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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | ||||||||||||||||||||||||||||||
5 | changing Sections 1, 11, 13, and 14 as follows:
| ||||||||||||||||||||||||||||||
6 | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
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7 | Sec. 1. This Act may be cited as the Workers' Compensation | ||||||||||||||||||||||||||||||
8 | Act.
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9 | (a) The term "employer" as used in this Act means:
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10 | 1. The State and each county, city, town, township, | ||||||||||||||||||||||||||||||
11 | incorporated
village, school district, body politic, or | ||||||||||||||||||||||||||||||
12 | municipal corporation
therein.
| ||||||||||||||||||||||||||||||
13 | 2. Every person, firm, public or private corporation, | ||||||||||||||||||||||||||||||
14 | including
hospitals, public service, eleemosynary, religious | ||||||||||||||||||||||||||||||
15 | or charitable
corporations or associations who has any person | ||||||||||||||||||||||||||||||
16 | in service or under any
contract for hire, express or implied, | ||||||||||||||||||||||||||||||
17 | oral or written, and who is
engaged in any of the enterprises | ||||||||||||||||||||||||||||||
18 | or businesses enumerated in Section 3
of this Act, or who at or | ||||||||||||||||||||||||||||||
19 | prior to the time of the accident to the
employee for which | ||||||||||||||||||||||||||||||
20 | compensation under this Act may be claimed, has in
the manner | ||||||||||||||||||||||||||||||
21 | provided in this Act elected to become subject to the
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22 | provisions of this Act, and who has not, prior to such | ||||||||||||||||||||||||||||||
23 | accident,
effected a withdrawal of such election in the manner |
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| |||||||
1 | provided in this Act.
| ||||||
2 | 3. Any one engaging in any business or enterprise referred | ||||||
3 | to in
subsections 1 and 2 of Section 3 of this Act who | ||||||
4 | undertakes to do any
work enumerated therein, is liable to pay | ||||||
5 | compensation to his own
immediate employees in accordance with | ||||||
6 | the provisions of this Act, and
in addition thereto if he | ||||||
7 | directly or indirectly engages any contractor
whether | ||||||
8 | principal or sub-contractor to do any such work, he is liable | ||||||
9 | to
pay compensation to the employees of any such contractor or
| ||||||
10 | sub-contractor unless such contractor or sub-contractor has | ||||||
11 | insured, in
any company or association authorized under the | ||||||
12 | laws of this State to
insure the liability to pay compensation | ||||||
13 | under this Act, or guaranteed
his liability to pay such | ||||||
14 | compensation. With respect to any time
limitation on the filing | ||||||
15 | of claims provided by this Act, the timely
filing of a claim | ||||||
16 | against a contractor or subcontractor, as the case may
be, | ||||||
17 | shall be deemed to be a timely filing with respect to all | ||||||
18 | persons
upon whom liability is imposed by this paragraph.
| ||||||
19 | In the event any such person pays compensation under this | ||||||
20 | subsection
he may recover the amount thereof from the | ||||||
21 | contractor or sub-contractor,
if any, and in the event the | ||||||
22 | contractor pays compensation under this
subsection he may | ||||||
23 | recover the amount thereof from the sub-contractor, if any.
| ||||||
24 | This subsection does not apply in any case where the | ||||||
25 | accident occurs
elsewhere than on, in or about the immediate | ||||||
26 | premises on which the
principal has contracted that the work be |
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| |||||||
1 | done.
| ||||||
2 | 4. Where an employer operating under and subject to the | ||||||
3 | provisions
of this Act loans an employee to another such | ||||||
4 | employer and such loaned
employee sustains a compensable | ||||||
5 | accidental injury in the employment of
such borrowing employer | ||||||
6 | and where such borrowing employer does not
provide or pay the | ||||||
7 | benefits or payments due such injured employee, such
loaning | ||||||
8 | employer is liable to provide or pay all benefits or payments
| ||||||
9 | due such employee under this Act and as to such employee the | ||||||
10 | liability
of such loaning and borrowing employers is joint and | ||||||
11 | several, provided
that such loaning employer is in the absence | ||||||
12 | of agreement to the
contrary entitled to receive from such | ||||||
13 | borrowing employer full
reimbursement for all sums paid or | ||||||
14 | incurred pursuant to this paragraph
together with reasonable | ||||||
15 | attorneys' fees and expenses in any hearings
before the | ||||||
16 | Illinois Workers' Compensation Commission or in any action to | ||||||
17 | secure such
reimbursement. Where any benefit is provided or | ||||||
18 | paid by such loaning
employer the employee has the duty of | ||||||
19 | rendering reasonable cooperation
in any hearings, trials or | ||||||
20 | proceedings in the case, including such
proceedings for | ||||||
21 | reimbursement.
