Full Text of SB3326 096th General Assembly
SB3326 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3326
Introduced 2/10/2010, by Sen. Randall M. Hultgren SYNOPSIS AS INTRODUCED: |
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820 ILCS 305/8 |
from Ch. 48, par. 138.8 |
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Amends the Workers' Compensation Act. Makes a technical change to a Section
concerning compensation.
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A BILL FOR
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Workers' Compensation Act is amended by | 5 |
| changing Section 8 as follows:
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| (820 ILCS 305/8) (from Ch. 48, par. 138.8)
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| Sec. 8. The The amount of compensation which shall be paid | 8 |
| to the
employee for an accidental injury not resulting in death | 9 |
| is:
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| (a) The employer shall provide and pay the negotiated rate, | 11 |
| if applicable, or the lesser of the health care provider's | 12 |
| actual charges or according to a fee schedule, subject to | 13 |
| Section 8.2, in effect at the time the service was rendered for | 14 |
| all the necessary first
aid, medical and surgical services, and | 15 |
| all necessary medical, surgical
and hospital services | 16 |
| thereafter incurred, limited, however, to that
which is | 17 |
| reasonably required to cure or relieve from the effects of the
| 18 |
| accidental injury. If the employer does not dispute payment of | 19 |
| first aid, medical, surgical,
and hospital services, the | 20 |
| employer shall make such payment to the provider on behalf of | 21 |
| the employee. The employer shall also pay for treatment,
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| instruction and training necessary for the physical, mental and
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| vocational rehabilitation of the employee, including all |
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| maintenance
costs and expenses incidental thereto. If as a | 2 |
| result of the injury the
employee is unable to be | 3 |
| self-sufficient the employer shall further pay
for such | 4 |
| maintenance or institutional care as shall be required.
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| The employee may at any time elect to secure his own | 6 |
| physician,
surgeon and hospital services at the employer's | 7 |
| expense, or,
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| Upon agreement between the employer and the employees, or | 9 |
| the employees'
exclusive representative, and subject to the | 10 |
| approval of the Illinois Workers' Compensation
Commission, the | 11 |
| employer shall maintain a list of physicians, to be
known as a | 12 |
| Panel of Physicians, who are accessible to the employees.
The | 13 |
| employer shall post this list in a place or places easily | 14 |
| accessible
to his employees. The employee shall have the right | 15 |
| to make an
alternative choice of physician from such Panel if | 16 |
| he is not satisfied
with the physician first selected. If, due | 17 |
| to the nature of the injury
or its occurrence away from the | 18 |
| employer's place of business, the
employee is unable to make a | 19 |
| selection from the Panel, the selection
process from the Panel | 20 |
| shall not apply. The physician selected from the
Panel may | 21 |
| arrange for any consultation, referral or other specialized
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| medical services outside the Panel at the employer's expense. | 23 |
| Provided
that, in the event the Commission shall find that a | 24 |
| doctor selected by
the employee is rendering improper or | 25 |
| inadequate care, the Commission
may order the employee to | 26 |
| select another doctor certified or qualified
in the medical |
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| field for which treatment is required. If the employee
refuses | 2 |
| to make such change the Commission may relieve the employer of
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| his obligation to pay the doctor's charges from the date of | 4 |
| refusal to
the date of compliance.
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| Any vocational rehabilitation counselors who provide | 6 |
| service under this Act shall have
appropriate certifications | 7 |
| which designate the counselor as qualified to render
opinions | 8 |
| relating to vocational rehabilitation. Vocational | 9 |
| rehabilitation
may include, but is not limited to, counseling | 10 |
| for job searches, supervising
a job search program, and | 11 |
| vocational retraining including education at an
accredited | 12 |
| learning institution. The employee or employer may petition to | 13 |
| the Commission to decide disputes relating to vocational | 14 |
| rehabilitation and the Commission shall resolve any such | 15 |
| dispute, including payment of the vocational rehabilitation | 16 |
| program by the employer. | 17 |
| The maintenance benefit shall not be less than the | 18 |
| temporary total disability
rate determined for the employee. In | 19 |
| addition, maintenance shall include costs
and expenses | 20 |
| incidental to the vocational rehabilitation program. | 21 |
| When the employee is working light duty on a part-time | 22 |
| basis or full-time
basis
and earns less than he or she would be | 23 |
| earning if employed in the full capacity
of the job or jobs, | 24 |
| then the employee shall be entitled to temporary partial | 25 |
| disability benefits. Temporary partial disability benefits | 26 |
| shall be
equal to two-thirds of
the difference between the |
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| average amount that the employee would be able to
earn in the | 2 |
| full performance of his or her duties in the occupation in | 3 |
| which he
or she was engaged at the time of accident and the net | 4 |
| amount which he or she
is
earning in the modified job provided | 5 |
| to the employee by the employer or in any other job that the | 6 |
| employee is working. | 7 |
| Every hospital, physician, surgeon or other person | 8 |
| rendering
treatment or services in accordance with the | 9 |
| provisions of this Section
shall upon written request furnish | 10 |
| full and complete reports thereof to,
and permit their records | 11 |
| to be copied by, the employer, the employee or
his dependents, | 12 |
| as the case may be, or any other party to any proceeding
for | 13 |
| compensation before the Commission, or their attorneys.
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| Notwithstanding the foregoing, the employer's liability to | 15 |
| pay for such
medical services selected by the employee shall be | 16 |
| limited to:
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| (1) all first aid and emergency treatment; plus
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| (2) all medical, surgical and hospital services | 19 |
| provided by the
physician, surgeon or hospital initially | 20 |
| chosen by the employee or by any
other physician, | 21 |
| consultant, expert, institution or other provider of
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| services recommended by said initial service provider or | 23 |
| any subsequent
provider of medical services in the chain of | 24 |
| referrals from said
initial service provider; plus
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| (3) all medical, surgical and hospital services | 26 |
| provided by any second
physician, surgeon or hospital |
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| subsequently chosen by the employee or by
any other | 2 |
| physician, consultant, expert, institution or other | 3 |
| provider of
services recommended by said second service | 4 |
| provider or any subsequent provider
of medical services in | 5 |
| the chain of referrals
from said second service provider. | 6 |
| Thereafter the employer shall select
and pay for all | 7 |
| necessary medical, surgical and hospital treatment and the
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| employee may not select a provider of medical services at | 9 |
| the employer's
expense unless the employer agrees to such | 10 |
| selection. At any time the employee
may obtain any medical | 11 |
| treatment he desires at his own expense. This paragraph
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| shall not affect the duty to pay for rehabilitation | 13 |
| referred to above.
