97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6205

 

Introduced , by Rep. Dwight Kay

 

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

    Amends the Workers' Compensation Act. Provides that an individual who has been awarded temporary total disability payments under the Act or the Workers' Occupational Diseases Act is not entitled to receive those payments for any period during which the individual is incarcerated. Effective immediately.


LRB097 22066 WGH 70792 b

 

 

A BILL FOR

 

HB6205LRB097 22066 WGH 70792 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, even if a health care provider sells,
19transfers, or otherwise assigns an account receivable for
20procedures, treatments, or services covered under this Act. If
21the employer does not dispute payment of first aid, medical,
22surgical, and hospital services, the employer shall make such
23payment to the provider on behalf of the employee. The employer

 

 

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

 

 

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

 

 

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1then the employee shall be entitled to temporary partial
2disability benefits. Temporary partial disability benefits
3shall be equal to two-thirds of the difference between the
4average amount that the employee would be able to earn in the
5full performance of his or her duties in the occupation in
6which he or she was engaged at the time of accident and the
7gross amount which he or she is earning in the modified job
8provided to the employee by the employer or in any other job
9that the employee is working.
10    Every hospital, physician, surgeon or other person
11rendering treatment or services in accordance with the
12provisions of this Section shall upon written request furnish
13full and complete reports thereof to, and permit their records
14to be copied by, the employer, the employee or his dependents,
15as the case may be, or any other party to any proceeding for
16compensation before the Commission, or their attorneys.
17    Notwithstanding the foregoing, the employer's liability to
18pay for such medical services selected by the employee shall be
19limited to:
20        (1) all first aid and emergency treatment; plus
21        (2) all medical, surgical and hospital services
22    provided by the physician, surgeon or hospital initially
23    chosen by the employee or by any other physician,
24    consultant, expert, institution or other provider of
25    services recommended by said initial service provider or
26    any subsequent provider of medical services in the chain of

 

 

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1    referrals from said initial service provider; plus
2         (3) all medical, surgical and hospital services
3    provided by any second physician, surgeon or hospital
4    subsequently chosen by the employee or by any other
5    physician, consultant, expert, institution or other
6    provider of services recommended by said second service
7    provider or any subsequent provider of medical services in
8    the chain of referrals from said second service provider.
9    Thereafter the employer shall select and pay for all
10    necessary medical, surgical and hospital treatment and the
11    employee may not select a provider of medical services at
12    the employer's expense unless the employer agrees to such
13    selection. At any time the employee may obtain any medical
14    treatment he desires at his own expense. This paragraph
15    shall not affect the duty to pay for rehabilitation
16    referred to above.
17        (4) The following shall apply for injuries occurring on
18    or after June 28, 2011 (the effective date of Public Act
19    97-18) this amendatory Act of the 97th General Assembly and
20    only when an employer has an approved preferred provider
21    program pursuant to Section 8.1a on the date the employee
22    sustained his or her accidental injuries:
23            (A) The employer shall, in writing, on a form
24        promulgated by the Commission, inform the employee of
25        the preferred provider program;
26            (B) Subsequent to the report of an injury by an

 

 

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1        employee, the employee may choose in writing at any
2        time to decline the preferred provider program, in
3        which case that would constitute one of the two choices
4        of medical providers to which the employee is entitled
5        under subsection (a)(2) or (a)(3); and
6            (C) Prior to the report of an injury by an
7        employee, when an employee chooses non-emergency
8        treatment from a provider not within the preferred
9        provider program, that would constitute the employee's
10        one choice of medical providers to which the employee
11        is entitled under subsection (a)(2) or (a)(3).
12    When an employer and employee so agree in writing, nothing
13in this Act prevents an employee whose injury or disability has
14been established under this Act, from relying in good faith, on
15treatment by prayer or spiritual means alone, in accordance
16with the tenets and practice of a recognized church or
17religious denomination, by a duly accredited practitioner
18thereof, and having nursing services appropriate therewith,
19without suffering loss or diminution of the compensation
20benefits under this Act. However, the employee shall submit to
21all physical examinations required by this Act. The cost of
22such treatment and nursing care shall be paid by the employee
23unless the employer agrees to make such payment.
24    Where the accidental injury results in the amputation of an
25arm, hand, leg or foot, or the enucleation of an eye, or the
26loss of any of the natural teeth, the employer shall furnish an

 

 

