Rep. Dan Brady
Filed: 1/9/2011
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1 | AMENDMENT TO SENATE BILL 1066
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2 | AMENDMENT NO. ______. Amend Senate Bill 1066, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 2, on page 5, line 22, by changing "Sections 4," to "Sections | ||||||
5 | 1, 4, 6,"; and
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6 | on page 5, by inserting after line 23 the following:
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7 | "(820 ILCS 305/1) (from Ch. 48, par. 138.1)
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8 | Sec. 1. This Act may be cited as the Workers' Compensation | ||||||
9 | Act.
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10 | (a) The term "employer" as used in this Act means:
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11 | 1. The State and each county, city, town, township, | ||||||
12 | incorporated
village, school district, body politic, or | ||||||
13 | municipal corporation
therein.
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14 | 2. Every person, firm, public or private corporation, | ||||||
15 | including
hospitals, public service, eleemosynary, religious | ||||||
16 | or charitable
corporations or associations who has any person |
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1 | in service or under any
contract for hire, express or implied, | ||||||
2 | oral or written, and who is
engaged in any of the enterprises | ||||||
3 | or businesses enumerated in Section 3
of this Act, or who at or | ||||||
4 | prior to the time of the accident to the
employee for which | ||||||
5 | compensation under this Act may be claimed, has in
the manner | ||||||
6 | provided in this Act elected to become subject to the
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7 | provisions of this Act, and who has not, prior to such | ||||||
8 | accident,
effected a withdrawal of such election in the manner | ||||||
9 | provided in this Act.
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10 | 3. Any one engaging in any business or enterprise referred | ||||||
11 | to in
subsections 1 and 2 of Section 3 of this Act who | ||||||
12 | undertakes to do any
work enumerated therein, is liable to pay | ||||||
13 | compensation to his own
immediate employees in accordance with | ||||||
14 | the provisions of this Act, and
in addition thereto if he | ||||||
15 | directly or indirectly engages any contractor
whether | ||||||
16 | principal or sub-contractor to do any such work, he is liable | ||||||
17 | to
pay compensation to the employees of any such contractor or
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18 | sub-contractor unless such contractor or sub-contractor has | ||||||
19 | insured, in
any company or association authorized under the | ||||||
20 | laws of this State to
insure the liability to pay compensation | ||||||
21 | under this Act, or guaranteed
his liability to pay such | ||||||
22 | compensation. With respect to any time
limitation on the filing | ||||||
23 | of claims provided by this Act, the timely
filing of a claim | ||||||
24 | against a contractor or subcontractor, as the case may
be, | ||||||
25 | shall be deemed to be a timely filing with respect to all | ||||||
26 | persons
upon whom liability is imposed by this paragraph.
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1 | In the event any such person pays compensation under this | ||||||
2 | subsection
he may recover the amount thereof from the | ||||||
3 | contractor or sub-contractor,
if any, and in the event the | ||||||
4 | contractor pays compensation under this
subsection he may | ||||||
5 | recover the amount thereof from the sub-contractor, if any.
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6 | This subsection does not apply in any case where the | ||||||
7 | accident occurs
elsewhere than on, in or about the immediate | ||||||
8 | premises on which the
principal has contracted that the work be | ||||||
9 | done.
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10 | 4. Where an employer operating under and subject to the | ||||||
11 | provisions
of this Act loans an employee to another such | ||||||
12 | employer and such loaned
employee sustains a compensable | ||||||
13 | accidental injury in the employment of
such borrowing employer | ||||||
14 | and where such borrowing employer does not
provide or pay the | ||||||
15 | benefits or payments due such injured employee, such
loaning | ||||||
16 | employer is liable to provide or pay all benefits or payments
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17 | due such employee under this Act and as to such employee the | ||||||
18 | liability
of such loaning and borrowing employers is joint and | ||||||
19 | several, provided
that such loaning employer is in the absence | ||||||
20 | of agreement to the
contrary entitled to receive from such | ||||||
21 | borrowing employer full
reimbursement for all sums paid or | ||||||
22 | incurred pursuant to this paragraph
together with reasonable | ||||||
23 | attorneys' fees and expenses in any hearings
before the | ||||||
24 | Illinois Workers' Compensation Commission or in any action to | ||||||
25 | secure such
reimbursement. Where any benefit is provided or | ||||||
26 | paid by such loaning
employer the employee has the duty of |
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1 | rendering reasonable cooperation
in any hearings, trials or | ||||||
2 | proceedings in the case, including such
proceedings for | ||||||
3 | reimbursement.
