State of Illinois
92nd General Assembly
Legislation

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92_SB0717

 
                                               LRB9203394WHcs

 1        AN ACT concerning workers' compensation.

 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 7 and 8 as follows:

 6        (820 ILCS 305/7) (from Ch. 48, par. 138.7)
 7        Sec.  7.  The  amount of compensation which shall be paid
 8    for an accidental injury to the employee resulting  in  death
 9    is:
10        (a)  If  the  employee leaves surviving a widow, widower,
11    child or children, the applicable  weekly  compensation  rate
12    computed  in accordance with subparagraph 2 of paragraph  (b)
13    of Section 8, shall be payable during the life of  the  widow
14    or  widower  and if any surviving child or children shall not
15    be physically or mentally incapacitated then until the  death
16    of  the  widow  or  widower or until the youngest child shall
17    reach the age of 18, whichever  shall  come  later;  provided
18    that  if  such  child or children shall be enrolled as a full
19    time student in any accredited educational  institution,  the
20    payments shall continue until such child has attained the age
21    of 25.  In the event any surviving child or children shall be
22    physically  or  mentally  incapacitated,  the  payments shall
23    continue for the duration of such incapacity.
24        The term "child" means a child whom the deceased employee
25    left surviving, including a posthumous child, a child legally
26    adopted, a child  whom  the  deceased  employee  was  legally
27    obligated to support or a child to whom the deceased employee
28    stood in loco parentis.  The term "children" means the plural
29    of "child".
30        The  term  "physically or mentally incapacitated child or
31    children" means a child or children incapable of engaging  in
 
                            -2-                LRB9203394WHcs
 1    regular and substantial gainful employment.
 2        In  the  event  of  the remarriage of a widow or widower,
 3    where the decedent did  not  leave  surviving  any  child  or
 4    children who, at the time of such remarriage, are entitled to
 5    compensation  benefits  under  this Act, the surviving spouse
 6    shall be paid a  lump  sum  equal  to  2  years  compensation
 7    benefits  and  all  further  rights  of such widow or widower
 8    shall be extinguished.
 9        If the employee leaves surviving any  child  or  children
10    under  18  years  of  age  who  at the time of death shall be
11    entitled to compensation under this  paragraph  (a)  of  this
12    Section, the weekly compensation payments herein provided for
13    such  child  or  children  shall  in any event continue for a
14    period of not less than 6 years.
15        Any  beneficiary  entitled  to  compensation  under  this
16    paragraph (a) of this Section shall receive from the  special
17    fund  provided  in paragraph (f) of this Section, in addition
18    to the compensation herein provided, supplemental benefits in
19    accordance with paragraph (g) of Section 8.
20        (b)  If no compensation is payable under paragraph (a) of
21    this Section and the employee leaves surviving  a  parent  or
22    parents  who  at  the  time  of  the  accident  were  totally
23    dependent  upon  the  earnings  of  the  employee then weekly
24    payments equal to the compensation rate payable in  the  case
25    where the employee leaves surviving a widow or widower, shall
26    be  paid  to such parent or parents for the duration of their
27    lives, and in the event of the death of either, for the  life
28    of the survivor.
29        (c)  If  no  compensation is payable under paragraphs (a)
30    or (b) of this Section and the employee leaves surviving  any
31    child  or children who are not entitled to compensation under
32    the foregoing paragraph (a)  but  who  at  the  time  of  the
33    accident  were  nevertheless in any manner dependent upon the
34    earnings of the employee, or leaves  surviving  a  parent  or
 
                            -3-                LRB9203394WHcs
 1    parents  who  at  the  time  of  the  accident were partially
 2    dependent upon the earnings of the employee, then there shall
 3    be paid to such dependent or dependents for  a  period  of  8
 4    years  weekly compensation payments at such proportion of the
 5    applicable rate if the employee had left surviving a widow or
 6    widower as such dependency bears to total dependency.  In the
 7    event of the death of any such beneficiary the share of  such
 8    beneficiary  shall  be  divided  equally  among the surviving
 9    beneficiaries  and in the event of the death of the last such
10    beneficiary all the rights  under  this  paragraph  shall  be
11    extinguished.
12        (d)  If  no compensation is payable under paragraphs (a),
13    (b) or (c) of this Section and the employee leaves  surviving
14    any grandparent, grandparents, grandchild or grandchildren or
15    collateral  heirs  dependent  upon the employee's earnings to
16    the extent of 50% or more of  total  dependency,  then  there
17    shall be paid to such dependent or dependents for a period of
18    5  years  weekly  compensation payments at such proportion of
19    the applicable rate if the  employee  had  left  surviving  a
20    widow   or   widower   as  such  dependency  bears  to  total
21    dependency.   In  the  event  of  the  death  of   any   such
22    beneficiary  the  share  of such beneficiary shall be divided
23    equally among the surviving beneficiaries and in the event of
24    the death of the last such beneficiary all  rights  hereunder
25    shall be extinguished.
26        (e)  The  compensation  to  be paid for accidental injury
27    which results in death, as provided in this Section, shall be
28    paid to the persons who form the basis  for  determining  the
29    amount  of  compensation  to  be  paid  by  the employer, the
30    respective shares to be in the proportion of their respective
31    dependency at the time of the accident on the earnings of the
32    deceased.  The Commission or an Arbitrator  thereof  may,  in
33    its  or  his  discretion,  order  or award the payment to the
34    parent or grandparent of a child for the latter's support the
 
                            -4-                LRB9203394WHcs
 1    amount of compensation which but  for  such  order  or  award
 2    would  have  been  paid  to  such  child  as its share of the
 3    compensation payable, which order or award  may  be  modified
 4    from  time  to  time by the Commission in its discretion with
 5    respect to the person to whom shall be paid the amount of the
 6    order  or  award  remaining  unpaid  at  the  time   of   the
 7    modification.
 8        The   payments   of   compensation  by  the  employer  in
 9    accordance  with  the  order  or  award  of  the   Commission
10    discharges  such  employer  from all further obligation as to
11    such compensation.
12        (f)  The sum of $4200 for burial expenses shall  be  paid
13    by  the  employer  to  the widow or widower, other dependent,
14    next of kin or to the person or persons incurring the expense
15    of burial.
16        In the event the employer  failed  to  provide  necessary
17    first  aid,  medical,  surgical or hospital service, he shall
18    pay the cost thereof to the person  or  persons  entitled  to
19    compensation  under  paragraphs  (a), (b), (c) or (d) of this
20    Section, or to the person or persons incurring the obligation
21    therefore, or providing the same.
22        On January 15 and July 15, 1981, and on  January  15  and
23    July  15  of each year thereafter the Commission shall assess
24    all employers in the aggregate a total employer shall  within
25    60  days  pay  a  sum  equal to 1/8 of 1% of all compensation
26    payments made by employers him after  July  1,  1980,  either
27    under  this  Act  or  the Workers' Occupational Diseases Act,
28    whether  by  lump  sum  settlement  or  weekly   compensation
29    payments,   but   not   including   hospital,   surgical   or
30    rehabilitation  payments,  made during the first 6 months and
31    during the second 6 months respectively of  the  fiscal  year
32    next  preceding the date of the payments, into a special fund
33    which shall be designated the "Second Injury Fund", of  which
34    the  State  Treasurer  is  ex-officio custodian, such special
 
                            -5-                LRB9203394WHcs
 1    fund to be held and disbursed for  the  purposes  hereinafter
 2    stated  in  paragraphs  (f) and (g) of Section 8, either upon
 3    the order of the Commission or of a  competent  court.   Said
 4    special  fund  shall be deposited the same as are State funds
 5    and any interest accruing  thereon  shall  be  added  thereto
 6    every  6  months.   It  is subject to audit the same as State
 7    funds and accounts and is protected by the General bond given
 8    by the State Treasurer.  It is considered always appropriated
 9    for the purposes of disbursements as provided in  Section  8,
10    paragraph  (f),  of  this  Act,  and  shall  be  paid out and
11    disbursed as therein provided and shall not at  any  time  be
12    appropriated or diverted to any other use or purpose.
13        The  assessment  for  the  Second  Injury  Fund  shall be
14    allocated  between   self-insured   employers   and   insured
15    employers  based  on  compensation payments for the preceding
16    fiscal year,  as  provided  in  this  Section.   Compensation
17    payments  shall  include  all payments made either under this
18    Act or the Workers' Occupational  Diseases  Act,  whether  by
19    lump  sum settlement or weekly compensation payments, but not
20    including hospital,  surgical,  or  rehabilitation  payments.
21    The method of assessing self-insured employers shall be based
22    on  compensation  payments.   The method of assessing insured
23    employers shall be a surcharge based on premium as set  forth
24    in this Section.
25        The  portion  of the total aggregate amount that shall be
26    collected from self-insured employers shall be a sum equal to
27    that proportion of the total compensation  payments  for  the
28    preceding  fiscal  year which the total compensation payments
29    of all self-insured employers bore to the total  compensation
30    payments  made  by  all  self-insured  employers  and insured
31    employers during the preceding fiscal year.  The  portion  of
32    the  total  aggregate  amount  that  shall  be collected from
33    insured employers shall be a sum equal to that proportion  of
34    the total compensation payments for the preceding fiscal year
 
