Full Text of HB3390 98th General Assembly
HB3390sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/6/2013
| | 09800HB3390sam001 | | LRB098 07552 DRJ 45458 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3390
| 2 | | AMENDMENT NO. ______. Amend House Bill 3390 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Workers' Compensation Act is amended by | 5 | | changing Sections 5, 8, 8.1b, 9, 14, 15a, 16a, 19, 19a, and 20 | 6 | | as follows:
| 7 | | (820 ILCS 305/5) (from Ch. 48, par. 138.5)
| 8 | | (Text of Section WITHOUT the changes made by P.A. 89-7, | 9 | | which has been held
unconstitutional)
| 10 | | Sec. 5.
(a) No common law or statutory right to recover | 11 | | damages from the
employer, his insurer, his broker, any service | 12 | | organization that is wholly owned retained by the
employer, his | 13 | | insurer or his broker and that provides to provide safety | 14 | | service, advice or
recommendations for the employer or the | 15 | | agents or employees of any of them
for injury or death | 16 | | sustained by any employee while engaged in the line of
his duty |
| | | 09800HB3390sam001 | - 2 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | as such employee, other than the compensation herein provided, | 2 | | is
available to any employee who is covered by the provisions | 3 | | of this Act, to
any one wholly or partially dependent upon him, | 4 | | the legal representatives
of his estate, or any one otherwise | 5 | | entitled to recover damages for such
injury.
| 6 | | However, in any action now pending or hereafter begun to | 7 | | enforce a
common law or statutory right to recover damages for | 8 | | negligently causing
the injury or death of any employee it is | 9 | | not necessary to allege in the
complaint that either the | 10 | | employee or the employer or both were not
governed by the | 11 | | provisions of this Act or of any similar Act in force in
this | 12 | | or any other State.
| 13 | | Any illegally employed minor or his legal representatives | 14 | | shall, except
as hereinafter provided, have the right within 6 | 15 | | months after the time of
injury or death, or within 6 months | 16 | | after the appointment of a legal representative,
whichever | 17 | | shall be later, to file with the Commission a rejection of his
| 18 | | right to the benefits under this Act, in which case such | 19 | | illegally employed
minor or his legal representatives shall | 20 | | have the right to pursue his or
their common law or statutory | 21 | | remedies to recover damages for such injury or death.
| 22 | | No payment of compensation under this Act shall be made to | 23 | | an illegally
employed minor, or his legal representatives, | 24 | | unless such payment and the
waiver of his right to reject the
| 25 | | benefits of this Act has first
been approved by the Commission | 26 | | or any member thereof, and if such payment
and the waiver of |
| | | 09800HB3390sam001 | - 3 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | his right of rejection
has been so approved such payment is a | 2 | | bar to a subsequent rejection of the
provisions of this Act.
| 3 | | (b) Where the injury or death for which compensation is | 4 | | payable under
this Act was caused under circumstances creating | 5 | | a legal liability for
damages on the part of some person other | 6 | | than his employer to pay damages,
then legal proceedings may be | 7 | | taken against such other person to recover
damages | 8 | | notwithstanding such employer's payment of or liability to pay
| 9 | | compensation under this Act. In such case, however, if the | 10 | | action against
such other person is brought by the injured | 11 | | employee or his personal
representative and judgment is | 12 | | obtained and paid, or settlement is made
with such other | 13 | | person, either with or without suit, then from the amount
| 14 | | received by such employee or personal representative there | 15 | | shall be paid to
the employer the amount of compensation paid | 16 | | or to be paid by him to such
employee or personal | 17 | | representative including amounts paid or to be paid
pursuant to | 18 | | paragraph (a) of Section 8 of this Act.
| 19 | | Out of any reimbursement received by the employer pursuant | 20 | | to this
Section the employer shall pay his pro rata share of | 21 | | all costs and
reasonably necessary expenses in connection with | 22 | | such third-party claim,
action or suit and where the services | 23 | | of an attorney at law of the employee
or dependents have | 24 | | resulted in or substantially contributed to the
procurement by | 25 | | suit, settlement or otherwise of the proceeds out of which
the | 26 | | employer is reimbursed, then, in the absence of other |
| | | 09800HB3390sam001 | - 4 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | agreement, the
employer shall pay such attorney 25% of the | 2 | | gross amount of such
reimbursement.
| 3 | | If the injured employee or his personal representative | 4 | | agrees to receive
compensation from the employer or accept from | 5 | | the employer any payment on
account of such compensation, or to | 6 | | institute proceedings to recover the
same, the employer may | 7 | | have or claim a lien upon any award, judgment or
fund out of | 8 | | which such employee might be compensated from such third party.
| 9 | | In such actions brought by the employee or his personal | 10 | | representative,
he shall forthwith notify his employer by | 11 | | personal service or registered
mail, of such fact and of the | 12 | | name of the court in which the suit is
brought, filing proof | 13 | | thereof in the action. The employer may, at any time
thereafter | 14 | | join in the action upon his motion so that all orders of court
| 15 | | after hearing and judgment shall be made for his protection. No | 16 | | release or
settlement of claim for damages by reason of such | 17 | | injury or death, and no
satisfaction of judgment in such | 18 | | proceedings shall be valid without the
written consent of both | 19 | | employer and employee or his personal
representative, except in | 20 | | the case of the employers, such consent is not
required where | 21 | | the employer has been fully indemnified or protected by
Court | 22 | | order.
| 23 | | In the event the employee or his personal representative | 24 | | fails to
institute a proceeding against such third person at | 25 | | any time prior to 3
months before such action would be barred, | 26 | | the employer may in his own name
or in the name of the |
| | | 09800HB3390sam001 | - 5 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | employee, or his personal representative, commence a
| 2 | | proceeding against such other person for the recovery of | 3 | | damages on account
of such injury or death to the employee, and | 4 | | out of any amount recovered
the employer shall pay over to the | 5 | | injured employee or his personal
representatives all sums | 6 | | collected from such other person by judgment or
otherwise in | 7 | | excess of the amount of such compensation paid or to be paid
| 8 | | under this Act, including amounts paid or to be paid pursuant | 9 | | to paragraph
(a) of Section 8 of this Act, and costs, | 10 | | attorney's fees and reasonable
expenses as may be incurred by | 11 | | such employer in making such collection or
in enforcing such | 12 | | liability.
| 13 | | (Source: P.A. 79-79.)
| 14 | | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
| 15 | | Sec. 8. The amount of compensation which shall be paid to | 16 | | the
employee for an accidental injury not resulting in death | 17 | | is:
| 18 | | (a) The employer shall provide and pay the negotiated rate, | 19 | | if applicable, or the lesser of the health care provider's | 20 | | actual charges or according to a fee schedule, subject to | 21 | | Section 8.2, in effect at the time the service was rendered for | 22 | | all the necessary first
aid, medical and surgical services, and | 23 | | all necessary medical, surgical
and hospital services | 24 | | thereafter incurred, limited, however, to that
which is | 25 | | reasonably required to cure or relieve from the effects of the
|
| | | 09800HB3390sam001 | - 6 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | accidental injury, even if a health care provider sells, | 2 | | transfers, or otherwise assigns an account receivable for | 3 | | procedures, treatments, or services covered under this Act. If | 4 | | the employer does not dispute payment of first aid, medical, | 5 | | surgical,
and hospital services, the employer shall make such | 6 | | payment to the provider on behalf of the employee. The employer | 7 | | shall also pay for treatment,
instruction and training | 8 | | necessary for the physical, mental and
vocational | 9 | | rehabilitation of the employee, including all maintenance
| 10 | | costs and expenses incidental thereto. If as a result of the | 11 | | injury the
employee is unable to be self-sufficient the | 12 | | employer shall further pay
for such maintenance or | 13 | | institutional care as shall be required.
| 14 | | The employee may at any time elect to secure his own | 15 | | physician,
surgeon and hospital services at the employer's | 16 | | expense, or, | 17 | | Upon agreement between the employer and the employees, or | 18 | | the employees'
exclusive representative, and subject to the | 19 | | approval of the Illinois Workers' Compensation
Commission, the | 20 | | employer shall maintain a list of physicians, to be
known as a | 21 | | Panel of Physicians, who are accessible to the employees.
The | 22 | | employer shall post this list in a place or places easily | 23 | | accessible
to his employees. The employee shall have the right | 24 | | to make an
alternative choice of physician from such Panel if | 25 | | he is not satisfied
with the physician first selected. If, due | 26 | | to the nature of the injury
or its occurrence away from the |
| | | 09800HB3390sam001 | - 7 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | employer's place of business, the
employee is unable to make a | 2 | | selection from the Panel, the selection
process from the Panel | 3 | | shall not apply. The physician selected from the
Panel may | 4 | | arrange for any consultation, referral or other specialized
| 5 | | medical services outside the Panel at the employer's expense. | 6 | | Provided
that, in the event the Commission shall find that a | 7 | | doctor selected by
the employee is rendering improper or | 8 | | inadequate care, the Commission
may order the employee to | 9 | | select another doctor certified or qualified
in the medical | 10 | | field for which treatment is required. If the employee
refuses | 11 | | to make such change the Commission may relieve the employer of
| 12 | | his obligation to pay the doctor's charges from the date of | 13 | | refusal to
the date of compliance.
| 14 | | Any vocational rehabilitation counselors who provide | 15 | | service under this Act shall have
appropriate certifications | 16 | | which designate the counselor as qualified to render
opinions | 17 | | relating to vocational rehabilitation. Vocational | 18 | | rehabilitation
may include, but is not limited to, counseling | 19 | | for job searches, supervising
a job search program, and | 20 | | vocational retraining including education at an
accredited | 21 | | learning institution. The employee or employer may petition to | 22 | | the Commission to decide disputes relating to vocational | 23 | | rehabilitation and the Commission shall resolve any such | 24 | | dispute, including payment of the vocational rehabilitation | 25 | | program by the employer. | 26 | | The maintenance benefit shall not be less than the |
| | | 09800HB3390sam001 | - 8 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | temporary total disability
rate determined for the employee. In | 2 | | addition, maintenance shall include costs
and expenses | 3 | | incidental to the vocational rehabilitation program. | 4 | | When the employee is working light duty on a part-time | 5 | | basis or full-time
basis
and earns less than he or she would be | 6 | | earning if employed in the full capacity
of the job or jobs, | 7 | | then the employee shall be entitled to temporary partial | 8 | | disability benefits. Temporary partial disability benefits | 9 | | shall be
equal to two-thirds of
the difference between the | 10 | | average amount that the employee would be able to
earn in the | 11 | | full performance of his or her duties in the occupation in | 12 | | which he
or she was engaged at the time of accident and the | 13 | | gross amount which he or she
is
earning in the modified job | 14 | | provided to the employee by the employer or in any other job | 15 | | that the employee is working. | 16 | | Every hospital, physician, surgeon or other person | 17 | | rendering
treatment or services in accordance with the | 18 | | provisions of this Section
shall upon written request furnish | 19 | | full and complete reports thereof to,
and permit their records | 20 | | to be copied by, the employer, the employee or
his dependents, | 21 | | as the case may be, or any other party to any proceeding
for | 22 | | compensation before the Commission, or their attorneys.
| 23 | | Notwithstanding the foregoing, the employer's liability to | 24 | | pay for such
medical services selected by the employee shall be | 25 | | limited to:
| 26 | | (1) all first aid and emergency treatment; plus
|
| | | 09800HB3390sam001 | - 9 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | (2) all medical, surgical and hospital services | 2 | | provided by the
physician, surgeon or hospital initially | 3 | | chosen by the employee or by any
other physician, | 4 | | consultant, expert, institution or other provider of
| 5 | | services recommended by said initial service provider or | 6 | | any subsequent
provider of medical services in the chain of | 7 | | referrals from said
initial service provider; plus
| 8 | |
(3) all medical, surgical and hospital services | 9 | | provided by any second
physician, surgeon or hospital | 10 | | subsequently chosen by the employee or by
any other | 11 | | physician, consultant, expert, institution or other | 12 | | provider of
services recommended by said second service | 13 | | provider or any subsequent provider
of medical services in | 14 | | the chain of referrals
from said second service provider. | 15 | | Thereafter the employer shall select
and pay for all | 16 | | necessary medical, surgical and hospital treatment and the
| 17 | | employee may not select a provider of medical services at | 18 | | the employer's
expense unless the employer agrees to such | 19 | | selection. At any time the employee
may obtain any medical | 20 | | treatment he desires at his own expense. This paragraph
| 21 | | shall not affect the duty to pay for rehabilitation | 22 | | referred to above.
| 23 | | (4) The following shall apply for injuries occurring on | 24 | | or after June 28, 2011 (the effective date of Public Act | 25 | | 97-18) and only when an employer has an approved preferred | 26 | | provider program pursuant to Section 8.1a on the date the |
| | | 09800HB3390sam001 | - 10 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | employee sustained his or her accidental injuries: | 2 | | (A) The employer shall, in writing, on a form | 3 | | promulgated by the Commission, inform the employee of | 4 | | the preferred provider program; | 5 | | (B) Subsequent to the report of an injury by an | 6 | | employee, the employee may choose in writing at any | 7 | | time to decline the preferred provider program, in | 8 | | which case that would constitute one of the two choices | 9 | | of medical providers to which the employee is entitled | 10 | | under subsection (a)(2) or (a)(3); and | 11 | | (C) Prior to the report of an injury by an | 12 | | employee, when an employee chooses non-emergency | 13 | | treatment from a provider not within the preferred | 14 | | provider program, that would constitute the employee's | 15 | | one choice of medical providers to which the employee | 16 | | is entitled under subsection (a)(2) or (a)(3). | 17 | | When an employer and employee so agree in writing, nothing | 18 | | in this
Act prevents an employee whose injury or disability has | 19 | | been established
under this Act, from relying in good faith, on | 20 | | treatment by prayer or
spiritual means alone, in accordance | 21 | | with the tenets and practice of a
recognized church or | 22 | | religious denomination, by a duly accredited
practitioner | 23 | | thereof, and having nursing services appropriate therewith,
| 24 | | without suffering loss or diminution of the compensation | 25 | | benefits under
this Act. However, the employee shall submit to | 26 | | all physical
examinations required by this Act. The cost of |
| | | 09800HB3390sam001 | - 11 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | such treatment and
nursing care shall be paid by the employee | 2 | | unless the employer agrees to
make such payment.
| 3 | | Where the accidental injury results in the amputation of an | 4 | | arm,
hand, leg or foot, or the enucleation of an eye, or the | 5 | | loss of any of
the natural teeth, the employer shall furnish an | 6 | | artificial of any such
members lost or damaged in accidental | 7 | | injury arising out of and in the
course of employment, and | 8 | | shall also furnish the necessary braces in all
proper and | 9 | | necessary cases. In cases of the loss of a member or members
by | 10 | | amputation, the employer shall, whenever necessary, maintain | 11 | | in good
repair, refit or replace the artificial limbs during | 12 | | the lifetime of the
employee. Where the accidental injury | 13 | | accompanied by physical injury
results in damage to a denture, | 14 | | eye glasses or contact eye lenses, or
where the accidental | 15 | | injury results in damage to an artificial member,
the employer | 16 | | shall replace or repair such denture, glasses, lenses, or
| 17 | | artificial member.
| 18 | | The furnishing by the employer of any such services or | 19 | | appliances is
not an admission of liability on the part of the | 20 | | employer to pay
compensation.
| 21 | | The furnishing of any such services or appliances or the | 22 | | servicing
thereof by the employer is not the payment of | 23 | | compensation.
| 24 | | (b) If the period of temporary total incapacity for work | 25 | | lasts more
than 3 working days, weekly compensation as | 26 | | hereinafter provided shall
be paid beginning on the 4th day of |
| | | 09800HB3390sam001 | - 12 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | such temporary total incapacity and
continuing as long as the | 2 | | total temporary incapacity lasts. In cases
where the temporary | 3 | | total incapacity for work continues for a period of
14 days or | 4 | | more from the day of the accident compensation shall commence
| 5 | | on the day after the accident.
