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90_SB0582
820 ILCS 305/19 from Ch. 48, par. 138.19
Amends the Workers' Compensation Act. Provides that the
Industrial Commission shall create one or more 3-person
panels of professional persons experienced in the evaluation
of workplace injuries. A panel shall hear applications for
adjustment of claim, upon the agreement of the parties to
submit the matter to a panel, in an informal and
non-technical manner so that parties may present evidence and
arguments without the need of legal counsel.
LRB9002259WHmg
LRB9002259WHmg
1 AN ACT to amend the Workers' Compensation Act by changing
2 Section 19.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 changing Section 19 as follows:
7 (820 ILCS 305/19) (from Ch. 48, par. 138.19)
8 Sec. 19. Any disputed questions of law or fact shall be
9 determined as herein provided.
10 (a) It shall be the duty of the Commission upon
11 notification that the parties have failed to reach an
12 agreement, to designate an Arbitrator.
13 1. Whenever any claimant misconceives his remedy
14 and files an application for adjustment of claim under
15 this Act and it is subsequently discovered, at any time
16 before final disposition of such cause, that the claim
17 for disability or death which was the basis for such
18 application should properly have been made under the
19 Workers' Occupational Diseases Act, then the provisions
20 of Section 19, paragraph (a-1) of the Workers'
21 Occupational Diseases Act having reference to such
22 application shall apply.
23 2. Whenever any claimant misconceives his remedy
24 and files an application for adjustment of claim under
25 the Workers' Occupational Diseases Act and it is
26 subsequently discovered, at any time before final
27 disposition of such cause that the claim for injury or
28 death which was the basis for such application should
29 properly have been made under this Act, then the
30 application so filed under the Workers' Occupational
31 Diseases Act may be amended in form, substance or both to
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1 assert claim for such disability or death under this Act
2 and it shall be deemed to have been so filed as amended
3 on the date of the original filing thereof, and such
4 compensation may be awarded as is warranted by the whole
5 evidence pursuant to this Act. When such amendment is
6 submitted, further or additional evidence may be heard by
7 the Arbitrator or Commission when deemed necessary.
8 Nothing in this Section contained shall be construed to
9 be or permit a waiver of any provisions of this Act with
10 reference to notice but notice if given shall be deemed
11 to be a notice under the provisions of this Act if given
12 within the time required herein.
13 (b) The Arbitrator shall make such inquiries and
14 investigations as he or they shall deem necessary and may
15 examine and inspect all books, papers, records, places, or
16 premises relating to the questions in dispute and hear such
17 proper evidence as the parties may submit.
18 The hearings before the Arbitrator shall be held in the
19 vicinity where the injury occurred after 10 days' notice of
20 the time and place of such hearing shall have been given to
21 each of the parties or their attorneys of record.
22 The Arbitrator may find that the disabling condition is
23 temporary and has not yet reached a permanent condition and
24 may order the payment of compensation up to the date of the
25 hearing, which award shall be reviewable and enforceable in
26 the same manner as other awards, and in no instance be a bar
27 to a further hearing and determination of a further amount of
28 temporary total compensation or of compensation for permanent
29 disability, but shall be conclusive as to all other questions
30 except the nature and extent of said disability.
31 The decision of the Arbitrator shall be filed with the
32 Commission which Commission shall immediately send to each
33 party or his attorney a copy of such decision, together with
34 a notification of the time when it was filed. Beginning
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1 January 1, 1981, all decisions of the Arbitrator shall set
2 forth in writing findings of fact and conclusions of law,
3 separately stated. Unless a petition for review is filed by
4 either party within 30 days after the receipt by such party
5 of the copy of the decision and notification of time when
6 filed, and unless such party petitioning for a review shall
7 within 35 days after the receipt by him of the copy of the
8 decision, file with the Commission either an agreed statement
9 of the facts appearing upon the hearing before the
10 Arbitrator, or if such party shall so elect a correct
11 transcript of evidence of the proceedings at such hearings,
12 then the decision shall become the decision of the Commission
13 and in the absence of fraud shall be conclusive. The Petition
14 for Review shall contain a statement of the petitioning
15 party's specific exceptions to the decision of the
16 arbitrator. The jurisdiction of the Commission to review the
17 decision of the arbitrator shall not be limited to the
18 exceptions stated in the Petition for Review. The Commission,
19 or any member thereof, may grant further time not exceeding
20 30 days, in which to file such agreed statement or transcript
21 of evidence. Such agreed statement of facts or correct
22 transcript of evidence, as the case may be, shall be
23 authenticated by the signatures of the parties or their
24 attorneys, and in the event they do not agree as to the
25 correctness of the transcript of evidence it shall be
26 authenticated by the signature of the Arbitrator designated
27 by the Commission.
