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90_SB0073ham003
LRB9001482MWpcam02
1 AMENDMENT TO SENATE BILL 73
2 AMENDMENT NO. . Amend Senate Bill 73 by replacing
3 the title with the following:
4 "AN ACT to amend the Workers' Compensation Act by
5 changing Section 8."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Worker's Compensation Act is amended by
9 changing Section 8 as follows:
10 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
11 Sec. 8. The amount of compensation which shall be paid
12 to the employee for an accidental injury not resulting in
13 death is:
14 (a) The employer shall provide and pay for all the
15 necessary first aid, medical and surgical services, and all
16 necessary medical, surgical and hospital services thereafter
17 incurred, limited, however, to that which is reasonably
18 required to cure or relieve from the effects of the
19 accidental injury. The employer shall also pay for treatment,
20 instruction and training necessary for the physical, mental
21 and vocational rehabilitation of the employee, including all
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1 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.
5 The employee may at any time elect to secure his own
6 physician, surgeon and hospital services at the employer's
7 expense, or,
8 Upon agreement between the employer and the employees, or
9 the employees' exclusive representative, and subject to the
10 approval of the Industrial Commission, the employer shall
11 maintain a list of physicians, to be known as a Panel of
12 Physicians, who are accessible to the employees. The employer
13 shall post this list in a place or places easily accessible
14 to his employees. The employee shall have the right to make
15 an alternative choice of physician from such Panel if he is
16 not satisfied with the physician first selected. If, due to
17 the nature of the injury or its occurrence away from the
18 employer's place of business, the employee is unable to make
19 a selection from the Panel, the selection process from the
20 Panel shall not apply. The physician selected from the Panel
21 may arrange for any consultation, referral or other
22 specialized medical services outside the Panel at the
23 employer's expense. Provided that, in the event the
24 Commission shall find that a doctor selected by the employee
25 is rendering improper or inadequate care, the Commission may
26 order the employee to select another doctor certified or
27 qualified in the medical field for which treatment is
28 required. If the employee refuses to make such change the
29 Commission may relieve the employer of his obligation to pay
30 the doctor's charges from the date of refusal to the date of
31 compliance.
32 Every hospital, physician, surgeon or other person
33 rendering treatment or services in accordance with the
34 provisions of this Section shall upon written request furnish
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1 full and complete reports thereof to, and permit their
2 records to be copied by, the employer, the employee or his
3 dependents, as the case may be, or any other party to any
4 proceeding for compensation before the Commission, or their
5 attorneys.
6 Notwithstanding the foregoing, the employer's liability
7 to pay for such medical services selected by the employee
8 shall be limited to:
9 (1) all first aid and emergency treatment; plus
10 (2) all medical, surgical and hospital services
11 provided by the physician, surgeon or hospital initially
12 chosen by the employee or by any other physician,
13 consultant, expert, institution or other provider of
14 services recommended by said initial service provider or
15 any subsequent provider of medical services in the chain
16 of referrals from said initial service provider; plus
17 (3) all medical, surgical and hospital services
18 provided by any second physician, surgeon or hospital
19 subsequently chosen by the employee or by any other
20 physician, consultant, expert, institution or other
21 provider of services recommended by said second service
22 provider or any subsequent provider of medical services
23 in the chain of referrals from said second service
24 provider. Thereafter the employer shall select and pay
25 for all necessary medical, surgical and hospital
26 treatment and the employee may not select a provider of
27 medical services at the employer's expense unless the
28 employer agrees to such selection. At any time the
29 employee may obtain any medical treatment he desires at
30 his own expense. This paragraph shall not affect the duty
31 to pay for rehabilitation referred to above.
32 When an employer and employee so agree in writing,
33 nothing in this Act prevents an employee whose injury or
34 disability has been established under this Act, from relying
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1 in good faith, on treatment by prayer or spiritual means
2 alone, in accordance with the tenets and practice of a
3 recognized church or religious denomination, by a duly
4 accredited practitioner thereof, and having nursing services
5 appropriate therewith, without suffering loss or diminution
6 of the compensation benefits under this Act. However, the
7 employee shall submit to all physical examinations required
8 by this Act. The cost of such treatment and nursing care
9 shall be paid by the employee unless the employer agrees to
10 make such payment.
