HB2301 EngrossedLRB101 08580 TAE 53659 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-125, 5-155, and 5-540 as
6follows:
 
7    (20 ILCS 5/5-125)  (was 20 ILCS 5/5.13i)
8    Sec. 5-125. In the Department of Employment Security. The
9board of review, which shall consist of 5 members, 2 of whom
10shall be representatives of a labor organization recognized
11under the National Labor Relations Act representative citizens
12chosen from the employee class, 2 of whom shall be
13representative citizens chosen from the employing class, and
14one of whom shall be a representative citizen not identified
15with either the employing class or a labor organization
16employee classes.
17(Source: P.A. 91-239, eff. 1-1-00.)
 
18    (20 ILCS 5/5-155)  (was 20 ILCS 5/5.04)
19    Sec. 5-155. In the Office of Mines and Minerals of the
20Department of Natural Resources. In the Office of Mines and
21Minerals of the Department of Natural Resources, there shall be
22a State Mining Board, which shall consist of 6 officers

 

 

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1designated as mine officers and the Director of the Office of
2Mines and Minerals. Three officers shall be representatives of
3the employing class and 3 officers shall be chosen from a labor
4organization recognized under the National Labor Relations Act
5representing coal minors of the employee class. The 6 mine
6officers shall be qualified as follows:
7        (1) Two mine officers from the employing class shall
8    have at least 4 years' years experience in a supervisory
9    capacity in an underground coal mine and each shall hold a
10    certificate of competency as an Illinois a mine examiner or
11    Illinois mine manager.
12        (2) The third mine officer from the employing class
13    shall have at least 4 years' years experience in a
14    supervisory capacity in a surface coal mine.
15        (3) Two mine officers chosen from a labor organization
16    representing coal miners from the employee class shall have
17    4 years experience in an underground coal mine and shall
18    hold certificates a first class certificate of competency
19    as an Illinois mine examiner.
20        (4) The third mine officer chosen from a labor
21    organization representing coal miners from the employee
22    class shall have at least 4 years experience in a surface
23    coal mine.
24(Source: P.A. 91-239, eff. 1-1-00.)
 
25    (20 ILCS 5/5-540)  (was 20 ILCS 5/6.28 and 5/7.01)

 

 

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1    Sec. 5-540. In the Department of Employment Security. An
2Employment Security Advisory Board, composed of 12 persons. Of
3the 12 members of the Employment Security Advisory Board, 4
4members shall be chosen from a labor organization recognized
5under the National Labor Relations Act representative citizens
6chosen from the employee class, 4 members shall be
7representative citizens chosen from the employing class, and 4
8members shall be representative citizens not identified with
9either the employing class or a labor organization the employee
10class.
11(Source: P.A. 93-634, eff. 1-1-04.)
 
12    Section 7. The Coal Mining Act is amended by changing
13Sections 8.02 and 8.03 as follows:
 
14    (225 ILCS 705/8.02)  (from Ch. 96 1/2, par. 802)
15    Sec. 8.02. There is created in the Department of Natural
16Resources, Office of Mines and Minerals, a Miners' Examining
17Board which shall consist of 4 four miners' examining officers
18to be appointed by the Governor, 2 of whom must be from a labor
19organization recognized under the National Labor Relations Act
20representing coal miners, for a term of 2 years and until their
21successors are appointed and qualified. Terms of office shall
22commence on the third Monday in January in each odd-numbered
23year. Three of such officers shall constitute a quorum.
24    This amendatory Act of 1995 does not affect the terms of

 

 

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1members of the Miners' Examining Board holding office on the
2effective date of this amendatory Act of 1995.
3    A complete record of the proceedings and acts of the
4Miners' Examining Board shall be kept and preserved. Said
5officers shall hold no other lucrative office or employment
6under the government of the United States, State of Illinois,
7or any political division thereof or any municipal corporation
8therein and each such officer before entering upon the duties
9of his office shall subscribe and take the oath prescribed by
10the Constitution of this State, and shall before entering upon
11the duties of his office give a bond with sufficient surety to
12be approved by the Governor, payable to the People of the State
13of Illinois in the penal sum of $5,000, conditioned for the
14faithful discharge of the duties of office and the delivery of
15all records, books, moneys, and other property pertaining to
16his successor in office, which said bond shall be deposited in
17the office of the Secretary of State. Vacancies shall be filled
18by appointment as provided herein for the balance of the
19unexpired term.
20(Source: P.A. 89-445, eff. 2-7-96.)
 
21    (225 ILCS 705/8.03)  (from Ch. 96 1/2, par. 803)
22    Sec. 8.03. No person shall be appointed to the Miners'
23Examining Board who has not had at least 5 years' practical and
24continuous experience as an underground a coal miner. The
25members of the Miners' Examining Board shall hold certificates

 

 

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1of competency as an Illinois mine examiner. Two of the members
2of the Miners' Examining Board shall be representatives of a
3labor organization recognized under the National Labor
4Relations Act representing coal miners. Two of the members of
5the Miners' Examining Board shall be from the employing class. ,
6and who has not been actually engaged in coal mining as a miner
7in the State of Illinois continuously for 12 months next
8preceding his appointment; except that a miners' examining
9officer may be appointed to succeed himself.
10(Source: Laws 1953, p. 701.)
 
11    Section 10. The Workers' Compensation Act is amended by
12changing Sections 4, 8.3, 13.1, and 19 as follows:
 
13    (820 ILCS 305/4)  (from Ch. 48, par. 138.4)
14    Sec. 4. (a) Any employer, including but not limited to
15general contractors and their subcontractors, who shall come
16within the provisions of Section 3 of this Act, and any other
17employer who shall elect to provide and pay the compensation
18provided for in this Act shall:
19        (1) File with the Commission annually an application
20    for approval as a self-insurer which shall include a
21    current financial statement, and annually, thereafter, an
22    application for renewal of self-insurance, which shall
23    include a current financial statement. Said application
24    and financial statement shall be signed and sworn to by the

 

 

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

 

 

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1    coverage, or
2        (3) Insure his entire liability to pay such
3    compensation in some insurance carrier authorized,
4    licensed, or permitted to do such insurance business in
5    this State. Every policy of an insurance carrier, insuring
6    the payment of compensation under this Act shall cover all
7    the employees and the entire compensation liability of the
8    insured: Provided, however, that any employer may insure
9    his or her compensation liability with 2 or more insurance
10    carriers or may insure a part and qualify under subsection
11    1, 2, or 4 for the remainder of his or her liability to pay
12    such compensation, subject to the following two
13    provisions:
14            Firstly, the entire compensation liability of the
15        employer to employees working at or from one location
16        shall be insured in one such insurance carrier or shall
17        be self-insured, and
18            Secondly, the employer shall submit evidence
19        satisfactorily to the Commission that his or her entire
20        liability for the compensation provided for in this Act
21        will be secured. Any provisions in any policy, or in
22        any endorsement attached thereto, attempting to limit
23        or modify in any way, the liability of the insurance
24        carriers issuing the same except as otherwise provided
25        herein shall be wholly void.
26        Nothing herein contained shall apply to policies of

 

 

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1    excess liability carriage secured by employers who have
2    been approved by the Commission as self-insurers, or
3        (4) Make some other provision, satisfactory to the
4    Commission, for the securing of the payment of compensation
5    provided for in this Act, and
6        (5) Upon becoming subject to this Act and thereafter as
7    often as the Commission may in writing demand, file with
8    the Commission in form prescribed by it evidence of his or
9    her compliance with the provision of this Section.
10    (a-1) Regardless of its state of domicile or its principal
11place of business, an employer shall make payments to its
12insurance carrier or group self-insurance fund, where
13applicable, based upon the premium rates of the situs where the
14work or project is located in Illinois if:
15        (A) the employer is engaged primarily in the building
16    and construction industry; and
17        (B) subdivision (a)(3) of this Section applies to the
18    employer or the employer is a member of a group
19    self-insurance plan as defined in subsection (1) of Section
20    4a.
21    The Illinois Workers' Compensation Commission shall impose
22a penalty upon an employer for violation of this subsection
23(a-1) if:
24        (i) the employer is given an opportunity at a hearing
25    to present evidence of its compliance with this subsection
26    (a-1); and

 

 

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1        (ii) after the hearing, the Commission finds that the
2    employer failed to make payments upon the premium rates of
3    the situs where the work or project is located in Illinois.
4    The penalty shall not exceed $1,000 for each day of work
5for which the employer failed to make payments upon the premium
6rates of the situs where the work or project is located in
7Illinois, but the total penalty shall not exceed $50,000 for
8each project or each contract under which the work was
9performed.
10    Any penalty under this subsection (a-1) must be imposed not
11later than one year after the expiration of the applicable
12limitation period specified in subsection (d) of Section 6 of
13this Act. Penalties imposed under this subsection (a-1) shall
14be deposited into the Illinois Workers' Compensation
15Commission Operations Fund, a special fund that is created in
16the State treasury. Subject to appropriation, moneys in the
17Fund shall be used solely for the operations of the Illinois
18Workers' Compensation Commission and by the Department of
19Insurance for the purposes authorized in subsection (c) of
20Section 25.5 of this Act.
21    (a-2) Every Employee Leasing Company (ELC), as defined in
22Section 15 of the Employee Leasing Company Act, shall at a
23minimum provide the following information to the Commission or
24any entity designated by the Commission regarding each workers'
25compensation insurance policy issued to the ELC:
26        (1) Any client company of the ELC listed as an

 

 

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1    additional named insured.
2        (2) Any informational schedule attached to the master
3    policy that identifies any individual client company's
4    name, FEIN, and job location.
5        (3) Any certificate of insurance coverage document
6    issued to a client company specifying its rights and
7    obligations under the master policy that establishes both
8    the identity and status of the client, as well as the dates
9    of inception and termination of coverage, if applicable.
10    (b) The sworn application and financial statement, or
11security, indemnity or bond, or amount of insurance, or other
12provisions, filed, furnished, carried, or made by the employer,
13as the case may be, shall be subject to the approval of the
14Commission.
15    Deposits under escrow agreements shall be cash, negotiable
16United States government bonds or negotiable general
17obligation bonds of the State of Illinois. Such cash or bonds
18shall be deposited in escrow with any State or National Bank or
19Trust Company having trust authority in the State of Illinois.
20    Upon the approval of the sworn application and financial
21statement, security, indemnity or bond or amount of insurance,
22filed, furnished or carried, as the case may be, the Commission
23shall send to the employer written notice of its approval
24thereof. The certificate of compliance by the employer with the
25provisions of subparagraphs (2) and (3) of paragraph (a) of
26this Section shall be delivered by the insurance carrier to the

 

 

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

 

 

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

 

 

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1    Whenever the Commission finds that any self-insured
2employer has practiced or is practicing delay or unfairness
3toward employees in the adjustment, settlement or payment of
4benefits due such employees, the Commission may, after
5reasonable notice and hearing, order and direct that after a
6date fixed in the order such self-insured employer shall be
7disqualified to operate as a self-insurer and shall be required
8to insure his entire liability to pay compensation in some
9insurance carrier authorized, licensed and permitted to do such
10insurance business in this State, as provided in subparagraph 3
11of paragraph (a) of this Section.
12    All orders made by the Commission under this Section shall
13be subject to review by the courts, said review to be taken in
14the same manner and within the same time as provided by Section
1519 of this Act for review of awards and decisions of the
16Commission, upon the party seeking the review filing with the
17clerk of the court to which said review is taken a bond in an
18amount to be fixed and approved by the court to which the
19review is taken, conditioned upon the payment of all
20compensation awarded against the person taking said review
21pending a decision thereof and further conditioned upon such
22other obligations as the court may impose. Upon the review the
23Circuit Court shall have power to review all questions of fact
24as well as of law. The penalty hereinafter provided for in this
25paragraph shall not attach and shall not begin to run until the
26final determination of the order of the Commission.