                            -6-                LRB9203394WHcs
 1    which  the  total  compensation  payments  on  behalf  of all
 2    insured employers bore to  the  total  compensation  payments
 3    made  by  all  self-insured  employers  and insured employers
 4    during the preceding fiscal year.  An employer who has ceased
 5    to be a self-insurer shall continue  to  be  liable  for  any
 6    assessments  based  on  compensation  payments  made  by  the
 7    employer in the preceding fiscal year.
 8        Insurers   shall  collect  such  assessments  from  their
 9    policyholders  through  a   surcharge   based   on   premium.
10    Assessments when collected shall not constitute an element of
11    loss  for  the  purpose  of  establishing  rates for workers'
12    compensation insurance, but, for the purpose  of  collection,
13    shall  be  treated  as  separate  costs  imposed upon insured
14    employers.  The premium surcharge shall be excluded from  the
15    definition of premium for all purposes, including computation
16    of agents' commissions or premium taxes, provided, an insurer
17    may  cancel a workers' compensation policy for non-payment of
18    the premium surcharge.
19        Assessments  on  self-insured   employers   and   insured
20    employers  shall  be  sent  on January 15 and July 15 of each
21    year after the effective date of this amendatory Act  of  the
22    92nd  General  Assembly.  Self-insured employers shall report
23    and remit payment and insurers shall report and remit premium
24    surcharges 60 days after the assessment.
25        On January 15, 1991, the employer shall further pay a sum
26    equal to one half of 1% of all compensation payments made  by
27    him  from  January 1, 1990 through June 30, 1990 either under
28    this Act or under the  Workers'  Occupational  Diseases  Act,
29    whether   by  lump  sum  settlement  or  weekly  compensation
30    payments,   but   not   including   hospital,   surgical   or
31    rehabilitation payments,  into  an  additional  Special  Fund
32    which  shall  be designated as the "Rate Adjustment Fund". On
33    March  15,  1991,  the  employer  shall  pay  into  the  Rate
34    Adjustment Fund a sum equal to one half of  1%  of  all  such
 
                            -7-                LRB9203394WHcs
 1    compensation payments made from July 1, 1990 through December
 2    31,  1990.   Within 60 days after July 15, 1991, the employer
 3    shall pay into the Rate Adjustment Fund a sum  equal  to  one
 4    half  of  1%  of  all  such  compensation  payments made from
 5    January 1, 1991 through June 30, 1991.  Within 60 days  after
 6    January 15 of 1992 and each subsequent year through 1996, the
 7    employer  shall pay into the Rate Adjustment Fund a sum equal
 8    to one half of 1% of all such compensation payments  made  in
 9    the  last 6 months of the preceding calendar year.  Within 60
10    days after July 15 of 1992 and each subsequent  year  through
11    1995,  the employer shall pay into the Rate Adjustment Fund a
12    sum equal to one half of 1% of all such compensation payments
13    made in the first 6 months of the same calendar year.  Within
14    60  days  after  January 15 of 1997 and each subsequent year,
15    the employer shall pay into the Rate Adjustment  Fund  a  sum
16    equal  to  three-fourths  of  1%  of  all  such  compensation
17    payments  made in the last 6 months of the preceding calendar
18    year.   Within 60  days  after  July  15  of  1996  and  each
19    subsequent  year,  the  employer  shall  pay  into  the  Rate
20    Adjustment  Fund  a  sum  equal to three-fourths of 1% of all
21    such compensation payments made in the first 6 months of  the
22    same  calendar  year.  On January 15 and July 15 of each year
23    following the effective date of this amendatory  Act  of  the
24    92nd  General  Assembly,  the  Commission  shall  assess  all
25    employers   in   the   aggregate    a   total  sum  equal  to
26    three-fourths of 1% of all such compensation payments made in
27    the  first  6  months  of  the  same  calendar  year  by  all
28    employers. Self-insured  employers  shall  report  and  remit
29    payment   and   insurers   shall  report  and  remit  premium
30    surcharges 60 days after the assessment. The  assessment  for
31    the   Rate   Adjustment   Fund  shall  be  allocated  between
32    self-insured  employers  and  insured  employers   based   on
33    compensation  payments  for  the  preceding  fiscal  year, as
34    provided  in  this  Section.   Compensation  payments   shall
 
                            -8-                LRB9203394WHcs
 1    include  all  payments  made  either  under  this  Act or the
 2    Workers' Occupational  Diseases  Act,  whether  by  lump  sum
 3    settlement or weekly compensation payments, but not including
 4    hospital,  surgical,  or rehabilitation payments.  The method
 5    of  assessing  self-insured  employers  shall  be  based   on
 6    compensation  payments.   The  method  of  assessing  insured
 7    employers  shall be a surcharge based on premium as set forth
 8    in this Section.
 9        The portion of the total aggregate amount that  shall  be
10    collected from self-insured employers shall be a sum equal to
11    that  proportion  of  the total compensation payments for the
12    preceding fiscal year which the total  compensation  payments
13    of  all self-insured employers bore to the total compensation
14    payments made  by  all  self-insured  employers  and  insured
15    employers  during  the preceding fiscal year.  The portion of
16    the total aggregate  amount  that  shall  be  collected  from
17    insured  employers shall be a sum equal to that proportion of
18    the total compensation payments for the preceding fiscal year
19    which the  total  compensation  payments  on  behalf  of  all
20    insured  employers  bore  to  the total compensation payments
21    made by all  self-insured  employers  and  insured  employers
22    during the preceding fiscal year.  An employer who has ceased
23    to  be  a  self-insurer  shall  continue to be liable for any
24    assessments  based  on  compensation  payments  made  by  the
25    employer in the preceding fiscal year.
26        Insurers  shall  collect  such  assessments  from   their
27    policyholders   through   a   surcharge   based  on  premium.
28    Assessments when collected shall not constitute an element of
29    loss for the  purpose  of  establishing  rates  for  workers'
30    compensation  insurance,  but, for the purpose of collection,
31    shall be treated  as  separate  costs  imposed  upon  insured
32    employers.   The premium surcharge shall be excluded from the
33    definition of premium for all purposes, including computation
34    of agents' commissions or premium taxes, provided, an insurer
 
                            -9-                LRB9203394WHcs
 1    may cancel a workers' compensation policy for non-payment  of
 2    the premium surcharge. The administrative costs of collecting
 3    assessments from employers for the Rate Adjustment Fund shall
 4    be  paid  from  the  Rate  Adjustment  Fund.   The cost of an
 5    actuarial audit of the Fund  shall  be  paid  from  the  Rate
 6    Adjustment  Fund  and  the  audit shall be completed no later
 7    than  July  1,  1997.  The  State  Treasurer  is  ex  officio
 8    custodian of such Special Fund and the same shall be held and
 9    disbursed for the purposes hereinafter stated  in  paragraphs
10    (f)  and (g) of Section 8 upon the order of the Commission or
11    of a competent court.  The  Rate  Adjustment  Fund  shall  be
12    deposited  the  same  as  are  State  funds  and any interest
13    accruing thereon shall be added thereto every 6  months.   It
14    shall  be  subject  to  audit  the  same  as  State funds and
15    accounts and shall be protected by the general bond given  by
16    the  State  Treasurer.   It is considered always appropriated
17    for the purposes of disbursements as provided  in  paragraphs
18    (f)  and  (g)  of Section 8 of this Act and shall be paid out
19    and disbursed as therein provided and shall not at  any  time
20    be  appropriated  or  diverted  to  any other use or purpose.
21    Within 5 days after the effective date of this amendatory Act
22    of 1990,  the  Comptroller  and  the  State  Treasurer  shall
23    transfer $1,000,000 from the General Revenue Fund to the Rate
24    Adjustment  Fund.   By February 15, 1991, the Comptroller and
25    the State Treasurer shall transfer $1,000,000 from  the  Rate
26    Adjustment  Fund  to  the  General  Revenue  Fund.  From  the
27    effective  date  of this amendatory Act of 1993 to October 1,
28    1997, the Comptroller and Treasurer are  authorized  to  make
29    transfers  at  the  request  of the Chairman up to a total of
30    $7,000,000 from the Second Injury Fund, the  General  Revenue
31    Fund, and the Workers' Compensation Benefit Trust Fund to the
32    Rate Adjustment Fund to the extent that there is insufficient
33    money   in  the  Rate  Adjustment  Fund  to  pay  claims  and
34    obligations.  Amounts may be  transferred  from  the  General
 
