Full Text of HB3390 98th General Assembly
HB3390enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Workers' Compensation Act is amended by | 5 | | changing Sections 9, 14, 15a, 19, 19a, and 20 as follows:
| 6 | | (820 ILCS 305/9) (from Ch. 48, par. 138.9)
| 7 | | Sec. 9.
Any employer or employee or beneficiary who shall | 8 | | desire to have
such compensation, or any unpaid part thereof, | 9 | | paid in a lump sum, may
petition the Commission, asking that | 10 | | such compensation be so paid. If, upon
proper notice to the | 11 | | interested parties and a proper showing made before
such | 12 | | Commission or any member thereof, it appears to the best | 13 | | interest of
the parties that such compensation be so paid, the | 14 | | Commission may order the
commutation of the compensation to an | 15 | | equivalent lump sum, which
commutation shall be an amount which | 16 | | will equal the total sum of the
probable future payments | 17 | | capitalized at their present value upon the basis
of interest | 18 | | calculated at the maximum rate of interest payable by member
| 19 | | banks of the Federal Reserve System on passbook savings | 20 | | deposits as published
in Regulation Q or its successor or, if | 21 | | Regulation Q or its successor is
repealed, then the rate in | 22 | | effect on the date of repeal. Prior to approval of any pro se | 23 | | Settlement Contract Lump Sum Petition, the Commission or an |
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| 1 | | Arbitrator thereof shall determine if the unrepresented | 2 | | employee, if present, is able to read and communicate in | 3 | | English. If not, it shall be the responsibility of the | 4 | | Commission to provide a qualified, independent interpreter at | 5 | | the time such Petition is heard, unless the employee has | 6 | | provided his or her own interpreter.
| 7 | | In cases indicating complete disability no petition for a | 8 | | commutation to
a lump sum basis shall be entertained by the | 9 | | Commission until after the
expiration of 6 months from the date | 10 | | of the injury.
| 11 | | Where necessary, upon proper application being made, a | 12 | | guardian
or administrator, as the case may be, may be appointed | 13 | | for any
person under disability who may be entitled to any such | 14 | | compensation and an
employer bound by the terms of this Act and | 15 | | liable to pay such
compensation, may petition for the | 16 | | appointment of the public administrator,
or guardian, where no | 17 | | legal representative has been
appointed or is acting for such | 18 | | party or parties so under disability.
| 19 | | The payment of compensation in a lump sum to the employee | 20 | | in his or her
lifetime upon order of the Commission, shall | 21 | | extinguish and bar all claims
for compensation for death if the | 22 | | compensation paid in a lump sum
represents a compromise of a | 23 | | dispute on any question other than the extent
of disability.
| 24 | | Subject to the provisions herein above in this paragraph | 25 | | contained,
where no dispute exists as to the fact that the | 26 | | accident arose out of and
in the course of the employment and |
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| 1 | | where such accident results in death or
in the amputation of | 2 | | any member or in the enucleation of an eye, then and
in such | 3 | | case the arbitrator or Commission may, upon the petition of | 4 | | either
the employer or the employee, enter an award providing | 5 | | for the payment of
compensation for such death or injury in | 6 | | accordance with the provisions of
Section 7 or paragraph (e) of | 7 | | Section 8 of this Act.
| 8 | | (Source: P.A. 83-1362.)
| 9 | | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| 10 | | Sec. 14. The Commission shall appoint a secretary, an | 11 | | assistant
secretary, and arbitrators and shall employ such
| 12 | | assistants and clerical help as may be necessary. Arbitrators | 13 | | shall be appointed pursuant to this Section, notwithstanding | 14 | | any provision of the Personnel Code.
| 15 | | Each arbitrator appointed after June 28, 2011 after | 16 | | November 22, 1977 shall be required
to demonstrate in writing | 17 | | and in accordance with
the rules and regulations of the | 18 | | Illinois Department of Central Management
Services his or
her | 19 | | knowledge of and expertise in the law of and judicial processes | 20 | | of
the Workers' Compensation Act and the Occupational Diseases | 21 | | Act.
| 22 | | A formal training program for newly-hired arbitrators | 23 | | shall be
implemented. The training program shall include the | 24 | | following:
| 25 | | (a) substantive and procedural aspects of the |
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| 1 | | arbitrator position;
| 2 | | (b) current issues in workers' compensation law and | 3 | | practice;
| 4 | | (c) medical lectures by specialists in areas such as | 5 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 6 | | counseling;
| 7 | | (d) orientation to each operational unit of the | 8 | | Illinois Workers' Compensation Commission;
| 9 | | (e) observation of experienced arbitrators conducting | 10 | | hearings of cases,
combined with the opportunity to discuss | 11 | | evidence presented and rulings made;
| 12 | | (f) the use of hypothetical cases requiring the trainee | 13 | | to issue
judgments as a means to evaluating knowledge and | 14 | | writing ability;
| 15 | | (g) writing skills;
| 16 | | (h) professional and ethical standards pursuant to | 17 | | Section 1.1 of this Act; | 18 | | (i) detection of workers' compensation fraud and | 19 | | reporting obligations of Commission employees and | 20 | | appointees; | 21 | | (j) standards of evidence-based medical treatment and | 22 | | best practices for measuring and improving quality and | 23 | | health care outcomes in the workers' compensation system, | 24 | | including but not limited to the use of the American | 25 | | Medical Association's "Guides to the Evaluation of | 26 | | Permanent Impairment" and the practice of utilization |
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| 1 | | review; and | 2 | | (k) substantive and procedural aspects of coal | 3 | | workers' pneumoconiosis (black lung) cases. | 4 | | A formal and ongoing professional development program | 5 | | including, but not
limited to, the above-noted areas shall be | 6 | | implemented to keep arbitrators
informed of recent | 7 | | developments and issues and to assist them in
maintaining and | 8 | | enhancing their professional competence. Each arbitrator shall | 9 | | complete 20 hours of training in the above-noted areas during | 10 | | every 2 years such arbitrator shall remain in office.
| 11 | | Each
arbitrator shall devote full time to his or her duties | 12 | | and shall serve when
assigned as
an acting Commissioner when a | 13 | | Commissioner is unavailable in accordance
with the provisions | 14 | | of Section 13 of this Act. Any
arbitrator who is an | 15 | | attorney-at-law shall not engage in the practice of
law, nor | 16 | | shall any arbitrator hold any other office or position of
| 17 | | profit under the United States or this State or any municipal
| 18 | | corporation or political subdivision of this State.
| 19 | | Notwithstanding any other provision of this Act to the | 20 | | contrary, an arbitrator
who serves as an acting Commissioner in | 21 | | accordance with the provisions of
Section 13 of this Act shall | 22 | | continue to serve in the capacity of Commissioner
until a | 23 | | decision is reached in every case heard by that arbitrator | 24 | | while
serving as an acting Commissioner.
| 25 | | Notwithstanding any other provision of this Section, the | 26 | | term of all arbitrators serving on the effective date of this |
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| 1 | | amendatory Act of the 97th General Assembly, including any | 2 | | arbitrators on administrative leave, shall terminate at the | 3 | | close of business on July 1, 2011, but the incumbents shall | 4 | | continue to exercise all of their duties until they are | 5 | | reappointed or their successors are appointed. | 6 | | On and after the effective date of this amendatory Act of | 7 | | the 97th General Assembly, arbitrators shall be appointed to | 8 | | 3-year terms as follows: | 9 | | (1) All appointments shall be made by the Governor with | 10 | | the advice and consent of the Senate. | 11 | | (2) For their initial appointments, 12 arbitrators | 12 | | shall be appointed to terms expiring July 1, 2012; 12 | 13 | | arbitrators shall be appointed to terms expiring July 1, | 14 | | 2013; and all additional arbitrators shall be appointed to | 15 | | terms expiring July 1, 2014. Thereafter, all arbitrators | 16 | | shall be appointed to 3-year terms. | 17 | | Upon the expiration of a term, the Chairman shall evaluate | 18 | | the performance of the arbitrator and may recommend to the | 19 | | Governor that he or she be reappointed to a second or | 20 | | subsequent term by the Governor with the advice and consent of | 21 | | the Senate. | 22 | | Each arbitrator appointed on or after the effective date of | 23 | | this amendatory Act of the 97th General Assembly and who has | 24 | | not previously served as an arbitrator for the Commission shall | 25 | | be required to be authorized to practice law in this State by | 26 | | the Supreme Court, and to maintain this authorization |
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| 1 | | throughout his or her term of employment.
| 2 | | The All arbitrators shall be subject to the provisions of | 3 | | the Personnel Code,
and the performance of all arbitrators | 4 | | shall be reviewed by the Chairman on
an annual basis. The | 5 | | changes made to this Section by this amendatory Act of the 97th | 6 | | General Assembly shall prevail over any conflict with the | 7 | | Personnel Code. The Chairman shall allow input from the | 8 | | Commissioners in
all such reviews.
| 9 | | The Commission shall assign no fewer than 3 arbitrators to | 10 | | each hearing site. The Commission shall establish a procedure | 11 | | to ensure that the arbitrators assigned to each hearing site | 12 | | are assigned cases on a random basis. No arbitrator shall hear | 13 | | cases in any county, other than Cook County, for more than 2 | 14 | | years in each 3-year term. | 15 | | The Secretary and each arbitrator shall receive a per annum | 16 | | salary of
$4,000 less than the per annum salary of members of | 17 | | The
Illinois Workers' Compensation Commission as
provided in | 18 | | Section 13 of this Act, payable in equal monthly installments.
| 19 | | The members of the Commission, Arbitrators and other | 20 | | employees whose
duties require them to travel, shall have | 21 | | reimbursed to them their
actual traveling expenses and | 22 | | disbursements made or incurred by them in
the discharge of | 23 | | their official duties while away from their place of
residence | 24 | | in the performance of their duties.
| 25 | | The Commission shall provide itself with a seal for the
| 26 | | authentication of its orders, awards and proceedings upon which |
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| 1 | | shall be
inscribed the name of the Commission and the words | 2 | | "Illinois--Seal".
| 3 | | The Secretary or Assistant Secretary, under the direction | 4 | | of the
Commission, shall have charge and custody of the seal of | 5 | | the Commission
and also have charge and custody of all records, | 6 | | files, orders,
proceedings, decisions, awards and other | 7 | | documents on file with the
Commission. He shall furnish | 8 | | certified copies, under the seal of the
Commission, of any such | 9 | | records, files, orders, proceedings, decisions,
awards and | 10 | | other documents on file with the Commission as may be
required. | 11 | | Certified copies so furnished by the Secretary or Assistant
| 12 | | Secretary shall be received in evidence before the Commission | 13 | | or any
Arbitrator thereof, and in all courts, provided that the | 14 | | original of
such certified copy is otherwise competent and | 15 | | admissible in evidence.
The Secretary or Assistant Secretary | 16 | | shall perform such other duties as
may be prescribed from time | 17 | | to time by the Commission.
| 18 | | (Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12.)
| 19 | | (820 ILCS 305/15a) (from Ch. 48, par. 138.15a)
| 20 | | Sec. 15a.
The Beginning January 1, 1981, the Commission | 21 | | shall prepare and
publish a handbook in readily understandable | 22 | | language in question and answer
form containing all information | 23 | | as to the rights and obligations of employers
and employees | 24 | | under the provisions
of this Act.
| 25 | | Upon receipt of first report of injury, as provided for in |
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| 1 | | subsection (b)
of Section 6 of this Act, the Commission shall | 2 | | determine that a copy
of the handbook has been forwarded to the | 3 | | injured employee or his beneficiary.
| 4 | | The handbook shall be made available free of charge to the | 5 | | general public and be maintained on the Commission's Internet | 6 | | website .
| 7 | | The Commission shall provide informational assistance to | 8 | | employers and
employees regarding their rights and obligations | 9 | | under this Act and the
process and procedure before the | 10 | | Commission.
| 11 | | (Source: P.A. 86-998.)
| 12 | | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
| 13 | | Sec. 19. Any disputed questions of law or fact shall be | 14 | | determined
as herein provided.
| 15 | | (a) It shall be the duty of the Commission upon | 16 | | notification that
the parties have failed to reach an | 17 | | agreement, to designate an Arbitrator.
| 18 | | 1. Whenever any claimant misconceives his remedy and | 19 | | files an
application for adjustment of claim under this Act | 20 | | and it is
subsequently discovered, at any time before final | 21 | | disposition of such
cause, that the claim for disability or | 22 | | death which was the basis for
such application should | 23 | | properly have been made under the Workers'
Occupational | 24 | | Diseases Act, then the provisions of Section 19, paragraph
| 25 | | (a-1) of the Workers' Occupational Diseases Act having |
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| 1 | | reference to such
application shall apply.
| 2 | | 2. Whenever any claimant misconceives his remedy and | 3 | | files an
application for adjustment of claim under the | 4 | | Workers' Occupational
Diseases Act and it is subsequently | 5 | | discovered, at any time before final
disposition of such | 6 | | cause that the claim for injury or death which was
the | 7 | | basis for such application should properly have been made | 8 | | under this
Act, then the application so filed under the | 9 | | Workers' Occupational
Diseases Act may be amended in form, | 10 | | substance or both to assert claim
for such disability or | 11 | | death under this Act and it shall be deemed to
have been so | 12 | | filed as amended on the date of the original filing
| 13 | | thereof, and such compensation may be awarded as is | 14 | | warranted by the
whole evidence pursuant to this Act. When | 15 | | such amendment is submitted,
further or additional | 16 | | evidence may be heard by the Arbitrator or
Commission when | 17 | | deemed necessary. Nothing in this Section contained
shall | 18 | | be construed to be or permit a waiver of any provisions of | 19 | | this
Act with reference to notice but notice if given shall | 20 | | be deemed to be a
notice under the provisions of this Act | 21 | | if given within the time
required herein.
| 22 | | (b) The Arbitrator shall make such inquiries and | 23 | | investigations as he or
they shall deem necessary and may | 24 | | examine and inspect all books, papers,
records, places, or | 25 | | premises relating to the questions in dispute and hear
such | 26 | | proper evidence as the parties may submit.
