[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ Engrossed ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
[ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
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 totalemployer shall within2560 days pay asum equal to 1/8 of 1% of all compensation 26 payments made by employershimafter 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 1997and 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.)