Full Text of HB0928 95th General Assembly
HB0928enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by | 5 |
| 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 | 8 |
| Act, shall,
under the rules and regulations prescribed by the | 9 |
| Commission, post
printed notices in their respective places of | 10 |
| 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.
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| 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 he | 18 |
| has qualified and is operating as a
self-insured employer. In | 19 |
| the event the employer is insured, the notice
shall state the | 20 |
| name and address of his insurance carrier, the number of
the | 21 |
| insurance policy, its effective date and the date of | 22 |
| termination. In
the event of the termination of the policy for | 23 |
| any reason prior to the
termination date stated, the posted |
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| notice shall promptly be corrected
accordingly. In the event | 2 |
| the employer is operating as a self-insured
employer the notice | 3 |
| shall state the name and address of the company, if
any, | 4 |
| servicing the compensation payments of the employer, and the | 5 |
| name
and address of the person in charge of making compensation | 6 |
| payments.
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| (b) Every employer subject to this Act shall maintain | 8 |
| accurate
records of work-related deaths, injuries and illness | 9 |
| other than minor
injuries requiring only first aid treatment | 10 |
| and which do not involve
medical treatment, loss of | 11 |
| consciousness, restriction of work or motion,
or transfer to | 12 |
| another job and file with the Commission, in writing, a
report | 13 |
| 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 | 15 |
| more than
3 scheduled work days. In the case of death such | 16 |
| report shall be
made no later than 2 working days following the | 17 |
| accidental death. In
all other cases such report shall be made | 18 |
| between the 15th and 25th of
each month unless required to be | 19 |
| made sooner by rule of the Commission.
In case the injury | 20 |
| results in permanent disability, a further report
shall be made | 21 |
| as soon as it is determined that such permanent disability
has | 22 |
| resulted or will result from the injury. All reports shall | 23 |
| state
the date of the injury, including the time of day or | 24 |
| night, the nature
of the employer's business, the name, | 25 |
| address, age, sex, conjugal
condition of the injured person, | 26 |
| the specific occupation of the injured
person, the direct cause |
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| of the injury and the nature of the accident,
the character of | 2 |
| the injury, the length of disability, and in case of
death the | 3 |
| length of disability before death, the wages of the injured
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| person, whether compensation has been paid to the injured | 5 |
| person, or to
his or her legal representative or his heirs or | 6 |
| next of kin, the amount of
compensation paid, the amount paid | 7 |
| for physicians', surgeons' and
hospital bills, and by whom | 8 |
| paid, and the amount paid for funeral or
burial expenses if | 9 |
| known. The reports shall be made on forms and in the
manner as | 10 |
| prescribed by the Commission and shall contain such further
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| information as the Commission shall deem necessary and require. | 12 |
| The
making of these reports releases the employer from making | 13 |
| such reports
to any other officer of the State and shall | 14 |
| satisfy the reporting
provisions as contained in the "Health | 15 |
| and Safety Act" and "An Act in
relation to safety inspections | 16 |
| and education in industrial and
commercial establishments and | 17 |
| to repeal an Act therein named", approved
July 18, 1955, as now | 18 |
| or hereafter amended. The reports filed with the
Commission | 19 |
| pursuant to this Section shall be made available by the
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| Commission to the Director of Labor or his representatives and | 21 |
| to all
other departments of the State of Illinois which shall | 22 |
| require such
information for the proper discharge of their | 23 |
| official duties. Failure
to file with the Commission any of the | 24 |
| reports required in this Section
is a petty offense.
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| Except as provided in this paragraph, all reports filed | 26 |
| hereunder shall
be confidential and any person
having access to |
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| such records filed with the Illinois Workers' Compensation | 2 |
| Commission as
herein required, who shall release any | 3 |
| information therein contained
including the names or otherwise | 4 |
| identify any persons sustaining
injuries or disabilities, or | 5 |
| give access to such information to any
unauthorized person, | 6 |
| shall be subject to discipline or discharge, and in
addition | 7 |
| shall be guilty of a Class B misdemeanor. The Commission shall
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| compile and distribute to interested persons aggregate | 9 |
| statistics, taken
from the reports filed hereunder. The | 10 |
| aggregate statistics shall not give
the names or otherwise | 11 |
| identify persons sustaining injuries or disabilities
or the | 12 |
| employer of any injured or disabled person.
