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91_HB2142
LRB9102538WHdv
1 AN ACT in relation to workplace injuries and diseases.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Workers' Compensation Act is amended by
5 changing Sections 8, 16 and 16a and adding Section 8a as
6 follows:
7 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
8 Sec. 8. The amount of compensation which shall be paid
9 to the employee for an accidental injury not resulting in
10 death is set forth in this Section.:
11 (a) The employer shall provide and pay the lesser of the
12 health care provider's actual charges or the usual and
13 customary charges incurred for all the necessary first aid,
14 medical and surgical services, and all necessary medical,
15 surgical and hospital services thereafter incurred, limited,
16 however, to that which is reasonably required to cure or
17 relieve from the effects of the accidental injury. The usual
18 and customary charge is the 90th percentile of the charges
19 for procedures, treatments or services covered under this
20 Act, established pursuant to subsection (a-5). Physicians'
21 charges shall be compensated at actual charges not to exceed
22 the 90th percentile. Charges for procedures or services
23 related to a claim under this Act shall not exceed charges to
24 other non-workers' compensation third party payors for those
25 procedures or services, exclusive of charges pursuant to
26 negotiation, contract, or federal or State laws or
27 regulations. The employer shall also pay for treatment,
28 instruction and training necessary for the physical, mental
29 and vocational rehabilitation of the employee, including all
30 maintenance costs and expenses incidental thereto. If as a
31 result of the injury the employee is unable to be
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1 self-sufficient the employer shall further pay for such
2 maintenance or institutional care as shall be required. In
3 addition to compensation for health care services, the health
4 care providers shall be separately reimbursed by the
5 requesting party for requested records, reports, letters,
6 testimony, or depositions for all reasonable expenses
7 incurred in connection with provision of this information.
8 (1) The employee may at any time elect to secure his own
9 physician, surgeon and hospital services at the employer's
10 expense, or,
11 (2) Upon agreement between the employer and the
12 employees, or the employees' exclusive representative, and
13 subject to the approval of the Industrial Commission, the
14 employer shall maintain a list of physicians, to be known as
15 a Panel of Physicians, who are accessible to the employees.
16 The employer shall post this list in a place or places easily
17 accessible to his employees. The employee shall have the
18 right to make an alternative choice of physician from such
19 Panel if he is not satisfied with the physician first
20 selected. If, due to the nature of the injury or its
21 occurrence away from the employer's place of business, the
22 employee is unable to make a selection from the Panel, the
23 selection process from the Panel shall not apply. The
24 physician selected from the Panel may arrange for any
25 consultation, referral or other specialized medical services
26 outside the Panel at the employer's expense. Provided that,
27 in the event the Commission shall find that a doctor selected
28 by the employee is rendering improper or inadequate care, the
29 Commission may order the employee to select another doctor
30 certified or qualified in the medical field for which
31 treatment is required. If the employee refuses to make such
32 change the Commission may relieve the employer of his
33 obligation to pay the doctor's charges from the date of
34 refusal to the date of compliance.
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1 (3) The Commission shall establish rules for
2 processing payments to health care providers in an
3 expeditious and timely manner including designating the
4 proper payor to be billed for health care benefits
5 related to a claim.
6 (A) Nondisputed health care payments:
7 (i) The employer shall make payments or
8 cause payments to be made to health care
9 providers within 30 days after the receipt by
10 the employer of due proof of loss. For the
11 purpose of this Section, "due proof of loss"
12 consists of a receipt of an itemized bill with
13 a demand for payment and a complete copy of the
14 patient records related to the claim and these
15 charges. Subsequent billings shall provide
16 updated patient records from the date last
17 provided. Nothing in this Act shall prohibit
18 the employer from waiving the requirement that
19 patient record updates shall accompany
20 billings.
21 (ii) If the employer fails, neglects, or
22 refuses, without good and just cause, to pay
23 the health care provider charges within 30
24 days, the employer shall pay interest on the
25 unpaid balance of fees at the annual rate of
26 9%. The interest shall begin to accrue on the
27 31st day following receipt of due proof of loss
28 and shall stop accruing on the day before
29 tender of payment for the amount paid.
30 (B) Disputed health care payments.
31 (i) Any disputes concerning payment for
32 health care provider services shall be resolved
33 in a separate proceeding between the employer
34 and the health care provider with the same
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1 arbitrator handling the underlying claim. This
2 separate proceeding may take place concurrently
3 with any proceeding concerning a claim for
4 benefits under this Act. The employer shall
5 provide the health care provider with
6 reasonable written notice of the specific
7 reasons for non-payment or payment of less than
8 submitted charges. Any dispute shall be
9 resolved in accordance with the rules which
10 shall include, but not be limited to, the
11 employer's obligation to submit this written
12 notice and the health care provider's
13 obligation to provide a written explanation of
14 a billing and affidavit concerning the health
15 care providers charges to other non-workers'
16 compensation third party non-governmental
17 payors. The employee shall have a duty to
18 cooperate in any process or proceeding. The
19 decisions of the Commission shall be final
20 decisions for the purposes of the
21 Administrative Review Law and this Act.
22 (ii) The Commission shall adopt
23 procedural rules for these proceedings which
24 are consistent with current practices under the
25 Act and provide for minimal delay or
26 inconvenience.
27 (C) The employee and any health care providers
28 may but are not required to, be represented by the
29 same attorney. Attorney's fees shall not exceed 20%
30 of the amount of compensation reserved and paid
31 pursuant to Section 16a of this Act.
32 (D) Any fees for health care provider services
33 shall be paid directly to the health care provider.
34 The employee shall not receive payments owed to
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1 health care providers.
2 (E) The provider of any services, treatment,
3 care, instruction, training, or appliances or other
4 tangible things for which an employer is responsible
5 for payment under this subsection (a) is bound by
6 charges or payments ordered by the Industrial
7 Commission. No health care provider may seek payment
8 from the employee if the employer is responsible for
9 payment under this subsection (a).
10 (F) No action shall be commenced or maintained
11 in a court of this State by or on behalf of the
12 above mentioned service providers nor shall those
13 service providers pursue the payment of a bill
14 individually or through the services of a collection
15 agency against an employee for the collection of
16 charges for services incurred for a claim covered
17 under this Act.
18 (4) Every hospital, physician, surgeon or other
19 person rendering treatment or services in accordance with
20 the provisions of this Section shall upon written request
21 furnish full and complete reports thereof to, and permit
22 their records to be copied by, the employer, the employee
23 or his dependents, as the case may be, or any other party
24 to any proceeding for compensation before the Commission,
25 or their attorneys.
26 (5) The Industrial Commission shall determine the
27 usual and customary workers' compensation charges in each
28 geographic area of the State by adopting rules
29 designating a national database which includes health
30 care provider charges information from Illinois with a
31 minimum of 12,000,000 Illinois claims, excluding charges
32 which are discounted by contract, law, or regulation, and
33 makes it available by zip code or any smaller geographic
34 unit in Illinois. The usual and customary charge shall
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1 be the 90th percentile of the charges for procedures,
2 treatments, or services covered under this Act. The usual
3 and customary charges shall be as current as possible
4 with no charge data being older than 24 months and shall
5 be updated at least every 6 months. The data shall in no
6 way identify or tend to identify any patient, employer,
7 or health care provider. Usual and customary charge
8 determinations shall be published electronically by the
9 Industrial Commission every 6 months with the first
10 report by July 1, 2000.