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1artificial of any such members lost or damaged in accidental
2injury arising out of and in the course of employment, and
3shall also furnish the necessary braces in all proper and
4necessary cases. In cases of the loss of a member or members by
5amputation, the employer shall, whenever necessary, maintain
6in good repair, refit or replace the artificial limbs during
7the lifetime of the employee. Where the accidental injury
8accompanied by physical injury results in damage to a denture,
9eye glasses or contact eye lenses, or where the accidental
10injury results in damage to an artificial member, the employer
11shall replace or repair such denture, glasses, lenses, or
12artificial member.
13    The furnishing by the employer of any such services or
14appliances is not an admission of liability on the part of the
15employer to pay compensation.
16    The furnishing of any such services or appliances or the
17servicing thereof by the employer is not the payment of
18compensation.
19    (b) If the period of temporary total incapacity for work
20lasts more than 3 working days, weekly compensation as
21hereinafter provided shall be paid beginning on the 4th day of
22such temporary total incapacity and continuing as long as the
23total temporary incapacity lasts. In cases where the temporary
24total incapacity for work continues for a period of 14 days or
25more from the day of the accident compensation shall commence
26on the day after the accident.

 

 

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1        1. The compensation rate for temporary total
2    incapacity under this paragraph (b) of this Section shall
3    be equal to 66 2/3% of the employee's average weekly wage
4    computed in accordance with Section 10, provided that it
5    shall be not less than 66 2/3% of the sum of the Federal
6    minimum wage under the Fair Labor Standards Act, or the
7    Illinois minimum wage under the Minimum Wage Law, whichever
8    is more, multiplied by 40 hours. This percentage rate shall
9    be increased by 10% for each spouse and child, not to
10    exceed 100% of the total minimum wage calculation,
11    nor exceed the employee's average weekly wage computed in
12    accordance with the provisions of Section 10, whichever is
13    less.
14        2. The compensation rate in all cases other than for
15    temporary total disability under this paragraph (b), and
16    other than for serious and permanent disfigurement under
17    paragraph (c) and other than for permanent partial
18    disability under subparagraph (2) of paragraph (d) or under
19    paragraph (e), of this Section shall be equal to 66 2/3% of
20    the employee's average weekly wage computed in accordance
21    with the provisions of Section 10, provided that it shall
22    be not less than 66 2/3% of the sum of the Federal minimum
23    wage under the Fair Labor Standards Act, or the Illinois
24    minimum wage under the Minimum Wage Law, whichever is more,
25    multiplied by 40 hours. This percentage rate shall be
26    increased by 10% for each spouse and child, not to exceed

 

 

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1    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        2.1. The compensation rate in all cases of serious and
6    permanent disfigurement under paragraph (c) and of
7    permanent partial disability under subparagraph (2) of
8    paragraph (d) or under paragraph (e) of this Section shall
9    be equal to 60% of the employee's average weekly wage
10    computed in accordance with the provisions of Section 10,
11    provided that it shall be not less than 66 2/3% of the sum
12    of the Federal minimum wage under the Fair Labor Standards
13    Act, or the Illinois minimum wage under the Minimum Wage
14    Law, whichever is more, multiplied by 40 hours. This
15    percentage rate shall be increased by 10% for each spouse
16    and child, not to exceed 100% of the total minimum wage
17    calculation,
18    nor exceed the employee's average weekly wage computed in
19    accordance with the provisions of Section 10, whichever is
20    less.
21        3. As used in this Section the term "child" means a
22    child of the employee including any child legally adopted
23    before the accident or whom at the time of the accident the
24    employee was under legal obligation to support or to whom
25    the employee stood in loco parentis, and who at the time of
26    the accident was under 18 years of age and not emancipated.

 

 

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1    The term "children" means the plural of "child".
2        4. All weekly compensation rates provided under
3    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
4    Section shall be subject to the following limitations:
5        The maximum weekly compensation rate from July 1, 1975,
6    except as hereinafter provided, shall be 100% of the
7    State's average weekly wage in covered industries under the
8    Unemployment Insurance Act, that being the wage that most
9    closely approximates the State's average weekly wage.
10        The maximum weekly compensation rate, for the period
11    July 1, 1984, through June 30, 1987, except as hereinafter
12    provided, shall be $293.61. Effective July 1, 1987 and on
13    July 1 of each year thereafter the maximum weekly
14    compensation rate, except as hereinafter provided, shall
15    be determined as follows: if during the preceding 12 month
16    period there shall have been an increase in the State's
17    average weekly wage in covered industries under the
18    Unemployment Insurance Act, the weekly compensation rate
19    shall be proportionately increased by the same percentage
20    as the percentage of increase in the State's average weekly
21    wage in covered industries under the Unemployment
22    Insurance Act during such period.
23        The maximum weekly compensation rate, for the period
24    January 1, 1981 through December 31, 1983, except as
25    hereinafter provided, shall be 100% of the State's average
26    weekly wage in covered industries under the Unemployment

 

 

