherwise resulted in physical
15		impairment; or if such injuries partially incapacitate him from
16		pursuing the duties of his usual and customary line of
17		employment but do not result in an impairment of earning
18		capacity, or having resulted in an impairment of earning
19		capacity, the employee elects to waive his right to recover
20		under the foregoing subparagraph 1 of paragraph (d) of this
21		Section then in any of the foregoing events, he shall receive
22		in addition to compensation for temporary total disability
23		under paragraph (b) of this Section, compensation at the rate
24		provided in subparagraph 2.1 of paragraph (b) of this Section
25		for that percentage of 500 weeks that the partial disability
26		resulting from the injuries covered by this paragraph bears to
27		total disability. If the employee shall have sustained a
28		fracture of one or more vertebra or fracture of the skull, the
29		amount of compensation allowed under this Section shall be not
30		less than 6 weeks for a fractured skull and 6 weeks for each
31		fractured vertebra, and in the event the employee shall have
32		sustained a fracture of any of the following facial bones:
33		nasal, lachrymal, vomer, zygoma, maxilla, palatine or
34		mandible, the amount of compensation allowed under this Section

1		shall be not less than 2 weeks for each such fractured bone,
2		and for a fracture of each transverse process not less than 3
3		weeks. In the event such injuries shall result in the loss of a
4		kidney, spleen or lung, the amount of compensation allowed
5		under this Section shall be not less than 10 weeks for each
6		such organ. Compensation awarded under this subparagraph 2
7		shall not take into consideration injuries covered under
8		paragraphs (c) and (e) of this Section and the compensation
9		provided in this paragraph shall not affect the employee's
10		right to compensation payable under paragraphs (b), (c) and (e)
11		of this Section for the disabilities therein covered.
12		(e) For accidental injuries in the following schedule, the
13		employee shall receive compensation for the period of temporary
14		total incapacity for work resulting from such accidental
15		injury, under subparagraph 1 of paragraph (b) of this Section,
16		and shall receive in addition thereto compensation for a
17		further period for the specific loss herein mentioned, but
18		shall not receive any compensation under any other provisions
19		of this Act. The following listed amounts apply to either the
20		loss of or the permanent and complete loss of use of the member
21		specified, such compensation for the length of time as follows:
22		1. Thumb-70 weeks.
23		2. First, or index finger-40 weeks.
24		3. Second, or middle finger-35 weeks.
25		4. Third, or ring finger-25 weeks.
26		5. Fourth, or little finger-20 weeks.
27		6. Great toe-35 weeks.
28		7. Each toe other than great toe-12 weeks.
29		8. The loss of the first or distal phalanx of the thumb
30		or of any finger or toe shall be considered to be equal to
31		the loss of one-half of such thumb, finger or toe and the
32		compensation payable shall be one-half of the amount above
33		specified. The loss of more than one phalanx shall be
34		considered as the loss of the entire thumb, finger or toe.

1		In no case shall the amount received for more than one
2		finger exceed the amount provided in this schedule for the
3		loss of a hand.
4		9. Hand-190 weeks. The loss of 2 or more digits, or one
5		or more phalanges of 2 or more digits, of a hand may be
6		compensated on the basis of partial loss of use of a hand,
7		provided, further, that the loss of 4 digits, or the loss
8		of use of 4 digits, in the same hand shall constitute the
9		complete loss of a hand.
10		10. Arm-235 weeks. Where an accidental injury results
11		in the amputation of an arm below the elbow, such injury
12		shall be compensated as a loss of an arm. Where an
13		accidental injury results in the amputation of an arm above
14		the elbow, compensation for an additional 15 weeks shall be
15		paid, except where the accidental injury results in the
16		amputation of an arm at the shoulder joint, or so close to
17		shoulder joint that an artificial arm cannot be used, or
18		results in the disarticulation of an arm at the shoulder
19		joint, in which case compensation for an additional 65
20		weeks shall be paid.
21		11. Foot-155 weeks.
22		12. Leg-200 weeks. Where an accidental injury results
23		in the amputation of a leg below the knee, such injury
24		shall be compensated as loss of a leg. Where an accidental
25		injury results in the amputation of a leg above the knee,
26		compensation for an additional 25 weeks shall be paid,
27		except where the accidental injury results in the
28		amputation of a leg at the hip joint, or so close to the
29		hip joint that an artificial leg cannot be used, or results
30		in the disarticulation of a leg at the hip joint, in which
31		case compensation for an additional 75 weeks shall be paid.
32		13. Eye-150 weeks. Where an accidental injury results
33		in the enucleation of an eye, compensation for an
34		additional 10 weeks shall be paid.

1		14. Loss of hearing of one ear-50 weeks; total and
2		permanent loss of hearing of both ears-200 weeks.
3		15. Testicle-50 weeks; both testicles-150 weeks.
4		16. For the permanent partial loss of use of a member
5		or sight of an eye, or hearing of an ear, compensation
6		during that proportion of the number of weeks in the
7		foregoing schedule provided for the loss of such member or
8		sight of an eye, or hearing of an ear, which the partial
9		loss of use thereof bears to the total loss of use of such
10		member, or sight of eye, or hearing of an ear.
11		(a) Loss of hearing for compensation purposes
12		shall be confined to the frequencies of 1,000, 2,000
13		and 3,000 cycles per second. Loss of hearing ability
14		for frequency tones above 3,000 cycles per second are
15		not to be considered as constituting disability for
16		hearing.
17		(b) The percent of hearing loss, for purposes of
18		the determination of compensation claims for
19		occupational deafness, shall be calculated as the
20		average in decibels for the thresholds of hearing for
21		the frequencies of 1,000, 2,000 and 3,000 cycles per
22		second. Pure tone air conduction audiometric
23		instruments, approved by nationally recognized
24		authorities in this field, shall be used for measuring
25		hearing loss. If the losses of hearing average 30
26		decibels or less in the 3 frequencies, such losses of
27		hearing shall not then constitute any compensable
28		hearing disability. If the losses of hearing average 85
29		decibels or more in the 3 frequencies, then the same
30		shall constitute and be total or 100% compensable
31		hearing loss.
32		(c) In measuring hearing impairment, the lowest
33		measured losses in each of the 3 frequencies shall be
34		added together and divided by 3 to determine the

1		average decibel loss. For every decibel of loss
2		exceeding 30 decibels an allowance of 1.82% shall be
3		made up to the maximum of 100% which is reached at 85
4		decibels.
5		(d) If a hearing loss is established to have
6		existed on July 1, 1975 by audiometric testing the
7		employer shall not be liable for the previous loss so
8		established nor shall he be liable for any loss for
9		which compensation has been paid or awarded.
10		(e) No consideration shall be given to the question
11		of whether or not the ability of an employee to
12		understand speech is improved by the use of a hearing
13		aid.
14		(f) No claim for loss of hearing due to industrial
15		noise shall be brought against an employer or allowed
16		unless the employee has been exposed for a period of
17		time sufficient to cause permanent impairment to noise
18		levels in excess of the following:
30		This subparagraph (f) shall not be applied in cases of
31		hearing loss resulting from trauma or explosion.
32		17. In computing the compensation to be paid to any
33		employee who, before the accident for which he claims
34		compensation, had before that time sustained an injury

1		resulting in the loss by amputation or partial loss by
2		amputation of any member, including hand, arm, thumb or
3		fingers, leg, foot or any toes, such loss or partial loss
4		of any such member shall be deducted from any award made
5		for the subsequent injury. For the permanent loss of use or
6		the permanent partial loss of use of any such member or the
7		partial loss of sight of an eye, for which compensation has
8		been paid, then such loss shall be taken into consideration
9		and deducted from any award for the subsequent injury.
10		18. The specific case of loss of both hands, both arms,
11		or both feet, or both legs, or both eyes, or of any two
12		thereof, or the permanent and complete loss of the use
13		thereof, constitutes total and permanent disability, to be
14		compensated according to the compensation fixed by
15		paragraph (f) of this Section. These specific cases of
16		total and permanent disability do not exclude other cases.
17		Any employee who has previously suffered the loss or
18		permanent and complete loss of the use of any of such
19		members, and in a subsequent independent accident loses
20		another or suffers the permanent and complete loss of the
21		use of any one of such members the employer for whom the
22		injured employee is working at the time of the last
23		independent accident is liable to pay compensation only for
24		the loss or permanent and complete loss of the use of the
25		member occasioned by the last independent accident.
26		19. In a case of specific loss and the subsequent death
27		of such injured employee from other causes than such injury
28		leaving a widow, widower, or dependents surviving before
29		payment or payment in full for such injury, then the amount
30		due for such injury is payable to the widow or widower and,
31		if there be no widow or widower, then to such dependents,
32		in the proportion which such dependency bears to total
33		dependency.
34		Beginning July 1, 1980, and every 6 months thereafter, the

1		Commission shall examine the Second Injury Fund and when, after
2		deducting all advances or loans made to such Fund, the amount
3		therein is $500,000 then the amount required to be paid by
4		employers pursuant to paragraph (f) of Section 7 shall be
5		reduced by one-half. When the Second Injury Fund reaches the
6		sum of $600,000 then the payments shall cease entirely.
7		However, when the Second Injury Fund has been reduced to
8		$400,000, payment of one-half of the amounts required by
9		paragraph (f) of Section 7 shall be resumed, in the manner
10		herein provided, and when the Second Injury Fund has been
11		reduced to $300,000, payment of the full amounts required by
12		paragraph (f) of Section 7 shall be resumed, in the manner
13		herein provided. The Commission shall make the changes in
14		payment effective by general order, and the changes in payment
15		become immediately effective for all cases coming before the
16		Commission thereafter either by settlement agreement or final
17		order, irrespective of the date of the accidental injury.
18		On August 1, 1996 and on February 1 and August 1 of each
19		subsequent year, the Commission shall examine the special fund
20		designated as the "Rate Adjustment Fund" and when, after
21		deducting all advances or loans made to said fund, the amount
22		therein is $4,000,000, the amount required to be paid by
23		employers pursuant to paragraph (f) of Section 7 shall be
24		reduced by one-half. When the Rate Adjustment Fund reaches the
25		sum of $5,000,000 the payment therein shall cease entirely.
26		However, when said Rate Adjustment Fund has been reduced to
27		$3,000,000 the amounts required by paragraph (f) of Section 7
28		shall be resumed in the manner herein provided.
29		(f) In case of complete disability, which renders the
30		employee wholly and permanently incapable of work, or in the
31		specific case of total and permanent disability as provided in
32		subparagraph 18 of paragraph (e) of this Section, compensation
33		shall be payable at the rate provided in subparagraph 2 of
34		paragraph (b) of this Section for life.

1		An employee entitled to benefits under paragraph (f) of
2		this Section shall also be entitled to receive from the Rate
3		Adjustment Fund provided in paragraph (f) of Section 7 of the
4		supplementary benefits provided in paragraph (g) of this
5		Section 8.
6		If any employee who receives an award under this paragraph
7		afterwards returns to work or is able to do so, and earns or is
8		able to earn as much as before the accident, payments under
9		such award shall cease. If such employee returns to work, or is
10		able to do so, and earns or is able to earn part but not as much
11		as before the accident, such award shall be modified so as to
12		conform to an award under paragraph (d) of this Section. If
13		such award is terminated or reduced under the provisions of
14		this paragraph, such employees have the right at any time
15		within 30 months after the date of such termination or
16		reduction to file petition with the Commission for the purpose
17		of determining whether any disability exists as a result of the
18		original accidental injury and the extent thereof.
19		Disability as enumerated in subdivision 18, paragraph (e)
20		of this Section is considered complete disability.
21		If an employee who had previously incurred loss or the
22		permanent and complete loss of use of one member, through the
23		loss or the permanent and complete loss of the use of one hand,
24		one arm, one foot, one leg, or one eye, incurs permanent and
25		complete disability through the loss or the permanent and
26		complete loss of the use of another member, he shall receive,
27		in addition to the compensation payable by the employer and
28		after such payments have ceased, an amount from the Second
29		Injury Fund provided for in paragraph (f) of Section 7, which,
30		together with the compensation payable from the employer in
31		whose employ he was when the last accidental injury was
32		incurred, will equal the amount payable for permanent and
33		complete disability as provided in this paragraph of this
34		Section.

