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90_HB3768
735 ILCS 5/8-2001 from Ch. 110, par. 8-2001
735 ILCS 5/8-2003 from Ch. 110, par. 8-2003
735 ILCS 5/8-2004 from Ch. 110, par. 8-2004
735 ILCS 5/8-2005 new
820 ILCS 305/8 from Ch. 48, par. 138.8
820 ILCS 305/16 from Ch. 48, par. 138.16
820 ILCS 310/16 from Ch. 48, par. 172.51
Amends provisions of the Code of Civil Procedure
concerning the inspection of the records of hospitals,
healthcare practitioners; clinical psychologists, and
clinical social workers. Adds provisions relating to charges
for copies. Adds provisions relating to the copying of
records of attorneys. Amends the Workers' Compensation Act
and the Workers' Occupational Diseases Act. Makes changes in
relation to the following: determination of usual and
customary health care charges; processing of payments to
health care providers; failure of employers to pay health
care charges; disputes between employers and health care
providers; disputes regarding reasonableness of health care
charges; collection matters; compilation of data and
determination of usual and customary charges by the
Industrial Commission; and other matters. Creates a
Workers' Compensation Health Care Payment Dispute Resolution
Board to resolve disputes between employers and health care
providers concerning payment for health care services.
Effective January 1, 1999.
LRB9008916YYmgA
LRB9008916YYmgA
1 AN ACT to amend certain Acts in relation to civil
2 matters.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 8-2001, 8-2003, and 8-2004 and adding
7 Section 8-2005 as follows:
8 (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
9 Sec. 8-2001. Examination of records. Every private and
10 public hospital shall, upon the request of any patient who
11 has been treated in such hospital and after his or her
12 discharge therefrom, permit the patient or his or her
13 physician or authorized attorney or the holder of a Consent
14 pursuant to Section 2-1003 to examine the hospital records,
15 including but not limited to the history, bedside notes,
16 charts, pictures and plates, kept in connection with the
17 treatment of such patient, and permit copies of such records
18 to be made by him or her or his or her physician or
19 authorized attorney or the holder of a Consent pursuant to
20 Section 2-1003. A request for examination of the records
21 shall be in writing and shall be delivered to the
22 administrator of such hospital. The person requesting the
23 records shall reimburse the hospital at the time of the
24 copying, for all reasonable expenses incurred by the hospital
25 in connection with the copying. If the hospital prepares
26 copies of paper records, it shall not charge a fee in excess
27 of a $30 handling charge for processing the request for
28 copies and 50 cents per page for the copies.
29 The requirements of this Section shall be satisfied
30 within 60 days of the receipt of a request by a patient, for
31 his or her physician, authorized attorney, or own person or
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1 the holder of a Consent pursuant to Section 2-1003.
2 Failure to comply with the time limit requirement of this
3 Section shall subject the denying party to expenses and
4 reasonable attorneys' fees incurred in connection with any
5 court ordered enforcement of the provisions of this Section.
6 This amendatory Act of 1995 applies to causes of action
7 filed on or after its effective date.
8 (Source: P.A. 89-7, eff. 3-9-95.)
9 (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
10 Sec. 8-2003. Physician's and other healthcare
11 practitioner's records. Every physician and other healthcare
12 practitioner except as provided in Section 8-2004, shall,
13 upon the request of any patient who has been treated by such
14 physician or practitioner, permit such patient's physician or
15 authorized attorney or the holder of a Consent pursuant to
16 Section 2-1003 to examine and copy the patient's records,
17 including but not limited to those relating to the diagnosis,
18 treatment, prognosis, history, charts, pictures and plates,
19 kept in connection with the treatment of such patient. Such
20 request for examining and copying of the records shall be in
21 writing and shall be delivered to such physician or
22 practitioner. Such written request shall be complied with by
23 the physician or practitioner within a reasonable time after
24 receipt by him or her at his or her office or any other place
25 designated by him or her. The physician or practitioner
26 shall be reimbursed by the person requesting such records at
27 the time of such examination or copying, for all reasonable
28 expenses incurred by the physician or practitioner in
29 connection with such examination or copying. Charges for
30 making copies of paper records shall not exceed a $30
31 handling charge for processing the request for copies and 50
32 cents per page.
33 The requirements of this Section shall be satisfied
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1 within 60 days of the receipt of a request by a patient or
2 his or her physician or authorized attorney or the holder of
3 a Consent pursuant to Section 2-1003.
4 Failure to comply with the time limit requirement of this
5 Section shall subject the denying party to expenses and
6 reasonable attorneys' fees incurred in connection with any
7 court ordered enforcement of the provisions of this Section.
8 This amendatory Act of 1995 applies to causes of action
9 filed on or after its effective date.
10 (Source: P.A. 89-7, eff. 3-9-95.)
11 (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
12 Sec. 8-2004. Records of clinical psychologists and
13 clinical social workers. Except where the clinical
14 psychologist or clinical social worker consents, records of a
15 clinical psychologist or clinical social worker regulated in
16 this State, relating to psychological services or social work
17 services, shall not be examined or copied by a patient or the
18 holder of a Consent pursuant to Section 2-1003, unless
19 otherwise ordered by the court for good cause shown. For the
20 purpose of obtaining records, the patient or his or her
21 authorized agent or the holder of a Consent pursuant to
22 Section 2-1003 may apply to the circuit court of the county
23 in which the patient resides or the county in which the
24 clinical psychologist or clinical social worker resides or
25 the county in which the action is pending from which the
26 Consent pursuant to Section 2-1003 was given. The clinical
27 psychologist or clinical social worker shall be reimbursed by
28 the person requesting the records at the time of the
29 examination or copying, for all reasonable expenses incurred
30 by the clinical psychologist or clinical social worker in
31 connection with the examination or copying. Charges for
32 making copies of paper records shall not exceed a $30
33 handling charge for processing the request for copies and 50
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1 cents per page.
2 This amendatory Act of 1995 applies to causes of action
3 filed on or after its effective date.
4 (Source: P.A. 89-7, eff. 3-9-95.)
5 (735 ILCS 5/8-2005 new)
6 Sec. 8-2005. Attorney records. Every attorney shall
7 permit any client or the client's authorized attorney to
8 examine and copy the client's records kept in connection
9 with the representation of the client. The request for
10 examining and copying of the records shall be in writing and
11 shall be delivered to the attorney. The written request
12 shall be complied with by the attorney within a reasonable
13 time after receipt by him or her at his or her office or any
14 other place designated by him or her. The attorney shall be
15 reimbursed by the person requesting the records, at the time
16 of the examination or copying, for all reasonable expenses
17 incurred by the attorney in connection with the examination
18 or copying. Charges for making copies of paper records
19 shall not exceed a $30 handling charge for processing the
20 request for copies and 50 cents per page.
21 The requirements of this Section shall be satisfied
22 within 60 days of the receipt of a request by a client or
23 authorized attorney.
24 Failure to comply with the time limit requirement of this
25 Section shall subject the denying party to expenses and
26 reasonable attorneys' fees incurred in connection with any
27 court ordered enforcement of the provisions of this Section.
