093_HB0805sam001











                                     LRB093 05617 WGH 17363 a

 1                     AMENDMENT TO HOUSE BILL 805

 2        AMENDMENT NO.     .  Amend House Bill  805  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Workers' Compensation Act is amended by
 5    changing Section 6 as follows:

 6        (820 ILCS 305/6) (from Ch. 48, par. 138.6)
 7        Sec. 6.  (a) Every employer within the provisions of this
 8    Act, shall, under the rules and regulations prescribed by the
 9    Commission, post printed notices in their  respective  places
10    of  employment  in  such  number and at such places as may be
11    determined by the  Commission,  containing  such  information
12    relative to this Act as in the judgment of the Commission may
13    be necessary to aid employees to safeguard their rights under
14    this Act in event of injury.
15        In  addition  thereto,  the  employer  shall  post  in  a
16    conspicuous place on the place of the employment a printed or
17    typewritten  notice  stating whether he is insured or whether
18    he has qualified and is operating as a self-insured employer.
19    In the event the employer is insured, the notice shall  state
20    the  name and address of his insurance carrier, the number of
21    the insurance policy, its effective  date  and  the  date  of
22    termination.  In  the  event of the termination of the policy
 
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 1    for any reason prior to  the  termination  date  stated,  the
 2    posted  notice  shall  promptly be corrected accordingly.  In
 3    the  event  the  employer  is  operating  as  a  self-insured
 4    employer the notice shall state the name and address  of  the
 5    company,  if  any, servicing the compensation payments of the
 6    employer, and the name and address of the person in charge of
 7    making compensation payments.
 8        (b)  Every employer subject to this  Act  shall  maintain
 9    accurate records of work-related deaths, injuries and illness
10    other  than minor injuries requiring only first aid treatment
11    and  which  do  not  involve  medical  treatment,   loss   of
12    consciousness,  restriction of work or motion, or transfer to
13    another job and file  with  the  Commission,  in  writing,  a
14    report  of  all  accidental  deaths,  injuries  and illnesses
15    arising out of and in the course of the employment  resulting
16    in  the loss of more than 3 scheduled work days.  In the case
17    of death such report shall be made no later  than  2  working
18    days following the accidental death.  In all other cases such
19    report  shall be made between the 15th and 25th of each month
20    unless required to be made sooner by rule of the  Commission.
21    In case the injury results in permanent disability, a further
22    report  shall  be  made as soon as it is determined that such
23    permanent disability has resulted or  will  result  from  the
24    injury.   All  reports  shall  state  the date of the injury,
25    including the time  of  day  or  night,  the  nature  of  the
26    employer's  business,  the  name, address, age, sex, conjugal
27    condition of the injured person, the specific  occupation  of
28    the  injured  person,  the direct cause of the injury and the
29    nature of the accident, the  character  of  the  injury,  the
30    length  of  disability,  and  in  case of death the length of
31    disability before death, the wages  of  the  injured  person,
32    whether  compensation has been paid to the injured person, or
33    to his or her legal representative or his heirs  or  next  of
34    kin,  the  amount  of  compensation paid, the amount paid for
 