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1    Insurance Act in effect on January 1, 1981. Effective
2    January 1, 1984 and on January 1, of each year thereafter
3    the maximum weekly compensation rate, except as
4    hereinafter provided, shall be determined as follows: if
5    during the preceding 12 month period there shall have been
6    an increase in the State's average weekly wage in covered
7    industries under the Unemployment Insurance Act, the
8    weekly compensation rate shall be proportionately
9    increased by the same percentage as the percentage of
10    increase in the State's average weekly wage in covered
11    industries under the Unemployment Insurance Act during
12    such period.
13        From July 1, 1977 and thereafter such maximum weekly
14    compensation rate in death cases under Section 7, and
15    permanent total disability cases under paragraph (f) or
16    subparagraph 18 of paragraph (3) of this Section and for
17    temporary total disability under paragraph (b) of this
18    Section and for amputation of a member or enucleation of an
19    eye under paragraph (e) of this Section shall be increased
20    to 133-1/3% of the State's average weekly wage in covered
21    industries under the Unemployment Insurance Act.
22        For injuries occurring on or after February 1, 2006,
23    the maximum weekly benefit under paragraph (d)1 of this
24    Section shall be 100% of the State's average weekly wage in
25    covered industries under the Unemployment Insurance Act.
26        4.1. Any provision herein to the contrary

 

 

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1    notwithstanding, the weekly compensation rate for
2    compensation payments under subparagraph 18 of paragraph
3    (e) of this Section and under paragraph (f) of this Section
4    and under paragraph (a) of Section 7 and for amputation of
5    a member or enucleation of an eye under paragraph (e) of
6    this Section, shall in no event be less than 50% of the
7    State's average weekly wage in covered industries under the
8    Unemployment Insurance Act.
9        4.2. Any provision to the contrary notwithstanding,
10    the total compensation payable under Section 7 shall not
11    exceed the greater of $500,000 or 25 years.
12        5. For the purpose of this Section this State's average
13    weekly wage in covered industries under the Unemployment
14    Insurance Act on July 1, 1975 is hereby fixed at $228.16
15    per week and the computation of compensation rates shall be
16    based on the aforesaid average weekly wage until modified
17    as hereinafter provided.
18        6. The Department of Employment Security of the State
19    shall on or before the first day of December, 1977, and on
20    or before the first day of June, 1978, and on the first day
21    of each December and June of each year thereafter, publish
22    the State's average weekly wage in covered industries under
23    the Unemployment Insurance Act and the Illinois Workers'
24    Compensation Commission shall on the 15th day of January,
25    1978 and on the 15th day of July, 1978 and on the 15th day
26    of each January and July of each year thereafter, post and

 

 

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1    publish the State's average weekly wage in covered
2    industries under the Unemployment Insurance Act as last
3    determined and published by the Department of Employment
4    Security. The amount when so posted and published shall be
5    conclusive and shall be applicable as the basis of
6    computation of compensation rates until the next posting
7    and publication as aforesaid.
8        7. The payment of compensation by an employer or his
9    insurance carrier to an injured employee shall not
10    constitute an admission of the employer's liability to pay
11    compensation.
12    (c) For any serious and permanent disfigurement to the
13hand, head, face, neck, arm, leg below the knee or the chest
14above the axillary line, the employee is entitled to
15compensation for such disfigurement, the amount determined by
16agreement at any time or by arbitration under this Act, at a
17hearing not less than 6 months after the date of the accidental
18injury, which amount shall not exceed 150 weeks (if the
19accidental injury occurs on or after the effective date of this
20amendatory Act of the 94th General Assembly but before February
211, 2006) or 162 weeks (if the accidental injury occurs on or
22after February 1, 2006) at the applicable rate provided in
23subparagraph 2.1 of paragraph (b) of this Section.
24    No compensation is payable under this paragraph where
25compensation is payable under paragraphs (d), (e) or (f) of
26this Section.

 

 

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1    A duly appointed member of a fire department in a city, the
2population of which exceeds 500,000 according to the last
3federal or State census, is eligible for compensation under
4this paragraph only where such serious and permanent
5disfigurement results from burns.
6    (d) 1. If, after the accidental injury has been sustained,
7the employee as a result thereof becomes partially
8incapacitated from pursuing his usual and customary line of
9employment, he shall, except in cases compensated under the
10specific schedule set forth in paragraph (e) of this Section,
11receive compensation for the duration of his disability,
12subject to the limitations as to maximum amounts fixed in
13paragraph (b) of this Section, equal to 66-2/3% of the
14difference between the average amount which he would be able to
15earn in the full performance of his duties in the occupation in
16which he was engaged at the time of the accident and the
17average amount which he is earning or is able to earn in some
18suitable employment or business after the accident. For
19accidental injuries that occur on or after September 1, 2011,
20an award for wage differential under this subsection shall be
21effective only until the employee reaches the age of 67 or 5
22years from the date the award becomes final, whichever is
23later.
24    2. If, as a result of the accident, the employee sustains
25serious and permanent injuries not covered by paragraphs (c)
26and (e) of this Section or having sustained injuries covered by