28 Section 10. The Workers' Compensation Act is amended by
29 changing Sections 8 and 16 as follows:
30 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
31 Sec. 8. The amount of compensation which shall be paid
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1 to the employee for an accidental injury not resulting in
2 death is set forth in this Section.:
3 (a) The employer shall provide and pay the lesser of the
4 health care provider's actual charges or the usual and
5 customary charges incurred for all the necessary first aid,
6 medical and surgical services, and all necessary medical,
7 surgical and hospital services thereafter incurred, limited,
8 however, to that which is reasonably required to cure or
9 relieve from the effects of the accidental injury. The usual
10 and customary charge is the 90th percentile of the charges
11 for procedures, treatments, or services covered under this
12 Act, other than negotiated charges, submitted to the 5
13 largest workers' compensation carriers in Illinois in each
14 geographic area of the State for the most recent 12-month
15 period established under subdivision (5) of this subsection
16 (a). A health care provider's charges shall be compensated
17 at actual charges not to exceed the 90th percentile. Charges
18 for procedures or services related to a claim under this Act
19 shall not exceed charges to other non-workers' compensation
20 payors for such procedures or services, exclusive of charges
21 pursuant to negotiation, contract, or federal or State laws
22 or regulations. In addition, the health care providers shall
23 be reimbursed by the employer for requested records, reports,
24 letters, testimony, or depositions for all reasonable
25 expenses incurred in connection with provision of this
26 information. The employer shall also pay for treatment,
27 instruction and training necessary for the physical, mental
28 and vocational rehabilitation of the employee, including all
29 maintenance costs and expenses incidental thereto. If as a
30 result of the injury the employee is unable to be
31 self-sufficient the employer shall further pay for such
32 maintenance or institutional care as shall be required.
33 (1) The employee may at any time elect to secure his own
34 physician, surgeon and hospital services at the employer's
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1 expense, or,
2 (2) Upon agreement between the employer and the
3 employees, or the employees' exclusive representative, and
4 subject to the approval of the Industrial Commission, the
5 employer shall maintain a list of physicians, to be known as
6 a Panel of Physicians, who are accessible to the employees.
7 The employer shall post this list in a place or places easily
8 accessible to his employees. The employee shall have the
9 right to make an alternative choice of physician from such
10 Panel if he is not satisfied with the physician first
11 selected. If, due to the nature of the injury or its
12 occurrence away from the employer's place of business, the
13 employee is unable to make a selection from the Panel, the
14 selection process from the Panel shall not apply. The
15 physician selected from the Panel may arrange for any
16 consultation, referral or other specialized medical services
17 outside the Panel at the employer's expense. Provided that,
18 in the event the Commission shall find that a doctor selected
19 by the employee is rendering improper or inadequate care, the
20 Commission may order the employee to select another doctor
21 certified or qualified in the medical field for which
22 treatment is required. If the employee refuses to make such
23 change the Commission may relieve the employer of his
24 obligation to pay the doctor's charges from the date of
25 refusal to the date of compliance.
26 (3) The Commission shall establish rules for processing
27 payments to health care providers in an expeditious and
28 timely manner including designating the proper payor to be
29 billed for health care benefits related to a claim.
30 (A) Nondisputed health care payments.
31 (i) The employer shall make payments or cause
32 payments to be made to health care providers within
33 90 days after the receipt by the employer of due
34 proof of loss. For the purpose of this Section,
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1 "due proof of loss" consists of a receipt of an
2 itemized bill with a demand for payment and a
3 complete copy of the patient records related to
4 these charges. Subsequent billings shall provide
5 updated patient records from the date last provided.
6 Nothing in this Act shall prohibit the employer from
7 waiving the requirement that patient record updates
8 shall accompany billings.
9 (ii) If the employer fails, neglects, or
10 refuses, without good and just cause, to pay the
11 health care provider charges within 90 days, the
12 employer shall pay interest on the unpaid balance of
13 fees at the annual rate of 10%. The interest shall
14 begin to accrue on the 91st day following receipt of
15 due proof of loss and shall stop accruing on the day
16 before tender of payment.
17 (B) Disputed health care payments.
18 (i) There is created a Workers' Compensation
19 Health Care Payment Dispute Resolution Board,
20 hereinafter referred to as the Dispute Resolution
21 Board, consisting of 5 members appointed by the
22 Governor with the advice and consent of the Senate.
23 Three members of the Board shall be representative
24 of physicians, at least 2 of whom shall be licensed
25 to practice medicine in all its branches and 2
26 members of the Board shall represent licensed
27 hospitals. In making Board appointments, the
28 Governor shall give consideration to recommendations
29 by the appropriate largest statewide professional
30 associations. Each member of the Board shall serve
31 a 4 year term. The Governor shall select one of the
32 members to serve as Chairman. Three members of the
33 Board shall constitute a quorum to do business. A
34 vacancy on the Board shall be filled by the Governor
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1 for the unexpired term. Members of the Board shall
2 receive no compensation for their services but shall
3 receive a per diem and be reimbursed for expenses
4 incurred in the performance of their duties by the
5 Commission.
6 (ii) Any disputes concerning payment shall be
7 resolved in a separate process between the employer
8 and health care provider with the Workers'
9 Compensation Health Care Payment Dispute Resolution
10 Board. The employer shall provide the health care
11 provider with reasonable written notice of the
12 reasons for non-payment or payment of less than
13 submitted charges. Any dispute shall be resolved in
14 accordance with the Board's rules which shall
15 include but not be limited to the employer's
16 obligation to submit this written notice and the
17 provider's obligation to provide a written
18 explanation of a billing and affidavit concerning
19 the providers charges to other non-workers'
20 compensation payors. The employee shall have a duty
21 to cooperate in any process or proceeding. The
22 decisions at the Board shall be binding on all
23 parties.
24 (C) Any fees for health care services shall be paid
25 directly to the health care provider. The employee shall
26 not receive payments owed to providers.
27 (D) The provider of any services, treatment, care,
28 instruction, training, or appliances or other tangible
29 things for which an employer is responsible for payment
30 under this subsection (a) is bound by charges or payments
31 ordered by the Industrial Commission and the Workers'
32 Compensation Health Care Payment Dispute Resolution
33 Board. Neither the provider nor an employer or insurance
34 carrier may seek payment from the employee if the
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1 employer is responsible for payment under this subsection
2 (a).
3 (E) No action shall be commenced or maintained in a
4 court of this State by or on behalf of the above
5 mentioned providers of service nor shall such service
6 providers pursue the payment of a bill through the
7 services of a collection agency against an employee for
8 the collection of charges incurred for the treatment of
9 injuries covered under this Act.
10 (4) Every hospital, physician, surgeon or other person
11 rendering treatment or services in accordance with the
12 provisions of this Section shall upon written request furnish
13 full and complete reports thereof to, and permit their
14 records to be copied by, the employer, the employee or his
15 dependents, as the case may be, or any other party to any
16 proceeding for compensation before the Commission, or their
17 attorneys.