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| 1 | | The hearings before the Arbitrator shall be held in the | 2 | | vicinity where
the injury occurred after 10 days' notice of the | 3 | | time and place of such
hearing shall have been given to each of | 4 | | the parties or their attorneys
of record.
| 5 | | The Arbitrator may find that the disabling condition is | 6 | | temporary and has
not yet reached a permanent condition and may | 7 | | order the payment of
compensation up to the date of the | 8 | | hearing, which award shall be reviewable
and enforceable in the | 9 | | same manner as other awards, and in no instance be a
bar to a | 10 | | further hearing and determination of a further amount of | 11 | | temporary
total compensation or of compensation for permanent | 12 | | disability, but shall
be conclusive as to all other questions | 13 | | except the nature and extent of said
disability.
| 14 | | The decision of the Arbitrator shall be filed with the | 15 | | Commission which
Commission shall immediately send to each | 16 | | party or his attorney a copy of
such decision, together with a | 17 | | notification of the time when it was filed.
As of the effective | 18 | | date of this amendatory Act of the 94th General Assembly, all | 19 | | decisions of the Arbitrator shall set forth
in writing findings | 20 | | of fact and conclusions of law, separately stated, if requested | 21 | | by either party.
Unless a petition for review is filed by | 22 | | either party within 30 days after
the receipt by such party of | 23 | | the copy of the decision and notification of
time when filed, | 24 | | and unless such party petitioning for a review shall
within 35 | 25 | | days after the receipt by him of the copy of the decision, file
| 26 | | with the Commission either an agreed statement of the facts |
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| 1 | | appearing upon
the hearing before the Arbitrator, or if such
| 2 | | party shall so elect a correct transcript of evidence of the | 3 | | proceedings
at such hearings, then the decision shall become | 4 | | the decision of the
Commission and in the absence of fraud | 5 | | shall be conclusive.
The Petition for Review shall contain a | 6 | | statement of the petitioning party's
specific exceptions to the | 7 | | decision of the arbitrator. The jurisdiction
of the Commission | 8 | | to review the decision of the arbitrator shall not be
limited | 9 | | to the exceptions stated in the Petition for Review.
The | 10 | | Commission, or any member thereof, may grant further time not | 11 | | exceeding
30 days, in which to file such agreed statement or | 12 | | transcript of
evidence. Such agreed statement of facts or | 13 | | correct transcript of
evidence, as the case may be, shall be | 14 | | authenticated by the signatures
of the parties or their | 15 | | attorneys, and in the event they do not agree as
to the | 16 | | correctness of the transcript of evidence it shall be | 17 | | authenticated
by the signature of the Arbitrator designated by | 18 | | the Commission.
| 19 | | Whether the employee is working or not, if the employee is | 20 | | not receiving or has not received medical, surgical, or | 21 | | hospital services or other services or compensation as provided | 22 | | in paragraph (a) of Section 8, or compensation as provided in | 23 | | paragraph (b) of Section 8, the employee may at any time | 24 | | petition for an expedited hearing by an Arbitrator on the issue | 25 | | of whether or not he or she is entitled to receive payment of | 26 | | the services or compensation. Provided the employer continues |
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| 1 | | to pay compensation pursuant to paragraph (b) of Section 8, the | 2 | | employer may at any time petition for an expedited hearing on | 3 | | the issue of whether or not the employee is entitled to receive | 4 | | medical, surgical, or hospital services or other services or | 5 | | compensation as provided in paragraph (a) of Section 8, or | 6 | | compensation as provided in paragraph (b) of Section 8. When an | 7 | | employer has petitioned for an expedited hearing, the employer | 8 | | shall continue to pay compensation as provided in paragraph (b) | 9 | | of Section 8 unless the arbitrator renders a decision that the | 10 | | employee is not entitled to the benefits that are the subject | 11 | | of the expedited hearing or unless the employee's treating | 12 | | physician has released the employee to return to work at his or | 13 | | her regular job with the employer or the employee actually | 14 | | returns to work at any other job. If the arbitrator renders a | 15 | | decision that the employee is not entitled to the benefits that | 16 | | are the subject of the expedited hearing, a petition for review | 17 | | filed by the employee shall receive the same priority as if the | 18 | | employee had filed a petition for an expedited hearing by an | 19 | | Arbitrator. Neither party shall be entitled to an expedited | 20 | | hearing when the employee has returned to work and the sole | 21 | | issue in dispute amounts to less than 12 weeks of unpaid | 22 | | compensation pursuant to paragraph (b) of Section 8. | 23 | | Expedited hearings shall have priority over all other | 24 | | petitions and shall be heard by the Arbitrator and Commission | 25 | | with all convenient speed. Any party requesting an expedited | 26 | | hearing shall give notice of a request for an expedited hearing |
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| 1 | | under this paragraph. A copy of the Application for Adjustment | 2 | | of Claim shall be attached to the notice. The Commission shall | 3 | | adopt rules and procedures under which the final decision of | 4 | | the Commission under this paragraph is filed not later than 180 | 5 | | days from the date that the Petition for Review is filed with | 6 | | the Commission. | 7 | | Where 2 or more insurance carriers, private self-insureds, | 8 | | or a group workers' compensation pool under Article V 3/4 of | 9 | | the Illinois Insurance Code dispute coverage for the same | 10 | | injury, any such insurance carrier, private self-insured, or | 11 | | group workers' compensation pool may request an expedited | 12 | | hearing pursuant to this paragraph to determine the issue of | 13 | | coverage, provided coverage is the only issue in dispute and | 14 | | all other issues are stipulated and agreed to and further | 15 | | provided that all compensation benefits including medical | 16 | | benefits pursuant to Section 8(a) continue to be paid to or on | 17 | | behalf of petitioner. Any insurance carrier, private | 18 | | self-insured, or group workers' compensation pool that is | 19 | | determined to be liable for coverage for the injury in issue | 20 | | shall reimburse any insurance carrier, private self-insured, | 21 | | or group workers' compensation pool that has paid benefits to | 22 | | or on behalf of petitioner for the injury.
| 23 | | (b-1) If the employee is not receiving medical, surgical or | 24 | | hospital
services as provided in paragraph (a) of Section 8 or | 25 | | compensation as
provided in paragraph (b) of Section 8, the | 26 | | employee, in accordance with
Commission Rules, may file a |
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| 1 | | petition for an emergency hearing by an
Arbitrator on the issue | 2 | | of whether or not he is entitled to receive payment
of such | 3 | | compensation or services as provided therein. Such petition | 4 | | shall
have priority over all other petitions and shall be heard | 5 | | by the Arbitrator
and Commission with all convenient speed.
| 6 | | Such petition shall contain the following information and | 7 | | shall be served
on the employer at least 15 days before it is | 8 | | filed:
| 9 | | (i) the date and approximate time of accident;
| 10 | | (ii) the approximate location of the accident;
| 11 | | (iii) a description of the accident;
| 12 | | (iv) the nature of the injury incurred by the employee;
| 13 | | (v) the identity of the person, if known, to whom the | 14 | | accident was
reported and the date on which it was | 15 | | reported;
| 16 | | (vi) the name and title of the person, if known, | 17 | | representing the
employer with whom the employee conferred | 18 | | in any effort to obtain
compensation pursuant to paragraph | 19 | | (b) of Section 8 of this Act or medical,
surgical or | 20 | | hospital services pursuant to paragraph (a) of Section 8 of
| 21 | | this Act and the date of such conference;
| 22 | | (vii) a statement that the employer has refused to pay | 23 | | compensation
pursuant to paragraph (b) of Section 8 of this | 24 | | Act or for medical, surgical
or hospital services pursuant | 25 | | to paragraph (a) of Section 8 of this Act;
| 26 | | (viii) the name and address, if known, of each witness |
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| 1 | | to the accident
and of each other person upon whom the | 2 | | employee will rely to support his
allegations;
| 3 | | (ix) the dates of treatment related to the accident by | 4 | | medical
practitioners, and the names and addresses of such | 5 | | practitioners, including
the dates of treatment related to | 6 | | the accident at any hospitals and the
names and addresses | 7 | | of such hospitals, and a signed authorization
permitting | 8 | | the employer to examine all medical records of all | 9 | | practitioners
and hospitals named pursuant to this | 10 | | paragraph;
| 11 | | (x) a copy of a signed report by a medical | 12 | | practitioner, relating to the
employee's current inability | 13 | | to return to work because of the injuries
incurred as a | 14 | | result of the accident or such other documents or | 15 | | affidavits
which show that the employee is entitled to | 16 | | receive compensation pursuant
to paragraph (b) of Section 8 | 17 | | of this Act or medical, surgical or hospital
services | 18 | | pursuant to paragraph (a) of Section 8 of this Act. Such | 19 | | reports,
documents or affidavits shall state, if possible, | 20 | | the history of the
accident given by the employee, and | 21 | | describe the injury and medical
diagnosis, the medical | 22 | | services for such injury which the employee has
received | 23 | | and is receiving, the physical activities which the | 24 | | employee
cannot currently perform as a result of any | 25 | | impairment or disability due to
such injury, and the | 26 | | prognosis for recovery;
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| 1 | | (xi) complete copies of any reports, records, | 2 | | documents and affidavits
in the possession of the employee | 3 | | on which the employee will rely to
support his allegations, | 4 | | provided that the employer shall pay the
reasonable cost of | 5 | | reproduction thereof;
| 6 | | (xii) a list of any reports, records, documents and | 7 | | affidavits which
the employee has demanded by subpoena and | 8 | | on which he intends to
rely to support his allegations;
| 9 | | (xiii) a certification signed by the employee or his | 10 | | representative that
the employer has received the petition | 11 | | with the required information 15
days before filing.
| 12 | | Fifteen days after receipt by the employer of the petition | 13 | | with the
required information the employee may file said | 14 | | petition and required
information and shall serve notice of the | 15 | | filing upon the employer. The
employer may file a motion | 16 | | addressed to the sufficiency of the petition.
If an objection | 17 | | has been filed to the sufficiency of the petition, the
| 18 | | arbitrator shall rule on the objection within 2 working days. | 19 | | If such an
objection is filed, the time for filing the final | 20 | | decision of the
Commission as provided in this paragraph shall | 21 | | be tolled until the
arbitrator has determined that the petition | 22 | | is sufficient.
| 23 | | The employer shall, within 15 days after receipt of the | 24 | | notice that such
petition is filed, file with the Commission | 25 | | and serve on the employee or
his representative a written | 26 | | response to each claim set forth in the
petition, including the |
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| 1 | | legal and factual basis for each disputed
allegation and the | 2 | | following information: (i) complete copies of any
reports, | 3 | | records, documents and affidavits in the possession of the
| 4 | | employer on which the employer intends to rely in support of | 5 | | his response,
(ii) a list of any reports, records, documents | 6 | | and affidavits which the
employer has demanded by subpoena and | 7 | | on which the employer intends to rely
in support of his | 8 | | response, (iii) the name and address of each witness on
whom | 9 | | the employer will rely to support his response, and (iv) the | 10 | | names and
addresses of any medical practitioners selected by | 11 | | the employer pursuant to
Section 12 of this Act and the time | 12 | | and place of any examination scheduled
to be made pursuant to | 13 | | such Section.
| 14 | | Any employer who does not timely file and serve a written | 15 | | response
without good cause may not introduce any evidence to | 16 | | dispute any claim of
the employee but may cross examine the | 17 | | employee or any witness brought by
the employee and otherwise | 18 | | be heard.
| 19 | | No document or other evidence not previously identified by | 20 | | either party
with the petition or written response, or by any | 21 | | other means before the
hearing, may be introduced into evidence | 22 | | without good cause.