28 (b-1) If the employee is not receiving medical, surgical
29 or hospital services as provided in paragraph (a) of Section
30 8 or compensation as provided in paragraph (b) of Section 8,
31 the employee, in accordance with Commission Rules, may file a
32 petition for an emergency hearing by an Arbitrator on the
33 issue of whether or not he is entitled to receive payment of
34 such compensation or services as provided therein. Such
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1 petition shall have priority over all other petitions and
2 shall be heard by the Arbitrator and Commission with all
3 convenient speed.
4 Such petition shall contain the following information and
5 shall be served on the employer at least 15 days before it is
6 filed:
7 (i) the date and approximate time of accident;
8 (ii) the approximate location of the accident;
9 (iii) a description of the accident;
10 (iv) the nature of the injury incurred by the
11 employee;
12 (v) the identity of the person, if known, to whom
13 the accident was reported and the date on which it was
14 reported;
15 (vi) the name and title of the person, if known,
16 representing the employer with whom the employee
17 conferred in any effort to obtain compensation pursuant
18 to paragraph (b) of Section 8 of this Act or medical,
19 surgical or hospital services pursuant to paragraph (a)
20 of Section 8 of this Act and the date of such conference;
21 (vii) a statement that the employer has refused to
22 pay compensation pursuant to paragraph (b) of Section 8
23 of this Act or for medical, surgical or hospital services
24 pursuant to paragraph (a) of Section 8 of this Act;
25 (viii) the name and address, if known, of each
26 witness to the accident and of each other person upon
27 whom the employee will rely to support his allegations;
28 (ix) the dates of treatment related to the accident
29 by medical practitioners, and the names and addresses of
30 such practitioners, including the dates of treatment
31 related to the accident at any hospitals and the names
32 and addresses of such hospitals, and a signed
33 authorization permitting the employer to examine all
34 medical records of all practitioners and hospitals named
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1 pursuant to this paragraph;
2 (x) a copy of a signed report by a medical
3 practitioner, relating to the employee's current
4 inability to return to work because of the injuries
5 incurred as a result of the accident or such other
6 documents or affidavits which show that the employee is
7 entitled to receive compensation pursuant to paragraph
8 (b) of Section 8 of this Act or medical, surgical or
9 hospital services pursuant to paragraph (a) of Section 8
10 of this Act. Such reports, documents or affidavits shall
11 state, if possible, the history of the accident given by
12 the employee, and describe the injury and medical
13 diagnosis, the medical services for such injury which the
14 employee has received and is receiving, the physical
15 activities which the employee cannot currently perform as
16 a result of any impairment or disability due to such
17 injury, and the prognosis for recovery;
18 (xi) complete copies of any reports, records,
19 documents and affidavits in the possession of the
20 employee on which the employee will rely to support his
21 allegations, provided that the employer shall pay the
22 reasonable cost of reproduction thereof;
23 (xii) a list of any reports, records, documents and
24 affidavits which the employee has demanded by subpoena
25 and on which he intends to rely to support his
26 allegations;
27 (xiii) a certification signed by the employee or
28 his representative that the employer has received the
29 petition with the required information 15 days before
30 filing.
31 Fifteen days after receipt by the employer of the
32 petition with the required information the employee may file
33 said petition and required information and shall serve notice
34 of the filing upon the employer. The employer may file a
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1 motion addressed to the sufficiency of the petition. If an
2 objection has been filed to the sufficiency of the petition,
3 the arbitrator shall rule on the objection within 2 working
4 days. If such an objection is filed, the time for filing the
5 final decision of the Commission as provided in this
6 paragraph shall be tolled until the arbitrator has determined
7 that the petition is sufficient.