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4 | Where an employee files an Application for Adjustment of | ||||||
5 | Claim with
the Illinois Workers' Compensation
Commission | ||||||
6 | alleging that his claim is covered by the
provisions of the | ||||||
7 | preceding paragraph, and joining both the alleged
loaning and | ||||||
8 | borrowing employers, they and each of them, upon written
demand | ||||||
9 | by the employee and within 7 days after receipt of such demand,
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10 | shall have the duty of filing with the Illinois Workers' | ||||||
11 | Compensation Commission a written
admission or denial of the | ||||||
12 | allegation that the claim is covered by the
provisions of the | ||||||
13 | preceding paragraph and in default of such filing or
if any | ||||||
14 | such denial be ultimately determined not to have been bona fide
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15 | then the provisions of Paragraph K of Section 19 of this Act | ||||||
16 | shall apply.
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17 | An employer whose business or enterprise or a substantial | ||||||
18 | part
thereof consists of hiring, procuring or furnishing | ||||||
19 | employees to or for
other employers operating under and subject | ||||||
20 | to the provisions of this
Act for the performance of the work | ||||||
21 | of such other employers and who pays
such employees their | ||||||
22 | salary or wages notwithstanding that they are doing
the work of | ||||||
23 | such other employers shall be deemed a loaning employer
within | ||||||
24 | the meaning and provisions of this Section.
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25 | (b) The term "employee" as used in this Act means:
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26 | 1. Every person in the service of the State, including |
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1 | members of
the General Assembly, members of the Commerce | ||||||
2 | Commission, members of the
Illinois Workers' Compensation | ||||||
3 | Commission, and all persons in the service of the University
of | ||||||
4 | Illinois, county, including deputy sheriffs and assistant | ||||||
5 | state's
attorneys, city, town, township, incorporated village | ||||||
6 | or school
district, body politic, or municipal corporation | ||||||
7 | therein, whether by
election, under appointment or contract of | ||||||
8 | hire, express or implied,
oral or written, including all | ||||||
9 | members of the Illinois National Guard
while on active duty in | ||||||
10 | the service of the State, and all probation
personnel of the | ||||||
11 | Juvenile Court appointed pursuant to Article VI
of the Juvenile | ||||||
12 | Court Act of 1987, and including any official of the
State, any | ||||||
13 | county, city, town, township, incorporated village, school
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14 | district, body politic or municipal corporation therein except | ||||||
15 | any duly
appointed member of a police department in any city | ||||||
16 | whose
population exceeds 200,000 according to the last Federal | ||||||
17 | or State
census, and except any member of a fire insurance | ||||||
18 | patrol maintained by a
board of underwriters in this State. A | ||||||
19 | duly appointed member of a fire
department in any city, the | ||||||
20 | population of which exceeds 200,000 according
to the last | ||||||
21 | federal or State census, is an employee under this Act only
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22 | with respect to claims brought under paragraph (c) of Section | ||||||
23 | 8.
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24 | One employed by a contractor who has contracted with the | ||||||
25 | State, or a
county, city, town, township, incorporated village, | ||||||
26 | school district,
body politic or municipal corporation |
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1 | therein, through its
representatives, is not considered as an | ||||||
2 | employee of the State, county,
city, town, township, | ||||||
3 | incorporated village, school district, body
politic or | ||||||
4 | municipal corporation which made the contract.