 

 

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1    (d) Whenever a panel of 3 Commissioners comprised of one
2member of the employing class, one representative of a labor
3organization recognized under the National Labor Relations Act
4member of the employee class, and one member not identified
5with either the employing class or a labor organization or
6employee class, with due process and after a hearing,
7determines an employer has knowingly failed to provide coverage
8as required by paragraph (a) of this Section, the failure shall
9be deemed an immediate serious danger to public health, safety,
10and welfare sufficient to justify service by the Commission of
11a work-stop order on such employer, requiring the cessation of
12all business operations of such employer at the place of
13employment or job site. Any law enforcement agency in the State
14shall, at the request of the Commission, render any assistance
15necessary to carry out the provisions of this Section,
16including, but not limited to, preventing any employee of such
17employer from remaining at a place of employment or job site
18after a work-stop order has taken effect. Any work-stop order
19shall be lifted upon proof of insurance as required by this
20Act. Any orders under this Section are appealable under Section
2119(f) to the Circuit Court.
22    Any individual employer, corporate officer or director of a
23corporate employer, partner of an employer partnership, or
24member of an employer limited liability company who knowingly
25fails to provide coverage as required by paragraph (a) of this
26Section is guilty of a Class 4 felony. This provision shall not

 

 

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1apply to any corporate officer or director of any
2publicly-owned corporation. Each day's violation constitutes a
3separate offense. The State's Attorney of the county in which
4the violation occurred, or the Attorney General, shall bring
5such actions in the name of the People of the State of
6Illinois, or may, in addition to other remedies provided in
7this Section, bring an action for an injunction to restrain the
8violation or to enjoin the operation of any such employer.
9    Any individual employer, corporate officer or director of a
10corporate employer, partner of an employer partnership, or
11member of an employer limited liability company who negligently
12fails to provide coverage as required by paragraph (a) of this
13Section is guilty of a Class A misdemeanor. This provision
14shall not apply to any corporate officer or director of any
15publicly-owned corporation. Each day's violation constitutes a
16separate offense. The State's Attorney of the county in which
17the violation occurred, or the Attorney General, shall bring
18such actions in the name of the People of the State of
19Illinois.
20    The criminal penalties in this subsection (d) shall not
21apply where there exists a good faith dispute as to the
22existence of an employment relationship. Evidence of good faith
23shall include, but not be limited to, compliance with the
24definition of employee as used by the Internal Revenue Service.
25    Employers who are subject to and who knowingly fail to
26comply with this Section shall not be entitled to the benefits

 

 

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1of this Act during the period of noncompliance, but shall be
2liable in an action under any other applicable law of this
3State. In the action, such employer shall not avail himself or
4herself of the defenses of assumption of risk or negligence or
5that the injury was due to a co-employee. In the action, proof
6of the injury shall constitute prima facie evidence of
7negligence on the part of such employer and the burden shall be
8on such employer to show freedom of negligence resulting in the
9injury. The employer shall not join any other defendant in any
10such civil action. Nothing in this amendatory Act of the 94th
11General Assembly shall affect the employee's rights under
12subdivision (a)3 of Section 1 of this Act. Any employer or
13carrier who makes payments under subdivision (a)3 of Section 1
14of this Act shall have a right of reimbursement from the
15proceeds of any recovery under this Section.
16    An employee of an uninsured employer, or the employee's
17dependents in case death ensued, may, instead of proceeding
18against the employer in a civil action in court, file an
19application for adjustment of claim with the Commission in
20accordance with the provisions of this Act and the Commission
21shall hear and determine the application for adjustment of
22claim in the manner in which other claims are heard and
23determined before the Commission.
24    All proceedings under this subsection (d) shall be reported
25on an annual basis to the Workers' Compensation Advisory Board.
26    An investigator with the Illinois Workers' Compensation

 

 

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1Commission Insurance Compliance Division may issue a citation
2to any employer that is not in compliance with its obligation
3to have workers' compensation insurance under this Act. The
4amount of the fine shall be based on the period of time the
5employer was in non-compliance, but shall be no less than $500,
6and shall not exceed $2,500. An employer that has been issued a
7citation shall pay the fine to the Commission and provide to
8the Commission proof that it obtained the required workers'
9compensation insurance within 10 days after the citation was
10issued. This Section does not affect any other obligations this
11Act imposes on employers.
12    Upon a finding by the Commission, after reasonable notice
13and hearing, of the knowing and wilful failure or refusal of an
14employer to comply with any of the provisions of paragraph (a)
15of this Section, the failure or refusal of an employer, service
16or adjustment company, or an insurance carrier to comply with
17any order of the Illinois Workers' Compensation Commission
18pursuant to paragraph (c) of this Section disqualifying him or
19her to operate as a self insurer and requiring him or her to
20insure his or her liability, or the knowing and willful failure
21of an employer to comply with a citation issued by an
22investigator with the Illinois Workers' Compensation
23Commission Insurance Compliance Division, the Commission may
24assess a civil penalty of up to $500 per day for each day of
25such failure or refusal after the effective date of this
26amendatory Act of 1989. The minimum penalty under this Section

 

 

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1shall be the sum of $10,000. Each day of such failure or
2refusal shall constitute a separate offense. The Commission may
3assess the civil penalty personally and individually against
4the corporate officers and directors of a corporate employer,
5the partners of an employer partnership, and the members of an
6employer limited liability company, after a finding of a
7knowing and willful refusal or failure of each such named
8corporate officer, director, partner, or member to comply with
9this Section. The liability for the assessed penalty shall be
10against the named employer first, and if the named employer
11fails or refuses to pay the penalty to the Commission within 30
12days after the final order of the Commission, then the named
13corporate officers, directors, partners, or members who have
14been found to have knowingly and willfully refused or failed to
15comply with this Section shall be liable for the unpaid penalty
16or any unpaid portion of the penalty. Upon investigation by the
17insurance non-compliance unit of the Commission, the Attorney
18General shall have the authority to prosecute all proceedings
19to enforce the civil and administrative provisions of this
20Section before the Commission. The Commission shall promulgate
21procedural rules for enforcing this Section.
22    Upon the failure or refusal of any employer, service or
23adjustment company or insurance carrier to comply with the
24provisions of this Section and with the orders of the
25Commission under this Section, or the order of the court on
26review after final adjudication, the Commission may bring a

 

 

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1civil action to recover the amount of the penalty in Cook
2County or in Sangamon County in which litigation the Commission
3shall be represented by the Attorney General. The Commission
4shall send notice of its finding of non-compliance and
5assessment of the civil penalty to the Attorney General. It
6shall be the duty of the Attorney General within 30 days after
7receipt of the notice, to institute prosecutions and promptly
8prosecute all reported violations of this Section.
9    Any individual employer, corporate officer or director of a
10corporate employer, partner of an employer partnership, or
11member of an employer limited liability company who, with the
12intent to avoid payment of compensation under this Act to an
13injured employee or the employee's dependents, knowingly
14transfers, sells, encumbers, assigns, or in any manner disposes
15of, conceals, secretes, or destroys any property belonging to
16the employer, officer, director, partner, or member is guilty
17of a Class 4 felony.
18    Penalties and fines collected pursuant to this paragraph
19(d) shall be deposited upon receipt into a special fund which
20shall be designated the Injured Workers' Benefit Fund, of which
21the State Treasurer is ex-officio custodian, such special fund
22to be held and disbursed in accordance with this paragraph (d)
23for the purposes hereinafter stated in this paragraph (d), upon
24the final order of the Commission. The Injured Workers' Benefit
25Fund shall be deposited the same as are State funds and any
26interest accruing thereon shall be added thereto every 6

 

 

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

 

 

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1application for adjustment of claim. After July 1, 2006, the
2Commission shall make disbursements from the Fund once each
3year to each eligible claimant. An eligible claimant is an
4injured worker who has within the previous fiscal year obtained
5a final award for benefits from the Commission against the
6employer and the Injured Workers' Benefit Fund and has notified
7the Commission within 90 days of receipt of such award. Within
8a reasonable time after the end of each fiscal year, the
9Commission shall make a disbursement to each eligible claimant.
10At the time of disbursement, if there are insufficient moneys
11in the Fund to pay all claims, each eligible claimant shall
12receive a pro-rata share, as determined by the Commission, of
13the available moneys in the Fund for that year. Payment from
14the Injured Workers' Benefit Fund to an eligible claimant
15pursuant to this provision shall discharge the obligations of
16the Injured Workers' Benefit Fund regarding the award entered
17by the Commission.
18    (e) This Act shall not affect or disturb the continuance of
19any existing insurance, mutual aid, benefit, or relief
20association or department, whether maintained in whole or in
21part by the employer or whether maintained by the employees,
22the payment of benefits of such association or department being
23guaranteed by the employer or by some person, firm or
24corporation for him or her: Provided, the employer contributes
25to such association or department an amount not less than the
26full compensation herein provided, exclusive of the cost of the

 

 