| 6 | | 1. The compensation rate for temporary total | 7 | | incapacity under this
paragraph (b) of this Section shall | 8 | | be equal to 66 2/3% of the
employee's average weekly wage | 9 | | computed in accordance with Section 10,
provided that it | 10 | | shall be not less than 66 2/3% of the sum of the Federal | 11 | | minimum wage under the Fair Labor
Standards Act, or the | 12 | | Illinois minimum wage under the Minimum Wage Law,
whichever | 13 | | is more, multiplied by 40 hours. This percentage rate shall | 14 | | be
increased by 10% for each spouse and child, not to | 15 | | exceed 100% of the total
minimum wage calculation,
| 16 | | nor exceed the employee's average weekly wage computed in | 17 | | accordance
with the provisions of Section 10, whichever is | 18 | | less.
| 19 | | 2. The compensation rate in all cases other than for | 20 | | temporary total
disability under this paragraph (b), and | 21 | | other than for serious and
permanent disfigurement under | 22 | | paragraph (c) and other than for permanent
partial | 23 | | disability under subparagraph (2) of paragraph (d) or under
| 24 | | paragraph (e), of this Section shall be equal to 66
2/3% of | 25 | | the employee's average weekly wage computed in accordance | 26 | | with
the provisions of Section 10, provided that it shall |
| | | 09800HB3390sam001 | - 13 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | be not less than
66 2/3% of the sum of the Federal minimum | 2 | | wage under the Fair Labor Standards Act, or the Illinois | 3 | | minimum wage under the Minimum Wage Law, whichever is more, | 4 | | multiplied by 40 hours. This percentage rate shall be | 5 | | increased by 10% for each spouse and child, not to exceed | 6 | | 100% of the total minimum wage calculation,
| 7 | | nor exceed the employee's average weekly wage computed in | 8 | | accordance
with the provisions of Section 10, whichever is | 9 | | less.
| 10 | | 2.1. The compensation rate in all cases of serious and | 11 | | permanent
disfigurement under paragraph (c) and of | 12 | | permanent partial disability
under subparagraph (2) of | 13 | | paragraph (d) or under paragraph (e) of this
Section shall | 14 | | be equal to
60% of the employee's average
weekly wage | 15 | | computed in accordance with
the provisions of Section 10, | 16 | | provided that it shall be not less than
66 2/3% of the sum | 17 | | of the Federal minimum wage under the Fair Labor Standards | 18 | | Act, or the Illinois minimum wage under the Minimum Wage | 19 | | Law, whichever is more, multiplied by 40 hours. This | 20 | | percentage rate shall be increased by 10% for each spouse | 21 | | and child, not to exceed 100% of the total minimum wage | 22 | | calculation,
| 23 | | nor exceed the employee's average weekly wage computed in | 24 | | accordance
with the provisions of Section 10, whichever is | 25 | | less.
| 26 | | 3. As used in this Section the term "child" means a |
| | | 09800HB3390sam001 | - 14 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | child of the
employee including any child legally adopted | 2 | | before the accident or whom
at the time of the accident the | 3 | | employee was under legal obligation to
support or to whom | 4 | | the employee stood in loco parentis, and who at the
time of | 5 | | the accident was under 18 years of age and not emancipated. | 6 | | The
term "children" means the plural of "child".
| 7 | | 4. All weekly compensation rates provided under | 8 | | subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | 9 | | Section shall be subject to the
following limitations:
| 10 | | The maximum weekly compensation rate from July 1, 1975, | 11 | | except as
hereinafter provided, shall be 100% of the | 12 | | State's average weekly wage in
covered industries under the | 13 | | Unemployment Insurance Act, that being the
wage that most | 14 | | closely approximates the State's average weekly wage.
| 15 | | The maximum weekly compensation rate, for the period | 16 | | July 1, 1984,
through June 30, 1987, except as hereinafter | 17 | | provided, shall be $293.61.
Effective July 1, 1987 and on | 18 | | July 1 of each year thereafter the maximum
weekly | 19 | | compensation rate, except as hereinafter provided, shall | 20 | | be
determined as follows: if during the preceding 12 month | 21 | | period there shall
have been an increase in the State's | 22 | | average weekly wage in covered
industries under the | 23 | | Unemployment Insurance Act, the weekly compensation
rate | 24 | | shall be proportionately increased by the same percentage | 25 | | as the
percentage of increase in the State's average weekly | 26 | | wage in covered
industries under the Unemployment |
| | | 09800HB3390sam001 | - 15 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Insurance Act during such period.
| 2 | | The maximum weekly compensation rate, for the period | 3 | | January 1, 1981
through December 31, 1983, except as | 4 | | hereinafter provided, shall be 100% of
the State's average | 5 | | weekly wage in covered industries under the
Unemployment | 6 | | Insurance Act in effect on January 1, 1981. Effective | 7 | | January
1, 1984 and on January 1, of each year thereafter | 8 | | the maximum weekly
compensation rate, except as | 9 | | hereinafter provided, shall be determined as
follows: if | 10 | | during the preceding 12 month period there shall have been | 11 | | an
increase in the State's average weekly wage in covered | 12 | | industries under the
Unemployment Insurance Act, the | 13 | | weekly compensation rate shall be
proportionately | 14 | | increased by the same percentage as the percentage of
| 15 | | increase in the State's average weekly wage in covered | 16 | | industries under the
Unemployment Insurance Act during | 17 | | such period.
| 18 | | From July 1, 1977 and thereafter such maximum weekly | 19 | | compensation
rate in death cases under Section 7, and | 20 | | permanent total disability
cases under paragraph (f) or | 21 | | subparagraph 18 of paragraph (3) of this
Section and for | 22 | | temporary total disability under paragraph (b) of this
| 23 | | Section and for amputation of a member or enucleation of an | 24 | | eye under
paragraph (e) of this Section shall be increased | 25 | | to 133-1/3% of the
State's average weekly wage in covered | 26 | | industries under the
Unemployment Insurance Act.
|
| | | 09800HB3390sam001 | - 16 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | For injuries occurring on or after February 1, 2006, | 2 | | the maximum weekly benefit under paragraph (d)1 of this | 3 | | Section shall be 100% of the State's average weekly wage in | 4 | | covered industries under the Unemployment Insurance Act.
| 5 | | 4.1. Any provision herein to the contrary | 6 | | notwithstanding, the
weekly compensation rate for | 7 | | compensation payments under subparagraph 18
of paragraph | 8 | | (e) of this Section and under paragraph (f) of this
Section | 9 | | and under paragraph (a) of Section 7 and for amputation of | 10 | | a member or enucleation of an eye under paragraph (e) of | 11 | | this Section, shall in no event be less
than 50% of the | 12 | | State's average weekly wage in covered industries under
the | 13 | | Unemployment Insurance Act.
| 14 | | 4.2. Any provision to the contrary notwithstanding, | 15 | | the total
compensation payable under Section 7 shall not | 16 | | exceed the greater of $500,000
or 25
years.
| 17 | | 5. For the purpose of this Section this State's average | 18 | | weekly wage
in covered industries under the Unemployment | 19 | | Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | 20 | | per
week and the computation of compensation rates shall be | 21 | | based on the
aforesaid average weekly wage until modified | 22 | | as hereinafter provided.
| 23 | | 6. The Department of Employment Security of the State | 24 | | shall
on or before the first day of December, 1977, and on | 25 | | or before the first
day of June, 1978, and on the first day | 26 | | of each December and June of each
year thereafter, publish |
| | | 09800HB3390sam001 | - 17 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | the State's average weekly wage in covered
industries under | 2 | | the Unemployment Insurance Act and the Illinois Workers' | 3 | | Compensation
Commission shall on the 15th day of January, | 4 | | 1978 and on the 15th day of
July, 1978 and on the 15th day | 5 | | of each January and July of each year
thereafter, post and | 6 | | publish the State's average weekly wage in covered
| 7 | | industries under the Unemployment Insurance Act as last | 8 | | determined and
published by the Department of Employment | 9 | | Security. The amount when so
posted and published shall be | 10 | | conclusive and shall be applicable as the
basis of | 11 | | computation of compensation rates until the next posting | 12 | | and
publication as aforesaid.
| 13 | | 7. The payment of compensation by an employer or his | 14 | | insurance
carrier to an injured employee shall not | 15 | | constitute an admission of the
employer's liability to pay | 16 | | compensation.
| 17 | | (c) For any serious and permanent disfigurement to the | 18 | | hand, head,
face, neck, arm, leg below the knee or the chest | 19 | | above the axillary
line, the employee is entitled to | 20 | | compensation for such disfigurement,
the amount determined by | 21 | | agreement at any time or by arbitration under
this Act, at a | 22 | | hearing not less than 6 months after the date of the
accidental | 23 | | injury, which amount shall not exceed 150 weeks (if the | 24 | | accidental injury occurs on or after the effective date of this | 25 | | amendatory Act of the 94th General Assembly
but before February
| 26 | | 1, 2006) or 162
weeks (if the accidental injury occurs on or |
| | | 09800HB3390sam001 | - 18 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | after February
1, 2006) at the
applicable rate provided in | 2 | | subparagraph 2.1 of paragraph (b) of this Section.
| 3 | | No compensation is payable under this paragraph where | 4 | | compensation is
payable under paragraphs (d), (e) or (f) of | 5 | | this Section.
| 6 | | A duly appointed member of a fire department in a city, the | 7 | | population of
which exceeds 500,000 according to the last | 8 | | federal or State census, is
eligible for compensation under | 9 | | this paragraph only where such serious and
permanent | 10 | | disfigurement results from burns.
| 11 | | (d) 1. If, after the accidental injury has been sustained, | 12 | | the
employee as a result thereof becomes partially | 13 | | incapacitated from
pursuing his usual and customary line of | 14 | | employment, he shall, except in
cases compensated under the | 15 | | specific schedule set forth in paragraph (e)
of this Section, | 16 | | receive compensation for the duration of his
disability, | 17 | | subject to the limitations as to maximum amounts fixed in
| 18 | | paragraph (b) of this Section, equal to 66-2/3% of the | 19 | | difference
between the average amount which he would be able to | 20 | | earn in the full
performance of his duties in the occupation in | 21 | | which he was engaged at
the time of the accident and the | 22 | | average amount which he is earning or
is able to earn in some | 23 | | suitable employment or business after the accident. For | 24 | | accidental injuries that occur on or after September 1, 2011, | 25 | | an award for wage differential under this subsection shall be | 26 | | effective only until the employee reaches the age of 67 or 5 |
| | | 09800HB3390sam001 | - 19 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | years from the date the award becomes final, whichever is | 2 | | later.
| 3 | | 2. If, as a result of the accident, the employee sustains | 4 | | serious
and permanent injuries not covered by paragraphs (c) | 5 | | and (e) of this
Section or having sustained injuries covered by | 6 | | the aforesaid
paragraphs (c) and (e), he shall have sustained | 7 | | in addition thereto
other injuries which injuries do not | 8 | | incapacitate him from pursuing the
duties of his employment but | 9 | | which would disable him from pursuing other
suitable | 10 | | occupations, or which have otherwise resulted in physical
| 11 | | impairment; or if such injuries partially incapacitate him from | 12 | | pursuing
the duties of his usual and customary line of | 13 | | employment but do not
result in an impairment of earning | 14 | | capacity, or having resulted in an
impairment of earning | 15 | | capacity, the employee elects to waive his right
to recover | 16 | | under the foregoing subparagraph 1 of paragraph (d) of this
| 17 | | Section then in any of the foregoing events, he shall receive | 18 | | in
addition to compensation for temporary total disability | 19 | | under paragraph
(b) of this Section, compensation at the rate | 20 | | provided in subparagraph 2.1
of paragraph (b) of this Section | 21 | | for that percentage of 500 weeks that
the partial disability | 22 | | resulting from the injuries covered by this
paragraph bears to | 23 | | total disability. If the employee shall have
sustained a | 24 | | fracture of one or more vertebra or fracture of the skull,
the | 25 | | amount of compensation allowed under this Section shall be not | 26 | | less
than 6 weeks for a fractured skull and 6 weeks for each |
| | | 09800HB3390sam001 | - 20 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | fractured
vertebra, and in the event the employee shall have | 2 | | sustained a fracture
of any of the following facial bones: | 3 | | nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | 4 | | mandible, the amount of compensation allowed under
this Section | 5 | | shall be not less than 2 weeks for each such fractured
bone, | 6 | | and for a fracture of each transverse process not less than 3
| 7 | | weeks. In the event such injuries shall result in the loss of a | 8 | | kidney,
spleen or lung, the amount of compensation allowed | 9 | | under this Section
shall be not less than 10 weeks for each | 10 | | such organ. Compensation
awarded under this subparagraph 2 | 11 | | shall not take into consideration
injuries covered under | 12 | | paragraphs (c) and (e) of this Section and the
compensation | 13 | | provided in this paragraph shall not affect the employee's
| 14 | | right to compensation payable under paragraphs (b), (c) and (e) | 15 | | of this
Section for the disabilities therein covered.
| 16 | | (e) For accidental injuries in the following schedule, the | 17 | | employee
shall receive compensation for the period of temporary | 18 | | total incapacity
for work resulting from such accidental | 19 | | injury, under subparagraph 1 of
paragraph (b) of this Section, | 20 | | and shall receive in addition thereto
compensation for a | 21 | | further period for the specific loss herein
mentioned, but | 22 | | shall not receive any compensation under any other
provisions | 23 | | of this Act. The following listed amounts apply to either
the | 24 | | loss of or the permanent and complete loss of use of the member
| 25 | | specified, such compensation for the length of time as follows:
| 26 | | 1. Thumb- |
| | | 09800HB3390sam001 | - 21 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | 70 weeks if the accidental injury occurs on or | 2 | | after the effective date of this amendatory Act of the | 3 | | 94th General Assembly
but before February
1, 2006.
| 4 | | 76
weeks if the accidental injury occurs on or | 5 | | after February
1, 2006.
| 6 | | 2. First, or index finger- | 7 | | 40 weeks if the accidental injury occurs on or | 8 | | after the effective date of this amendatory Act of the | 9 | | 94th General Assembly
but before February
1, 2006.
| 10 | | 43
weeks if the accidental injury occurs on or | 11 | | after February
1, 2006.
| 12 | | 3. Second, or middle finger- | 13 | | 35 weeks if the accidental injury occurs on or | 14 | | after the effective date of this amendatory Act of the | 15 | | 94th General Assembly
but before February
1, 2006.
| 16 | | 38
weeks if the accidental injury occurs on or | 17 | | after February
1, 2006.
| 18 | | 4. Third, or ring finger- | 19 | | 25 weeks if the accidental injury occurs on or | 20 | | after the effective date of this amendatory Act of the | 21 | | 94th General Assembly
but before February
1, 2006.
| 22 | | 27
weeks if the accidental injury occurs on or | 23 | | after February
1, 2006.
| 24 | | 5. Fourth, or little finger- | 25 | | 20 weeks if the accidental injury occurs on or | 26 | | after the effective date of this amendatory Act of the |
| | | 09800HB3390sam001 | - 22 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | 94th General Assembly
but before February
1, 2006.
| 2 | | 22
weeks if the accidental injury occurs on or | 3 | | after February
1, 2006.
| 4 | | 6. Great toe- | 5 | | 35 weeks if the accidental injury occurs on or | 6 | | after the effective date of this amendatory Act of the | 7 | | 94th General Assembly
but before February
1, 2006.
| 8 | | 38
weeks if the accidental injury occurs on or | 9 | | after February
1, 2006.
