Full Text of HB0107 98th General Assembly
HB0107 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0107 Introduced 1/10/2013, by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
| 820 ILCS 305/1 | from Ch. 48, par. 138.1 |
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Amends the Workers' Compensation Act. Defines the terms "accident" and "injury". Provides that "injury" includes the aggravation of a pre-existing condition by an accident arising out of and in the course of the employment, but only for so long as the aggravation of the pre-existing condition continues to be the major contributing cause of the disability. Provides that an injury resulting directly or indirectly from idiopathic causes is not compensable.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workers' Compensation Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
| 7 | | Sec. 1. This Act may be cited as the Workers' Compensation | 8 | | Act.
| 9 | | (a) The term "employer" as used in this Act means:
| 10 | | 1. The State and each county, city, town, township, | 11 | | incorporated
village, school district, body politic, or | 12 | | municipal corporation
therein.
| 13 | | 2. Every person, firm, public or private corporation, | 14 | | including
hospitals, public service, eleemosynary, religious | 15 | | or charitable
corporations or associations who has any person | 16 | | in service or under any
contract for hire, express or implied, | 17 | | oral or written, and who is
engaged in any of the enterprises | 18 | | or businesses enumerated in Section 3
of this Act, or who at or | 19 | | prior to the time of the accident to the
employee for which | 20 | | compensation under this Act may be claimed, has in
the manner | 21 | | provided in this Act elected to become subject to the
| 22 | | provisions of this Act, and who has not, prior to such | 23 | | accident,
effected a withdrawal of such election in the manner |
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| 1 | | provided in this Act.
| 2 | | 3. Any one engaging in any business or enterprise referred | 3 | | to in
subsections 1 and 2 of Section 3 of this Act who | 4 | | undertakes to do any
work enumerated therein, is liable to pay | 5 | | compensation to his own
immediate employees in accordance with | 6 | | the provisions of this Act, and
in addition thereto if he | 7 | | directly or indirectly engages any contractor
whether | 8 | | principal or sub-contractor to do any such work, he is liable | 9 | | to
pay compensation to the employees of any such contractor or
| 10 | | sub-contractor unless such contractor or sub-contractor has | 11 | | insured, in
any company or association authorized under the | 12 | | laws of this State to
insure the liability to pay compensation | 13 | | under this Act, or guaranteed
his liability to pay such | 14 | | compensation. With respect to any time
limitation on the filing | 15 | | of claims provided by this Act, the timely
filing of a claim | 16 | | against a contractor or subcontractor, as the case may
be, | 17 | | shall be deemed to be a timely filing with respect to all | 18 | | persons
upon whom liability is imposed by this paragraph.
| 19 | | In the event any such person pays compensation under this | 20 | | subsection
he may recover the amount thereof from the | 21 | | contractor or sub-contractor,
if any, and in the event the | 22 | | contractor pays compensation under this
subsection he may | 23 | | recover the amount thereof from the sub-contractor, if any.
| 24 | | This subsection does not apply in any case where the | 25 | | accident occurs
elsewhere than on, in or about the immediate | 26 | | premises on which the
principal has contracted that the work be |
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| 1 | | done.
| 2 | | 4. Where an employer operating under and subject to the | 3 | | provisions
of this Act loans an employee to another such | 4 | | employer and such loaned
employee sustains a compensable | 5 | | accidental injury in the employment of
such borrowing employer | 6 | | and where such borrowing employer does not
provide or pay the | 7 | | benefits or payments due such injured employee, such
loaning | 8 | | employer is liable to provide or pay all benefits or payments
| 9 | | due such employee under this Act and as to such employee the | 10 | | liability
of such loaning and borrowing employers is joint and | 11 | | several, provided
that such loaning employer is in the absence | 12 | | of agreement to the
contrary entitled to receive from such | 13 | | borrowing employer full
reimbursement for all sums paid or | 14 | | incurred pursuant to this paragraph
together with reasonable | 15 | | attorneys' fees and expenses in any hearings
before the | 16 | | Illinois Workers' Compensation Commission or in any action to | 17 | | secure such
reimbursement. Where any benefit is provided or | 18 | | paid by such loaning
employer the employee has the duty of | 19 | | rendering reasonable cooperation
in any hearings, trials or | 20 | | proceedings in the case, including such
proceedings for | 21 | | reimbursement.
| 22 | | Where an employee files an Application for Adjustment of | 23 | | Claim with
the Illinois Workers' Compensation
Commission | 24 | | alleging that his claim is covered by the
provisions of the | 25 | | preceding paragraph, and joining both the alleged
loaning and | 26 | | borrowing employers, they and each of them, upon written
demand |
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| 1 | | by the employee and within 7 days after receipt of such demand,
| 2 | | shall have the duty of filing with the Illinois Workers' | 3 | | Compensation Commission a written
admission or denial of the | 4 | | allegation that the claim is covered by the
provisions of the | 5 | | preceding paragraph and in default of such filing or
if any | 6 | | such denial be ultimately determined not to have been bona fide
| 7 | | then the provisions of Paragraph K of Section 19 of this Act | 8 | | shall apply.
| 9 | | An employer whose business or enterprise or a substantial | 10 | | part
thereof consists of hiring, procuring or furnishing | 11 | | employees to or for
other employers operating under and subject | 12 | | to the provisions of this
Act for the performance of the work | 13 | | of such other employers and who pays
such employees their | 14 | | salary or wages notwithstanding that they are doing
the work of | 15 | | such other employers shall be deemed a loaning employer
within | 16 | | the meaning and provisions of this Section.