If, at the hearing, material information is | 23 | | discovered which was
not previously disclosed, the Arbitrator | 24 | | may extend the time for closing
proof on the motion of a party | 25 | | for a reasonable period of time which may
be more than 30 days. | 26 | | No evidence may be introduced pursuant
to this paragraph as to |
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| 1 | | permanent disability. No award may be entered for
permanent | 2 | | disability pursuant to this paragraph. Either party may | 3 | | introduce
into evidence the testimony taken by deposition of | 4 | | any medical practitioner.
| 5 | | The Commission shall adopt rules, regulations and | 6 | | procedures whereby the
final decision of the Commission is | 7 | | filed not later than 90 days from the
date the petition for | 8 | | review is filed but in no event later than 180 days from
the | 9 | | date the petition for an emergency hearing is filed with the | 10 | | Illinois Workers' Compensation
Commission.
| 11 | | All service required pursuant to this paragraph (b-1) must | 12 | | be by personal
service or by certified mail and with evidence | 13 | | of receipt. In addition for
the purposes of this paragraph, all | 14 | | service on the employer must be at the
premises where the | 15 | | accident occurred if the premises are owned or operated
by the | 16 | | employer. Otherwise service must be at the employee's principal
| 17 | | place of employment by the employer. If service on the employer | 18 | | is not
possible at either of the above, then service shall be | 19 | | at the employer's
principal place of business. After initial | 20 | | service in each case, service
shall be made on the employer's | 21 | | attorney or designated representative.
| 22 | | (c) (1) At a reasonable time in advance of and in | 23 | | connection with the
hearing under Section 19(e) or 19(h), the | 24 | | Commission may on its own motion
order an impartial physical or | 25 | | mental examination of a petitioner whose
mental or physical | 26 | | condition is in issue, when in the Commission's
discretion it |
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| 1 | | appears that such an examination will materially aid in the
| 2 | | just determination of the case. The examination shall be made | 3 | | by a member
or members of a panel of physicians chosen for | 4 | | their special qualifications
by the Illinois State Medical | 5 | | Society. The Commission shall establish
procedures by which a | 6 | | physician shall be selected from such list.
| 7 | | (2) Should the Commission at any time during the hearing | 8 | | find that
compelling considerations make it advisable to have | 9 | | an examination and
report at that time, the commission may in | 10 | | its discretion so order.
| 11 | | (3) A copy of the report of examination shall be given to | 12 | | the Commission
and to the attorneys for the parties.
| 13 | | (4) Either party or the Commission may call the examining | 14 | | physician or
physicians to testify. Any physician so called | 15 | | shall be subject to
cross-examination.
| 16 | | (5) The examination shall be made, and the physician or | 17 | | physicians, if
called, shall testify, without cost to the | 18 | | parties. The Commission shall
determine the compensation and | 19 | | the pay of the physician or physicians. The
compensation for | 20 | | this service shall not exceed the usual and customary amount
| 21 | | for such service.
| 22 | | (6) The fees and payment thereof of all attorneys and | 23 | | physicians for
services authorized by the Commission under this | 24 | | Act shall, upon request
of either the employer or the employee | 25 | | or the beneficiary affected, be
subject to the review and | 26 | | decision of the Commission.
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| 1 | | (d) If any employee shall persist in insanitary or | 2 | | injurious
practices which tend to either imperil or retard his | 3 | | recovery or shall
refuse to submit to such medical, surgical, | 4 | | or hospital treatment as is
reasonably essential to promote his | 5 | | recovery, the Commission may, in its
discretion, reduce or | 6 | | suspend the compensation of any such injured
employee. However, | 7 | | when an employer and employee so agree in writing,
the | 8 | | foregoing provision shall not be construed to authorize the
| 9 | | reduction or suspension of compensation of an employee who is | 10 | | relying in
good faith, on treatment by prayer or spiritual | 11 | | means alone, in
accordance with the tenets and practice of a | 12 | | recognized church or
religious denomination, by a duly | 13 | | accredited practitioner thereof.
| 14 | | (e) This paragraph shall apply to all hearings before the | 15 | | Commission.
Such hearings may be held in its office or | 16 | | elsewhere as the Commission
may deem advisable. The taking of | 17 | | testimony on such hearings may be had
before any member of the | 18 | | Commission. If a petition for review and agreed
statement of | 19 | | facts or transcript of evidence is filed, as provided herein,
| 20 | | the Commission shall promptly review the decision of the | 21 | | Arbitrator and all
questions of law or fact which appear from | 22 | | the statement of facts or
transcript of evidence.
| 23 | | In all cases in which the hearing before the arbitrator is | 24 | | held after
December 18, 1989, no additional evidence shall be | 25 | | introduced by the
parties before the Commission on review of | 26 | | the decision of the Arbitrator.
In reviewing decisions of an |
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| 1 | | arbitrator the Commission shall award such
temporary | 2 | | compensation, permanent compensation and other payments as are
| 3 | | due under this Act. The Commission shall file in its office its | 4 | | decision
thereon, and shall immediately send to each party or | 5 | | his attorney a copy of
such decision and a notification of the | 6 | | time when it was filed. Decisions
shall be filed within 60 days | 7 | | after the Statement of Exceptions and
Supporting Brief and | 8 | | Response thereto are required to be filed or oral
argument | 9 | | whichever is later.
| 10 | | In the event either party requests oral argument, such | 11 | | argument shall be
had before a panel of 3 members of the | 12 | | Commission (or before all available
members pursuant to the | 13 | | determination of 7 members of the Commission that
such argument | 14 | | be held before all available members of the Commission)
| 15 | | pursuant to the rules and regulations of the Commission. A | 16 | | panel of 3
members, which shall be comprised of not more than | 17 | | one representative
citizen of the employing class and not more | 18 | | than one representative citizen
of the employee class, shall | 19 | | hear the argument; provided that if all the
issues in dispute | 20 | | are solely the nature and extent of the permanent partial
| 21 | | disability, if any, a majority of the panel may deny the | 22 | | request for such
argument and such argument shall not be held; | 23 | | and provided further that 7
members of the Commission may | 24 | | determine that the argument be held before
all available | 25 | | members of the Commission. A decision of the Commission
shall | 26 | | be approved by a majority of Commissioners present at such |
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| 1 | | hearing if
any; provided, if no such hearing is held, a | 2 | | decision of the Commission
shall be approved by a majority of a | 3 | | panel of 3 members of the Commission
as described in this | 4 | | Section. The Commission shall give 10 days' notice to
the | 5 | | parties or their attorneys of the time and place of such taking | 6 | | of
testimony and of such argument.
| 7 | | In any case the Commission in its decision may find | 8 | | specially
upon any question or questions of law or fact which | 9 | | shall be submitted
in writing by either party whether ultimate | 10 | | or otherwise;
provided that on issues other than nature and | 11 | | extent of the disability,
if any, the Commission in its | 12 | | decision shall find specially upon any
question or questions of | 13 | | law or fact, whether ultimate or otherwise,
which are submitted | 14 | | in writing by either party; provided further that
not more than | 15 | | 5 such questions may be submitted by either party. Any
party | 16 | | may, within 20 days after receipt of notice of the Commission's
| 17 | | decision, or within such further time, not exceeding 30 days, | 18 | | as the
Commission may grant, file with the Commission either an | 19 | | agreed
statement of the facts appearing upon the hearing, or, | 20 | | if such party
shall so elect, a correct transcript of evidence | 21 | | of the additional
proceedings presented before the Commission, | 22 | | in which report the party
may embody a correct statement of | 23 | | such other proceedings in the case as
such party may desire to | 24 | | have reviewed, such statement of facts or
transcript of | 25 | | evidence to be authenticated by the signature of the
parties or | 26 | | their attorneys, and in the event that they do not agree,
then |
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| 1 | | the authentication of such transcript of evidence shall be by | 2 | | the
signature of any member of the Commission.
| 3 | | If a reporter does not for any reason furnish a transcript | 4 | | of the
proceedings before the Arbitrator in any case for use on | 5 | | a hearing for
review before the Commission, within the | 6 | | limitations of time as fixed in
this Section, the Commission | 7 | | may, in its discretion, order a trial de
novo before the | 8 | | Commission in such case upon application of either
party. The | 9 | | applications for adjustment of claim and other documents in
the | 10 | | nature of pleadings filed by either party, together with the
| 11 | | decisions of the Arbitrator and of the Commission and the | 12 | | statement of
facts or transcript of evidence hereinbefore | 13 | | provided for in paragraphs
(b) and (c) shall be the record of | 14 | | the proceedings of the Commission,
and shall be subject to | 15 | | review as hereinafter provided.
| 16 | | At the request of either party or on its own motion, the | 17 | | Commission shall
set forth in writing the reasons for the | 18 | | decision, including findings of
fact and conclusions of law | 19 | | separately stated. The Commission shall by rule
adopt a format | 20 | | for written decisions for the Commission and arbitrators.
The | 21 | | written decisions shall be concise and shall succinctly state | 22 | | the facts
and reasons for the decision. The Commission may | 23 | | adopt in whole or in part,
the decision of the arbitrator as | 24 | | the decision of the Commission. When the
Commission does so | 25 | | adopt the decision of the arbitrator, it shall do so by
order. | 26 | | Whenever the Commission adopts part of the arbitrator's |
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| 1 | | decision,
but not all, it shall include in the order the | 2 | | reasons for not adopting all
of the arbitrator's decision. When | 3 | | a majority of a panel, after
deliberation, has arrived at its | 4 | | decision, the decision shall be filed as
provided in this | 5 | | Section without unnecessary delay, and without regard to
the | 6 | | fact that a member of the panel has expressed an intention to | 7 | | dissent.
Any member of the panel may file a dissent. Any | 8 | | dissent shall be filed no
later than 10 days after the decision | 9 | | of the majority has been filed.
| 10 | | Decisions rendered by the Commission and dissents, if any, | 11 | | shall be
published together by the Commission. The conclusions | 12 | | of law set out in
such decisions shall be regarded as | 13 | | precedents by arbitrators for the purpose
of achieving a more | 14 | | uniform administration of this Act.
| 15 | | (f) The decision of the Commission acting within its | 16 | | powers,
according to the provisions of paragraph (e) of this | 17 | | Section shall, in
the absence of fraud, be conclusive unless | 18 | | reviewed as in this paragraph
hereinafter provided. However, | 19 | | the Arbitrator or the Commission may on
his or its own motion, | 20 | | or on the motion of either party, correct any
clerical error or | 21 | | errors in computation within 15 days after the date of
receipt | 22 | | of any award by such Arbitrator or any decision on review of | 23 | | the
Commission and shall have the power to recall the original | 24 | | award on
arbitration or decision on review, and issue in lieu | 25 | | thereof such
corrected award or decision. Where such correction | 26 | | is made the time for
review herein specified shall begin to run |
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| 1 | | from the date of
the receipt of the corrected award or | 2 | | decision.
| 3 | | (1) Except in cases of claims against the State of | 4 | | Illinois other than those claims under Section 18.1, in
| 5 | | which case the decision of the Commission shall not be | 6 | | subject to
judicial review, the Circuit Court of the county | 7 | | where any of the
parties defendant may be found, or if none | 8 | | of the parties defendant can
be found in this State then | 9 | | the Circuit Court of the county where the
accident | 10 | | occurred, shall by summons to the Commission have
power to | 11 | | review all questions of law and fact presented by such | 12 | | record.
| 13 | | A proceeding for review shall be commenced within 20 | 14 | | days of
the receipt of notice of the decision of the | 15 | | Commission. The summons shall
be issued by the clerk of | 16 | | such court upon written request returnable on a
designated | 17 | | return day, not less than 10 or more than 60 days from the | 18 | | date
of issuance thereof, and the written request shall | 19 | | contain the last known
address of other parties in interest | 20 | | and their attorneys of record who are
to be served by | 21 | | summons. Service upon any member of the Commission or the
| 22 | | Secretary or the Assistant Secretary thereof shall be | 23 | | service upon the
Commission, and service upon other parties | 24 | | in interest and their attorneys
of record shall be by | 25 | | summons, and such service shall be made upon the
Commission | 26 | | and other parties in interest by mailing notices of the
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| 1 | | commencement of the proceedings and the return day of the | 2 | | summons to the
office of the Commission and to the last | 3 | | known place of residence of other
parties in interest or | 4 | | their attorney or attorneys of record. The clerk of
the | 5 | | court issuing the summons shall on the day of issue mail | 6 | | notice of the
commencement of the proceedings which shall | 7 | | be done by mailing a copy of
the summons to the office of | 8 | | the Commission, and a copy of the summons to
the other | 9 | | parties in interest or their attorney or attorneys of | 10 | | record and
the clerk of the court shall make certificate | 11 | | that he has so sent said
notices in pursuance of this | 12 | | Section, which shall be evidence of service on
the | 13 | | Commission and other parties in interest.