| 10 | | 7. Each toe other than great toe- | 11 | | 12 weeks if the accidental injury occurs on or | 12 | | after the effective date of this amendatory Act of the | 13 | | 94th General Assembly
but before February
1, 2006.
| 14 | | 13
weeks if the accidental injury occurs on or | 15 | | after February
1, 2006.
| 16 | | 8. The loss of the first or distal phalanx of the thumb | 17 | | or of any
finger or toe shall be considered to be equal to | 18 | | the loss of one-half of
such thumb, finger or toe and the | 19 | | compensation payable shall be one-half
of the amount above | 20 | | specified. The loss of more than one phalanx shall
be | 21 | | considered as the loss of the entire thumb, finger or toe. | 22 | | In no
case shall the amount received for more than one | 23 | | finger exceed the
amount provided in this schedule for the | 24 | | loss of a hand.
| 25 | | 9. Hand- | 26 | | 190 weeks if the accidental injury occurs on or |
| | | 09800HB3390sam001 | - 23 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | after the effective date of this amendatory Act of the | 2 | | 94th General Assembly
but before February
1, 2006.
| 3 | | 205
weeks if the accidental injury occurs on or | 4 | | after February
1, 2006. | 5 | | 190 weeks if the accidental injury occurs on or | 6 | | after June 28, 2011 (the effective date of Public Act | 7 | | 97-18) and if the accidental injury involves carpal | 8 | | tunnel syndrome due to repetitive or cumulative | 9 | | trauma, in which case the permanent partial disability | 10 | | shall not exceed 15% loss of use of the hand, except | 11 | | for cause shown by clear and convincing evidence and in | 12 | | which case the award shall not exceed 30% loss of use | 13 | | of the hand. | 14 | | The loss of 2 or more digits, or one or more
phalanges | 15 | | of 2 or more digits, of a hand may be compensated on the | 16 | | basis
of partial loss of use of a hand, provided, further, | 17 | | that the loss of 4
digits, or the loss of use of 4 digits, | 18 | | in the same hand shall
constitute the complete loss of a | 19 | | hand.
| 20 | | 10. Arm- | 21 | | 235 weeks if the accidental injury occurs on or | 22 | | after the effective date of this amendatory Act of the | 23 | | 94th General Assembly
but before February
1, 2006.
| 24 | | 253
weeks if the accidental injury occurs on or | 25 | | after February
1, 2006. | 26 | | Where an accidental injury results in the
amputation of |
| | | 09800HB3390sam001 | - 24 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | an arm below the elbow, such injury shall be compensated
as | 2 | | a loss of an arm. Where an accidental injury results in the
| 3 | | amputation of an arm above the elbow, compensation for an | 4 | | additional 15 weeks (if the accidental injury occurs on or | 5 | | after the effective date of this amendatory Act of the 94th | 6 | | General Assembly
but before February
1, 2006) or an | 7 | | additional 17
weeks (if the accidental injury occurs on or | 8 | | after February
1, 2006) shall be paid, except where the | 9 | | accidental injury results in the
amputation of an arm at | 10 | | the shoulder joint, or so close to shoulder
joint that an | 11 | | artificial arm cannot be used, or results in the
| 12 | | disarticulation of an arm at the shoulder joint, in which | 13 | | case
compensation for an additional 65 weeks (if the | 14 | | accidental injury occurs on or after the effective date of | 15 | | this amendatory Act of the 94th General Assembly
but before | 16 | | February
1, 2006) or an additional 70
weeks (if the | 17 | | accidental injury occurs on or after February
1, 2006)
| 18 | | shall be paid. For purposes of awards under this | 19 | | subdivision (e), injuries to the shoulder shall be | 20 | | considered to be injuries to part of the arm. This | 21 | | amendatory Act of the 98th General Assembly is declarative | 22 | | of existing law and is not a new enactment.
| 23 | | 11. Foot- | 24 | | 155 weeks if the accidental injury occurs on or | 25 | | after the effective date of this amendatory Act of the | 26 | | 94th General Assembly
but before February
1, 2006.
|
| | | 09800HB3390sam001 | - 25 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | 167
weeks if the accidental injury occurs on or | 2 | | after February
1, 2006.
| 3 | | 12. Leg- | 4 | | 200 weeks if the accidental injury occurs on or | 5 | | after the effective date of this amendatory Act of the | 6 | | 94th General Assembly
but before February
1, 2006.
| 7 | | 215
weeks if the accidental injury occurs on or | 8 | | after February
1, 2006. | 9 | | Where an accidental injury results in the
amputation of | 10 | | a leg below the knee, such injury shall be compensated as
| 11 | | loss of a leg. Where an accidental injury results in the | 12 | | amputation of a
leg above the knee, compensation for an | 13 | | additional 25 weeks (if the accidental injury occurs on or | 14 | | after the effective date of this amendatory Act of the 94th | 15 | | General Assembly
but before February
1, 2006) or an | 16 | | additional 27
weeks (if the accidental injury occurs on or | 17 | | after February
1, 2006) shall be
paid, except where the | 18 | | accidental injury results in the amputation of a
leg at the | 19 | | hip joint, or so close to the hip joint that an artificial
| 20 | | leg cannot be used, or results in the disarticulation of a | 21 | | leg at the
hip joint, in which case compensation for an | 22 | | additional 75 weeks (if the accidental injury occurs on or | 23 | | after the effective date of this amendatory Act of the 94th | 24 | | General Assembly
but before February
1, 2006) or an | 25 | | additional 81
weeks (if the accidental injury occurs on or | 26 | | after February
1, 2006) shall
be paid.
|
| | | 09800HB3390sam001 | - 26 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | 13. Eye- | 2 | | 150 weeks if the accidental injury occurs on or | 3 | | after the effective date of this amendatory Act of the | 4 | | 94th General Assembly
but before February
1, 2006.
| 5 | | 162
weeks if the accidental injury occurs on or | 6 | | after February
1, 2006. | 7 | | Where an accidental injury results in the
enucleation | 8 | | of an eye, compensation for an additional 10 weeks (if the | 9 | | accidental injury occurs on or after the effective date of | 10 | | this amendatory Act of the 94th General Assembly
but before | 11 | | February
1, 2006) or an additional 11
weeks (if the | 12 | | accidental injury occurs on or after February
1, 2006)
| 13 | | shall be
paid.
| 14 | | 14. Loss of hearing of one ear- | 15 | | 50 weeks if the accidental injury occurs on or | 16 | | after the effective date of this amendatory Act of the | 17 | | 94th General Assembly
but before February
1, 2006.
| 18 | | 54
weeks if the accidental injury occurs on or | 19 | | after February
1, 2006.
| 20 | | Total and permanent loss of
hearing of both ears- | 21 | | 200 weeks if the accidental injury occurs on or | 22 | | after the effective date of this amendatory Act of the | 23 | | 94th General Assembly
but before February
1, 2006. | 24 | | 215
weeks if the accidental injury occurs on or | 25 | | after February
1, 2006.
| 26 | | 15. Testicle- |
| | | 09800HB3390sam001 | - 27 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | 50 weeks if the accidental injury occurs on or | 2 | | after the effective date of this amendatory Act of the | 3 | | 94th General Assembly
but before February
1, 2006.
| 4 | | 54
weeks if the accidental injury occurs on or | 5 | | after February
1, 2006.
| 6 | | Both testicles- | 7 | | 150 weeks if the accidental injury occurs on or | 8 | | after the effective date of this amendatory Act of the | 9 | | 94th General Assembly
but before February
1, 2006.
| 10 | | 162
weeks if the accidental injury occurs on or | 11 | | after February
1, 2006.
| 12 | | 16. For the permanent partial loss of use of a member | 13 | | or sight of an
eye, or hearing of an ear, compensation | 14 | | during that proportion of the
number of weeks in the | 15 | | foregoing schedule provided for the loss of such
member or | 16 | | sight of an eye, or hearing of an ear, which the partial | 17 | | loss
of use thereof bears to the total loss of use of such | 18 | | member, or sight
of eye, or hearing of an ear.
| 19 | | (a) Loss of hearing for compensation purposes | 20 | | shall be
confined to the frequencies of 1,000, 2,000 | 21 | | and 3,000 cycles per second.
Loss of hearing ability | 22 | | for frequency tones above 3,000 cycles per second
are | 23 | | not to be considered as constituting disability for | 24 | | hearing.
| 25 | | (b) The percent of hearing loss, for purposes of | 26 | | the
determination of compensation claims for |
| | | 09800HB3390sam001 | - 28 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | occupational deafness,
shall be calculated as the | 2 | | average in decibels for the thresholds
of hearing for | 3 | | the frequencies of 1,000, 2,000 and 3,000 cycles per | 4 | | second.
Pure tone air conduction audiometric | 5 | | instruments, approved by
nationally recognized | 6 | | authorities in this field, shall be used for measuring
| 7 | | hearing loss. If the losses of hearing average 30 | 8 | | decibels or less in the
3 frequencies, such losses of | 9 | | hearing shall not then constitute any
compensable | 10 | | hearing disability. If the losses of hearing average 85
| 11 | | decibels or more in the 3 frequencies, then the same | 12 | | shall constitute and
be total or 100% compensable | 13 | | hearing loss.
| 14 | | (c) In measuring hearing impairment, the lowest | 15 | | measured
losses in each of the 3 frequencies shall be | 16 | | added together and
divided by 3 to determine the | 17 | | average decibel loss. For every decibel
of loss | 18 | | exceeding 30 decibels an allowance of 1.82% shall be | 19 | | made up to
the maximum of 100% which is reached at 85 | 20 | | decibels.
| 21 | | (d) If a hearing loss is established to have | 22 | | existed on July 1, 1975 by
audiometric testing the | 23 | | employer shall not be liable for the previous loss
so | 24 | | established nor shall he be liable for any loss for | 25 | | which compensation
has been paid or awarded.
| 26 | | (e) No consideration shall be given to the question |
| | | 09800HB3390sam001 | - 29 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | of
whether or not the ability of an employee to | 2 | | understand speech
is improved by the use of a hearing | 3 | | aid.
| 4 | | (f) No claim for loss of hearing due to industrial | 5 | | noise
shall be brought against an employer or allowed | 6 | | unless the employee has
been exposed for a period of | 7 | | time sufficient to cause permanent impairment
to noise | 8 | | levels in excess of the following:
|
|
9 | | Sound Level DBA |
|
|
10 | | Slow Response |
Hours Per Day |
|
11 | | 90 |
8 |
|
12 | | 92 |
6 |
|
13 | | 95 |
4 |
|
14 | | 97 |
3 |
|
15 | | 100 |
2 |
|
16 | | 102 |
1-1/2 |
|
17 | | 105 |
1 |
|
18 | | 110 |
1/2 |
|
19 | | 115 |
1/4 |
|
20 | | This subparagraph (f) shall not be applied in cases of | 21 | | hearing loss
resulting from trauma or explosion.
| 22 | | 17. In computing the compensation to be paid to any | 23 | | employee who,
before the accident for which he claims | 24 | | compensation, had before that
time sustained an injury | 25 | | resulting in the loss by amputation or partial
loss by | 26 | | amputation of any member, including hand, arm, thumb or |
| | | 09800HB3390sam001 | - 30 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | fingers,
leg, foot or any toes, such loss or partial loss | 2 | | of any such member
shall be deducted from any award made | 3 | | for the subsequent injury. For
the permanent loss of use or | 4 | | the permanent partial loss of use of any
such member or the | 5 | | partial loss of sight of an eye, for which
compensation has | 6 | | been paid, then such loss shall be taken into
consideration | 7 | | and deducted from any award for the subsequent injury.
| 8 | | 18. The specific case of loss of both hands, both arms, | 9 | | or both
feet, or both legs, or both eyes, or of any two | 10 | | thereof, or the
permanent and complete loss of the use | 11 | | thereof, constitutes total and
permanent disability, to be | 12 | | compensated according to the compensation
fixed by | 13 | | paragraph (f) of this Section. These specific cases of | 14 | | total
and permanent disability do not exclude other cases.
| 15 | | Any employee who has previously suffered the loss or | 16 | | permanent and
complete loss of the use of any of such | 17 | | members, and in a subsequent
independent accident loses | 18 | | another or suffers the permanent and complete
loss of the | 19 | | use of any one of such members the employer for whom the
| 20 | | injured employee is working at the time of the last | 21 | | independent accident
is liable to pay compensation only for | 22 | | the loss or permanent and
complete loss of the use of the | 23 | | member occasioned by the last
independent accident.
| 24 | | 19. In a case of specific loss and the subsequent death | 25 | | of such
injured employee from other causes than such injury | 26 | | leaving a widow,
widower, or dependents surviving before |
| | | 09800HB3390sam001 | - 31 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | payment or payment in full for
such injury, then the amount | 2 | | due for such injury is payable to the widow
or widower and, | 3 | | if there be no widow or widower, then to such
dependents, | 4 | | in the proportion which such dependency bears to total
| 5 | | dependency.
| 6 | | Beginning July 1, 1980, and every 6 months thereafter, the | 7 | | Commission
shall examine the Second Injury Fund and when, after | 8 | | deducting all
advances or loans made to such Fund, the amount | 9 | | therein is $500,000
then the amount required to be paid by | 10 | | employers pursuant to paragraph
(f) of Section 7 shall be | 11 | | reduced by one-half. When the Second Injury Fund
reaches the | 12 | | sum of $600,000 then the payments shall cease entirely.
| 13 | | However, when the Second Injury Fund has been reduced to | 14 | | $400,000, payment
of one-half of the amounts required by | 15 | | paragraph (f) of Section 7
shall be resumed, in the manner | 16 | | herein provided, and when the Second Injury
Fund has been | 17 | | reduced to $300,000, payment of the full amounts required by
| 18 | | paragraph (f) of Section 7 shall be resumed, in the manner | 19 | | herein provided.
