Illinois General Assembly - Full Text of SB3091
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Full Text of SB3091  100th General Assembly

SB3091 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3091

 

Introduced 2/15/2018, by Sen. Jim Oberweis

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/8  from Ch. 48, par. 138.8

    Amends the Workers' Compensation Act. Provides that, except for awards for certain medical costs, an arbitrator shall reduce awards based upon the degree to which the work-related injury resulted from the actions of or a pre-existing condition of the claimant.


LRB100 18924 JLS 34170 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3091LRB100 18924 JLS 34170 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Section 8 as follows:
 
6    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
7    Sec. 8. The amount of compensation which shall be paid to
8the employee for an accidental injury not resulting in death
9is:
10    (a) The employer shall provide and pay the negotiated rate,
11if applicable, or the lesser of the health care provider's
12actual charges or according to a fee schedule, subject to
13Section 8.2, in effect at the time the service was rendered for
14all the necessary first aid, medical and surgical services, and
15all necessary medical, surgical and hospital services
16thereafter incurred, limited, however, to that which is
17reasonably required to cure or relieve from the effects of the
18accidental injury, even if a health care provider sells,
19transfers, or otherwise assigns an account receivable for
20procedures, treatments, or services covered under this Act. If
21the employer does not dispute payment of first aid, medical,
22surgical, and hospital services, the employer shall make such
23payment to the provider on behalf of the employee. The employer

 

 

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1shall also pay for treatment, instruction and training
2necessary for the physical, mental and vocational
3rehabilitation of the employee, including all maintenance
4costs and expenses incidental thereto. If as a result of the
5injury the employee is unable to be self-sufficient the
6employer shall further pay for such maintenance or
7institutional care as shall be required.
8    The employee may at any time elect to secure his own
9physician, surgeon and hospital services at the employer's
10expense, or,
11    Upon agreement between the employer and the employees, or
12the employees' exclusive representative, and subject to the
13approval of the Illinois Workers' Compensation Commission, the
14employer shall maintain a list of physicians, to be known as a
15Panel of Physicians, who are accessible to the employees. The
16employer shall post this list in a place or places easily
17accessible to his employees. The employee shall have the right
18to make an alternative choice of physician from such Panel if
19he is not satisfied with the physician first selected. If, due
20to the nature of the injury or its occurrence away from the
21employer's place of business, the employee is unable to make a
22selection from the Panel, the selection process from the Panel
23shall not apply. The physician selected from the Panel may
24arrange for any consultation, referral or other specialized
25medical services outside the Panel at the employer's expense.
26Provided that, in the event the Commission shall find that a

 

 

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1doctor selected by the employee is rendering improper or
2inadequate care, the Commission may order the employee to
3select another doctor certified or qualified in the medical
4field for which treatment is required. If the employee refuses
5to make such change the Commission may relieve the employer of
6his obligation to pay the doctor's charges from the date of
7refusal to the date of compliance.
8    Any vocational rehabilitation counselors who provide
9service under this Act shall have appropriate certifications
10which designate the counselor as qualified to render opinions
11relating to vocational rehabilitation. Vocational
12rehabilitation may include, but is not limited to, counseling
13for job searches, supervising a job search program, and
14vocational retraining including education at an accredited
15learning institution. The employee or employer may petition to
16the Commission to decide disputes relating to vocational
17rehabilitation and the Commission shall resolve any such
18dispute, including payment of the vocational rehabilitation
19program by the employer.
20    The maintenance benefit shall not be less than the
21temporary total disability rate determined for the employee. In
22addition, maintenance shall include costs and expenses
23incidental to the vocational rehabilitation program.
24    When the employee is working light duty on a part-time
25basis or full-time basis and earns less than he or she would be
26earning if employed in the full capacity of the job or jobs,

 

 

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1then the employee shall be entitled to temporary partial
2disability benefits. Temporary partial disability benefits
3shall be equal to two-thirds of the difference between the
4average amount that the employee would be able to earn in the
5full performance of his or her duties in the occupation in
6which he or she was engaged at the time of accident and the
7gross amount which he or she is earning in the modified job
8provided to the employee by the employer or in any other job
9that the employee is working.
10    Every hospital, physician, surgeon or other person
11rendering treatment or services in accordance with the
12provisions of this Section shall upon written request furnish
13full and complete reports thereof to, and permit their records
14to be copied by, the employer, the employee or his dependents,
15as the case may be, or any other party to any proceeding for
16compensation before the Commission, or their attorneys.
17    Notwithstanding the foregoing, the employer's liability to
18pay for such medical services selected by the employee shall be
19limited to:
20        (1) all first aid and emergency treatment; plus
21        (2) all medical, surgical and hospital services
22    provided by the physician, surgeon or hospital initially
23    chosen by the employee or by any other physician,
24    consultant, expert, institution or other provider of
25    services recommended by said initial service provider or
26    any subsequent provider of medical services in the chain of

 

 

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1    referrals from said initial service provider; plus
2        (3) all medical, surgical and hospital services
3    provided by any second physician, surgeon or hospital
4    subsequently chosen by the employee or by any other
5    physician, consultant, expert, institution or other
6    provider of services recommended by said second service
7    provider or any subsequent provider of medical services in
8    the chain of referrals from said second service provider.
9    Thereafter the employer shall select and pay for all
10    necessary medical, surgical and hospital treatment and the
11    employee may not select a provider of medical services at
12    the employer's expense unless the employer agrees to such
13    selection. At any time the employee may obtain any medical
14    treatment he desires at his own expense. This paragraph
15    shall not affect the duty to pay for rehabilitation
16    referred to above.
17        (4) The following shall apply for injuries occurring on
18    or after June 28, 2011 (the effective date of Public Act
19    97-18) and only when an employer has an approved preferred
20    provider program pursuant to Section 8.1a on the date the
21    employee sustained his or her accidental injuries:
22            (A) The employer shall, in writing, on a form
23        promulgated by the Commission, inform the employee of
24        the preferred provider program;
25            (B) Subsequent to the report of an injury by an
26        employee, the employee may choose in writing at any