| 17 | | (b) The term "employee" as used in this Act means:
| 18 | | 1. Every person in the service of the State, including | 19 | | members of
the General Assembly, members of the Commerce | 20 | | Commission, members of the
Illinois Workers' Compensation | 21 | | Commission, and all persons in the service of the University
of | 22 | | Illinois, county, including deputy sheriffs and assistant | 23 | | state's
attorneys, city, town, township, incorporated village | 24 | | or school
district, body politic, or municipal corporation | 25 | | therein, whether by
election, under appointment or contract of | 26 | | hire, express or implied,
oral or written, including all |
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| 1 | | members of the Illinois National Guard
while on active duty in | 2 | | the service of the State, and all probation
personnel of the | 3 | | Juvenile Court appointed pursuant to Article VI
of the Juvenile | 4 | | Court Act of 1987, and including any official of the
State, any | 5 | | county, city, town, township, incorporated village, school
| 6 | | district, body politic or municipal corporation therein except | 7 | | any duly
appointed member of a police department in any city | 8 | | whose
population exceeds 500,000 according to the last Federal | 9 | | or State
census, and except any member of a fire insurance | 10 | | patrol maintained by a
board of underwriters in this State. A | 11 | | duly appointed member of a fire
department in any city, the | 12 | | population of which exceeds 500,000 according
to the last | 13 | | federal or State census, is an employee under this Act only
| 14 | | with respect to claims brought under paragraph (c) of Section | 15 | | 8.
| 16 | | One employed by a contractor who has contracted with the | 17 | | State, or a
county, city, town, township, incorporated village, | 18 | | school district,
body politic or municipal corporation | 19 | | therein, through its
representatives, is not considered as an | 20 | | employee of the State, county,
city, town, township, | 21 | | incorporated village, school district, body
politic or | 22 | | municipal corporation which made the contract.
| 23 | | 2. Every person in the service of another under any | 24 | | contract of
hire, express or implied, oral or written, | 25 | | including persons whose
employment is outside of the State of | 26 | | Illinois where the contract of
hire is made within the State of |
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| 1 | | Illinois, persons whose employment
results in fatal or | 2 | | non-fatal injuries within the State of Illinois
where the | 3 | | contract of hire is made outside of the State of Illinois, and
| 4 | | persons whose employment is principally localized within the | 5 | | State of
Illinois, regardless of the place of the accident or | 6 | | the place where the
contract of hire was made, and including | 7 | | aliens, and minors who, for the
purpose of this Act are | 8 | | considered the same and have the same power to
contract, | 9 | | receive payments and give quittances therefor, as adult | 10 | | employees.
| 11 | | 3. Every sole proprietor and every partner of a business | 12 | | may elect to
be covered by this Act.
| 13 | | An employee or his dependents under this Act who shall have | 14 | | a cause
of action by reason of any injury, disablement or death | 15 | | arising out of
and in the course of his employment may elect to | 16 | | pursue his remedy in
the State where injured or disabled, or in | 17 | | the State where the contract
of hire is made, or in the State | 18 | | where the employment is principally
localized.
| 19 | | However, any employer may elect to provide and pay | 20 | | compensation to
any employee other than those engaged in the | 21 | | usual course of the trade,
business, profession or occupation | 22 | | of the employer by complying with
Sections 2 and 4 of this Act. | 23 | | Employees are not included within the
provisions of this Act | 24 | | when excluded by the laws of the United States
relating to | 25 | | liability of employers to their employees for personal
injuries | 26 | | where such laws are held to be exclusive.
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| 1 | | The term "employee" does not include persons performing | 2 | | services as real
estate broker, broker-salesman, or salesman | 3 | | when such persons are paid by
commission only.
| 4 | | (c) "Commission" means the Industrial Commission created | 5 | | by Section
5 of "The Civil Administrative Code of Illinois", | 6 | | approved March 7,
1917, as amended, or the Illinois Workers' | 7 | | Compensation Commission created by Section 13 of
this Act.
| 8 | | (d) To obtain compensation under this Act, an employee | 9 | | bears the burden of showing, by a preponderance of the | 10 | | evidence, that he or she has sustained accidental injuries | 11 | | arising out of and in the course of the employment. | 12 | | (e) The term "accident" as used in this Act means an | 13 | | occurrence arising out of the employment, resulting from a risk | 14 | | incidental to the employment, and in the course of the | 15 | | employment at a time and place and under circumstances | 16 | | reasonably required by the employment. | 17 | | (f) The term "injury" as used in this Act means a medical | 18 | | condition or impairment that arises out of and in the course of | 19 | | employment. An injury, its occupational cause, and any | 20 | | resulting manifestations or disability must be established to a | 21 | | reasonable degree of medical certainty, based on objective | 22 | | relevant medical findings, and the accidental compensable | 23 | | injury must be the major contributing cause of any resulting | 24 | | injuries. For the purposes of this Section, "major contributing | 25 | | cause" means the cause which is more than 50% responsible for | 26 | | the injury as compared to all other causes combined for which |
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| 1 | | treatment or benefits are sought. "Injury" includes the | 2 | | aggravation of a pre-existing condition by an accident arising | 3 | | out of and in the course of the employment, but only for so | 4 | | long as the aggravation of the pre-existing condition continues | 5 | | to be the major contributing cause of the disability. | 6 | | (1) An injury is deemed to arise out of and in the | 7 | | course of the employment only if: | 8 | | (A) it is reasonably apparent, upon consideration | 9 | | of all circumstances, that the accident is the major | 10 | | contributing cause of the injury; and | 11 | | (B) it does not come from a hazard or risk | 12 | | unrelated to the employment to which employees would | 13 | | have been equally exposed outside of the employment. | 14 | | (2) An injury resulting directly or indirectly from | 15 | | idiopathic causes is not compensable. | 16 | | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, | 17 | | eff. 7-13-12.)
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