 

 

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

 

 

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1and for a fracture of each transverse process not less than 3
2weeks. In the event such injuries shall result in the loss of a
3kidney, spleen or lung, the amount of compensation allowed
4under this Section shall be not less than 10 weeks for each
5such organ. Compensation awarded under this subparagraph 2
6shall not take into consideration injuries covered under
7paragraphs (c) and (e) of this Section and the compensation
8provided in this paragraph shall not affect the employee's
9right to compensation payable under paragraphs (b), (c) and (e)
10of this Section for the disabilities therein covered.
11    (e) For accidental injuries in the following schedule, the
12employee shall receive compensation for the period of temporary
13total incapacity for work resulting from such accidental
14injury, under subparagraph 1 of paragraph (b) of this Section,
15and shall receive in addition thereto compensation for a
16further period for the specific loss herein mentioned, but
17shall not receive any compensation under any other provisions
18of this Act. The following listed amounts apply to either the
19loss of or the permanent and complete loss of use of the member
20specified, such compensation for the length of time as follows:
21        1. Thumb-
22            70 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            76 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

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

 

 

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

 

 

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1        after June 28, 2011 (the effective date of Public Act
2        97-18) this amendatory Act of the 97th General Assembly
3        and if the accidental injury involves carpal tunnel
4        syndrome due to repetitive or cumulative trauma, in
5        which case the permanent partial disability shall not
6        exceed 15% loss of use of the hand, except for cause
7        shown by clear and convincing evidence and in which
8        case the award shall not exceed 30% loss of use of the
9        hand.
10        The loss of 2 or more digits, or one or more phalanges
11    of 2 or more digits, of a hand may be compensated on the
12    basis of partial loss of use of a hand, provided, further,
13    that the loss of 4 digits, or the loss of use of 4 digits,
14    in the same hand shall constitute the complete loss of a
15    hand.
16        10. Arm-
17            235 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            253 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        Where an accidental injury results in the amputation of
23    an arm below the elbow, such injury shall be compensated as
24    a loss of an arm. Where an accidental injury results in the
25    amputation of an arm above the elbow, compensation for an
26    additional 15 weeks (if the accidental injury occurs on or

 

 

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1    after the effective date of this amendatory Act of the 94th
2    General Assembly but before February 1, 2006) or an
3    additional 17 weeks (if the accidental injury occurs on or
4    after February 1, 2006) shall be paid, except where the
5    accidental injury results in the amputation of an arm at
6    the shoulder joint, or so close to shoulder joint that an
7    artificial arm cannot be used, or results in the
8    disarticulation of an arm at the shoulder joint, in which
9    case compensation for an additional 65 weeks (if the
10    accidental injury occurs on or after the effective date of
11    this amendatory Act of the 94th General Assembly but before
12    February 1, 2006) or an additional 70 weeks (if the
13    accidental injury occurs on or after February 1, 2006)
14    shall be paid.
15        11. Foot-
16            155 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            167 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        12. Leg-
22            200 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            215 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

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1        Where an accidental injury results in the amputation of
2    a leg below the knee, such injury shall be compensated as
3    loss of a leg. Where an accidental injury results in the
4    amputation of a leg above the knee, compensation for an
5    additional 25 weeks (if the accidental injury occurs on or
6    after the effective date of this amendatory Act of the 94th
7    General Assembly but before February 1, 2006) or an
8    additional 27 weeks (if the accidental injury occurs on or
9    after February 1, 2006) shall be paid, except where the
10    accidental injury results in the amputation of a leg at the
11    hip joint, or so close to the hip joint that an artificial
12    leg cannot be used, or results in the disarticulation of a
13    leg at the hip joint, in which case compensation for an
14    additional 75 weeks (if the accidental injury occurs on or
15    after the effective date of this amendatory Act of the 94th
16    General Assembly but before February 1, 2006) or an
17    additional 81 weeks (if the accidental injury occurs on or
18    after February 1, 2006) shall be paid.
19        13. Eye-
20            150 weeks if the accidental injury occurs on or
21        after the effective date of this amendatory Act of the
22        94th General Assembly but before February 1, 2006.
23            162 weeks if the accidental injury occurs on or
24        after February 1, 2006.
25        Where an accidental injury results in the enucleation
26    of an eye, compensation for an additional 10 weeks (if the

 

 