18 (5) The Industrial Commission shall compile data on
19 charges submitted to workers' compensation carriers in
20 Illinois and determine the usual and customary charges in
21 each geographic area of the State. The usual and customary
22 charge shall be the 90th percentile of the charges for
23 procedures, treatments, or services covered under this Act,
24 other than negotiated charges, submitted to the 5 largest
25 workers' compensation carriers in Illinois for the most
26 recent 12-month period. The designated geographic areas
27 shall be the areas used under Title XIX of the Social
28 Security Act to set payment levels for physicians under the
29 Medicare Fee Schedule. The usual and customary charges shall
30 be updated every 6 months. The data shall in no way identify
31 or tend to identify any patient, employer, or health care
32 provider. Usual and customary charge determinations shall be
33 published by the Industrial Commission every 6 months with
34 the first report by July 1, 1999.
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1 (a-5) Notwithstanding the foregoing, the employer's
2 liability to pay for such medical services selected by the
3 employee shall be limited to:
4 (1) all first aid and emergency treatment; plus
5 (2) all medical, surgical and hospital services
6 provided by the physician, surgeon or hospital initially
7 chosen by the employee or by any other physician,
8 consultant, expert, institution or other provider of
9 services recommended by said initial service provider or
10 any subsequent provider of medical services in the chain
11 of referrals from said initial service provider; plus
12 (3) all medical, surgical and hospital services
13 provided by any second physician, surgeon or hospital
14 subsequently chosen by the employee or by any other
15 physician, consultant, expert, institution or other
16 provider of services recommended by said second service
17 provider or any subsequent provider of medical services
18 in the chain of referrals from said second service
19 provider. Thereafter the employer shall select and pay
20 for all necessary medical, surgical and hospital
21 treatment and the employee may not select a provider of
22 medical services at the employer's expense unless the
23 employer agrees to such selection. At any time the
24 employee may obtain any medical treatment he desires at
25 his own expense. This paragraph shall not affect the duty
26 to pay for rehabilitation referred to above.
27 When an employer and employee so agree in writing,
28 nothing in this Act prevents an employee whose injury or
29 disability has been established under this Act, from relying
30 in good faith, on treatment by prayer or spiritual means
31 alone, in accordance with the tenets and practice of a
32 recognized church or religious denomination, by a duly
33 accredited practitioner thereof, and having nursing services
34 appropriate therewith, without suffering loss or diminution
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1 of the compensation benefits under this Act. However, the
2 employee shall submit to all physical examinations required
3 by this Act. The cost of such treatment and nursing care
4 shall be paid by the employee unless the employer agrees to
5 make such payment.
6 Where the accidental injury results in the amputation of
7 an arm, hand, leg or foot, or the enucleation of an eye, or
8 the loss of any of the natural teeth, the employer shall
9 furnish an artificial of any such members lost or damaged in
10 accidental injury arising out of and in the course of
11 employment, and shall also furnish the necessary braces in
12 all proper and necessary cases. In cases of the loss of a
13 member or members by amputation, the employer shall, whenever
14 necessary, maintain in good repair, refit or replace the
15 artificial limbs during the lifetime of the employee. Where
16 the accidental injury accompanied by physical injury results
17 in damage to a denture, eye glasses or contact eye lenses, or
18 where the accidental injury results in damage to an
19 artificial member, the employer shall replace or repair such
20 denture, glasses, lenses, or artificial member.
21 The furnishing by the employer of any such services or
22 appliances is not an admission of liability on the part of
23 the employer to pay compensation.
24 The furnishing of any such services or appliances or the
25 servicing thereof by the employer is not the payment of
26 compensation.
27 (b) If the period of temporary total incapacity for work
28 lasts more than 3 working days, weekly compensation as
29 hereinafter provided shall be paid beginning on the 4th day
30 of such temporary total incapacity and continuing as long as
31 the total temporary incapacity lasts. In cases where the
32 temporary total incapacity for work continues for a period of
33 14 days or more from the day of the accident compensation
34 shall commence on the day after the accident.
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1 1. The compensation rate for temporary total
2 incapacity under this paragraph (b) of this Section shall
3 be equal to 66 2/3% of the employee's average weekly wage
4 computed in accordance with Section 10, provided that it
5 shall be not less than the following amounts in the
6 following cases:
7 $100.90 in case of a single person;
8 $105.50 in case of a married person with no
9 children;
10 $108.30 in case of one child;
11 $113.40 in case of 2 children;
12 $117.40 in case of 3 children;
13 $124.30 in case of 4 or more children;
14 nor exceed the employee's average weekly wage computed in
15 accordance with the provisions of Section 10, whichever
16 is less.
17 2. The compensation rate in all cases other than
18 for temporary total disability under this paragraph (b),
19 and other than for serious and permanent disfigurement
20 under paragraph (c) and other than for permanent partial
21 disability under subparagraph (2) of paragraph (d) or
22 under paragraph (e), of this Section shall be equal to 66
23 2/3% of the employee's average weekly wage computed in
24 accordance with the provisions of Section 10, provided
25 that it shall be not less than the following amounts in
26 the following cases:
27 $80.90 in case of a single person;
28 $83.20 in case of a married person with no
29 children;
30 $86.10 in case of one child;
31 $88.90 in case of 2 children;
32 $91.80 in case of 3 children;
33 $96.90 in case of 4 or more children;
34 nor exceed the employee's average weekly wage computed in
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1 accordance with the provisions of Section 10, whichever
2 is less.
3 2.1. The compensation rate in all cases of serious
4 and permanent disfigurement under paragraph (c) and of
5 permanent partial disability under subparagraph (2) of
6 paragraph (d) or under paragraph (e) of this Section
7 shall be equal to 60% of the employee's average weekly
8 wage computed in accordance with the provisions of
9 Section 10, provided that it shall be not less than the
10 following amounts in the following cases:
11 $80.90 in case of a single person;
12 $83.20 in case of a married person with no
13 children;
14 $86.10 in case of one child;
15 $88.90 in case of 2 children;
16 $91.80 in case of 3 children;
17 $96.90 in case of 4 or more children;
18 nor exceed the employee's average weekly wage computed in
19 accordance with the provisions of Section 10, whichever
20 is less.
21 3. As used in this Section the term "child" means a
22 child of the employee including any child legally adopted
23 before the accident or whom at the time of the accident
24 the employee was under legal obligation to support or to
25 whom the employee stood in loco parentis, and who at the
26 time of the accident was under 18 years of age and not
27 emancipated. The term "children" means the plural of
28 "child".
29 4. All weekly compensation rates provided under
30 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
31 Section shall be subject to the following limitations:
32 The maximum weekly compensation rate from July 1,
33 1975, except as hereinafter provided, shall be 100% of
34 the State's average weekly wage in covered industries
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1 under the Unemployment Insurance Act, that being the wage
2 that most closely approximates the State's average weekly
3 wage.