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| When an employer and employee so agree in writing, nothing | 15 |
| in this
Act prevents an employee whose injury or disability has | 16 |
| been established
under this Act, from relying in good faith, on | 17 |
| treatment by prayer or
spiritual means alone, in accordance | 18 |
| with the tenets and practice of a
recognized church or | 19 |
| religious denomination, by a duly accredited
practitioner | 20 |
| thereof, and having nursing services appropriate therewith,
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| without suffering loss or diminution of the compensation | 22 |
| benefits under
this Act. However, the employee shall submit to | 23 |
| all physical
examinations required by this Act. The cost of | 24 |
| such treatment and
nursing care shall be paid by the employee | 25 |
| unless the employer agrees to
make such payment.
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| Where the accidental injury results in the amputation of an |
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| arm,
hand, leg or foot, or the enucleation of an eye, or the | 2 |
| loss of any of
the natural teeth, the employer shall furnish an | 3 |
| artificial of any such
members lost or damaged in accidental | 4 |
| injury arising out of and in the
course of employment, and | 5 |
| shall also furnish the necessary braces in all
proper and | 6 |
| necessary cases. In cases of the loss of a member or members
by | 7 |
| amputation, the employer shall, whenever necessary, maintain | 8 |
| in good
repair, refit or replace the artificial limbs during | 9 |
| the lifetime of the
employee. Where the accidental injury | 10 |
| accompanied by physical injury
results in damage to a denture, | 11 |
| eye glasses or contact eye lenses, or
where the accidental | 12 |
| injury results in damage to an artificial member,
the employer | 13 |
| shall replace or repair such denture, glasses, lenses, or
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| artificial member.
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| The furnishing by the employer of any such services or | 16 |
| appliances is
not an admission of liability on the part of the | 17 |
| employer to pay
compensation.
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| The furnishing of any such services or appliances or the | 19 |
| servicing
thereof by the employer is not the payment of | 20 |
| compensation.
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| (b) If the period of temporary total incapacity for work | 22 |
| lasts more
than 3 working days, weekly compensation as | 23 |
| hereinafter provided shall
be paid beginning on the 4th day of | 24 |
| such temporary total incapacity and
continuing as long as the | 25 |
| total temporary incapacity lasts. In cases
where the temporary | 26 |
| total incapacity for work continues for a period of
14 days or |
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| more from the day of the accident compensation shall commence
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| on the day after the accident.
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| 1. The compensation rate for temporary total | 4 |
| incapacity under this
paragraph (b) of this Section shall | 5 |
| be equal to 66 2/3% of the
employee's average weekly wage | 6 |
| computed in accordance with Section 10,
provided that it | 7 |
| shall be not less than 66 2/3% of the sum of the Federal | 8 |
| minimum wage under the Fair Labor
Standards Act, or the | 9 |
| Illinois minimum wage under the Minimum Wage Law,
whichever | 10 |
| is more, multiplied by 40 hours. This percentage rate shall | 11 |
| be
increased by 10% for each spouse and child, not to | 12 |
| exceed 100% of the total
minimum wage calculation,
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| nor exceed the employee's average weekly wage computed in | 14 |
| accordance
with the provisions of Section 10, whichever is | 15 |
| less.
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| 2. The compensation rate in all cases other than for | 17 |
| temporary total
disability under this paragraph (b), and | 18 |
| other than for serious and
permanent disfigurement under | 19 |
| paragraph (c) and other than for permanent
partial | 20 |
| disability under subparagraph (2) of paragraph (d) or under
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| paragraph (e), of this Section shall be equal to 66
2/3% of | 22 |
| the employee's average weekly wage computed in accordance | 23 |
| with
the provisions of Section 10, provided that it shall | 24 |
| be not less than
66 2/3% of the sum of the Federal minimum | 25 |
| wage under the Fair Labor Standards Act, or the Illinois | 26 |
| minimum wage under the Minimum Wage Law, whichever is more, |
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| multiplied by 40 hours. This percentage rate shall be | 2 |
| increased by 10% for each spouse and child, not to exceed | 3 |
| 100% of the total minimum wage calculation,
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| nor exceed the employee's average weekly wage computed in | 5 |
| accordance
with the provisions of Section 10, whichever is | 6 |
| less.
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| 2.1. The compensation rate in all cases of serious and | 8 |
| permanent
disfigurement under paragraph (c) and of | 9 |
| permanent partial disability
under subparagraph (2) of | 10 |
| paragraph (d) or under paragraph (e) of this
Section shall | 11 |
| be equal to
60% of the employee's average
weekly wage | 12 |
| computed in accordance with
the provisions of Section 10, | 13 |
| provided that it shall be not less than
66 2/3% of the sum | 14 |
| of the Federal minimum wage under the Fair Labor Standards | 15 |
| Act, or the Illinois minimum wage under the Minimum Wage | 16 |
| Law, whichever is more, multiplied by 40 hours. This | 17 |
| percentage rate shall be increased by 10% for each spouse | 18 |
| and child, not to exceed 100% of the total minimum wage | 19 |
| calculation,
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| nor exceed the employee's average weekly wage computed in | 21 |
| accordance
with the provisions of Section 10, whichever is | 22 |
| less.
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| 3. As used in this Section the term "child" means a | 24 |
| child of the
employee including any child legally adopted | 25 |
| before the accident or whom
at the time of the accident the | 26 |
| employee was under legal obligation to
support or to whom |
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| the employee stood in loco parentis, and who at the
time of | 2 |
| the accident was under 18 years of age and not emancipated. | 3 |
| The
term "children" means the plural of "child".
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| 4. All weekly compensation rates provided under | 5 |
| subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | 6 |
| Section shall be subject to the
following limitations:
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| The maximum weekly compensation rate from July 1, 1975, | 8 |
| except as
hereinafter provided, shall be 100% of the | 9 |
| State's average weekly wage in
covered industries under the | 10 |
| Unemployment Insurance Act, that being the
wage that most | 11 |
| closely approximates the State's average weekly wage.
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| The maximum weekly compensation rate, for the period | 13 |
| July 1, 1984,
through June 30, 1987, except as hereinafter | 14 |
| provided, shall be $293.61.