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1    accidental injury occurs on or after the effective date of
2    this amendatory Act of the 94th General Assembly but before
3    February 1, 2006) or an additional 11 weeks (if the
4    accidental injury occurs on or after February 1, 2006)
5    shall be paid.
6        14. Loss of hearing of one ear-
7            50 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            54 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        Total and permanent loss of hearing of both ears-
13            200 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            215 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        15. Testicle-
19            50 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            54 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        Both testicles-
25            150 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

HB6205- 23 -LRB097 22066 WGH 70792 b

1        94th General Assembly but before February 1, 2006.
2            162 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        16. For the permanent partial loss of use of a member
5    or sight of an eye, or hearing of an ear, compensation
6    during that proportion of the number of weeks in the
7    foregoing schedule provided for the loss of such member or
8    sight of an eye, or hearing of an ear, which the partial
9    loss of use thereof bears to the total loss of use of such
10    member, or sight of eye, or hearing of an ear.
11            (a) Loss of hearing for compensation purposes
12        shall be confined to the frequencies of 1,000, 2,000
13        and 3,000 cycles per second. Loss of hearing ability
14        for frequency tones above 3,000 cycles per second are
15        not to be considered as constituting disability for
16        hearing.
17            (b) The percent of hearing loss, for purposes of
18        the determination of compensation claims for
19        occupational deafness, shall be calculated as the
20        average in decibels for the thresholds of hearing for
21        the frequencies of 1,000, 2,000 and 3,000 cycles per
22        second. Pure tone air conduction audiometric
23        instruments, approved by nationally recognized
24        authorities in this field, shall be used for measuring
25        hearing loss. If the losses of hearing average 30
26        decibels or less in the 3 frequencies, such losses of

 

 

HB6205- 24 -LRB097 22066 WGH 70792 b

1        hearing shall not then constitute any compensable
2        hearing disability. If the losses of hearing average 85
3        decibels or more in the 3 frequencies, then the same
4        shall constitute and be total or 100% compensable
5        hearing loss.
6            (c) In measuring hearing impairment, the lowest
7        measured losses in each of the 3 frequencies shall be
8        added together and divided by 3 to determine the
9        average decibel loss. For every decibel of loss
10        exceeding 30 decibels an allowance of 1.82% shall be
11        made up to the maximum of 100% which is reached at 85
12        decibels.
13            (d) If a hearing loss is established to have
14        existed on July 1, 1975 by audiometric testing the
15        employer shall not be liable for the previous loss so
16        established nor shall he be liable for any loss for
17        which compensation has been paid or awarded.
18            (e) No consideration shall be given to the question
19        of whether or not the ability of an employee to
20        understand speech is improved by the use of a hearing
21        aid.
22            (f) No claim for loss of hearing due to industrial
23        noise shall be brought against an employer or allowed
24        unless the employee has been exposed for a period of
25        time sufficient to cause permanent impairment to noise
26        levels in excess of the following:

 

 

HB6205- 25 -LRB097 22066 WGH 70792 b

1Sound Level DBA
2Slow ResponseHours Per Day
3908
4926
5954
6973
71002
81021-1/2
91051
101101/2
111151/4
12        This subparagraph (f) shall not be applied in cases of
13    hearing loss resulting from trauma or explosion.
14        17. In computing the compensation to be paid to any
15    employee who, before the accident for which he claims
16    compensation, had before that time sustained an injury
17    resulting in the loss by amputation or partial loss by
18    amputation of any member, including hand, arm, thumb or
19    fingers, leg, foot or any toes, such loss or partial loss
20    of any such member shall be deducted from any award made
21    for the subsequent injury. For the permanent loss of use or
22    the permanent partial loss of use of any such member or the
23    partial loss of sight of an eye, for which compensation has
24    been paid, then such loss shall be taken into consideration
25    and deducted from any award for the subsequent injury.
26        18. The specific case of loss of both hands, both arms,

 

 

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1    or both feet, or both legs, or both eyes, or of any two
2    thereof, or the permanent and complete loss of the use
3    thereof, constitutes total and permanent disability, to be
4    compensated according to the compensation fixed by
5    paragraph (f) of this Section. These specific cases of
6    total and permanent disability do not exclude other cases.
7        Any employee who has previously suffered the loss or
8    permanent and complete loss of the use of any of such
9    members, and in a subsequent independent accident loses
10    another or suffers the permanent and complete loss of the
11    use of any one of such members the employer for whom the
12    injured employee is working at the time of the last
13    independent accident is liable to pay compensation only for
14    the loss or permanent and complete loss of the use of the
15    member occasioned by the last independent accident.
16        19. In a case of specific loss and the subsequent death
17    of such injured employee from other causes than such injury
18    leaving a widow, widower, or dependents surviving before
19    payment or payment in full for such injury, then the amount
20    due for such injury is payable to the widow or widower and,
21    if there be no widow or widower, then to such dependents,
22    in the proportion which such dependency bears to total
23    dependency.
24    Beginning July 1, 1980, and every 6 months thereafter, the
25Commission shall examine the Second Injury Fund and when, after
26deducting all advances or loans made to such Fund, the amount