                            -3-      LRB093 05617 WGH 17363 a
 1    physicians', surgeons' and hospital bills, and by whom  paid,
 2    and  the amount paid for funeral or burial expenses if known.
 3    The reports shall be made on  forms  and  in  the  manner  as
 4    prescribed  by  the Commission and shall contain such further
 5    information  as  the  Commission  shall  deem  necessary  and
 6    require.  The making of these reports releases  the  employer
 7    from  making  such  reports to any other officer of the State
 8    and shall satisfy the reporting provisions  as  contained  in
 9    the "Health and Safety Act" and "An Act in relation to safety
10    inspections   and  education  in  industrial  and  commercial
11    establishments and to repeal an Act therein named",  approved
12    July  18,  1955,  as  now  or hereafter amended.  The reports
13    filed with the Commission pursuant to this Section  shall  be
14    made  available by the Commission to the Director of Labor or
15    his representatives and to all other departments of the State
16    of Illinois which shall  require  such  information  for  the
17    proper  discharge  of their official duties.  Failure to file
18    with the Commission any  of  the  reports  required  in  this
19    Section is a petty offense.
20        Except  as  provided in this paragraph, all reports filed
21    hereunder shall be confidential and any person having  access
22    to  such  records  filed  with  the  Industrial Commission as
23    herein required, who shall release  any  information  therein
24    contained  including  the  names  or  otherwise  identify any
25    persons sustaining injuries or disabilities, or  give  access
26    to  such  information  to  any  unauthorized person, shall be
27    subject to discipline or discharge, and in addition shall  be
28    guilty of a Class B misdemeanor. The Commission shall compile
29    and  distribute  to  interested persons aggregate statistics,
30    taken  from  the  reports  filed  hereunder.  The   aggregate
31    statistics  shall  not  give  the names or otherwise identify
32    persons sustaining injuries or disabilities or  the  employer
33    of any injured or disabled person.
34        (c)  Notice  of  the  accident  shall  be  given  to  the
 
                            -4-      LRB093 05617 WGH 17363 a
 1    employer  as  soon as practicable, but not later than 45 days
 2    after the accident. Provided:
 3        (1)  In case of the legal disability of the  employee  or
 4    any  dependent  of a deceased employee who may be entitled to
 5    compensation  under  the  provisions   of   this   Act,   the
 6    limitations  of time by this Act provided do not begin to run
 7    against such person under legal disability until  a  guardian
 8    has been appointed.
 9        (2)  In  cases  of  injuries  sustained  by  exposure  to
10    radiological materials or equipment, notice shall be given to
11    the  employer  within 90 days subsequent to the time that the
12    employee knows or suspects that he has received an  excessive
13    dose of radiation.
14        No  defect or inaccuracy of such notice shall be a bar to
15    the maintenance of proceedings on arbitration or otherwise by
16    the employee unless the employer proves  that  he  is  unduly
17    prejudiced in such proceedings by such defect or inaccuracy.
18        Notice  of  the  accident shall give the approximate date
19    and place of the accident, if known, and may be given  orally
20    or in writing.
21        (d)  Every  employer  shall  notify each injured employee
22    who has been granted compensation  under  the  provisions  of
23    Section  8  of  this  Act  of  his  rights  to rehabilitation
24    services and advise him of the locations of available  public
25    rehabilitation  centers  and any other such services of which
26    the employer has knowledge.
27        In any case, other than one where the injury  was  caused
28    by   exposure  to  radiological  materials  or  equipment  or
29    asbestos unless the application  for  compensation  is  filed
30    with  the  Commission  within  3  years after the date of the
31    accident, where no compensation has been paid,  or  within  2
32    years  after  the  date  of the last payment of compensation,
33    where any has been paid, whichever shall be later, the  right
34    to file such application shall be barred.
 
                            -5-      LRB093 05617 WGH 17363 a
 1        In  any case of injury caused by exposure to radiological
 2    materials or equipment or asbestos,  unless  application  for
 3    compensation  is  filed  with  the Commission within 25 years
 4    after the last day that  the  employee  was  employed  in  an
 5    environment  of  hazardous radiological activity or asbestos,
 6    the right to file such application shall be barred.
 7        If in any case except one where the injury was caused  by
 8    exposure  to radiological materials or equipment or asbestos,
 9    the  accidental  injury  results  in  death  application  for
10    compensation for death  may  be  filed  with  the  Commission
11    within  3 years after the date of death where no compensation
12    has been paid or within 2 years after the date  of  the  last
13    payment  of  compensation  where any has been paid, whichever
14    shall be later, but not thereafter.
15        If  an  accidental   injury   caused   by   exposure   to
16    radiological  material  or  equipment  or asbestos results in
17    death within 25 years after the last day  that  the  employee
18    was  so exposed application for compensation for death may be
19    filed with the Commission within 3 years after  the  date  of
20    death, where no compensation has been paid, or within 2 years
21    after  the date of the last payment of compensation where any
22    has been paid, whichever shall be later, but not thereafter.
23        (e)  Any contract or agreement made by  any  employer  or
24    his  agent  or  attorney  with  any  employee  or  any  other
25    beneficiary  of  any  claim  under the provisions of this Act
26    within 7 days after  the  injury  shall  be  presumed  to  be
27    fraudulent.
28        (f)  Any condition or impairment of health of an employee
29    employed  as  a  firefighter,  emergency  medical  technician
30    (EMT), or paramedic which results directly or indirectly from
31    any  bloodborne  pathogen,  lung  or  respiratory  disease or
32    condition,  heart   or   vascular   disease   or   condition,
33    hypertension,   tuberculosis,  or  cancer  resulting  in  any
34    disability (temporary, permanent, total, or partial)  to  the
 