| 14 | | The Commission shall not be required to certify the | 15 | | record of their
proceedings to the Circuit Court, unless | 16 | | the party commencing the
proceedings for review in the | 17 | | Circuit Court as above provided, shall file with pay
to the | 18 | | Commission notice of intent to file for review in Circuit | 19 | | Court. the sum of 80˘ per page of testimony taken before | 20 | | the
Commission, and 35˘ per page of all other matters | 21 | | contained in such
record, except as otherwise provided by | 22 | | Section 20 of this Act. Payment
for photostatic copies of | 23 | | exhibit shall be extra. It shall be the duty
of the | 24 | | Commission upon such filing of notice of intent to file for | 25 | | review in the Circuit Court payment, or failure to pay as | 26 | | permitted
under Section 20 of this Act, to prepare a true |
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| 1 | | and correct typewritten
copy of such testimony and a true | 2 | | and correct copy of all other matters
contained in such | 3 | | record and certified to by the Secretary or Assistant
| 4 | | Secretary thereof. The changes made to this subdivision | 5 | | (f)(1) by this amendatory Act of the 98th General Assembly | 6 | | apply to any Commission decision entered after the | 7 | | effective date of this amendatory Act of the 98th General | 8 | | Assembly.
| 9 | | No In its decision on review the Commission shall | 10 | | determine in each
particular case the amount of the | 11 | | probable cost of the record to be
filed as a part of the | 12 | | summons in that case and no request for a summons
may be | 13 | | filed and no summons shall issue unless the party seeking | 14 | | to review
the decision of the Commission shall exhibit to | 15 | | the clerk of the Circuit
Court proof of payment by filing | 16 | | with the Commission of the notice of the intent to file for | 17 | | review in the Circuit Court a receipt showing payment or an | 18 | | affidavit
of the attorney setting forth that notice of | 19 | | intent to file for review in the Circuit Court payment has | 20 | | been given in writing made of the sums so
determined to the | 21 | | Secretary or Assistant Secretary of the Commission ,
except | 22 | | as otherwise provided by Section 20 of this Act .
| 23 | | (2) No such summons shall issue unless the one against | 24 | | whom the
Commission shall have rendered an award for the | 25 | | payment of money shall upon
the filing of his written | 26 | | request for such summons file with the clerk of
the court a |
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| 1 | | bond conditioned that if he shall not successfully
| 2 | | prosecute the review, he will pay the award and the costs | 3 | | of the
proceedings in the courts. The amount of the bond | 4 | | shall be fixed by any
member of the Commission and the | 5 | | surety or sureties of the bond shall be
approved by the | 6 | | clerk of the court. The acceptance of the bond by the
clerk | 7 | | of the court shall constitute evidence of his approval of | 8 | | the bond.
| 9 | | Every county, city, town, township, incorporated | 10 | | village, school
district, body politic or municipal | 11 | | corporation against whom the
Commission shall have | 12 | | rendered an award for the payment of money shall
not be | 13 | | required to file a bond to secure the payment of the award | 14 | | and
the costs of the proceedings in the court to authorize | 15 | | the court to
issue such summons.
| 16 | | The court may confirm or set aside the decision of the | 17 | | Commission. If
the decision is set aside and the facts | 18 | | found in the proceedings before
the Commission are | 19 | | sufficient, the court may enter such decision as is
| 20 | | justified by law, or may remand the cause to the Commission | 21 | | for further
proceedings and may state the questions | 22 | | requiring further hearing, and
give such other | 23 | | instructions as may be proper. Appeals shall be taken
to | 24 | | the Appellate Court in accordance
with Supreme Court Rules | 25 | | 22(g) and 303. Appeals
shall be taken from the Appellate
| 26 | | Court to the Supreme Court in accordance with Supreme Court |
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| 1 | | Rule 315.
| 2 | | It shall be the duty of the clerk of any court | 3 | | rendering a decision
affecting or affirming an award of the | 4 | | Commission to promptly furnish
the Commission with a copy | 5 | | of such decision, without charge.
| 6 | | The decision of a majority of the members of the panel | 7 | | of the Commission,
shall be considered the decision of the | 8 | | Commission.
| 9 | | (g) Except in the case of a claim against the State of | 10 | | Illinois,
either party may present a certified copy of the | 11 | | award of the
Arbitrator, or a certified copy of the decision of | 12 | | the Commission when
the same has become final, when no | 13 | | proceedings for review are pending,
providing for the payment | 14 | | of compensation according to this Act, to the
Circuit Court of | 15 | | the county in which such accident occurred or either of
the | 16 | | parties are residents, whereupon the court shall enter a | 17 | | judgment
in accordance therewith. In a case where the employer | 18 | | refuses to pay
compensation according to such final award or | 19 | | such final decision upon
which such judgment is entered the | 20 | | court shall in entering judgment
thereon, tax as costs against | 21 | | him the reasonable costs and attorney fees
in the arbitration | 22 | | proceedings and in the court entering the judgment
for the | 23 | | person in whose favor the judgment is entered, which judgment
| 24 | | and costs taxed as therein provided shall, until and unless set | 25 | | aside,
have the same effect as though duly entered in an action | 26 | | duly tried and
determined by the court, and shall with like |
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| 1 | | effect, be entered and
docketed. The Circuit Court shall have | 2 | | power at any time upon
application to make any such judgment | 3 | | conform to any modification
required by any subsequent decision | 4 | | of the Supreme Court upon appeal, or
as the result of any | 5 | | subsequent proceedings for review, as provided in
this Act.
| 6 | | Judgment shall not be entered until 15 days' notice of the | 7 | | time and
place of the application for the entry of judgment | 8 | | shall be served upon
the employer by filing such notice with | 9 | | the Commission, which Commission
shall, in case it has on file | 10 | | the address of the employer or the name
and address of its | 11 | | agent upon whom notices may be served, immediately
send a copy | 12 | | of the notice to the employer or such designated agent.
| 13 | | (h) An agreement or award under this Act providing for | 14 | | compensation
in installments, may at any time within 18 months | 15 | | after such agreement
or award be reviewed by the Commission at | 16 | | the request of either the
employer or the employee, on the | 17 | | ground that the disability of the
employee has subsequently | 18 | | recurred, increased, diminished or ended.
| 19 | | However, as to accidents occurring subsequent to July 1, | 20 | | 1955, which
are covered by any agreement or award under this | 21 | | Act providing for
compensation in installments made as a result | 22 | | of such accident, such
agreement or award may at any time | 23 | | within 30 months, or 60 months in the case of an award under | 24 | | Section 8(d)1, after such agreement
or award be reviewed by the | 25 | | Commission at the request of either the
employer or the | 26 | | employee on the ground that the disability of the
employee has |
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| 1 | | subsequently recurred, increased, diminished or ended.
| 2 | | On such review, compensation payments may be | 3 | | re-established,
increased, diminished or ended. The Commission | 4 | | shall give 15 days'
notice to the parties of the hearing for | 5 | | review. Any employee, upon any
petition for such review being | 6 | | filed by the employer, shall be entitled
to one day's notice | 7 | | for each 100 miles necessary to be traveled by him in
attending | 8 | | the hearing of the Commission upon the petition, and 3 days in
| 9 | | addition thereto. Such employee shall, at the discretion of the
| 10 | | Commission, also be entitled to 5 cents per mile necessarily | 11 | | traveled by
him within the State of Illinois in attending such | 12 | | hearing, not to
exceed a distance of 300 miles, to be taxed by | 13 | | the Commission as costs
and deposited with the petition of the | 14 | | employer.
| 15 | | When compensation which is payable in accordance with an | 16 | | award or
settlement contract approved by the Commission, is | 17 | | ordered paid in a
lump sum by the Commission, no review shall | 18 | | be had as in this paragraph
mentioned.
| 19 | | (i) Each party, upon taking any proceedings or steps | 20 | | whatsoever
before any Arbitrator, Commission or court, shall | 21 | | file with the Commission
his address, or the name and address | 22 | | of any agent upon whom all notices to
be given to such party | 23 | | shall be served, either personally or by registered
mail, | 24 | | addressed to such party or agent at the last address so filed | 25 | | with
the Commission. In the event such party has not filed his | 26 | | address, or the
name and address of an agent as above provided, |
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| 1 | | service of any notice may
be had by filing such notice with the | 2 | | Commission.
| 3 | | (j) Whenever in any proceeding testimony has been taken or | 4 | | a final
decision has been rendered and after the taking of such | 5 | | testimony or
after such decision has become final, the injured | 6 | | employee dies, then in
any subsequent proceedings brought by | 7 | | the personal representative or
beneficiaries of the deceased | 8 | | employee, such testimony in the former
proceeding may be | 9 | | introduced with the same force and effect as though
the witness | 10 | | having so testified were present in person in such
subsequent | 11 | | proceedings and such final decision, if any, shall be taken
as | 12 | | final adjudication of any of the issues which are the same in | 13 | | both
proceedings.
| 14 | | (k) In case where there has been any unreasonable or | 15 | | vexatious delay
of payment or intentional underpayment of | 16 | | compensation, or proceedings
have been instituted or carried on | 17 | | by the one liable to pay the
compensation, which do not present | 18 | | a real controversy, but are merely
frivolous or for delay, then | 19 | | the Commission may award compensation
additional to that | 20 | | otherwise payable under this Act equal to 50% of the
amount | 21 | | payable at the time of such award. Failure to pay compensation
| 22 | | in accordance with the provisions of Section 8, paragraph (b) | 23 | | of this
Act, shall be considered unreasonable delay.
| 24 | | When determining whether this subsection (k) shall apply, | 25 | | the
Commission shall consider whether an Arbitrator has | 26 | | determined
that the claim is not compensable or whether the |
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| 1 | | employer has
made payments under Section 8(j). | 2 | | (l) If the employee has made written demand for payment of
| 3 | | benefits under Section 8(a) or Section 8(b), the employer shall
| 4 | | have 14 days after receipt of the demand to set forth in
| 5 | | writing the reason for the delay. In the case of demand for
| 6 | | payment of medical benefits under Section 8(a), the time for
| 7 | | the employer to respond shall not commence until the expiration
| 8 | | of the allotted 30 days specified under Section 8.2(d). In case
| 9 | | the employer or his or her insurance carrier shall without good | 10 | | and
just cause fail, neglect, refuse, or unreasonably delay the
| 11 | | payment of benefits under Section 8(a) or Section 8(b), the
| 12 | | Arbitrator or the Commission shall allow to the employee
| 13 | | additional compensation in the sum of $30 per day for each day
| 14 | | that the benefits under Section 8(a) or Section 8(b) have been
| 15 | | so withheld or refused, not to exceed $10,000.
A delay in | 16 | | payment of 14 days or more
shall create a rebuttable | 17 | | presumption of unreasonable delay.
| 18 | | (m) If the commission finds that an accidental injury was | 19 | | directly
and proximately caused by the employer's wilful | 20 | | violation of a health
and safety standard under the Health and | 21 | | Safety Act in force at the time of the
accident, the arbitrator | 22 | | or the Commission shall allow to the injured
employee or his | 23 | | dependents, as the case may be, additional compensation
equal | 24 | | to 25% of the amount which otherwise would be payable under the
| 25 | | provisions of this Act exclusive of this paragraph. The | 26 | | additional
compensation herein provided shall be allowed by an |
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| 1 | | appropriate increase
in the applicable weekly compensation | 2 | | rate.
| 3 | | (n) After June 30, 1984, decisions of the Illinois Workers' | 4 | | Compensation Commission
reviewing an award of an arbitrator of | 5 | | the Commission shall draw interest
at a rate equal to the yield | 6 | | on indebtedness issued by the United States
Government with a | 7 | | 26-week maturity next previously auctioned on the day on
which | 8 | | the decision is filed. Said rate of interest shall be set forth | 9 | | in
the Arbitrator's Decision. Interest shall be drawn from the | 10 | | date of the
arbitrator's award on all accrued compensation due | 11 | | the employee through the
day prior to the date of payments. | 12 | | However, when an employee appeals an
award of an Arbitrator or | 13 | | the Commission, and the appeal results in no
change or a | 14 | | decrease in the award, interest shall not further accrue from
| 15 | | the date of such appeal.
| 16 | | The employer or his insurance carrier may tender the | 17 | | payments due under
the award to stop the further accrual of | 18 | | interest on such award
notwithstanding the prosecution by | 19 | | either party of review, certiorari,
appeal to the Supreme Court | 20 | | or other steps to reverse, vacate or modify
the award.
| 21 | | (o) By the 15th day of each month each insurer providing | 22 | | coverage for
losses under this Act shall notify each insured | 23 | | employer of any compensable
claim incurred during the preceding | 24 | | month and the amounts paid or reserved
on the claim including a | 25 | | summary of the claim and a brief statement of the
reasons for | 26 | | compensability. A cumulative report of all claims incurred
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| 1 | | during a calendar year or continued from the previous year | 2 | | shall be
furnished to the insured employer by the insurer | 3 | | within 30 days after the
end of that calendar year.