1		The custodian of the Second Injury Fund provided for in
2		paragraph (f) of Section 7 shall be joined with the employer as
3		a party respondent in the application for adjustment of claim.
4		The application for adjustment of claim shall state briefly and
5		in general terms the approximate time and place and manner of
6		the loss of the first member.
7		In its award the Commission or the Arbitrator shall
8		specifically find the amount the injured employee shall be
9		weekly paid, the number of weeks compensation which shall be
10		paid by the employer, the date upon which payments begin out of
11		the Second Injury Fund provided for in paragraph (f) of Section
12		7 of this Act, the length of time the weekly payments continue,
13		the date upon which the pension payments commence and the
14		monthly amount of the payments. The Commission shall 30 days
15		after the date upon which payments out of the Second Injury
16		Fund have begun as provided in the award, and every month
17		thereafter, prepare and submit to the State Comptroller a
18		voucher for payment for all compensation accrued to that date
19		at the rate fixed by the Commission. The State Comptroller
20		shall draw a warrant to the injured employee along with a
21		receipt to be executed by the injured employee and returned to
22		the Commission. The endorsed warrant and receipt is a full and
23		complete acquittance to the Commission for the payment out of
24		the Second Injury Fund. No other appropriation or warrant is
25		necessary for payment out of the Second Injury Fund. The Second
26		Injury Fund is appropriated for the purpose of making payments
27		according to the terms of the awards.
28		As of July 1, 1980 to July 1, 1982, all claims against and
29		obligations of the Second Injury Fund shall become claims
30		against and obligations of the Rate Adjustment Fund to the
31		extent there is insufficient money in the Second Injury Fund to
32		pay such claims and obligations. In that case, all references
33		to "Second Injury Fund" in this Section shall also include the
34		Rate Adjustment Fund.

1		(g) Every award for permanent total disability entered by
2		the Commission on and after July 1, 1965 under which
3		compensation payments shall become due and payable after the
4		effective date of this amendatory Act, and every award for
5		death benefits or permanent total disability entered by the
6		Commission on and after the effective date of this amendatory
7		Act shall be subject to annual adjustments as to the amount of
8		the compensation rate therein provided. Such adjustments shall
9		first be made on July 15, 1977, and all awards made and entered
10		prior to July 1, 1975 and on July 15 of each year thereafter.
11		In all other cases such adjustment shall be made on July 15 of
12		the second year next following the date of the entry of the
13		award and shall further be made on July 15 annually thereafter.
14		If during the intervening period from the date of the entry of
15		the award, or the last periodic adjustment, there shall have
16		been an increase in the State's average weekly wage in covered
17		industries under the Unemployment Insurance Act, the weekly
18		compensation rate shall be proportionately increased by the
19		same percentage as the percentage of increase in the State's
20		average weekly wage in covered industries under the
21		Unemployment Insurance Act. The increase in the compensation
22		rate under this paragraph shall in no event bring the total
23		compensation rate to an amount greater than the prevailing
24		maximum rate. Such increase shall be paid in the same manner as
25		herein provided for payments under the Second Injury Fund to
26		the injured employee, or his dependents, as the case may be,
27		out of the Rate Adjustment Fund provided in paragraph (f) of
28		Section 7 of this Act. Payments shall be made at the same
29		intervals as provided in the award or, at the option of the
30		Commission, may be made in quarterly payment on the 15th day of
31		January, April, July and October of each year. In the event of
32		a decrease in such average weekly wage there shall be no change
33		in the then existing compensation rate. The within paragraph
34		shall not apply to cases where there is disputed liability and

1		in which a compromise lump sum settlement between the employer
2		and the injured employee, or his dependents, as the case may
3		be, has been duly approved by the Industrial Commission.
4		Provided, that in cases of awards entered by the Commission
5		for injuries occurring before July 1, 1975, the increases in
6		the compensation rate adjusted under the foregoing provision of
7		this paragraph (g) shall be limited to increases in the State's
8		average weekly wage in covered industries under the
9		Unemployment Insurance Act occurring after July 1, 1975.
10		(h) In case death occurs from any cause before the total
11		compensation to which the employee would have been entitled has
12		been paid, then in case the employee leaves any widow, widower,
13		child, parent (or any grandchild, grandparent or other lineal
14		heir or any collateral heir dependent at the time of the
15		accident upon the earnings of the employee to the extent of 50%
16		or more of total dependency) such compensation shall be paid to
17		the beneficiaries of the deceased employee and distributed as
18		provided in paragraph (g) of Section 7.
19		(h-1) In case an injured employee is under legal disability
20		at the time when any right or privilege accrues to him or her
21		under this Act, a guardian may be appointed pursuant to law,
22		and may, on behalf of such person under legal disability, claim
23		and exercise any such right or privilege with the same effect
24		as if the employee himself or herself had claimed or exercised
25		the right or privilege. No limitations of time provided by this
26		Act run so long as the employee who is under legal disability
27		is without a conservator or guardian.
28		(i) In case the injured employee is under 16 years of age
29		at the time of the accident and is illegally employed, the
30		amount of compensation payable under paragraphs (b), (c), (d),
31		(e) and (f) of this Section is increased 50%.
32		However, where an employer has on file an employment
33		certificate issued pursuant to the Child Labor Law or work
34		permit issued pursuant to the Federal Fair Labor Standards Act,

1		as amended, or a birth certificate properly and duly issued,
2		such certificate, permit or birth certificate is conclusive
3		evidence as to the age of the injured minor employee for the
4		purposes of this Section.
5		Nothing herein contained repeals or amends the provisions
6		of the Child Labor Law relating to the employment of minors
7		under the age of 16 years.
8		(j) 1. In the event the injured employee receives benefits,
9		including medical, surgical or hospital benefits under any
10		group plan covering non-occupational disabilities contributed
11		to wholly or partially by the employer, which benefits should
12		not have been payable if any rights of recovery existed under
13		this Act, then such amounts so paid to the employee from any
14		such group plan as shall be consistent with, and limited to,
15		the provisions of paragraph 2 hereof, shall be credited to or
16		against any compensation payment for temporary total
17		incapacity for work or any medical, surgical or hospital
18		benefits made or to be made under this Act. In such event, the
19		period of time for giving notice of accidental injury and
20		filing application for adjustment of claim does not commence to
21		run until the termination of such payments. This paragraph does
22		not apply to payments made under any group plan which would
23		have been payable irrespective of an accidental injury under
24		this Act. Any employer receiving such credit shall keep such
25		employee safe and harmless from any and all claims or
26		liabilities that may be made against him by reason of having
27		received such payments only to the extent of such credit.
28		Any excess benefits paid to or on behalf of a State
29		employee by the State Employees' Retirement System under
30		Article 14 of the Illinois Pension Code on a death claim or
31		disputed disability claim shall be credited against any
32		payments made or to be made by the State of Illinois to or on
33		behalf of such employee under this Act, except for payments for
34		medical expenses which have already been incurred at the time

1		of the award. The State of Illinois shall directly reimburse
2		the State Employees' Retirement System to the extent of such
3		credit.
4		2. Nothing contained in this Act shall be construed to give
5		the employer or the insurance carrier the right to credit for
6		any benefits or payments received by the employee other than
7		compensation payments provided by this Act, and where the
8		employee receives payments other than compensation payments,
9		whether as full or partial salary, group insurance benefits,
10		bonuses, annuities or any other payments, the employer or
11		insurance carrier shall receive credit for each such payment
12		only to the extent of the compensation that would have been
13		payable during the period covered by such payment.
14		3. The extension of time for the filing of an Application
15		for Adjustment of Claim as provided in paragraph 1 above shall
16		not apply to those cases where the time for such filing had
17		expired prior to the date on which payments or benefits
18		enumerated herein have been initiated or resumed. Provided
19		however that this paragraph 3 shall apply only to cases wherein
20		the payments or benefits hereinabove enumerated shall be
21		received after July 1, 1969.
22		(Source: P.A. 89-470, eff. 6-13-96.)
23		(820 ILCS 305/8.1 new)
24		Sec. 8.1. Ineligibility for benefits. Any person convicted
25		of insurance fraud related to workers' compensation shall be
26		subject to the penalties prescribed in Sections 46-1, 46-2,
27		46-3, and 46-6 of the Criminal Code of 1961. Any person
28		convicted of committing insurance fraud related to workers'
29		compensation pursuant to Section 46-1, 46-2, or 46-3 of the
30		Criminal Code of 1961 shall be ineligible to receive or retain
31		any compensation, disability, or medical benefits as defined in
32		this Act if the compensation, disability, or medical benefits
33		were owed or received as a result of a violation of Section

1		46-1, 46-2, or 46-3 of the Criminal Code of 1961 for which the
2		recipient of the compensation, disability, or medical benefit
3		was convicted.
4		(820 ILCS 305/8.2 new)
5		Sec. 8.2. Maximum allowable usual and customary charges;
6		payments.
7		(a) On and after January 1, 2005, the maximum allowable
8		usual and customary charge for procedures, treatments, or
9		services covered under this Act shall be 90% of the 80th
10		percentile of charges and fees as determined by the Commission
11		utilizing information provided by employers' and insurers'
12		national databases, with a minimum of 12,000,000 Illinois line
13		item charges and fees comprised of health care provider and
14		hospital charges and fees as of January 1, 2004. These charges
15		and fees shall be designated by geozip or any smaller
16		geographic unit. The data shall in no way identify or tend to
17		identify any patient, employer, or health care provider. As
18		used in this Section, "geozip" means a group of one or more
19		three-digit zip codes based on data similarities, geographical
20		similarities, and frequencies. A geozip does not cross state
21		boundaries. As used in this Section, "three-digit zip code"
22		means a geographic area in which all zip codes have the same
23		first 3 digits. The Commission has the authority to set the
24		maximum allowable usual and customary charges for procedures
25		not contained in the database in a manner consistent with the
26		provisions of this paragraph.
27		On January 1 in 2006 and each year thereafter, the maximum
28		allowable usual and customary charges established and in effect
29		on January 1, 2005 shall be automatically increased or
30		decreased annually by a percentage equal to the percentage
31		change in the Consumer Price Index-U determined during the
32		first quarter of the previous calendar year. As used in this
33		Section, "Consumer Price Index-U" means the index published by

1		the Bureau of Labor Statistics of the U.S. Department of Labor,
2		that measures the average change in prices of all goods and
3		services purchased by all urban consumers, U.S. city average,
4		all items, 1982-84=100.
5		(b) Notwithstanding the provisions of subsection (a), if
6		the Commission finds that there is a significant limitation on
7		access to quality health care in either a specific field of
8		health care services or a specific geographic limitation on
9		access to health care, it may change the Consumer Price Index-U
10		increase or decrease for that specific field or specific
11		geographic limitation on access to health care to address that
12		limitation.
13		(c) A health care provider shall not require, request, or
14		accept payment for the treatment, accommodations, products, or
15		services in excess of the maximum allowable usual and customary
16		charges established by the Commission.
17		(d) The employer or insurer shall make payment and
18		providers shall submit bills and records in accordance with the
19		provisions of this Section. All payments to providers for
20		treatment provided pursuant to this Act shall be made within 60
21		days of receipt of the bills. In the case of nonpayment to a
22		provider within 60 days of receipt of the bill for treatment
23		provided pursuant to this Act, the bill shall incur interest at
24		a rate of 1% per month.
25		(e) A provider shall not hold an employee liable for costs
26		related to care for service rendered in connection with a
27		compensable injury under this Act. A provider shall not bill or
28		otherwise attempt to recover from the employee the difference
29		between the provider's charge and the amount paid by the
30		employer or the insurer.
31		(f) Nothing in this Act shall prohibit an employer or
32		insurer from contracting with a health care provider or group
33		of health care providers for reimbursement levels different
34		from those provided in this Section.

