State of Illinois
90th General Assembly
Legislation

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90_SB1597

      735 ILCS 5/8-2001         from Ch. 110, par. 8-2001
      735 ILCS 5/8-2003         from Ch. 110, par. 8-2003
      735 ILCS 5/8-2004         from Ch. 110, par. 8-2004
      735 ILCS 5/8-2005 new
      820 ILCS 305/8            from Ch. 48, par. 138.8
      820 ILCS 305/16           from Ch. 48, par. 138.16
      820 ILCS 310/16           from Ch. 48, par. 172.51
          Amends  provisions  of  the  Code  of   Civil   Procedure
      concerning  the  inspection  of  the  records  of  hospitals,
      healthcare   practitioners;   clinical   psychologists,   and
      clinical social workers.  Adds provisions relating to charges
      for  copies.    Adds  provisions  relating  to the copying of
      records of attorneys.   Amends the Workers' Compensation  Act
      and the Workers' Occupational Diseases Act.  Makes changes in
      relation  to  the  following:     determination  of usual and
      customary health care  charges;  processing  of  payments  to
      health  care  providers;  failure  of employers to pay health
      care charges; disputes  between  employers  and  health  care
      providers;  disputes  regarding reasonableness of health care
      charges;  collection  matters;  compilation   of   data   and
      determination   of   usual   and  customary  charges  by  the
      Industrial  Commission;  and  other  matters.     Creates   a
      Workers'  Compensation Health Care Payment Dispute Resolution
      Board to resolve disputes between employers and  health  care
      providers   concerning  payment  for  health  care  services.
      Effective January 1, 1999.
                                                     LRB9011497WHsb
                                               LRB9011497WHsb
 1        AN ACT  to  amend  certain  Acts  in  relation  to  civil
 2    matters.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Code of Civil  Procedure  is  amended  by
 6    changing  Sections  8-2001,  8-2003,  and  8-2004  and adding
 7    Section 8-2005 as follows:
 8        (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
 9        Sec. 8-2001.  Examination of records. Every  private  and
10    public  hospital  shall,  upon the request of any patient who
11    has been treated in  such  hospital  and  after  his  or  her
12    discharge  therefrom,  permit  the  patient  or  his  or  her
13    physician  or  authorized attorney or the holder of a Consent
14    pursuant to Section 2-1003 to examine the  hospital  records,
15    including  but  not  limited  to  the history, bedside notes,
16    charts, pictures and plates,  kept  in  connection  with  the
17    treatment  of such patient, and permit copies of such records
18    to be made  by  him  or  her  or  his  or  her  physician  or
19    authorized  attorney  or  the holder of a Consent pursuant to
20    Section 2-1003. A request  for  examination  of  the  records
21    shall   be   in   writing  and  shall  be  delivered  to  the
22    administrator of such hospital.  The  person  requesting  the
23    records  shall  reimburse  the  hospital  at  the time of the
24    copying, for all reasonable expenses incurred by the hospital
25    in connection with the copying.   If  the  hospital  prepares
26    copies  of paper records, it shall not charge a fee in excess
27    of a $30 handling  charge  for  processing  the  request  for
28    copies and 50 cents per page for the copies.
29        The  requirements  of  this  Section  shall  be satisfied
30    within 60 days of the receipt of a request by a patient,  for
31    his  or  her physician, authorized attorney, or own person or
                            -2-                LRB9011497WHsb
 1    the holder of a Consent pursuant to Section 2-1003.
 2        Failure to comply with the time limit requirement of this
 3    Section shall subject  the  denying  party  to  expenses  and
 4    reasonable  attorneys'  fees  incurred in connection with any
 5    court ordered enforcement of the provisions of this Section.
 6        This amendatory Act of 1995 applies to causes  of  action
 7    filed on or after its effective date.
 8    (Source: P.A. 89-7, eff. 3-9-95.)
