Illinois General Assembly - Illinois Compiled Statutes

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820 ILCS 305/16

(820 ILCS 305/16) (from Ch. 48, par. 138.16)

Sec. 16.

The Commission shall make and publish procedural rules and
orders for carrying out the duties imposed upon it by law and for
determining the extent of disability sustained, which rules and orders
shall be deemed prima facie reasonable and valid.

The process and procedure before the Commission shall be as simple
and summary as reasonably may be.

The Commission upon application of either party may issue dedimus
potestatem directed to a commissioner, notary public, justice of the
peace or any other officer authorized by law to administer oaths, to
take the depositions of such witness or witnesses as may be necessary in
the judgment of such applicant.  Such dedimus potestatem may issue to
any of the officers aforesaid in any state or territory of the United
States.  When the deposition of any witness resident of a foreign
country is desired to be taken, the dedimus shall be directed to and the
deposition taken before a consul, vice consul or other authorized
representative of the government of the United States of America, whose
station is in the country where the witness whose deposition is to be
taken resides.  In countries where the government of the United States
has no consul or other diplomatic representative, then depositions in
such case shall be taken through the appropriate judicial authority of
that country; or where treaties provide for other methods of taking
depositions, then the same may be taken as in such treaties provided.
The Commission shall have the power to adopt necessary rules to govern
the issue of such dedimus potestatem.

The Commission, or any member thereof, or any Arbitrator designated
by the Commission shall have the power to administer oaths, subpoena
and examine witnesses; to issue subpoenas duces tecum, requiring the
production of such books, papers, records and documents as may be
evidence of any matter under inquiry and to examine and inspect the same
and such places or premises as may relate to the question in dispute.
The Commission, or any member thereof, or any Arbitrator designated by
the Commission, shall on written request of either party to the
dispute, issue subpoenas for the attendance of such witnesses and
production of such books, papers, records and documents as shall be
designated in the applications, and the parties
applying for such subpoena shall advance the officer and witness fees
provided for in civil actions pending in circuit courts of this State, except
as otherwise
provided by Section 20 of this Act. Service of such subpoena shall be
made by any sheriff or other person.  In case any person
refuses to comply with an order of the Commission or subpoenas issued by
it or by any member thereof, or any Arbitrator designated by the
Commission or to permit an inspection of places or premises, or to
produce any books, papers, records or documents, or any witness refuses
to testify to any matters regarding which he or she may be lawfully
interrogated, the Circuit Court of the county in which the hearing or
matter is pending, on application of any member of the Commission or any
Arbitrator designated by the Commission, shall compel obedience by
attachment proceedings, as for contempt, as in a case of disobedience of
the requirements of a subpoena from such court on a refusal to testify
therein.

The records, reports, and bills kept by a treating hospital, treating physician, or other treating healthcare provider that renders treatment to the employee as a result of accidental injuries in question, certified to as true and correct by
the hospital, physician, or other healthcare provider or by designated agents of the hospital, physician, or other healthcare provider, showing the medical and
surgical treatment given an injured employee by such hospital, physician, or other healthcare provider, shall be
admissible without any further proof as evidence of the medical and
surgical matters stated therein, but shall not be conclusive proof of
such matters. There shall be a rebuttable presumption that any such records, reports, and bills received in response to Commission subpoena are certified to be true and correct.  This paragraph does not restrict, limit, or prevent the admissibility of records, reports, or bills that are otherwise admissible. This provision does not apply to reports prepared by treating providers for use in litigation.

The Commission at its expense shall provide an official court
reporter to take the testimony and record of proceedings at the hearings
before an Arbitrator or the Commission, who
shall furnish a transcript of such testimony or proceedings to either
party requesting it, upon payment therefor at the rate of $1.00
per page for the original and 35 cents per page for each copy of such
transcript.  Payment for photostatic copies of exhibits shall be extra.
If the Commission has determined, as provided in Section 20
of this Act, that the employee is a poor person, a transcript of such
testimony and proceedings, including photostatic copies of exhibits,
shall be furnished to such employee at the
Commission's expense.

The Commission shall have the power to determine the reasonableness
and fix the amount of any fee of compensation charged by any person,
including attorneys, physicians, surgeons and hospitals, for any service
performed in connection with this Act, or for which payment is to be
made under this Act or rendered in securing any right under this Act.

Whenever the Commission shall find that the employer, his or her agent,
service company or insurance carrier has been guilty of delay or
unfairness towards an employee in the adjustment, settlement or payment
of benefits due such employee within the purview of the provisions of
paragraph (c) of Section 4 of this Act; or has been guilty of
unreasonable or vexatious delay, intentional under-payment of
compensation benefits, or has engaged in frivolous defenses which do not
present a real controversy, within the purview of the provisions of
paragraph (k) of Section 19 of this Act, the Commission may assess all
or any part of the attorney's fees and costs against such employer and
his or her insurance carrier.

(Source: P.A. 94-277, eff. 7-20-05.)