| ||||||
22 | Where an employee files an Application for Adjustment of | ||||||
23 | Claim with
the Illinois Workers' Compensation
Commission | ||||||
24 | alleging that his claim is covered by the
provisions of the | ||||||
25 | preceding paragraph, and joining both the alleged
loaning and | ||||||
26 | borrowing employers, they and each of them, upon written
demand |
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| |||||||
1 | by the employee and within 7 days after receipt of such demand,
| ||||||
2 | shall have the duty of filing with the Illinois Workers' | ||||||
3 | Compensation Commission a written
admission or denial of the | ||||||
4 | allegation that the claim is covered by the
provisions of the | ||||||
5 | preceding paragraph and in default of such filing or
if any | ||||||
6 | such denial be ultimately determined not to have been bona fide
| ||||||
7 | then the provisions of Paragraph K of Section 19 of this Act | ||||||
8 | shall apply.
| ||||||
9 | An employer whose business or enterprise or a substantial | ||||||
10 | part
thereof consists of hiring, procuring or furnishing | ||||||
11 | employees to or for
other employers operating under and subject | ||||||
12 | to the provisions of this
Act for the performance of the work | ||||||
13 | of such other employers and who pays
such employees their | ||||||
14 | salary or wages notwithstanding that they are doing
the work of | ||||||
15 | such other employers shall be deemed a loaning employer
within | ||||||
16 | the meaning and provisions of this Section.
| ||||||
17 | (b) The term "employee" as used in this Act means:
| ||||||
18 | 1. Every person in the service of the State, including | ||||||
19 | members of
the General Assembly, members of the Commerce | ||||||
20 | Commission, members of the
Illinois Workers' Compensation | ||||||
21 | Commission, and all persons in the service of the University
of | ||||||
22 | Illinois, county, including deputy sheriffs and assistant | ||||||
23 | state's
attorneys, city, town, township, incorporated village | ||||||
24 | or school
district, body politic, or municipal corporation | ||||||
25 | therein, whether by
election, under appointment or contract of | ||||||
26 | hire, express or implied,
oral or written, including all |
| |||||||
| |||||||
1 | members of the Illinois National Guard
while on active duty in | ||||||
2 | the service of the State, and all probation
personnel of the | ||||||
3 | Juvenile Court appointed pursuant to Article VI
of the Juvenile | ||||||
4 | Court Act of 1987, and including any official of the
State, any | ||||||
5 | county, city, town, township, incorporated village, school
| ||||||
6 | district, body politic or municipal corporation therein except | ||||||
7 | any duly
appointed member of a police department in any city | ||||||
8 | whose
population exceeds 200,000 according to the last Federal | ||||||
9 | or State
census, and except any member of a fire insurance | ||||||
10 | patrol maintained by a
board of underwriters in this State. A | ||||||
11 | duly appointed member of a fire
department in any city, the | ||||||
12 | population of which exceeds 200,000 according
to the last | ||||||
13 | federal or State census, is an employee under this Act only
| ||||||
14 | with respect to claims brought under paragraph (c) of Section | ||||||
15 | 8.
| ||||||
16 | One employed by a contractor who has contracted with the | ||||||
17 | State, or a
county, city, town, township, incorporated village, | ||||||
18 | school district,
body politic or municipal corporation | ||||||
19 | therein, through its
representatives, is not considered as an | ||||||
20 | employee of the State, county,
city, town, township, | ||||||
21 | incorporated village, school district, body
politic or | ||||||
22 | municipal corporation which made the contract.
| ||||||
23 | 2. Every person in the service of another under any | ||||||
24 | contract of
hire, express or implied, oral or written, | ||||||
25 | including persons whose
employment is outside of the State of | ||||||
26 | Illinois where the contract of
hire is made within the State of |
| |||||||
| |||||||
1 | Illinois, persons whose employment
results in fatal or | ||||||
2 | non-fatal injuries within the State of Illinois
where the | ||||||
3 | contract of hire is made outside of the State of Illinois, and
| ||||||
4 | persons whose employment is principally localized within the | ||||||
5 | State of
Illinois, regardless of the place of the accident or | ||||||
6 | the place where the
contract of hire was made, and including | ||||||
7 | aliens, and minors who, for the
purpose of this Act are | ||||||
8 | considered the same and have the same power to
contract, | ||||||
9 | receive payments and give quittances therefor, as adult | ||||||
10 | employees.
