HB6648 93RD GENERAL ASSEMBLY

LRB093 14310 WGH 47256 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6648

Introduced 02/09/04, by Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

See Index

Amends the Workers' Compensation Act, the Workers' Occupational Diseases Act, and other Acts. Changes the name of the Industrial Commission to the Illinois Workers' Compensation Commission. Changes the name of the Industrial Commission Operations Fund to the Illinois Workers' Compensation Commission Operations Fund.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning workers' compensation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

4		Section 5. The Intergovernmental Cooperation Act is
5		amended by changing Section 6 as follows:
6		(5 ILCS 220/6) (from Ch. 127, par. 746)
7		Sec. 6. Joint self-insurance. An intergovernmental
8		contract may, among other undertakings, authorize public
9		agencies to jointly self-insure and authorize each public
10		agency member of the contract to utilize its funds to pay to a
11		joint insurance pool its costs and reserves to protect, wholly
12		or partially, itself or any public agency member of the
13		contract against liability or loss in the designated insurable
14		area. A joint insurance pool shall have an annual audit
15		performed by an independent certified public accountant and
16		shall file an annual audited financial report with the Director
17		of Insurance no later than 150 days after the end of the pool's
18		immediately preceding fiscal year. The Director of Insurance
19		shall issue rules necessary to implement this audit and report
20		requirement. The rule shall establish the due date for filing
21		the initial annual audited financial report. Within 30 days
22		after January 1, 1991, and within 30 days after each January 1
23		thereafter, public agencies that are jointly self-insured to
24		protect against liability under the Workers' Compensation Act
25		and the Workers' Occupational Diseases Act shall file with the
26		Illinois Workers' Compensation Industrial Commission a report
27		indicating an election to self-insure.
28		For purposes of this Section, "public agency member" means
29		any public agency defined or created under this Act, any local
30		public entity as defined in Section 1-206 of the Local
31		Governmental and Governmental Employees Tort Immunity Act, and
32		any public agency, authority, instrumentality, council, board,

1		service region, district, unit, bureau, or, commission, or any
2		municipal corporation, college, or university, whether
3		corporate or otherwise, and any other local governmental body
4		or similar entity that is presently existing or created after
5		the effective date of this amendatory Act of the 92nd General
6		Assembly, whether or not specified in this Section. Only public
7		agency members with tax receipts, tax revenues, taxing
8		authority, or other resources sufficient to pay costs and to
9		service debt related to intergovernmental activities described
10		in this Section, or public agency members created by or as part
11		of a public agency with these powers, may enter into contracts
12		or otherwise associate among themselves as permitted in this
13		Section.
14		(Source: P.A. 92-530, eff. 2-8-02.)

15		Section 10. The Illinois Governmental Ethics Act is amended
16		by changing Section 2-104 as follows:
17		(5 ILCS 420/2-104) (from Ch. 127, par. 602-104)
18		Sec. 2-104.
19		No legislator may accept or participate in any way in any
20		representation case, as that term is defined in Section 1-113,
21		before (1) the Court of Claims of this State or (2) before the
22		Illinois Workers' Compensation Industrial Commission of this
23		State, when the State of Illinois is the respondent.
24		This Section does not prohibit participation in such a
25		representation case by a person with whom the legislator
26		maintains a close economic association, unless the fact of that
27		association is used to influence or attempt to influence the
28		State agency in the rendering of its decision.
29		A violation of this Section is a Class A misdemeanor.
30		(Source: P. A. 78-695.)

31		Section 15. The Executive Reorganization Implementation
32		Act is amended by changing Section 3.1 as follows:

1		(15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
2		Sec. 3.1. "Agency directly responsible to the Governor" or
3		"agency" means any office, officer, division, or part thereof,
4		and any other office, nonelective officer, department,
5		division, bureau, board, or commission in the executive branch
6		of State government, except that it does not apply to any
7		agency whose primary function is service to the General
8		Assembly or the Judicial Branch of State government, or to any
9		agency administered by the Attorney General, Secretary of
10		State, State Comptroller or State Treasurer. In addition the
11		term does not apply to the following agencies created by law
12		with the primary responsibility of exercising regulatory or
13		adjudicatory functions independently of the Governor:
14		(1) the State Board of Elections;
15		(2) the State Board of Education;
16		(3) the Illinois Commerce Commission;
17		(4) the Illinois Workers' Compensation Industrial
18		Commission;
19		(5) the Civil Service Commission;
20		(6) the Fair Employment Practices Commission;
21		(7) the Pollution Control Board;
22		(8) the Department of State Police Merit Board.
23		(Source: P.A. 84-25.)

24		Section 20. The Personnel Code is amended by changing
25		Sections 4c, 4d, and 11 as follows:
26		(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
27		Sec. 4c. General exemptions. The following positions in
28		State service shall be exempt from jurisdictions A, B, and C,
29		unless the jurisdictions shall be extended as provided in this
30		Act:
31		(1) All officers elected by the people.
32		(2) All positions under the Lieutenant Governor,
33		Secretary of State, State Treasurer, State Comptroller,
34		State Board of Education, Clerk of the Supreme Court, and

1		Attorney General.
2		(3) Judges, and officers and employees of the courts,
3		and notaries public.
4		(4) All officers and employees of the Illinois General
5		Assembly, all employees of legislative commissions, all
6		officers and employees of the Illinois Legislative
7		Reference Bureau, the Legislative Research Unit, and the
8		Legislative Printing Unit.
9		(5) All positions in the Illinois National Guard and
10		Illinois State Guard, paid from federal funds or positions
11		in the State Military Service filled by enlistment and paid
12		from State funds.
13		(6) All employees of the Governor at the executive
14		mansion and on his immediate personal staff.
15		(7) Directors of Departments, the Adjutant General,
16		the Assistant Adjutant General, the Director of the
17		Illinois Emergency Management Agency, members of boards
18		and commissions, and all other positions appointed by the
19		Governor by and with the consent of the Senate.
20		(8) The presidents, other principal administrative
21		officers, and teaching, research and extension faculties
22		of Chicago State University, Eastern Illinois University,
23		Governors State University, Illinois State University,
24		Northeastern Illinois University, Northern Illinois
25		University, Western Illinois University, the Illinois
26		Community College Board, Southern Illinois University,
27		Illinois Board of Higher Education, University of
28		Illinois, State Universities Civil Service System,
29		University Retirement System of Illinois, and the
30		administrative officers and scientific and technical staff
31		of the Illinois State Museum.
32		(9) All other employees except the presidents, other
33		principal administrative officers, and teaching, research
34		and extension faculties of the universities under the
35		jurisdiction of the Board of Regents and the colleges and
36		universities under the jurisdiction of the Board of

1		Governors of State Colleges and Universities, Illinois
2		Community College Board, Southern Illinois University,
3		Illinois Board of Higher Education, Board of Governors of
4		State Colleges and Universities, the Board of Regents,
5		University of Illinois, State Universities Civil Service
6		System, University Retirement System of Illinois, so long
7		as these are subject to the provisions of the State
8		Universities Civil Service Act.
9		(10) The State Police so long as they are subject to
10		the merit provisions of the State Police Act.
11		(11) The scientific staff of the State Scientific
12		Surveys and the Waste Management and Research Center.
13		(12) The technical and engineering staffs of the
14		Department of Transportation, the Department of Nuclear
15		Safety, the Pollution Control Board, and the Illinois
16		Commerce Commission, and the technical and engineering
17		staff providing architectural and engineering services in
18		the Department of Central Management Services.
19		(13) All employees of the Illinois State Toll Highway
20		Authority.
21		(14) The Secretary of the Illinois Workers'
22		Compensation Industrial Commission.
23		(15) All persons who are appointed or employed by the
24		Director of Insurance under authority of Section 202 of the
25		Illinois Insurance Code to assist the Director of Insurance
26		in discharging his responsibilities relating to the
27		rehabilitation, liquidation, conservation, and dissolution
28		of companies that are subject to the jurisdiction of the
29		Illinois Insurance Code.
30		(16) All employees of the St. Louis Metropolitan Area
31		Airport Authority.
32		(17) All investment officers employed by the Illinois
33		State Board of Investment.
34		(18) Employees of the Illinois Young Adult
35		Conservation Corps program, administered by the Illinois
36		Department of Natural Resources, authorized grantee under

1		Title VIII of the Comprehensive Employment and Training Act
2		of 1973, 29 USC 993.
3		(19) Seasonal employees of the Department of
4		Agriculture for the operation of the Illinois State Fair
5		and the DuQuoin State Fair, no one person receiving more
6		than 29 days of such employment in any calendar year.
7		(20) All "temporary" employees hired under the
8		Department of Natural Resources' Illinois Conservation
9		Service, a youth employment program that hires young people
10		to work in State parks for a period of one year or less.
11		(21) All hearing officers of the Human Rights
12		Commission.
13		(22) All employees of the Illinois Mathematics and
14		Science Academy.
15		(23) All employees of the Kankakee River Valley Area
16		Airport Authority.
17		(Source: P.A. 90-490, eff. 8-17-97; 91-214, eff. 1-1-00;
18		91-357, eff. 7-29-99.)
19		(20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
20		Sec. 4d. Partial exemptions. The following positions in
21		State service are exempt from jurisdictions A, B, and C to the
22		extent stated for each, unless those jurisdictions are extended
23		as provided in this Act:
24		(1) In each department, board or commission that now
25		maintains or may hereafter maintain a major administrative
26		division, service or office in both Sangamon County and Cook
27		County, 2 private secretaries for the director or chairman
28		thereof, one located in the Cook County office and the other
29		located in the Sangamon County office, shall be exempt from
30		jurisdiction B; in all other departments, boards and
31		commissions one private secretary for the director or chairman
32		thereof shall be exempt from jurisdiction B. In all
33		departments, boards and commissions one confidential assistant
34		for the director or chairman thereof shall be exempt from
35		jurisdiction B. This paragraph is subject to such modifications

1		or waiver of the exemptions as may be necessary to assure the
2		continuity of federal contributions in those agencies
3		supported in whole or in part by federal funds.
4		(2) The resident administrative head of each State
5		charitable, penal and correctional institution, the chaplains
6		thereof, and all member, patient and inmate employees are
7		exempt from jurisdiction B.
8		(3) The Civil Service Commission, upon written
9		recommendation of the Director of Central Management Services,
10		shall exempt from jurisdiction B other positions which, in the
11		judgment of the Commission, involve either principal
12		administrative responsibility for the determination of policy
13		or principal administrative responsibility for the way in which
14		policies are carried out, except positions in agencies which
15		receive federal funds if such exemption is inconsistent with
16		federal requirements, and except positions in agencies
17		supported in whole by federal funds.
18		(4) All beauticians and teachers of beauty culture and
19		teachers of barbering, and all positions heretofore paid under
20		Section 1.22 of "An Act to standardize position titles and
21		salary rates", approved June 30, 1943, as amended, shall be
22		exempt from jurisdiction B.
23		(5) Licensed attorneys in positions as legal or technical
24		advisors, positions in the Department of Natural Resources
25		requiring incumbents to be either a registered professional
26		engineer or to hold a bachelor's degree in engineering from a
27		recognized college or university, licensed physicians in
28		positions of medical administrator or physician or physician
29		specialist (including psychiatrists), and registered nurses
30		(except those registered nurses employed by the Department of
31		Public Health), except those in positions in agencies which
32		receive federal funds if such exemption is inconsistent with
33		federal requirements and except those in positions in agencies
34		supported in whole by federal funds, are exempt from
35		jurisdiction B only to the extent that the requirements of
36		Section 8b.1, 8b.3 and 8b.5 of this Code need not be met.

1		(6) All positions established outside the geographical
2		limits of the State of Illinois to which appointments of other
3		than Illinois citizens may be made are exempt from jurisdiction
4		B.
5		(7) Staff attorneys reporting directly to individual
6		Commissioners of the Illinois Workers' Compensation Industrial
7		Commission are exempt from jurisdiction B.
8		(Source: P.A. 89-77, eff. 6-30-95; 89-439, eff. 6-1-96; 89-626,
9		eff. 8-9-96.)
10		(20 ILCS 415/11) (from Ch. 127, par. 63b111)
11		Sec. 11. Hearing - Disciplinary action. No officer or
12		employee under jurisdiction B, relating to merit and fitness,
13		who has been appointed under the rules and after examination,
14		shall be removed discharged or demoted, or be suspended for a
15		period of more than 30 days, in any 12 month period, except for
16		cause, upon written charges approved by the Director of Central
17		Management Services, and after an opportunity to be heard in
18		his own defense if he makes written request to the Commission
19		within 15 days after the serving of the written charges upon
20		him. Upon the filing of such a request for a hearing, the
21		Commission shall grant a hearing within 30 days. The time and
22		place of the hearing shall be fixed by the Commission, and due
23		notice thereof given the appointing officer and the employee.
24		The hearing shall be public, and the officer or employee is
25		entitled to call witnesses in his own defense and to have the
26		aid of counsel. The finding and decision of the Commission, or
27		the approval by the Commission of the finding and decision of
28		the officer or board appointed by it to conduct such
29		investigation, shall be rendered within 60 days after the
30		receipt of the transcript of the proceedings. If the finding
31		and decision is not rendered within 60 days after receipt of
32		the transcript of the proceedings, the employee shall be
33		considered to be reinstated and shall receive full compensation
34		for the period for which he was suspended. The finding and
35		decision of the Commission or officer or board appointed by it

1		to conduct investigation, when approved by the Commission,
2		shall be certified to the Director, and shall be forthwith
3		enforced by the Director. In making its finding and decision,
4		or in approving the finding and decision of some officer or
5		board appointed by it to conduct such investigation, the Civil
6		Service Commission may, for disciplinary purposes, suspend an
7		employee for a period of time not to exceed 90 days, and in no
8		event to exceed a period of 120 days from the date of any
9		suspension of such employee, pending investigation of such
10		charges. If the Commission certifies a decision that an officer
11		or employee is to be retained in his position and if it does
12		not order a suspension for disciplinary purposes, the officer
13		or employee shall receive full compensation for any period
14		during which he was suspended pending the investigation of the
15		charges.
16		Nothing in this Section shall limit the authority to
17		suspend an employee for a reasonable period not exceeding 30
18		days, in any 12 month period.
19		Notwithstanding the provisions of this Section, an
20		arbitrator of the Illinois Workers' Compensation Industrial
21		Commission, appointed pursuant to Section 14 of the Workers'
22		Compensation Act, may be removed by the Governor upon the
23		recommendation of the Commission Review Board pursuant to
24		Section 14.1 of such Act.
25		Notwithstanding the provisions of this Section, a policy
26		making officer of a State agency, as defined in the Employee
27		Rights Violation Act, shall be discharged from State employment
28		as provided in the Employee Rights Violation Act, enacted by
29		the 85th General Assembly.
30		(Source: P.A. 85-1436.)

31		Section 25. The State Finance Act is amended by changing
32		Sections 5.454 and 8.3 as follows:
33		(30 ILCS 105/5.454)
34		Sec. 5.454. The Illinois Workers' Compensation Industrial

1		Commission Operations Fund.
2		(Source: P.A. 90-109, eff. 1-1-98; 90-655, eff. 7-30-98.)
3		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
4		Sec. 8.3. Money in the Road Fund shall, if and when the
5		State of Illinois incurs any bonded indebtedness for the
6		construction of permanent highways, be set aside and used for
7		the purpose of paying and discharging annually the principal
8		and interest on that bonded indebtedness then due and payable,
9		and for no other purpose. The surplus, if any, in the Road Fund
10		after the payment of principal and interest on that bonded
11		indebtedness then annually due shall be used as follows:
12		first -- to pay the cost of administration of Chapters
13		2 through 10 of the Illinois Vehicle Code, except the cost
14		of administration of Articles I and II of Chapter 3 of that
15		Code; and
16		secondly -- for expenses of the Department of
17		Transportation for construction, reconstruction,
18		improvement, repair, maintenance, operation, and
19		administration of highways in accordance with the
20		provisions of laws relating thereto, or for any purpose
21		related or incident to and connected therewith, including
22		the separation of grades of those highways with railroads
23		and with highways and including the payment of awards made
24		by the Illinois Workers' Compensation Industrial
25		Commission under the terms of the Workers' Compensation Act
26		or Workers' Occupational Diseases Act for injury or death
27		of an employee of the Division of Highways in the
28		Department of Transportation; or for the acquisition of
29		land and the erection of buildings for highway purposes,
30		including the acquisition of highway right-of-way or for
31		investigations to determine the reasonably anticipated
32		future highway needs; or for making of surveys, plans,
33		specifications and estimates for and in the construction
34		and maintenance of flight strips and of highways necessary
35		to provide access to military and naval reservations, to

1		defense industries and defense-industry sites, and to the
2		sources of raw materials and for replacing existing
3		highways and highway connections shut off from general
4		public use at military and naval reservations and
5		defense-industry sites, or for the purchase of
6		right-of-way, except that the State shall be reimbursed in
7		full for any expense incurred in building the flight
8		strips; or for the operating and maintaining of highway
9		garages; or for patrolling and policing the public highways
10		and conserving the peace; or for any of those purposes or
11		any other purpose that may be provided by law.
12		Appropriations for any of those purposes are payable from
13		the Road Fund. Appropriations may also be made from the Road
14		Fund for the administrative expenses of any State agency that
15		are related to motor vehicles or arise from the use of motor
16		vehicles.
17		Beginning with fiscal year 1980 and thereafter, no Road
18		Fund monies shall be appropriated to the following Departments
19		or agencies of State government for administration, grants, or
20		operations; but this limitation is not a restriction upon
21		appropriating for those purposes any Road Fund monies that are
22		eligible for federal reimbursement;
23		1. Department of Public Health;
24		2. Department of Transportation, only with respect to
25		subsidies for one-half fare Student Transportation and
26		Reduced Fare for Elderly;
27		3. Department of Central Management Services, except
28		for expenditures incurred for group insurance premiums of
29		appropriate personnel;
30		4. Judicial Systems and Agencies.
31		Beginning with fiscal year 1981 and thereafter, no Road
32		Fund monies shall be appropriated to the following Departments
33		or agencies of State government for administration, grants, or
34		operations; but this limitation is not a restriction upon
35		appropriating for those purposes any Road Fund monies that are
36		eligible for federal reimbursement:

1		1. Department of State Police, except for expenditures
2		with respect to the Division of Operations;
3		2. Department of Transportation, only with respect to
4		Intercity Rail Subsidies and Rail Freight Services.
5		Beginning with fiscal year 1982 and thereafter, no Road
6		Fund monies shall be appropriated to the following Departments
7		or agencies of State government for administration, grants, or
8		operations; but this limitation is not a restriction upon
9		appropriating for those purposes any Road Fund monies that are
10		eligible for federal reimbursement: Department of Central
11		Management Services, except for awards made by the Illinois
12		Workers' Compensation Industrial Commission under the terms of
13		the Workers' Compensation Act or Workers' Occupational
14		Diseases Act for injury or death of an employee of the Division
15		of Highways in the Department of Transportation.
16		Beginning with fiscal year 1984 and thereafter, no Road
17		Fund monies shall be appropriated to the following Departments
18		or agencies of State government for administration, grants, or
19		operations; but this limitation is not a restriction upon
20		appropriating for those purposes any Road Fund monies that are
21		eligible for federal reimbursement:
22		1. Department of State Police, except not more than 40%
23		of the funds appropriated for the Division of Operations;
24		2. State Officers.
25		Beginning with fiscal year 1984 and thereafter, no Road
26		Fund monies shall be appropriated to any Department or agency
27		of State government for administration, grants, or operations
28		except as provided hereafter; but this limitation is not a
29		restriction upon appropriating for those purposes any Road Fund
30		monies that are eligible for federal reimbursement. It shall
31		not be lawful to circumvent the above appropriation limitations
32		by governmental reorganization or other methods.
33		Appropriations shall be made from the Road Fund only in
34		accordance with the provisions of this Section.
35		Money in the Road Fund shall, if and when the State of
36		Illinois incurs any bonded indebtedness for the construction of

1		permanent highways, be set aside and used for the purpose of
2		paying and discharging during each fiscal year the principal
3		and interest on that bonded indebtedness as it becomes due and
4		payable as provided in the Transportation Bond Act, and for no
5		other purpose. The surplus, if any, in the Road Fund after the
6		payment of principal and interest on that bonded indebtedness
7		then annually due shall be used as follows:
8		first -- to pay the cost of administration of Chapters
9		2 through 10 of the Illinois Vehicle Code; and
10		secondly -- no Road Fund monies derived from fees,
11		excises, or license taxes relating to registration,
12		operation and use of vehicles on public highways or to
13		fuels used for the propulsion of those vehicles, shall be
14		appropriated or expended other than for costs of
15		administering the laws imposing those fees, excises, and
16		license taxes, statutory refunds and adjustments allowed
17		thereunder, administrative costs of the Department of
18		Transportation, payment of debts and liabilities incurred
19		in construction and reconstruction of public highways and
20		bridges, acquisition of rights-of-way for and the cost of
21		construction, reconstruction, maintenance, repair, and
22		operation of public highways and bridges under the
23		direction and supervision of the State, political
24		subdivision, or municipality collecting those monies, and
25		the costs for patrolling and policing the public highways
26		(by State, political subdivision, or municipality
27		collecting that money) for enforcement of traffic laws. The
28		separation of grades of such highways with railroads and
29		costs associated with protection of at-grade highway and
30		railroad crossing shall also be permissible.
31		Appropriations for any of such purposes are payable from
32		the Road Fund or the Grade Crossing Protection Fund as provided
33		in Section 8 of the Motor Fuel Tax Law.
34		Except as provided in this paragraph, beginning with fiscal
35		year 1991 and thereafter, no Road Fund monies shall be
36		appropriated to the Department of State Police for the purposes

1		of this Section in excess of its total fiscal year 1990 Road
2		Fund appropriations for those purposes unless otherwise
3		provided in Section 5g of this Act. For fiscal years 2003 and
4		2004 only, no Road Fund monies shall be appropriated to the
5		Department of State Police for the purposes of this Section in
6		excess of $97,310,000. It shall not be lawful to circumvent
7		this limitation on appropriations by governmental
8		reorganization or other methods unless otherwise provided in
9		Section 5g of this Act.
10		In fiscal year 1994, no Road Fund monies shall be
11		appropriated to the Secretary of State for the purposes of this
12		Section in excess of the total fiscal year 1991 Road Fund
13		appropriations to the Secretary of State for those purposes,
14		plus $9,800,000. It shall not be lawful to circumvent this
15		limitation on appropriations by governmental reorganization or
16		other method.
17		Beginning with fiscal year 1995 and thereafter, no Road
18		Fund monies shall be appropriated to the Secretary of State for
19		the purposes of this Section in excess of the total fiscal year
20		1994 Road Fund appropriations to the Secretary of State for
21		those purposes. It shall not be lawful to circumvent this
22		limitation on appropriations by governmental reorganization or
23		other methods.
24		Beginning with fiscal year 2000, total Road Fund
25		appropriations to the Secretary of State for the purposes of
26		this Section shall not exceed the amounts specified for the
27		following fiscal years:
35		It shall not be lawful to circumvent this limitation on
36		appropriations by governmental reorganization or other

1		methods.
2		No new program may be initiated in fiscal year 1991 and
3		thereafter that is not consistent with the limitations imposed
4		by this Section for fiscal year 1984 and thereafter, insofar as
5		appropriation of Road Fund monies is concerned.
6		Nothing in this Section prohibits transfers from the Road
7		Fund to the State Construction Account Fund under Section 5e of
8		this Act; nor to the General Revenue Fund, as authorized by
9		this amendatory Act of the 93rd General Assembly.
10		The additional amounts authorized for expenditure in this
11		Section by this amendatory Act of the 92nd General Assembly
12		shall be repaid to the Road Fund from the General Revenue Fund
13		in the next succeeding fiscal year that the General Revenue
14		Fund has a positive budgetary balance, as determined by
15		generally accepted accounting principles applicable to
16		government.
17		The additional amounts authorized for expenditure by the
18		Secretary of State and the Department of State Police in this
19		Section by this amendatory Act of the 93rd General Assembly
20		shall be repaid to the Road Fund from the General Revenue Fund
21		in the next succeeding fiscal year that the General Revenue
22		Fund has a positive budgetary balance, as determined by
23		generally accepted accounting principles applicable to
24		government.
25		(Source: P.A. 92-600, eff. 6-28-02; 93-25, eff. 6-20-03.)

26		Section 30. The State Employee Industrial Commission
27		Awards Act is amended by changing Sections 0.01, 3, and 4 as
28		follows:
29		(30 ILCS 260/0.01) (from Ch. 127, par. 179.9)
30		Sec. 0.01. Short title. This Act may be cited as the State
31		Employee Illinois Workers' Compensation Industrial Commission
32		Awards Act.
33		(Source: P.A. 86-1324.)

1		(30 ILCS 260/3) (from Ch. 127, par. 180)
2		Sec. 3. Whenever the Illinois Workers' Compensation
3		Industrial Commission or the Court of Claims makes an award
4		under the terms of the Workers' Compensation Act or the
5		Workers' Occupational Diseases Act for personal injuries or
6		death of any State employee, and such award is approved by the
7		Department of Central Management Services, such award shall be
8		certified to the State Comptroller. Upon the approval of such
9		award by the Department of Central Management Services, the
10		Comptroller is directed to draw his warrant payable to the
11		payee named, for the amount so certified, payable from the
12		General Revenue Fund, except in cases of compensation of
13		employees of the Division of Highways, Department of
14		Transportation, which shall be paid from the Road Fund.
15		(Source: P.A. 83-316.)
16		(30 ILCS 260/4) (from Ch. 127, par. 181)
17		Sec. 4. In the event the award provides for payments in
18		installments, the Illinois Workers' Compensation Industrial
19		Commission or the clerk of the Court of Claims, as the case may
20		be, shall furnish the State Comptroller and the Department of
21		Central Management Services with a certified copy of such award
22		and upon receipt thereof the Comptroller and the Department of
23		Central Management Services shall pay such award at such
24		intervals and in such amount as awarded.
25		(Source: P.A. 82-789.)

26		Section 35. The Illinois Income Tax Act is amended by
27		changing Section 917 as follows:
28		(35 ILCS 5/917) (from Ch. 120, par. 9-917)
29		Sec. 917. Confidentiality and information sharing.
30		(a) Confidentiality. Except as provided in this Section,
31		all information received by the Department from returns filed
32		under this Act, or from any investigation conducted under the
33		provisions of this Act, shall be confidential, except for

1		official purposes within the Department or pursuant to official
2		procedures for collection of any State tax or pursuant to an
3		investigation or audit by the Illinois State Scholarship
4		Commission of a delinquent student loan or monetary award or
5		enforcement of any civil or criminal penalty or sanction
6		imposed by this Act or by another statute imposing a State tax,
7		and any person who divulges any such information in any manner,
8		except for such purposes and pursuant to order of the Director
9		or in accordance with a proper judicial order, shall be guilty
10		of a Class A misdemeanor. However, the provisions of this
11		paragraph are not applicable to information furnished to a
12		licensed attorney representing the taxpayer where an appeal or
13		a protest has been filed on behalf of the taxpayer.
14		(b) Public information. Nothing contained in this Act shall
15		prevent the Director from publishing or making available to the
16		public the names and addresses of persons filing returns under
17		this Act, or from publishing or making available reasonable
18		statistics concerning the operation of the tax wherein the
19		contents of returns are grouped into aggregates in such a way
20		that the information contained in any individual return shall
21		not be disclosed.
22		(c) Governmental agencies. The Director may make available
23		to the Secretary of the Treasury of the United States or his
24		delegate, or the proper officer or his delegate of any other
25		state imposing a tax upon or measured by income, for
26		exclusively official purposes, information received by the
27		Department in the administration of this Act, but such
28		permission shall be granted only if the United States or such
29		other state, as the case may be, grants the Department
30		substantially similar privileges. The Director may exchange
31		information with the Illinois Department of Public Aid and the
32		Department of Human Services (acting as successor to the
33		Department of Public Aid under the Department of Human Services
34		Act) for the purpose of verifying sources and amounts of income
35		and for other purposes directly connected with the
36		administration of this Act and the Illinois Public Aid Code.

1		The Director may exchange information with the Director of the
2		Department of Employment Security for the purpose of verifying
3		sources and amounts of income and for other purposes directly
4		connected with the administration of this Act and Acts
5		administered by the Department of Employment Security. The
6		Director may make available to the Illinois Workers'
7		Compensation Industrial Commission information regarding
8		employers for the purpose of verifying the insurance coverage
9		required under the Workers' Compensation Act and Workers'
10		Occupational Diseases Act.
11		The Director may make available to any State agency,
12		including the Illinois Supreme Court, which licenses persons to
13		engage in any occupation, information that a person licensed by
14		such agency has failed to file returns under this Act or pay
15		the tax, penalty and interest shown therein, or has failed to
16		pay any final assessment of tax, penalty or interest due under
17		this Act. The Director may make available to any State agency,
18		including the Illinois Supreme Court, information regarding
19		whether a bidder, contractor, or an affiliate of a bidder or
20		contractor has failed to file returns under this Act or pay the
21		tax, penalty, and interest shown therein, or has failed to pay
22		any final assessment of tax, penalty, or interest due under
23		this Act, for the limited purpose of enforcing bidder and
24		contractor certifications. For purposes of this Section, the
25		term "affiliate" means any entity that (1) directly,
26		indirectly, or constructively controls another entity, (2) is
27		directly, indirectly, or constructively controlled by another
28		entity, or (3) is subject to the control of a common entity.
29		For purposes of this subsection (a), an entity controls another
30		entity if it owns, directly or individually, more than 10% of
31		the voting securities of that entity. As used in this
32		subsection (a), the term "voting security" means a security
33		that (1) confers upon the holder the right to vote for the
34		election of members of the board of directors or similar
35		governing body of the business or (2) is convertible into, or
36		entitles the holder to receive upon its exercise, a security

1		that confers such a right to vote. A general partnership
2		interest is a voting security.
3		The Director may make available to any State agency,
4		including the Illinois Supreme Court, units of local
5		government, and school districts, information regarding
6		whether a bidder or contractor is an affiliate of a person who
7		is not collecting and remitting Illinois Use taxes, for the
8		limited purpose of enforcing bidder and contractor
9		certifications.
10		The Director may also make available to the Secretary of
11		State information that a corporation which has been issued a
12		certificate of incorporation by the Secretary of State has
13		failed to file returns under this Act or pay the tax, penalty
14		and interest shown therein, or has failed to pay any final
15		assessment of tax, penalty or interest due under this Act. An
16		assessment is final when all proceedings in court for review of
17		such assessment have terminated or the time for the taking
18		thereof has expired without such proceedings being instituted.
19		For taxable years ending on or after December 31, 1987, the
20		Director may make available to the Director or principal
21		officer of any Department of the State of Illinois, information
22		that a person employed by such Department has failed to file
23		returns under this Act or pay the tax, penalty and interest
24		shown therein. For purposes of this paragraph, the word
25		"Department" shall have the same meaning as provided in Section
26		3 of the State Employees Group Insurance Act of 1971.
27		(d) The Director shall make available for public inspection
28		in the Department's principal office and for publication, at
29		cost, administrative decisions issued on or after January 1,
30		1995. These decisions are to be made available in a manner so
31		that the following taxpayer information is not disclosed:
32		(1) The names, addresses, and identification numbers
33		of the taxpayer, related entities, and employees.
34		(2) At the sole discretion of the Director, trade
35		secrets or other confidential information identified as
36		such by the taxpayer, no later than 30 days after receipt

1		of an administrative decision, by such means as the
2		Department shall provide by rule.
3		The Director shall determine the appropriate extent of the
4		deletions allowed in paragraph (2). In the event the taxpayer
5		does not submit deletions, the Director shall make only the
6		deletions specified in paragraph (1).
7		The Director shall make available for public inspection and
8		publication an administrative decision within 180 days after
9		the issuance of the administrative decision. The term
10		"administrative decision" has the same meaning as defined in
11		Section 3-101 of Article III of the Code of Civil Procedure.
12		Costs collected under this Section shall be paid into the Tax
13		Compliance and Administration Fund.
14		(e) Nothing contained in this Act shall prevent the
15		Director from divulging information to any person pursuant to a
16		request or authorization made by the taxpayer, by an authorized
17		representative of the taxpayer, or, in the case of information
18		related to a joint return, by the spouse filing the joint
19		return with the taxpayer.
20		(Source: P.A. 93-25, eff. 6-20-03.)