Effective July 1, 1987 and on | 15 |
| July 1 of each year thereafter the maximum
weekly | 16 |
| compensation rate, except as hereinafter provided, shall | 17 |
| be
determined as follows: if during the preceding 12 month | 18 |
| period there shall
have been an increase in the State's | 19 |
| average weekly wage in covered
industries under the | 20 |
| Unemployment Insurance Act, the weekly compensation
rate | 21 |
| shall be proportionately increased by the same percentage | 22 |
| as the
percentage of increase in the State's average weekly | 23 |
| wage in covered
industries under the Unemployment | 24 |
| Insurance Act during such period.
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| The maximum weekly compensation rate, for the period | 26 |
| January 1, 1981
through December 31, 1983, except as |
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| hereinafter provided, shall be 100% of
the State's average | 2 |
| weekly wage in covered industries under the
Unemployment | 3 |
| Insurance Act in effect on January 1, 1981. Effective | 4 |
| January
1, 1984 and on January 1, of each year thereafter | 5 |
| the maximum weekly
compensation rate, except as | 6 |
| hereinafter provided, shall be determined as
follows: if | 7 |
| during the preceding 12 month period there shall have been | 8 |
| an
increase in the State's average weekly wage in covered | 9 |
| industries under the
Unemployment Insurance Act, the | 10 |
| weekly compensation rate shall be
proportionately | 11 |
| increased by the same percentage as the percentage of
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| increase in the State's average weekly wage in covered | 13 |
| industries under the
Unemployment Insurance Act during | 14 |
| such period.
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| From July 1, 1977 and thereafter such maximum weekly | 16 |
| compensation
rate in death cases under Section 7, and | 17 |
| permanent total disability
cases under paragraph (f) or | 18 |
| subparagraph 18 of paragraph (3) of this
Section and for | 19 |
| temporary total disability under paragraph (b) of this
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| Section and for amputation of a member or enucleation of an | 21 |
| eye under
paragraph (e) of this Section shall be increased | 22 |
| to 133-1/3% of the
State's average weekly wage in covered | 23 |
| industries under the
Unemployment Insurance Act.
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| For injuries occurring on or after February 1, 2006, | 25 |
| the maximum weekly benefit under paragraph (d)1 of this | 26 |
| Section shall be 100% of the State's average weekly wage in |
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| covered industries under the Unemployment Insurance Act.
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| 4.1. Any provision herein to the contrary | 3 |
| notwithstanding, the
weekly compensation rate for | 4 |
| compensation payments under subparagraph 18
of paragraph | 5 |
| (e) of this Section and under paragraph (f) of this
Section | 6 |
| and under paragraph (a) of Section 7 and for amputation of | 7 |
| a member or enucleation of an eye under paragraph (e) of | 8 |
| this Section, shall in no event be less
than 50% of the | 9 |
| State's average weekly wage in covered industries under
the | 10 |
| Unemployment Insurance Act.
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| 4.2. Any provision to the contrary notwithstanding, | 12 |
| the total
compensation payable under Section 7 shall not | 13 |
| exceed the greater of $500,000
or 25
years.
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| 5. For the purpose of this Section this State's average | 15 |
| weekly wage
in covered industries under the Unemployment | 16 |
| Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | 17 |
| per
week and the computation of compensation rates shall be | 18 |
| based on the
aforesaid average weekly wage until modified | 19 |
| as hereinafter provided.
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| 6. The Department of Employment Security of the State | 21 |
| shall
on or before the first day of December, 1977, and on | 22 |
| or before the first
day of June, 1978, and on the first day | 23 |
| of each December and June of each
year thereafter, publish | 24 |
| the State's average weekly wage in covered
industries under | 25 |
| the Unemployment Insurance Act and the Illinois Workers' | 26 |
| Compensation
Commission shall on the 15th day of January, |
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| 1978 and on the 15th day of
July, 1978 and on the 15th day | 2 |
| of each January and July of each year
thereafter, post and | 3 |
| publish the State's average weekly wage in covered
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| industries under the Unemployment Insurance Act as last | 5 |
| determined and
published by the Department of Employment | 6 |
| Security. The amount when so
posted and published shall be | 7 |
| conclusive and shall be applicable as the
basis of | 8 |
| computation of compensation rates until the next posting | 9 |
| and
publication as aforesaid.
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| 7. The payment of compensation by an employer or his | 11 |
| insurance
carrier to an injured employee shall not | 12 |
| constitute an admission of the
employer's liability to pay | 13 |
| compensation.
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| (c) For any serious and permanent disfigurement to the | 15 |
| hand, head,
face, neck, arm, leg below the knee or the chest | 16 |
| above the axillary
line, the employee is entitled to | 17 |
| compensation for such disfigurement,
the amount determined by | 18 |
| agreement at any time or by arbitration under
this Act, at a | 19 |
| hearing not less than 6 months after the date of the
accidental | 20 |
| injury, which amount shall not exceed 150 weeks (if the | 21 |
| accidental injury occurs on or after the effective date of this | 22 |
| amendatory Act of the 94th General Assembly
but before February
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| 1, 2006) or 162
weeks (if the accidental injury occurs on or | 24 |
| after February
1, 2006) at the
applicable rate provided in | 25 |
| subparagraph 2.1 of paragraph (b) of this Section.
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| No compensation is payable under this paragraph where |
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| compensation is
payable under paragraphs (d), (e) or (f) of | 2 |
| this Section.
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| A duly appointed member of a fire department in a city, the | 4 |
| population of
which exceeds 200,000 according to the last | 5 |
| federal or State census, is
eligible for compensation under | 6 |
| this paragraph only where such serious and
permanent | 7 |
| disfigurement results from burns.
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| (d) 1. If, after the accidental injury has been sustained, | 9 |
| the
employee as a result thereof becomes partially | 10 |
| incapacitated from
pursuing his usual and customary line of | 11 |
| employment, he shall, except in
cases compensated under the | 12 |
| specific schedule set forth in paragraph (e)
of this Section, | 13 |
| receive compensation for the duration of his
disability, | 14 |
| subject to the limitations as to maximum amounts fixed in
| 15 |
| paragraph (b) of this Section, equal to 66-2/3% of the | 16 |
| difference
between the average amount which he would be able to | 17 |
| earn in the full
performance of his duties in the occupation in | 18 |
| which he was engaged at
the time of the accident and the | 19 |
| average amount which he is earning or
is able to earn in some | 20 |
| suitable employment or business after the accident.