4 The maximum weekly compensation rate, for the period
5 July 1, 1984, through June 30, 1987, except as
6 hereinafter provided, shall be $293.61. Effective July 1,
7 1987 and on July 1 of each year thereafter the maximum
8 weekly compensation rate, except as hereinafter provided,
9 shall be determined as follows: if during the preceding
10 12 month period there shall have been an increase in the
11 State's average weekly wage in covered industries under
12 the Unemployment Insurance Act, the weekly compensation
13 rate shall be proportionately increased by the same
14 percentage as the percentage of increase in the State's
15 average weekly wage in covered industries under the
16 Unemployment Insurance Act during such period.
17 The maximum weekly compensation rate, for the period
18 January 1, 1981 through December 31, 1983, except as
19 hereinafter provided, shall be 100% of the State's
20 average weekly wage in covered industries under the
21 Unemployment Insurance Act in effect on January 1, 1981.
22 Effective January 1, 1984 and on January 1, of each year
23 thereafter the maximum weekly compensation rate, except
24 as hereinafter provided, shall be determined as follows:
25 if during the preceding 12 month period there shall have
26 been an increase in the State's average weekly wage in
27 covered industries under the Unemployment Insurance Act,
28 the weekly compensation rate shall be proportionately
29 increased by the same percentage as the percentage of
30 increase in the State's average weekly wage in covered
31 industries under the Unemployment Insurance Act during
32 such period.
33 From July 1, 1977 and thereafter such maximum weekly
34 compensation rate in death cases under Section 7, and
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1 permanent total disability cases under paragraph (f) or
2 subparagraph 18 of paragraph (3) of this Section and for
3 temporary total disability under paragraph (b) of this
4 Section and for amputation of a member or enucleation of
5 an eye under paragraph (e) of this Section shall be
6 increased to 133-1/3% of the State's average weekly wage
7 in covered industries under the Unemployment Insurance
8 Act.
9 4.1. Any provision herein to the contrary
10 notwithstanding, the weekly compensation rate for
11 compensation payments under subparagraph 18 of paragraph
12 (e) of this Section and under paragraph (f) of this
13 Section and under paragraph (a) of Section 7, shall in no
14 event be less than 50% of the State's average weekly wage
15 in covered industries under the Unemployment Insurance
16 Act.
17 4.2. Any provision to the contrary notwithstanding,
18 the total compensation payable under Section 7 shall not
19 exceed the greater of $250,000 or 20 years.
20 5. For the purpose of this Section this State's
21 average weekly wage in covered industries under the
22 Unemployment Insurance Act on July 1, 1975 is hereby
23 fixed at $228.16 per week and the computation of
24 compensation rates shall be based on the aforesaid
25 average weekly wage until modified as hereinafter
26 provided.
27 6. The Department of Employment Security of the
28 State shall on or before the first day of December, 1977,
29 and on or before the first day of June, 1978, and on the
30 first day of each December and June of each year
31 thereafter, publish the State's average weekly wage in
32 covered industries under the Unemployment Insurance Act
33 and the Industrial Commission shall on the 15th day of
34 January, 1978 and on the 15th day of July, 1978 and on
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1 the 15th day of each January and July of each year
2 thereafter, post and publish the State's average weekly
3 wage in covered industries under the Unemployment
4 Insurance Act as last determined and published by the
5 Department of Employment Security. The amount when so
6 posted and published shall be conclusive and shall be
7 applicable as the basis of computation of compensation
8 rates until the next posting and publication as
9 aforesaid.
10 7. The payment of compensation by an employer or
11 his insurance carrier to an injured employee shall not
12 constitute an admission of the employer's liability to
13 pay compensation.
14 (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
20 accidental injury, which amount shall not exceed 150 weeks at
21 the applicable rate provided in subparagraph 2.1 of paragraph
22 (b) of this Section.
23 No compensation is payable under this paragraph where
24 compensation is payable under paragraphs (d), (e) or (f) of
25 this Section.
26 A duly appointed member of a fire department in a city,
27 the population of which exceeds 200,000 according to the last
28 federal or State census, is eligible for compensation under
29 this paragraph only where such serious and permanent
30 disfigurement results from burns.
31 (d) 1. If, after the accidental injury has been
32 sustained, the employee as a result thereof becomes partially
33 incapacitated from pursuing his usual and customary line of
34 employment, he shall, except in cases compensated under the
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1 specific schedule set forth in paragraph (e) of this Section,
2 receive compensation for the duration of his disability,
3 subject to the limitations as to maximum amounts fixed in
4 paragraph (b) of this Section, equal to 66-2/3% of the
5 difference between the average amount which he would be able
6 to earn in the full performance of his duties in the
7 occupation in which he was engaged at the time of the
8 accident and the average amount which he is earning or is
9 able to earn in some suitable employment or business after
10 the accident.
11 2. If, as a result of the accident, the employee
12 sustains serious and permanent injuries not covered by
13 paragraphs (c) and (e) of this Section or having sustained
14 injuries covered by the aforesaid paragraphs (c) and (e), he
15 shall have sustained in addition thereto other injuries which
16 injuries do not incapacitate him from pursuing the duties of
17 his employment but which would disable him from pursuing
18 other suitable occupations, or which have otherwise resulted
19 in physical impairment; or if such injuries partially
20 incapacitate him from pursuing the duties of his usual and
21 customary line of employment but do not result in an
22 impairment of earning capacity, or having resulted in an
23 impairment of earning capacity, the employee elects to waive
24 his right to recover under the foregoing subparagraph 1 of
25 paragraph (d) of this Section then in any of the foregoing
26 events, he shall receive in addition to compensation for
27 temporary total disability under paragraph (b) of this
28 Section, compensation at the rate provided in subparagraph
29 2.1 of paragraph (b) of this Section for that percentage of
30 500 weeks that the partial disability resulting from the
31 injuries covered by this paragraph bears to total disability.
32 If the employee shall have sustained a fracture of one or
33 more vertebra or fracture of the skull, the amount of
34 compensation allowed under this Section shall be not less
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1 than 6 weeks for a fractured skull and 6 weeks for each
2 fractured vertebra, and in the event the employee shall have
3 sustained a fracture of any of the following facial bones:
4 nasal, lachrymal, vomer, zygoma, maxilla, palatine or
5 mandible, the amount of compensation allowed under this
6 Section shall be not less than 2 weeks for each such
7 fractured bone, and for a fracture of each transverse process
8 not less than 3 weeks. In the event such injuries shall
9 result in the loss of a kidney, spleen or lung, the amount of
10 compensation allowed under this Section shall be not less
11 than 10 weeks for each such organ. Compensation awarded
12 under this subparagraph 2 shall not take into consideration
13 injuries covered under paragraphs (c) and (e) of this Section
14 and the compensation provided in this paragraph shall not
15 affect the employee's right to compensation payable under
16 paragraphs (b), (c) and (e) of this Section for the
17 disabilities therein covered.
18 (e) For accidental injuries in the following schedule,
19 the employee shall receive compensation for the period of
20 temporary total incapacity for work resulting from such
21 accidental injury, under subparagraph 1 of paragraph (b) of
22 this Section, and shall receive in addition thereto
23 compensation for a further period for the specific loss
24 herein mentioned, but shall not receive any compensation
25 under any other provisions of this Act. The following
26 listed amounts apply to either the loss of or the permanent
27 and complete loss of use of the member specified, such
28 compensation for the length of time as follows:
29 1. Thumb-70 weeks.
30 2. First, or index finger-40 weeks.
31 3. Second, or middle finger-35 weeks.
32 4. Third, or ring finger-25 weeks.
