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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by |
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| changing
Section 6 as follows:
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| (820 ILCS 305/6) (from Ch. 48, par. 138.6)
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| Sec. 6. (a) Every employer within the provisions of this |
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| Act, shall,
under the rules and regulations prescribed by the |
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| Commission, post
printed notices in their respective places of |
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| employment in such number
and at such places as may be |
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| determined by the Commission, containing
such information |
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| relative to this Act as in the judgment of the
Commission may |
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| be necessary to aid employees to safeguard their rights
under |
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| this Act in event of injury.
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| In addition thereto, the employer shall post in a |
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| conspicuous place
on the place of the employment a printed or |
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| typewritten notice stating
whether he is insured or whether he |
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| has qualified and is operating as a
self-insured employer. In |
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| the event the employer is insured, the notice
shall state the |
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| name and address of his insurance carrier, the number of
the |
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| insurance policy, its effective date and the date of |
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| termination. In
the event of the termination of the policy for |
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| any reason prior to the
termination date stated, the posted |
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| notice shall promptly be corrected
accordingly. In the event |
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| the employer is operating as a self-insured
employer the notice |
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| shall state the name and address of the company, if
any, |
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| servicing the compensation payments of the employer, and the |
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| name
and address of the person in charge of making compensation |
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| payments.
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| (b) Every employer subject to this Act shall maintain |
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| accurate
records of work-related deaths, injuries and illness |
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| other than minor
injuries requiring only first aid treatment |
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| and which do not involve
medical treatment, loss of |
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| consciousness, restriction of work or motion,
or transfer to |
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| another job and file with the Commission, in writing, a
report |
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| of all accidental deaths, injuries and illnesses arising out of
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| and in the course of the employment resulting in the loss of |
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| more than
3 scheduled work days. In the case of death such |
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| report shall be
made no later than 2 working days following the |
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| accidental death. In
all other cases such report shall be made |
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| between the 15th and 25th of
each month unless required to be |
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| made sooner by rule of the Commission.
In case the injury |
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| results in permanent disability, a further report
shall be made |
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| as soon as it is determined that such permanent disability
has |
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| resulted or will result from the injury. All reports shall |
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| state
the date of the injury, including the time of day or |
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| night, the nature
of the employer's business, the name, |
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| address, age, sex, conjugal
condition of the injured person, |
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| the specific occupation of the injured
person, the direct cause |
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LRB095 07182 WGH 27314 b |
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| of the injury and the nature of the accident,
the character of |
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| the injury, the length of disability, and in case of
death the |
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| length of disability before death, the wages of the injured
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| person, whether compensation has been paid to the injured |
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| person, or to
his or her legal representative or his heirs or |
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| next of kin, the amount of
compensation paid, the amount paid |
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| for physicians', surgeons' and
hospital bills, and by whom |
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| paid, and the amount paid for funeral or
burial expenses if |
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| known. The reports shall be made on forms and in the
manner as |
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| prescribed by the Commission and shall contain such further
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| information as the Commission shall deem necessary and require. |
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| The
making of these reports releases the employer from making |
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| such reports
to any other officer of the State and shall |
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| satisfy the reporting
provisions as contained in the "Health |
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| and Safety Act" and "An Act in
relation to safety inspections |
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| and education in industrial and
commercial establishments and |
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| to repeal an Act therein named", approved
July 18, 1955, as now |
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| or hereafter amended. The reports filed with the
Commission |
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| pursuant to this Section shall be made available by the
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| Commission to the Director of Labor or his representatives and |
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| to all
other departments of the State of Illinois which shall |
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| require such
information for the proper discharge of their |
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| official duties. Failure
to file with the Commission any of the |
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| reports required in this Section
is a petty offense.
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| Except as provided in this paragraph, all reports filed |
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| hereunder shall
be confidential and any person
having access to |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| such records filed with the Illinois Workers' Compensation |
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| Commission as
herein required, who shall release any |
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| information therein contained
including the names or otherwise |
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| identify any persons sustaining
injuries or disabilities, or |
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| give access to such information to any
unauthorized person, |
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| shall be subject to discipline or discharge, and in
addition |
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| shall be guilty of a Class B misdemeanor. The Commission shall
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| compile and distribute to interested persons aggregate |
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| statistics, taken
from the reports filed hereunder. The |
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| aggregate statistics shall not give
the names or otherwise |
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| identify persons sustaining injuries or disabilities
or the |
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| employer of any injured or disabled person.