 

 

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1        time to decline the preferred provider program, in
2        which case that would constitute one of the two choices
3        of medical providers to which the employee is entitled
4        under subsection (a)(2) or (a)(3); and
5            (C) Prior to the report of an injury by an
6        employee, when an employee chooses non-emergency
7        treatment from a provider not within the preferred
8        provider program, that would constitute the employee's
9        one choice of medical providers to which the employee
10        is entitled under subsection (a)(2) or (a)(3).
11    When an employer and employee so agree in writing, nothing
12in this Act prevents an employee whose injury or disability has
13been established under this Act, from relying in good faith, on
14treatment by prayer or spiritual means alone, in accordance
15with the tenets and practice of a recognized church or
16religious denomination, by a duly accredited practitioner
17thereof, and having nursing services appropriate therewith,
18without suffering loss or diminution of the compensation
19benefits under this Act. However, the employee shall submit to
20all physical examinations required by this Act. The cost of
21such treatment and nursing care shall be paid by the employee
22unless the employer agrees to make such payment.
23    Where the accidental injury results in the amputation of an
24arm, hand, leg or foot, or the enucleation of an eye, or the
25loss of any of the natural teeth, the employer shall furnish an
26artificial of any such members lost or damaged in accidental

 

 

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1injury arising out of and in the course of employment, and
2shall also furnish the necessary braces in all proper and
3necessary cases. In cases of the loss of a member or members by
4amputation, the employer shall, whenever necessary, maintain
5in good repair, refit or replace the artificial limbs during
6the lifetime of the employee. Where the accidental injury
7accompanied by physical injury results in damage to a denture,
8eye glasses or contact eye lenses, or where the accidental
9injury results in damage to an artificial member, the employer
10shall replace or repair such denture, glasses, lenses, or
11artificial member.
12    The furnishing by the employer of any such services or
13appliances is not an admission of liability on the part of the
14employer to pay compensation.
15    The furnishing of any such services or appliances or the
16servicing thereof by the employer is not the payment of
17compensation.
18    (b) If the period of temporary total incapacity for work
19lasts more than 3 working days, weekly compensation as
20hereinafter provided shall be paid beginning on the 4th day of
21such temporary total incapacity and continuing as long as the
22total temporary incapacity lasts. In cases where the temporary
23total incapacity for work continues for a period of 14 days or
24more from the day of the accident compensation shall commence
25on the day after the accident.
26        1. The compensation rate for temporary total

 

 

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1    incapacity under this paragraph (b) of this Section shall
2    be equal to 66 2/3% of the employee's average weekly wage
3    computed in accordance with Section 10, provided that it
4    shall be not less than 66 2/3% of the sum of the Federal
5    minimum wage under the Fair Labor Standards Act, or the
6    Illinois minimum wage under the Minimum Wage Law, whichever
7    is more, multiplied by 40 hours. This percentage rate shall
8    be increased by 10% for each spouse and child, not to
9    exceed 100% of the total minimum wage calculation, nor
10    exceed the employee's average weekly wage computed in
11    accordance with the provisions of Section 10, whichever is
12    less.
13        2. The compensation rate in all cases other than for
14    temporary total disability under this paragraph (b), and
15    other than for serious and permanent disfigurement under
16    paragraph (c) and other than for permanent partial
17    disability under subparagraph (2) of paragraph (d) or under
18    paragraph (e), of this Section shall be equal to 66 2/3% of
19    the employee's average weekly wage computed in accordance
20    with the provisions of Section 10, provided that it shall
21    be not less than 66 2/3% of the sum of the Federal minimum
22    wage under the Fair Labor Standards Act, or the Illinois
23    minimum wage under the Minimum Wage Law, whichever is more,
24    multiplied by 40 hours. This percentage rate shall be
25    increased by 10% for each spouse and child, not to exceed
26    100% of the total minimum wage calculation, nor exceed the

 

 

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1    employee's average weekly wage computed in accordance with
2    the provisions of Section 10, whichever is less.
3        2.1. The compensation rate in all cases of serious and
4    permanent disfigurement under paragraph (c) and of
5    permanent partial disability under subparagraph (2) of
6    paragraph (d) or under paragraph (e) of this Section shall
7    be equal to 60% of the employee's average weekly wage
8    computed in accordance with the provisions of Section 10,
9    provided that it shall be not less than 66 2/3% of the sum
10    of the Federal minimum wage under the Fair Labor Standards
11    Act, or the Illinois minimum wage under the Minimum Wage
12    Law, whichever is more, multiplied by 40 hours. This
13    percentage rate shall be increased by 10% for each spouse
14    and child, not to exceed 100% of the total minimum wage
15    calculation, nor exceed the employee's average weekly wage
16    computed in accordance with the provisions of Section 10,
17    whichever is less.
18        3. As used in this Section the term "child" means a
19    child of the employee including any child legally adopted
20    before the accident or whom at the time of the accident the
21    employee was under legal obligation to support or to whom
22    the employee stood in loco parentis, and who at the time of
23    the accident was under 18 years of age and not emancipated.
24    The term "children" means the plural of "child".
25        4. All weekly compensation rates provided under
26    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this