| ||||||
11 | 3. Every sole proprietor and every partner of a business | ||||||
12 | may elect to
be covered by this Act.
| ||||||
13 | An employee or his dependents under this Act who shall have | ||||||
14 | a cause
of action by reason of any injury, disablement or death | ||||||
15 | arising out of
and in the course of his employment may elect to | ||||||
16 | pursue his remedy in
the State where injured or disabled, or in | ||||||
17 | the State where the contract
of hire is made, or in the State | ||||||
18 | where the employment is principally
localized.
| ||||||
19 | However, any employer may elect to provide and pay | ||||||
20 | compensation to
any employee other than those engaged in the | ||||||
21 | usual course of the trade,
business, profession or occupation | ||||||
22 | of the employer by complying with
Sections 2 and 4 of this Act. | ||||||
23 | Employees are not included within the
provisions of this Act | ||||||
24 | when excluded by the laws of the United States
relating to | ||||||
25 | liability of employers to their employees for personal
injuries | ||||||
26 | where such laws are held to be exclusive.
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| |||||||
1 | The term "employee" does not include persons performing | ||||||
2 | services as real
estate broker, broker-salesman, or salesman | ||||||
3 | when such persons are paid by
commission only.
| ||||||
4 | (c) "Commission" means the Industrial Commission created | ||||||
5 | by Section
5 of "The Civil Administrative Code of Illinois", | ||||||
6 | approved March 7,
1917, as amended, or the Illinois Workers' | ||||||
7 | Compensation Commission created by Section 13 of
this Act.
| ||||||
8 | (d) "Injury" means an injury that has arisen out of and in | ||||||
9 | the course of employment. An injury by accident is compensable | ||||||
10 | only if the accident was the prevailing factor in causing both | ||||||
11 | the resulting medical condition and disability. "Prevailing | ||||||
12 | factor" means the primary factor, in relation to any other | ||||||
13 | factor, causing both the resulting medical condition and | ||||||
14 | disability. | ||||||
15 | (1) An injury is deemed to arise out of and in the | ||||||
16 | course of the employment only if: | ||||||
17 | (A) it is reasonably apparent, upon consideration | ||||||
18 | of all the circumstances, that the accident is the | ||||||
19 | prevailing factor in causing the injury; and | ||||||
20 | (B) it does not come from a hazard or risk | ||||||
21 | unrelated to the employment to which workers would have | ||||||
22 | been equally exposed outside of and unrelated to the | ||||||
23 | employment in normal nonemployment life. | ||||||
24 | (2) An injury resulting directly or indirectly from | ||||||
25 | idiopathic causes is not compensable. | ||||||
26 | (Source: P.A. 93-721, eff. 1-1-05.)
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| |||||||
1 | (820 ILCS 305/11) (from Ch. 48, par. 138.11)
| ||||||
2 | Sec. 11. The compensation herein provided, together with | ||||||
3 | the
provisions of this Act, shall be the measure of the | ||||||
4 | responsibility of
any employer engaged in any of the | ||||||
5 | enterprises or businesses enumerated
in Section 3 of this Act, | ||||||
6 | or of any employer who is not engaged in any
such enterprises | ||||||
7 | or businesses, but who has elected to provide and pay
| ||||||
8 | compensation for accidental injuries sustained by any employee | ||||||
9 | arising
out of and in the course of the employment according to | ||||||
10 | the provisions
of this Act, and whose election to continue | ||||||
11 | under this Act, has not been
nullified by any action of his | ||||||
12 | employees as provided for in this Act.
| ||||||
13 | Accidental injuries incurred while participating in | ||||||
14 | voluntary recreational
programs including but not limited to | ||||||
15 | athletic events, parties and picnics
do not arise out of and in | ||||||
16 | the course of the employment even though the
employer pays some | ||||||
17 | or all of the cost thereof. This exclusion shall not apply
in | ||||||
18 | the event that the injured employee was ordered or assigned by | ||||||
19 | his employer
to participate in the program.
| ||||||
20 | Accidental injuries incurred while participating as a | ||||||
21 | patient in a drug
or alcohol rehabilitation program do not | ||||||
22 | arise out of and in the course
of employment even though the | ||||||
23 | employer pays some or all of the costs thereof. | ||||||
24 | Any injury to or disease or death of an employee arising | ||||||
25 | from the administration of a vaccine, including without |
| |||||||
| |||||||
1 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
2 | to, a threatened or potential bioterrorist incident to the | ||||||
3 | employee as part of a voluntary inoculation program in | ||||||
4 | connection with the person's employment or in connection with | ||||||
5 | any governmental program or recommendation for the inoculation | ||||||
6 | of workers in the employee's occupation, geographical area, or | ||||||
7 | other category that includes the employee is deemed to arise | ||||||
8 | out of and in the course of the employment for all purposes | ||||||
9 | under this Act. This paragraph added by this amendatory Act of | ||||||
10 | the 93rd General Assembly is declarative of existing law and is | ||||||
11 | not a new enactment.
