Sen. Andy Manar

Filed: 5/17/2019

 

 


 

 


 
10100HB2301sam001LRB101 08580 TAE 60798 a

1
AMENDMENT TO HOUSE BILL 2301

2    AMENDMENT NO. ______. Amend House Bill 2301 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

10100HB2301sam001- 2 -LRB101 08580 TAE 60798 a

1(Source: P.A. 91-239, eff. 1-1-00.)
 
2    (20 ILCS 5/5-155)  (was 20 ILCS 5/5.04)
3    Sec. 5-155. In the Office of Mines and Minerals of the
4Department of Natural Resources. In the Office of Mines and
5Minerals of the Department of Natural Resources, there shall be
6a State Mining Board, which shall consist of 6 officers
7designated as mine officers and the Director of the Office of
8Mines and Minerals. Three officers shall be representatives of
9the employing class and 3 officers shall be chosen from a labor
10organization recognized under the National Labor Relations Act
11representing coal miners of the employee class. The 6 mine
12officers shall be qualified as follows:
13        (1) Two mine officers from the employing class shall
14    have at least 4 years' years experience in a supervisory
15    capacity in an underground coal mine and each shall hold a
16    certificate of competency as an Illinois a mine examiner or
17    Illinois mine manager.
18        (2) The third mine officer from the employing class
19    shall have at least 4 years' years experience in a
20    supervisory capacity in a surface coal mine.
21        (3) Two mine officers chosen from a labor organization
22    representing coal miners from the employee class shall have
23    4 years experience in an underground coal mine and shall
24    hold certificates a first class certificate of competency
25    as an Illinois mine examiner.

 

 

10100HB2301sam001- 3 -LRB101 08580 TAE 60798 a

1        (4) The third mine officer chosen from a labor
2    organization representing coal miners from the employee
3    class shall have at least 4 years experience in a surface
4    coal mine.
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    (20 ILCS 5/5-540)  (was 20 ILCS 5/6.28 and 5/7.01)
7    Sec. 5-540. In the Department of Employment Security. An
8Employment Security Advisory Board, composed of 12 persons. Of
9the 12 members of the Employment Security Advisory Board, 4
10members shall be chosen from a labor organization recognized
11under the National Labor Relations Act representative citizens
12chosen from the employee class, 4 members shall be
13representative citizens chosen from the employing class, and 4
14members shall be representative citizens not identified with
15either the employing class or a labor organization the employee
16class.
17(Source: P.A. 93-634, eff. 1-1-04.)
 
18    Section 7. The Coal Mining Act is amended by changing
19Sections 8.02 and 8.03 as follows:
 
20    (225 ILCS 705/8.02)  (from Ch. 96 1/2, par. 802)
21    Sec. 8.02. There is created in the Department of Natural
22Resources, Office of Mines and Minerals, a Miners' Examining
23Board which shall consist of 4 four miners' examining officers

 

 

10100HB2301sam001- 4 -LRB101 08580 TAE 60798 a

1to be appointed by the Governor, 2 of whom must be from a labor
2organization recognized under the National Labor Relations Act
3representing coal miners, for a term of 2 years and until their
4successors are appointed and qualified. Terms of office shall
5commence on the third Monday in January in each odd-numbered
6year. Three of such officers shall constitute a quorum.
7    This amendatory Act of 1995 does not affect the terms of
8members of the Miners' Examining Board holding office on the
9effective date of this amendatory Act of 1995.
10    A complete record of the proceedings and acts of the
11Miners' Examining Board shall be kept and preserved. Said
12officers shall hold no other lucrative office or employment
13under the government of the United States, State of Illinois,
14or any political division thereof or any municipal corporation
15therein and each such officer before entering upon the duties
16of his office shall subscribe and take the oath prescribed by
17the Constitution of this State, and shall before entering upon
18the duties of his office give a bond with sufficient surety to
19be approved by the Governor, payable to the People of the State
20of Illinois in the penal sum of $5,000, conditioned for the
21faithful discharge of the duties of office and the delivery of
22all records, books, moneys, and other property pertaining to
23his successor in office, which said bond shall be deposited in
24the office of the Secretary of State. Vacancies shall be filled
25by appointment as provided herein for the balance of the
26unexpired term.

 

 

10100HB2301sam001- 5 -LRB101 08580 TAE 60798 a

1(Source: P.A. 89-445, eff. 2-7-96.)
 
2    (225 ILCS 705/8.03)  (from Ch. 96 1/2, par. 803)
3    Sec. 8.03. No person shall be appointed to the Miners'
4Examining Board who has not had at least 5 years' practical and
5continuous experience as an underground a coal miner. The
6members of the Miners' Examining Board shall hold certificates
7of competency as an Illinois mine examiner. Two of the members
8of the Miners' Examining Board shall be representatives of a
9labor organization recognized under the National Labor
10Relations Act representing coal miners. Two of the members of
11the Miners' Examining Board shall be from the employing class. ,
12and who has not been actually engaged in coal mining as a miner
13in the State of Illinois continuously for 12 months next
14preceding his appointment; except that a miners' examining
15officer may be appointed to succeed himself.
16(Source: Laws 1953, p. 701.)
 
17    Section 10. The Workers' Compensation Act is amended by
18changing Sections 4, 8.3, 13.1, and 19 as follows:
 
19    (820 ILCS 305/4)  (from Ch. 48, par. 138.4)
20    Sec. 4. (a) Any employer, including but not limited to
21general contractors and their subcontractors, who shall come
22within the provisions of Section 3 of this Act, and any other
23employer who shall elect to provide and pay the compensation

 

 

10100HB2301sam001- 6 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 7 -LRB101 08580 TAE 60798 a

1    for in this Act, provided that any such employer whose
2    application and financial statement shall not have
3    satisfied the commission of his or her financial ability
4    and who shall have secured his liability in part by excess
5    liability insurance shall be required to furnish to the
6    Commission security, indemnity or bond guaranteeing his or
7    her payment up to the effective limits of the excess
8    coverage, or
9        (3) Insure his entire liability to pay such
10    compensation in some insurance carrier authorized,
11    licensed, or permitted to do such insurance business in
12    this State. Every policy of an insurance carrier, insuring
13    the payment of compensation under this Act shall cover all
14    the employees and the entire compensation liability of the
15    insured: Provided, however, that any employer may insure
16    his or her compensation liability with 2 or more insurance
17    carriers or may insure a part and qualify under subsection
18    1, 2, or 4 for the remainder of his or her liability to pay
19    such compensation, subject to the following two
20    provisions:
21            Firstly, the entire compensation liability of the
22        employer to employees working at or from one location
23        shall be insured in one such insurance carrier or shall
24        be self-insured, and
25            Secondly, the employer shall submit evidence
26        satisfactorily to the Commission that his or her entire

 

 

10100HB2301sam001- 8 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 9 -LRB101 08580 TAE 60798 a

1    4a.
2    The Illinois Workers' Compensation Commission shall impose
3a penalty upon an employer for violation of this subsection
4(a-1) if:
5        (i) the employer is given an opportunity at a hearing
6    to present evidence of its compliance with this subsection
7    (a-1); and
8        (ii) after the hearing, the Commission finds that the
9    employer failed to make payments upon the premium rates of
10    the situs where the work or project is located in Illinois.
11    The penalty shall not exceed $1,000 for each day of work
12for which the employer failed to make payments upon the premium
13rates of the situs where the work or project is located in
14Illinois, but the total penalty shall not exceed $50,000 for
15each project or each contract under which the work was
16performed.
17    Any penalty under this subsection (a-1) must be imposed not
18later than one year after the expiration of the applicable
19limitation period specified in subsection (d) of Section 6 of
20this Act. Penalties imposed under this subsection (a-1) shall
21be deposited into the Illinois Workers' Compensation
22Commission Operations Fund, a special fund that is created in
23the State treasury. Subject to appropriation, moneys in the
24Fund shall be used solely for the operations of the Illinois
25Workers' Compensation Commission and by the Department of
26Insurance for the purposes authorized in subsection (c) of

 

 

10100HB2301sam001- 10 -LRB101 08580 TAE 60798 a

1Section 25.5 of this Act.
2    (a-2) Every Employee Leasing Company (ELC), as defined in
3Section 15 of the Employee Leasing Company Act, shall at a
4minimum provide the following information to the Commission or
5any entity designated by the Commission regarding each workers'
6compensation insurance policy issued to the ELC:
7        (1) Any client company of the ELC listed as an
8    additional named insured.
9        (2) Any informational schedule attached to the master
10    policy that identifies any individual client company's
11    name, FEIN, and job location.
12        (3) Any certificate of insurance coverage document
13    issued to a client company specifying its rights and
14    obligations under the master policy that establishes both
15    the identity and status of the client, as well as the dates
16    of inception and termination of coverage, if applicable.
17    (b) The sworn application and financial statement, or
18security, indemnity or bond, or amount of insurance, or other
19provisions, filed, furnished, carried, or made by the employer,
20as the case may be, shall be subject to the approval of the
21Commission.
22    Deposits under escrow agreements shall be cash, negotiable
23United States government bonds or negotiable general
24obligation bonds of the State of Illinois. Such cash or bonds
25shall be deposited in escrow with any State or National Bank or
26Trust Company having trust authority in the State of Illinois.

 

 

10100HB2301sam001- 11 -LRB101 08580 TAE 60798 a

1    Upon the approval of the sworn application and financial
2statement, security, indemnity or bond or amount of insurance,
3filed, furnished or carried, as the case may be, the Commission
4shall send to the employer written notice of its approval
5thereof. The certificate of compliance by the employer with the
6provisions of subparagraphs (2) and (3) of paragraph (a) of
7this Section shall be delivered by the insurance carrier to the
8Illinois Workers' Compensation Commission within five days
9after the effective date of the policy so certified. The
10insurance so certified shall cover all compensation liability
11occurring during the time that the insurance is in effect and
12no further certificate need be filed in case such insurance is
13renewed, extended or otherwise continued by such carrier. The
14insurance so certified shall not be cancelled or in the event
15that such insurance is not renewed, extended or otherwise
16continued, such insurance shall not be terminated until at
17least 10 days after receipt by the Illinois Workers'
18Compensation Commission of notice of the cancellation or
19termination of said insurance; provided, however, that if the
20employer has secured insurance from another insurance carrier,
21or has otherwise secured the payment of compensation in
22accordance with this Section, and such insurance or other
23security becomes effective prior to the expiration of the 10
24days, cancellation or termination may, at the option of the
25insurance carrier indicated in such notice, be effective as of
26the effective date of such other insurance or security.