The Commission shall make the changes in | 20 | | payment effective by
general order, and the changes in payment | 21 | | become immediately effective
for all cases coming before the | 22 | | Commission thereafter either by
settlement agreement or final | 23 | | order, irrespective of the date of the
accidental injury.
| 24 | | On August 1, 1996 and on February 1 and August 1 of each | 25 | | subsequent year, the Commission
shall examine the special fund | 26 | | designated as the "Rate
Adjustment Fund" and when, after |
| | | 09800HB3390sam001 | - 32 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | deducting all advances or loans made to
said fund, the amount | 2 | | therein is $4,000,000, the amount required to be
paid by | 3 | | employers pursuant to paragraph (f) of Section 7 shall be
| 4 | | reduced by one-half. When the Rate Adjustment Fund reaches the | 5 | | sum of
$5,000,000 the payment therein shall cease entirely. | 6 | | However, when said
Rate Adjustment Fund has been reduced to | 7 | | $3,000,000 the amounts required by
paragraph (f) of Section 7 | 8 | | shall be resumed in the manner herein provided.
| 9 | | (f) In case of complete disability, which renders the | 10 | | employee
wholly and permanently incapable of work, or in the | 11 | | specific case of
total and permanent disability as provided in | 12 | | subparagraph 18 of
paragraph (e) of this Section, compensation | 13 | | shall be payable at the rate
provided in subparagraph 2 of | 14 | | paragraph (b) of this Section for life.
| 15 | | An employee entitled to benefits under paragraph (f) of | 16 | | this Section
shall also be entitled to receive from the Rate | 17 | | Adjustment
Fund provided in paragraph (f) of Section 7 of the | 18 | | supplementary benefits
provided in paragraph (g) of this | 19 | | Section 8.
| 20 | | If any employee who receives an award under this paragraph | 21 | | afterwards
returns to work or is able to do so, and earns or is | 22 | | able to earn as
much as before the accident, payments under | 23 | | such award shall cease. If
such employee returns to work, or is | 24 | | able to do so, and earns or is able
to earn part but not as much | 25 | | as before the accident, such award shall be
modified so as to | 26 | | conform to an award under paragraph (d) of this
Section. If |
| | | 09800HB3390sam001 | - 33 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | such award is terminated or reduced under the provisions of
| 2 | | this paragraph, such employees have the right at any time | 3 | | within 30
months after the date of such termination or | 4 | | reduction to file petition
with the Commission for the purpose | 5 | | of determining whether any
disability exists as a result of the | 6 | | original accidental injury and the
extent thereof.
| 7 | | Disability as enumerated in subdivision 18, paragraph (e) | 8 | | of this
Section is considered complete disability.
| 9 | | If an employee who had previously incurred loss or the | 10 | | permanent and
complete loss of use of one member, through the | 11 | | loss or the permanent
and complete loss of the use of one hand, | 12 | | one arm, one foot, one leg, or
one eye, incurs permanent and | 13 | | complete disability through the loss or
the permanent and | 14 | | complete loss of the use of another member, he shall
receive, | 15 | | in addition to the compensation payable by the employer and
| 16 | | after such payments have ceased, an amount from the Second | 17 | | Injury Fund
provided for in paragraph (f) of Section 7, which, | 18 | | together with the
compensation payable from the employer in | 19 | | whose employ he was when the
last accidental injury was | 20 | | incurred, will equal the amount payable for
permanent and | 21 | | complete disability as provided in this paragraph of this
| 22 | | Section.
| 23 | | The custodian of the Second Injury Fund provided for in | 24 | | paragraph (f)
of Section 7 shall be joined with the employer as | 25 | | a party respondent in
the application for adjustment of claim. | 26 | | The application for adjustment
of claim shall state briefly and |
| | | 09800HB3390sam001 | - 34 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | in general terms the approximate time
and place and manner of | 2 | | the loss of the first member.
| 3 | | In its award the Commission or the Arbitrator shall | 4 | | specifically find
the amount the injured employee shall be | 5 | | weekly paid, the number of
weeks compensation which shall be | 6 | | paid by the employer, the date upon
which payments begin out of | 7 | | the Second Injury Fund provided for in
paragraph (f) of Section | 8 | | 7 of this Act, the length of time the weekly
payments continue, | 9 | | the date upon which the pension payments commence and
the | 10 | | monthly amount of the payments. The Commission shall 30 days | 11 | | after
the date upon which payments out of the Second Injury | 12 | | Fund have begun as
provided in the award, and every month | 13 | | thereafter, prepare and submit to
the State Comptroller a | 14 | | voucher for payment for all compensation accrued
to that date | 15 | | at the rate fixed by the Commission. The State Comptroller
| 16 | | shall draw a warrant to the injured employee along with a | 17 | | receipt to be
executed by the injured employee and returned to | 18 | | the Commission. The
endorsed warrant and receipt is a full and | 19 | | complete acquittance to the
Commission for the payment out of | 20 | | the Second Injury Fund. No other
appropriation or warrant is | 21 | | necessary for payment out of the Second
Injury Fund. The Second | 22 | | Injury Fund is appropriated for the purpose of
making payments | 23 | | according to the terms of the awards.
| 24 | | As of July 1, 1980 to July 1, 1982, all claims against and | 25 | | obligations
of the Second Injury Fund shall become claims | 26 | | against and obligations of
the Rate Adjustment Fund to the |
| | | 09800HB3390sam001 | - 35 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | extent there is insufficient money in the
Second Injury Fund to | 2 | | pay such claims and obligations. In that case, all
references | 3 | | to "Second Injury Fund" in this Section shall also include the
| 4 | | Rate Adjustment Fund.
| 5 | | (g) Every award for permanent total disability entered by | 6 | | the
Commission on and after July 1, 1965 under which | 7 | | compensation payments
shall become due and payable after the | 8 | | effective date of this amendatory
Act, and every award for | 9 | | death benefits or permanent total disability
entered by the | 10 | | Commission on and after the effective date of this
amendatory | 11 | | Act shall be subject to annual adjustments as to the amount
of | 12 | | the compensation rate therein provided. Such adjustments shall | 13 | | first
be made on July 15, 1977, and all awards made and entered | 14 | | prior to July
1, 1975 and on July 15 of each year
thereafter. | 15 | | In all other cases such adjustment shall be made on July 15
of | 16 | | the second year next following the date of the entry of the | 17 | | award and
shall further be made on July 15 annually thereafter. | 18 | | If during the
intervening period from the date of the entry of | 19 | | the award, or the last
periodic adjustment, there shall have | 20 | | been an increase in the State's
average weekly wage in covered | 21 | | industries under the Unemployment
Insurance Act, the weekly | 22 | | compensation rate shall be proportionately
increased by the | 23 | | same percentage as the percentage of increase in the
State's | 24 | | average weekly wage in covered industries under the
| 25 | | Unemployment Insurance Act. The increase in the compensation | 26 | | rate
under this paragraph shall in no event bring the total |
| | | 09800HB3390sam001 | - 36 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | compensation rate
to an amount greater than the prevailing | 2 | | maximum rate at the time that the annual adjustment is made. | 3 | | Such increase
shall be paid in the same manner as herein | 4 | | provided for payments under
the Second Injury Fund to the | 5 | | injured employee, or his dependents, as
the case may be, out of | 6 | | the Rate Adjustment Fund provided
in paragraph (f) of Section 7 | 7 | | of this Act. Payments shall be made at
the same intervals as | 8 | | provided in the award or, at the option of the
Commission, may | 9 | | be made in quarterly payment on the 15th day of January,
April, | 10 | | July and October of each year. In the event of a decrease in
| 11 | | such average weekly wage there shall be no change in the then | 12 | | existing
compensation rate. The within paragraph shall not | 13 | | apply to cases where
there is disputed liability and in which a | 14 | | compromise lump sum settlement
between the employer and the | 15 | | injured employee, or his dependents, as the
case may be, has | 16 | | been duly approved by the Illinois Workers' Compensation
| 17 | | Commission.
| 18 | | Provided, that in cases of awards entered by the Commission | 19 | | for
injuries occurring before July 1, 1975, the increases in | 20 | | the
compensation rate adjusted under the foregoing provision of | 21 | | this
paragraph (g) shall be limited to increases in the State's | 22 | | average
weekly wage in covered industries under the | 23 | | Unemployment Insurance Act
occurring after July 1, 1975.
| 24 | | For every accident occurring on or after July 20, 2005 but | 25 | | before the effective date of this amendatory Act of the 94th | 26 | | General Assembly (Senate Bill 1283 of the 94th General |
| | | 09800HB3390sam001 | - 37 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Assembly), the annual adjustments to the compensation rate in | 2 | | awards for death benefits or permanent total disability, as | 3 | | provided in this Act, shall be paid by the employer. The | 4 | | adjustment shall be made by the employer on July 15 of the | 5 | | second year next following the date of the entry of the award | 6 | | and shall further be made on July 15 annually thereafter. If | 7 | | during the intervening period from the date of the entry of the | 8 | | award, or the last periodic adjustment, there shall have been | 9 | | an increase in the State's average weekly wage in covered | 10 | | industries under the Unemployment Insurance Act, the employer | 11 | | shall increase the weekly compensation rate proportionately by | 12 | | the same percentage as the percentage of increase in the | 13 | | State's average weekly wage in covered industries under the | 14 | | Unemployment Insurance Act. The increase in the compensation | 15 | | rate under this paragraph shall in no event bring the total | 16 | | compensation rate to an amount greater than the prevailing | 17 | | maximum rate at the time that the annual adjustment is made. In | 18 | | the event of a decrease in such average weekly wage there shall | 19 | | be no change in the then existing compensation rate. Such | 20 | | increase shall be paid by the employer in the same manner and | 21 | | at the same intervals as the payment of compensation in the | 22 | | award. This paragraph shall not apply to cases where there is | 23 | | disputed liability and in which a compromise lump sum | 24 | | settlement between the employer and the injured employee, or | 25 | | his or her dependents, as the case may be, has been duly | 26 | | approved by the Illinois Workers' Compensation Commission. |
| | | 09800HB3390sam001 | - 38 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | The annual adjustments for every award of death benefits or | 2 | | permanent total disability involving accidents occurring | 3 | | before July 20, 2005 and accidents occurring on or after the | 4 | | effective date of this amendatory Act of the 94th General | 5 | | Assembly (Senate Bill 1283 of the 94th General Assembly) shall | 6 | | continue to be paid from the Rate Adjustment Fund pursuant to | 7 | | this paragraph and Section 7(f) of this Act.
| 8 | | (h) In case death occurs from any cause before the total
| 9 | | compensation to which the employee would have been entitled has | 10 | | been
paid, then in case the employee leaves any widow, widower, | 11 | | child, parent
(or any grandchild, grandparent or other lineal | 12 | | heir or any collateral
heir dependent at the time of the | 13 | | accident upon the earnings of the
employee to the extent of 50% | 14 | | or more of total dependency) such
compensation shall be paid to | 15 | | the beneficiaries of the deceased employee
and distributed as | 16 | | provided in paragraph (g) of Section 7.
| 17 | | (h-1) In case an injured employee is under legal disability
| 18 | | at the time when any right or privilege accrues to him or her | 19 | | under this
Act, a guardian may be appointed pursuant to law, | 20 | | and may, on behalf
of such person under legal disability, claim | 21 | | and exercise any
such right or privilege with the same effect | 22 | | as if the employee himself
or herself had claimed or exercised | 23 | | the right or privilege. No limitations
of time provided by this | 24 | | Act run so long as the employee who is under legal
disability | 25 | | is without a conservator or guardian.
| 26 | | (i) In case the injured employee is under 16 years of age |
| | | 09800HB3390sam001 | - 39 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | at the
time of the accident and is illegally employed, the | 2 | | amount of
compensation payable under paragraphs (b), (c), (d), | 3 | | (e) and (f) of this
Section is increased 50%.
| 4 | | However, where an employer has on file an employment | 5 | | certificate
issued pursuant to the Child Labor Law or work | 6 | | permit issued pursuant
to the Federal Fair Labor Standards Act, | 7 | | as amended, or a birth
certificate properly and duly issued, | 8 | | such certificate, permit or birth
certificate is conclusive | 9 | | evidence as to the age of the injured minor
employee for the | 10 | | purposes of this Section.
| 11 | | Nothing herein contained repeals or amends the provisions | 12 | | of the
Child Labor Law relating to the employment of minors | 13 | | under the age of 16 years.
| 14 | | (j) 1. In the event the injured employee receives benefits,
| 15 | | including medical, surgical or hospital benefits under any | 16 | | group plan
covering non-occupational disabilities contributed | 17 | | to wholly or
partially by the employer, which benefits should | 18 | | not have been payable
if any rights of recovery existed under | 19 | | this Act, then such amounts so
paid to the employee from any | 20 | | such group plan as shall be consistent
with, and limited to, | 21 | | the provisions of paragraph 2 hereof, shall be
credited to or | 22 | | against any compensation payment for temporary total
| 23 | | incapacity for work or any medical, surgical or hospital | 24 | | benefits made
or to be made under this Act. In such event, the | 25 | | period of time for
giving notice of accidental injury and | 26 | | filing application for adjustment
of claim does not commence to |
| | | 09800HB3390sam001 | - 40 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | run until the termination of such
payments. This paragraph does | 2 | | not apply to payments made under any
group plan which would | 3 | | have been payable irrespective of an accidental
injury under | 4 | | this Act. Any employer receiving such credit shall keep
such | 5 | | employee safe and harmless from any and all claims or | 6 | | liabilities
that may be made against him by reason of having | 7 | | received such payments
only to the extent of such credit.
| 8 | | Any excess benefits paid to or on behalf of a State | 9 | | employee by the
State Employees' Retirement System under | 10 | | Article 14 of the Illinois Pension
Code on a death claim or | 11 | | disputed disability claim shall be credited
against any | 12 | | payments made or to be made by the State of Illinois to or on
| 13 | | behalf of such employee under this Act, except for payments for | 14 | | medical
expenses which have already been incurred at the time | 15 | | of the award. The
State of Illinois shall directly reimburse | 16 | | the State Employees' Retirement
System to the extent of such | 17 | | credit.
| 18 | | 2. Nothing contained in this Act shall be construed to give | 19 | | the
employer or the insurance carrier the right to credit for | 20 | | any benefits
or payments received by the employee other than | 21 | | compensation payments
provided by this Act, and where the | 22 | | employee receives payments other
than compensation payments, | 23 | | whether as full or partial salary, group
insurance benefits, | 24 | | bonuses, annuities or any other payments, the
employer or | 25 | | insurance carrier shall receive credit for each such payment
| 26 | | only to the extent of the compensation that would have been |
| | | 09800HB3390sam001 | - 41 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | payable
during the period covered by such payment.
| 2 | | 3. The extension of time for the filing of an Application | 3 | | for
Adjustment of Claim as provided in paragraph 1 above shall | 4 | | not apply to
those cases where the time for such filing had | 5 | | expired prior to the date
on which payments or benefits | 6 | | enumerated herein have been initiated or
resumed. Provided | 7 | | however that this paragraph 3 shall apply only to
cases wherein | 8 | | the payments or benefits hereinabove enumerated shall be
| 9 | | received after July 1, 1969.
| 10 | | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, | 11 | | eff. 7-13-12.)
| 12 | | (820 ILCS 305/8.1b) | 13 | | Sec. 8.1b. Determination of permanent partial disability. | 14 | | For accidental injuries that occur on or after September 1, | 15 | | 2011, permanent partial disability shall be established using | 16 | | the following criteria: | 17 | | (a) A physician licensed to practice medicine in all of its | 18 | | branches preparing a permanent partial disability impairment | 19 | | report shall report the level of impairment in writing. The | 20 | | report shall include an evaluation of medically defined and | 21 | | professionally appropriate measurements of impairment that | 22 | | include, but are not limited to: loss of range of motion; loss | 23 | | of strength; measured atrophy of tissue mass consistent with | 24 | | the injury; and any other measurements that establish the | 25 | | nature and extent of the impairment. The most current edition |
| | | 09800HB3390sam001 | - 42 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | of the American Medical Association's "Guides to the Evaluation | 2 | | of Permanent Impairment" shall be used by the physician in | 3 | | determining the level of impairment. | 4 | | (b) In determining the level of permanent partial | 5 | | disability, the Commission shall base its determination on the | 6 | | following factors: (i) the reported level of impairment | 7 | | pursuant to subsection (a) if such report exists ; (ii) the | 8 | | occupation of the injured employee; (iii) the age of the | 9 | | employee at the time of the injury; (iv) the employee's future | 10 | | earning capacity; and (v) evidence of disability corroborated | 11 | | by the treating medical records. No single enumerated factor | 12 | | shall be the sole determinant of disability. In determining the | 13 | | level of disability, the relevance and weight of any factors | 14 | | used , including in addition to the level of impairment as | 15 | | reported by the physician , must be explained in a written | 16 | | order.
| 17 | | (Source: P.A. 97-18, eff. 6-28-11.)
| 18 | | (820 ILCS 305/9) (from Ch. 48, par. 138.9)
| 19 | | Sec. 9.