1		(820 ILCS 305/8.3 new)
2		Sec. 8.3. Workers' Compensation Medical Fee Advisory
3		Board. There is created a Workers' Compensation Medical Fee
4		Advisory Board consisting of 9 members appointed by the
5		Governor with the advice and consent of the Senate. Three
6		members of the Advisory Board shall be representative citizens
7		chosen from the employee class, 3 members shall be
8		representative citizens chosen from the employing class, and 3
9		members shall be representative citizens chosen from the
10		medical provider class. Each member shall serve a 4-year term
11		and shall continue to serve until a successor is appointed. A
12		vacancy on the Advisory Board shall be filled by the Governor
13		for the unexpired term.
14		Members of the Advisory Board shall receive no compensation
15		for their services but shall be reimbursed for expenses
16		incurred in the performance of their duties by the Commission
17		from appropriations made to the Commission for that purpose.
18		The Advisory Board shall advise the Commission on
19		establishment of fees for medical services and accessibility of
20		medical treatment.
21		(820 ILCS 305/10) (from Ch. 48, par. 138.10)
22		Sec. 10. The basis for computing the compensation provided
23		for in Sections 7 and 8 of the Act shall be as follows:
24		The compensation shall be computed on the basis of the
25		"Average weekly wage" which shall mean the actual earnings of
26		the employee in the employment in which he was working at the
27		time of the injury during the period of 52 weeks ending with
28		the last day of the employee's last full pay period immediately
29		preceding the date of injury, illness or disablement, excluding
30		overtime, and bonus, divided by 52; but if the injured employee
31		lost 5 or more calendar days during such period, whether or not
32		in the same week, then the earnings for the remainder of such

1		52 weeks shall be divided by the number of weeks and parts
2		thereof remaining after the time so lost has been deducted.
3		Where the employment prior to the injury extended over a period
4		of less than 52 weeks, the method of dividing the earnings
5		during that period by the number of weeks and parts thereof
6		during which the employee actually earned wages shall be
7		followed. Where by reason of the shortness of the time during
8		which the employee has been in the employment of his employer
9		or of the casual nature or terms of the employment, it is
10		impractical to compute the average weekly wages as above
11		defined, regard shall be had to the average weekly amount which
12		during the 52 weeks previous to the injury, illness or
13		disablement was being or would have been earned by a person in
14		the same grade employed at the same work for each of such 52
15		weeks for the same number of hours per week by the same
16		employer. In the case of volunteer firemen, police and civil
17		defense members or trainees, the income benefits shall be based
18		on the average weekly wage in their regular employment. When
19		the employee is working concurrently with two or more employers
20		and the respondent employer has knowledge of such employment
21		prior to the injury, his wages from all such employers shall be
22		considered as if earned from the employer liable for
23		compensation.
24		(Source: P.A. 81-1482.)
25		(820 ILCS 305/19) (from Ch. 48, par. 138.19)
26		Sec. 19. Any disputed questions of law or fact shall be
27		determined as herein provided.
28		(a) It shall be the duty of the Commission upon
29		notification that the parties have failed to reach an
30		agreement, to designate an Arbitrator.
31		1. Whenever any claimant misconceives his remedy and
32		files an application for adjustment of claim under this Act
33		and it is subsequently discovered, at any time before final

1		disposition of such cause, that the claim for disability or
2		death which was the basis for such application should
3		properly have been made under the Workers' Occupational
4		Diseases Act, then the provisions of Section 19, paragraph
5		(a-1) of the Workers' Occupational Diseases Act having
6		reference to such application shall apply.
7		2. Whenever any claimant misconceives his remedy and
8		files an application for adjustment of claim under the
9		Workers' Occupational Diseases Act and it is subsequently
10		discovered, at any time before final disposition of such
11		cause that the claim for injury or death which was the
12		basis for such application should properly have been made
13		under this Act, then the application so filed under the
14		Workers' Occupational Diseases Act may be amended in form,
15		substance or both to assert claim for such disability or
16		death under this Act and it shall be deemed to have been so
17		filed as amended on the date of the original filing
18		thereof, and such compensation may be awarded as is
19		warranted by the whole evidence pursuant to this Act. When
20		such amendment is submitted, further or additional
21		evidence may be heard by the Arbitrator or Commission when
22		deemed necessary. Nothing in this Section contained shall
23		be construed to be or permit a waiver of any provisions of
24		this Act with reference to notice but notice if given shall
25		be deemed to be a notice under the provisions of this Act
26		if given within the time required herein.
27		(b) The Arbitrator shall make such inquiries and
28		investigations as he or they shall deem necessary and may
29		examine and inspect all books, papers, records, places, or
30		premises relating to the questions in dispute and hear such
31		proper evidence as the parties may submit.
32		The hearings before the Arbitrator shall be held in the
33		vicinity where the injury occurred after 10 days' notice of the
34		time and place of such hearing shall have been given to each of

1		the parties or their attorneys of record.
2		The Arbitrator may find that the disabling condition is
3		temporary and has not yet reached a permanent condition and may
4		order the payment of compensation up to the date of the
5		hearing, which award shall be reviewable and enforceable in the
6		same manner as other awards, and in no instance be a bar to a
7		further hearing and determination of a further amount of
8		temporary total compensation or of compensation for permanent
9		disability, but shall be conclusive as to all other questions
10		except the nature and extent of said disability.
11		The decision of the Arbitrator shall be filed with the
12		Commission which Commission shall immediately send to each
13		party or his attorney a copy of such decision, together with a
14		notification of the time when it was filed. Beginning January
15		1, 2005 1981, all decisions of the Arbitrator shall set forth
16		in writing findings of fact and conclusions of law, separately
17		stated, if requested by either party. Unless a petition for
18		review is filed by either party within 30 days after the
19		receipt by such party of the copy of the decision and
20		notification of time when filed, and unless such party
21		petitioning for a review shall within 35 days after the receipt
22		by him of the copy of the decision, file with the Commission
23		either an agreed statement of the facts appearing upon the
24		hearing before the Arbitrator, or if such party shall so elect
25		a correct transcript of evidence of the proceedings at such
26		hearings, then the decision shall become the decision of the
27		Commission and in the absence of fraud shall be conclusive. The
28		Petition for Review shall contain a statement of the
29		petitioning party's specific exceptions to the decision of the
30		arbitrator. The jurisdiction of the Commission to review the
31		decision of the arbitrator shall not be limited to the
32		exceptions stated in the Petition for Review. The Commission,
33		or any member thereof, may grant further time not exceeding 30
34		days, in which to file such agreed statement or transcript of

1		evidence. Such agreed statement of facts or correct transcript
2		of evidence, as the case may be, shall be authenticated by the
3		signatures of the parties or their attorneys, and in the event
4		they do not agree as to the correctness of the transcript of
5		evidence it shall be authenticated by the signature of the
6		Arbitrator designated by the Commission.
7		Whether the employee is working or not, if the employee is
8		not receiving or has not received medical, surgical, or
9		hospital services or other services or compensation as provided
10		in paragraph (a) of Section 8, or compensation as provided in
11		paragraph (b) of Section 8, the employee may at any time
12		petition for an expedited hearing by an Arbitrator on the issue
13		of whether or not he or she is entitled to receive payment of
14		the services or compensation. The hearing shall have priority
15		over all other petitions and shall be heard by the Arbitrator
16		and Commission with all convenient speed. The employee shall
17		give notice of a request for an expedited hearing under this
18		paragraph. A copy of the application for adjustment of claim
19		shall be attached to the notice. The Commission shall adopt
20		rules and procedures under which the final decision under this
21		paragraph is filed not later than 180 days from the date of the
22		first hearing.
23		(b-1) If the employee is not receiving medical, surgical or
24		hospital services as provided in paragraph (a) of Section 8 or
25		compensation as provided in paragraph (b) of Section 8, the
26		employee, in accordance with Commission Rules, may file a
27		petition for an emergency hearing by an Arbitrator on the issue
28		of whether or not he is entitled to receive payment of such
29		compensation or services as provided therein. Such petition
30		shall have priority over all other petitions and shall be heard
31		by the Arbitrator and Commission with all convenient speed.
32		Such petition shall contain the following information and
33		shall be served on the employer at least 15 days before it is
34		filed:

1		(i) the date and approximate time of accident;
2		(ii) the approximate location of the accident;
3		(iii) a description of the accident;
4		(iv) the nature of the injury incurred by the employee;
5		(v) the identity of the person, if known, to whom the
6		accident was reported and the date on which it was
7		reported;
8		(vi) the name and title of the person, if known,
9		representing the employer with whom the employee conferred
10		in any effort to obtain compensation pursuant to paragraph
11		(b) of Section 8 of this Act or medical, surgical or
12		hospital services pursuant to paragraph (a) of Section 8 of
13		this Act and the date of such conference;
14		(vii) a statement that the employer has refused to pay
15		compensation pursuant to paragraph (b) of Section 8 of this
16		Act or for medical, surgical or hospital services pursuant
17		to paragraph (a) of Section 8 of this Act;
18		(viii) the name and address, if known, of each witness
19		to the accident and of each other person upon whom the
20		employee will rely to support his allegations;
21		(ix) the dates of treatment related to the accident by
22		medical practitioners, and the names and addresses of such
23		practitioners, including the dates of treatment related to
24		the accident at any hospitals and the names and addresses
25		of such hospitals, and a signed authorization permitting
26		the employer to examine all medical records of all
27		practitioners and hospitals named pursuant to this
28		paragraph;
29		(x) a copy of a signed report by a medical
30		practitioner, relating to the employee's current inability
31		to return to work because of the injuries incurred as a
32		result of the accident or such other documents or
33		affidavits which show that the employee is entitled to
34		receive compensation pursuant to paragraph (b) of Section 8

1		of this Act or medical, surgical or hospital services
2		pursuant to paragraph (a) of Section 8 of this Act. Such
3		reports, documents or affidavits shall state, if possible,
4		the history of the accident given by the employee, and
5		describe the injury and medical diagnosis, the medical
6		services for such injury which the employee has received
7		and is receiving, the physical activities which the
8		employee cannot currently perform as a result of any
9		impairment or disability due to such injury, and the
10		prognosis for recovery;
11		(xi) complete copies of any reports, records,
12		documents and affidavits in the possession of the employee
13		on which the employee will rely to support his allegations,
14		provided that the employer shall pay the reasonable cost of
15		reproduction thereof;
16		(xii) a list of any reports, records, documents and
17		affidavits which the employee has demanded by subpoena and
18		on which he intends to rely to support his allegations;
19		(xiii) a certification signed by the employee or his
20		representative that the employer has received the petition
21		with the required information 15 days before filing.
22		Fifteen days after receipt by the employer of the petition
23		with the required information the employee may file said
24		petition and required information and shall serve notice of the
25		filing upon the employer. The employer may file a motion
26		addressed to the sufficiency of the petition. If an objection
27		has been filed to the sufficiency of the petition, the
28		arbitrator shall rule on the objection within 2 working days.
29		If such an objection is filed, the time for filing the final
30		decision of the Commission as provided in this paragraph shall
31		be tolled until the arbitrator has determined that the petition
32		is sufficient.
33		The employer shall, within 15 days after receipt of the
34		notice that such petition is filed, file with the Commission

1		and serve on the employee or his representative a written
2		response to each claim set forth in the petition, including the
3		legal and factual basis for each disputed allegation and the
4		following information: (i) complete copies of any reports,
5		records, documents and affidavits in the possession of the
6		employer on which the employer intends to rely in support of
7		his response, (ii) a list of any reports, records, documents
8		and affidavits which the employer has demanded by subpoena and
9		on which the employer intends to rely in support of his
10		response, (iii) the name and address of each witness on whom
11		the employer will rely to support his response, and (iv) the
12		names and addresses of any medical practitioners selected by
13		the employer pursuant to Section 12 of this Act and the time
14		and place of any examination scheduled to be made pursuant to
15		such Section.
16		Any employer who does not timely file and serve a written
17		response without good cause may not introduce any evidence to
18		dispute any claim of the employee but may cross examine the
19		employee or any witness brought by the employee and otherwise
20		be heard.
21		No document or other evidence not previously identified by
22		either party with the petition or written response, or by any
23		other means before the hearing, may be introduced into evidence
24		without good cause. If, at the hearing, material information is
25		discovered which was not previously disclosed, the Arbitrator
26		may extend the time for closing proof on the motion of a party
27		for a reasonable period of time which may be more than 30 days.
28		No evidence may be introduced pursuant to this paragraph as to
29		permanent disability. No award may be entered for permanent
30		disability pursuant to this paragraph. Either party may
31		introduce into evidence the testimony taken by deposition of
32		any medical practitioner.
33		The Commission shall adopt rules, regulations and
34		procedures whereby the final decision of the Commission is

1		filed not later than 90 days from the date the petition for
2		review is filed but in no event later than 180 days from the
3		date the petition for an emergency hearing is filed with the
4		Industrial Commission.
5		All service required pursuant to this paragraph (b-1) must
6		be by personal service or by certified mail and with evidence
7		of receipt. In addition for the purposes of this paragraph, all
8		service on the employer must be at the premises where the
9		accident occurred if the premises are owned or operated by the
10		employer. Otherwise service must be at the employee's principal
11		place of employment by the employer. If service on the employer
12		is not possible at either of the above, then service shall be
13		at the employer's principal place of business. After initial
14		service in each case, service shall be made on the employer's
15		attorney or designated representative.
16		(c) (1) At a reasonable time in advance of and in
17		connection with the hearing under Section 19(e) or 19(h), the
18		Commission may on its own motion order an impartial physical or
19		mental examination of a petitioner whose mental or physical
20		condition is in issue, when in the Commission's discretion it
21		appears that such an examination will materially aid in the
22		just determination of the case. The examination shall be made
23		by a member or members of a panel of physicians chosen for
24		their special qualifications by the Illinois State Medical
25		Society. The Commission shall establish procedures by which a
26		physician shall be selected from such list.
27		(2) Should the Commission at any time during the hearing
28		find that compelling considerations make it advisable to have
29		an examination and report at that time, the commission may in
30		its discretion so order.
31		(3) A copy of the report of examination shall be given to
32		the Commission and to the attorneys for the parties.
33		(4) Either party or the Commission may call the examining
34		physician or physicians to testify. Any physician so called

1		shall be subject to cross-examination.
2		(5) The examination shall be made, and the physician or
3		physicians, if called, shall testify, without cost to the
4		parties. The Commission shall determine the compensation and
5		the pay of the physician or physicians. The compensation for
6		this service shall not exceed the usual and customary amount
7		for such service.
8		(6) The fees and payment thereof of all attorneys and
9		physicians for services authorized by the Commission under this
10		Act shall, upon request of either the employer or the employee
11		or the beneficiary affected, be subject to the review and
12		decision of the Commission.
13		(d) If any employee shall persist in insanitary or
14		injurious practices which tend to either imperil or retard his
15		recovery or shall refuse to submit to such medical, surgical,
16		or hospital treatment as is reasonably essential to promote his
17		recovery, the Commission may, in its discretion, reduce or
18		suspend the compensation of any such injured employee. However,
19		when an employer and employee so agree in writing, the
20		foregoing provision shall not be construed to authorize the
21		reduction or suspension of compensation of an employee who is
22		relying in good faith, on treatment by prayer or spiritual
23		means alone, in accordance with the tenets and practice of a
24		recognized church or religious denomination, by a duly
25		accredited practitioner thereof.
26		(e) This paragraph shall apply to all hearings before the
27		Commission. Such hearings may be held in its office or
28		elsewhere as the Commission may deem advisable. The taking of
29		testimony on such hearings may be had before any member of the
30		Commission. If a petition for review and agreed statement of
31		facts or transcript of evidence is filed, as provided herein,
32		the Commission shall promptly review the decision of the
33		Arbitrator and all questions of law or fact which appear from
34		the statement of facts or transcript of evidence.