| ||||||
12 | No compensation shall be payable if the injury was caused | ||||||
13 | primarily by the intoxication of the employee, or if the injury | ||||||
14 | was caused by the influence of alcohol or any narcotic drugs, | ||||||
15 | barbiturates, or other stimulants not prescribed by a | ||||||
16 | physician, or by the combined influence of alcohol and any | ||||||
17 | other drug or drugs that affected the employee to such an | ||||||
18 | extent that the intoxication constituted a departure from | ||||||
19 | employment. Evidence of the concentration of alcohol or a drug | ||||||
20 | or combination thereof in a person's blood or breath at the | ||||||
21 | time alleged, as determined by analysis of the person's blood, | ||||||
22 | urine, breath, or other bodily substance, shall be admissible | ||||||
23 | in any hearing to determine compensability. If the employee | ||||||
24 | refuses to submit to such analysis, it shall be presumed, in | ||||||
25 | the absence of substantial evidence to the contrary, that the | ||||||
26 | accident was caused by the intoxication of the employee. If |
| |||||||
| |||||||
1 | there was at the time of the injury 0.08% or more by weight of | ||||||
2 | alcohol in the employee's blood or breath or there is any | ||||||
3 | amount of a drug, substance or compound in the person's breath, | ||||||
4 | blood, or urine resulting from the unlawful use or consumption | ||||||
5 | of cannabis listed in the Cannabis Control Act, a controlled | ||||||
6 | substance listed in the Illinois Controlled Substances Act, or | ||||||
7 | an intoxicating compound listed in the Use of Intoxicating | ||||||
8 | Compounds Act, it shall be presumed, in the absence of | ||||||
9 | substantial evidence to the contrary, that the injury was | ||||||
10 | caused by the intoxication of the employee. Percentage by | ||||||
11 | weight of alcohol in the blood shall be based upon grams of | ||||||
12 | alcohol per 100 milliliters of blood. Percentage by weight of | ||||||
13 | alcohol in the breath shall be based upon grams of alcohol per | ||||||
14 | 210 liters of breath. | ||||||
15 | The employee shall notify the employer of the prescription | ||||||
16 | of any narcotic drug that may adversely affect the employee's | ||||||
17 | ability to safely perform his or her job duties prior to the | ||||||
18 | start of any job duties. | ||||||
19 | (Source: P.A. 93-829, eff. 7-28-04.)
| ||||||
20 | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
| ||||||
21 | Sec. 13. There is created an Illinois Workers' Compensation | ||||||
22 | Commission consisting of 10
members to be appointed by the | ||||||
23 | Governor, by and with the consent of the
Senate, 3 of whom | ||||||
24 | shall be representative citizens of the
employing class | ||||||
25 | operating under this Act and 3 of whom shall
be representative |
| |||||||
| |||||||
1 | citizens of the class of employees covered under this
Act, and | ||||||
2 | 4 of whom shall be representative citizens not identified
with | ||||||
3 | either the employing or employee classes. Not more than 6 | ||||||
4 | members
of the Commission shall be of the same political party.
| ||||||
5 | One of the
members not identified with either the employing | ||||||
6 | or employee classes shall
be designated by the Governor as | ||||||
7 | Chairman. The Chairman shall be the chief
administrative and | ||||||
8 | executive officer of the Commission; and he or she shall
have | ||||||
9 | general supervisory authority over all personnel of the | ||||||
10 | Commission,
including arbitrators and Commissioners, and the | ||||||
11 | final authority in all
administrative matters relating to the | ||||||
12 | Commissioners, including but not
limited to the assignment and | ||||||
13 | distribution of cases and assignment of
Commissioners to the | ||||||
14 | panels, except in the promulgation of procedural rules
and | ||||||
15 | orders under Section 16 and in the determination of cases under | ||||||
16 | this Act.
| ||||||
17 | Notwithstanding the general supervisory authority of the | ||||||
18 | Chairman, each
Commissioner, except those assigned to the | ||||||
19 | temporary panel, shall have the
authority to hire and supervise | ||||||
20 | 2 staff attorneys each. Such staff attorneys
shall report | ||||||
21 | directly to the individual Commissioner.