 

 

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1    Section shall be subject to the following limitations:
2        The maximum weekly compensation rate from July 1, 1975,
3    except as hereinafter provided, shall be 100% of the
4    State's average weekly wage in covered industries under the
5    Unemployment Insurance Act, that being the wage that most
6    closely approximates the State's average weekly wage.
7        The maximum weekly compensation rate, for the period
8    July 1, 1984, through June 30, 1987, except as hereinafter
9    provided, shall be $293.61. Effective July 1, 1987 and on
10    July 1 of each year thereafter the maximum weekly
11    compensation rate, except as hereinafter provided, shall
12    be determined as follows: if during the preceding 12 month
13    period there shall have been an increase in the State's
14    average weekly wage in covered industries under the
15    Unemployment Insurance Act, the weekly compensation rate
16    shall be proportionately increased by the same percentage
17    as the percentage of increase in the State's average weekly
18    wage in covered industries under the Unemployment
19    Insurance Act during such period.
20        The maximum weekly compensation rate, for the period
21    January 1, 1981 through December 31, 1983, except as
22    hereinafter provided, shall be 100% of the State's average
23    weekly wage in covered industries under the Unemployment
24    Insurance Act in effect on January 1, 1981. Effective
25    January 1, 1984 and on January 1, of each year thereafter
26    the maximum weekly compensation rate, except as

 

 

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1    hereinafter provided, shall be determined as follows: if
2    during the preceding 12 month period there shall have been
3    an increase in the State's average weekly wage in covered
4    industries under the Unemployment Insurance Act, the
5    weekly compensation rate shall be proportionately
6    increased by the same percentage as the percentage of
7    increase in the State's average weekly wage in covered
8    industries under the Unemployment Insurance Act during
9    such period.
10        From July 1, 1977 and thereafter such maximum weekly
11    compensation rate in death cases under Section 7, and
12    permanent total disability cases under paragraph (f) or
13    subparagraph 18 of paragraph (3) of this Section and for
14    temporary total disability under paragraph (b) of this
15    Section and for amputation of a member or enucleation of an
16    eye under paragraph (e) of this Section shall be increased
17    to 133-1/3% of the State's average weekly wage in covered
18    industries under the Unemployment Insurance Act.
19        For injuries occurring on or after February 1, 2006,
20    the maximum weekly benefit under paragraph (d)1 of this
21    Section shall be 100% of the State's average weekly wage in
22    covered industries under the Unemployment Insurance 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 Section

 

 

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1    and under paragraph (a) of Section 7 and for amputation of
2    a member or enucleation of an eye under paragraph (e) of
3    this Section, shall in no event be less than 50% of the
4    State's average weekly wage in covered industries under the
5    Unemployment Insurance Act.
6        4.2. Any provision to the contrary notwithstanding,
7    the total compensation payable under Section 7 shall not
8    exceed the greater of $500,000 or 25 years.
9        5. For the purpose of this Section this State's average
10    weekly wage in covered industries under the Unemployment
11    Insurance Act on July 1, 1975 is hereby fixed at $228.16
12    per week and the computation of compensation rates shall be
13    based on the aforesaid average weekly wage until modified
14    as hereinafter provided.
15        6. The Department of Employment Security of the State
16    shall on or before the first day of December, 1977, and on
17    or before the first day of June, 1978, and on the first day
18    of each December and June of each year thereafter, publish
19    the State's average weekly wage in covered industries under
20    the Unemployment Insurance Act and the Illinois Workers'
21    Compensation Commission shall on the 15th day of January,
22    1978 and on the 15th day of July, 1978 and on the 15th day
23    of each January and July of each year thereafter, post and
24    publish the State's average weekly wage in covered
25    industries under the Unemployment Insurance Act as last
26    determined and published by the Department of Employment

 

 

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1    Security. The amount when so posted and published shall be
2    conclusive and shall be applicable as the basis of
3    computation of compensation rates until the next posting
4    and publication as aforesaid.
5        7. The payment of compensation by an employer or his
6    insurance carrier to an injured employee shall not
7    constitute an admission of the employer's liability to pay
8    compensation.
9    (c) For any serious and permanent disfigurement to the
10hand, head, face, neck, arm, leg below the knee or the chest
11above the axillary line, the employee is entitled to
12compensation for such disfigurement, the amount determined by
13agreement at any time or by arbitration under this Act, at a
14hearing not less than 6 months after the date of the accidental
15injury, which amount shall not exceed 150 weeks (if the
16accidental injury occurs on or after the effective date of this
17amendatory Act of the 94th General Assembly but before February
181, 2006) or 162 weeks (if the accidental injury occurs on or
19after February 1, 2006) at the applicable rate provided in
20subparagraph 2.1 of paragraph (b) of this Section.
21    No compensation is payable under this paragraph where
22compensation is payable under paragraphs (d), (e) or (f) of
23this Section.
24    A duly appointed member of a fire department in a city, the
25population of which exceeds 500,000 according to the last
26federal or State census, is eligible for compensation under

 

 

