(820 ILCS 310/9) (from Ch. 48, par. 172.44)
Sec. 9.
Any employer or employee or beneficiary who shall desire to have
such compensation, or any unpaid part thereof, paid in a lump sum, may
petition the Commission, asking that such compensation be so paid. If, upon
proper notice to the interested parties and a proper showing made before
such Commission or any member thereof, it appears to the best interest of
the parties that such compensation be so paid, the Commission may order the
commutation of the compensation to an equivalent lump sum, which
commutation shall be an amount which will equal the total sum of the
probable future payments capitalized at their present value upon the basis
of interest calculated at 3% per annum with annual rests.
In cases indicating complete disability no petition for a commutation to
a lump sum basis shall be entertained by the Commission until after the
expiration of 6 months from the date of the disablement.
Where necessary, upon proper application being made, a guardian or administrator,
as the case may be, may be appointed for any
person under disability who may be entitled to any such compensation, and
an employer bound by the terms of this Act and liable to pay such
compensation, may petition for the appointment of the public administrator
or guardian, where no legal representative has been
appointed or is acting for such party or parties so under disability.
The payment of compensation in a lump sum to the employee in his
lifetime upon order of the Commission, shall extinguish and bar all claims
for compensation for death if the compensation paid in a lump sum
represents a compromise of a dispute on any question other than the extent
of disability.
Subject to the provisions herein above in this paragraph contained,
where no dispute exists as to the fact that the occupational disease arose
out of and in the course of the employment and where such disease results
in death or in the amputation of any member or in the enucleation of an
eye, then and in such case the arbitrator or Commission may, upon the
petition of either the employer or the employee, enter an award providing
for the payment of compensation for such death or disability in accordance
with the provisions of Section 7 or paragraph (e) of Section 8 of this
Act.
(Source: P.A. 83-706.)
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