 

 

10100HB2301sam001- 12 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 13 -LRB101 08580 TAE 60798 a

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 service or adjustment
5company shall from and after a date fixed in such order be
6prohibited from processing, adjusting, investigating,
7compromising or otherwise handling claims under this Act.
8    Whenever the Commission finds that any self-insured
9employer has practiced or is practicing delay or unfairness
10toward employees in the adjustment, settlement or payment of
11benefits due such employees, the Commission may, after
12reasonable notice and hearing, order and direct that after a
13date fixed in the order such self-insured employer shall be
14disqualified to operate as a self-insurer and shall be required
15to insure his entire liability to pay compensation in some
16insurance carrier authorized, licensed and permitted to do such
17insurance business in this State, as provided in subparagraph 3
18of paragraph (a) of this Section.
19    All orders made by the Commission under this Section shall
20be subject to review by the courts, said review to be taken in
21the same manner and within the same time as provided by Section
2219 of this Act for review of awards and decisions of the
23Commission, upon the party seeking the review filing with the
24clerk of the court to which said review is taken a bond in an
25amount to be fixed and approved by the court to which the
26review is taken, conditioned upon the payment of all

 

 

10100HB2301sam001- 14 -LRB101 08580 TAE 60798 a

1compensation awarded against the person taking said review
2pending a decision thereof and further conditioned upon such
3other obligations as the court may impose. Upon the review the
4Circuit Court shall have power to review all questions of fact
5as well as of law. The penalty hereinafter provided for in this
6paragraph shall not attach and shall not begin to run until the
7final determination of the order of the Commission.
8    (d) Whenever a panel of 3 Commissioners comprised of one
9member of the employing class, one representative of a labor
10organization recognized under the National Labor Relations Act
11or an attorney who has represented labor organizations or has
12represented employees in workers' compensation cases member of
13the employee class, and one member not identified with either
14the employing class or a labor organization or employee class,
15with due process and after a hearing, determines an employer
16has knowingly failed to provide coverage as required by
17paragraph (a) of this Section, the failure shall be deemed an
18immediate serious danger to public health, safety, and welfare
19sufficient to justify service by the Commission of a work-stop
20order on such employer, requiring the cessation of all business
21operations of such employer at the place of employment or job
22site. Any law enforcement agency in the State shall, at the
23request of the Commission, render any assistance necessary to
24carry out the provisions of this Section, including, but not
25limited to, preventing any employee of such employer from
26remaining at a place of employment or job site after a

 

 

10100HB2301sam001- 15 -LRB101 08580 TAE 60798 a

1work-stop order has taken effect. Any work-stop order shall be
2lifted upon proof of insurance as required by this Act. Any
3orders under this Section are appealable under Section 19(f) to
4the Circuit Court.
5    Any individual employer, corporate officer or director of a
6corporate employer, partner of an employer partnership, or
7member of an employer limited liability company who knowingly
8fails to provide coverage as required by paragraph (a) of this
9Section is guilty of a Class 4 felony. This provision shall not
10apply to any corporate officer or director of any
11publicly-owned corporation. Each day's violation constitutes a
12separate offense. The State's Attorney of the county in which
13the violation occurred, or the Attorney General, shall bring
14such actions in the name of the People of the State of
15Illinois, or may, in addition to other remedies provided in
16this Section, bring an action for an injunction to restrain the
17violation or to enjoin the operation of any such employer.
18    Any individual employer, corporate officer or director of a
19corporate employer, partner of an employer partnership, or
20member of an employer limited liability company who negligently
21fails to provide coverage as required by paragraph (a) of this
22Section is guilty of a Class A misdemeanor. This provision
23shall not apply to any corporate officer or director of any
24publicly-owned corporation. Each day's violation constitutes a
25separate offense. The State's Attorney of the county in which
26the violation occurred, or the Attorney General, shall bring

 

 

10100HB2301sam001- 16 -LRB101 08580 TAE 60798 a

1such actions in the name of the People of the State of
2Illinois.
3    The criminal penalties in this subsection (d) shall not
4apply where there exists a good faith dispute as to the
5existence of an employment relationship. Evidence of good faith
6shall include, but not be limited to, compliance with the
7definition of employee as used by the Internal Revenue Service.
8    Employers who are subject to and who knowingly fail to
9comply with this Section shall not be entitled to the benefits
10of this Act during the period of noncompliance, but shall be
11liable in an action under any other applicable law of this
12State. In the action, such employer shall not avail himself or
13herself of the defenses of assumption of risk or negligence or
14that the injury was due to a co-employee. In the action, proof
15of the injury shall constitute prima facie evidence of
16negligence on the part of such employer and the burden shall be
17on such employer to show freedom of negligence resulting in the
18injury. The employer shall not join any other defendant in any
19such civil action. Nothing in this amendatory Act of the 94th
20General Assembly shall affect the employee's rights under
21subdivision (a)3 of Section 1 of this Act. Any employer or
22carrier who makes payments under subdivision (a)3 of Section 1
23of this Act shall have a right of reimbursement from the
24proceeds of any recovery under this Section.
25    An employee of an uninsured employer, or the employee's
26dependents in case death ensued, may, instead of proceeding

 

 

10100HB2301sam001- 17 -LRB101 08580 TAE 60798 a

1against the employer in a civil action in court, file an
2application for adjustment of claim with the Commission in
3accordance with the provisions of this Act and the Commission
4shall hear and determine the application for adjustment of
5claim in the manner in which other claims are heard and
6determined before the Commission.
7    All proceedings under this subsection (d) shall be reported
8on an annual basis to the Workers' Compensation Advisory Board.
9    An investigator with the Illinois Workers' Compensation
10Commission Insurance Compliance Division may issue a citation
11to any employer that is not in compliance with its obligation
12to have workers' compensation insurance under this Act. The
13amount of the fine shall be based on the period of time the
14employer was in non-compliance, but shall be no less than $500,
15and shall not exceed $2,500. An employer that has been issued a
16citation shall pay the fine to the Commission and provide to
17the Commission proof that it obtained the required workers'
18compensation insurance within 10 days after the citation was
19issued. This Section does not affect any other obligations this
20Act imposes on employers.
21    Upon a finding by the Commission, after reasonable notice
22and hearing, of the knowing and wilful failure or refusal of an
23employer to comply with any of the provisions of paragraph (a)
24of this Section, the failure or refusal of an employer, service
25or adjustment company, or an insurance carrier to comply with
26any order of the Illinois Workers' Compensation Commission

 

 

10100HB2301sam001- 18 -LRB101 08580 TAE 60798 a

1pursuant to paragraph (c) of this Section disqualifying him or
2her to operate as a self insurer and requiring him or her to
3insure his or her liability, or the knowing and willful failure
4of an employer to comply with a citation issued by an
5investigator with the Illinois Workers' Compensation
6Commission Insurance Compliance Division, the Commission may
7assess a civil penalty of up to $500 per day for each day of
8such failure or refusal after the effective date of this
9amendatory Act of 1989. The minimum penalty under this Section
10shall be the sum of $10,000. Each day of such failure or
11refusal shall constitute a separate offense. The Commission may
12assess the civil penalty personally and individually against
13the corporate officers and directors of a corporate employer,
14the partners of an employer partnership, and the members of an
15employer limited liability company, after a finding of a
16knowing and willful refusal or failure of each such named
17corporate officer, director, partner, or member to comply with
18this Section. The liability for the assessed penalty shall be
19against the named employer first, and if the named employer
20fails or refuses to pay the penalty to the Commission within 30
21days after the final order of the Commission, then the named
22corporate officers, directors, partners, or members who have
23been found to have knowingly and willfully refused or failed to
24comply with this Section shall be liable for the unpaid penalty
25or any unpaid portion of the penalty. Upon investigation by the
26insurance non-compliance unit of the Commission, the Attorney

 

 

10100HB2301sam001- 19 -LRB101 08580 TAE 60798 a

1General shall have the authority to prosecute all proceedings
2to enforce the civil and administrative provisions of this
3Section before the Commission. The Commission shall promulgate
4procedural rules for enforcing this Section.
5    Upon the failure or refusal of any employer, service or
6adjustment company or insurance carrier to comply with the
7provisions of this Section and with the orders of the
8Commission under this Section, or the order of the court on
9review after final adjudication, the Commission may bring a
10civil action to recover the amount of the penalty in Cook
11County or in Sangamon County in which litigation the Commission
12shall be represented by the Attorney General. The Commission
13shall send notice of its finding of non-compliance and
14assessment of the civil penalty to the Attorney General. It
15shall be the duty of the Attorney General within 30 days after
16receipt of the notice, to institute prosecutions and promptly
17prosecute all reported violations of this Section.
18    Any individual employer, corporate officer or director of a
19corporate employer, partner of an employer partnership, or
20member of an employer limited liability company who, with the
21intent to avoid payment of compensation under this Act to an
22injured employee or the employee's dependents, knowingly
23transfers, sells, encumbers, assigns, or in any manner disposes
24of, conceals, secretes, or destroys any property belonging to
25the employer, officer, director, partner, or member is guilty
26of a Class 4 felony.

