Full Text of SB1847 98th General Assembly
SB1847sam002 98TH GENERAL ASSEMBLY | Sen. Christine Radogno Filed: 4/10/2013
| | 09800SB1847sam002 | | LRB098 06378 JLS 43638 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1847
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1847, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Workers' Compensation Act is amended by | 6 | | changing Section 6 as follows:
| 7 | | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| 8 | | Sec. 6. (a) Every employer within the provisions of this | 9 | | Act, shall,
under the rules and regulations prescribed by the | 10 | | Commission, post
printed notices in their respective places of | 11 | | employment in such number
and at such places as may be | 12 | | determined by the Commission, containing
such information | 13 | | relative to this Act as in the judgment of the
Commission may | 14 | | be necessary to aid employees to safeguard their rights
under | 15 | | this Act in event of injury.
| 16 | | In addition thereto, the employer shall post in a |
| | | 09800SB1847sam002 | - 2 - | LRB098 06378 JLS 43638 a |
|
| 1 | | conspicuous place
on the place of the employment a printed or | 2 | | typewritten notice stating
whether he is insured or whether he | 3 | | has qualified and is operating as a
self-insured employer. In | 4 | | the event the employer is insured, the notice
shall state the | 5 | | name and address of his insurance carrier, the number of
the | 6 | | insurance policy, its effective date and the date of | 7 | | termination. In
the event of the termination of the policy for | 8 | | any reason prior to the
termination date stated, the posted | 9 | | notice shall promptly be corrected
accordingly. In the event | 10 | | the employer is operating as a self-insured
employer the notice | 11 | | shall state the name and address of the company, if
any, | 12 | | servicing the compensation payments of the employer, and the | 13 | | name
and address of the person in charge of making compensation | 14 | | payments.
| 15 | | (b) Every employer subject to this Act shall maintain | 16 | | accurate
records of work-related deaths, injuries and illness | 17 | | other than minor
injuries requiring only first aid treatment | 18 | | and which do not involve
medical treatment, loss of | 19 | | consciousness, restriction of work or motion,
or transfer to | 20 | | another job and file with the Commission, in writing, a
report | 21 | | of all accidental deaths, injuries and illnesses arising out of
| 22 | | and in the course of the employment resulting in the loss of | 23 | | more than
3 scheduled work days. In the case of death such | 24 | | report shall be
made no later than 2 working days following the | 25 | | accidental death. In
all other cases such report shall be made | 26 | | between the 15th and 25th of
each month unless required to be |
| | | 09800SB1847sam002 | - 3 - | LRB098 06378 JLS 43638 a |
|
| 1 | | made sooner by rule of the Commission.
In case the injury | 2 | | results in permanent disability, a further report
shall be made | 3 | | as soon as it is determined that such permanent disability
has | 4 | | resulted or will result from the injury. All reports shall | 5 | | state
the date of the injury, including the time of day or | 6 | | night, the nature
of the employer's business, the name, | 7 | | address, age, sex, conjugal
condition of the injured person, | 8 | | the specific occupation of the injured
person, the direct cause | 9 | | of the injury and the nature of the accident,
the character of | 10 | | the injury, the length of disability, and in case of
death the | 11 | | length of disability before death, the wages of the injured
| 12 | | person, whether compensation has been paid to the injured | 13 | | person, or to
his or her legal representative or his heirs or | 14 | | next of kin, the amount of
compensation paid, the amount paid | 15 | | for physicians', surgeons' and
hospital bills, and by whom | 16 | | paid, and the amount paid for funeral or
burial expenses if | 17 | | known. The reports shall be made on forms and in the
manner as | 18 | | prescribed by the Commission and shall contain such further
| 19 | | information as the Commission shall deem necessary and require. | 20 | | The
making of these reports releases the employer from making | 21 | | such reports
to any other officer of the State and shall | 22 | | satisfy the reporting
provisions as contained in the "Health | 23 | | and Safety Act" and "An Act in
relation to safety inspections | 24 | | and education in industrial and
commercial establishments and | 25 | | to repeal an Act therein named", approved
July 18, 1955, as now | 26 | | or hereafter amended. The reports filed with the
Commission |
| | | 09800SB1847sam002 | - 4 - | LRB098 06378 JLS 43638 a |
|
| 1 | | pursuant to this Section shall be made available by the
| 2 | | Commission to the Director of Labor or his representatives and | 3 | | to all
other departments of the State of Illinois which shall | 4 | | require such
information for the proper discharge of their | 5 | | official duties. Failure
to file with the Commission any of the | 6 | | reports required in this Section
is a petty offense.