11 (a-5) Notwithstanding the foregoing, the employer's
12 liability to pay for such medical services selected by the
13 employee shall be limited to:
14 (1) all first aid and emergency treatment; plus
15 (2) all medical, surgical and hospital services
16 provided by the physician, surgeon or hospital initially
17 chosen by the employee or by any other physician,
18 consultant, expert, institution or other provider of
19 services recommended by said initial service provider or
20 any subsequent provider of medical services in the chain
21 of referrals from said initial service provider; plus
22 (3) all medical, surgical and hospital services
23 provided by any second physician, surgeon or hospital
24 subsequently chosen by the employee or by any other
25 physician, consultant, expert, institution or other
26 provider of services recommended by said second service
27 provider or any subsequent provider of medical services
28 in the chain of referrals from said second service
29 provider. Thereafter the employer shall select and pay
30 for all necessary medical, surgical and hospital
31 treatment and the employee may not select a provider of
32 medical services at the employer's expense unless the
33 employer agrees to such selection. At any time the
34 employee may obtain any medical treatment he desires at
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1 his own expense. This paragraph shall not affect the duty
2 to pay for rehabilitation referred to above.
3 When an employer and employee so agree in writing,
4 nothing in this Act prevents an employee whose injury or
5 disability has been established under this Act, from relying
6 in good faith, on treatment by prayer or spiritual means
7 alone, in accordance with the tenets and practice of a
8 recognized church or religious denomination, by a duly
9 accredited practitioner thereof, and having nursing services
10 appropriate therewith, without suffering loss or diminution
11 of the compensation benefits under this Act. However, the
12 employee shall submit to all physical examinations required
13 by this Act. The cost of such treatment and nursing care
14 shall be paid by the employee unless the employer agrees to
15 make such payment.
16 Where the accidental injury results in the amputation of
17 an arm, hand, leg or foot, or the enucleation of an eye, or
18 the loss of any of the natural teeth, the employer shall
19 furnish an artificial of any such members lost or damaged in
20 accidental injury arising out of and in the course of
21 employment, and shall also furnish the necessary braces in
22 all proper and necessary cases. In cases of the loss of a
23 member or members by amputation, the employer shall, whenever
24 necessary, maintain in good repair, refit or replace the
25 artificial limbs during the lifetime of the employee. Where
26 the accidental injury accompanied by physical injury results
27 in damage to a denture, eye glasses or contact eye lenses, or
28 where the accidental injury results in damage to an
29 artificial member, the employer shall replace or repair such
30 denture, glasses, lenses, or artificial member.
31 The furnishing by the employer of any such services or
32 appliances is not an admission of liability on the part of
33 the employer to pay compensation.
34 The furnishing of any such services or appliances or the
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1 servicing thereof by the employer is not the payment of
2 compensation.
3 (b) If the period of temporary total incapacity for work
4 lasts more than 3 working days, weekly compensation as
5 hereinafter provided shall be paid beginning on the 4th day
6 of such temporary total incapacity and continuing as long as
7 the total temporary incapacity lasts. In cases where the
8 temporary total incapacity for work continues for a period of
9 14 days or more from the day of the accident compensation
10 shall commence on the day after the accident.
11 1. The compensation rate for temporary total
12 incapacity under this paragraph (b) of this Section shall
13 be equal to 66 2/3% of the employee's average weekly wage
14 computed in accordance with Section 10, provided that it
15 shall be not less than the following amounts in the
16 following cases:
17 $100.90 in case of a single person;
18 $105.50 in case of a married person with no
19 children;
20 $108.30 in case of one child;
21 $113.40 in case of 2 children;
22 $117.40 in case of 3 children;
23 $124.30 in case of 4 or more children;
24 nor exceed the employee's average weekly wage computed in
25 accordance with the provisions of Section 10, whichever
26 is less.
27 2. The compensation rate in all cases other than
28 for temporary total disability under this paragraph (b),
29 and other than for serious and permanent disfigurement
30 under paragraph (c) and other than for permanent partial
31 disability under subparagraph (2) of paragraph (d) or
32 under paragraph (e), of this Section shall be equal to 66
33 2/3% of the employee's average weekly wage computed in
34 accordance with the provisions of Section 10, provided
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1 that it shall be not less than the following amounts in
2 the following cases:
3 $80.90 in case of a single person;
4 $83.20 in case of a married person with no
5 children;
6 $86.10 in case of one child;
7 $88.90 in case of 2 children;
8 $91.80 in case of 3 children;
9 $96.90 in case of 4 or more children;
10 nor exceed the employee's average weekly wage computed in
11 accordance with the provisions of Section 10, whichever
12 is less.
13 2.1. The compensation rate in all cases of serious
14 and permanent disfigurement under paragraph (c) and of
15 permanent partial disability under subparagraph (2) of
16 paragraph (d) or under paragraph (e) of this Section
17 shall be equal to 60% of the employee's average weekly
18 wage computed in accordance with the provisions of
19 Section 10, provided that it shall be not less than the
20 following amounts in the following cases:
21 $80.90 in case of a single person;
22 $83.20 in case of a married person with no
23 children;
24 $86.10 in case of one child;
25 $88.90 in case of 2 children;
26 $91.80 in case of 3 children;
27 $96.90 in case of 4 or more children;
28 nor exceed the employee's average weekly wage computed in
29 accordance with the provisions of Section 10, whichever
30 is less.
31 3. As used in this Section the term "child" means a
32 child of the employee including any child legally adopted
33 before the accident or whom at the time of the accident
34 the employee was under legal obligation to support or to
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1 whom the employee stood in loco parentis, and who at the
2 time of the accident was under 18 years of age and not
3 emancipated. The term "children" means the plural of
4 "child".
5 4. All weekly compensation rates provided under
6 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
7 Section shall be subject to the following limitations:
8 The maximum weekly compensation rate from July 1,
9 1975, except as hereinafter provided, shall be 100% of
10 the State's average weekly wage in covered industries
11 under the Unemployment Insurance Act, that being the wage
12 that most closely approximates the State's average weekly
13 wage.
14 The maximum weekly compensation rate, for the period
15 July 1, 1984, through June 30, 1987, except as
16 hereinafter provided, shall be $293.61. Effective July 1,
17 1987 and on July 1 of each year thereafter the maximum
18 weekly compensation rate, except as hereinafter provided,
19 shall be determined as follows: if during the preceding
20 12 month period there shall have been an increase in the
21 State's average weekly wage in covered industries under
22 the Unemployment Insurance Act, the weekly compensation
23 rate shall be proportionately increased by the same
24 percentage as the percentage of increase in the State's
25 average weekly wage in covered industries under the
26 Unemployment Insurance Act during such period.
27 The maximum weekly compensation rate, for the period
28 January 1, 1981 through December 31, 1983, except as
29 hereinafter provided, shall be 100% of the State's
30 average weekly wage in covered industries under the
31 Unemployment Insurance Act in effect on January 1, 1981.
32 Effective January 1, 1984 and on January 1, of each year
33 thereafter the maximum weekly compensation rate, except
34 as hereinafter provided, shall be determined as follows:
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1 if during the preceding 12 month period there shall have
2 been an increase in the State's average weekly wage in
3 covered industries under the Unemployment Insurance Act,
4 the weekly compensation rate shall be proportionately
5 increased by the same percentage as the percentage of
6 increase in the State's average weekly wage in covered
7 industries under the Unemployment Insurance Act during
8 such period.