1		In all cases in which the hearing before the arbitrator is
2		held after December 18, 1989, no additional evidence shall be
3		introduced by the parties before the Commission on review of
4		the decision of the Arbitrator. In reviewing decisions of an
5		arbitrator the Commission shall award such temporary
6		compensation, permanent compensation and other payments as are
7		due under this Act. The Commission shall file in its office its
8		decision thereon, and shall immediately send to each party or
9		his attorney a copy of such decision and a notification of the
10		time when it was filed. Decisions shall be filed within 60 days
11		after the Statement of Exceptions and Supporting Brief and
12		Response thereto are required to be filed or oral argument
13		whichever is later.
14		In the event either party requests oral argument, such
15		argument shall be had before a panel of 3 members of the
16		Commission (or before all available members pursuant to the
17		determination of 5 members of the Commission that such argument
18		be held before all available members of the Commission)
19		pursuant to the rules and regulations of the Commission. A
20		panel of 3 members, which shall be comprised of not more than
21		one representative citizen of the employing class and not more
22		than one representative citizen of the employee class, shall
23		hear the argument; provided that if all the issues in dispute
24		are solely the nature and extent of the permanent partial
25		disability, if any, a majority of the panel may deny the
26		request for such argument and such argument shall not be held;
27		and provided further that 5 members of the Commission may
28		determine that the argument be held before all available
29		members of the Commission. A decision of the Commission shall
30		be approved by a majority of Commissioners present at such
31		hearing if any; provided, if no such hearing is held, a
32		decision of the Commission shall be approved by a majority of a
33		panel of 3 members of the Commission as described in this
34		Section. The Commission shall give 10 days' notice to the

1		parties or their attorneys of the time and place of such taking
2		of testimony and of such argument.
3		In any case the Commission in its decision may find
4		specially upon any question or questions of law or fact which
5		shall be submitted in writing by either party whether ultimate
6		or otherwise; provided that on issues other than nature and
7		extent of the disability, if any, the Commission in its
8		decision shall find specially upon any question or questions of
9		law or fact, whether ultimate or otherwise, which are submitted
10		in writing by either party; provided further that not more than
11		5 such questions may be submitted by either party. Any party
12		may, within 20 days after receipt of notice of the Commission's
13		decision, or within such further time, not exceeding 30 days,
14		as the Commission may grant, file with the Commission either an
15		agreed statement of the facts appearing upon the hearing, or,
16		if such party shall so elect, a correct transcript of evidence
17		of the additional proceedings presented before the Commission,
18		in which report the party may embody a correct statement of
19		such other proceedings in the case as such party may desire to
20		have reviewed, such statement of facts or transcript of
21		evidence to be authenticated by the signature of the parties or
22		their attorneys, and in the event that they do not agree, then
23		the authentication of such transcript of evidence shall be by
24		the signature of any member of the Commission.
25		If a reporter does not for any reason furnish a transcript
26		of the proceedings before the Arbitrator in any case for use on
27		a hearing for review before the Commission, within the
28		limitations of time as fixed in this Section, the Commission
29		may, in its discretion, order a trial de novo before the
30		Commission in such case upon application of either party. The
31		applications for adjustment of claim and other documents in the
32		nature of pleadings filed by either party, together with the
33		decisions of the Arbitrator and of the Commission and the
34		statement of facts or transcript of evidence hereinbefore

1		provided for in paragraphs (b) and (c) shall be the record of
2		the proceedings of the Commission, and shall be subject to
3		review as hereinafter provided.
4		At the request of either party or on its own motion, the
5		Commission shall set forth in writing the reasons for the
6		decision, including findings of fact and conclusions of law
7		separately stated. The Commission shall by rule adopt a format
8		for written decisions for the Commission and arbitrators. The
9		written decisions shall be concise and shall succinctly state
10		the facts and reasons for the decision. The Commission may
11		adopt in whole or in part, the decision of the arbitrator as
12		the decision of the Commission. When the Commission does so
13		adopt the decision of the arbitrator, it shall do so by order.
14		Whenever the Commission adopts part of the arbitrator's
15		decision, but not all, it shall include in the order the
16		reasons for not adopting all of the arbitrator's decision. When
17		a majority of a panel, after deliberation, has arrived at its
18		decision, the decision shall be filed as provided in this
19		Section without unnecessary delay, and without regard to the
20		fact that a member of the panel has expressed an intention to
21		dissent. Any member of the panel may file a dissent. Any
22		dissent shall be filed no later than 10 days after the decision
23		of the majority has been filed.
24		Decisions rendered by the Commission and dissents, if any,
25		shall be published together by the Commission. The conclusions
26		of law set out in such decisions shall be regarded as
27		precedents by arbitrators for the purpose of achieving a more
28		uniform administration of this Act.
29		(f) The decision of the Commission acting within its
30		powers, according to the provisions of paragraph (e) of this
31		Section shall, in the absence of fraud, be conclusive unless
32		reviewed as in this paragraph hereinafter provided. However,
33		the Arbitrator or the Commission may on his or its own motion,
34		or on the motion of either party, correct any clerical error or

1		errors in computation within 15 days after the date of receipt
2		of any award by such Arbitrator or any decision on review of
3		the Commission and shall have the power to recall the original
4		award on arbitration or decision on review, and issue in lieu
5		thereof such corrected award or decision. Where such correction
6		is made the time for review herein specified shall begin to run
7		from the date of the receipt of the corrected award or
8		decision.
9		(1) Except in cases of claims against the State of
10		Illinois, in which case the decision of the Commission
11		shall not be subject to judicial review, the Circuit Court
12		of the county where any of the parties defendant may be
13		found, or if none of the parties defendant can be found in
14		this State then the Circuit Court of the county where the
15		accident occurred, shall by summons to the Commission have
16		power to review all questions of law and fact presented by
17		such record.
18		A proceeding for review shall be commenced within 20
19		days of the receipt of notice of the decision of the
20		Commission. The summons shall be issued by the clerk of
21		such court upon written request returnable on a designated
22		return day, not less than 10 or more than 60 days from the
23		date of issuance thereof, and the written request shall
24		contain the last known address of other parties in interest
25		and their attorneys of record who are to be served by
26		summons. Service upon any member of the Commission or the
27		Secretary or the Assistant Secretary thereof shall be
28		service upon the Commission, and service upon other parties
29		in interest and their attorneys of record shall be by
30		summons, and such service shall be made upon the Commission
31		and other parties in interest by mailing notices of the
32		commencement of the proceedings and the return day of the
33		summons to the office of the Commission and to the last
34		known place of residence of other parties in interest or

1		their attorney or attorneys of record. The clerk of the
2		court issuing the summons shall on the day of issue mail
3		notice of the commencement of the proceedings which shall
4		be done by mailing a copy of the summons to the office of
5		the Commission, and a copy of the summons to the other
6		parties in interest or their attorney or attorneys of
7		record and the clerk of the court shall make certificate
8		that he has so sent said notices in pursuance of this
9		Section, which shall be evidence of service on the
10		Commission and other parties in interest.
11		The Commission shall not be required to certify the
12		record of their proceedings to the Circuit Court, unless
13		the party commencing the proceedings for review in the
14		Circuit Court as above provided, shall pay to the
15		Commission the sum of 80¢; per page of testimony taken
16		before the Commission, and 35¢; per page of all other
17		matters contained in such record, except as otherwise
18		provided by Section 20 of this Act. Payment for photostatic
19		copies of exhibit shall be extra. It shall be the duty of
20		the Commission upon such payment, or failure to pay as
21		permitted under Section 20 of this Act, to prepare a true
22		and correct typewritten copy of such testimony and a true
23		and correct copy of all other matters contained in such
24		record and certified to by the Secretary or Assistant
25		Secretary thereof.
26		In its decision on review the Commission shall
27		determine in each particular case the amount of the
28		probable cost of the record to be filed as a part of the
29		summons in that case and no request for a summons may be
30		filed and no summons shall issue unless the party seeking
31		to review the decision of the Commission shall exhibit to
32		the clerk of the Circuit Court proof of payment by filing a
33		receipt showing payment or an affidavit of the attorney
34		setting forth that payment has been made of the sums so

1		determined to the Secretary or Assistant Secretary of the
2		Commission, except as otherwise provided by Section 20 of
3		this Act.
4		(2) No such summons shall issue unless the one against
5		whom the Commission shall have rendered an award for the
6		payment of money shall upon the filing of his written
7		request for such summons file with the clerk of the court a
8		bond conditioned that if he shall not successfully
9		prosecute the review, he will pay the award and the costs
10		of the proceedings in the courts. The amount of the bond
11		shall be fixed by any member of the Commission and the
12		surety or sureties of the bond shall be approved by the
13		clerk of the court. The acceptance of the bond by the clerk
14		of the court shall constitute evidence of his approval of
15		the bond.
16		Every county, city, town, township, incorporated
17		village, school district, body politic or municipal
18		corporation against whom the Commission shall have
19		rendered an award for the payment of money shall not be
20		required to file a bond to secure the payment of the award
21		and the costs of the proceedings in the court to authorize
22		the court to issue such summons.
23		The court may confirm or set aside the decision of the
24		Commission. If the decision is set aside and the facts
25		found in the proceedings before the Commission are
26		sufficient, the court may enter such decision as is
27		justified by law, or may remand the cause to the Commission
28		for further proceedings and may state the questions
29		requiring further hearing, and give such other
30		instructions as may be proper. Appeals shall be taken to
31		the Industrial Commission Division of the Appellate Court
32		in accordance with Supreme Court Rules 22(g) and 303.
33		Appeals shall be taken from the Industrial Commission
34		Division of the Appellate Court to the Supreme Court in

1		accordance with Supreme Court Rule 315.
2		It shall be the duty of the clerk of any court
3		rendering a decision affecting or affirming an award of the
4		Commission to promptly furnish the Commission with a copy
5		of such decision, without charge.
6		The decision of a majority of the members of the panel
7		of the Commission, shall be considered the decision of the
8		Commission.
9		(g) Except in the case of a claim against the State of
10		Illinois, either party may present a certified copy of the
11		award of the Arbitrator, or a certified copy of the decision of
12		the Commission when the same has become final, when no
13		proceedings for review are pending, providing for the payment
14		of compensation according to this Act, to the Circuit Court of
15		the county in which such accident occurred or either of the
16		parties are residents, whereupon the court shall enter a
17		judgment in accordance therewith. In a case where the employer
18		refuses to pay compensation according to such final award or
19		such final decision upon which such judgment is entered the
20		court shall in entering judgment thereon, tax as costs against
21		him the reasonable costs and attorney fees in the arbitration
22		proceedings and in the court entering the judgment for the
23		person in whose favor the judgment is entered, which judgment
24		and costs taxed as therein provided shall, until and unless set
25		aside, have the same effect as though duly entered in an action
26		duly tried and determined by the court, and shall with like
27		effect, be entered and docketed. The Circuit Court shall have
28		power at any time upon application to make any such judgment
29		conform to any modification required by any subsequent decision
30		of the Supreme Court upon appeal, or as the result of any
31		subsequent proceedings for review, as provided in this Act.
32		Judgment shall not be entered until 15 days' notice of the
33		time and place of the application for the entry of judgment
34		shall be served upon the employer by filing such notice with