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| (c) Notice of the accident shall be given to the employer |
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| as soon as
practicable, but not later than 45 days after the |
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| accident. Provided:
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| (1) In case of the legal disability of the employee
or any |
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| dependent of a
deceased employee who may be entitled to |
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| compensation under the
provisions of this Act, the limitations |
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| of time by this Act provided do
not begin to run against such |
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| person under legal disability
until a
guardian has been |
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| appointed.
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| (2) In cases of injuries sustained by exposure to |
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| radiological
materials or equipment, notice shall be given to |
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| the employer within 90
days subsequent to the time that the |
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| employee knows or suspects that he
has received an excessive |
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| dose of radiation.
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| No defect or inaccuracy of such notice shall be a bar to |
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| the
maintenance of proceedings on arbitration or otherwise by |
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| the employee
unless the employer proves that he is unduly |
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| prejudiced in such
proceedings by such defect or inaccuracy.
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| Notice of the accident shall give the approximate date and |
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| place of
the accident, if known, and may be given orally or in |
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| writing.
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| (d) Every employer shall notify each injured employee who |
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| has been
granted compensation under the provisions of Section 8 |
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| of this Act
of his rights to rehabilitation services and advise |
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| him of the locations
of available public rehabilitation centers |
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| and any other such services
of which the employer has |
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| knowledge.
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| In any case, other than one where the injury was caused by |
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| exposure
to radiological materials or equipment or asbestos |
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| unless the application for
compensation is filed with the |
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| Commission within 3 years after the date
of the accident, where |
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| no compensation has been paid, or within 2 years
after the date |
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| of the last payment of compensation, where any has been
paid, |
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| whichever shall be later, the right to file such application |
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| shall
be barred.
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| In any case of injury caused by exposure to radiological |
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| materials or
equipment or asbestos, unless application for |
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| compensation is filed with the
Commission within 25 years after |
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| the last day that the employee was
employed in an environment |
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| of hazardous radiological activity or asbestos,
the right to |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| file such application shall be barred.
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| If in any case except one where the injury was caused by |
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| exposure to
radiological materials or equipment or asbestos, |
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| the accidental injury
results in death application for |
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| compensation for death may be filed with the
Commission within |
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| 3 years after the date of death where no compensation
has been |
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| paid or within 2 years after the date of the last payment of
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| compensation where any has been paid, whichever shall be later, |
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| but not
thereafter.
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| If an accidental injury caused by exposure to radiological |
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| material
or equipment or asbestos results in death within 25 |
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| years after the last
day that the employee was so exposed |
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| application for compensation for death may
be filed with the |
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| Commission within 3 years after the date of death,
where no |
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| compensation has been paid, or within 2 years after the date of
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| the last payment of compensation where any has been paid, |
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| whichever
shall be later, but not thereafter.
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| (e) Any contract or agreement made by any employer or his |
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| agent or
attorney with any employee or any other beneficiary of |
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| any claim under
the provisions of this Act within 7 days after |
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| the injury shall be
presumed to be fraudulent.
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| (f) Any condition or impairment of health of an employee |
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| employed as a
firefighter, emergency medical technician (EMT), |
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| or paramedic which results
directly or indirectly from any |
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| bloodborne pathogen, lung or respiratory
disease
or condition, |
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| heart
or vascular disease or condition, hypertension, |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| tuberculosis, or cancer
resulting in any disability |
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| (temporary, permanent, total, or partial) to the
employee shall |
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| be rebuttably presumed to arise out of and in the course of
the |
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| employee's firefighting, EMT, or paramedic employment and, |
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| further, shall
be
rebuttably presumed to be causally connected |
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| to the hazards or exposures of
the employment. This presumption |
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| shall also apply to any hernia or hearing
loss suffered by an |
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| employee employed as a firefighter, EMT, or paramedic.