| 7 | | Except as provided in this paragraph, all reports filed | 8 | | hereunder shall
be confidential and any person
having access to | 9 | | such records filed with the Illinois Workers' Compensation | 10 | | Commission as
herein required, who shall release any | 11 | | information therein contained
including the names or otherwise | 12 | | identify any persons sustaining
injuries or disabilities, or | 13 | | give access to such information to any
unauthorized person, | 14 | | shall be subject to discipline or discharge, and in
addition | 15 | | shall be guilty of a Class B misdemeanor. The Commission shall
| 16 | | compile and distribute to interested persons aggregate | 17 | | statistics, taken
from the reports filed hereunder. The | 18 | | aggregate statistics shall not give
the names or otherwise | 19 | | identify persons sustaining injuries or disabilities
or the | 20 | | employer of any injured or disabled person.
| 21 | | (c) Notice of the accident shall be given to the employer | 22 | | as soon as
practicable, but not later than 45 days after the | 23 | | accident. Provided:
| 24 | | (1) In case of the legal disability of the employee
or any | 25 | | dependent of a
deceased employee who may be entitled to | 26 | | compensation under the
provisions of this Act, the limitations |
| | | 09800SB1847sam002 | - 5 - | LRB098 06378 JLS 43638 a |
|
| 1 | | of time by this Act provided do
not begin to run against such | 2 | | person under legal disability
until a
guardian has been | 3 | | appointed.
| 4 | | (2) In cases of injuries sustained by exposure to | 5 | | radiological
materials or equipment, notice shall be given to | 6 | | the employer within 90
days subsequent to the time that the | 7 | | employee knows or suspects that he
has received an excessive | 8 | | dose of radiation.
| 9 | | No defect or inaccuracy of such notice shall be a bar to | 10 | | the
maintenance of proceedings on arbitration or otherwise by | 11 | | the employee
unless the employer proves that he is unduly | 12 | | prejudiced in such
proceedings by such defect or inaccuracy.
| 13 | | Notice of the accident shall give the approximate date and | 14 | | place of
the accident, if known, and may be given orally or in | 15 | | writing.
| 16 | | (d) Every employer shall notify each injured employee who | 17 | | has been
granted compensation under the provisions of Section 8 | 18 | | of this Act
of his rights to rehabilitation services and advise | 19 | | him of the locations
of available public rehabilitation centers | 20 | | and any other such services
of which the employer has | 21 | | knowledge.
| 22 | | In any case, other than one where the injury was caused by | 23 | | exposure
to radiological materials or equipment or asbestos | 24 | | unless the application for
compensation is filed with the | 25 | | Commission within 3 years after the date
of the accident, where | 26 | | no compensation has been paid, or within 2 years
after the date |
| | | 09800SB1847sam002 | - 6 - | LRB098 06378 JLS 43638 a |
|
| 1 | | of the last payment of compensation, where any has been
paid, | 2 | | whichever shall be later, the right to file such application | 3 | | shall
be barred.
| 4 | | In any case of injury caused by exposure to radiological | 5 | | materials or
equipment or asbestos, unless application for | 6 | | compensation is filed with the
Commission within 25 years after | 7 | | the last day that the employee was
employed in an environment | 8 | | of hazardous radiological activity or asbestos,
the right to | 9 | | file such application shall be barred.
| 10 | | If in any case except one where the injury was caused by | 11 | | exposure to
radiological materials or equipment or asbestos, | 12 | | the accidental injury
results in death application for | 13 | | compensation for death may be filed with the
Commission within | 14 | | 3 years after the date of death where no compensation
has been | 15 | | paid or within 2 years after the date of the last payment of
| 16 | | compensation where any has been paid, whichever shall be later, | 17 | | but not
thereafter.