33 5. Fourth, or little finger-20 weeks.
34 6. Great toe-35 weeks.
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1 7. Each toe other than great toe-12 weeks.
2 8. The loss of the first or distal phalanx of the
3 thumb or of any finger or toe shall be considered to be
4 equal to the loss of one-half of such thumb, finger or
5 toe and the compensation payable shall be one-half of the
6 amount above specified. The loss of more than one
7 phalanx shall be considered as the loss of the entire
8 thumb, finger or toe. In no case shall the amount
9 received for more than one finger exceed the amount
10 provided in this schedule for the loss of a hand.
11 9. Hand-190 weeks. The loss of 2 or more digits,
12 or one or more phalanges of 2 or more digits, of a hand
13 may be compensated on the basis of partial loss of use of
14 a hand, provided, further, that the loss of 4 digits, or
15 the loss of use of 4 digits, in the same hand shall
16 constitute the complete loss of a hand.
17 10. Arm-235 weeks. Where an accidental injury
18 results in the amputation of an arm below the elbow, such
19 injury shall be compensated as a loss of an arm. Where
20 an accidental injury results in the amputation of an arm
21 above the elbow, compensation for an additional 15 weeks
22 shall be paid, except where the accidental injury results
23 in the amputation of an arm at the shoulder joint, or so
24 close to shoulder joint that an artificial arm cannot be
25 used, or results in the disarticulation of an arm at the
26 shoulder joint, in which case compensation for an
27 additional 65 weeks shall be paid.
28 11. Foot-155 weeks.
29 12. Leg-200 weeks. Where an accidental injury
30 results in the amputation of a leg below the knee, such
31 injury shall be compensated as loss of a leg. Where an
32 accidental injury results in the amputation of a leg
33 above the knee, compensation for an additional 25 weeks
34 shall be paid, except where the accidental injury results
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1 in the amputation of a leg at the hip joint, or so close
2 to the hip joint that an artificial leg cannot be used,
3 or results in the disarticulation of a leg at the hip
4 joint, in which case compensation for an additional 75
5 weeks shall be paid.
6 13. Eye-150 weeks. Where an accidental injury
7 results in the enucleation of an eye, compensation for an
8 additional 10 weeks shall be paid.
9 14. Loss of hearing of one ear-50 weeks; total and
10 permanent loss of hearing of both ears-200 weeks.
11 15. Testicle-50 weeks; both testicles-150 weeks.
12 16. For the permanent partial loss of use of a
13 member or sight of an eye, or hearing of an ear,
14 compensation during that proportion of the number of
15 weeks in the foregoing schedule provided for the loss of
16 such member or sight of an eye, or hearing of an ear,
17 which the partial loss of use thereof bears to the total
18 loss of use of such member, or sight of eye, or hearing
19 of an ear.
20 (a) Loss of hearing for compensation purposes
21 shall be confined to the frequencies of 1,000, 2,000
22 and 3,000 cycles per second. Loss of hearing ability
23 for frequency tones above 3,000 cycles per second
24 are not to be considered as constituting disability
25 for hearing.
26 (b) The percent of hearing loss, for purposes
27 of the determination of compensation claims for
28 occupational deafness, shall be calculated as the
29 average in decibels for the thresholds of hearing
30 for the frequencies of 1,000, 2,000 and 3,000 cycles
31 per second. Pure tone air conduction audiometric
32 instruments, approved by nationally recognized
33 authorities in this field, shall be used for
34 measuring hearing loss. If the losses of hearing
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1 average 30 decibels or less in the 3 frequencies,
2 such losses of hearing shall not then constitute any
3 compensable hearing disability. If the losses of
4 hearing average 85 decibels or more in the 3
5 frequencies, then the same shall constitute and be
6 total or 100% compensable hearing loss.
7 (c) In measuring hearing impairment, the
8 lowest measured losses in each of the 3 frequencies
9 shall be added together and divided by 3 to
10 determine the average decibel loss. For every
11 decibel of loss exceeding 30 decibels an allowance
12 of 1.82% shall be made up to the maximum of 100%
13 which is reached at 85 decibels.
14 (d) If a hearing loss is established to have
15 existed on July 1, 1975 by audiometric testing the
16 employer shall not be liable for the previous loss
17 so established nor shall he be liable for any loss
18 for which compensation has been paid or awarded.
19 (e) No consideration shall be given to the
20 question of whether or not the ability of an
21 employee to understand speech is improved by the use
22 of a hearing aid.
23 (f) No claim for loss of hearing due to
24 industrial noise shall be brought against an
25 employer or allowed unless the employee has been
26 exposed for a period of time sufficient to cause
27 permanent impairment to noise levels in excess of
28 the following:
29 Sound Level DBA
30 Slow Response Hours Per Day
31 90 8
32 92 6
33 95 4
34 97 3
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1 100 2
2 102 1-1/2
3 105 1
4 110 1/2
5 115 1/4
6 This subparagraph (f) shall not be applied in cases
7 of hearing loss resulting from trauma or explosion.
8 17. In computing the compensation to be paid to any
9 employee who, before the accident for which he claims
10 compensation, had before that time sustained an injury
11 resulting in the loss by amputation or partial loss by
12 amputation of any member, including hand, arm, thumb or
13 fingers, leg, foot or any toes, such loss or partial loss
14 of any such member shall be deducted from any award made
15 for the subsequent injury. For the permanent loss of use
16 or the permanent partial loss of use of any such member
17 or the partial loss of sight of an eye, for which
18 compensation has been paid, then such loss shall be taken
19 into consideration and deducted from any award for the
20 subsequent injury.
21 18. The specific case of loss of both hands, both
22 arms, or both feet, or both legs, or both eyes, or of any
23 two thereof, or the permanent and complete loss of the
24 use thereof, constitutes total and permanent disability,
25 to be compensated according to the compensation fixed by
26 paragraph (f) of this Section. These specific cases of
27 total and permanent disability do not exclude other
28 cases.
29 Any employee who has previously suffered the loss or
30 permanent and complete loss of the use of any of such
31 members, and in a subsequent independent accident loses
32 another or suffers the permanent and complete loss of the
33 use of any one of such members the employer for whom the
34 injured employee is working at the time of the last
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1 independent accident is liable to pay compensation only
2 for the loss or permanent and complete loss of the use of
3 the member occasioned by the last independent accident.
4 19. In a case of specific loss and the subsequent
5 death of such injured employee from other causes than
6 such injury leaving a widow, widower, or dependents
7 surviving before payment or payment in full for such
8 injury, then the amount due for such injury is payable to
9 the widow or widower and, if there be no widow or
10 widower, then to such dependents, in the proportion which
11 such dependency bears to total dependency.