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5 | 2. Every person in the service of another under any | ||||||
6 | contract of
hire, express or implied, oral or written, | ||||||
7 | including persons whose
employment is outside of the State of | ||||||
8 | Illinois where the contract of
hire is made within the State of | ||||||
9 | Illinois, persons whose employment
results in fatal or | ||||||
10 | non-fatal injuries within the State of Illinois
where the | ||||||
11 | contract of hire is made outside of the State of Illinois, and
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12 | persons whose employment is principally localized within the | ||||||
13 | State of
Illinois, regardless of the place of the accident or | ||||||
14 | the place where the
contract of hire was made, and including | ||||||
15 | aliens, and minors who, for the
purpose of this Act are | ||||||
16 | considered the same and have the same power to
contract, | ||||||
17 | receive payments and give quittances therefor, as adult | ||||||
18 | employees.
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19 | 3. Every sole proprietor and every partner of a business | ||||||
20 | may elect to
be covered by this Act.
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21 | An employee or his dependents under this Act who shall have | ||||||
22 | a cause
of action by reason of any injury, disablement or death | ||||||
23 | arising out of
and in the course of his employment may elect to | ||||||
24 | pursue his remedy in
the State where injured or disabled, or in | ||||||
25 | the State where the contract
of hire is made, or in the State | ||||||
26 | where the employment is principally
localized.
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1 | However, any employer may elect to provide and pay | ||||||
2 | compensation to
any employee other than those engaged in the | ||||||
3 | usual course of the trade,
business, profession or occupation | ||||||
4 | of the employer by complying with
Sections 2 and 4 of this Act. | ||||||
5 | Employees are not included within the
provisions of this Act | ||||||
6 | when excluded by the laws of the United States
relating to | ||||||
7 | liability of employers to their employees for personal
injuries | ||||||
8 | where such laws are held to be exclusive.
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9 | The term "employee" does not include persons performing | ||||||
10 | services as real
estate broker, broker-salesman, or salesman | ||||||
11 | when such persons are paid by
commission only.
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12 | (c) "Commission" means the Industrial Commission created | ||||||
13 | by Section
5 of "The Civil Administrative Code of Illinois", | ||||||
14 | approved March 7,
1917, as amended, or the Illinois Workers' | ||||||
15 | Compensation Commission created by Section 13 of
this Act.
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16 | (d) The term "accident" as used in this Act means an | ||||||
17 | occurrence arising out of the employment resulting from a risk | ||||||
18 | incidental to the employment and in the course of the | ||||||
19 | employment at a time and place and under circumstances | ||||||
20 | reasonably required by the employment. | ||||||
21 | (e) The term "injury" as used in this Act means an injury | ||||||
22 | that arises out of and in the course of employment. An injury | ||||||
23 | by accident is compensable only if the accident was the primary | ||||||
24 | factor in causing both the resulting medical condition and | ||||||
25 | disability. The "primary factor" is defined to be the major | ||||||
26 | contributory factor, in relation to other factors, causing both |
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1 | the resulting medical condition and disability. "Injury" | ||||||
2 | includes the aggravation of a pre-existing condition by an | ||||||
3 | accident arising out of and in the course of the employment, | ||||||
4 | but only for so long as the aggravation of the pre-existing | ||||||
5 | condition continues to be the primary factor causing the | ||||||
6 | disability. | ||||||
7 | (1) An injury is deemed to arise out of and in the | ||||||
8 | course of the employment only if: | ||||||
