97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1342

 

Introduced 2/9/2011, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/8  from Ch. 48, par. 138.8

    Amends the Workers' Compensation Act. Provides that no employer shall be required to pay temporary partial or total disability benefits to an employee who has been discharged for cause. Provides procedures for notice and hearings. Defines "discharge for cause" as a discharge resulting from the employee's voluntary violation of a rule or policy of the employer not caused by the employee's disability. Effective immediately.


LRB097 07796 AEK 47909 b

 

 

A BILL FOR

 

HB1342LRB097 07796 AEK 47909 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Section 8 as follows:
 
6    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
7    Sec. 8. The amount of compensation which shall be paid to
8the employee for an accidental injury not resulting in death
9is:
10    (a) The employer shall provide and pay the negotiated rate,
11if applicable, or the lesser of the health care provider's
12actual charges or according to a fee schedule, subject to
13Section 8.2, in effect at the time the service was rendered for
14all the necessary first aid, medical and surgical services, and
15all necessary medical, surgical and hospital services
16thereafter incurred, limited, however, to that which is
17reasonably required to cure or relieve from the effects of the
18accidental injury. If the employer does not dispute payment of
19first aid, medical, surgical, and hospital services, the
20employer shall make such payment to the provider on behalf of
21the employee. The employer shall also pay for treatment,
22instruction and training necessary for the physical, mental and
23vocational rehabilitation of the employee, including all

 

 

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1maintenance costs and expenses incidental thereto. If as a
2result of the injury the employee is unable to be
3self-sufficient the employer shall further pay for such
4maintenance or institutional care as shall be required.
5    The employee may at any time elect to secure his own
6physician, surgeon and hospital services at the employer's
7expense, or,
8    Upon agreement between the employer and the employees, or
9the employees' exclusive representative, and subject to the
10approval of the Illinois Workers' Compensation Commission, the
11employer shall maintain a list of physicians, to be known as a
12Panel of Physicians, who are accessible to the employees. The
13employer shall post this list in a place or places easily
14accessible to his employees. The employee shall have the right
15to make an alternative choice of physician from such Panel if
16he is not satisfied with the physician first selected. If, due
17to the nature of the injury or its occurrence away from the
18employer's place of business, the employee is unable to make a
19selection from the Panel, the selection process from the Panel
20shall not apply. The physician selected from the Panel may
21arrange for any consultation, referral or other specialized
22medical services outside the Panel at the employer's expense.
23Provided that, in the event the Commission shall find that a
24doctor selected by the employee is rendering improper or
25inadequate care, the Commission may order the employee to
26select another doctor certified or qualified in the medical

 

 

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1field for which treatment is required. If the employee refuses
2to make such change the Commission may relieve the employer of
3his obligation to pay the doctor's charges from the date of
4refusal to the date of compliance.
5    Any vocational rehabilitation counselors who provide
6service under this Act shall have appropriate certifications
7which designate the counselor as qualified to render opinions
8relating to vocational rehabilitation. Vocational
9rehabilitation may include, but is not limited to, counseling
10for job searches, supervising a job search program, and
11vocational retraining including education at an accredited
12learning institution. The employee or employer may petition to
13the Commission to decide disputes relating to vocational
14rehabilitation and the Commission shall resolve any such
15dispute, including payment of the vocational rehabilitation
16program by the employer.
17    The maintenance benefit shall not be less than the
18temporary total disability rate determined for the employee. In
19addition, maintenance shall include costs and expenses
20incidental to the vocational rehabilitation program.
21    When the employee is working light duty on a part-time
22basis or full-time basis and earns less than he or she would be
23earning if employed in the full capacity of the job or jobs,
24then the employee shall be entitled to temporary partial
25disability benefits. Temporary partial disability benefits
26shall be equal to two-thirds of the difference between the

 

 

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1average amount that the employee would be able to earn in the
2full performance of his or her duties in the occupation in
3which he or she was engaged at the time of accident and the net
4amount which he or she is earning in the modified job provided
5to the employee by the employer or in any other job that the
6employee is working.
7    No employer shall be required to pay temporary partial
8disability benefits to an employee who has been discharged for
9cause on or after the effective date of this amendatory Act of
10the 97th General Assembly. Upon notification by the employer,
11the Commission shall suspend temporary partial disability
12benefits being paid to an employee who has been discharged for
13cause. Following a hearing, the Commission may reinstate the
14temporary partial benefits and retroactively restore any
15benefits the employer should have paid if it finds the
16employer's discharge of the employee was not for cause. If the
17Commission determines that the employee was discharged for
18cause, the temporary partial disability benefit shall be
19terminated. "Discharge for cause" means a discharge resulting
20from the employee's voluntary violation of a rule or policy of
21the employer not caused by the employee's disability.
22    Every hospital, physician, surgeon or other person
23rendering treatment or services in accordance with the
24provisions of this Section shall upon written request furnish
25full and complete reports thereof to, and permit their records
26to be copied by, the employer, the employee or his dependents,

 

 