 

 

10100HB2301sam001- 20 -LRB101 08580 TAE 60798 a

1    Penalties and fines collected pursuant to this paragraph
2(d) shall be deposited upon receipt into a special fund which
3shall be designated the Injured Workers' Benefit Fund, of which
4the State Treasurer is ex-officio custodian, such special fund
5to be held and disbursed in accordance with this paragraph (d)
6for the purposes hereinafter stated in this paragraph (d), upon
7the final order of the Commission. The Injured Workers' Benefit
8Fund shall be deposited the same as are State funds and any
9interest accruing thereon shall be added thereto every 6
10months. The Injured Workers' Benefit Fund is subject to audit
11the same as State funds and accounts and is protected by the
12general bond given by the State Treasurer. The Injured Workers'
13Benefit Fund is considered always appropriated for the purposes
14of disbursements as provided in this paragraph, and shall be
15paid out and disbursed as herein provided and shall not at any
16time be appropriated or diverted to any other use or purpose.
17Moneys in the Injured Workers' Benefit Fund shall be used only
18for payment of workers' compensation benefits for injured
19employees when the employer has failed to provide coverage as
20determined under this paragraph (d) and has failed to pay the
21benefits due to the injured employee. The Commission shall have
22the right to obtain reimbursement from the employer for
23compensation obligations paid by the Injured Workers' Benefit
24Fund. Any such amounts obtained shall be deposited by the
25Commission into the Injured Workers' Benefit Fund. If an
26injured employee or his or her personal representative receives

 

 

10100HB2301sam001- 21 -LRB101 08580 TAE 60798 a

1payment from the Injured Workers' Benefit Fund, the State of
2Illinois has the same rights under paragraph (b) of Section 5
3that the employer who failed to pay the benefits due to the
4injured employee would have had if the employer had paid those
5benefits, and any moneys recovered by the State as a result of
6the State's exercise of its rights under paragraph (b) of
7Section 5 shall be deposited into the Injured Workers' Benefit
8Fund. The custodian of the Injured Workers' Benefit Fund shall
9be joined with the employer as a party respondent in the
10application for adjustment of claim. After July 1, 2006, the
11Commission shall make disbursements from the Fund once each
12year to each eligible claimant. An eligible claimant is an
13injured worker who has within the previous fiscal year obtained
14a final award for benefits from the Commission against the
15employer and the Injured Workers' Benefit Fund and has notified
16the Commission within 90 days of receipt of such award. Within
17a reasonable time after the end of each fiscal year, the
18Commission shall make a disbursement to each eligible claimant.
19At the time of disbursement, if there are insufficient moneys
20in the Fund to pay all claims, each eligible claimant shall
21receive a pro-rata share, as determined by the Commission, of
22the available moneys in the Fund for that year. Payment from
23the Injured Workers' Benefit Fund to an eligible claimant
24pursuant to this provision shall discharge the obligations of
25the Injured Workers' Benefit Fund regarding the award entered
26by the Commission.

 

 

10100HB2301sam001- 22 -LRB101 08580 TAE 60798 a

1    (e) This Act shall not affect or disturb the continuance of
2any existing insurance, mutual aid, benefit, or relief
3association or department, whether maintained in whole or in
4part by the employer or whether maintained by the employees,
5the payment of benefits of such association or department being
6guaranteed by the employer or by some person, firm or
7corporation for him or her: Provided, the employer contributes
8to such association or department an amount not less than the
9full compensation herein provided, exclusive of the cost of the
10maintenance of such association or department and without any
11expense to the employee. This Act shall not prevent the
12organization and maintaining under the insurance laws of this
13State of any benefit or insurance company for the purpose of
14insuring against the compensation provided for in this Act, the
15expense of which is maintained by the employer. This Act shall
16not prevent the organization or maintaining under the insurance
17laws of this State of any voluntary mutual aid, benefit or
18relief association among employees for the payment of
19additional accident or sick benefits.
20    (f) No existing insurance, mutual aid, benefit or relief
21association or department shall, by reason of anything herein
22contained, be authorized to discontinue its operation without
23first discharging its obligations to any and all persons
24carrying insurance in the same or entitled to relief or
25benefits therein.
26    (g) Any contract, oral, written or implied, of employment

 

 

10100HB2301sam001- 23 -LRB101 08580 TAE 60798 a

1providing for relief benefit, or insurance or any other device
2whereby the employee is required to pay any premium or premiums
3for insurance against the compensation provided for in this Act
4shall be null and void. Any employer withholding from the wages
5of any employee any amount for the purpose of paying any such
6premium shall be guilty of a Class B misdemeanor.
7    In the event the employer does not pay the compensation for
8which he or she is liable, then an insurance company,
9association or insurer which may have insured such employer
10against such liability shall become primarily liable to pay to
11the employee, his or her personal representative or beneficiary
12the compensation required by the provisions of this Act to be
13paid by such employer. The insurance carrier may be made a
14party to the proceedings in which the employer is a party and
15an award may be entered jointly against the employer and the
16insurance carrier.
17    (h) It shall be unlawful for any employer, insurance
18company or service or adjustment company to interfere with,
19restrain or coerce an employee in any manner whatsoever in the
20exercise of the rights or remedies granted to him or her by
21this Act or to discriminate, attempt to discriminate, or
22threaten to discriminate against an employee in any way because
23of his or her exercise of the rights or remedies granted to him
24or her by this Act.
25    It shall be unlawful for any employer, individually or
26through any insurance company or service or adjustment company,

 

 

10100HB2301sam001- 24 -LRB101 08580 TAE 60798 a

1to discharge or to threaten to discharge, or to refuse to
2rehire or recall to active service in a suitable capacity an
3employee because of the exercise of his or her rights or
4remedies granted to him or her by this Act.
5    (i) If an employer elects to obtain a life insurance policy
6on his employees, he may also elect to apply such benefits in
7satisfaction of all or a portion of the death benefits payable
8under this Act, in which case, the employer's compensation
9premium shall be reduced accordingly.
10    (j) Within 45 days of receipt of an initial application or
11application to renew self-insurance privileges the
12Self-Insurers Advisory Board shall review and submit for
13approval by the Chairman of the Commission recommendations of
14disposition of all initial applications to self-insure and all
15applications to renew self-insurance privileges filed by
16private self-insurers pursuant to the provisions of this
17Section and Section 4a-9 of this Act. Each private self-insurer
18shall submit with its initial and renewal applications the
19application fee required by Section 4a-4 of this Act.
20    The Chairman of the Commission shall promptly act upon all
21initial applications and applications for renewal in full
22accordance with the recommendations of the Board or, should the
23Chairman disagree with any recommendation of disposition of the
24Self-Insurer's Advisory Board, he shall within 30 days of
25receipt of such recommendation provide to the Board in writing
26the reasons supporting his decision. The Chairman shall also

 

 

10100HB2301sam001- 25 -LRB101 08580 TAE 60798 a

1promptly notify the employer of his decision within 15 days of
2receipt of the recommendation of the Board.
3    If an employer is denied a renewal of self-insurance
4privileges pursuant to application it shall retain said
5privilege for 120 days after receipt of a notice of
6cancellation of the privilege from the Chairman of the
7Commission.
8    All orders made by the Chairman under this Section shall be
9subject to review by the courts, such review to be taken in the
10same manner and within the same time as provided by subsection
11(f) of Section 19 of this Act for review of awards and
12decisions of the Commission, upon the party seeking the review
13filing with the clerk of the court to which such review is
14taken a bond in an amount to be fixed and approved by the court
15to which the review is taken, conditioned upon the payment of
16all compensation awarded against the person taking such review
17pending a decision thereof and further conditioned upon such
18other obligations as the court may impose. Upon the review the
19Circuit Court shall have power to review all questions of fact
20as well as of law.
21(Source: P.A. 97-18, eff. 6-28-11.)
 
22    (820 ILCS 305/8.3)
23    Sec. 8.3. Workers' Compensation Medical Fee Advisory
24Board. There is created a Workers' Compensation Medical Fee
25Advisory Board consisting of 9 members appointed by the

 

 

10100HB2301sam001- 26 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 27 -LRB101 08580 TAE 60798 a

1General Assembly, the Advisory Board shall consist of 12
2members appointed by the Governor with the advice and consent
3of the Senate. Six members of the Advisory Board shall be
4representative citizens chosen from a labor organization
5recognized under the National Labor Relations Act or an
6attorney who has represented labor organizations or has
7represented employees in workers' compensation cases the
8employee class, and 6 members shall be representative citizens
9chosen from the employing class. The Chairman of the Commission
10shall serve as the ex officio Chairman of the Advisory Board.
11After the effective date of this amendatory Act of the 94th
12General Assembly, each member of the Advisory Board shall serve
13a term ending on the third Monday in January 2007 and shall
14continue to serve until his or her successor is appointed and
15qualified. Members of the Advisory Board shall thereafter be
16appointed for 4 year terms from the third Monday in January of
17the year of their appointment, and until their successors are
18appointed and qualified. Seven members of the Advisory Board
19shall constitute a quorum to do business, but in no case shall
20there be less than one representative from each class. A
21vacancy on the Advisory Board shall be filled by the Governor
22for the unexpired term.
23    (b) Members of the Advisory Board shall receive no
24compensation for their services but shall be reimbursed for
25expenses incurred in the performance of their duties by the
26Commission from appropriations made to the Commission for such

 

 

10100HB2301sam001- 28 -LRB101 08580 TAE 60798 a

1purpose.
2    (c) The Advisory Board shall aid the Commission in
3formulating policies, discussing problems, setting priorities
4of expenditures, reviewing advisory rates filed by an advisory
5organization as defined in Section 463 of the Illinois
6Insurance Code, and establishing short and long range
7administrative goals. Prior to making the (1) initial set of
8arbitrator appointments pursuant to this amendatory Act of the
997th General Assembly and (2) appointment of Commissioners, the
10Governor shall request that the Advisory Board make
11recommendations as to candidates to consider for appointment
12and the Advisory Board may then make such recommendations.
13    (d) The terms of all Advisory Board members serving on the
14effective date of this amendatory Act of the 97th General
15Assembly are terminated. The Governor shall appoint new members
16to the Advisory Board within 30 days after the effective date
17of the amendatory Act of the 97th General Assembly, subject to
18the advice and consent of the Senate.
19(Source: P.A. 97-18, eff. 6-28-11.)
 