 

 

HB6205- 27 -LRB097 22066 WGH 70792 b

1therein is $500,000 then the amount required to be paid by
2employers pursuant to paragraph (f) of Section 7 shall be
3reduced by one-half. When the Second Injury Fund reaches the
4sum of $600,000 then the payments shall cease entirely.
5However, when the Second Injury Fund has been reduced to
6$400,000, payment of one-half of the amounts required by
7paragraph (f) of Section 7 shall be resumed, in the manner
8herein provided, and when the Second Injury Fund has been
9reduced to $300,000, payment of the full amounts required by
10paragraph (f) of Section 7 shall be resumed, in the manner
11herein provided. The Commission shall make the changes in
12payment effective by general order, and the changes in payment
13become immediately effective for all cases coming before the
14Commission thereafter either by settlement agreement or final
15order, irrespective of the date of the accidental injury.
16    On August 1, 1996 and on February 1 and August 1 of each
17subsequent year, the Commission shall examine the special fund
18designated as the "Rate Adjustment Fund" and when, after
19deducting all advances or loans made to said fund, the amount
20therein is $4,000,000, the amount required to be paid by
21employers pursuant to paragraph (f) of Section 7 shall be
22reduced by one-half. When the Rate Adjustment Fund reaches the
23sum of $5,000,000 the payment therein shall cease entirely.
24However, when said Rate Adjustment Fund has been reduced to
25$3,000,000 the amounts required by paragraph (f) of Section 7
26shall be resumed in the manner herein provided.

 

 

HB6205- 28 -LRB097 22066 WGH 70792 b

1    (f) In case of complete disability, which renders the
2employee wholly and permanently incapable of work, or in the
3specific case of total and permanent disability as provided in
4subparagraph 18 of paragraph (e) of this Section, compensation
5shall be payable at the rate provided in subparagraph 2 of
6paragraph (b) of this Section for life.
7    An employee entitled to benefits under paragraph (f) of
8this Section shall also be entitled to receive from the Rate
9Adjustment Fund provided in paragraph (f) of Section 7 of the
10supplementary benefits provided in paragraph (g) of this
11Section 8.
12    If any employee who receives an award under this paragraph
13afterwards returns to work or is able to do so, and earns or is
14able to earn as much as before the accident, payments under
15such award shall cease. If such employee returns to work, or is
16able to do so, and earns or is able to earn part but not as much
17as before the accident, such award shall be modified so as to
18conform to an award under paragraph (d) of this Section. If
19such award is terminated or reduced under the provisions of
20this paragraph, such employees have the right at any time
21within 30 months after the date of such termination or
22reduction to file petition with the Commission for the purpose
23of determining whether any disability exists as a result of the
24original accidental injury and the extent thereof.
25    Disability as enumerated in subdivision 18, paragraph (e)
26of this Section is considered complete disability.

 

 

HB6205- 29 -LRB097 22066 WGH 70792 b

1    If an employee who had previously incurred loss or the
2permanent and complete loss of use of one member, through the
3loss or the permanent and complete loss of the use of one hand,
4one arm, one foot, one leg, or one eye, incurs permanent and
5complete disability through the loss or the permanent and
6complete loss of the use of another member, he shall receive,
7in addition to the compensation payable by the employer and
8after such payments have ceased, an amount from the Second
9Injury Fund provided for in paragraph (f) of Section 7, which,
10together with the compensation payable from the employer in
11whose employ he was when the last accidental injury was
12incurred, will equal the amount payable for permanent and
13complete disability as provided in this paragraph of this
14Section.
15    The custodian of the Second Injury Fund provided for in
16paragraph (f) of Section 7 shall be joined with the employer as
17a party respondent in the application for adjustment of claim.
18The application for adjustment of claim shall state briefly and
19in general terms the approximate time and place and manner of
20the loss of the first member.
21    In its award the Commission or the Arbitrator shall
22specifically find the amount the injured employee shall be
23weekly paid, the number of weeks compensation which shall be
24paid by the employer, the date upon which payments begin out of
25the Second Injury Fund provided for in paragraph (f) of Section
267 of this Act, the length of time the weekly payments continue,

 

 