9 From July 1, 1977 and thereafter such maximum weekly
10 compensation rate in death cases under Section 7, and
11 permanent total disability cases under paragraph (f) or
12 subparagraph 18 of paragraph (3) of this Section and for
13 temporary total disability under paragraph (b) of this
14 Section and for amputation of a member or enucleation of
15 an eye under paragraph (e) of this Section shall be
16 increased to 133-1/3% of the State's average weekly wage
17 in covered industries under the Unemployment Insurance
18 Act.
19 4.1. Any provision herein to the contrary
20 notwithstanding, the weekly compensation rate for
21 compensation payments under subparagraph 18 of paragraph
22 (e) of this Section and under paragraph (f) of this
23 Section and under paragraph (a) of Section 7, shall in no
24 event be less than 50% of the State's average weekly wage
25 in covered industries under the Unemployment Insurance
26 Act.
27 4.2. Any provision to the contrary notwithstanding,
28 the total compensation payable under Section 7 shall not
29 exceed the greater of $250,000 or 20 years.
30 5. For the purpose of this Section this State's
31 average weekly wage in covered industries under the
32 Unemployment Insurance Act on July 1, 1975 is hereby
33 fixed at $228.16 per week and the computation of
34 compensation rates shall be based on the aforesaid
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1 average weekly wage until modified as hereinafter
2 provided.
3 6. The Department of Employment Security of the
4 State shall on or before the first day of December, 1977,
5 and on or before the first day of June, 1978, and on the
6 first day of each December and June of each year
7 thereafter, publish the State's average weekly wage in
8 covered industries under the Unemployment Insurance Act
9 and the Industrial Commission shall on the 15th day of
10 January, 1978 and on the 15th day of July, 1978 and on
11 the 15th day of each January and July of each year
12 thereafter, post and publish the State's average weekly
13 wage in covered industries under the Unemployment
14 Insurance Act as last determined and published by the
15 Department of Employment Security. The amount when so
16 posted and published shall be conclusive and shall be
17 applicable as the basis of computation of compensation
18 rates until the next posting and publication as
19 aforesaid.
20 7. The payment of compensation by an employer or
21 his insurance carrier to an injured employee shall not
22 constitute an admission of the employer's liability to
23 pay compensation.
24 (c) For any serious and permanent disfigurement to the
25 hand, head, face, neck, arm, leg below the knee or the chest
26 above the axillary line, the employee is entitled to
27 compensation for such disfigurement, the amount determined by
28 agreement at any time or by arbitration under this Act, at a
29 hearing not less than 6 months after the date of the
30 accidental injury, which amount shall not exceed 150 weeks at
31 the applicable rate provided in subparagraph 2.1 of paragraph
32 (b) of this Section.
33 No compensation is payable under this paragraph where
34 compensation is payable under paragraphs (d), (e) or (f) of
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1 this Section.
2 A duly appointed member of a fire department in a city,
3 the population of which exceeds 200,000 according to the last
4 federal or State census, is eligible for compensation under
5 this paragraph only where such serious and permanent
6 disfigurement results from burns.
7 (d) 1. If, after the accidental injury has been
8 sustained, the employee as a result thereof becomes partially
9 incapacitated from pursuing his usual and customary line of
10 employment, he shall, except in cases compensated under the
11 specific schedule set forth in paragraph (e) of this Section,
12 receive compensation for the duration of his disability,
13 subject to the limitations as to maximum amounts fixed in
14 paragraph (b) of this Section, equal to 66-2/3% of the
15 difference between the average amount which he would be able
16 to earn in the full performance of his duties in the
17 occupation in which he was engaged at the time of the
18 accident and the average amount which he is earning or is
19 able to earn in some suitable employment or business after
20 the accident.
21 2. If, as a result of the accident, the employee
22 sustains serious and permanent injuries not covered by
23 paragraphs (c) and (e) of this Section or having sustained
24 injuries covered by the aforesaid paragraphs (c) and (e), he
25 shall have sustained in addition thereto other injuries which
26 injuries do not incapacitate him from pursuing the duties of
27 his employment but which would disable him from pursuing
28 other suitable occupations, or which have otherwise resulted
29 in physical impairment; or if such injuries partially
30 incapacitate him from pursuing the duties of his usual and
31 customary line of employment but do not result in an
32 impairment of earning capacity, or having resulted in an
33 impairment of earning capacity, the employee elects to waive
34 his right to recover under the foregoing subparagraph 1 of
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1 paragraph (d) of this Section then in any of the foregoing
2 events, he shall receive in addition to compensation for
3 temporary total disability under paragraph (b) of this
4 Section, compensation at the rate provided in subparagraph
5 2.1 of paragraph (b) of this Section for that percentage of
6 500 weeks that the partial disability resulting from the
7 injuries covered by this paragraph bears to total disability.
8 If the employee shall have sustained a fracture of one or
9 more vertebra or fracture of the skull, the amount of
10 compensation allowed under this Section shall be not less
11 than 6 weeks for a fractured skull and 6 weeks for each
12 fractured vertebra, and in the event the employee shall have
13 sustained a fracture of any of the following facial bones:
14 nasal, lachrymal, vomer, zygoma, maxilla, palatine or
15 mandible, the amount of compensation allowed under this
16 Section shall be not less than 2 weeks for each such
17 fractured bone, and for a fracture of each transverse process
18 not less than 3 weeks. In the event such injuries shall
19 result in the loss of a kidney, spleen or lung, the amount of
20 compensation allowed under this Section shall be not less
21 than 10 weeks for each such organ. Compensation awarded
22 under this subparagraph 2 shall not take into consideration
23 injuries covered under paragraphs (c) and (e) of this Section
24 and the compensation provided in this paragraph shall not
25 affect the employee's right to compensation payable under
26 paragraphs (b), (c) and (e) of this Section for the
27 disabilities therein covered.
28 (e) For accidental injuries in the following schedule,
29 the employee shall receive compensation for the period of
30 temporary total incapacity for work resulting from such
31 accidental injury, under subparagraph 1 of paragraph (b) of
32 this Section, and shall receive in addition thereto
33 compensation for a further period for the specific loss
34 herein mentioned, but shall not receive any compensation
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1 under any other provisions of this Act. The following
2 listed amounts apply to either the loss of or the permanent
3 and complete loss of use of the member specified, such
4 compensation for the length of time as follows:
5 1. Thumb-70 weeks.
6 2. First, or index finger-40 weeks.
7 3. Second, or middle finger-35 weeks.
8 4. Third, or ring finger-25 weeks.
9 5. Fourth, or little finger-20 weeks.
10 6. Great toe-35 weeks.
11 7. Each toe other than great toe-12 weeks.
12 8. The loss of the first or distal phalanx of the
13 thumb or of any finger or toe shall be considered to be
14 equal to the loss of one-half of such thumb, finger or
15 toe and the compensation payable shall be one-half of the
16 amount above specified. The loss of more than one
17 phalanx shall be considered as the loss of the entire
18 thumb, finger or toe. In no case shall the amount
19 received for more than one finger exceed the amount
20 provided in this schedule for the loss of a hand.
21 9. Hand-190 weeks. The loss of 2 or more digits,
22 or one or more phalanges of 2 or more digits, of a hand
23 may be compensated on the basis of partial loss of use of
24 a hand, provided, further, that the loss of 4 digits, or
25 the loss of use of 4 digits, in the same hand shall
26 constitute the complete loss of a hand.