8 The employer shall, within 15 days after receipt of the
9 notice that such petition is filed, file with the Commission
10 and serve on the employee or his representative a written
11 response to each claim set forth in the petition, including
12 the legal and factual basis for each disputed allegation and
13 the following information: (i) complete copies of any
14 reports, records, documents and affidavits in the possession
15 of the employer on which the employer intends to rely in
16 support of his response, (ii) a list of any reports, records,
17 documents and affidavits which the employer has demanded by
18 subpoena and on which the employer intends to rely in support
19 of his response, (iii) the name and address of each witness
20 on whom the employer will rely to support his response, and
21 (iv) the names and addresses of any medical practitioners
22 selected by the employer pursuant to Section 12 of this Act
23 and the time and place of any examination scheduled to be
24 made pursuant to such Section.
25 Any employer who does not timely file and serve a written
26 response without good cause may not introduce any evidence to
27 dispute any claim of the employee but may cross examine the
28 employee or any witness brought by the employee and otherwise
29 be heard.
30 No document or other evidence not previously identified
31 by either party with the petition or written response, or by
32 any other means before the hearing, may be introduced into
33 evidence without good cause. If, at the hearing, material
34 information is discovered which was not previously disclosed,
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1 the Arbitrator may extend the time for closing proof on the
2 motion of a party for a reasonable period of time which may
3 be more than 30 days. No evidence may be introduced pursuant
4 to this paragraph as to permanent disability. No award may
5 be entered for permanent disability pursuant to this
6 paragraph. Either party may introduce into evidence the
7 testimony taken by deposition of any medical practitioner.
8 The Commission shall adopt rules, regulations and
9 procedures whereby the final decision of the Commission is
10 filed not later than 90 days from the date the petition for
11 review is filed but in no event later than 180 days from the
12 date the petition for an emergency hearing is filed with the
13 Industrial Commission.
14 All service required pursuant to this paragraph (b-1)
15 must be by personal service or by certified mail and with
16 evidence of receipt. In addition for the purposes of this
17 paragraph, all service on the employer must be at the
18 premises where the accident occurred if the premises are
19 owned or operated by the employer. Otherwise service must be
20 at the employee's principal place of employment by the
21 employer. If service on the employer is not possible at
22 either of the above, then service shall be at the employer's
23 principal place of business. After initial service in each
24 case, service shall be made on the employer's attorney or
25 designated representative.
26 (c) (1) At a reasonable time in advance of and in
27 connection with the hearing under Section 19(e) or 19(h), the
28 Commission may on its own motion order an impartial physical
29 or mental examination of a petitioner whose mental or
30 physical condition is in issue, when in the Commission's
31 discretion it appears that such an examination will
32 materially aid in the just determination of the case. The
33 examination shall be made by a member or members of a panel
34 of physicians chosen for their special qualifications by the
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1 Illinois State Medical Society. The Commission shall
2 establish procedures by which a physician shall be selected
3 from such list.
4 (2) Should the Commission at any time during the hearing
5 find that compelling considerations make it advisable to have
6 an examination and report at that time, the commission may in
7 its discretion so order.
8 (3) A copy of the report of examination shall be given
9 to the Commission and to the attorneys for the parties.
10 (4) Either party or the Commission may call the
11 examining physician or physicians to testify. Any physician
12 so called shall be subject to cross-examination.
13 (5) The examination shall be made, and the physician or
14 physicians, if called, shall testify, without cost to the
15 parties. The Commission shall determine the compensation and
16 the pay of the physician or physicians. The compensation for
17 this service shall not exceed the usual and customary amount
18 for such service.
19 (6) The fees and payment thereof of all attorneys and
20 physicians for services authorized by the Commission under
21 this Act shall, upon request of either the employer or the
22 employee or the beneficiary affected, be subject to the
23 review and decision of the Commission.
24 (d) If any employee shall persist in insanitary or
25 injurious practices which tend to either imperil or retard
26 his recovery or shall refuse to submit to such medical,
27 surgical, or hospital treatment as is reasonably essential to
28 promote his recovery, the Commission may, in its discretion,
29 reduce or suspend the compensation of any such injured
30 employee. However, when an employer and employee so agree in
31 writing, the foregoing provision shall not be construed to
32 authorize the reduction or suspension of compensation of an
33 employee who is relying in good faith, on treatment by prayer
34 or spiritual means alone, in accordance with the tenets and
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1 practice of a recognized church or religious denomination, by
2 a duly accredited practitioner thereof.