21		Section 40. The Illinois Pension Code is amended by
22		changing Sections 9-159, 12-141, 13-309, 14-123, 14-123.1,
23		14-128, 14-129, 16-149.1, and 17-117.1 as follows:
24		(40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
25		Sec. 9-159. When disability benefit not payable. (a) If an
26		employee receiving duty disability or ordinary disability
27		benefit refuses to submit to examination by a physician
28		appointed by the board, he shall have no further right to
29		receive the benefit.
30		(b) Disability benefit shall not be paid for any time for
31		which the employee receives any part of his salary, or while
32		employed by any public body supported in whole or in part by
33		taxation.
34		(c) If an employee who shall be disabled, or his widow or

1		children receive any compensation or payment from the county
2		for specific loss, disability or death under the Workers'
3		Compensation Act or Workers' Occupational Diseases Act, the
4		disability benefit or any annuity for him or his widow or
5		children payable as the result of such specific loss,
6		disability or death shall be reduced by any amount so received
7		or recoverable. If the amount received as such compensation or
8		payment exceeds such disability benefit or other annuity
9		payable as the result of such specific loss, disability or
10		death, no payment of disability benefit or other annuity shall
11		be made until the accumulative amounts thereof equals the
12		amount of such compensation or payment. In such calculation no
13		interest shall be considered. In adjusting the amount of any
14		annuity in relation to compensation received or recoverable
15		during any period of time, the annuity to the widow shall be
16		first reduced.
17		If any employee, or widow shall be denied compensation by
18		such county under the aforesaid Acts, or if such county shall
19		fail to act, such denial or failure to act shall not be
20		considered final until the claim has been adjudicated by the
21		Illinois Workers' Compensation Industrial Commission of the
22		State of Illinois.
23		(Source: P.A. 81-992.)
24		(40 ILCS 5/12-141) (from Ch. 108 1/2, par. 12-141)
25		Sec. 12-141. Workers' compensation offset. If an employee
26		or surviving spouse and minor children receive any compensation
27		or payment for specific loss, disability or death under or by
28		virtue of the Workers' Compensation Act or the Workers'
29		Occupational Diseases Act on account of disability or death
30		resulting from the performance of an act of duty, the benefit
31		payable to them under this Article shall be reduced by the
32		amount of such compensation. If the amount received as
33		compensation exceeds such benefits, no payment shall be made to
34		the employee or surviving spouse until the expiration of the
35		period during which the benefit payments, accumulated at the

1		rates herein stated, becomes equal to the sum received as
2		compensation; provided, that the commutation of compensation
3		to a lump sum basis as provided by the aforesaid Acts shall not
4		increase the benefits payable by the fund but such benefits
5		shall be adjusted to the amount of the compensation awarded
6		under the aforesaid Acts prior to any commutation of such
7		compensation. No interest shall be considered in these
8		calculations.
9		If any employee or surviving spouse and children are denied
10		compensation by the park or city under those Acts, or if the
11		park or city fails to act, the denial or failure to act shall
12		not be considered final until the claim has been adjudicated by
13		the Illinois Workers' Compensation Industrial Commission of
14		the State of Illinois.
15		(Source: P.A. 87-1265.)
16		(40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
17		Sec. 13-309. Duty disability benefit.
18		(a) Any employee who becomes disabled, which disability is
19		the result of an injury or illness compensable under the
20		Illinois Workers' Compensation Act or the Illinois Workers'
21		Occupational Diseases Act, is entitled to a duty disability
22		benefit during the period of disability for which the employee
23		does not receive any part of salary, or any part of a
24		retirement annuity under this Article; except that in the case
25		of an employee who first enters service on or after the
26		effective date of this amendatory Act of 1997, a duty
27		disability benefit is not payable for the first 3 days of
28		disability that would otherwise be payable under this Section
29		if the disability does not continue for at least 11 additional
30		days. This benefit shall be 75% of salary at the date
31		disability begins. However, if the disability in any measure
32		resulted from any physical defect or disease which existed at
33		the time such injury was sustained or such illness commenced,
34		the duty disability benefit shall be 50% of salary.
35		Unless the employer acknowledges that the disability is a

1		result of injury or illness compensable under the Workers'
2		Compensation Act or the Workers' Occupational Diseases Act, the
3		duty disability benefit shall not be payable until the issue of
4		compensability under those Acts is finally adjudicated. The
5		period of disability shall be as determined by the Illinois
6		Workers' Compensation Industrial Commission or acknowledged by
7		the employer.
8		The first payment shall be made not later than one month
9		after the benefit is granted, and subsequent payments shall be
10		made at least monthly. The Board shall by rule prescribe for
11		the payment of such benefits on the basis of the amount of
12		salary lost during the period of disability.
13		(b) The benefit shall be allowed only if the following
14		requirements are met by the employee:
15		(1) Application is made to the Board within 90 days
16		from the date disability begins;
17		(2) A medical report is submitted by at least one
18		licensed and practicing physician as part of the employee's
19		application; and
20		(3) The employee is examined by at least one licensed
21		and practicing physician appointed by the Board and found
22		to be in a disabled physical condition, and shall be
23		re-examined at least annually thereafter during the
24		continuance of disability. The employee need not be
25		re-examined by a licensed and practicing physician if the
26		attorney for the district certifies in writing that the
27		employee is entitled to receive compensation under the
28		Workers' Compensation Act or the Workers' Occupational
29		Diseases Act.
30		(c) The benefit shall terminate when:
31		(1) The employee returns to work or receives a
32		retirement annuity paid wholly or in part under this
33		Article;
34		(2) The disability ceases;
35		(3) The employee attains age 65, but if the employee
36		becomes disabled at age 60 or later, benefits may be

1		extended for a period of no more than 5 years after
2		disablement;
3		(4) The employee (i) refuses to submit to reasonable
4		examinations by physicians or other health professionals
5		appointed by the Board, (ii) fails or refuses to consent to
6		and sign an authorization allowing the Board to receive
7		copies of or to examine the employee's medical and hospital
8		records, or (iii) fails or refuses to provide complete
9		information regarding any other employment for
10		compensation he or she has received since becoming
11		disabled; or
12		(5) The employee willfully and continuously refuses to
13		follow medical advice and treatment to enable the employee
14		to return to work. However this provision does not apply to
15		an employee who relies in good faith on treatment by prayer
16		through spiritual means alone in accordance with the tenets
17		and practice of a recognized church or religious
18		denomination, by a duly accredited practitioner thereof.
19		In the case of a duty disability recipient who returns to
20		work, the employee must make application to the Retirement
21		Board within 2 years from the date the employee last received
22		duty disability benefits in order to become again entitled to
23		duty disability benefits based on the injury for which a duty
24		disability benefit was theretofore paid.
25		(Source: P.A. 90-12, eff. 6-13-97; 91-887, eff. 7-6-00.)
26		(40 ILCS 5/14-123) (from Ch. 108 1/2, par. 14-123)
27		Sec. 14-123. Occupational disability benefits. A member
28		who becomes incapacitated to perform the duties of his position
29		as the proximate result of bodily injuries sustained or a
30		hazard undergone while in the performance and within the scope
31		of the member's duties, shall receive an occupational
32		disability benefit; provided:
33		(a) application is made within 12 months after the date
34		that such disability results in the loss of pay, or 12 months
35		after the date that the Illinois Workers' Compensation

1		Industrial Commission of Illinois rules on the application for
2		an occupational disability, or 12 months after the occurrence
3		of disablement if an occupational disease; and
4		(b) proper proof is received from one or more physicians
5		designated by the Board certifying that the member is mentally
6		or physically incapacitated.
7		The benefit shall be 75% of the member's final average
8		compensation at date of disability and shall be payable until
9		the first of the following dates occurs:
10		(1) the date on which disability ceases;
11		(2) the date on which the member engages in gainful
12		employment;
13		(3) the end of the month in which the member attains age
14		65, in the case of benefits commencing prior to attainment of
15		age 60;
16		(4) the end of the month following the fifth anniversary of
17		the effective date of the benefit, or of the temporary
18		disability benefit if one was received, in the case of benefits
19		commencing on or after attainment of age 60; or
20		(5) the end of the month in which the death of the member
21		occurs.
22		At the end of the month in which the benefits cease as
23		prescribed in paragraphs (3) or (4) above, if the member is
24		still disabled, he shall become entitled to a retirement
25		annuity and the minimum period of service prescribed for the
26		receipt of such annuity shall be waived.
27		In the event that a temporary disability benefit has been
28		received, the benefit paid under this Section shall be subject
29		to adjustment by the Board under Section 14-123.1.
30		The Board shall prescribe rules and regulations governing
31		the filing of claims for occupational disability benefits, and
32		the investigation, control and supervision of such claims.
33		(Source: P.A. 86-272.)
34		(40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
35		Sec. 14-123.1. Temporary disability benefit.

1		(a) A member who has at least 18 months of creditable
2		service and who becomes physically or mentally incapacitated to
3		perform the duties of his position shall receive a temporary
4		disability benefit, provided that:
5		(1) the agency responsible for determining the
6		liability of the State (i) has formally denied all
7		employer-paid temporary total disability benefits under
8		the Workers' Compensation Act or the Workers' Occupational
9		Diseases Act and an appeal of that denial is pending before
10		the Illinois Workers' Compensation Industrial Commission
11		of Illinois, or (ii) has granted and then terminated for
12		any reason an employer-paid temporary total disability
13		benefit and the member has filed a petition for emergency
14		hearing under Section 19(b-1) of the Workers' Compensation
15		Act or Section 19(b-1) of the Workers' Occupational
16		Diseases Act; and
17		(2) application is made not later than (i) 12 months
18		after the date that the disability results in loss of pay,
19		(ii) 12 months after the date the agency responsible for
20		determining the liability of the State under the Workers'
21		Compensation Act or Workers' Occupational Diseases Act has
22		formally denied or terminated the employer-paid temporary
23		total disability benefit, or (iii) in the case of
24		termination of an employer-paid temporary total disability
25		benefit, 12 months after the effective date of this
26		amendatory Act of 1995, whichever occurs last; and
27		(3) proper proof is received from one or more
28		physicians designated by the Board certifying that the
29		member is mentally or physically incapacitated.
30		(b) In the case of a denial of benefits, the temporary
31		disability benefit shall begin to accrue on the 31st day of
32		absence from work on account of disability, but the benefit
33		shall not become actually payable to the member until the
34		expiration of 31 days from the day upon which the member last
35		received or had a right to receive any compensation.
36		In the case of termination of an employer-paid temporary

1		total disability benefit, the temporary disability benefit
2		under this Section shall be calculated from the day following
3		the date of termination of the employer-paid benefit or the
4		31st day of absence from work on account of disability,
5		whichever is later, but shall not become payable to the member
6		until (i) the member's right to an employer-paid temporary
7		total disability benefit is denied as a result of the emergency
8		hearing held under Section 19(b-1) of the Workers' Compensation
9		Act or Section 19(b-1) of the Workers' Occupational Diseases
10		Act or (ii) the expiration of 150 days from the date of
11		termination of the employer-paid benefit, whichever occurs
12		first. If a terminated employer-paid temporary total
13		disability benefit is resumed or replaced with another
14		employer-paid disability benefit and the resumed or
15		replacement benefit is later terminated and the member again
16		files a petition for emergency hearing under Section 19(b-1) of
17		the Workers' Compensation Act or Section 19(b-1) of the
18		Workers' Occupational Diseases Act, the member may again become
19		eligible to receive a temporary disability benefit under this
20		Section. The waiting period before the temporary disability
21		benefit under this Section becomes payable applies each time
22		that the benefit is reinstated.
23		The benefit shall continue to accrue until the first of the
24		following events occurs:
25		(1) the disability ceases;
26		(2) the member engages in gainful employment;
27		(3) the end of the month in which the member attains
28		age 65, in the case of benefits commencing prior to
29		attainment of age 60;
30		(4) the end of the month following the fifth
31		anniversary of the effective date of the benefit in the
32		case of benefits commencing on or after attainment of age
33		60;
34		(5) the end of the month in which the death of the
35		member occurs;
36		(6) the end of the month in which the aggregate period

1		for which temporary disability payments have been made
2		becomes equal to 1/2 of the member's total period of
3		creditable service, not including the time for which he has
4		received a temporary disability benefit or nonoccupational
5		disability benefit; for purposes of this item (6) only, in
6		the case of a member to whom Section 14-108.2a or 14-108.2b
7		applies and who, at the time disability commences, is
8		performing services for the Illinois Department of Public
9		Health or the Department of State Police relating to the
10		transferred functions referred to in that Section and has
11		less than 10 years of creditable service under this
12		Article, the member's "total period of creditable service"
13		shall be augmented by an amount equal to (i) one half of
14		the member's period of creditable service in the Fund
15		established under Article 8 (excluding any creditable
16		service over 20 years), minus (ii) the amount of the
17		member's creditable service under this Article;
18		(7) a payment is made on the member's claim pursuant to
19		a determination made by the agency responsible for
20		determining the liability of the State under the Workers'
21		Compensation Act or the Workers' Occupational Diseases
22		Act;
23		(8) a final determination is made on the member's claim
24		by the Illinois Workers' Compensation Industrial
25		Commission of Illinois.
26		(c) The temporary disability benefit shall be 50% of the
27		member's final average compensation at the date of disability.
28		If a covered employee is eligible under the Social Security
29		Act for a disability benefit before attaining age 65, or a
30		retirement benefit on or after attaining age 65, then the
31		amount of the member's temporary disability benefit shall be
32		reduced by the amount of primary benefit the member is eligible
33		to receive under the Social Security Act, whether or not such
34		eligibility came about as the result of service as a covered
35		employee under this Article. The Board may make such reduction
36		pending a determination of eligibility if it appears that the

1		employee may be so eligible, and shall make an appropriate
2		adjustment if necessary after such determination has been made.
3		The amount of temporary disability benefit payable under this
4		Article shall not be reduced by reason of any increase in
5		benefits payable under the Social Security Act which occurs
6		after the reduction required by this paragraph has been
7		applied.
8		(d) The temporary disability benefit provided under this
9		Section is intended as a temporary payment of occupational or
10		nonoccupational disability benefit, whichever is appropriate,
11		in cases in which the occupational or nonoccupational character
12		of the disability has not been finally determined.
13		When an employer-paid disability benefit is paid or
14		resumed, the Board shall calculate the benefit that is payable
15		under Section 14-123 and shall deduct from the benefit payable
16		under Section 14-123 the amounts already paid under this
17		Section; those amounts shall then be treated as if they had
18		been paid under Section 14-123.
19		When a final determination of the character of the
20		disability has been made by the Illinois Workers' Compensation
21		Industrial Commission of Illinois, or by settlement between the
22		parties to the disputed claim, the Board shall calculate the
23		benefit that is payable under Section 14-123 or 14-124,
24		whichever is applicable, and shall deduct from such benefit the
25		amounts already paid under this Section; such amounts shall
26		then be treated as if they had been paid under such Section
27		14-123 or 14-124.
28		(e) Any excess benefits paid under this Section shall be
29		subject to recovery by the System from benefits payable under
30		the Workers' Compensation Act or the Workers' Occupational
31		Diseases Act or from third parties as provided in Section
32		14-129, or from any other benefits payable either to the member
33		or on his behalf under this Article. A member who accepts
34		benefits under this Section acknowledges and authorizes these
35		recovery rights of the System.
36		(f) Service credits under the State Universities

1		Retirement System and the Teachers' Retirement System of the
2		State of Illinois shall be considered for the purposes of
3		determining temporary disability benefit eligibility under
4		this Section, and for determining the total period of time for
5		which such benefits are payable.
6		(g) The Board shall prescribe rules and regulations
7		governing the filing of claims for temporary disability
8		benefits, and the investigation, control and supervision of
9		such claims.
10		(h) References in this Section to employer-paid benefits
11		include benefits paid for by the State, either directly or
12		through a program of insurance or self-insurance, whether paid
13		through the member's own department or through some other
14		department or entity; but the term does not include benefits
15		paid by the System under this Article.
16		(Source: P.A. 88-535; 89-136, eff. 7-14-95; 89-246, eff.
17		8-4-95; 89-626, eff. 8-9-96.)
18		(40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
19		Sec. 14-128. Occupational death benefit. An occupational
20		death benefit is provided for a member of the System whose
21		death, prior to retirement, is the proximate result of bodily
22		injuries sustained or a hazard undergone while in the
23		performance and within the scope of the member's duties.
24		(a) Conditions for payment.
25		Exclusive of the lump sum payment provided for herein, all
26		annuities under this Section shall accrue and be payable for
27		complete calendar months, beginning on the first day of the
28		month next following the month in which the initiating event
29		occurs and ending on the last day of the month in which the
30		terminating event occurs.
31		The following named survivors of the member may be eligible
32		for an annuity under this Section:
33		(i) The member's spouse.
34		(ii) An unmarried child of the member under age 18
35		(under age 22 if a full-time student); an unmarried

1		stepchild under age 18 (under age 22 if a full-time
2		student) who has been such for at least one year at the
3		date of the member's death; an unmarried adopted child
4		under age 18 (under age 22 if a full-time student) if the
5		adoption proceedings were initiated at least one year prior
6		to the death of the member; and an unmarried child over age
7		18 who is dependent by reason of a physical or mental
8		disability, for so long as such physical or mental
9		disability continues. For the purposes of this Section
10		disability means inability to engage in any substantial
11		gainful activity by reason of any medically determinable
12		physical or mental impairment which can be expected to
13		result in death or which has lasted or can be expected to
14		last for a continuous period of not less than 12 months.
15		(iii) If no spouse or eligible children survive: a
16		dependent parent of the member; a dependent step-parent by
17		a marriage contracted before the member attained age 18; or
18		a dependent adopting parent by whom the member was adopted
19		before he or she attained age 18.
20		The term "dependent" relating to an occupational death
21		benefit means a survivor of the member who was receiving from
22		the member at the date of the member's death at least 1/2 of
23		the support for maintenance including board, lodging, medical
24		care and like living costs.
25		Payment of the annuity shall continue until the occurrence
26		of the following:
27		(1) remarriage before age 55 that occurs before the
28		effective date of this amendatory Act of the 91st General
29		Assembly or death, in the case of a surviving spouse;
30		(2) attainment of age 18 or termination of disability,
31		death, or marriage, in the case of an eligible child;
32		(3) remarriage before age 55 or death, in the case of a
33		dependent parent.
34		If none of the aforementioned beneficiaries is living at
35		the date of death of the member, no occupational death benefit
36		shall be payable, but the nonoccupational death benefit shall

1		be payable as provided in this Article.
2		The change made to this subsection by this amendatory Act
3		of the 91st General Assembly (pertaining to remarriage prior to
4		age 55) applies without regard to whether the deceased member
5		was in service on or after the effective date of this
6		amendatory Act.
7		(b) Amount of benefit.
8		The member's accumulated contributions plus credited
9		interest shall be payable in a lump sum to such person as the
10		member has nominated by written direction, duly acknowledged
11		and filed with the Board, or if no such nomination to the
12		estate of the member. When an annuitant is re-employed by a
13		Department, the accumulated contributions plus credited
14		interest payable on the member's account shall, if the member
15		has not previously elected a reversionary annuity, consist of
16		the excess, if any, of the member's total accumulated
17		contributions plus credited interest for all creditable
18		service over the total amount of all retirement annuity
19		payments received by the member prior to death.
20		In addition to the foregoing payment, an annuity is
21		provided for eligible survivors as follows:
22		(1) If the survivor is a spouse only, the annuity shall
23		be 50% of the member's final average compensation.
24		(2) If the spouse has in his or her care an eligible
25		child or children, the annuity shall be increased by an
26		amount equal to 15% of the final average compensation on
27		account of each such child, subject to a limitation on the
28		combined annuities to a surviving spouse and children of
29		75% of final average compensation.
30		(3) If there is no surviving spouse, or if the
31		surviving spouse dies or remarries while a child remains
32		eligible, then each such child shall be entitled to an
33		annuity of 15% of the deceased member's final average
34		compensation, subject to a limitation of 50% of final
35		average compensation to all such children.
36		(4) If there is no surviving spouse or eligible

1		children, then an annuity shall be payable to the member's
2		dependent parents, equal to 25% of final average
3		compensation to each such beneficiary.
4		If any annuity payable under this Section is less than the
5		corresponding survivors annuity, the beneficiary or
6		beneficiaries of the annuity under this Section may elect to
7		receive the survivors annuity and the nonoccupational death
8		benefit provided for in this Article in lieu of the annuity
9		provided under this Section.
10		(c) Occupational death claims pending adjudication by the
11		Illinois Workers' Compensation Industrial Commission or a
12		ruling by the agency responsible for determining the liability
13		of the State under the "Workers' Compensation Act" or "Workers'
14		Occupational Diseases Act" shall be payable under Sections
15		14-120 and 14-121 until a ruling or adjudication occurs, if the
16		beneficiary or beneficiaries: (1) meet all conditions for
17		payment as prescribed in this Article; and (2) execute an
18		assignment of benefits payable as a result of adjudication by
19		the Illinois Workers' Compensation Industrial Commission or a
20		ruling by the agency responsible for determining the liability
21		of the State under such Acts. The assignment shall be made to
22		the System and shall be for an amount equal to the excess of
23		benefits paid under Sections 14-120 and 14-121 over benefits
24		payable as a result of adjudication of the workers'
25		compensation claim computed from the date of death of the
26		member.
27		(d) Every occupational death annuity payable under this
28		Section shall be increased on each January 1 occurring on or
29		after (i) January 1, 1990, or (ii) the first anniversary of the
30		commencement of the annuity, whichever occurs later, by an
31		amount equal to 3% of the current amount of the annuity,
32		including any previous increases under this Article, without
33		regard to whether the deceased member was in service on the
34		effective date of this amendatory Act of 1991.
35		(Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)

1		(40 ILCS 5/14-129) (from Ch. 108 1/2, par. 14-129)
2		Sec. 14-129. Determination of compensability - Offset -
3		Subrogation. Except as provided in Section 14-128 of this Act
4		with respect to occupational death claims, and except as
5		provided in Section 14-123.1 for temporary disability
6		benefits, before the board takes any action on an application
7		for an occupational disability or occupational death benefit,
8		adjudication by the Illinois Workers' Compensation Industrial
9		Commission of Illinois or a ruling by the agency responsible
10		for determining the liability of the State under the Workers'
11		Compensation Act or the Workers' Occupational Diseases Act
12		shall be had on a claim to establish that the disability or
13		death was incurred while in the performance and within the
14		scope of the member's duties, under the terms of the Illinois
15		Workers' Compensation Act or the Workers' Occupational
16		Diseases Act, whichever applies. The system shall make payment
17		of an occupational disability or occupational death benefit
18		only if the claim is found to be compensable under one or both
19		of those Acts.
20		Any amounts provided for a member or his dependents under
21		those Acts shall be applied for the period of time prescribed
22		by such Acts for payments thereunder as an offset to any
23		occupational disability or occupational death benefit or to a
24		survivors annuity or annuities provided in this Article in such
25		manner as may be prescribed by the rules of the board.
26		In those cases where the injury or death for which an
27		occupational disability or death benefit is payable under this
28		Article was caused under circumstances creating a legal
29		liability for damages on the part of some person other than the
30		employer, all of the rights and privileges, including the right
31		to notice of suit brought against such other person and the
32		right to commence or join in such suit, as given the employer,
33		together with the conditions or obligations imposed under
34		paragraph (b) of Section 5 of the "Workers' Compensation Act",
35		are also given and granted to the System, to the end that the
36		System created by this Article may be paid or reimbursed for

1		the amount of temporary disability, occupational disability or
2		death benefit paid or to be paid by the System to the injured
3		employee, or his personal representative in the event of death,
4		including any contribution amounts credited to the account of
5		the member under Section 14-127, out of any judgment,
6		settlement, or payment for such injury or death obtained by
7		such injured employee or his personal representative from such
8		other person, or be paid or reimbursed for such amount paid or
9		to be paid by the System to the surviving spouse or children of
10		such employee by virtue of the injury or the death of such
11		employee from such injury.
12		(Source: P.A. 84-1028.)
13		(40 ILCS 5/16-149.1) (from Ch. 108 1/2, par. 16-149.1)
14		Sec. 16-149.1. Occupational disability benefit.
15		(a) A member who becomes totally and immediately
16		incapacitated for duty as the proximate result of bodily
17		injuries sustained or a hazard undergone while in the
18		performance and within the scope of his or her duties, if such
19		injuries or hazard were not the consequence of the member's
20		willful negligence, shall receive an occupational disability
21		benefit upon making proper application. If application is made
22		more than 90 days subsequent to the later of the commencement
23		of disability or the date eligibility for salary ceases,
24		benefits shall begin to accrue from the date of application,
25		but service credit and credit for contributions will be earned
26		from the date of disability. The benefit is not payable to, and
27		credit for service and contributions may not be earned under
28		this Section by, a member who is receiving a benefit under
29		Section 16-133, 16-149, or 16-149.2, or who is receiving salary
30		as a teacher, or is employed in any capacity as a teacher by
31		the employers included under this System or in an equivalent
32		capacity in any other public or private school, college or
33		university.
34		Proper proof of disability shall consist of: (1) a written
35		certificate by at least 2 licensed and practicing physicians

1		designated by the System, certifying that member is disabled
2		and unable to perform assigned duties; (2) a written statement
3		from the employer certifying that the member is disabled and
4		not receiving a salary, and related information as to the cause
5		and commencement of disability; and (3) a written statement
6		from the member certifying that the member is not and has not
7		been engaged in gainful employment.
8		Occupational disability benefits under this Section shall
9		be payable only if (1) on the basis of a claim filed by the
10		applicant with the Illinois Workers' Compensation Industrial
11		Commission of Illinois, it is determined by the Commission that
12		the disability was incurred while in the performance and within
13		the scope of assigned duties, under the terms of the Illinois
14		Workers' Compensation or Occupational Diseases Act, whichever
15		applies, and the claim is adjudicated as compensable by the
16		Commission under either of the aforesaid Acts; or (2) on the
17		basis of a claim filed by the applicant with an insurance
18		carrier with which the employer of the applicant has a workers'
19		compensation insurance policy, it is determined under the terms
20		of the aforesaid policy that the disability was incurred while
21		in the performance and within the scope of the member's
22		assigned duties and the claim is approved as compensable.
23		(b) The occupational disability benefit shall be the
24		greater of 60% of the member's contract salary rate at the time
25		the disability benefit becomes payable or the member's annual
26		contract rate on the date the disability commenced, and shall
27		be payable monthly in equal installments. For part-time and
28		substitute teachers after June 30, 1990, the benefit shall be
29		the greater of the member's most recent annualized salary rate
30		at the time the disability benefit becomes payable or the
31		annualized salary rate or annual contract rate at the time the
32		disability commenced.
33		Any amounts provided for a member or a member's dependents
34		under the Illinois Workers' Compensation Act, the Illinois
35		Occupational Diseases Act or a workers' compensation insurance
36		policy provided by the employer shall be applied as an offset

1		to any occupational benefit provided under this Section in such
2		manner as may be prescribed by the board.
3		In addition to the above benefit, the member shall receive
4		creditable service and credit for contributions that the member
5		would have made in active employment during the period of
6		disability. Creditable service and credit for contributions
7		shall be calculated on the basis of the annual salary rate used
8		in computing the benefit; however, such credit shall not be
9		used in the determination of the period for which disability
10		benefits are payable. A member who remains disabled after the
11		termination of benefits due to age or the expiration of the
12		maximum period for which benefits are payable shall be entitled
13		to the retirement annuity provided under Section 16-133,
14		notwithstanding that the member may not have the required
15		minimum period of creditable service prescribed for such
16		annuity.
17		(c) Effective January 1, 1988, the occupational disability
18		benefit shall continue until the time one of the following
19		first occurs: (1) disability ceases; (2) the member requests
20		termination of the benefit; or (3) the member is engaged or
21		found to be able to engage in gainful employment. If the
22		disability benefit is discontinued under item (3) but the
23		member is subsequently found to be unable to be gainfully
24		employed due to the disability which was the cause for his or
25		her most recent incapacity to perform the duties of a teacher,
26		the disability benefit will be resumed, upon notification of
27		the System, as soon as the member is not eligible to receive
28		salary.
29		(d) The board shall prescribe rules governing the filing,
30		investigation, control, and supervision of disability claims.
31		Costs incurred by a claimant in connection with completing a
32		claim for disability benefits shall be paid by the claimant.
33		(Source: P.A. 86-272; 86-273; 86-1488; 87-794; 87-1265.)
34		(40 ILCS 5/17-117.1) (from Ch. 108 1/2, par. 17-117.1)
35		Sec. 17-117.1. Duty disability. A teacher who becomes

1		wholly and presumably permanently incapacitated for duty while
2		under age 65 as the proximate result of injuries sustained or a
3		hazardous condition encountered in the performance and within
4		the scope of his duties, if such injury or hazard was not the
5		result of his own negligence, shall be entitled to a duty
6		disability benefit, provided:
7		(1) application for the benefit is made to the Board
8		not more than 6 months after a final settlement or an award
9		from the Illinois Workers' Compensation Industrial
10		Commission or within 6 months of the manifestation of an
11		injury or illness that can be traced directly to an injury
12		or illness for which a claim was filed with the Illinois
13		Workers' Compensation Industrial Commission;
14		(2) certification is received from 2 or more physicians
15		designated by the Board that the teacher is physically
16		incapacitated for teaching service; and
17		(3) the teacher provides the Board with a copy of the
18		notice of the occurrence that was filed with the Employer
19		within the time provided by law.
20		The benefit shall be payable during disability and shall be
21		75% of the salary in effect at date of disability, payable
22		until the teacher's attainment of age 65. At such time if
23		disability still exists, the teacher shall become entitled to a
24		service retirement pension. Creditable service shall accrue
25		during the period the disability benefit is payable.
26		Before any action is taken by the Board on an application
27		for a duty disability benefit, the teacher shall file a claim
28		with the Illinois Workers' Compensation Industrial Commission
29		to establish that the disability was incurred while the teacher
30		was acting within the scope of and in the course of his duties
31		under the terms of the Workers' Compensation or Occupational
32		Diseases Acts, whichever may be applicable. The benefit shall
33		be payable after a finding by the Commission that the claim was
34		compensable under either of the aforesaid Acts; but if such
35		finding is appealed the benefit shall be payable only upon
36		affirmance of the Commission's finding. After the teacher has

1		made timely application for a duty disability benefit supported
2		by the certificate of two or more physicians, he shall be
3		entitled to a disability retirement pension provided in Section
4		17-117 of this Act until such time as the Illinois Workers'
5		Compensation Industrial Commission award finding that his
6		disability is duty-connected as provided in this Section
7		becomes final.
8		Any amounts provided for the teacher under such Acts shall
9		be applied as an offset to the duty disability benefit payable
10		hereunder in such manner as may be prescribed by the rules of
11		the Board.
12		(Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)

13		Section 45. The Nursing Education Scholarship Law is
14		amended by changing Section 3 as follows:
15		(110 ILCS 975/3) (from Ch. 144, par. 2753)
16		Sec. 3. Definitions.
17		The following terms, whenever used or referred to, have the
18		following meanings except where the context clearly indicates
19		otherwise:
20		(1) "Board" means the Board of Higher Education created by
21		the Board of Higher Education Act.
22		(2) "Department" means the Illinois Department of Public
23		Health.
24		(3) "Approved institution" means a public community
25		college, private junior college, hospital-based diploma in
26		nursing program, or public or private college or university
27		located in this State that has approval by the Department of
28		Professional Regulation for an associate degree in nursing
29		program, associate degree in applied sciences in nursing
30		program, hospital-based diploma in nursing program,
31		baccalaureate degree in nursing program, or certificate in
32		practical nursing program.
33		(4) "Baccalaureate degree in nursing program" means a
34		program offered by an approved institution and leading to a

1		bachelor of science degree in nursing.
2		(5) "Enrollment" means the establishment and maintenance
3		of an individual's status as a student in an approved
4		institution, regardless of the terms used at the institution to
5		describe such status.
6		(6) "Academic year" means the period of time from September
7		1 of one year through August 31 of the next year or as
8		otherwise defined by the academic institution.
9		(7) "Associate degree in nursing program or hospital-based
10		diploma in nursing program" means a program offered by an
11		approved institution and leading to an associate degree in
12		nursing, associate degree in applied sciences in nursing, or
13		hospital-based diploma in nursing.
14		(8) "Director" means the Director of the Illinois
15		Department of Public Health.
16		(9) "Accepted for admission" means a student has completed
17		the requirements for entry into an associate degree in nursing
18		program, associate degree in applied sciences in nursing
19		program, hospital-based diploma in nursing program,
20		baccalaureate degree in nursing program, or certificate in
21		practical nursing program at an approved institution, as
22		documented by the institution.
23		(10) "Fees" means those mandatory charges, in addition to
24		tuition, that all enrolled students must pay, including
25		required course or lab fees.
26		(11) "Full-time student" means a student enrolled for at
27		least 12 hours per term or as otherwise determined by the
28		academic institution.
29		(12) "Law" means the Nursing Education Scholarship Law.
30		(13) "Nursing employment obligation" means employment in
31		this State as a registered professional nurse or licensed
32		practical nurse in direct patient care for at least one year
33		for each year of scholarship assistance received through the
34		Nursing Education Scholarship Program.
35		(14) "Part-time student" means a person who is enrolled for
36		at least one-third of the number of hours required per term by

1		a school for its full-time students.
2		(15) "Practical nursing program" means a program offered by
3		an approved institution leading to a certificate in practical
4		nursing.
5		(16) "Registered professional nurse" means a person who is
6		currently licensed as a registered professional nurse by the
7		Department of Professional Regulation under the Nursing and
8		Advanced Practice Nursing Act.
9		(17) "Licensed practical nurse" means a person who is
10		currently licensed as a licensed practical nurse by the
11		Department of Professional Regulation under the Nursing and
12		Advanced Practice Nursing Act.
13		(18) "School term" means an academic term, such as a
14		semester, quarter, trimester, or number of clock hours, as
15		defined by an approved institution.
16		(19) "Student in good standing" means a student maintaining
17		a cumulative grade point average equivalent to at least the
18		academic grade of a "C".
19		(20) "Total and permanent disability" means a physical or
20		mental impairment, disease, or loss of a permanent nature that
21		prevents nursing employment with or without reasonable
22		accommodation. Proof of disability shall be a declaration from
23		the social security administration, Illinois Workers'
24		Compensation Industrial Commission, Department of Defense, or
25		an insurer authorized to transact business in Illinois who is
26		providing disability insurance coverage to a contractor.
27		(21) "Tuition" means the established charges of an
28		institution of higher learning for instruction at that
29		institution.
30		(Source: P.A. 92-43, eff. 1-1-02.)

