HB0805sam003 93RD GENERAL ASSEMBLY

Sen. Terry Link

Filed: 7/9/2004

09300HB0805sam003 LRB093 05617 WGH 52573 a

AMENDMENT TO HOUSE BILL 805

AMENDMENT NO. ______. Amend House Bill 805, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 42, by replacing line 30 with the following:

"extra hourly pay for overtime above the normal hourly wage , and bonus, divided by 52; but if the injured employee"; and

on page 61, by replacing lines 3 through 25 with the following:

"(l) If the employee has made written demand for payment of benefits under Section 8(a) or 8(b), the employer shall have 14 days after receipt of the demand to set forth, in writing, the reason for the delay. In case the employer or his insurance carrier shall without good and just cause fail, neglect, refuse or unreasonably delay the payment of benefits under Section 8(a) or 8(b), weekly compensation benefits due to an injured employee during the period of temporary total disability the arbitrator or the Commission shall allow to the employee additional compensation in the sum of $30 $10 per day for each day that benefits under Section 8(a) or 8(b) have a weekly compensation payment has been so withheld or refused, not to exceed $16,425, as well as the costs of litigation provided that such additional compensation shall not exceed the sum of $2,500. A delay in payment of 14 days or more shall create a rebuttable presumption of unreasonable delay."; and

by replacing lines 31 through 34 on page 87 and lines 1 through 11 on page 87 with the following:

"(k-1) If the employee has made written demand for payment of benefits under Section 8(a) or 8(b) of the Workers' Compensation Act, the employer shall have 14 days after receipt of the demand to set forth, in writing, the reason for the delay. In case the employer or the employer's insurance carrier shall without good and just cause fail, neglect, refuse, or unreasonably delay the payment of benefits under Section 8(a) or 8(b) of the Workers' Compensation Act, the arbitrator or the Commission shall allow to the employee additional compensation in the sum of $30 per day for each day that benefits under Section 8(a) or 8(b) of the Workers' Compensation Act have been so withheld or refused, not to exceed $16,425, as well as the costs of litigation. A delay in payment of 14 days or more shall create a rebuttable presumption of unreasonable delay.".