 9        (735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
10        Sec.    8-2003.    Physician's   and   other   healthcare
11    practitioner's records. Every physician and other  healthcare
12    practitioner  except  as  provided  in Section 8-2004, shall,
13    upon the request of any patient who has been treated by  such
14    physician or practitioner, permit such patient's physician or
15    authorized  attorney  or  the holder of a Consent pursuant to
16    Section 2-1003 to examine and  copy  the  patient's  records,
17    including but not limited to those relating to the diagnosis,
18    treatment,  prognosis,  history, charts, pictures and plates,
19    kept in connection with the treatment of such patient.   Such
20    request  for examining and copying of the records shall be in
21    writing  and  shall  be  delivered  to  such   physician   or
22    practitioner.  Such written request shall be complied with by
23    the  physician or practitioner within a reasonable time after
24    receipt by him or her at his or her office or any other place
25    designated by him or  her.   The  physician  or  practitioner
26    shall  be reimbursed by the person requesting such records at
27    the time of such examination or copying, for  all  reasonable
28    expenses   incurred  by  the  physician  or  practitioner  in
29    connection with such examination or copying.     Charges  for
30    making  copies  of  paper  records  shall  not  exceed  a $30
31    handling charge for processing the request for copies and  50
32    cents per page.
33        The  requirements  of  this  Section  shall  be satisfied
                            -3-                LRB9011497WHsb
 1    within 60 days of the receipt of a request by  a  patient  or
 2    his  or her physician or authorized attorney or the holder of
 3    a Consent pursuant to Section 2-1003.
 4        Failure to comply with the time limit requirement of this
 5    Section shall subject  the  denying  party  to  expenses  and
 6    reasonable  attorneys'  fees  incurred in connection with any
 7    court ordered enforcement of the provisions of this Section.
 8        This amendatory Act of 1995 applies to causes  of  action
 9    filed on or after its effective date.
10    (Source: P.A. 89-7, eff. 3-9-95.)
11        (735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
12        Sec.  8-2004.   Records  of  clinical  psychologists  and
13    clinical   social   workers.   Except   where   the  clinical
14    psychologist or clinical social worker consents, records of a
15    clinical psychologist or clinical social worker regulated  in
16    this State, relating to psychological services or social work
17    services, shall not be examined or copied by a patient or the
18    holder  of  a  Consent  pursuant  to  Section  2-1003, unless
19    otherwise ordered by the court for good cause shown.  For the
20    purpose of obtaining records,  the  patient  or  his  or  her
21    authorized  agent  or  the  holder  of  a Consent pursuant to
22    Section 2-1003 may apply to the circuit court of  the  county
23    in  which  the  patient  resides  or  the county in which the
24    clinical psychologist or clinical social  worker  resides  or
25    the  county  in  which  the  action is pending from which the
26    Consent pursuant to Section 2-1003 was given.   The  clinical
27    psychologist or clinical social worker shall be reimbursed by
28    the  person  requesting  the  records  at  the  time  of  the
29    examination  or copying, for all reasonable expenses incurred
30    by the clinical psychologist or  clinical  social  worker  in
31    connection  with  the  examination  or copying.   Charges for
32    making copies  of  paper  records  shall  not  exceed  a  $30
33    handling  charge for processing the request for copies and 50
                            -4-                LRB9011497WHsb
 1    cents per page.
 2        This amendatory Act of 1995 applies to causes  of  action
 3    filed on or after its effective date.
 4    (Source: P.A. 89-7, eff. 3-9-95.)
 5        (735 ILCS 5/8-2005 new)
 6        Sec.  8-2005.  Attorney  records.  Every  attorney  shall
 7    permit  any  client    or the client's authorized attorney to
 8    examine and copy the client's records    kept  in  connection
 9    with  the  representation  of  the  client.  The  request for
10    examining and copying of the records shall be in writing  and
11    shall  be    delivered  to  the attorney. The written request
12    shall be complied with by the  attorney within  a  reasonable
13    time after receipt by him or her at his or her  office or any
14    other  place  designated by him or her. The attorney shall be
15    reimbursed by the person requesting the records, at the  time
16    of  the  examination  or copying, for all reasonable expenses
17    incurred by the  attorney in connection with the  examination
18    or  copying.   Charges  for    making copies of paper records
19    shall not exceed a $30 handling charge for    processing  the
20    request for copies and 50 cents per page.