| 21 |
| 2. If, as a result of the accident, the employee sustains | 22 |
| serious
and permanent injuries not covered by paragraphs (c) | 23 |
| and (e) of this
Section or having sustained injuries covered by | 24 |
| the aforesaid
paragraphs (c) and (e), he shall have sustained | 25 |
| in addition thereto
other injuries which injuries do not | 26 |
| incapacitate him from pursuing the
duties of his employment but |
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| which would disable him from pursuing other
suitable | 2 |
| occupations, or which have otherwise resulted in physical
| 3 |
| impairment; or if such injuries partially incapacitate him from | 4 |
| pursuing
the duties of his usual and customary line of | 5 |
| employment but do not
result in an impairment of earning | 6 |
| capacity, or having resulted in an
impairment of earning | 7 |
| capacity, the employee elects to waive his right
to recover | 8 |
| under the foregoing subparagraph 1 of paragraph (d) of this
| 9 |
| Section then in any of the foregoing events, he shall receive | 10 |
| in
addition to compensation for temporary total disability | 11 |
| under paragraph
(b) of this Section, compensation at the rate | 12 |
| provided in subparagraph 2.1
of paragraph (b) of this Section | 13 |
| for that percentage of 500 weeks that
the partial disability | 14 |
| resulting from the injuries covered by this
paragraph bears to | 15 |
| total disability. If the employee shall have
sustained a | 16 |
| fracture of one or more vertebra or fracture of the skull,
the | 17 |
| amount of compensation allowed under this Section shall be not | 18 |
| less
than 6 weeks for a fractured skull and 6 weeks for each | 19 |
| fractured
vertebra, and in the event the employee shall have | 20 |
| sustained a fracture
of any of the following facial bones: | 21 |
| nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | 22 |
| mandible, the amount of compensation allowed under
this Section | 23 |
| shall be not less than 2 weeks for each such fractured
bone, | 24 |
| and for a fracture of each transverse process not less than 3
| 25 |
| weeks. In the event such injuries shall result in the loss of a | 26 |
| kidney,
spleen or lung, the amount of compensation allowed |
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| under this Section
shall be not less than 10 weeks for each | 2 |
| such organ. Compensation
awarded under this subparagraph 2 | 3 |
| shall not take into consideration
injuries covered under | 4 |
| paragraphs (c) and (e) of this Section and the
compensation | 5 |
| provided in this paragraph shall not affect the employee's
| 6 |
| right to compensation payable under paragraphs (b), (c) and (e) | 7 |
| of this
Section for the disabilities therein covered.
| 8 |
| (e) For accidental injuries in the following schedule, the | 9 |
| employee
shall receive compensation for the period of temporary | 10 |
| total incapacity
for work resulting from such accidental | 11 |
| injury, under subparagraph 1 of
paragraph (b) of this Section, | 12 |
| and shall receive in addition thereto
compensation for a | 13 |
| further period for the specific loss herein
mentioned, but | 14 |
| shall not receive any compensation under any other
provisions | 15 |
| of this Act. The following listed amounts apply to either
the | 16 |
| loss of or the permanent and complete loss of use of the member
| 17 |
| specified, such compensation for the length of time as follows:
| 18 |
| 1. Thumb- | 19 |
| 70 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 |
| 76
weeks if the accidental injury occurs on or | 23 |
| after February
1, 2006.
| 24 |
| 2. First, or index finger- | 25 |
| 40 weeks if the accidental injury occurs on or | 26 |
| after the effective date of this amendatory Act of the |
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| 94th General Assembly
but before February
1, 2006.
| 2 |
| 43
weeks if the accidental injury occurs on or | 3 |
| after February
1, 2006.
| 4 |
| 3. Second, or middle finger- | 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 |
| 4. Third, or ring finger- | 11 |
| 25 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 |
| 27
weeks if the accidental injury occurs on or | 15 |
| after February
1, 2006.
| 16 |
| 5. Fourth, or little finger- | 17 |
| 20 weeks if the accidental injury occurs on or | 18 |
| after the effective date of this amendatory Act of the | 19 |
| 94th General Assembly
but before February
1, 2006.
| 20 |
| 22
weeks if the accidental injury occurs on or | 21 |
| after February
1, 2006.
| 22 |
| 6. Great toe- | 23 |
| 35 weeks if the accidental injury occurs on or | 24 |
| after the effective date of this amendatory Act of the | 25 |
| 94th General Assembly
but before February
1, 2006.
| 26 |
| 38
weeks if the accidental injury occurs on or |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| after February
1, 2006.
| 2 |
| 7. Each toe other than great toe- | 3 |
| 12 weeks if the accidental injury occurs on or | 4 |
| after the effective date of this amendatory Act of the | 5 |
| 94th General Assembly
but before February
1, 2006.
| 6 |
| 13
weeks if the accidental injury occurs on or | 7 |
| after February
1, 2006.
| 8 |
| 8. The loss of the first or distal phalanx of the thumb | 9 |
| or of any
finger or toe shall be considered to be equal to | 10 |
| the loss of one-half of
such thumb, finger or toe and the | 11 |
| compensation payable shall be one-half
of the amount above | 12 |
| specified. The loss of more than one phalanx shall
be | 13 |
| considered as the loss of the entire thumb, finger or toe. | 14 |
| In no
case shall the amount received for more than one | 15 |
| finger exceed the
amount provided in this schedule for the | 16 |
| loss of a hand.
| 17 |
| 9. Hand- | 18 |
| 190 weeks if the accidental injury occurs on or | 19 |
| after the effective date of this amendatory Act of the | 20 |
| 94th General Assembly
but before February
1, 2006.
| 21 |
| 205
weeks if the accidental injury occurs on or | 22 |
| after February
1, 2006. | 23 |
| The loss of 2 or more digits, or one or more
phalanges | 24 |
| of 2 or more digits, of a hand may be compensated on the | 25 |
| basis
of partial loss of use of a hand, provided, further, | 26 |
| that the loss of 4
digits, or the loss of use of 4 digits, |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| in the same hand shall
constitute the complete loss of a | 2 |
| hand.
| 3 |
| 10. Arm- | 4 |
| 235 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 |
| 253
weeks if the accidental injury occurs on or | 8 |
| after February
1, 2006. | 9 |
| Where an accidental injury results in the
amputation of | 10 |
| an arm below the elbow, such injury shall be compensated
as | 11 |
| a loss of an arm. Where an accidental injury results in the
| 12 |
| amputation of an arm above the elbow, compensation for an | 13 |
| additional 15 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 17
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 an arm at | 19 |
| the shoulder joint, or so close to shoulder
joint that an | 20 |
| artificial arm cannot be used, or results in the
| 21 |
| disarticulation of an arm at the shoulder joint, in which | 22 |
| case
compensation for an additional 65 weeks (if the | 23 |
| accidental injury occurs on or after the effective date of | 24 |
| this amendatory Act of the 94th General Assembly
but before | 25 |
| February
1, 2006) or an additional 70
weeks (if the | 26 |
| accidental injury occurs on or after February
1, 2006)
|
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| shall be paid.