3 (e) This paragraph shall apply to all hearings before
4 the Commission. Such hearings may be held in its office or
5 elsewhere as the Commission may deem advisable. The taking
6 of testimony on such hearings may be had before any member of
7 the Commission. If a petition for review and agreed statement
8 of facts or transcript of evidence is filed, as provided
9 herein, the Commission shall promptly review the decision of
10 the Arbitrator and all questions of law or fact which appear
11 from the statement of facts or transcript of evidence.
12 In all cases in which the hearing before the arbitrator
13 is held after December 18, 1989, no additional evidence shall
14 be introduced by the parties before the Commission on review
15 of the decision of the Arbitrator. In reviewing decisions of
16 an arbitrator the Commission shall award such temporary
17 compensation, permanent compensation and other payments as
18 are due under this Act. The Commission shall file in its
19 office its decision thereon, and shall immediately send to
20 each party or his attorney a copy of such decision and a
21 notification of the time when it was filed. Decisions shall
22 be filed within 60 days after the Statement of Exceptions and
23 Supporting Brief and Response thereto are required to be
24 filed or oral argument whichever is later.
25 In the event either party requests oral argument, such
26 argument shall be had before a panel of 3 members of the
27 Commission (or before all available members pursuant to the
28 determination of 5 members of the Commission that such
29 argument be held before all available members of the
30 Commission) pursuant to the rules and regulations of the
31 Commission. A panel of 3 members, which shall be comprised
32 of not more than one representative citizen of the employing
33 class and not more than one representative citizen of the
34 employee class, shall hear the argument; provided that if all
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1 the issues in dispute are solely the nature and extent of the
2 permanent partial disability, if any, a majority of the panel
3 may deny the request for such argument and such argument
4 shall not be held; and provided further that 5 members of the
5 Commission may determine that the argument be held before all
6 available members of the Commission. A decision of the
7 Commission shall be approved by a majority of Commissioners
8 present at such hearing if any; provided, if no such hearing
9 is held, a decision of the Commission shall be approved by a
10 majority of a panel of 3 members of the Commission as
11 described in this Section. The Commission shall give 10
12 days' notice to the parties or their attorneys of the time
13 and place of such taking of testimony and of such argument.
14 In any case the Commission in its decision may find
15 specially upon any question or questions of law or fact which
16 shall be submitted in writing by either party whether
17 ultimate or otherwise; provided that on issues other than
18 nature and extent of the disability, if any, the Commission
19 in its decision shall find specially upon any question or
20 questions of law or fact, whether ultimate or otherwise,
21 which are submitted in writing by either party; provided
22 further that not more than 5 such questions may be submitted
23 by either party. Any party may, within 20 days after receipt
24 of notice of the Commission's decision, or within such
25 further time, not exceeding 30 days, as the Commission may
26 grant, file with the Commission either an agreed statement of
27 the facts appearing upon the hearing, or, if such party shall
28 so elect, a correct transcript of evidence of the additional
29 proceedings presented before the Commission, in which report
30 the party may embody a correct statement of such other
31 proceedings in the case as such party may desire to have
32 reviewed, such statement of facts or transcript of evidence
33 to be authenticated by the signature of the parties or their
34 attorneys, and in the event that they do not agree, then the
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1 authentication of such transcript of evidence shall be by the
2 signature of any member of the Commission.
3 If a reporter does not for any reason furnish a
4 transcript of the proceedings before the Arbitrator in any
5 case for use on a hearing for review before the Commission,
6 within the limitations of time as fixed in this Section, the
7 Commission may, in its discretion, order a trial de novo
8 before the Commission in such case upon application of either
9 party. The applications for adjustment of claim and other
10 documents in the nature of pleadings filed by either party,
11 together with the decisions of the Arbitrator and of the
12 Commission and the statement of facts or transcript of
13 evidence hereinbefore provided for in paragraphs (b) and (c)
14 shall be the record of the proceedings of the Commission, and
15 shall be subject to review as hereinafter provided.