27 10. Arm-235 weeks. Where an accidental injury
28 results in the amputation of an arm below the elbow, such
29 injury shall be compensated as a loss of an arm. Where
30 an accidental injury results in the amputation of an arm
31 above the elbow, compensation for an additional 15 weeks
32 shall be paid, except where the accidental injury results
33 in the amputation of an arm at the shoulder joint, or so
34 close to shoulder joint that an artificial arm cannot be
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1 used, or results in the disarticulation of an arm at the
2 shoulder joint, in which case compensation for an
3 additional 65 weeks shall be paid.
4 11. Foot-155 weeks.
5 12. Leg-200 weeks. Where an accidental injury
6 results in the amputation of a leg below the knee, such
7 injury shall be compensated as loss of a leg. Where an
8 accidental injury results in the amputation of a leg
9 above the knee, compensation for an additional 25 weeks
10 shall be paid, except where the accidental injury results
11 in the amputation of a leg at the hip joint, or so close
12 to the hip joint that an artificial leg cannot be used,
13 or results in the disarticulation of a leg at the hip
14 joint, in which case compensation for an additional 75
15 weeks shall be paid.
16 13. Eye-150 weeks. Where an accidental injury
17 results in the enucleation of an eye, compensation for an
18 additional 10 weeks shall be paid.
19 14. Loss of hearing of one ear-50 weeks; total and
20 permanent loss of hearing of both ears-200 weeks.
21 15. Testicle-50 weeks; both testicles-150 weeks.
22 16. For the permanent partial loss of use of a
23 member or sight of an eye, or hearing of an ear,
24 compensation during that proportion of the number of
25 weeks in the foregoing schedule provided for the loss of
26 such member or sight of an eye, or hearing of an ear,
27 which the partial loss of use thereof bears to the total
28 loss of use of such member, or sight of eye, or hearing
29 of an ear.
30 (a) Loss of hearing for compensation purposes
31 shall be confined to the frequencies of 1,000, 2,000
32 and 3,000 cycles per second. Loss of hearing ability
33 for frequency tones above 3,000 cycles per second
34 are not to be considered as constituting disability
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1 for hearing.
2 (b) The percent of hearing loss, for purposes
3 of the determination of compensation claims for
4 occupational deafness, shall be calculated as the
5 average in decibels for the thresholds of hearing
6 for the frequencies of 1,000, 2,000 and 3,000 cycles
7 per second. Pure tone air conduction audiometric
8 instruments, approved by nationally recognized
9 authorities in this field, shall be used for
10 measuring hearing loss. If the losses of hearing
11 average 30 decibels or less in the 3 frequencies,
12 such losses of hearing shall not then constitute any
13 compensable hearing disability. If the losses of
14 hearing average 85 decibels or more in the 3
15 frequencies, then the same shall constitute and be
16 total or 100% compensable hearing loss.
17 (c) In measuring hearing impairment, the
18 lowest measured losses in each of the 3 frequencies
19 shall be added together and divided by 3 to
20 determine the average decibel loss. For every
21 decibel of loss exceeding 30 decibels an allowance
22 of 1.82% shall be made up to the maximum of 100%
23 which is reached at 85 decibels.
24 (d) If a hearing loss is established to have
25 existed on July 1, 1975 by audiometric testing the
26 employer shall not be liable for the previous loss
27 so established nor shall he be liable for any loss
28 for which compensation has been paid or awarded.
29 (e) No consideration shall be given to the
30 question of whether or not the ability of an
31 employee to understand speech is improved by the use
32 of a hearing aid.
33 (f) No claim for loss of hearing due to
34 industrial noise shall be brought against an
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1 employer or allowed unless the employee has been
2 exposed for a period of time sufficient to cause
3 permanent impairment to noise levels in excess of
4 the following:
5 Sound Level DBA
6 Slow Response Hours Per Day
7 90 8
8 92 6
9 95 4
10 97 3
11 100 2
12 102 1-1/2
13 105 1
14 110 1/2
15 115 1/4
16 This subparagraph (f) shall not be applied in cases
17 of hearing loss resulting from trauma or explosion.
18 17. In computing the compensation to be paid to any
19 employee who, before the accident for which he claims
20 compensation, had before that time sustained an injury
21 resulting in the loss by amputation or partial loss by
22 amputation of any member, including hand, arm, thumb or
23 fingers, leg, foot or any toes, such loss or partial loss
24 of any such member shall be deducted from any award made
25 for the subsequent injury. For the permanent loss of use
26 or the permanent partial loss of use of any such member
27 or the partial loss of sight of an eye, for which
28 compensation has been paid, then such loss shall be taken
29 into consideration and deducted from any award for the
30 subsequent injury.
31 18. The specific case of loss of both hands, both
32 arms, or both feet, or both legs, or both eyes, or of any
33 two thereof, or the permanent and complete loss of the
34 use thereof, constitutes total and permanent disability,
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1 to be compensated according to the compensation fixed by
2 paragraph (f) of this Section. These specific cases of
3 total and permanent disability do not exclude other
4 cases.
5 Any employee who has previously suffered the loss or
6 permanent and complete loss of the use of any of such
7 members, and in a subsequent independent accident loses
8 another or suffers the permanent and complete loss of the
9 use of any one of such members the employer for whom the
10 injured employee is working at the time of the last
11 independent accident is liable to pay compensation only
12 for the loss or permanent and complete loss of the use of
13 the member occasioned by the last independent accident.
14 19. In a case of specific loss and the subsequent
15 death of such injured employee from other causes than
16 such injury leaving a widow, widower, or dependents
17 surviving before payment or payment in full for such
18 injury, then the amount due for such injury is payable to
19 the widow or widower and, if there be no widow or
20 widower, then to such dependents, in the proportion which
21 such dependency bears to total dependency.
22 Beginning July 1, 1980, and every 6 months thereafter,
23 the Commission shall examine the Second Injury Fund and when,
24 after deducting all advances or loans made to such Fund, the
25 amount therein is $500,000 then the amount required to be
26 paid by employers pursuant to paragraph (f) of Section 7
27 shall be reduced by one-half. When the Second Injury Fund
28 reaches the sum of $600,000 then the payments shall cease
29 entirely. However, when the Second Injury Fund has been
30 reduced to $400,000, payment of one-half of the amounts
31 required by paragraph (f) of Section 7 shall be resumed, in
32 the manner herein provided, and when the Second Injury Fund
33 has been reduced to $300,000, payment of the full amounts
34 required by paragraph (f) of Section 7 shall be resumed, in
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1 the manner herein provided. The Commission shall make the
2 changes in payment effective by general order, and the
3 changes in payment become immediately effective for all cases
4 coming before the Commission thereafter either by settlement
5 agreement or final order, irrespective of the date of the
6 accidental injury.
7 On August 1, 1996 and on February 1 and August 1 of each
8 subsequent year, the Commission shall examine the special
9 fund designated as the "Rate Adjustment Fund" and when, after
10 deducting all advances or loans made to said fund, the amount
11 therein is $4,000,000, the amount required to be paid by
12 employers pursuant to paragraph (f) of Section 7 shall be
13 reduced by one-half. When the Rate Adjustment Fund reaches
14 the sum of $5,000,000 the payment therein shall cease
15 entirely. However, when said Rate Adjustment Fund has been
16 reduced to $3,000,000 the amounts required by paragraph (f)
17 of Section 7 shall be resumed in the manner herein provided.