| 2 |
| 11. Foot- | 3 |
| 155 weeks if the accidental injury occurs on or | 4 |
| after the effective date of this amendatory Act of the | 5 |
| 94th General Assembly
but before February
1, 2006.
| 6 |
| 167
weeks if the accidental injury occurs on or | 7 |
| after February
1, 2006.
| 8 |
| 12. Leg- | 9 |
| 200 weeks if the accidental injury occurs on or | 10 |
| after the effective date of this amendatory Act of the | 11 |
| 94th General Assembly
but before February
1, 2006.
| 12 |
| 215
weeks if the accidental injury occurs on or | 13 |
| after February
1, 2006. | 14 |
| Where an accidental injury results in the
amputation of | 15 |
| a leg below the knee, such injury shall be compensated as
| 16 |
| loss of a leg. Where an accidental injury results in the | 17 |
| amputation of a
leg above the knee, compensation for an | 18 |
| additional 25 weeks (if the accidental injury occurs on or | 19 |
| after the effective date of this amendatory Act of the 94th | 20 |
| General Assembly
but before February
1, 2006) or an | 21 |
| additional 27
weeks (if the accidental injury occurs on or | 22 |
| after February
1, 2006) shall be
paid, except where the | 23 |
| accidental injury results in the amputation of a
leg at the | 24 |
| hip joint, or so close to the hip joint that an artificial
| 25 |
| leg cannot be used, or results in the disarticulation of a | 26 |
| leg at the
hip joint, in which case compensation for an |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| additional 75 weeks (if the accidental injury occurs on or | 2 |
| after the effective date of this amendatory Act of the 94th | 3 |
| General Assembly
but before February
1, 2006) or an | 4 |
| additional 81
weeks (if the accidental injury occurs on or | 5 |
| after February
1, 2006) shall
be paid.
| 6 |
| 13. Eye- | 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 |
| Where an accidental injury results in the
enucleation | 13 |
| of an eye, compensation for an additional 10 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 11
weeks (if the | 17 |
| accidental injury occurs on or after February
1, 2006)
| 18 |
| shall be
paid.
| 19 |
| 14. Loss of hearing of one ear- | 20 |
| 50 weeks if the accidental injury occurs on or | 21 |
| after the effective date of this amendatory Act of the | 22 |
| 94th General Assembly
but before February
1, 2006.
| 23 |
| 54
weeks if the accidental injury occurs on or | 24 |
| after February
1, 2006.
| 25 |
| Total and permanent loss of
hearing of both ears- | 26 |
| 200 weeks if the accidental injury occurs on or |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| after the effective date of this amendatory Act of the | 2 |
| 94th General Assembly
but before February
1, 2006. | 3 |
| 215
weeks if the accidental injury occurs on or | 4 |
| after February
1, 2006.
| 5 |
| 15. Testicle- | 6 |
| 50 weeks if the accidental injury occurs on or | 7 |
| after the effective date of this amendatory Act of the | 8 |
| 94th General Assembly
but before February
1, 2006.
| 9 |
| 54
weeks if the accidental injury occurs on or | 10 |
| after February
1, 2006.
| 11 |
| Both testicles- | 12 |
| 150 weeks if the accidental injury occurs on or | 13 |
| after the effective date of this amendatory Act of the | 14 |
| 94th General Assembly
but before February
1, 2006.
| 15 |
| 162
weeks if the accidental injury occurs on or | 16 |
| after February
1, 2006.
| 17 |
| 16. For the permanent partial loss of use of a member | 18 |
| or sight of an
eye, or hearing of an ear, compensation | 19 |
| during that proportion of the
number of weeks in the | 20 |
| foregoing schedule provided for the loss of such
member or | 21 |
| sight of an eye, or hearing of an ear, which the partial | 22 |
| loss
of use thereof bears to the total loss of use of such | 23 |
| member, or sight
of eye, or hearing of an ear.
| 24 |
| (a) Loss of hearing for compensation purposes | 25 |
| shall be
confined to the frequencies of 1,000, 2,000 | 26 |
| and 3,000 cycles per second.
Loss of hearing ability |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| for frequency tones above 3,000 cycles per second
are | 2 |
| not to be considered as constituting disability for | 3 |
| hearing.
| 4 |
| (b) The percent of hearing loss, for purposes of | 5 |
| the
determination of compensation claims for | 6 |
| occupational deafness,
shall be calculated as the | 7 |
| average in decibels for the thresholds
of hearing for | 8 |
| the frequencies of 1,000, 2,000 and 3,000 cycles per | 9 |
| second.
Pure tone air conduction audiometric | 10 |
| instruments, approved by
nationally recognized | 11 |
| authorities in this field, shall be used for measuring
| 12 |
| hearing loss. If the losses of hearing average 30 | 13 |
| decibels or less in the
3 frequencies, such losses of | 14 |
| hearing shall not then constitute any
compensable | 15 |
| hearing disability. If the losses of hearing average 85
| 16 |
| decibels or more in the 3 frequencies, then the same | 17 |
| shall constitute and
be total or 100% compensable | 18 |
| hearing loss.
| 19 |
| (c) In measuring hearing impairment, the lowest | 20 |
| measured
losses in each of the 3 frequencies shall be | 21 |
| added together and
divided by 3 to determine the | 22 |
| average decibel loss. For every decibel
of loss | 23 |
| exceeding 30 decibels an allowance of 1.82% shall be | 24 |
| made up to
the maximum of 100% which is reached at 85 | 25 |
| decibels.
| 26 |
| (d) If a hearing loss is established to have |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| existed on July 1, 1975 by
audiometric testing the | 2 |
| employer shall not be liable for the previous loss
so | 3 |
| established nor shall he be liable for any loss for | 4 |
| which compensation
has been paid or awarded.
| 5 |
| (e) No consideration shall be given to the question | 6 |
| of
whether or not the ability of an employee to | 7 |
| understand speech
is improved by the use of a hearing | 8 |
| aid.