HB6205- 30 -LRB097 22066 WGH 70792 b

1the date upon which the pension payments commence and the
2monthly amount of the payments. The Commission shall 30 days
3after the date upon which payments out of the Second Injury
4Fund have begun as provided in the award, and every month
5thereafter, prepare and submit to the State Comptroller a
6voucher for payment for all compensation accrued to that date
7at the rate fixed by the Commission. The State Comptroller
8shall draw a warrant to the injured employee along with a
9receipt to be executed by the injured employee and returned to
10the Commission. The endorsed warrant and receipt is a full and
11complete acquittance to the Commission for the payment out of
12the Second Injury Fund. No other appropriation or warrant is
13necessary for payment out of the Second Injury Fund. The Second
14Injury Fund is appropriated for the purpose of making payments
15according to the terms of the awards.
16    As of July 1, 1980 to July 1, 1982, all claims against and
17obligations of the Second Injury Fund shall become claims
18against and obligations of the Rate Adjustment Fund to the
19extent there is insufficient money in the Second Injury Fund to
20pay such claims and obligations. In that case, all references
21to "Second Injury Fund" in this Section shall also include the
22Rate Adjustment Fund.
23    (g) Every award for permanent total disability entered by
24the Commission on and after July 1, 1965 under which
25compensation payments shall become due and payable after the
26effective date of this amendatory Act, and every award for

 

 

HB6205- 31 -LRB097 22066 WGH 70792 b

1death benefits or permanent total disability entered by the
2Commission on and after the effective date of this amendatory
3Act shall be subject to annual adjustments as to the amount of
4the compensation rate therein provided. Such adjustments shall
5first be made on July 15, 1977, and all awards made and entered
6prior to July 1, 1975 and on July 15 of each year thereafter.
7In all other cases such adjustment shall be made on July 15 of
8the second year next following the date of the entry of the
9award and shall further be made on July 15 annually thereafter.
10If during the intervening period from the date of the entry of
11the award, or the last periodic adjustment, there shall have
12been an increase in the State's average weekly wage in covered
13industries under the Unemployment Insurance Act, the weekly
14compensation rate shall be proportionately increased by the
15same percentage as the percentage of increase in the State's
16average weekly wage in covered industries under the
17Unemployment Insurance Act. The increase in the compensation
18rate under this paragraph shall in no event bring the total
19compensation rate to an amount greater than the prevailing
20maximum rate at the time that the annual adjustment is made.
21Such increase shall be paid in the same manner as herein
22provided for payments under the Second Injury Fund to the
23injured employee, or his dependents, as the case may be, out of
24the Rate Adjustment Fund provided in paragraph (f) of Section 7
25of this Act. Payments shall be made at the same intervals as
26provided in the award or, at the option of the Commission, may

 

 

HB6205- 32 -LRB097 22066 WGH 70792 b

1be made in quarterly payment on the 15th day of January, April,
2July and October of each year. In the event of a decrease in
3such average weekly wage there shall be no change in the then
4existing compensation rate. The within paragraph shall not
5apply to cases where there is disputed liability and in which a
6compromise lump sum settlement between the employer and the
7injured employee, or his dependents, as the case may be, has
8been duly approved by the Illinois Workers' Compensation
9Commission.
10    Provided, that in cases of awards entered by the Commission
11for injuries occurring before July 1, 1975, the increases in
12the compensation rate adjusted under the foregoing provision of
13this paragraph (g) shall be limited to increases in the State's
14average weekly wage in covered industries under the
15Unemployment Insurance Act occurring after July 1, 1975.
16    For every accident occurring on or after July 20, 2005 but
17before the effective date of this amendatory Act of the 94th
18General Assembly (Senate Bill 1283 of the 94th General
19Assembly), the annual adjustments to the compensation rate in
20awards for death benefits or permanent total disability, as
21provided in this Act, shall be paid by the employer. The
22adjustment shall be made by the employer on July 15 of the
23second year next following the date of the entry of the award
24and shall further be made on July 15 annually thereafter. If
25during the intervening period from the date of the entry of the
26award, or the last periodic adjustment, there shall have been

 

 

HB6205- 33 -LRB097 22066 WGH 70792 b

1an increase in the State's average weekly wage in covered
2industries under the Unemployment Insurance Act, the employer
3shall increase the weekly compensation rate proportionately by
4the same percentage as the percentage of increase in the
5State's average weekly wage in covered industries under the
6Unemployment Insurance Act. The increase in the compensation
7rate under this paragraph shall in no event bring the total
8compensation rate to an amount greater than the prevailing
9maximum rate at the time that the annual adjustment is made. In
10the event of a decrease in such average weekly wage there shall
11be no change in the then existing compensation rate. Such
12increase shall be paid by the employer in the same manner and
13at the same intervals as the payment of compensation in the
14award. This paragraph shall not apply to cases where there is
15disputed liability and in which a compromise lump sum
16settlement between the employer and the injured employee, or
17his or her dependents, as the case may be, has been duly
18approved by the Illinois Workers' Compensation Commission.
19    The annual adjustments for every award of death benefits or
20permanent total disability involving accidents occurring
21before July 20, 2005 and accidents occurring on or after the
22effective date of this amendatory Act of the 94th General
23Assembly (Senate Bill 1283 of the 94th General Assembly) shall
24continue to be paid from the Rate Adjustment Fund pursuant to
25this paragraph and Section 7(f) of this Act.
26    (h) In case death occurs from any cause before the total