11 Where the accidental injury results in the amputation of
12 an arm, hand, leg or foot, or the enucleation of an eye, or
13 the loss of any of the natural teeth, the employer shall
14 furnish an artificial of any such members lost or damaged in
15 accidental injury arising out of and in the course of
16 employment, and shall also furnish the necessary braces in
17 all proper and necessary cases. In cases of the loss of a
18 member or members by amputation, the employer shall, whenever
19 necessary, maintain in good repair, refit or replace the
20 artificial limbs during the lifetime of the employee. Where
21 the accidental injury accompanied by physical injury results
22 in damage to a denture, eye glasses or contact eye lenses, or
23 where the accidental injury results in damage to an
24 artificial member, the employer shall replace or repair such
25 denture, glasses, lenses, or artificial member.
26 The furnishing by the employer of any such services or
27 appliances is not an admission of liability on the part of
28 the employer to pay compensation.
29 The furnishing of any such services or appliances or the
30 servicing thereof by the employer is not the payment of
31 compensation.
32 The provider of any services, treatment, care,
33 instruction, training, or appliances or other tangible things
34 for which an employer is responsible for payment under this
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1 subsection is bound by charges or payments ordered by the
2 Industrial Commission, and any dispute regarding the
3 reasonableness or the amount of a fee, charge, or payment
4 shall be resolved in accordance with Section 16 of this Act
5 or Section 16 of the Workers' Occupational Diseases Act.
6 Neither the provider nor an employer or insurance carrier may
7 seek payment from the employee if the employer is responsible
8 for payment under this subsection (a).
9 No action shall be commenced or maintained in a court of
10 this State by or on behalf of the above mentioned providers
11 of service nor shall such service providers pursue the
12 payment of a bill through the services of a collection agency
13 against an employee for the collection of charges incurred
14 for the treatment of injuries covered under this Act.
15 (b) If the period of temporary total incapacity for work
16 lasts more than 3 working days, weekly compensation as
17 hereinafter provided shall be paid beginning on the 4th day
18 of such temporary total incapacity and continuing as long as
19 the total temporary incapacity lasts. In cases where the
20 temporary total incapacity for work continues for a period of
21 14 days or more from the day of the accident compensation
22 shall commence on the day after the accident.
23 1. The compensation rate for temporary total
24 incapacity under this paragraph (b) of this Section shall
25 be equal to 66 2/3% of the employee's average weekly wage
26 computed in accordance with Section 10, provided that it
27 shall be not less than the following amounts in the
28 following cases:
29 $100.90 in case of a single person;
30 $105.50 in case of a married person with no
31 children;
32 $108.30 in case of one child;
33 $113.40 in case of 2 children;
34 $117.40 in case of 3 children;
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1 $124.30 in case of 4 or more children;
2 nor exceed the employee's average weekly wage computed in
3 accordance with the provisions of Section 10, whichever
4 is less.
5 2. The compensation rate in all cases other than
6 for temporary total disability under this paragraph (b),
7 and other than for serious and permanent disfigurement
8 under paragraph (c) and other than for permanent partial
9 disability under subparagraph (2) of paragraph (d) or
10 under paragraph (e), of this Section shall be equal to 66
11 2/3% of the employee's average weekly wage computed in
12 accordance with the provisions of Section 10, provided
13 that it shall be not less than the following amounts in
14 the following cases:
15 $80.90 in case of a single person;
16 $83.20 in case of a married person with no
17 children;
18 $86.10 in case of one child;
19 $88.90 in case of 2 children;
20 $91.80 in case of 3 children;
21 $96.90 in case of 4 or more children;
22 nor exceed the employee's average weekly wage computed in
23 accordance with the provisions of Section 10, whichever
24 is less.
25 2.1. The compensation rate in all cases of serious
26 and permanent disfigurement under paragraph (c) and of
27 permanent partial disability under subparagraph (2) of
28 paragraph (d) or under paragraph (e) of this Section
29 shall be equal to 60% of the employee's average weekly
30 wage computed in accordance with the provisions of
31 Section 10, provided that it shall be not less than the
32 following amounts in the following cases:
33 $80.90 in case of a single person;
34 $83.20 in case of a married person with no
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1 children;
2 $86.10 in case of one child;
3 $88.90 in case of 2 children;
4 $91.80 in case of 3 children;
5 $96.90 in case of 4 or more children;
6 nor exceed the employee's average weekly wage computed in
7 accordance with the provisions of Section 10, whichever
8 is less.
9 3. As used in this Section the term "child" means a
10 child of the employee including any child legally adopted
11 before the accident or whom at the time of the accident
12 the employee was under legal obligation to support or to
13 whom the employee stood in loco parentis, and who at the
14 time of the accident was under 18 years of age and not
15 emancipated. The term "children" means the plural of
16 "child".