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1this paragraph only where such serious and permanent
2disfigurement results from burns.
3    (d) 1. If, after the accidental injury has been sustained,
4the employee as a result thereof becomes partially
5incapacitated from pursuing his usual and customary line of
6employment, he shall, except in cases compensated under the
7specific schedule set forth in paragraph (e) of this Section,
8receive compensation for the duration of his disability,
9subject to the limitations as to maximum amounts fixed in
10paragraph (b) of this Section, equal to 66-2/3% of the
11difference between the average amount which he would be able to
12earn in the full performance of his duties in the occupation in
13which he was engaged at the time of the accident and the
14average amount which he is earning or is able to earn in some
15suitable employment or business after the accident. For
16accidental injuries that occur on or after September 1, 2011,
17an award for wage differential under this subsection shall be
18effective only until the employee reaches the age of 67 or 5
19years from the date the award becomes final, whichever is
20later.
21    2. If, as a result of the accident, the employee sustains
22serious and permanent injuries not covered by paragraphs (c)
23and (e) of this Section or having sustained injuries covered by
24the aforesaid paragraphs (c) and (e), he shall have sustained
25in addition thereto other injuries which injuries do not
26incapacitate him from pursuing the duties of his employment but

 

 

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1which would disable him from pursuing other suitable
2occupations, or which have otherwise resulted in physical
3impairment; or if such injuries partially incapacitate him from
4pursuing the duties of his usual and customary line of
5employment but do not result in an impairment of earning
6capacity, or having resulted in an impairment of earning
7capacity, the employee elects to waive his right to recover
8under the foregoing subparagraph 1 of paragraph (d) of this
9Section then in any of the foregoing events, he shall receive
10in addition to compensation for temporary total disability
11under paragraph (b) of this Section, compensation at the rate
12provided in subparagraph 2.1 of paragraph (b) of this Section
13for that percentage of 500 weeks that the partial disability
14resulting from the injuries covered by this paragraph bears to
15total disability. If the employee shall have sustained a
16fracture of one or more vertebra or fracture of the skull, the
17amount of compensation allowed under this Section shall be not
18less than 6 weeks for a fractured skull and 6 weeks for each
19fractured vertebra, and in the event the employee shall have
20sustained a fracture of any of the following facial bones:
21nasal, lachrymal, vomer, zygoma, maxilla, palatine or
22mandible, the amount of compensation allowed under this Section
23shall be not less than 2 weeks for each such fractured bone,
24and for a fracture of each transverse process not less than 3
25weeks. In the event such injuries shall result in the loss of a
26kidney, spleen or lung, the amount of compensation allowed

 

 

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1under this Section shall be not less than 10 weeks for each
2such organ. Compensation awarded under this subparagraph 2
3shall not take into consideration injuries covered under
4paragraphs (c) and (e) of this Section and the compensation
5provided in this paragraph shall not affect the employee's
6right to compensation payable under paragraphs (b), (c) and (e)
7of this Section for the disabilities therein covered.
8    (e) For accidental injuries in the following schedule, the
9employee shall receive compensation for the period of temporary
10total incapacity for work resulting from such accidental
11injury, under subparagraph 1 of paragraph (b) of this Section,
12and shall receive in addition thereto compensation for a
13further period for the specific loss herein mentioned, but
14shall not receive any compensation under any other provisions
15of this Act. The following listed amounts apply to either the
16loss of or the permanent and complete loss of use of the member
17specified, such compensation for the length of time as follows:
18        1. Thumb-
19            70 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            76 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        2. First, or index finger-
25            40 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

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1        94th General Assembly but before February 1, 2006.
2            43 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        3. Second, or middle finger-
5            35 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            38 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        4. Third, or ring finger-
11            25 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            27 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        5. Fourth, or little finger-
17            20 weeks if the accidental injury occurs on or
18        after the effective date of this amendatory Act of the
19        94th General Assembly but before February 1, 2006.
20            22 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        6. Great toe-
23            35 weeks if the accidental injury occurs on or
24        after the effective date of this amendatory Act of the
25        94th General Assembly but before February 1, 2006.
26            38 weeks if the accidental injury occurs on or

 

 

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1        after February 1, 2006.
2        7. Each toe other than great toe-
3            12 weeks if the accidental injury occurs on or
4        after the effective date of this amendatory Act of the
5        94th General Assembly but before February 1, 2006.
6            13 weeks if the accidental injury occurs on or
7        after February 1, 2006.
8        8. The loss of the first or distal phalanx of the thumb
9    or of any finger or toe shall be considered to be equal to
10    the loss of one-half of such thumb, finger or toe and the
11    compensation payable shall be one-half of the amount above
12    specified. The loss of more than one phalanx shall be
13    considered as the loss of the entire thumb, finger or toe.
14    In no case shall the amount received for more than one
15    finger exceed the amount provided in this schedule for the
16    loss of a hand.
17        9. Hand-
18            190 weeks if the accidental injury occurs on or
19        after the effective date of this amendatory Act of the
20        94th General Assembly but before February 1, 2006.
21            205 weeks if the accidental injury occurs on or
22        after February 1, 2006.
23            190 weeks if the accidental injury occurs on or
24        after June 28, 2011 (the effective date of Public Act
25        97-18) and if the accidental injury involves carpal
26        tunnel syndrome due to repetitive or cumulative

 

 

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1        trauma, in which case the permanent partial disability
2        shall not exceed 15% loss of use of the hand, except
3        for cause shown by clear and convincing evidence and in
4        which case the award shall not exceed 30% loss of use
5        of the hand.
6        The loss of 2 or more digits, or one or more phalanges
7    of 2 or more digits, of a hand may be compensated on the
8    basis of partial loss of use of a hand, provided, further,
9    that the loss of 4 digits, or the loss of use of 4 digits,
10    in the same hand shall constitute the complete loss of a
11    hand.
12        10. Arm-
13            235 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            253 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        Where an accidental injury results in the amputation of
19    an arm below the elbow, such injury shall be compensated as
20    a loss of an arm. Where an accidental injury results in the
21    amputation of an arm above the elbow, compensation for an
22    additional 15 weeks (if the accidental injury occurs on or
23    after the effective date of this amendatory Act of the 94th
24    General Assembly but before February 1, 2006) or an
25    additional 17 weeks (if the accidental injury occurs on or
26    after February 1, 2006) shall be paid, except where the