20    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
21    Sec. 19. Any disputed questions of law or fact shall be
22determined as herein provided.
23    (a) It shall be the duty of the Commission upon
24notification that the parties have failed to reach an
25agreement, to designate an Arbitrator.

 

 

10100HB2301sam001- 29 -LRB101 08580 TAE 60798 a

1        1. Whenever any claimant misconceives his remedy and
2    files an application for adjustment of claim under this Act
3    and it is subsequently discovered, at any time before final
4    disposition of such cause, that the claim for disability or
5    death which was the basis for such application should
6    properly have been made under the Workers' Occupational
7    Diseases Act, then the provisions of Section 19, paragraph
8    (a-1) of the Workers' Occupational Diseases Act having
9    reference to such application shall apply.
10        2. Whenever any claimant misconceives his remedy and
11    files an application for adjustment of claim under the
12    Workers' Occupational Diseases Act and it is subsequently
13    discovered, at any time before final disposition of such
14    cause that the claim for injury or death which was the
15    basis for such application should properly have been made
16    under this Act, then the application so filed under the
17    Workers' Occupational Diseases Act may be amended in form,
18    substance or both to assert claim for such disability or
19    death under this Act and it shall be deemed to have been so
20    filed as amended on the date of the original filing
21    thereof, and such compensation may be awarded as is
22    warranted by the whole evidence pursuant to this Act. When
23    such amendment is submitted, further or additional
24    evidence may be heard by the Arbitrator or Commission when
25    deemed necessary. Nothing in this Section contained shall
26    be construed to be or permit a waiver of any provisions of

 

 

10100HB2301sam001- 30 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 31 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 32 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 33 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 34 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 35 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 36 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 37 -LRB101 08580 TAE 60798 a

1If such an objection is filed, the time for filing the final
2decision of the Commission as provided in this paragraph shall
3be tolled until the arbitrator has determined that the petition
4is sufficient.
5    The employer shall, within 15 days after receipt of the
6notice that such petition is filed, file with the Commission
7and serve on the employee or his representative a written
8response to each claim set forth in the petition, including the
9legal and factual basis for each disputed allegation and the
10following information: (i) complete copies of any reports,
11records, documents and affidavits in the possession of the
12employer on which the employer intends to rely in support of
13his response, (ii) a list of any reports, records, documents
14and affidavits which the employer has demanded by subpoena and
15on which the employer intends to rely in support of his
16response, (iii) the name and address of each witness on whom
17the employer will rely to support his response, and (iv) the
18names and addresses of any medical practitioners selected by
19the employer pursuant to Section 12 of this Act and the time
20and place of any examination scheduled to be made pursuant to
21such Section.
22    Any employer who does not timely file and serve a written
23response without good cause may not introduce any evidence to
24dispute any claim of the employee but may cross examine the
25employee or any witness brought by the employee and otherwise
26be heard.

 

 

10100HB2301sam001- 38 -LRB101 08580 TAE 60798 a

1    No document or other evidence not previously identified by
2either party with the petition or written response, or by any
3other means before the hearing, may be introduced into evidence
4without good cause. If, at the hearing, material information is
5discovered which was not previously disclosed, the Arbitrator
6may extend the time for closing proof on the motion of a party
7for a reasonable period of time which may be more than 30 days.
8No evidence may be introduced pursuant to this paragraph as to
9permanent disability. No award may be entered for permanent
10disability pursuant to this paragraph. Either party may
11introduce into evidence the testimony taken by deposition of
12any medical practitioner.
13    The Commission shall adopt rules, regulations and
14procedures whereby the final decision of the Commission is
15filed not later than 90 days from the date the petition for
16review is filed but in no event later than 180 days from the
17date the petition for an emergency hearing is filed with the
18Illinois Workers' Compensation Commission.
19    All service required pursuant to this paragraph (b-1) must
20be by personal service or by certified mail and with evidence
21of receipt. In addition for the purposes of this paragraph, all
22service on the employer must be at the premises where the
23accident occurred if the premises are owned or operated by the
24employer. Otherwise service must be at the employee's principal
25place of employment by the employer. If service on the employer
26is not possible at either of the above, then service shall be

 

 

10100HB2301sam001- 39 -LRB101 08580 TAE 60798 a

1at the employer's principal place of business. After initial
2service in each case, service shall be made on the employer's
3attorney or designated representative.
4    (c)(1) At a reasonable time in advance of and in connection
5with the hearing under Section 19(e) or 19(h), the Commission
6may on its own motion order an impartial physical or mental
7examination of a petitioner whose mental or physical condition
8is in issue, when in the Commission's discretion it appears
9that such an examination will materially aid in the just
10determination of the case. The examination shall be made by a
11member or members of a panel of physicians chosen for their
12special qualifications by the Illinois State Medical Society.
13The Commission shall establish procedures by which a physician
14shall be selected from such list.
15    (2) Should the Commission at any time during the hearing
16find that compelling considerations make it advisable to have
17an examination and report at that time, the commission may in
18its discretion so order.
19    (3) A copy of the report of examination shall be given to
20the Commission and to the attorneys for the parties.
21    (4) Either party or the Commission may call the examining
22physician or physicians to testify. Any physician so called
23shall be subject to cross-examination.
24    (5) The examination shall be made, and the physician or
25physicians, if called, shall testify, without cost to the
26parties. The Commission shall determine the compensation and

 

 

10100HB2301sam001- 40 -LRB101 08580 TAE 60798 a

1the pay of the physician or physicians. The compensation for
2this service shall not exceed the usual and customary amount
3for such service.
4    (6) The fees and payment thereof of all attorneys and
5physicians for services authorized by the Commission under this
6Act shall, upon request of either the employer or the employee
7or the beneficiary affected, be subject to the review and
8decision of the Commission.
9    (d) If any employee shall persist in insanitary or
10injurious practices which tend to either imperil or retard his
11recovery or shall refuse to submit to such medical, surgical,
12or hospital treatment as is reasonably essential to promote his
13recovery, the Commission may, in its discretion, reduce or
14suspend the compensation of any such injured employee. However,
15when an employer and employee so agree in writing, the
16foregoing provision shall not be construed to authorize the
17reduction or suspension of compensation of an employee who is
18relying in good faith, on treatment by prayer or spiritual
19means alone, in accordance with the tenets and practice of a
20recognized church or religious denomination, by a duly
21accredited practitioner thereof.
22    (e) This paragraph shall apply to all hearings before the
23Commission. Such hearings may be held in its office or
24elsewhere as the Commission may deem advisable. The taking of
25testimony on such hearings may be had before any member of the
26Commission. If a petition for review and agreed statement of

 

 

10100HB2301sam001- 41 -LRB101 08580 TAE 60798 a

1facts or transcript of evidence is filed, as provided herein,
2the Commission shall promptly review the decision of the
3Arbitrator and all questions of law or fact which appear from
4the statement of facts or transcript of evidence.
5    In all cases in which the hearing before the arbitrator is
6held after December 18, 1989, no additional evidence shall be
7introduced by the parties before the Commission on review of
8the decision of the Arbitrator. In reviewing decisions of an
9arbitrator the Commission shall award such temporary
10compensation, permanent compensation and other payments as are
11due under this Act. The Commission shall file in its office its
12decision thereon, and shall immediately send to each party or
13his attorney a copy of such decision and a notification of the
14time when it was filed. Decisions shall be filed within 60 days
15after the Statement of Exceptions and Supporting Brief and
16Response thereto are required to be filed or oral argument
17whichever is later.
18    In the event either party requests oral argument, such
19argument shall be had before a panel of 3 members of the
20Commission (or before all available members pursuant to the
21determination of 7 members of the Commission that such argument
22be held before all available members of the Commission)
23pursuant to the rules and regulations of the Commission. A
24panel of 3 members, which shall be comprised of not more than
25one representative citizen of the employing class and not more
26than one representative from a labor organization recognized

 

 

10100HB2301sam001- 42 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 43 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 44 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 45 -LRB101 08580 TAE 60798 a

1powers, according to the provisions of paragraph (e) of this
2Section shall, in the absence of fraud, be conclusive unless
3reviewed as in this paragraph hereinafter provided. However,
4the Arbitrator or the Commission may on his or its own motion,
5or on the motion of either party, correct any clerical error or
6errors in computation within 15 days after the date of receipt
7of any award by such Arbitrator or any decision on review of
8the Commission and shall have the power to recall the original
9award on arbitration or decision on review, and issue in lieu
10thereof such corrected award or decision. Where such correction
11is made the time for review herein specified shall begin to run
12from the date of the receipt of the corrected award or
13decision.
14        (1) Except in cases of claims against the State of
15    Illinois other than those claims under Section 18.1, in
16    which case the decision of the Commission shall not be
17    subject to judicial review, the Circuit Court of the county
18    where any of the parties defendant may be found, or if none
19    of the parties defendant can be found in this State then
20    the Circuit Court of the county where the accident
21    occurred, shall by summons to the Commission have power to
22    review all questions of law and fact presented by such
23    record.
24        A proceeding for review shall be commenced within 20
25    days of the receipt of notice of the decision of the
26    Commission. The summons shall be issued by the clerk of

 

 

10100HB2301sam001- 46 -LRB101 08580 TAE 60798 a

1    such court upon written request returnable on a designated
2    return day, not less than 10 or more than 60 days from the
3    date of issuance thereof, and the written request shall
4    contain the last known address of other parties in interest
5    and their attorneys of record who are to be served by
6    summons. Service upon any member of the Commission or the
7    Secretary or the Assistant Secretary thereof shall be
8    service upon the Commission, and service upon other parties
9    in interest and their attorneys of record shall be by
10    summons, and such service shall be made upon the Commission
11    and other parties in interest by mailing notices of the
12    commencement of the proceedings and the return day of the
13    summons to the office of the Commission and to the last
14    known place of residence of other parties in interest or
15    their attorney or attorneys of record. The clerk of the
16    court issuing the summons shall on the day of issue mail
17    notice of the commencement of the proceedings which shall
18    be done by mailing a copy of the summons to the office of
19    the Commission, and a copy of the summons to the other
20    parties in interest or their attorney or attorneys of
21    record and the clerk of the court shall make certificate
22    that he has so sent said notices in pursuance of this
23    Section, which shall be evidence of service on the
24    Commission and other parties in interest.
25        The Commission shall not be required to certify the
26    record of their proceedings to the Circuit Court, unless