1		the Commission, which Commission shall, in case it has on file
2		the address of the employer or the name and address of its
3		agent upon whom notices may be served, immediately send a copy
4		of the notice to the employer or such designated agent.
5		(h) An agreement or award under this Act providing for
6		compensation in installments, may at any time within 18 months
7		after such agreement or award be reviewed by the Commission at
8		the request of either the employer or the employee, on the
9		ground that the disability of the employee has subsequently
10		recurred, increased, diminished or ended.
11		However, as to accidents occurring subsequent to July 1,
12		1955, which are covered by any agreement or award under this
13		Act providing for compensation in installments made as a result
14		of such accident, such agreement or award may at any time
15		within 30 months after such agreement or award be reviewed by
16		the Commission at the request of either the employer or the
17		employee on the ground that the disability of the employee has
18		subsequently recurred, increased, diminished or ended.
19		On such review, compensation payments may be
20		re-established, increased, diminished or ended. The Commission
21		shall give 15 days' notice to the parties of the hearing for
22		review. Any employee, upon any petition for such review being
23		filed by the employer, shall be entitled to one day's notice
24		for each 100 miles necessary to be traveled by him in attending
25		the hearing of the Commission upon the petition, and 3 days in
26		addition thereto. Such employee shall, at the discretion of the
27		Commission, also be entitled to 5 cents per mile necessarily
28		traveled by him within the State of Illinois in attending such
29		hearing, not to exceed a distance of 300 miles, to be taxed by
30		the Commission as costs and deposited with the petition of the
31		employer.
32		When compensation which is payable in accordance with an
33		award or settlement contract approved by the Commission, is
34		ordered paid in a lump sum by the Commission, no review shall

1		be had as in this paragraph mentioned.
2		(i) Each party, upon taking any proceedings or steps
3		whatsoever before any Arbitrator, Commission or court, shall
4		file with the Commission his address, or the name and address
5		of any agent upon whom all notices to be given to such party
6		shall be served, either personally or by registered mail,
7		addressed to such party or agent at the last address so filed
8		with the Commission. In the event such party has not filed his
9		address, or the name and address of an agent as above provided,
10		service of any notice may be had by filing such notice with the
11		Commission.
12		(j) Whenever in any proceeding testimony has been taken or
13		a final decision has been rendered and after the taking of such
14		testimony or after such decision has become final, the injured
15		employee dies, then in any subsequent proceedings brought by
16		the personal representative or beneficiaries of the deceased
17		employee, such testimony in the former proceeding may be
18		introduced with the same force and effect as though the witness
19		having so testified were present in person in such subsequent
20		proceedings and such final decision, if any, shall be taken as
21		final adjudication of any of the issues which are the same in
22		both proceedings.
23		(k) In case where there has been any unreasonable or
24		vexatious delay of payment or intentional underpayment of
25		compensation, or proceedings have been instituted or carried on
26		by the one liable to pay the compensation, which do not present
27		a real controversy, but are merely frivolous or for delay, then
28		the Commission may award compensation additional to that
29		otherwise payable under this Act equal to 50% of the amount
30		payable at the time of such award. Failure to pay compensation
31		in accordance with the provisions of Section 8, paragraph (b)
32		of this Act, shall be considered unreasonable delay. When
33		determining whether this subsection (k) shall apply, the
34		Commission shall consider whether an arbitrator has determined

1		that the claim is not compensable or whether the employer has
2		made payments under Section 8(j).
3		(l) If the employee has made demand for payment of benefits
4		under Section 8(a) or 8(b), the employer shall have 14 days
5		after receipt of the demand to set forth, in writing, the
6		reason for the delay. Failure by the employer to respond shall
7		give rise to a rebuttable presumption of delay. If the employer
8		or its insurance carrier has failed, neglected, refused, or
9		delayed the payment of benefits under Section 8(a) or Section
10		8(b) and the Arbitrator or Commission awards benefits under
11		Section 8(a) or 8(b), the employee shall receive additional
12		compensation in the sum of $30 per day for each day that the
13		benefits have been so withheld, refused, or delayed, up to
14		$16,425, as well as the costs of litigation, including
15		attorney's fees. In case the employer or his insurance carrier
16		shall without good and just cause fail, neglect, refuse or
17		unreasonably delay the payment of weekly compensation benefits
18		due to an injured employee during the period of temporary total
19		disability the arbitrator or the Commission shall allow to the
20		employee additional compensation in the sum of $10 per day for
21		each day that a weekly compensation payment has been so
22		withheld or refused, provided that such additional
23		compensation shall not exceed the sum of $2,500. A delay in
24		payment of 14 days or more shall create a rebuttable
25		presumption of unreasonable delay.
26		(m) If the commission finds that an accidental injury was
27		directly and proximately caused by the employer's wilful
28		violation of a health and safety standard under the Health and
29		Safety Act in force at the time of the accident, the arbitrator
30		or the Commission shall allow to the injured employee or his
31		dependents, as the case may be, additional compensation equal
32		to 25% of the amount which otherwise would be payable under the
33		provisions of this Act exclusive of this paragraph. The
34		additional compensation herein provided shall be allowed by an

1		appropriate increase in the applicable weekly compensation
2		rate.
3		(n) After June 30, 1984, decisions of the Industrial
4		Commission reviewing an award of an arbitrator of the
5		Commission shall draw interest at a rate equal to the yield on
6		indebtedness issued by the United States Government with a
7		26-week maturity next previously auctioned on the day on which
8		the decision is filed. Said rate of interest shall be set forth
9		in the Arbitrator's Decision. Interest shall be drawn from the
10		date of the arbitrator's award on all accrued compensation due
11		the employee through the day prior to the date of payments.
12		However, when an employee appeals an award of an Arbitrator or
13		the Commission, and the appeal results in no change or a
14		decrease in the award, interest shall not further accrue from
15		the date of such appeal.
16		The employer or his insurance carrier may tender the
17		payments due under the award to stop the further accrual of
18		interest on such award notwithstanding the prosecution by
19		either party of review, certiorari, appeal to the Supreme Court
20		or other steps to reverse, vacate or modify the award.
21		(o) By the 15th day of each month each insurer providing
22		coverage for losses under this Act shall notify each insured
23		employer of any compensable claim incurred during the preceding
24		month and the amounts paid or reserved on the claim including a
25		summary of the claim and a brief statement of the reasons for
26		compensability. A cumulative report of all claims incurred
27		during a calendar year or continued from the previous year
28		shall be furnished to the insured employer by the insurer
29		within 30 days after the end of that calendar year.
30		The insured employer may challenge, in proceeding before
31		the Commission, payments made by the insurer without
32		arbitration and payments made after a case is determined to be
33		noncompensable. If the Commission finds that the case was not
34		compensable, the insurer shall purge its records as to that

1		employer of any loss or expense associated with the claim,
2		reimburse the employer for attorneys' fees arising from the
3		challenge and for any payment required of the employer to the
4		Rate Adjustment Fund or the Second Injury Fund, and may not
5		reflect the loss or expense for rate making purposes. The
6		employee shall not be required to refund the challenged
7		payment. The decision of the Commission may be reviewed in the
8		same manner as in arbitrated cases. No challenge may be
9		initiated under this paragraph more than 3 years after the
10		payment is made. An employer may waive the right of challenge
11		under this paragraph on a case by case basis.
12		(p) After filing an application for adjustment of claim but
13		prior to the hearing on arbitration the parties may voluntarily
14		agree to submit such application for adjustment of claim for
15		decision by an arbitrator under this subsection (p) where such
16		application for adjustment of claim raises only a dispute over
17		temporary total disability, permanent partial disability or
18		medical expenses. Such agreement shall be in writing in such
19		form as provided by the Commission. Applications for adjustment
20		of claim submitted for decision by an arbitrator under this
21		subsection (p) shall proceed according to rule as established
22		by the Commission. The Commission shall promulgate rules
23		including, but not limited to, rules to ensure that the parties
24		are adequately informed of their rights under this subsection
25		(p) and of the voluntary nature of proceedings under this
26		subsection (p). The findings of fact made by an arbitrator
27		acting within his or her powers under this subsection (p) in
28		the absence of fraud shall be conclusive. However, the
29		arbitrator may on his own motion, or the motion of either
30		party, correct any clerical errors or errors in computation
31		within 15 days after the date of receipt of such award of the
32		arbitrator and shall have the power to recall the original
33		award on arbitration, and issue in lieu thereof such corrected
34		award. The decision of the arbitrator under this subsection (p)

1		shall be considered the decision of the Commission and
2		proceedings for review of questions of law arising from the
3		decision may be commenced by either party pursuant to
4		subsection (f) of Section 19. The Advisory Board established
5		under Section 13.1 shall compile a list of certified Commission
6		arbitrators, each of whom shall be approved by at least 7
7		members of the Advisory Board. The chairman shall select 5
8		persons from such list to serve as arbitrators under this
9		subsection (p). By agreement, the parties shall select one
10		arbitrator from among the 5 persons selected by the chairman
11		except that if the parties do not agree on an arbitrator from
12		among the 5 persons, the parties may, by agreement, select an
13		arbitrator of the American Arbitration Association, whose fee
14		shall be paid by the State in accordance with rules promulgated
15		by the Commission. Arbitration under this subsection (p) shall
16		be voluntary.
17		(Source: P.A. 86-998; 87-435; 87-799.)

18		Section 10. The Workers' Occupational Diseases Act is
19		amended by changing Sections 1 and 19 as follows:
20		(820 ILCS 310/1) (from Ch. 48, par. 172.36)
21		Sec. 1. This Act shall be known and may be cited as the
22		"Workers' Occupational Diseases Act".
23		(a) The term "employer" as used in this Act shall be
24		construed to be:
25		1. The State and each county, city, town, township,
26		incorporated village, school district, body politic, or
27		municipal corporation therein.
28		2. Every person, firm, public or private corporation,
29		including hospitals, public service, eleemosynary, religious
30		or charitable corporations or associations, who has any person
31		in service or under any contract for hire, express or implied,
32		oral or written.

1		3. Where an employer operating under and subject to the
2		provisions of this Act loans an employee to another such
3		employer and such loaned employee sustains a compensable
4		occupational disease in the employment of such borrowing
5		employer and where such borrowing employer does not provide or
6		pay the benefits or payments due such employee, such loaning
7		employer shall be liable to provide or pay all benefits or
8		payments due such employee under this Act and as to such
9		employee the liability of such loaning and borrowing employers
10		shall be joint and several, provided that such loaning employer
11		shall in the absence of agreement to the contrary be entitled
12		to receive from such borrowing employer full reimbursement for
13		all sums paid or incurred pursuant to this paragraph together
14		with reasonable attorneys' fees and expenses in any hearings
15		before the Industrial Commission or in any action to secure
16		such reimbursement. Where any benefit is provided or paid by
17		such loaning employer, the employee shall have the duty of
18		rendering reasonable co-operation in any hearings, trials or
19		proceedings in the case, including such proceedings for
20		reimbursement.
21		Where an employee files an Application for Adjustment of
22		Claim with the Industrial Commission alleging that his or her
23		claim is covered by the provisions of the preceding paragraph,
24		and joining both the alleged loaning and borrowing employers,
25		they and each of them, upon written demand by the employee and
26		within 7 days after receipt of such demand, shall have the duty
27		of filing with the Industrial Commission a written admission or
28		denial of the allegation that the claim is covered by the
29		provisions of the preceding paragraph and in default of such
30		filing or if any such denial be ultimately determined not to
31		have been bona fide then the provisions of Paragraph K of
32		Section 19 of this Act shall apply.
33		An employer whose business or enterprise or a substantial
34		part thereof consists of hiring, procuring or furnishing

1		employees to or for other employers operating under and subject
2		to the provisions of this Act for the performance of the work
3		of such other employers and who pays such employees their
4		salary or wage notwithstanding that they are doing the work of
5		such other employers shall be deemed a loaning employer within
6		the meaning and provisions of this Section.
7		(b) The term "employee" as used in this Act, shall be
8		construed to mean:
9		1. Every person in the service of the State, county, city,
10		town, township, incorporated village or school district, body
11		politic or municipal corporation therein, whether by election,
12		appointment or contract of hire, express or implied, oral or
13		written, including any official of the State, or of any county,
14		city, town, township, incorporated village, school district,
15		body politic or municipal corporation therein and except any
16		duly appointed member of the fire department in any city whose
17		population exceeds 500,000 according to the last Federal or
18		State census, and except any member of a fire insurance patrol
19		maintained by a board of underwriters in this State. One
20		employed by a contractor who has contracted with the State, or
21		a county, city, town, township, incorporated village, school
22		district, body politic or municipal corporation therein,
23		through its representatives, shall not be considered as an
24		employee of the State, county, city, town, township,
25		incorporated village, school district, body politic or
26		municipal corporation which made the contract.
27		2. Every person in the service of another under any
28		contract of hire, express or implied, oral or written, who
29		contracts an occupational disease while working in the State of
30		Illinois, or who contracts an occupational disease while
31		working outside of the State of Illinois but where the contract
32		of hire is made within the State of Illinois, and any person
33		whose employment is principally localized within the State of
34		Illinois, regardless of the place where the disease was