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| (c) Notice of the accident shall be given to the employer | 14 |
| as soon as
practicable, but not later than 45 days after the | 15 |
| accident. Provided:
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| (1) In case of the legal disability of the employee
or any | 17 |
| dependent of a
deceased employee who may be entitled to | 18 |
| compensation under the
provisions of this Act, the limitations | 19 |
| of time by this Act provided do
not begin to run against such | 20 |
| person under legal disability
until a
guardian has been | 21 |
| appointed.
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| (2) In cases of injuries sustained by exposure to | 23 |
| radiological
materials or equipment, notice shall be given to | 24 |
| the employer within 90
days subsequent to the time that the | 25 |
| employee knows or suspects that he
has received an excessive | 26 |
| dose of radiation.
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| No defect or inaccuracy of such notice shall be a bar to | 2 |
| the
maintenance of proceedings on arbitration or otherwise by | 3 |
| the employee
unless the employer proves that he is unduly | 4 |
| prejudiced in such
proceedings by such defect or inaccuracy.
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| Notice of the accident shall give the approximate date and | 6 |
| place of
the accident, if known, and may be given orally or in | 7 |
| writing.
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| (d) Every employer shall notify each injured employee who | 9 |
| has been
granted compensation under the provisions of Section 8 | 10 |
| of this Act
of his rights to rehabilitation services and advise | 11 |
| him of the locations
of available public rehabilitation centers | 12 |
| and any other such services
of which the employer has | 13 |
| knowledge.
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| In any case, other than one where the injury was caused by | 15 |
| exposure
to radiological materials or equipment or asbestos | 16 |
| unless the application for
compensation is filed with the | 17 |
| Commission within 3 years after the date
of the accident, where | 18 |
| no compensation has been paid, or within 2 years
after the date | 19 |
| of the last payment of compensation, where any has been
paid, | 20 |
| whichever shall be later, the right to file such application | 21 |
| shall
be barred.
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| In any case of injury caused by exposure to radiological | 23 |
| materials or
equipment or asbestos, unless application for | 24 |
| compensation is filed with the
Commission within 25 years after | 25 |
| the last day that the employee was
employed in an environment | 26 |
| of hazardous radiological activity or asbestos,
the right to |
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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 | 3 |
| exposure to
radiological materials or equipment or asbestos, | 4 |
| the accidental injury
results in death application for | 5 |
| compensation for death may be filed with the
Commission within | 6 |
| 3 years after the date of death where no compensation
has been | 7 |
| 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, | 9 |
| but not
thereafter.
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| If an accidental injury caused by exposure to radiological | 11 |
| material
or equipment or asbestos results in death within 25 | 12 |
| years after the last
day that the employee was so exposed | 13 |
| application for compensation for death may
be filed with the | 14 |
| Commission within 3 years after the date of death,
where no | 15 |
| 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, | 17 |
| whichever
shall be later, but not thereafter.
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| (e) Any contract or agreement made by any employer or his | 19 |
| agent or
attorney with any employee or any other beneficiary of | 20 |
| any claim under
the provisions of this Act within 7 days after | 21 |
| the injury shall be
presumed to be fraudulent.
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| (f) Any condition or impairment of health of an employee | 23 |
| employed as a
firefighter, emergency medical technician (EMT), | 24 |
| or paramedic which results
directly or indirectly from any | 25 |
| bloodborne pathogen, lung or respiratory
disease
or condition, | 26 |
| heart
or vascular disease or condition, hypertension, |
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| tuberculosis, or cancer
resulting in any disability | 2 |
| (temporary, permanent, total, or partial) to the
employee shall | 3 |
| be rebuttably presumed to arise out of and in the course of
the | 4 |
| employee's firefighting, EMT, or paramedic employment and, | 5 |
| further, shall
be
rebuttably presumed to be causally connected | 6 |
| to the hazards or exposures of
the employment. This presumption | 7 |
| shall also apply to any hernia or hearing
loss suffered by an | 8 |
| employee employed as a firefighter, EMT, or paramedic.
However, | 9 |
| this presumption shall not apply to any employee who has been | 10 |
| employed
as a firefighter, EMT, or paramedic for less than 5 | 11 |
| years at the time he or she files an Application for Adjustment | 12 |
| of Claim concerning this condition or impairment with the | 13 |
| Illinois Workers' Compensation Commission. The Finding and | 14 |
| Decision of the Illinois Workers' Compensation Commission | 15 |
| under only the rebuttable presumption provision of this | 16 |
| subsection shall not be admissible or be deemed res judicata in | 17 |
| any disability claim under the Illinois Pension Code arising | 18 |
| out of the same medical condition; however, this sentence makes | 19 |
| no change to the law set forth in Krohe v. City of Bloomington, | 20 |
| 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 | 23 |
| 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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| Sec. 1. This Act shall be known and may be cited as the | 2 |
| "Workers'
Occupational Diseases Act".