 

 

10100HB2301sam001- 47 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 48 -LRB101 08580 TAE 60798 a

1    bond conditioned that if he shall not successfully
2    prosecute the review, he will pay the award and the costs
3    of the proceedings in the courts. The amount of the bond
4    shall be fixed by any member of the Commission and the
5    surety or sureties of the bond shall be approved by the
6    clerk of the court. The acceptance of the bond by the clerk
7    of the court shall constitute evidence of his approval of
8    the bond.
9        Every county, city, town, township, incorporated
10    village, school district, body politic or municipal
11    corporation against whom the Commission shall have
12    rendered an award for the payment of money shall not be
13    required to file a bond to secure the payment of the award
14    and the costs of the proceedings in the court to authorize
15    the court to issue such summons.
16        The court may confirm or set aside the decision of the
17    Commission. If the decision is set aside and the facts
18    found in the proceedings before the Commission are
19    sufficient, the court may enter such decision as is
20    justified by law, or may remand the cause to the Commission
21    for further proceedings and may state the questions
22    requiring further hearing, and give such other
23    instructions as may be proper. Appeals shall be taken to
24    the Appellate Court in accordance with Supreme Court Rules
25    22(g) and 303. Appeals shall be taken from the Appellate
26    Court to the Supreme Court in accordance with Supreme Court

 

 

10100HB2301sam001- 49 -LRB101 08580 TAE 60798 a

1    Rule 315.
2        It shall be the duty of the clerk of any court
3    rendering a decision affecting or affirming an award of the
4    Commission to promptly furnish the Commission with a copy
5    of such decision, without charge.
6        The decision of a majority of the members of the panel
7    of the Commission, shall be considered the decision of the
8    Commission.
9    (g) Except in the case of a claim against the State of
10Illinois, either party may present a certified copy of the
11award of the Arbitrator, or a certified copy of the decision of
12the Commission when the same has become final, when no
13proceedings for review are pending, providing for the payment
14of compensation according to this Act, to the Circuit Court of
15the county in which such accident occurred or either of the
16parties are residents, whereupon the court shall enter a
17judgment in accordance therewith. In a case where the employer
18refuses to pay compensation according to such final award or
19such final decision upon which such judgment is entered the
20court shall in entering judgment thereon, tax as costs against
21him the reasonable costs and attorney fees in the arbitration
22proceedings and in the court entering the judgment for the
23person in whose favor the judgment is entered, which judgment
24and costs taxed as therein provided shall, until and unless set
25aside, have the same effect as though duly entered in an action
26duly tried and determined by the court, and shall with like

 

 

10100HB2301sam001- 50 -LRB101 08580 TAE 60798 a

1effect, be entered and docketed. The Circuit Court shall have
2power at any time upon application to make any such judgment
3conform to any modification required by any subsequent decision
4of the Supreme Court upon appeal, or as the result of any
5subsequent proceedings for review, as provided in this Act.
6    Judgment shall not be entered until 15 days' notice of the
7time and place of the application for the entry of judgment
8shall be served upon the employer by filing such notice with
9the Commission, which Commission shall, in case it has on file
10the address of the employer or the name and address of its
11agent upon whom notices may be served, immediately send a copy
12of the notice to the employer or such designated agent.
13    (h) An agreement or award under this Act providing for
14compensation in installments, may at any time within 18 months
15after such agreement or award be reviewed by the Commission at
16the request of either the employer or the employee, on the
17ground that the disability of the employee has subsequently
18recurred, increased, diminished or ended.
19    However, as to accidents occurring subsequent to July 1,
201955, which are covered by any agreement or award under this
21Act providing for compensation in installments made as a result
22of such accident, such agreement or award may at any time
23within 30 months, or 60 months in the case of an award under
24Section 8(d)1, after such agreement or award be reviewed by the
25Commission at the request of either the employer or the
26employee on the ground that the disability of the employee has

 

 

10100HB2301sam001- 51 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 52 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 53 -LRB101 08580 TAE 60798 a

1employer has made payments under Section 8(j).
2    (l) If the employee has made written demand for payment of
3benefits under Section 8(a) or Section 8(b), the employer shall
4have 14 days after receipt of the demand to set forth in
5writing the reason for the delay. In the case of demand for
6payment of medical benefits under Section 8(a), the time for
7the employer to respond shall not commence until the expiration
8of the allotted 30 days specified under Section 8.2(d). In case
9the employer or his or her insurance carrier shall without good
10and just cause fail, neglect, refuse, or unreasonably delay the
11payment of benefits under Section 8(a) or Section 8(b), the
12Arbitrator or the Commission shall allow to the employee
13additional compensation in the sum of $30 per day for each day
14that the benefits under Section 8(a) or Section 8(b) have been
15so withheld or refused, not to exceed $10,000. A delay in
16payment of 14 days or more shall create a rebuttable
17presumption of unreasonable delay.
18    (m) If the commission finds that an accidental injury was
19directly and proximately caused by the employer's wilful
20violation of a health and safety standard under the Health and
21Safety Act or the Occupational Safety and Health Act in force
22at the time of the accident, the arbitrator or the Commission
23shall allow to the injured employee or his dependents, as the
24case may be, additional compensation equal to 25% of the amount
25which otherwise would be payable under the provisions of this
26Act exclusive of this paragraph. The additional compensation

 

 

10100HB2301sam001- 54 -LRB101 08580 TAE 60798 a

1herein provided shall be allowed by an appropriate increase in
2the applicable weekly compensation rate.
3    (n) After June 30, 1984, decisions of the Illinois Workers'
4Compensation Commission reviewing an award of an arbitrator of
5the Commission shall draw interest at a rate equal to the yield
6on indebtedness issued by the United States Government with a
726-week maturity next previously auctioned on the day on which
8the decision is filed. Said rate of interest shall be set forth
9in the Arbitrator's Decision. Interest shall be drawn from the
10date of the arbitrator's award on all accrued compensation due
11the employee through the day prior to the date of payments.
12However, when an employee appeals an award of an Arbitrator or
13the Commission, and the appeal results in no change or a
14decrease in the award, interest shall not further accrue from
15the date of such appeal.
16    The employer or his insurance carrier may tender the
17payments due under the award to stop the further accrual of
18interest on such award notwithstanding the prosecution by
19either party of review, certiorari, appeal to the Supreme Court
20or other steps to reverse, vacate or modify the award.
21    (o) By the 15th day of each month each insurer providing
22coverage for losses under this Act shall notify each insured
23employer of any compensable claim incurred during the preceding
24month and the amounts paid or reserved on the claim including a
25summary of the claim and a brief statement of the reasons for
26compensability. A cumulative report of all claims incurred

 

 

10100HB2301sam001- 55 -LRB101 08580 TAE 60798 a

1during a calendar year or continued from the previous year
2shall be furnished to the insured employer by the insurer
3within 30 days after the end of that calendar year.
4    The insured employer may challenge, in proceeding before
5the Commission, payments made by the insurer without
6arbitration and payments made after a case is determined to be
7noncompensable. If the Commission finds that the case was not
8compensable, the insurer shall purge its records as to that
9employer of any loss or expense associated with the claim,
10reimburse the employer for attorneys' fees arising from the
11challenge and for any payment required of the employer to the
12Rate Adjustment Fund or the Second Injury Fund, and may not
13reflect the loss or expense for rate making purposes. The
14employee shall not be required to refund the challenged
15payment. The decision of the Commission may be reviewed in the
16same manner as in arbitrated cases. No challenge may be
17initiated under this paragraph more than 3 years after the
18payment is made. An employer may waive the right of challenge
19under this paragraph on a case by case basis.
20    (p) After filing an application for adjustment of claim but
21prior to the hearing on arbitration the parties may voluntarily
22agree to submit such application for adjustment of claim for
23decision by an arbitrator under this subsection (p) where such
24application for adjustment of claim raises only a dispute over
25temporary total disability, permanent partial disability or
26medical expenses. Such agreement shall be in writing in such

 

 

10100HB2301sam001- 56 -LRB101 08580 TAE 60798 a

1form as provided by the Commission. Applications for adjustment
2of claim submitted for decision by an arbitrator under this
3subsection (p) shall proceed according to rule as established
4by the Commission. The Commission shall promulgate rules
5including, but not limited to, rules to ensure that the parties
6are adequately informed of their rights under this subsection
7(p) and of the voluntary nature of proceedings under this
8subsection (p). The findings of fact made by an arbitrator
9acting within his or her powers under this subsection (p) in
10the absence of fraud shall be conclusive. However, the
11arbitrator may on his own motion, or the motion of either
12party, correct any clerical errors or errors in computation
13within 15 days after the date of receipt of such award of the
14arbitrator and shall have the power to recall the original
15award on arbitration, and issue in lieu thereof such corrected
16award. The decision of the arbitrator under this subsection (p)
17shall be considered the decision of the Commission and
18proceedings for review of questions of law arising from the
19decision may be commenced by either party pursuant to
20subsection (f) of Section 19. The Advisory Board established
21under Section 13.1 shall compile a list of certified Commission
22arbitrators, each of whom shall be approved by at least 7
23members of the Advisory Board. The chairman shall select 5
24persons from such list to serve as arbitrators under this
25subsection (p). By agreement, the parties shall select one
26arbitrator from among the 5 persons selected by the chairman

 

 

10100HB2301sam001- 57 -LRB101 08580 TAE 60798 a

1except that if the parties do not agree on an arbitrator from
2among the 5 persons, the parties may, by agreement, select an
3arbitrator of the American Arbitration Association, whose fee
4shall be paid by the State in accordance with rules promulgated
5by the Commission. Arbitration under this subsection (p) shall
6be voluntary.
7(Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874,
8eff. 1-1-15.)
 