 

 

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1    accidental injury results in the amputation of an arm at
2    the shoulder joint, or so close to shoulder joint that an
3    artificial arm cannot be used, or results in the
4    disarticulation of an arm at the shoulder joint, in which
5    case compensation for an additional 65 weeks (if the
6    accidental injury occurs on or after the effective date of
7    this amendatory Act of the 94th General Assembly but before
8    February 1, 2006) or an additional 70 weeks (if the
9    accidental injury occurs on or after February 1, 2006)
10    shall be paid.
11        11. Foot-
12            155 weeks if the accidental injury occurs on or
13        after the effective date of this amendatory Act of the
14        94th General Assembly but before February 1, 2006.
15            167 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        12. Leg-
18            200 weeks if the accidental injury occurs on or
19        after the effective date of this amendatory Act of the
20        94th General Assembly but before February 1, 2006.
21            215 weeks if the accidental injury occurs on or
22        after February 1, 2006.
23        Where an accidental injury results in the amputation of
24    a leg below the knee, such injury shall be compensated as
25    loss of a leg. Where an accidental injury results in the
26    amputation of a leg above the knee, compensation for an

 

 

SB3091- 21 -LRB100 18924 JLS 34170 b

1    additional 25 weeks (if the accidental injury occurs on or
2    after the effective date of this amendatory Act of the 94th
3    General Assembly but before February 1, 2006) or an
4    additional 27 weeks (if the accidental injury occurs on or
5    after February 1, 2006) shall be paid, except where the
6    accidental injury results in the amputation of a leg at the
7    hip joint, or so close to the hip joint that an artificial
8    leg cannot be used, or results in the disarticulation of a
9    leg at the hip joint, in which case compensation for an
10    additional 75 weeks (if the accidental injury occurs on or
11    after the effective date of this amendatory Act of the 94th
12    General Assembly but before February 1, 2006) or an
13    additional 81 weeks (if the accidental injury occurs on or
14    after February 1, 2006) shall be paid.
15        13. Eye-
16            150 weeks if the accidental injury occurs on or
17        after the effective date of this amendatory Act of the
18        94th General Assembly but before February 1, 2006.
19            162 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        Where an accidental injury results in the enucleation
22    of an eye, compensation for an additional 10 weeks (if the
23    accidental injury occurs on or after the effective date of
24    this amendatory Act of the 94th General Assembly but before
25    February 1, 2006) or an additional 11 weeks (if the
26    accidental injury occurs on or after February 1, 2006)

 

 

SB3091- 22 -LRB100 18924 JLS 34170 b

1    shall be paid.
2        14. Loss of hearing of one ear-
3            50 weeks if the accidental injury occurs on or
4        after the effective date of this amendatory Act of the
5        94th General Assembly but before February 1, 2006.
6            54 weeks if the accidental injury occurs on or
7        after February 1, 2006.
8        Total and permanent loss of hearing of both ears-
9            200 weeks if the accidental injury occurs on or
10        after the effective date of this amendatory Act of the
11        94th General Assembly but before February 1, 2006.
12            215 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        15. Testicle-
15            50 weeks if the accidental injury occurs on or
16        after the effective date of this amendatory Act of the
17        94th General Assembly but before February 1, 2006.
18            54 weeks if the accidental injury occurs on or
19        after February 1, 2006.
20        Both testicles-
21            150 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            162 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        16. For the permanent partial loss of use of a member

 

 

SB3091- 23 -LRB100 18924 JLS 34170 b

1    or sight of an eye, or hearing of an ear, compensation
2    during that proportion of the number of weeks in the
3    foregoing schedule provided for the loss of such member or
4    sight of an eye, or hearing of an ear, which the partial
5    loss of use thereof bears to the total loss of use of such
6    member, or sight of eye, or hearing of an ear.
7            (a) Loss of hearing for compensation purposes
8        shall be confined to the frequencies of 1,000, 2,000
9        and 3,000 cycles per second. Loss of hearing ability
10        for frequency tones above 3,000 cycles per second are
11        not to be considered as constituting disability for
12        hearing.
13            (b) The percent of hearing loss, for purposes of
14        the determination of compensation claims for
15        occupational deafness, shall be calculated as the
16        average in decibels for the thresholds of hearing for
17        the frequencies of 1,000, 2,000 and 3,000 cycles per
18        second. Pure tone air conduction audiometric
19        instruments, approved by nationally recognized
20        authorities in this field, shall be used for measuring
21        hearing loss. If the losses of hearing average 30
22        decibels or less in the 3 frequencies, such losses of
23        hearing shall not then constitute any compensable
24        hearing disability. If the losses of hearing average 85
25        decibels or more in the 3 frequencies, then the same
26        shall constitute and be total or 100% compensable

 

 