                            -10-               LRB9203394WHcs
 1    Revenue  Fund  only if the funds in the Second Injury Fund or
 2    the Workers' Compensation Benefit Trust Fund are insufficient
 3    to pay claims and obligations of the  Rate  Adjustment  Fund.
 4    All  amounts  transferred  from  the  Second Injury Fund, the
 5    General Revenue Fund, and the Workers'  Compensation  Benefit
 6    Trust  Fund  shall  be  repaid  from the Rate Adjustment Fund
 7    within 270 days of a transfer, together with interest at  the
 8    rate  earned  by  moneys on deposit in the Fund or Funds from
 9    which the moneys were transferred.
10        Upon a finding by the Commission, after reasonable notice
11    and hearing, that any employer has  willfully  and  knowingly
12    failed  to pay the proper amounts into the Second Injury Fund
13    or the Rate Adjustment Fund required by this  Section  or  if
14    such payments are not made within the time periods prescribed
15    by  this  Section,  the  employer  shall, in addition to such
16    payments, pay a penalty of 20% of the amount required  to  be
17    paid  or  $2,500, whichever is greater, for each year or part
18    thereof of such failure to pay.    This  penalty  shall  only
19    apply to obligations of an employer to the Second Injury Fund
20    or the Rate Adjustment Fund accruing after the effective date
21    of this amendatory Act of 1989. All or part of such a penalty
22    may be waived by the Commission for good cause shown.
23        Any  obligations of an employer to the Second Injury Fund
24    and Rate Adjustment Fund accruing prior to the effective date
25    of this amendatory Act of 1989 shall be paid in full by  such
26    employer  within  5  years  of  the  effective  date  of this
27    amendatory Act of 1989,  with  at  least  one-fifth  of  such
28    obligation   to  be  paid  during  each  year  following  the
29    effective date of  this  amendatory  Act  of  1989.   If  the
30    Commission  finds,  following  reasonable notice and hearing,
31    that an employer has failed to make  timely  payment  of  any
32    obligation   accruing   under  the  preceding  sentence,  the
33    employer shall, in addition to all other payments required by
34    this Section, be liable for a penalty equal  to  20%  of  the
 
                            -11-               LRB9203394WHcs
 1    overdue  obligation or $2,500, whichever is greater, for each
 2    year or part thereof that obligation is overdue. All or  part
 3    of  such  a  penalty may be waived by the Commission for good
 4    cause shown.
 5        The  Chairman  of  the   Industrial   Commission   shall,
 6    annually,  furnish  to  the  Director  of  the  Department of
 7    Insurance a list of the amounts paid into the  Second  Injury
 8    Fund  and  the Rate Adjustment Fund by each insurance company
 9    on behalf of their  insured  employers.  The  Director  shall
10    verify  to  the  Chairman  that  the  amounts  paid  by  each
11    insurance  company  are  accurate as best as the Director can
12    determine from the records available  to  the  Director.  The
13    Chairman   shall   verify  that  the  amounts  paid  by  each
14    self-insurer  are  accurate  as  best  as  the  Chairman  can
15    determine  from  records  available  to  the  Chairman.   The
16    Chairman may require each self-insurer to provide information
17    concerning the total compensation payments  made  upon  which
18    contributions   to  the  Second  Injury  Fund  and  the  Rate
19    Adjustment Fund are predicated and any additional information
20    establishing that such payments have  been  made  into  these
21    funds.  Any deficiencies in payments noted by the Director or
22    Chairman shall be subject to the penalty provisions  of  this
23    Act.
24        The    State    Treasurer,   or   his   duly   authorized
25    representative, shall be named as a party to all  proceedings
26    in  all  cases  involving  claim  for  the  loss  of,  or the
27    permanent and complete loss of the use of one eye, one  foot,
28    one leg, one arm or one hand.
29        The  State  Treasurer  or his duly authorized agent shall
30    have the same rights as any other party  to  the  proceeding,
31    including the right to petition for review of any award.  The
32    reasonable   expenses   of   litigation,   such   as  medical
33    examinations, testimony, and transcript of evidence, incurred
34    by the State Treasurer or his duly authorized representative,
 
                            -12-               LRB9203394WHcs
 1    shall be borne by the Second Injury Fund.
 2        If the award is not paid within 30 days  after  the  date
 3    the  award  has become final, the Commission shall proceed to
 4    take judgment thereon in its own  name  as  is  provided  for
 5    other  awards  by paragraph (g) of Section 19 of this Act and
 6    take the necessary steps to collect the award.
 7        Any person, corporation or organization who has  paid  or
 8    become  liable  for  the  payment  of  burial expenses of the
 9    deceased employee may  in  his  or  its  own  name  institute
10    proceedings before the Commission for the collection thereof.
11        For   the   purpose   of   administration,  receipts  and
12    disbursements, the Special Fund provided for in paragraph (f)
13    of this  Section  shall  be  administered  jointly  with  the
14    Special  Fund provided for in Section 7, paragraph (f) of the
15    Workers' Occupational Diseases Act.
16        (g)  All  compensation,  except   for   burial   expenses
17    provided  in this Section to be paid in case accident results
18    in  death,  shall  be  paid  in  installments  equal  to  the
19    percentage of the average earnings as provided for in Section
20    8, paragraph (b) of this Act, at the same intervals at  which
21    the wages or earnings of the employees were paid.  If this is
22    not  feasible,  then  the  installments shall be paid weekly.
23    Such compensation may be paid in a lump sum upon petition  as
24    provided  in  Section 9 of this Act.  However, in addition to
25    the  benefits  provided  by  Section  9  of  this  Act  where
26    compensation for death is payable to  the  deceased's  widow,
27    widower  or  to the deceased's widow, widower and one or more
28    children, and where a partial lump sum is applied for by such
29    beneficiary or  beneficiaries  within  18  months  after  the
30    deceased's  death,  the  Commission  may,  in its discretion,
31    grant a partial lump sum of not to exceed 100  weeks  of  the
32    compensation  capitalized  at  their  present  value upon the
33    basis of interest calculated at  3%  per  annum  with  annual
34    rests,  upon  a showing that such partial lump sum is for the
 
                            -13-               LRB9203394WHcs
 1    best interest of such beneficiary or beneficiaries.
 2        (h)  In case the injured employee is under  16  years  of
 3    age  at  the  time of the accident and is illegally employed,
 4    the amount of compensation payable under paragraphs (a), (b),
 5    (c), (d) and (f) of this Section shall be increased 50%.
 6        Nothing herein contained repeals or amends the provisions
 7    of the Child Labor Law relating to the employment  of  minors
 8    under the age of 16 years.
 9        However,  where  an  employer  has  on file an employment
10    certificate issued pursuant to the Child Labor  Law  or  work
11    permit  issued  pursuant  to the Federal Fair Labor Standards
12    Act, as amended, or a birth  certificate  properly  and  duly
13    issued,  such  certificate,  permit  or  birth certificate is
14    conclusive evidence as  to  the  age  of  the  injured  minor
15    employee for the purposes of this Section only.
16        (i)  Whenever  the  dependents of a deceased employee are
17    aliens not residing in the United States, Mexico  or  Canada,
18    the   amount  of  compensation  payable  is  limited  to  the
19    beneficiaries described in paragraphs (a),  (b)  and  (c)  of
20    this  Section  and  is  50%  of  the compensation provided in
21    paragraphs (a), (b)  and  (c)  of  this  Section,  except  as
22    otherwise provided by treaty.
23        In  a case where any of the persons who would be entitled
24    to compensation is living at any place outside of the  United
25    States,   then   payment   shall  be  made  to  the  personal
26    representative of the deceased employee.  The distribution by
27    such personal representative to the persons entitled shall be
28    made to such persons and in such  manner  as  the  Commission
29    orders.
30    (Source: P.A. 88-672, eff. 12-14-94; 89-470, eff. 6-13-96.)