| 18 | | If an accidental injury caused by exposure to radiological | 19 | | material
or equipment or asbestos results in death within 25 | 20 | | years after the last
day that the employee was so exposed | 21 | | application for compensation for death may
be filed with the | 22 | | Commission within 3 years after the date of death,
where no | 23 | | compensation has been paid, or within 2 years after the date of
| 24 | | the last payment of compensation where any has been paid, | 25 | | whichever
shall be later, but not thereafter.
| 26 | | (e) Any contract or agreement made by any employer or his |
| | | 09800SB1847sam002 | - 7 - | LRB098 06378 JLS 43638 a |
|
| 1 | | agent or
attorney with any employee or any other beneficiary of | 2 | | any claim under
the provisions of this Act within 7 days after | 3 | | the injury shall be
presumed to be fraudulent.
| 4 | | (f) Any condition or impairment of health of an employee | 5 | | employed as a
firefighter, emergency medical technician (EMT), | 6 | | or paramedic which results
directly or indirectly from any | 7 | | bloodborne pathogen, lung or respiratory
disease
or condition, | 8 | | heart
or vascular disease or condition, hypertension, | 9 | | tuberculosis, or cancer
resulting in any disability | 10 | | (temporary, permanent, total, or partial) to the
employee shall | 11 | | be rebuttably presumed to arise out of and in the course of
the | 12 | | employee's firefighting, EMT, or paramedic employment and, | 13 | | further, shall
be
rebuttably presumed to be causally connected | 14 | | to the hazards or exposures of
the employment. This presumption | 15 | | shall also apply to any hernia or hearing
loss suffered by an | 16 | | employee employed as a firefighter, EMT, or paramedic.
However, | 17 | | this presumption shall not apply to any employee who has been | 18 | | employed
as a firefighter, EMT, or paramedic for less than 5 | 19 | | years at the time he or she files an Application for Adjustment | 20 | | of Claim concerning this condition or impairment with the | 21 | | Illinois Workers' Compensation Commission. The rebuttable | 22 | | presumption established under this subsection, however, does | 23 | | not apply to an emergency medical technician (EMT) or paramedic | 24 | | employed by a private employer if the employee spends the | 25 | | preponderance of his or her work time for that employer engaged | 26 | | in medical transfers between medical care facilities or |
| | | 09800SB1847sam002 | - 8 - | LRB098 06378 JLS 43638 a |
|
| 1 | | non-emergency medical transfers to or from medical care | 2 | | facilities. The changes made to this subsection by this | 3 | | amendatory Act of the 98th General Assembly shall be narrowly | 4 | | construed. The Finding and Decision of the Illinois Workers' | 5 | | Compensation Commission under only the rebuttable presumption | 6 | | provision of this subsection shall not be admissible or be | 7 | | deemed res judicata in any disability claim under the Illinois | 8 | | Pension Code arising out of the same medical condition; | 9 | | however, this sentence makes no change to the law set forth in | 10 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
| 11 | | (Source: P.A. 95-316, eff. 1-1-08.)
| 12 | | Section 10. The Workers' Occupational Diseases Act is | 13 | | amended by changing Section 1 as follows:
| 14 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| 15 | | Sec. 1. This Act shall be known and may be cited as the | 16 | | "Workers'
Occupational Diseases Act".
| 17 | | (a) The term "employer" as used in this Act shall be | 18 | | construed to
be:
| 19 | | 1. The State and each county, city, town, township, | 20 | | incorporated
village, school district, body politic, or | 21 | | municipal corporation
therein.
| 22 | | 2. Every person, firm, public or private corporation, | 23 | | including
hospitals, public service, eleemosynary, | 24 | | religious or charitable
corporations or associations, who |
| | | 09800SB1847sam002 | - 9 - | LRB098 06378 JLS 43638 a |
|
| 1 | | has any person in service or under any
contract for hire, | 2 | | express or implied, oral or written.