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1maintenance of such association or department and without any
2expense to the employee. This Act shall not prevent the
3organization and maintaining under the insurance laws of this
4State of any benefit or insurance company for the purpose of
5insuring against the compensation provided for in this Act, the
6expense of which is maintained by the employer. This Act shall
7not prevent the organization or maintaining under the insurance
8laws of this State of any voluntary mutual aid, benefit or
9relief association among employees for the payment of
10additional accident or sick benefits.
11    (f) No existing insurance, mutual aid, benefit or relief
12association or department shall, by reason of anything herein
13contained, be authorized to discontinue its operation without
14first discharging its obligations to any and all persons
15carrying insurance in the same or entitled to relief or
16benefits therein.
17    (g) Any contract, oral, written or implied, of employment
18providing for relief benefit, or insurance or any other device
19whereby the employee is required to pay any premium or premiums
20for insurance against the compensation provided for in this Act
21shall be null and void. Any employer withholding from the wages
22of any employee any amount for the purpose of paying any such
23premium shall be guilty of a Class B misdemeanor.
24    In the event the employer does not pay the compensation for
25which he or she is liable, then an insurance company,
26association or insurer which may have insured such employer

 

 

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1against such liability shall become primarily liable to pay to
2the employee, his or her personal representative or beneficiary
3the compensation required by the provisions of this Act to be
4paid by such employer. The insurance carrier may be made a
5party to the proceedings in which the employer is a party and
6an award may be entered jointly against the employer and the
7insurance carrier.
8    (h) It shall be unlawful for any employer, insurance
9company or service or adjustment company to interfere with,
10restrain or coerce an employee in any manner whatsoever in the
11exercise of the rights or remedies granted to him or her by
12this Act or to discriminate, attempt to discriminate, or
13threaten to discriminate against an employee in any way because
14of his or her exercise of the rights or remedies granted to him
15or her by this Act.
16    It shall be unlawful for any employer, individually or
17through any insurance company or service or adjustment company,
18to discharge or to threaten to discharge, or to refuse to
19rehire or recall to active service in a suitable capacity an
20employee because of the exercise of his or her rights or
21remedies granted to him or her by this Act.
22    (i) If an employer elects to obtain a life insurance policy
23on his employees, he may also elect to apply such benefits in
24satisfaction of all or a portion of the death benefits payable
25under this Act, in which case, the employer's compensation
26premium shall be reduced accordingly.

 

 

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1    (j) Within 45 days of receipt of an initial application or
2application to renew self-insurance privileges the
3Self-Insurers Advisory Board shall review and submit for
4approval by the Chairman of the Commission recommendations of
5disposition of all initial applications to self-insure and all
6applications to renew self-insurance privileges filed by
7private self-insurers pursuant to the provisions of this
8Section and Section 4a-9 of this Act. Each private self-insurer
9shall submit with its initial and renewal applications the
10application fee required by Section 4a-4 of this Act.
11    The Chairman of the Commission shall promptly act upon all
12initial applications and applications for renewal in full
13accordance with the recommendations of the Board or, should the
14Chairman disagree with any recommendation of disposition of the
15Self-Insurer's Advisory Board, he shall within 30 days of
16receipt of such recommendation provide to the Board in writing
17the reasons supporting his decision. The Chairman shall also
18promptly notify the employer of his decision within 15 days of
19receipt of the recommendation of the Board.
20    If an employer is denied a renewal of self-insurance
21privileges pursuant to application it shall retain said
22privilege for 120 days after receipt of a notice of
23cancellation of the privilege from the Chairman of the
24Commission.
25    All orders made by the Chairman under this Section shall be
26subject to review by the courts, such review to be taken in the

 

 

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1same manner and within the same time as provided by subsection
2(f) of Section 19 of this Act for review of awards and
3decisions of the Commission, upon the party seeking the review
4filing with the clerk of the court to which such review is
5taken a bond in an amount to be fixed and approved by the court
6to which the review is taken, conditioned upon the payment of
7all compensation awarded against the person taking such review
8pending a decision thereof and further conditioned upon such
9other obligations as the court may impose. Upon the review the
10Circuit Court shall have power to review all questions of fact
11as well as of law.
12(Source: P.A. 97-18, eff. 6-28-11.)
 
13    (820 ILCS 305/8.3)
14    Sec. 8.3. Workers' Compensation Medical Fee Advisory
15Board. There is created a Workers' Compensation Medical Fee
16Advisory Board consisting of 9 members appointed by the
17Governor with the advice and consent of the Senate. Three
18members of the Advisory Board shall be representatives of a
19labor organization recognized under the National Labor
20Relations Act representative citizens chosen from the employee
21class, 3 members shall be representative citizens chosen from
22the employing class, and 3 members shall be representative
23citizens chosen from the medical provider class. Each member
24shall serve a 4-year term and shall continue to serve until a
25successor is appointed. A vacancy on the Advisory Board shall

 

 

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1be filled by the Governor for the unexpired term.
2    Members of the Advisory Board shall receive no compensation
3for their services but shall be reimbursed for expenses
4incurred in the performance of their duties by the Commission
5from appropriations made to the Commission for that purpose.
6    The Advisory Board shall advise the Commission on
7establishment of fees for medical services and accessibility of
8medical treatment.
9(Source: P.A. 94-277, eff. 7-20-05.)
 
10    (820 ILCS 305/13.1)  (from Ch. 48, par. 138.13-1)
11    Sec. 13.1. (a) There is created a Workers' Compensation
12Advisory Board hereinafter referred to as the Advisory Board.
13After the effective date of this amendatory Act of the 94th
14General Assembly, the Advisory Board shall consist of 12
15members appointed by the Governor with the advice and consent
16of the Senate. Six members of the Advisory Board shall be
17representative citizens chosen from a labor organization
18recognized under the National Labor Relations Act the employee
19class, and 6 members shall be representative citizens chosen
20from the employing class. The Chairman of the Commission shall
21serve as the ex officio Chairman of the Advisory Board. After
22the effective date of this amendatory Act of the 94th General
23Assembly, each member of the Advisory Board shall serve a term
24ending on the third Monday in January 2007 and shall continue
25to serve until his or her successor is appointed and qualified.

 

 

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1Members of the Advisory Board shall thereafter be appointed for
24 year terms from the third Monday in January of the year of
3their appointment, and until their successors are appointed and
4qualified. Seven members of the Advisory Board shall constitute
5a quorum to do business, but in no case shall there be less
6than one representative from each class. A vacancy on the
7Advisory Board shall be filled by the Governor for the
8unexpired term.
9    (b) Members of the Advisory Board shall receive no
10compensation for their services but shall be reimbursed for
11expenses incurred in the performance of their duties by the
12Commission from appropriations made to the Commission for such
13purpose.
14    (c) The Advisory Board shall aid the Commission in
15formulating policies, discussing problems, setting priorities
16of expenditures, reviewing advisory rates filed by an advisory
17organization as defined in Section 463 of the Illinois
18Insurance Code, and establishing short and long range
19administrative goals. Prior to making the (1) initial set of
20arbitrator appointments pursuant to this amendatory Act of the
2197th General Assembly and (2) appointment of Commissioners, the
22Governor shall request that the Advisory Board make
23recommendations as to candidates to consider for appointment
24and the Advisory Board may then make such recommendations.
25    (d) The terms of all Advisory Board members serving on the
26effective date of this amendatory Act of the 97th General

 

 

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1Assembly are terminated. The Governor shall appoint new members
2to the Advisory Board within 30 days after the effective date
3of the amendatory Act of the 97th General Assembly, subject to
4the advice and consent of the Senate.
5(Source: P.A. 97-18, eff. 6-28-11.)
 
6    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
7    Sec. 19. Any disputed questions of law or fact shall be
8determined as herein provided.
9    (a) It shall be the duty of the Commission upon
10notification that the parties have failed to reach an
11agreement, to designate an Arbitrator.
12        1. Whenever any claimant misconceives his remedy and
13    files an application for adjustment of claim under this Act
14    and it is subsequently discovered, at any time before final
15    disposition of such cause, that the claim for disability or
16    death which was the basis for such application should
17    properly have been made under the Workers' Occupational
18    Diseases Act, then the provisions of Section 19, paragraph
19    (a-1) of the Workers' Occupational Diseases Act having
20    reference to such application shall apply.
21        2. Whenever any claimant misconceives his remedy and
22    files an application for adjustment of claim under the
23    Workers' Occupational Diseases Act and it is subsequently
24    discovered, at any time before final disposition of such
25    cause that the claim for injury or death which was the

 

 

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

 

 

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1order the payment of compensation up to the date of the
2hearing, which award shall be reviewable and enforceable in the
3same manner as other awards, and in no instance be a bar to a
4further hearing and determination of a further amount of
5temporary total compensation or of compensation for permanent
6disability, but shall be conclusive as to all other questions
7except the nature and extent of said disability.
8    The decision of the Arbitrator shall be filed with the
9Commission which Commission shall immediately send to each
10party or his attorney a copy of such decision, together with a
11notification of the time when it was filed. As of the effective
12date of this amendatory Act of the 94th General Assembly, all
13decisions of the Arbitrator shall set forth in writing findings
14of fact and conclusions of law, separately stated, if requested
15by either party. Unless a petition for review is filed by
16either party within 30 days after the receipt by such party of
17the copy of the decision and notification of time when filed,
18and unless such party petitioning for a review shall within 35
19days after the receipt by him of the copy of the decision, file
20with the Commission either an agreed statement of the facts
21appearing upon the hearing before the Arbitrator, or if such
22party shall so elect a correct transcript of evidence of the
23proceedings at such hearings, then the decision shall become
24the decision of the Commission and in the absence of fraud
25shall be conclusive. The Petition for Review shall contain a
26statement of the petitioning party's specific exceptions to the

 

 

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1decision of the arbitrator. The jurisdiction of the Commission
2to review the decision of the arbitrator shall not be limited
3to the exceptions stated in the Petition for Review. The
4Commission, or any member thereof, may grant further time not
5exceeding 30 days, in which to file such agreed statement or
6transcript of evidence. Such agreed statement of facts or
7correct transcript of evidence, as the case may be, shall be
8authenticated by the signatures of the parties or their
9attorneys, and in the event they do not agree as to the
10correctness of the transcript of evidence it shall be
11authenticated by the signature of the Arbitrator designated by
12the Commission.
13    Whether the employee is working or not, if the employee is
14not receiving or has not received medical, surgical, or
15hospital services or other services or compensation as provided
16in paragraph (a) of Section 8, or compensation as provided in
17paragraph (b) of Section 8, the employee may at any time
18petition for an expedited hearing by an Arbitrator on the issue
19of whether or not he or she is entitled to receive payment of
20the services or compensation. Provided the employer continues
21to pay compensation pursuant to paragraph (b) of Section 8, the
22employer may at any time petition for an expedited hearing on
23the issue of whether or not the employee is entitled to receive
24medical, surgical, or hospital services or other services or
25compensation as provided in paragraph (a) of Section 8, or
26compensation as provided in paragraph (b) of Section 8. When an

 

 

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1employer has petitioned for an expedited hearing, the employer
2shall continue to pay compensation as provided in paragraph (b)
3of Section 8 unless the arbitrator renders a decision that the
4employee is not entitled to the benefits that are the subject
5of the expedited hearing or unless the employee's treating
6physician has released the employee to return to work at his or
7her regular job with the employer or the employee actually
8returns to work at any other job. If the arbitrator renders a
9decision that the employee is not entitled to the benefits that
10are the subject of the expedited hearing, a petition for review
11filed by the employee shall receive the same priority as if the
12employee had filed a petition for an expedited hearing by an
13Arbitrator. Neither party shall be entitled to an expedited
14hearing when the employee has returned to work and the sole
15issue in dispute amounts to less than 12 weeks of unpaid
16compensation pursuant to paragraph (b) of Section 8.
17    Expedited hearings shall have priority over all other
18petitions and shall be heard by the Arbitrator and Commission
19with all convenient speed. Any party requesting an expedited
20hearing shall give notice of a request for an expedited hearing
21under this paragraph. A copy of the Application for Adjustment
22of Claim shall be attached to the notice. The Commission shall
23adopt rules and procedures under which the final decision of
24the Commission under this paragraph is filed not later than 180
25days from the date that the Petition for Review is filed with
26the Commission.