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1as the case may be, or any other party to any proceeding for
2compensation before the Commission, or their attorneys.
3    Notwithstanding the foregoing, the employer's liability to
4pay for such medical services selected by the employee shall be
5limited to:
6        (1) all first aid and emergency treatment; plus
7        (2) all medical, surgical and hospital services
8    provided by the physician, surgeon or hospital initially
9    chosen by the employee or by any other physician,
10    consultant, expert, institution or other provider of
11    services recommended by said initial service provider or
12    any subsequent provider of medical services in the chain of
13    referrals from said initial service provider; plus
14        (3) all medical, surgical and hospital services
15    provided by any second physician, surgeon or hospital
16    subsequently chosen by the employee or by any other
17    physician, consultant, expert, institution or other
18    provider of services recommended by said second service
19    provider or any subsequent provider of medical services in
20    the chain of referrals from said second service provider.
21    Thereafter the employer shall select and pay for all
22    necessary medical, surgical and hospital treatment and the
23    employee may not select a provider of medical services at
24    the employer's expense unless the employer agrees to such
25    selection. At any time the employee may obtain any medical
26    treatment he or she desires at his or her own expense. This

 

 

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1    paragraph shall not affect the duty to pay for
2    rehabilitation referred to above.
3    When an employer and employee so agree in writing, nothing
4in this Act prevents an employee whose injury or disability has
5been established under this Act, from relying in good faith, on
6treatment by prayer or spiritual means alone, in accordance
7with the tenets and practice of a recognized church or
8religious denomination, by a duly accredited practitioner
9thereof, and having nursing services appropriate therewith,
10without suffering loss or diminution of the compensation
11benefits under this Act. However, the employee shall submit to
12all physical examinations required by this Act. The cost of
13such treatment and nursing care shall be paid by the employee
14unless the employer agrees to make such payment.
15    Where the accidental injury results in the amputation of an
16arm, hand, leg or foot, or the enucleation of an eye, or the
17loss of any of the natural teeth, the employer shall furnish an
18artificial of any such members lost or damaged in accidental
19injury arising out of and in the course of employment, and
20shall also furnish the necessary braces in all proper and
21necessary cases. In cases of the loss of a member or members by
22amputation, the employer shall, whenever necessary, maintain
23in good repair, refit or replace the artificial limbs during
24the lifetime of the employee. Where the accidental injury
25accompanied by physical injury results in damage to a denture,
26eye glasses or contact eye lenses, or where the accidental

 

 

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1injury results in damage to an artificial member, the employer
2shall replace or repair such denture, glasses, lenses, or
3artificial member.
4    The furnishing by the employer of any such services or
5appliances is not an admission of liability on the part of the
6employer to pay compensation.
7    The furnishing of any such services or appliances or the
8servicing thereof by the employer is not the payment of
9compensation.
10    (b) If the period of temporary total incapacity for work
11lasts more than 3 working days, weekly compensation as
12hereinafter provided shall be paid beginning on the 4th day of
13such temporary total incapacity and continuing as long as the
14total temporary incapacity lasts. In cases where the temporary
15total incapacity for work continues for a period of 14 days or
16more from the day of the accident compensation shall commence
17on the day after the accident.
18        1. The compensation rate for temporary total
19    incapacity under this paragraph (b) of this Section shall
20    be equal to 66 2/3% of the employee's average weekly wage
21    computed in accordance with Section 10, provided that it
22    shall be not less than 66 2/3% of the sum of the Federal
23    minimum wage under the Fair Labor Standards Act, or the
24    Illinois minimum wage under the Minimum Wage Law, whichever
25    is more, multiplied by 40 hours. This percentage rate shall
26    be increased by 10% for each spouse and child, not to

 

 

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1    exceed 100% of the total minimum wage calculation,
2    nor exceed the employee's average weekly wage computed in
3    accordance with the provisions of Section 10, whichever is
4    less.
5        2. The compensation rate in all cases other than for
6    temporary total disability under this paragraph (b), and
7    other than for serious and permanent disfigurement under
8    paragraph (c) and other than for permanent partial
9    disability under subparagraph (2) of paragraph (d) or under
10    paragraph (e), of this Section shall be equal to 66 2/3% of
11    the employee's average weekly wage computed in accordance
12    with the provisions of Section 10, provided that it shall
13    be not less than 66 2/3% of the sum of the Federal minimum
14    wage under the Fair Labor Standards Act, or the Illinois
15    minimum wage under the Minimum Wage Law, whichever is more,
16    multiplied by 40 hours. This percentage rate shall be
17    increased by 10% for each spouse and child, not to exceed
18    100% of the total minimum wage calculation,
19    nor exceed the employee's average weekly wage computed in
20    accordance with the provisions of Section 10, whichever is
21    less.
22        No employer shall be required to pay temporary total
23    disability benefits to an employee who has been discharged
24    for cause on or after the effective date of this amendatory
25    Act of the 97th General Assembly. Upon notification by the
26    employer, the Commission shall suspend temporary total

 

 

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1    disability benefits being paid to an employee who has been
2    discharged for cause. Following a hearing, the Commission
3    may reinstate the temporary total disability benefits and
4    retroactively restore any benefits the employer should
5    have paid if it finds the employer's discharge of the
6    employee was not for cause. If the Commission determines
7    that the employee was discharged for cause, the temporary
8    total disability benefit shall be terminated. "Discharge
9    for cause" means a discharge resulting from the employee's
10    voluntary violation of a rule or policy of the employer not
11    caused by the employee's disability.
12        2.1. The compensation rate in all cases of serious and
13    permanent disfigurement under paragraph (c) and of
14    permanent partial disability under subparagraph (2) of
15    paragraph (d) or under paragraph (e) of this Section shall
16    be equal to 60% of the employee's average weekly wage
17    computed in accordance with the provisions of Section 10,
18    provided that it shall be not less than 66 2/3% of the sum
19    of the Federal minimum wage under the Fair Labor Standards
20    Act, or the Illinois minimum wage under the Minimum Wage
21    Law, whichever is more, multiplied by 40 hours. This
22    percentage rate shall be increased by 10% for each spouse
23    and child, not to exceed 100% of the total minimum wage
24    calculation,
25    nor exceed the employee's average weekly wage computed in
26    accordance with the provisions of Section 10, whichever is