12 Beginning July 1, 1980, and every 6 months thereafter,
13 the Commission shall examine the Second Injury Fund and when,
14 after deducting all advances or loans made to such Fund, the
15 amount therein is $500,000 then the amount required to be
16 paid by employers pursuant to paragraph (f) of Section 7
17 shall be reduced by one-half. When the Second Injury Fund
18 reaches the sum of $600,000 then the payments shall cease
19 entirely. However, when the Second Injury Fund has been
20 reduced to $400,000, payment of one-half of the amounts
21 required by paragraph (f) of Section 7 shall be resumed, in
22 the manner herein provided, and when the Second Injury Fund
23 has been reduced to $300,000, payment of the full amounts
24 required by paragraph (f) of Section 7 shall be resumed, in
25 the manner herein provided. The Commission shall make the
26 changes in payment effective by general order, and the
27 changes in payment become immediately effective for all cases
28 coming before the Commission thereafter either by settlement
29 agreement or final order, irrespective of the date of the
30 accidental injury.
31 On August 1, 1996 and on February 1 and August 1 of each
32 subsequent year, the Commission shall examine the special
33 fund designated as the "Rate Adjustment Fund" and when, after
34 deducting all advances or loans made to said fund, the amount
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1 therein is $4,000,000, the amount required to be paid by
2 employers pursuant to paragraph (f) of Section 7 shall be
3 reduced by one-half. When the Rate Adjustment Fund reaches
4 the sum of $5,000,000 the payment therein shall cease
5 entirely. However, when said Rate Adjustment Fund has been
6 reduced to $3,000,000 the amounts required by paragraph (f)
7 of Section 7 shall be resumed in the manner herein provided.
8 (f) In case of complete disability, which renders the
9 employee wholly and permanently incapable of work, or in the
10 specific case of total and permanent disability as provided
11 in subparagraph 18 of paragraph (e) of this Section,
12 compensation shall be payable at the rate provided in
13 subparagraph 2 of paragraph (b) of this Section for life.
14 An employee entitled to benefits under paragraph (f) of
15 this Section shall also be entitled to receive from the Rate
16 Adjustment Fund provided in paragraph (f) of Section 7 of the
17 supplementary benefits provided in paragraph (g) of this
18 Section 8.
19 If any employee who receives an award under this
20 paragraph afterwards returns to work or is able to do so, and
21 earns or is able to earn as much as before the accident,
22 payments under such award shall cease. If such employee
23 returns to work, or is able to do so, and earns or is able to
24 earn part but not as much as before the accident, such award
25 shall be modified so as to conform to an award under
26 paragraph (d) of this Section. If such award is terminated
27 or reduced under the provisions of this paragraph, such
28 employees have the right at any time within 30 months after
29 the date of such termination or reduction to file petition
30 with the Commission for the purpose of determining whether
31 any disability exists as a result of the original accidental
32 injury and the extent thereof.
33 Disability as enumerated in subdivision 18, paragraph (e)
34 of this Section is considered complete disability.
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1 If an employee who had previously incurred loss or the
2 permanent and complete loss of use of one member, through the
3 loss or the permanent and complete loss of the use of one
4 hand, one arm, one foot, one leg, or one eye, incurs
5 permanent and complete disability through the loss or the
6 permanent and complete loss of the use of another member, he
7 shall receive, in addition to the compensation payable by the
8 employer and after such payments have ceased, an amount from
9 the Second Injury Fund provided for in paragraph (f) of
10 Section 7, which, together with the compensation payable from
11 the employer in whose employ he was when the last accidental
12 injury was incurred, will equal the amount payable for
13 permanent and complete disability as provided in this
14 paragraph of this Section.
15 The custodian of the Second Injury Fund provided for in
16 paragraph (f) of Section 7 shall be joined with the employer
17 as a party respondent in the application for adjustment of
18 claim. The application for adjustment of claim shall state
19 briefly and in general terms the approximate time and place
20 and manner of the loss of the first member.
21 In its award the Commission or the Arbitrator shall
22 specifically find the amount the injured employee shall be
23 weekly paid, the number of weeks compensation which shall be
24 paid by the employer, the date upon which payments begin out
25 of the Second Injury Fund provided for in paragraph (f) of
26 Section 7 of this Act, the length of time the weekly payments
27 continue, the date upon which the pension payments commence
28 and the monthly amount of the payments. The Commission shall
29 30 days after the date upon which payments out of the Second
30 Injury Fund have begun as provided in the award, and every
31 month thereafter, prepare and submit to the State Comptroller
32 a voucher for payment for all compensation accrued to that
33 date at the rate fixed by the Commission. The State
34 Comptroller shall draw a warrant to the injured employee
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1 along with a receipt to be executed by the injured employee
2 and returned to the Commission. The endorsed warrant and
3 receipt is a full and complete acquittance to the Commission
4 for the payment out of the Second Injury Fund. No other
5 appropriation or warrant is necessary for payment out of the
6 Second Injury Fund. The Second Injury Fund is appropriated
7 for the purpose of making payments according to the terms of
8 the awards.
9 As of July 1, 1980 to July 1, 1982, all claims against
10 and obligations of the Second Injury Fund shall become claims
11 against and obligations of the Rate Adjustment Fund to the
12 extent there is insufficient money in the Second Injury Fund
13 to pay such claims and obligations. In that case, all
14 references to "Second Injury Fund" in this Section shall also
15 include the Rate Adjustment Fund.
16 (g) Every award for permanent total disability entered
17 by the Commission on and after July 1, 1965 under which
18 compensation payments shall become due and payable after the
19 effective date of this amendatory Act, and every award for
20 death benefits or permanent total disability entered by the
21 Commission on and after the effective date of this amendatory
22 Act shall be subject to annual adjustments as to the amount
23 of the compensation rate therein provided. Such adjustments
24 shall first be made on July 15, 1977, and all awards made and
25 entered prior to July 1, 1975 and on July 15 of each year
26 thereafter. In all other cases such adjustment shall be made
27 on July 15 of the second year next following the date of the
28 entry of the award and shall further be made on July 15
29 annually thereafter. If during the intervening period from
30 the date of the entry of the award, or the last periodic
31 adjustment, there shall have been an increase in the State's
32 average weekly wage in covered industries under the
33 Unemployment Insurance Act, the weekly compensation rate
34 shall be proportionately increased by the same percentage as
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1 the percentage of increase in the State's average weekly wage
2 in covered industries under the Unemployment Insurance Act.
3 The increase in the compensation rate under this paragraph
4 shall in no event bring the total compensation rate to an
5 amount greater than the prevailing maximum rate. Such
6 increase shall be paid in the same manner as herein provided
7 for payments under the Second Injury Fund to the injured
8 employee, or his dependents, as the case may be, out of the
9 Rate Adjustment Fund provided in paragraph (f) of Section 7
10 of this Act. Payments shall be made at the same intervals as
11 provided in the award or, at the option of the Commission,
12 may be made in quarterly payment on the 15th day of January,
13 April, July and October of each year. In the event of a
14 decrease in such average weekly wage there shall be no change
15 in the then existing compensation rate. The within paragraph
16 shall not apply to cases where there is disputed liability
17 and in which a compromise lump sum settlement between the
18 employer and the injured employee, or his dependents, as the
19 case may be, has been duly approved by the Industrial
20 Commission.
21 Provided, that in cases of awards entered by the
22 Commission for injuries occurring before July 1, 1975, the
23 increases in the compensation rate adjusted under the
24 foregoing provision of this paragraph (g) shall be limited to
25 increases in the State's average weekly wage in covered
26 industries under the Unemployment Insurance Act occurring
27 after July 1, 1975.