 

 

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1    Where 2 or more insurance carriers, private self-insureds,
2or a group workers' compensation pool under Article V 3/4 of
3the Illinois Insurance Code dispute coverage for the same
4injury, any such insurance carrier, private self-insured, or
5group workers' compensation pool may request an expedited
6hearing pursuant to this paragraph to determine the issue of
7coverage, provided coverage is the only issue in dispute and
8all other issues are stipulated and agreed to and further
9provided that all compensation benefits including medical
10benefits pursuant to Section 8(a) continue to be paid to or on
11behalf of petitioner. Any insurance carrier, private
12self-insured, or group workers' compensation pool that is
13determined to be liable for coverage for the injury in issue
14shall reimburse any insurance carrier, private self-insured,
15or group workers' compensation pool that has paid benefits to
16or on behalf of petitioner for the injury.
17    (b-1) If the employee is not receiving medical, surgical or
18hospital services as provided in paragraph (a) of Section 8 or
19compensation as provided in paragraph (b) of Section 8, the
20employee, in accordance with Commission Rules, may file a
21petition for an emergency hearing by an Arbitrator on the issue
22of whether or not he is entitled to receive payment of such
23compensation or services as provided therein. Such petition
24shall have priority over all other petitions and shall be heard
25by the Arbitrator and Commission with all convenient speed.
26    Such petition shall contain the following information and

 

 

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1shall be served on the employer at least 15 days before it is
2filed:
3        (i) the date and approximate time of accident;
4        (ii) the approximate location of the accident;
5        (iii) a description of the accident;
6        (iv) the nature of the injury incurred by the employee;
7        (v) the identity of the person, if known, to whom the
8    accident was reported and the date on which it was
9    reported;
10        (vi) the name and title of the person, if known,
11    representing the employer with whom the employee conferred
12    in any effort to obtain compensation pursuant to paragraph
13    (b) of Section 8 of this Act or medical, surgical or
14    hospital services pursuant to paragraph (a) of Section 8 of
15    this Act and the date of such conference;
16        (vii) a statement that the employer has refused to pay
17    compensation pursuant to paragraph (b) of Section 8 of this
18    Act or for medical, surgical or hospital services pursuant
19    to paragraph (a) of Section 8 of this Act;
20        (viii) the name and address, if known, of each witness
21    to the accident and of each other person upon whom the
22    employee will rely to support his allegations;
23        (ix) the dates of treatment related to the accident by
24    medical practitioners, and the names and addresses of such
25    practitioners, including the dates of treatment related to
26    the accident at any hospitals and the names and addresses

 

 

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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

 

 

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1    affidavits which the employee has demanded by subpoena and
2    on which he intends to rely to support his allegations;
3        (xiii) a certification signed by the employee or his
4    representative that the employer has received the petition
5    with the required information 15 days before filing.
6    Fifteen days after receipt by the employer of the petition
7with the required information the employee may file said
8petition and required information and shall serve notice of the
9filing upon the employer. The employer may file a motion
10addressed to the sufficiency of the petition. If an objection
11has been filed to the sufficiency of the petition, the
12arbitrator shall rule on the objection within 2 working days.
13If such an objection is filed, the time for filing the final
14decision of the Commission as provided in this paragraph shall
15be tolled until the arbitrator has determined that the petition
16is sufficient.
17    The employer shall, within 15 days after receipt of the
18notice that such petition is filed, file with the Commission
19and serve on the employee or his representative a written
20response to each claim set forth in the petition, including the
21legal and factual basis for each disputed allegation and the
22following information: (i) complete copies of any reports,
23records, documents and affidavits in the possession of the
24employer on which the employer intends to rely in support of
25his response, (ii) a list of any reports, records, documents
26and affidavits which the employer has demanded by subpoena and

 

 

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

 

 

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

 

 

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1    (2) Should the Commission at any time during the hearing
2find that compelling considerations make it advisable to have
3an examination and report at that time, the commission may in
4its discretion so order.
5    (3) A copy of the report of examination shall be given to
6the Commission and to the attorneys for the parties.
7    (4) Either party or the Commission may call the examining
8physician or physicians to testify. Any physician so called
9shall be subject to cross-examination.
10    (5) The examination shall be made, and the physician or
11physicians, if called, shall testify, without cost to the
12parties. The Commission shall determine the compensation and
13the pay of the physician or physicians. The compensation for
14this service shall not exceed the usual and customary amount
15for such service.
16    (6) The fees and payment thereof of all attorneys and
17physicians for services authorized by the Commission under this
18Act shall, upon request of either the employer or the employee
19or the beneficiary affected, be subject to the review and
20decision of the Commission.
21    (d) If any employee shall persist in insanitary or
22injurious practices which tend to either imperil or retard his
23recovery or shall refuse to submit to such medical, surgical,
24or hospital treatment as is reasonably essential to promote his
25recovery, the Commission may, in its discretion, reduce or
26suspend the compensation of any such injured employee. However,

 

 

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1when an employer and employee so agree in writing, the
2foregoing provision shall not be construed to authorize the
3reduction or suspension of compensation of an employee who is
4relying in good faith, on treatment by prayer or spiritual
5means alone, in accordance with the tenets and practice of a
6recognized church or religious denomination, by a duly
7accredited practitioner thereof.
8    (e) This paragraph shall apply to all hearings before the
9Commission. Such hearings may be held in its office or
10elsewhere as the Commission may deem advisable. The taking of
11testimony on such hearings may be had before any member of the
12Commission. If a petition for review and agreed statement of
13facts or transcript of evidence is filed, as provided herein,
14the Commission shall promptly review the decision of the
15Arbitrator and all questions of law or fact which appear from
16the statement of facts or transcript of evidence.
17    In all cases in which the hearing before the arbitrator is
18held after December 18, 1989, no additional evidence shall be
19introduced by the parties before the Commission on review of
20the decision of the Arbitrator. In reviewing decisions of an
21arbitrator the Commission shall award such temporary
22compensation, permanent compensation and other payments as are
23due under this Act. The Commission shall file in its office its
24decision thereon, and shall immediately send to each party or
25his attorney a copy of such decision and a notification of the
26time when it was filed. Decisions shall be filed within 60 days

 

 

HB2301 Engrossed- 41 -LRB101 08580 TAE 53659 b

1after the Statement of Exceptions and Supporting Brief and
2Response thereto are required to be filed or oral argument
3whichever is later.
4    In the event either party requests oral argument, such
5argument shall be had before a panel of 3 members of the
6Commission (or before all available members pursuant to the
7determination of 7 members of the Commission that such argument
8be held before all available members of the Commission)
9pursuant to the rules and regulations of the Commission. A
10panel of 3 members, which shall be comprised of not more than
11one representative citizen of the employing class and not more
12than one representative from a labor organization recognized
13under the National Labor Relations Act citizen of the employee
14class, shall hear the argument; provided that if all the issues
15in dispute are solely the nature and extent of the permanent
16partial disability, if any, a majority of the panel may deny
17the request for such argument and such argument shall not be
18held; and provided further that 7 members of the Commission may
19determine that the argument be held before all available
20members of the Commission. A decision of the Commission shall
21be approved by a majority of Commissioners present at such
22hearing if any; provided, if no such hearing is held, a
23decision of the Commission shall be approved by a majority of a
24panel of 3 members of the Commission as described in this
25Section. The Commission shall give 10 days' notice to the
26parties or their attorneys of the time and place of such taking

 

 

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

 

 

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

 

 

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1fact that a member of the panel has expressed an intention to
2dissent. Any member of the panel may file a dissent. Any
3dissent shall be filed no later than 10 days after the decision
4of the majority has been filed.
5    Decisions rendered by the Commission and dissents, if any,
6shall be published together by the Commission. The conclusions
7of law set out in such decisions shall be regarded as
8precedents by arbitrators for the purpose of achieving a more
9uniform administration of this Act.
10    (f) The decision of the Commission acting within its
11powers, according to the provisions of paragraph (e) of this
12Section shall, in the absence of fraud, be conclusive unless
13reviewed as in this paragraph hereinafter provided. However,
14the Arbitrator or the Commission may on his or its own motion,
15or on the motion of either party, correct any clerical error or
16errors in computation within 15 days after the date of receipt
17of any award by such Arbitrator or any decision on review of
18the Commission and shall have the power to recall the original
19award on arbitration or decision on review, and issue in lieu
20thereof such corrected award or decision. Where such correction
21is made the time for review herein specified shall begin to run
22from the date of the receipt of the corrected award or
23decision.
24        (1) Except in cases of claims against the State of
25    Illinois other than those claims under Section 18.1, in
26    which case the decision of the Commission shall not be

 

 

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

 

 