31		Section 50. The Illinois Insurance Code is amended by
32		changing Section 416 as follows:
33		(215 ILCS 5/416)
34		Sec. 416. Illinois Workers' Compensation Industrial

1		Commission Operations Fund Surcharge.
2		(a) As of the effective date of this amendatory Act of the
3		93rd General Assembly, every company licensed or authorized by
4		the Illinois Department of Insurance and insuring employers'
5		liabilities arising under the Workers' Compensation Act or the
6		Workers' Occupational Diseases Act shall remit to the Director
7		a surcharge based upon the annual direct written premium, as
8		reported under Section 136 of this Act, of the company in the
9		manner provided in this Section. Such proceeds shall be
10		deposited into the Illinois Workers' Compensation Industrial
11		Commission Operations Fund as established in the Workers'
12		Compensation Act. If a company survives or was formed by a
13		merger, consolidation, reorganization, or reincorporation, the
14		direct written premiums of all companies party to the merger,
15		consolidation, reorganization, or reincorporation shall, for
16		purposes of determining the amount of the fee imposed by this
17		Section, be regarded as those of the surviving or new company.
18		(b)(1) Except as provided in subsection (b)(2) of this
19		Section, beginning on July 1, 2004 and each year thereafter,
20		the Director shall charge an annual Illinois Workers'
21		Compensation Industrial Commission Operations Fund Surcharge
22		from every company subject to subsection (a) of this Section
23		equal to 1.5% of its direct written premium for insuring
24		employers' liabilities arising under the Workers' Compensation
25		Act or Workers' Occupational Diseases Act as reported in each
26		company's annual statement filed for the previous year as
27		required by Section 136. The Illinois Workers' Compensation
28		Industrial Commission Operations Fund Surcharge shall be
29		collected by companies subject to subsection (a) of this
30		Section as a separately stated surcharge on insured employers
31		at the rate of 1.5% of direct written premium. All sums
32		collected by the Department of Insurance under the provisions
33		of this Section shall be paid promptly after the receipt of the
34		same, accompanied by a detailed statement thereof, into the
35		Illinois Workers' Compensation Industrial Commission
36		Operations Fund in the State treasury.

1		(b)(2) Prior to July 1, 2004, the Director shall charge and
2		collect the surcharge set forth in subparagraph (b)(1) of this
3		Section on or before September 1, 2003, December 1, 2003, March
4		1, 2004 and June 1, 2004. For purposes of this subsection
5		(b)(2), the company shall remit the amounts to the Director
6		based on estimated direct premium for each quarter beginning on
7		July 1, 2003, together with a sworn statement attesting to the
8		reasonableness of the estimate, and the estimated amount of
9		direct premium written forming the bases of the remittance.
10		(c) In addition to the authority specifically granted under
11		Article XXV of this Code, the Director shall have such
12		authority to adopt rules or establish forms as may be
13		reasonably necessary for purposes of enforcing this Section.
14		The Director shall also have authority to defer, waive, or
15		abate the surcharge or any penalties imposed by this Section if
16		in the Director's opinion the company's solvency and ability to
17		meet its insured obligations would be immediately threatened by
18		payment of the surcharge due.
19		(d) When a company fails to pay the full amount of any
20		annual Illinois Workers' Compensation Industrial Commission
21		Operations Fund Surcharge of $100 or more due under this
22		Section, there shall be added to the amount due as a penalty
23		the greater of $1,000 or an amount equal to 5% of the
24		deficiency for each month or part of a month that the
25		deficiency remains unpaid.
26		(e) The Department of Insurance may enforce the collection
27		of any delinquent payment, penalty, or portion thereof by legal
28		action or in any other manner by which the collection of debts
29		due the State of Illinois may be enforced under the laws of
30		this State.
31		(f) Whenever it appears to the satisfaction of the Director
32		that a company has paid pursuant to this Act an Illinois
33		Workers' Compensation Industrial Commission Operations Fund
34		Surcharge in an amount in excess of the amount legally
35		collectable from the company, the Director shall issue a credit
36		memorandum for an amount equal to the amount of such

1		overpayment. A credit memorandum may be applied for the 2-year
2		period from the date of issuance, against the payment of any
3		amount due during that period under the surcharge imposed by
4		this Section or, subject to reasonable rule of the Department
5		of Insurance including requirement of notification, may be
6		assigned to any other company subject to regulation under this
7		Act. Any application of credit memoranda after the period
8		provided for in this Section is void.
9		(g) Annually, the Governor may direct a transfer of up to
10		2% of all moneys collected under this Section to the Insurance
11		Financial Regulation Fund.
12		(Source: P.A. 93-32, eff. 6-20-03.)

13		Section 55. The Local Governmental and Governmental
14		Employees Tort Immunity Act is amended by changing Section
15		9-103 as follows:
16		(745 ILCS 10/9-103) (from Ch. 85, par. 9-103)
17		Sec. 9-103. (a) A local public entity may protect itself
18		against any property damage or against any liability or loss
19		which may be imposed upon it or one of its employees for a
20		tortious act under Federal or State common or statutory law, or
21		imposed upon it under the Workers' Compensation Act, the
22		Workers' Occupational Diseases Act, or the Unemployment
23		Insurance Act by means including, but not limited to,
24		insurance, individual or joint self-insurance, including all
25		operating and administrative costs and expenses directly
26		associated therewith, claims services and risk management
27		directly attributable to loss prevention and loss reduction,
28		legal services directly attributable to the insurance,
29		self-insurance, or joint self-insurance program, educational,
30		inspectional, and supervisory services directly relating to
31		loss prevention and loss reduction, or participation in a
32		reciprocal insurer as provided in Sections 72, 76 and 81 of the
33		Illinois Insurance Code. Insurance shall be carried with a
34		company authorized by the Department of Insurance to write such

1		insurance coverage in Illinois.
2		(a-5) A local public entity may individually or jointly
3		self-insure provided it complies with any other statutory
4		requirements specifically related to individual or joint
5		self-insurance by local public entities. Whenever the terms
6		"self-insure" or "self-insurance" are utilized within this
7		Act, such term shall apply to both individual and joint
8		self-insurance. The expenditure of funds of a local public
9		entity to protect itself or its employees against liability is
10		proper for any local public entity. A local public entity that
11		has individually self-insured may establish reserves for
12		expected losses for any liability or loss for which the local
13		public entity is authorized to purchase insurance under this
14		Act. The decision of the local public entity to establish a
15		reserve and the amount of the reserve shall be based on
16		reasonable actuarial or insurance underwriting evidence.
17		Property taxes shall not be levied or extended if the effect is
18		to increase the reserve beyond 125% of the actuary's or
19		insurance underwriter's estimated ultimate losses at the 95%
20		confidence level. Certification of the amount of the reserve
21		shall be made by the independent auditor, actuary, or insurance
22		underwriter and included in an annual report. The annual report
23		shall also list all expenditures from the reserve or from
24		property taxes levied or extended for tort immunity purposes.
25		Total claims payments and total reserves must be listed in
26		aggregate amounts. All other expenditures must be identified
27		individually. A local public entity that maintains a
28		self-insurance reserve or that levies and extends a property
29		tax for tort immunity purposes must include in its audit or
30		annual report any expenditures made from the property tax levy
31		or self-insurance reserve within the scope of the audit or
32		annual report.
33		(b) A local public entity may contract for or purchase any
34		of the guaranteed fund certificates or shares of guaranteed
35		capital as provided for in Section 56 of the Illinois Insurance
36		Code. The expenditure of funds of the local public entity for

1		said contract or purchase is proper for any local public
2		entity.
3		(c) Any insurance company that provides insurance coverage
4		to a local public entity shall utilize any immunities or may
5		assert any defenses to which the insured local public entity or
6		its employees are entitled. Public entities which are
7		individually or jointly self-insured shall be entitled to
8		assert all of the immunities provided by this Act or by common
9		law or statute on behalf of themselves or their employees
10		unless the local public entities shall elect by action of their
11		corporate authorities or specifically contract to waive in
12		whole or in part such immunities.
13		(d) Within 30 days after January 1, 1991, and within 30
14		days after each January 1 thereafter, local public entities
15		that are individually or jointly self-insured to protect
16		against liability under the Workers' Compensation Act and the
17		Workers' Occupational Diseases Act shall file with the Illinois
18		Workers' Compensation Industrial Commission a report
19		indicating an election to self-insure.
20		(Source: P.A. 91-628, eff. 1-1-00.)

21		Section 60. The Child Labor Law is amended by changing
22		Section 17.6 as follows:
23		(820 ILCS 205/17.6)
24		Sec. 17.6. Reports of work related death, injury, or
25		illness. If an employer is required to file a report with the
26		Illinois Workers' Compensation Industrial Commission under
27		Section 6 of the Workers' Compensation Act or Section 6 of the
28		Workers' Occupational Diseases Act, and the report relates to
29		the work related death, injury, or illness of a minor, the
30		employer shall file a copy of the report with the Department of
31		Labor. The Department may, by rule, require other employers to
32		submit reports of work related deaths, injuries and illnesses
33		of minors to the Department.
34		(Source: P.A. 88-365.)

1		Section 70. The Workers' Compensation Act is amended by
2		changing Sections 1, 4, 4a-2, 4a-3, 4a-7, 4d, 6, 7, 8, 13, 14,
3		14.1, 16a, 17, 19, 23, and 26 as follows:
4		(820 ILCS 305/1) (from Ch. 48, par. 138.1)
5		Sec. 1. This Act may be cited as the Workers' Compensation
6		Act.
7		(a) The term "employer" as used in this Act means:
8		1. The State and each county, city, town, township,
9		incorporated village, school district, body politic, or
10		municipal corporation therein.
11		2. Every person, firm, public or private corporation,
12		including hospitals, public service, eleemosynary, religious
13		or charitable corporations or associations who has any person
14		in service or under any contract for hire, express or implied,
15		oral or written, and who is engaged in any of the enterprises
16		or businesses enumerated in Section 3 of this Act, or who at or
17		prior to the time of the accident to the employee for which
18		compensation under this Act may be claimed, has in the manner
19		provided in this Act elected to become subject to the
20		provisions of this Act, and who has not, prior to such
21		accident, effected a withdrawal of such election in the manner
22		provided in this Act.
23		3. Any one engaging in any business or enterprise referred
24		to in subsections 1 and 2 of Section 3 of this Act who
25		undertakes to do any work enumerated therein, is liable to pay
26		compensation to his own immediate employees in accordance with
27		the provisions of this Act, and in addition thereto if he
28		directly or indirectly engages any contractor whether
29		principal or sub-contractor to do any such work, he is liable
30		to pay compensation to the employees of any such contractor or
31		sub-contractor unless such contractor or sub-contractor has
32		insured, in any company or association authorized under the
33		laws of this State to insure the liability to pay compensation
34		under this Act, or guaranteed his liability to pay such

1		compensation. With respect to any time limitation on the filing
2		of claims provided by this Act, the timely filing of a claim
3		against a contractor or subcontractor, as the case may be,
4		shall be deemed to be a timely filing with respect to all
5		persons upon whom liability is imposed by this paragraph.
6		In the event any such person pays compensation under this
7		subsection he may recover the amount thereof from the
8		contractor or sub-contractor, if any, and in the event the
9		contractor pays compensation under this subsection he may
10		recover the amount thereof from the sub-contractor, if any.
11		This subsection does not apply in any case where the
12		accident occurs elsewhere than on, in or about the immediate
13		premises on which the principal has contracted that the work be
14		done.
15		4. Where an employer operating under and subject to the
16		provisions of this Act loans an employee to another such
17		employer and such loaned employee sustains a compensable
18		accidental injury in the employment of such borrowing employer
19		and where such borrowing employer does not provide or pay the
20		benefits or payments due such injured employee, such loaning
21		employer is liable to provide or pay all benefits or payments
22		due such employee under this Act and as to such employee the
23		liability of such loaning and borrowing employers is joint and
24		several, provided that such loaning employer is in the absence
25		of agreement to the contrary entitled to receive from such
26		borrowing employer full reimbursement for all sums paid or
27		incurred pursuant to this paragraph together with reasonable
28		attorneys' fees and expenses in any hearings before the
29		Illinois Workers' Compensation Industrial Commission or in any
30		action to secure such reimbursement. Where any benefit is
31		provided or paid by such loaning employer the employee has the
32		duty of rendering reasonable cooperation in any hearings,
33		trials or proceedings in the case, including such proceedings
34		for reimbursement.
35		Where an employee files an Application for Adjustment of
36		Claim with the Illinois Workers' Compensation Industrial

1		Commission alleging that his claim is covered by the provisions
2		of the preceding paragraph, and joining both the alleged
3		loaning and borrowing employers, they and each of them, upon
4		written demand by the employee and within 7 days after receipt
5		of such demand, shall have the duty of filing with the Illinois
6		Workers' Compensation Industrial Commission a written
7		admission or denial of the allegation that the claim is covered
8		by the provisions of the preceding paragraph and in default of
9		such filing or if any such denial be ultimately determined not
10		to have been bona fide then the provisions of Paragraph K of
11		Section 19 of this Act shall apply.
12		An employer whose business or enterprise or a substantial
13		part thereof consists of hiring, procuring or furnishing
14		employees to or for other employers operating under and subject
15		to the provisions of this Act for the performance of the work
16		of such other employers and who pays such employees their
17		salary or wages notwithstanding that they are doing the work of
18		such other employers shall be deemed a loaning employer within
19		the meaning and provisions of this Section.
20		(b) The term "employee" as used in this Act means:
21		1. Every person in the service of the State, including
22		members of the General Assembly, members of the Commerce
23		Commission, members of the Illinois Workers' Compensation
24		Industrial Commission, and all persons in the service of the
25		University of Illinois, county, including deputy sheriffs and
26		assistant state's attorneys, city, town, township,
27		incorporated village or school district, body politic, or
28		municipal corporation therein, whether by election, under
29		appointment or contract of hire, express or implied, oral or
30		written, including all members of the Illinois National Guard
31		while on active duty in the service of the State, and all
32		probation personnel of the Juvenile Court appointed pursuant to
33		Article VI of the Juvenile Court Act of 1987, and including any
34		official of the State, any county, city, town, township,
35		incorporated village, school district, body politic or
36		municipal corporation therein except any duly appointed member

1		of a police department in any city whose population exceeds
2		200,000 according to the last Federal or State census, and
3		except any member of a fire insurance patrol maintained by a
4		board of underwriters in this State. A duly appointed member of
5		a fire department in any city, the population of which exceeds
6		200,000 according to the last federal or State census, is an
7		employee under this Act only with respect to claims brought
8		under paragraph (c) of Section 8.
9		One employed by a contractor who has contracted with the
10		State, or a county, city, town, township, incorporated village,
11		school district, body politic or municipal corporation
12		therein, through its representatives, is not considered as an
13		employee of the State, county, city, town, township,
14		incorporated village, school district, body politic or
15		municipal corporation which made the contract.
16		2. Every person in the service of another under any
17		contract of hire, express or implied, oral or written,
18		including persons whose employment is outside of the State of
19		Illinois where the contract of hire is made within the State of
20		Illinois, persons whose employment results in fatal or
21		non-fatal injuries within the State of Illinois where the
22		contract of hire is made outside of the State of Illinois, and
23		persons whose employment is principally localized within the
24		State of Illinois, regardless of the place of the accident or
25		the place where the contract of hire was made, and including
26		aliens, and minors who, for the purpose of this Act are
27		considered the same and have the same power to contract,
28		receive payments and give quittances therefor, as adult
29		employees.
30		3. Every sole proprietor and every partner of a business
31		may elect to be covered by this Act.
32		An employee or his dependents under this Act who shall have
33		a cause of action by reason of any injury, disablement or death
34		arising out of and in the course of his employment may elect to
35		pursue his remedy in the State where injured or disabled, or in
36		the State where the contract of hire is made, or in the State

1		where the employment is principally localized.
2		However, any employer may elect to provide and pay
3		compensation to any employee other than those engaged in the
4		usual course of the trade, business, profession or occupation
5		of the employer by complying with Sections 2 and 4 of this Act.
6		Employees are not included within the provisions of this Act
7		when excluded by the laws of the United States relating to
8		liability of employers to their employees for personal injuries
9		where such laws are held to be exclusive.
10		The term "employee" does not include persons performing
11		services as real estate broker, broker-salesman, or salesman
12		when such persons are paid by commission only.
13		(c) "Commission" means the Industrial Commission created
14		by Section 5 of "The Civil Administrative Code of Illinois",
15		approved March 7, 1917, as amended, or the Illinois Workers'
16		Compensation Industrial Commission created by Section 13 of
17		this Act.
18		(Source: P.A. 85-1209.)
19		(820 ILCS 305/4) (from Ch. 48, par. 138.4)
20		Sec. 4. (a) Any employer, including but not limited to
21		general contractors and their subcontractors, who shall come
22		within the provisions of Section 3 of this Act, and any other
23		employer who shall elect to provide and pay the compensation
24		provided for in this Act shall:
25		(1) File with the Commission annually an application
26		for approval as a self-insurer which shall include a
27		current financial statement, and annually, thereafter, an
28		application for renewal of self-insurance, which shall
29		include a current financial statement. Said application
30		and financial statement shall be signed and sworn to by the
31		president or vice president and secretary or assistant
32		secretary of the employer if it be a corporation, or by all
33		of the partners, if it be a copartnership, or by the owner
34		if it be neither a copartnership nor a corporation. All
35		initial applications and all applications for renewal of

1		self-insurance must be submitted at least 60 days prior to
2		the requested effective date of self-insurance. An
3		employer may elect to provide and pay compensation as
4		provided for in this Act as a member of a group workers'
5		compensation pool under Article V 3/4 of the Illinois
6		Insurance Code. If an employer becomes a member of a group
7		workers' compensation pool, the employer shall not be
8		relieved of any obligations imposed by this Act.
9		If the sworn application and financial statement of any
10		such employer does not satisfy the Commission of the
11		financial ability of the employer who has filed it, the
12		Commission shall require such employer to,
13		(2) Furnish security, indemnity or a bond guaranteeing
14		the payment by the employer of the compensation provided
15		for in this Act, provided that any such employer whose
16		application and financial statement shall not have
17		satisfied the commission of his or her financial ability
18		and who shall have secured his liability in part by excess
19		liability insurance shall be required to furnish to the
20		Commission security, indemnity or bond guaranteeing his or
21		her payment up to the effective limits of the excess
22		coverage, or
23		(3) Insure his entire liability to pay such
24		compensation in some insurance carrier authorized,
25		licensed, or permitted to do such insurance business in
26		this State. Every policy of an insurance carrier, insuring
27		the payment of compensation under this Act shall cover all
28		the employees and the entire compensation liability of the
29		insured: Provided, however, that any employer may insure
30		his or her compensation liability with 2 or more insurance
31		carriers or may insure a part and qualify under subsection
32		1, 2, or 4 for the remainder of his or her liability to pay
33		such compensation, subject to the following two
34		provisions:
35		Firstly, the entire compensation liability of the
36		employer to employees working at or from one location

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

1		(a-1); and
2		(ii) after the hearing, the Commission finds that the
3		employer failed to make payments upon the premium rates of
4		the situs where the work or project is located in Illinois.
5		The penalty shall not exceed $1,000 for each day of work
6		for which the employer failed to make payments upon the premium
7		rates of the situs where the work or project is located in
8		Illinois, but the total penalty shall not exceed $50,000 for
9		each project or each contract under which the work was
10		performed.
11		Any penalty under this subsection (a-1) must be imposed not
12		later than one year after the expiration of the applicable
13		limitation period specified in subsection (d) of Section 6 of
14		this Act. Penalties imposed under this subsection (a-1) shall
15		be deposited into the Illinois Workers' Compensation
16		Industrial Commission Operations Fund, a special fund that is
17		created in the State treasury. Subject to appropriation, moneys
18		in the Fund shall be used solely for the operations of the
19		Illinois Workers' Compensation Industrial Commission.
20		(b) The sworn application and financial statement, or
21		security, indemnity or bond, or amount of insurance, or other
22		provisions, filed, furnished, carried, or made by the employer,
23		as the case may be, shall be subject to the approval of the
24		Commission.
25		Deposits under escrow agreements shall be cash, negotiable
26		United States government bonds or negotiable general
27		obligation bonds of the State of Illinois. Such cash or bonds
28		shall be deposited in escrow with any State or National Bank or
29		Trust Company having trust authority in the State of Illinois.
30		Upon the approval of the sworn application and financial
31		statement, security, indemnity or bond or amount of insurance,
32		filed, furnished or carried, as the case may be, the Commission
33		shall send to the employer written notice of its approval
34		thereof. The certificate of compliance by the employer with the
35		provisions of subparagraphs (2) and (3) of paragraph (a) of
36		this Section shall be delivered by the insurance carrier to the

1		Illinois Workers' Compensation Industrial Commission within
2		five days after the effective date of the policy so certified.
3		The insurance so certified shall cover all compensation
4		liability occurring during the time that the insurance is in
5		effect and no further certificate need be filed in case such
6		insurance is renewed, extended or otherwise continued by such
7		carrier. The insurance so certified shall not be cancelled or
8		in the event that such insurance is not renewed, extended or
9		otherwise continued, such insurance shall not be terminated
10		until at least 10 days after receipt by the Illinois Workers'
11		Compensation Industrial Commission of notice of the
12		cancellation or termination of said insurance; provided,
13		however, that if the employer has secured insurance from
14		another insurance carrier, or has otherwise secured the payment
15		of compensation in accordance with this Section, and such
16		insurance or other security becomes effective prior to the
17		expiration of the 10 days, cancellation or termination may, at
18		the option of the insurance carrier indicated in such notice,
19		be effective as of the effective date of such other insurance
20		or security.
21		(c) Whenever the Commission shall find that any
22		corporation, company, association, aggregation of individuals,
23		reciprocal or interinsurers exchange, or other insurer
24		effecting workers' compensation insurance in this State shall
25		be insolvent, financially unsound, or unable to fully meet all
26		payments and liabilities assumed or to be assumed for
27		compensation insurance in this State, or shall practice a
28		policy of delay or unfairness toward employees in the
29		adjustment, settlement, or payment of benefits due such
30		employees, the Commission may after reasonable notice and
31		hearing order and direct that such corporation, company,
32		association, aggregation of individuals, reciprocal or
33		interinsurers exchange, or insurer, shall from and after a date
34		fixed in such order discontinue the writing of any such
35		workers' compensation insurance in this State. Subject to such
36		modification of the order as the Commission may later make on

1		review of the order, as herein provided, it shall thereupon be
2		unlawful for any such corporation, company, association,
3		aggregation of individuals, reciprocal or interinsurers
4		exchange, or insurer to effect any workers' compensation
5		insurance in this State. A copy of the order shall be served
6		upon the Director of Insurance by registered mail. Whenever the
7		Commission finds that any service or adjustment company used or
8		employed by a self-insured employer or by an insurance carrier
9		to process, adjust, investigate, compromise or otherwise
10		handle claims under this Act, has practiced or is practicing a
11		policy of delay or unfairness toward employees in the
12		adjustment, settlement or payment of benefits due such
13		employees, the Commission may after reasonable notice and
14		hearing order and direct that such service or adjustment
15		company shall from and after a date fixed in such order be
16		prohibited from processing, adjusting, investigating,
17		compromising or otherwise handling claims under this Act.
18		Whenever the Commission finds that any self-insured
19		employer has practiced or is practicing delay or unfairness
20		toward employees in the adjustment, settlement or payment of
21		benefits due such employees, the Commission may, after
22		reasonable notice and hearing, order and direct that after a
23		date fixed in the order such self-insured employer shall be
24		disqualified to operate as a self-insurer and shall be required
25		to insure his entire liability to pay compensation in some
26		insurance carrier authorized, licensed and permitted to do such
27		insurance business in this State, as provided in subparagraph 3
28		of paragraph (a) of this Section.
29		All orders made by the Commission under this Section shall
30		be subject to review by the courts, said review to be taken in
31		the same manner and within the same time as provided by Section
32		19 of this Act for review of awards and decisions of the
33		Commission, upon the party seeking the review filing with the
34		clerk of the court to which said review is taken a bond in an
35		amount to be fixed and approved by the court to which the
36		review is taken, conditioned upon the payment of all

1		compensation awarded against the person taking said review
2		pending a decision thereof and further conditioned upon such
3		other obligations as the court may impose. Upon the review the
4		Circuit Court shall have power to review all questions of fact
5		as well as of law. The penalty hereinafter provided for in this
6		paragraph shall not attach and shall not begin to run until the
7		final determination of the order of the Commission.
8		(d) Upon a finding by the Commission, after reasonable
9		notice and hearing, of the knowing and wilful failure or
10		refusal of an employer to comply with any of the provisions of
11		paragraph (a) of this Section or the failure or refusal of an
12		employer, service or adjustment company, or an insurance
13		carrier to comply with any order of the Illinois Workers'
14		Compensation Industrial Commission pursuant to paragraph (c)
15		of this Section disqualifying him or her to operate as a self
16		insurer and requiring him or her to insure his or her
17		liability, the Commission may assess a civil penalty of up to
18		$500 per day for each day of such failure or refusal after the
19		effective date of this amendatory Act of 1989. The minimum
20		penalty under this Section shall be the sum of $10,000. Each
21		day of such failure or refusal shall constitute a separate
22		offense. The Commission may assess the civil penalty personally
23		and individually against the corporate officers and directors
24		of a corporate employer, the partners of an employer
25		partnership, and the members of an employer limited liability
26		company, after a finding of a knowing and willful refusal or
27		failure of each such named corporate officer, director,
28		partner, or member to comply with this Section. The liability
29		for the assessed penalty shall be against the named employer
30		first, and if the named employer fails or refuses to pay the
31		penalty to the Commission within 30 days after the final order
32		of the Commission, then the named corporate officers,
33		directors, partners, or members who have been found to have
34		knowingly and willfully refused or failed to comply with this
35		Section shall be liable for the unpaid penalty or any unpaid
36		portion of the penalty. All penalties collected under this

1		Section shall be deposited in the Illinois Workers'
2		Compensation Industrial Commission Operations Fund.
3		Upon the failure or refusal of any employer, service or
4		adjustment company or insurance carrier to comply with the
5		provisions of this Section and with the orders of the
6		Commission under this Section, or the order of the court on
7		review after final adjudication, the Commission may bring a
8		civil action to recover the amount of the penalty in Cook
9		County or in Sangamon County in which litigation the Commission
10		shall be represented by the Attorney General. The Commission
11		shall send notice of its finding of non-compliance and
12		assessment of the civil penalty to the Attorney General. It
13		shall be the duty of the Attorney General within 30 days after
14		receipt of the notice, to institute prosecutions and promptly
15		prosecute all reported violations of this Section.
16		(e) This Act shall not affect or disturb the continuance of
17		any existing insurance, mutual aid, benefit, or relief
18		association or department, whether maintained in whole or in
19		part by the employer or whether maintained by the employees,
20		the payment of benefits of such association or department being
21		guaranteed by the employer or by some person, firm or
22		corporation for him or her: Provided, the employer contributes
23		to such association or department an amount not less than the
24		full compensation herein provided, exclusive of the cost of the
25		maintenance of such association or department and without any
26		expense to the employee. This Act shall not prevent the
27		organization and maintaining under the insurance laws of this
28		State of any benefit or insurance company for the purpose of
29		insuring against the compensation provided for in this Act, the
30		expense of which is maintained by the employer. This Act shall
31		not prevent the organization or maintaining under the insurance
32		laws of this State of any voluntary mutual aid, benefit or
33		relief association among employees for the payment of
34		additional accident or sick benefits.
35		(f) No existing insurance, mutual aid, benefit or relief
36		association or department shall, by reason of anything herein

1		contained, be authorized to discontinue its operation without
2		first discharging its obligations to any and all persons
3		carrying insurance in the same or entitled to relief or
4		benefits therein.
5		(g) Any contract, oral, written or implied, of employment
6		providing for relief benefit, or insurance or any other device
7		whereby the employee is required to pay any premium or premiums
8		for insurance against the compensation provided for in this Act
9		shall be null and void. Any employer withholding from the wages
10		of any employee any amount for the purpose of paying any such
11		premium shall be guilty of a Class B misdemeanor.
12		In the event the employer does not pay the compensation for
13		which he or she is liable, then an insurance company,
14		association or insurer which may have insured such employer
15		against such liability shall become primarily liable to pay to
16		the employee, his or her personal representative or beneficiary
17		the compensation required by the provisions of this Act to be
18		paid by such employer. The insurance carrier may be made a
19		party to the proceedings in which the employer is a party and
20		an award may be entered jointly against the employer and the
21		insurance carrier.
22		(h) It shall be unlawful for any employer, insurance
23		company or service or adjustment company to interfere with,
24		restrain or coerce an employee in any manner whatsoever in the
25		exercise of the rights or remedies granted to him or her by
26		this Act or to discriminate, attempt to discriminate, or
27		threaten to discriminate against an employee in any way because
28		of his or her exercise of the rights or remedies granted to him
29		or her by this Act.
30		It shall be unlawful for any employer, individually or
31		through any insurance company or service or adjustment company,
32		to discharge or to threaten to discharge, or to refuse to
33		rehire or recall to active service in a suitable capacity an
34		employee because of the exercise of his or her rights or
35		remedies granted to him or her by this Act.
36		(i) If an employer elects to obtain a life insurance policy

1		on his employees, he may also elect to apply such benefits in
2		satisfaction of all or a portion of the death benefits payable
3		under this Act, in which case, the employer's compensation
4		premium shall be reduced accordingly.
5		(j) Within 45 days of receipt of an initial application or
6		application to renew self-insurance privileges the
7		Self-Insurers Advisory Board shall review and submit for
8		approval by the Chairman of the Commission recommendations of
9		disposition of all initial applications to self-insure and all
10		applications to renew self-insurance privileges filed by
11		private self-insurers pursuant to the provisions of this
12		Section and Section 4a-9 of this Act. Each private self-insurer
13		shall submit with its initial and renewal applications the
14		application fee required by Section 4a-4 of this Act.
15		The Chairman of the Commission shall promptly act upon all
16		initial applications and applications for renewal in full
17		accordance with the recommendations of the Board or, should the
18		Chairman disagree with any recommendation of disposition of the
19		Self-Insurer's Advisory Board, he shall within 30 days of
20		receipt of such recommendation provide to the Board in writing
21		the reasons supporting his decision. The Chairman shall also
22		promptly notify the employer of his decision within 15 days of
23		receipt of the recommendation of the Board.
24		If an employer is denied a renewal of self-insurance
25		privileges pursuant to application it shall retain said
26		privilege for 120 days after receipt of a notice of
27		cancellation of the privilege from the Chairman of the
28		Commission.
29		All orders made by the Chairman under this Section shall be
30		subject to review by the courts, such review to be taken in the
31		same manner and within the same time as provided by subsection
32		(f) of Section 19 of this Act for review of awards and
33		decisions of the Commission, upon the party seeking the review
34		filing with the clerk of the court to which such review is
35		taken a bond in an amount to be fixed and approved by the court
36		to which the review is taken, conditioned upon the payment of

1		all compensation awarded against the person taking such review
2		pending a decision thereof and further conditioned upon such
3		other obligations as the court may impose. Upon the review the
4		Circuit Court shall have power to review all questions of fact
5		as well as of law.
6		(Source: P.A. 91-375, eff. 1-1-00; 91-757, eff. 1-1-01; 92-324,
7		eff. 8-9-01.)
8		(820 ILCS 305/4a-2) (from Ch. 48, par. 138.4a-2)
9		Sec. 4a-2. As used in Sections 4a-1 through 4a-9:
10		(a) "Board" means the Self-Insurers Advisory Board created
11		by Section 4a-1.
12		(b) "Chairman" means the Chairman of the Illinois Workers'
13		Compensation Industrial Commission.
14		(c) "Private self-insurer" means a private employer that
15		has been authorized to self-insure its payment of workers'
16		compensation benefits pursuant to subsection (a) of Section 4
17		of this Act or to self-insure its payment of occupational
18		disease benefits pursuant to subsection (a) of Section 4 of the
19		Workers' Occupational Diseases Act but does not include group
20		self-insured employers under Section 4a of this Act or Section
21		4a of the Workers' Occupational Diseases Act or the State of
22		Illinois, any political subdivision of the State, unit of local
23		government or school district, or any other public authorities
24		or quasi-governmental bodies including any subunits of the
25		foregoing entities.
26		(d) "Insolvent self-insurer" means a private self-insurer
27		financially unable to pay compensation due under this Act,
28		which (i) has filed either prior to or after the effective date
29		of this Section or (ii) is the subject party in any proceeding
30		under the Federal Bankruptcy Reform Act of 1978, or is the
31		subject party in any proceeding in which a receiver, custodian,
32		liquidator, rehabilitator, sequestrator, trustee or similar
33		officer has been appointed by any Court to act in lieu of or on
34		behalf of that self-insurer.
35		(e) "Fund" means the Self-Insurers Security Fund