| 9 |
| (f) No claim for loss of hearing due to industrial | 10 |
| noise
shall be brought against an employer or allowed | 11 |
| unless the employee has
been exposed for a period of | 12 |
| time sufficient to cause permanent impairment
to noise | 13 |
| levels in excess of the following:
|
|
14 | | Sound Level DBA |
|
|
15 | | Slow Response |
Hours Per Day |
|
16 | | 90 |
8 |
|
17 | | 92 |
6 |
|
18 | | 95 |
4 |
|
19 | | 97 |
3 |
|
20 | | 100 |
2 |
|
21 | | 102 |
1-1/2 |
|
22 | | 105 |
1 |
|
23 | | 110 |
1/2 |
|
24 | | 115 |
1/4 |
|
25 |
| This subparagraph (f) shall not be applied in cases of | 26 |
| hearing loss
resulting from trauma or explosion.
|
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| 17. In computing the compensation to be paid to any | 2 |
| employee who,
before the accident for which he claims | 3 |
| compensation, had before that
time sustained an injury | 4 |
| resulting in the loss by amputation or partial
loss by | 5 |
| amputation of any member, including hand, arm, thumb or | 6 |
| fingers,
leg, foot or any toes, such loss or partial loss | 7 |
| of any such member
shall be deducted from any award made | 8 |
| for the subsequent injury. For
the permanent loss of use or | 9 |
| the permanent partial loss of use of any
such member or the | 10 |
| partial loss of sight of an eye, for which
compensation has | 11 |
| been paid, then such loss shall be taken into
consideration | 12 |
| and deducted from any award for the subsequent injury.
| 13 |
| 18. The specific case of loss of both hands, both arms, | 14 |
| or both
feet, or both legs, or both eyes, or of any two | 15 |
| thereof, or the
permanent and complete loss of the use | 16 |
| thereof, constitutes total and
permanent disability, to be | 17 |
| compensated according to the compensation
fixed by | 18 |
| paragraph (f) of this Section. These specific cases of | 19 |
| total
and permanent disability do not exclude other cases.
| 20 |
| Any employee who has previously suffered the loss or | 21 |
| permanent and
complete loss of the use of any of such | 22 |
| members, and in a subsequent
independent accident loses | 23 |
| another or suffers the permanent and complete
loss of the | 24 |
| use of any one of such members the employer for whom the
| 25 |
| injured employee is working at the time of the last | 26 |
| independent accident
is liable to pay compensation only for |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| the loss or permanent and
complete loss of the use of the | 2 |
| member occasioned by the last
independent accident.
| 3 |
| 19. In a case of specific loss and the subsequent death | 4 |
| of such
injured employee from other causes than such injury | 5 |
| leaving a widow,
widower, or dependents surviving before | 6 |
| payment or payment in full for
such injury, then the amount | 7 |
| due for such injury is payable to the widow
or widower and, | 8 |
| if there be no widow or widower, then to such
dependents, | 9 |
| in the proportion which such dependency bears to total
| 10 |
| dependency.
| 11 |
| Beginning July 1, 1980, and every 6 months thereafter, the | 12 |
| Commission
shall examine the Second Injury Fund and when, after | 13 |
| deducting all
advances or loans made to such Fund, the amount | 14 |
| therein is $500,000
then the amount required to be paid by | 15 |
| employers pursuant to paragraph
(f) of Section 7 shall be | 16 |
| reduced by one-half. When the Second Injury Fund
reaches the | 17 |
| sum of $600,000 then the payments shall cease entirely.
| 18 |
| However, when the Second Injury Fund has been reduced to | 19 |
| $400,000, payment
of one-half of the amounts required by | 20 |
| paragraph (f) of Section 7
shall be resumed, in the manner | 21 |
| herein provided, and when the Second Injury
Fund has been | 22 |
| reduced to $300,000, payment of the full amounts required by
| 23 |
| paragraph (f) of Section 7 shall be resumed, in the manner | 24 |
| herein provided.
The Commission shall make the changes in | 25 |
| payment effective by
general order, and the changes in payment | 26 |
| become immediately effective
for all cases coming before the |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| Commission thereafter either by
settlement agreement or final | 2 |
| order, irrespective of the date of the
accidental injury.
| 3 |
| On August 1, 1996 and on February 1 and August 1 of each | 4 |
| subsequent year, the Commission
shall examine the special fund | 5 |
| designated as the "Rate
Adjustment Fund" and when, after | 6 |
| deducting all advances or loans made to
said fund, the amount | 7 |
| therein is $4,000,000, the amount required to be
paid by | 8 |
| employers pursuant to paragraph (f) of Section 7 shall be
| 9 |
| reduced by one-half. When the Rate Adjustment Fund reaches the | 10 |
| sum of
$5,000,000 the payment therein shall cease entirely. | 11 |
| However, when said
Rate Adjustment Fund has been reduced to | 12 |
| $3,000,000 the amounts required by
paragraph (f) of Section 7 | 13 |
| shall be resumed in the manner herein provided.
| 14 |
| (f) In case of complete disability, which renders the | 15 |
| employee
wholly and permanently incapable of work, or in the | 16 |
| specific case of
total and permanent disability as provided in | 17 |
| subparagraph 18 of
paragraph (e) of this Section, compensation | 18 |
| shall be payable at the rate
provided in subparagraph 2 of | 19 |
| paragraph (b) of this Section for life.
| 20 |
| An employee entitled to benefits under paragraph (f) of | 21 |
| this Section
shall also be entitled to receive from the Rate | 22 |
| Adjustment
Fund provided in paragraph (f) of Section 7 of the | 23 |
| supplementary benefits
provided in paragraph (g) of this | 24 |
| Section 8.
| 25 |
| If any employee who receives an award under this paragraph | 26 |
| afterwards
returns to work or is able to do so, and earns or is |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| able to earn as
much as before the accident, payments under | 2 |
| such award shall cease. If
such employee returns to work, or is | 3 |
| able to do so, and earns or is able
to earn part but not as much | 4 |
| as before the accident, such award shall be
modified so as to | 5 |
| conform to an award under paragraph (d) of this
Section. If | 6 |
| such award is terminated or reduced under the provisions of
| 7 |
| this paragraph, such employees have the right at any time | 8 |
| within 30
months after the date of such termination or | 9 |
| reduction to file petition
with the Commission for the purpose | 10 |
| of determining whether any
disability exists as a result of the | 11 |
| original accidental injury and the
extent thereof.
| 12 |
| Disability as enumerated in subdivision 18, paragraph (e) | 13 |
| of this
Section is considered complete disability.