28 (h) In case death occurs from any cause before the total
29 compensation to which the employee would have been entitled
30 has been paid, then in case the employee leaves any widow,
31 widower, child, parent (or any grandchild, grandparent or
32 other lineal heir or any collateral heir dependent at the
33 time of the accident upon the earnings of the employee to the
34 extent of 50% or more of total dependency) such compensation
-28- LRB9008916YYmgA
1 shall be paid to the beneficiaries of the deceased employee
2 and distributed as provided in paragraph (g) of Section 7.
3 (h-1) In case an injured employee is under legal
4 disability at the time when any right or privilege accrues to
5 him or her under this Act, a guardian may be appointed
6 pursuant to law, and may, on behalf of such person under
7 legal disability, claim and exercise any such right or
8 privilege with the same effect as if the employee himself or
9 herself had claimed or exercised the right or privilege. No
10 limitations of time provided by this Act run so long as the
11 employee who is under legal disability is without a
12 conservator or guardian.
13 (i) In case the injured employee is under 16 years of
14 age at the time of the accident and is illegally employed,
15 the amount of compensation payable under paragraphs (b), (c),
16 (d), (e) and (f) of this Section is increased 50%.
17 However, where an employer has on file an employment
18 certificate issued pursuant to the Child Labor Law or work
19 permit issued pursuant to the Federal Fair Labor Standards
20 Act, as amended, or a birth certificate properly and duly
21 issued, such certificate, permit or birth certificate is
22 conclusive evidence as to the age of the injured minor
23 employee for the purposes of this Section.
24 Nothing herein contained repeals or amends the provisions
25 of the Child Labor Law relating to the employment of minors
26 under the age of 16 years.
27 (j) 1. In the event the injured employee receives
28 benefits, including medical, surgical or hospital benefits
29 under any group plan covering non-occupational disabilities
30 contributed to wholly or partially by the employer, which
31 benefits should not have been payable if any rights of
32 recovery existed under this Act, then such amounts so paid to
33 the employee from any such group plan as shall be consistent
34 with, and limited to, the provisions of paragraph 2 hereof,
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1 shall be credited to or against any compensation payment for
2 temporary total incapacity for work or any medical, surgical
3 or hospital benefits made or to be made under this Act. In
4 such event, the period of time for giving notice of
5 accidental injury and filing application for adjustment of
6 claim does not commence to run until the termination of such
7 payments. This paragraph does not apply to payments made
8 under any group plan which would have been payable
9 irrespective of an accidental injury under this Act. Any
10 employer receiving such credit shall keep such employee safe
11 and harmless from any and all claims or liabilities that may
12 be made against him by reason of having received such
13 payments only to the extent of such credit.
14 Any excess benefits paid to or on behalf of a State
15 employee by the State Employees' Retirement System under
16 Article 14 of the Illinois Pension Code on a death claim or
17 disputed disability claim shall be credited against any
18 payments made or to be made by the State of Illinois to or on
19 behalf of such employee under this Act, except for payments
20 for medical expenses which have already been incurred at the
21 time of the award. The State of Illinois shall directly
22 reimburse the State Employees' Retirement System to the
23 extent of such credit.
24 2. Nothing contained in this Act shall be construed to
25 give the employer or the insurance carrier the right to
26 credit for any benefits or payments received by the employee
27 other than compensation payments provided by this Act, and
28 where the employee receives payments other than compensation
29 payments, whether as full or partial salary, group insurance
30 benefits, bonuses, annuities or any other payments, the
31 employer or insurance carrier shall receive credit for each
32 such payment only to the extent of the compensation that
33 would have been payable during the period covered by such
34 payment.
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1 3. The extension of time for the filing of an
2 Application for Adjustment of Claim as provided in paragraph
3 1 above shall not apply to those cases where the time for
4 such filing had expired prior to the date on which payments
5 or benefits enumerated herein have been initiated or resumed.
6 Provided however that this paragraph 3 shall apply only to
7 cases wherein the payments or benefits hereinabove enumerated
8 shall be received after July 1, 1969.
9 (Source: P.A. 89-470, eff. 6-13-96.)
10 (820 ILCS 305/16) (from Ch. 48, par. 138.16)
11 Sec. 16. The Commission shall make and publish
12 procedural rules and orders for carrying out the duties
13 imposed upon it by law and for determining the extent of
14 disability sustained, which rules and orders shall be deemed
15 prima facie reasonable and valid.
16 The process and procedure before the Commission shall be
17 as simple and summary as reasonably may be.
18 The Commission upon application of either party may issue
19 dedimus potestatem directed to a commissioner, notary public,
20 justice of the peace or any other officer authorized by law
21 to administer oaths, to take the depositions of such witness
22 or witnesses as may be necessary in the judgment of such
23 applicant. Such dedimus potestatem may issue to any of the
24 officers aforesaid in any state or territory of the United
25 States. When the deposition of any witness resident of a
26 foreign country is desired to be taken, the dedimus shall be
27 directed to and the deposition taken before a consul, vice
28 consul or other authorized representative of the government
29 of the United States of America, whose station is in the
30 country where the witness whose deposition is to be taken
31 resides. In countries where the government of the United
32 States has no consul or other diplomatic representative, then
33 depositions in such case shall be taken through the
-31- LRB9008916YYmgA
1 appropriate judicial authority of that country; or where
2 treaties provide for other methods of taking depositions,
3 then the same may be taken as in such treaties provided. The
4 Commission shall have the power to adopt necessary rules to
5 govern the issue of such dedimus potestatem.
6 The Commission, or any member thereof, or any Arbitrator
7 designated by the Commission shall have the power to
8 administer oaths, subpoena and examine witnesses; to issue
9 subpoenas duces tecum, requiring the production of such
10 books, papers, records and documents as may be evidence of
11 any matter under inquiry and to examine and inspect the same
12 and such places or premises as may relate to the question in
13 dispute. The Commission, or any member thereof, or any
14 Arbitrator designated by the Commission, shall on written
15 request of either party to the dispute, issue subpoenas for
16 the attendance of such witnesses and production of such
17 books, papers, records and documents as shall be designated
18 in the applications, and the parties applying for such
19 subpoena shall advance the officer and witness fees provided
20 for in civil actions pending in circuit courts of this State,
21 except as otherwise provided by Section 20 of this Act.
22 Service of such subpoena shall be made by any sheriff or
23 other person. In case any person refuses to comply with an
24 order of the Commission or subpoenas issued by it or by any
25 member thereof, or any Arbitrator designated by the
26 Commission or to permit an inspection of places or premises,
27 or to produce any books, papers, records or documents, or any
28 witness refuses to testify to any matters regarding which he
29 or she may be lawfully interrogated, the Circuit Court of the
30 county in which the hearing or matter is pending, on
31 application of any member of the Commission or any Arbitrator
32 designated by the Commission, shall compel obedience by
33 attachment proceedings, as for contempt, as in a case of
34 disobedience of the requirements of a subpoena from such
-32- LRB9008916YYmgA
1 court on a refusal to testify therein.