| 4 | | The insured employer may challenge, in proceeding before | 5 | | the Commission,
payments made by the insurer without | 6 | | arbitration and payments
made after a case is determined to be | 7 | | noncompensable. If the Commission
finds that the case was not | 8 | | compensable, the insurer shall purge its records
as to that | 9 | | employer of any loss or expense associated with the claim, | 10 | | reimburse
the employer for attorneys' fees arising from the | 11 | | challenge and for any
payment required of the employer to the | 12 | | Rate Adjustment Fund or the
Second Injury Fund, and may not | 13 | | reflect the loss or expense for rate making
purposes. The | 14 | | employee shall not be required to refund the challenged
| 15 | | payment. The decision of the Commission may be reviewed in the | 16 | | same manner
as in arbitrated cases. No challenge may be | 17 | | initiated under this paragraph
more than 3 years after the | 18 | | payment is made. An employer may waive the
right of challenge | 19 | | under this paragraph on a case by case basis.
| 20 | | (p) After filing an application for adjustment of claim but | 21 | | prior to
the hearing on arbitration the parties may voluntarily | 22 | | agree to submit such
application for adjustment of claim for | 23 | | decision by an arbitrator under
this subsection (p) where such | 24 | | application for adjustment of claim raises
only a dispute over | 25 | | temporary total disability, permanent partial
disability or | 26 | | medical expenses. Such agreement shall be in writing in such
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| 1 | | form as provided by the Commission. Applications for adjustment | 2 | | of claim
submitted for decision by an arbitrator under this | 3 | | subsection (p) shall
proceed according to rule as established | 4 | | by the Commission. The Commission
shall promulgate rules | 5 | | including, but not limited to, rules to ensure that
the parties | 6 | | are adequately informed of their rights under this subsection
| 7 | | (p) and of the voluntary nature of proceedings under this | 8 | | subsection (p).
The findings of fact made by an arbitrator | 9 | | acting within his or her powers
under this subsection (p) in | 10 | | the absence of fraud shall be conclusive.
However, the | 11 | | arbitrator may on his own motion, or the motion of either
| 12 | | party, correct any clerical errors or errors in computation | 13 | | within 15 days
after the date of receipt of such award of the | 14 | | arbitrator
and shall have the power to recall the original | 15 | | award on arbitration, and
issue in lieu thereof such corrected | 16 | | award.
The decision of the arbitrator under this subsection (p) | 17 | | shall be
considered the decision of the Commission and | 18 | | proceedings for review of
questions of law arising from the | 19 | | decision may be commenced by either party
pursuant to | 20 | | subsection (f) of Section 19. The Advisory Board established
| 21 | | under Section 13.1 shall compile a list of certified Commission
| 22 | | arbitrators, each of whom shall be approved by at least 7 | 23 | | members of the
Advisory Board. The chairman shall select 5 | 24 | | persons from such list to
serve as arbitrators under this | 25 | | subsection (p). By agreement, the parties
shall select one | 26 | | arbitrator from among the 5 persons selected by the
chairman |
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| 1 | | except that if the parties do not agree on an arbitrator from
| 2 | | among the 5 persons, the parties may, by agreement, select an | 3 | | arbitrator of
the American Arbitration Association, whose fee | 4 | | shall be paid by the State
in accordance with rules promulgated | 5 | | by the Commission. Arbitration under
this subsection (p) shall | 6 | | be voluntary.
| 7 | | (Source: P.A. 97-18, eff. 6-28-11.)
| 8 | | (820 ILCS 305/19a) (from Ch. 48, par. 138.19b)
| 9 | | Sec. 19a.
Money received by the Commission pursuant to | 10 | | subsection (f) of
Section 19 of this Act shall be paid into a | 11 | | trust fund outside the State
Treasury and shall be held in such | 12 | | fund until completion of the record for
which the payment was | 13 | | made. The Secretary of the Commission shall be
ex-officio | 14 | | custodian of such trust fund which shall be used only for the
| 15 | | purpose specified in this section. Upon completion of the | 16 | | record the
Secretary shall pay the amount so held to the person | 17 | | entitled thereto for
preparation of the record. Within 60 days | 18 | | after the effective date of this amendatory Act of the 98th | 19 | | General Assembly, the Secretary of the Commission shall | 20 | | transfer all remaining funds to the Injured Workers' Benefit | 21 | | Fund for the purpose of paying claims from injured employees | 22 | | who have received a final award for benefits from the | 23 | | Commission against the employer in Fiscal Year 2013.
| 24 | | (Source: Laws 1967, p. 324.)
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| 1 | | (820 ILCS 305/20) (from Ch. 48, par. 138.20)
| 2 | | Sec. 20.
If the Commission shall, before or after any | 3 | | hearing, proceeding,
or review to any court, be satisfied that | 4 | | the employee is a poor person,
and unable to pay the costs and | 5 | | expenses provided for by this Act, the
Commission shall permit | 6 | | such poor person to have all the rights and
remedies provided | 7 | | by this Act, including the issuance and service of
subpoenas; a | 8 | | transcript of testimony and the record of proceedings,
| 9 | | including photostatic copies of exhibits, at
hearings before an | 10 | | Arbitrator or the Commission; the right to have the
record of | 11 | | proceedings certified to the circuit court; the right to the
| 12 | | filing of a written request for summons; and the right to the
| 13 | | issuance of summons, without the filing of a bond for costs
and | 14 | | without the payment of any of the costs provided for by this | 15 | | Act. If
an award is granted to such employee, or settlement is | 16 | | made, the costs and
expenses chargeable to the employee as | 17 | | provided for by this Act shall be
paid by the employer out of | 18 | | the award herein granted, or settlement, before
any of the | 19 | | balance of the award or settlement is paid to the
employee.
| 20 | | (Source: P.A. 86-998.)
| 21 | | Section 10. The Workers' Occupational Diseases Act is | 22 | | amended by changing Sections 19, 19a, and 19.5 as follows:
| 23 | | (820 ILCS 310/19) (from Ch. 48, par. 172.54)
| 24 | | Sec. 19. Any disputed questions of law or fact shall be |
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| 1 | | determined as
herein provided.
| 2 | | (a) It shall be the duty of the Commission upon | 3 | | notification that
the parties have failed to reach an agreement | 4 | | to designate an
Arbitrator.
| 5 | | (1) The application for adjustment of claim filed with | 6 | | the
Commission shall state:
| 7 | | A. The approximate date of the last day of the last | 8 | | exposure and the
approximate date of the disablement.
| 9 | | B. The general nature and character of the illness | 10 | | or disease
claimed.
| 11 | | C. The name and address of the employer by whom | 12 | | employed on the last
day of the last exposure and if | 13 | | employed by any other employer after
such last exposure | 14 | | and before disablement the name and address of such
| 15 | | other employer or employers.
| 16 | | D. In case of death, the date and place of death.
| 17 | | (2) Amendments to applications for adjustment of claim | 18 | | which relate
to the same disablement or disablement | 19 | | resulting in death originally
claimed upon may be allowed | 20 | | by the Commissioner or an Arbitrator
thereof, in their | 21 | | discretion, and in the exercise of such discretion,
they | 22 | | may in proper cases order a trial de novo; such amendment | 23 | | shall
relate back to the date of the filing of the original | 24 | | application so
amended.
| 25 | | (3) Whenever any claimant misconceives his remedy and | 26 | | files an
application for adjustment of claim under this Act |
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| 1 | | and it is
subsequently discovered, at any time before final | 2 | | disposition of such
cause, that the claim for disability or | 3 | | death which was the basis for
such application should | 4 | | properly have been made under the Workers'
Compensation | 5 | | Act, then the provisions of Section 19 paragraph (a-1) of
| 6 | | the Workers' Compensation Act having reference to such | 7 | | application shall
apply.
| 8 | | Whenever any claimant misconceives his remedy and | 9 | | files an
application for adjustment of claim under the | 10 | | Workers' Compensation Act
and it is subsequently | 11 | | discovered, at any time before final disposition
of such | 12 | | cause that the claim for injury or death which was the | 13 | | basis for
such application should properly have been made | 14 | | under this Act, then the
application so filed under the | 15 | | Workers' Compensation Act may be amended
in form, substance | 16 | | or both to assert claim for such disability or death
under | 17 | | this Act and it shall be deemed to have been so filed as | 18 | | amended
on the date of the original filing thereof, and | 19 | | such compensation may be
awarded as is warranted by the | 20 | | whole evidence pursuant to the provisions
of this Act. When | 21 | | such amendment is submitted, further or additional
| 22 | | evidence may be heard by the Arbitrator or Commission when | 23 | | deemed
necessary; provided, that nothing in this Section | 24 | | contained shall be
construed to be or permit a waiver of | 25 | | any provisions of this Act with
reference to notice, but | 26 | | notice if given shall be deemed to be a notice
under the |
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| 1 | | provisions of this Act if given within the time required
| 2 | | herein.
| 3 | | (b) The Arbitrator shall make such inquiries and | 4 | | investigations as he
shall deem necessary and may examine and | 5 | | inspect all books, papers,
records, places, or premises | 6 | | relating to the questions in dispute and hear
such proper | 7 | | evidence as the parties may submit.
| 8 | | The hearings before the Arbitrator shall be held in the | 9 | | vicinity where
the last exposure occurred, after 10 days' | 10 | | notice of the time and place of
such hearing shall have been | 11 | | given to each of the parties or their attorneys of record.
| 12 | | The Arbitrator may find that the disabling condition is | 13 | | temporary and has
not yet reached a permanent condition and may | 14 | | order the payment of
compensation up to the date of the | 15 | | hearing, which award shall be reviewable
and enforceable in the | 16 | | same manner as other awards, and in no instance be a
bar to a | 17 | | further hearing and determination of a further amount of | 18 | | temporary
total compensation or of compensation for permanent | 19 | | disability, but shall
be conclusive as to all other questions | 20 | | except the nature and extent of such
disability.
| 21 | | The decision of the Arbitrator shall be filed with the | 22 | | Commission which
Commission shall immediately send to each | 23 | | party or his attorney a copy of
such decision, together with a | 24 | | notification of the time when it was filed.
As of the effective | 25 | | date of this amendatory Act of the 94th General Assembly, all | 26 | | decisions of the Arbitrator shall set forth
in writing findings |
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| 1 | | of fact and conclusions of law, separately stated, if requested | 2 | | by either party.
Unless a petition for review is filed by | 3 | | either party within 30 days after
the receipt by such party of | 4 | | the copy of the decision and notification of
time when filed, | 5 | | and unless such party petitioning for a review shall
within 35 | 6 | | days after the receipt by him of the copy of the decision, file
| 7 | | with the Commission either an agreed statement of the facts | 8 | | appearing upon
the hearing before the Arbitrator, or if such | 9 | | party shall so elect a
correct transcript of evidence of the | 10 | | proceedings at such hearings, then
the decision shall become | 11 | | the decision of the Commission and in the absence
of fraud | 12 | | shall be conclusive. The Petition for Review shall contain a
| 13 | | statement of the petitioning party's specific exceptions to the | 14 | | decision of
the arbitrator. The jurisdiction of the Commission | 15 | | to review the decision
of the arbitrator shall not be limited | 16 | | to the exceptions stated in the
Petition for Review. The | 17 | | Commission, or any member thereof, may grant
further time not | 18 | | exceeding 30 days, in which to file such agreed statement
or | 19 | | transcript of evidence. Such agreed statement of facts or | 20 | | correct
transcript of evidence, as the case may be, shall be | 21 | | authenticated by the
signatures of the parties or their | 22 | | attorneys, and in the event they do not
agree as to the | 23 | | correctness of the transcript of evidence it shall be
| 24 | | authenticated by the signature of the Arbitrator designated by | 25 | | the Commission.