 

 

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1    less.
2        3. As used in this Section the term "child" means a
3    child of the employee including any child legally adopted
4    before the accident or whom at the time of the accident the
5    employee was under legal obligation to support or to whom
6    the employee stood in loco parentis, and who at the time of
7    the accident was under 18 years of age and not emancipated.
8    The term "children" means the plural of "child".
9        4. All weekly compensation rates provided under
10    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
11    Section shall be subject to the following limitations:
12        The maximum weekly compensation rate from July 1, 1975,
13    except as hereinafter provided, shall be 100% of the
14    State's average weekly wage in covered industries under the
15    Unemployment Insurance Act, that being the wage that most
16    closely approximates the State's average weekly wage.
17        The maximum weekly compensation rate, for the period
18    July 1, 1984, through June 30, 1987, except as hereinafter
19    provided, shall be $293.61. Effective July 1, 1987 and on
20    July 1 of each year thereafter the maximum weekly
21    compensation rate, except as hereinafter provided, shall
22    be determined as follows: if during the preceding 12 month
23    period there shall have been an increase in the State's
24    average weekly wage in covered industries under the
25    Unemployment Insurance Act, the weekly compensation rate
26    shall be proportionately increased by the same percentage

 

 

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1    as the percentage of increase in the State's average weekly
2    wage in covered industries under the Unemployment
3    Insurance Act during such period.
4        The maximum weekly compensation rate, for the period
5    January 1, 1981 through December 31, 1983, except as
6    hereinafter provided, shall be 100% of the State's average
7    weekly wage in covered industries under the Unemployment
8    Insurance Act in effect on January 1, 1981. Effective
9    January 1, 1984 and on January 1, of each year thereafter
10    the maximum weekly compensation rate, except as
11    hereinafter provided, shall be determined as follows: if
12    during the preceding 12 month period there shall have been
13    an increase in the State's average weekly wage in covered
14    industries under the Unemployment Insurance Act, the
15    weekly compensation rate shall be proportionately
16    increased by the same percentage as the percentage of
17    increase in the State's average weekly wage in covered
18    industries under the Unemployment Insurance Act during
19    such period.
20        From July 1, 1977 and thereafter such maximum weekly
21    compensation rate in death cases under Section 7, and
22    permanent total disability cases under paragraph (f) or
23    subparagraph 18 of paragraph (3) of this Section and for
24    temporary total disability under paragraph (b) of this
25    Section and for amputation of a member or enucleation of an
26    eye under paragraph (e) of this Section shall be increased

 

 

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1    to 133-1/3% of the State's average weekly wage in covered
2    industries under the Unemployment Insurance Act.
3        For injuries occurring on or after February 1, 2006,
4    the maximum weekly benefit under paragraph (d)1 of this
5    Section shall be 100% of the State's average weekly wage in
6    covered industries under the Unemployment Insurance Act.
7        4.1. Any provision herein to the contrary
8    notwithstanding, the weekly compensation rate for
9    compensation payments under subparagraph 18 of paragraph
10    (e) of this Section and under paragraph (f) of this Section
11    and under paragraph (a) of Section 7 and for amputation of
12    a member or enucleation of an eye under paragraph (e) of
13    this Section, shall in no event be less than 50% of the
14    State's average weekly wage in covered industries under the
15    Unemployment Insurance Act.
16        4.2. Any provision to the contrary notwithstanding,
17    the total compensation payable under Section 7 shall not
18    exceed the greater of $500,000 or 25 years.
19        5. For the purpose of this Section this State's average
20    weekly wage in covered industries under the Unemployment
21    Insurance Act on July 1, 1975 is hereby fixed at $228.16
22    per week and the computation of compensation rates shall be
23    based on the aforesaid average weekly wage until modified
24    as hereinafter provided.
25        6. The Department of Employment Security of the State
26    shall on or before the first day of December, 1977, and on

 

 

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1    or before the first day of June, 1978, and on the first day
2    of each December and June of each year thereafter, publish
3    the State's average weekly wage in covered industries under
4    the Unemployment Insurance Act and the Illinois Workers'
5    Compensation Commission shall on the 15th day of January,
6    1978 and on the 15th day of July, 1978 and on the 15th day
7    of each January and July of each year thereafter, post and
8    publish the State's average weekly wage in covered
9    industries under the Unemployment Insurance Act as last
10    determined and published by the Department of Employment
11    Security. The amount when so posted and published shall be
12    conclusive and shall be applicable as the basis of
13    computation of compensation rates until the next posting
14    and publication as aforesaid.
15        7. The payment of compensation by an employer or his
16    insurance carrier to an injured employee shall not
17    constitute an admission of the employer's liability to pay
18    compensation.
19    (c) For any serious and permanent disfigurement to the
20hand, head, face, neck, arm, leg below the knee or the chest
21above the axillary line, the employee is entitled to
22compensation for such disfigurement, the amount determined by
23agreement at any time or by arbitration under this Act, at a
24hearing not less than 6 months after the date of the accidental
25injury, which amount shall not exceed 150 weeks (if the
26accidental injury occurs on or after the effective date of this

 

 