17 4. All weekly compensation rates provided under
18 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
19 Section shall be subject to the following limitations:
20 The maximum weekly compensation rate from July 1,
21 1975, except as hereinafter provided, shall be 100% of
22 the State's average weekly wage in covered industries
23 under the Unemployment Insurance Act, that being the wage
24 that most closely approximates the State's average weekly
25 wage.
26 The maximum weekly compensation rate, for the period
27 July 1, 1984, through June 30, 1987, except as
28 hereinafter provided, shall be $293.61. Effective July 1,
29 1987 and on July 1 of each year thereafter the maximum
30 weekly compensation rate, except as hereinafter provided,
31 shall be determined as follows: if during the preceding
32 12 month period there shall have been an increase in the
33 State's average weekly wage in covered industries under
34 the Unemployment Insurance Act, the weekly compensation
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1 rate shall be proportionately increased by the same
2 percentage as the percentage of increase in the State's
3 average weekly wage in covered industries under the
4 Unemployment Insurance Act during such period.
5 The maximum weekly compensation rate, for the period
6 January 1, 1981 through December 31, 1983, except as
7 hereinafter provided, shall be 100% of the State's
8 average weekly wage in covered industries under the
9 Unemployment Insurance Act in effect on January 1, 1981.
10 Effective January 1, 1984 and on January 1, of each year
11 thereafter the maximum weekly compensation rate, except
12 as hereinafter provided, shall be determined as follows:
13 if during the preceding 12 month period there shall have
14 been an increase in the State's average weekly wage in
15 covered industries under the Unemployment Insurance Act,
16 the weekly compensation rate shall be proportionately
17 increased by the same percentage as the percentage of
18 increase in the State's average weekly wage in covered
19 industries under the Unemployment Insurance Act during
20 such period.
21 From July 1, 1977 and thereafter such maximum weekly
22 compensation rate in death cases under Section 7, and
23 permanent total disability cases under paragraph (f) or
24 subparagraph 18 of paragraph (3) of this Section and for
25 temporary total disability under paragraph (b) of this
26 Section and for amputation of a member or enucleation of
27 an eye under paragraph (e) of this Section shall be
28 increased to 133-1/3% of the State's average weekly wage
29 in covered industries under the Unemployment Insurance
30 Act.
31 4.1. Any provision herein to the contrary
32 notwithstanding, the weekly compensation rate for
33 compensation payments under subparagraph 18 of paragraph
34 (e) of this Section and under paragraph (f) of this
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1 Section and under paragraph (a) of Section 7, shall in no
2 event be less than 50% of the State's average weekly wage
3 in covered industries under the Unemployment Insurance
4 Act.
5 4.2. Any provision to the contrary notwithstanding,
6 the total compensation payable under Section 7 shall not
7 exceed the greater of $250,000 or 20 years.
8 5. For the purpose of this Section this State's
9 average weekly wage in covered industries under the
10 Unemployment Insurance Act on July 1, 1975 is hereby
11 fixed at $228.16 per week and the computation of
12 compensation rates shall be based on the aforesaid
13 average weekly wage until modified as hereinafter
14 provided.
15 6. The Department of Employment Security of the
16 State shall on or before the first day of December, 1977,
17 and on or before the first day of June, 1978, and on the
18 first day of each December and June of each year
19 thereafter, publish the State's average weekly wage in
20 covered industries under the Unemployment Insurance Act
21 and the Industrial Commission shall on the 15th day of
22 January, 1978 and on the 15th day of July, 1978 and on
23 the 15th day of each January and July of each year
24 thereafter, post and publish the State's average weekly
25 wage in covered industries under the Unemployment
26 Insurance Act as last determined and published by the
27 Department of Employment Security. The amount when so
28 posted and published shall be conclusive and shall be
29 applicable as the basis of computation of compensation
30 rates until the next posting and publication as
31 aforesaid.
32 7. The payment of compensation by an employer or
33 his insurance carrier to an injured employee shall not
34 constitute an admission of the employer's liability to
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1 pay compensation.
2 (c) For any serious and permanent disfigurement to the
3 hand, head, face, neck, arm, leg below the knee or the chest
4 above the axillary line, the employee is entitled to
5 compensation for such disfigurement, the amount determined by
6 agreement at any time or by arbitration under this Act, at a
7 hearing not less than 6 months after the date of the
8 accidental injury, which amount shall not exceed 150 weeks at
9 the applicable rate provided in subparagraph 2.1 of paragraph
10 (b) of this Section.