16 At the request of either party or on its own motion, the
17 Commission shall set forth in writing the reasons for the
18 decision, including findings of fact and conclusions of law
19 separately stated. The Commission shall by rule adopt a
20 format for written decisions for the Commission and
21 arbitrators. The written decisions shall be concise and shall
22 succinctly state the facts and reasons for the decision. The
23 Commission may adopt in whole or in part, the decision of the
24 arbitrator as the decision of the Commission. When the
25 Commission does so adopt the decision of the arbitrator, it
26 shall do so by order. Whenever the Commission adopts part of
27 the arbitrator's decision, but not all, it shall include in
28 the order the reasons for not adopting all of the
29 arbitrator's decision. When a majority of a panel, after
30 deliberation, has arrived at its decision, the decision shall
31 be filed as provided in this Section without unnecessary
32 delay, and without regard to the fact that a member of the
33 panel has expressed an intention to dissent. Any member of
34 the panel may file a dissent. Any dissent shall be filed no
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1 later than 10 days after the decision of the majority has
2 been filed.
3 Decisions rendered by the Commission and dissents, if
4 any, shall be published together by the Commission. The
5 conclusions of law set out in such decisions shall be
6 regarded as precedents by arbitrators for the purpose of
7 achieving a more uniform administration of this Act.
8 (f) The decision of the Commission acting within its
9 powers, according to the provisions of paragraph (e) of this
10 Section shall, in the absence of fraud, be conclusive unless
11 reviewed as in this paragraph hereinafter provided. However,
12 the Arbitrator or the Commission may on his or its own
13 motion, or on the motion of either party, correct any
14 clerical error or errors in computation within 15 days after
15 the date of receipt of any award by such Arbitrator or any
16 decision on review of the Commission and shall have the power
17 to recall the original award on arbitration or decision on
18 review, and issue in lieu thereof such corrected award or
19 decision. Where such correction is made the time for review
20 herein specified shall begin to run from the date of the
21 receipt of the corrected award or decision.
22 (1) Except in cases of claims against the State of
23 Illinois, in which case the decision of the Commission
24 shall not be subject to judicial review, the Circuit
25 Court of the county where any of the parties defendant
26 may be found, or if none of the parties defendant can be
27 found in this State then the Circuit Court of the county
28 where the accident occurred, shall by summons to the
29 Commission have power to review all questions of law and
30 fact presented by such record.
31 A proceeding for review shall be commenced within 20
32 days of the receipt of notice of the decision of the
33 Commission. The summons shall be issued by the clerk of
34 such court upon written request returnable on a
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1 designated return day, not less than 10 or more than 60
2 days from the date of issuance thereof, and the written
3 request shall contain the last known address of other
4 parties in interest and their attorneys of record who are
5 to be served by summons. Service upon any member of the
6 Commission or the Secretary or the Assistant Secretary
7 thereof shall be service upon the Commission, and service
8 upon other parties in interest and their attorneys of
9 record shall be by summons, and such service shall be
10 made upon the Commission and other parties in interest by
11 mailing notices of the commencement of the proceedings
12 and the return day of the summons to the office of the
13 Commission and to the last known place of residence of
14 other parties in interest or their attorney or attorneys
15 of record. The clerk of the court issuing the summons
16 shall on the day of issue mail notice of the commencement
17 of the proceedings which shall be done by mailing a copy
18 of the summons to the office of the Commission, and a
19 copy of the summons to the other parties in interest or
20 their attorney or attorneys of record and the clerk of
21 the court shall make certificate that he has so sent said
22 notices in pursuance of this Section, which shall be
23 evidence of service on the Commission and other parties
24 in interest.
25 The Commission shall not be required to certify the
26 record of their proceedings to the Circuit Court, unless
27 the party commencing the proceedings for review in the
28 Circuit Court as above provided, shall pay to the
29 Commission the sum of 80¢ per page of testimony taken
30 before the Commission, and 35¢ per page of all other
31 matters contained in such record, except as otherwise
32 provided by Section 20 of this Act. Payment for
33 photostatic copies of exhibit shall be extra. It shall
34 be the duty of the Commission upon such payment, or
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1 failure to pay as permitted under Section 20 of this Act,
2 to prepare a true and correct typewritten copy of such
3 testimony and a true and correct copy of all other
4 matters contained in such record and certified to by the
5 Secretary or Assistant Secretary thereof.
6 In its decision on review the Commission shall
7 determine in each particular case the amount of the
8 probable cost of the record to be filed as a part of the
9 summons in that case and no request for a summons may be
10 filed and no summons shall issue unless the party seeking
11 to review the decision of the Commission shall exhibit to
12 the clerk of the Circuit Court proof of payment by filing
13 a receipt showing payment or an affidavit of the attorney
14 setting forth that payment has been made of the sums so
15 determined to the Secretary or Assistant Secretary of the
16 Commission, except as otherwise provided by Section 20 of
17 this Act.