2 The records kept by a hospital, certified to as true and
3 correct by the superintendent or other officer in charge,
4 showing the medical and surgical treatment given an injured
5 employee in such hospital, shall be admissible without any
6 further proof as evidence of the medical and surgical matters
7 stated therein, but shall not be conclusive proof of such
8 matters.
9 The Commission at its expense shall provide an official
10 court reporter to take the testimony and record of
11 proceedings at the hearings before an Arbitrator or the
12 Commission, who shall furnish a transcript of such testimony
13 or proceedings to either party requesting it, upon payment
14 therefor at the rate of $1.00 per page for the original and
15 35 cents per page for each copy of such transcript. Payment
16 for photostatic copies of exhibits shall be extra. If the
17 Commission has determined, as provided in Section 20 of this
18 Act, that the employee is a poor person, a transcript of such
19 testimony and proceedings, including photostatic copies of
20 exhibits, shall be furnished to such employee at the
21 Commission's expense.
22 The Commission shall have the power to determine the
23 reasonableness and fix the amount of any fee of compensation
24 charged by any person, including attorneys, physicians,
25 surgeons and hospitals, for any service performed in
26 connection with this Act, or for which payment is to be made
27 under this Act or rendered in securing any right under this
28 Act. Health care provider compensation shall be determined
29 in accordance with the provisions of subsection (a) of
30 Section 8 of this Act.
31 Whenever the Commission shall find that the employer, his
32 or her agent, service company or insurance carrier has been
33 guilty of delay or unfairness towards an employee in the
34 adjustment, settlement or payment of benefits due such
-33- LRB9008916YYmgA
1 employee within the purview of the provisions of paragraph
2 (c) of Section 4 of this Act; or has been guilty of
3 unreasonable or vexatious delay, intentional under-payment of
4 compensation benefits, or has engaged in frivolous defenses
5 which do not present a real controversy, within the purview
6 of the provisions of paragraph (k) of Section 19 of this Act,
7 the Commission may assess all or any part of the attorney's
8 fees and costs against such employer and his or her insurance
9 carrier.
10 (Source: P.A. 86-998.)
11 Section 15. The Workers' Occupational Diseases Act is
12 amended by changing Section 16 as follows:
13 (820 ILCS 310/16) (from Ch. 48, par. 172.51)
14 Sec. 16. The Commission shall make and publish procedural
15 rules and orders for carrying out the duties imposed upon it
16 by law, which rules and orders shall be deemed prima facie
17 reasonable and valid.
18 The process and procedure before the Commission shall be
19 as simple and summary as reasonably may be.
20 The Commission upon application of either party may issue
21 a dedimus potestatem directed to a commissioner, notary
22 public, magistrate, justice of the peace or any other officer
23 authorized by law to administer oaths, to take the
24 depositions of such witness or witnesses as may be necessary
25 in the judgment of such applicant. Such dedimus potestatem
26 may issue to any of the officers aforesaid in any state or
27 territory of the United States. When the deposition of any
28 witness resident of a foreign country is desired to be taken,
29 the dedimus shall be directed to and the deposition taken
30 before a consul, vice consul or other authorized
31 representative of the government of the United States of
32 America, whose station is in the country where the witness
-34- LRB9008916YYmgA
1 whose deposition is to be taken resides. In countries where
2 the government of the United States has no consul or other
3 diplomatic representative, then depositions in such case
4 shall be taken through the appropriate judicial authority of
5 that country; or where treaties provide for other methods of
6 taking depositions, then the same may be taken as in such
7 treaties provided. The Commission shall have the power to
8 adopt necessary rules to govern the issue of such dedimus
9 potestatem.
10 The Commission, or any member thereof, or any Arbitrator
11 designated by said Commission shall have the power to
12 administer oaths, subpoena and examine witnesses; to issue
13 subpoenas duces tecum, requiring the production of such
14 books, papers, records and documents as may be evidence of
15 any matter under inquiry and to examine and inspect the same
16 and such places or premises as may relate to the question in
17 dispute. Said Commission or any member thereof, or any
18 Arbitrator designated by said Commission, shall on written
19 request of either party to the dispute, issue subpoenas for
20 the attendance of such witnesses and production of such
21 books, papers, records and documents as shall be designated
22 in said applications, providing however, that the parties
23 applying for such subpoena shall advance the officer and
24 witness fees provided for in suits pending in the Circuit
25 Court. Service of such subpoena shall be made by any sheriff
26 or other person. In case any person refuses to comply with
27 an order of the Commission or subpoenas issued by it or by
28 any member thereof, or any Arbitrator designated by said
29 Commission or to permit an inspection of places or premises,
30 or to produce any books, papers, records or documents, or any
31 witness refuses to testify to any matters regarding which he
32 may be lawfully interrogated, the Circuit Court for the
33 county in which said hearing or matter is pending, on
34 application of any member of the Commission or any Arbitrator
-35- LRB9008916YYmgA
1 designated by the Commission, shall compel obedience by
2 attachment proceedings, as for contempt, as in a case of
3 disobedience of the requirements of a subpoena from such
4 court on a refusal to testify therein.
5 The records kept by a hospital, certified to as true and
6 correct by the superintendent or other officer in charge,
7 showing the medical and surgical treatment given an injured
8 employee in such hospital, shall be admissible without any
9 further proof as evidence of the medical and surgical matters
10 stated therein, but shall not be conclusive proof of such
11 matters.
12 The Commission at its expense shall provide an official
13 court reporter to take the testimony and record of
14 proceedings at the hearings before an Arbitrator or the
15 Commission, who shall furnish a transcript of such testimony
16 or proceedings to either party requesting it, upon payment to
17 him therefor at the rate of $1.00 per page for the original
18 and 35 cents per page for each copy of such transcript.
19 Payment for photostatic copies of exhibits shall be extra.
20 If the Commission has determined, as provided in Section 19.5
21 of this Act, that the employee is a poor person, a transcript
22 of such testimony and proceedings, including photostatic
23 copies of exhibits, shall be furnished to such employee at
24 the Commission's expense.
25 The Commission shall have the power to determine the
26 reasonableness and fix the amount of any fee of compensation
27 charged by any person, including attorneys, physicians,
28 surgeons and hospitals, for any service performed in
29 connection with this Act, or for which payment is to be made
30 under this Act or rendered in securing any right under this
31 Act. Health care provider compensation shall be determined
32 in accordance with the provisions of subsection (a) of
33 Section 8 of the Workers' Compensation Act.
34 Whenever the Commission shall find that the employer, his
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1 agent, service company or insurance carrier has been guilty
2 of delay or unfairness towards an employee in the adjustment,
3 settlement or payment of benefits due such employee or has
4 been guilty of unreasonable or vexatious delay, intentional
5 under-payment of compensation benefits, or has engaged in
6 frivolous defenses which do not present a real controversy,
7 the Commission may assess all or any part of the attorney's
8 fees and costs against such employer and his insurance
9 carrier.
10 (Source: P.A. 86-998; 87-895.)
11 Section 95. The provisions of this Act are severable
12 under Section 1.31 of the Statute on Statutes.
13 Section 99. Effective date. This Act takes effect on
14 January 1, 1999.