31        (820 ILCS 305/8) (from Ch. 48, par. 138.8)
32        Sec.  8.  The  amount of compensation which shall be paid
33    to the employee for an accidental  injury  not  resulting  in
 
                            -14-               LRB9203394WHcs
 1    death is:
 2        (a)  The  employer  shall  provide  and  pay  for all the
 3    necessary first aid, medical and surgical services,  and  all
 4    necessary  medical, surgical and hospital services thereafter
 5    incurred, limited,  however,  to  that  which  is  reasonably
 6    required   to  cure  or  relieve  from  the  effects  of  the
 7    accidental injury. The employer shall also pay for treatment,
 8    instruction and training necessary for the  physical,  mental
 9    and  vocational rehabilitation of the employee, including all
10    maintenance costs and expenses incidental thereto.  If  as  a
11    result   of   the   injury  the  employee  is  unable  to  be
12    self-sufficient the  employer  shall  further  pay  for  such
13    maintenance or institutional care as shall be required.
14        The  employee  may  at  any  time elect to secure his own
15    physician, surgeon and hospital services  at  the  employer's
16    expense, or,
17        Upon agreement between the employer and the employees, or
18    the  employees'  exclusive representative, and subject to the
19    approval of the Industrial  Commission,  the  employer  shall
20    maintain  a  list  of  physicians,  to be known as a Panel of
21    Physicians, who are accessible to the employees. The employer
22    shall post this list in a place or places  easily  accessible
23    to  his employees.  The employee shall have the right to make
24    an alternative choice of physician from such Panel if  he  is
25    not  satisfied with the physician first selected.  If, due to
26    the nature of the injury or  its  occurrence  away  from  the
27    employer's  place of business, the employee is unable to make
28    a selection from the Panel, the selection  process  from  the
29    Panel shall not apply.  The physician selected from the Panel
30    may   arrange   for   any  consultation,  referral  or  other
31    specialized  medical  services  outside  the  Panel  at   the
32    employer's   expense.   Provided   that,  in  the  event  the
33    Commission shall find that a doctor selected by the  employee
34    is  rendering improper or inadequate care, the Commission may
 
                            -15-               LRB9203394WHcs
 1    order the employee to  select  another  doctor  certified  or
 2    qualified  in  the  medical  field  for  which  treatment  is
 3    required.   If  the  employee refuses to make such change the
 4    Commission may relieve the employer of his obligation to  pay
 5    the  doctor's charges from the date of refusal to the date of
 6    compliance.
 7        Every  hospital,  physician,  surgeon  or  other   person
 8    rendering  treatment  or  services  in  accordance  with  the
 9    provisions of this Section shall upon written request furnish
10    full  and  complete  reports  thereof  to,  and  permit their
11    records to be copied by, the employer, the  employee  or  his
12    dependents,  as  the  case  may be, or any other party to any
13    proceeding for compensation before the Commission,  or  their
14    attorneys.
15        Notwithstanding  the  foregoing, the employer's liability
16    to pay for such medical services  selected  by  the  employee
17    shall be limited to:
18             (1)  all first aid and emergency treatment; plus
19             (2)  all  medical,  surgical  and  hospital services
20        provided by the physician, surgeon or hospital  initially
21        chosen  by  the  employee  or  by  any  other  physician,
22        consultant,  expert,  institution  or  other  provider of
23        services recommended by said initial service provider  or
24        any  subsequent provider of medical services in the chain
25        of referrals from said initial service provider; plus
26             (3)  all medical,  surgical  and  hospital  services
27        provided  by  any  second  physician, surgeon or hospital
28        subsequently chosen by  the  employee  or  by  any  other
29        physician,   consultant,  expert,  institution  or  other
30        provider of services recommended by said  second  service
31        provider  or  any subsequent provider of medical services
32        in the  chain  of  referrals  from  said  second  service
33        provider.  Thereafter  the  employer shall select and pay
34        for  all  necessary  medical,   surgical   and   hospital
 
                            -16-               LRB9203394WHcs
 1        treatment  and  the employee may not select a provider of
 2        medical services at the  employer's  expense  unless  the
 3        employer  agrees  to  such  selection.  At  any  time the
 4        employee may obtain any medical treatment he  desires  at
 5        his own expense. This paragraph shall not affect the duty
 6        to pay for rehabilitation referred to above.
 7        When  an  employer  and  employee  so  agree  in writing,
 8    nothing in this Act prevents  an  employee  whose  injury  or
 9    disability  has been established under this Act, from relying
10    in good faith, on treatment  by  prayer  or  spiritual  means
11    alone,  in  accordance  with  the  tenets  and  practice of a
12    recognized  church  or  religious  denomination,  by  a  duly
13    accredited practitioner thereof, and having nursing  services
14    appropriate  therewith,  without suffering loss or diminution
15    of the compensation benefits under  this  Act.  However,  the
16    employee  shall  submit to all physical examinations required
17    by this Act.  The cost of such  treatment  and  nursing  care
18    shall  be  paid by the employee unless the employer agrees to
19    make such payment.
20        Where the accidental injury results in the amputation  of
21    an  arm,  hand, leg or foot, or the enucleation of an eye, or
22    the loss of any of the  natural  teeth,  the  employer  shall
23    furnish  an artificial of any such members lost or damaged in
24    accidental injury  arising  out  of  and  in  the  course  of
25    employment,  and  shall  also furnish the necessary braces in
26    all proper and necessary cases.  In cases of the  loss  of  a
27    member or members by amputation, the employer shall, whenever
28    necessary,  maintain  in  good  repair,  refit or replace the
29    artificial limbs during the lifetime of the employee.   Where
30    the  accidental injury accompanied by physical injury results
31    in damage to a denture, eye glasses or contact eye lenses, or
32    where  the  accidental  injury  results  in  damage   to   an
33    artificial  member, the employer shall replace or repair such
34    denture, glasses, lenses, or artificial member.
 
                            -17-               LRB9203394WHcs
 1        The furnishing by the employer of any  such  services  or
 2    appliances  is  not  an admission of liability on the part of
 3    the employer to pay compensation.
 4        The furnishing of any such services or appliances or  the
 5    servicing  thereof  by  the  employer  is  not the payment of
 6    compensation.
 7        (b)  If the period of temporary total incapacity for work
 8    lasts more  than  3  working  days,  weekly  compensation  as
 9    hereinafter  provided  shall be paid beginning on the 4th day
10    of such temporary total incapacity and continuing as long  as
11    the  total  temporary  incapacity  lasts.  In cases where the
12    temporary total incapacity for work continues for a period of
13    14 days or more from the day  of  the  accident  compensation
14    shall commence on the day after the accident.
15             1.  The   compensation   rate  for  temporary  total
16        incapacity under this paragraph (b) of this Section shall
17        be equal to 66 2/3% of the employee's average weekly wage
18        computed in accordance with Section 10, provided that  it
19        shall  be  not  less  than  the  following amounts in the
20        following cases:
21                  $100.90 in case of a single person;
22                  $105.50 in case of a  married  person  with  no
23             children;
24                  $108.30 in case of one child;
25                  $113.40 in case of 2 children;
26                  $117.40 in case of 3 children;
27                  $124.30 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             2.  The compensation rate in all  cases  other  than
32        for  temporary total disability under this paragraph (b),
33        and other than for serious  and  permanent  disfigurement
34        under  paragraph (c) and other than for permanent partial
 