18 (2) No such summons shall issue unless the one
19 against whom the Commission shall have rendered an award
20 for the payment of money shall upon the filing of his
21 written request for such summons file with the clerk of
22 the court a bond conditioned that if he shall not
23 successfully prosecute the review, he will pay the award
24 and the costs of the proceedings in the courts. The
25 amount of the bond shall be fixed by any member of the
26 Commission and the surety or sureties of the bond shall
27 be approved by the clerk of the court. The acceptance of
28 the bond by the clerk of the court shall constitute
29 evidence of his approval of the bond.
30 Every county, city, town, township, incorporated
31 village, school district, body politic or municipal
32 corporation against whom the Commission shall have
33 rendered an award for the payment of money shall not be
34 required to file a bond to secure the payment of the
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1 award and the costs of the proceedings in the court to
2 authorize the court to issue such summons.
3 The court may confirm or set aside the decision of
4 the Commission. If the decision is set aside and the
5 facts found in the proceedings before the Commission are
6 sufficient, the court may enter such decision as is
7 justified by law, or may remand the cause to the
8 Commission for further proceedings and may state the
9 questions requiring further hearing, and give such other
10 instructions as may be proper. Appeals shall be taken to
11 the Industrial Commission Division of the Appellate Court
12 in accordance with Supreme Court Rules 22(g) and 303.
13 Appeals shall be taken from the Industrial Commission
14 Division of the Appellate Court to the Supreme Court in
15 accordance with Supreme Court Rule 315.
16 It shall be the duty of the clerk of any court
17 rendering a decision affecting or affirming an award of
18 the Commission to promptly furnish the Commission with a
19 copy of such decision, without charge.
20 The decision of a majority of the members of the
21 panel of the Commission, shall be considered the decision
22 of the Commission.
23 (g) Except in the case of a claim against the State of
24 Illinois, either party may present a certified copy of the
25 award of the Arbitrator, or a certified copy of the decision
26 of the Commission when the same has become final, when no
27 proceedings for review are pending, providing for the payment
28 of compensation according to this Act, to the Circuit Court
29 of the county in which such accident occurred or either of
30 the parties are residents, whereupon the court shall enter a
31 judgment in accordance therewith. In a case where the
32 employer refuses to pay compensation according to such final
33 award or such final decision upon which such judgment is
34 entered the court shall in entering judgment thereon, tax as
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1 costs against him the reasonable costs and attorney fees in
2 the arbitration proceedings and in the court entering the
3 judgment for the person in whose favor the judgment is
4 entered, which judgment and costs taxed as therein provided
5 shall, until and unless set aside, have the same effect as
6 though duly entered in an action duly tried and determined by
7 the court, and shall with like effect, be entered and
8 docketed. The Circuit Court shall have power at any time
9 upon application to make any such judgment conform to any
10 modification required by any subsequent decision of the
11 Supreme Court upon appeal, or as the result of any subsequent
12 proceedings for review, as provided in this Act.
13 Judgment shall not be entered until 15 days' notice of
14 the time and place of the application for the entry of
15 judgment shall be served upon the employer by filing such
16 notice with the Commission, which Commission shall, in case
17 it has on file the address of the employer or the name and
18 address of its agent upon whom notices may be served,
19 immediately send a copy of the notice to the employer or such
20 designated agent.
21 (h) An agreement or award under this Act providing for
22 compensation in installments, may at any time within 18
23 months after such agreement or award be reviewed by the
24 Commission at the request of either the employer or the
25 employee, on the ground that the disability of the employee
26 has subsequently recurred, increased, diminished or ended.
27 However, as to accidents occurring subsequent to July 1,
28 1955, which are covered by any agreement or award under this
29 Act providing for compensation in installments made as a
30 result of such accident, such agreement or award may at any
31 time within 30 months after such agreement or award be
32 reviewed by the Commission at the request of either the
33 employer or the employee on the ground that the disability of
34 the employee has subsequently recurred, increased, diminished
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1 or ended.
