State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]

91_SB0962

 
                                              LRB9100768WHdvA

 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
 
                            -2-               LRB9100768WHdvA
 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.
 
                            -3-               LRB9100768WHdvA
 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
 
                            -4-               LRB9100768WHdvA
 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
 
                            -5-               LRB9100768WHdvA
 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
 
                            -6-               LRB9100768WHdvA
 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
 
                            -7-               LRB9100768WHdvA
 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
 
                            -8-               LRB9100768WHdvA
 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
 
                            -9-               LRB9100768WHdvA
 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
 
                            -10-              LRB9100768WHdvA
 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:
 
                            -11-              LRB9100768WHdvA
 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
 
                            -12-              LRB9100768WHdvA
 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
 
                            -13-              LRB9100768WHdvA
 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
 
                            -14-              LRB9100768WHdvA
 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
 
                            -15-              LRB9100768WHdvA
 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
 
                            -16-              LRB9100768WHdvA
 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
 
                            -17-              LRB9100768WHdvA
 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
 
                            -18-              LRB9100768WHdvA
 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,
 
                            -19-              LRB9100768WHdvA
 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
 
                            -20-              LRB9100768WHdvA
 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
 
                            -21-              LRB9100768WHdvA
 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
 
                            -22-              LRB9100768WHdvA
 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
 
                            -23-              LRB9100768WHdvA
 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
 
                            -24-              LRB9100768WHdvA
 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
 
                            -25-              LRB9100768WHdvA
 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
 
                            -26-              LRB9100768WHdvA
 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
 
                            -27-              LRB9100768WHdvA
 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
 
                            -28-              LRB9100768WHdvA
 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-              LRB9100768WHdvA
 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)
 
                            -30-              LRB9100768WHdvA
 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-              LRB9100768WHdvA
 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-              LRB9100768WHdvA
 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
 
                            -33-              LRB9100768WHdvA
 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-              LRB9100768WHdvA
 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-              LRB9100768WHdvA
 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-              LRB9100768WHdvA
 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
 
                            -37-              LRB9100768WHdvA
 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
 
                            -38-              LRB9100768WHdvA
 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.
 
                            -39-              LRB9100768WHdvA
 1        Section 99. Effective date. This Act takes effect on July
 2    1, 1999.

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