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1    notice of the commencement of the proceedings which shall
2    be done by mailing a copy of the summons to the office of
3    the Commission, and a copy of the summons to the other
4    parties in interest or their attorney or attorneys of
5    record and the clerk of the court shall make certificate
6    that he has so sent said notices in pursuance of this
7    Section, which shall be evidence of service on the
8    Commission and other parties in interest.
9        The Commission shall not be required to certify the
10    record of their proceedings to the Circuit Court, unless
11    the party commencing the proceedings for review in the
12    Circuit Court as above provided, shall file with the
13    Commission notice of intent to file for review in Circuit
14    Court. It shall be the duty of the Commission upon such
15    filing of notice of intent to file for review in the
16    Circuit Court to prepare a true and correct copy of such
17    testimony and a true and correct copy of all other matters
18    contained in such record and certified to by the Secretary
19    or Assistant Secretary thereof. The changes made to this
20    subdivision (f)(1) by this amendatory Act of the 98th
21    General Assembly apply to any Commission decision entered
22    after the effective date of this amendatory Act of the 98th
23    General Assembly.
24        No request for a summons may be filed and no summons
25    shall issue unless the party seeking to review the decision
26    of the Commission shall exhibit to the clerk of the Circuit

 

 

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1    Court proof of filing with the Commission of the notice of
2    the intent to file for review in the Circuit Court or an
3    affidavit of the attorney setting forth that notice of
4    intent to file for review in the Circuit Court has been
5    given in writing to the Secretary or Assistant Secretary of
6    the Commission.
7        (2) No such summons shall issue unless the one against
8    whom the Commission shall have rendered an award for the
9    payment of money shall upon the filing of his written
10    request for such summons file with the clerk of the court a
11    bond conditioned that if he shall not successfully
12    prosecute the review, he will pay the award and the costs
13    of the proceedings in the courts. The amount of the bond
14    shall be fixed by any member of the Commission and the
15    surety or sureties of the bond shall be approved by the
16    clerk of the court. The acceptance of the bond by the clerk
17    of the court shall constitute evidence of his approval of
18    the bond.
19        Every county, city, town, township, incorporated
20    village, school district, body politic or municipal
21    corporation against whom the Commission shall have
22    rendered an award for the payment of money shall not be
23    required to file a bond to secure the payment of the award
24    and the costs of the proceedings in the court to authorize
25    the court to issue such summons.
26        The court may confirm or set aside the decision of the

 

 

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1    Commission. If the decision is set aside and the facts
2    found in the proceedings before the Commission are
3    sufficient, the court may enter such decision as is
4    justified by law, or may remand the cause to the Commission
5    for further proceedings and may state the questions
6    requiring further hearing, and give such other
7    instructions as may be proper. Appeals shall be taken to
8    the Appellate Court in accordance with Supreme Court Rules
9    22(g) and 303. Appeals shall be taken from the Appellate
10    Court to the Supreme Court in accordance with Supreme Court
11    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
20Illinois, either party may present a certified copy of the
21award of the Arbitrator, or a certified copy of the decision of
22the Commission when the same has become final, when no
23proceedings for review are pending, providing for the payment
24of compensation according to this Act, to the Circuit Court of
25the county in which such accident occurred or either of the
26parties are residents, whereupon the court shall enter a

 

 

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1judgment in accordance therewith. In a case where the employer
2refuses to pay compensation according to such final award or
3such final decision upon which such judgment is entered the
4court shall in entering judgment thereon, tax as costs against
5him the reasonable costs and attorney fees in the arbitration
6proceedings and in the court entering the judgment for the
7person in whose favor the judgment is entered, which judgment
8and costs taxed as therein provided shall, until and unless set
9aside, have the same effect as though duly entered in an action
10duly tried and determined by the court, and shall with like
11effect, be entered and docketed. The Circuit Court shall have
12power at any time upon application to make any such judgment
13conform to any modification required by any subsequent decision
14of the Supreme Court upon appeal, or as the result of any
15subsequent proceedings for review, as provided in this Act.
16    Judgment shall not be entered until 15 days' notice of the
17time and place of the application for the entry of judgment
18shall be served upon the employer by filing such notice with
19the Commission, which Commission shall, in case it has on file
20the address of the employer or the name and address of its
21agent upon whom notices may be served, immediately send a copy
22of the notice to the employer or such designated agent.
23    (h) An agreement or award under this Act providing for
24compensation in installments, may at any time within 18 months
25after such agreement or award be reviewed by the Commission at
26the request of either the employer or the employee, on the

 

 

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1ground that the disability of the employee has subsequently
2recurred, increased, diminished or ended.
3    However, as to accidents occurring subsequent to July 1,
41955, which are covered by any agreement or award under this
5Act providing for compensation in installments made as a result
6of such accident, such agreement or award may at any time
7within 30 months, or 60 months in the case of an award under
8Section 8(d)1, after such agreement or award be reviewed by the
9Commission at the request of either the employer or the
10employee on the ground that the disability of the employee has
11subsequently recurred, increased, diminished or ended.
12    On such review, compensation payments may be
13re-established, increased, diminished or ended. The Commission
14shall give 15 days' notice to the parties of the hearing for
15review. Any employee, upon any petition for such review being
16filed by the employer, shall be entitled to one day's notice
17for each 100 miles necessary to be traveled by him in attending
18the hearing of the Commission upon the petition, and 3 days in
19addition thereto. Such employee shall, at the discretion of the
20Commission, also be entitled to 5 cents per mile necessarily
21traveled by him within the State of Illinois in attending such
22hearing, not to exceed a distance of 300 miles, to be taxed by
23the Commission as costs and deposited with the petition of the
24employer.
25    When compensation which is payable in accordance with an
26award or settlement contract approved by the Commission, is

 

 

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1ordered paid in a lump sum by the Commission, no review shall
2be had as in this paragraph mentioned.
3    (i) Each party, upon taking any proceedings or steps
4whatsoever before any Arbitrator, Commission or court, shall
5file with the Commission his address, or the name and address
6of any agent upon whom all notices to be given to such party
7shall be served, either personally or by registered mail,
8addressed to such party or agent at the last address so filed
9with the Commission. In the event such party has not filed his
10address, or the name and address of an agent as above provided,
11service of any notice may be had by filing such notice with the
12Commission.
13    (j) Whenever in any proceeding testimony has been taken or
14a final decision has been rendered and after the taking of such
15testimony or after such decision has become final, the injured
16employee dies, then in any subsequent proceedings brought by
17the personal representative or beneficiaries of the deceased
18employee, such testimony in the former proceeding may be
19introduced with the same force and effect as though the witness
20having so testified were present in person in such subsequent
21proceedings and such final decision, if any, shall be taken as
22final adjudication of any of the issues which are the same in
23both proceedings.
24    (k) In case where there has been any unreasonable or
25vexatious delay of payment or intentional underpayment of
26compensation, or proceedings have been instituted or carried on

 

 

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1by the one liable to pay the compensation, which do not present
2a real controversy, but are merely frivolous or for delay, then
3the Commission may award compensation additional to that
4otherwise payable under this Act equal to 50% of the amount
5payable at the time of such award. Failure to pay compensation
6in accordance with the provisions of Section 8, paragraph (b)
7of this Act, shall be considered unreasonable delay.
8    When determining whether this subsection (k) shall apply,
9the Commission shall consider whether an Arbitrator has
10determined that the claim is not compensable or whether the
11employer has made payments under Section 8(j).
12    (l) If the employee has made written demand for payment of
13benefits under Section 8(a) or Section 8(b), the employer shall
14have 14 days after receipt of the demand to set forth in
15writing the reason for the delay. In the case of demand for
16payment of medical benefits under Section 8(a), the time for
17the employer to respond shall not commence until the expiration
18of the allotted 30 days specified under Section 8.2(d). In case
19the employer or his or her insurance carrier shall without good
20and just cause fail, neglect, refuse, or unreasonably delay the
21payment of benefits under Section 8(a) or Section 8(b), the
22Arbitrator or the Commission shall allow to the employee
23additional compensation in the sum of $30 per day for each day
24that the benefits under Section 8(a) or Section 8(b) have been
25so withheld or refused, not to exceed $10,000. A delay in
26payment of 14 days or more shall create a rebuttable

 

 

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1presumption of unreasonable delay.
2    (m) If the commission finds that an accidental injury was
3directly and proximately caused by the employer's wilful
4violation of a health and safety standard under the Health and
5Safety Act or the Occupational Safety and Health Act in force
6at the time of the accident, the arbitrator or the Commission
7shall allow to the injured employee or his dependents, as the
8case may be, additional compensation equal to 25% of the amount
9which otherwise would be payable under the provisions of this
10Act exclusive of this paragraph. The additional compensation
11herein provided shall be allowed by an appropriate increase in
12the applicable weekly compensation rate.
13    (n) After June 30, 1984, decisions of the Illinois Workers'
14Compensation Commission reviewing an award of an arbitrator of
15the Commission shall draw interest at a rate equal to the yield
16on indebtedness issued by the United States Government with a
1726-week maturity next previously auctioned on the day on which
18the decision is filed. Said rate of interest shall be set forth
19in the Arbitrator's Decision. Interest shall be drawn from the
20date of the arbitrator's award on all accrued compensation due
21the employee through the day prior to the date of payments.
22However, when an employee appeals an award of an Arbitrator or
23the Commission, and the appeal results in no change or a
24decrease in the award, interest shall not further accrue from
25the date of such appeal.
26    The employer or his insurance carrier may tender the

 

 

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1payments due under the award to stop the further accrual of
2interest on such award notwithstanding the prosecution by
3either party of review, certiorari, appeal to the Supreme Court
4or other steps to reverse, vacate or modify the award.
5    (o) By the 15th day of each month each insurer providing
6coverage for losses under this Act shall notify each insured
7employer of any compensable claim incurred during the preceding
8month and the amounts paid or reserved on the claim including a
9summary of the claim and a brief statement of the reasons for
10compensability. A cumulative report of all claims incurred
11during a calendar year or continued from the previous year
12shall be furnished to the insured employer by the insurer
13within 30 days after the end of that calendar year.
14    The insured employer may challenge, in proceeding before
15the Commission, payments made by the insurer without
16arbitration and payments made after a case is determined to be
17noncompensable. If the Commission finds that the case was not
18compensable, the insurer shall purge its records as to that
19employer of any loss or expense associated with the claim,
20reimburse the employer for attorneys' fees arising from the
21challenge and for any payment required of the employer to the
22Rate Adjustment Fund or the Second Injury Fund, and may not
23reflect the loss or expense for rate making purposes. The
24employee shall not be required to refund the challenged
25payment. The decision of the Commission may be reviewed in the
26same manner as in arbitrated cases. No challenge may be

 

 

