Illinois General Assembly - Full Text of HB6180
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Full Text of HB6180  97th General Assembly




State of Illinois
2011 and 2012


Introduced , by Rep. Dan Brady


820 ILCS 305/8.1b

    Amends the Workers' Compensation Act. Provides that in making a determination of partial disability, the Commission shall base its determination upon, among other things, objective findings in medical records. Removes a provision that no single factor shall be the sole determinant of disability.

LRB097 21508 JLS 69606 b





HB6180LRB097 21508 JLS 69606 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 8.1b as follows:
6    (820 ILCS 305/8.1b)
7    Sec. 8.1b. Determination of permanent partial disability.
8For accidental injuries that occur on or after September 1,
92011, permanent partial disability shall be established using
10the following criteria:
11    (a) A physician licensed to practice medicine in all of its
12branches preparing a permanent partial disability impairment
13report shall report the level of impairment in writing. The
14report shall include an evaluation of medically defined and
15professionally appropriate measurements of impairment that
16include, but are not limited to: loss of range of motion; loss
17of strength; measured atrophy of tissue mass consistent with
18the injury; and any other measurements that establish the
19nature and extent of the impairment. The most current edition
20of the American Medical Association's "Guides to the Evaluation
21of Permanent Impairment" shall be used by the physician in
22determining the level of impairment.
23    (b) In determining the level of permanent partial



HB6180- 2 -LRB097 21508 JLS 69606 b

1disability, the Commission shall base its determination on the
2following factors: (i) the reported level of impairment
3pursuant to subsection (a); (ii) the occupation of the injured
4employee; (iii) the age of the employee at the time of the
5injury; (iv) the employee's future earning capacity; and (v)
6evidence of disability corroborated by objective findings in
7the treating medical records. No single enumerated factor shall
8be the sole determinant of disability. In determining the level
9of disability, the relevance and weight of any factors used in
10addition to the level of impairment as reported by the
11physician must be explained in a written order.
12(Source: P.A. 97-18, eff. 6-28-11.)