| ||||||
22 | A formal training program for newly-appointed | ||||||
23 | Commissioners shall be
implemented. The training program shall | ||||||
24 | include the following:
| ||||||
25 | (a) substantive and procedural aspects of the office of | ||||||
26 | Commissioner;
|
| |||||||
| |||||||
1 | (b) current issues in workers' compensation law and | ||||||
2 | practice;
| ||||||
3 | (c) medical lectures by specialists in areas such as | ||||||
4 | orthopedics,
ophthalmology, psychiatry, rehabilitation | ||||||
5 | counseling;
| ||||||
6 | (d) orientation to each operational unit of the | ||||||
7 | Illinois Workers' Compensation Commission;
| ||||||
8 | (e) observation of experienced arbitrators and | ||||||
9 | Commissioners conducting
hearings of cases, combined with | ||||||
10 | the opportunity to discuss evidence
presented and rulings | ||||||
11 | made;
| ||||||
12 | (f) the use of hypothetical cases requiring the | ||||||
13 | newly-appointed
Commissioner to issue judgments as a means | ||||||
14 | to evaluating knowledge and
writing ability;
| ||||||
15 | (g) writing skills.
| ||||||
16 | A formal and ongoing professional development program | ||||||
17 | including, but not
limited to, the above-noted areas shall be | ||||||
18 | implemented to keep
Commissioners informed of recent | ||||||
19 | developments and issues and to assist them
in maintaining and | ||||||
20 | enhancing their professional competence.
| ||||||
21 | The Commissioner candidates, other than the Chairman, must | ||||||
22 | meet one of
the following qualifications: (a) licensed to | ||||||
23 | practice law in the State of
Illinois; or (b) served as an | ||||||
24 | arbitrator at the Illinois Workers' Compensation
Commission | ||||||
25 | for at least 3 years; or (c) has at least 4 years of
| ||||||
26 | professional labor relations experience. The Chairman |
| |||||||
| |||||||
1 | candidate must have
public or private sector management and | ||||||
2 | budget experience, as determined
by the Governor.
| ||||||
3 | Each Commissioner shall devote full time to his duties and | ||||||
4 | any
Commissioner who is an attorney-at-law shall not engage in | ||||||
5 | the practice
of law, nor shall any Commissioner hold any other | ||||||
6 | office or position of
profit under the United States or this | ||||||
7 | State or any municipal
corporation or political subdivision of | ||||||
8 | this State, nor engage in any other
business, employment, or | ||||||
9 | vocation. | ||||||
10 | Commissioners shall weigh the evidence impartially without | ||||||
11 | giving the benefit of the doubt to any party when weighing | ||||||
12 | evidence and resolving factual conflicts.
| ||||||
13 | The term of office of each member of the Commission holding | ||||||
14 | office on
the effective date of this amendatory Act of 1989 is | ||||||
15 | abolished, but
the incumbents shall continue to exercise all of | ||||||
16 | the powers and be subject
to all of the duties of Commissioners | ||||||
17 | until their respective successors are
appointed and qualified.
| ||||||
18 | The Illinois Workers' Compensation Commission shall | ||||||
19 | administer this Act.
| ||||||
20 | In the promulgation of procedural rules, the determination | ||||||
21 | of cases heard en banc, and other matters determined by the | ||||||
22 | full Commission, the Chairman's vote shall break a tie in the | ||||||
23 | event of a tie vote.
| ||||||
24 | The members shall be appointed by the Governor, with the | ||||||
25 | advice and
consent of the Senate, as follows:
| ||||||
26 | (a) After the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | 1989, 3
members, at least one of
each political party, and | ||||||
2 | one of whom shall be a representative citizen
of the | ||||||
3 | employing class operating under this Act, one of whom shall | ||||||
4 | be
a representative citizen of the class of employees | ||||||
5 | covered under this
Act, and one of whom shall be a | ||||||
6 | representative citizen not identified
with either the | ||||||
7 | employing or employee classes, shall be appointed
to hold | ||||||
8 | office until the third Monday in January of 1993, and until | ||||||
9 | their
successors are appointed and qualified, and 4 | ||||||
10 | members, one of whom shall be
a representative citizen of | ||||||
11 | the employing class operating under this Act,
one of whom | ||||||
12 | shall be a representative citizen of the class of employees
| ||||||
13 | covered in this Act, and two of whom shall be | ||||||
14 | representative citizens not
identified with either the | ||||||
15 | employing or employee classes, one of whom shall
be | ||||||
16 | designated by the Governor as Chairman (at least one of | ||||||
17 | each of the two
major political parties) shall be appointed | ||||||
18 | to hold office until the third
Monday of January in 1991, | ||||||
19 | and until their successors are appointed and
qualified.