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1amendatory Act of the 94th General Assembly but before February
21, 2006) or 162 weeks (if the accidental injury occurs on or
3after February 1, 2006) at the applicable rate provided in
4subparagraph 2.1 of paragraph (b) of this Section.
5    No compensation is payable under this paragraph where
6compensation is payable under paragraphs (d), (e) or (f) of
7this Section.
8    A duly appointed member of a fire department in a city, the
9population of which exceeds 200,000 according to the last
10federal or State census, is eligible for compensation under
11this paragraph only where such serious and permanent
12disfigurement results from burns.
13    (d) 1. If, after the accidental injury has been sustained,
14the employee as a result thereof becomes partially
15incapacitated from pursuing his usual and customary line of
16employment, he shall, except in cases compensated under the
17specific schedule set forth in paragraph (e) of this Section,
18receive compensation for the duration of his disability,
19subject to the limitations as to maximum amounts fixed in
20paragraph (b) of this Section, equal to 66-2/3% of the
21difference between the average amount which he would be able to
22earn in the full performance of his duties in the occupation in
23which he was engaged at the time of the accident and the
24average amount which he is earning or is able to earn in some
25suitable employment or business after the accident.
26    2. If, as a result of the accident, the employee sustains

 

 

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1serious and permanent injuries not covered by paragraphs (c)
2and (e) of this Section or having sustained injuries covered by
3the aforesaid paragraphs (c) and (e), he shall have sustained
4in addition thereto other injuries which injuries do not
5incapacitate him from pursuing the duties of his employment but
6which would disable him from pursuing other suitable
7occupations, or which have otherwise resulted in physical
8impairment; or if such injuries partially incapacitate him from
9pursuing the duties of his usual and customary line of
10employment but do not result in an impairment of earning
11capacity, or having resulted in an impairment of earning
12capacity, the employee elects to waive his right to recover
13under the foregoing subparagraph 1 of paragraph (d) of this
14Section then in any of the foregoing events, he shall receive
15in addition to compensation for temporary total disability
16under paragraph (b) of this Section, compensation at the rate
17provided in subparagraph 2.1 of paragraph (b) of this Section
18for that percentage of 500 weeks that the partial disability
19resulting from the injuries covered by this paragraph bears to
20total disability. If the employee shall have sustained a
21fracture of one or more vertebra or fracture of the skull, the
22amount of compensation allowed under this Section shall be not
23less than 6 weeks for a fractured skull and 6 weeks for each
24fractured vertebra, and in the event the employee shall have
25sustained a fracture of any of the following facial bones:
26nasal, lachrymal, vomer, zygoma, maxilla, palatine or

 

 

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1mandible, the amount of compensation allowed under this Section
2shall be not less than 2 weeks for each such fractured bone,
3and for a fracture of each transverse process not less than 3
4weeks. In the event such injuries shall result in the loss of a
5kidney, spleen or lung, the amount of compensation allowed
6under this Section shall be not less than 10 weeks for each
7such organ. Compensation awarded under this subparagraph 2
8shall not take into consideration injuries covered under
9paragraphs (c) and (e) of this Section and the compensation
10provided in this paragraph shall not affect the employee's
11right to compensation payable under paragraphs (b), (c) and (e)
12of this Section for the disabilities therein covered.
13    (e) For accidental injuries in the following schedule, the
14employee shall receive compensation for the period of temporary
15total incapacity for work resulting from such accidental
16injury, under subparagraph 1 of paragraph (b) of this Section,
17and shall receive in addition thereto compensation for a
18further period for the specific loss herein mentioned, but
19shall not receive any compensation under any other provisions
20of this Act. The following listed amounts apply to either the
21loss of or the permanent and complete loss of use of the member
22specified, such compensation for the length of time as follows:
23        1. Thumb-
24            70 weeks if the accidental injury occurs on or
25        after the effective date of this amendatory Act of the
26        94th General Assembly but before February 1, 2006.

 

 

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1            76 weeks if the accidental injury occurs on or
2        after February 1, 2006.
3        2. First, or index finger-
4            40 weeks if the accidental injury occurs on or
5        after the effective date of this amendatory Act of the
6        94th General Assembly but before February 1, 2006.
7            43 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        3. Second, or middle finger-
10            35 weeks if the accidental injury occurs on or
11        after the effective date of this amendatory Act of the
12        94th General Assembly but before February 1, 2006.
13            38 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        4. Third, or ring finger-
16            25 weeks if the accidental injury occurs on or
17        after the effective date of this amendatory Act of the
18        94th General Assembly but before February 1, 2006.
19            27 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        5. Fourth, or little finger-
22            20 weeks if the accidental injury occurs on or
23        after the effective date of this amendatory Act of the
24        94th General Assembly but before February 1, 2006.
25            22 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

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1        6. Great toe-
2            35 weeks if the accidental injury occurs on or
3        after the effective date of this amendatory Act of the
4        94th General Assembly but before February 1, 2006.
5            38 weeks if the accidental injury occurs on or
6        after February 1, 2006.
7        7. Each toe other than great toe-
8            12 weeks if the accidental injury occurs on or
9        after the effective date of this amendatory Act of the
10        94th General Assembly but before February 1, 2006.
11            13 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        8. The loss of the first or distal phalanx of the thumb
14    or of any finger or toe shall be considered to be equal to
15    the loss of one-half of such thumb, finger or toe and the
16    compensation payable shall be one-half of the amount above
17    specified. The loss of more than one phalanx shall be
18    considered as the loss of the entire thumb, finger or toe.
19    In no case shall the amount received for more than one
20    finger exceed the amount provided in this schedule for the
21    loss of a hand.
22        9. Hand-
23            190 weeks if the accidental injury occurs on or
24        after the effective date of this amendatory Act of the
25        94th General Assembly but before February 1, 2006.
26            205 weeks if the accidental injury occurs on or