18 (f) In case of complete disability, which renders the
19 employee wholly and permanently incapable of work, or in the
20 specific case of total and permanent disability as provided
21 in subparagraph 18 of paragraph (e) of this Section,
22 compensation shall be payable at the rate provided in
23 subparagraph 2 of paragraph (b) of this Section for life.
24 An employee entitled to benefits under paragraph (f) of
25 this Section shall also be entitled to receive from the Rate
26 Adjustment Fund provided in paragraph (f) of Section 7 of the
27 supplementary benefits provided in paragraph (g) of this
28 Section 8.
29 If any employee who receives an award under this
30 paragraph afterwards returns to work or is able to do so, and
31 earns or is able to earn as much as before the accident,
32 payments under such award shall cease. If such employee
33 returns to work, or is able to do so, and earns or is able to
34 earn part but not as much as before the accident, such award
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1 shall be modified so as to conform to an award under
2 paragraph (d) of this Section. If such award is terminated
3 or reduced under the provisions of this paragraph, such
4 employees have the right at any time within 30 months after
5 the date of such termination or reduction to file petition
6 with the Commission for the purpose of determining whether
7 any disability exists as a result of the original accidental
8 injury and the extent thereof.
9 Disability as enumerated in subdivision 18, paragraph (e)
10 of this Section is considered complete disability.
11 If an employee who had previously incurred loss or the
12 permanent and complete loss of use of one member, through the
13 loss or the permanent and complete loss of the use of one
14 hand, one arm, one foot, one leg, or one eye, incurs
15 permanent and complete disability through the loss or the
16 permanent and complete loss of the use of another member, he
17 shall receive, in addition to the compensation payable by the
18 employer and after such payments have ceased, an amount from
19 the Second Injury Fund provided for in paragraph (f) of
20 Section 7, which, together with the compensation payable from
21 the employer in whose employ he was when the last accidental
22 injury was incurred, will equal the amount payable for
23 permanent and complete disability as provided in this
24 paragraph of this Section.
25 The custodian of the Second Injury Fund provided for in
26 paragraph (f) of Section 7 shall be joined with the employer
27 as a party respondent in the application for adjustment of
28 claim. The application for adjustment of claim shall state
29 briefly and in general terms the approximate time and place
30 and manner of the loss of the first member.
31 In its award the Commission or the Arbitrator shall
32 specifically find the amount the injured employee shall be
33 weekly paid, the number of weeks compensation which shall be
34 paid by the employer, the date upon which payments begin out
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1 of the Second Injury Fund provided for in paragraph (f) of
2 Section 7 of this Act, the length of time the weekly payments
3 continue, the date upon which the pension payments commence
4 and the monthly amount of the payments. The Commission shall
5 30 days after the date upon which payments out of the Second
6 Injury Fund have begun as provided in the award, and every
7 month thereafter, prepare and submit to the State Comptroller
8 a voucher for payment for all compensation accrued to that
9 date at the rate fixed by the Commission. The State
10 Comptroller shall draw a warrant to the injured employee
11 along with a receipt to be executed by the injured employee
12 and returned to the Commission. The endorsed warrant and
13 receipt is a full and complete acquittance to the Commission
14 for the payment out of the Second Injury Fund. No other
15 appropriation or warrant is necessary for payment out of the
16 Second Injury Fund. The Second Injury Fund is appropriated
17 for the purpose of making payments according to the terms of
18 the awards.
19 As of July 1, 1980 to July 1, 1982, all claims against
20 and obligations of the Second Injury Fund shall become claims
21 against and obligations of the Rate Adjustment Fund to the
22 extent there is insufficient money in the Second Injury Fund
23 to pay such claims and obligations. In that case, all
24 references to "Second Injury Fund" in this Section shall also
25 include the Rate Adjustment Fund.
26 (g) Every award for permanent total disability entered
27 by the Commission on and after July 1, 1965 under which
28 compensation payments shall become due and payable after the
29 effective date of this amendatory Act, and every award for
30 death benefits or permanent total disability entered by the
31 Commission on and after the effective date of this amendatory
32 Act shall be subject to annual adjustments as to the amount
33 of the compensation rate therein provided. Such adjustments
34 shall first be made on July 15, 1977, and all awards made and
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1 entered prior to July 1, 1975 and on July 15 of each year
2 thereafter. In all other cases such adjustment shall be made
3 on July 15 of the second year next following the date of the
4 entry of the award and shall further be made on July 15
5 annually thereafter. If during the intervening period from
6 the date of the entry of the award, or the last periodic
7 adjustment, there shall have been an increase in the State's
8 average weekly wage in covered industries under the
9 Unemployment Insurance Act, the weekly compensation rate
10 shall be proportionately increased by the same percentage as
11 the percentage of increase in the State's average weekly wage
12 in covered industries under the Unemployment Insurance Act.
13 The increase in the compensation rate under this paragraph
14 shall in no event bring the total compensation rate to an
15 amount greater than the prevailing maximum rate. Such
16 increase shall be paid in the same manner as herein provided
17 for payments under the Second Injury Fund to the injured
18 employee, or his dependents, as the case may be, out of the
19 Rate Adjustment Fund provided in paragraph (f) of Section 7
20 of this Act. Payments shall be made at the same intervals as
21 provided in the award or, at the option of the Commission,
22 may be made in quarterly payment on the 15th day of January,
23 April, July and October of each year. In the event of a
24 decrease in such average weekly wage there shall be no change
25 in the then existing compensation rate. The within paragraph
26 shall not apply to cases where there is disputed liability
27 and in which a compromise lump sum settlement between the
28 employer and the injured employee, or his dependents, as the
29 case may be, has been duly approved by the Industrial
30 Commission.
31 Provided, that in cases of awards entered by the
32 Commission for injuries occurring before July 1, 1975, the
33 increases in the compensation rate adjusted under the
34 foregoing provision of this paragraph (g) shall be limited to
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1 increases in the State's average weekly wage in covered
2 industries under the Unemployment Insurance Act occurring
3 after July 1, 1975.
4 (h) In case death occurs from any cause before the total
5 compensation to which the employee would have been entitled
6 has been paid, then in case the employee leaves any widow,
7 widower, child, parent (or any grandchild, grandparent or
8 other lineal heir or any collateral heir dependent at the
9 time of the accident upon the earnings of the employee to the
10 extent of 50% or more of total dependency) such compensation
11 shall be paid to the beneficiaries of the deceased employee
12 and distributed as provided in paragraph (g) of Section 7.
13 (h-1) In case an injured employee is under legal
14 disability at the time when any right or privilege accrues to
15 him or her under this Act, a guardian may be appointed
16 pursuant to law, and may, on behalf of such person under
17 legal disability, claim and exercise any such right or
18 privilege with the same effect as if the employee himself or
19 herself had claimed or exercised the right or privilege. No
20 limitations of time provided by this Act run so long as the
21 employee who is under legal disability is without a
22 conservator or guardian.
23 (i) In case the injured employee is under 16 years of
24 age at the time of the accident and is illegally employed,
25 the amount of compensation payable under paragraphs (b), (c),
26 (d), (e) and (f) of this Section is increased 50%.
27 However, where an employer has on file an employment
28 certificate issued pursuant to the Child Labor Law or work
29 permit issued pursuant to the Federal Fair Labor Standards
30 Act, as amended, or a birth certificate properly and duly
31 issued, such certificate, permit or birth certificate is
32 conclusive evidence as to the age of the injured minor
33 employee for the purposes of this Section.