                            -18-               LRB9203394WHcs
 1        disability under subparagraph (2)  of  paragraph  (d)  or
 2        under paragraph (e), of this Section shall be equal to 66
 3        2/3%  of  the  employee's average weekly wage computed in
 4        accordance with the provisions of  Section  10,  provided
 5        that  it  shall be not less than the following amounts in
 6        the following cases:
 7                  $80.90 in case of a single person;
 8                  $83.20 in case of  a  married  person  with  no
 9             children;
10                  $86.10 in case of one child;
11                  $88.90 in case of 2 children;
12                  $91.80 in case of 3 children;
13                  $96.90 in case of 4 or more children;
14        nor exceed the employee's average weekly wage computed in
15        accordance  with  the provisions of Section 10, whichever
16        is less.
17             2.1.  The compensation rate in all cases of  serious
18        and  permanent  disfigurement  under paragraph (c) and of
19        permanent partial disability under  subparagraph  (2)  of
20        paragraph  (d)  or  under  paragraph  (e) of this Section
21        shall be equal to 60% of the  employee's  average  weekly
22        wage  computed  in  accordance  with  the  provisions  of
23        Section  10,  provided that it shall be not less than the
24        following amounts in the following cases:
25                  $80.90 in case of a single person;
26                  $83.20 in case of  a  married  person  with  no
27             children;
28                  $86.10 in case of one child;
29                  $88.90 in case of 2 children;
30                  $91.80 in case of 3 children;
31                  $96.90 in case of 4 or more children;
32        nor exceed the employee's average weekly wage computed in
33        accordance  with  the provisions of Section 10, whichever
34        is less.
 
                            -19-               LRB9203394WHcs
 1             3.  As used in this Section the term "child" means a
 2        child of the employee including any child legally adopted
 3        before the accident or whom at the time of  the  accident
 4        the  employee was under legal obligation to support or to
 5        whom the employee stood in loco parentis, and who at  the
 6        time  of  the  accident was under 18 years of age and not
 7        emancipated.  The term "children"  means  the  plural  of
 8        "child".
 9             4.  All  weekly  compensation  rates  provided under
10        subparagraphs 1, 2 and 2.1 of this paragraph (b) of  this
11        Section shall be subject to the following limitations:
12             The  maximum  weekly  compensation rate from July 1,
13        1975, except as hereinafter provided, shall  be  100%  of
14        the  State's  average  weekly  wage in covered industries
15        under the Unemployment Insurance Act, that being the wage
16        that most closely approximates the State's average weekly
17        wage.
18             The maximum weekly compensation rate, for the period
19        July  1,  1984,  through  June  30,   1987,   except   as
20        hereinafter provided, shall be $293.61. Effective July 1,
21        1987  and  on  July 1 of each year thereafter the maximum
22        weekly compensation rate, except as hereinafter provided,
23        shall be determined as follows: if during  the  preceding
24        12  month period there shall have been an increase in the
25        State's average weekly wage in covered  industries  under
26        the  Unemployment  Insurance Act, the weekly compensation
27        rate shall  be  proportionately  increased  by  the  same
28        percentage  as  the percentage of increase in the State's
29        average weekly  wage  in  covered  industries  under  the
30        Unemployment Insurance Act during such period.
31             The maximum weekly compensation rate, for the period
32        January  1,  1981  through  December  31, 1983, except as
33        hereinafter  provided,  shall  be  100%  of  the  State's
34        average weekly  wage  in  covered  industries  under  the
 
                            -20-               LRB9203394WHcs
 1        Unemployment  Insurance Act in effect on January 1, 1981.
 2        Effective January 1, 1984 and on January 1, of each  year
 3        thereafter  the  maximum weekly compensation rate, except
 4        as hereinafter provided, shall be determined as  follows:
 5        if  during the preceding 12 month period there shall have
 6        been an increase in the State's average  weekly  wage  in
 7        covered  industries under the Unemployment Insurance Act,
 8        the weekly compensation  rate  shall  be  proportionately
 9        increased  by  the  same  percentage as the percentage of
10        increase in the State's average weekly  wage  in  covered
11        industries  under  the  Unemployment Insurance Act during
12        such period.
13             From July 1, 1977 and thereafter such maximum weekly
14        compensation rate in death cases  under  Section  7,  and
15        permanent  total  disability cases under paragraph (f) or
16        subparagraph 18 of paragraph (3) of this Section and  for
17        temporary  total  disability  under paragraph (b) of this
18        Section and for amputation of a member or enucleation  of
19        an  eye  under  paragraph  (e)  of  this Section shall be
20        increased to 133-1/3% of the State's average weekly  wage
21        in  covered  industries  under the Unemployment Insurance
22        Act.
23             4.1.  Any   provision   herein   to   the   contrary
24        notwithstanding,  the  weekly   compensation   rate   for
25        compensation  payments under subparagraph 18 of paragraph
26        (e) of this Section  and  under  paragraph  (f)  of  this
27        Section and under paragraph (a) of Section 7, shall in no
28        event be less than 50% of the State's average weekly wage
29        in  covered  industries  under the Unemployment Insurance
30        Act.
31             4.2.  Any provision to the contrary notwithstanding,
32        the total compensation payable under Section 7 shall  not
33        exceed the greater of $250,000 or 20 years.
34             5.  For  the  purpose  of  this Section this State's
 
                            -21-               LRB9203394WHcs
 1        average weekly  wage  in  covered  industries  under  the
 2        Unemployment  Insurance  Act  on  July  1, 1975 is hereby
 3        fixed  at  $228.16  per  week  and  the  computation   of
 4        compensation  rates  shall  be  based  on  the  aforesaid
 5        average   weekly   wage  until  modified  as  hereinafter
 6        provided.
 7             6.  The Department of  Employment  Security  of  the
 8        State shall on or before the first day of December, 1977,
 9        and  on or before the first day of June, 1978, and on the
10        first  day  of  each  December  and  June  of  each  year
11        thereafter, publish the State's average  weekly  wage  in
12        covered  industries  under the Unemployment Insurance Act
13        and the Industrial Commission shall on the  15th  day  of
14        January,  1978  and  on the 15th day of July, 1978 and on
15        the 15th day of  each  January  and  July  of  each  year
16        thereafter,  post  and publish the State's average weekly
17        wage  in  covered  industries  under   the   Unemployment
18        Insurance  Act  as  last  determined and published by the
19        Department of Employment Security.  The  amount  when  so
20        posted  and  published  shall  be conclusive and shall be
21        applicable as the basis of  computation  of  compensation
22        rates   until   the   next  posting  and  publication  as
23        aforesaid.
24             7.  The payment of compensation by  an  employer  or
25        his  insurance  carrier  to an injured employee shall not
26        constitute an admission of the  employer's  liability  to
27        pay compensation.
28        (c)  For  any  serious and permanent disfigurement to the
29    hand, head, face, neck, arm, leg below the knee or the  chest
30    above   the  axillary  line,  the  employee  is  entitled  to
31    compensation for such disfigurement, the amount determined by
32    agreement at any time or by arbitration under this Act, at  a
33    hearing  not  less  than  6  months  after  the  date  of the
34    accidental injury, which amount shall not exceed 150 weeks at
 
                            -22-               LRB9203394WHcs
 1    the applicable rate provided in subparagraph 2.1 of paragraph
 2    (b) of this Section.
 3        No compensation is payable  under  this  paragraph  where
 4    compensation  is  payable under paragraphs (d), (e) or (f) of
 5    this Section.
 6        A duly appointed member of a fire department in  a  city,
 7    the population of which exceeds 200,000 according to the last
 8    federal  or  State census, is eligible for compensation under
 9    this  paragraph  only  where  such  serious   and   permanent
10    disfigurement results from burns.
11        (d) 1.  If,   after   the   accidental  injury  has  been
12    sustained, the employee as a result thereof becomes partially
13    incapacitated from pursuing his usual and customary  line  of
14    employment,  he  shall, except in cases compensated under the
15    specific schedule set forth in paragraph (e) of this Section,
16    receive compensation for  the  duration  of  his  disability,
17    subject  to  the  limitations  as to maximum amounts fixed in
18    paragraph (b) of  this  Section,  equal  to  66-2/3%  of  the
19    difference  between the average amount which he would be able
20    to earn  in  the  full  performance  of  his  duties  in  the
21    occupation  in  which  he  was  engaged  at  the  time of the
22    accident and the average amount which he  is  earning  or  is
23    able  to  earn  in some suitable employment or business after
24    the accident.
25        2.  If,  as  a  result  of  the  accident,  the  employee
26    sustains  serious  and  permanent  injuries  not  covered  by
27    paragraphs (c) and (e) of this Section  or  having  sustained
28    injuries  covered by the aforesaid paragraphs (c) and (e), he
29    shall have sustained in addition thereto other injuries which
30    injuries do not incapacitate him from pursuing the duties  of
31    his  employment  but  which  would  disable him from pursuing
32    other suitable occupations, or which have otherwise  resulted
33    in   physical  impairment;  or  if  such  injuries  partially
34    incapacitate him from pursuing the duties of  his  usual  and
 