9 | (A) it is reasonably apparent, upon consideration | ||||||
10 | of all circumstances, that the accident is the primary | ||||||
11 | factor in causing the injury; | ||||||
12 | (B) it does not come from a hazard or risk | ||||||
13 | unrelated to the employment to which employees would | ||||||
14 | have been equally exposed outside of the employment. | ||||||
15 | (2) An injury resulting directly or indirectly from | ||||||
16 | idiopathic causes is not compensable. | ||||||
17 | (3) Any condition or impairment of health of an | ||||||
18 | employee employed as a suffered by a firefighter, | ||||||
19 | paramedic, or emergency medical technician (EMT), which | ||||||
20 | results directly or indirectly from any bloodborne | ||||||
21 | pathogen, lung or respiratory disease or condition, heart | ||||||
22 | or vascular disease or condition, hypertension, hernia, | ||||||
23 | hearing loss, tuberculosis, or cancer resulting in any | ||||||
24 | disability to the employee shall be rebuttably presumed not | ||||||
25 | to arise out of and in the course of the employment unless | ||||||
26 | the accident is the primary factor in causing the resulting |
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1 | medical condition. | ||||||
2 | (Source: P.A. 93-721, eff. 1-1-05.)"; and
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3 | on page 26, by inserting after line 7 the following:
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4 | "(820 ILCS 305/6) (from Ch. 48, par. 138.6)
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5 | Sec. 6. (a) Every employer within the provisions of this | ||||||
6 | Act, shall,
under the rules and regulations prescribed by the | ||||||
7 | Commission, post
printed notices in their respective places of | ||||||
8 | employment in such number
and at such places as may be | ||||||
9 | determined by the Commission, containing
such information | ||||||
10 | relative to this Act as in the judgment of the
Commission may | ||||||
11 | be necessary to aid employees to safeguard their rights
under | ||||||
12 | this Act in event of injury.
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13 | In addition thereto, the employer shall post in a | ||||||
14 | conspicuous place
on the place of the employment a printed or | ||||||
15 | typewritten notice stating
whether he is insured or whether he | ||||||
16 | has qualified and is operating as a
self-insured employer. In | ||||||
17 | the event the employer is insured, the notice
shall state the | ||||||
18 | name and address of his insurance carrier, the number of
the | ||||||
19 | insurance policy, its effective date and the date of | ||||||
20 | termination. In
the event of the termination of the policy for | ||||||
21 | any reason prior to the
termination date stated, the posted | ||||||
22 | notice shall promptly be corrected
accordingly. In the event | ||||||
23 | the employer is operating as a self-insured
employer the notice | ||||||
24 | shall state the name and address of the company, if
any, |
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1 | servicing the compensation payments of the employer, and the | ||||||
2 | name
and address of the person in charge of making compensation | ||||||
3 | payments.
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4 | (b) Every employer subject to this Act shall maintain | ||||||
5 | accurate
records of work-related deaths, injuries and illness | ||||||
6 | other than minor
injuries requiring only first aid treatment | ||||||
7 | and which do not involve
medical treatment, loss of | ||||||
8 | consciousness, restriction of work or motion,
or transfer to | ||||||
9 | another job and file with the Commission, in writing, a
report | ||||||
10 | of all accidental deaths, injuries and illnesses arising out of
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11 | and in the course of the employment resulting in the loss of | ||||||
12 | more than
3 scheduled work days. In the case of death such | ||||||
13 | report shall be
made no later than 2 working days following the | ||||||
14 | accidental death. In
all other cases such report shall be made | ||||||
15 | between the 15th and 25th of
each month unless required to be | ||||||
16 | made sooner by rule of the Commission.