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1initiated under this paragraph more than 3 years after the
2payment is made. An employer may waive the right of challenge
3under this paragraph on a case by case basis.
4    (p) After filing an application for adjustment of claim but
5prior to the hearing on arbitration the parties may voluntarily
6agree to submit such application for adjustment of claim for
7decision by an arbitrator under this subsection (p) where such
8application for adjustment of claim raises only a dispute over
9temporary total disability, permanent partial disability or
10medical expenses. Such agreement shall be in writing in such
11form as provided by the Commission. Applications for adjustment
12of claim submitted for decision by an arbitrator under this
13subsection (p) shall proceed according to rule as established
14by the Commission. The Commission shall promulgate rules
15including, but not limited to, rules to ensure that the parties
16are adequately informed of their rights under this subsection
17(p) and of the voluntary nature of proceedings under this
18subsection (p). The findings of fact made by an arbitrator
19acting within his or her powers under this subsection (p) in
20the absence of fraud shall be conclusive. However, the
21arbitrator may on his own motion, or the motion of either
22party, correct any clerical errors or errors in computation
23within 15 days after the date of receipt of such award of the
24arbitrator and shall have the power to recall the original
25award on arbitration, and issue in lieu thereof such corrected
26award. The decision of the arbitrator under this subsection (p)

 

 

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1shall be considered the decision of the Commission and
2proceedings for review of questions of law arising from the
3decision may be commenced by either party pursuant to
4subsection (f) of Section 19. The Advisory Board established
5under Section 13.1 shall compile a list of certified Commission
6arbitrators, each of whom shall be approved by at least 7
7members of the Advisory Board. The chairman shall select 5
8persons from such list to serve as arbitrators under this
9subsection (p). By agreement, the parties shall select one
10arbitrator from among the 5 persons selected by the chairman
11except that if the parties do not agree on an arbitrator from
12among the 5 persons, the parties may, by agreement, select an
13arbitrator of the American Arbitration Association, whose fee
14shall be paid by the State in accordance with rules promulgated
15by the Commission. Arbitration under this subsection (p) shall
16be voluntary.
17(Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874,
18eff. 1-1-15.)
 
19    Section 15. The Workers' Occupational Diseases Act is
20amended by changing Section 19 as follows:
 
21    (820 ILCS 310/19)  (from Ch. 48, par. 172.54)
22    Sec. 19. Any disputed questions of law or fact shall be
23determined as herein provided.
24    (a) It shall be the duty of the Commission upon

 

 

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1notification that the parties have failed to reach an agreement
2to designate an Arbitrator.
3        (1) The application for adjustment of claim filed with
4    the Commission shall state:
5            A. The approximate date of the last day of the last
6        exposure and the approximate date of the disablement.
7            B. The general nature and character of the illness
8        or disease claimed.
9            C. The name and address of the employer by whom
10        employed on the last day of the last exposure and if
11        employed by any other employer after such last exposure
12        and before disablement the name and address of such
13        other employer or employers.
14            D. In case of death, the date and place of death.
15        (2) Amendments to applications for adjustment of claim
16    which relate to the same disablement or disablement
17    resulting in death originally claimed upon may be allowed
18    by the Commissioner or an Arbitrator thereof, in their
19    discretion, and in the exercise of such discretion, they
20    may in proper cases order a trial de novo; such amendment
21    shall relate back to the date of the filing of the original
22    application so amended.
23        (3) Whenever any claimant misconceives his remedy and
24    files an application for adjustment of claim under this Act
25    and it is subsequently discovered, at any time before final
26    disposition of such cause, that the claim for disability or

 

 

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1    death which was the basis for such application should
2    properly have been made under the Workers' Compensation
3    Act, then the provisions of Section 19 paragraph (a-1) of
4    the Workers' Compensation Act having reference to such
5    application shall apply.
6        Whenever any claimant misconceives his remedy and
7    files an application for adjustment of claim under the
8    Workers' Compensation 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' Compensation Act may be amended in form, substance
14    or both to assert claim for such disability or death under
15    this Act and it shall be deemed to have been so filed as
16    amended on the date of the original filing thereof, and
17    such compensation may be awarded as is warranted by the
18    whole evidence pursuant to the provisions of 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; provided, that nothing in this Section
22    contained shall be construed to be or permit a waiver of
23    any provisions of this Act with reference to notice, but
24    notice if given shall be deemed to be a notice under the
25    provisions of this Act if given within the time required
26    herein.

 

 

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1    (b) The Arbitrator shall make such inquiries and
2investigations as he shall deem necessary and may examine and
3inspect all books, papers, records, places, or premises
4relating to the questions in dispute and hear such proper
5evidence as the parties may submit.
6    The hearings before the Arbitrator shall be held in the
7vicinity where the last exposure occurred, after 10 days'
8notice of the time and place of such hearing shall have been
9given to each of the parties or their attorneys of record.
10    The Arbitrator may find that the disabling condition is
11temporary and has not yet reached a permanent condition and may
12order the payment of compensation up to the date of the
13hearing, which award shall be reviewable and enforceable in the
14same manner as other awards, and in no instance be a bar to a
15further hearing and determination of a further amount of
16temporary total compensation or of compensation for permanent
17disability, but shall be conclusive as to all other questions
18except the nature and extent of such disability.
19    The decision of the Arbitrator shall be filed with the
20Commission which Commission shall immediately send to each
21party or his attorney a copy of such decision, together with a
22notification of the time when it was filed. As of the effective
23date of this amendatory Act of the 94th General Assembly, all
24decisions of the Arbitrator shall set forth in writing findings
25of fact and conclusions of law, separately stated, if requested
26by either party. Unless a petition for review is filed by

 

 

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1either party within 30 days after the receipt by such party of
2the copy of the decision and notification of time when filed,
3and unless such party petitioning for a review shall within 35
4days after the receipt by him of the copy of the decision, file
5with the Commission either an agreed statement of the facts
6appearing upon the hearing before the Arbitrator, or if such
7party shall so elect a correct transcript of evidence of the
8proceedings at such hearings, then the decision shall become
9the decision of the Commission and in the absence of fraud
10shall be conclusive. The Petition for Review shall contain a
11statement of the petitioning party's specific exceptions to the
12decision of the arbitrator. The jurisdiction of the Commission
13to review the decision of the arbitrator shall not be limited
14to the exceptions stated in the Petition for Review. The
15Commission, or any member thereof, may grant further time not
16exceeding 30 days, in which to file such agreed statement or
17transcript of evidence. Such agreed statement of facts or
18correct transcript of evidence, as the case may be, shall be
19authenticated by the signatures of the parties or their
20attorneys, and in the event they do not agree as to the
21correctness of the transcript of evidence it shall be
22authenticated by the signature of the Arbitrator designated by
23the Commission.
24    Whether the employee is working or not, if the employee is
25not receiving or has not received medical, surgical, or
26hospital services or other services or compensation as provided

 

 

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1in paragraph (a) of Section 8 of the Workers' Compensation Act,
2or compensation as provided in paragraph (b) of Section 8 of
3the Workers' Compensation Act, the employee may at any time
4petition for an expedited hearing by an Arbitrator on the issue
5of whether or not he or she is entitled to receive payment of
6the services or compensation. Provided the employer continues
7to pay compensation pursuant to paragraph (b) of Section 8 of
8the Workers' Compensation Act, the employer may at any time
9petition for an expedited hearing on the issue of whether or
10not the employee is entitled to receive medical, surgical, or
11hospital services or other services or compensation as provided
12in paragraph (a) of Section 8 of the Workers' Compensation Act,
13or compensation as provided in paragraph (b) of Section 8 of
14the Workers' Compensation Act. When an employer has petitioned
15for an expedited hearing, the employer shall continue to pay
16compensation as provided in paragraph (b) of Section 8 of the
17Workers' Compensation Act unless the arbitrator renders a
18decision that the employee is not entitled to the benefits that
19are the subject of the expedited hearing or unless the
20employee's treating physician has released the employee to
21return to work at his or her regular job with the employer or
22the employee actually returns to work at any other job. If the
23arbitrator renders a decision that the employee is not entitled
24to the benefits that are the subject of the expedited hearing,
25a petition for review filed by the employee shall receive the
26same priority as if the employee had filed a petition for an

 

 

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1expedited hearing by an arbitrator. Neither party shall be
2entitled to an expedited hearing when the employee has returned
3to work and the sole issue in dispute amounts to less than 12
4weeks of unpaid compensation pursuant to paragraph (b) of
5Section 8 of the Workers' Compensation Act.
6    Expedited hearings shall have priority over all other
7petitions and shall be heard by the Arbitrator and Commission
8with all convenient speed. Any party requesting an expedited
9hearing shall give notice of a request for an expedited hearing
10under this paragraph. A copy of the Application for Adjustment
11of Claim shall be attached to the notice. The Commission shall
12adopt rules and procedures under which the final decision of
13the Commission under this paragraph is filed not later than 180
14days from the date that the Petition for Review is filed with
15the Commission.
16    Where 2 or more insurance carriers, private self-insureds,
17or a group workers' compensation pool under Article V 3/4 of
18the Illinois Insurance Code dispute coverage for the same
19disease, any such insurance carrier, private self-insured, or
20group workers' compensation pool may request an expedited
21hearing pursuant to this paragraph to determine the issue of
22coverage, provided coverage is the only issue in dispute and
23all other issues are stipulated and agreed to and further
24provided that all compensation benefits including medical
25benefits pursuant to Section 8(a) of the Workers' Compensation
26Act continue to be paid to or on behalf of petitioner. Any

 

 

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1insurance carrier, private self-insured, or group workers'
2compensation pool that is determined to be liable for coverage
3for the disease in issue shall reimburse any insurance carrier,
4private self-insured, or group workers' compensation pool that
5has paid benefits to or on behalf of petitioner for the
6disease.
7    (b-1) If the employee is not receiving, pursuant to Section
87, medical, surgical or hospital services of the type provided
9for in paragraph (a) of Section 8 of the Workers' Compensation
10Act or compensation of the type provided for in paragraph (b)
11of Section 8 of the Workers' Compensation Act, the employee, in
12accordance with Commission Rules, may file a petition for an
13emergency hearing by an Arbitrator on the issue of whether or
14not he is entitled to receive payment of such compensation or
15services as provided therein. Such petition shall have priority
16over all other petitions and shall be heard by the Arbitrator
17and Commission with all convenient speed.
18    Such petition shall contain the following information and
19shall be served on the employer at least 15 days before it is
20filed:
21        (i) the date and approximate time of the last exposure;
22        (ii) the approximate location of the last exposure;
23        (iii) a description of the last exposure;
24        (iv) the nature of the disability incurred by the
25    employee;
26        (v) the identity of the person, if known, to whom the

 

 