| 26 | | Whether the employee is working or not, if the employee is |
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| 1 | | not receiving or has not received medical, surgical, or | 2 | | hospital services or other services or compensation as provided | 3 | | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | 4 | | or compensation as provided in paragraph (b) of Section 8 of | 5 | | the Workers' Compensation
Act, the employee may at any time | 6 | | petition for an expedited hearing by an Arbitrator on the issue | 7 | | of whether or not he or she is entitled to receive payment of | 8 | | the services or compensation. Provided the employer continues | 9 | | to pay compensation pursuant to paragraph (b) of Section 8 of | 10 | | the Workers' Compensation
Act, the employer may at any time | 11 | | petition for an expedited hearing on the issue of whether or | 12 | | not the employee is entitled to receive medical, surgical, or | 13 | | hospital services or other services or compensation as provided | 14 | | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | 15 | | or compensation as provided in paragraph (b) of Section 8 of | 16 | | the Workers' Compensation
Act. When an employer has petitioned | 17 | | for an expedited hearing, the employer shall continue to pay | 18 | | compensation as provided in paragraph (b) of Section 8 of the | 19 | | Workers' Compensation
Act unless the arbitrator renders a | 20 | | decision that the employee is not entitled to the benefits that | 21 | | are the subject of the expedited hearing or unless the | 22 | | employee's treating physician has released the employee to | 23 | | return to work at his or her regular job with the employer or | 24 | | the employee actually returns to work at any other job. If the | 25 | | arbitrator renders a decision that the employee is not entitled | 26 | | to the benefits that are the subject of the expedited hearing, |
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| 1 | | a petition for review filed by the employee shall receive the | 2 | | same priority as if the employee had filed a petition for an | 3 | | expedited hearing by an arbitrator. Neither party shall be | 4 | | entitled to an expedited hearing when the employee has returned | 5 | | to work and the sole issue in dispute amounts to less than 12 | 6 | | weeks of unpaid compensation pursuant to paragraph (b) of | 7 | | Section 8 of the Workers' Compensation
Act. | 8 | | Expedited hearings shall have priority over all other | 9 | | petitions and shall be heard by the Arbitrator and Commission | 10 | | with all convenient speed. Any party requesting an expedited | 11 | | hearing shall give notice of a request for an expedited hearing | 12 | | under this paragraph. A copy of the Application for Adjustment | 13 | | of Claim shall be attached to the notice. The Commission shall | 14 | | adopt rules and procedures under which the final decision of | 15 | | the Commission under this paragraph is filed not later than 180 | 16 | | days from the date that the Petition for Review is filed with | 17 | | the Commission. | 18 | | Where 2 or more insurance carriers, private self-insureds, | 19 | | or a group workers' compensation pool under Article V 3/4 of | 20 | | the Illinois Insurance Code dispute coverage for the same | 21 | | disease, any such insurance carrier, private self-insured, or | 22 | | group workers' compensation pool may request an expedited | 23 | | hearing pursuant to this paragraph to determine the issue of | 24 | | coverage, provided coverage is the only issue in dispute and | 25 | | all other issues are stipulated and agreed to and further | 26 | | provided that all compensation benefits including medical |
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| 1 | | benefits pursuant to Section 8(a) of the Workers' Compensation
| 2 | | Act continue to be paid to or on behalf of petitioner. Any | 3 | | insurance carrier, private self-insured, or group workers' | 4 | | compensation pool that is determined to be liable for coverage | 5 | | for the disease in issue shall reimburse any insurance carrier, | 6 | | private self-insured, or group workers' compensation pool that | 7 | | has paid benefits to or on behalf of petitioner for the | 8 | | disease.
| 9 | | (b-1) If the employee is not receiving, pursuant to Section | 10 | | 7, medical,
surgical or hospital services of the type provided | 11 | | for in paragraph (a) of
Section 8 of the Workers' Compensation | 12 | | Act or compensation of the type
provided for in paragraph (b) | 13 | | of Section 8 of the Workers' Compensation
Act, the employee, in | 14 | | accordance with Commission Rules, may file a petition
for an | 15 | | emergency hearing by an Arbitrator on the issue of whether or | 16 | | not he
is entitled to receive payment of such compensation or | 17 | | services as provided
therein. Such petition shall have priority | 18 | | over all other petitions and
shall be heard by the Arbitrator | 19 | | and Commission with all convenient speed.
| 20 | | Such petition shall contain the following information and | 21 | | shall be served
on the employer at least 15 days before it is | 22 | | filed:
| 23 | | (i) the date and approximate time of the last exposure;
| 24 | | (ii) the approximate location of the last exposure;
| 25 | | (iii) a description of the last exposure;
| 26 | | (iv) the nature of the disability incurred by the |
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| 1 | | employee;
| 2 | | (v) the identity of the person, if known, to whom the | 3 | | disability was
reported and the date on which it was | 4 | | reported;
| 5 | | (vi) the name and title of the person, if known, | 6 | | representing the
employer with whom the employee conferred | 7 | | in any effort to obtain pursuant
to Section 7 compensation | 8 | | of the type provided for in paragraph (b) of
Section 8 of | 9 | | the Workers' Compensation Act or medical, surgical or | 10 | | hospital
services of the type provided for in paragraph (a) | 11 | | of Section 8 of the
Workers' Compensation Act and the date | 12 | | of such conference;
| 13 | | (vii) a statement that the employer has refused to pay | 14 | | compensation
pursuant to Section 7 of the type provided for | 15 | | in paragraph (b) of Section
8 of the Workers' Compensation | 16 | | Act or for medical, surgical
or hospital services pursuant | 17 | | to Section 7 of the type provided for in
paragraph (a) of | 18 | | Section 8 of the Workers' Compensation Act;
| 19 | | (viii) the name and address, if known, of each witness | 20 | | to the last
exposure and of each other person upon whom the | 21 | | employee will rely to
support his allegations;
| 22 | | (ix) the dates of treatment related to the disability | 23 | | by medical
practitioners, and the names and addresses of | 24 | | such practitioners, including
the dates of treatment | 25 | | related to the disability at any hospitals and the
names | 26 | | and addresses of such hospitals, and a signed authorization
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| 1 | | permitting the employer to examine all medical records of | 2 | | all practitioners
and hospitals named pursuant to this | 3 | | paragraph;
| 4 | | (x) a copy of a signed report by a medical | 5 | | practitioner, relating to the
employee's current inability | 6 | | to return to work because of the disability
incurred as a | 7 | | result of the exposure or such other documents or | 8 | | affidavits
which show that the employee is entitled to | 9 | | receive pursuant to Section 7
compensation of the type | 10 | | provided for in paragraph (b) of Section 8 of the
Workers' | 11 | | Compensation Act or medical, surgical or hospital services | 12 | | of the
type provided for in paragraph (a) of Section 8 of | 13 | | the Workers'
Compensation Act. Such reports, documents or | 14 | | affidavits shall state, if
possible, the history of the | 15 | | exposure given by the employee, and describe
the disability | 16 | | and medical diagnosis, the medical services for such
| 17 | | disability which the employee has received and is | 18 | | receiving, the physical
activities which the employee | 19 | | cannot currently perform as a result of such
disability, | 20 | | and the prognosis for recovery;
| 21 | | (xi) complete copies of any reports, records, | 22 | | documents and affidavits
in the possession of the employee | 23 | | on which the employee will rely to
support his allegations, | 24 | | provided that the employer shall pay the
reasonable cost of | 25 | | reproduction thereof;
| 26 | | (xii) a list of any reports, records, documents and |
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| 1 | | affidavits which
the employee has demanded by subpoena and | 2 | | on which he intends to
rely to support his allegations;
| 3 | | (xiii) a certification signed by the employee or his | 4 | | representative that
the employer has received the petition | 5 | | with the required information 15
days before filing.
| 6 | | Fifteen days after receipt by the employer of the petition | 7 | | with the
required information the employee may file said | 8 | | petition and required
information and shall serve notice of the | 9 | | filing upon the employer. The
employer may file a motion | 10 | | addressed to the sufficiency of the petition.
If an objection | 11 | | has been filed to the sufficiency of the petition, the
| 12 | | arbitrator shall rule on the objection within 2 working days. | 13 | | If such an
objection is filed, the time for filing the final | 14 | | decision of the Commission
as provided in this paragraph shall | 15 | | be tolled until the arbitrator has
determined that the petition | 16 | | is sufficient.
| 17 | | The employer shall, within 15 days after receipt of the | 18 | | notice that such
petition is filed, file with the Commission | 19 | | and serve on the employee or
his representative a written | 20 | | response to each claim set
forth in the petition, including the | 21 | | legal and factual basis for each
disputed allegation and the | 22 | | following information: (i)
complete copies of any reports, | 23 | | records, documents and affidavits
in the possession of the | 24 | | employer on which the employer intends to rely in
support of | 25 | | his response, (ii) a list of any reports, records, documents | 26 | | and
affidavits which the employer has demanded by subpoena and |
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| 1 | | on which the
employer intends to rely in support of his | 2 | | response, (iii) the name and address
of each witness on whom | 3 | | the employer will rely to support his response,
and (iv) the | 4 | | names and addresses of any medical practitioners
selected by | 5 | | the employer pursuant to Section 12 of this Act and the time
| 6 | | and place of any examination scheduled to be made pursuant to | 7 | | such Section.
| 8 | | Any employer who does not timely file and serve a written | 9 | | response
without good cause may not introduce any evidence to | 10 | | dispute any claim of
the employee but may cross examine the | 11 | | employee or any witness brought by
the employee and otherwise | 12 | | be heard.
| 13 | | No document or other evidence not previously identified by | 14 | | either party
with the petition or written response, or by any | 15 | | other means before the
hearing, may be introduced into evidence | 16 | | without good cause. If, at the
hearing, material information is | 17 | | discovered which was not previously
disclosed, the Arbitrator | 18 | | may extend the time for closing proof on the
motion of a party | 19 | | for a reasonable period of time which may be more than 30
days. | 20 | | No evidence may be introduced pursuant to this paragraph as to
| 21 | | permanent disability. No award may be entered for permanent | 22 | | disability
pursuant to this paragraph. Either party may | 23 | | introduce into evidence the
testimony taken by deposition of | 24 | | any medical practitioner.
| 25 | | The Commission shall adopt rules, regulations and | 26 | | procedures whereby
the final decision of the Commission is |
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| 1 | | filed not later than 90 days from
the date the petition for | 2 | | review is filed but in no event later than 180
days from the | 3 | | date the petition for an emergency hearing is filed with the
| 4 | | Illinois Workers' Compensation Commission.
| 5 | | All service required pursuant to this paragraph (b-1) must | 6 | | be by personal
service or by certified mail and with evidence | 7 | | of receipt. In addition,
for the purposes of this paragraph, | 8 | | all service on the employer must be at
the premises where the | 9 | | accident occurred if the premises are owned or
operated by the | 10 | | employer. Otherwise service must be at the employee's
principal | 11 | | place of employment by the employer. If service on the employer
| 12 | | is not possible at either of the above, then service shall be | 13 | | at the
employer's principal place of business. After initial | 14 | | service in each case,
service shall be made on the employer's | 15 | | attorney or designated representative.
| 16 | | (c) (1) At a reasonable time in advance of and in | 17 | | connection with the
hearing under Section 19(e) or 19(h), the | 18 | | Commission may on its own motion
order an impartial physical or | 19 | | mental examination of a petitioner whose
mental or physical | 20 | | condition is in issue, when in the Commission's
discretion it | 21 | | appears that such an examination will materially aid in the
| 22 | | just determination of the case. The examination shall be made | 23 | | by a member
or members of a panel of physicians chosen for | 24 | | their special qualifications
by the Illinois State Medical | 25 | | Society. The Commission shall establish
procedures by which a | 26 | | physician shall be selected from such list.
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| 1 | | (2) Should the Commission at any time during the hearing | 2 | | find that
compelling considerations make it advisable to have | 3 | | an examination and
report at that time, the Commission may in | 4 | | its discretion so order.
| 5 | | (3) A copy of the report of examination shall be given to | 6 | | the Commission
and to the attorneys for the parties.
| 7 | | (4) Either party or the Commission may call the examining | 8 | | physician
or physicians to testify. Any physician so called | 9 | | shall be subject to
cross-examination.
| 10 | | (5) The examination shall be made, and the physician or | 11 | | physicians,
if called, shall testify, without cost to the | 12 | | parties. The Commission shall
determine the compensation and | 13 | | the pay of the physician or physicians. The
compensation for | 14 | | this service shall not exceed the usual and customary amount
| 15 | | for such service.
| 16 | | The fees and payment thereof of all attorneys and | 17 | | physicians for
services authorized by the Commission under this | 18 | | Act shall, upon request
of either the employer or the employee | 19 | | or the beneficiary affected, be
subject to the review and | 20 | | decision of the Commission.
| 21 | | (d) If any employee shall persist in insanitary or | 22 | | injurious
practices which tend to either imperil or retard his | 23 | | recovery or shall
refuse to submit to such medical, surgical, | 24 | | or hospital treatment as is
reasonably essential to promote his | 25 | | recovery, the Commission may, in its
discretion, reduce or | 26 | | suspend the compensation of any such employee;
provided, that |
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| 1 | | when an employer and employee so agree in writing, the
| 2 | | foregoing provision shall not be construed to authorize the | 3 | | reduction or
suspension of compensation of an employee who is | 4 | | relying in good faith,
on treatment by prayer or spiritual | 5 | | means alone, in accordance with the
tenets and practice of a | 6 | | recognized church or religious denomination, by
a duly | 7 | | accredited practitioner thereof.
| 8 | | (e) This paragraph shall apply to all hearings before the | 9 | | Commission.