9    Section 15. The Workers' Occupational Diseases Act is
10amended by changing Section 19 as follows:
 
11    (820 ILCS 310/19)  (from Ch. 48, par. 172.54)
12    Sec. 19. Any disputed questions of law or fact shall be
13determined as herein provided.
14    (a) It shall be the duty of the Commission upon
15notification that the parties have failed to reach an agreement
16to designate an Arbitrator.
17        (1) The application for adjustment of claim filed with
18    the Commission shall state:
19            A. The approximate date of the last day of the last
20        exposure and the approximate date of the disablement.
21            B. The general nature and character of the illness
22        or disease claimed.
23            C. The name and address of the employer by whom
24        employed on the last day of the last exposure and if

 

 

10100HB2301sam001- 58 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 59 -LRB101 08580 TAE 60798 a

1    basis for such application should properly have been made
2    under this Act, then the application so filed under the
3    Workers' Compensation Act may be amended in form, substance
4    or both to assert claim for such disability or death under
5    this Act and it shall be deemed to have been so filed as
6    amended on the date of the original filing thereof, and
7    such compensation may be awarded as is warranted by the
8    whole evidence pursuant to the provisions of 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; provided, that nothing in this Section
12    contained shall be construed to be or permit a waiver of
13    any provisions of this Act with reference to notice, but
14    notice if given shall be deemed to be a notice under the
15    provisions of this Act if given within the time required
16    herein.
17    (b) The Arbitrator shall make such inquiries and
18investigations as he shall deem necessary and may examine and
19inspect all books, papers, records, places, or premises
20relating to the questions in dispute and hear such proper
21evidence as the parties may submit.
22    The hearings before the Arbitrator shall be held in the
23vicinity where the last exposure occurred, after 10 days'
24notice of the time and place of such hearing shall have been
25given to each of the parties or their attorneys of record.
26    The Arbitrator may find that the disabling condition is

 

 

10100HB2301sam001- 60 -LRB101 08580 TAE 60798 a

1temporary and has not yet reached a permanent condition and may
2order the payment of compensation up to the date of the
3hearing, which award shall be reviewable and enforceable in the
4same manner as other awards, and in no instance be a bar to a
5further hearing and determination of a further amount of
6temporary total compensation or of compensation for permanent
7disability, but shall be conclusive as to all other questions
8except the nature and extent of such disability.
9    The decision of the Arbitrator shall be filed with the
10Commission which Commission shall immediately send to each
11party or his attorney a copy of such decision, together with a
12notification of the time when it was filed. As of the effective
13date of this amendatory Act of the 94th General Assembly, all
14decisions of the Arbitrator shall set forth in writing findings
15of fact and conclusions of law, separately stated, if requested
16by either party. Unless a petition for review is filed by
17either party within 30 days after the receipt by such party of
18the copy of the decision and notification of time when filed,
19and unless such party petitioning for a review shall within 35
20days after the receipt by him of the copy of the decision, file
21with the Commission either an agreed statement of the facts
22appearing upon the hearing before the Arbitrator, or if such
23party shall so elect a correct transcript of evidence of the
24proceedings at such hearings, then the decision shall become
25the decision of the Commission and in the absence of fraud
26shall be conclusive. The Petition for Review shall contain a

 

 

10100HB2301sam001- 61 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 62 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 63 -LRB101 08580 TAE 60798 a

1of Claim shall be attached to the notice. The Commission shall
2adopt rules and procedures under which the final decision of
3the Commission under this paragraph is filed not later than 180
4days from the date that the Petition for Review is filed with
5the Commission.
6    Where 2 or more insurance carriers, private self-insureds,
7or a group workers' compensation pool under Article V 3/4 of
8the Illinois Insurance Code dispute coverage for the same
9disease, any such insurance carrier, private self-insured, or
10group workers' compensation pool may request an expedited
11hearing pursuant to this paragraph to determine the issue of
12coverage, provided coverage is the only issue in dispute and
13all other issues are stipulated and agreed to and further
14provided that all compensation benefits including medical
15benefits pursuant to Section 8(a) of the Workers' Compensation
16Act continue to be paid to or on behalf of petitioner. Any
17insurance carrier, private self-insured, or group workers'
18compensation pool that is determined to be liable for coverage
19for the disease in issue shall reimburse any insurance carrier,
20private self-insured, or group workers' compensation pool that
21has paid benefits to or on behalf of petitioner for the
22disease.
23    (b-1) If the employee is not receiving, pursuant to Section
247, medical, surgical or hospital services of the type provided
25for in paragraph (a) of Section 8 of the Workers' Compensation
26Act or compensation of the type provided for in paragraph (b)

 

 

10100HB2301sam001- 64 -LRB101 08580 TAE 60798 a

1of Section 8 of the Workers' Compensation Act, the employee, in
2accordance with Commission Rules, may file a petition for an
3emergency hearing by an Arbitrator on the issue of whether or
4not he is entitled to receive payment of such compensation or
5services as provided therein. Such petition shall have priority
6over all other petitions and shall be heard by the Arbitrator
7and Commission with all convenient speed.
8    Such petition shall contain the following information and
9shall be served on the employer at least 15 days before it is
10filed:
11        (i) the date and approximate time of the last exposure;
12        (ii) the approximate location of the last exposure;
13        (iii) a description of the last exposure;
14        (iv) the nature of the disability incurred by the
15    employee;
16        (v) the identity of the person, if known, to whom the
17    disability was reported and the date on which it was
18    reported;
19        (vi) the name and title of the person, if known,
20    representing the employer with whom the employee conferred
21    in any effort to obtain pursuant to Section 7 compensation
22    of the type provided for in paragraph (b) of Section 8 of
23    the Workers' Compensation Act or medical, surgical or
24    hospital services of the type provided for in paragraph (a)
25    of Section 8 of the Workers' Compensation Act and the date
26    of such conference;

 

 

10100HB2301sam001- 65 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 66 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 67 -LRB101 08580 TAE 60798 a

1If such an objection is filed, the time for filing the final
2decision of the Commission as provided in this paragraph shall
3be tolled until the arbitrator has determined that the petition
4is sufficient.
5    The employer shall, within 15 days after receipt of the
6notice that such petition is filed, file with the Commission
7and serve on the employee or his representative a written
8response to each claim set forth in the petition, including the
9legal and factual basis for each disputed allegation and the
10following information: (i) complete copies of any reports,
11records, documents and affidavits in the possession of the
12employer on which the employer intends to rely in support of
13his response, (ii) a list of any reports, records, documents
14and affidavits which the employer has demanded by subpoena and
15on which the employer intends to rely in support of his
16response, (iii) the name and address of each witness on whom
17the employer will rely to support his response, and (iv) the
18names and addresses of any medical practitioners selected by
19the employer pursuant to Section 12 of this Act and the time
20and place of any examination scheduled to be made pursuant to
21such Section.
22    Any employer who does not timely file and serve a written
23response without good cause may not introduce any evidence to
24dispute any claim of the employee but may cross examine the
25employee or any witness brought by the employee and otherwise
26be heard.

 

 

10100HB2301sam001- 68 -LRB101 08580 TAE 60798 a

1    No document or other evidence not previously identified by
2either party with the petition or written response, or by any
3other means before the hearing, may be introduced into evidence
4without good cause. If, at the hearing, material information is
5discovered which was not previously disclosed, the Arbitrator
6may extend the time for closing proof on the motion of a party
7for a reasonable period of time which may be more than 30 days.
8No evidence may be introduced pursuant to this paragraph as to
9permanent disability. No award may be entered for permanent
10disability pursuant to this paragraph. Either party may
11introduce into evidence the testimony taken by deposition of
12any medical practitioner.
13    The Commission shall adopt rules, regulations and
14procedures whereby the final decision of the Commission is
15filed not later than 90 days from the date the petition for
16review is filed but in no event later than 180 days from the
17date the petition for an emergency hearing is filed with the
18Illinois Workers' Compensation Commission.
19    All service required pursuant to this paragraph (b-1) must
20be by personal service or by certified mail and with evidence
21of receipt. In addition, for the purposes of this paragraph,
22all service on the employer must be at the premises where the
23accident occurred if the premises are owned or operated by the
24employer. Otherwise service must be at the employee's principal
25place of employment by the employer. If service on the employer
26is not possible at either of the above, then service shall be

 

 

10100HB2301sam001- 69 -LRB101 08580 TAE 60798 a

1at the employer's principal place of business. After initial
2service in each case, service shall be made on the employer's
3attorney or designated representative.
4    (c)(1) At a reasonable time in advance of and in connection
5with the hearing under Section 19(e) or 19(h), the Commission
6may on its own motion order an impartial physical or mental
7examination of a petitioner whose mental or physical condition
8is in issue, when in the Commission's discretion it appears
9that such an examination will materially aid in the just
10determination of the case. The examination shall be made by a
11member or members of a panel of physicians chosen for their
12special qualifications by the Illinois State Medical Society.
13The Commission shall establish procedures by which a physician
14shall be selected from such list.
15    (2) Should the Commission at any time during the hearing
16find that compelling considerations make it advisable to have
17an examination and report at that time, the Commission may in
18its discretion so order.
19    (3) A copy of the report of examination shall be given to
20the Commission and to the attorneys for the parties.
21    (4) Either party or the Commission may call the examining
22physician or physicians to testify. Any physician so called
23shall be subject to cross-examination.
24    (5) The examination shall be made, and the physician or
25physicians, if called, shall testify, without cost to the
26parties. The Commission shall determine the compensation and

 

 