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1    disability was reported and the date on which it was
2    reported;
3        (vi) the name and title of the person, if known,
4    representing the employer with whom the employee conferred
5    in any effort to obtain pursuant to Section 7 compensation
6    of the type provided for in paragraph (b) of Section 8 of
7    the Workers' Compensation Act or medical, surgical or
8    hospital services of the type provided for in paragraph (a)
9    of Section 8 of the Workers' Compensation Act and the date
10    of such conference;
11        (vii) a statement that the employer has refused to pay
12    compensation pursuant to Section 7 of the type provided for
13    in paragraph (b) of Section 8 of the Workers' Compensation
14    Act or for medical, surgical or hospital services pursuant
15    to Section 7 of the type provided for in paragraph (a) of
16    Section 8 of the Workers' Compensation Act;
17        (viii) the name and address, if known, of each witness
18    to the last exposure and of each other person upon whom the
19    employee will rely to support his allegations;
20        (ix) the dates of treatment related to the disability
21    by medical practitioners, and the names and addresses of
22    such practitioners, including the dates of treatment
23    related to the disability at any hospitals and the names
24    and addresses of such hospitals, and a signed authorization
25    permitting the employer to examine all medical records of
26    all practitioners and hospitals named pursuant to this

 

 

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1    paragraph;
2        (x) a copy of a signed report by a medical
3    practitioner, relating to the employee's current inability
4    to return to work because of the disability incurred as a
5    result of the exposure or such other documents or
6    affidavits which show that the employee is entitled to
7    receive pursuant to Section 7 compensation of the type
8    provided for in paragraph (b) of Section 8 of the Workers'
9    Compensation Act or medical, surgical or hospital services
10    of the type provided for in paragraph (a) of Section 8 of
11    the Workers' Compensation Act. Such reports, documents or
12    affidavits shall state, if possible, the history of the
13    exposure given by the employee, and describe the disability
14    and medical diagnosis, the medical services for such
15    disability which the employee has received and is
16    receiving, the physical activities which the employee
17    cannot currently perform as a result of such disability,
18    and the prognosis for recovery;
19        (xi) complete copies of any reports, records,
20    documents and affidavits in the possession of the employee
21    on which the employee will rely to support his allegations,
22    provided that the employer shall pay the reasonable cost of
23    reproduction thereof;
24        (xii) a list of any reports, records, documents and
25    affidavits which the employee has demanded by subpoena and
26    on which he intends to rely to support his allegations;

 

 

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1        (xiii) a certification signed by the employee or his
2    representative that the employer has received the petition
3    with the required information 15 days before filing.
4    Fifteen days after receipt by the employer of the petition
5with the required information the employee may file said
6petition and required information and shall serve notice of the
7filing upon the employer. The employer may file a motion
8addressed to the sufficiency of the petition. If an objection
9has been filed to the sufficiency of the petition, the
10arbitrator shall rule on the objection within 2 working days.
11If such an objection is filed, the time for filing the final
12decision of the Commission as provided in this paragraph shall
13be tolled until the arbitrator has determined that the petition
14is sufficient.
15    The employer shall, within 15 days after receipt of the
16notice that such petition is filed, file with the Commission
17and serve on the employee or his representative a written
18response to each claim set forth in the petition, including the
19legal and factual basis for each disputed allegation and the
20following information: (i) complete copies of any reports,
21records, documents and affidavits in the possession of the
22employer on which the employer intends to rely in support of
23his response, (ii) a list of any reports, records, documents
24and affidavits which the employer has demanded by subpoena and
25on which the employer intends to rely in support of his
26response, (iii) the name and address of each witness on whom

 

 

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

 

 

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1date the petition for an emergency hearing is filed with the
2Illinois Workers' Compensation Commission.
3    All service required pursuant to this paragraph (b-1) must
4be by personal service or by certified mail and with evidence
5of receipt. In addition, for the purposes of this paragraph,
6all service on the employer must be at the premises where the
7accident occurred if the premises are owned or operated by the
8employer. Otherwise service must be at the employee's principal
9place of employment by the employer. If service on the employer
10is not possible at either of the above, then service shall be
11at the employer's principal place of business. After initial
12service in each case, service shall be made on the employer's
13attorney or designated representative.
14    (c)(1) At a reasonable time in advance of and in connection
15with the hearing under Section 19(e) or 19(h), the Commission
16may on its own motion order an impartial physical or mental
17examination of a petitioner whose mental or physical condition
18is in issue, when in the Commission's discretion it appears
19that such an examination will materially aid in the just
20determination of the case. The examination shall be made by a
21member or members of a panel of physicians chosen for their
22special qualifications by the Illinois State Medical Society.
23The Commission shall establish procedures by which a physician
24shall be selected from such list.
25    (2) Should the Commission at any time during the hearing
26find that compelling considerations make it advisable to have

 

 

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1an examination and report at that time, the Commission may in
2its discretion so order.
3    (3) A copy of the report of examination shall be given to
4the Commission and to the attorneys for the parties.
5    (4) Either party or the Commission may call the examining
6physician or physicians to testify. Any physician so called
7shall be subject to cross-examination.
8    (5) The examination shall be made, and the physician or
9physicians, if called, shall testify, without cost to the
10parties. The Commission shall determine the compensation and
11the pay of the physician or physicians. The compensation for
12this service shall not exceed the usual and customary amount
13for such service.
14    The fees and payment thereof of all attorneys and
15physicians for services authorized by the Commission under this
16Act shall, upon request of either the employer or the employee
17or the beneficiary affected, be subject to the review and
18decision of the Commission.
19    (d) If any employee shall persist in insanitary or
20injurious practices which tend to either imperil or retard his
21recovery or shall refuse to submit to such medical, surgical,
22or hospital treatment as is reasonably essential to promote his
23recovery, the Commission may, in its discretion, reduce or
24suspend the compensation of any such employee; provided, that
25when an employer and employee so agree in writing, the
26foregoing provision shall not be construed to authorize the

 

 

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1reduction or suspension of compensation of an employee who is
2relying in good faith, on treatment by prayer or spiritual
3means alone, in accordance with the tenets and practice of a
4recognized church or religious denomination, by a duly
5accredited practitioner thereof.
6    (e) This paragraph shall apply to all hearings before the
7Commission. Such hearings may be held in its office or
8elsewhere as the Commission may deem advisable. The taking of
9testimony on such hearings may be had before any member of the
10Commission. If a petition for review and agreed statement of
11facts or transcript of evidence is filed, as provided herein,
12the Commission shall promptly review the decision of the
13Arbitrator and all questions of law or fact which appear from
14the statement of facts or transcripts of evidence. In all cases
15in which the hearing before the arbitrator is held after the
16effective date of this amendatory Act of 1989, no additional
17evidence shall be introduced by the parties before the
18Commission on review of the decision of the Arbitrator. The
19Commission shall file in its office its decision thereon, and
20shall immediately send to each party or his attorney a copy of
21such decision and a notification of the time when it was filed.
22Decisions shall be filed within 60 days after the Statement of
23Exceptions and Supporting Brief and Response thereto are
24required to be filed or oral argument whichever is later.
25    In the event either party requests oral argument, such
26argument shall be had before a panel of 3 members of the

 

 

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1Commission (or before all available members pursuant to the
2determination of 7 members of the Commission that such argument
3be held before all available members of the Commission)
4pursuant to the rules and regulations of the Commission. A
5panel of 3 members, which shall be comprised of not more than
6one representative citizen of the employing class and not more
7than one representative from a labor organization recognized
8under the National Labor Relations Act citizen of the employee
9class, shall hear the argument; provided that if all the issues
10in dispute are solely the nature and extent of the permanent
11partial disability, if any, a majority of the panel may deny
12the request for such argument and such argument shall not be
13held; and provided further that 7 members of the Commission may
14determine that the argument be held before all available
15members of the Commission. A decision of the Commission shall
16be approved by a majority of Commissioners present at such
17hearing if any; provided, if no such hearing is held, a
18decision of the Commission shall be approved by a majority of a
19panel of 3 members of the Commission as described in this
20Section. The Commission shall give 10 days' notice to the
21parties or their attorneys of the time and place of such taking
22of testimony and of such argument.
23    In any case the Commission in its decision may in its
24discretion find specially upon any question or questions of law
25or facts which shall be submitted in writing by either party
26whether ultimate or otherwise; provided that on issues other

 

 

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

 

 

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1nature of pleadings filed by either party, together with the
2decisions of the Arbitrator and of the Commission and the
3statement of facts or transcript of evidence hereinbefore
4provided for in paragraphs (b) and (c) shall be the record of
5the proceedings of the Commission, and shall be subject to
6review as hereinafter provided.
7    At the request of either party or on its own motion, the
8Commission shall set forth in writing the reasons for the
9decision, including findings of fact and conclusions of law,
10separately stated. The Commission shall by rule adopt a format
11for written decisions for the Commission and arbitrators. The
12written decisions shall be concise and shall succinctly state
13the facts and reasons for the decision. The Commission may
14adopt in whole or in part, the decision of the arbitrator as
15the decision of the Commission. When the Commission does so
16adopt the decision of the arbitrator, it shall do so by order.
17Whenever the Commission adopts part of the arbitrator's
18decision, but not all, it shall include in the order the
19reasons for not adopting all of the arbitrator's decision. When
20a majority of a panel, after deliberation, has arrived at its
21decision, the decision shall be filed as provided in this
22Section without unnecessary delay, and without regard to the
23fact that a member of the panel has expressed an intention to
24dissent. Any member of the panel may file a dissent. Any
25dissent shall be filed no later than 10 days after the decision
26of the majority has been filed.