However, |
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| this presumption shall not apply to any employee who has been |
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| employed
as a firefighter, EMT, or paramedic for less than 5 |
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| years at the time he or she files an Application for Adjustment |
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| of Claim concerning this condition or impairment with the |
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| Illinois Workers' Compensation Commission. The Finding and |
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| Decision of the Illinois Workers' Compensation Commission |
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| under only the rebuttable presumption provision of this |
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| subsection shall not be admissible or be deemed res judicata in |
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| any disability claim under the Illinois Pension Code arising |
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| out of the same medical condition; however, this sentence makes |
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| no change to the law set forth in Krohe v. City of Bloomington, |
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| 204 Ill.2d 392.
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| (Source: P.A. 93-721, eff. 1-1-05.)
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| Section 10. The Workers' Occupational Diseases Act is |
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| amended by changing
Section 1 as follows:
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| (820 ILCS 310/1) (from Ch. 48, par. 172.36)
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| Sec. 1. This Act shall be known and may be cited as the |
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| "Workers'
Occupational Diseases Act".
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| (a) The term "employer" as used in this Act shall be |
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| construed to
be:
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| 1. The State and each county, city, town, township, |
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| incorporated
village, school district, body politic, or |
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| municipal corporation
therein.
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| 2. Every person, firm, public or private corporation, |
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| including
hospitals, public service, eleemosynary, |
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| religious or charitable
corporations or associations, who |
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| has any person in service or under any
contract for hire, |
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| express or implied, oral or written.
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| 3. Where an employer operating under and subject to the |
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| provisions
of this Act loans an employee to another such |
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| employer and such loaned
employee sustains a compensable |
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| occupational disease in the employment
of such borrowing |
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| employer and where such borrowing employer does not
provide |
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| or pay the benefits or payments due such employee, such |
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| loaning
employer shall be liable to provide or pay all |
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| benefits or payments due
such employee under this Act and |
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| as to such employee the liability of
such loaning and |
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| borrowing employers shall be joint and several,
provided |
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| that such loaning employer shall in the absence of |
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| agreement to
the contrary be entitled to receive from such |
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| borrowing employer full
reimbursement for all sums paid or |
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| incurred pursuant to this paragraph
together with |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| reasonable attorneys' fees and expenses in any hearings
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| before the Illinois Workers' Compensation Commission or in |
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| any action to secure such
reimbursement. Where any benefit |
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| is provided or paid by such loaning
employer, the employee |
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| shall have the duty of rendering reasonable
co-operation in |
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| any hearings, trials or proceedings in the case,
including |
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| such proceedings for reimbursement.
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| Where an employee files an Application for Adjustment |
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| of Claim with
the Illinois Workers' Compensation |
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| Commission alleging that his or her claim is covered by
the |
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| provisions of the preceding paragraph, and joining both the |
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| alleged
loaning and borrowing employers, they and each of |
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| them, upon written
demand by the employee and within 7 days |
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| after receipt of such demand,
shall have the duty of filing |
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| with the Illinois Workers' Compensation Commission a |
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| written
admission or denial of the allegation that the |
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| claim is covered by the
provisions of the preceding |
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| paragraph and in default of such filing or
if any such |
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| denial be ultimately determined not to have been bona fide
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| then the provisions of Paragraph K of Section 19 of this |
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| Act shall
apply.
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| An employer whose business or enterprise or a |
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| substantial part
thereof consists of hiring, procuring or |
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| furnishing employees to or for
other employers operating |
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| under and subject to the provisions of this
Act for the |
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| performance of the work of such other employers and who |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| pays
such employees their salary or wage notwithstanding |
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| that they are doing
the work of such other employers shall |
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| be deemed a loaning employer
within the meaning and |
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| provisions of this Section.