1		contracted or place where the contract of hire was made,
2		including aliens, and minors who, for the purpose of this Act,
3		except Section 3 hereof, shall be considered the same and have
4		the same power to contract, receive payments and give
5		quittances therefor, as adult employees. An employee or his or
6		her dependents under this Act who shall have a cause of action
7		by reason of an occupational disease, disablement or death
8		arising out of and in the course of his or her employment may
9		elect or pursue his or her remedy in the State where the
10		disease was contracted, or in the State where the contract of
11		hire is made, or in the State where the employment is
12		principally localized.
13		(c) "Commission" means the Industrial Commission created
14		by the Workers' Compensation Act, approved July 9, 1951, as
15		amended.
16		(d) In this Act the term "Occupational Disease" means a
17		disease arising out of and in the course of the employment or
18		which has become aggravated and rendered disabling as a result
19		of the exposure of the employment. Such aggravation shall arise
20		out of a risk peculiar to or increased by the employment and
21		not common to the general public. For purposes of this Act, a
22		disease arises out of the employment if the disease occurred as
23		a result of a terrorist act. For purposes of this Section,
24		"terrorist act" means a violent act committed by one or more
25		individuals as part of an effort to coerce the civilian
26		population of the United States or to influence the policy or
27		affect the conduct of the United States Government.
28		A disease shall be deemed to arise out of the employment if
29		there is apparent to the rational mind, upon consideration of
30		all the circumstances, a causal connection between the
31		conditions under which the work is performed and the
32		occupational disease. The disease need not to have been
33		foreseen or expected but after its contraction it must appear
34		to have had its origin or aggravation in a risk connected with

1		the employment and to have flowed from that source as a
2		rational consequence.
3		An employee shall be conclusively deemed to have been
4		exposed to the hazards of an occupational disease when, for any
5		length of time however short, he or she is employed in an
6		occupation or process in which the hazard of the disease
7		exists; provided however, that in a claim of exposure to atomic
8		radiation, the fact of such exposure must be verified by the
9		records of the central registry of radiation exposure
10		maintained by the Department of Public Health or by some other
11		recognized governmental agency maintaining records of such
12		exposures whenever and to the extent that the records are on
13		file with the Department of Public Health or the agency.
14		The employer liable for the compensation in this Act
15		provided shall be the employer in whose employment the employee
16		was last exposed to the hazard of the occupational disease
17		claimed upon regardless of the length of time of such last
18		exposure, except, in cases of silicosis or asbestosis, the only
19		employer liable shall be the last employer in whose employment
20		the employee was last exposed during a period of 60 days or
21		more after the effective date of this Act, to the hazard of
22		such occupational disease, and, in such cases, an exposure
23		during a period of less than 60 days, after the effective date
24		of this Act, shall not be deemed a last exposure. If a miner
25		who is suffering or suffered from pneumoconiosis was employed
26		for 10 years or more in one or more coal mines there shall,
27		effective July 1, 1973 be a rebuttable presumption that his or
28		her pneumoconiosis arose out of such employment.
29		If a deceased miner was employed for 10 years or more in
30		one or more coal mines and died from a respirable disease there
31		shall, effective July 1, 1973, be a rebuttable presumption that
32		his or her death was due to pneumoconiosis.
33		The insurance carrier liable shall be the carrier whose
34		policy was in effect covering the employer liable on the last

1		day of the exposure rendering such employer liable in
2		accordance with the provisions of this Act.
3		(e) "Disablement" means an impairment or partial
4		impairment, temporary or permanent, in the function of the body
5		or any of the members of the body, or the event of becoming
6		disabled from earning full wages at the work in which the
7		employee was engaged when last exposed to the hazards of the
8		occupational disease by the employer from whom he or she claims
9		compensation, or equal wages in other suitable employment; and
10		"disability" means the state of being so incapacitated.
11		(f) No compensation shall be payable for or on account of
12		any occupational disease unless disablement, as herein
13		defined, occurs within two years after the last day of the last
14		exposure to the hazards of the disease, except in cases of
15		occupational disease caused by berylliosis or by the inhalation
16		of silica dust or asbestos dust and, in such cases, within 3
17		years after the last day of the last exposure to the hazards of
18		such disease and except in the case of occupational disease
19		caused by exposure to radiological materials or equipment, and
20		in such case, within 25 years after the last day of last
21		exposure to the hazards of such disease.
22		(Source: P.A. 81-992.)
23		(820 ILCS 310/19) (from Ch. 48, par. 172.54)
24		Sec. 19. Any disputed questions of law or fact shall be
25		determined as herein provided.
26		(a) It shall be the duty of the Commission upon
27		notification that the parties have failed to reach an agreement
28		to designate an Arbitrator.
29		(1) The application for adjustment of claim filed with
30		the Commission shall state:
31		A. The approximate date of the last day of the last
32		exposure and the approximate date of the disablement.
33		B. The general nature and character of the illness

1		or disease claimed.
2		C. The name and address of the employer by whom
3		employed on the last day of the last exposure and if
4		employed by any other employer after such last exposure
5		and before disablement the name and address of such
6		other employer or employers.
7		D. In case of death, the date and place of death.
8		(2) Amendments to applications for adjustment of claim
9		which relate to the same disablement or disablement
10		resulting in death originally claimed upon may be allowed
11		by the Commissioner or an Arbitrator thereof, in their
12		discretion, and in the exercise of such discretion, they
13		may in proper cases order a trial de novo; such amendment
14		shall relate back to the date of the filing of the original
15		application so amended.
16		(3) Whenever any claimant misconceives his remedy and
17		files an application for adjustment of claim under this Act
18		and it is subsequently discovered, at any time before final
19		disposition of such cause, that the claim for disability or
20		death which was the basis for such application should
21		properly have been made under the Workers' Compensation
22		Act, then the provisions of Section 19 paragraph (a-1) of
23		the Workers' Compensation Act having reference to such
24		application shall apply.
25		Whenever any claimant misconceives his remedy and
26		files an application for adjustment of claim under the
27		Workers' Compensation Act and it is subsequently
28		discovered, at any time before final disposition of such
29		cause that the claim for injury or death which was the
30		basis for such application should properly have been made
31		under this Act, then the application so filed under the
32		Workers' Compensation Act may be amended in form, substance
33		or both to assert claim for such disability or death under
34		this Act and it shall be deemed to have been so filed as

1		amended on the date of the original filing thereof, and
2		such compensation may be awarded as is warranted by the
3		whole evidence pursuant to the provisions of this Act. When
4		such amendment is submitted, further or additional
5		evidence may be heard by the Arbitrator or Commission when
6		deemed necessary; provided, that nothing in this Section
7		contained shall be construed to be or permit a waiver of
8		any provisions of this Act with reference to notice, but
9		notice if given shall be deemed to be a notice under the
10		provisions of this Act if given within the time required
11		herein.
12		(b) The Arbitrator shall make such inquiries and
13		investigations as he shall deem necessary and may examine and
14		inspect all books, papers, records, places, or premises
15		relating to the questions in dispute and hear such proper
16		evidence as the parties may submit.
17		The hearings before the Arbitrator shall be held in the
18		vicinity where the last exposure occurred, after 10 days'
19		notice of the time and place of such hearing shall have been
20		given to each of the parties or their attorneys of record.
21		The Arbitrator may find that the disabling condition is
22		temporary and has not yet reached a permanent condition and may
23		order the payment of compensation up to the date of the
24		hearing, which award shall be reviewable and enforceable in the
25		same manner as other awards, and in no instance be a bar to a
26		further hearing and determination of a further amount of
27		temporary total compensation or of compensation for permanent
28		disability, but shall be conclusive as to all other questions
29		except the nature and extent of such disability.
30		The decision of the Arbitrator shall be filed with the
31		Commission which Commission shall immediately send to each
32		party or his attorney a copy of such decision, together with a
33		notification of the time when it was filed. Beginning January
34		1, 2005 1981, all decisions of the Arbitrator shall set forth

1		in writing findings of fact and conclusions of law, separately
2		stated, if requested by either party. Unless a petition for
3		review is filed by either party within 30 days after the
4		receipt by such party of the copy of the decision and
5		notification of time when filed, and unless such party
6		petitioning for a review shall within 35 days after the receipt
7		by him of the copy of the decision, file with the Commission
8		either an agreed statement of the facts appearing upon the
9		hearing before the Arbitrator, or if such party shall so elect
10		a correct transcript of evidence of the proceedings at such
11		hearings, then the decision shall become the decision of the
12		Commission and in the absence of fraud shall be conclusive. The
13		Petition for Review shall contain a statement of the
14		petitioning party's specific exceptions to the decision of the
15		arbitrator. The jurisdiction of the Commission to review the
16		decision of the arbitrator shall not be limited to the
17		exceptions stated in the Petition for Review. The Commission,
18		or any member thereof, may grant further time not exceeding 30
19		days, in which to file such agreed statement or transcript of
20		evidence. Such agreed statement of facts or correct transcript
21		of evidence, as the case may be, shall be authenticated by the
22		signatures of the parties or their attorneys, and in the event
23		they do not agree as to the correctness of the transcript of
24		evidence it shall be authenticated by the signature of the
25		Arbitrator designated by the Commission.
26		Whether the employee is working or not, if the employee is
27		not receiving or has not received medical, surgical, or
28		hospital services or other services or compensation as provided
29		in paragraph (a) of Section 8 of the Workers' Compensation Act,
30		or compensation as provided in paragraph (b) of Section 8 of
31		the Workers' Compensation Act, the employee may at any time
32		petition for an expedited hearing by an Arbitrator on the issue
33		of whether or not he or she is entitled to receive payment of
34		the services or compensation. The hearing shall have priority

1		over all other petitions and shall be heard by the Arbitrator
2		and Commission with all convenient speed. The employee shall
3		give notice of a request for an expedited hearing under this
4		paragraph. A copy of the application for adjustment of claim
5		shall be attached to the notice. The Commission shall adopt
6		rules and procedures under which the final decision under this
7		paragraph is filed not later than 180 days from the date of the
8		first hearing.
9		(b-1) If the employee is not receiving, pursuant to Section
10		7, medical, surgical or hospital services of the type provided
11		for in paragraph (a) of Section 8 of the Workers' Compensation
12		Act or compensation of the type provided for in paragraph (b)
13		of Section 8 of the Workers' Compensation Act, the employee, in
14		accordance with Commission Rules, may file a petition for an
15		emergency hearing by an Arbitrator on the issue of whether or
16		not he is entitled to receive payment of such compensation or
17		services as provided therein. Such petition shall have priority
18		over all other petitions and shall be heard by the Arbitrator
19		and Commission with all convenient speed.
20		Such petition shall contain the following information and
21		shall be served on the employer at least 15 days before it is
22		filed:
23		(i) the date and approximate time of the last exposure;
24		(ii) the approximate location of the last exposure;
25		(iii) a description of the last exposure;
26		(iv) the nature of the disability incurred by the
27		employee;
28		(v) the identity of the person, if known, to whom the
29		disability was reported and the date on which it was
30		reported;
31		(vi) the name and title of the person, if known,
32		representing the employer with whom the employee conferred
33		in any effort to obtain pursuant to Section 7 compensation
34		of the type provided for in paragraph (b) of Section 8 of

1		the Workers' Compensation Act or medical, surgical or
2		hospital services of the type provided for in paragraph (a)
3		of Section 8 of the Workers' Compensation Act and the date
4		of such conference;
5		(vii) a statement that the employer has refused to pay
6		compensation pursuant to Section 7 of the type provided for
7		in paragraph (b) of Section 8 of the Workers' Compensation
8		Act or for medical, surgical or hospital services pursuant
9		to Section 7 of the type provided for in paragraph (a) of
10		Section 8 of the Workers' Compensation Act;
11		(viii) the name and address, if known, of each witness
12		to the last exposure and of each other person upon whom the
13		employee will rely to support his allegations;
14		(ix) the dates of treatment related to the disability
15		by medical practitioners, and the names and addresses of
16		such practitioners, including the dates of treatment
17		related to the disability at any hospitals and the names
18		and addresses of such hospitals, and a signed authorization
19		permitting the employer to examine all medical records of
20		all practitioners and hospitals named pursuant to this
21		paragraph;
22		(x) a copy of a signed report by a medical
23		practitioner, relating to the employee's current inability
24		to return to work because of the disability incurred as a
25		result of the exposure or such other documents or
26		affidavits which show that the employee is entitled to
27		receive pursuant to Section 7 compensation of the type
28		provided for in paragraph (b) of Section 8 of the Workers'
29		Compensation Act or medical, surgical or hospital services
30		of the type provided for in paragraph (a) of Section 8 of
31		the Workers' Compensation Act. Such reports, documents or
32		affidavits shall state, if possible, the history of the
33		exposure given by the employee, and describe the disability
34		and medical diagnosis, the medical services for such