10100HB2301sam001- 70 -LRB101 08580 TAE 60798 a

1the pay of the physician or physicians. The compensation for
2this service shall not exceed the usual and customary amount
3for such service.
4    The fees and payment thereof of all attorneys and
5physicians for services authorized by the Commission under this
6Act shall, upon request of either the employer or the employee
7or the beneficiary affected, be subject to the review and
8decision of the Commission.
9    (d) If any employee shall persist in insanitary or
10injurious practices which tend to either imperil or retard his
11recovery or shall refuse to submit to such medical, surgical,
12or hospital treatment as is reasonably essential to promote his
13recovery, the Commission may, in its discretion, reduce or
14suspend the compensation of any such employee; provided, that
15when an employer and employee so agree in writing, the
16foregoing provision shall not be construed to authorize the
17reduction or suspension of compensation of an employee who is
18relying in good faith, on treatment by prayer or spiritual
19means alone, in accordance with the tenets and practice of a
20recognized church or religious denomination, by a duly
21accredited practitioner thereof.
22    (e) This paragraph shall apply to all hearings before the
23Commission. Such hearings may be held in its office or
24elsewhere as the Commission may deem advisable. The taking of
25testimony on such hearings may be had before any member of the
26Commission. If a petition for review and agreed statement of

 

 

10100HB2301sam001- 71 -LRB101 08580 TAE 60798 a

1facts or transcript of evidence is filed, as provided herein,
2the Commission shall promptly review the decision of the
3Arbitrator and all questions of law or fact which appear from
4the statement of facts or transcripts of evidence. In all cases
5in which the hearing before the arbitrator is held after the
6effective date of this amendatory Act of 1989, no additional
7evidence shall be introduced by the parties before the
8Commission on review of the decision of the Arbitrator. The
9Commission shall file in its office its decision thereon, and
10shall immediately send to each party or his attorney a copy of
11such decision and a notification of the time when it was filed.
12Decisions shall be filed within 60 days after the Statement of
13Exceptions and Supporting Brief and Response thereto are
14required to be filed or oral argument whichever is later.
15    In the event either party requests oral argument, such
16argument shall be had before a panel of 3 members of the
17Commission (or before all available members pursuant to the
18determination of 7 members of the Commission that such argument
19be held before all available members of the Commission)
20pursuant to the rules and regulations of the Commission. A
21panel of 3 members, which shall be comprised of not more than
22one representative citizen of the employing class and not more
23than one representative from a labor organization recognized
24under the National Labor Relations Act or an attorney who has
25represented labor organizations or has represented employees
26in workers' compensation cases citizen of the employee class,

 

 

10100HB2301sam001- 72 -LRB101 08580 TAE 60798 a

1shall hear the argument; provided that if all the issues in
2dispute are solely the nature and extent of the permanent
3partial disability, if any, a majority of the panel may deny
4the request for such argument and such argument shall not be
5held; and provided further that 7 members of the Commission may
6determine that the argument be held before all available
7members of the Commission. A decision of the Commission shall
8be approved by a majority of Commissioners present at such
9hearing if any; provided, if no such hearing is held, a
10decision of the Commission shall be approved by a majority of a
11panel of 3 members of the Commission as described in this
12Section. The Commission shall give 10 days' notice to the
13parties or their attorneys of the time and place of such taking
14of testimony and of such argument.
15    In any case the Commission in its decision may in its
16discretion find specially upon any question or questions of law
17or facts which shall be submitted in writing by either party
18whether ultimate or otherwise; provided that on issues other
19than nature and extent of the disablement, if any, the
20Commission in its decision shall find specially upon any
21question or questions of law or fact, whether ultimate or
22otherwise, which are submitted in writing by either party;
23provided further that not more than 5 such questions may be
24submitted by either party. Any party may, within 20 days after
25receipt of notice of the Commission's decision, or within such
26further time, not exceeding 30 days, as the Commission may

 

 

10100HB2301sam001- 73 -LRB101 08580 TAE 60798 a

1grant, file with the Commission either an agreed statement of
2the facts appearing upon the hearing, or, if such party shall
3so elect, a correct transcript of evidence of the additional
4proceedings presented before the Commission in which report the
5party may embody a correct statement of such other proceedings
6in the case as such party may desire to have reviewed, such
7statement of facts or transcript of evidence to be
8authenticated by the signature of the parties or their
9attorneys, and in the event that they do not agree, then the
10authentication of such transcript of evidence shall be by the
11signature of any member of the Commission.
12    If a reporter does not for any reason furnish a transcript
13of the proceedings before the Arbitrator in any case for use on
14a hearing for review before the Commission, within the
15limitations of time as fixed in this Section, the Commission
16may, in its discretion, order a trial de novo before the
17Commission in such case upon application of either party. The
18applications for adjustment of claim and other documents in the
19nature of pleadings filed by either party, together with the
20decisions of the Arbitrator and of the Commission and the
21statement of facts or transcript of evidence hereinbefore
22provided for in paragraphs (b) and (c) shall be the record of
23the proceedings of the Commission, and shall be subject to
24review as hereinafter provided.
25    At the request of either party or on its own motion, the
26Commission shall set forth in writing the reasons for the

 

 

10100HB2301sam001- 74 -LRB101 08580 TAE 60798 a

1decision, including findings of fact and conclusions of law,
2separately stated. The Commission shall by rule adopt a format
3for written decisions for the Commission and arbitrators. The
4written decisions shall be concise and shall succinctly state
5the facts and reasons for the decision. The Commission may
6adopt in whole or in part, the decision of the arbitrator as
7the decision of the Commission. When the Commission does so
8adopt the decision of the arbitrator, it shall do so by order.
9Whenever the Commission adopts part of the arbitrator's
10decision, but not all, it shall include in the order the
11reasons for not adopting all of the arbitrator's decision. When
12a majority of a panel, after deliberation, has arrived at its
13decision, the decision shall be filed as provided in this
14Section without unnecessary delay, and without regard to the
15fact that a member of the panel has expressed an intention to
16dissent. Any member of the panel may file a dissent. Any
17dissent shall be filed no later than 10 days after the decision
18of the majority has been filed.
19    Decisions rendered by the Commission after the effective
20date of this amendatory Act of 1980 and dissents, if any, shall
21be published together by the Commission. The conclusions of law
22set out in such decisions shall be regarded as precedents by
23arbitrators, for the purpose of achieving a more uniform
24administration of this Act.
25    (f) The decision of the Commission acting within its
26powers, according to the provisions of paragraph (e) of this

 

 

10100HB2301sam001- 75 -LRB101 08580 TAE 60798 a

1Section shall, in the absence of fraud, be conclusive unless
2reviewed as in this paragraph hereinafter provided. However,
3the Arbitrator or the Commission may on his or its own motion,
4or on the motion of either party, correct any clerical error or
5errors in computation within 15 days after the date of receipt
6of any award by such Arbitrator or any decision on review of
7the Commission, and shall have the power to recall the original
8award on arbitration or decision on review, and issue in lieu
9thereof such corrected award or decision. Where such correction
10is made the time for review herein specified shall begin to run
11from the date of the receipt of the corrected award or
12decision.
13        (1) Except in cases of claims against the State of
14    Illinois, in which case the decision of the Commission
15    shall not be subject to judicial review, the Circuit Court
16    of the county where any of the parties defendant may be
17    found, or if none of the parties defendant be found in this
18    State then the Circuit Court of the county where any of the
19    exposure occurred, shall by summons to the Commission have
20    power to review all questions of law and fact presented by
21    such record.
22        A proceeding for review shall be commenced within 20
23    days of the receipt of notice of the decision of the
24    Commission. The summons shall be issued by the clerk of
25    such court upon written request returnable on a designated
26    return day, not less than 10 or more than 60 days from the

 

 

10100HB2301sam001- 76 -LRB101 08580 TAE 60798 a

1    date of issuance thereof, and the written request shall
2    contain the last known address of other parties in interest
3    and their attorneys of record who are to be served by
4    summons. Service upon any member of the Commission or the
5    Secretary or the Assistant Secretary thereof shall be
6    service upon the Commission, and service upon other parties
7    in interest and their attorneys of record shall be by
8    summons, and such service shall be made upon the Commission
9    and other parties in interest by mailing notices of the
10    commencement of the proceedings and the return day of the
11    summons to the office of the Commission and to the last
12    known place of residence of other parties in interest or
13    their attorney or attorneys of record. The clerk of the
14    court issuing the summons shall on the day of issue mail
15    notice of the commencement of the proceedings which shall
16    be done by mailing a copy of the summons to the office of
17    the Commission, and a copy of the summons to the other
18    parties in interest or their attorney or attorneys of
19    record and the clerk of the court shall make certificate
20    that he has so sent such notices in pursuance of this
21    Section, which shall be evidence of service on the
22    Commission and other parties in interest.
23        The Commission shall not be required to certify the
24    record of their proceedings in the Circuit Court unless the
25    party commencing the proceedings for review in the Circuit
26    Court as above provided, shall file with the Commission

 

 

10100HB2301sam001- 77 -LRB101 08580 TAE 60798 a

1    notice of intent to file for review in Circuit Court. It
2    shall be the duty of the Commission upon such filing of
3    notice of intent to file for review in Circuit Court to
4    prepare a true and correct copy of such testimony and a
5    true and correct copy of all other matters contained in
6    such record and certified to by the Secretary or Assistant
7    Secretary thereof. The changes made to this subdivision
8    (f)(1) by this amendatory Act of the 98th General Assembly
9    apply to any Commission decision entered after the
10    effective date of this amendatory Act of the 98th General
11    Assembly.
12        No request for a summons may be filed and no summons
13    shall issue unless the party seeking to review the decision
14    of the Commission shall exhibit to the clerk of the Circuit
15    Court proof of filing with the Commission of the notice of
16    the intent to file for review in the Circuit Court or an
17    affidavit of the attorney setting forth that notice of
18    intent to file for review in Circuit Court has been given
19    in writing to the Secretary or Assistant Secretary of the
20    Commission.
21        (2) No such summons shall issue unless the one against
22    whom the Commission shall have rendered an award for the
23    payment of money shall upon the filing of his written
24    request for such summons file with the clerk of the court a
25    bond conditioned that if he shall not successfully
26    prosecute the review, he will pay the award and the costs

 

 

10100HB2301sam001- 78 -LRB101 08580 TAE 60798 a

1    of the proceedings in the court. The amount of the bond
2    shall be fixed by any member of the Commission and the
3    surety or sureties of the bond shall be approved by the
4    clerk of the court. The acceptance of the bond by the clerk
5    of the court shall constitute evidence of his approval of
6    the bond.
7        Every county, city, town, township, incorporated
8    village, school district, body politic or municipal
9    corporation having a population of 500,000 or more against
10    whom the Commission shall have rendered an award for the
11    payment of money shall not be required to file a bond to
12    secure the payment of the award and the costs of the
13    proceedings in the court to authorize the court to issue
14    such summons.
15        The court may confirm or set aside the decision of the
16    Commission. If the decision is set aside and the facts
17    found in the proceedings before the Commission are
18    sufficient, the court may enter such decision as is
19    justified by law, or may remand the cause to the Commission
20    for further proceedings and may state the questions
21    requiring further hearing, and give such other
22    instructions as may be proper. Appeals shall be taken to
23    the Appellate Court in accordance with Supreme Court Rules
24    22(g) and 303. Appeals shall be taken from the Appellate
25    Court to the Supreme Court in accordance with Supreme Court
26    Rule 315.