                            -6-      LRB093 05617 WGH 17363 a
 1    employee  shall  be conclusively presumed to arise out of and
 2    in  the  course  of  the  employee's  firefighting,  EMT,  or
 3    paramedic employment  and,  further,  shall  be  conclusively
 4    presumed to be causally connected to the hazards or exposures
 5    of  the employment.  This presumption shall also apply to any
 6    hernia or hearing loss suffered by an employee employed as  a
 7    firefighter,  EMT,  or  paramedic.  However, this presumption
 8    shall not apply to any employee who has been  employed  as  a
 9    firefighter,  EMT,  or paramedic for less than 5 years at the
10    time the condition or impairment is discovered.
11    (Source: P.A. 84-981.)

12        Section 10.  The Workers' Occupational  Diseases  Act  is
13    amended by changing Section 1 as follows:

14        (820 ILCS 310/1) (from Ch. 48, par. 172.36)
15        Sec.  1.  This Act shall be known and may be cited as the
16    "Workers' Occupational Diseases Act".
17        (a)  The term "employer" as used in  this  Act  shall  be
18    construed to be:
19        1.   The  State  and  each  county, city, town, township,
20    incorporated  village,  school  district,  body  politic,  or
21    municipal corporation therein.
22        2.  Every person, firm, public  or  private  corporation,
23    including  hospitals, public service, eleemosynary, religious
24    or charitable  corporations  or  associations,  who  has  any
25    person  in service or under any contract for hire, express or
26    implied, oral or written.
27        3.  Where an employer operating under and subject to  the
28    provisions  of  this  Act  loans  an employee to another such
29    employer and such  loaned  employee  sustains  a  compensable
30    occupational  disease  in  the  employment  of such borrowing
31    employer and where such borrowing employer does  not  provide
32    or  pay  the  benefits  or  payments  due such employee, such
 
                            -7-      LRB093 05617 WGH 17363 a
 1    loaning employer shall  be  liable  to  provide  or  pay  all
 2    benefits  or payments due such employee under this Act and as
 3    to such employee the liability of such loaning and  borrowing
 4    employers  shall  be  joint  and  several, provided that such
 5    loaning employer shall in the absence  of  agreement  to  the
 6    contrary  be entitled to receive from such borrowing employer
 7    full reimbursement for all sums paid or incurred pursuant  to
 8    this  paragraph  together with reasonable attorneys' fees and
 9    expenses in any hearings before the Industrial Commission  or
10    in  any  action  to  secure  such  reimbursement.   Where any
11    benefit is provided or paid by  such  loaning  employer,  the
12    employee   shall   have  the  duty  of  rendering  reasonable
13    co-operation in any hearings, trials or  proceedings  in  the
14    case, including such proceedings for reimbursement.
15        Where  an employee files an Application for Adjustment of
16    Claim with the Industrial Commission alleging that his or her
17    claim  is  covered  by  the  provisions  of   the   preceding
18    paragraph, and joining both the alleged loaning and borrowing
19    employers,  they and each of them, upon written demand by the
20    employee and within 7 days  after  receipt  of  such  demand,
21    shall  have the duty of filing with the Industrial Commission
22    a written admission or denial  of  the  allegation  that  the
23    claim is covered by the provisions of the preceding paragraph
24    and  in  default  of  such  filing  or  if any such denial be
25    ultimately determined not to have been  bona  fide  then  the
26    provisions  of  Paragraph  K  of Section 19 of this Act shall
27    apply.
28        An employer whose business or enterprise or a substantial
29    part thereof consists  of  hiring,  procuring  or  furnishing
30    employees  to  or  for  other  employers  operating under and
31    subject to the provisions of this Act for the performance  of
32    the  work of such other employers and who pays such employees
33    their salary or wage notwithstanding that they are doing  the
34    work  of  such  other  employers  shall  be  deemed a loaning
 