1		disability which the employee has received and is
2		receiving, the physical activities which the employee
3		cannot currently perform as a result of such disability,
4		and the prognosis for recovery;
5		(xi) complete copies of any reports, records,
6		documents and affidavits in the possession of the employee
7		on which the employee will rely to support his allegations,
8		provided that the employer shall pay the reasonable cost of
9		reproduction thereof;
10		(xii) a list of any reports, records, documents and
11		affidavits which the employee has demanded by subpoena and
12		on which he intends to rely to support his allegations;
13		(xiii) a certification signed by the employee or his
14		representative that the employer has received the petition
15		with the required information 15 days before filing.
16		Fifteen days after receipt by the employer of the petition
17		with the required information the employee may file said
18		petition and required information and shall serve notice of the
19		filing upon the employer. The employer may file a motion
20		addressed to the sufficiency of the petition. If an objection
21		has been filed to the sufficiency of the petition, the
22		arbitrator shall rule on the objection within 2 working days.
23		If such an objection is filed, the time for filing the final
24		decision of the Commission as provided in this paragraph shall
25		be tolled until the arbitrator has determined that the petition
26		is sufficient.
27		The employer shall, within 15 days after receipt of the
28		notice that such petition is filed, file with the Commission
29		and serve on the employee or his representative a written
30		response to each claim set forth in the petition, including the
31		legal and factual basis for each disputed allegation and the
32		following information: (i) complete copies of any reports,
33		records, documents and affidavits in the possession of the
34		employer on which the employer intends to rely in support of

1		his response, (ii) a list of any reports, records, documents
2		and affidavits which the employer has demanded by subpoena and
3		on which the employer intends to rely in support of his
4		response, (iii) the name and address of each witness on whom
5		the employer will rely to support his response, and (iv) the
6		names and addresses of any medical practitioners selected by
7		the employer pursuant to Section 12 of this Act and the time
8		and place of any examination scheduled to be made pursuant to
9		such Section.
10		Any employer who does not timely file and serve a written
11		response without good cause may not introduce any evidence to
12		dispute any claim of the employee but may cross examine the
13		employee or any witness brought by the employee and otherwise
14		be heard.
15		No document or other evidence not previously identified by
16		either party with the petition or written response, or by any
17		other means before the hearing, may be introduced into evidence
18		without good cause. If, at the hearing, material information is
19		discovered which was not previously disclosed, the Arbitrator
20		may extend the time for closing proof on the motion of a party
21		for a reasonable period of time which may be more than 30 days.
22		No evidence may be introduced pursuant to this paragraph as to
23		permanent disability. No award may be entered for permanent
24		disability pursuant to this paragraph. Either party may
25		introduce into evidence the testimony taken by deposition of
26		any medical practitioner.
27		The Commission shall adopt rules, regulations and
28		procedures whereby the final decision of the Commission is
29		filed not later than 90 days from the date the petition for
30		review is filed but in no event later than 180 days from the
31		date the petition for an emergency hearing is filed with the
32		Industrial Commission.
33		All service required pursuant to this paragraph (b-1) must
34		be by personal service or by certified mail and with evidence

1		of receipt. In addition, for the purposes of this paragraph,
2		all service on the employer must be at the premises where the
3		accident occurred if the premises are owned or operated by the
4		employer. Otherwise service must be at the employee's principal
5		place of employment by the employer. If service on the employer
6		is not possible at either of the above, then service shall be
7		at the employer's principal place of business. After initial
8		service in each case, service shall be made on the employer's
9		attorney or designated representative.
10		(c) (1) At a reasonable time in advance of and in
11		connection with the hearing under Section 19(e) or 19(h), the
12		Commission may on its own motion order an impartial physical or
13		mental examination of a petitioner whose mental or physical
14		condition is in issue, when in the Commission's discretion it
15		appears that such an examination will materially aid in the
16		just determination of the case. The examination shall be made
17		by a member or members of a panel of physicians chosen for
18		their special qualifications by the Illinois State Medical
19		Society. The Commission shall establish procedures by which a
20		physician shall be selected from such list.
21		(2) Should the Commission at any time during the hearing
22		find that compelling considerations make it advisable to have
23		an examination and report at that time, the Commission may in
24		its discretion so order.
25		(3) A copy of the report of examination shall be given to
26		the Commission and to the attorneys for the parties.
27		(4) Either party or the Commission may call the examining
28		physician or physicians to testify. Any physician so called
29		shall be subject to cross-examination.
30		(5) The examination shall be made, and the physician or
31		physicians, if called, shall testify, without cost to the
32		parties. The Commission shall determine the compensation and
33		the pay of the physician or physicians. The compensation for
34		this service shall not exceed the usual and customary amount

1		for such service.
2		The fees and payment thereof of all attorneys and
3		physicians for services authorized by the Commission under this
4		Act shall, upon request of either the employer or the employee
5		or the beneficiary affected, be subject to the review and
6		decision of the Commission.
7		(d) If any employee shall persist in insanitary or
8		injurious practices which tend to either imperil or retard his
9		recovery or shall refuse to submit to such medical, surgical,
10		or hospital treatment as is reasonably essential to promote his
11		recovery, the Commission may, in its discretion, reduce or
12		suspend the compensation of any such employee; provided, that
13		when an employer and employee so agree in writing, the
14		foregoing provision shall not be construed to authorize the
15		reduction or suspension of compensation of an employee who is
16		relying in good faith, on treatment by prayer or spiritual
17		means alone, in accordance with the tenets and practice of a
18		recognized church or religious denomination, by a duly
19		accredited practitioner thereof.
20		(e) This paragraph shall apply to all hearings before the
21		Commission. Such hearings may be held in its office or
22		elsewhere as the Commission may deem advisable. The taking of
23		testimony on such hearings may be had before any member of the
24		Commission. If a petition for review and agreed statement of
25		facts or transcript of evidence is filed, as provided herein,
26		the Commission shall promptly review the decision of the
27		Arbitrator and all questions of law or fact which appear from
28		the statement of facts or transcripts of evidence. In all cases
29		in which the hearing before the arbitrator is held after the
30		effective date of this amendatory Act of 1989, no additional
31		evidence shall be introduced by the parties before the
32		Commission on review of the decision of the Arbitrator. The
33		Commission shall file in its office its decision thereon, and
34		shall immediately send to each party or his attorney a copy of

1		such decision and a notification of the time when it was filed.
2		Decisions shall be filed within 60 days after the Statement of
3		Exceptions and Supporting Brief and Response thereto are
4		required to be filed or oral argument whichever is later.
5		In the event either party requests oral argument, such
6		argument shall be had before a panel of 3 members of the
7		Commission (or before all available members pursuant to the
8		determination of 5 members of the Commission that such argument
9		be held before all available members of the Commission)
10		pursuant to the rules and regulations of the Commission. A
11		panel of 3 members, which shall be comprised of not more than
12		one representative citizen of the employing class and not more
13		than one representative citizen of the employee class, shall
14		hear the argument; provided that if all the issues in dispute
15		are solely the nature and extent of the permanent partial
16		disability, if any, a majority of the panel may deny the
17		request for such argument and such argument shall not be held;
18		and provided further that 5 members of the Commission may
19		determine that the argument be held before all available
20		members of the Commission. A decision of the Commission shall
21		be approved by a majority of Commissioners present at such
22		hearing if any; provided, if no such hearing is held, a
23		decision of the Commission shall be approved by a majority of a
24		panel of 3 members of the Commission as described in this
25		Section. The Commission shall give 10 days' notice to the
26		parties or their attorneys of the time and place of such taking
27		of testimony and of such argument.
28		In any case the Commission in its decision may in its
29		discretion find specially upon any question or questions of law
30		or facts which shall be submitted in writing by either party
31		whether ultimate or otherwise; provided that on issues other
32		than nature and extent of the disablement, if any, the
33		Commission in its decision shall find specially upon any
34		question or questions of law or fact, whether ultimate or

1		otherwise, which are submitted in writing by either party;
2		provided further that not more than 5 such questions may be
3		submitted by either party. Any party may, within 20 days after
4		receipt of notice of the Commission's decision, or within such
5		further time, not exceeding 30 days, as the Commission may
6		grant, file with the Commission either an agreed statement of
7		the facts appearing upon the hearing, or, if such party shall
8		so elect, a correct transcript of evidence of the additional
9		proceedings presented before the Commission in which report the
10		party may embody a correct statement of such other proceedings
11		in the case as such party may desire to have reviewed, such
12		statement of facts or transcript of evidence to be
13		authenticated by the signature of the parties or their
14		attorneys, and in the event that they do not agree, then the
15		authentication of such transcript of evidence shall be by the
16		signature of any member of the Commission.
17		If a reporter does not for any reason furnish a transcript
18		of the proceedings before the Arbitrator in any case for use on
19		a hearing for review before the Commission, within the
20		limitations of time as fixed in this Section, the Commission
21		may, in its discretion, order a trial de novo before the
22		Commission in such case upon application of either party. The
23		applications for adjustment of claim and other documents in the
24		nature of pleadings filed by either party, together with the
25		decisions of the Arbitrator and of the Commission and the
26		statement of facts or transcript of evidence hereinbefore
27		provided for in paragraphs (b) and (c) shall be the record of
28		the proceedings of the Commission, and shall be subject to
29		review as hereinafter provided.
30		At the request of either party or on its own motion, the
31		Commission shall set forth in writing the reasons for the
32		decision, including findings of fact and conclusions of law,
33		separately stated. The Commission shall by rule adopt a format
34		for written decisions for the Commission and arbitrators. The

1		written decisions shall be concise and shall succinctly state
2		the facts and reasons for the decision. The Commission may
3		adopt in whole or in part, the decision of the arbitrator as
4		the decision of the Commission. When the Commission does so
5		adopt the decision of the arbitrator, it shall do so by order.
6		Whenever the Commission adopts part of the arbitrator's
7		decision, but not all, it shall include in the order the
8		reasons for not adopting all of the arbitrator's decision. When
9		a majority of a panel, after deliberation, has arrived at its
10		decision, the decision shall be filed as provided in this
11		Section without unnecessary delay, and without regard to the
12		fact that a member of the panel has expressed an intention to
13		dissent. Any member of the panel may file a dissent. Any
14		dissent shall be filed no later than 10 days after the decision
15		of the majority has been filed.
16		Decisions rendered by the Commission after the effective
17		date of this amendatory Act of 1980 and dissents, if any, shall
18		be published together by the Commission. The conclusions of law
19		set out in such decisions shall be regarded as precedents by
20		arbitrators, for the purpose of achieving a more uniform
21		administration of this Act.
22		(f) The decision of the Commission acting within its
23		powers, according to the provisions of paragraph (e) of this
24		Section shall, in the absence of fraud, be conclusive unless
25		reviewed as in this paragraph hereinafter provided. However,
26		the Arbitrator or the Commission may on his or its own motion,
27		or on the motion of either party, correct any clerical error or
28		errors in computation within 15 days after the date of receipt
29		of any award by such Arbitrator or any decision on review of
30		the Commission, and shall have the power to recall the original
31		award on arbitration or decision on review, and issue in lieu
32		thereof such corrected award or decision. Where such correction
33		is made the time for review herein specified shall begin to run
34		from the date of the receipt of the corrected award or

1		decision.
2		(1) Except in cases of claims against the State of
3		Illinois, in which case the decision of the Commission
4		shall not be subject to judicial review, the Circuit Court
5		of the county where any of the parties defendant may be
6		found, or if none of the parties defendant be found in this
7		State then the Circuit Court of the county where any of the
8		exposure occurred, shall by summons to the Commission have
9		power to review all questions of law and fact presented by
10		such record.
11		A proceeding for review shall be commenced within 20
12		days of the receipt of notice of the decision of the
13		Commission. The summons shall be issued by the clerk of
14		such court upon written request returnable on a designated
15		return day, not less than 10 or more than 60 days from the
16		date of issuance thereof, and the written request shall
17		contain the last known address of other parties in interest
18		and their attorneys of record who are to be served by
19		summons. Service upon any member of the Commission or the
20		Secretary or the Assistant Secretary thereof shall be
21		service upon the Commission, and service upon other parties
22		in interest and their attorneys of record shall be by
23		summons, and such service shall be made upon the Commission
24		and other parties in interest by mailing notices of the
25		commencement of the proceedings and the return day of the
26		summons to the office of the Commission and to the last
27		known place of residence of other parties in interest or
28		their attorney or attorneys of record. The clerk of the
29		court issuing the summons shall on the day of issue mail
30		notice of the commencement of the proceedings which shall
31		be done by mailing a copy of the summons to the office of
32		the Commission, and a copy of the summons to the other
33		parties in interest or their attorney or attorneys of
34		record and the clerk of the court shall make certificate