 

 

10100HB2301sam001- 79 -LRB101 08580 TAE 60798 a

1        It shall be the duty of the clerk of any court
2    rendering a decision affecting or affirming an award of the
3    Commission to promptly furnish the Commission with a copy
4    of such decision, without charge.
5        The decision of a majority of the members of the panel
6    of the Commission, shall be considered the decision of the
7    Commission.
8    (g) Except in the case of a claim against the State of
9Illinois, either party may present a certified copy of the
10award of the Arbitrator, or a certified copy of the decision of
11the Commission when the same has become final, when no
12proceedings for review are pending, providing for the payment
13of compensation according to this Act, to the Circuit Court of
14the county in which such exposure occurred or either of the
15parties are residents, whereupon the court shall enter a
16judgment in accordance therewith. In case where the employer
17refuses to pay compensation according to such final award or
18such final decision upon which such judgment is entered, the
19court shall in entering judgment thereon, tax as costs against
20him the reasonable costs and attorney fees in the arbitration
21proceedings and in the court entering the judgment for the
22person in whose favor the judgment is entered, which judgment
23and costs taxed as herein provided shall, until and unless set
24aside, have the same effect as though duly entered in an action
25duly tried and determined by the court, and shall with like
26effect, be entered and docketed. The Circuit Court shall have

 

 

10100HB2301sam001- 80 -LRB101 08580 TAE 60798 a

1power at any time upon application to make any such judgment
2conform to any modification required by any subsequent decision
3of the Supreme Court upon appeal, or as the result of any
4subsequent proceedings for review, as provided in this Act.
5    Judgment shall not be entered until 15 days' notice of the
6time and place of the application for the entry of judgment
7shall be served upon the employer by filing such notice with
8the Commission, which Commission shall, in case it has on file
9the address of the employer or the name and address of its
10agent upon whom notices may be served, immediately send a copy
11of the notice to the employer or such designated agent.
12    (h) An agreement or award under this Act providing for
13compensation in installments, may at any time within 18 months
14after such agreement or award be reviewed by the Commission at
15the request of either the employer or the employee on the
16ground that the disability of the employee has subsequently
17recurred, increased, diminished or ended.
18    However, as to disablements occurring subsequently to July
191, 1955, which are covered by any agreement or award under this
20Act providing for compensation in installments made as a result
21of such disablement, such agreement or award may at any time
22within 30 months after such agreement or award be reviewed by
23the Commission at the request of either the employer or the
24employee on the ground that the disability of the employee has
25subsequently recurred, increased, diminished or ended.
26    On such review compensation payments may be

 

 

10100HB2301sam001- 81 -LRB101 08580 TAE 60798 a

1re-established, increased, diminished or ended. The Commission
2shall give 15 days' notice to the parties of the hearing for
3review. Any employee, upon any petition for such review being
4filed by the employer, shall be entitled to one day's notice
5for each 100 miles necessary to be traveled by him in attending
6the hearing of the Commission upon the petition, and 3 days in
7addition thereto. Such employee shall, at the discretion of the
8Commission, also be entitled to 5 cents per mile necessarily
9traveled by him within the State of Illinois in attending such
10hearing, not to exceed a distance of 300 miles, to be taxed by
11the Commission as costs and deposited with the petition of the
12employer.
13    When compensation which is payable in accordance with an
14award or settlement contract approved by the Commission, is
15ordered paid in a lump sum by the Commission, no review shall
16be had as in this paragraph mentioned.
17    (i) Each party, upon taking any proceedings or steps
18whatsoever before any Arbitrator, Commission or court, shall
19file with the Commission his address, or the name and address
20of any agent upon whom all notices to be given to such party
21shall be served, either personally or by registered mail,
22addressed to such party or agent at the last address so filed
23with the Commission. In the event such party has not filed his
24address, or the name and address of an agent as above provided,
25service of any notice may be had by filing such notice with the
26Commission.

 

 

10100HB2301sam001- 82 -LRB101 08580 TAE 60798 a

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

 

 

10100HB2301sam001- 83 -LRB101 08580 TAE 60798 a

1    (k-1) If the employee has made written demand for payment
2of benefits under Section 8(a) or Section 8(b) of the Workers'
3Compensation Act, the employer shall have 14 days after receipt
4of the demand to set forth in writing the reason for the delay.
5In the case of demand for payment of medical benefits under
6Section 8(a) of the Workers' Compensation Act, the time for the
7employer to respond shall not commence until the expiration of
8the allotted 60 days specified under Section 8.2(d) of the
9Workers' Compensation Act. In case the employer or his or her
10insurance carrier shall without good and just cause fail,
11neglect, refuse, or unreasonably delay the payment of benefits
12under Section 8(a) or Section 8(b) of the Workers' Compensation
13Act, the Arbitrator or the Commission shall allow to the
14employee additional compensation in the sum of $30 per day for
15each day that the benefits under Section 8(a) or Section 8(b)
16of the Workers' Compensation Act have been so withheld or
17refused, not to exceed $10,000. A delay in payment of 14 days
18or more shall create a rebuttable presumption of unreasonable
19delay.
20    (l) By the 15th day of each month each insurer providing
21coverage for losses under this Act shall notify each insured
22employer of any compensable claim incurred during the preceding
23month and the amounts paid or reserved on the claim including a
24summary of the claim and a brief statement of the reasons for
25compensability. A cumulative report of all claims incurred
26during a calendar year or continued from the previous year

 

 

10100HB2301sam001- 84 -LRB101 08580 TAE 60798 a

1shall be furnished to the insured employer by the insurer
2within 30 days after the end of that calendar year.
3    The insured employer may challenge, in proceeding before
4the Commission, payments made by the insurer without
5arbitration and payments made after a case is determined to be
6noncompensable. If the Commission finds that the case was not
7compensable, the insurer shall purge its records as to that
8employer of any loss or expense associated with the claim,
9reimburse the employer for attorneys fee arising from the
10challenge and for any payment required of the employer to the
11Rate Adjustment Fund or the Second Injury Fund, and may not
12effect the loss or expense for rate making purposes. The
13employee shall not be required to refund the challenged
14payment. The decision of the Commission may be reviewed in the
15same manner as in arbitrated cases. No challenge may be
16initiated under this paragraph more than 3 years after the
17payment is made. An employer may waive the right of challenge
18under this paragraph on a case by case basis.
19    (m) After filing an application for adjustment of claim but
20prior to the hearing on arbitration the parties may voluntarily
21agree to submit such application for adjustment of claim for
22decision by an arbitrator under this subsection (m) where such
23application for adjustment of claim raises only a dispute over
24temporary total disability, permanent partial disability or
25medical expenses. Such agreement shall be in writing in such
26form as provided by the Commission. Applications for adjustment

 

 

10100HB2301sam001- 85 -LRB101 08580 TAE 60798 a

1of claim submitted for decision by an arbitrator under this
2subsection (m) shall proceed according to rule as established
3by the Commission. The Commission shall promulgate rules
4including, but not limited to, rules to ensure that the parties
5are adequately informed of their rights under this subsection
6(m) and of the voluntary nature of proceedings under this
7subsection (m). The findings of fact made by an arbitrator
8acting within his or her powers under this subsection (m) in
9the absence of fraud shall be conclusive. However, the
10arbitrator may on his own motion, or the motion of either
11party, correct any clerical errors or errors in computation
12within 15 days after the date of receipt of such award of the
13arbitrator and shall have the power to recall the original
14award on arbitration, and issue in lieu thereof such corrected
15award. The decision of the arbitrator under this subsection (m)
16shall be considered the decision of the Commission and
17proceedings for review of questions of law arising from the
18decision may be commenced by either party pursuant to
19subsection (f) of Section 19. The Advisory Board established
20under Section 13.1 of the Workers' Compensation Act shall
21compile a list of certified Commission arbitrators, each of
22whom shall be approved by at least 7 members of the Advisory
23Board. The chairman shall select 5 persons from such list to
24serve as arbitrators under this subsection (m). By agreement,
25the parties shall select one arbitrator from among the 5
26persons selected by the chairman except, that if the parties do

 

 

10100HB2301sam001- 86 -LRB101 08580 TAE 60798 a

1not agree on an arbitrator from among the 5 persons, the
2parties may, by agreement, select an arbitrator of the American
3Arbitration Association, whose fee shall be paid by the State
4in accordance with rules promulgated by the Commission.
5Arbitration under this subsection (m) shall be voluntary.
6(Source: P.A. 98-40, eff. 6-28-13.)".