| 3 | | 3. Where an employer operating under and subject to the | 4 | | provisions
of this Act loans an employee to another such | 5 | | employer and such loaned
employee sustains a compensable | 6 | | occupational disease in the employment
of such borrowing | 7 | | employer and where such borrowing employer does not
provide | 8 | | or pay the benefits or payments due such employee, such | 9 | | loaning
employer shall be liable to provide or pay all | 10 | | benefits or payments due
such employee under this Act and | 11 | | as to such employee the liability of
such loaning and | 12 | | borrowing employers shall be joint and several,
provided | 13 | | that such loaning employer shall in the absence of | 14 | | agreement to
the contrary be entitled to receive from such | 15 | | borrowing employer full
reimbursement for all sums paid or | 16 | | incurred pursuant to this paragraph
together with | 17 | | reasonable attorneys' fees and expenses in any hearings
| 18 | | before the Illinois Workers' Compensation Commission or in | 19 | | any action to secure such
reimbursement. Where any benefit | 20 | | is provided or paid by such loaning
employer, the employee | 21 | | shall have the duty of rendering reasonable
co-operation in | 22 | | any hearings, trials or proceedings in the case,
including | 23 | | such proceedings for reimbursement.
| 24 | | Where an employee files an Application for Adjustment | 25 | | of Claim with
the Illinois Workers' Compensation | 26 | | Commission alleging that his or her claim is covered by
the |
| | | 09800SB1847sam002 | - 10 - | LRB098 06378 JLS 43638 a |
|
| 1 | | provisions of the preceding paragraph, and joining both the | 2 | | alleged
loaning and borrowing employers, they and each of | 3 | | them, upon written
demand by the employee and within 7 days | 4 | | after receipt of such demand,
shall have the duty of filing | 5 | | with the Illinois Workers' Compensation Commission a | 6 | | written
admission or denial of the allegation that the | 7 | | claim is covered by the
provisions of the preceding | 8 | | paragraph and in default of such filing or
if any such | 9 | | denial be ultimately determined not to have been bona fide
| 10 | | then the provisions of Paragraph K of Section 19 of this | 11 | | Act shall
apply.
| 12 | | An employer whose business or enterprise or a | 13 | | substantial part
thereof consists of hiring, procuring or | 14 | | furnishing employees to or for
other employers operating | 15 | | under and subject to the provisions of this
Act for the | 16 | | performance of the work of such other employers and who | 17 | | pays
such employees their salary or wage notwithstanding | 18 | | that they are doing
the work of such other employers shall | 19 | | be deemed a loaning employer
within the meaning and | 20 | | provisions of this Section.
| 21 | | (b) The term "employee" as used in this Act, shall be | 22 | | construed to
mean:
| 23 | | 1. Every person in the service of the State, county, | 24 | | city, town,
township, incorporated village or school | 25 | | district, body politic or
municipal corporation therein, | 26 | | whether by election, appointment or
contract of hire, |
| | | 09800SB1847sam002 | - 11 - | LRB098 06378 JLS 43638 a |
|
| 1 | | express or implied, oral or written, including any
official | 2 | | of the State, or of any county, city, town, township,
| 3 | | incorporated village, school district, body politic or | 4 | | municipal
corporation therein and except any duly | 5 | | appointed member of the fire
department in any city whose | 6 | | population exceeds 500,000 according to the
last Federal or | 7 | | State census, and except any member of a fire insurance
| 8 | | patrol maintained by a board of underwriters in this State. | 9 | | One employed
by a contractor who has contracted with the | 10 | | State, or a county, city,
town, township, incorporated | 11 | | village, school district, body politic or
municipal | 12 | | corporation therein, through its representatives, shall | 13 | | not be
considered as an employee of the State, county, | 14 | | city, town, township,
incorporated village, school | 15 | | district, body politic or municipal
corporation which made | 16 | | the contract.