 

 

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1        after February 1, 2006.
2        The loss of 2 or more digits, or one or more phalanges
3    of 2 or more digits, of a hand may be compensated on the
4    basis of partial loss of use of a hand, provided, further,
5    that the loss of 4 digits, or the loss of use of 4 digits,
6    in the same hand shall constitute the complete loss of a
7    hand.
8        10. Arm-
9            235 weeks if the accidental injury occurs on or
10        after the effective date of this amendatory Act of the
11        94th General Assembly but before February 1, 2006.
12            253 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        Where an accidental injury results in the amputation of
15    an arm below the elbow, such injury shall be compensated as
16    a loss of an arm. Where an accidental injury results in the
17    amputation of an arm above the elbow, compensation for an
18    additional 15 weeks (if the accidental injury occurs on or
19    after the effective date of this amendatory Act of the 94th
20    General Assembly but before February 1, 2006) or an
21    additional 17 weeks (if the accidental injury occurs on or
22    after February 1, 2006) shall be paid, except where the
23    accidental injury results in the amputation of an arm at
24    the shoulder joint, or so close to shoulder joint that an
25    artificial arm cannot be used, or results in the
26    disarticulation of an arm at the shoulder joint, in which

 

 

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1    case compensation for an additional 65 weeks (if the
2    accidental injury occurs on or after the effective date of
3    this amendatory Act of the 94th General Assembly but before
4    February 1, 2006) or an additional 70 weeks (if the
5    accidental injury occurs on or after February 1, 2006)
6    shall be paid.
7        11. Foot-
8            155 weeks if the accidental injury occurs on or
9        after the effective date of this amendatory Act of the
10        94th General Assembly but before February 1, 2006.
11            167 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        12. Leg-
14            200 weeks if the accidental injury occurs on or
15        after the effective date of this amendatory Act of the
16        94th General Assembly but before February 1, 2006.
17            215 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19        Where an accidental injury results in the amputation of
20    a leg below the knee, such injury shall be compensated as
21    loss of a leg. Where an accidental injury results in the
22    amputation of a leg above the knee, compensation for an
23    additional 25 weeks (if the accidental injury occurs on or
24    after the effective date of this amendatory Act of the 94th
25    General Assembly but before February 1, 2006) or an
26    additional 27 weeks (if the accidental injury occurs on or

 

 

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1    after February 1, 2006) shall be paid, except where the
2    accidental injury results in the amputation of a leg at the
3    hip joint, or so close to the hip joint that an artificial
4    leg cannot be used, or results in the disarticulation of a
5    leg at the hip joint, in which case compensation for an
6    additional 75 weeks (if the accidental injury occurs on or
7    after the effective date of this amendatory Act of the 94th
8    General Assembly but before February 1, 2006) or an
9    additional 81 weeks (if the accidental injury occurs on or
10    after February 1, 2006) shall be paid.
11        13. Eye-
12            150 weeks if the accidental injury occurs on or
13        after the effective date of this amendatory Act of the
14        94th General Assembly but before February 1, 2006.
15            162 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        Where an accidental injury results in the enucleation
18    of an eye, compensation for an additional 10 weeks (if the
19    accidental injury occurs on or after the effective date of
20    this amendatory Act of the 94th General Assembly but before
21    February 1, 2006) or an additional 11 weeks (if the
22    accidental injury occurs on or after February 1, 2006)
23    shall be paid.
24        14. Loss of hearing of one ear-
25            50 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

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1        94th General Assembly but before February 1, 2006.
2            54 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        Total and permanent loss of hearing of both ears-
5            200 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            215 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        15. Testicle-
11            50 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            54 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        Both testicles-
17            150 weeks if the accidental injury occurs on or
18        after the effective date of this amendatory Act of the
19        94th General Assembly but before February 1, 2006.
20            162 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        16. For the permanent partial loss of use of a member
23    or sight of an eye, or hearing of an ear, compensation
24    during that proportion of the number of weeks in the
25    foregoing schedule provided for the loss of such member or
26    sight of an eye, or hearing of an ear, which the partial

 

 

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1    loss of use thereof bears to the total loss of use of such
2    member, or sight of eye, or hearing of an ear.
3            (a) Loss of hearing for compensation purposes
4        shall be confined to the frequencies of 1,000, 2,000
5        and 3,000 cycles per second. Loss of hearing ability
6        for frequency tones above 3,000 cycles per second are
7        not to be considered as constituting disability for
8        hearing.
9            (b) The percent of hearing loss, for purposes of
10        the determination of compensation claims for
11        occupational deafness, shall be calculated as the
12        average in decibels for the thresholds of hearing for
13        the frequencies of 1,000, 2,000 and 3,000 cycles per
14        second. Pure tone air conduction audiometric
15        instruments, approved by nationally recognized
16        authorities in this field, shall be used for measuring
17        hearing loss. If the losses of hearing average 30
18        decibels or less in the 3 frequencies, such losses of
19        hearing shall not then constitute any compensable
20        hearing disability. If the losses of hearing average 85
21        decibels or more in the 3 frequencies, then the same
22        shall constitute and be total or 100% compensable
23        hearing loss.
24            (c) In measuring hearing impairment, the lowest
25        measured losses in each of the 3 frequencies shall be
26        added together and divided by 3 to determine the