1		established by Section 4a-5.
2		(f) "Trustee" means a member of the Self-Insurers Advisory
3		Board.
4		(g) "Self-Insurers Administration Fund" means the Fund
5		established by Section 4a-6.1.
6		(h) "Application fee" means the application fee provided
7		for in Section 4a-4.
8		(Source: P.A. 85-1385.)
9		(820 ILCS 305/4a-3) (from Ch. 48, par. 138.4a-3)
10		Sec. 4a-3. (a) The Board shall consist of the Chairman of
11		the Illinois Workers' Compensation Industrial Commission, as
12		Chairman of the Board, and six other members appointed by the
13		Chairman who shall be expert in matters of self-insurance for
14		workers' compensation liability. One such member shall
15		represent the general public. The Trustees shall initially be
16		appointed by the Chairman within 30 days of the effective date
17		of this amendatory Act of 1985. Three of the Trustees initially
18		appointed by the Chairman shall serve for a two-year term
19		ending January 1, 1988, and three shall serve for a four-year
20		term ending January 1, 1990. Thereafter, each Trustee shall be
21		appointed to a four-year term and shall continue to serve until
22		his successor is appointed.
23		(b) A vacancy in the office of any appointed member shall
24		occur upon his resignation, death, or conviction of a felony.
25		The Chairman may remove any member from office on a formal
26		finding of incompetence, neglect of duty or malfeasance in
27		office. Within 30 days after the office of any appointed member
28		becomes vacant for any reason, the Chairman shall fill that
29		vacancy for the unexpired term in the same manner as that in
30		which appointments are made.
31		(Source: P.A. 84-1097.)
32		(820 ILCS 305/4a-7) (from Ch. 48, par. 138.4a-7)
33		Sec. 4a-7. (a) The Commission may upon direction of the
34		Board from time to time assess each of the private

1		self-insurers a pro rata share of the funding reasonably
2		necessary to carry out its activities under this Section. The
3		prorations shall be made on the basis of each self-insured's
4		most recent payment into the rate adjustment fund under Section
5		7(f) of this Act. In no event shall a private self-insurer be
6		assessed at one time in excess of .6% of the compensation paid
7		by that private self-insurer during the previous calendar year
8		for claims incurred as a self-insurer. Total assessments
9		against it in any calendar year shall not exceed 1.2% of the
10		compensation it has paid during the previous calendar year as a
11		self-insurer for claims incurred. Funds obtained by such
12		assessments shall be used only for the purposes set forth in
13		this Section, and shall be deposited upon receipt by the
14		Commission into the Self-Insurers Security Fund. If payment of
15		any assessment made under this subsection is not made within 30
16		days of the sending of the notice to the private self-insurer,
17		the Commission at the direction of the Board shall proceed in
18		circuit court for judgment against that private self-insurer
19		which judgment shall include the amount of the assessment, the
20		costs of suit, interest and reasonable attorneys' fees.
21		(b) A private self-insurer which ceases to be a
22		self-insurer shall be liable for any and all assessments made
23		pursuant to this Section during the period following the date
24		its certificate of authority to self-insure is withdrawn,
25		revoked or surrendered until such time as it has discharged all
26		obligations to pay compensation which arose during the period
27		of time said former self-insurer was self-insured. Assessments
28		of such a former private self-insurer shall be based on the
29		compensation paid by the former private self-insurer during the
30		preceding calendar year on claims that arose during the period
31		of time said former private self-insurer was self-insured.
32		(c) The Board on behalf of the Commission shall annually
33		contract for an independent certified audit of the financial
34		activities of the Fund, and an annual report as of June 30
35		shall be submitted promptly by the Board to the Chairman of the
36		Illinois Workers' Compensation Industrial Commission and to

1		each Trustee. Written reports of all activities shall be
2		submitted to the Commission by the Board on a monthly basis.
3		(d) If there are monies remaining in the Fund after all
4		outstanding obligations of all insolvent self-insurers have
5		been satisfied and the costs of administration and defense have
6		been paid, such amounts shall be returned by the Commission
7		from the Fund as directed by the Board to the then private
8		self-insurers in that proportion which each said private
9		self-insurer has contributed to the Fund one year thereafter,
10		provided no outstanding liabilities remain against the Fund.
11		(e) Each private self-insurer shall be subject to the
12		direction of the Commission as provided in this Section as a
13		condition of obtaining and maintaining its certificate of
14		authority to self-insure.
15		(Source: P.A. 85-1385.)
16		(820 ILCS 305/4d)
17		Sec. 4d. Illinois Workers' Compensation Industrial
18		Commission Operations Fund Fee.
19		(a) As of the effective date of this amendatory Act of the
20		93rd General Assembly, each employer that self-insures its
21		liabilities arising under this Act or Workers' Occupational
22		Diseases Act shall pay a fee measured by the annual actual
23		wages paid in this State of such an employer in the manner
24		provided in this Section. Such proceeds shall be deposited in
25		the Illinois Workers' Compensation Industrial Commission
26		Operations Fund. If an employer survives or was formed by a
27		merger, consolidation, reorganization, or reincorporation, the
28		actual wages paid in this State of all employers party to the
29		merger, consolidation, reorganization, or reincorporation
30		shall, for purposes of determining the amount of the fee
31		imposed by this Section, be regarded as those of the surviving
32		or new employer.
33		(b) Beginning on the effective date of this amendatory Act
34		of the 93rd General Assembly and on July 1 of each year
35		thereafter, the Chairman shall charge and collect an annual

1		Illinois Workers' Compensation Industrial Commission
2		Operations Fund Fee from every employer subject to subsection
3		(a) of this Section equal to 0.045% of its annual actual wages
4		paid in this State as reported in each employer's annual
5		self-insurance renewal filed for the previous year as required
6		by Section 4 of this Act and Section 4 of the Workers'
7		Occupational Diseases Act. All sums collected by the Commission
8		under the provisions of this Section shall be paid promptly
9		after the receipt of the same, accompanied by a detailed
10		statement thereof, into the Illinois Workers' Compensation
11		Industrial Commission Operations Fund.
12		(c) In addition to the authority specifically granted under
13		Section 16, the Chairman shall have such authority to adopt
14		rules or establish forms as may be reasonably necessary for
15		purposes of enforcing this Section. The Commission shall have
16		authority to defer, waive, or abate the fee or any penalties
17		imposed by this Section if in the Commission's opinion the
18		employer's solvency and ability to meet its obligations to pay
19		workers' compensation benefits would be immediately threatened
20		by payment of the fee due.
21		(d) When an employer fails to pay the full amount of any
22		annual Illinois Workers' Compensation Industrial Commission
23		Operations Fund Fee of $100 or more due under this Section,
24		there shall be added to the amount due as a penalty the greater
25		of $1,000 or an amount equal to 5% of the deficiency for each
26		month or part of a month that the deficiency remains unpaid.
27		(e) The Commission may enforce the collection of any
28		delinquent payment, penalty or portion thereof by legal action
29		or in any other manner by which the collection of debts due the
30		State of Illinois may be enforced under the laws of this State.
31		(f) Whenever it appears to the satisfaction of the Chairman
32		that an employer has paid pursuant to this Act an Illinois
33		Workers' Compensation Industrial Commission Operations Fund
34		Fee in an amount in excess of the amount legally collectable
35		from the employer, the Chairman shall issue a credit memorandum
36		for an amount equal to the amount of such overpayment. A credit

1		memorandum may be applied for the 2-year period from the date
2		of issuance against the payment of any amount due during that
3		period under the fee imposed by this Section or, subject to
4		reasonable rule of the Commission including requirement of
5		notification, may be assigned to any other employer subject to
6		regulation under this Act. Any application of credit memoranda
7		after the period provided for in this Section is void.
8		(Source: P.A. 93-32, eff. 6-20-03.)
9		(820 ILCS 305/6) (from Ch. 48, par. 138.6)
10		Sec. 6. (a) Every employer within the provisions of this
11		Act, shall, under the rules and regulations prescribed by the
12		Commission, post printed notices in their respective places of
13		employment in such number and at such places as may be
14		determined by the Commission, containing such information
15		relative to this Act as in the judgment of the Commission may
16		be necessary to aid employees to safeguard their rights under
17		this Act in event of injury.
18		In addition thereto, the employer shall post in a
19		conspicuous place on the place of the employment a printed or
20		typewritten notice stating whether he is insured or whether he
21		has qualified and is operating as a self-insured employer. In
22		the event the employer is insured, the notice shall state the
23		name and address of his insurance carrier, the number of the
24		insurance policy, its effective date and the date of
25		termination. In the event of the termination of the policy for
26		any reason prior to the termination date stated, the posted
27		notice shall promptly be corrected accordingly. In the event
28		the employer is operating as a self-insured employer the notice
29		shall state the name and address of the company, if any,
30		servicing the compensation payments of the employer, and the
31		name and address of the person in charge of making compensation
32		payments.
33		(b) Every employer subject to this Act shall maintain
34		accurate records of work-related deaths, injuries and illness
35		other than minor injuries requiring only first aid treatment

1		and which do not involve medical treatment, loss of
2		consciousness, restriction of work or motion, or transfer to
3		another job and file with the Commission, in writing, a report
4		of all accidental deaths, injuries and illnesses arising out of
5		and in the course of the employment resulting in the loss of
6		more than 3 scheduled work days. In the case of death such
7		report shall be made no later than 2 working days following the
8		accidental death. In all other cases such report shall be made
9		between the 15th and 25th of each month unless required to be
10		made sooner by rule of the Commission. In case the injury
11		results in permanent disability, a further report shall be made
12		as soon as it is determined that such permanent disability has
13		resulted or will result from the injury. All reports shall
14		state the date of the injury, including the time of day or
15		night, the nature of the employer's business, the name,
16		address, age, sex, conjugal condition of the injured person,
17		the specific occupation of the injured person, the direct cause
18		of the injury and the nature of the accident, the character of
19		the injury, the length of disability, and in case of death the
20		length of disability before death, the wages of the injured
21		person, whether compensation has been paid to the injured
22		person, or to his or her legal representative or his heirs or
23		next of kin, the amount of compensation paid, the amount paid
24		for physicians', surgeons' and hospital bills, and by whom
25		paid, and the amount paid for funeral or burial expenses if
26		known. The reports shall be made on forms and in the manner as
27		prescribed by the Commission and shall contain such further
28		information as the Commission shall deem necessary and require.
29		The making of these reports releases the employer from making
30		such reports to any other officer of the State and shall
31		satisfy the reporting provisions as contained in the "Health
32		and Safety Act" and "An Act in relation to safety inspections
33		and education in industrial and commercial establishments and
34		to repeal an Act therein named", approved July 18, 1955, as now
35		or hereafter amended. The reports filed with the Commission
36		pursuant to this Section shall be made available by the

1		Commission to the Director of Labor or his representatives and
2		to all other departments of the State of Illinois which shall
3		require such information for the proper discharge of their
4		official duties. Failure to file with the Commission any of the
5		reports required in this Section is a petty offense.
6		Except as provided in this paragraph, all reports filed
7		hereunder shall be confidential and any person having access to
8		such records filed with the Illinois Workers' Compensation
9		Industrial Commission as herein required, who shall release any
10		information therein contained including the names or otherwise
11		identify any persons sustaining injuries or disabilities, or
12		give access to such information to any unauthorized person,
13		shall be subject to discipline or discharge, and in addition
14		shall be guilty of a Class B misdemeanor. The Commission shall
15		compile and distribute to interested persons aggregate
16		statistics, taken from the reports filed hereunder. The
17		aggregate statistics shall not give the names or otherwise
18		identify persons sustaining injuries or disabilities or the
19		employer of any injured or disabled person.
20		(c) Notice of the accident shall be given to the employer
21		as soon as practicable, but not later than 45 days after the
22		accident. Provided:
23		(1) In case of the legal disability of the employee or any
24		dependent of a deceased employee who may be entitled to
25		compensation under the provisions of this Act, the limitations
26		of time by this Act provided do not begin to run against such
27		person under legal disability until a guardian has been
28		appointed.
29		(2) In cases of injuries sustained by exposure to
30		radiological materials or equipment, notice shall be given to
31		the employer within 90 days subsequent to the time that the
32		employee knows or suspects that he has received an excessive
33		dose of radiation.
34		No defect or inaccuracy of such notice shall be a bar to
35		the maintenance of proceedings on arbitration or otherwise by
36		the employee unless the employer proves that he is unduly

1		prejudiced in such proceedings by such defect or inaccuracy.
2		Notice of the accident shall give the approximate date and
3		place of the accident, if known, and may be given orally or in
4		writing.
5		(d) Every employer shall notify each injured employee who
6		has been granted compensation under the provisions of Section 8
7		of this Act of his rights to rehabilitation services and advise
8		him of the locations of available public rehabilitation centers
9		and any other such services of which the employer has
10		knowledge.
11		In any case, other than one where the injury was caused by
12		exposure to radiological materials or equipment or asbestos
13		unless the application for compensation is filed with the
14		Commission within 3 years after the date of the accident, where
15		no compensation has been paid, or within 2 years after the date
16		of the last payment of compensation, where any has been paid,
17		whichever shall be later, the right to file such application
18		shall be barred.
19		In any case of injury caused by exposure to radiological
20		materials or equipment or asbestos, unless application for
21		compensation is filed with the Commission within 25 years after
22		the last day that the employee was employed in an environment
23		of hazardous radiological activity or asbestos, the right to
24		file such application shall be barred.
25		If in any case except one where the injury was caused by
26		exposure to radiological materials or equipment or asbestos,
27		the accidental injury results in death application for
28		compensation for death may be filed with the Commission within
29		3 years after the date of death where no compensation has been
30		paid or within 2 years after the date of the last payment of
31		compensation where any has been paid, whichever shall be later,
32		but not thereafter.
33		If an accidental injury caused by exposure to radiological
34		material or equipment or asbestos results in death within 25
35		years after the last day that the employee was so exposed
36		application for compensation for death may be filed with the

1		Commission within 3 years after the date of death, where no
2		compensation has been paid, or within 2 years after the date of
3		the last payment of compensation where any has been paid,
4		whichever shall be later, but not thereafter.
5		(e) Any contract or agreement made by any employer or his
6		agent or attorney with any employee or any other beneficiary of
7		any claim under the provisions of this Act within 7 days after
8		the injury shall be presumed to be fraudulent.
9		(Source: P.A. 84-981.)
10		(820 ILCS 305/7) (from Ch. 48, par. 138.7)
11		Sec. 7. The amount of compensation which shall be paid for
12		an accidental injury to the employee resulting in death is:
13		(a) If the employee leaves surviving a widow, widower,
14		child or children, the applicable weekly compensation rate
15		computed in accordance with subparagraph 2 of paragraph (b) of
16		Section 8, shall be payable during the life of the widow or
17		widower and if any surviving child or children shall not be
18		physically or mentally incapacitated then until the death of
19		the widow or widower or until the youngest child shall reach
20		the age of 18, whichever shall come later; provided that if
21		such child or children shall be enrolled as a full time student
22		in any accredited educational institution, the payments shall
23		continue until such child has attained the age of 25. In the
24		event any surviving child or children shall be physically or
25		mentally incapacitated, the payments shall continue for the
26		duration of such incapacity.
27		The term "child" means a child whom the deceased employee
28		left surviving, including a posthumous child, a child legally
29		adopted, a child whom the deceased employee was legally
30		obligated to support or a child to whom the deceased employee
31		stood in loco parentis. The term "children" means the plural of
32		"child".
33		The term "physically or mentally incapacitated child or
34		children" means a child or children incapable of engaging in
35		regular and substantial gainful employment.

1		In the event of the remarriage of a widow or widower, where
2		the decedent did not leave surviving any child or children who,
3		at the time of such remarriage, are entitled to compensation
4		benefits under this Act, the surviving spouse shall be paid a
5		lump sum equal to 2 years compensation benefits and all further
6		rights of such widow or widower shall be extinguished.
7		If the employee leaves surviving any child or children
8		under 18 years of age who at the time of death shall be
9		entitled to compensation under this paragraph (a) of this
10		Section, the weekly compensation payments herein provided for
11		such child or children shall in any event continue for a period
12		of not less than 6 years.
13		Any beneficiary entitled to compensation under this
14		paragraph (a) of this Section shall receive from the special
15		fund provided in paragraph (f) of this Section, in addition to
16		the compensation herein provided, supplemental benefits in
17		accordance with paragraph (g) of Section 8.
18		(b) If no compensation is payable under paragraph (a) of
19		this Section and the employee leaves surviving a parent or
20		parents who at the time of the accident were totally dependent
21		upon the earnings of the employee then weekly payments equal to
22		the compensation rate payable in the case where the employee
23		leaves surviving a widow or widower, shall be paid to such
24		parent or parents for the duration of their lives, and in the
25		event of the death of either, for the life of the survivor.
26		(c) If no compensation is payable under paragraphs (a) or
27		(b) of this Section and the employee leaves surviving any child
28		or children who are not entitled to compensation under the
29		foregoing paragraph (a) but who at the time of the accident
30		were nevertheless in any manner dependent upon the earnings of
31		the employee, or leaves surviving a parent or parents who at
32		the time of the accident were partially dependent upon the
33		earnings of the employee, then there shall be paid to such
34		dependent or dependents for a period of 8 years weekly
35		compensation payments at such proportion of the applicable rate
36		if the employee had left surviving a widow or widower as such

1		dependency bears to total dependency. In the event of the death
2		of any such beneficiary the share of such beneficiary shall be
3		divided equally among the surviving beneficiaries and in the
4		event of the death of the last such beneficiary all the rights
5		under this paragraph shall be extinguished.
6		(d) If no compensation is payable under paragraphs (a), (b)
7		or (c) of this Section and the employee leaves surviving any
8		grandparent, grandparents, grandchild or grandchildren or
9		collateral heirs dependent upon the employee's earnings to the
10		extent of 50% or more of total dependency, then there shall be
11		paid to such dependent or dependents for a period of 5 years
12		weekly compensation payments at such proportion of the
13		applicable rate if the employee had left surviving a widow or
14		widower as such dependency bears to total dependency. In the
15		event of the death of any such beneficiary the share of such
16		beneficiary shall be divided equally among the surviving
17		beneficiaries and in the event of the death of the last such
18		beneficiary all rights hereunder shall be extinguished.
19		(e) The compensation to be paid for accidental injury which
20		results in death, as provided in this Section, shall be paid to
21		the persons who form the basis for determining the amount of
22		compensation to be paid by the employer, the respective shares
23		to be in the proportion of their respective dependency at the
24		time of the accident on the earnings of the deceased. The
25		Commission or an Arbitrator thereof may, in its or his
26		discretion, order or award the payment to the parent or
27		grandparent of a child for the latter's support the amount of
28		compensation which but for such order or award would have been
29		paid to such child as its share of the compensation payable,
30		which order or award may be modified from time to time by the
31		Commission in its discretion with respect to the person to whom
32		shall be paid the amount of the order or award remaining unpaid
33		at the time of the modification.
34		The payments of compensation by the employer in accordance
35		with the order or award of the Commission discharges such
36		employer from all further obligation as to such compensation.

1		(f) The sum of $4200 for burial expenses shall be paid by
2		the employer to the widow or widower, other dependent, next of
3		kin or to the person or persons incurring the expense of
4		burial.
5		In the event the employer failed to provide necessary first
6		aid, medical, surgical or hospital service, he shall pay the
7		cost thereof to the person or persons entitled to compensation
8		under paragraphs (a), (b), (c) or (d) of this Section, or to
9		the person or persons incurring the obligation therefore, or
10		providing the same.
11		On January 15 and July 15, 1981, and on January 15 and July
12		15 of each year thereafter the employer shall within 60 days
13		pay a sum equal to 1/8 of 1% of all compensation payments made
14		by him after July 1, 1980, either under this Act or the
15		Workers' Occupational Diseases Act, whether by lump sum
16		settlement or weekly compensation payments, but not including
17		hospital, surgical or rehabilitation payments, made during the
18		first 6 months and during the second 6 months respectively of
19		the fiscal year next preceding the date of the payments, into a
20		special fund which shall be designated the "Second Injury
21		Fund", of which the State Treasurer is ex-officio custodian,
22		such special fund to be held and disbursed for the purposes
23		hereinafter stated in paragraphs (f) and (g) of Section 8,
24		either upon the order of the Commission or of a competent
25		court. Said special fund shall be deposited the same as are
26		State funds and any interest accruing thereon shall be added
27		thereto every 6 months. It is subject to audit the same as
28		State funds and accounts and is protected by the General bond
29		given by the State Treasurer. It is considered always
30		appropriated for the purposes of disbursements as provided in
31		Section 8, paragraph (f), of this Act, and shall be paid out
32		and disbursed as therein provided and shall not at any time be
33		appropriated or diverted to any other use or purpose.
34		On January 15, 1991, the employer shall further pay a sum
35		equal to one half of 1% of all compensation payments made by
36		him from January 1, 1990 through June 30, 1990 either under

1		this Act or under the Workers' Occupational Diseases Act,
2		whether by lump sum settlement or weekly compensation payments,
3		but not including hospital, surgical or rehabilitation
4		payments, into an additional Special Fund which shall be
5		designated as the "Rate Adjustment Fund". On March 15, 1991,
6		the employer shall pay into the Rate Adjustment Fund a sum
7		equal to one half of 1% of all such compensation payments made
8		from July 1, 1990 through December 31, 1990. Within 60 days
9		after July 15, 1991, the employer shall pay into the Rate
10		Adjustment Fund a sum equal to one half of 1% of all such
11		compensation payments made from January 1, 1991 through June
12		30, 1991. Within 60 days after January 15 of 1992 and each
13		subsequent year through 1996, the employer shall pay into the
14		Rate Adjustment Fund a sum equal to one half of 1% of all such
15		compensation payments made in the last 6 months of the
16		preceding calendar year. Within 60 days after July 15 of 1992
17		and each subsequent year through 1995, the employer shall pay
18		into the Rate Adjustment Fund a sum equal to one half of 1% of
19		all such compensation payments made in the first 6 months of
20		the same calendar year. Within 60 days after January 15 of 1997
21		and each subsequent year, the employer shall pay into the Rate
22		Adjustment Fund a sum equal to three-fourths of 1% of all such
23		compensation payments made in the last 6 months of the
24		preceding calendar year. Within 60 days after July 15 of 1996
25		and each subsequent year, the employer shall pay into the Rate
26		Adjustment Fund a sum equal to three-fourths of 1% of all such
27		compensation payments made in the first 6 months of the same
28		calendar year. The administrative costs of collecting
29		assessments from employers for the Rate Adjustment Fund shall
30		be paid from the Rate Adjustment Fund. The cost of an actuarial
31		audit of the Fund shall be paid from the Rate Adjustment Fund
32		and the audit shall be completed no later than July 1, 1997.
33		The State Treasurer is ex officio custodian of such Special
34		Fund and the same shall be held and disbursed for the purposes
35		hereinafter stated in paragraphs (f) and (g) of Section 8 upon
36		the order of the Commission or of a competent court. The Rate

1		Adjustment Fund shall be deposited the same as are State funds
2		and any interest accruing thereon shall be added thereto every
3		6 months. It shall be subject to audit the same as State funds
4		and accounts and shall be protected by the general bond given
5		by the State Treasurer. It is considered always appropriated
6		for the purposes of disbursements as provided in paragraphs (f)
7		and (g) of Section 8 of this Act and shall be paid out and
8		disbursed as therein provided and shall not at any time be
9		appropriated or diverted to any other use or purpose. Within 5
10		days after the effective date of this amendatory Act of 1990,
11		the Comptroller and the State Treasurer shall transfer
12		$1,000,000 from the General Revenue Fund to the Rate Adjustment
13		Fund. By February 15, 1991, the Comptroller and the State
14		Treasurer shall transfer $1,000,000 from the Rate Adjustment
15		Fund to the General Revenue Fund. The Comptroller and Treasurer
16		are authorized to make transfers at the request of the Chairman
17		up to a total of $15,000,000 from the Second Injury Fund, the
18		General Revenue Fund, and the Workers' Compensation Benefit
19		Trust Fund to the Rate Adjustment Fund to the extent that there
20		is insufficient money in the Rate Adjustment Fund to pay claims
21		and obligations. Amounts may be transferred from the General
22		Revenue Fund only if the funds in the Second Injury Fund or the
23		Workers' Compensation Benefit Trust Fund are insufficient to
24		pay claims and obligations of the Rate Adjustment Fund. All
25		amounts transferred from the Second Injury Fund, the General
26		Revenue Fund, and the Workers' Compensation Benefit Trust Fund
27		shall be repaid from the Rate Adjustment Fund within 270 days
28		of a transfer, together with interest at the rate earned by
29		moneys on deposit in the Fund or Funds from which the moneys
30		were transferred.
31		Upon a finding by the Commission, after reasonable notice
32		and hearing, that any employer has willfully and knowingly
33		failed to pay the proper amounts into the Second Injury Fund or
34		the Rate Adjustment Fund required by this Section or if such
35		payments are not made within the time periods prescribed by
36		this Section, the employer shall, in addition to such payments,

1		pay a penalty of 20% of the amount required to be paid or
2		$2,500, whichever is greater, for each year or part thereof of
3		such failure to pay. This penalty shall only apply to
4		obligations of an employer to the Second Injury Fund or the
5		Rate Adjustment Fund accruing after the effective date of this
6		amendatory Act of 1989. All or part of such a penalty may be
7		waived by the Commission for good cause shown.
8		Any obligations of an employer to the Second Injury Fund
9		and Rate Adjustment Fund accruing prior to the effective date
10		of this amendatory Act of 1989 shall be paid in full by such
11		employer within 5 years of the effective date of this
12		amendatory Act of 1989, with at least one-fifth of such
13		obligation to be paid during each year following the effective
14		date of this amendatory Act of 1989. If the Commission finds,
15		following reasonable notice and hearing, that an employer has
16		failed to make timely payment of any obligation accruing under
17		the preceding sentence, the employer shall, in addition to all
18		other payments required by this Section, be liable for a
19		penalty equal to 20% of the overdue obligation or $2,500,
20		whichever is greater, for each year or part thereof that
21		obligation is overdue. All or part of such a penalty may be
22		waived by the Commission for good cause shown.
23		The Chairman of the Illinois Workers' Compensation
24		Industrial Commission shall, annually, furnish to the Director
25		of the Department of Insurance a list of the amounts paid into
26		the Second Injury Fund and the Rate Adjustment Fund by each
27		insurance company on behalf of their insured employers. The
28		Director shall verify to the Chairman that the amounts paid by
29		each insurance company are accurate as best as the Director can
30		determine from the records available to the Director. The
31		Chairman shall verify that the amounts paid by each
32		self-insurer are accurate as best as the Chairman can determine
33		from records available to the Chairman. The Chairman may
34		require each self-insurer to provide information concerning
35		the total compensation payments made upon which contributions
36		to the Second Injury Fund and the Rate Adjustment Fund are

1		predicated and any additional information establishing that
2		such payments have been made into these funds. Any deficiencies
3		in payments noted by the Director or Chairman shall be subject
4		to the penalty provisions of this Act.
5		The State Treasurer, or his duly authorized
6		representative, shall be named as a party to all proceedings in
7		all cases involving claim for the loss of, or the permanent and
8		complete loss of the use of one eye, one foot, one leg, one arm
9		or one hand.
10		The State Treasurer or his duly authorized agent shall have
11		the same rights as any other party to the proceeding, including
12		the right to petition for review of any award. The reasonable
13		expenses of litigation, such as medical examinations,
14		testimony, and transcript of evidence, incurred by the State
15		Treasurer or his duly authorized representative, shall be borne
16		by the Second Injury Fund.
17		If the award is not paid within 30 days after the date the
18		award has become final, the Commission shall proceed to take
19		judgment thereon in its own name as is provided for other
20		awards by paragraph (g) of Section 19 of this Act and take the
21		necessary steps to collect the award.
22		Any person, corporation or organization who has paid or
23		become liable for the payment of burial expenses of the
24		deceased employee may in his or its own name institute
25		proceedings before the Commission for the collection thereof.
26		For the purpose of administration, receipts and
27		disbursements, the Special Fund provided for in paragraph (f)
28		of this Section shall be administered jointly with the Special
29		Fund provided for in Section 7, paragraph (f) of the Workers'
30		Occupational Diseases Act.
31		(g) All compensation, except for burial expenses provided
32		in this Section to be paid in case accident results in death,
33		shall be paid in installments equal to the percentage of the
34		average earnings as provided for in Section 8, paragraph (b) of
35		this Act, at the same intervals at which the wages or earnings
36		of the employees were paid. If this is not feasible, then the

1		installments shall be paid weekly. Such compensation may be
2		paid in a lump sum upon petition as provided in Section 9 of
3		this Act. However, in addition to the benefits provided by
4		Section 9 of this Act where compensation for death is payable
5		to the deceased's widow, widower or to the deceased's widow,
6		widower and one or more children, and where a partial lump sum
7		is applied for by such beneficiary or beneficiaries within 18
8		months after the deceased's death, the Commission may, in its
9		discretion, grant a partial lump sum of not to exceed 100 weeks
10		of the compensation capitalized at their present value upon the
11		basis of interest calculated at 3% per annum with annual rests,
12		upon a showing that such partial lump sum is for the best
13		interest of such beneficiary or beneficiaries.
14		(h) In case the injured employee is under 16 years of age
15		at the time of the accident and is illegally employed, the
16		amount of compensation payable under paragraphs (a), (b), (c),
17		(d) and (f) of this Section shall be increased 50%.
18		Nothing herein contained repeals or amends the provisions
19		of the Child Labor Law relating to the employment of minors
20		under the age of 16 years.
21		However, where an employer has on file an employment
22		certificate issued pursuant to the Child Labor Law or work
23		permit issued pursuant to the Federal Fair Labor Standards Act,
24		as amended, or a birth certificate properly and duly issued,
25		such certificate, permit or birth certificate is conclusive
26		evidence as to the age of the injured minor employee for the
27		purposes of this Section only.
28		(i) Whenever the dependents of a deceased employee are
29		aliens not residing in the United States, Mexico or Canada, the
30		amount of compensation payable is limited to the beneficiaries
31		described in paragraphs (a), (b) and (c) of this Section and is
32		50% of the compensation provided in paragraphs (a), (b) and (c)
33		of this Section, except as otherwise provided by treaty.
34		In a case where any of the persons who would be entitled to
35		compensation is living at any place outside of the United
36		States, then payment shall be made to the personal

1		representative of the deceased employee. The distribution by
2		such personal representative to the persons entitled shall be
3		made to such persons and in such manner as the Commission
4		orders.
5		(Source: P.A. 92-714, eff. 1-1-03.)
6		(820 ILCS 305/8) (from Ch. 48, par. 138.8)
7		Sec. 8. The amount of compensation which shall be paid to
8		the employee for an accidental injury not resulting in death
9		is:
10		(a) The employer shall provide and pay for all the
11		necessary first aid, medical and surgical services, and all
12		necessary medical, surgical and hospital services thereafter
13		incurred, limited, however, to that which is reasonably
14		required to cure or relieve from the effects of the accidental
15		injury. The employer shall also pay for treatment, instruction
16		and training necessary for the physical, mental and vocational
17		rehabilitation of the employee, including all maintenance
18		costs and expenses incidental thereto. If as a result of the
19		injury the employee is unable to be self-sufficient the
20		employer shall further pay for such maintenance or
21		institutional care as shall be required.
22		The employee may at any time elect to secure his own
23		physician, surgeon and hospital services at the employer's
24		expense, or,
25		Upon agreement between the employer and the employees, or
26		the employees' exclusive representative, and subject to the
27		approval of the Illinois Workers' Compensation Industrial
28		Commission, the employer shall maintain a list of physicians,
29		to be known as a Panel of Physicians, who are accessible to the
30		employees. The employer shall post this list in a place or
31		places easily accessible to his employees. The employee shall
32		have the right to make an alternative choice of physician from
33		such Panel if he is not satisfied with the physician first
34		selected. If, due to the nature of the injury or its occurrence
35		away from the employer's place of business, the employee is

1		unable to make a selection from the Panel, the selection
2		process from the Panel shall not apply. The physician selected
3		from the Panel may arrange for any consultation, referral or
4		other specialized medical services outside the Panel at the
5		employer's expense. Provided that, in the event the Commission
6		shall find that a doctor selected by the employee is rendering
7		improper or inadequate care, the Commission may order the
8		employee to select another doctor certified or qualified in the
9		medical field for which treatment is required. If the employee
10		refuses to make such change the Commission may relieve the
11		employer of his obligation to pay the doctor's charges from the
12		date of refusal to the date of compliance.
13		Every hospital, physician, surgeon or other person
14		rendering treatment or services in accordance with the
15		provisions of this Section shall upon written request furnish
16		full and complete reports thereof to, and permit their records
17		to be copied by, the employer, the employee or his dependents,
18		as the case may be, or any other party to any proceeding for
19		compensation before the Commission, or their attorneys.
20		Notwithstanding the foregoing, the employer's liability to
21		pay for such medical services selected by the employee shall be
22		limited to:
23		(1) all first aid and emergency treatment; plus
24		(2) all medical, surgical and hospital services
25		provided by the physician, surgeon or hospital initially
26		chosen by the employee or by any other physician,
27		consultant, expert, institution or other provider of
28		services recommended by said initial service provider or
29		any subsequent provider of medical services in the chain of
30		referrals from said initial service provider; plus
31		(3) all medical, surgical and hospital services
32		provided by any second physician, surgeon or hospital
33		subsequently chosen by the employee or by any other
34		physician, consultant, expert, institution or other
35		provider of services recommended by said second service
36		provider or any subsequent provider of medical services in