34 Nothing herein contained repeals or amends the provisions
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1 of the Child Labor Law relating to the employment of minors
2 under the age of 16 years.
3 (j) 1. In the event the injured employee receives
4 benefits, including medical, surgical or hospital benefits
5 under any group plan covering non-occupational disabilities
6 contributed to wholly or partially by the employer, which
7 benefits should not have been payable if any rights of
8 recovery existed under this Act, then such amounts so paid to
9 the employee from any such group plan as shall be consistent
10 with, and limited to, the provisions of paragraph 2 hereof,
11 shall be credited to or against any compensation payment for
12 temporary total incapacity for work or any medical, surgical
13 or hospital benefits made or to be made under this Act. In
14 such event, the period of time for giving notice of
15 accidental injury and filing application for adjustment of
16 claim does not commence to run until the termination of such
17 payments. This paragraph does not apply to payments made
18 under any group plan which would have been payable
19 irrespective of an accidental injury under this Act. Any
20 employer receiving such credit shall keep such employee safe
21 and harmless from any and all claims or liabilities that may
22 be made against him by reason of having received such
23 payments only to the extent of such credit.
24 Any excess benefits paid to or on behalf of a State
25 employee by the State Employees' Retirement System under
26 Article 14 of the Illinois Pension Code on a death claim or
27 disputed disability claim shall be credited against any
28 payments made or to be made by the State of Illinois to or on
29 behalf of such employee under this Act, except for payments
30 for medical expenses which have already been incurred at the
31 time of the award. The State of Illinois shall directly
32 reimburse the State Employees' Retirement System to the
33 extent of such credit.
34 2. Nothing contained in this Act shall be construed to
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1 give the employer or the insurance carrier the right to
2 credit for any benefits or payments received by the employee
3 other than compensation payments provided by this Act, and
4 where the employee receives payments other than compensation
5 payments, whether as full or partial salary, group insurance
6 benefits, bonuses, annuities or any other payments, the
7 employer or insurance carrier shall receive credit for each
8 such payment only to the extent of the compensation that
9 would have been payable during the period covered by such
10 payment.
11 3. The extension of time for the filing of an
12 Application for Adjustment of Claim as provided in paragraph
13 1 above shall not apply to those cases where the time for
14 such filing had expired prior to the date on which payments
15 or benefits enumerated herein have been initiated or resumed.
16 Provided however that this paragraph 3 shall apply only to
17 cases wherein the payments or benefits hereinabove enumerated
18 shall be received after July 1, 1969.
19 (Source: P.A. 89-470, eff. 6-13-96.)
20 (820 ILCS 305/8a new)
21 Sec. 8a. Reports and repealer. The Industrial Commission
22 shall report in writing to the Governor and the Illinois
23 General Assembly on the 31st day of December, annually,
24 beginning one year after the effective date of this
25 amendatory Act of 1999, the details and results of
26 implementation of this amendatory Act of 1999 sufficient to
27 determine its effectiveness in maintaining the availability
28 of quality health care services for injured employees. This
29 Section is repealed 5 years after the effective date of this
30 amendatory Act of 1999.
31 (820 ILCS 305/16) (from Ch. 48, par. 138.16)
32 Sec. 16. The Commission shall make and publish
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1 procedural rules and orders for carrying out the duties
2 imposed upon it by law and for determining the extent of
3 disability sustained, which rules and orders shall be deemed
4 prima facie reasonable and valid.
5 The process and procedure before the Commission shall be
6 as simple and summary as reasonably may be.
7 The Commission upon application of either party may issue
8 dedimus potestatem directed to a commissioner, notary public,
9 justice of the peace or any other officer authorized by law
10 to administer oaths, to take the depositions of such witness
11 or witnesses as may be necessary in the judgment of such
12 applicant. Such dedimus potestatem may issue to any of the
13 officers aforesaid in any state or territory of the United
14 States. When the deposition of any witness resident of a
15 foreign country is desired to be taken, the dedimus shall be
16 directed to and the deposition taken before a consul, vice
17 consul or other authorized representative of the government
18 of the United States of America, whose station is in the
19 country where the witness whose deposition is to be taken
20 resides. In countries where the government of the United
21 States has no consul or other diplomatic representative, then
22 depositions in such case shall be taken through the
23 appropriate judicial authority of that country; or where
24 treaties provide for other methods of taking depositions,
25 then the same may be taken as in such treaties provided. The
26 Commission shall have the power to adopt necessary rules to
27 govern the issue of such dedimus potestatem.
28 The Commission, or any member thereof, or any Arbitrator
29 designated by the Commission shall have the power to
30 administer oaths, subpoena and examine witnesses; to issue
31 subpoenas duces tecum, requiring the production of such
32 books, papers, records and documents as may be evidence of
33 any matter under inquiry and to examine and inspect the same
34 and such places or premises as may relate to the question in
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1 dispute. The Commission, or any member thereof, or any
2 Arbitrator designated by the Commission, shall on written
3 request of either party to the dispute, issue subpoenas for
4 the attendance of such witnesses and production of such
5 books, papers, records and documents as shall be designated
6 in the applications, and the parties applying for such
7 subpoena shall advance the officer and witness fees provided
8 for in civil actions pending in circuit courts of this State,
9 except as otherwise provided by Section 20 of this Act.
10 Service of such subpoena shall be made by any sheriff or
11 other person. In case any person refuses to comply with an
12 order of the Commission or subpoenas issued by it or by any
13 member thereof, or any Arbitrator designated by the
14 Commission or to permit an inspection of places or premises,
15 or to produce any books, papers, records or documents, or any
16 witness refuses to testify to any matters regarding which he
17 or she may be lawfully interrogated, the Circuit Court of the
18 county in which the hearing or matter is pending, on
19 application of any member of the Commission or any Arbitrator
20 designated by the Commission, shall compel obedience by
21 attachment proceedings, as for contempt, as in a case of
22 disobedience of the requirements of a subpoena from such
23 court on a refusal to testify therein.
24 The records kept by a hospital, certified to as true and
25 correct by the superintendent or other officer in charge,
26 showing the medical and surgical treatment given an injured
27 employee in such hospital, shall be admissible without any
28 further proof as evidence of the medical and surgical matters
29 stated therein, but shall not be conclusive proof of such
30 matters.
31 The Commission at its expense shall provide an official
32 court reporter to take the testimony and record of
33 proceedings at the hearings before an Arbitrator or the
34 Commission, who shall furnish a transcript of such testimony
-29- LRB9102538WHdv
1 or proceedings to either party requesting it, upon payment
2 therefor at the rate of $1.00 per page for the original and
3 35 cents per page for each copy of such transcript. Payment
4 for photostatic copies of exhibits shall be extra. If the
5 Commission has determined, as provided in Section 20 of this
6 Act, that the employee is a poor person, a transcript of such
7 testimony and proceedings, including photostatic copies of
8 exhibits, shall be furnished to such employee at the
9 Commission's expense.
10 In accordance with the provisions of subsection (a) of
11 Section 8 of the Act and subdivision (a)(3) of Section 8 of
12 this Act, the Commission shall have the power to determine
13 the reasonableness and fix the amount of any fee of
14 compensation charged by any person, including attorneys,
15 physicians, surgeons and hospitals, for any service performed
16 in connection with this Act, or for which payment is to be
17 made under this Act or rendered in securing any right under
18 this Act.