 

 

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1        average decibel loss. For every decibel of loss
2        exceeding 30 decibels an allowance of 1.82% shall be
3        made up to the maximum of 100% which is reached at 85
4        decibels.
5            (d) If a hearing loss is established to have
6        existed on July 1, 1975 by audiometric testing the
7        employer shall not be liable for the previous loss so
8        established nor shall he be liable for any loss for
9        which compensation has been paid or awarded.
10            (e) No consideration shall be given to the question
11        of whether or not the ability of an employee to
12        understand speech is improved by the use of a hearing
13        aid.
14            (f) No claim for loss of hearing due to industrial
15        noise shall be brought against an employer or allowed
16        unless the employee has been exposed for a period of
17        time sufficient to cause permanent impairment to noise
18        levels in excess of the following:
19Sound Level DBA
20Slow ResponseHours Per Day
21908
22926
23954
24973
251002
261021-1/2

 

 

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11051
21101/2
31151/4
4        This subparagraph (f) shall not be applied in cases of
5    hearing loss resulting from trauma or explosion.
6        17. In computing the compensation to be paid to any
7    employee who, before the accident for which he claims
8    compensation, had before that time sustained an injury
9    resulting in the loss by amputation or partial loss by
10    amputation of any member, including hand, arm, thumb or
11    fingers, leg, foot or any toes, such loss or partial loss
12    of any such member shall be deducted from any award made
13    for the subsequent injury. For the permanent loss of use or
14    the permanent partial loss of use of any such member or the
15    partial loss of sight of an eye, for which compensation has
16    been paid, then such loss shall be taken into consideration
17    and deducted from any award for the subsequent injury.
18        18. The specific case of loss of both hands, both arms,
19    or both feet, or both legs, or both eyes, or of any two
20    thereof, or the permanent and complete loss of the use
21    thereof, constitutes total and permanent disability, to be
22    compensated according to the compensation fixed by
23    paragraph (f) of this Section. These specific cases of
24    total and permanent disability do not exclude other cases.
25        Any employee who has previously suffered the loss or
26    permanent and complete loss of the use of any of such

 

 

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1    members, and in a subsequent independent accident loses
2    another or suffers the permanent and complete loss of the
3    use of any one of such members the employer for whom the
4    injured employee is working at the time of the last
5    independent accident is liable to pay compensation only for
6    the loss or permanent and complete loss of the use of the
7    member occasioned by the last independent accident.
8        19. In a case of specific loss and the subsequent death
9    of such injured employee from other causes than such injury
10    leaving a widow, widower, or dependents surviving before
11    payment or payment in full for such injury, then the amount
12    due for such injury is payable to the widow or widower and,
13    if there be no widow or widower, then to such dependents,
14    in the proportion which such dependency bears to total
15    dependency.
16    Beginning July 1, 1980, and every 6 months thereafter, the
17Commission shall examine the Second Injury Fund and when, after
18deducting all advances or loans made to such Fund, the amount
19therein is $500,000 then the amount required to be paid by
20employers pursuant to paragraph (f) of Section 7 shall be
21reduced by one-half. When the Second Injury Fund reaches the
22sum of $600,000 then the payments shall cease entirely.
23However, when the Second Injury Fund has been reduced to
24$400,000, payment of one-half of the amounts required by
25paragraph (f) of Section 7 shall be resumed, in the manner
26herein provided, and when the Second Injury Fund has been

 

 

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1reduced to $300,000, payment of the full amounts required by
2paragraph (f) of Section 7 shall be resumed, in the manner
3herein provided. The Commission shall make the changes in
4payment effective by general order, and the changes in payment
5become immediately effective for all cases coming before the
6Commission thereafter either by settlement agreement or final
7order, irrespective of the date of the accidental injury.
8    On August 1, 1996 and on February 1 and August 1 of each
9subsequent year, the Commission shall examine the special fund
10designated as the "Rate Adjustment Fund" and when, after
11deducting all advances or loans made to said fund, the amount
12therein is $4,000,000, the amount required to be paid by
13employers pursuant to paragraph (f) of Section 7 shall be
14reduced by one-half. When the Rate Adjustment Fund reaches the
15sum of $5,000,000 the payment therein shall cease entirely.
16However, when said Rate Adjustment Fund has been reduced to
17$3,000,000 the amounts required by paragraph (f) of Section 7
18shall be resumed in the manner herein provided.
19    (f) In case of complete disability, which renders the
20employee wholly and permanently incapable of work, or in the
21specific case of total and permanent disability as provided in
22subparagraph 18 of paragraph (e) of this Section, compensation
23shall be payable at the rate provided in subparagraph 2 of
24paragraph (b) of this Section for life.
25    An employee entitled to benefits under paragraph (f) of
26this Section shall also be entitled to receive from the Rate

 

 

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1Adjustment Fund provided in paragraph (f) of Section 7 of the
2supplementary benefits provided in paragraph (g) of this
3Section 8.
4    If any employee who receives an award under this paragraph
5afterwards returns to work or is able to do so, and earns or is
6able to earn as much as before the accident, payments under
7such award shall cease. If such employee returns to work, or is
8able to do so, and earns or is able to earn part but not as much
9as before the accident, such award shall be modified so as to
10conform to an award under paragraph (d) of this Section. If
11such award is terminated or reduced under the provisions of
12this paragraph, such employees have the right at any time
13within 30 months after the date of such termination or
14reduction to file petition with the Commission for the purpose
15of determining whether any disability exists as a result of the
16original accidental injury and the extent thereof.
17    Disability as enumerated in subdivision 18, paragraph (e)
18of this Section is considered complete disability.
19    If an employee who had previously incurred loss or the
20permanent and complete loss of use of one member, through the
21loss or the permanent and complete loss of the use of one hand,
22one arm, one foot, one leg, or one eye, incurs permanent and
23complete disability through the loss or the permanent and
24complete loss of the use of another member, he shall receive,
25in addition to the compensation payable by the employer and
26after such payments have ceased, an amount from the Second