SB3091- 24 -LRB100 18924 JLS 34170 b

1        hearing loss.
2            (c) In measuring hearing impairment, the lowest
3        measured losses in each of the 3 frequencies shall be
4        added together and divided by 3 to determine the
5        average decibel loss. For every decibel of loss
6        exceeding 30 decibels an allowance of 1.82% shall be
7        made up to the maximum of 100% which is reached at 85
8        decibels.
9            (d) If a hearing loss is established to have
10        existed on July 1, 1975 by audiometric testing the
11        employer shall not be liable for the previous loss so
12        established nor shall he be liable for any loss for
13        which compensation has been paid or awarded.
14            (e) No consideration shall be given to the question
15        of whether or not the ability of an employee to
16        understand speech is improved by the use of a hearing
17        aid.
18            (f) No claim for loss of hearing due to industrial
19        noise shall be brought against an employer or allowed
20        unless the employee has been exposed for a period of
21        time sufficient to cause permanent impairment to noise
22        levels in excess of the following:
23Sound Level DBA
24Slow ResponseHours Per Day
25908
26926

 

 

SB3091- 25 -LRB100 18924 JLS 34170 b

1954
2973
31002
41021-1/2
51051
61101/2
71151/4
8        This subparagraph (f) shall not be applied in cases of
9    hearing loss resulting from trauma or explosion.
10        17. In computing the compensation to be paid to any
11    employee who, before the accident for which he claims
12    compensation, had before that time sustained an injury
13    resulting in the loss by amputation or partial loss by
14    amputation of any member, including hand, arm, thumb or
15    fingers, leg, foot or any toes, such loss or partial loss
16    of any such member shall be deducted from any award made
17    for the subsequent injury. For the permanent loss of use or
18    the permanent partial loss of use of any such member or the
19    partial loss of sight of an eye, for which compensation has
20    been paid, then such loss shall be taken into consideration
21    and deducted from any award for the subsequent injury.
22        18. The specific case of loss of both hands, both arms,
23    or both feet, or both legs, or both eyes, or of any two
24    thereof, or the permanent and complete loss of the use
25    thereof, constitutes total and permanent disability, to be
26    compensated according to the compensation fixed by

 

 

SB3091- 26 -LRB100 18924 JLS 34170 b

1    paragraph (f) of this Section. These specific cases of
2    total and permanent disability do not exclude other cases.
3        Any employee who has previously suffered the loss or
4    permanent and complete loss of the use of any of such
5    members, and in a subsequent independent accident loses
6    another or suffers the permanent and complete loss of the
7    use of any one of such members the employer for whom the
8    injured employee is working at the time of the last
9    independent accident is liable to pay compensation only for
10    the loss or permanent and complete loss of the use of the
11    member occasioned by the last independent accident.
12        19. In a case of specific loss and the subsequent death
13    of such injured employee from other causes than such injury
14    leaving a widow, widower, or dependents surviving before
15    payment or payment in full for such injury, then the amount
16    due for such injury is payable to the widow or widower and,
17    if there be no widow or widower, then to such dependents,
18    in the proportion which such dependency bears to total
19    dependency.
20    Beginning July 1, 1980, and every 6 months thereafter, the
21Commission shall examine the Second Injury Fund and when, after
22deducting all advances or loans made to such Fund, the amount
23therein is $500,000 then the amount required to be paid by
24employers pursuant to paragraph (f) of Section 7 shall be
25reduced by one-half. When the Second Injury Fund reaches the
26sum of $600,000 then the payments shall cease entirely.

 

 

SB3091- 27 -LRB100 18924 JLS 34170 b

1However, when the Second Injury Fund has been reduced to
2$400,000, payment of one-half of the amounts required by
3paragraph (f) of Section 7 shall be resumed, in the manner
4herein provided, and when the Second Injury Fund has been
5reduced to $300,000, payment of the full amounts required by
6paragraph (f) of Section 7 shall be resumed, in the manner
7herein provided. The Commission shall make the changes in
8payment effective by general order, and the changes in payment
9become immediately effective for all cases coming before the
10Commission thereafter either by settlement agreement or final
11order, irrespective of the date of the accidental injury.
12    On August 1, 1996 and on February 1 and August 1 of each
13subsequent year, the Commission shall examine the special fund
14designated as the "Rate Adjustment Fund" and when, after
15deducting all advances or loans made to said fund, the amount
16therein is $4,000,000, the amount required to be paid by
17employers pursuant to paragraph (f) of Section 7 shall be
18reduced by one-half. When the Rate Adjustment Fund reaches the
19sum of $5,000,000 the payment therein shall cease entirely.
20However, when said Rate Adjustment Fund has been reduced to
21$3,000,000 the amounts required by paragraph (f) of Section 7
22shall be resumed in the manner herein provided.
23    (f) In case of complete disability, which renders the
24employee wholly and permanently incapable of work, or in the
25specific case of total and permanent disability as provided in
26subparagraph 18 of paragraph (e) of this Section, compensation

 

 

SB3091- 28 -LRB100 18924 JLS 34170 b

1shall be payable at the rate provided in subparagraph 2 of
2paragraph (b) of this Section for life.
3    An employee entitled to benefits under paragraph (f) of
4this Section shall also be entitled to receive from the Rate
5Adjustment Fund provided in paragraph (f) of Section 7 of the
6supplementary benefits provided in paragraph (g) of this
7Section 8.
8    If any employee who receives an award under this paragraph
9afterwards returns to work or is able to do so, and earns or is
10able to earn as much as before the accident, payments under
11such award shall cease. If such employee returns to work, or is
12able to do so, and earns or is able to earn part but not as much
13as before the accident, such award shall be modified so as to
14conform to an award under paragraph (d) of this Section. If
15such award is terminated or reduced under the provisions of
16this paragraph, such employees have the right at any time
17within 30 months after the date of such termination or
18reduction to file petition with the Commission for the purpose
19of determining whether any disability exists as a result of the
20original accidental injury and the extent thereof.
21    Disability as enumerated in subdivision 18, paragraph (e)
22of this Section is considered complete disability.
23    If an employee who had previously incurred loss or the
24permanent and complete loss of use of one member, through the
25loss or the permanent and complete loss of the use of one hand,
26one arm, one foot, one leg, or one eye, incurs permanent and