| 14 |
| If an employee who had previously incurred loss or the | 15 |
| permanent and
complete loss of use of one member, through the | 16 |
| loss or the permanent
and complete loss of the use of one hand, | 17 |
| one arm, one foot, one leg, or
one eye, incurs permanent and | 18 |
| complete disability through the loss or
the permanent and | 19 |
| complete loss of the use of another member, he shall
receive, | 20 |
| in addition to the compensation payable by the employer and
| 21 |
| after such payments have ceased, an amount from the Second | 22 |
| Injury Fund
provided for in paragraph (f) of Section 7, which, | 23 |
| together with the
compensation payable from the employer in | 24 |
| whose employ he was when the
last accidental injury was | 25 |
| incurred, will equal the amount payable for
permanent and | 26 |
| complete disability as provided in this paragraph of this
|
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| Section.
| 2 |
| The custodian of the Second Injury Fund provided for in | 3 |
| paragraph (f)
of Section 7 shall be joined with the employer as | 4 |
| a party respondent in
the application for adjustment of claim. | 5 |
| The application for adjustment
of claim shall state briefly and | 6 |
| in general terms the approximate time
and place and manner of | 7 |
| the loss of the first member.
| 8 |
| In its award the Commission or the Arbitrator shall | 9 |
| specifically find
the amount the injured employee shall be | 10 |
| weekly paid, the number of
weeks compensation which shall be | 11 |
| paid by the employer, the date upon
which payments begin out of | 12 |
| the Second Injury Fund provided for in
paragraph (f) of Section | 13 |
| 7 of this Act, the length of time the weekly
payments continue, | 14 |
| the date upon which the pension payments commence and
the | 15 |
| monthly amount of the payments. The Commission shall 30 days | 16 |
| after
the date upon which payments out of the Second Injury | 17 |
| Fund have begun as
provided in the award, and every month | 18 |
| thereafter, prepare and submit to
the State Comptroller a | 19 |
| voucher for payment for all compensation accrued
to that date | 20 |
| at the rate fixed by the Commission. The State Comptroller
| 21 |
| shall draw a warrant to the injured employee along with a | 22 |
| receipt to be
executed by the injured employee and returned to | 23 |
| the Commission. The
endorsed warrant and receipt is a full and | 24 |
| complete acquittance to the
Commission for the payment out of | 25 |
| the Second Injury Fund. No other
appropriation or warrant is | 26 |
| necessary for payment out of the Second
Injury Fund. The Second |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| Injury Fund is appropriated for the purpose of
making payments | 2 |
| according to the terms of the awards.
| 3 |
| As of July 1, 1980 to July 1, 1982, all claims against and | 4 |
| obligations
of the Second Injury Fund shall become claims | 5 |
| against and obligations of
the Rate Adjustment Fund to the | 6 |
| extent there is insufficient money in the
Second Injury Fund to | 7 |
| pay such claims and obligations. In that case, all
references | 8 |
| to "Second Injury Fund" in this Section shall also include the
| 9 |
| Rate Adjustment Fund.
| 10 |
| (g) Every award for permanent total disability entered by | 11 |
| the
Commission on and after July 1, 1965 under which | 12 |
| compensation payments
shall become due and payable after the | 13 |
| effective date of this amendatory
Act, and every award for | 14 |
| death benefits or permanent total disability
entered by the | 15 |
| Commission on and after the effective date of this
amendatory | 16 |
| Act shall be subject to annual adjustments as to the amount
of | 17 |
| the compensation rate therein provided. Such adjustments shall | 18 |
| first
be made on July 15, 1977, and all awards made and entered | 19 |
| prior to July
1, 1975 and on July 15 of each year
thereafter. | 20 |
| In all other cases such adjustment shall be made on July 15
of | 21 |
| the second year next following the date of the entry of the | 22 |
| award and
shall further be made on July 15 annually thereafter. | 23 |
| If during the
intervening period from the date of the entry of | 24 |
| the award, or the last
periodic adjustment, there shall have | 25 |
| been an increase in the State's
average weekly wage in covered | 26 |
| industries under the Unemployment
Insurance Act, the weekly |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| compensation rate shall be proportionately
increased by the | 2 |
| same percentage as the percentage of increase in the
State's | 3 |
| average weekly wage in covered industries under the
| 4 |
| Unemployment Insurance Act. The increase in the compensation | 5 |
| rate
under this paragraph shall in no event bring the total | 6 |
| compensation rate
to an amount greater than the prevailing | 7 |
| maximum rate at the time that the annual adjustment is made. | 8 |
| Such increase
shall be paid in the same manner as herein | 9 |
| provided for payments under
the Second Injury Fund to the | 10 |
| injured employee, or his dependents, as
the case may be, out of | 11 |
| the Rate Adjustment Fund provided
in paragraph (f) of Section 7 | 12 |
| of this Act. Payments shall be made at
the same intervals as | 13 |
| provided in the award or, at the option of the
Commission, may | 14 |
| be made in quarterly payment on the 15th day of January,
April, | 15 |
| July and October of each year. In the event of a decrease in
| 16 |
| such average weekly wage there shall be no change in the then | 17 |
| existing
compensation rate. The within paragraph shall not | 18 |
| apply to cases where
there is disputed liability and in which a | 19 |
| compromise lump sum settlement
between the employer and the | 20 |
| injured employee, or his dependents, as the
case may be, has | 21 |
| been duly approved by the Illinois Workers' Compensation
| 22 |
| Commission.
| 23 |
| Provided, that in cases of awards entered by the Commission | 24 |
| for
injuries occurring before July 1, 1975, the increases in | 25 |
| the
compensation rate adjusted under the foregoing provision of | 26 |
| this
paragraph (g) shall be limited to increases in the State's |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| average
weekly wage in covered industries under the | 2 |
| Unemployment Insurance Act
occurring after July 1, 1975.