In case the injury | ||||||
17 | results in permanent disability, a further report
shall be made | ||||||
18 | as soon as it is determined that such permanent disability
has | ||||||
19 | resulted or will result from the injury. All reports shall | ||||||
20 | state
the date of the injury, including the time of day or | ||||||
21 | night, the nature
of the employer's business, the name, | ||||||
22 | address, age, sex, conjugal
condition of the injured person, | ||||||
23 | the specific occupation of the injured
person, the direct cause | ||||||
24 | of the injury and the nature of the accident,
the character of | ||||||
25 | the injury, the length of disability, and in case of
death the | ||||||
26 | length of disability before death, the wages of the injured
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1 | person, whether compensation has been paid to the injured | ||||||
2 | person, or to
his or her legal representative or his heirs or | ||||||
3 | next of kin, the amount of
compensation paid, the amount paid | ||||||
4 | for physicians', surgeons' and
hospital bills, and by whom | ||||||
5 | paid, and the amount paid for funeral or
burial expenses if | ||||||
6 | known. The reports shall be made on forms and in the
manner as | ||||||
7 | prescribed by the Commission and shall contain such further
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8 | information as the Commission shall deem necessary and require. | ||||||
9 | The
making of these reports releases the employer from making | ||||||
10 | such reports
to any other officer of the State and shall | ||||||
11 | satisfy the reporting
provisions as contained in the "Health | ||||||
12 | and Safety Act" and "An Act in
relation to safety inspections | ||||||
13 | and education in industrial and
commercial establishments and | ||||||
14 | to repeal an Act therein named", approved
July 18, 1955, as now | ||||||
15 | or hereafter amended. The reports filed with the
Commission | ||||||
16 | pursuant to this Section shall be made available by the
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17 | Commission to the Director of Labor or his representatives and | ||||||
18 | to all
other departments of the State of Illinois which shall | ||||||
19 | require such
information for the proper discharge of their | ||||||
20 | official duties. Failure
to file with the Commission any of the | ||||||
21 | reports required in this Section
is a petty offense.
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22 | Except as provided in this paragraph, all reports filed | ||||||
23 | hereunder shall
be confidential and any person
having access to | ||||||
24 | such records filed with the Illinois Workers' Compensation | ||||||
25 | Commission as
herein required, who shall release any | ||||||
26 | information therein contained
including the names or otherwise |
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1 | identify any persons sustaining
injuries or disabilities, or | ||||||
2 | give access to such information to any
unauthorized person, | ||||||
3 | shall be subject to discipline or discharge, and in
addition | ||||||
4 | shall be guilty of a Class B misdemeanor. The Commission shall
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5 | compile and distribute to interested persons aggregate | ||||||
6 | statistics, taken
from the reports filed hereunder. The | ||||||
7 | aggregate statistics shall not give
the names or otherwise | ||||||
8 | identify persons sustaining injuries or disabilities
or the | ||||||
9 | employer of any injured or disabled person.
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10 | (c) Notice of the accident shall be given to the employer | ||||||
11 | as soon as
practicable, but not later than 45 days after the | ||||||
12 | accident. Provided:
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13 | (1) In case of the legal disability of the employee
or any | ||||||
14 | dependent of a
deceased employee who may be entitled to | ||||||
15 | compensation under the
provisions of this Act, the limitations | ||||||
16 | of time by this Act provided do
not begin to run against such | ||||||
17 | person under legal disability
until a
guardian has been | ||||||
18 | appointed.
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19 | (2) In cases of injuries sustained by exposure to | ||||||
20 | radiological
materials or equipment, notice shall be given to | ||||||
21 | the employer within 90
days subsequent to the time that the | ||||||
22 | employee knows or suspects that he
has received an excessive | ||||||
23 | dose of radiation.
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24 | No defect or inaccuracy of such notice shall be a bar to | ||||||
25 | the
maintenance of proceedings on arbitration or otherwise by | ||||||
26 | the employee
unless the employer proves that he is unduly |
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1 | prejudiced in such
proceedings by such defect or inaccuracy.
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2 | Notice of the accident shall give the approximate date and | ||||||
3 | place of
the accident, if known, and may be given orally or in | ||||||
4 | writing.
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5 | (d) Every employer shall notify each injured employee who | ||||||
6 | has been
granted compensation under the provisions of Section 8 | ||||||
7 | of this Act
of his rights to rehabilitation services and advise | ||||||
8 | him of the locations
of available public rehabilitation centers | ||||||
9 | and any other such services
of which the employer has | ||||||
10 | knowledge.