Any employer or employee or beneficiary who shall | 20 | | desire to have
such compensation, or any unpaid part thereof, | 21 | | paid in a lump sum, may
petition the Commission, asking that | 22 | | such compensation be so paid. If, upon
proper notice to the | 23 | | interested parties and a proper showing made before
such | 24 | | Commission or any member thereof, it appears to the best | 25 | | interest of
the parties that such compensation be so paid, the |
| | | 09800HB3390sam001 | - 43 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Commission may order the
commutation of the compensation to an | 2 | | equivalent lump sum, which
commutation shall be an amount which | 3 | | will equal the total sum of the
probable future payments | 4 | | capitalized at their present value upon the basis
of interest | 5 | | calculated at the maximum rate of interest payable by member
| 6 | | banks of the Federal Reserve System on passbook savings | 7 | | deposits as published
in Regulation Q or its successor or, if | 8 | | Regulation Q or its successor is
repealed, then the rate in | 9 | | effect on the date of repeal. Prior to approval of any pro se | 10 | | Settlement Contract Lump Sum Petition, the Commission or an | 11 | | Arbitrator thereof shall determine if the unrepresented | 12 | | employee, if present, is able to read and communicate in | 13 | | English. If not, it shall be the responsibility of the employer | 14 | | to provide a qualified, independent interpreter at the time | 15 | | such Petition is heard, unless the employee has provided his or | 16 | | her own interpreter.
| 17 | | In cases indicating complete disability no petition for a | 18 | | commutation to
a lump sum basis shall be entertained by the | 19 | | Commission until after the
expiration of 6 months from the date | 20 | | of the injury.
| 21 | | Where necessary, upon proper application being made, a | 22 | | guardian
or administrator, as the case may be, may be appointed | 23 | | for any
person under disability who may be entitled to any such | 24 | | compensation and an
employer bound by the terms of this Act and | 25 | | liable to pay such
compensation, may petition for the | 26 | | appointment of the public administrator,
or guardian, where no |
| | | 09800HB3390sam001 | - 44 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | legal representative has been
appointed or is acting for such | 2 | | party or parties so under disability.
| 3 | | The payment of compensation in a lump sum to the employee | 4 | | in his or her
lifetime upon order of the Commission, shall | 5 | | extinguish and bar all claims
for compensation for death if the | 6 | | compensation paid in a lump sum
represents a compromise of a | 7 | | dispute on any question other than the extent
of disability.
| 8 | | Subject to the provisions herein above in this paragraph | 9 | | contained,
where no dispute exists as to the fact that the | 10 | | accident arose out of and
in the course of the employment and | 11 | | where such accident results in death or
in the amputation of | 12 | | any member or in the enucleation of an eye, then and
in such | 13 | | case the arbitrator or Commission may, upon the petition of | 14 | | either
the employer or the employee, enter an award providing | 15 | | for the payment of
compensation for such death or injury in | 16 | | accordance with the provisions of
Section 7 or paragraph (e) of | 17 | | Section 8 of this Act.
| 18 | | (Source: P.A. 83-1362.)
| 19 | | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
| 20 | | Sec. 14. The Commission shall appoint a secretary, an | 21 | | assistant
secretary, and arbitrators and shall employ such
| 22 | | assistants and clerical help as may be necessary. Arbitrators | 23 | | shall be appointed pursuant to this Section, notwithstanding | 24 | | any provision of the Personnel Code.
| 25 | | Each arbitrator appointed after June 28, 2011 after |
| | | 09800HB3390sam001 | - 45 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | November 22, 1977 shall be required
to demonstrate in writing | 2 | | and in accordance with
the rules and regulations of the | 3 | | Illinois Department of Central Management
Services his or
her | 4 | | knowledge of and expertise in the law of and judicial processes | 5 | | of
the Workers' Compensation Act and the Occupational Diseases | 6 | | Act.
| 7 | | A formal training program for newly-hired arbitrators | 8 | | shall be
implemented. The training program shall include the | 9 | | following:
| 10 | | (a) substantive and procedural aspects of the | 11 | | arbitrator position;
| 12 | | (b) current issues in workers' compensation law and | 13 | | practice;
| 14 | | (c) medical lectures by specialists in areas such as | 15 | | orthopedics,
ophthalmology, psychiatry, rehabilitation | 16 | | counseling;
| 17 | | (d) orientation to each operational unit of the | 18 | | Illinois Workers' Compensation Commission;
| 19 | | (e) observation of experienced arbitrators conducting | 20 | | hearings of cases,
combined with the opportunity to discuss | 21 | | evidence presented and rulings made;
| 22 | | (f) the use of hypothetical cases requiring the trainee | 23 | | to issue
judgments as a means to evaluating knowledge and | 24 | | writing ability;
| 25 | | (g) writing skills;
| 26 | | (h) professional and ethical standards pursuant to |
| | | 09800HB3390sam001 | - 46 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Section 1.1 of this Act; | 2 | | (i) detection of workers' compensation fraud and | 3 | | reporting obligations of Commission employees and | 4 | | appointees; | 5 | | (j) standards of evidence-based medical treatment and | 6 | | best practices for measuring and improving quality and | 7 | | health care outcomes in the workers' compensation system, | 8 | | including but not limited to the use of the American | 9 | | Medical Association's "Guides to the Evaluation of | 10 | | Permanent Impairment" and the practice of utilization | 11 | | review; and | 12 | | (k) substantive and procedural aspects of coal | 13 | | workers' pneumoconiosis (black lung) cases. | 14 | | A formal and ongoing professional development program | 15 | | including, but not
limited to, the above-noted areas shall be | 16 | | implemented to keep arbitrators
informed of recent | 17 | | developments and issues and to assist them in
maintaining and | 18 | | enhancing their professional competence. Each arbitrator shall | 19 | | complete 20 hours of training in the above-noted areas during | 20 | | every 2 years such arbitrator shall remain in office.
| 21 | | Each
arbitrator shall devote full time to his or her duties | 22 | | and shall serve when
assigned as
an acting Commissioner when a | 23 | | Commissioner is unavailable in accordance
with the provisions | 24 | | of Section 13 of this Act. Any
arbitrator who is an | 25 | | attorney-at-law shall not engage in the practice of
law, nor | 26 | | shall any arbitrator hold any other office or position of
|
| | | 09800HB3390sam001 | - 47 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | profit under the United States or this State or any municipal
| 2 | | corporation or political subdivision of this State.
| 3 | | Notwithstanding any other provision of this Act to the | 4 | | contrary, an arbitrator
who serves as an acting Commissioner in | 5 | | accordance with the provisions of
Section 13 of this Act shall | 6 | | continue to serve in the capacity of Commissioner
until a | 7 | | decision is reached in every case heard by that arbitrator | 8 | | while
serving as an acting Commissioner.
| 9 | | Notwithstanding any other provision of this Section, the | 10 | | term of all arbitrators serving on the effective date of this | 11 | | amendatory Act of the 97th General Assembly, including any | 12 | | arbitrators on administrative leave, shall terminate at the | 13 | | close of business on July 1, 2011, but the incumbents shall | 14 | | continue to exercise all of their duties until they are | 15 | | reappointed or their successors are appointed. | 16 | | On and after the effective date of this amendatory Act of | 17 | | the 97th General Assembly, arbitrators shall be appointed to | 18 | | 3-year terms as follows: | 19 | | (1) All appointments shall be made by the Governor with | 20 | | the advice and consent of the Senate. | 21 | | (2) For their initial appointments, 12 arbitrators | 22 | | shall be appointed to terms expiring July 1, 2012; 12 | 23 | | arbitrators shall be appointed to terms expiring July 1, | 24 | | 2013; and all additional arbitrators shall be appointed to | 25 | | terms expiring July 1, 2014. Thereafter, all arbitrators | 26 | | shall be appointed to 3-year terms. |
| | | 09800HB3390sam001 | - 48 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Upon the expiration of a term, the Chairman shall evaluate | 2 | | the performance of the arbitrator and may recommend to the | 3 | | Governor that he or she be reappointed to a second or | 4 | | subsequent term by the Governor with the advice and consent of | 5 | | the Senate. | 6 | | Each arbitrator appointed on or after the effective date of | 7 | | this amendatory Act of the 97th General Assembly and who has | 8 | | not previously served as an arbitrator for the Commission shall | 9 | | be required to be authorized to practice law in this State by | 10 | | the Supreme Court, and to maintain this authorization | 11 | | throughout his or her term of employment.
| 12 | | The All arbitrators shall be subject to the provisions of | 13 | | the Personnel Code,
and the performance of all arbitrators | 14 | | shall be reviewed by the Chairman on
an annual basis. The | 15 | | changes made to this Section by this amendatory Act of the 97th | 16 | | General Assembly shall prevail over any conflict with the | 17 | | Personnel Code. The Chairman shall allow input from the | 18 | | Commissioners in
all such reviews.
| 19 | | The Commission shall assign no fewer than 3 arbitrators to | 20 | | each hearing site. The Commission shall establish a procedure | 21 | | to ensure that the arbitrators assigned to each hearing site | 22 | | are assigned cases on a random basis. No arbitrator shall hear | 23 | | cases in any county, other than Cook County, for more than 2 | 24 | | years in each 3-year term. | 25 | | The Secretary and each arbitrator shall receive a per annum | 26 | | salary of
$4,000 less than the per annum salary of members of |
| | | 09800HB3390sam001 | - 49 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | The
Illinois Workers' Compensation Commission as
provided in | 2 | | Section 13 of this Act, payable in equal monthly installments.
| 3 | | The members of the Commission, Arbitrators and other | 4 | | employees whose
duties require them to travel, shall have | 5 | | reimbursed to them their
actual traveling expenses and | 6 | | disbursements made or incurred by them in
the discharge of | 7 | | their official duties while away from their place of
residence | 8 | | in the performance of their duties.
| 9 | | The Commission shall provide itself with a seal for the
| 10 | | authentication of its orders, awards and proceedings upon which | 11 | | shall be
inscribed the name of the Commission and the words | 12 | | "Illinois--Seal".
| 13 | | The Secretary or Assistant Secretary, under the direction | 14 | | of the
Commission, shall have charge and custody of the seal of | 15 | | the Commission
and also have charge and custody of all records, | 16 | | files, orders,
proceedings, decisions, awards and other | 17 | | documents on file with the
Commission. He shall furnish | 18 | | certified copies, under the seal of the
Commission, of any such | 19 | | records, files, orders, proceedings, decisions,
awards and | 20 | | other documents on file with the Commission as may be
required. | 21 | | Certified copies so furnished by the Secretary or Assistant
| 22 | | Secretary shall be received in evidence before the Commission | 23 | | or any
Arbitrator thereof, and in all courts, provided that the | 24 | | original of
such certified copy is otherwise competent and | 25 | | admissible in evidence.
The Secretary or Assistant Secretary | 26 | | shall perform such other duties as
may be prescribed from time |
| | | 09800HB3390sam001 | - 50 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | to time by the Commission.
| 2 | | (Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12.)
| 3 | | (820 ILCS 305/15a) (from Ch. 48, par. 138.15a)
| 4 | | Sec. 15a.
The Beginning January 1, 1981, the Commission | 5 | | shall prepare and
publish a handbook in readily understandable | 6 | | language in question and answer
form containing all information | 7 | | as to the rights and obligations of employers
and employees | 8 | | under the provisions
of this Act.
| 9 | | Upon receipt of first report of injury, as provided for in | 10 | | subsection (b)
of Section 6 of this Act, the Commission shall | 11 | | determine that a copy
of the handbook has been forwarded to the | 12 | | injured employee or his beneficiary.
| 13 | | The handbook shall be made available free of charge to the | 14 | | general public and be maintained on the Commission's Internet | 15 | | website .
| 16 | | The Commission shall provide informational assistance to | 17 | | employers and
employees regarding their rights and obligations | 18 | | under this Act and the
process and procedure before the | 19 | | Commission.
| 20 | | (Source: P.A. 86-998.)
| 21 | | (820 ILCS 305/16a) (from Ch. 48, par. 138.16a)
| 22 | | Sec. 16a. (A) In the establishment or approval of | 23 | | attorney's fees in relation
to claims brought under this Act, | 24 | | the Commission shall be guided by the
provisions of this |
| | | 09800HB3390sam001 | - 51 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Section and by the legislative intent, hereby declared, to
| 2 | | encourage settlement and prompt administrative handling of | 3 | | such claims
and thereby reduce expenses to claimants for | 4 | | compensation under this Act.
| 5 | | (B) With respect to any and all proceedings in connection | 6 | | with any initial
or original claim under this Act, no claim of | 7 | | any attorney for services
rendered in connection with the | 8 | | securing of compensation for an employee
or his dependents, | 9 | | whether secured by agreement, order, award or a judgment
in any | 10 | | court shall exceed 20% of the amount of compensation recovered | 11 | | and
paid, unless further fees shall be allowed to the attorney | 12 | | upon a hearing
by the Commission fixing fees, and subject to | 13 | | the other
provisions of this Section. However, except as | 14 | | hereinafter provided
in this Section, in death cases, total | 15 | | disability cases and partial disability
cases, the amount of an | 16 | | attorney's fees shall not exceed 20% of the sum
which would be | 17 | | due under this Act for 364 weeks of permanent total disability
| 18 | | based upon the employee's average gross weekly wage prior to | 19 | | the date of
the accident and subject to the maximum weekly | 20 | | benefits provided in this
Act unless the employee or his or her | 21 | | dependents, as applicable, waive in writing the 364-week limit | 22 | | on attorney's fees or unless further fees shall be allowed to | 23 | | the attorney upon a hearing
by the Commission fixing fees. An | 24 | | employee or his or her dependents, as applicable, may waive in | 25 | | writing the 364-week limit on attorney's fees in death cases, | 26 | | total disability cases, and partial disability cases.
|
| | | 09800HB3390sam001 | - 52 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | (C) All attorneys' fees in connection with the initial or | 2 | | original claim
for compensation shall be fixed pursuant to a | 3 | | written contract on forms
prescribed by the Commission between | 4 | | the attorney and the employee or his
dependents, and every | 5 | | attorney, whether the disposition of the original
claim is by | 6 | | agreement, settlement, award,
judgment or otherwise, shall | 7 | | file his contract with the Chairman of the Commission who
shall | 8 | | approve the contract only if it is in accordance with all | 9 | | provisions
of this Section.
| 10 | | (D) No attorneys' fees shall be charged with respect to | 11 | | compensation for
undisputed medical expenses.
| 12 | | (E) No attorneys' fees shall be charged in connection with | 13 | | any temporary
total disability compensation unless the payment | 14 | | of such compensation in
a timely manner or in the
proper amount | 15 | | is refused, or unless such compensation
is terminated
by the | 16 | | employer and the payment of such compensation is obtained or | 17 | | reinstated
by the efforts of the attorney, whether by | 18 | | agreement, settlement, award or judgment.
| 19 | | (F) In the following cases in which there is no dispute | 20 | | between the parties
as to the liability of the respondent to | 21 | | pay compensation in a timely manner
or in the proper amount and | 22 | | there is no dispute that the accident has resulted in:
| 23 | | (1) the death of the employee; or
| 24 | | (2) a statutory permanent disability; or
| 25 | | (3) the amputation of a finger, toe, or member; or
| 26 | | (4) the removal of a testicle; or
|
| | | 09800HB3390sam001 | - 53 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | (5) the enucleation of or 100% loss of vision of an | 2 | | eye;
| 3 | | the legal fees, if any, for services rendered are to be fixed | 4 | | by the Illinois Workers' Compensation
Commission at a nominal | 5 | | amount, not exceeding $100.
| 6 | | (G) In the following cases in which there is no dispute | 7 | | between the
parties as to the liability of the respondent to | 8 | | pay compensation and there
is no dispute that the accident has | 9 | | resulted in:
| 10 | | (1) a fracture of one or more vertebrae; or
| 11 | | (2) a skull fracture; or
| 12 | | (3) a fracture of one or more spinous or transverse | 13 | | processes; or
| 14 | | (4) a fracture of one or more facial bones; or
| 15 | | (5) the removal of a kidney, spleen or lung;
| 16 | | the legal fees, if any, for services rendered are to be fixed | 17 | | by the Illinois Workers' Compensation
Commission at a nominal | 18 | | amount, not exceeding $100, provided that the employee
is | 19 | | awarded the minimum amount for the above injuries as specified | 20 | | in Section 8(d)2.