                            -23-               LRB9203394WHcs
 1    customary  line  of  employment  but  do  not  result  in  an
 2    impairment  of  earning  capacity,  or  having resulted in an
 3    impairment of earning capacity, the employee elects to  waive
 4    his  right  to  recover under the foregoing subparagraph 1 of
 5    paragraph (d) of this Section then in any  of  the  foregoing
 6    events,  he  shall  receive  in  addition to compensation for
 7    temporary  total  disability  under  paragraph  (b)  of  this
 8    Section, compensation at the rate  provided  in  subparagraph
 9    2.1  of  paragraph (b) of this Section for that percentage of
10    500 weeks that the  partial  disability  resulting  from  the
11    injuries covered by this paragraph bears to total disability.
12    If  the  employee  shall  have sustained a fracture of one or
13    more vertebra  or  fracture  of  the  skull,  the  amount  of
14    compensation  allowed  under  this  Section shall be not less
15    than 6 weeks for a fractured  skull  and  6  weeks  for  each
16    fractured  vertebra, and in the event the employee shall have
17    sustained a fracture of any of the  following  facial  bones:
18    nasal,   lachrymal,   vomer,  zygoma,  maxilla,  palatine  or
19    mandible, the  amount  of  compensation  allowed  under  this
20    Section  shall  be  not  less  than  2  weeks  for  each such
21    fractured bone, and for a fracture of each transverse process
22    not less than 3 weeks.  In  the  event  such  injuries  shall
23    result in the loss of a kidney, spleen or lung, the amount of
24    compensation  allowed  under  this  Section shall be not less
25    than 10 weeks for  each  such  organ.   Compensation  awarded
26    under  this  subparagraph 2 shall not take into consideration
27    injuries covered under paragraphs (c) and (e) of this Section
28    and the compensation provided in  this  paragraph  shall  not
29    affect  the  employee's  right  to compensation payable under
30    paragraphs  (b),  (c)  and  (e)  of  this  Section  for   the
31    disabilities therein covered.
32        (e)  For  accidental  injuries in the following schedule,
33    the employee shall receive compensation  for  the  period  of
34    temporary  total  incapacity  for  work  resulting  from such
 
                            -24-               LRB9203394WHcs
 1    accidental injury, under subparagraph 1 of paragraph  (b)  of
 2    this   Section,   and   shall  receive  in  addition  thereto
 3    compensation for a  further  period  for  the  specific  loss
 4    herein  mentioned,  but  shall  not  receive any compensation
 5    under any other  provisions  of  this  Act.    The  following
 6    listed  amounts  apply to either the loss of or the permanent
 7    and complete loss  of  use  of  the  member  specified,  such
 8    compensation for the length of time as follows:
 9             1.  Thumb-70 weeks.
10             2.  First, or index finger-40 weeks.
11             3.  Second, or middle finger-35 weeks.
12             4.  Third, or ring finger-25 weeks.
13             5.  Fourth, or little finger-20 weeks.
14             6.  Great toe-35 weeks.
15             7.  Each toe other than great toe-12 weeks.
16             8.  The  loss  of the first or distal phalanx of the
17        thumb or of any finger or toe shall be considered  to  be
18        equal  to  the  loss of one-half of such thumb, finger or
19        toe and the compensation payable shall be one-half of the
20        amount above  specified.   The  loss  of  more  than  one
21        phalanx  shall  be  considered  as the loss of the entire
22        thumb, finger or  toe.   In  no  case  shall  the  amount
23        received  for  more  than  one  finger  exceed the amount
24        provided in this schedule for the loss of a hand.
25             9.  Hand-190 weeks.  The loss of 2 or  more  digits,
26        or  one  or more phalanges of 2 or more digits, of a hand
27        may be compensated on the basis of partial loss of use of
28        a hand, provided, further, that the loss of 4 digits,  or
29        the  loss  of  use  of  4  digits, in the same hand shall
30        constitute the  complete loss of a hand.
31             10.  Arm-235  weeks.   Where  an  accidental  injury
32        results in the amputation of an arm below the elbow, such
33        injury shall be compensated as a loss of an  arm.   Where
34        an  accidental injury results in the amputation of an arm
 
                            -25-               LRB9203394WHcs
 1        above the elbow, compensation for an additional 15  weeks
 2        shall be paid, except where the accidental injury results
 3        in  the amputation of an arm at the shoulder joint, or so
 4        close to shoulder joint that an artificial arm cannot  be
 5        used,  or results in the disarticulation of an arm at the
 6        shoulder  joint,  in  which  case  compensation  for   an
 7        additional 65 weeks shall be paid.
 8             11.  Foot-155 weeks.
 9             12.  Leg-200  weeks.   Where  an  accidental  injury
10        results  in  the amputation of a leg below the knee, such
11        injury shall be compensated as loss of a  leg.  Where  an
12        accidental  injury  results  in  the  amputation of a leg
13        above the knee, compensation for an additional  25  weeks
14        shall be paid, except where the accidental injury results
15        in  the amputation of a leg at the hip joint, or so close
16        to the hip joint that an artificial leg cannot  be  used,
17        or  results  in  the  disarticulation of a leg at the hip
18        joint, in which case compensation for  an  additional  75
19        weeks shall be paid.
20             13.  Eye-150  weeks.   Where  an  accidental  injury
21        results in the enucleation of an eye, compensation for an
22        additional 10 weeks shall be paid.
23             14.  Loss  of hearing of one ear-50 weeks; total and
24        permanent loss of hearing of both ears-200 weeks.
25             15.  Testicle-50 weeks; both testicles-150 weeks.
26             16.  For the permanent partial  loss  of  use  of  a
27        member  or  sight  of  an  eye,  or  hearing  of  an ear,
28        compensation during that  proportion  of  the  number  of
29        weeks  in the foregoing schedule provided for the loss of
30        such member or sight of an eye, or  hearing  of  an  ear,
31        which  the partial loss of use thereof bears to the total
32        loss of use of such member, or sight of eye,  or  hearing
33        of an ear.
34                  (a)  Loss  of hearing for compensation purposes
 
                            -26-               LRB9203394WHcs
 1             shall be confined to the frequencies of 1,000, 2,000
 2             and 3,000 cycles per second. Loss of hearing ability
 3             for frequency tones above 3,000  cycles  per  second
 4             are  not to be considered as constituting disability
 5             for hearing.
 6                  (b)  The percent of hearing loss, for  purposes
 7             of  the  determination  of  compensation  claims for
 8             occupational deafness, shall be  calculated  as  the
 9             average  in  decibels  for the thresholds of hearing
10             for the frequencies of 1,000, 2,000 and 3,000 cycles
11             per second. Pure  tone  air  conduction  audiometric
12             instruments,   approved   by  nationally  recognized
13             authorities  in  this  field,  shall  be  used   for
14             measuring  hearing  loss.  If  the losses of hearing
15             average 30 decibels or less in  the  3  frequencies,
16             such losses of hearing shall not then constitute any
17             compensable  hearing  disability.  If  the losses of
18             hearing  average  85  decibels  or  more  in  the  3
19             frequencies, then the same shall constitute  and  be
20             total or 100% compensable hearing loss.
21                  (c)  In   measuring   hearing  impairment,  the
22             lowest measured losses in each of the 3  frequencies
23             shall   be  added  together  and  divided  by  3  to
24             determine  the  average  decibel  loss.  For   every
25             decibel  of  loss exceeding 30 decibels an allowance
26             of 1.82% shall be made up to  the  maximum  of  100%
27             which is reached at 85 decibels.
28                  (d)  If  a  hearing loss is established to have
29             existed on July 1, 1975 by audiometric  testing  the
30             employer  shall  not be liable for the previous loss
31             so established nor shall he be liable for  any  loss
32             for which compensation has been paid or awarded.
33                  (e)  No  consideration  shall  be  given to the
34             question  of  whether  or  not  the  ability  of  an
 