19 Whenever the Commission shall find that the employer, his
20 or her agent, service company or insurance carrier has been
21 guilty of delay or unfairness towards an employee in the
22 adjustment, settlement or payment of benefits due such
23 employee within the purview of the provisions of paragraph
24 (c) of Section 4 of this Act; or has been guilty of
25 unreasonable or vexatious delay, intentional under-payment of
26 compensation benefits, or has engaged in frivolous defenses
27 which do not present a real controversy, within the purview
28 of the provisions of paragraph (k) of Section 19 of this Act,
29 the Commission may assess all or any part of the attorney's
30 fees and costs against such employer and his or her insurance
31 carrier.
32 (Source: P.A. 86-998.)
33 (820 ILCS 305/16a) (from Ch. 48, par. 138.16a)
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1 Sec. 16a. (A) In the establishment or approval of
2 attorney's fees in relation to claims brought under this Act,
3 the Commission shall be guided by the provisions of this
4 Section and by the legislative intent, hereby declared, to
5 encourage settlement and prompt administrative handling of
6 such claims and thereby reduce expenses to claimants for
7 compensation under this Act.
8 (B) With respect to any and all proceedings in
9 connection with any initial or original claim under this Act,
10 no claim of any attorney for services rendered in connection
11 with the securing of compensation for an employee or his
12 dependents and also resolving any disputed health care
13 provider charges and medical expenses, whether secured by
14 agreement, order, award or a judgment in any court shall
15 exceed 20% of the amount of compensation recovered and paid,
16 unless further fees shall be allowed to the attorney upon a
17 hearing by the Commission fixing fees, and subject to the
18 other provisions of this Section. However, except as
19 hereinafter provided in this Section, in death cases, total
20 disability cases and partial disability cases, the amount of
21 an attorney's fees shall not exceed 20% of the sum which
22 would be due under this Act for 364 weeks of permanent total
23 disability based upon the employee's average gross weekly
24 wage prior to the date of the accident and subject to the
25 maximum weekly benefits provided in this Act unless further
26 fees shall be allowed to the attorney upon a hearing by the
27 Commission fixing fees.
28 (B-5) With respect to any and all proceedings in
29 connection with any disputed health care provider charges and
30 medical expenses associated with any initial or original
31 claim under this Act, no claim of any attorney for services
32 rendered in connection with the securing of compensation for
33 any health care provider, whether secured by agreement,
34 order, award, or a judgment in any court, shall exceed 20% of
-31- LRB9102538WHdv
1 the amount of compensation recovered and paid to any health
2 care provider. These fees shall be fixed pursuant to a
3 written contract in accordance with subsection (C) of this
4 Section.
5 (C) All attorneys' fees in connection with the initial
6 or original claim for compensation shall be fixed pursuant to
7 a written contract on forms prescribed by the Commission
8 between the attorney and the employee or his dependents, and
9 every attorney, whether the disposition of the original claim
10 is by agreement, settlement, award, judgment or otherwise,
11 shall file his contract with the Chairman of the Commission
12 who shall approve the contract only if it is in accordance
13 with all provisions of this Section.
14 (D) No attorneys' fees shall be charged with respect to
15 compensation for undisputed medical expenses.
16 (E) No attorneys' fees shall be charged in connection
17 with any temporary total disability compensation unless the
18 payment of such compensation in a timely manner or in the
19 proper amount is refused, or unless such compensation is
20 terminated by the employer and the payment of such
21 compensation is obtained or reinstated by the efforts of the
22 attorney, whether by agreement, settlement, award or
23 judgment.
24 (F) In the following cases in which there is no dispute
25 between the parties as to the liability of the respondent to
26 pay compensation in a timely manner or in the proper amount
27 and there is no dispute that the accident has resulted in:
28 (1) the death of the employee; or
29 (2) a statutory permanent disability; or
30 (3) the amputation of a finger, toe, or member; or
31 (4) the removal of a testicle; or
32 (5) the enucleation of or 100% loss of vision of an eye;
33 the legal fees, if any, for services rendered are to be fixed
34 by the Industrial Commission at a nominal amount, not
-32- LRB9102538WHdv
1 exceeding $100.
2 (G) In the following cases in which there is no dispute
3 between the parties as to the liability of the respondent to
4 pay compensation and there is no dispute that the accident
5 has resulted in:
6 (1) a fracture of one or more vertebrae; or
7 (2) a skull fracture; or
8 (3) a fracture of one or more spinous or transverse
9 processes; or
10 (4) a fracture of one or more facial bones; or
11 (5) the removal of a kidney, spleen or lung;
12 the legal fees, if any, for services rendered are to be fixed
13 by the Industrial Commission at a nominal amount, not
14 exceeding $100, provided that the employee is awarded the
15 minimum amount for the above injuries as specified in Section
16 8(d)2.
17 (H) With regard to any claim where the amount to be paid
18 for compensation does not exceed the written offer made to
19 the claimant or claimants by the employer or his agent prior
20 to representation by an attorney, no fees shall be paid to
21 any such attorney.
22 (I) All attorneys' fees for representation of an
23 employee or his dependents shall be only recoverable from
24 compensation actually paid to such employee or dependents.
25 (J) Any and all disputes regarding attorneys' fees,
26 whether such disputes relate to which one or more attorneys
27 represents the claimant or claimants or is entitled to the
28 attorneys' fees, or a division of attorneys' fees where the
29 claimant or claimants are or have been represented by more
30 than one attorney, or any other disputes concerning
31 attorneys' fees or contracts for attorneys' fees, shall be
32 heard and determined by the Commission after reasonable
33 notice to all interested parties and attorneys.
34 (K) After reasonable notice and hearing before the
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1 Commission, any attorney found to be in violation of any
2 provision of this Section shall be required to make
3 restitution of any excess fees charged plus interest at a
4 reasonable rate as determined by the Commission.
5 (Source: P.A. 84-1438.)
6 Section 15. The Workers' Occupational Diseases Act is
7 amended by changing Sections 16 and 16a and adding Section
8 16b as follows:
9 (820 ILCS 310/16) (from Ch. 48, par. 172.51)
10 Sec. 16. The Commission shall make and publish procedural
11 rules and orders for carrying out the duties imposed upon it
12 by law, which rules and orders shall be deemed prima facie
13 reasonable and valid.
14 The process and procedure before the Commission shall be
15 as simple and summary as reasonably may be.
16 The Commission upon application of either party may issue
17 a dedimus potestatem directed to a commissioner, notary
18 public, magistrate, justice of the peace or any other officer
19 authorized by law to administer oaths, to take the
20 depositions of such witness or witnesses as may be necessary
21 in the judgment of such applicant. Such dedimus potestatem
22 may issue to any of the officers aforesaid in any state or
23 territory of the United States. When the deposition of any
24 witness resident of a foreign country is desired to be taken,
25 the dedimus shall be directed to and the deposition taken
26 before a consul, vice consul or other authorized
27 representative of the government of the United States of
28 America, whose station is in the country where the witness
29 whose deposition is to be taken resides. In countries where
30 the government of the United States has no consul or other
31 diplomatic representative, then depositions in such case
32 shall be taken through the appropriate judicial authority of
-34- LRB9102538WHdv
1 that country; or where treaties provide for other methods of
2 taking depositions, then the same may be taken as in such
3 treaties provided. The Commission shall have the power to
4 adopt necessary rules to govern the issue of such dedimus
5 potestatem.