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| (a) The term "employer" as used in this Act shall be | 4 |
| construed to
be:
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| 1. The State and each county, city, town, township, | 6 |
| incorporated
village, school district, body politic, or | 7 |
| municipal corporation
therein.
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| 2. Every person, firm, public or private corporation, | 9 |
| including
hospitals, public service, eleemosynary, | 10 |
| religious or charitable
corporations or associations, who | 11 |
| has any person in service or under any
contract for hire, | 12 |
| express or implied, oral or written.
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| 3. Where an employer operating under and subject to the | 14 |
| provisions
of this Act loans an employee to another such | 15 |
| employer and such loaned
employee sustains a compensable | 16 |
| occupational disease in the employment
of such borrowing | 17 |
| employer and where such borrowing employer does not
provide | 18 |
| or pay the benefits or payments due such employee, such | 19 |
| loaning
employer shall be liable to provide or pay all | 20 |
| benefits or payments due
such employee under this Act and | 21 |
| as to such employee the liability of
such loaning and | 22 |
| borrowing employers shall be joint and several,
provided | 23 |
| that such loaning employer shall in the absence of | 24 |
| agreement to
the contrary be entitled to receive from such | 25 |
| borrowing employer full
reimbursement for all sums paid or | 26 |
| incurred pursuant to this paragraph
together with |
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| reasonable attorneys' fees and expenses in any hearings
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| before the Illinois Workers' Compensation Commission or in | 3 |
| any action to secure such
reimbursement. Where any benefit | 4 |
| is provided or paid by such loaning
employer, the employee | 5 |
| shall have the duty of rendering reasonable
co-operation in | 6 |
| any hearings, trials or proceedings in the case,
including | 7 |
| such proceedings for reimbursement.
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| Where an employee files an Application for Adjustment | 9 |
| of Claim with
the Illinois Workers' Compensation | 10 |
| Commission alleging that his or her claim is covered by
the | 11 |
| provisions of the preceding paragraph, and joining both the | 12 |
| alleged
loaning and borrowing employers, they and each of | 13 |
| them, upon written
demand by the employee and within 7 days | 14 |
| after receipt of such demand,
shall have the duty of filing | 15 |
| with the Illinois Workers' Compensation Commission a | 16 |
| written
admission or denial of the allegation that the | 17 |
| claim is covered by the
provisions of the preceding | 18 |
| paragraph and in default of such filing or
if any such | 19 |
| 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 | 21 |
| Act shall
apply.
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| An employer whose business or enterprise or a | 23 |
| substantial part
thereof consists of hiring, procuring or | 24 |
| furnishing employees to or for
other employers operating | 25 |
| under and subject to the provisions of this
Act for the | 26 |
| performance of the work of such other employers and who |
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| pays
such employees their salary or wage notwithstanding | 2 |
| that they are doing
the work of such other employers shall | 3 |
| be deemed a loaning employer
within the meaning and | 4 |
| provisions of this Section.
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| (b) The term "employee" as used in this Act, shall be | 6 |
| construed to
mean:
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| 1. Every person in the service of the State, county, | 8 |
| city, town,
township, incorporated village or school | 9 |
| district, body politic or
municipal corporation therein, | 10 |
| whether by election, appointment or
contract of hire, | 11 |
| express or implied, oral or written, including any
official | 12 |
| of the State, or of any county, city, town, township,
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| incorporated village, school district, body politic or | 14 |
| municipal
corporation therein and except any duly | 15 |
| appointed member of the fire
department in any city whose | 16 |
| population exceeds 500,000 according to the
last Federal or | 17 |
| State census, and except any member of a fire insurance
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| patrol maintained by a board of underwriters in this State. | 19 |
| One employed
by a contractor who has contracted with the | 20 |
| State, or a county, city,
town, township, incorporated | 21 |
| village, school district, body politic or
municipal | 22 |
| corporation therein, through its representatives, shall | 23 |
| not be
considered as an employee of the State, county, | 24 |
| city, town, township,
incorporated village, school | 25 |
| district, body politic or municipal
corporation which made | 26 |
| the contract.