11 No compensation is payable under this paragraph where
12 compensation is payable under paragraphs (d), (e) or (f) of
13 this Section.
14 A duly appointed member of a fire department in a city,
15 the population of which exceeds 200,000 according to the last
16 federal or State census, is eligible for compensation under
17 this paragraph only where such serious and permanent
18 disfigurement results from burns.
19 (d) 1. If, after the accidental injury has been
20 sustained, the employee as a result thereof becomes partially
21 incapacitated from pursuing his usual and customary line of
22 employment, he shall, except in cases compensated under the
23 specific schedule set forth in paragraph (e) of this Section,
24 receive compensation for the duration of his disability,
25 subject to the limitations as to maximum amounts fixed in
26 paragraph (b) of this Section, equal to 66-2/3% of the
27 difference between the average amount which he would be able
28 to earn in the full performance of his duties in the
29 occupation in which he was engaged at the time of the
30 accident and the average amount which he is earning or is
31 able to earn in some suitable employment or business after
32 the accident.
33 2. If, as a result of the accident, the employee
34 sustains serious and permanent injuries not covered by
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1 paragraphs (c) and (e) of this Section or having sustained
2 injuries covered by the aforesaid paragraphs (c) and (e), he
3 shall have sustained in addition thereto other injuries which
4 injuries do not incapacitate him from pursuing the duties of
5 his employment but which would disable him from pursuing
6 other suitable occupations, or which have otherwise resulted
7 in physical impairment; or if such injuries partially
8 incapacitate him from pursuing the duties of his usual and
9 customary line of employment but do not result in an
10 impairment of earning capacity, or having resulted in an
11 impairment of earning capacity, the employee elects to waive
12 his right to recover under the foregoing subparagraph 1 of
13 paragraph (d) of this Section then in any of the foregoing
14 events, he shall receive in addition to compensation for
15 temporary total disability under paragraph (b) of this
16 Section, compensation at the rate provided in subparagraph
17 2.1 of paragraph (b) of this Section for that percentage of
18 500 weeks that the partial disability resulting from the
19 injuries covered by this paragraph bears to total disability.
20 If the employee shall have sustained a fracture of one or
21 more vertebra or fracture of the skull, the amount of
22 compensation allowed under this Section shall be not less
23 than 6 weeks for a fractured skull and 6 weeks for each
24 fractured vertebra, and in the event the employee shall have
25 sustained a fracture of any of the following facial bones:
26 nasal, lachrymal, vomer, zygoma, maxilla, palatine or
27 mandible, the amount of compensation allowed under this
28 Section shall be not less than 2 weeks for each such
29 fractured bone, and for a fracture of each transverse process
30 not less than 3 weeks. In the event such injuries shall
31 result in the loss of a kidney, spleen or lung, the amount of
32 compensation allowed under this Section shall be not less
33 than 10 weeks for each such organ. Compensation awarded
34 under this subparagraph 2 shall not take into consideration
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1 injuries covered under paragraphs (c) and (e) of this Section
2 and the compensation provided in this paragraph shall not
3 affect the employee's right to compensation payable under
4 paragraphs (b), (c) and (e) of this Section for the
5 disabilities therein covered.
6 (e) For accidental injuries in the following schedule,
7 the employee shall receive compensation for the period of
8 temporary total incapacity for work resulting from such
9 accidental injury, under subparagraph 1 of paragraph (b) of
10 this Section, and shall receive in addition thereto
11 compensation for a further period for the specific loss
12 herein mentioned, but shall not receive any compensation
13 under any other provisions of this Act. The following
14 listed amounts apply to either the loss of or the permanent
15 and complete loss of use of the member specified, such
16 compensation for the length of time as follows:
17 1. Thumb-70 weeks.
18 2. First, or index finger-40 weeks.
19 3. Second, or middle finger-35 weeks.
20 4. Third, or ring finger-25 weeks.
21 5. Fourth, or little finger-20 weeks.
22 6. Great toe-35 weeks.
23 7. Each toe other than great toe-12 weeks.
24 8. The loss of the first or distal phalanx of the
25 thumb or of any finger or toe shall be considered to be
26 equal to the loss of one-half of such thumb, finger or
27 toe and the compensation payable shall be one-half of the
28 amount above specified. The loss of more than one
29 phalanx shall be considered as the loss of the entire
30 thumb, finger or toe. In no case shall the amount
31 received for more than one finger exceed the amount
32 provided in this schedule for the loss of a hand.