21        The  requirements  of  this  Section  shall  be satisfied
22    within 60 days of  the receipt of a request by  a  client  or
23    authorized attorney.
24        Failure to comply with the time limit requirement of this
25    Section  shall    subject  the  denying party to expenses and
26    reasonable attorneys' fees  incurred in connection  with  any
27    court ordered enforcement of the provisions  of this Section.
28        Section  10.  The Workers' Compensation Act is amended by
29    changing Sections 8 and 16 as follows:
30        (820 ILCS 305/8) (from Ch. 48, par. 138.8)
31        Sec. 8.  The amount of compensation which shall  be  paid
                            -5-                LRB9011497WHsb
 1    to  the  employee  for  an accidental injury not resulting in
 2    death is set forth in this Section.:
 3        (a)  The employer shall provide and pay the lesser of the
 4    health care  provider's  actual  charges  or  the  usual  and
 5    customary  charges  incurred for all the necessary first aid,
 6    medical and surgical services,  and  all  necessary  medical,
 7    surgical  and hospital services thereafter incurred, limited,
 8    however, to that which is  reasonably  required  to  cure  or
 9    relieve from the effects of the accidental injury.  The usual
10    and  customary  charge  is the 90th percentile of the charges
11    for procedures, treatments, or services  covered  under  this
12    Act,  other  than  negotiated  charges,  submitted  to  the 5
13    largest workers' compensation carriers in  Illinois  in  each
14    geographic  area  of  the  State for the most recent 12-month
15    period established under subdivision (5) of  this  subsection
16    (a).    A health care provider's charges shall be compensated
17    at actual charges not to exceed the 90th percentile.  Charges
18    for procedures or services related to a claim under this  Act
19    shall  not  exceed charges to other non-workers' compensation
20    payors for such procedures or services, exclusive of  charges
21    pursuant  to  negotiation, contract, or federal or State laws
22    or regulations.  In addition, the health care providers shall
23    be reimbursed by the employer for requested records, reports,
24    letters,  testimony,  or  depositions  for   all   reasonable
25    expenses  incurred  in  connection  with  provision  of  this
26    information.     The  employer  shall also pay for treatment,
27    instruction and training necessary for the  physical,  mental
28    and  vocational rehabilitation of the employee, including all
29    maintenance costs and expenses incidental thereto.  If  as  a
30    result   of   the   injury  the  employee  is  unable  to  be
31    self-sufficient the  employer  shall  further  pay  for  such
32    maintenance or institutional care as shall be required.
33        (1)  The employee may at any time elect to secure his own
34    physician,  surgeon  and  hospital services at the employer's
                            -6-                LRB9011497WHsb
 1    expense, or,
 2        (2)  Upon  agreement  between  the   employer   and   the
 3    employees,  or  the  employees' exclusive representative, and
 4    subject to the approval of  the  Industrial  Commission,  the
 5    employer  shall maintain a list of physicians, to be known as
 6    a Panel of Physicians, who are accessible to  the  employees.
 7    The employer shall post this list in a place or places easily
 8    accessible  to  his  employees.   The employee shall have the
 9    right to make an alternative choice of  physician  from  such
10    Panel  if  he  is  not  satisfied  with  the  physician first
11    selected.  If, due  to  the  nature  of  the  injury  or  its
12    occurrence  away  from  the employer's place of business, the
13    employee is unable to make a selection from  the  Panel,  the
14    selection  process  from  the  Panel  shall  not  apply.  The
15    physician  selected  from  the  Panel  may  arrange  for  any
16    consultation, referral or other specialized medical  services
17    outside  the  Panel at the employer's expense. Provided that,
18    in the event the Commission shall find that a doctor selected
19    by the employee is rendering improper or inadequate care, the
20    Commission may order the employee to  select  another  doctor
21    certified  or  qualified  in  the  medical  field  for  which
22    treatment  is required.  If the employee refuses to make such
23    change  the  Commission  may  relieve  the  employer  of  his
24    obligation to pay the  doctor's  charges  from  the  date  of
25    refusal to the date of compliance.
26        (3)  The  Commission shall establish rules for processing
27    payments to health  care  providers  in  an  expeditious  and
28    timely  manner  including  designating the proper payor to be
29    billed for health care benefits related to a claim.