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| 2. Every person in the service of another under any | 2 |
| contract of
hire, express or implied, oral or written, who | 3 |
| contracts an occupational
disease while working in the | 4 |
| State of Illinois, or who contracts an
occupational disease | 5 |
| while working outside of the State of Illinois but
where | 6 |
| the contract of hire is made within the State of Illinois, | 7 |
| and any
person whose employment is principally localized | 8 |
| within the State of
Illinois, regardless of the place where | 9 |
| the disease was contracted or
place where the contract of | 10 |
| hire was made, including aliens, and minors
who, for the | 11 |
| purpose of this Act, except Section 3 hereof, shall be
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| considered the same and have the same power to contract, | 13 |
| receive
payments and give quittances therefor, as adult | 14 |
| employees. An employee
or his or her dependents under this | 15 |
| Act who shall have a cause of action
by reason of an | 16 |
| occupational disease, disablement or death arising out
of | 17 |
| and in the course of his or her employment may elect or | 18 |
| pursue
his or her remedy in the State where the disease was | 19 |
| contracted, or in the
State where the contract of hire is | 20 |
| made, or in the State where the
employment is principally | 21 |
| localized.
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| (c) "Commission" means the Illinois Workers' Compensation | 23 |
| Commission created by the
Workers' Compensation Act, approved | 24 |
| July 9, 1951, as amended.
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| (d) In this Act the term "Occupational Disease" means a | 26 |
| disease
arising out of and in the course of the employment or |
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| which has become
aggravated and rendered disabling as a result | 2 |
| of the exposure of the
employment. Such aggravation shall arise | 3 |
| out of a risk peculiar to or
increased by the employment and | 4 |
| not common to the general public.
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| A disease shall be deemed to arise out of the employment if | 6 |
| there is
apparent to the rational mind, upon consideration of | 7 |
| all the
circumstances, a causal connection between the | 8 |
| conditions under which
the work is performed and the | 9 |
| occupational disease. The disease need not
to have been | 10 |
| foreseen or expected but after its contraction it must
appear | 11 |
| 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 | 13 |
| rational
consequence.
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| An employee shall be conclusively deemed to have been | 15 |
| exposed to the
hazards of an occupational disease when, for any | 16 |
| length of time however
short, he or she is employed in an | 17 |
| occupation or process in which the
hazard of the disease | 18 |
| exists; provided however, that in a claim of
exposure to atomic | 19 |
| radiation, the fact of such exposure must be verified
by the | 20 |
| records of the central registry of radiation exposure | 21 |
| maintained
by the Department of Public Health or by some other | 22 |
| recognized
governmental agency maintaining records of such | 23 |
| exposures whenever and
to the extent that the records are on | 24 |
| file with the Department of Public
Health or the agency. | 25 |
| Any injury to or disease or death of an employee arising | 26 |
| from the administration of a vaccine, including without |
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| limitation smallpox vaccine, to prepare for, or as a response | 2 |
| to, a threatened or potential bioterrorist incident to the | 3 |
| employee as part of a voluntary inoculation program in | 4 |
| connection with the person's employment or in connection with | 5 |
| any governmental program or recommendation for the inoculation | 6 |
| of workers in the employee's occupation, geographical area, or | 7 |
| other category that includes the employee is deemed to arise | 8 |
| out of and in the course of the employment for all purposes | 9 |
| under this Act. This paragraph added by Public Act 93-829
this | 10 |
| amendatory Act of the 93rd General Assembly is declarative of | 11 |
| existing law and is not a new enactment.
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| The employer liable for the compensation in this Act | 13 |
| provided shall
be the employer in whose employment the employee | 14 |
| was last exposed to the
hazard of the occupational disease | 15 |
| claimed upon regardless of the length
of time of such last | 16 |
| exposure, except, in cases of silicosis or
asbestosis, the only | 17 |
| employer liable shall be the last employer in whose
employment | 18 |
| the employee was last exposed during a period of 60 days or
| 19 |
| more after the effective date of this Act, to the hazard of | 20 |
| such
occupational disease, and, in such cases, an exposure | 21 |
| 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 | 23 |
| who is suffering or suffered from
pneumoconiosis was employed | 24 |
| for 10 years or more in one or more coal
mines there shall, | 25 |
| effective July 1, 1973 be a rebuttable presumption
that his or | 26 |
| her pneumoconiosis arose out of such employment.
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| If a deceased miner was employed for 10 years or more in | 2 |
| one or more
coal mines and died from a respirable disease there | 3 |
| shall, effective
July 1, 1973, be a rebuttable presumption that | 4 |
| 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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| 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 | 9 |
| 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.
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| (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.
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| (Source: P.A. 93-721, eff. 1-1-05; 93-829, eff. 7-28-04; | 2 |
| revised 10-25-04.)
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