33 9. Hand-190 weeks. The loss of 2 or more digits,
34 or one or more phalanges of 2 or more digits, of a hand
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1 may be compensated on the basis of partial loss of use of
2 a hand, provided, further, that the loss of 4 digits, or
3 the loss of use of 4 digits, in the same hand shall
4 constitute the complete loss of a hand.
5 10. Arm-235 weeks. Where an accidental injury
6 results in the amputation of an arm below the elbow, such
7 injury shall be compensated as a loss of an arm. Where
8 an accidental injury results in the amputation of an arm
9 above the elbow, compensation for an additional 15 weeks
10 shall be paid, except where the accidental injury results
11 in the amputation of an arm at the shoulder joint, or so
12 close to shoulder joint that an artificial arm cannot be
13 used, or results in the disarticulation of an arm at the
14 shoulder joint, in which case compensation for an
15 additional 65 weeks shall be paid.
16 11. Foot-155 weeks.
17 12. Leg-200 weeks. Where an accidental injury
18 results in the amputation of a leg below the knee, such
19 injury shall be compensated as loss of a leg. Where an
20 accidental injury results in the amputation of a leg
21 above the knee, compensation for an additional 25 weeks
22 shall be paid, except where the accidental injury results
23 in the amputation of a leg at the hip joint, or so close
24 to the hip joint that an artificial leg cannot be used,
25 or results in the disarticulation of a leg at the hip
26 joint, in which case compensation for an additional 75
27 weeks shall be paid.
28 13. Eye-150 weeks. Where an accidental injury
29 results in the enucleation of an eye, compensation for an
30 additional 10 weeks shall be paid.
31 14. Loss of hearing of one ear-50 weeks; total and
32 permanent loss of hearing of both ears-200 weeks.
33 15. Testicle-50 weeks; both testicles-150 weeks.
34 16. For the permanent partial loss of use of a
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1 member or sight of an eye, or hearing of an ear,
2 compensation during that proportion of the number of
3 weeks in the foregoing schedule provided for the loss of
4 such member or sight of an eye, or hearing of an ear,
5 which the partial loss of use thereof bears to the total
6 loss of use of such member, or sight of eye, or hearing
7 of an ear.
8 (a) Loss of hearing for compensation purposes
9 shall be confined to the frequencies of 1,000, 2,000
10 and 3,000 cycles per second. Loss of hearing ability
11 for frequency tones above 3,000 cycles per second
12 are not to be considered as constituting disability
13 for hearing.
14 (b) The percent of hearing loss, for purposes
15 of the determination of compensation claims for
16 occupational deafness, shall be calculated as the
17 average in decibels for the thresholds of hearing
18 for the frequencies of 1,000, 2,000 and 3,000 cycles
19 per second. Pure tone air conduction audiometric
20 instruments, approved by nationally recognized
21 authorities in this field, shall be used for
22 measuring hearing loss. If the losses of hearing
23 average 30 decibels or less in the 3 frequencies,
24 such losses of hearing shall not then constitute any
25 compensable hearing disability. If the losses of
26 hearing average 85 decibels or more in the 3
27 frequencies, then the same shall constitute and be
28 total or 100% compensable hearing loss.
29 (c) In measuring hearing impairment, the
30 lowest measured losses in each of the 3 frequencies
31 shall be added together and divided by 3 to
32 determine the average decibel loss. For every
33 decibel of loss exceeding 30 decibels an allowance
34 of 1.82% shall be made up to the maximum of 100%
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1 which is reached at 85 decibels.
2 (d) If a hearing loss is established to have
3 existed on July 1, 1975 by audiometric testing the
4 employer shall not be liable for the previous loss
5 so established nor shall he be liable for any loss
6 for which compensation has been paid or awarded.
7 (e) No consideration shall be given to the
8 question of whether or not the ability of an
9 employee to understand speech is improved by the use
10 of a hearing aid.
11 (f) No claim for loss of hearing due to
12 industrial noise shall be brought against an
13 employer or allowed unless the employee has been
14 exposed for a period of time sufficient to cause
15 permanent impairment to noise levels in excess of
16 the following:
17 Sound Level DBA
18 Slow Response Hours Per Day
19 90 8
20 92 6
21 95 4
22 97 3
23 100 2
24 102 1-1/2
25 105 1
26 110 1/2
27 115 1/4
28 This subparagraph (f) shall not be applied in cases
29 of hearing loss resulting from trauma or explosion.