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| (b) The term "employee" as used in this Act, shall be |
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| construed to
mean:
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| 1. Every person in the service of the State, county, |
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| city, town,
township, incorporated village or school |
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| district, body politic or
municipal corporation therein, |
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| whether by election, appointment or
contract of hire, |
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| express or implied, oral or written, including any
official |
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| of the State, or of any county, city, town, township,
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| incorporated village, school district, body politic or |
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| municipal
corporation therein and except any duly |
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| appointed member of the fire
department in any city whose |
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| population exceeds 500,000 according to the
last Federal or |
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| State census, and except any member of a fire insurance
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| patrol maintained by a board of underwriters in this State. |
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| One employed
by a contractor who has contracted with the |
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| State, or a county, city,
town, township, incorporated |
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| village, school district, body politic or
municipal |
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| corporation therein, through its representatives, shall |
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| not be
considered as an employee of the State, county, |
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| city, town, township,
incorporated village, school |
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| district, body politic or municipal
corporation which made |
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| the contract.
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| 2. Every person in the service of another under any |
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| contract of
hire, express or implied, oral or written, who |
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| contracts an occupational
disease while working in the |
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| State of Illinois, or who contracts an
occupational disease |
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| while working outside of the State of Illinois but
where |
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| the contract of hire is made within the State of Illinois, |
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| and any
person whose employment is principally localized |
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| within the State of
Illinois, regardless of the place where |
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| the disease was contracted or
place where the contract of |
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| hire was made, including aliens, and minors
who, for the |
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| purpose of this Act, except Section 3 hereof, shall be
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| considered the same and have the same power to contract, |
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| receive
payments and give quittances therefor, as adult |
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| employees. An employee
or his or her dependents under this |
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| Act who shall have a cause of action
by reason of an |
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| occupational disease, disablement or death arising out
of |
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| and in the course of his or her employment may elect or |
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| pursue
his or her remedy in the State where the disease was |
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| contracted, or in the
State where the contract of hire is |
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| made, or in the State where the
employment is principally |
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| localized.
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| (c) "Commission" means the Illinois Workers' Compensation |
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| Commission created by the
Workers' Compensation Act, approved |
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| July 9, 1951, as amended.
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| (d) In this Act the term "Occupational Disease" means a |
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| disease
arising out of and in the course of the employment or |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| which has become
aggravated and rendered disabling as a result |
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| of the exposure of the
employment. Such aggravation shall arise |
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| out of a risk peculiar to or
increased by the employment and |
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| not common to the general public.
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| A disease shall be deemed to arise out of the employment if |
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| there is
apparent to the rational mind, upon consideration of |
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| all the
circumstances, a causal connection between the |
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| conditions under which
the work is performed and the |
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| occupational disease. The disease need not
to have been |
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| foreseen or expected but after its contraction it must
appear |
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| to have had its origin or aggravation in a risk connected with
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| the employment and to have flowed from that source as a |
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| rational
consequence.
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| An employee shall be conclusively deemed to have been |
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| exposed to the
hazards of an occupational disease when, for any |
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| length of time however
short, he or she is employed in an |
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| occupation or process in which the
hazard of the disease |
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| exists; provided however, that in a claim of
exposure to atomic |
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| radiation, the fact of such exposure must be verified
by the |
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| records of the central registry of radiation exposure |
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| maintained
by the Department of Public Health or by some other |
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| recognized
governmental agency maintaining records of such |
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| exposures whenever and
to the extent that the records are on |
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| file with the Department of Public
Health or the agency. |
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| Any injury to or disease or death of an employee arising |
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| from the administration of a vaccine, including without |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| limitation smallpox vaccine, to prepare for, or as a response |
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| to, a threatened or potential bioterrorist incident to the |
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| employee as part of a voluntary inoculation program in |
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| connection with the person's employment or in connection with |
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| any governmental program or recommendation for the inoculation |
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| of workers in the employee's occupation, geographical area, or |
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| other category that includes the employee is deemed to arise |
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| out of and in the course of the employment for all purposes |
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| under this Act. This paragraph added by Public Act 93-829
this |
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| amendatory Act of the 93rd General Assembly is declarative of |
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| existing law and is not a new enactment.