 

 

HB1342- 29 -LRB097 07796 AEK 47909 b

1Injury Fund provided for in paragraph (f) of Section 7, which,
2together with the compensation payable from the employer in
3whose employ he was when the last accidental injury was
4incurred, will equal the amount payable for permanent and
5complete disability as provided in this paragraph of this
6Section.
7    The custodian of the Second Injury Fund provided for in
8paragraph (f) of Section 7 shall be joined with the employer as
9a party respondent in the application for adjustment of claim.
10The application for adjustment of claim shall state briefly and
11in general terms the approximate time and place and manner of
12the loss of the first member.
13    In its award the Commission or the Arbitrator shall
14specifically find the amount the injured employee shall be
15weekly paid, the number of weeks compensation which shall be
16paid by the employer, the date upon which payments begin out of
17the Second Injury Fund provided for in paragraph (f) of Section
187 of this Act, the length of time the weekly payments continue,
19the date upon which the pension payments commence and the
20monthly amount of the payments. The Commission shall 30 days
21after the date upon which payments out of the Second Injury
22Fund have begun as provided in the award, and every month
23thereafter, prepare and submit to the State Comptroller a
24voucher for payment for all compensation accrued to that date
25at the rate fixed by the Commission. The State Comptroller
26shall draw a warrant to the injured employee along with a

 

 

HB1342- 30 -LRB097 07796 AEK 47909 b

1receipt to be executed by the injured employee and returned to
2the Commission. The endorsed warrant and receipt is a full and
3complete acquittance to the Commission for the payment out of
4the Second Injury Fund. No other appropriation or warrant is
5necessary for payment out of the Second Injury Fund. The Second
6Injury Fund is appropriated for the purpose of making payments
7according to the terms of the awards.
8    As of July 1, 1980 to July 1, 1982, all claims against and
9obligations of the Second Injury Fund shall become claims
10against and obligations of the Rate Adjustment Fund to the
11extent there is insufficient money in the Second Injury Fund to
12pay such claims and obligations. In that case, all references
13to "Second Injury Fund" in this Section shall also include the
14Rate Adjustment Fund.
15    (g) Every award for permanent total disability entered by
16the Commission on and after July 1, 1965 under which
17compensation payments shall become due and payable after the
18effective date of this amendatory Act, and every award for
19death benefits or permanent total disability entered by the
20Commission on and after the effective date of this amendatory
21Act shall be subject to annual adjustments as to the amount of
22the compensation rate therein provided. Such adjustments shall
23first be made on July 15, 1977, and all awards made and entered
24prior to July 1, 1975 and on July 15 of each year thereafter.
25In all other cases such adjustment shall be made on July 15 of
26the second year next following the date of the entry of the

 

 

HB1342- 31 -LRB097 07796 AEK 47909 b

1award and shall further be made on July 15 annually thereafter.
2If during the intervening period from the date of the entry of
3the award, or the last periodic adjustment, there shall have
4been an increase in the State's average weekly wage in covered
5industries under the Unemployment Insurance Act, the weekly
6compensation rate shall be proportionately increased by the
7same percentage as the percentage of increase in the State's
8average weekly wage in covered industries under the
9Unemployment Insurance Act. The increase in the compensation
10rate under this paragraph shall in no event bring the total
11compensation rate to an amount greater than the prevailing
12maximum rate at the time that the annual adjustment is made.
13Such increase shall be paid in the same manner as herein
14provided for payments under the Second Injury Fund to the
15injured employee, or his dependents, as the case may be, out of
16the Rate Adjustment Fund provided in paragraph (f) of Section 7
17of this Act. Payments shall be made at the same intervals as
18provided in the award or, at the option of the Commission, may
19be made in quarterly payment on the 15th day of January, April,
20July and October of each year. In the event of a decrease in
21such average weekly wage there shall be no change in the then
22existing compensation rate. The within paragraph shall not
23apply to cases where there is disputed liability and in which a
24compromise lump sum settlement between the employer and the
25injured employee, or his dependents, as the case may be, has
26been duly approved by the Illinois Workers' Compensation

 

 

HB1342- 32 -LRB097 07796 AEK 47909 b

1Commission.
2    Provided, that in cases of awards entered by the Commission
3for injuries occurring before July 1, 1975, the increases in
4the compensation rate adjusted under the foregoing provision of
5this paragraph (g) shall be limited to increases in the State's
6average weekly wage in covered industries under the
7Unemployment Insurance Act occurring after July 1, 1975.
8    For every accident occurring on or after July 20, 2005 but
9before the effective date of this amendatory Act of the 94th
10General Assembly (Senate Bill 1283 of the 94th General
11Assembly), the annual adjustments to the compensation rate in
12awards for death benefits or permanent total disability, as
13provided in this Act, shall be paid by the employer. The
14adjustment shall be made by the employer on July 15 of the
15second year next following the date of the entry of the award
16and shall further be made on July 15 annually thereafter. If
17during the intervening period from the date of the entry of the
18award, or the last periodic adjustment, there shall have been
19an increase in the State's average weekly wage in covered
20industries under the Unemployment Insurance Act, the employer
21shall increase the weekly compensation rate proportionately by
22the same percentage as the percentage of increase in the
23State's average weekly wage in covered industries under the
24Unemployment Insurance Act. The increase in the compensation
25rate under this paragraph shall in no event bring the total
26compensation rate to an amount greater than the prevailing