1		that he has so sent such notices in pursuance of this
2		Section, which shall be evidence of service on the
3		Commission and other parties in interest.
4		The Commission shall not be required to certify the
5		record of their proceedings in the Circuit Court unless the
6		party commencing the proceedings for review in the Circuit
7		Court as above provided, shall pay to the Commission the
8		sum of 80 cents per page of testimony taken before the
9		Commission, and 35 cents per page of all other matters
10		contained in such record, except as otherwise provided by
11		Section 20 of this Act. Payment for photostatic copies of
12		exhibit shall be extra. It shall be the duty of the
13		Commission upon such payment, or failure to pay as
14		permitted under Section 20 of this Act, to prepare a true
15		and correct typewritten copy of such testimony and a true
16		and correct copy of all other matters contained in such
17		record and certified to by the Secretary or Assistant
18		Secretary thereof.
19		In its decision on review the Commission shall
20		determine in each particular case the amount of the
21		probable cost of the record to be filed as a return to the
22		summons in that case and no request for a summons may be
23		filed and no summons shall issue unless the party seeking
24		to review the decision of the Commission shall exhibit to
25		the clerk of the Circuit Court proof of payment by filing a
26		receipt showing payment or an affidavit of the attorney
27		setting forth that payment has been made of the sums so
28		determined to the Secretary or Assistant Secretary of the
29		Commission.
30		(2) No such summons shall issue unless the one against
31		whom the Commission shall have rendered an award for the
32		payment of money shall upon the filing of his written
33		request for such summons file with the clerk of the court a
34		bond conditioned that if he shall not successfully

1		prosecute the review, he will pay the award and the costs
2		of the proceedings in the court. The amount of the bond
3		shall be fixed by any member of the Commission and the
4		surety or sureties of the bond shall be approved by the
5		clerk of the court. The acceptance of the bond by the clerk
6		of the court shall constitute evidence of his approval of
7		the bond.
8		Every county, city, town, township, incorporated
9		village, school district, body politic or municipal
10		corporation having a population of 500,000 or more against
11		whom the Commission shall have rendered an award for the
12		payment of money shall not be required to file a bond to
13		secure the payment of the award and the costs of the
14		proceedings in the court to authorize the court to issue
15		such summons.
16		The court may confirm or set aside the decision of the
17		Commission. If the decision is set aside and the facts
18		found in the proceedings before the Commission are
19		sufficient, the court may enter such decision as is
20		justified by law, or may remand the cause to the Commission
21		for further proceedings and may state the questions
22		requiring further hearing, and give such other
23		instructions as may be proper. Appeals shall be taken to
24		the Industrial Commission Division of the Appellate Court
25		in accordance with Supreme Court Rules 22(g) and 303.
26		Appeals shall be taken from the Industrial Commission
27		Division of the Appellate Court to the Supreme Court in
28		accordance with Supreme Court Rule 315.
29		It shall be the duty of the clerk of any court
30		rendering a decision affecting or affirming an award of the
31		Commission to promptly furnish the Commission with a copy
32		of such decision, without charge.
33		The decision of a majority of the members of the panel
34		of the Commission, shall be considered the decision of the

1		Commission.
2		(g) Except in the case of a claim against the State of
3		Illinois, either party may present a certified copy of the
4		award of the Arbitrator, or a certified copy of the decision of
5		the Commission when the same has become final, when no
6		proceedings for review are pending, providing for the payment
7		of compensation according to this Act, to the Circuit Court of
8		the county in which such exposure occurred or either of the
9		parties are residents, whereupon the court shall enter a
10		judgment in accordance therewith. In case where the employer
11		refuses to pay compensation according to such final award or
12		such final decision upon which such judgment is entered, the
13		court shall in entering judgment thereon, tax as costs against
14		him the reasonable costs and attorney fees in the arbitration
15		proceedings and in the court entering the judgment for the
16		person in whose favor the judgment is entered, which judgment
17		and costs taxed as herein provided shall, until and unless set
18		aside, have the same effect as though duly entered in an action
19		duly tried and determined by the court, and shall with like
20		effect, be entered and docketed. The Circuit Court shall have
21		power at any time upon application to make any such judgment
22		conform to any modification required by any subsequent decision
23		of the Supreme Court upon appeal, or as the result of any
24		subsequent proceedings for review, as provided in this Act.
25		Judgment shall not be entered until 15 days' notice of the
26		time and place of the application for the entry of judgment
27		shall be served upon the employer by filing such notice with
28		the Commission, which Commission shall, in case it has on file
29		the address of the employer or the name and address of its
30		agent upon whom notices may be served, immediately send a copy
31		of the notice to the employer or such designated agent.
32		(h) An agreement or award under this Act providing for
33		compensation in installments, may at any time within 18 months
34		after such agreement or award be reviewed by the Commission at

1		the request of either the employer or the employee on the
2		ground that the disability of the employee has subsequently
3		recurred, increased, diminished or ended.
4		However, as to disablements occurring subsequently to July
5		1, 1955, which are covered by any agreement or award under this
6		Act providing for compensation in installments made as a result
7		of such disablement, such agreement or award may at any time
8		within 30 months after such agreement or award be reviewed by
9		the Commission at the request of either the employer or the
10		employee on the ground that the disability of the employee has
11		subsequently recurred, increased, diminished or ended.
12		On such review compensation payments may be
13		re-established, increased, diminished or ended. The Commission
14		shall give 15 days' notice to the parties of the hearing for
15		review. Any employee, upon any petition for such review being
16		filed by the employer, shall be entitled to one day's notice
17		for each 100 miles necessary to be traveled by him in attending
18		the hearing of the Commission upon the petition, and 3 days in
19		addition thereto. Such employee shall, at the discretion of the
20		Commission, also be entitled to 5 cents per mile necessarily
21		traveled by him within the State of Illinois in attending such
22		hearing, not to exceed a distance of 300 miles, to be taxed by
23		the Commission as costs and deposited with the petition of the
24		employer.
25		When compensation which is payable in accordance with an
26		award or settlement contract approved by the Commission, is
27		ordered paid in a lump sum by the Commission, no review shall
28		be had as in this paragraph mentioned.
29		(i) Each party, upon taking any proceedings or steps
30		whatsoever before any Arbitrator, Commission or court, shall
31		file with the Commission his address, or the name and address
32		of any agent upon whom all notices to be given to such party
33		shall be served, either personally or by registered mail,
34		addressed to such party or agent at the last address so filed

1		with the Commission. In the event such party has not filed his
2		address, or the name and address of an agent as above provided,
3		service of any notice may be had by filing such notice with the
4		Commission.
5		(j) Whenever in any proceeding testimony has been taken or
6		a final decision has been rendered, and after the taking of
7		such testimony or after such decision has become final, the
8		employee dies, then in any subsequent proceeding brought by the
9		personal representative or beneficiaries of the deceased
10		employee, such testimony in the former proceeding may be
11		introduced with the same force and effect as though the witness
12		having so testified were present in person in such subsequent
13		proceedings and such final decision, if any, shall be taken as
14		final adjudication of any of the issues which are the same in
15		both proceedings.
16		(k) In any case where there has been any unreasonable or
17		vexatious delay of payment or intentional underpayment of
18		compensation, or proceedings have been instituted or carried on
19		by one liable to pay the compensation, which do not present a
20		real controversy, but are merely frivolous or for delay, then
21		the Commission may award compensation additional to that
22		otherwise payable under this Act equal to 50% of the amount
23		payable at the time of such award. Failure to pay compensation
24		in accordance with the provisions of Section 8, paragraph (b)
25		of this Act, shall be considered unreasonable delay. When
26		determining whether this subsection (k) shall apply, the
27		Commission shall consider whether an arbitrator has determined
28		that the claim is not compensable or whether the employer has
29		made payments under Section 8(j) of the Workers' Compensation
30		Act.
31		(k-1) If the employee has made demand for payment of
32		benefits under Section 8(a) or 8(b) of the Workers'
33		Compensation Act, the employer shall have 14 days after receipt
34		of the demand to set forth, in writing, the reason for the

1		delay. Failure by the employer to respond shall give rise to a
2		rebuttable presumption of delay. If the employer or its
3		insurance carrier has failed, neglected, refused, or delayed
4		the payment of benefits under Section 8(a) or Section 8(b) of
5		the Workers' Compensation Act and the Arbitrator or Commission
6		awards benefits under Section 8(a) or 8(b) of the Workers'
7		Compensation Act, the employee shall receive additional
8		compensation in the sum of $30 per day for each day that the
9		benefits have been so withheld, refused, or delayed, up to
10		$16,425, as well as the costs of litigation, including
11		attorney's fees.
12		(l) By the 15th day of each month each insurer providing
13		coverage for losses under this Act shall notify each insured
14		employer of any compensable claim incurred during the preceding
15		month and the amounts paid or reserved on the claim including a
16		summary of the claim and a brief statement of the reasons for
17		compensability. A cumulative report of all claims incurred
18		during a calendar year or continued from the previous year
19		shall be furnished to the insured employer by the insurer
20		within 30 days after the end of that calendar year.
21		The insured employer may challenge, in proceeding before
22		the Commission, payments made by the insurer without
23		arbitration and payments made after a case is determined to be
24		noncompensable. If the Commission finds that the case was not
25		compensable, the insurer shall purge its records as to that
26		employer of any loss or expense associated with the claim,
27		reimburse the employer for attorneys fee arising from the
28		challenge and for any payment required of the employer to the
29		Rate Adjustment Fund or the Second Injury Fund, and may not
30		effect the loss or expense for rate making purposes. The
31		employee shall not be required to refund the challenged
32		payment. The decision of the Commission may be reviewed in the
33		same manner as in arbitrated cases. No challenge may be
34		initiated under this paragraph more than 3 years after the

1		payment is made. An employer may waive the right of challenge
2		under this paragraph on a case by case basis.
3		(m) After filing an application for adjustment of claim but
4		prior to the hearing on arbitration the parties may voluntarily
5		agree to submit such application for adjustment of claim for
6		decision by an arbitrator under this subsection (m) where such
7		application for adjustment of claim raises only a dispute over
8		temporary total disability, permanent partial disability or
9		medical expenses. Such agreement shall be in writing in such
10		form as provided by the Commission. Applications for adjustment
11		of claim submitted for decision by an arbitrator under this
12		subsection (m) shall proceed according to rule as established
13		by the Commission. The Commission shall promulgate rules
14		including, but not limited to, rules to ensure that the parties
15		are adequately informed of their rights under this subsection
16		(m) and of the voluntary nature of proceedings under this
17		subsection (m). The findings of fact made by an arbitrator
18		acting within his or her powers under this subsection (m) in
19		the absence of fraud shall be conclusive. However, the
20		arbitrator may on his own motion, or the motion of either
21		party, correct any clerical errors or errors in computation
22		within 15 days after the date of receipt of such award of the
23		arbitrator and shall have the power to recall the original
24		award on arbitration, and issue in lieu thereof such corrected
25		award. The decision of the arbitrator under this subsection (m)
26		shall be considered the decision of the Commission and
27		proceedings for review of questions of law arising from the
28		decision may be commenced by either party pursuant to
29		subsection (f) of Section 19. The Advisory Board established
30		under Section 13.1 of the Workers' Compensation Act shall
31		compile a list of certified Commission arbitrators, each of
32		whom shall be approved by at least 7 members of the Advisory
33		Board. The chairman shall select 5 persons from such list to
34		serve as arbitrators under this subsection (m). By agreement,

1		the parties shall select one arbitrator from among the 5
2		persons selected by the chairman except, that if the parties do
3		not agree on an arbitrator from among the 5 persons, the
4		parties may, by agreement, select an arbitrator of the American
5		Arbitration Association, whose fee shall be paid by the State
6		in accordance with rules promulgated by the Commission.
7		Arbitration under this subsection (m) shall be voluntary.
8		(Source: P.A. 86-998; 87-435.)

9		Section 95. Applicability. The amendatory changes to
10		subsections (a) and (b) of Section 8, Section 10, and
11		subsection (l) of Section 19 of the Workers' Compensation Act
12		and subsection (k-1) of Section 19 of the Workers' Occupational
13		Diseases Act apply to accidental injuries or diseases that
14		occur on or after January 1, 2005.

15		Section 98. Inseverability. The provisions of this Act are
16		mutually dependent and inseverable. If any provision or its
17		application to any person or circumstance is held invalid, then
18		this entire Act is invalid.

Section 99. Effective date. This Act takes effect upon becoming law.".