| 21 | | (H) With regard to any claim where the amount to be paid | 22 | | for compensation
does not exceed the written offer made to the | 23 | | claimant or claimants by the
employer or his agent prior to | 24 | | representation by an attorney, no fees shall
be paid to any | 25 | | such attorney.
| 26 | | (I) All attorneys' fees for representation of an employee |
| | | 09800HB3390sam001 | - 54 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | or his dependents
shall be only recoverable from compensation | 2 | | actually paid to such employee
or dependents.
| 3 | | (J) Any and all disputes regarding attorneys' fees, whether | 4 | | such disputes
relate to which one or more attorneys represents | 5 | | the claimant or claimants
or is entitled to the attorneys' | 6 | | fees, or a division of attorneys' fees
where the claimant or | 7 | | claimants are or have been represented by more than
one | 8 | | attorney, or any other disputes concerning attorneys' fees or | 9 | | contracts
for attorneys' fees, shall be heard and determined by | 10 | | the Commission after
reasonable notice to all interested | 11 | | parties and attorneys.
| 12 | | (K) After reasonable notice and hearing before the | 13 | | Commission, any attorney
found to be in violation of any | 14 | | provision of this Section shall be required
to make restitution | 15 | | of any excess fees charged plus interest at a reasonable
rate | 16 | | as determined by the Commission.
| 17 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 18 | | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
| 19 | | Sec. 19. Any disputed questions of law or fact shall be | 20 | | determined
as herein provided.
| 21 | | (a) It shall be the duty of the Commission upon | 22 | | notification that
the parties have failed to reach an | 23 | | agreement, to designate an Arbitrator.
| 24 | | 1. Whenever any claimant misconceives his remedy and | 25 | | files an
application for adjustment of claim under this Act |
| | | 09800HB3390sam001 | - 55 - | LRB098 07552 DRJ 45458 a |
|
| 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'
Occupational | 5 | | Diseases Act, then the provisions of Section 19, paragraph
| 6 | | (a-1) of the Workers' Occupational Diseases Act having | 7 | | reference to such
application shall apply.
| 8 | | 2. Whenever any claimant misconceives his remedy and | 9 | | files an
application for adjustment of claim under the | 10 | | Workers' Occupational
Diseases 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' Occupational
Diseases Act may be amended in form, | 16 | | substance or both to assert claim
for such disability or | 17 | | death under this Act and it shall be deemed to
have been so | 18 | | filed as amended on the date of the original filing
| 19 | | thereof, and such compensation may be awarded as is | 20 | | warranted by the
whole evidence pursuant to 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. Nothing in this Section contained
shall | 24 | | be construed to be or permit a waiver of any provisions of | 25 | | this
Act with reference to notice but notice if given shall | 26 | | be deemed to be a
notice under the provisions of this Act |
| | | 09800HB3390sam001 | - 56 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | if given within the time
required herein.
| 2 | | (b) The Arbitrator shall make such inquiries and | 3 | | investigations as he or
they shall deem necessary and may | 4 | | examine and inspect all books, papers,
records, places, or | 5 | | premises relating to the questions in dispute and hear
such | 6 | | proper evidence as the parties may submit.
| 7 | | The hearings before the Arbitrator shall be held in the | 8 | | vicinity where
the injury occurred after 10 days' notice of the | 9 | | time and place of such
hearing shall have been given to each of | 10 | | the parties or their attorneys
of record.
| 11 | | The Arbitrator may find that the disabling condition is | 12 | | temporary and has
not yet reached a permanent condition and may | 13 | | order the payment of
compensation up to the date of the | 14 | | hearing, which award shall be reviewable
and enforceable in the | 15 | | same manner as other awards, and in no instance be a
bar to a | 16 | | further hearing and determination of a further amount of | 17 | | temporary
total compensation or of compensation for permanent | 18 | | disability, but shall
be conclusive as to all other questions | 19 | | except the nature and extent of said
disability.
| 20 | | The decision of the Arbitrator shall be filed with the | 21 | | Commission which
Commission shall immediately send to each | 22 | | party or his attorney a copy of
such decision, together with a | 23 | | notification of the time when it was filed.
As of the effective | 24 | | date of this amendatory Act of the 94th General Assembly, all | 25 | | decisions of the Arbitrator shall set forth
in writing findings | 26 | | of fact and conclusions of law, separately stated, if requested |
| | | 09800HB3390sam001 | - 57 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | by either party.
Unless a petition for review is filed by | 2 | | either party within 30 days after
the receipt by such party of | 3 | | the copy of the decision and notification of
time when filed, | 4 | | and unless such party petitioning for a review shall
within 35 | 5 | | days after the receipt by him of the copy of the decision, file
| 6 | | with the Commission either an agreed statement of the facts | 7 | | appearing upon
the hearing before the Arbitrator, or if such
| 8 | | party shall so elect a correct transcript of evidence of the | 9 | | proceedings
at such hearings, then the decision shall become | 10 | | the decision of the
Commission and in the absence of fraud | 11 | | shall be conclusive.
The Petition for Review shall contain a | 12 | | statement of the petitioning party's
specific exceptions to the | 13 | | decision of the arbitrator. The jurisdiction
of the Commission | 14 | | to review the decision of the arbitrator shall not be
limited | 15 | | to the exceptions stated in the Petition for Review.
The | 16 | | Commission, or any member thereof, may grant further time not | 17 | | exceeding
30 days, in which to file such agreed statement or | 18 | | transcript of
evidence. Such agreed statement of facts or | 19 | | correct transcript of
evidence, as the case may be, shall be | 20 | | authenticated by the signatures
of the parties or their | 21 | | attorneys, and in the event they do not agree as
to the | 22 | | correctness of the transcript of evidence it shall be | 23 | | authenticated
by the signature of the Arbitrator designated by | 24 | | the Commission.
| 25 | | Whether the employee is working or not, if the employee is | 26 | | not receiving or has not received medical, surgical, or |
| | | 09800HB3390sam001 | - 58 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | hospital services or other services or compensation as provided | 2 | | in paragraph (a) of Section 8, or compensation as provided in | 3 | | paragraph (b) of Section 8, the employee may at any time | 4 | | petition for an expedited hearing by an Arbitrator on the issue | 5 | | of whether or not he or she is entitled to receive payment of | 6 | | the services or compensation. Provided the employer continues | 7 | | to pay compensation pursuant to paragraph (b) of Section 8, the | 8 | | employer may at any time petition for an expedited hearing on | 9 | | the issue of whether or not the employee is entitled to receive | 10 | | medical, surgical, or hospital services or other services or | 11 | | compensation as provided in paragraph (a) of Section 8, or | 12 | | compensation as provided in paragraph (b) of Section 8. When an | 13 | | employer has petitioned for an expedited hearing, the employer | 14 | | shall continue to pay compensation as provided in paragraph (b) | 15 | | of Section 8 unless the arbitrator renders a decision that the | 16 | | employee is not entitled to the benefits that are the subject | 17 | | of the expedited hearing or unless the employee's treating | 18 | | physician has released the employee to return to work at his or | 19 | | her regular job with the employer or the employee actually | 20 | | returns to work at any other job. If the arbitrator renders a | 21 | | decision that the employee is not entitled to the benefits that | 22 | | are the subject of the expedited hearing, a petition for review | 23 | | filed by the employee shall receive the same priority as if the | 24 | | employee had filed a petition for an expedited hearing by an | 25 | | Arbitrator. Neither party shall be entitled to an expedited | 26 | | hearing when the employee has returned to work and the sole |
| | | 09800HB3390sam001 | - 59 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | issue in dispute amounts to less than 12 weeks of unpaid | 2 | | compensation pursuant to paragraph (b) of Section 8. | 3 | | Expedited hearings shall have priority over all other | 4 | | petitions and shall be heard by the Arbitrator and Commission | 5 | | with all convenient speed. Any party requesting an expedited | 6 | | hearing shall give notice of a request for an expedited hearing | 7 | | under this paragraph. A copy of the Application for Adjustment | 8 | | of Claim shall be attached to the notice. The Commission shall | 9 | | adopt rules and procedures under which the final decision of | 10 | | the Commission under this paragraph is filed not later than 180 | 11 | | days from the date that the Petition for Review is filed with | 12 | | the Commission. | 13 | | Where 2 or more insurance carriers, private self-insureds, | 14 | | or a group workers' compensation pool under Article V 3/4 of | 15 | | the Illinois Insurance Code dispute coverage for the same | 16 | | injury, any such insurance carrier, private self-insured, or | 17 | | group workers' compensation pool may request an expedited | 18 | | hearing pursuant to this paragraph to determine the issue of | 19 | | coverage, provided coverage is the only issue in dispute and | 20 | | all other issues are stipulated and agreed to and further | 21 | | provided that all compensation benefits including medical | 22 | | benefits pursuant to Section 8(a) continue to be paid to or on | 23 | | behalf of petitioner. Any insurance carrier, private | 24 | | self-insured, or group workers' compensation pool that is | 25 | | determined to be liable for coverage for the injury in issue | 26 | | shall reimburse any insurance carrier, private self-insured, |
| | | 09800HB3390sam001 | - 60 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | or group workers' compensation pool that has paid benefits to | 2 | | or on behalf of petitioner for the injury.
| 3 | | (b-1) If the employee is not receiving medical, surgical or | 4 | | hospital
services as provided in paragraph (a) of Section 8 or | 5 | | compensation as
provided in paragraph (b) of Section 8, the | 6 | | employee, in accordance with
Commission Rules, may file a | 7 | | petition for an emergency hearing by an
Arbitrator on the issue | 8 | | of whether or not he is entitled to receive payment
of such | 9 | | compensation or services as provided therein. Such petition | 10 | | shall
have priority over all other petitions and shall be heard | 11 | | by the Arbitrator
and Commission with all convenient speed.
| 12 | | Such petition shall contain the following information and | 13 | | shall be served
on the employer at least 15 days before it is | 14 | | filed:
| 15 | | (i) the date and approximate time of accident;
| 16 | | (ii) the approximate location of the accident;
| 17 | | (iii) a description of the accident;
| 18 | | (iv) the nature of the injury incurred by the employee;
| 19 | | (v) the identity of the person, if known, to whom the | 20 | | accident was
reported and the date on which it was | 21 | | reported;
| 22 | | (vi) the name and title of the person, if known, | 23 | | representing the
employer with whom the employee conferred | 24 | | in any effort to obtain
compensation pursuant to paragraph | 25 | | (b) of Section 8 of this Act or medical,
surgical or | 26 | | hospital services pursuant to paragraph (a) of Section 8 of
|
| | | 09800HB3390sam001 | - 61 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | this Act and the date of such conference;
| 2 | | (vii) a statement that the employer has refused to pay | 3 | | compensation
pursuant to paragraph (b) of Section 8 of this | 4 | | Act or for medical, surgical
or hospital services pursuant | 5 | | to paragraph (a) of Section 8 of this Act;
| 6 | | (viii) the name and address, if known, of each witness | 7 | | to the accident
and of each other person upon whom the | 8 | | employee will rely to support his
allegations;
| 9 | | (ix) the dates of treatment related to the accident by | 10 | | medical
practitioners, and the names and addresses of such | 11 | | practitioners, including
the dates of treatment related to | 12 | | the accident at any hospitals and the
names and addresses | 13 | | of such hospitals, and a signed authorization
permitting | 14 | | the employer to examine all medical records of all | 15 | | practitioners
and hospitals named pursuant to this | 16 | | paragraph;
| 17 | | (x) a copy of a signed report by a medical | 18 | | practitioner, relating to the
employee's current inability | 19 | | to return to work because of the injuries
incurred as a | 20 | | result of the accident or such other documents or | 21 | | affidavits
which show that the employee is entitled to | 22 | | receive compensation pursuant
to paragraph (b) of Section 8 | 23 | | of this Act or medical, surgical or hospital
services | 24 | | pursuant to paragraph (a) of Section 8 of this Act. Such | 25 | | reports,
documents or affidavits shall state, if possible, | 26 | | the history of the
accident given by the employee, and |
| | | 09800HB3390sam001 | - 62 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | describe the injury and medical
diagnosis, the medical | 2 | | services for such injury which the employee has
received | 3 | | and is receiving, the physical activities which the | 4 | | employee
cannot currently perform as a result of any | 5 | | impairment or disability due to
such injury, and the | 6 | | prognosis for recovery;
| 7 | | (xi) complete copies of any reports, records, | 8 | | documents and affidavits
in the possession of the employee | 9 | | on which the employee will rely to
support his allegations, | 10 | | provided that the employer shall pay the
reasonable cost of | 11 | | reproduction thereof;
| 12 | | (xii) a list of any reports, records, documents and | 13 | | affidavits which
the employee has demanded by subpoena and | 14 | | on which he intends to
rely to support his allegations;
| 15 | | (xiii) a certification signed by the employee or his | 16 | | representative that
the employer has received the petition | 17 | | with the required information 15
days before filing.
| 18 | | Fifteen days after receipt by the employer of the petition | 19 | | with the
required information the employee may file said | 20 | | petition and required
information and shall serve notice of the | 21 | | filing upon the employer. The
employer may file a motion | 22 | | addressed to the sufficiency of the petition.
If an objection | 23 | | has been filed to the sufficiency of the petition, the
| 24 | | arbitrator shall rule on the objection within 2 working days. | 25 | | If such an
objection is filed, the time for filing the final | 26 | | decision of the
Commission as provided in this paragraph shall |
| | | 09800HB3390sam001 | - 63 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | be tolled until the
arbitrator has determined that the petition | 2 | | is sufficient.
| 3 | | The employer shall, within 15 days after receipt of the | 4 | | notice that such
petition is filed, file with the Commission | 5 | | and serve on the employee or
his representative a written | 6 | | response to each claim set forth in the
petition, including the | 7 | | legal and factual basis for each disputed
allegation and the | 8 | | following information: (i) complete copies of any
reports, | 9 | | records, documents and affidavits in the possession of the
| 10 | | employer on which the employer intends to rely in support of | 11 | | his response,
(ii) a list of any reports, records, documents | 12 | | and affidavits which the
employer has demanded by subpoena and | 13 | | on which the employer intends to rely
in support of his | 14 | | response, (iii) the name and address of each witness on
whom | 15 | | the employer will rely to support his response, and (iv) the | 16 | | names and
addresses of any medical practitioners selected by | 17 | | the employer pursuant to
Section 12 of this Act and the time | 18 | | and place of any examination scheduled
to be made pursuant to | 19 | | such Section.
| 20 | | Any employer who does not timely file and serve a written | 21 | | response
without good cause may not introduce any evidence to | 22 | | dispute any claim of
the employee but may cross examine the | 23 | | employee or any witness brought by
the employee and otherwise | 24 | | be heard.
| 25 | | No document or other evidence not previously identified by | 26 | | either party
with the petition or written response, or by any |
| | | 09800HB3390sam001 | - 64 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | other means before the
hearing, may be introduced into evidence | 2 | | without good cause.