                            -8-      LRB093 05617 WGH 17363 a
 1    employer within the meaning and provisions of this Section.
 2        (b)  The term "employee" as used in this  Act,  shall  be
 3    construed to mean:
 4        1.  Every  person  in  the  service of the State, county,
 5    city,  town,  township,  incorporated   village   or   school
 6    district,  body  politic  or  municipal  corporation therein,
 7    whether by election, appointment or contract of hire, express
 8    or implied, oral or written, including any  official  of  the
 9    State,  or  of any county, city, town, township, incorporated
10    village,  school  district,   body   politic   or   municipal
11    corporation  therein  and except any duly appointed member of
12    the fire department in  any  city  whose  population  exceeds
13    500,000  according  to  the last Federal or State census, and
14    except any member of a fire insurance patrol maintained by  a
15    board  of  underwriters  in  this  State.  One  employed by a
16    contractor who has contracted with the State,  or  a  county,
17    city,  town, township, incorporated village, school district,
18    body politic or municipal corporation  therein,  through  its
19    representatives,  shall  not  be considered as an employee of
20    the  State,  county,  city,  town,   township,   incorporated
21    village,   school   district,   body   politic  or  municipal
22    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, who
25    contracts an occupational disease while working in the  State
26    of  Illinois,  or who contracts an occupational disease while
27    working outside of  the  State  of  Illinois  but  where  the
28    contract  of  hire  is made within the State of Illinois, and
29    any person whose employment is principally  localized  within
30    the  State  of  Illinois,  regardless  of the place where the
31    disease was contracted or place where the  contract  of  hire
32    was  made,  including aliens, and minors who, for the purpose
33    of this Act, except Section 3 hereof, shall be considered the
34    same and have the same power to  contract,  receive  payments
 
                            -9-      LRB093 05617 WGH 17363 a
 1    and give quittances therefor, as adult employees. An employee
 2    or  his  or  her  dependents  under this Act who shall have a
 3    cause  of  action  by  reason  of  an  occupational  disease,
 4    disablement or death arising out of and in the course of  his
 5    or  her  employment  may elect or pursue his or her remedy in
 6    the State where the disease was contracted, or in  the  State
 7    where the contract of hire is made, or in the State where the
 8    employment is principally localized.
 9        (c)  "Commission" means the Industrial Commission created
10    by  the  Workers' Compensation Act, approved July 9, 1951, as
11    amended.
12        (d)  In this Act the term "Occupational Disease" means  a
13    disease arising out of and in the course of the employment or
14    which  has  become  aggravated  and  rendered  disabling as a
15    result of the exposure of the employment.   Such  aggravation
16    shall  arise  out  of  a risk peculiar to or increased by the
17    employment and not common to the general public.
18        A disease shall be deemed to arise out of the  employment
19    if there is apparent to the rational mind, upon consideration
20    of  all  the  circumstances,  a causal connection between the
21    conditions  under  which  the  work  is  performed  and   the
22    occupational  disease.  The  disease  need  not  to have been
23    foreseen or expected but after its contraction it must appear
24    to have had its origin or aggravation  in  a  risk  connected
25    with  the employment and to have flowed from that source as a
26    rational consequence.
27        An employee shall be conclusively  deemed  to  have  been
28    exposed  to  the hazards of an occupational disease when, for
29    any length of time however short, he or she is employed in an
30    occupation or process in which  the  hazard  of  the  disease
31    exists;  provided  however,  that  in  a claim of exposure to
32    atomic radiation, the fact of such exposure must be  verified
33    by  the records of the central registry of radiation exposure
34    maintained by the Department of  Public  Health  or  by  some
 