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

1		The furnishing by the employer of any such services or
2		appliances is not an admission of liability on the part of the
3		employer to pay compensation.
4		The furnishing of any such services or appliances or the
5		servicing thereof by the employer is not the payment of
6		compensation.
7		(b) If the period of temporary total incapacity for work
8		lasts more than 3 working days, weekly compensation as
9		hereinafter provided shall be paid beginning on the 4th day of
10		such temporary total incapacity and continuing as long as the
11		total temporary incapacity lasts. In cases where the temporary
12		total incapacity for work continues for a period of 14 days or
13		more from the day of the accident compensation shall commence
14		on the day after the accident.
15		1. The compensation rate for temporary total
16		incapacity under this paragraph (b) of this Section shall
17		be equal to 66 2/3% of the employee's average weekly wage
18		computed in accordance with Section 10, provided that it
19		shall be not less than the following amounts in the
20		following cases:
21		$100.90 in case of a single person;
22		$105.50 in case of a married person with no
23		children;
24		$108.30 in case of one child;
25		$113.40 in case of 2 children;
26		$117.40 in case of 3 children;
27		$124.30 in case of 4 or more children;
28		nor exceed the employee's average weekly wage computed in
29		accordance with the provisions of Section 10, whichever is
30		less.
31		2. The compensation rate in all cases other than for
32		temporary total disability under this paragraph (b), and
33		other than for serious and permanent disfigurement under
34		paragraph (c) and other than for permanent partial
35		disability under subparagraph (2) of paragraph (d) or under
36		paragraph (e), of this Section shall be equal to 66 2/3% of

1		the employee's average weekly wage computed in accordance
2		with the provisions of Section 10, provided that it shall
3		be not less than the following amounts in the following
4		cases:
5		$80.90 in case of a single person;
6		$83.20 in case of a married person with no
7		children;
8		$86.10 in case of one child;
9		$88.90 in case of 2 children;
10		$91.80 in case of 3 children;
11		$96.90 in case of 4 or more children;
12		nor exceed the employee's average weekly wage computed in
13		accordance with the provisions of Section 10, whichever is
14		less.
15		2.1. The compensation rate in all cases of serious and
16		permanent disfigurement under paragraph (c) and of
17		permanent partial disability under subparagraph (2) of
18		paragraph (d) or under paragraph (e) of this Section shall
19		be equal to 60% of the employee's average weekly wage
20		computed in accordance with the provisions of Section 10,
21		provided that it shall be not less than the following
22		amounts in the following cases:
23		$80.90 in case of a single person;
24		$83.20 in case of a married person with no
25		children;
26		$86.10 in case of one child;
27		$88.90 in case of 2 children;
28		$91.80 in case of 3 children;
29		$96.90 in case of 4 or more children;
30		nor exceed the employee's average weekly wage computed in
31		accordance with the provisions of Section 10, whichever is
32		less.
33		3. As used in this Section the term "child" means a
34		child of the employee including any child legally adopted
35		before the accident or whom at the time of the accident the
36		employee was under legal obligation to support or to whom

1		the employee stood in loco parentis, and who at the time of
2		the accident was under 18 years of age and not emancipated.
3		The term "children" means the plural of "child".
4		4. All weekly compensation rates provided under
5		subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
6		Section shall be subject to the following limitations:
7		The maximum weekly compensation rate from July 1, 1975,
8		except as hereinafter provided, shall be 100% of the
9		State's average weekly wage in covered industries under the
10		Unemployment Insurance Act, that being the wage that most
11		closely approximates the State's average weekly wage.
12		The maximum weekly compensation rate, for the period
13		July 1, 1984, through June 30, 1987, except as hereinafter
14		provided, shall be $293.61. Effective July 1, 1987 and on
15		July 1 of each year thereafter the maximum weekly
16		compensation rate, except as hereinafter provided, shall
17		be determined as follows: if during the preceding 12 month
18		period there shall have been an increase in the State's
19		average weekly wage in covered industries under the
20		Unemployment Insurance Act, the weekly compensation rate
21		shall be proportionately increased by the same percentage
22		as the percentage of increase in the State's average weekly
23		wage in covered industries under the Unemployment
24		Insurance Act during such period.
25		The maximum weekly compensation rate, for the period
26		January 1, 1981 through December 31, 1983, except as
27		hereinafter provided, shall be 100% of the State's average
28		weekly wage in covered industries under the Unemployment
29		Insurance Act in effect on January 1, 1981. Effective
30		January 1, 1984 and on January 1, of each year thereafter
31		the maximum weekly compensation rate, except as
32		hereinafter provided, shall be determined as follows: if
33		during the preceding 12 month period there shall have been
34		an increase in the State's average weekly wage in covered
35		industries under the Unemployment Insurance Act, the
36		weekly compensation rate shall be proportionately

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

1		January, 1978 and on the 15th day of July, 1978 and on the
2		15th day of each January and July of each year thereafter,
3		post and publish the State's average weekly wage in covered
4		industries under the Unemployment Insurance Act as last
5		determined and published by the Department of Employment
6		Security. The amount when so posted and published shall be
7		conclusive and shall be applicable as the basis of
8		computation of compensation rates until the next posting
9		and publication as aforesaid.
10		7. The payment of compensation by an employer or his
11		insurance carrier to an injured employee shall not
12		constitute an admission of the employer's liability to pay
13		compensation.
14		(c) For any serious and permanent disfigurement to the
15		hand, head, face, neck, arm, leg below the knee or the chest
16		above the axillary line, the employee is entitled to
17		compensation for such disfigurement, the amount determined by
18		agreement at any time or by arbitration under this Act, at a
19		hearing not less than 6 months after the date of the accidental
20		injury, which amount shall not exceed 150 weeks at the
21		applicable rate provided in subparagraph 2.1 of paragraph (b)
22		of this Section.
23		No compensation is payable under this paragraph where
24		compensation is payable under paragraphs (d), (e) or (f) of
25		this Section.
26		A duly appointed member of a fire department in a city, the
27		population of which exceeds 200,000 according to the last
28		federal or State census, is eligible for compensation under
29		this paragraph only where such serious and permanent
30		disfigurement results from burns.
31		(d) 1. If, after the accidental injury has been sustained,
32		the employee as a result thereof becomes partially
33		incapacitated from pursuing his usual and customary line of
34		employment, he shall, except in cases compensated under the
35		specific schedule set forth in paragraph (e) of this Section,
36		receive compensation for the duration of his disability,

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

1		and for a fracture of each transverse process not less than 3
2		weeks. In the event such injuries shall result in the loss of a
3		kidney, spleen or lung, the amount of compensation allowed
4		under this Section shall be not less than 10 weeks for each
5		such organ. Compensation awarded under this subparagraph 2
6		shall not take into consideration injuries covered under
7		paragraphs (c) and (e) of this Section and the compensation
8		provided in this paragraph shall not affect the employee's
9		right to compensation payable under paragraphs (b), (c) and (e)
10		of this Section for the disabilities therein covered.
11		(e) For accidental injuries in the following schedule, the
12		employee shall receive compensation for the period of temporary
13		total incapacity for work resulting from such accidental
14		injury, under subparagraph 1 of paragraph (b) of this Section,
15		and shall receive in addition thereto compensation for a
16		further period for the specific loss herein mentioned, but
17		shall not receive any compensation under any other provisions
18		of this Act. The following listed amounts apply to either the
19		loss of or the permanent and complete loss of use of the member
20		specified, such compensation for the length of time as follows:
21		1. Thumb-70 weeks.
22		2. First, or index finger-40 weeks.
23		3. Second, or middle finger-35 weeks.
24		4. Third, or ring finger-25 weeks.
25		5. Fourth, or little finger-20 weeks.
26		6. Great toe-35 weeks.
27		7. Each toe other than great toe-12 weeks.
28		8. The loss of the first or distal phalanx of the thumb
29		or of any finger or toe shall be considered to be equal to
30		the loss of one-half of such thumb, finger or toe and the
31		compensation payable shall be one-half of the amount above
32		specified. The loss of more than one phalanx shall be
33		considered as the loss of the entire thumb, finger or toe.
34		In no case shall the amount received for more than one
35		finger exceed the amount provided in this schedule for the
36		loss of a hand.

1		9. Hand-190 weeks. The loss of 2 or more digits, or one
2		or more phalanges of 2 or more digits, of a hand may be
3		compensated on the basis of partial loss of use of a hand,
4		provided, further, that the loss of 4 digits, or the loss
5		of use of 4 digits, in the same hand shall constitute the
6		complete loss of a hand.
7		10. Arm-235 weeks. Where an accidental injury results
8		in the amputation of an arm below the elbow, such injury
9		shall be compensated as a loss of an arm. Where an
10		accidental injury results in the amputation of an arm above
11		the elbow, compensation for an additional 15 weeks shall be
12		paid, except where the accidental injury results in the
13		amputation of an arm at the shoulder joint, or so close to
14		shoulder joint that an artificial arm cannot be used, or
15		results in the disarticulation of an arm at the shoulder
16		joint, in which case compensation for an additional 65
17		weeks shall be paid.
18		11. Foot-155 weeks.
19		12. Leg-200 weeks. Where an accidental injury results
20		in the amputation of a leg below the knee, such injury
21		shall be compensated as loss of a leg. Where an accidental
22		injury results in the amputation of a leg above the knee,
23		compensation for an additional 25 weeks shall be paid,
24		except where the accidental injury results in the
25		amputation of a leg at the hip joint, or so close to the
26		hip joint that an artificial leg cannot be used, or results
27		in the disarticulation of a leg at the hip joint, in which
28		case compensation for an additional 75 weeks shall be paid.
29		13. Eye-150 weeks. Where an accidental injury results
30		in the enucleation of an eye, compensation for an
31		additional 10 weeks shall be paid.
32		14. Loss of hearing of one ear-50 weeks; total and
33		permanent loss of hearing of both ears-200 weeks.
34		15. Testicle-50 weeks; both testicles-150 weeks.
35		16. For the permanent partial loss of use of a member
36		or sight of an eye, or hearing of an ear, compensation

1		during that proportion of the number of weeks in the
2		foregoing schedule provided for the loss of such member or
3		sight of an eye, or hearing of an ear, which the partial
4		loss of use thereof bears to the total loss of use of such
5		member, or sight of eye, or hearing of an ear.
6		(a) Loss of hearing for compensation purposes
7		shall be confined to the frequencies of 1,000, 2,000
8		and 3,000 cycles per second. Loss of hearing ability
9		for frequency tones above 3,000 cycles per second are
10		not to be considered as constituting disability for
11		hearing.
12		(b) The percent of hearing loss, for purposes of
13		the determination of compensation claims for
14		occupational deafness, shall be calculated as the
15		average in decibels for the thresholds of hearing for
16		the frequencies of 1,000, 2,000 and 3,000 cycles per
17		second. Pure tone air conduction audiometric
18		instruments, approved by nationally recognized
19		authorities in this field, shall be used for measuring
20		hearing loss. If the losses of hearing average 30
21		decibels or less in the 3 frequencies, such losses of
22		hearing shall not then constitute any compensable
23		hearing disability. If the losses of hearing average 85
24		decibels or more in the 3 frequencies, then the same
25		shall constitute and be total or 100% compensable
26		hearing loss.
27		(c) In measuring hearing impairment, the lowest
28		measured losses in each of the 3 frequencies shall be
29		added together and divided by 3 to determine the
30		average decibel loss. For every decibel of loss
31		exceeding 30 decibels an allowance of 1.82% shall be
32		made up to the maximum of 100% which is reached at 85
33		decibels.
34		(d) If a hearing loss is established to have
35		existed on July 1, 1975 by audiometric testing the
36		employer shall not be liable for the previous loss so

1		established nor shall he be liable for any loss for
2		which compensation has been paid or awarded.
3		(e) No consideration shall be given to the question
4		of whether or not the ability of an employee to
5		understand speech is improved by the use of a hearing
6		aid.
7		(f) No claim for loss of hearing due to industrial
8		noise shall be brought against an employer or allowed
9		unless the employee has been exposed for a period of
10		time sufficient to cause permanent impairment to noise
11		levels in excess of the following:
23		This subparagraph (f) shall not be applied in cases of
24		hearing loss resulting from trauma or explosion.
25		17. In computing the compensation to be paid to any
26		employee who, before the accident for which he claims
27		compensation, had before that time sustained an injury
28		resulting in the loss by amputation or partial loss by
29		amputation of any member, including hand, arm, thumb or
30		fingers, leg, foot or any toes, such loss or partial loss
31		of any such member shall be deducted from any award made
32		for the subsequent injury. For the permanent loss of use or
33		the permanent partial loss of use of any such member or the
34		partial loss of sight of an eye, for which compensation has
35		been paid, then such loss shall be taken into consideration
36		and deducted from any award for the subsequent injury.

1		18. The specific case of loss of both hands, both arms,
2		or both feet, or both legs, or both eyes, or of any two
3		thereof, or the permanent and complete loss of the use
4		thereof, constitutes total and permanent disability, to be
5		compensated according to the compensation fixed by
6		paragraph (f) of this Section. These specific cases of
7		total and permanent disability do not exclude other cases.
8		Any employee who has previously suffered the loss or
9		permanent and complete loss of the use of any of such
10		members, and in a subsequent independent accident loses
11		another or suffers the permanent and complete loss of the
12		use of any one of such members the employer for whom the
13		injured employee is working at the time of the last
14		independent accident is liable to pay compensation only for
15		the loss or permanent and complete loss of the use of the
16		member occasioned by the last independent accident.
17		19. In a case of specific loss and the subsequent death
18		of such injured employee from other causes than such injury
19		leaving a widow, widower, or dependents surviving before
20		payment or payment in full for such injury, then the amount
21		due for such injury is payable to the widow or widower and,
22		if there be no widow or widower, then to such dependents,
23		in the proportion which such dependency bears to total
24		dependency.
25		Beginning July 1, 1980, and every 6 months thereafter, the
26		Commission shall examine the Second Injury Fund and when, after
27		deducting all advances or loans made to such Fund, the amount
28		therein is $500,000 then the amount required to be paid by
29		employers pursuant to paragraph (f) of Section 7 shall be
30		reduced by one-half. When the Second Injury Fund reaches the
31		sum of $600,000 then the payments shall cease entirely.
32		However, when the Second Injury Fund has been reduced to
33		$400,000, payment of one-half of the amounts required by
34		paragraph (f) of Section 7 shall be resumed, in the manner
35		herein provided, and when the Second Injury Fund has been
36		reduced to $300,000, payment of the full amounts required by

1		paragraph (f) of Section 7 shall be resumed, in the manner
2		herein provided. The Commission shall make the changes in
3		payment effective by general order, and the changes in payment
4		become immediately effective for all cases coming before the
5		Commission thereafter either by settlement agreement or final
6		order, irrespective of the date of the accidental injury.
7		On August 1, 1996 and on February 1 and August 1 of each
8		subsequent year, the Commission shall examine the special fund
9		designated as the "Rate Adjustment Fund" and when, after
10		deducting all advances or loans made to said fund, the amount
11		therein is $4,000,000, the amount required to be paid by
12		employers pursuant to paragraph (f) of Section 7 shall be
13		reduced by one-half. When the Rate Adjustment Fund reaches the
14		sum of $5,000,000 the payment therein shall cease entirely.
15		However, when said Rate Adjustment Fund has been reduced to
16		$3,000,000 the amounts required by paragraph (f) of Section 7
17		shall be resumed in the manner herein provided.
18		(f) In case of complete disability, which renders the
19		employee wholly and permanently incapable of work, or in the
20		specific case of total and permanent disability as provided in
21		subparagraph 18 of paragraph (e) of this Section, compensation
22		shall be payable at the rate provided in subparagraph 2 of
23		paragraph (b) of this Section for life.
24		An employee entitled to benefits under paragraph (f) of
25		this Section shall also be entitled to receive from the Rate
26		Adjustment Fund provided in paragraph (f) of Section 7 of the
27		supplementary benefits provided in paragraph (g) of this
28		Section 8.
29		If any employee who receives an award under this paragraph
30		afterwards returns to work or is able to do so, and earns or is
31		able to earn as much as before the accident, payments under
32		such award shall cease. If such employee returns to work, or is
33		able to do so, and earns or is able to earn part but not as much
34		as before the accident, such award shall be modified so as to
35		conform to an award under paragraph (d) of this Section. If
36		such award is terminated or reduced under the provisions of

1		this paragraph, such employees have the right at any time
2		within 30 months after the date of such termination or
3		reduction to file petition with the Commission for the purpose
4		of determining whether any disability exists as a result of the
5		original accidental injury and the extent thereof.
6		Disability as enumerated in subdivision 18, paragraph (e)
7		of this Section is considered complete disability.
8		If an employee who had previously incurred loss or the
9		permanent and complete loss of use of one member, through the
10		loss or the permanent and complete loss of the use of one hand,
11		one arm, one foot, one leg, or one eye, incurs permanent and
12		complete disability through the loss or the permanent and
13		complete loss of the use of another member, he shall receive,
14		in addition to the compensation payable by the employer and
15		after such payments have ceased, an amount from the Second
16		Injury Fund provided for in paragraph (f) of Section 7, which,
17		together with the compensation payable from the employer in
18		whose employ he was when the last accidental injury was
19		incurred, will equal the amount payable for permanent and
20		complete disability as provided in this paragraph of this
21		Section.
22		The custodian of the Second Injury Fund provided for in
23		paragraph (f) of Section 7 shall be joined with the employer as
24		a party respondent in the application for adjustment of claim.
25		The application for adjustment of claim shall state briefly and
26		in general terms the approximate time and place and manner of
27		the loss of the first member.
28		In its award the Commission or the Arbitrator shall
29		specifically find the amount the injured employee shall be
30		weekly paid, the number of weeks compensation which shall be
31		paid by the employer, the date upon which payments begin out of
32		the Second Injury Fund provided for in paragraph (f) of Section
33		7 of this Act, the length of time the weekly payments continue,
34		the date upon which the pension payments commence and the
35		monthly amount of the payments. The Commission shall 30 days
36		after the date upon which payments out of the Second Injury

1		Fund have begun as provided in the award, and every month
2		thereafter, prepare and submit to the State Comptroller a
3		voucher for payment for all compensation accrued to that date
4		at the rate fixed by the Commission. The State Comptroller
5		shall draw a warrant to the injured employee along with a
6		receipt to be executed by the injured employee and returned to
7		the Commission. The endorsed warrant and receipt is a full and
8		complete acquittance to the Commission for the payment out of
9		the Second Injury Fund. No other appropriation or warrant is
10		necessary for payment out of the Second Injury Fund. The Second
11		Injury Fund is appropriated for the purpose of making payments
12		according to the terms of the awards.
13		As of July 1, 1980 to July 1, 1982, all claims against and
14		obligations of the Second Injury Fund shall become claims
15		against and obligations of the Rate Adjustment Fund to the
16		extent there is insufficient money in the Second Injury Fund to
17		pay such claims and obligations. In that case, all references
18		to "Second Injury Fund" in this Section shall also include the
19		Rate Adjustment Fund.
20		(g) Every award for permanent total disability entered by
21		the Commission on and after July 1, 1965 under which
22		compensation payments shall become due and payable after the
23		effective date of this amendatory Act, and every award for
24		death benefits or permanent total disability entered by the
25		Commission on and after the effective date of this amendatory
26		Act shall be subject to annual adjustments as to the amount of
27		the compensation rate therein provided. Such adjustments shall
28		first be made on July 15, 1977, and all awards made and entered
29		prior to July 1, 1975 and on July 15 of each year thereafter.
30		In all other cases such adjustment shall be made on July 15 of
31		the second year next following the date of the entry of the
32		award and shall further be made on July 15 annually thereafter.
33		If during the intervening period from the date of the entry of
34		the award, or the last periodic adjustment, there shall have
35		been an increase in the State's average weekly wage in covered
36		industries under the Unemployment Insurance Act, the weekly

1		compensation rate shall be proportionately increased by the
2		same percentage as the percentage of increase in the State's
3		average weekly wage in covered industries under the
4		Unemployment Insurance Act. The increase in the compensation
5		rate under this paragraph shall in no event bring the total
6		compensation rate to an amount greater than the prevailing
7		maximum rate. Such increase shall be paid in the same manner as
8		herein provided for payments under the Second Injury Fund to
9		the injured employee, or his dependents, as the case may be,
10		out of the Rate Adjustment Fund provided in paragraph (f) of
11		Section 7 of this Act. Payments shall be made at the same
12		intervals as provided in the award or, at the option of the
13		Commission, may be made in quarterly payment on the 15th day of
14		January, April, July and October of each year. In the event of
15		a decrease in such average weekly wage there shall be no change
16		in the then existing compensation rate. The within paragraph
17		shall not apply to cases where there is disputed liability and
18		in which a compromise lump sum settlement between the employer
19		and the injured employee, or his dependents, as the case may
20		be, has been duly approved by the Illinois Workers'
21		Compensation Industrial Commission.
22		Provided, that in cases of awards entered by the Commission
23		for injuries occurring before July 1, 1975, the increases in
24		the compensation rate adjusted under the foregoing provision of
25		this paragraph (g) shall be limited to increases in the State's
26		average weekly wage in covered industries under the
27		Unemployment Insurance Act occurring after July 1, 1975.
28		(h) In case death occurs from any cause before the total
29		compensation to which the employee would have been entitled has
30		been paid, then in case the employee leaves any widow, widower,
31		child, parent (or any grandchild, grandparent or other lineal
32		heir or any collateral heir dependent at the time of the
33		accident upon the earnings of the employee to the extent of 50%
34		or more of total dependency) such compensation shall be paid to
35		the beneficiaries of the deceased employee and distributed as
36		provided in paragraph (g) of Section 7.

1		(h-1) In case an injured employee is under legal disability
2		at the time when any right or privilege accrues to him or her
3		under this Act, a guardian may be appointed pursuant to law,
4		and may, on behalf of such person under legal disability, claim
5		and exercise any such right or privilege with the same effect
6		as if the employee himself or herself had claimed or exercised
7		the right or privilege. No limitations of time provided by this
8		Act run so long as the employee who is under legal disability
9		is without a conservator or guardian.
10		(i) In case the injured employee is under 16 years of age
11		at the time of the accident and is illegally employed, the
12		amount of compensation payable under paragraphs (b), (c), (d),
13		(e) and (f) of this Section is increased 50%.
14		However, where an employer has on file an employment
15		certificate issued pursuant to the Child Labor Law or work
16		permit issued pursuant to the Federal Fair Labor Standards Act,
17		as amended, or a birth certificate properly and duly issued,
18		such certificate, permit or birth certificate is conclusive
19		evidence as to the age of the injured minor employee for the
20		purposes of this Section.
21		Nothing herein contained repeals or amends the provisions
22		of the Child Labor Law relating to the employment of minors
23		under the age of 16 years.
24		(j) 1. In the event the injured employee receives benefits,
25		including medical, surgical or hospital benefits under any
26		group plan covering non-occupational disabilities contributed
27		to wholly or partially by the employer, which benefits should
28		not have been payable if any rights of recovery existed under
29		this Act, then such amounts so paid to the employee from any
30		such group plan as shall be consistent with, and limited to,
31		the provisions of paragraph 2 hereof, shall be credited to or
32		against any compensation payment for temporary total
33		incapacity for work or any medical, surgical or hospital
34		benefits made or to be made under this Act. In such event, the
35		period of time for giving notice of accidental injury and
36		filing application for adjustment of claim does not commence to

1		run until the termination of such payments. This paragraph does
2		not apply to payments made under any group plan which would
3		have been payable irrespective of an accidental injury under
4		this Act. Any employer receiving such credit shall keep such
5		employee safe and harmless from any and all claims or
6		liabilities that may be made against him by reason of having
7		received such payments only to the extent of such credit.
8		Any excess benefits paid to or on behalf of a State
9		employee by the State Employees' Retirement System under
10		Article 14 of the Illinois Pension Code on a death claim or
11		disputed disability claim shall be credited against any
12		payments made or to be made by the State of Illinois to or on
13		behalf of such employee under this Act, except for payments for
14		medical expenses which have already been incurred at the time
15		of the award. The State of Illinois shall directly reimburse
16		the State Employees' Retirement System to the extent of such
17		credit.
18		2. Nothing contained in this Act shall be construed to give
19		the employer or the insurance carrier the right to credit for
20		any benefits or payments received by the employee other than
21		compensation payments provided by this Act, and where the
22		employee receives payments other than compensation payments,
23		whether as full or partial salary, group insurance benefits,
24		bonuses, annuities or any other payments, the employer or
25		insurance carrier shall receive credit for each such payment
26		only to the extent of the compensation that would have been
27		payable during the period covered by such payment.
28		3. The extension of time for the filing of an Application
29		for Adjustment of Claim as provided in paragraph 1 above shall
30		not apply to those cases where the time for such filing had
31		expired prior to the date on which payments or benefits
32		enumerated herein have been initiated or resumed. Provided
33		however that this paragraph 3 shall apply only to cases wherein
34		the payments or benefits hereinabove enumerated shall be
35		received after July 1, 1969.
36		(Source: P.A. 89-470, eff. 6-13-96.)

1		(820 ILCS 305/13) (from Ch. 48, par. 138.13)
2		Sec. 13. There is created an Illinois Workers' Compensation
3		Industrial Commission consisting of 7 members to be appointed
4		by the Governor, by and with the consent of the Senate, 2 of
5		whom shall be representative citizens of the employing class
6		operating under this Act and 2 of whom shall be representative
7		citizens of the class of employees covered under this Act, and
8		3 of whom shall be representative citizens not identified with
9		either the employing or employee classes. Not more than 4
10		members of the Commission shall be of the same political party.
11		One of the 3 members not identified with either the
12		employing or employee classes shall be designated by the
13		Governor as Chairman. The Chairman shall be the chief
14		administrative and executive officer of the Commission; and he
15		or she shall have general supervisory authority over all
16		personnel of the Commission, including arbitrators and
17		Commissioners, and the final authority in all administrative
18		matters relating to the Commissioners, including but not
19		limited to the assignment and distribution of cases and
20		assignment of Commissioners to the panels, except in the
21		promulgation of procedural rules and orders under Section 16
22		and in the determination of cases under this Act.
23		Notwithstanding the general supervisory authority of the
24		Chairman, each Commissioner, except those assigned to the
25		temporary panel, shall have the authority to hire and supervise
26		2 staff attorneys each. Such staff attorneys shall report
27		directly to the individual Commissioner.
28		A formal training program for newly-appointed
29		Commissioners shall be implemented. The training program shall
30		include the following:
31		(a) substantive and procedural aspects of the office of
32		Commissioner;
33		(b) current issues in workers' compensation law and
34		practice;
35		(c) medical lectures by specialists in areas such as

1		orthopedics, ophthalmology, psychiatry, rehabilitation
2		counseling;
3		(d) orientation to each operational unit of the
4		Illinois Workers' Compensation Industrial Commission;
5		(e) observation of experienced arbitrators and
6		Commissioners conducting hearings of cases, combined with
7		the opportunity to discuss evidence presented and rulings
8		made;
9		(f) the use of hypothetical cases requiring the
10		newly-appointed Commissioner to issue judgments as a means
11		to evaluating knowledge and writing ability;
12		(g) writing skills.
13		A formal and ongoing professional development program
14		including, but not limited to, the above-noted areas shall be
15		implemented to keep Commissioners informed of recent
16		developments and issues and to assist them in maintaining and
17		enhancing their professional competence.
18		The Commissioner candidates, other than the Chairman, must
19		meet one of the following qualifications: (a) licensed to
20		practice law in the State of Illinois; or (b) served as an
21		arbitrator at the Illinois Workers' Compensation Industrial
22		Commission for at least 3 years; or (c) has at least 4 years of
23		professional labor relations experience. The Chairman
24		candidate must have public or private sector management and
25		budget experience, as determined by the Governor.
26		Each Commissioner shall devote full time to his duties and
27		any Commissioner who is an attorney-at-law shall not engage in
28		the practice of law, nor shall any Commissioner hold any other
29		office or position of profit under the United States or this
30		State or any municipal corporation or political subdivision of
31		this State, nor engage in any other business, employment, or
32		vocation.
33		The term of office of each member of the Commission holding
34		office on the effective date of this amendatory Act of 1989 is
35		abolished, but the incumbents shall continue to exercise all of
36		the powers and be subject to all of the duties of Commissioners

1		until their respective successors are appointed and qualified.
2		The Illinois Workers' Compensation Industrial Commission
3		shall administer this Act.
4		The members shall be appointed by the Governor, with the
5		advice and consent of the Senate, as follows:
6		(a) After the effective date of this amendatory Act of
7		1989, 3 members, at least one of each political party, and
8		one of whom shall be a representative citizen of the
9		employing class operating under this Act, one of whom shall
10		be a representative citizen of the class of employees
11		covered under this Act, and one of whom shall be a
12		representative citizen not identified with either the
13		employing or employee classes, shall be appointed to hold
14		office until the third Monday in January of 1993, and until
15		their successors are appointed and qualified, and 4
16		members, one of whom shall be a representative citizen of
17		the employing class operating under this Act, one of whom
18		shall be a representative citizen of the class of employees
19		covered in this Act, and two of whom shall be
20		representative citizens not identified with either the
21		employing or employee classes, one of whom shall be
22		designated by the Governor as Chairman (at least one of
23		each of the two major political parties) shall be appointed
24		to hold office until the third Monday of January in 1991,
25		and until their successors are appointed and qualified.
26		(a-5) Notwithstanding any other provision of this
27		Section, the term of each member of the Commission who was
28		appointed by the Governor and is in office on June 30, 2003
29		shall terminate at the close of business on that date or
30		when all of the successor members to be appointed pursuant
31		to this amendatory Act of the 93rd General Assembly have
32		been appointed by the Governor, whichever occurs later. As
33		soon as possible, the Governor shall appoint persons to
34		fill the vacancies created by this amendatory Act. Of the
35		initial commissioners appointed pursuant to this
36		amendatory Act of the 93rd General Assembly, 3 shall be

1		appointed for terms ending on the third Monday in January,
2		2005, and 4 shall be appointed for terms ending on the
3		third Monday in January, 2007.
4		(b) Members shall thereafter be appointed to hold
5		office for terms of 4 years from the third Monday in
6		January of the year of their appointment, and until their
7		successors are appointed and qualified. All such
8		appointments shall be made so that the composition of the
9		Commission is in accordance with the provisions of the
10		first paragraph of this Section.
11		The Chairman shall receive an annual salary of $42,500, or
12		a salary set by the Compensation Review Board, whichever is
13		greater, and each other member shall receive an annual salary
14		of $38,000, or a salary set by the Compensation Review Board,
15		whichever is greater.
16		In case of a vacancy in the office of a Commissioner during
17		the recess of the Senate, the Governor shall make a temporary
18		appointment until the next meeting of the Senate, when he shall
19		nominate some person to fill such office. Any person so
20		nominated who is confirmed by the Senate shall hold office
21		during the remainder of the term and until his successor is
22		appointed and qualified.
23		The Illinois Workers' Compensation Industrial Commission
24		created by this amendatory Act of 1989 shall succeed to all the
25		rights, powers, duties, obligations, records and other
26		property and employees of the Industrial Commission which it
27		replaces as modified by this amendatory Act of 1989 and all
28		applications and reports to actions and proceedings of such
29		prior Industrial Commission shall be considered as
30		applications and reports to actions and proceedings of the
31		Illinois Workers' Compensation Industrial Commission created
32		by this amendatory Act of 1989.
33		Notwithstanding any other provision of this Act, in the
34		event the Chairman shall make a finding that a member is or
35		will be unavailable to fulfill the responsibilities of his or
36		her office, the Chairman shall advise the Governor and the

1		member in writing and shall designate a certified arbitrator to
2		serve as acting Commissioner. The certified arbitrator shall
3		act as a Commissioner until the member resumes the duties of
4		his or her office or until a new member is appointed by the
5		Governor, by and with the consent of the Senate, if a vacancy
6		occurs in the office of the Commissioner, but in no event shall
7		a certified arbitrator serve in the capacity of Commissioner
8		for more than 6 months from the date of appointment by the
9		Chairman. A finding by the Chairman that a member is or will be
10		unavailable to fulfill the responsibilities of his or her
11		office shall be based upon notice to the Chairman by a member
12		that he or she will be unavailable or facts and circumstances
13		made known to the Chairman which lead him to reasonably find
14		that a member is unavailable to fulfill the responsibilities of
15		his or her office. The designation of a certified arbitrator to
16		act as a Commissioner shall be considered representative of
17		citizens not identified with either the employing or employee
18		classes and the arbitrator shall serve regardless of his or her
19		political affiliation. A certified arbitrator who serves as an
20		acting Commissioner shall have all the rights and powers of a
21		Commissioner, including salary.
22		Notwithstanding any other provision of this Act, the
23		Governor shall appoint a special panel of Commissioners
24		comprised of 3 members who shall be chosen by the Governor, by
25		and with the consent of the Senate, from among the current
26		ranks of certified arbitrators. Three members shall hold office
27		until the Commission in consultation with the Governor
28		determines that the caseload on review has been reduced
29		sufficiently to allow cases to proceed in a timely manner or
30		for a term of 18 months from the effective date of their
31		appointment by the Governor, whichever shall be earlier. The 3
32		members shall be considered representative of citizens not
33		identified with either the employing or employee classes and
34		shall serve regardless of political affiliation. Each of the 3
35		members shall have only such rights and powers of a
36		Commissioner necessary to dispose of those cases assigned to

1		the special panel. Each of the 3 members appointed to the
2		special panel shall receive the same salary as other
3		Commissioners for the duration of the panel.
4		The Commission may have an Executive Director; if so, the
5		Executive Director shall be appointed by the Governor with the
6		advice and consent of the Senate. The salary and duties of the
7		Executive Director shall be fixed by the Commission.
8		On the effective date of this amendatory Act of the 93rd
9		General Assembly, the name of the Industrial Commission is
10		changed to the Illinois Workers' Compensation Commission.
11		References in any law, appropriation, rule, form, or other
12		document: (i) to the Industrial Commission are deemed, in
13		appropriate contexts, to be references to the Illinois Workers'
14		Compensation Commission for all purposes; (ii) to the
15		Industrial Commission Operations Fund are deemed, in
16		appropriate contexts, to be references to the Illinois Workers'
17		Compensation Commission Operations Fund for all purposes;
18		(iii) to the Industrial Commission Operations Fund Fee are
19		deemed, in appropriate contexts, to be references to the
20		Illinois Workers' Compensation Commission Operations Fund Fee
21		for all purposes; and (iv) to the Industrial Commission
22		Operations Fund Surcharge are deemed, in appropriate contexts,
23		to be references to the Illinois Workers' Compensation
24		Commission Operations Fund Surcharge for all purposes.
25		(Source: P.A. 93-509, eff. 8-11-03.)
26		(820 ILCS 305/14) (from Ch. 48, par. 138.14)
27		Sec. 14. The Commission shall appoint a secretary, an
28		assistant secretary, and arbitrators and shall employ such
29		assistants and clerical help as may be necessary.
30		Each arbitrator appointed after November 22, 1977 shall be
31		required to demonstrate in writing and in accordance with the
32		rules and regulations of the Illinois Department of Central
33		Management Services his or her knowledge of and expertise in
34		the law of and judicial processes of the Workers' Compensation
35		Act and the Occupational Diseases Act.