                            -27-               LRB9203394WHcs
 1             employee to understand speech is improved by the use
 2             of a hearing aid.
 3                  (f)  No  claim  for  loss  of  hearing  due  to
 4             industrial  noise  shall  be  brought   against   an
 5             employer  or  allowed  unless  the employee has been
 6             exposed for a period of  time  sufficient  to  cause
 7             permanent  impairment  to  noise levels in excess of
 8             the following:
 9                  Sound Level DBA
10                   Slow Response              Hours Per Day
11                        90                          8
12                        92                          6
13                        95                          4
14                        97                          3
15                        100                         2
16                        102                       1-1/2
17                        105                         1
18                        110                        1/2
19                        115                        1/4
20             This subparagraph (f) shall not be applied in  cases
21        of hearing loss resulting from trauma or explosion.
22             17.  In computing the compensation to be paid to any
23        employee  who,  before  the  accident for which he claims
24        compensation, had before that time  sustained  an  injury
25        resulting  in  the  loss by amputation or partial loss by
26        amputation of any member, including hand, arm,  thumb  or
27        fingers, leg, foot or any toes, such loss or partial loss
28        of  any such member shall be deducted from any award made
29        for the subsequent injury.  For the permanent loss of use
30        or the permanent partial loss of use of any  such  member
31        or  the  partial  loss  of  sight  of  an  eye, for which
32        compensation has been paid, then such loss shall be taken
33        into consideration and deducted from any  award  for  the
34        subsequent injury.
 
                            -28-               LRB9203394WHcs
 1             18.  The  specific  case of loss of both hands, both
 2        arms, or both feet, or both legs, or both eyes, or of any
 3        two thereof, or the permanent and complete  loss  of  the
 4        use  thereof, constitutes total and permanent disability,
 5        to be compensated according to the compensation fixed  by
 6        paragraph  (f)  of this Section.  These specific cases of
 7        total and  permanent  disability  do  not  exclude  other
 8        cases.
 9             Any employee who has previously suffered the loss or
10        permanent  and  complete  loss  of the use of any of such
11        members, and in a subsequent independent  accident  loses
12        another or suffers the permanent and complete loss of the
13        use  of any one of such members the employer for whom the
14        injured employee is working  at  the  time  of  the  last
15        independent  accident  is liable to pay compensation only
16        for the loss or permanent and complete loss of the use of
17        the member occasioned by the last independent accident.
18             19.  In a case of specific loss and  the  subsequent
19        death  of  such  injured  employee from other causes than
20        such injury leaving  a  widow,  widower,  or   dependents
21        surviving  before  payment  or  payment  in full for such
22        injury, then the amount due for such injury is payable to
23        the widow or  widower  and,  if  there  be  no  widow  or
24        widower, then to such dependents, in the proportion which
25        such dependency bears to total dependency.
26        Beginning  July  1,  1980, and every 6 months thereafter,
27    the Commission shall examine the Second Injury Fund and when,
28    after deducting all advances or loans made to such Fund,  the
29    amount  therein  is  $500,000 then the total aggregate amount
30    required to be paid by employers pursuant to paragraph (f) of
31    Section 7 shall be  reduced  by  one-half.  When  the  Second
32    Injury  Fund  reaches  the  sum of $600,000 then the payments
33    shall cease entirely.  However, when the Second  Injury  Fund
34    has  been  reduced  to  $400,000,  payment of one-half of the
 
                            -29-               LRB9203394WHcs
 1    amounts required by paragraph  (f)  of  Section  7  shall  be
 2    resumed,  in  the manner herein provided, and when the Second
 3    Injury Fund has been reduced to $300,000, payment of the full
 4    amounts required by paragraph  (f)  of  Section  7  shall  be
 5    resumed,  in the manner herein provided. The Commission shall
 6    make the changes in payment effective by general  order,  and
 7    the  changes  in payment become immediately effective for all
 8    cases coming  before  the  Commission  thereafter  either  by
 9    settlement agreement or final order, irrespective of the date
10    of the accidental injury.
11        On  August 1, 1996 and on February 1 and August 1 of each
12    subsequent year, the Commission  shall  examine  the  special
13    fund designated as the "Rate Adjustment Fund" and when, after
14    deducting all advances or loans made to said fund, the amount
15    therein  is  $4,000,000,  the  amount  required to be paid by
16    employers pursuant to paragraph (f) of  Section  7  shall  be
17    reduced  by  one-half.  When the Rate Adjustment Fund reaches
18    the  sum  of  $5,000,000  the  payment  therein  shall  cease
19    entirely.  However, when said Rate Adjustment Fund  has  been
20    reduced  to  $3,000,000 the amounts required by paragraph (f)
21    of Section 7 shall be resumed in the manner herein provided.
22        (f)  In case of complete disability,  which  renders  the
23    employee  wholly and permanently incapable of work, or in the
24    specific case of total and permanent disability  as  provided
25    in   subparagraph  18  of  paragraph  (e)  of  this  Section,
26    compensation  shall  be  payable  at  the  rate  provided  in
27    subparagraph 2 of paragraph (b) of this Section for life.
28        An employee entitled to benefits under paragraph  (f)  of
29    this  Section shall also be entitled to receive from the Rate
30    Adjustment Fund provided in paragraph (f) of Section 7 of the
31    supplementary benefits provided  in  paragraph  (g)  of  this
32    Section 8.
33        If   any  employee  who  receives  an  award  under  this
34    paragraph afterwards returns to work or is able to do so, and
 
                            -30-               LRB9203394WHcs
 1    earns or is able to earn as  much  as  before  the  accident,
 2    payments  under  such  award  shall  cease.  If such employee
 3    returns to work, or is able to do so, and earns or is able to
 4    earn part but not as much as before the accident, such  award
 5    shall  be  modified  so  as  to  conform  to  an  award under
 6    paragraph (d) of this Section.  If such award  is  terminated
 7    or  reduced  under  the  provisions  of  this paragraph, such
 8    employees have the right at any time within 30  months  after
 9    the  date  of  such termination or reduction to file petition
10    with the Commission for the purpose  of  determining  whether
11    any  disability exists as a result of the original accidental
12    injury and the extent thereof.
13        Disability as enumerated in subdivision 18, paragraph (e)
14    of this Section is considered complete disability.
15        If an employee who had previously incurred  loss  or  the
16    permanent and complete loss of use of one member, through the
17    loss  or  the  permanent  and complete loss of the use of one
18    hand, one  arm,  one  foot,  one  leg,  or  one  eye,  incurs
19    permanent  and  complete  disability  through the loss or the
20    permanent and complete loss of the use of another member,  he
21    shall receive, in addition to the compensation payable by the
22    employer  and after such payments have ceased, an amount from
23    the Second Injury Fund  provided  for  in  paragraph  (f)  of
24    Section 7, which, together with the compensation payable from
25    the  employer in whose employ he was when the last accidental
26    injury was  incurred,  will  equal  the  amount  payable  for
27    permanent   and  complete  disability  as  provided  in  this
28    paragraph of this Section.
29        The custodian of the Second Injury Fund provided  for  in
30    paragraph  (f) of Section 7 shall be joined with the employer
31    as a party respondent in the application  for  adjustment  of
32    claim.   The  application for adjustment of claim shall state
33    briefly and in general terms the approximate time  and  place
34    and manner of the loss of the first member.
 