| 17 | | 2. Every person in the service of another under any | 18 | | contract of
hire, express or implied, oral or written, who | 19 | | contracts an occupational
disease while working in the | 20 | | State of Illinois, or who contracts an
occupational disease | 21 | | while working outside of the State of Illinois but
where | 22 | | the contract of hire is made within the State of Illinois, | 23 | | and any
person whose employment is principally localized | 24 | | within the State of
Illinois, regardless of the place where | 25 | | the disease was contracted or
place where the contract of | 26 | | hire was made, including aliens, and minors
who, for the |
| | | 09800SB1847sam002 | - 12 - | LRB098 06378 JLS 43638 a |
|
| 1 | | purpose of this Act, except Section 3 hereof, shall be
| 2 | | considered the same and have the same power to contract, | 3 | | receive
payments and give quittances therefor, as adult | 4 | | employees. An employee
or his or her dependents under this | 5 | | Act who shall have a cause of action
by reason of an | 6 | | occupational disease, disablement or death arising out
of | 7 | | and in the course of his or her employment may elect or | 8 | | pursue
his or her remedy in the State where the disease was | 9 | | contracted, or in the
State where the contract of hire is | 10 | | made, or in the State where the
employment is principally | 11 | | localized.
| 12 | | (c) "Commission" means the Illinois Workers' Compensation | 13 | | Commission created by the
Workers' Compensation Act, approved | 14 | | July 9, 1951, as amended.
| 15 | | (d) In this Act the term "Occupational Disease" means a | 16 | | disease
arising out of and in the course of the employment or | 17 | | which has become
aggravated and rendered disabling as a result | 18 | | of the exposure of the
employment. Such aggravation shall arise | 19 | | out of a risk peculiar to or
increased by the employment and | 20 | | not common to the general public.
| 21 | | A disease shall be deemed to arise out of the employment if | 22 | | there is
apparent to the rational mind, upon consideration of | 23 | | all the
circumstances, a causal connection between the | 24 | | conditions under which
the work is performed and the | 25 | | occupational disease. The disease need not
to have been | 26 | | foreseen or expected but after its contraction it must
appear |
| | | 09800SB1847sam002 | - 13 - | LRB098 06378 JLS 43638 a |
|
| 1 | | to have had its origin or aggravation in a risk connected with
| 2 | | the employment and to have flowed from that source as a | 3 | | rational
consequence.
| 4 | | An employee shall be conclusively deemed to have been | 5 | | exposed to the
hazards of an occupational disease when, for any | 6 | | length of time however
short, he or she is employed in an | 7 | | occupation or process in which the
hazard of the disease | 8 | | exists; provided however, that in a claim of
exposure to atomic | 9 | | radiation, the fact of such exposure must be verified
by the | 10 | | records of the central registry of radiation exposure | 11 | | maintained
by the Department of Public Health or by some other | 12 | | recognized
governmental agency maintaining records of such | 13 | | exposures whenever and
to the extent that the records are on | 14 | | file with the Department of Public
Health or the agency. | 15 | | Any injury to or disease or death of an employee arising | 16 | | from the administration of a vaccine, including without | 17 | | limitation smallpox vaccine, to prepare for, or as a response | 18 | | to, a threatened or potential bioterrorist incident to the | 19 | | employee as part of a voluntary inoculation program in | 20 | | connection with the person's employment or in connection with | 21 | | any governmental program or recommendation for the inoculation | 22 | | of workers in the employee's occupation, geographical area, or | 23 | | other category that includes the employee is deemed to arise | 24 | | out of and in the course of the employment for all purposes | 25 | | under this Act. This paragraph added by Public Act 93-829 is | 26 | | declarative of existing law and is not a new enactment.
|
| | | 09800SB1847sam002 | - 14 - | LRB098 06378 JLS 43638 a |
|
| 1 | | The employer liable for the compensation in this Act | 2 | | provided shall
be the employer in whose employment the employee | 3 | | was last exposed to the
hazard of the occupational disease | 4 | | claimed upon regardless of the length
of time of such last | 5 | | exposure, except, in cases of silicosis or
asbestosis, the only | 6 | | employer liable shall be the last employer in whose
employment | 7 | | the employee was last exposed during a period of 60 days or
| 8 | | more after the effective date of this Act, to the hazard of | 9 | | such
occupational disease, and, in such cases, an exposure | 10 | | during a period of
less than 60 days, after the effective date | 11 | | of this Act, shall not be
deemed a last exposure. If a miner | 12 | | who is suffering or suffered from
pneumoconiosis was employed | 13 | | for 10 years or more in one or more coal
mines there shall, | 14 | | effective July 1, 1973 be a rebuttable presumption
that his or | 15 | | her pneumoconiosis arose out of such employment.