30             (A)  Nondisputed health care payments.
31                  (i)  The employer shall make payments or  cause
32             payments  to be made to health care providers within
33             90 days after the receipt by  the  employer  of  due
34             proof  of  loss.   For  the purpose of this Section,
                            -7-                LRB9011497WHsb
 1             "due proof of loss" consists  of  a  receipt  of  an
 2             itemized  bill  with  a  demand  for  payment  and a
 3             complete copy of  the  patient  records  related  to
 4             these  charges.   Subsequent  billings shall provide
 5             updated patient records from the date last provided.
 6             Nothing in this Act shall prohibit the employer from
 7             waiving the requirement that patient record  updates
 8             shall accompany billings.
 9                  (ii)  If   the  employer  fails,  neglects,  or
10             refuses, without good and just  cause,  to  pay  the
11             health  care  provider  charges  within 90 days, the
12             employer shall pay interest on the unpaid balance of
13             fees at the annual rate of 10%.  The interest  shall
14             begin to accrue on the 91st day following receipt of
15             due proof of loss and shall stop accruing on the day
16             before tender of payment.
17             (B)  Disputed health care payments.
18                  (i)  There  is  created a Workers' Compensation
19             Health  Care  Payment  Dispute   Resolution   Board,
20             hereinafter  referred  to  as the Dispute Resolution
21             Board, consisting of  5  members  appointed  by  the
22             Governor  with the advice and consent of the Senate.
23             Three members of the Board shall  be  representative
24             of  physicians, at least 2 of whom shall be licensed
25             to practice medicine  in  all  its  branches  and  2
26             members   of  the  Board  shall  represent  licensed
27             hospitals.   In  making  Board   appointments,   the
28             Governor shall give consideration to recommendations
29             by  the  appropriate  largest statewide professional
30             associations.  Each member of the Board shall  serve
31             a 4 year term.  The Governor shall select one of the
32             members  to serve as Chairman.  Three members of the
33             Board shall constitute a quorum to do  business.   A
34             vacancy on the Board shall be filled by the Governor
                            -8-                LRB9011497WHsb
 1             for  the unexpired term.  Members of the Board shall
 2             receive no compensation for their services but shall
 3             receive a per diem and be  reimbursed  for  expenses
 4             incurred  in  the performance of their duties by the
 5             Commission.
 6                  (ii)  Any disputes concerning payment shall  be
 7             resolved  in a separate process between the employer
 8             and  health  care   provider   with   the   Workers'
 9             Compensation  Health Care Payment Dispute Resolution
10             Board.  The employer shall provide the  health  care
11             provider  with  reasonable  written  notice  of  the
12             reasons  for  non-payment  or  payment  of less than
13             submitted charges.  Any dispute shall be resolved in
14             accordance  with  the  Board's  rules  which   shall
15             include   but  not  be  limited  to  the  employer's
16             obligation to submit this  written  notice  and  the
17             provider's   obligation   to   provide   a   written
18             explanation  of  a  billing and affidavit concerning
19             the  providers   charges   to   other   non-workers'
20             compensation payors.  The employee shall have a duty
21             to  cooperate  in  any  process  or proceeding.  The
22             decisions at the  Board  shall  be  binding  on  all
23             parties.
24             (C)  Any fees for health care services shall be paid
25        directly to the health care provider.  The employee shall
26        not receive payments owed to providers.
27             (D)  The  provider of any services, treatment, care,
28        instruction, training, or appliances  or  other  tangible
29        things  for  which an employer is responsible for payment
30        under this subsection (a) is bound by charges or payments
31        ordered by the Industrial  Commission  and  the  Workers'
32        Compensation   Health  Care  Payment  Dispute  Resolution
33        Board.  Neither the provider nor an employer or insurance
34        carrier  may  seek  payment  from  the  employee  if  the
                            -9-                LRB9011497WHsb
 1        employer is responsible for payment under this subsection
 2        (a).