 

 

SB3091- 29 -LRB100 18924 JLS 34170 b

1complete disability through the loss or the permanent and
2complete loss of the use of another member, he shall receive,
3in addition to the compensation payable by the employer and
4after such payments have ceased, an amount from the Second
5Injury Fund provided for in paragraph (f) of Section 7, which,
6together with the compensation payable from the employer in
7whose employ he was when the last accidental injury was
8incurred, will equal the amount payable for permanent and
9complete disability as provided in this paragraph of this
10Section.
11    The custodian of the Second Injury Fund provided for in
12paragraph (f) of Section 7 shall be joined with the employer as
13a party respondent in the application for adjustment of claim.
14The application for adjustment of claim shall state briefly and
15in general terms the approximate time and place and manner of
16the loss of the first member.
17    In its award the Commission or the Arbitrator shall
18specifically find the amount the injured employee shall be
19weekly paid, the number of weeks compensation which shall be
20paid by the employer, the date upon which payments begin out of
21the Second Injury Fund provided for in paragraph (f) of Section
227 of this Act, the length of time the weekly payments continue,
23the date upon which the pension payments commence and the
24monthly amount of the payments. The Commission shall 30 days
25after the date upon which payments out of the Second Injury
26Fund have begun as provided in the award, and every month

 

 

SB3091- 30 -LRB100 18924 JLS 34170 b

1thereafter, prepare and submit to the State Comptroller a
2voucher for payment for all compensation accrued to that date
3at the rate fixed by the Commission. The State Comptroller
4shall draw a warrant to the injured employee along with a
5receipt to be executed by the injured employee and returned to
6the Commission. The endorsed warrant and receipt is a full and
7complete acquittance to the Commission for the payment out of
8the Second Injury Fund. No other appropriation or warrant is
9necessary for payment out of the Second Injury Fund. The Second
10Injury Fund is appropriated for the purpose of making payments
11according to the terms of the awards.
12    As of July 1, 1980 to July 1, 1982, all claims against and
13obligations of the Second Injury Fund shall become claims
14against and obligations of the Rate Adjustment Fund to the
15extent there is insufficient money in the Second Injury Fund to
16pay such claims and obligations. In that case, all references
17to "Second Injury Fund" in this Section shall also include the
18Rate Adjustment Fund.
19    (g) Every award for permanent total disability entered by
20the Commission on and after July 1, 1965 under which
21compensation payments shall become due and payable after the
22effective date of this amendatory Act, and every award for
23death benefits or permanent total disability entered by the
24Commission on and after the effective date of this amendatory
25Act shall be subject to annual adjustments as to the amount of
26the compensation rate therein provided. Such adjustments shall

 

 

SB3091- 31 -LRB100 18924 JLS 34170 b

1first be made on July 15, 1977, and all awards made and entered
2prior to July 1, 1975 and on July 15 of each year thereafter.
3In all other cases such adjustment shall be made on July 15 of
4the second year next following the date of the entry of the
5award and shall further be made on July 15 annually thereafter.
6If during the intervening period from the date of the entry of
7the award, or the last periodic adjustment, there shall have
8been an increase in the State's average weekly wage in covered
9industries under the Unemployment Insurance Act, the weekly
10compensation rate shall be proportionately increased by the
11same percentage as the percentage of increase in the State's
12average weekly wage in covered industries under the
13Unemployment Insurance Act. The increase in the compensation
14rate under this paragraph shall in no event bring the total
15compensation rate to an amount greater than the prevailing
16maximum rate at the time that the annual adjustment is made.
17Such increase shall be paid in the same manner as herein
18provided for payments under the Second Injury Fund to the
19injured employee, or his dependents, as the case may be, out of
20the Rate Adjustment Fund provided in paragraph (f) of Section 7
21of this Act. Payments shall be made at the same intervals as
22provided in the award or, at the option of the Commission, may
23be made in quarterly payment on the 15th day of January, April,
24July and October of each year. In the event of a decrease in
25such average weekly wage there shall be no change in the then
26existing compensation rate. The within paragraph shall not

 

 

SB3091- 32 -LRB100 18924 JLS 34170 b

1apply to cases where there is disputed liability and in which a
2compromise lump sum settlement between the employer and the
3injured employee, or his dependents, as the case may be, has
4been duly approved by the Illinois Workers' Compensation
5Commission.
6    Provided, that in cases of awards entered by the Commission
7for injuries occurring before July 1, 1975, the increases in
8the compensation rate adjusted under the foregoing provision of
9this paragraph (g) shall be limited to increases in the State's
10average weekly wage in covered industries under the
11Unemployment Insurance Act occurring after July 1, 1975.
12    For every accident occurring on or after July 20, 2005 but
13before the effective date of this amendatory Act of the 94th
14General Assembly (Senate Bill 1283 of the 94th General
15Assembly), the annual adjustments to the compensation rate in
16awards for death benefits or permanent total disability, as
17provided in this Act, shall be paid by the employer. The
18adjustment shall be made by the employer on July 15 of the
19second year next following the date of the entry of the award
20and shall further be made on July 15 annually thereafter. If
21during the intervening period from the date of the entry of the
22award, or the last periodic adjustment, there shall have been
23an increase in the State's average weekly wage in covered
24industries under the Unemployment Insurance Act, the employer
25shall increase the weekly compensation rate proportionately by
26the same percentage as the percentage of increase in the