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11 | In any case, other than one where the injury was caused by | ||||||
12 | exposure
to radiological materials or equipment or asbestos | ||||||
13 | unless the application for
compensation is filed with the | ||||||
14 | Commission within 3 years after the date
of the accident, where | ||||||
15 | no compensation has been paid, or within 2 years
after the date | ||||||
16 | of the last payment of compensation, where any has been
paid, | ||||||
17 | whichever shall be later, the right to file such application | ||||||
18 | shall
be barred.
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19 | In any case of injury caused by exposure to radiological | ||||||
20 | materials or
equipment or asbestos, unless application for | ||||||
21 | compensation is filed with the
Commission within 25 years after | ||||||
22 | the last day that the employee was
employed in an environment | ||||||
23 | of hazardous radiological activity or asbestos,
the right to | ||||||
24 | file such application shall be barred.
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25 | If in any case except one where the injury was caused by | ||||||
26 | exposure to
radiological materials or equipment or asbestos, |
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1 | the accidental injury
results in death application for | ||||||
2 | compensation for death may be filed with the
Commission within | ||||||
3 | 3 years after the date of death where no compensation
has been | ||||||
4 | paid or within 2 years after the date of the last payment of
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5 | compensation where any has been paid, whichever shall be later, | ||||||
6 | but not
thereafter.
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7 | If an accidental injury caused by exposure to radiological | ||||||
8 | material
or equipment or asbestos results in death within 25 | ||||||
9 | years after the last
day that the employee was so exposed | ||||||
10 | application for compensation for death may
be filed with the | ||||||
11 | Commission within 3 years after the date of death,
where no | ||||||
12 | compensation has been paid, or within 2 years after the date of
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13 | the last payment of compensation where any has been paid, | ||||||
14 | whichever
shall be later, but not thereafter.
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15 | (e) Any contract or agreement made by any employer or his | ||||||
16 | agent or
attorney with any employee or any other beneficiary of | ||||||
17 | any claim under
the provisions of this Act within 7 days after | ||||||
18 | the injury shall be
presumed to be fraudulent.
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19 | (f) (Blank). Any condition or impairment of health of an | ||||||
20 | employee employed as a
firefighter, emergency medical | ||||||
21 | technician (EMT), or paramedic which results
directly or | ||||||
22 | indirectly from any bloodborne pathogen, lung or respiratory
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23 | disease
or condition, heart
or vascular disease or condition, | ||||||
24 | hypertension, tuberculosis, or cancer
resulting in any | ||||||
25 | disability (temporary, permanent, total, or partial) to the
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26 | employee shall be rebuttably presumed to arise out of and in |
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1 | the course of
the employee's firefighting, EMT, or paramedic | ||||||
2 | employment and, further, shall
be
rebuttably presumed to be | ||||||
3 | causally connected to the hazards or exposures of
the | ||||||
4 | employment. This presumption shall also apply to any hernia or | ||||||
5 | hearing
loss suffered by an employee employed as a firefighter, | ||||||
6 | EMT, or paramedic.
However, this presumption shall not apply to | ||||||
7 | any employee who has been employed
as a firefighter, EMT, or | ||||||
8 | paramedic for less than 5 years at the time he or she files an | ||||||
9 | Application for Adjustment of Claim concerning this condition | ||||||
10 | or impairment with the Illinois Workers' Compensation | ||||||
11 | Commission. The Finding and Decision of the Illinois Workers' | ||||||
12 | Compensation Commission under only the rebuttable presumption | ||||||
13 | provision of this subsection shall not be admissible or be | ||||||
14 | deemed res judicata in any disability claim under the Illinois | ||||||
15 | Pension Code arising out of the same medical condition; | ||||||
16 | however, this sentence makes no change to the law set forth in | ||||||
17 | Krohe v. City of Bloomington, 204 Ill.2d 392.
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18 | (Source: P.A. 95-316, eff. 1-1-08.)".
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