2 On such review, compensation payments may be
3 re-established, increased, diminished or ended. The
4 Commission shall give 15 days' notice to the parties of the
5 hearing for review. Any employee, upon any petition for such
6 review being filed by the employer, shall be entitled to one
7 day's notice for each 100 miles necessary to be traveled by
8 him in attending the hearing of the Commission upon the
9 petition, and 3 days in addition thereto. Such employee
10 shall, at the discretion of the Commission, also be entitled
11 to 5 cents per mile necessarily traveled by him within the
12 State of Illinois in attending such hearing, not to exceed a
13 distance of 300 miles, to be taxed by the Commission as costs
14 and deposited with the petition of the employer.
15 When compensation which is payable in accordance with an
16 award or settlement contract approved by the Commission, is
17 ordered paid in a lump sum by the Commission, no review shall
18 be had as in this paragraph mentioned.
19 (i) Each party, upon taking any proceedings or steps
20 whatsoever before any Arbitrator, Commission or court, shall
21 file with the Commission his address, or the name and address
22 of any agent upon whom all notices to be given to such party
23 shall be served, either personally or by registered mail,
24 addressed to such party or agent at the last address so filed
25 with the Commission. In the event such party has not filed
26 his address, or the name and address of an agent as above
27 provided, service of any notice may be had by filing such
28 notice with the Commission.
29 (j) Whenever in any proceeding testimony has been taken
30 or a final decision has been rendered and after the taking of
31 such testimony or after such decision has become final, the
32 injured employee dies, then in any subsequent proceedings
33 brought by the personal representative or beneficiaries of
34 the deceased employee, such testimony in the former
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1 proceeding may be introduced with the same force and effect
2 as though the witness having so testified were present in
3 person in such subsequent proceedings and such final
4 decision, if any, shall be taken as final adjudication of any
5 of the issues which are the same in both proceedings.
6 (k) In case where there has been any unreasonable or
7 vexatious delay of payment or intentional underpayment of
8 compensation, or proceedings have been instituted or carried
9 on by the one liable to pay the compensation, which do not
10 present a real controversy, but are merely frivolous or for
11 delay, then the Commission may award compensation additional
12 to that otherwise payable under this Act equal to 50% of the
13 amount payable at the time of such award. Failure to pay
14 compensation in accordance with the provisions of Section 8,
15 paragraph (b) of this Act, shall be considered unreasonable
16 delay.
17 (l) In case the employer or his insurance carrier shall
18 without good and just cause fail, neglect, refuse or
19 unreasonably delay the payment of weekly compensation
20 benefits due to an injured employee during the period of
21 temporary total disability the arbitrator or the Commission
22 shall allow to the employee additional compensation in the
23 sum of $10 per day for each day that a weekly compensation
24 payment has been so withheld or refused, provided that such
25 additional compensation shall not exceed the sum of $2,500.
26 A delay in payment of 14 days or more shall create a
27 rebuttable presumption of unreasonable delay.
28 (m) If the commission finds that an accidental injury
29 was directly and proximately caused by the employer's wilful
30 violation of a health and safety standard under the Health
31 and Safety Act in force at the time of the accident, the
32 arbitrator or the Commission shall allow to the injured
33 employee or his dependents, as the case may be, additional
34 compensation equal to 25% of the amount which otherwise would
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1 be payable under the provisions of this Act exclusive of this
2 paragraph. The additional compensation herein provided shall
3 be allowed by an appropriate increase in the applicable
4 weekly compensation rate.
5 (n) After June 30, 1984, decisions of the Industrial
6 Commission reviewing an award of an arbitrator of the
7 Commission shall draw interest at a rate equal to the yield
8 on indebtedness issued by the United States Government with a
9 26-week maturity next previously auctioned on the day on
10 which the decision is filed. Said rate of interest shall be
11 set forth in the Arbitrator's Decision. Interest shall be
12 drawn from the date of the arbitrator's award on all accrued
13 compensation due the employee through the day prior to the
14 date of payments. However, when an employee appeals an award
15 of an Arbitrator or the Commission, and the appeal results in
16 no change or a decrease in the award, interest shall not
17 further accrue from the date of such appeal.
18 The employer or his insurance carrier may tender the
19 payments due under the award to stop the further accrual of
20 interest on such award notwithstanding the prosecution by
21 either party of review, certiorari, appeal to the Supreme
22 Court or other steps to reverse, vacate or modify the award.
23 (o) By the 15th day of each month each insurer providing
24 coverage for losses under this Act shall notify each insured
25 employer of any compensable claim incurred during the
26 preceding month and the amounts paid or reserved on the claim
27 including a summary of the claim and a brief statement of the
28 reasons for compensability. A cumulative report of all
29 claims incurred during a calendar year or continued from the
30 previous year shall be furnished to the insured employer by
31 the insurer within 30 days after the end of that calendar
32 year.
