HB1287ham006 99TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 6/3/2015

09900HB1287ham006 LRB099 05153 SXM 36496 a

AMENDMENT TO HOUSE BILL 1287

AMENDMENT NO. ______. Amend House Bill 1287, AS AMENDED, by inserting the following in its proper numeric sequence in the bill:

"Section 7. The Workers' Compensation Act is amended by adding Section 35 as follows:

(820 ILCS 305/35 new)

Sec. 35. Repetitive and cumulative injuries; right of contribution.

(a) Any accidental injury which results from repetitive or cumulative trauma and occurs within 3 months after the employee begins his or her employment shall not be considered by a workers' compensation insurer in setting the premium rate for the employer.

(b) If an award is made for benefits in connection with repetitive or cumulative injury resulting from employment with more than one employer, the employer liable for award or its insurer is entitled to contributions or reimbursement from each of the employee's prior employers which are subject to this Act or their insurers for the prior employer's pro rata share of responsibility as determined by the Commission. The right to contribution or reimbursement under this Section shall not delay, diminish, restrict, or alter in any way the benefits to which the employee or his or her dependents are entitled under this Act. At any time within one year after the Commission or the Arbitrator has made an award for benefits in connection with repetitive or cumulative injury, the employer liable under the award or its insurer may institute proceedings before the Commission for the purpose of determining the right of contribution or reimbursement. The proceeding shall not delay, diminish, restrict, or alter in any way the benefits to which the employee or his or her dependents are entitled under this Act, but shall be limited to a determination of the respective contribution or reimbursement rights and the responsibilities of all the employers joined in the proceeding. The employee has the duty of rendering reasonable cooperation in any of such proceeding.

(c) No contribution or reimbursement may be sought for any payment of benefits more than 2 years after the employer seeking contribution or reimbursement has made the payment.

(d) This Section shall apply only to injuries occurring on or after the effective date of this amendatory Act of the 99th General Assembly.

(e) The Commission shall adopt emergency rules under Section 5-45 of the Illinois Administrative Procedure Act to implement the provisions of this Section to implement this Section.".