If, at the hearing, material information is | 3 | | discovered which was
not previously disclosed, the Arbitrator | 4 | | may extend the time for closing
proof on the motion of a party | 5 | | for a reasonable period of time which may
be more than 30 days. | 6 | | No evidence may be introduced pursuant
to this paragraph as to | 7 | | permanent disability. No award may be entered for
permanent | 8 | | disability pursuant to this paragraph. Either party may | 9 | | introduce
into evidence the testimony taken by deposition of | 10 | | any medical practitioner.
| 11 | | The Commission shall adopt rules, regulations and | 12 | | procedures whereby the
final decision of the Commission is | 13 | | filed not later than 90 days from the
date the petition for | 14 | | review is filed but in no event later than 180 days from
the | 15 | | date the petition for an emergency hearing is filed with the | 16 | | Illinois Workers' Compensation
Commission.
| 17 | | All service required pursuant to this paragraph (b-1) must | 18 | | be by personal
service or by certified mail and with evidence | 19 | | of receipt. In addition for
the purposes of this paragraph, all | 20 | | service on the employer must be at the
premises where the | 21 | | accident occurred if the premises are owned or operated
by the | 22 | | employer. Otherwise service must be at the employee's principal
| 23 | | place of employment by the employer. If service on the employer | 24 | | is not
possible at either of the above, then service shall be | 25 | | at the employer's
principal place of business. After initial | 26 | | service in each case, service
shall be made on the employer's |
| | | 09800HB3390sam001 | - 65 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | attorney or designated representative.
| 2 | | (c) (1) At a reasonable time in advance of and in | 3 | | connection with the
hearing under Section 19(e) or 19(h), the | 4 | | Commission may on its own motion
order an impartial physical or | 5 | | mental examination of a petitioner whose
mental or physical | 6 | | condition is in issue, when in the Commission's
discretion it | 7 | | appears that such an examination will materially aid in the
| 8 | | just determination of the case. The examination shall be made | 9 | | by a member
or members of a panel of physicians chosen for | 10 | | their special qualifications
by the Illinois State Medical | 11 | | Society. The Commission shall establish
procedures by which a | 12 | | physician shall be selected from such list.
| 13 | | (2) Should the Commission at any time during the hearing | 14 | | find that
compelling considerations make it advisable to have | 15 | | an examination and
report at that time, the commission may in | 16 | | its discretion so order.
| 17 | | (3) A copy of the report of examination shall be given to | 18 | | the Commission
and to the attorneys for the parties.
| 19 | | (4) Either party or the Commission may call the examining | 20 | | physician or
physicians to testify. Any physician so called | 21 | | shall be subject to
cross-examination.
| 22 | | (5) The examination shall be made, and the physician or | 23 | | physicians, if
called, shall testify, without cost to the | 24 | | parties. The Commission shall
determine the compensation and | 25 | | the pay of the physician or physicians. The
compensation for | 26 | | this service shall not exceed the usual and customary amount
|
| | | 09800HB3390sam001 | - 66 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | for such service.
| 2 | | (6) The fees and payment thereof of all attorneys and | 3 | | physicians for
services authorized by the Commission under this | 4 | | Act shall, upon request
of either the employer or the employee | 5 | | or the beneficiary affected, be
subject to the review and | 6 | | decision of the Commission.
| 7 | | (d) If any employee shall persist in insanitary or | 8 | | injurious
practices which tend to either imperil or retard his | 9 | | recovery or shall
refuse to submit to such medical, surgical, | 10 | | or hospital treatment as is
reasonably essential to promote his | 11 | | recovery, the Commission may, in its
discretion, reduce or | 12 | | suspend the compensation of any such injured
employee. However, | 13 | | when an employer and employee so agree in writing,
the | 14 | | foregoing provision shall not be construed to authorize the
| 15 | | reduction or suspension of compensation of an employee who is | 16 | | relying in
good faith, on treatment by prayer or spiritual | 17 | | means alone, in
accordance with the tenets and practice of a | 18 | | recognized church or
religious denomination, by a duly | 19 | | accredited practitioner thereof.
| 20 | | (e) This paragraph shall apply to all hearings before the | 21 | | Commission.
Such hearings may be held in its office or | 22 | | elsewhere as the Commission
may deem advisable. The taking of | 23 | | testimony on such hearings may be had
before any member of the | 24 | | Commission. If a petition for review and agreed
statement of | 25 | | facts or transcript of evidence is filed, as provided herein,
| 26 | | the Commission shall promptly review the decision of the |
| | | 09800HB3390sam001 | - 67 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Arbitrator and all
questions of law or fact which appear from | 2 | | the statement of facts or
transcript of evidence.
| 3 | | In all cases in which the hearing before the arbitrator is | 4 | | held after
December 18, 1989, no additional evidence shall be | 5 | | introduced by the
parties before the Commission on review of | 6 | | the decision of the Arbitrator.
In reviewing decisions of an | 7 | | arbitrator the Commission shall award such
temporary | 8 | | compensation, permanent compensation and other payments as are
| 9 | | due under this Act. The Commission shall file in its office its | 10 | | decision
thereon, and shall immediately send to each party or | 11 | | his attorney a copy of
such decision and a notification of the | 12 | | time when it was filed. Decisions
shall be filed within 60 days | 13 | | after the Statement of Exceptions and
Supporting Brief and | 14 | | Response thereto are required to be filed or oral
argument | 15 | | whichever is later.
| 16 | | In the event either party requests oral argument, such | 17 | | argument shall be
had before a panel of 3 members of the | 18 | | Commission (or before all available
members pursuant to the | 19 | | determination of 7 members of the Commission that
such argument | 20 | | be held before all available members of the Commission)
| 21 | | pursuant to the rules and regulations of the Commission. A | 22 | | panel of 3
members, which shall be comprised of not more than | 23 | | one representative
citizen of the employing class and not more | 24 | | than one representative citizen
of the employee class, shall | 25 | | hear the argument; provided that if all the
issues in dispute | 26 | | are solely the nature and extent of the permanent partial
|
| | | 09800HB3390sam001 | - 68 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | disability, if any, a majority of the panel may deny the | 2 | | request for such
argument and such argument shall not be held; | 3 | | and provided further that 7
members of the Commission may | 4 | | determine that the argument be held before
all available | 5 | | members of the Commission. A decision of the Commission
shall | 6 | | be approved by a majority of Commissioners present at such | 7 | | hearing if
any; provided, if no such hearing is held, a | 8 | | decision of the Commission
shall be approved by a majority of a | 9 | | panel of 3 members of the Commission
as described in this | 10 | | Section. The Commission shall give 10 days' notice to
the | 11 | | parties or their attorneys of the time and place of such taking | 12 | | of
testimony and of such argument.
| 13 | | In any case the Commission in its decision may find | 14 | | specially
upon any question or questions of law or fact which | 15 | | shall be submitted
in writing by either party whether ultimate | 16 | | or otherwise;
provided that on issues other than nature and | 17 | | extent of the disability,
if any, the Commission in its | 18 | | decision shall find specially upon any
question or questions of | 19 | | law or fact, whether ultimate or otherwise,
which are submitted | 20 | | in writing by either party; provided further that
not more than | 21 | | 5 such questions may be submitted by either party. Any
party | 22 | | may, within 20 days after receipt of notice of the Commission's
| 23 | | decision, or within such further time, not exceeding 30 days, | 24 | | as the
Commission may grant, file with the Commission either an | 25 | | agreed
statement of the facts appearing upon the hearing, or, | 26 | | if such party
shall so elect, a correct transcript of evidence |
| | | 09800HB3390sam001 | - 69 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | of the additional
proceedings presented before the Commission, | 2 | | in which report the party
may embody a correct statement of | 3 | | such other proceedings in the case as
such party may desire to | 4 | | have reviewed, such statement of facts or
transcript of | 5 | | evidence to be authenticated by the signature of the
parties or | 6 | | their attorneys, and in the event that they do not agree,
then | 7 | | the authentication of such transcript of evidence shall be by | 8 | | the
signature of any member of the Commission.
| 9 | | If a reporter does not for any reason furnish a transcript | 10 | | of the
proceedings before the Arbitrator in any case for use on | 11 | | a hearing for
review before the Commission, within the | 12 | | limitations of time as fixed in
this Section, the Commission | 13 | | may, in its discretion, order a trial de
novo before the | 14 | | Commission in such case upon application of either
party. The | 15 | | applications for adjustment of claim and other documents in
the | 16 | | nature of pleadings filed by either party, together with the
| 17 | | decisions of the Arbitrator and of the Commission and the | 18 | | statement of
facts or transcript of evidence hereinbefore | 19 | | provided for in paragraphs
(b) and (c) shall be the record of | 20 | | the proceedings of the Commission,
and shall be subject to | 21 | | review as hereinafter provided.
| 22 | | At the request of either party or on its own motion, the | 23 | | Commission shall
set forth in writing the reasons for the | 24 | | decision, including findings of
fact and conclusions of law | 25 | | separately stated. The Commission shall by rule
adopt a format | 26 | | for written decisions for the Commission and arbitrators.
The |
| | | 09800HB3390sam001 | - 70 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | written decisions shall be concise and shall succinctly state | 2 | | the facts
and reasons for the decision. The Commission may | 3 | | adopt in whole or in part,
the decision of the arbitrator as | 4 | | the decision of the Commission. When the
Commission does so | 5 | | adopt the decision of the arbitrator, it shall do so by
order. | 6 | | Whenever the Commission adopts part of the arbitrator's | 7 | | decision,
but not all, it shall include in the order the | 8 | | reasons for not adopting all
of the arbitrator's decision. When | 9 | | a majority of a panel, after
deliberation, has arrived at its | 10 | | decision, the decision shall be filed as
provided in this | 11 | | Section without unnecessary delay, and without regard to
the | 12 | | fact that a member of the panel has expressed an intention to | 13 | | dissent.
Any member of the panel may file a dissent. Any | 14 | | dissent shall be filed no
later than 10 days after the decision | 15 | | of the majority has been filed.
| 16 | | Decisions rendered by the Commission and dissents, if any, | 17 | | shall be
published together by the Commission. The conclusions | 18 | | of law set out in
such decisions shall be regarded as | 19 | | precedents by arbitrators for the purpose
of achieving a more | 20 | | uniform administration of this Act.
| 21 | | (f) The decision of the Commission acting within its | 22 | | powers,
according to the provisions of paragraph (e) of this | 23 | | Section shall, in
the absence of fraud, be conclusive unless | 24 | | reviewed as in this paragraph
hereinafter provided. However, | 25 | | the Arbitrator or the Commission may on
his or its own motion, | 26 | | or on the motion of either party, correct any
clerical error or |
| | | 09800HB3390sam001 | - 71 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | errors in computation within 15 days after the date of
receipt | 2 | | of any award by such Arbitrator or any decision on review of | 3 | | the
Commission and shall have the power to recall the original | 4 | | award on
arbitration or decision on review, and issue in lieu | 5 | | thereof such
corrected award or decision. Where such correction | 6 | | is made the time for
review herein specified shall begin to run | 7 | | from the date of
the receipt of the corrected award or | 8 | | decision.
| 9 | | (1) Except in cases of claims against the State of | 10 | | Illinois other than those claims under Section 18.1, in
| 11 | | which case the decision of the Commission shall not be | 12 | | subject to
judicial review, the Circuit Court of the county | 13 | | where any of the
parties defendant may be found, or if none | 14 | | of the parties defendant can
be found in this State then | 15 | | the Circuit Court of the county where the
accident | 16 | | occurred, shall by summons to the Commission have
power to | 17 | | review all questions of law and fact presented by such | 18 | | record.
| 19 | | A proceeding for review shall be commenced within 20 | 20 | | days of
the receipt of notice of the decision of the | 21 | | Commission. The summons shall
be issued by the clerk of | 22 | | such court upon written request returnable on a
designated | 23 | | return day, not less than 10 or more than 60 days from the | 24 | | date
of issuance thereof, and the written request shall | 25 | | contain the last known
address of other parties in interest | 26 | | and their attorneys of record who are
to be served by |
| | | 09800HB3390sam001 | - 72 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | summons. Service upon any member of the Commission or the
| 2 | | Secretary or the Assistant Secretary thereof shall be | 3 | | service upon the
Commission, and service upon other parties | 4 | | in interest and their attorneys
of record shall be by | 5 | | summons, and such service shall be made upon the
Commission | 6 | | and other parties in interest by mailing notices of the
| 7 | | commencement of the proceedings and the return day of the | 8 | | summons to the
office of the Commission and to the last | 9 | | known place of residence of other
parties in interest or | 10 | | their attorney or attorneys of record. The clerk of
the | 11 | | court issuing the summons shall on the day of issue mail | 12 | | notice of the
commencement of the proceedings which shall | 13 | | be done by mailing a copy of
the summons to the office of | 14 | | the Commission, and a copy of the summons to
the other | 15 | | parties in interest or their attorney or attorneys of | 16 | | record and
the clerk of the court shall make certificate | 17 | | that he has so sent said
notices in pursuance of this | 18 | | Section, which shall be evidence of service on
the | 19 | | Commission and other parties in interest.
| 20 | | The Commission shall not be required to certify the | 21 | | record of their
proceedings to the Circuit Court, unless | 22 | | the party commencing the
proceedings for review in the | 23 | | Circuit Court as above provided, shall pay
to the | 24 | | Commission the sum of 80˘ per page of testimony taken | 25 | | before the
Commission, and 35˘ per page of all other | 26 | | matters contained in such
record, except as otherwise |
| | | 09800HB3390sam001 | - 73 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | provided by Section 20 of this Act. Payment
for photostatic | 2 | | copies of exhibit shall be extra. It shall be the duty
of | 3 | | the Commission upon receipt of the summons from the Circuit | 4 | | Court such payment, or failure to pay as permitted
under | 5 | | Section 20 of this Act, to prepare a true and correct | 6 | | typewritten
copy of such testimony and a true and correct | 7 | | copy of all other matters
contained in such record and | 8 | | certified to by the Secretary or Assistant
Secretary | 9 | | thereof. The changes made to this subdivision (f)(1) apply | 10 | | to any Commission decision received after the effective | 11 | | date of this amendatory Act of the 98th General Assembly.
| 12 | | In its decision on review the Commission shall | 13 | | determine in each
particular case the amount of the | 14 | | probable cost of the record to be
filed as a part of the | 15 | | summons in that case and no request for a summons
may be | 16 | | filed and no summons shall issue unless the party seeking | 17 | | to review
the decision of the Commission shall exhibit to | 18 | | the clerk of the Circuit
Court proof of payment by filing a | 19 | | receipt showing payment or an affidavit
of the attorney | 20 | | setting forth that payment has been made of the sums so
| 21 | | determined to the Secretary or Assistant Secretary of the | 22 | | Commission,
except as otherwise provided by Section 20 of | 23 | | this Act.
| 24 | | (2) No such summons shall issue unless the one against | 25 | | whom the
Commission shall have rendered an award for the | 26 | | payment of money shall upon
the filing of his written |
| | | 09800HB3390sam001 | - 74 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | request for such summons file with the clerk of
the court a | 2 | | bond conditioned that if he shall not successfully
| 3 | | prosecute the review, he will pay the award and the costs | 4 | | of the
proceedings in the courts. The amount of the bond | 5 | | shall be fixed by any
member of the Commission and the | 6 | | surety or sureties of the bond shall be
approved by the | 7 | | clerk of the court. The acceptance of the bond by the
clerk | 8 | | of the court shall constitute evidence of his approval of | 9 | | the bond.
| 10 | | Every county, city, town, township, incorporated | 11 | | village, school
district, body politic or municipal | 12 | | corporation against whom the
Commission shall have | 13 | | rendered an award for the payment of money shall
not be | 14 | | required to file a bond to secure the payment of the award | 15 | | and
the costs of the proceedings in the court to authorize | 16 | | the court to
issue such summons.
| 17 | | The court may confirm or set aside the decision of the | 18 | | Commission. If
the decision is set aside and the facts | 19 | | found in the proceedings before
the Commission are | 20 | | sufficient, the court may enter such decision as is
| 21 | | justified by law, or may remand the cause to the Commission | 22 | | for further
proceedings and may state the questions | 23 | | requiring further hearing, and
give such other | 24 | | instructions as may be proper. Appeals shall be taken
to | 25 | | the Appellate Court in accordance
with Supreme Court Rules | 26 | | 22(g) and 303. Appeals
shall be taken from the Appellate
|
| | | 09800HB3390sam001 | - 75 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Court to the Supreme Court in accordance with Supreme Court | 2 | | Rule 315.
| 3 | | It shall be the duty of the clerk of any court | 4 | | rendering a decision
affecting or affirming an award of the | 5 | | Commission to promptly furnish
the Commission with a copy | 6 | | of such decision, without charge.