| 3 |
| For every accident occurring on or after July 20, 2005 but | 4 |
| before the effective date of this amendatory Act of the 94th | 5 |
| General Assembly (Senate Bill 1283 of the 94th General | 6 |
| Assembly), the annual adjustments to the compensation rate in | 7 |
| awards for death benefits or permanent total disability, as | 8 |
| provided in this Act, shall be paid by the employer. The | 9 |
| adjustment shall be made by the employer on July 15 of the | 10 |
| second year next following the date of the entry of the award | 11 |
| and shall further be made on July 15 annually thereafter. If | 12 |
| during the intervening period from the date of the entry of the | 13 |
| award, or the last periodic adjustment, there shall have been | 14 |
| an increase in the State's average weekly wage in covered | 15 |
| industries under the Unemployment Insurance Act, the employer | 16 |
| shall increase the weekly compensation rate proportionately by | 17 |
| the same percentage as the percentage of increase in the | 18 |
| State's average weekly wage in covered industries under the | 19 |
| Unemployment Insurance Act. The increase in the compensation | 20 |
| rate under this paragraph shall in no event bring the total | 21 |
| compensation rate to an amount greater than the prevailing | 22 |
| maximum rate at the time that the annual adjustment is made. In | 23 |
| the event of a decrease in such average weekly wage there shall | 24 |
| be no change in the then existing compensation rate. Such | 25 |
| increase shall be paid by the employer in the same manner and | 26 |
| at the same intervals as the payment of compensation in the |
|
|
|
SB3326 |
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LRB096 20517 WGH 36202 b |
|
| 1 |
| award. This paragraph shall not apply to cases where there is | 2 |
| disputed liability and in which a compromise lump sum | 3 |
| settlement between the employer and the injured employee, or | 4 |
| his or her dependents, as the case may be, has been duly | 5 |
| approved by the Illinois Workers' Compensation Commission. | 6 |
| The annual adjustments for every award of death benefits or | 7 |
| permanent total disability involving accidents occurring | 8 |
| before July 20, 2005 and accidents occurring on or after the | 9 |
| effective date of this amendatory Act of the 94th General | 10 |
| Assembly (Senate Bill 1283 of the 94th General Assembly) shall | 11 |
| continue to be paid from the Rate Adjustment Fund pursuant to | 12 |
| this paragraph and Section 7(f) of this Act.
| 13 |
| (h) In case death occurs from any cause before the total
| 14 |
| compensation to which the employee would have been entitled has | 15 |
| been
paid, then in case the employee leaves any widow, widower, | 16 |
| child, parent
(or any grandchild, grandparent or other lineal | 17 |
| heir or any collateral
heir dependent at the time of the | 18 |
| accident upon the earnings of the
employee to the extent of 50% | 19 |
| or more of total dependency) such
compensation shall be paid to | 20 |
| the beneficiaries of the deceased employee
and distributed as | 21 |
| provided in paragraph (g) of Section 7.
| 22 |
| (h-1) In case an injured employee is under legal disability
| 23 |
| at the time when any right or privilege accrues to him or her | 24 |
| under this
Act, a guardian may be appointed pursuant to law, | 25 |
| and may, on behalf
of such person under legal disability, claim | 26 |
| and exercise any
such right or privilege with the same effect |
|
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| 1 |
| as if the employee himself
or herself had claimed or exercised | 2 |
| the right or privilege. No limitations
of time provided by this | 3 |
| Act run so long as the employee who is under legal
disability | 4 |
| is without a conservator or guardian.
| 5 |
| (i) In case the injured employee is under 16 years of age | 6 |
| at the
time of the accident and is illegally employed, the | 7 |
| amount of
compensation payable under paragraphs (b), (c), (d), | 8 |
| (e) and (f) of this
Section is increased 50%.
| 9 |
| However, where an employer has on file an employment | 10 |
| certificate
issued pursuant to the Child Labor Law or work | 11 |
| permit issued pursuant
to the Federal Fair Labor Standards Act, | 12 |
| as amended, or a birth
certificate properly and duly issued, | 13 |
| such certificate, permit or birth
certificate is conclusive | 14 |
| evidence as to the age of the injured minor
employee for the | 15 |
| purposes of this Section.
| 16 |
| Nothing herein contained repeals or amends the provisions | 17 |
| of the
Child Labor Law relating to the employment of minors | 18 |
| under the age of 16 years.
| 19 |
| (j) 1. In the event the injured employee receives benefits,
| 20 |
| including medical, surgical or hospital benefits under any | 21 |
| group plan
covering non-occupational disabilities contributed | 22 |
| to wholly or
partially by the employer, which benefits should | 23 |
| not have been payable
if any rights of recovery existed under | 24 |
| this Act, then such amounts so
paid to the employee from any | 25 |
| such group plan as shall be consistent
with, and limited to, | 26 |
| the provisions of paragraph 2 hereof, shall be
credited to or |
|
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| 1 |
| against any compensation payment for temporary total
| 2 |
| incapacity for work or any medical, surgical or hospital | 3 |
| benefits made
or to be made under this Act. In such event, the | 4 |
| period of time for
giving notice of accidental injury and | 5 |
| filing application for adjustment
of claim does not commence to | 6 |
| run until the termination of such
payments. This paragraph does | 7 |
| not apply to payments made under any
group plan which would | 8 |
| have been payable irrespective of an accidental
injury under | 9 |
| this Act. Any employer receiving such credit shall keep
such | 10 |
| employee safe and harmless from any and all claims or | 11 |
| liabilities
that may be made against him by reason of having | 12 |
| received such payments
only to the extent of such credit.
| 13 |
| Any excess benefits paid to or on behalf of a State | 14 |
| employee by the
State Employees' Retirement System under | 15 |
| Article 14 of the Illinois Pension
Code on a death claim or | 16 |
| disputed disability claim shall be credited
against any | 17 |
| payments made or to be made by the State of Illinois to or on
| 18 |
| behalf of such employee under this Act, except for payments for | 19 |
| medical
expenses which have already been incurred at the time | 20 |
| of the award. The
State of Illinois shall directly reimburse | 21 |
| the State Employees' Retirement
System to the extent of such | 22 |
| credit.
| 23 |
| 2. Nothing contained in this Act shall be construed to give | 24 |
| the
employer or the insurance carrier the right to credit for | 25 |
| any benefits
or payments received by the employee other than | 26 |
| compensation payments
provided by this Act, and where the |
|
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| 1 |
| employee receives payments other
than compensation payments, | 2 |
| whether as full or partial salary, group
insurance benefits, | 3 |
| bonuses, annuities or any other payments, the
employer or | 4 |
| insurance carrier shall receive credit for each such payment
| 5 |
| only to the extent of the compensation that would have been | 6 |
| payable
during the period covered by such payment.
| 7 |
| 3. The extension of time for the filing of an Application | 8 |
| for
Adjustment of Claim as provided in paragraph 1 above shall | 9 |
| not apply to
those cases where the time for such filing had | 10 |
| expired prior to the date
on which payments or benefits | 11 |
| enumerated herein have been initiated or
resumed. Provided | 12 |
| however that this paragraph 3 shall apply only to
cases wherein | 13 |
| the payments or benefits hereinabove enumerated shall be
| 14 |
| received after July 1, 1969.
| 15 |
| (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | 16 |
| 94-695, eff. 11-16-05.)
|
|