6 The Commission, or any member thereof, or any Arbitrator
7 designated by said 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. Said Commission or any member thereof, or any
14 Arbitrator designated by said 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 said applications, providing however, that the parties
19 applying for such subpoena shall advance the officer and
20 witness fees provided for in suits pending in the Circuit
21 Court. Service of such subpoena shall be made by any sheriff
22 or other person. In case any person refuses to comply with
23 an order of the Commission or subpoenas issued by it or by
24 any member thereof, or any Arbitrator designated by said
25 Commission or to permit an inspection of places or premises,
26 or to produce any books, papers, records or documents, or any
27 witness refuses to testify to any matters regarding which he
28 may be lawfully interrogated, the Circuit Court for the
29 county in which said hearing or matter is pending, on
30 application of any member of the Commission or any Arbitrator
31 designated by the Commission, shall compel obedience by
32 attachment proceedings, as for contempt, as in a case of
33 disobedience of the requirements of a subpoena from such
34 court on a refusal to testify therein.
-35- LRB9102538WHdv
1 The records kept by a hospital, certified to as true and
2 correct by the superintendent or other officer in charge,
3 showing the medical and surgical treatment given an injured
4 employee in such hospital, shall be admissible without any
5 further proof as evidence of the medical and surgical matters
6 stated therein, but shall not be conclusive proof of such
7 matters.
8 The Commission at its expense shall provide an official
9 court reporter to take the testimony and record of
10 proceedings at the hearings before an Arbitrator or the
11 Commission, who shall furnish a transcript of such testimony
12 or proceedings to either party requesting it, upon payment to
13 him therefor at the rate of $1.00 per page for the original
14 and 35 cents per page for each copy of such transcript.
15 Payment for photostatic copies of exhibits shall be extra.
16 If the Commission has determined, as provided in Section 19.5
17 of this Act, that the employee is a poor person, a transcript
18 of such testimony and proceedings, including photostatic
19 copies of exhibits, shall be furnished to such employee at
20 the Commission's expense.
21 In accordance with subsection (a) of Section 8 of the
22 Workers' Compensation Act and subdivision (a)(3) of Section 8
23 of the Workers' Compensation Act, the Commission shall have
24 the power to determine the reasonableness and fix the amount
25 of any fee of compensation charged by any person, including
26 attorneys, physicians, surgeons and hospitals, for any
27 service performed in connection with this Act, or for which
28 payment is to be made under this Act or rendered in securing
29 any right under this Act.
30 Whenever the Commission shall find that the employer, his
31 agent, service company or insurance carrier has been guilty
32 of delay or unfairness towards an employee in the adjustment,
33 settlement or payment of benefits due such employee or has
34 been guilty of unreasonable or vexatious delay, intentional
-36- LRB9102538WHdv
1 under-payment of compensation benefits, or has engaged in
2 frivolous defenses which do not present a real controversy,
3 the Commission may assess all or any part of the attorney's
4 fees and costs against such employer and his insurance
5 carrier.
6 (Source: P.A. 86-998; 87-895.)
7 (820 ILCS 310/16a) (from Ch. 48, par. 172.51a)
8 Sec. 16a. (A) In the establishment or approval of
9 attorney's fees in relation to claims brought under this Act,
10 the Commission shall be guided by the provisions of this
11 Section and by the legislative intent, hereby declared, to
12 encourage settlement and prompt administrative handling of
13 such claims and thereby reduce expenses to claimants for
14 compensation under this Act.
15 (B) With respect to any and all proceedings in
16 connection with any initial or original claim under this Act,
17 no claim of any attorney for services rendered in connection
18 with the securing of compensation for an employee or his
19 dependents and also resolving any disputed health care
20 provider charges and medical expenses, whether secured by
21 agreement, order, award or a judgment in any court shall
22 exceed 20% of the amount of compensation recovered and paid,
23 unless further fees shall be allowed to the attorney upon a
24 hearing by the Commission fixing fees and subject to the
25 other provisions of this Section. However, except as
26 hereinafter provided in this Section, in death cases, total
27 disability cases and partial disability cases, the amount of
28 an attorney's fees shall not exceed 20% of the sum which
29 would be due under the Workers' Compensation Act for 364
30 weeks of permanent total disability based upon the employee's
31 average gross weekly wage prior to the date of the accident
32 and subject to the maximum weekly benefits provided in this
33 Act unless further fees shall be allowed to the attorney upon
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1 a hearing by the Commission fixing fees.
2 (B-5) With respect to any and all proceedings in
3 connection with any disputed health care provider charges and
4 medical expenses associated with any initial or original
5 claim under this Act, no claim of any attorney for services
6 rendered in connection with the securing of compensation for
7 any health care provider, whether secured by agreement,
8 order, award, or a judgment in any court, shall exceed 20% of
9 the amount of compensation recovered and paid to any health
10 care provider. These fees shall be fixed pursuant to written
11 contract in accordance with subsection (C) of this Section.
12 (C) All attorneys' fees in connection with the initial
13 or original claim for compensation shall be fixed pursuant to
14 a written contract on forms prescribed by the Commission
15 between the attorney and the employee or his dependents, and
16 every attorney, whether the disposition of the original claim
17 is by agreement, settlement, award, judgment or otherwise,
18 shall file his contract with the Chairman of the Commission
19 who shall approve the contract only if it is in accordance
20 with all provisions of this Section.
21 (D) No attorneys' fees shall be charged with respect to
22 compensation for undisputed medical expenses.
23 (E) No attorneys' fees shall be charged in connection
24 with any temporary total disability compensation unless the
25 payment of such compensation in a timely manner or in the
26 proper amount is refused, or unless such compensation is
27 terminated by the employer and the payment of such
28 compensation is obtained or reinstated by the efforts of the
29 attorney, whether by agreement, settlement, award or
30 judgment.
31 (F) With regard to any claim where the amount to be paid
32 for compensation does not exceed the written offer made to
33 the claimant or claimants by the employer or his agent prior
34 to representation by an attorney, no fees shall be paid to
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1 any such attorney.
2 (G) All attorneys' fees for representation of an
3 employee or his dependents shall be only recoverable from
4 compensation actually paid to such employee or dependents.
5 (H) Any and all disputes regarding attorneys' fees,
6 whether such disputes relate to which one or more attorneys
7 represents the claimant or claimants or is entitled to the
8 attorneys' fees, or a division of attorneys' fees where the
9 claimant or claimants are or have been represented by more
10 than one attorney, or any other disputes concerning
11 attorneys' fees or contracts for attorneys' fees, shall be
12 heard and determined by the Commission after reasonable
13 notice to all interested parties and attorneys.
14 (I) After reasonable notice and hearing before the
15 Commission, any attorney found to be in violation of any
16 provision of this Section shall be required to make
17 restitution of any excess fees charged, plus interest at a
18 reasonable rate as determined by the Commission.
19 (Source: P.A. 81-1482.)
20 (820 ILCS 310/16b new)
21 Sec. 16b. Reports and repealer. The Industrial Commission
22 shall report in writing to the Governor and the Illinois
23 General Assembly on the 31st day of December, annually,
24 beginning one year after the effective date of this
25 amendatory Act of 1999, the details and results of
26 implementation of this amendatory Act of 1999 sufficient to
27 determine its effectiveness in maintaining the availability
28 of quality health care services for injured employees. This
29 Section is repealed 5 years after the effective date of this
30 amendatory Act of 1999.
31 Section 95. Severability. The provisions of this Act are
32 severable under Section 1.31 of the Statute on Statutes.
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1 Section 99. Effective date. This Act takes effect on July
2 1, 1999.