 

 

HB1342- 33 -LRB097 07796 AEK 47909 b

1maximum rate at the time that the annual adjustment is made. In
2the event of a decrease in such average weekly wage there shall
3be no change in the then existing compensation rate. Such
4increase shall be paid by the employer in the same manner and
5at the same intervals as the payment of compensation in the
6award. This paragraph shall not apply to cases where there is
7disputed liability and in which a compromise lump sum
8settlement between the employer and the injured employee, or
9his or her dependents, as the case may be, has been duly
10approved by the Illinois Workers' Compensation Commission.
11    The annual adjustments for every award of death benefits or
12permanent total disability involving accidents occurring
13before July 20, 2005 and accidents occurring on or after the
14effective date of this amendatory Act of the 94th General
15Assembly (Senate Bill 1283 of the 94th General Assembly) shall
16continue to be paid from the Rate Adjustment Fund pursuant to
17this paragraph and Section 7(f) of this Act.
18    (h) In case death occurs from any cause before the total
19compensation to which the employee would have been entitled has
20been paid, then in case the employee leaves any widow, widower,
21child, parent (or any grandchild, grandparent or other lineal
22heir or any collateral heir dependent at the time of the
23accident upon the earnings of the employee to the extent of 50%
24or more of total dependency) such compensation shall be paid to
25the beneficiaries of the deceased employee and distributed as
26provided in paragraph (g) of Section 7.

 

 

HB1342- 34 -LRB097 07796 AEK 47909 b

1    (h-1) In case an injured employee is under legal disability
2at the time when any right or privilege accrues to him or her
3under this Act, a guardian may be appointed pursuant to law,
4and may, on behalf of such person under legal disability, claim
5and exercise any such right or privilege with the same effect
6as if the employee himself or herself had claimed or exercised
7the right or privilege. No limitations of time provided by this
8Act run so long as the employee who is under legal disability
9is without a conservator or guardian.
10    (i) In case the injured employee is under 16 years of age
11at the time of the accident and is illegally employed, the
12amount of compensation payable under paragraphs (b), (c), (d),
13(e) and (f) of this Section is increased 50%.
14    However, where an employer has on file an employment
15certificate issued pursuant to the Child Labor Law or work
16permit issued pursuant to the Federal Fair Labor Standards Act,
17as amended, or a birth certificate properly and duly issued,
18such certificate, permit or birth certificate is conclusive
19evidence as to the age of the injured minor employee for the
20purposes of this Section.
21    Nothing herein contained repeals or amends the provisions
22of the Child Labor Law relating to the employment of minors
23under the age of 16 years.
24    (j) 1. In the event the injured employee receives benefits,
25including medical, surgical or hospital benefits under any
26group plan covering non-occupational disabilities contributed

 

 

HB1342- 35 -LRB097 07796 AEK 47909 b

1to wholly or partially by the employer, which benefits should
2not have been payable if any rights of recovery existed under
3this Act, then such amounts so paid to the employee from any
4such group plan as shall be consistent with, and limited to,
5the provisions of paragraph 2 hereof, shall be credited to or
6against any compensation payment for temporary total
7incapacity for work or any medical, surgical or hospital
8benefits made or to be made under this Act. In such event, the
9period of time for giving notice of accidental injury and
10filing application for adjustment of claim does not commence to
11run until the termination of such payments. This paragraph does
12not apply to payments made under any group plan which would
13have been payable irrespective of an accidental injury under
14this Act. Any employer receiving such credit shall keep such
15employee safe and harmless from any and all claims or
16liabilities that may be made against him by reason of having
17received such payments only to the extent of such credit.
18    Any excess benefits paid to or on behalf of a State
19employee by the State Employees' Retirement System under
20Article 14 of the Illinois Pension Code on a death claim or
21disputed disability claim shall be credited against any
22payments made or to be made by the State of Illinois to or on
23behalf of such employee under this Act, except for payments for
24medical expenses which have already been incurred at the time
25of the award. The State of Illinois shall directly reimburse
26the State Employees' Retirement System to the extent of such

 

 

HB1342- 36 -LRB097 07796 AEK 47909 b

1credit.
2    2. Nothing contained in this Act shall be construed to give
3the employer or the insurance carrier the right to credit for
4any benefits or payments received by the employee other than
5compensation payments provided by this Act, and where the
6employee receives payments other than compensation payments,
7whether as full or partial salary, group insurance benefits,
8bonuses, annuities or any other payments, the employer or
9insurance carrier shall receive credit for each such payment
10only to the extent of the compensation that would have been
11payable during the period covered by such payment.
12    3. The extension of time for the filing of an Application
13for Adjustment of Claim as provided in paragraph 1 above shall
14not apply to those cases where the time for such filing had
15expired prior to the date on which payments or benefits
16enumerated herein have been initiated or resumed. Provided
17however that this paragraph 3 shall apply only to cases wherein
18the payments or benefits hereinabove enumerated shall be
19received after July 1, 1969.
20(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
2194-695, eff. 11-16-05.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.