 

 

HB6205- 34 -LRB097 22066 WGH 70792 b

1compensation to which the employee would have been entitled has
2been paid, then in case the employee leaves any widow, widower,
3child, parent (or any grandchild, grandparent or other lineal
4heir or any collateral heir dependent at the time of the
5accident upon the earnings of the employee to the extent of 50%
6or more of total dependency) such compensation shall be paid to
7the beneficiaries of the deceased employee and distributed as
8provided in paragraph (g) of Section 7.
9    (h-1) In case an injured employee is under legal disability
10at the time when any right or privilege accrues to him or her
11under this Act, a guardian may be appointed pursuant to law,
12and may, on behalf of such person under legal disability, claim
13and exercise any such right or privilege with the same effect
14as if the employee himself or herself had claimed or exercised
15the right or privilege. No limitations of time provided by this
16Act run so long as the employee who is under legal disability
17is without a conservator or guardian.
18    (i) In case the injured employee is under 16 years of age
19at the time of the accident and is illegally employed, the
20amount of compensation payable under paragraphs (b), (c), (d),
21(e) and (f) of this Section is increased 50%.
22    However, where an employer has on file an employment
23certificate issued pursuant to the Child Labor Law or work
24permit issued pursuant to the Federal Fair Labor Standards Act,
25as amended, or a birth certificate properly and duly issued,
26such certificate, permit or birth certificate is conclusive

 

 

HB6205- 35 -LRB097 22066 WGH 70792 b

1evidence as to the age of the injured minor employee for the
2purposes of this Section.
3    Nothing herein contained repeals or amends the provisions
4of the Child Labor Law relating to the employment of minors
5under the age of 16 years.
6    (j) 1. In the event the injured employee receives benefits,
7including medical, surgical or hospital benefits under any
8group plan covering non-occupational disabilities contributed
9to wholly or partially by the employer, which benefits should
10not have been payable if any rights of recovery existed under
11this Act, then such amounts so paid to the employee from any
12such group plan as shall be consistent with, and limited to,
13the provisions of paragraph 2 hereof, shall be credited to or
14against any compensation payment for temporary total
15incapacity for work or any medical, surgical or hospital
16benefits made or to be made under this Act. In such event, the
17period of time for giving notice of accidental injury and
18filing application for adjustment of claim does not commence to
19run until the termination of such payments. This paragraph does
20not apply to payments made under any group plan which would
21have been payable irrespective of an accidental injury under
22this Act. Any employer receiving such credit shall keep such
23employee safe and harmless from any and all claims or
24liabilities that may be made against him by reason of having
25received such payments only to the extent of such credit.
26    Any excess benefits paid to or on behalf of a State

 

 

HB6205- 36 -LRB097 22066 WGH 70792 b

1employee by the State Employees' Retirement System under
2Article 14 of the Illinois Pension Code on a death claim or
3disputed disability claim shall be credited against any
4payments made or to be made by the State of Illinois to or on
5behalf of such employee under this Act, except for payments for
6medical expenses which have already been incurred at the time
7of the award. The State of Illinois shall directly reimburse
8the State Employees' Retirement System to the extent of such
9credit.
10    2. Nothing contained in this Act shall be construed to give
11the employer or the insurance carrier the right to credit for
12any benefits or payments received by the employee other than
13compensation payments provided by this Act, and where the
14employee receives payments other than compensation payments,
15whether as full or partial salary, group insurance benefits,
16bonuses, annuities or any other payments, the employer or
17insurance carrier shall receive credit for each such payment
18only to the extent of the compensation that would have been
19payable during the period covered by such payment.
20    3. The extension of time for the filing of an Application
21for Adjustment of Claim as provided in paragraph 1 above shall
22not apply to those cases where the time for such filing had
23expired prior to the date on which payments or benefits
24enumerated herein have been initiated or resumed. Provided
25however that this paragraph 3 shall apply only to cases wherein
26the payments or benefits hereinabove enumerated shall be

 

 

HB6205- 37 -LRB097 22066 WGH 70792 b

1received after July 1, 1969.
2    (k) Notwithstanding any other provision of law, an
3individual who has been awarded temporary total disability
4payments under this Act or the Workers' Occupational Diseases
5Act is not entitled to receive those payments for any period
6during which the individual is incarcerated.
7(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; revised
89-15-11.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.