30 17. In computing the compensation to be paid to any
31 employee who, before the accident for which he claims
32 compensation, had before that time sustained an injury
33 resulting in the loss by amputation or partial loss by
34 amputation of any member, including hand, arm, thumb or
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1 fingers, leg, foot or any toes, such loss or partial loss
2 of any such member shall be deducted from any award made
3 for the subsequent injury. For the permanent loss of use
4 or the permanent partial loss of use of any such member
5 or the partial loss of sight of an eye, for which
6 compensation has been paid, then such loss shall be taken
7 into consideration and deducted from any award for the
8 subsequent injury.
9 18. The specific case of loss of both hands, both
10 arms, or both feet, or both legs, or both eyes, or of any
11 two thereof, or the permanent and complete loss of the
12 use thereof, constitutes total and permanent disability,
13 to be compensated according to the compensation fixed by
14 paragraph (f) of this Section. These specific cases of
15 total and permanent disability do not exclude other
16 cases.
17 Any employee who has previously suffered the loss or
18 permanent and complete loss of the use of any of such
19 members, and in a subsequent independent accident loses
20 another or suffers the permanent and complete loss of the
21 use of any one of such members the employer for whom the
22 injured employee is working at the time of the last
23 independent accident is liable to pay compensation only
24 for the loss or permanent and complete loss of the use of
25 the member occasioned by the last independent accident.
26 19. In a case of specific loss and the subsequent
27 death of such injured employee from other causes than
28 such injury leaving a widow, widower, or dependents
29 surviving before payment or payment in full for such
30 injury, then the amount due for such injury is payable to
31 the widow or widower and, if there be no widow or
32 widower, then to such dependents, in the proportion which
33 such dependency bears to total dependency.
34 Beginning July 1, 1980, and every 6 months thereafter,
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1 the Commission shall examine the Second Injury Fund and when,
2 after deducting all advances or loans made to such Fund, the
3 amount therein is $500,000 then the amount required to be
4 paid by employers pursuant to paragraph (f) of Section 7
5 shall be reduced by one-half. When the Second Injury Fund
6 reaches the sum of $600,000 then the payments shall cease
7 entirely. However, when the Second Injury Fund has been
8 reduced to $400,000, payment of one-half of the amounts
9 required by paragraph (f) of Section 7 shall be resumed, in
10 the manner herein provided, and when the Second Injury Fund
11 has been reduced to $300,000, payment of the full amounts
12 required by paragraph (f) of Section 7 shall be resumed, in
13 the manner herein provided. The Commission shall make the
14 changes in payment effective by general order, and the
15 changes in payment become immediately effective for all cases
16 coming before the Commission thereafter either by settlement
17 agreement or final order, irrespective of the date of the
18 accidental injury.
19 On August 1, 1996 and on February 1 and August 1 of each
20 subsequent year, the Commission shall examine the special
21 fund designated as the "Rate Adjustment Fund" and when, after
22 deducting all advances or loans made to said fund, the amount
23 therein is $4,000,000, the amount required to be paid by
24 employers pursuant to paragraph (f) of Section 7 shall be
25 reduced by one-half. When the Rate Adjustment Fund reaches
26 the sum of $5,000,000 the payment therein shall cease
27 entirely. However, when said Rate Adjustment Fund has been
28 reduced to $3,000,000 the amounts required by paragraph (f)
29 of Section 7 shall be resumed in the manner herein provided.
30 (f) In case of complete disability, which renders the
31 employee wholly and permanently incapable of work, or in the
32 specific case of total and permanent disability as provided
33 in subparagraph 18 of paragraph (e) of this Section,
34 compensation shall be payable at the rate provided in
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1 subparagraph 2 of paragraph (b) of this Section for life.
2 An employee entitled to benefits under paragraph (f) of
3 this Section shall also be entitled to receive from the Rate
4 Adjustment Fund provided in paragraph (f) of Section 7 of the
5 supplementary benefits provided in paragraph (g) of this
6 Section 8.
7 If any employee who receives an award under this
8 paragraph afterwards returns to work or is able to do so, and
9 earns or is able to earn as much as before the accident,
10 payments under such award shall cease. If such employee
11 returns to work, or is able to do so, and earns or is able to
12 earn part but not as much as before the accident, such award
13 shall be modified so as to conform to an award under
14 paragraph (d) of this Section. If such award is terminated
15 or reduced under the provisions of this paragraph, such
16 employees have the right at any time within 30 months after
17 the date of such termination or reduction to file petition
18 with the Commission for the purpose of determining whether
19 any disability exists as a result of the original accidental
20 injury and the extent thereof.