1		A formal training program for newly-hired arbitrators
2		shall be implemented. The training program shall include the
3		following:
4		(a) substantive and procedural aspects of the arbitrator
5		position;
6		(b) current issues in workers' compensation law and
7		practice;
8		(c) medical lectures by specialists in areas such as
9		orthopedics, ophthalmology, psychiatry, rehabilitation
10		counseling;
11		(d) orientation to each operational unit of the Illinois
12		Workers' Compensation Industrial Commission;
13		(e) observation of experienced arbitrators conducting
14		hearings of cases, combined with the opportunity to discuss
15		evidence presented and rulings made;
16		(f) the use of hypothetical cases requiring the trainee to
17		issue judgments as a means to evaluating knowledge and writing
18		ability;
19		(g) writing skills.
20		A formal and ongoing professional development program
21		including, but not limited to, the above-noted areas shall be
22		implemented to keep arbitrators informed of recent
23		developments and issues and to assist them in maintaining and
24		enhancing their professional competence.
25		Each arbitrator shall devote full time to his or her duties
26		and shall serve when assigned as an acting Commissioner when a
27		Commissioner is unavailable in accordance with the provisions
28		of Section 13 of this Act. Any arbitrator who is an
29		attorney-at-law shall not engage in the practice of law, nor
30		shall any arbitrator hold any other office or position of
31		profit under the United States or this State or any municipal
32		corporation or political subdivision of this State.
33		Notwithstanding any other provision of this Act to the
34		contrary, an arbitrator who serves as an acting Commissioner in
35		accordance with the provisions of Section 13 of this Act shall
36		continue to serve in the capacity of Commissioner until a

1		decision is reached in every case heard by that arbitrator
2		while serving as an acting Commissioner.
3		Each arbitrator appointed after the effective date of this
4		amendatory Act of 1989 shall be appointed for a term of 6
5		years. Each arbitrator shall be appointed for a subsequent term
6		unless the Chairman makes a recommendation to the Commission,
7		no later than 60 days prior to the expiration of the term, not
8		to reappoint the arbitrator. Notice of such a recommendation
9		shall also be given to the arbitrator no later than 60 days
10		prior to the expiration of the term. Upon such recommendation
11		by the Chairman, the arbitrator shall be appointed for a
12		subsequent term unless 5 of 7 members of the Commission,
13		including the Chairman, vote not to reappoint the arbitrator.
14		All arbitrators shall be subject to the provisions of the
15		Personnel Code, and the performance of all arbitrators shall be
16		reviewed by the Chairman on an annual basis. The Chairman shall
17		allow input from the Commissioners in all such reviews.
18		The Secretary and each arbitrator shall receive a per annum
19		salary of $4,000 less than the per annum salary of members of
20		The Illinois Workers' Compensation Industrial Commission as
21		provided in Section 13 of this Act, payable in equal monthly
22		installments.
23		The members of the Commission, Arbitrators and other
24		employees whose duties require them to travel, shall have
25		reimbursed to them their actual traveling expenses and
26		disbursements made or incurred by them in the discharge of
27		their official duties while away from their place of residence
28		in the performance of their duties.
29		The Commission shall provide itself with a seal for the
30		authentication of its orders, awards and proceedings upon which
31		shall be inscribed the name of the Commission and the words
32		"Illinois--Seal".
33		The Secretary or Assistant Secretary, under the direction
34		of the Commission, shall have charge and custody of the seal of
35		the Commission and also have charge and custody of all records,
36		files, orders, proceedings, decisions, awards and other

1		documents on file with the Commission. He shall furnish
2		certified copies, under the seal of the Commission, of any such
3		records, files, orders, proceedings, decisions, awards and
4		other documents on file with the Commission as may be required.
5		Certified copies so furnished by the Secretary or Assistant
6		Secretary shall be received in evidence before the Commission
7		or any Arbitrator thereof, and in all courts, provided that the
8		original of such certified copy is otherwise competent and
9		admissible in evidence. The Secretary or Assistant Secretary
10		shall perform such other duties as may be prescribed from time
11		to time by the Commission.
12		(Source: P.A. 86-998.)
13		(820 ILCS 305/14.1) (from Ch. 48, par. 138.14-1)
14		Sec. 14.1. There is created a Commission Review Board
15		consisting of the Chairman of the Illinois Workers'
16		Compensation Industrial Commission, the Commissioner with the
17		most seniority who is a representative citizen of the class of
18		employees covered under this Act, the Commissioner with the
19		most seniority who is a representative citizen of the employing
20		class operating under this Act, two Arbitrators, one assigned
21		to hear cases filed in counties with a population of 3,000,000
22		or more and one assigned to hear cases in any other county,
23		both selected by a vote of a majority of the appointed
24		Arbitrators pursuant to an election conducted by the Chairman,
25		and 2 members designated by the Governor who are not
26		commissioners, Arbitrators or employees of the Illinois
27		Workers' Compensation Industrial Commission. Members of the
28		Board shall serve without compensation, but shall be reimbursed
29		for actual expenses incurred. All appointments for the initial
30		terms shall be made and elections concluded by October 1, 1984,
31		with each initial term commencing on October 1, 1984 and
32		extending through February 28, 1987, until the office holder's
33		successor is appointed or elected and qualified. Thereafter
34		each term shall commence on March 1 of each odd-numbered year
35		and extend through March 1 of the next succeeding odd-numbered

1		year, until the office holder's successor is appointed or
2		elected and qualified. The Governor shall certify his
3		appointments, and the Chairman shall certify the results of the
4		elections by the Arbitrators, to the Secretary of the Illinois
5		Workers' Compensation Industrial Commission. A vacancy in the
6		office of a member of the Commission Review Board shall be
7		filled for the remainder of the vacating member's term in the
8		same manner as that in which the member was appointed or
9		elected.
10		The Chairman of the Illinois Workers' Compensation
11		Industrial Commission shall serve as the Chairman of the
12		Commission Review Board. It shall be the duty of the Chairman
13		to compile, audit, and retain complaints registered against
14		Commissioners and Arbitrators. The Chairman shall immediately
15		advise a Commissioner or Arbitrator in writing of the nature of
16		any and all complaints filed against him, preserving the
17		identity of the complainant.
18		At a proceeding before the Commission Review Board, it
19		shall then become the duty of any complainant to testify
20		regarding his or her previously filed complaint, or said
21		complaint shall be considered null and void.
22		The Commission Review Board shall advise any Commissioner
23		or Arbitrator in writing of necessary remedial action to
24		correct any deficiency and shall afford said individual the
25		opportunity to report or respond to a complaint within a
26		prescribed period of time.
27		In matters of serious concern to the State, the Commission
28		Review Board may recommend that the Governor: 1) dismiss any
29		Arbitrator who is found unfit to serve; or 2) not reappoint a
30		Commissioner who it finds unfit to serve. This action shall
31		require a record vote of at least 5 members of the Board. The
32		Governor, in his discretion, may act on the recommendation of
33		the Commission Review Board.
34		(Source: P.A. 83-1125.)
35		(820 ILCS 305/16a) (from Ch. 48, par. 138.16a)

1		Sec. 16a. (A) In the establishment or approval of
2		attorney's fees in relation to claims brought under this Act,
3		the Commission shall be guided by the provisions of this
4		Section and by the legislative intent, hereby declared, to
5		encourage settlement and prompt administrative handling of
6		such claims and thereby reduce expenses to claimants for
7		compensation under this Act.
8		(B) With respect to any and all proceedings in connection
9		with any initial or original claim under this Act, no claim of
10		any attorney for services rendered in connection with the
11		securing of compensation for an employee or his dependents,
12		whether secured by agreement, order, award or a judgment in any
13		court shall exceed 20% of the amount of compensation recovered
14		and paid, unless further fees shall be allowed to the attorney
15		upon a hearing by the Commission fixing fees, and subject to
16		the other provisions of this Section. However, except as
17		hereinafter provided in this Section, in death cases, total
18		disability cases and partial disability cases, the amount of an
19		attorney's fees shall not exceed 20% of the sum which would be
20		due under this Act for 364 weeks of permanent total disability
21		based upon the employee's average gross weekly wage prior to
22		the date of the accident and subject to the maximum weekly
23		benefits provided in this Act unless further fees shall be
24		allowed to the attorney upon a hearing by the Commission fixing
25		fees.
26		(C) All attorneys' fees in connection with the initial or
27		original claim for compensation shall be fixed pursuant to a
28		written contract on forms prescribed by the Commission between
29		the attorney and the employee or his dependents, and every
30		attorney, whether the disposition of the original claim is by
31		agreement, settlement, award, judgment or otherwise, shall
32		file his contract with the Chairman of the Commission who shall
33		approve the contract only if it is in accordance with all
34		provisions of this Section.
35		(D) No attorneys' fees shall be charged with respect to
36		compensation for undisputed medical expenses.

1		(E) No attorneys' fees shall be charged in connection with
2		any temporary total disability compensation unless the payment
3		of such compensation in a timely manner or in the proper amount
4		is refused, or unless such compensation is terminated by the
5		employer and the payment of such compensation is obtained or
6		reinstated by the efforts of the attorney, whether by
7		agreement, settlement, award or judgment.
8		(F) In the following cases in which there is no dispute
9		between the parties as to the liability of the respondent to
10		pay compensation in a timely manner or in the proper amount and
11		there is no dispute that the accident has resulted in:
12		(1) the death of the employee; or
13		(2) a statutory permanent disability; or
14		(3) the amputation of a finger, toe, or member; or
15		(4) the removal of a testicle; or
16		(5) the enucleation of or 100% loss of vision of an eye;
17		the legal fees, if any, for services rendered are to be fixed
18		by the Illinois Workers' Compensation Industrial Commission at
19		a nominal amount, not exceeding $100.
20		(G) In the following cases in which there is no dispute
21		between the parties as to the liability of the respondent to
22		pay compensation and there is no dispute that the accident has
23		resulted in:
24		(1) a fracture of one or more vertebrae; or
25		(2) a skull fracture; or
26		(3) a fracture of one or more spinous or transverse
27		processes; or
28		(4) a fracture of one or more facial bones; or
29		(5) the removal of a kidney, spleen or lung;
30		the legal fees, if any, for services rendered are to be fixed
31		by the Illinois Workers' Compensation Industrial Commission at
32		a nominal amount, not exceeding $100, provided that the
33		employee is awarded the minimum amount for the above injuries
34		as specified in Section 8(d)2.
35		(H) With regard to any claim where the amount to be paid
36		for compensation does not exceed the written offer made to the

1		claimant or claimants by the employer or his agent prior to
2		representation by an attorney, no fees shall be paid to any
3		such attorney.
4		(I) All attorneys' fees for representation of an employee
5		or his dependents shall be only recoverable from compensation
6		actually paid to such employee or dependents.
7		(J) Any and all disputes regarding attorneys' fees, whether
8		such disputes relate to which one or more attorneys represents
9		the claimant or claimants or is entitled to the attorneys'
10		fees, or a division of attorneys' fees where the claimant or
11		claimants are or have been represented by more than one
12		attorney, or any other disputes concerning attorneys' fees or
13		contracts for attorneys' fees, shall be heard and determined by
14		the Commission after reasonable notice to all interested
15		parties and attorneys.
16		(K) After reasonable notice and hearing before the
17		Commission, any attorney found to be in violation of any
18		provision of this Section shall be required to make restitution
19		of any excess fees charged plus interest at a reasonable rate
20		as determined by the Commission.
21		(Source: P.A. 84-1438.)
22		(820 ILCS 305/17) (from Ch. 48, par. 138.17)
23		Sec. 17. The Commission shall cause to be printed and
24		furnish free of charge upon request by any employer or employee
25		such blank forms as may facilitate or promote efficient
26		administration and the performance of the duties of the
27		Commission. It shall provide a proper record in which shall be
28		entered and indexed the name of any employer who shall file a
29		notice of declination or withdrawal under this Act, and the
30		date of the filing thereof; and a proper record in which shall
31		be entered and indexed the name of any employee who shall file
32		such notice of declination or withdrawal, and the date of the
33		filing thereof; and such other notices as may be required by
34		this Act; and records in which shall be recorded all
35		proceedings, orders and awards had or made by the Commission or

1		by the arbitration committees, and such other books or records
2		as it shall deem necessary, all such records to be kept in the
3		office of the Commission.
4		The Commission may destroy all papers and documents which
5		have been on file for more than 5 years where there is no claim
6		for compensation pending or where more than 2 years have
7		elapsed since the termination of the compensation period.
8		The Commission shall compile and distribute to interested
9		persons aggregate statistics, taken from any records and
10		reports in the possession of the Commission. The aggregate
11		statistics shall not give the names or otherwise identify
12		persons sustaining injuries or disabilities or the employer of
13		any injured or disabled person.
14		The Commission is authorized to establish reasonable fees
15		and methods of payment limited to covering only the costs to
16		the Commission for processing, maintaining and generating
17		records or data necessary for the computerized production of
18		documents, records and other materials except to the extent of
19		any salaries or compensation of Commission officers or
20		employees.
21		All fees collected by the Commission under this Section
22		shall be deposited in the Statistical Services Revolving Fund
23		and credited to the account of the Illinois Workers'
24		Compensation Industrial Commission.
25		(Source: P.A. 83-489.)
26		(820 ILCS 305/19) (from Ch. 48, par. 138.19)
27		Sec. 19. Any disputed questions of law or fact shall be
28		determined as herein provided.
29		(a) It shall be the duty of the Commission upon
30		notification that the parties have failed to reach an
31		agreement, to designate an Arbitrator.
32		1. Whenever any claimant misconceives his remedy and
33		files an application for adjustment of claim under this Act
34		and it is subsequently discovered, at any time before final
35		disposition of such cause, that the claim for disability or

1		death which was the basis for such application should
2		properly have been made under the Workers' Occupational
3		Diseases Act, then the provisions of Section 19, paragraph
4		(a-1) of the Workers' Occupational Diseases Act having
5		reference to such application shall apply.
6		2. Whenever any claimant misconceives his remedy and
7		files an application for adjustment of claim under the
8		Workers' Occupational Diseases Act and it is subsequently
9		discovered, at any time before final disposition of such
10		cause that the claim for injury or death which was the
11		basis for such application should properly have been made
12		under this Act, then the application so filed under the
13		Workers' Occupational Diseases Act may be amended in form,
14		substance or both to assert claim for such disability or
15		death under this Act and it shall be deemed to have been so
16		filed as amended on the date of the original filing
17		thereof, and such compensation may be awarded as is
18		warranted by the whole evidence pursuant to this Act. When
19		such amendment is submitted, further or additional
20		evidence may be heard by the Arbitrator or Commission when
21		deemed necessary. Nothing in this Section contained shall
22		be construed to be or permit a waiver of any provisions of
23		this Act with reference to notice but notice if given shall
24		be deemed to be a notice under the provisions of this Act
25		if given within the time required herein.
26		(b) The Arbitrator shall make such inquiries and
27		investigations as he or they shall deem necessary and may
28		examine and inspect all books, papers, records, places, or
29		premises relating to the questions in dispute and hear such
30		proper evidence as the parties may submit.
31		The hearings before the Arbitrator shall be held in the
32		vicinity where the injury occurred after 10 days' notice of the
33		time and place of such hearing shall have been given to each of
34		the parties or their attorneys of record.
35		The Arbitrator may find that the disabling condition is
36		temporary and has not yet reached a permanent condition and may

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

1		(b-1) If the employee is not receiving medical, surgical or
2		hospital services as provided in paragraph (a) of Section 8 or
3		compensation as provided in paragraph (b) of Section 8, the
4		employee, in accordance with Commission Rules, may file a
5		petition for an emergency hearing by an Arbitrator on the issue
6		of whether or not he is entitled to receive payment of such
7		compensation or services as provided therein. Such petition
8		shall have priority over all other petitions and shall be heard
9		by the Arbitrator and Commission with all convenient speed.
10		Such petition shall contain the following information and
11		shall be served on the employer at least 15 days before it is
12		filed:
13		(i) the date and approximate time of accident;
14		(ii) the approximate location of the accident;
15		(iii) a description of the accident;
16		(iv) the nature of the injury incurred by the employee;
17		(v) the identity of the person, if known, to whom the
18		accident was reported and the date on which it was
19		reported;
20		(vi) the name and title of the person, if known,
21		representing the employer with whom the employee conferred
22		in any effort to obtain compensation pursuant to paragraph
23		(b) of Section 8 of this Act or medical, surgical or
24		hospital services pursuant to paragraph (a) of Section 8 of
25		this Act and the date of such conference;
26		(vii) a statement that the employer has refused to pay
27		compensation pursuant to paragraph (b) of Section 8 of this
28		Act or for medical, surgical or hospital services pursuant
29		to paragraph (a) of Section 8 of this Act;
30		(viii) the name and address, if known, of each witness
31		to the accident and of each other person upon whom the
32		employee will rely to support his allegations;
33		(ix) the dates of treatment related to the accident by
34		medical practitioners, and the names and addresses of such
35		practitioners, including the dates of treatment related to
36		the accident at any hospitals and the names and addresses

1		of such hospitals, and a signed authorization permitting
2		the employer to examine all medical records of all
3		practitioners and hospitals named pursuant to this
4		paragraph;
5		(x) a copy of a signed report by a medical
6		practitioner, relating to the employee's current inability
7		to return to work because of the injuries incurred as a
8		result of the accident or such other documents or
9		affidavits which show that the employee is entitled to
10		receive compensation pursuant to paragraph (b) of Section 8
11		of this Act or medical, surgical or hospital services
12		pursuant to paragraph (a) of Section 8 of this Act. Such
13		reports, documents or affidavits shall state, if possible,
14		the history of the accident given by the employee, and
15		describe the injury and medical diagnosis, the medical
16		services for such injury which the employee has received
17		and is receiving, the physical activities which the
18		employee cannot currently perform as a result of any
19		impairment or disability due to such injury, and the
20		prognosis for recovery;
21		(xi) complete copies of any reports, records,
22		documents and affidavits in the possession of the employee
23		on which the employee will rely to support his allegations,
24		provided that the employer shall pay the reasonable cost of
25		reproduction thereof;
26		(xii) a list of any reports, records, documents and
27		affidavits which the employee has demanded by subpoena and
28		on which he intends to rely to support his allegations;
29		(xiii) a certification signed by the employee or his
30		representative that the employer has received the petition
31		with the required information 15 days before filing.
32		Fifteen days after receipt by the employer of the petition
33		with the required information the employee may file said
34		petition and required information and shall serve notice of the
35		filing upon the employer. The employer may file a motion
36		addressed to the sufficiency of the petition. If an objection

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

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

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

1		Arbitrator and all questions of law or fact which appear from
2		the statement of facts or transcript of evidence.
3		In all cases in which the hearing before the arbitrator is
4		held after December 18, 1989, no additional evidence shall be
5		introduced by the parties before the Commission on review of
6		the decision of the Arbitrator. In reviewing decisions of an
7		arbitrator the Commission shall award such temporary
8		compensation, permanent compensation and other payments as are
9		due under this Act. The Commission shall file in its office its
10		decision thereon, and shall immediately send to each party or
11		his attorney a copy of such decision and a notification of the
12		time when it was filed. Decisions shall be filed within 60 days
13		after the Statement of Exceptions and Supporting Brief and
14		Response thereto are required to be filed or oral argument
15		whichever is later.
16		In the event either party requests oral argument, such
17		argument shall be had before a panel of 3 members of the
18		Commission (or before all available members pursuant to the
19		determination of 5 members of the Commission that such argument
20		be held before all available members of the Commission)
21		pursuant to the rules and regulations of the Commission. A
22		panel of 3 members, which shall be comprised of not more than
23		one representative citizen of the employing class and not more
24		than one representative citizen of the employee class, shall
25		hear the argument; provided that if all the issues in dispute
26		are solely the nature and extent of the permanent partial
27		disability, if any, a majority of the panel may deny the
28		request for such argument and such argument shall not be held;
29		and provided further that 5 members of the Commission may
30		determine that the argument be held before all available
31		members of the Commission. A decision of the Commission shall
32		be approved by a majority of Commissioners present at such
33		hearing if any; provided, if no such hearing is held, a
34		decision of the Commission shall be approved by a majority of a
35		panel of 3 members of the Commission as described in this
36		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
35		provided for in paragraphs (b) and (c) shall be the record of
36		the proceedings of the Commission, and shall be subject to

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

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

1		record and the clerk of the court shall make certificate
2		that he has so sent said notices in pursuance of this
3		Section, which shall be evidence of service on the
4		Commission and other parties in interest.
5		The Commission shall not be required to certify the
6		record of their proceedings to the Circuit Court, unless
7		the party commencing the proceedings for review in the
8		Circuit Court as above provided, shall pay to the
9		Commission the sum of 80¢ per page of testimony taken
10		before the Commission, and 35¢ per page of all other
11		matters contained in such record, except as otherwise
12		provided by Section 20 of this Act. Payment for photostatic
13		copies of exhibit shall be extra. It shall be the duty of
14		the Commission upon such payment, or failure to pay as
15		permitted under Section 20 of this Act, to prepare a true
16		and correct typewritten copy of such testimony and a true
17		and correct copy of all other matters contained in such
18		record and certified to by the Secretary or Assistant
19		Secretary thereof.
20		In its decision on review the Commission shall
21		determine in each particular case the amount of the
22		probable cost of the record to be filed as a part of the
23		summons in that case and no request for a summons may be
24		filed and no summons shall issue unless the party seeking
25		to review the decision of the Commission shall exhibit to
26		the clerk of the Circuit Court proof of payment by filing a
27		receipt showing payment or an affidavit of the attorney
28		setting forth that payment has been made of the sums so
29		determined to the Secretary or Assistant Secretary of the
30		Commission, except as otherwise provided by Section 20 of
31		this Act.
32		(2) No such summons shall issue unless the one against
33		whom the Commission shall have rendered an award for the
34		payment of money shall upon the filing of his written
35		request for such summons file with the clerk of the court a
36		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 courts. 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 against whom the Commission shall have
11		rendered an award for the payment of money shall not be
12		required to file a bond to secure the payment of the award
13		and the costs of the proceedings in the court to authorize
14		the court to issue such summons.
15		The court may confirm or set aside the decision of the
16		Commission. If the decision is set aside and the facts
17		found in the proceedings before the Commission are
18		sufficient, the court may enter such decision as is
19		justified by law, or may remand the cause to the Commission
20		for further proceedings and may state the questions
21		requiring further hearing, and give such other
22		instructions as may be proper. Appeals shall be taken to
23		the Industrial Commission Division of the Appellate Court
24		in accordance with Supreme Court Rules 22(g) and 303.
25		Appeals shall be taken from the Industrial Commission
26		Division of the Appellate Court to the Supreme Court in
27		accordance with Supreme Court Rule 315.
28		It shall be the duty of the clerk of any court
29		rendering a decision affecting or affirming an award of the
30		Commission to promptly furnish the Commission with a copy
31		of such decision, without charge.
32		The decision of a majority of the members of the panel
33		of the Commission, shall be considered the decision of the
34		Commission.
35		(g) Except in the case of a claim against the State of
36		Illinois, either party may present a certified copy of the

1		award of the Arbitrator, or a certified copy of the decision of
2		the Commission when the same has become final, when no
3		proceedings for review are pending, providing for the payment
4		of compensation according to this Act, to the Circuit Court of
5		the county in which such accident occurred or either of the
6		parties are residents, whereupon the court shall enter a
7		judgment in accordance therewith. In a case where the employer
8		refuses to pay compensation according to such final award or
9		such final decision upon which such judgment is entered the
10		court shall in entering judgment thereon, tax as costs against
11		him the reasonable costs and attorney fees in the arbitration
12		proceedings and in the court entering the judgment for the
13		person in whose favor the judgment is entered, which judgment
14		and costs taxed as therein provided shall, until and unless set
15		aside, have the same effect as though duly entered in an action
16		duly tried and determined by the court, and shall with like
17		effect, be entered and docketed. The Circuit Court shall have
18		power at any time upon application to make any such judgment
19		conform to any modification required by any subsequent decision
20		of the Supreme Court upon appeal, or as the result of any
21		subsequent proceedings for review, as provided in this Act.
22		Judgment shall not be entered until 15 days' notice of the
23		time and place of the application for the entry of judgment
24		shall be served upon the employer by filing such notice with
25		the Commission, which Commission shall, in case it has on file
26		the address of the employer or the name and address of its
27		agent upon whom notices may be served, immediately send a copy
28		of the notice to the employer or such designated agent.
29		(h) An agreement or award under this Act providing for
30		compensation in installments, may at any time within 18 months
31		after such agreement or award be reviewed by the Commission at
32		the request of either the employer or the employee, on the
33		ground that the disability of the employee has subsequently
34		recurred, increased, diminished or ended.
35		However, as to accidents occurring subsequent to July 1,
36		1955, which are covered by any agreement or award under this

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

1		employee dies, then in any subsequent proceedings brought by
2		the personal representative or beneficiaries of the deceased
3		employee, such testimony in the former proceeding may be
4		introduced with the same force and effect as though the witness
5		having so testified were present in person in such subsequent
6		proceedings and such final decision, if any, shall be taken as
7		final adjudication of any of the issues which are the same in
8		both proceedings.
9		(k) In case where there has been any unreasonable or
10		vexatious delay of payment or intentional underpayment of
11		compensation, or proceedings have been instituted or carried on
12		by the one liable to pay the compensation, which do not present
13		a real controversy, but are merely frivolous or for delay, then
14		the Commission may award compensation additional to that
15		otherwise payable under this Act equal to 50% of the amount
16		payable at the time of such award. Failure to pay compensation
17		in accordance with the provisions of Section 8, paragraph (b)
18		of this Act, shall be considered unreasonable delay.
19		(l) In case the employer or his insurance carrier shall
20		without good and just cause fail, neglect, refuse or
21		unreasonably delay the payment of weekly compensation benefits
22		due to an injured employee during the period of temporary total
23		disability the arbitrator or the Commission shall allow to the
24		employee additional compensation in the sum of $10 per day for
25		each day that a weekly compensation payment has been so
26		withheld or refused, provided that such additional
27		compensation shall not exceed the sum of $2,500. A delay in
28		payment of 14 days or more shall create a rebuttable
29		presumption of unreasonable delay.
30		(m) If the commission finds that an accidental injury was
31		directly and proximately caused by the employer's wilful
32		violation of a health and safety standard under the Health and
33		Safety Act in force at the time of the accident, the arbitrator
34		or the Commission shall allow to the injured employee or his
35		dependents, as the case may be, additional compensation equal
36		to 25% of the amount which otherwise would be payable under the

1		provisions of this Act exclusive of this paragraph. The
2		additional compensation herein provided shall be allowed by an
3		appropriate increase in the applicable weekly compensation
4		rate.
5		(n) After June 30, 1984, decisions of the Illinois Workers'
6		Compensation Industrial Commission reviewing an award of an
7		arbitrator of the Commission shall draw interest at a rate
8		equal to the yield on indebtedness issued by the United States
9		Government with a 26-week maturity next previously auctioned on
10		the day on which the decision is filed. Said rate of interest
11		shall be set forth in the Arbitrator's Decision. Interest shall
12		be drawn from the date of the arbitrator's award on all accrued
13		compensation due the employee through the day prior to the date
14		of payments. However, when an employee appeals an award of an
15		Arbitrator or the Commission, and the appeal results in no
16		change or a decrease in the award, interest shall not further
17		accrue from the date of such appeal.
18		The employer or his insurance carrier may tender the
19		payments due under the award to stop the further accrual of
20		interest on such award notwithstanding the prosecution by
21		either party of review, certiorari, appeal to the Supreme Court
22		or other steps to reverse, vacate or modify the award.
23		(o) By the 15th day of each month each insurer providing
24		coverage for losses under this Act shall notify each insured
25		employer of any compensable claim incurred during the preceding
26		month and the amounts paid or reserved on the claim including a
27		summary of the claim and a brief statement of the reasons for
28		compensability. A cumulative report of all claims incurred
29		during a calendar year or continued from the previous year
30		shall be furnished to the insured employer by the insurer
31		within 30 days after the end of that calendar year.
32		The insured employer may challenge, in proceeding before
33		the Commission, payments made by the insurer without
34		arbitration and payments made after a case is determined to be
35		noncompensable. If the Commission finds that the case was not
36		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)
35		shall be considered the decision of the Commission and
36		proceedings for review of questions of law arising from the

1		decision may be commenced by either party pursuant to
2		subsection (f) of Section 19. The Advisory Board established
3		under Section 13.1 shall compile a list of certified Commission
4		arbitrators, each of whom shall be approved by at least 7
5		members of the Advisory Board. The chairman shall select 5
6		persons from such list to serve as arbitrators under this
7		subsection (p). By agreement, the parties shall select one
8		arbitrator from among the 5 persons selected by the chairman
9		except that if the parties do not agree on an arbitrator from
10		among the 5 persons, the parties may, by agreement, select an
11		arbitrator of the American Arbitration Association, whose fee
12		shall be paid by the State in accordance with rules promulgated
13		by the Commission. Arbitration under this subsection (p) shall
14		be voluntary.
15		(Source: P.A. 86-998; 87-435; 87-799.)
16		(820 ILCS 305/23) (from Ch. 48, par. 138.23)
17		Sec. 23. No employee, personal representative, or
18		beneficiary shall have power to waive any of the provisions of
19		this Act in regard to the amount of compensation which may be
20		payable to such employee, personal representative or
21		beneficiary hereunder except after approval by the Commission
22		and any employer, individually or by his agent, service company
23		or insurance carrier who shall enter into any payment
24		purporting to compromise or settle the compensation rights of
25		an employee, personal representative or beneficiary without
26		first obtaining the approval of the Illinois Workers'
27		Compensation Industrial Commission as aforesaid shall be
28		barred from raising the defense of limitation in any
29		proceedings subsequently brought by such employee, personal
30		representative or beneficiary.
31		A minor death beneficiary, by parent or grandparent as next
32		friend, may compromise disputes and may enter into and submit a
33		settlement contract or lump sum petition, and upon approval by
34		the Commission such settlement contract or lump sum order shall
35		have the same force and effect as though such minor had been an

1		adult.
2		(Source: P.A. 79-79.)
3		(820 ILCS 305/26) (from Ch. 48, par. 138.26)
4		Sec. 26. Any wilful neglect, refusal or failure to do the
5		things required to be done by any section, clause or provision
6		of this Act, on the part of the persons herein required to do
7		them, or any violation of any of the provisions or requirements
8		hereof, or any attempt to obstruct or interfere with any court
9		officer, or any other person charged with the duty of
10		administering or enforcing this Act, is a petty offense.
11		The Attorney General and the State's Attorney of each
12		county, upon the request of the Illinois Workers' Compensation
13		Industrial Commission, shall enforce any penalties set forth in
14		this Act.
15		(Source: P. A. 78-255.)