Such hearings may be held in its office or | 10 | | elsewhere as the Commission may
deem advisable. The taking of | 11 | | testimony on such hearings may be had before
any member of the | 12 | | Commission. If a petition for review and agreed statement
of | 13 | | facts or transcript of evidence is filed, as provided herein, | 14 | | the
Commission shall promptly review the decision of the | 15 | | Arbitrator and all
questions of law or fact which appear from | 16 | | the statement of facts or
transcripts of evidence. In all cases | 17 | | in which the hearing before the
arbitrator is held after the | 18 | | effective date of this amendatory Act of 1989,
no additional | 19 | | evidence shall be introduced by the parties before the
| 20 | | Commission on review of the decision of the Arbitrator. The | 21 | | Commission
shall file in its office its decision thereon, and | 22 | | shall immediately send
to each party or his attorney a copy of | 23 | | such decision and a notification of
the time when it was filed. | 24 | | Decisions shall be filed within 60 days after
the Statement of | 25 | | Exceptions and Supporting Brief and Response thereto are
| 26 | | required to be filed or oral argument whichever is later.
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| 1 | | In the event either party requests oral argument, such | 2 | | argument shall be
had before a panel of 3 members of the | 3 | | Commission (or before all available
members pursuant to the | 4 | | determination of 7 members of the Commission that
such argument | 5 | | be held before all available members of the Commission)
| 6 | | pursuant to the rules and regulations of the Commission. A | 7 | | panel of 3
members, which shall be comprised of not more than | 8 | | one representative
citizen of the employing class and not more | 9 | | than one representative citizen
of the employee class, shall | 10 | | hear the argument; provided that if all the
issues in dispute | 11 | | are solely the nature and extent of the permanent partial
| 12 | | disability, if any, a majority of the panel may deny the | 13 | | request for such
argument and such argument shall not be held; | 14 | | and provided further that 7
members of the Commission may | 15 | | determine that the argument be held before
all available | 16 | | members of the Commission. A decision of the Commission shall
| 17 | | be approved by a majority of Commissioners present at such | 18 | | hearing if any;
provided, if no such hearing is held, a | 19 | | decision of the Commission shall be
approved by a majority of a | 20 | | panel of 3 members of the Commission as
described in this | 21 | | Section. The Commission shall give 10 days' notice to the
| 22 | | parties or their attorneys of the time and place of such taking | 23 | | of
testimony and of such argument.
| 24 | | In any case the Commission in its decision may in its | 25 | | discretion find
specially upon any question or questions of law | 26 | | or facts which shall be
submitted in writing by either party |
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| 1 | | whether ultimate or otherwise;
provided that on issues other | 2 | | than nature and extent of the disablement,
if any, the | 3 | | Commission in its decision shall find specially upon any
| 4 | | question or questions of law or fact, whether ultimate or | 5 | | otherwise,
which are submitted in writing by either party; | 6 | | provided further that
not more than 5 such questions may be | 7 | | submitted by either party. Any
party may, within 20 days after | 8 | | receipt of notice of the Commission's
decision, or within such | 9 | | further time, not exceeding 30 days, as the
Commission may | 10 | | grant, file with the Commission either an agreed
statement of | 11 | | the facts appearing upon the hearing, or, if such party
shall | 12 | | so elect, a correct transcript of evidence of the additional
| 13 | | proceedings presented before the Commission in which report the | 14 | | party
may embody a correct statement of such other proceedings | 15 | | in the case as
such party may desire to have reviewed, such | 16 | | statement of facts or
transcript of evidence to be | 17 | | authenticated by the signature of the
parties or their | 18 | | attorneys, and in the event that they do not agree,
then the | 19 | | authentication of such transcript of evidence shall be by the
| 20 | | signature of any member of the Commission.
| 21 | | If a reporter does not for any reason furnish a transcript | 22 | | of the
proceedings before the Arbitrator in any case for use on | 23 | | a hearing for
review before the Commission, within the | 24 | | limitations of time as fixed in
this Section, the Commission | 25 | | may, in its discretion, order a trial de
novo before the | 26 | | Commission in such case upon application of either
party. The |
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| 1 | | applications for adjustment of claim and other documents in
the | 2 | | nature of pleadings filed by either party, together with the
| 3 | | decisions of the Arbitrator and of the Commission and the | 4 | | statement of
facts or transcript of evidence hereinbefore | 5 | | provided for in paragraphs
(b) and (c) shall be the record of | 6 | | the proceedings of the Commission,
and shall be subject to | 7 | | review as hereinafter provided.
| 8 | | At the request of either party or on its own motion, the | 9 | | Commission shall
set forth in writing the reasons for the | 10 | | decision, including findings of
fact and conclusions of law, | 11 | | separately stated. The Commission shall by
rule adopt a format | 12 | | for written decisions for the Commission and
arbitrators. The | 13 | | written decisions shall be concise and shall succinctly
state | 14 | | the facts and reasons for the decision. The Commission may | 15 | | adopt in
whole or in part, the decision of the arbitrator as | 16 | | the decision of the
Commission. When the Commission does so | 17 | | adopt the decision of the
arbitrator, it shall do so by order. | 18 | | Whenever the Commission adopts part of
the arbitrator's | 19 | | decision, but not all, it shall include in the order the
| 20 | | reasons for not adopting all of the arbitrator's decision. When | 21 | | a majority
of a panel, after deliberation, has arrived at its | 22 | | decision, the decision
shall be filed as provided in this | 23 | | Section without unnecessary delay, and
without regard to the | 24 | | fact that a member of the panel has expressed an
intention to | 25 | | dissent. Any member of the panel may file a dissent. Any
| 26 | | dissent shall be filed no later than 10 days after the decision |
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| 1 | | of the
majority has been filed.
| 2 | | Decisions rendered by the Commission after the effective | 3 | | date of this
amendatory Act of 1980 and dissents, if any, shall | 4 | | be published
together by the Commission. The conclusions
of law | 5 | | set out in such decisions shall be regarded as precedents
by | 6 | | arbitrators, for the purpose of achieving
a more uniform | 7 | | administration of this Act.
| 8 | | (f) The decision of the Commission acting within its | 9 | | powers,
according to the provisions of paragraph (e) of this | 10 | | Section shall, in
the absence of fraud, be conclusive unless | 11 | | reviewed as in this paragraph
hereinafter provided. However, | 12 | | the Arbitrator or the Commission may on
his or its own motion, | 13 | | or on the motion of either party, correct any
clerical error or | 14 | | errors in computation within 15 days after the date of
receipt | 15 | | of any award by such Arbitrator or any decision on review of | 16 | | the
Commission, and shall have the power to recall the original | 17 | | award on
arbitration or decision on review, and issue in lieu | 18 | | thereof such
corrected award or decision. Where such correction | 19 | | is made the time for
review herein specified shall begin to run | 20 | | from the date of
the receipt of the corrected award or | 21 | | decision.
| 22 | | (1) Except in cases of claims against the State of | 23 | | Illinois, in
which case the decision of the Commission | 24 | | shall not be subject to
judicial review, the Circuit Court | 25 | | of the county where any of the
parties defendant may be | 26 | | found, or if none of the parties defendant be
found in this |
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| 1 | | State then the Circuit Court of the county where any of
the | 2 | | exposure occurred, shall by summons to the Commission
have | 3 | | power to review all questions of law and fact presented by | 4 | | such
record.
| 5 | | A proceeding for review shall be commenced within 20 | 6 | | days of the
receipt of notice of the decision of the | 7 | | Commission. The summons shall be
issued by the clerk of | 8 | | such court upon written request returnable on a
designated | 9 | | return day, not less than 10 or more than 60 days from the | 10 | | date
of issuance thereof, and the written request shall | 11 | | contain the last known
address of other parties in interest | 12 | | and their attorneys of record who are
to be served by | 13 | | summons. Service upon any member of the Commission or the
| 14 | | Secretary or the Assistant Secretary thereof shall be | 15 | | service upon the
Commission, and service upon other parties | 16 | | in interest and their attorneys
of record shall be by | 17 | | summons, and such service shall be made upon the
Commission | 18 | | and other parties in interest by mailing notices of the
| 19 | | commencement of the proceedings and the return day of the | 20 | | summons to the
office of the Commission and to the last | 21 | | known place of residence of
other parties in interest or | 22 | | their attorney or attorneys of record. The
clerk of the | 23 | | court issuing the summons shall on the day of issue mail | 24 | | notice
of the commencement of the proceedings which shall | 25 | | be done by mailing a
copy of the summons to the office of | 26 | | the Commission, and a copy of the
summons to the other |
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| 1 | | parties in interest or their attorney or
attorneys of | 2 | | record and the clerk of the court shall make certificate
| 3 | | that he has so sent such notices in pursuance of this | 4 | | Section, which
shall be evidence of service on the | 5 | | Commission and other parties in
interest.
| 6 | | The Commission shall not be required to certify the | 7 | | record of their
proceedings in the Circuit Court unless the | 8 | | party commencing the
proceedings for review in the Circuit | 9 | | Court as above provided, shall file with the Commission | 10 | | notice of intent to file for review in Circuit Court. pay
| 11 | | to the Commission the sum of 80 cents per page of testimony | 12 | | taken before
the Commission, and 35 cents per page of all | 13 | | other matters contained in
such record, except as otherwise | 14 | | provided by Section 20 of this Act.
Payment for photostatic | 15 | | copies of exhibit shall be extra. It shall be
the duty of | 16 | | the Commission upon such filing of notice of intent to file | 17 | | for review in Circuit Court payment, or failure to pay as
| 18 | | permitted under Section 20 of this Act, to prepare a true | 19 | | and correct
typewritten copy of such testimony and a true | 20 | | and correct copy of all
other matters contained in such | 21 | | record and certified to by the Secretary
or Assistant | 22 | | Secretary thereof. The changes made to this subdivision | 23 | | (f)(1) by this amendatory Act of the 98th General Assembly | 24 | | apply to any Commission decision entered after the | 25 | | effective date of this amendatory Act of the 98th General | 26 | | Assembly.
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| 1 | | No In its decision on review the Commission shall | 2 | | determine in each
particular case the amount of the | 3 | | probable cost of the record to be
filed as a return to the | 4 | | summons in that case and no request
for a summons may be | 5 | | filed and no summons shall
issue unless the party seeking | 6 | | to review the decision of the Commission
shall exhibit to | 7 | | the clerk of the Circuit Court proof of payment by
filing | 8 | | with the Commission of the notice of the intent to file for | 9 | | review in the Circuit Court a receipt showing payment or an | 10 | | affidavit of the attorney setting
forth that notice of | 11 | | intent to file for review in Circuit Court payment has been | 12 | | given in writing made of the sums so determined to the | 13 | | Secretary
or Assistant Secretary of the Commission.
| 14 | | (2) No such summons shall issue unless the one against
| 15 | | whom the Commission shall have rendered an award for the | 16 | | payment of money
shall upon the filing of his written | 17 | | request for such summons file with the
clerk of the court a | 18 | | bond conditioned that if he shall not successfully
| 19 | | prosecute the review, he will pay the award and the costs | 20 | | of the
proceedings in the court. The amount of the bond | 21 | | shall be fixed by any
member of the Commission and the | 22 | | surety or sureties of the bond shall be
approved by the | 23 | | clerk of the court. The acceptance of the bond by the
clerk | 24 | | of the court shall constitute evidence of his approval of | 25 | | the
bond.
| 26 | | Every county, city, town, township, incorporated |
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| 1 | | village, school
district, body politic or municipal | 2 | | corporation having a population of
500,000 or more against | 3 | | whom the Commission shall have rendered an award
for the | 4 | | payment of money shall not be required to file a bond to | 5 | | secure
the payment of the award and the costs of the | 6 | | proceedings in the court
to authorize the court to issue | 7 | | such summons.
| 8 | | The court may confirm or set aside the decision of the | 9 | | Commission. If
the decision is set aside and the facts | 10 | | found in the proceedings before
the Commission are | 11 | | sufficient, the court may enter such decision as is
| 12 | | justified by law, or may remand the cause to the Commission | 13 | | for further
proceedings and may state the questions | 14 | | requiring further hearing, and
give such other | 15 | | instructions as may be proper. Appeals shall be taken
to | 16 | | the Appellate Court in accordance
with Supreme Court Rules | 17 | | 22(g) and 303. Appeals shall be taken from the
Appellate | 18 | | Court to the Supreme Court
in accordance with Supreme Court | 19 | | Rule 315.
| 20 | | It shall be the duty of the clerk of any court | 21 | | rendering a decision
affecting or affirming an award of the | 22 | | Commission to promptly furnish
the Commission with a copy | 23 | | of such decision, without charge.
| 24 | | The decision of a majority of the members of the panel | 25 | | of the Commission,
shall be considered the decision of the | 26 | | Commission.