| ||||||
20 | (a-5) Notwithstanding any other provision of this | ||||||
21 | Section,
the term of each member of the Commission
who was | ||||||
22 | appointed by the Governor and is in office on June 30, 2003 | ||||||
23 | shall
terminate at the close of business on that date or | ||||||
24 | when all of the successor
members to be appointed pursuant | ||||||
25 | to this amendatory Act of the 93rd General
Assembly have | ||||||
26 | been appointed by the Governor, whichever occurs later. As |
| |||||||
| |||||||
1 | soon
as possible, the Governor shall appoint persons to | ||||||
2 | fill the vacancies created
by this amendatory Act. Of the | ||||||
3 | initial commissioners appointed pursuant to
this | ||||||
4 | amendatory Act of the 93rd General Assembly, 3 shall be | ||||||
5 | appointed for
terms ending on the third Monday in January, | ||||||
6 | 2005, and 4 shall be appointed
for terms ending on the | ||||||
7 | third Monday in January, 2007.
| ||||||
8 | (a-10) After the effective date of this amendatory Act | ||||||
9 | of the 94th General Assembly, the Commission shall be | ||||||
10 | increased to 10 members. As soon as possible after the | ||||||
11 | effective date of this amendatory Act of the 94th General | ||||||
12 | Assembly, the Governor shall appoint, by and with the | ||||||
13 | consent of the
Senate, the 3 members added to the | ||||||
14 | Commission under this amendatory Act of the 94th General | ||||||
15 | Assembly, one of whom shall be a representative citizen of | ||||||
16 | the employing class operating under this Act, one of whom | ||||||
17 | shall be a representative of the class of employees covered | ||||||
18 | under this Act, and one of whom shall be a representative | ||||||
19 | citizen not identified with either the employing or | ||||||
20 | employee classes. Of the members appointed under this | ||||||
21 | amendatory Act of the 94th General Assembly, one shall be | ||||||
22 | appointed for a term ending on the third Monday in January, | ||||||
23 | 2007, and 2 shall be appointed for terms ending on the | ||||||
24 | third Monday in January, 2009, and until their successors | ||||||
25 | are appointed and qualified.
| ||||||
26 | (b) Members shall thereafter be appointed to hold |
| |||||||
| |||||||
1 | office for terms of 4
years from the third Monday in | ||||||
2 | January of the year of their appointment,
and until their | ||||||
3 | successors are appointed and qualified. All such
| ||||||
4 | appointments shall be made so that the composition of the | ||||||
5 | Commission is in
accordance with the provisions of the | ||||||
6 | first paragraph of this Section.
| ||||||
7 | The Chairman shall receive an annual salary of $42,500, or
| ||||||
8 | a salary set by the Compensation Review Board, whichever is | ||||||
9 | greater,
and each other member shall receive an annual salary | ||||||
10 | of $38,000, or a
salary set by the Compensation Review Board, | ||||||
11 | whichever is greater.
| ||||||
12 | In case of a vacancy in the office of a Commissioner during | ||||||
13 | the
recess of the Senate, the Governor shall make a temporary | ||||||
14 | appointment
until the next meeting of the Senate, when he shall | ||||||
15 | nominate some person
to fill such office. Any person so | ||||||
16 | nominated who is confirmed by the
Senate shall hold office | ||||||
17 | during the remainder of the term and until his
successor is | ||||||
18 | appointed and qualified.
| ||||||
19 | The Illinois Workers' Compensation Commission created by | ||||||
20 | this amendatory Act of 1989
shall succeed to all the rights, | ||||||
21 | powers, duties, obligations, records
and other property and | ||||||
22 | employees of the Industrial Commission which it
replaces as | ||||||
23 | modified by this amendatory Act of 1989 and all applications
| ||||||
24 | and reports to actions and proceedings of such prior Industrial | ||||||
25 | Commission
shall be considered as applications and reports to | ||||||
26 | actions and proceedings
of the Illinois Workers' Compensation |
| |||||||
| |||||||
1 | Commission created by this amendatory Act of 1989.