16		Section 75. The Workers' Occupational Diseases Act is
17		amended by changing Sections 1, 2, 3, 4, 6, 13, 17, 19, 23, and
18		26 as follows:
19		(820 ILCS 310/1) (from Ch. 48, par. 172.36)
20		Sec. 1. This Act shall be known and may be cited as the
21		"Workers' Occupational Diseases Act".
22		(a) The term "employer" as used in this Act shall be
23		construed to be:
24		1. The State and each county, city, town, township,
25		incorporated village, school district, body politic, or
26		municipal corporation therein.
27		2. Every person, firm, public or private corporation,
28		including hospitals, public service, eleemosynary, religious
29		or charitable corporations or associations, who has any person
30		in service or under any contract for hire, express or implied,
31		oral or written.
32		3. Where an employer operating under and subject to the
33		provisions of this Act loans an employee to another such

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

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

1		her dependents under this Act who shall have a cause of action
2		by reason of an occupational disease, disablement or death
3		arising out of and in the course of his or her employment may
4		elect or pursue his or her remedy in the State where the
5		disease was contracted, or in the State where the contract of
6		hire is made, or in the State where the employment is
7		principally localized.
8		(c) "Commission" means the Illinois Workers' Compensation
9		Industrial Commission created by the Workers' Compensation
10		Act, approved July 9, 1951, as amended.
11		(d) In this Act the term "Occupational Disease" means a
12		disease arising out of and in the course of the employment or
13		which has become aggravated and rendered disabling as a result
14		of the exposure of the employment. Such aggravation shall arise
15		out of a risk peculiar to or increased by the employment and
16		not common to the general public.
17		A disease shall be deemed to arise out of the employment if
18		there is apparent to the rational mind, upon consideration of
19		all the circumstances, a causal connection between the
20		conditions under which the work is performed and the
21		occupational disease. The disease need not to have been
22		foreseen or expected but after its contraction it must appear
23		to have had its origin or aggravation in a risk connected with
24		the employment and to have flowed from that source as a
25		rational consequence.
26		An employee shall be conclusively deemed to have been
27		exposed to the hazards of an occupational disease when, for any
28		length of time however short, he or she is employed in an
29		occupation or process in which the hazard of the disease
30		exists; provided however, that in a claim of exposure to atomic
31		radiation, the fact of such exposure must be verified by the
32		records of the central registry of radiation exposure
33		maintained by the Department of Public Health or by some other
34		recognized governmental agency maintaining records of such
35		exposures whenever and to the extent that the records are on
36		file with the Department of Public Health or the agency.

1		The employer liable for the compensation in this Act
2		provided shall be the employer in whose employment the employee
3		was last exposed to the hazard of the occupational disease
4		claimed upon regardless of the length of time of such last
5		exposure, except, in cases of silicosis or asbestosis, the only
6		employer liable shall be the last employer in whose employment
7		the employee was last exposed during a period of 60 days or
8		more after the effective date of this Act, to the hazard of
9		such occupational disease, and, in such cases, an exposure
10		during a period of less than 60 days, after the effective date
11		of this Act, shall not be deemed a last exposure. If a miner
12		who is suffering or suffered from pneumoconiosis was employed
13		for 10 years or more in one or more coal mines there shall,
14		effective July 1, 1973 be a rebuttable presumption that his or
15		her pneumoconiosis arose out of such employment.
16		If a deceased miner was employed for 10 years or more in
17		one or more coal mines and died from a respirable disease there
18		shall, effective July 1, 1973, be a rebuttable presumption that
19		his or her death was due to pneumoconiosis.
20		The insurance carrier liable shall be the carrier whose
21		policy was in effect covering the employer liable on the last
22		day of the exposure rendering such employer liable in
23		accordance with the provisions of this Act.
24		(e) "Disablement" means an impairment or partial
25		impairment, temporary or permanent, in the function of the body
26		or any of the members of the body, or the event of becoming
27		disabled from earning full wages at the work in which the
28		employee was engaged when last exposed to the hazards of the
29		occupational disease by the employer from whom he or she claims
30		compensation, or equal wages in other suitable employment; and
31		"disability" means the state of being so incapacitated.
32		(f) No compensation shall be payable for or on account of
33		any occupational disease unless disablement, as herein
34		defined, occurs within two years after the last day of the last
35		exposure to the hazards of the disease, except in cases of
36		occupational disease caused by berylliosis or by the inhalation

1		of silica dust or asbestos dust and, in such cases, within 3
2		years after the last day of the last exposure to the hazards of
3		such disease and except in the case of occupational disease
4		caused by exposure to radiological materials or equipment, and
5		in such case, within 25 years after the last day of last
6		exposure to the hazards of such disease.
7		(Source: P.A. 81-992.)
8		(820 ILCS 310/2) (from Ch. 48, par. 172.37)
9		Sec. 2. (a) Where any employer in this State is
10		automatically and without election subject to and bound by the
11		provisions of the Workers' Compensation Act by reason of the
12		provisions of Section 3 thereof, as heretofore or hereafter
13		amended, then such employer and all of his employees working
14		within this State shall be automatically and without election
15		subject to and bound by the compensation provisions of this Act
16		with respect to all cases in which the last day of the last
17		exposure to the hazards of the disease claimed upon shall have
18		been on or after July 1, 1957. However, nothing contained in
19		this Act shall be construed to apply to any business,
20		enterprise, household or residence which is exempt from the
21		compensation provisions of the Workers' Compensation Act under
22		paragraphs 17, 18 and 19 of Section 3 of that Act.
23		(b) Any employer in this State who does not come within the
24		classes enumerated by Section 2 (a) of this Act may elect to
25		provide and pay compensation according to the provisions of
26		this Act, for disability or death resulting from occupational
27		diseases, and such election, when effective, shall apply to all
28		cases in which the last day of the last exposure as defined in
29		this Act to the hazards of the occupational disease claimed
30		upon shall have occurred on or after the effective date of such
31		election, and shall relieve such employer of all liability
32		under Section 3 of this Act and all other liability with
33		respect to injury to health or death therefrom by reason of any
34		disease contracted or sustained in the course of the
35		employment. The State of Illinois hereby elects to provide and

1		pay compensation according to the provisions of this Act.
2		(c) Election by any employer, pursuant to paragraph (b) of
3		this Section shall be made by filing notice of such election
4		with the Illinois Workers' Compensation Industrial Commission
5		or by insuring his liability to pay compensation under this Act
6		in some insurance carrier authorized, licensed or permitted to
7		do such insurance business in this State. Such employer shall
8		either furnish to his employees personally or post in a
9		conspicuous place in the place of employment notice of his
10		election.
11		(d) Every employer who has elected pursuant to paragraphs
12		(b) and (c) of this section to provide and pay compensation
13		shall, from and after the effective date of such election be
14		and operate under all provisions of this Act except Section 3
15		hereof, with respect to all his employees except those who have
16		rejected in due time as provided in paragraph (e). Any employer
17		having elected, prior to October 1, 1941, not to provide and
18		pay compensation may at any time thereafter again elect
19		pursuant to paragraphs (b) and (c) to provide and pay
20		compensation, but having thus elected for the second time to
21		provide and pay compensation such employer shall, from and
22		after the effective date of such last said election, be and
23		operate under all provisions of this Act, except Section 3
24		hereof, with respect to all employees except those who have
25		rejected in due time as provided in paragraph (e) of this
26		section.
27		(e) If any employer elects, pursuant to paragraph (b) and
28		(c) of this section, then every employee of such employer, who
29		may be employed at the time of such election by such employer,
30		shall be deemed to have accepted all the compensation
31		provisions of this Act and shall be bound thereby unless within
32		30 days after such election he shall file a notice to the
33		contrary with the Commission whose duty it shall be immediately
34		to notify the employer, and until such notice is given to the
35		employer, the measure of liability of such employer shall be
36		determined according to the compensation provisions of this

1		Act; and every employee of such employer, hired after such
2		employer's election, as a part of his contract of hiring shall
3		be deemed to have accepted all of the compensation provisions
4		of this Act, and shall have no right of rejection.
5		(f) Every employer within the provisions of this Act who
6		has elected to provide any 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		(Source: P.A. 81-992.)
30		(820 ILCS 310/3) (from Ch. 48, par. 172.38)
31		Sec. 3. Where an employee in this State sustains injury to
32		health or death by reason of a disease contracted or sustained
33		in the course of the employment and proximately caused by the
34		negligence of the employer, unless such employer shall be
35		subject to this Act under the provisions of paragraph (a) of

1		Section 2 of this Act or shall have elected to provide and pay
2		compensation as provided in Section 2 of this Act, a right of
3		action shall accrue to the employee whose health has been so
4		injured for any damages sustained thereby; and in case of
5		death, a right of action shall accrue to the widow or widower
6		of such deceased person, his or her lineal heirs or adopted
7		children, or to any person or persons who were, before such
8		loss of life, dependent for support upon such deceased person,
9		for a like recovery of damages for the injury sustained by
10		reason of such death not to exceed the sum of $10,000.
11		Violation by any employer of any effective rule or rules made
12		by the Illinois Workers' Compensation Industrial Commission
13		pursuant to the "Health and Safety Act", approved March 16,
14		1936, as amended, or violation by the employer of any statute
15		of this State, intended for the protection of the health of
16		employees shall be and constitute negligence of the employer
17		within the meaning of this Section. Every such action for
18		damage for injury to the health shall be commenced within 3
19		years after the last day of the last exposure to the hazards of
20		the disease and every such action for damages in case of death
21		shall be commenced within one year after the death of such
22		employee and within 5 years after the last day of the last
23		exposure to the hazards of the disease except where the disease
24		is caused by atomic radiation, in which case, every action for
25		damages for injury to health shall be commenced within 15 years
26		after the last day of last exposure to the hazard of such
27		disease and every action for damages in case of death shall be
28		commenced within one year after the death of such employee and
29		within 15 years after last exposure to the hazards of the
30		disease. In any action to recover damages under this Section,
31		it shall not be a defense that the employee either expressly or
32		impliedly assumed the risk of the employment, or that the
33		contraction or sustaining of the disease or death was caused in
34		whole or in part by the negligence of a fellow servant or
35		fellow servants, or that the contraction or sustaining of the
36		disease or death resulting was caused in whole or in part by

1		the contributory negligence of the employee, where such
2		contributory negligence was not wilful.
3		(Source: P.A. 80-328.)
4		(820 ILCS 310/4) (from Ch. 48, par. 172.39)
5		Sec. 4. (a) Any employer, including but not limited to
6		general contractors and their subcontractors, required by the
7		terms of this Act or by election to pay the compensation
8		provided for in this Act shall:
9		(1) File with the Commission an application for
10		approval as a self-insurer which shall include a current
11		financial statement. The application and financial
12		statement shall be signed and sworn to by the president or
13		vice-president and secretary or assistant secretary of the
14		employer if it be a corporation, or by all of the partners
15		if it be a copartnership, or by the owner if it be neither
16		a copartnership nor a corporation. An employer may elect to
17		provide and pay compensation as provided for in this Act as
18		a member of a group workers' compensation pool under
19		Article V 3/4 of the Illinois Insurance Code. If an
20		employer becomes a member of a group workers' compensation
21		pool, the employer shall not be relieved of any obligations
22		imposed by this Act.
23		If the sworn application and financial statement of any
24		such employer does not satisfy the Commission of the
25		financial ability of the employer who has filed it, the
26		Commission shall require such employer to:
27		(2) Furnish security, indemnity or a bond guaranteeing
28		the payment by the employer of the compensation provided
29		for in this Act, provided that any such employer who shall
30		have secured his or her liability in part by excess
31		liability coverage shall be required to furnish to the
32		Commission security, indemnity or bond guaranteeing his or
33		her payment up to the amount of the effective limits of the
34		excess coverage in accordance with the provisions of this
35		paragraph, or

1		(3) Insure his or her entire liability to pay such
2		compensation in some insurance carrier authorized,
3		licensed or permitted to do such insurance business in this
4		State. All policies of such insurance carriers insuring the
5		payment of compensation under this Act shall cover all the
6		employees and all such employer's compensation liability
7		in all cases in which the last day of the last exposure to
8		the occupational disease involved is within the effective
9		period of the policy, anything to the contrary in the
10		policy notwithstanding. Provided, however, that any
11		employer may insure his or her compensation liability under
12		this Act with 2 or more insurance carriers or may insure a
13		part and qualify under Subsection 1, 2, or 4 for the
14		remainder of his liability to pay such compensation,
15		subject to the following two provisions:
16		Firstly, the entire liability of the employer to
17		employees working at or from one location shall be
18		insured in one such insurance carrier or shall be
19		self-insured.
20		Secondly, the employer shall submit evidence
21		satisfactory to the Commission that his or her entire
22		liability for the compensation provided for in this Act
23		will be secured.
24		Any provision in a policy or in any endorsement
25		attached thereto attempting to limit or modify in any way
26		the liability of the insurance carrier issuing the same,
27		except as otherwise provided herein, shall be wholly void.
28		The insurance or security in force to cover
29		compensation liability under this Act shall be separate and
30		distinct from the insurance or security under the "Workers'
31		Compensation Act" and any insurance contract covering
32		liability under either Act need not cover any liability
33		under the other. Nothing herein contained shall apply to
34		policies of excess liability carriage secured by employers
35		who have been approved by the Commission as self-insurers,
36		or

1		(4) Make some other provision, satisfactory to the
2		Commission, for the securing of the payment of compensation
3		provided for in this Act, and
4		(5) Upon becoming subject to this Act and thereafter as
5		often as the Commission may in writing demand, file with
6		the Commission in form prescribed by it evidence of his or
7		her compliance with the provision of this Section.
8		(a-1) Regardless of its state of domicile or its principal
9		place of business, an employer shall make payments to its
10		insurance carrier or group self-insurance fund, where
11		applicable, based upon the premium rates of the situs where the
12		work or project is located in Illinois if:
13		(A) the employer is engaged primarily in the building
14		and construction industry; and
15		(B) subdivision (a)(3) of this Section applies to the
16		employer or the employer is a member of a group
17		self-insurance plan as defined in subsection (1) of Section
18		4a.
19		The Illinois Workers' Compensation Industrial Commission
20		shall impose a penalty upon an employer for violation of this
21		subsection (a-1) if:
22		(i) the employer is given an opportunity at a hearing
23		to present evidence of its compliance with this subsection
24		(a-1); and
25		(ii) after the hearing, the Commission finds that the
26		employer failed to make payments upon the premium rates of
27		the situs where the work or project is located in Illinois.
28		The penalty shall not exceed $1,000 for each day of work
29		for which the employer failed to make payments upon the premium
30		rates of the situs where the work or project is located in
31		Illinois, but the total penalty shall not exceed $50,000 for
32		each project or each contract under which the work was
33		performed.
34		Any penalty under this subsection (a-1) must be imposed not
35		later than one year after the expiration of the applicable
36		limitation period specified in subsection (c) of Section 6 of

1		this Act. Penalties imposed under this subsection (a-1) shall
2		be deposited into the Illinois Workers' Compensation
3		Industrial Commission Operations Fund created under Section 4
4		of the Workers' Compensation Act.
5		(b) The sworn application and financial statement, or
6		security, indemnity or bond, or amount of insurance, or other
7		provisions, filed, furnished, carried, or made by the employer,
8		as the case may be, shall be subject to the approval of the
9		Commission.
10		Deposits under escrow agreements shall be cash, negotiable
11		United States government bonds or negotiable general
12		obligation bonds of the State of Illinois. Such cash or bonds
13		shall be deposited in escrow with any State or National Bank or
14		Trust Company having trust authority in the State of Illinois.
15		Upon the approval of the sworn application and financial
16		statement, security, indemnity or bond or amount of insurance,
17		filed, furnished, or carried, as the case may be, the
18		Commission shall send to the employer written notice of its
19		approval thereof. Said certificate of compliance by the
20		employer with the provisions of subparagraphs (2) and (3) of
21		paragraph (a) of this Section shall be delivered by the
22		insurance carrier to the Illinois Workers' Compensation
23		Industrial Commission within 5 days after the effective date of
24		the policy so certified. The insurance so certified shall cover
25		all compensation liability occurring during the time that the
26		insurance is in effect and no further certificate need be filed
27		in case such insurance is renewed, extended or otherwise
28		continued by such carrier. The insurance so certified shall not
29		be cancelled or in the event that such insurance is not
30		renewed, extended or otherwise continued, such insurance shall
31		not be terminated until at least 10 days after receipt by the
32		Illinois Workers' Compensation Industrial Commission of notice
33		of the cancellation or termination of said insurance; provided,
34		however, that if the employer has secured insurance from
35		another insurance carrier, or has otherwise secured the payment
36		of compensation in accordance with this Section, and such

1		insurance or other security becomes effective prior to the
2		expiration of said 10 days, cancellation or termination may, at
3		the option of the insurance carrier indicated in such notice,
4		be effective as of the effective date of such other insurance
5		or security.
6		(c) Whenever the Commission shall find that any
7		corporation, company, association, aggregation of individuals,
8		reciprocal or interinsurers exchange, or other insurer
9		effecting workers' occupational disease compensation insurance
10		in this State shall be insolvent, financially unsound, or
11		unable to fully meet all payments and liabilities assumed or to
12		be assumed for compensation insurance in this State, or shall
13		practice a policy of delay or unfairness toward employees in
14		the adjustment, settlement, or payment of benefits due such
15		employees, the Commission may after reasonable notice and
16		hearing order and direct that such corporation, company,
17		association, aggregation of individuals, reciprocal or
18		interinsurers exchange, or insurer, shall from and after a date
19		fixed in such order discontinue the writing of any such
20		workers' occupational disease compensation insurance in this
21		State. It shall thereupon be unlawful for any such corporation,
22		company, association, aggregation of individuals, reciprocal
23		or interinsurers exchange, or insurer to effect any workers'
24		occupational disease compensation insurance in this State. A
25		copy of the order shall be served upon the Director of
26		Insurance by registered mail. Whenever the Commission finds
27		that any service or adjustment company used or employed by a
28		self-insured employer or by an insurance carrier to process,
29		adjust, investigate, compromise or otherwise handle claims
30		under this Act, has practiced or is practicing a policy of
31		delay or unfairness toward employees in the adjustment,
32		settlement or payment of benefits due such employees, the
33		Commission may after reasonable notice and hearing order and
34		direct that such service or adjustment company shall from and
35		after a date fixed in such order be prohibited from processing,
36		adjusting, investigating, compromising or otherwise handling

1		claims under this Act.
2		Whenever the Commission finds that any self-insured
3		employer has practiced or is practicing delay or unfairness
4		toward employees in the adjustment, settlement or payment of
5		benefits due such employees, the Commission may after
6		reasonable notice and hearing order and direct that after a
7		date fixed in the order such self-insured employer shall be
8		disqualified to operate as a self-insurer and shall be required
9		to insure his entire liability to pay compensation in some
10		insurance carrier authorized, licensed and permitted to do such
11		insurance business in this State as provided in subparagraph
12		(3) of paragraph (a) of this Section.
13		All orders made by the Commission under this Section shall
14		be subject to review by the courts, the review to be taken in
15		the same manner and within the same time as provided by Section
16		19 of this Act for review of awards and decisions of the
17		Commission, upon the party seeking the review filing with the
18		clerk of the court to which said review is taken a bond in an
19		amount to be fixed and approved by the court to which said
20		review is taken, conditioned upon the payment of all
21		compensation awarded against the person taking the review
22		pending a decision thereof and further conditioned upon such
23		other obligations as the court may impose. Upon the review the
24		Circuit Court shall have power to review all questions of fact
25		as well as of law. The penalty hereinafter provided for in this
26		paragraph shall not attach and shall not begin to run until the
27		final determination of the order of the Commission.
28		(d) Upon a finding by the Commission, after reasonable
29		notice and hearing, of the knowing and wilful failure of an
30		employer to comply with any of the provisions of paragraph (a)
31		of this Section or the failure or refusal of an employer,
32		service or adjustment company, or insurance carrier to comply
33		with any order of the Illinois Workers' Compensation Industrial
34		Commission pursuant to paragraph (c) of this Section the
35		Commission may assess a civil penalty of up to $500 per day for
36		each day of such failure or refusal after the effective date of

1		this amendatory Act of 1989. Each day of such failure or
2		refusal shall constitute a separate offense.
3		Upon the failure or refusal of any employer, service or
4		adjustment company or insurance carrier to comply with the
5		provisions of this Section and orders of the Commission under
6		this Section, or the order of the court on review after final
7		adjudication, the Commission may bring a civil action to
8		recover the amount of the penalty in Cook County or in Sangamon
9		County in which litigation the Commission shall be represented
10		by the Attorney General. The Commission shall send notice of
11		its finding of non-compliance and assessment of the civil
12		penalty to the Attorney General. It shall be the duty of the
13		Attorney General within 30 days after receipt of the notice, to
14		institute prosecutions and promptly prosecute all reported
15		violations of this Section.
16		(e) This Act shall not affect or disturb the continuance of
17		any existing insurance, mutual aid, benefit, or relief
18		association or department, whether maintained in whole or in
19		part by the employer or whether maintained by the employees,
20		the payment of benefits of such association or department being
21		guaranteed by the employer or by some person, firm or
22		corporation for him or her: Provided, the employer contributes
23		to such association or department an amount not less than the
24		full compensation herein provided, exclusive of the cost of the
25		maintenance of such association or department and without any
26		expense to the employee. This Act shall not prevent the
27		organization and maintaining under the insurance laws of this
28		State of any benefit or insurance company for the purpose of
29		insuring against the compensation provided for in this Act, the
30		expense of which is maintained by the employer. This Act shall
31		not prevent the organization or maintaining under the insurance
32		laws of this State of any voluntary mutual aid, benefit or
33		relief association among employees for the payment of
34		additional accident or sick benefits.
35		(f) No existing insurance, mutual aid, benefit or relief
36		association or department shall, by reason of anything herein

1		contained, be authorized to discontinue its operation without
2		first discharging its obligations to any and all persons
3		carrying insurance in the same or entitled to relief or
4		benefits therein.
5		(g) Any contract, oral, written or implied, of employment
6		providing for relief benefit, or insurance or any other device
7		whereby the employee is required to pay any premium or premiums
8		for insurance against the compensation provided for in this Act
9		shall be null and void. Any employer withholding from the wages
10		of any employee any amount for the purpose of paying any such
11		premium shall be guilty of a Class B misdemeanor.
12		In the event the employer does not pay the compensation for
13		which he or she is liable, then an insurance company,
14		association or insurer which may have insured such employer
15		against such liability shall become primarily liable to pay to
16		the employee, his personal representative or beneficiary the
17		compensation required by the provisions of this Act to be paid
18		by such employer. The insurance carrier may be made a party to
19		the proceedings in which the employer is a party and an award
20		may be entered jointly against the employer and the insurance
21		carrier.
22		(h) It shall be unlawful for any employer, insurance
23		company or service or adjustment company to interfere with,
24		restrain or coerce an employee in any manner whatsoever in the
25		exercise of the rights or remedies granted to him or her by
26		this Act or to discriminate, attempt to discriminate, or
27		threaten to discriminate against an employee in any way because
28		of his exercise of the rights or remedies granted to him by
29		this Act.
30		It shall be unlawful for any employer, individually or
31		through any insurance company or service or adjustment company,
32		to discharge or to threaten to discharge, or to refuse to
33		rehire or recall to active service in a suitable capacity an
34		employee because of the exercise of his or her rights or
35		remedies granted to him or her by this Act.
36		(i) If an employer elects to obtain a life insurance policy

1		on his employees, he may also elect to apply such benefits in
2		satisfaction of all or a portion of the death benefits payable
3		under this Act, in which case, the employer's premium for
4		coverage for benefits under this Act shall be reduced
5		accordingly.
6		(Source: P.A. 90-109, eff. 1-1-98; 91-375, eff. 1-1-00; 91-757,
7		eff. 1-1-01.)
8		(820 ILCS 310/6) (from Ch. 48, par. 172.41)
9		Sec. 6. (a) Every employer operating under the compensation
10		provisions of this Act, shall post printed notices in their
11		respective places of employment in conspicuous places and in
12		such number and at such places as may be determined by the
13		Commission, containing such information relative to this Act as
14		in the judgment of the Commission may be necessary to aid
15		employees to safeguard their rights under this Act.
16		In addition thereto, the employer shall post in a
17		conspicuous place on the premises of the employment a printed
18		or typewritten notice stating whether he is insured or whether
19		he has qualified and is operating as a self-insured employer.
20		In the event the employer is insured, the notice shall state
21		the name and address of his or her insurance carrier, the
22		number of the insurance policy, its effective date and the date
23		of termination. In the event of the termination of the policy
24		for any reason prior to the termination date stated, the posted
25		notice shall promptly be corrected accordingly. In the event
26		the employer is operating as a self-insured employer the notice
27		shall state the name and address of the company, if any,
28		servicing the compensation payments of the employer, and the
29		name and address of the person in charge of making compensation
30		payments.
31		(b) Every employer subject to this Act shall maintain
32		accurate records of work-related deaths, injuries and
33		illnesses other than minor injuries requiring only first aid
34		treatment and which do not involve medical treatment, loss of
35		consciousness, restriction of work or motion or transfer to

1		another job and file with the Illinois Workers' Compensation
2		Industrial Commission, in writing, a report of all occupational
3		diseases arising out of and in the course of the employment and
4		resulting in death, or disablement or illness resulting in the
5		loss of more than 3 scheduled work days. In the case of death
6		such report shall be made no later than 2 working days
7		following the occupational death. In all other cases such
8		report shall be made between the 15th and 25th of each month
9		unless required to be made sooner by rule of the Illinois
10		Workers' Compensation Industrial Commission. In case the
11		occupational disease results in permanent disability, a
12		further report shall be made as soon as it is determined that
13		such permanent disability has resulted or will result
14		therefrom. All reports shall state the date of the disablement,
15		the nature of the employer's business, the name, address, the
16		age, sex, conjugal condition of the disabled person, the
17		specific occupation of the person, the nature and character of
18		the occupational disease, the length of disability, and, in
19		case of death, the length of disability before death, the wages
20		of the employee, whether compensation has been paid to the
21		employee, or to his legal representative or his heirs or next
22		of kin, the amount of compensation paid, the amount paid for
23		physicians', surgeons' and hospital bills, and by whom paid,
24		and the amount paid for funeral or burial expenses, if known.
25		The reports shall be made on forms and in the manner as
26		prescribed by the Illinois Workers' Compensation Industrial
27		Commission and shall contain such further information as the
28		Commission shall deem necessary and require. The making of such
29		reports releases the employer from making such reports to any
30		other officer of the State and shall satisfy the reporting
31		provisions as contained in the "Health And Safety Act" and "An
32		Act in relation to safety inspections and education in
33		industrial and commercial establishments and to repeal an Act
34		therein named", approved July 18, 1955, as amended. The report
35		filed with the Illinois Workers' Compensation Industrial
36		Commission pursuant to the provisions of this Section shall be

1		made available by the Illinois Workers' Compensation
2		Industrial Commission to the Director of Labor or his
3		representatives, to the Department of Public Health pursuant to
4		the Illinois Health and Hazardous Substances Registry Act, and
5		to all other departments of the State of Illinois which shall
6		require such information for the proper discharge of their
7		official duties. Failure to file with the Commission any of the
8		reports required in this Section is a petty offense.
9		Except as provided in this paragraph, all reports filed
10		hereunder shall be confidential and any person having access to
11		such records filed with the Illinois Workers' Compensation
12		Industrial Commission as herein required, who shall release the
13		names or otherwise identify any persons sustaining injuries or
14		disabilities, or gives access to such information to any
15		unauthorized person, shall be subject to discipline or
16		discharge, and in addition shall be guilty of a Class B
17		misdemeanor. The Commission shall compile and distribute to
18		interested persons aggregate statistics, taken from the
19		reports filed hereunder. The aggregate statistics shall not
20		give the names or otherwise identify persons sustaining
21		injuries or disabilities or the employer of any injured or
22		disabled person.
23		(c) There shall be given notice to the employer of
24		disablement arising from an occupational disease as soon as
25		practicable after the date of the disablement. If the
26		Commission shall find that the failure to give such notice
27		substantially prejudices the rights of the employer the
28		Commission in its discretion may order that the right of the
29		employee to proceed under this Act shall be barred.
30		In case of legal disability of the employee or any
31		dependent of a deceased employee who may be entitled to
32		compensation, under the provisions of this Act, the limitations
33		of time in this Section of this Act provided shall not begin to
34		run against such person who is under legal disability until a
35		conservator or guardian has been appointed. No defect or
36		inaccuracy of such notice shall be a bar to the maintenance of

1		proceedings on arbitration or otherwise by the employee unless
2		the employer proves that he or she is unduly prejudiced in such
3		proceedings by such defect or inaccuracy. Notice of the
4		disabling disease may be given orally or in writing. In any
5		case, other than injury or death caused by exposure to
6		radiological materials or equipment or asbestos, unless
7		application for compensation is filed with the Commission
8		within 3 years after the date of the disablement, where no
9		compensation has been paid, or within 2 years after the date of
10		the last payment of compensation, where any has been paid,
11		whichever shall be later, the right to file such application
12		shall be barred. If the occupational disease results in death,
13		application for compensation for death may be filed with the
14		Commission within 3 years after the date of death where no
15		compensation has been paid, or within 3 years after the last
16		payment of compensation, where any has been paid, whichever is
17		later, but not thereafter.
18		Effective July 1, 1973 in cases of disability caused by
19		coal miners pneumoconiosis unless application for compensation
20		is filed with the Commission within 5 years after the employee
21		was last exposed where no compensation has been paid, or within
22		5 years after the last payment of compensation where any has
23		been paid, the right to file such application shall be barred.
24		In cases of disability caused by exposure to radiological
25		materials or equipment or asbestos, unless application for
26		compensation is filed with the Commission within 25 years after
27		the employee was so exposed, the right to file such application
28		shall be barred.
29		In cases of death occurring within 25 years from the last
30		exposure to radiological material or equipment or asbestos,
31		application for compensation must be filed within 3 years of
32		death where no compensation has been paid, or within 3 years,
33		after the date of the last payment where any has been paid, but
34		not thereafter.
35		(d) Any contract or agreement made by any employer or his
36		agent or attorney with any employee or any other beneficiary of

1		any claim under the provisions of this Act within 7 days after
2		the disablement shall be presumed to be fraudulent.
3		(Source: P.A. 84-981.)
4		(820 ILCS 310/13) (from Ch. 48, par. 172.48)
5		Sec. 13. The Illinois Workers' Compensation Industrial
6		Commission shall have jurisdiction over the operation and
7		administration of this Act and it shall have, exercise, perform
8		and discharge the same rights, powers and duties with reference
9		to this Act as it shall have, exercise, perform and discharge
10		with reference to the Workers' Compensation Act or any
11		amendment thereto or modification thereof.
12		(Source: P.A. 81-992.)
13		(820 ILCS 310/17) (from Ch. 48, par. 172.52)
14		Sec. 17. The Commission shall cause to be printed and shall
15		furnish free of charge upon request by any employer or employee
16		such blank forms as it shall deem requisite to facilitate or
17		promote the efficient administration of this Act, and the
18		performance of the duties of the Commission. It shall provide a
19		proper record in which shall be entered and indexed the name of
20		any employer who shall file a notice of election under this
21		Act, and the date of the filing thereof; and a proper record in
22		which shall be entered and indexed the name of any employee who
23		shall file a notice of election, and the date of the filing
24		thereof; and such other notices as may be required by this Act;
25		and records in which shall be recorded all proceedings, orders
26		and awards had or made by the Commission, or by the arbitration
27		committees, and such other books or records as it shall deem
28		necessary, all such records to be kept in the office of the
29		Commission. The Commission, in its discretion, may destroy all
30		papers and documents except notices of election and waivers
31		which have been on file for more than five years where there is
32		no claim for compensation pending, or where more than two years
33		have elapsed since the termination of the compensation period.
34		The Commission shall compile and distribute to interested

1		persons aggregate statistics, taken from any records and
2		reports in the possession of the Commission. The aggregate
3		statistics shall not give the names or otherwise identify
4		persons sustaining injuries or disabilities or the employer of
5		any injured or disabled person.
6		The Commission is authorized to establish reasonable fees
7		and methods of payment limited to covering only the costs to
8		the Commission for processing, maintaining and generating
9		records or data necessary for the computerized production of
10		documents, records and other materials except to the extent of
11		any salaries or compensation of Commission officers or
12		employees.
13		All fees collected by the Commission under this Section
14		shall be deposited in the Statistical Services Revolving Fund
15		and credited to the account of the Illinois Workers'
16		Compensation Industrial Commission.
17		(Source: P.A. 83-489.)
18		(820 ILCS 310/19) (from Ch. 48, par. 172.54)
19		Sec. 19. Any disputed questions of law or fact shall be
20		determined as herein provided.
21		(a) It shall be the duty of the Commission upon
22		notification that the parties have failed to reach an agreement
23		to designate an Arbitrator.
24		(1) The application for adjustment of claim filed with
25		the Commission shall state:
26		A. The approximate date of the last day of the last
27		exposure and the approximate date of the disablement.
28		B. The general nature and character of the illness
29		or disease claimed.
30		C. The name and address of the employer by whom
31		employed on the last day of the last exposure and if
32		employed by any other employer after such last exposure
33		and before disablement the name and address of such
34		other employer or employers.
35		D. In case of death, the date and place of death.