33 The insured employer may challenge, in proceeding before
34 the Commission, payments made by the insurer without
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1 arbitration and payments made after a case is determined to
2 be noncompensable. If the Commission finds that the case was
3 not compensable, the insurer shall purge its records as to
4 that employer of any loss or expense associated with the
5 claim, reimburse the employer for attorneys' fees arising
6 from the challenge and for any payment required of the
7 employer to the Rate Adjustment Fund or the Second Injury
8 Fund, and may not reflect the loss or expense for rate making
9 purposes. The employee shall not be required to refund the
10 challenged payment. The decision of the Commission may be
11 reviewed in the same manner as in arbitrated cases. No
12 challenge may be initiated under this paragraph more than 3
13 years after the payment is made. An employer may waive the
14 right of challenge under this paragraph on a case by case
15 basis.
16 (p) After filing an application for adjustment of claim
17 but prior to the hearing on arbitration the parties may
18 voluntarily agree to submit such application for adjustment
19 of claim for decision by an arbitrator under this subsection
20 (p) where such application for adjustment of claim raises
21 only a dispute over temporary total disability, permanent
22 partial disability or medical expenses. Such agreement shall
23 be in writing in such form as provided by the Commission.
24 Applications for adjustment of claim submitted for decision
25 by an arbitrator under this subsection (p) shall proceed
26 according to rule as established by the Commission. The
27 Commission shall promulgate rules including, but not limited
28 to, rules to ensure that the parties are adequately informed
29 of their rights under this subsection (p) and of the
30 voluntary nature of proceedings under this subsection (p).
31 The findings of fact made by an arbitrator acting within his
32 or her powers under this subsection (p) in the absence of
33 fraud shall be conclusive. However, the arbitrator may on
34 his own motion, or the motion of either party, correct any
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1 clerical errors or errors in computation within 15 days after
2 the date of receipt of such award of the arbitrator and shall
3 have the power to recall the original award on arbitration,
4 and issue in lieu thereof such corrected award. The decision
5 of the arbitrator under this subsection (p) shall be
6 considered the decision of the Commission and proceedings for
7 review of questions of law arising from the decision may be
8 commenced by either party pursuant to subsection (f) of
9 Section 19. The Advisory Board established under Section
10 13.1 shall compile a list of certified Commission
11 arbitrators, each of whom shall be approved by at least 7
12 members of the Advisory Board. The chairman shall select 5
13 persons from such list to serve as arbitrators under this
14 subsection (p). By agreement, the parties shall select one
15 arbitrator from among the 5 persons selected by the chairman
16 except that if the parties do not agree on an arbitrator from
17 among the 5 persons, the parties may, by agreement, select an
18 arbitrator of the American Arbitration Association, whose fee
19 shall be paid by the State in accordance with rules
20 promulgated by the Commission. Arbitration under this
21 subsection (p) shall be voluntary.
22 (q) The Commission shall create one or more 3-person
23 panels to hear and decide applications for adjustment of
24 claim when the parties have agreed to submit the matter to
25 such a panel. Each panel shall be comprised of professional
26 persons who are experienced in the evaluation of workplace
27 injuries. The Commission shall adopt rules so that
28 proceedings before a panel are non-technical and informal to
29 the extent practicable and parties may present their evidence
30 and arguments without the need of legal counsel. The
31 Commission shall adopt rules to ensure that the parties are
32 adequately informed of their rights under this subsection (q)
33 and of the voluntary nature of proceedings under this
34 subsection (q). The findings of fact made by a panel acting
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1 under this subsection (q), in the absence of fraud, shall be
2 conclusive. The Commission shall adopt rules to enable a
3 panel to correct clerical errors or errors in computation
4 within a reasonable time to be specified by the Commission.
5 The decision of a panel under this subsection (q) shall be
6 considered the decision of the Commission and proceedings for
7 the review of questions of law arising from the decision may
8 be commenced in accordance with subsection (f).
9 (Source: P.A. 86-998; 87-435; 87-799.)