| ||||||
2 | Notwithstanding any other provision of this Act, in the | ||||||
3 | event the
Chairman shall make a finding that a member is or | ||||||
4 | will be unavailable to
fulfill the responsibilities of his or | ||||||
5 | her office, the Chairman shall
advise the Governor and the | ||||||
6 | member in writing and shall designate a
certified arbitrator to | ||||||
7 | serve as acting Commissioner. The certified
arbitrator shall | ||||||
8 | act as a Commissioner until the member resumes the duties
of | ||||||
9 | his or her office or until a new member is appointed by the | ||||||
10 | Governor, by
and with the consent of the Senate, if a vacancy | ||||||
11 | occurs in the office of
the Commissioner, but in no event shall | ||||||
12 | a certified arbitrator serve in the
capacity of Commissioner | ||||||
13 | for more than 6 months from the date of
appointment by the | ||||||
14 | Chairman. A finding by the Chairman that a member is or
will be | ||||||
15 | unavailable to fulfill the responsibilities of his or her | ||||||
16 | office
shall be based upon notice to the Chairman by a member | ||||||
17 | that he or she will
be unavailable or facts and circumstances | ||||||
18 | made known to the Chairman which
lead him to reasonably find | ||||||
19 | that a member is unavailable to fulfill the
responsibilities of | ||||||
20 | his or her office. The designation of a certified
arbitrator to | ||||||
21 | act as a Commissioner shall be considered representative of
| ||||||
22 | citizens not identified with either the employing or employee | ||||||
23 | classes and
the arbitrator shall serve regardless of his or her | ||||||
24 | political affiliation.
A certified arbitrator who serves as an | ||||||
25 | acting Commissioner shall have all
the rights and powers of a | ||||||
26 | Commissioner, including salary.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Act, the | ||||||
2 | Governor shall appoint
a special panel of Commissioners | ||||||
3 | comprised of 3 members who shall be chosen
by the Governor, by | ||||||
4 | and with the consent of the Senate, from among the
current | ||||||
5 | ranks of certified arbitrators. Three members shall hold office
| ||||||
6 | until the Commission in consultation with the Governor | ||||||
7 | determines that the
caseload on review has been reduced | ||||||
8 | sufficiently to allow cases to proceed
in a timely manner or | ||||||
9 | for a term of 18 months from the effective date of
their | ||||||
10 | appointment by the Governor, whichever shall be earlier. The 3
| ||||||
11 | members shall be considered representative of citizens not | ||||||
12 | identified with
either the employing or employee classes and | ||||||
13 | shall serve regardless of
political affiliation. Each of the 3 | ||||||
14 | members shall have only such rights
and powers of a | ||||||
15 | Commissioner necessary to dispose of those cases assigned
to | ||||||
16 | the special panel. Each of the 3 members appointed to the | ||||||
17 | special panel
shall receive the same salary as other | ||||||
18 | Commissioners for the duration of
the panel.
| ||||||
19 | The Commission may have an Executive Director; if so, the | ||||||
20 | Executive
Director shall be appointed by the Governor with the | ||||||
21 | advice and consent of the
Senate. The salary and duties of the | ||||||
22 | Executive Director shall be fixed by the
Commission.
| ||||||
23 | On the effective date of this amendatory Act of
the 93rd | ||||||
24 | General Assembly, the name of the Industrial Commission is | ||||||
25 | changed to the Illinois Workers' Compensation Commission. | ||||||
26 | References in any law, appropriation, rule, form, or other
|
| |||||||
| |||||||
1 | document: (i) to the Industrial Commission
are deemed, in | ||||||
2 | appropriate contexts, to be references to the Illinois Workers' | ||||||
3 | Compensation Commission for all purposes; (ii) to the | ||||||
4 | Industrial Commission Operations Fund
are deemed, in | ||||||
5 | appropriate contexts, to be references to the Illinois Workers' | ||||||
6 | Compensation Commission Operations Fund for all purposes; | ||||||
7 | (iii) to the Industrial Commission Operations Fund Fee are | ||||||
8 | deemed, in appropriate contexts, to be
references to the | ||||||
9 | Illinois Workers' Compensation Commission Operations Fund Fee | ||||||
10 | for all
purposes; and (iv) to the Industrial Commission | ||||||
11 | Operations Fund Surcharge are deemed, in appropriate contexts, | ||||||
12 | to be
references to the Illinois Workers' Compensation | ||||||
13 | Commission Operations Fund Surcharge for all
purposes. | ||||||
14 | (Source: P.A. 93-509, eff. 8-11-03; 93-721, eff. 1-1-05; | ||||||
15 | 94-277, eff. 7-20-05.)
| ||||||
16 | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| ||||||
17 | Sec. 14. The Commission shall appoint a secretary, an | ||||||
18 | assistant
secretary, and arbitrators and shall employ such
| ||||||
19 | assistants and clerical help as may be necessary.