| 16 | | If a deceased miner was employed for 10 years or more in | 17 | | one or more
coal mines and died from a respirable disease there | 18 | | shall, effective
July 1, 1973, be a rebuttable presumption that | 19 | | his or her death was due
to pneumoconiosis.
| 20 | | Any condition or impairment of health of an employee | 21 | | employed as a
firefighter, emergency medical technician (EMT), | 22 | | or paramedic which results
directly or indirectly from any | 23 | | bloodborne pathogen, lung or respiratory
disease
or
condition, | 24 | | heart
or vascular disease or condition, hypertension, | 25 | | tuberculosis, or cancer
resulting
in any disability | 26 | | (temporary, permanent, total, or partial) to the employee
shall |
| | | 09800SB1847sam002 | - 15 - | LRB098 06378 JLS 43638 a |
|
| 1 | | be rebuttably presumed to arise out of and in the course of the
| 2 | | employee's firefighting, EMT, or paramedic employment and, | 3 | | further, shall be
rebuttably presumed to be causally connected | 4 | | to the hazards or exposures of
the employment. This presumption | 5 | | shall also apply to any hernia or hearing
loss suffered by an | 6 | | employee employed as a firefighter, EMT, or paramedic.
However, | 7 | | this presumption shall not apply to any employee who has been | 8 | | employed
as a firefighter, EMT, or paramedic for less than 5 | 9 | | years at the time he or she files an Application for Adjustment | 10 | | of Claim concerning this condition or impairment with the | 11 | | Illinois Workers' Compensation Commission. The rebuttable | 12 | | presumption established under this subsection, however, does | 13 | | not apply to an emergency medical technician (EMT) or paramedic | 14 | | employed by a private employer if the employee spends the | 15 | | preponderance of his or her work time for that employer engaged | 16 | | in medical transfers between medical care facilities or | 17 | | non-emergency medical transfers to or from medical care | 18 | | facilities. The changes made to this subsection by this | 19 | | amendatory Act of the 98th General Assembly shall be narrowly | 20 | | construed. The Finding and Decision of the Illinois Workers' | 21 | | Compensation Commission under only the rebuttable presumption | 22 | | provision of this paragraph shall not be admissible or be | 23 | | deemed res judicata in any disability claim under the Illinois | 24 | | Pension Code arising out of the same medical condition; | 25 | | however, this sentence makes no change to the law set forth in | 26 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
|
| | | 09800SB1847sam002 | - 16 - | LRB098 06378 JLS 43638 a |
|
| 1 | | The insurance carrier liable shall be the carrier whose | 2 | | policy was in
effect covering the employer liable on the last | 3 | | day of the exposure
rendering such employer liable in | 4 | | accordance with the provisions of this
Act.
| 5 | | (e) "Disablement" means an impairment or partial | 6 | | impairment,
temporary or permanent, in the function of the body | 7 | | or any of the
members of the body, or the event of becoming | 8 | | disabled from earning full
wages at the work in which the | 9 | | employee was engaged when last exposed to
the hazards of the | 10 | | occupational disease by the employer from whom he or
she claims | 11 | | compensation, or equal wages in other suitable employment;
and | 12 | | "disability" means the state of being so incapacitated.
| 13 | | (f) No compensation shall be payable for or on account of | 14 | | any
occupational disease unless disablement, as herein | 15 | | defined, occurs
within two years after the last day of the last | 16 | | exposure to the hazards
of the disease, except in cases of | 17 | | occupational disease caused by
berylliosis or by the inhalation | 18 | | of silica dust or asbestos dust and, in
such cases, within 3 | 19 | | years after the last day of the last exposure to
the hazards of | 20 | | such disease and except in the case of occupational
disease | 21 | | caused by exposure to radiological materials or equipment, and
| 22 | | in such case, within 25 years after the last day of last | 23 | | exposure to the
hazards of such disease.
| 24 | | (Source: P.A. 95-316, eff. 1-1-08; 95-331, eff. 8-21-07.)".
|
|