 

 

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1    Decisions rendered by the Commission after the effective
2date of this amendatory Act of 1980 and dissents, if any, shall
3be published together by the Commission. The conclusions of law
4set out in such decisions shall be regarded as precedents by
5arbitrators, for the purpose of achieving a more uniform
6administration of this Act.
7    (f) The decision of the Commission acting within its
8powers, according to the provisions of paragraph (e) of this
9Section shall, in the absence of fraud, be conclusive unless
10reviewed as in this paragraph hereinafter provided. However,
11the Arbitrator or the Commission may on his or its own motion,
12or on the motion of either party, correct any clerical error or
13errors in computation within 15 days after the date of receipt
14of any award by such Arbitrator or any decision on review of
15the Commission, and shall have the power to recall the original
16award on arbitration or decision on review, and issue in lieu
17thereof such corrected award or decision. Where such correction
18is made the time for review herein specified shall begin to run
19from the date of the receipt of the corrected award or
20decision.
21        (1) Except in cases of claims against the State of
22    Illinois, in which case the decision of the Commission
23    shall not be subject to judicial review, the Circuit Court
24    of the county where any of the parties defendant may be
25    found, or if none of the parties defendant be found in this
26    State then the Circuit Court of the county where any of the

 

 

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1    exposure occurred, shall by summons to the Commission have
2    power to review all questions of law and fact presented by
3    such record.
4        A proceeding for review shall be commenced within 20
5    days of the receipt of notice of the decision of the
6    Commission. The summons shall be issued by the clerk of
7    such court upon written request returnable on a designated
8    return day, not less than 10 or more than 60 days from the
9    date of issuance thereof, and the written request shall
10    contain the last known address of other parties in interest
11    and their attorneys of record who are to be served by
12    summons. Service upon any member of the Commission or the
13    Secretary or the Assistant Secretary thereof shall be
14    service upon the Commission, and service upon other parties
15    in interest and their attorneys of record shall be by
16    summons, and such service shall be made upon the Commission
17    and other parties in interest by mailing notices of the
18    commencement of the proceedings and the return day of the
19    summons to the office of the Commission and to the last
20    known place of residence of other parties in interest or
21    their attorney or attorneys of record. The clerk of the
22    court issuing the summons shall on the day of issue mail
23    notice of the commencement of the proceedings which shall
24    be done by mailing a copy of the summons to the office of
25    the Commission, and a copy of the summons to the other
26    parties in interest or their attorney or attorneys of

 

 

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1    record and the clerk of the court shall make certificate
2    that he has so sent such 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 in the Circuit Court unless the
7    party commencing the proceedings for review in the Circuit
8    Court as above provided, shall file with the Commission
9    notice of intent to file for review in Circuit Court. It
10    shall be the duty of the Commission upon such filing of
11    notice of intent to file for review in Circuit Court to
12    prepare a true and correct copy of such testimony and a
13    true and correct copy of all other matters contained in
14    such record and certified to by the Secretary or Assistant
15    Secretary thereof. The changes made to this subdivision
16    (f)(1) by this amendatory Act of the 98th General Assembly
17    apply to any Commission decision entered after the
18    effective date of this amendatory Act of the 98th General
19    Assembly.
20        No request for a summons may be filed and no summons
21    shall issue unless the party seeking to review the decision
22    of the Commission shall exhibit to the clerk of the Circuit
23    Court proof of filing with the Commission of the notice of
24    the intent to file for review in the Circuit Court or an
25    affidavit of the attorney setting forth that notice of
26    intent to file for review in Circuit Court has been given

 

 

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1    in writing to the Secretary or Assistant Secretary of the
2    Commission.
3        (2) No such summons shall issue unless the one against
4    whom the Commission shall have rendered an award for the
5    payment of money shall upon the filing of his written
6    request for such summons file with the clerk of the court a
7    bond conditioned that if he shall not successfully
8    prosecute the review, he will pay the award and the costs
9    of the proceedings in the court. The amount of the bond
10    shall be fixed by any member of the Commission and the
11    surety or sureties of the bond shall be approved by the
12    clerk of the court. The acceptance of the bond by the clerk
13    of the court shall constitute evidence of his approval of
14    the bond.
15        Every county, city, town, township, incorporated
16    village, school district, body politic or municipal
17    corporation having a population of 500,000 or more against
18    whom the Commission shall have rendered an award for the
19    payment of money shall not be required to file a bond to
20    secure the payment of the award and the costs of the
21    proceedings in the court to authorize the court to issue
22    such summons.
23        The court may confirm or set aside the decision of the
24    Commission. If the decision is set aside and the facts
25    found in the proceedings before the Commission are
26    sufficient, the court may enter such decision as is

 

 

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1    justified by law, or may remand the cause to the Commission
2    for further proceedings and may state the questions
3    requiring further hearing, and give such other
4    instructions as may be proper. Appeals shall be taken to
5    the Appellate Court in accordance with Supreme Court Rules
6    22(g) and 303. Appeals shall be taken from the Appellate
7    Court to the Supreme Court in accordance with Supreme Court
8    Rule 315.
9        It shall be the duty of the clerk of any court
10    rendering a decision affecting or affirming an award of the
11    Commission to promptly furnish the Commission with a copy
12    of such decision, without charge.
13        The decision of a majority of the members of the panel
14    of the Commission, shall be considered the decision of the
15    Commission.
16    (g) Except in the case of a claim against the State of
17Illinois, either party may present a certified copy of the
18award of the Arbitrator, or a certified copy of the decision of
19the Commission when the same has become final, when no
20proceedings for review are pending, providing for the payment
21of compensation according to this Act, to the Circuit Court of
22the county in which such exposure occurred or either of the
23parties are residents, whereupon the court shall enter a
24judgment in accordance therewith. In case where the employer
25refuses to pay compensation according to such final award or
26such final decision upon which such judgment is entered, the

 

 

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1court shall in entering judgment thereon, tax as costs against
2him the reasonable costs and attorney fees in the arbitration
3proceedings and in the court entering the judgment for the
4person in whose favor the judgment is entered, which judgment
5and costs taxed as herein provided shall, until and unless set
6aside, have the same effect as though duly entered in an action
7duly tried and determined by the court, and shall with like
8effect, be entered and docketed. The Circuit Court shall have
9power at any time upon application to make any such judgment
10conform to any modification required by any subsequent decision
11of the Supreme Court upon appeal, or as the result of any
12subsequent proceedings for review, as provided in this Act.
13    Judgment shall not be entered until 15 days' notice of the
14time and place of the application for the entry of judgment
15shall be served upon the employer by filing such notice with
16the Commission, which Commission shall, in case it has on file
17the address of the employer or the name and address of its
18agent upon whom notices may be served, immediately send a copy
19of the notice to the employer or such designated agent.
20    (h) An agreement or award under this Act providing for
21compensation in installments, may at any time within 18 months
22after such agreement or award be reviewed by the Commission at
23the request of either the employer or the employee on the
24ground that the disability of the employee has subsequently
25recurred, increased, diminished or ended.
26    However, as to disablements occurring subsequently to July

 

 

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

 

 

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

 

 

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1payable at the time of such award. Failure to pay compensation
2in accordance with the provisions of Section 8, paragraph (b)
3of this Act, shall be considered unreasonable delay.
4    When determining whether this subsection (k) shall apply,
5the Commission shall consider whether an arbitrator has
6determined that the claim is not compensable or whether the
7employer has made payments under Section 8(j) of the Workers'
8Compensation Act.
9    (k-1) If the employee has made written demand for payment
10of benefits under Section 8(a) or Section 8(b) of the Workers'
11Compensation Act, the employer shall have 14 days after receipt
12of the demand to set forth in writing the reason for the delay.
13In the case of demand for payment of medical benefits under
14Section 8(a) of the Workers' Compensation Act, the time for the
15employer to respond shall not commence until the expiration of
16the allotted 60 days specified under Section 8.2(d) of the
17Workers' Compensation Act. In case the employer or his or her
18insurance carrier shall without good and just cause fail,
19neglect, refuse, or unreasonably delay the payment of benefits
20under Section 8(a) or Section 8(b) of the Workers' Compensation
21Act, the Arbitrator or the Commission shall allow to the
22employee additional compensation in the sum of $30 per day for
23each day that the benefits under Section 8(a) or Section 8(b)
24of the Workers' Compensation Act have been so withheld or
25refused, not to exceed $10,000. A delay in payment of 14 days
26or more shall create a rebuttable presumption of unreasonable

 

 

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1delay.
2    (l) By the 15th day of each month each insurer providing
3coverage for losses under this Act shall notify each insured
4employer of any compensable claim incurred during the preceding
5month and the amounts paid or reserved on the claim including a
6summary of the claim and a brief statement of the reasons for
7compensability. A cumulative report of all claims incurred
8during a calendar year or continued from the previous year
9shall be furnished to the insured employer by the insurer
10within 30 days after the end of that calendar year.
11    The insured employer may challenge, in proceeding before
12the Commission, payments made by the insurer without
13arbitration and payments made after a case is determined to be
14noncompensable. If the Commission finds that the case was not
15compensable, the insurer shall purge its records as to that
16employer of any loss or expense associated with the claim,
17reimburse the employer for attorneys fee arising from the
18challenge and for any payment required of the employer to the
19Rate Adjustment Fund or the Second Injury Fund, and may not
20effect the loss or expense for rate making purposes. The
21employee shall not be required to refund the challenged
22payment. The decision of the Commission may be reviewed in the
23same manner as in arbitrated cases. No challenge may be
24initiated under this paragraph more than 3 years after the
25payment is made. An employer may waive the right of challenge
26under this paragraph on a case by case basis.

 

 

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1    (m) After filing an application for adjustment of claim but
2prior to the hearing on arbitration the parties may voluntarily
3agree to submit such application for adjustment of claim for
4decision by an arbitrator under this subsection (m) where such
5application for adjustment of claim raises only a dispute over
6temporary total disability, permanent partial disability or
7medical expenses. Such agreement shall be in writing in such
8form as provided by the Commission. Applications for adjustment
9of claim submitted for decision by an arbitrator under this
10subsection (m) shall proceed according to rule as established
11by the Commission. The Commission shall promulgate rules
12including, but not limited to, rules to ensure that the parties
13are adequately informed of their rights under this subsection
14(m) and of the voluntary nature of proceedings under this
15subsection (m). The findings of fact made by an arbitrator
16acting within his or her powers under this subsection (m) in
17the absence of fraud shall be conclusive. However, the
18arbitrator may on his own motion, or the motion of either
19party, correct any clerical errors or errors in computation
20within 15 days after the date of receipt of such award of the
21arbitrator and shall have the power to recall the original
22award on arbitration, and issue in lieu thereof such corrected
23award. The decision of the arbitrator under this subsection (m)
24shall be considered the decision of the Commission and
25proceedings for review of questions of law arising from the
26decision may be commenced by either party pursuant to

 

 

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1subsection (f) of Section 19. The Advisory Board established
2under Section 13.1 of the Workers' Compensation Act shall
3compile a list of certified Commission arbitrators, each of
4whom shall be approved by at least 7 members of the Advisory
5Board. The chairman shall select 5 persons from such list to
6serve as arbitrators under this subsection (m). By agreement,
7the parties shall select one arbitrator from among the 5
8persons selected by the chairman except, that if the parties do
9not agree on an arbitrator from among the 5 persons, the
10parties may, by agreement, select an arbitrator of the American
11Arbitration Association, whose fee shall be paid by the State
12in accordance with rules promulgated by the Commission.
13Arbitration under this subsection (m) shall be voluntary.
14(Source: P.A. 98-40, eff. 6-28-13.)