1		(2) Amendments to applications for adjustment of claim
2		which relate to the same disablement or disablement
3		resulting in death originally claimed upon may be allowed
4		by the Commissioner or an Arbitrator thereof, in their
5		discretion, and in the exercise of such discretion, they
6		may in proper cases order a trial de novo; such amendment
7		shall relate back to the date of the filing of the original
8		application so amended.
9		(3) Whenever any claimant misconceives his remedy and
10		files an application for adjustment of claim under this Act
11		and it is subsequently discovered, at any time before final
12		disposition of such cause, that the claim for disability or
13		death which was the basis for such application should
14		properly have been made under the Workers' Compensation
15		Act, then the provisions of Section 19 paragraph (a-1) of
16		the Workers' Compensation Act having reference to such
17		application shall apply.
18		Whenever any claimant misconceives his remedy and
19		files an application for adjustment of claim under the
20		Workers' Compensation Act and it is subsequently
21		discovered, at any time before final disposition of such
22		cause that the claim for injury or death which was the
23		basis for such application should properly have been made
24		under this Act, then the application so filed under the
25		Workers' Compensation Act may be amended in form, substance
26		or both to assert claim for such disability or death under
27		this Act and it shall be deemed to have been so filed as
28		amended on the date of the original filing thereof, and
29		such compensation may be awarded as is warranted by the
30		whole evidence pursuant to the provisions of this Act. When
31		such amendment is submitted, further or additional
32		evidence may be heard by the Arbitrator or Commission when
33		deemed necessary; provided, that nothing in this Section
34		contained shall be construed to be or permit a waiver of
35		any provisions of this Act with reference to notice, but
36		notice if given shall be deemed to be a notice under the

1		provisions of this Act if given within the time required
2		herein.
3		(b) The Arbitrator shall make such inquiries and
4		investigations as he shall deem necessary and may examine and
5		inspect all books, papers, records, places, or premises
6		relating to the questions in dispute and hear such proper
7		evidence as the parties may submit.
8		The hearings before the Arbitrator shall be held in the
9		vicinity where the last exposure occurred, after 10 days'
10		notice of the time and place of such hearing shall have been
11		given to each of the parties or their attorneys of record.
12		The Arbitrator may find that the disabling condition is
13		temporary and has not yet reached a permanent condition and may
14		order the payment of compensation up to the date of the
15		hearing, which award shall be reviewable and enforceable in the
16		same manner as other awards, and in no instance be a bar to a
17		further hearing and determination of a further amount of
18		temporary total compensation or of compensation for permanent
19		disability, but shall be conclusive as to all other questions
20		except the nature and extent of such disability.
21		The decision of the Arbitrator shall be filed with the
22		Commission which Commission shall immediately send to each
23		party or his attorney a copy of such decision, together with a
24		notification of the time when it was filed. Beginning January
25		1, 1981, all decisions of the Arbitrator shall set forth in
26		writing findings of fact and conclusions of law, separately
27		stated. Unless a petition for review is filed by either party
28		within 30 days after the receipt by such party of the copy of
29		the decision and notification of time when filed, and unless
30		such party petitioning for a review shall within 35 days after
31		the receipt by him of the copy of the decision, file with the
32		Commission either an agreed statement of the facts appearing
33		upon the hearing before the Arbitrator, or if such party shall
34		so elect a correct transcript of evidence of the proceedings at
35		such hearings, then the decision shall become the decision of
36		the Commission and in the absence of fraud shall be conclusive.

1		The Petition for Review shall contain a statement of the
2		petitioning party's specific exceptions to the decision of the
3		arbitrator. The jurisdiction of the Commission to review the
4		decision of the arbitrator shall not be limited to the
5		exceptions stated in the Petition for Review. The Commission,
6		or any member thereof, may grant further time not exceeding 30
7		days, in which to file such agreed statement or transcript of
8		evidence. Such agreed statement of facts or correct transcript
9		of evidence, as the case may be, shall be authenticated by the
10		signatures of the parties or their attorneys, and in the event
11		they do not agree as to the correctness of the transcript of
12		evidence it shall be authenticated by the signature of the
13		Arbitrator designated by the Commission.
14		(b-1) If the employee is not receiving, pursuant to Section
15		7, medical, surgical or hospital services of the type provided
16		for in paragraph (a) of Section 8 of the Workers' Compensation
17		Act or compensation of the type provided for in paragraph (b)
18		of Section 8 of the Workers' Compensation Act, the employee, in
19		accordance with Commission Rules, may file a petition for an
20		emergency hearing by an Arbitrator on the issue of whether or
21		not he is entitled to receive payment of such compensation or
22		services as provided therein. Such petition shall have priority
23		over all other petitions and shall be heard by the Arbitrator
24		and Commission with all convenient speed.
25		Such petition shall contain the following information and
26		shall be served on the employer at least 15 days before it is
27		filed:
28		(i) the date and approximate time of the last exposure;
29		(ii) the approximate location of the last exposure;
30		(iii) a description of the last exposure;
31		(iv) the nature of the disability incurred by the
32		employee;
33		(v) the identity of the person, if known, to whom the
34		disability was reported and the date on which it was
35		reported;
36		(vi) the name and title of the person, if known,

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

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

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

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

1		decision of the Commission.
2		(d) If any employee shall persist in insanitary or
3		injurious practices which tend to either imperil or retard his
4		recovery or shall refuse to submit to such medical, surgical,
5		or hospital treatment as is reasonably essential to promote his
6		recovery, the Commission may, in its discretion, reduce or
7		suspend the compensation of any such employee; provided, that
8		when an employer and employee so agree in writing, the
9		foregoing provision shall not be construed to authorize the
10		reduction or suspension of compensation of an employee who is
11		relying in good faith, on treatment by prayer or spiritual
12		means alone, in accordance with the tenets and practice of a
13		recognized church or religious denomination, by a duly
14		accredited practitioner thereof.
15		(e) This paragraph shall apply to all hearings before the
16		Commission. Such hearings may be held in its office or
17		elsewhere as the Commission may deem advisable. The taking of
18		testimony on such hearings may be had before any member of the
19		Commission. If a petition for review and agreed statement of
20		facts or transcript of evidence is filed, as provided herein,
21		the Commission shall promptly review the decision of the
22		Arbitrator and all questions of law or fact which appear from
23		the statement of facts or transcripts of evidence. In all cases
24		in which the hearing before the arbitrator is held after the
25		effective date of this amendatory Act of 1989, no additional
26		evidence shall be introduced by the parties before the
27		Commission on review of the decision of the Arbitrator. The
28		Commission shall file in its office its decision thereon, and
29		shall immediately send to each party or his attorney a copy of
30		such decision and a notification of the time when it was filed.
31		Decisions shall be filed within 60 days after the Statement of
32		Exceptions and Supporting Brief and Response thereto are
33		required to be filed or oral argument whichever is later.
34		In the event either party requests oral argument, such
35		argument shall be had before a panel of 3 members of the
36		Commission (or before all available members pursuant to the

1		determination of 5 members of the Commission that such argument
2		be held before all available members of the Commission)
3		pursuant to the rules and regulations of the Commission. A
4		panel of 3 members, which shall be comprised of not more than
5		one representative citizen of the employing class and not more
6		than one representative citizen of the employee class, shall
7		hear the argument; provided that if all the issues in dispute
8		are solely the nature and extent of the permanent partial
9		disability, if any, a majority of the panel may deny the
10		request for such argument and such argument shall not be held;
11		and provided further that 5 members of the Commission may
12		determine that the argument be held before all available
13		members of the Commission. A decision of the Commission shall
14		be approved by a majority of Commissioners present at such
15		hearing if any; provided, if no such hearing is held, a
16		decision of the Commission shall be approved by a majority of a
17		panel of 3 members of the Commission as described in this
18		Section. The Commission shall give 10 days' notice to the
19		parties or their attorneys of the time and place of such taking
20		of testimony and of such argument.
21		In any case the Commission in its decision may in its
22		discretion find specially upon any question or questions of law
23		or facts which shall be submitted in writing by either party
24		whether ultimate or otherwise; provided that on issues other
25		than nature and extent of the disablement, if any, the
26		Commission in its decision shall find specially upon any
27		question or questions of law or fact, whether ultimate or
28		otherwise, which are submitted in writing by either party;
29		provided further that not more than 5 such questions may be
30		submitted by either party. Any party may, within 20 days after
31		receipt of notice of the Commission's decision, or within such
32		further time, not exceeding 30 days, as the Commission may
33		grant, file with the Commission either an agreed statement of
34		the facts appearing upon the hearing, or, if such party shall
35		so elect, a correct transcript of evidence of the additional
36		proceedings presented before the Commission in which report the

1		party may embody a correct statement of such other proceedings
2		in the case as such party may desire to have reviewed, such
3		statement of facts or transcript of evidence to be
4		authenticated by the signature of the parties or their
5		attorneys, and in the event that they do not agree, then the
6		authentication of such transcript of evidence shall be by the
7		signature of any member of the Commission.
8		If a reporter does not for any reason furnish a transcript
9		of the proceedings before the Arbitrator in any case for use on
10		a hearing for review before the Commission, within the
11		limitations of time as fixed in this Section, the Commission
12		may, in its discretion, order a trial de novo before the
13		Commission in such case upon application of either party. The
14		applications for adjustment of claim and other documents in the
15		nature of pleadings filed by either party, together with the
16		decisions of the Arbitrator and of the Commission and the
17		statement of facts or transcript of evidence hereinbefore
18		provided for in paragraphs (b) and (c) shall be the record of
19		the proceedings of the Commission, and shall be subject to
20		review as hereinafter provided.
21		At the request of either party or on its own motion, the
22		Commission shall set forth in writing the reasons for the
23		decision, including findings of fact and conclusions of law,
24		separately stated. The Commission shall by rule adopt a format
25		for written decisions for the Commission and arbitrators. The
26		written decisions shall be concise and shall succinctly state
27		the facts and reasons for the decision. The Commission may
28		adopt in whole or in part, the decision of the arbitrator as
29		the decision of the Commission. When the Commission does so
30		adopt the decision of the arbitrator, it shall do so by order.
31		Whenever the Commission adopts part of the arbitrator's
32		decision, but not all, it shall include in the order the
33		reasons for not adopting all of the arbitrator's decision. When
34		a majority of a panel, after deliberation, has arrived at its
35		decision, the decision shall be filed as provided in this
36		Section without unnecessary delay, and without regard to the

1		fact that a member of the panel has expressed an intention to
2		dissent. Any member of the panel may file a dissent. Any
3		dissent shall be filed no later than 10 days after the decision
4		of the majority has been filed.
5		Decisions rendered by the Commission after the effective
6		date of this amendatory Act of 1980 and dissents, if any, shall
7		be published together by the Commission. The conclusions of law
8		set out in such decisions shall be regarded as precedents by
9		arbitrators, for the purpose of achieving a more uniform
10		administration of this Act.
11		(f) The decision of the Commission acting within its
12		powers, according to the provisions of paragraph (e) of this
13		Section shall, in the absence of fraud, be conclusive unless
14		reviewed as in this paragraph hereinafter provided. However,
15		the Arbitrator or the Commission may on his or its own motion,
16		or on the motion of either party, correct any clerical error or
17		errors in computation within 15 days after the date of receipt
18		of any award by such Arbitrator or any decision on review of
19		the Commission, and shall have the power to recall the original
20		award on arbitration or decision on review, and issue in lieu
21		thereof such corrected award or decision. Where such correction
22		is made the time for review herein specified shall begin to run
23		from the date of the receipt of the corrected award or
24		decision.
25		(1) Except in cases of claims against the State of
26		Illinois, in which case the decision of the Commission
27		shall not be subject to judicial review, the Circuit Court
28		of the county where any of the parties defendant may be
29		found, or if none of the parties defendant be found in this
30		State then the Circuit Court of the county where any of the
31		exposure occurred, shall by summons to the Commission have
32		power to review all questions of law and fact presented by
33		such record.
34		A proceeding for review shall be commenced within 20
35		days of the receipt of notice of the decision of the
36		Commission. The summons shall be issued by the clerk of

1		such court upon written request returnable on a designated
2		return day, not less than 10 or more than 60 days from the
3		date of issuance thereof, and the written request shall
4		contain the last known address of other parties in interest
5		and their attorneys of record who are to be served by
6		summons. Service upon any member of the Commission or the
7		Secretary or the Assistant Secretary thereof shall be
8		service upon the Commission, and service upon other parties
9		in interest and their attorneys of record shall be by
10		summons, and such service shall be made upon the Commission
11		and other parties in interest by mailing notices of the
12		commencement of the proceedings and the return day of the
13		summons to the office of the Commission and to the last
14		known place of residence of other parties in interest or
15		their attorney or attorneys of record. The clerk of the
16		court issuing the summons shall on the day of issue mail
17		notice of the commencement of the proceedings which shall
18		be done by mailing a copy of the summons to the office of
19		the Commission, and a copy of the summons to the other
20		parties in interest or their attorney or attorneys of
21		record and the clerk of the court shall make certificate
22		that he has so sent such notices in pursuance of this
23		Section, which shall be evidence of service on the
24		Commission and other parties in interest.
25		The Commission shall not be required to certify the
26		record of their proceedings in the Circuit Court unless the
27		party commencing the proceedings for review in the Circuit
28		Court as above provided, shall pay to the Commission the
29		sum of 80 cents per page of testimony taken before the
30		Commission, and 35 cents per page of all other matters
31		contained in such record, except as otherwise provided by
32		Section 20 of this Act. Payment for photostatic copies of
33		exhibit shall be extra. It shall be the duty of the
34		Commission upon such payment, or failure to pay as
35		permitted under Section 20 of this Act, to prepare a true
36		and correct typewritten copy of such testimony and a true

1		and correct copy of all other matters contained in such
2		record and certified to by the Secretary or Assistant
3		Secretary thereof.
4		In its decision on review the Commission shall
5		determine in each particular case the amount of the
6		probable cost of the record to be filed as a return to the
7		summons in that case and no request for a summons may be
8		filed and no summons shall issue unless the party seeking
9		to review the decision of the Commission shall exhibit to
10		the clerk of the Circuit Court proof of payment by filing a
11		receipt showing payment or an affidavit of the attorney
12		setting forth that payment has been made of the sums so
13		determined to the Secretary or Assistant Secretary of the
14		Commission.
15		(2) No such summons shall issue unless the one against
16		whom the Commission shall have rendered an award for the
17		payment of money shall upon the filing of his written
18		request for such summons file with the clerk of the court a
19		bond conditioned that if he shall not successfully
20		prosecute the review, he will pay the award and the costs
21		of the proceedings in the court. The amount of the bond
22		shall be fixed by any member of the Commission and the
23		surety or sureties of the bond shall be approved by the
24		clerk of the court. The acceptance of the bond by the clerk
25		of the court shall constitute evidence of his approval of
26		the bond.
27		Every county, city, town, township, incorporated
28		village, school district, body politic or municipal
29		corporation having a population of 500,000 or more against
30		whom the Commission shall have rendered an award for the
31		payment of money shall not be required to file a bond to
32		secure the payment of the award and the costs of the
33		proceedings in the court to authorize the court to issue
34		such summons.
35		The court may confirm or set aside the decision of the
36		Commission. If the decision is set aside and the facts

1		found in the proceedings before the Commission are
2		sufficient, the court may enter such decision as is
3		justified by law, or may remand the cause to the Commission
4		for further proceedings and may state the questions
5		requiring further hearing, and give such other
6		instructions as may be proper. Appeals shall be taken to
7		the Industrial Commission Division of the Appellate Court
8		in accordance with Supreme Court Rules 22(g) and 303.
9		Appeals shall be taken from the Industrial Commission
10		Division of the Appellate Court to the Supreme Court in
11		accordance with Supreme Court Rule 315.
12		It shall be the duty of the clerk of any court
13		rendering a decision affecting or affirming an award of the
14		Commission to promptly furnish the Commission with a copy
15		of such decision, without charge.
16		The decision of a majority of the members of the panel
17		of the Commission, shall be considered the decision of the
18		Commission.
19		(g) Except in the case of a claim against the State of
20		Illinois, either party may present a certified copy of the
21		award of the Arbitrator, or a certified copy of the decision of
22		the Commission when the same has become final, when no
23		proceedings for review are pending, providing for the payment
24		of compensation according to this Act, to the Circuit Court of
25		the county in which such exposure occurred or either of the
26		parties are residents, whereupon the court shall enter a
27		judgment in accordance therewith. In case where the employer
28		refuses to pay compensation according to such final award or
29		such final decision upon which such judgment is entered, the
30		court shall in entering judgment thereon, tax as costs against
31		him the reasonable costs and attorney fees in the arbitration
32		proceedings and in the court entering the judgment for the
33		person in whose favor the judgment is entered, which judgment
34		and costs taxed as herein provided shall, until and unless set
35		aside, have the same effect as though duly entered in an action
36		duly tried and determined by the court, and shall with like

1		effect, be entered and docketed. The Circuit Court shall have
2		power at any time upon application to make any such judgment
3		conform to any modification required by any subsequent decision
4		of the Supreme Court upon appeal, or as the result of any
5		subsequent proceedings for review, as provided in this Act.
6		Judgment shall not be entered until 15 days' notice of the
7		time and place of the application for the entry of judgment
8		shall be served upon the employer by filing such notice with
9		the Commission, which Commission shall, in case it has on file
10		the address of the employer or the name and address of its
11		agent upon whom notices may be served, immediately send a copy
12		of the notice to the employer or such designated agent.
13		(h) An agreement or award under this Act providing for
14		compensation in installments, may at any time within 18 months
15		after such agreement or award be reviewed by the Commission at
16		the request of either the employer or the employee on the
17		ground that the disability of the employee has subsequently
18		recurred, increased, diminished or ended.
19		However, as to disablements occurring subsequently to July
20		1, 1955, which are covered by any agreement or award under this
21		Act providing for compensation in installments made as a result
22		of such disablement, such agreement or award may at any time
23		within 30 months after such agreement or award be reviewed by
24		the Commission at the request of either the employer or the
25		employee on the ground that the disability of the employee has
26		subsequently recurred, increased, diminished or ended.
27		On such review compensation payments may be
28		re-established, increased, diminished or ended. The Commission
29		shall give 15 days' notice to the parties of the hearing for
30		review. Any employee, upon any petition for such review being
31		filed by the employer, shall be entitled to one day's notice
32		for each 100 miles necessary to be traveled by him in attending
33		the hearing of the Commission upon the petition, and 3 days in
34		addition thereto. Such employee shall, at the discretion of the
35		Commission, also be entitled to 5 cents per mile necessarily
36		traveled by him within the State of Illinois in attending such

1		hearing, not to exceed a distance of 300 miles, to be taxed by
2		the Commission as costs and deposited with the petition of the
3		employer.
4		When compensation which is payable in accordance with an
5		award or settlement contract approved by the Commission, is
6		ordered paid in a lump sum by the Commission, no review shall
7		be had as in this paragraph mentioned.
8		(i) Each party, upon taking any proceedings or steps
9		whatsoever before any Arbitrator, Commission or court, shall
10		file with the Commission his address, or the name and address
11		of any agent upon whom all notices to be given to such party
12		shall be served, either personally or by registered mail,
13		addressed to such party or agent at the last address so filed
14		with the Commission. In the event such party has not filed his
15		address, or the name and address of an agent as above provided,
16		service of any notice may be had by filing such notice with the
17		Commission.
18		(j) Whenever in any proceeding testimony has been taken or
19		a final decision has been rendered, and after the taking of
20		such testimony or after such decision has become final, the
21		employee dies, then in any subsequent proceeding brought by the
22		personal representative or beneficiaries of the deceased
23		employee, such testimony in the former proceeding may be
24		introduced with the same force and effect as though the witness
25		having so testified were present in person in such subsequent
26		proceedings and such final decision, if any, shall be taken as
27		final adjudication of any of the issues which are the same in
28		both proceedings.
29		(k) In any case where there has been any unreasonable or
30		vexatious delay of payment or intentional underpayment of
31		compensation, or proceedings have been instituted or carried on
32		by one liable to pay the compensation, which do not present a
33		real controversy, but are merely frivolous or for delay, then
34		the Commission may award compensation additional to that
35		otherwise payable under this Act equal to 50% of the amount
36		payable at the time of such award. Failure to pay compensation

1		in accordance with the provisions of Section 8, paragraph (b)
2		of this Act, shall be considered unreasonable delay.
3		(l) By the 15th day of each month each insurer providing
4		coverage for losses under this Act shall notify each insured
5		employer of any compensable claim incurred during the preceding
6		month and the amounts paid or reserved on the claim including a
7		summary of the claim and a brief statement of the reasons for
8		compensability. A cumulative report of all claims incurred
9		during a calendar year or continued from the previous year
10		shall be furnished to the insured employer by the insurer
11		within 30 days after the end of that calendar year.
12		The insured employer may challenge, in proceeding before
13		the Commission, payments made by the insurer without
14		arbitration and payments made after a case is determined to be
15		noncompensable. If the Commission finds that the case was not
16		compensable, the insurer shall purge its records as to that
17		employer of any loss or expense associated with the claim,
18		reimburse the employer for attorneys fee arising from the
19		challenge and for any payment required of the employer to the
20		Rate Adjustment Fund or the Second Injury Fund, and may not
21		effect the loss or expense for rate making purposes. The
22		employee shall not be required to refund the challenged
23		payment. The decision of the Commission may be reviewed in the
24		same manner as in arbitrated cases. No challenge may be
25		initiated under this paragraph more than 3 years after the
26		payment is made. An employer may waive the right of challenge
27		under this paragraph on a case by case basis.
28		(m) After filing an application for adjustment of claim but
29		prior to the hearing on arbitration the parties may voluntarily
30		agree to submit such application for adjustment of claim for
31		decision by an arbitrator under this subsection (m) where such
32		application for adjustment of claim raises only a dispute over
33		temporary total disability, permanent partial disability or
34		medical expenses. Such agreement shall be in writing in such
35		form as provided by the Commission. Applications for adjustment
36		of claim submitted for decision by an arbitrator under this

1		subsection (m) shall proceed according to rule as established
2		by the Commission. The Commission shall promulgate rules
3		including, but not limited to, rules to ensure that the parties
4		are adequately informed of their rights under this subsection
5		(m) and of the voluntary nature of proceedings under this
6		subsection (m). The findings of fact made by an arbitrator
7		acting within his or her powers under this subsection (m) in
8		the absence of fraud shall be conclusive. However, the
9		arbitrator may on his own motion, or the motion of either
10		party, correct any clerical errors or errors in computation
11		within 15 days after the date of receipt of such award of the
12		arbitrator and shall have the power to recall the original
13		award on arbitration, and issue in lieu thereof such corrected
14		award. The decision of the arbitrator under this subsection (m)
15		shall be considered the decision of the Commission and
16		proceedings for review of questions of law arising from the
17		decision may be commenced by either party pursuant to
18		subsection (f) of Section 19. The Advisory Board established
19		under Section 13.1 of the Workers' Compensation Act shall
20		compile a list of certified Commission arbitrators, each of
21		whom shall be approved by at least 7 members of the Advisory
22		Board. The chairman shall select 5 persons from such list to
23		serve as arbitrators under this subsection (m). By agreement,
24		the parties shall select one arbitrator from among the 5
25		persons selected by the chairman except, that if the parties do
26		not agree on an arbitrator from among the 5 persons, the
27		parties may, by agreement, select an arbitrator of the American
28		Arbitration Association, whose fee shall be paid by the State
29		in accordance with rules promulgated by the Commission.
30		Arbitration under this subsection (m) shall be voluntary.
31		(Source: P.A. 86-998; 87-435.)
32		(820 ILCS 310/23) (from Ch. 48, par. 172.58)
33		Sec. 23. No employee, personal representative, or
34		beneficiary shall have power to waive any of the provisions of
35		this Act in regard to the amount of compensation which may be

1		payable to such employee, personal representative or
2		beneficiary hereunder except after approval by the Commission,
3		and any employer, individually, or by his agent, service
4		company, or insurance carrier who shall enter into an agreement
5		purporting to compromise or settle the compensation rights of
6		an employee, personal representative or beneficiary without
7		first obtaining the approval of the Illinois Workers'
8		Compensation Industrial Commission as aforesaid shall be
9		barred from raising the defense of limitation in any
10		proceedings subsequently brought by such employee, personal
11		representative or beneficiary.
12		A minor death beneficiary, by parent or grandparent as next
13		friend, may compromise disputes and may enter into and submit a
14		settlement contract or lump sum petition, and upon approval by
15		the Illinois Workers' Compensation Industrial Commission such
16		settlement contract or lump sum order shall have the same force
17		and effect as though such minor had been an adult.
18		(Source: P.A. 79-78.)
19		(820 ILCS 310/26) (from Ch. 48, par. 172.61)
20		Sec. 26. No repeal of any Act or part thereof herein
21		contained shall extinguish or in any way affect any right of
22		action thereunder, existing at the time this Act takes effect.
23		No employer shall be liable for compensation or damages under
24		this Act in any case in which the disablement on which claim is
25		predicated shall have occurred prior to the date this Act
26		becomes effective. Any claims, disagreement or controversy
27		existing or arising under "An Act to promote the general
28		welfare of the people of this state by providing remedies for
29		injuries suffered or death resulting from occupational
30		diseases incurred in the course of employment; providing for
31		enforcement and administration thereof, and to repeal an Act
32		and a part of a certain Act herein named", approved March 16,
33		1936, as amended, shall be adjusted in accordance with the
34		provisions of said Act, notwithstanding the repeal thereof, or
35		may by agreement of the parties be adjusted in accordance with

1		the method of procedure provided in this Act for the adjustment
2		of differences, jurisdiction to adjust such differences so
3		submitted by the parties being hereby conferred upon the
4		Commission. Nothing in this section shall affect any case in
5		which exposure as defined in this Act shall have taken place
6		after the effective date of this Act.
7		The Attorney General and the State's Attorney of each
8		county, upon request of the Illinois Workers' Compensation
9		Industrial Commission, shall enforce any penalties set forth in
10		this Act.
11		(Source: P.A. 83-1125.)

12		Section 80. The Unemployment Insurance Act is amended by
13		changing Section 1900 as follows:
14		(820 ILCS 405/1900) (from Ch. 48, par. 640)
15		Sec. 1900. Disclosure of information.
16		A. Except as provided in this Section, information obtained
17		from any individual or employing unit during the administration
18		of this Act shall:
19		1. be confidential,
20		2. not be published or open to public inspection,
21		3. not be used in any court in any pending action or
22		proceeding,
23		4. not be admissible in evidence in any action or
24		proceeding other than one arising out of this Act.
25		B. No finding, determination, decision, ruling or order
26		(including any finding of fact, statement or conclusion made
27		therein) issued pursuant to this Act shall be admissible or
28		used in evidence in any action other than one arising out of
29		this Act, nor shall it be binding or conclusive except as
30		provided in this Act, nor shall it constitute res judicata,
31		regardless of whether the actions were between the same or
32		related parties or involved the same facts.
33		C. Any officer or employee of this State, any officer or
34		employee of any entity authorized to obtain information

1		pursuant to this Section, and any agent of this State or of
2		such entity who, except with authority of the Director under
3		this Section, shall disclose information shall be guilty of a
4		Class B misdemeanor and shall be disqualified from holding any
5		appointment or employment by the State.
6		D. An individual or his duly authorized agent may be
7		supplied with information from records only to the extent
8		necessary for the proper presentation of his claim for benefits
9		or with his existing or prospective rights to benefits.
10		Discretion to disclose this information belongs solely to the
11		Director and is not subject to a release or waiver by the
12		individual. Notwithstanding any other provision to the
13		contrary, an individual or his or her duly authorized agent may
14		be supplied with a statement of the amount of benefits paid to
15		the individual during the 18 months preceding the date of his
16		or her request.
17		E. An employing unit may be furnished with information,
18		only if deemed by the Director as necessary to enable it to
19		fully discharge its obligations or safeguard its rights under
20		the Act. Discretion to disclose this information belongs solely
21		to the Director and is not subject to a release or waiver by
22		the employing unit.
23		F. The Director may furnish any information that he may
24		deem proper to any public officer or public agency of this or
25		any other State or of the federal government dealing with:
26		1. the administration of relief,
27		2. public assistance,
28		3. unemployment compensation,
29		4. a system of public employment offices,
30		5. wages and hours of employment, or
31		6. a public works program.
32		The Director may make available to the Illinois Workers'
33		Compensation Industrial Commission information regarding
34		employers for the purpose of verifying the insurance coverage
35		required under the Workers' Compensation Act and Workers'
36		Occupational Diseases Act.

1		G. The Director may disclose information submitted by the
2		State or any of its political subdivisions, municipal
3		corporations, instrumentalities, or school or community
4		college districts, except for information which specifically
5		identifies an individual claimant.
6		H. The Director shall disclose only that information
7		required to be disclosed under Section 303 of the Social
8		Security Act, as amended, including:
9		1. any information required to be given the United
10		States Department of Labor under Section 303(a)(6); and
11		2. the making available upon request to any agency of
12		the United States charged with the administration of public
13		works or assistance through public employment, the name,
14		address, ordinary occupation and employment status of each
15		recipient of unemployment compensation, and a statement of
16		such recipient's right to further compensation under such
17		law as required by Section 303(a)(7); and
18		3. records to make available to the Railroad Retirement
19		Board as required by Section 303(c)(1); and
20		4. information that will assure reasonable cooperation
21		with every agency of the United States charged with the
22		administration of any unemployment compensation law as
23		required by Section 303(c)(2); and
24		5. information upon request and on a reimbursable basis
25		to the United States Department of Agriculture and to any
26		State food stamp agency concerning any information
27		required to be furnished by Section 303(d); and
28		6. any wage information upon request and on a
29		reimbursable basis to any State or local child support
30		enforcement agency required by Section 303(e); and
31		7. any information required under the income
32		eligibility and verification system as required by Section
33		303(f); and
34		8. information that might be useful in locating an
35		absent parent or that parent's employer, establishing
36		paternity or establishing, modifying, or enforcing child

1		support orders for the purpose of a child support
2		enforcement program under Title IV of the Social Security
3		Act upon the request of and on a reimbursable basis to the
4		public agency administering the Federal Parent Locator
5		Service as required by Section 303(h); and
6		9. information, upon request, to representatives of
7		any federal, State or local governmental public housing
8		agency with respect to individuals who have signed the
9		appropriate consent form approved by the Secretary of
10		Housing and Urban Development and who are applying for or
11		participating in any housing assistance program
12		administered by the United States Department of Housing and
13		Urban Development as required by Section 303(i).
14		I. The Director, upon the request of a public agency of
15		Illinois, of the federal government or of any other state
16		charged with the investigation or enforcement of Section 10-5
17		of the Criminal Code of 1961 (or a similar federal law or
18		similar law of another State), may furnish the public agency
19		information regarding the individual specified in the request
20		as to:
21		1. the current or most recent home address of the
22		individual, and
23		2. the names and addresses of the individual's
24		employers.
25		J. Nothing in this Section shall be deemed to interfere
26		with the disclosure of certain records as provided for in
27		Section 1706 or with the right to make available to the
28		Internal Revenue Service of the United States Department of the
29		Treasury, or the Department of Revenue of the State of
30		Illinois, information obtained under this Act.
31		K. The Department shall make available to the Illinois
32		Student Assistance Commission, upon request, information in
33		the possession of the Department that may be necessary or
34		useful to the Commission in the collection of defaulted or
35		delinquent student loans which the Commission administers.
36		L. The Department shall make available to the State

1		Employees' Retirement System, the State Universities
2		Retirement System, and the Teachers' Retirement System of the
3		State of Illinois, upon request, information in the possession
4		of the Department that may be necessary or useful to the System
5		for the purpose of determining whether any recipient of a
6		disability benefit from the System is gainfully employed.
7		M. This Section shall be applicable to the information
8		obtained in the administration of the State employment service,
9		except that the Director may publish or release general labor
10		market information and may furnish information that he may deem
11		proper to an individual, public officer or public agency of
12		this or any other State or the federal government (in addition
13		to those public officers or public agencies specified in this
14		Section) as he prescribes by Rule.
15		N. The Director may require such safeguards as he deems
16		proper to insure that information disclosed pursuant to this
17		Section is used only for the purposes set forth in this
18		Section.
19		O. (Blank).
20		P. Within 30 days after the effective date of this
21		amendatory Act of 1993 and annually thereafter, the Department
22		shall provide to the Department of Financial Institutions a
23		list of individuals or entities that, for the most recently
24		completed calendar year, report to the Department as paying
25		wages to workers. The lists shall be deemed confidential and
26		may not be disclosed to any other person.
27		Q. The Director shall make available to an elected federal
28		official the name and address of an individual or entity that
29		is located within the jurisdiction from which the official was
30		elected and that, for the most recently completed calendar
31		year, has reported to the Department as paying wages to
32		workers, where the information will be used in connection with
33		the official duties of the official and the official requests
34		the information in writing, specifying the purposes for which
35		it will be used. For purposes of this subsection, the use of
36		information in connection with the official duties of an

1		official does not include use of the information in connection
2		with the solicitation of contributions or expenditures, in
3		money or in kind, to or on behalf of a candidate for public or
4		political office or a political party or with respect to a
5		public question, as defined in Section 1-3 of the Election
6		Code, or in connection with any commercial solicitation. Any
7		elected federal official who, in submitting a request for
8		information covered by this subsection, knowingly makes a false
9		statement or fails to disclose a material fact, with the intent
10		to obtain the information for a purpose not authorized by this
11		subsection, shall be guilty of a Class B misdemeanor.
12		R. The Director may provide to any State or local child
13		support agency, upon request and on a reimbursable basis,
14		information that might be useful in locating an absent parent
15		or that parent's employer, establishing paternity, or
16		establishing, modifying, or enforcing child support orders.
17		S. The Department shall make available to a State's
18		Attorney of this State or a State's Attorney's investigator,
19		upon request, the current address or, if the current address is
20		unavailable, current employer information, if available, of a
21		victim of a felony or a witness to a felony or a person against
22		whom an arrest warrant is outstanding.
23		(Source: P.A. 93-311, eff. 1-1-04.)