| 7 | | The decision of a majority of the members of the panel | 8 | | of the Commission,
shall be considered the decision of the | 9 | | Commission.
| 10 | | (g) Except in the case of a claim against the State of | 11 | | Illinois,
either party may present a certified copy of the | 12 | | award of the
Arbitrator, or a certified copy of the decision of | 13 | | the Commission when
the same has become final, when no | 14 | | proceedings for review are pending,
providing for the payment | 15 | | of compensation according to this Act, to the
Circuit Court of | 16 | | the county in which such accident occurred or either of
the | 17 | | parties are residents, whereupon the court shall enter a | 18 | | judgment
in accordance therewith. In a case where the employer | 19 | | refuses to pay
compensation according to such final award or | 20 | | such final decision upon
which such judgment is entered the | 21 | | court shall in entering judgment
thereon, tax as costs against | 22 | | him the reasonable costs and attorney fees
in the arbitration | 23 | | proceedings and in the court entering the judgment
for the | 24 | | person in whose favor the judgment is entered, which judgment
| 25 | | and costs taxed as therein provided shall, until and unless set | 26 | | aside,
have the same effect as though duly entered in an action |
| | | 09800HB3390sam001 | - 76 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | duly tried and
determined by the court, and shall with like | 2 | | effect, be entered and
docketed. The Circuit Court shall have | 3 | | power at any time upon
application to make any such judgment | 4 | | conform to any modification
required by any subsequent decision | 5 | | of the Supreme Court upon appeal, or
as the result of any | 6 | | subsequent proceedings for review, as provided in
this Act.
| 7 | | Judgment shall not be entered until 15 days' notice of the | 8 | | time and
place of the application for the entry of judgment | 9 | | shall be served upon
the employer by filing such notice with | 10 | | the Commission, which Commission
shall, in case it has on file | 11 | | the address of the employer or the name
and address of its | 12 | | agent upon whom notices may be served, immediately
send a copy | 13 | | of the notice to the employer or such designated agent.
| 14 | | (h) An agreement or award under this Act providing for | 15 | | compensation
in installments, may at any time within 18 months | 16 | | after such agreement
or award be reviewed by the Commission at | 17 | | the request of either the
employer or the employee, on the | 18 | | ground that the disability of the
employee has subsequently | 19 | | recurred, increased, diminished or ended.
| 20 | | However, as to accidents occurring subsequent to July 1, | 21 | | 1955, which
are covered by any agreement or award under this | 22 | | Act providing for
compensation in installments made as a result | 23 | | of such accident, such
agreement or award may at any time | 24 | | within 30 months, or 60 months in the case of an award under | 25 | | Section 8(d)1, after such agreement
or award be reviewed by the | 26 | | Commission at the request of either the
employer or the |
| | | 09800HB3390sam001 | - 77 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | employee on the ground that the disability of the
employee has | 2 | | subsequently recurred, increased, diminished or ended.
| 3 | | On such review, compensation payments may be | 4 | | re-established,
increased, diminished or ended. The Commission | 5 | | shall give 15 days'
notice to the parties of the hearing for | 6 | | review. Any employee, upon any
petition for such review being | 7 | | filed by the employer, shall be entitled
to one day's notice | 8 | | for each 100 miles necessary to be traveled by him in
attending | 9 | | the hearing of the Commission upon the petition, and 3 days in
| 10 | | addition thereto. Such employee shall, at the discretion of the
| 11 | | Commission, also be entitled to 5 cents per mile necessarily | 12 | | traveled by
him within the State of Illinois in attending such | 13 | | hearing, not to
exceed a distance of 300 miles, to be taxed by | 14 | | the Commission as costs
and deposited with the petition of the | 15 | | employer.
| 16 | | When compensation which is payable in accordance with an | 17 | | award or
settlement contract approved by the Commission, is | 18 | | ordered paid in a
lump sum by the Commission, no review shall | 19 | | be had as in this paragraph
mentioned.
| 20 | | (i) Each party, upon taking any proceedings or steps | 21 | | whatsoever
before any Arbitrator, Commission or court, shall | 22 | | file with the Commission
his address, or the name and address | 23 | | of any agent upon whom all notices to
be given to such party | 24 | | shall be served, either personally or by registered
mail, | 25 | | addressed to such party or agent at the last address so filed | 26 | | with
the Commission. In the event such party has not filed his |
| | | 09800HB3390sam001 | - 78 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | address, or the
name and address of an agent as above provided, | 2 | | service of any notice may
be had by filing such notice with the | 3 | | Commission.
| 4 | | (j) Whenever in any proceeding testimony has been taken or | 5 | | a final
decision has been rendered and after the taking of such | 6 | | testimony or
after such decision has become final, the injured | 7 | | employee dies, then in
any subsequent proceedings brought by | 8 | | the personal representative or
beneficiaries of the deceased | 9 | | employee, such testimony in the former
proceeding may be | 10 | | introduced with the same force and effect as though
the witness | 11 | | having so testified were present in person in such
subsequent | 12 | | proceedings and such final decision, if any, shall be taken
as | 13 | | final adjudication of any of the issues which are the same in | 14 | | both
proceedings.
| 15 | | (k) In a case where there has been any unreasonable or | 16 | | vexatious delay in the authorization of medical treatment or in | 17 | | the
of payment of compensation or an intentional underpayment | 18 | | of compensation, or proceedings
have been instituted or carried | 19 | | on by the one liable to pay the
compensation, which do not | 20 | | present a real controversy, but are merely
frivolous or for | 21 | | delay, then the Commission may award compensation
additional to | 22 | | that otherwise payable under this Act equal to 50% of the
| 23 | | amount payable at the time of such award. Failure to pay | 24 | | compensation
in accordance with the provisions of Section 8, | 25 | | paragraph (b) of this
Act, shall be considered unreasonable | 26 | | delay.
|
| | | 09800HB3390sam001 | - 79 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | When determining whether this subsection (k) shall apply, | 2 | | the
Commission shall consider whether an Arbitrator has | 3 | | determined
that the claim is not compensable or whether the | 4 | | employer has
made payments under Section 8(j). | 5 | | (l) If the employee has made written demand for payment of
| 6 | | benefits under Section 8(a) or Section 8(b), the employer shall
| 7 | | have 14 days after receipt of the demand to set forth in
| 8 | | writing the reason for the delay. In the case of demand for
| 9 | | payment of medical benefits under Section 8(a), the time for
| 10 | | the employer to respond shall not commence until the expiration
| 11 | | of the allotted 30 days specified under Section 8.2(d). In case
| 12 | | the employer or his or her insurance carrier shall without good | 13 | | and
just cause fail, neglect, refuse, or unreasonably delay the
| 14 | | payment of benefits under Section 8(a) or Section 8(b), the
| 15 | | Arbitrator or the Commission shall allow to the employee
| 16 | | additional compensation in the sum of $30 per day for each day
| 17 | | that the benefits under Section 8(a) or Section 8(b) have been
| 18 | | so withheld or refused, not to exceed $10,000.
A delay in | 19 | | payment of 14 days or more
shall create a rebuttable | 20 | | presumption of unreasonable delay.
| 21 | | (m) If the commission finds that an accidental injury was | 22 | | directly
and proximately caused by the employer's wilful | 23 | | violation of a health
and safety standard under the Health and | 24 | | Safety Act in force at the time of the
accident, the arbitrator | 25 | | or the Commission shall allow to the injured
employee or his | 26 | | dependents, as the case may be, additional compensation
equal |
| | | 09800HB3390sam001 | - 80 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | to 25% of the amount which otherwise would be payable under the
| 2 | | provisions of this Act exclusive of this paragraph. The | 3 | | additional
compensation herein provided shall be allowed by an | 4 | | appropriate increase
in the applicable weekly compensation | 5 | | rate.
| 6 | | (n) After June 30, 1984 and before January 1, 2014 , | 7 | | decisions of the Illinois Workers' Compensation Commission
| 8 | | reviewing an award of an arbitrator of the Commission shall | 9 | | draw interest
at a rate equal to the yield on indebtedness | 10 | | issued by the United States
Government with a 26-week maturity | 11 | | next previously auctioned on the day on
which the decision is | 12 | | filed. Said rate of interest shall be set forth in
the | 13 | | Arbitrator's Decision. Beginning January 1, 2014, decisions of | 14 | | the Illinois Workers' Compensation Commission reviewing an | 15 | | award of an arbitrator of the Commission shall draw interest at | 16 | | a rate equal to 3 percentage points above the average quoted | 17 | | prime rate on short-term commercial loans in effect on the day | 18 | | on which the decision is made, as reported by the Board of | 19 | | Governors of the Federal Reserve System in Statistical Release | 20 | | H. 15 ("Selected Interest Rates"), or any successor Release | 21 | | reporting such rate. Interest shall be drawn from the date of | 22 | | the
arbitrator's award on all accrued compensation due the | 23 | | employee through the
day prior to the date of payments. | 24 | | However, when an employee appeals an
award of an Arbitrator or | 25 | | the Commission, and the appeal results in no
change or a | 26 | | decrease in the award, interest shall not further accrue from
|
| | | 09800HB3390sam001 | - 81 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | the date of such appeal.
| 2 | | The employer or his insurance carrier may tender the | 3 | | payments due under
the award to stop the further accrual of | 4 | | interest on such award
notwithstanding the prosecution by | 5 | | either party of review, certiorari,
appeal to the Supreme Court | 6 | | or other steps to reverse, vacate or modify
the award.
| 7 | | (o) By the 15th day of each month each insurer providing | 8 | | coverage for
losses under this Act shall notify each insured | 9 | | employer of any compensable
claim incurred during the preceding | 10 | | month and the amounts paid or reserved
on the claim including a | 11 | | summary of the claim and a brief statement of the
reasons for | 12 | | compensability. A cumulative report of all claims incurred
| 13 | | during a calendar year or continued from the previous year | 14 | | shall be
furnished to the insured employer by the insurer | 15 | | within 30 days after the
end of that calendar year.
| 16 | | The insured employer may challenge, in proceeding before | 17 | | the Commission,
payments made by the insurer without | 18 | | arbitration and payments
made after a case is determined to be | 19 | | noncompensable. If the Commission
finds that the case was not | 20 | | compensable, the insurer shall purge its records
as to that | 21 | | employer of any loss or expense associated with the claim, | 22 | | reimburse
the employer for attorneys' fees arising from the | 23 | | challenge and for any
payment required of the employer to the | 24 | | Rate Adjustment Fund or the
Second Injury Fund, and may not | 25 | | reflect the loss or expense for rate making
purposes. The | 26 | | employee shall not be required to refund the challenged
|
| | | 09800HB3390sam001 | - 82 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | payment. The decision of the Commission may be reviewed in the | 2 | | same manner
as in arbitrated cases. No challenge may be | 3 | | initiated under this paragraph
more than 3 years after the | 4 | | payment is made. An employer may waive the
right of challenge | 5 | | under this paragraph on a case by case basis.
| 6 | | (p) After filing an application for adjustment of claim but | 7 | | prior to
the hearing on arbitration the parties may voluntarily | 8 | | agree to submit such
application for adjustment of claim for | 9 | | decision by an arbitrator under
this subsection (p) where such | 10 | | application for adjustment of claim raises
only a dispute over | 11 | | temporary total disability, permanent partial
disability or | 12 | | medical expenses. Such agreement shall be in writing in such
| 13 | | form as provided by the Commission. Applications for adjustment | 14 | | of claim
submitted for decision by an arbitrator under this | 15 | | subsection (p) shall
proceed according to rule as established | 16 | | by the Commission. The Commission
shall promulgate rules | 17 | | including, but not limited to, rules to ensure that
the parties | 18 | | are adequately informed of their rights under this subsection
| 19 | | (p) and of the voluntary nature of proceedings under this | 20 | | subsection (p).
The findings of fact made by an arbitrator | 21 | | acting within his or her powers
under this subsection (p) in | 22 | | the absence of fraud shall be conclusive.
However, the | 23 | | arbitrator may on his own motion, or the motion of either
| 24 | | party, correct any clerical errors or errors in computation | 25 | | within 15 days
after the date of receipt of such award of the | 26 | | arbitrator
and shall have the power to recall the original |
| | | 09800HB3390sam001 | - 83 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | award on arbitration, and
issue in lieu thereof such corrected | 2 | | award.
The decision of the arbitrator under this subsection (p) | 3 | | shall be
considered the decision of the Commission and | 4 | | proceedings for review of
questions of law arising from the | 5 | | decision may be commenced by either party
pursuant to | 6 | | subsection (f) of Section 19. The Advisory Board established
| 7 | | under Section 13.1 shall compile a list of certified Commission
| 8 | | arbitrators, each of whom shall be approved by at least 7 | 9 | | members of the
Advisory Board. The chairman shall select 5 | 10 | | persons from such list to
serve as arbitrators under this | 11 | | subsection (p). By agreement, the parties
shall select one | 12 | | arbitrator from among the 5 persons selected by the
chairman | 13 | | except that if the parties do not agree on an arbitrator from
| 14 | | among the 5 persons, the parties may, by agreement, select an | 15 | | arbitrator of
the American Arbitration Association, whose fee | 16 | | shall be paid by the State
in accordance with rules promulgated | 17 | | by the Commission. Arbitration under
this subsection (p) shall | 18 | | be voluntary.
| 19 | | (Source: P.A. 97-18, eff. 6-28-11.)
| 20 | | (820 ILCS 305/19a) (from Ch. 48, par. 138.19b)
| 21 | | Sec. 19a.
Money received by the Commission pursuant to | 22 | | subsection (f) of
Section 19 of this Act shall be paid into a | 23 | | trust fund outside the State
Treasury and shall be held in such | 24 | | fund until completion of the record for
which the payment was | 25 | | made. The Secretary of the Commission shall be
ex-officio |
| | | 09800HB3390sam001 | - 84 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | custodian of such trust fund which shall be used only for the
| 2 | | purpose specified in this section. Upon completion of the | 3 | | record the
Secretary shall pay the amount so held to the person | 4 | | entitled thereto for
preparation of the record. Within 60 days | 5 | | after the effective date of this amendatory Act of the 98th | 6 | | General Assembly, the Secretary of the Commission shall | 7 | | transfer all remaining funds to the Injured Workers' Benefit | 8 | | Fund for the purpose of paying claims from injured employees | 9 | | who have received a final award for benefits from the | 10 | | Commission against the employer in Fiscal Year 2013.
| 11 | | (Source: Laws 1967, p. 324.)
| 12 | | (820 ILCS 305/20) (from Ch. 48, par. 138.20)
| 13 | | Sec. 20.
If the Commission shall, before or after any | 14 | | hearing, proceeding,
or review to any court, be satisfied that | 15 | | the employee is a poor person,
and unable to pay the costs and | 16 | | expenses provided for by this Act, the
Commission shall permit | 17 | | such poor person to have all the rights and
remedies provided | 18 | | by this Act, including the issuance and service of
subpoenas; a | 19 | | transcript of testimony and the record of proceedings,
| 20 | | including photostatic copies of exhibits, at
hearings before an | 21 | | Arbitrator or the Commission; the right to have the
record of | 22 | | proceedings certified to the circuit court; the right to the
| 23 | | filing of a written request for summons; and the right to the
| 24 | | issuance of summons, without the filing of a bond for costs
and | 25 | | without the payment of any of the costs provided for by this |
| | | 09800HB3390sam001 | - 85 - | LRB098 07552 DRJ 45458 a |
|
| 1 | | Act. If
an award is granted to such employee, or settlement is | 2 | | made, the costs and
expenses chargeable to the employee as | 3 | | provided for by this Act shall be
paid by the employer out of | 4 | | the award herein granted, or settlement, before
any of the | 5 | | balance of the award or settlement is paid to the
employee.
| 6 | | (Source: P.A. 86-998.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
|
|