                            -31-               LRB9203394WHcs
 1        In  its  award  the  Commission  or  the Arbitrator shall
 2    specifically find the amount the injured  employee  shall  be
 3    weekly  paid, the number of weeks compensation which shall be
 4    paid by the employer, the date upon which payments begin  out
 5    of  the  Second  Injury Fund provided for in paragraph (f) of
 6    Section 7 of this Act, the length of time the weekly payments
 7    continue, the date upon which the pension  payments  commence
 8    and  the monthly amount of the payments. The Commission shall
 9    30 days after the date upon which payments out of the  Second
10    Injury  Fund  have  begun as provided in the award, and every
11    month thereafter, prepare and submit to the State Comptroller
12    a voucher for payment for all compensation  accrued  to  that
13    date  at  the  rate  fixed  by  the  Commission.   The  State
14    Comptroller  shall  draw  a  warrant  to the injured employee
15    along with a receipt to be executed by the  injured  employee
16    and  returned  to  the  Commission.  The endorsed warrant and
17    receipt is a full and complete acquittance to the  Commission
18    for  the  payment  out  of  the Second Injury Fund.  No other
19    appropriation or warrant is necessary for payment out of  the
20    Second  Injury  Fund.  The Second Injury Fund is appropriated
21    for the purpose of making payments according to the terms  of
22    the awards.
23        As  of  July  1, 1980 to July 1, 1982, all claims against
24    and obligations of the Second Injury Fund shall become claims
25    against and obligations of the Rate Adjustment  Fund  to  the
26    extent  there is insufficient money in the Second Injury Fund
27    to pay such  claims  and  obligations.   In  that  case,  all
28    references to "Second Injury Fund" in this Section shall also
29    include the Rate Adjustment Fund.
30        (g)  Every  award  for permanent total disability entered
31    by the Commission on and after   July  1,  1965  under  which
32    compensation  payments shall become due and payable after the
33    effective date of this amendatory Act, and  every  award  for
34    death  benefits  or permanent total disability entered by the
 
                            -32-               LRB9203394WHcs
 1    Commission on and after the effective date of this amendatory
 2    Act shall be subject to annual adjustments as to  the  amount
 3    of  the  compensation rate therein provided. Such adjustments
 4    shall first be made on July 15, 1977, and all awards made and
 5    entered prior to July 1, 1975 and on July  15  of  each  year
 6    thereafter.  In all other cases such adjustment shall be made
 7    on  July 15 of the second year next following the date of the
 8    entry of the award and shall  further  be  made  on  July  15
 9    annually  thereafter.   If during the intervening period from
10    the date of the entry of the  award,  or  the  last  periodic
11    adjustment,  there shall have been an increase in the State's
12    average  weekly  wage  in  covered   industries   under   the
13    Unemployment  Insurance  Act,  the  weekly  compensation rate
14    shall be proportionately increased by the same percentage  as
15    the percentage of increase in the State's average weekly wage
16    in  covered  industries under the Unemployment Insurance Act.
17    The increase in the compensation rate  under  this  paragraph
18    shall  in  no  event  bring the total compensation rate to an
19    amount  greater  than  the  prevailing  maximum  rate.   Such
20    increase shall be paid in the same manner as herein  provided
21    for  payments  under  the  Second  Injury Fund to the injured
22    employee, or his dependents, as the case may be, out  of  the
23    Rate  Adjustment  Fund provided in paragraph (f) of Section 7
24    of this Act.  Payments shall be made at the same intervals as
25    provided in the award or, at the option  of  the  Commission,
26    may  be made in quarterly payment on the 15th day of January,
27    April, July and October of each year.   In  the  event  of  a
28    decrease in such average weekly wage there shall be no change
29    in the then existing compensation rate.  The within paragraph
30    shall  not  apply  to cases where there is disputed liability
31    and in which a compromise lump  sum  settlement  between  the
32    employer  and the injured employee, or his dependents, as the
33    case may  be,  has  been  duly  approved  by  the  Industrial
34    Commission.
 
                            -33-               LRB9203394WHcs
 1        Provided,   that  in  cases  of  awards  entered  by  the
 2    Commission for injuries occurring before July  1,  1975,  the
 3    increases   in  the  compensation  rate  adjusted  under  the
 4    foregoing provision of this paragraph (g) shall be limited to
 5    increases in the  State's  average  weekly  wage  in  covered
 6    industries  under  the  Unemployment  Insurance Act occurring
 7    after July 1, 1975.
 8        (h)  In case death occurs from any cause before the total
 9    compensation to which the employee would have  been  entitled
10    has  been  paid,  then in case the employee leaves any widow,
11    widower, child, parent (or  any  grandchild,  grandparent  or
12    other  lineal  heir  or  any collateral heir dependent at the
13    time of the accident upon the earnings of the employee to the
14    extent of 50% or more of total dependency) such  compensation
15    shall  be  paid to the beneficiaries of the deceased employee
16    and distributed as provided in paragraph (g) of Section 7.
17        (h-1)  In  case  an  injured  employee  is  under   legal
18    disability at the time when any right or privilege accrues to
19    him  or  her  under  this  Act,  a  guardian may be appointed
20    pursuant to law, and may, on  behalf  of  such  person  under
21    legal  disability,  claim  and  exercise  any  such  right or
22    privilege with the same effect as if the employee himself  or
23    herself  had claimed or exercised the right or privilege.  No
24    limitations of time provided by this Act run so long  as  the
25    employee   who   is  under  legal  disability  is  without  a
26    conservator or guardian.
27        (i)  In case the injured employee is under  16  years  of
28    age  at  the  time of the accident and is illegally employed,
29    the amount of compensation payable under paragraphs (b), (c),
30    (d), (e) and (f) of this Section is increased 50%.
31        However, where an employer  has  on  file  an  employment
32    certificate  issued  pursuant  to the Child Labor Law or work
33    permit issued pursuant to the Federal  Fair  Labor  Standards
34    Act,  as  amended,  or  a birth certificate properly and duly
 
                            -34-               LRB9203394WHcs
 1    issued, such certificate,  permit  or  birth  certificate  is
 2    conclusive  evidence  as  to  the  age  of  the injured minor
 3    employee for the purposes of this Section.
 4        Nothing herein contained repeals or amends the provisions
 5    of the Child Labor Law relating to the employment  of  minors
 6    under the age of 16 years.
 7        (j) 1.  In   the  event  the  injured  employee  receives
 8    benefits, including medical, surgical  or  hospital  benefits
 9    under  any  group plan covering non-occupational disabilities
10    contributed to wholly or partially  by  the  employer,  which
11    benefits  should  not  have  been  payable  if  any rights of
12    recovery existed under this Act, then such amounts so paid to
13    the employee from any such group plan as shall be  consistent
14    with,  and  limited to, the provisions of paragraph 2 hereof,
15    shall be credited to or against any compensation payment  for
16    temporary  total incapacity for work or any medical, surgical
17    or hospital benefits made or to be made under  this  Act.  In
18    such   event,  the  period  of  time  for  giving  notice  of
19    accidental injury and filing application  for  adjustment  of
20    claim  does not commence to run until the termination of such
21    payments.  This paragraph does not  apply  to  payments  made
22    under   any   group   plan  which  would  have  been  payable
23    irrespective of an accidental injury  under  this  Act.   Any
24    employer  receiving such credit shall keep such employee safe
25    and harmless from any and all claims or liabilities that  may
26    be  made  against  him  by  reason  of  having  received such
27    payments only to the extent of such credit.
28        Any excess benefits paid to  or  on  behalf  of  a  State
29    employee  by  the  State  Employees'  Retirement System under
30    Article 14 of the Illinois Pension Code on a death  claim  or
31    disputed  disability  claim  shall  be  credited  against any
32    payments made or to be made by the State of Illinois to or on
33    behalf of such employee under this Act, except  for  payments
34    for  medical expenses which have already been incurred at the
 
                            -35-               LRB9203394WHcs
 1    time of the award.  The  State  of  Illinois  shall  directly
 2    reimburse  the  State  Employees'  Retirement  System  to the
 3    extent of such credit.
 4        2.  Nothing contained in this Act shall be  construed  to
 5    give  the  employer  or  the  insurance  carrier the right to
 6    credit for any benefits or payments received by the  employee
 7    other  than  compensation  payments provided by this Act, and
 8    where the employee receives payments other than  compensation
 9    payments,  whether as full or partial salary, group insurance
10    benefits, bonuses,  annuities  or  any  other  payments,  the
11    employer  or  insurance carrier shall receive credit for each
12    such payment only to the  extent  of  the  compensation  that
13    would  have  been  payable  during the period covered by such
14    payment.
15        3.  The  extension  of  time  for  the   filing   of   an
16    Application  for Adjustment of Claim as provided in paragraph
17    1 above shall not apply to those cases  where  the  time  for
18    such  filing  had expired prior to the date on which payments
19    or benefits enumerated herein have been initiated or resumed.
20    Provided however that this paragraph 3 shall  apply  only  to
21    cases wherein the payments or benefits hereinabove enumerated
22    shall be received after July 1, 1969.
23    (Source: P.A. 89-470, eff. 6-13-96.)

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