 

 

SB3091- 33 -LRB100 18924 JLS 34170 b

1State's average weekly wage in covered industries under the
2Unemployment Insurance Act. The increase in the compensation
3rate under this paragraph shall in no event bring the total
4compensation rate to an amount greater than the prevailing
5maximum rate at the time that the annual adjustment is made. In
6the event of a decrease in such average weekly wage there shall
7be no change in the then existing compensation rate. Such
8increase shall be paid by the employer in the same manner and
9at the same intervals as the payment of compensation in the
10award. This paragraph shall not apply to cases where there is
11disputed liability and in which a compromise lump sum
12settlement between the employer and the injured employee, or
13his or her dependents, as the case may be, has been duly
14approved by the Illinois Workers' Compensation Commission.
15    The annual adjustments for every award of death benefits or
16permanent total disability involving accidents occurring
17before July 20, 2005 and accidents occurring on or after the
18effective date of this amendatory Act of the 94th General
19Assembly (Senate Bill 1283 of the 94th General Assembly) shall
20continue to be paid from the Rate Adjustment Fund pursuant to
21this paragraph and Section 7(f) of this Act.
22    (h) In case death occurs from any cause before the total
23compensation to which the employee would have been entitled has
24been paid, then in case the employee leaves any widow, widower,
25child, parent (or any grandchild, grandparent or other lineal
26heir or any collateral heir dependent at the time of the

 

 

SB3091- 34 -LRB100 18924 JLS 34170 b

1accident upon the earnings of the employee to the extent of 50%
2or more of total dependency) such compensation shall be paid to
3the beneficiaries of the deceased employee and distributed as
4provided in paragraph (g) of Section 7.
5    (h-1) In case an injured employee is under legal disability
6at the time when any right or privilege accrues to him or her
7under this Act, a guardian may be appointed pursuant to law,
8and may, on behalf of such person under legal disability, claim
9and exercise any such right or privilege with the same effect
10as if the employee himself or herself had claimed or exercised
11the right or privilege. No limitations of time provided by this
12Act run so long as the employee who is under legal disability
13is without a conservator or guardian.
14    (i) In case the injured employee is under 16 years of age
15at the time of the accident and is illegally employed, the
16amount of compensation payable under paragraphs (b), (c), (d),
17(e) and (f) of this Section is increased 50%.
18    However, where an employer has on file an employment
19certificate issued pursuant to the Child Labor Law or work
20permit issued pursuant to the Federal Fair Labor Standards Act,
21as amended, or a birth certificate properly and duly issued,
22such certificate, permit or birth certificate is conclusive
23evidence as to the age of the injured minor employee for the
24purposes of this Section.
25    Nothing herein contained repeals or amends the provisions
26of the Child Labor Law relating to the employment of minors

 

 

SB3091- 35 -LRB100 18924 JLS 34170 b

1under the age of 16 years.
2    (j) 1. In the event the injured employee receives benefits,
3including medical, surgical or hospital benefits under any
4group plan covering non-occupational disabilities contributed
5to wholly or partially by the employer, which benefits should
6not have been payable if any rights of recovery existed under
7this Act, then such amounts so paid to the employee from any
8such group plan as shall be consistent with, and limited to,
9the provisions of paragraph 2 hereof, shall be credited to or
10against any compensation payment for temporary total
11incapacity for work or any medical, surgical or hospital
12benefits made or to be made under this Act. In such event, the
13period of time for giving notice of accidental injury and
14filing application for adjustment of claim does not commence to
15run until the termination of such payments. This paragraph does
16not apply to payments made under any group plan which would
17have been payable irrespective of an accidental injury under
18this Act. Any employer receiving such credit shall keep such
19employee safe and harmless from any and all claims or
20liabilities that may be made against him by reason of having
21received such payments only to the extent of such credit.
22    Any excess benefits paid to or on behalf of a State
23employee by the State Employees' Retirement System under
24Article 14 of the Illinois Pension Code on a death claim or
25disputed disability claim shall be credited against any
26payments made or to be made by the State of Illinois to or on

 

 

SB3091- 36 -LRB100 18924 JLS 34170 b

1behalf of such employee under this Act, except for payments for
2medical expenses which have already been incurred at the time
3of the award. The State of Illinois shall directly reimburse
4the State Employees' Retirement System to the extent of such
5credit.
6    2. Nothing contained in this Act shall be construed to give
7the employer or the insurance carrier the right to credit for
8any benefits or payments received by the employee other than
9compensation payments provided by this Act, and where the
10employee receives payments other than compensation payments,
11whether as full or partial salary, group insurance benefits,
12bonuses, annuities or any other payments, the employer or
13insurance carrier shall receive credit for each such payment
14only to the extent of the compensation that would have been
15payable during the period covered by such payment.
16    3. The extension of time for the filing of an Application
17for Adjustment of Claim as provided in paragraph 1 above shall
18not apply to those cases where the time for such filing had
19expired prior to the date on which payments or benefits
20enumerated herein have been initiated or resumed. Provided
21however that this paragraph 3 shall apply only to cases wherein
22the payments or benefits hereinabove enumerated shall be
23received after July 1, 1969.
24    (k) With respect to claims arising after the effective date
25of this amendatory Act of the 100th General Assembly, excluding
26claims the payment of which is made pursuant to subsection (a),

 

 

SB3091- 37 -LRB100 18924 JLS 34170 b

1the arbitrator shall reduce the award based upon the degree to
2which the work-related injury resulted from the actions or a
3pre-existing condition of the claimant.
4(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
5eff. 7-13-12.)