21 Disability as enumerated in subdivision 18, paragraph (e)
22 of this Section is considered complete disability.
23 If an employee who had previously incurred loss or the
24 permanent and complete loss of use of one member, through the
25 loss or the permanent and complete loss of the use of one
26 hand, one arm, one foot, one leg, or one eye, incurs
27 permanent and complete disability through the loss or the
28 permanent and complete loss of the use of another member, he
29 shall receive, in addition to the compensation payable by the
30 employer and after such payments have ceased, an amount from
31 the Second Injury Fund provided for in paragraph (f) of
32 Section 7, which, together with the compensation payable from
33 the employer in whose employ he was when the last accidental
34 injury was incurred, will equal the amount payable for
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1 permanent and complete disability as provided in this
2 paragraph of this Section.
3 The custodian of the Second Injury Fund provided for in
4 paragraph (f) of Section 7 shall be joined with the employer
5 as a party respondent in the application for adjustment of
6 claim. The application for adjustment of claim shall state
7 briefly and in general terms the approximate time and place
8 and manner of the loss of the first member.
9 In its award the Commission or the Arbitrator shall
10 specifically find the amount the injured employee shall be
11 weekly paid, the number of weeks compensation which shall be
12 paid by the employer, the date upon which payments begin out
13 of the Second Injury Fund provided for in paragraph (f) of
14 Section 7 of this Act, the length of time the weekly payments
15 continue, the date upon which the pension payments commence
16 and the monthly amount of the payments. The Commission shall
17 30 days after the date upon which payments out of the Second
18 Injury Fund have begun as provided in the award, and every
19 month thereafter, prepare and submit to the State Comptroller
20 a voucher for payment for all compensation accrued to that
21 date at the rate fixed by the Commission. The State
22 Comptroller shall draw a warrant to the injured employee
23 along with a receipt to be executed by the injured employee
24 and returned to the Commission. The endorsed warrant and
25 receipt is a full and complete acquittance to the Commission
26 for the payment out of the Second Injury Fund. No other
27 appropriation or warrant is necessary for payment out of the
28 Second Injury Fund. The Second Injury Fund is appropriated
29 for the purpose of making payments according to the terms of
30 the awards.
31 As of July 1, 1980 to July 1, 1982, all claims against
32 and obligations of the Second Injury Fund shall become claims
33 against and obligations of the Rate Adjustment Fund to the
34 extent there is insufficient money in the Second Injury Fund
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1 to pay such claims and obligations. In that case, all
2 references to "Second Injury Fund" in this Section shall also
3 include the Rate Adjustment Fund.
4 (g) Every award for permanent total disability entered
5 by the Commission on and after July 1, 1965 under which
6 compensation payments shall become due and payable after the
7 effective date of this amendatory Act, and every award for
8 death benefits or permanent total disability entered by the
9 Commission on and after the effective date of this amendatory
10 Act shall be subject to annual adjustments as to the amount
11 of the compensation rate therein provided. Such adjustments
12 shall first be made on July 15, 1977, and all awards made and
13 entered prior to July 1, 1975 and on July 15 of each year
14 thereafter. In all other cases such adjustment shall be made
15 on July 15 of the second year next following the date of the
16 entry of the award and shall further be made on July 15
17 annually thereafter. If during the intervening period from
18 the date of the entry of the award, or the last periodic
19 adjustment, there shall have been an increase in the State's
20 average weekly wage in covered industries under the
21 Unemployment Insurance Act, the weekly compensation rate
22 shall be proportionately increased by the same percentage as
23 the percentage of increase in the State's average weekly wage
24 in covered industries under the Unemployment Insurance Act.
25 The increase in the compensation rate under this paragraph
26 shall in no event bring the total compensation rate to an
27 amount greater than the prevailing maximum rate. Such
28 increase shall be paid in the same manner as herein provided
29 for payments under the Second Injury Fund to the injured
30 employee, or his dependents, as the case may be, out of the
31 Rate Adjustment Fund provided in paragraph (f) of Section 7
32 of this Act. Payments shall be made at the same intervals as
33 provided in the award or, at the option of the Commission,
34 may be made in quarterly payment on the 15th day of January,
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1 April, July and October of each year. In the event of a
2 decrease in such average weekly wage there shall be no change
3 in the then existing compensation rate. The within paragraph
4 shall not apply to cases where there is disputed liability
5 and in which a compromise lump sum settlement between the
6 employer and the injured employee, or his dependents, as the
7 case may be, has been duly approved by the Industrial
8 Commission.
9 Provided, that in cases of awards entered by the
10 Commission for injuries occurring before July 1, 1975, the
11 increases in the compensation rate adjusted under the
12 foregoing provision of this paragraph (g) shall be limited to
13 increases in the State's average weekly wage in covered
14 industries under the Unemployment Insurance Act occurring
15 after July 1, 1975.