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| 1 | | (g) Except in the case of a claim against the State of | 2 | | Illinois,
either party may present a certified copy of the | 3 | | award of the
Arbitrator, or a certified copy of the decision of | 4 | | the Commission when
the same has become final, when no | 5 | | proceedings for review are pending,
providing for the payment | 6 | | of compensation according to this Act, to the
Circuit Court of | 7 | | the county in which such exposure occurred or either of
the | 8 | | parties are residents, whereupon the court shall enter a | 9 | | judgment
in accordance therewith. In case where the employer | 10 | | refuses to pay
compensation according to such final award or | 11 | | such final decision upon
which such judgment is entered, the | 12 | | court shall in entering judgment
thereon, tax as costs against | 13 | | him the reasonable costs and attorney fees
in the arbitration | 14 | | proceedings and in the court entering the judgment
for the | 15 | | person in whose favor the judgment is entered, which judgment
| 16 | | and costs taxed as herein provided shall, until and unless set | 17 | | aside,
have the same effect as though duly entered in an action | 18 | | duly tried and
determined by the court, and shall with like | 19 | | effect, be entered and
docketed. The Circuit Court shall have | 20 | | power at any time upon
application to make any such judgment | 21 | | conform to any modification
required by any subsequent decision | 22 | | of the Supreme Court upon appeal, or
as the result of any | 23 | | subsequent proceedings for review, as provided in
this Act.
| 24 | | Judgment shall not be entered until 15 days' notice of the | 25 | | time and
place of the application for the entry of judgment | 26 | | shall be served upon
the employer by filing such notice with |
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| 1 | | the Commission, which Commission
shall, in case it has on file | 2 | | the address of the employer or the name
and address of its | 3 | | agent upon whom notices may be served, immediately
send a copy | 4 | | of the notice to the employer or such designated agent.
| 5 | | (h) An agreement or award under this Act providing for | 6 | | compensation
in installments, may at any time within 18 months | 7 | | after such agreement
or award be reviewed by the Commission at | 8 | | the request of either the
employer or the employee on the | 9 | | ground that the disability of the
employee has subsequently | 10 | | recurred, increased, diminished or ended.
| 11 | | However, as to disablements occurring subsequently to July | 12 | | 1, 1955,
which are covered by any agreement or award under this | 13 | | Act providing for
compensation in installments made as a result | 14 | | of such disablement, such
agreement or award may at any time | 15 | | within 30 months after such agreement
or award be reviewed by | 16 | | the Commission at the request of either the
employer or the | 17 | | employee on the ground that the disability of the
employee has | 18 | | subsequently recurred, increased, diminished or ended.
| 19 | | On such review compensation payments may be | 20 | | re-established,
increased, diminished or ended. The Commission | 21 | | shall give 15 days'
notice to the parties of the hearing for | 22 | | review. Any employee, upon any
petition for such review being | 23 | | filed by the employer, shall be entitled
to one day's notice | 24 | | for each 100 miles necessary to be traveled by him in
attending | 25 | | the hearing of the Commission upon the petition, and 3 days in
| 26 | | addition thereto. Such employee shall, at the discretion of the
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| 1 | | Commission, also be entitled to 5 cents per mile necessarily | 2 | | traveled by
him within the State of Illinois in attending such | 3 | | hearing, not to
exceed a distance of 300 miles, to be taxed by | 4 | | the Commission as costs
and deposited with the petition of the | 5 | | employer.
| 6 | | When compensation which is payable in accordance with an | 7 | | award or
settlement contract approved by the Commission, is | 8 | | ordered paid in a
lump sum by the Commission, no review shall | 9 | | be had as in this paragraph
mentioned.
| 10 | | (i) Each party, upon taking any proceedings or steps | 11 | | whatsoever
before any Arbitrator, Commission or court,
shall | 12 | | file with the Commission his address, or the name and address | 13 | | of
any agent upon whom all notices to be given to such party | 14 | | shall be
served, either personally or by registered mail, | 15 | | addressed to such party
or agent at the last address so filed | 16 | | with the Commission. In the event
such party has not filed his | 17 | | address, or the name and address of an
agent as above provided, | 18 | | service of any notice may be had by filing such
notice with the | 19 | | Commission.
| 20 | | (j) Whenever in any proceeding testimony has been taken or | 21 | | a final
decision has been rendered, and after the taking of | 22 | | such testimony or
after such decision has become final, the | 23 | | employee dies, then in any
subsequent proceeding brought by the | 24 | | personal representative or
beneficiaries of the deceased | 25 | | employee, such testimony in the former
proceeding may be | 26 | | introduced with the same force and effect as though
the witness |
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| 1 | | having so testified were present in person in such
subsequent | 2 | | proceedings and such final decision, if any, shall be taken
as | 3 | | final adjudication of any of the issues which are the same in | 4 | | both
proceedings.
| 5 | | (k) In any case where there has been any unreasonable or | 6 | | vexatious
delay of payment or intentional underpayment of | 7 | | compensation, or
proceedings have been instituted or carried on | 8 | | by one liable to pay the
compensation, which do not present a | 9 | | real controversy, but are merely
frivolous or for delay, then | 10 | | the Commission may award compensation
additional to that | 11 | | otherwise payable under this Act equal to 50% of the
amount | 12 | | payable at the time of such award. Failure to pay compensation | 13 | | in
accordance with the provisions of Section 8, paragraph (b) | 14 | | of this Act,
shall be considered unreasonable delay.
| 15 | | When determining whether this subsection (k) shall apply, | 16 | | the
Commission shall consider whether an arbitrator has | 17 | | determined
that the claim is not compensable or whether the | 18 | | employer has
made payments under Section 8(j) of the Workers' | 19 | | Compensation Act. | 20 | | (k-1) If the employee has made written demand for payment | 21 | | of
benefits under Section 8(a) or Section 8(b) of the Workers' | 22 | | Compensation Act, the employer shall
have 14 days after receipt | 23 | | of the demand to set forth in
writing the reason for the delay. | 24 | | In the case of demand for
payment of medical benefits under | 25 | | Section 8(a) of the Workers' Compensation Act, the time for
the | 26 | | employer to respond shall not commence until the expiration
of |
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| 1 | | the allotted 60 days specified under Section 8.2(d) of the | 2 | | Workers' Compensation Act. In case
the employer or his or her | 3 | | insurance carrier shall without good and
just cause fail, | 4 | | neglect, refuse, or unreasonably delay the
payment of benefits | 5 | | under Section 8(a) or Section 8(b) of the Workers' Compensation | 6 | | Act, the
Arbitrator or the Commission shall allow to the | 7 | | employee
additional compensation in the sum of $30 per day for | 8 | | each day
that the benefits under Section 8(a) or Section 8(b) | 9 | | of the Workers' Compensation Act have been
so withheld or | 10 | | refused, not to exceed $10,000.
A delay in payment of 14 days | 11 | | or more
shall create a rebuttable presumption of unreasonable | 12 | | delay.
| 13 | | (l) By the 15th day of each month each insurer providing | 14 | | coverage for
losses under this Act shall notify each insured | 15 | | employer of any compensable
claim incurred during the preceding | 16 | | month and the amounts paid or reserved
on the claim including a | 17 | | summary of the claim and a brief statement of the
reasons for | 18 | | compensability. A cumulative report of all claims incurred
| 19 | | during a calendar year or continued
from the previous year | 20 | | shall be furnished to the insured employer by the
insurer | 21 | | within 30 days after the end of that calendar year.
| 22 | | The insured employer may challenge, in proceeding before | 23 | | the Commission,
payments made by the insurer without | 24 | | arbitration and payments made after
a case is determined to be | 25 | | noncompensable. If the Commission finds that
the case was not | 26 | | compensable, the insurer shall purge its records as to
that |
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| 1 | | employer of any loss or expense associated with the claim, | 2 | | reimburse
the employer for attorneys fee arising from the | 3 | | challenge and for any payment
required of the employer to the | 4 | | Rate Adjustment Fund or the Second Injury
Fund, and may not | 5 | | effect the loss or expense for rate making purposes. The
| 6 | | employee shall not be required to refund the challenged | 7 | | payment. The
decision of the Commission may be reviewed in the | 8 | | same
manner as in arbitrated cases. No challenge may be | 9 | | initiated under this
paragraph more than 3 years after the | 10 | | payment is made. An employer may
waive the right of challenge | 11 | | under this paragraph on a case by case basis.
| 12 | | (m) After filing an application for adjustment of claim but | 13 | | prior to
the hearing on arbitration the parties may voluntarily | 14 | | agree to submit such
application for adjustment of claim for | 15 | | decision by an arbitrator under
this subsection (m) where such | 16 | | application for adjustment
of claim raises only a dispute over | 17 | | temporary total disability, permanent
partial disability or | 18 | | medical expenses. Such agreement shall be in writing
in such | 19 | | form as provided by the Commission. Applications for adjustment | 20 | | of
claim submitted for decision by an arbitrator under
this | 21 | | subsection (m) shall proceed according
to rule as established | 22 | | by the Commission. The Commission shall promulgate
rules | 23 | | including, but not limited to, rules to ensure that the parties | 24 | | are
adequately informed of their rights under this subsection | 25 | | (m) and of the
voluntary nature of proceedings under this | 26 | | subsection
(m). The findings of fact made by an arbitrator |
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| 1 | | acting within his or her
powers under this subsection (m) in | 2 | | the absence of fraud shall be
conclusive. However, the | 3 | | arbitrator may on his own motion, or the motion
of either | 4 | | party, correct any clerical errors or errors in computation
| 5 | | within 15 days after the date of receipt of such award of the | 6 | | arbitrator
and shall have the power to recall the original | 7 | | award on arbitration, and
issue in lieu thereof such corrected | 8 | | award.
The decision of the arbitrator under this subsection (m) | 9 | | shall be
considered the decision of the Commission and | 10 | | proceedings for review of
questions of law arising from the | 11 | | decision may be commenced by either party
pursuant to | 12 | | subsection (f) of Section 19. The Advisory Board established
| 13 | | under Section 13.1 of the Workers' Compensation Act shall | 14 | | compile a list of
certified Commission arbitrators, each of | 15 | | whom shall be approved by at least
7 members of the Advisory | 16 | | Board. The chairman shall select 5 persons
from such list to | 17 | | serve as arbitrators under this subsection (m). By
agreement, | 18 | | the parties shall select one arbitrator from among the 5 | 19 | | persons
selected by the chairman except, that if the parties do | 20 | | not agree on an
arbitrator from among the 5 persons, the | 21 | | parties may, by agreement,
select an arbitrator of the American | 22 | | Arbitration Association, whose fee
shall be paid by the State | 23 | | in accordance with rules promulgated by the
Commission. | 24 | | Arbitration under this subsection (m) shall be voluntary.
| 25 | | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
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| 1 | | (820 ILCS 310/19a) (from Ch. 48, par. 172.54b)
| 2 | | Sec. 19a.
Money received by the Commission pursuant to | 3 | | subsection (f) of
Section 19 of this Act shall be paid into a | 4 | | trust fund outside the State
Treasury and shall be held in such | 5 | | fund until completion of the record for
which the payment was | 6 | | made. The Secretary of the Commission shall be
ex-officio | 7 | | custodian of such trust fund which shall be used only for the
| 8 | | purpose specified in this section. Upon completion of the | 9 | | record the
Secretary shall pay the amount so held to the person | 10 | | entitled thereto for
preparation of the record. Within 60 days | 11 | | after the effective date of this amendatory Act of the 98th | 12 | | General Assembly, the Secretary of the Commission shall | 13 | | transfer all remaining funds to the Injured Workers' Benefit | 14 | | Fund for the purpose of paying claims from injured employees | 15 | | who have received a final award for benefits from the | 16 | | Commission against the employer in Fiscal Year 2013.
| 17 | | (Source: Laws 1967, p. 325.)
| 18 | | (820 ILCS 310/19.5) (from Ch. 48, par. 172.54-1)
| 19 | | Sec. 19.5.
If the Commission shall, before or after any
| 20 | | hearing, proceeding, or review to any court, be satisfied that | 21 | | the employee
is a poor person, and unable to pay the costs and | 22 | | expenses provided for by
this Act, the Commission shall permit | 23 | | such poor person to have all the
rights and remedies provided | 24 | | by this Act, including the issuance and
service of subpoenas; a | 25 | | transcript of testimony and the record of
proceedings, |
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| 1 | | including photostatic copies of exhibits, at
hearings before an | 2 | | Arbitrator or the Commission; the right to have the
record of | 3 | | proceedings certified to the circuit court; the right to the
| 4 | | filing of a written request for summons; and the right to the
| 5 | | issuance of summons, without the filing of a bond for costs
and | 6 | | without the payment of any of the costs provided for by this | 7 | | Act. If
an award is granted to such employee, or settlement is | 8 | | made, the costs and
expenses chargeable to the employee as | 9 | | provided for by this Act shall be
paid by the employer out of | 10 | | the award herein granted, or settlement, before
any of the | 11 | | balance of the award or settlement is paid to the employee.
| 12 | | (Source: P.A. 86-998; 87-895.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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