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| The employer liable for the compensation in this Act |
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| provided shall
be the employer in whose employment the employee |
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| was last exposed to the
hazard of the occupational disease |
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| claimed upon regardless of the length
of time of such last |
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| exposure, except, in cases of silicosis or
asbestosis, the only |
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| employer liable shall be the last employer in whose
employment |
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| the employee was last exposed during a period of 60 days or
|
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| more after the effective date of this Act, to the hazard of |
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| such
occupational disease, and, in such cases, an exposure |
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| during a period of
less than 60 days, after the effective date |
22 |
| of this Act, shall not be
deemed a last exposure. If a miner |
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| who is suffering or suffered from
pneumoconiosis was employed |
24 |
| for 10 years or more in one or more coal
mines there shall, |
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| effective July 1, 1973 be a rebuttable presumption
that his or |
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| her pneumoconiosis arose out of such employment.
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| If a deceased miner was employed for 10 years or more in |
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| one or more
coal mines and died from a respirable disease there |
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| shall, effective
July 1, 1973, be a rebuttable presumption that |
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| his or her death was due
to pneumoconiosis.
|
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| Any condition or impairment of health of an employee |
6 |
| employed as a
firefighter, emergency medical technician (EMT), |
7 |
| or paramedic which results
directly or indirectly from any |
8 |
| bloodborne pathogen, lung or respiratory
disease
or
condition, |
9 |
| heart
or vascular disease or condition, hypertension, |
10 |
| tuberculosis, or cancer
resulting
in any disability |
11 |
| (temporary, permanent, total, or partial) to the employee
shall |
12 |
| be rebuttably presumed to arise out of and in the course of the
|
13 |
| employee's firefighting, EMT, or paramedic employment and, |
14 |
| further, shall be
rebuttably presumed to be causally connected |
15 |
| to the hazards or exposures of
the employment. This presumption |
16 |
| shall also apply to any hernia or hearing
loss suffered by an |
17 |
| employee employed as a firefighter, EMT, or paramedic.
However, |
18 |
| this presumption shall not apply to any employee who has been |
19 |
| employed
as a firefighter, EMT, or paramedic for less than 5 |
20 |
| years at the time he or she files an Application for Adjustment |
21 |
| of Claim concerning this condition or impairment with the |
22 |
| Illinois Workers' Compensation Commission. The Finding and |
23 |
| Decision of the Illinois Workers' Compensation Commission |
24 |
| under only the rebuttable presumption provision of this |
25 |
| paragraph shall not be admissible or be deemed res judicata in |
26 |
| any disability claim under the Illinois Pension Code arising |
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HB0928 Enrolled |
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LRB095 07182 WGH 27314 b |
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| out of the same medical condition; however, this sentence makes |
2 |
| no change to the law set forth in Krohe v. City of Bloomington, |
3 |
| 204 Ill.2d 392.
|
4 |
| The insurance carrier liable shall be the carrier whose |
5 |
| policy was in
effect covering the employer liable on the last |
6 |
| day of the exposure
rendering such employer liable in |
7 |
| accordance with the provisions of this
Act.
|
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| (e) "Disablement" means an impairment or partial |
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| impairment,
temporary or permanent, in the function of the body |
10 |
| or any of the
members of the body, or the event of becoming |
11 |
| disabled from earning full
wages at the work in which the |
12 |
| employee was engaged when last exposed to
the hazards of the |
13 |
| occupational disease by the employer from whom he or
she claims |
14 |
| compensation, or equal wages in other suitable employment;
and |
15 |
| "disability" means the state of being so incapacitated.
|
16 |
| (f) No compensation shall be payable for or on account of |
17 |
| any
occupational disease unless disablement, as herein |
18 |
| defined, occurs
within two years after the last day of the last |
19 |
| exposure to the hazards
of the disease, except in cases of |
20 |
| occupational disease caused by
berylliosis or by the inhalation |
21 |
| of silica dust or asbestos dust and, in
such cases, within 3 |
22 |
| years after the last day of the last exposure to
the hazards of |
23 |
| such disease and except in the case of occupational
disease |
24 |
| caused by exposure to radiological materials or equipment, and
|
25 |
| in such case, within 25 years after the last day of last |
26 |
| exposure to the
hazards of such disease.
|