16 (h) In case death occurs from any cause before the total
17 compensation to which the employee would have been entitled
18 has been paid, then in case the employee leaves any widow,
19 widower, child, parent (or any grandchild, grandparent or
20 other lineal heir or any collateral heir dependent at the
21 time of the accident upon the earnings of the employee to the
22 extent of 50% or more of total dependency) such compensation
23 shall be paid to the beneficiaries of the deceased employee
24 and distributed as provided in paragraph (g) of Section 7.
25 (h-1) In case an injured employee is under legal
26 disability at the time when any right or privilege accrues to
27 him or her under this Act, a guardian may be appointed
28 pursuant to law, and may, on behalf of such person under
29 legal disability, claim and exercise any such right or
30 privilege with the same effect as if the employee himself or
31 herself had claimed or exercised the right or privilege. No
32 limitations of time provided by this Act run so long as the
33 employee who is under legal disability is without a
34 conservator or guardian.
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1 (i) In case the injured employee is under 16 years of
2 age at the time of the accident and is illegally employed,
3 the amount of compensation payable under paragraphs (b), (c),
4 (d), (e) and (f) of this Section is increased 50%.
5 However, where an employer has on file an employment
6 certificate issued pursuant to the Child Labor Law or work
7 permit issued pursuant to the Federal Fair Labor Standards
8 Act, as amended, or a birth certificate properly and duly
9 issued, such certificate, permit or birth certificate is
10 conclusive evidence as to the age of the injured minor
11 employee for the purposes of this Section.
12 Nothing herein contained repeals or amends the provisions
13 of the Child Labor Law relating to the employment of minors
14 under the age of 16 years.
15 (j) 1. In the event the injured employee receives
16 benefits, including medical, surgical or hospital benefits
17 under any group plan covering non-occupational disabilities
18 contributed to wholly or partially by the employer, which
19 benefits should not have been payable if any rights of
20 recovery existed under this Act, then such amounts so paid to
21 the employee from any such group plan as shall be consistent
22 with, and limited to, the provisions of paragraph 2 hereof,
23 shall be credited to or against any compensation payment for
24 temporary total incapacity for work or any medical, surgical
25 or hospital benefits made or to be made under this Act. In
26 such event, the period of time for giving notice of
27 accidental injury and filing application for adjustment of
28 claim does not commence to run until the termination of such
29 payments. This paragraph does not apply to payments made
30 under any group plan which would have been payable
31 irrespective of an accidental injury under this Act. Any
32 employer receiving such credit shall keep such employee safe
33 and harmless from any and all claims or liabilities that may
34 be made against him by reason of having received such
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1 payments only to the extent of such credit.
2 Any excess benefits paid to or on behalf of a State
3 employee by the State Employees' Retirement System under
4 Article 14 of the Illinois Pension Code on a death claim or
5 disputed disability claim shall be credited against any
6 payments made or to be made by the State of Illinois to or on
7 behalf of such employee under this Act, except for payments
8 for medical expenses which have already been incurred at the
9 time of the award. The State of Illinois shall directly
10 reimburse the State Employees' Retirement System to the
11 extent of such credit.
12 2. Nothing contained in this Act shall be construed to
13 give the employer or the insurance carrier the right to
14 credit for any benefits or payments received by the employee
15 other than compensation payments provided by this Act, and
16 where the employee receives payments other than compensation
17 payments, whether as full or partial salary, group insurance
18 benefits, bonuses, annuities or any other payments, the
19 employer or insurance carrier shall receive credit for each
20 such payment only to the extent of the compensation that
21 would have been payable during the period covered by such
22 payment.
23 3. The extension of time for the filing of an
24 Application for Adjustment of Claim as provided in paragraph
25 1 above shall not apply to those cases where the time for
26 such filing had expired prior to the date on which payments
27 or benefits enumerated herein have been initiated or resumed.
28 Provided however that this paragraph 3 shall apply only to
29 cases wherein the payments or benefits hereinabove enumerated
30 shall be received after July 1, 1969.
31 (Source: P.A. 89-470, eff. 6-13-96.)".