                            -10-     LRB093 05617 WGH 17363 a
 1    other  recognized  governmental agency maintaining records of
 2    such exposures whenever and to the extent  that  the  records
 3    are  on  file  with  the  Department  of Public Health or the
 4    agency.
 5        The employer liable for  the  compensation  in  this  Act
 6    provided  shall  be  the  employer  in  whose  employment the
 7    employee was last exposed to the hazard of  the  occupational
 8    disease claimed upon regardless of the length of time of such
 9    last  exposure,  except, in cases of silicosis or asbestosis,
10    the only employer liable shall be the last employer in  whose
11    employment  the  employee was last exposed during a period of
12    60 days or more after the effective date of this Act, to  the
13    hazard  of  such occupational disease, and, in such cases, an
14    exposure during a period of less  than  60  days,  after  the
15    effective  date  of  this  Act,  shall  not  be deemed a last
16    exposure.  If a miner  who  is  suffering  or  suffered  from
17    pneumoconiosis  was  employed  for 10 years or more in one or
18    more coal mines there shall, effective  July  1,  1973  be  a
19    rebuttable  presumption  that his or her pneumoconiosis arose
20    out of such employment.
21        If a deceased miner was employed for 10 years or more  in
22    one  or  more  coal  mines and died from a respirable disease
23    there  shall,  effective  July  1,  1973,  be  a   rebuttable
24    presumption that his or her death was due to pneumoconiosis.
25        Any  condition  or  impairment  of  health of an employee
26    employed  as  a  firefighter,  emergency  medical  technician
27    (EMT), or paramedic which results directly or indirectly from
28    any bloodborne  pathogen,  lung  or  respiratory  disease  or
29    condition,   heart   or   vascular   disease   or  condition,
30    hypertension,  tuberculosis,  or  cancer  resulting  in   any
31    disability  (temporary,  permanent, total, or partial) to the
32    employee shall be conclusively presumed to arise out  of  and
33    in  the  course  of  the  employee's  firefighting,  EMT,  or
34    paramedic  employment  and,  further,  shall  be conclusively
 
                            -11-     LRB093 05617 WGH 17363 a
 1    presumed to be causally connected to the hazards or exposures
 2    of the employment.  This presumption shall also apply to  any
 3    hernia  or hearing loss suffered by an employee employed as a
 4    firefighter, EMT, or paramedic.   However,  this  presumption
 5    shall  not  apply  to any employee who has been employed as a
 6    firefighter, EMT, or paramedic for less than 5 years  at  the
 7    time the condition or impairment is discovered.
 8        The  insurance  carrier liable shall be the carrier whose
 9    policy was in effect covering the employer liable on the last
10    day  of  the  exposure  rendering  such  employer  liable  in
11    accordance with the provisions of this Act.
12        (e)  "Disablement"  means  an   impairment   or   partial
13    impairment,  temporary  or  permanent, in the function of the
14    body or any of the members of  the  body,  or  the  event  of
15    becoming  disabled  from  earning  full  wages at the work in
16    which the employee was  engaged  when  last  exposed  to  the
17    hazards of the occupational disease by the employer from whom
18    he  or  she  claims  compensation,  or  equal  wages in other
19    suitable employment; and  "disability"  means  the  state  of
20    being so incapacitated.
21        (f)  No  compensation  shall be payable for or on account
22    of any occupational disease  unless  disablement,  as  herein
23    defined,  occurs  within  two years after the last day of the
24    last exposure to the hazards of the disease, except in  cases
25    of  occupational  disease  caused  by  berylliosis  or by the
26    inhalation of silica dust  or  asbestos  dust  and,  in  such
27    cases, within 3 years after the last day of the last exposure
28    to  the  hazards  of  such  disease and except in the case of
29    occupational  disease  caused  by  exposure  to  radiological
30    materials or equipment, and in such  case,  within  25  years
31    after  the  last  day of last exposure to the hazards of such
32    disease.
33    (Source: P.A. 81-992.)".