| ||||||
20 | Each arbitrator appointed after November 22, 1977 shall be | ||||||
21 | required
to demonstrate in writing and in accordance with
the | ||||||
22 | rules and regulations of the Illinois Department of Central | ||||||
23 | Management
Services his or
her knowledge of and expertise in | ||||||
24 | the law of and judicial processes of
the Workers' Compensation | ||||||
25 | 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 | ||||||
5 | arbitrator 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 | ||||||
12 | Illinois Workers' Compensation 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 | ||||||
17 | to issue
judgments as a means to evaluating knowledge and | ||||||
18 | writing 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 |
| |||||||
| |||||||
1 | Commissioner is unavailable in accordance
with the provisions | ||||||
2 | of Section 13 of this Act. Any
arbitrator who is an | ||||||
3 | attorney-at-law shall not engage in the practice of
law, nor | ||||||
4 | shall any arbitrator hold any other office or position of
| ||||||
5 | profit under the United States or this State or any municipal
| ||||||
6 | corporation or political subdivision of this State.
| ||||||
7 | Notwithstanding any other provision of this Act to the | ||||||
8 | contrary, an arbitrator
who serves as an acting Commissioner in | ||||||
9 | accordance with the provisions of
Section 13 of this Act shall | ||||||
10 | continue to serve in the capacity of Commissioner
until a | ||||||
11 | decision is reached in every case heard by that arbitrator | ||||||
12 | while
serving as an acting Commissioner.
| ||||||
13 | Arbitrators shall weigh the evidence impartially without | ||||||
14 | giving the benefit of the doubt to any party when weighing | ||||||
15 | evidence and resolving factual conflicts. | ||||||
16 | Each arbitrator appointed after the effective date of this | ||||||
17 | amendatory
Act of 1989 shall be appointed for a term of 6 | ||||||
18 | years. Each arbitrator
shall be appointed for a subsequent term | ||||||
19 | unless the Chairman makes a
recommendation to the Commission, | ||||||
20 | no later than 60 days prior to the
expiration of the term, not | ||||||
21 | to reappoint the arbitrator. Notice of such a
recommendation | ||||||
22 | shall also be given to the arbitrator no later than 60 days
| ||||||
23 | prior to the expiration of the term. Upon
such recommendation | ||||||
24 | by the Chairman, the arbitrator shall be appointed for
a | ||||||
25 | subsequent term unless 8 of 10 members of the Commission, | ||||||
26 | including the
Chairman, vote not to reappoint the arbitrator.
|
| |||||||
| |||||||
1 | All arbitrators shall be subject to the provisions of the | ||||||
2 | Personnel Code,
and the performance of all arbitrators shall be | ||||||
3 | reviewed by the Chairman on
an annual basis. The Chairman shall | ||||||
4 | allow input from the Commissioners in
all such reviews.
| ||||||
5 | The Secretary and each arbitrator shall receive a per annum | ||||||
6 | salary of
$4,000 less than the per annum salary of members of | ||||||
7 | The
Illinois Workers' Compensation Commission as
provided in | ||||||
8 | Section 13 of this Act, payable in equal monthly installments.
| ||||||
9 | The members of the Commission, Arbitrators and other | ||||||
10 | employees whose
duties require them to travel, shall have | ||||||
11 | reimbursed to them their
actual traveling expenses and | ||||||
12 | disbursements made or incurred by them in
the discharge of | ||||||
13 | their official duties while away from their place of
residence | ||||||
14 | in the performance of their duties.
| ||||||
15 | The Commission shall provide itself with a seal for the
| ||||||
16 | authentication of its orders, awards and proceedings upon which | ||||||
17 | shall be
inscribed the name of the Commission and the words | ||||||
18 | "Illinois--Seal".
| ||||||
19 | The Secretary or Assistant Secretary, under the direction | ||||||
20 | of the
Commission, shall have charge and custody of the seal of | ||||||
21 | the Commission
and also have charge and custody of all records, | ||||||
22 | files, orders,
proceedings, decisions, awards and other | ||||||
23 | documents on file with the
Commission. He shall furnish | ||||||
24 | certified copies, under the seal of the
Commission, of any such | ||||||
25 | records, files, orders, proceedings, decisions,
awards and | ||||||
26 | other documents on file with the Commission as may be
required. |
| |||||||
| |||||||
1 | Certified copies so furnished by the Secretary or Assistant
| ||||||
2 | Secretary shall be received in evidence before the Commission | ||||||
3 | or any
Arbitrator thereof, and in all courts, provided that the | ||||||
4 | original of
such certified copy is otherwise competent and | ||||||
5 | admissible in evidence.
The Secretary or Assistant Secretary | ||||||
6 | shall perform such other duties as
may be prescribed from time | ||||||
7 | to time by the Commission.
| ||||||
8 | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|