 3             (E)  No action shall be commenced or maintained in a
 4        court of  this  State  by  or  on  behalf  of  the  above
 5        mentioned  providers  of  service  nor shall such service
 6        providers pursue  the  payment  of  a  bill  through  the
 7        services  of  a collection agency against an employee for
 8        the collection of charges incurred for the  treatment  of
 9        injuries covered under this Act.
10        (4)  Every  hospital,  physician, surgeon or other person
11    rendering  treatment  or  services  in  accordance  with  the
12    provisions of this Section shall upon written request furnish
13    full and  complete  reports  thereof  to,  and  permit  their
14    records  to  be  copied by, the employer, the employee or his
15    dependents, as the case may be, or any  other  party  to  any
16    proceeding  for  compensation before the Commission, or their
17    attorneys.
18        (5)  The Industrial  Commission  shall  compile  data  on
19    charges   submitted  to  workers'  compensation  carriers  in
20    Illinois and determine the usual  and  customary  charges  in
21    each  geographic  area of the State.  The usual and customary
22    charge shall be  the  90th  percentile  of  the  charges  for
23    procedures,  treatments,  or services covered under this Act,
24    other than negotiated charges, submitted  to  the  5  largest
25    workers'  compensation  carriers  in  Illinois  for  the most
26    recent 12-month  period.   The  designated  geographic  areas
27    shall  be  the  areas  used  under  Title  XIX  of the Social
28    Security Act to set payment levels for physicians  under  the
29    Medicare Fee Schedule.  The usual and customary charges shall
30    be updated every 6 months.  The data shall in no way identify
31    or  tend  to  identify  any patient, employer, or health care
32    provider.  Usual and customary charge determinations shall be
33    published by the Industrial Commission every  6  months  with
34    the first report by July 1, 1999.
                            -10-               LRB9011497WHsb
 1        (a-5)  Notwithstanding   the  foregoing,  the  employer's
 2    liability to pay for such medical services  selected  by  the
 3    employee shall be limited to:
 4             (1)  all first aid and emergency treatment; plus
 5             (2)  all  medical,  surgical  and  hospital services
 6        provided by the physician, surgeon or hospital  initially
 7        chosen  by  the  employee  or  by  any  other  physician,
 8        consultant,  expert,  institution  or  other  provider of
 9        services recommended by said initial service provider  or
10        any  subsequent provider of medical services in the chain
11        of referrals from said initial service provider; plus
12             (3)  all medical,  surgical  and  hospital  services
13        provided  by  any  second  physician, surgeon or hospital
14        subsequently chosen by  the  employee  or  by  any  other
15        physician,   consultant,  expert,  institution  or  other
16        provider of services recommended by said  second  service
17        provider  or  any subsequent provider of medical services
18        in the  chain  of  referrals  from  said  second  service
19        provider.  Thereafter  the  employer shall select and pay
20        for  all  necessary  medical,   surgical   and   hospital
21        treatment  and  the employee may not select a provider of
22        medical services at the  employer's  expense  unless  the
23        employer  agrees  to  such  selection.  At  any  time the
24        employee may obtain any medical treatment he  desires  at
25        his own expense. This paragraph shall not affect the duty
26        to pay for rehabilitation referred to above.
27        When  an  employer  and  employee  so  agree  in writing,
28    nothing in this Act prevents  an  employee  whose  injury  or
29    disability  has been established under this Act, from relying
30    in good faith, on treatment  by  prayer  or  spiritual  means
31    alone,  in  accordance  with  the  tenets  and  practice of a
32    recognized  church  or  religious  denomination,  by  a  duly
33    accredited practitioner thereof, and having nursing  services
34    appropriate  therewith,  without suffering loss or diminution
                            -11-               LRB9011497WHsb
 1    of the compensation benefits under  this  Act.  However,  the
 2    employee  shall  submit to all physical examinations required
 3    by this Act.  The cost of such  treatment  and  nursing  care
 4    shall  be  paid by the employee unless the employer agrees to
 5    make such payment.
 6        Where the accidental injury results in the amputation  of
 7    an  arm,  hand, leg or foot, or the enucleation of an eye, or
 8    the loss of any of the  natural  teeth,  the  employer  shall
 9    furnish  an artificial of any such members lost or damaged in
10    accidental injury  arising  out  of  and  in  the  course  of
11    employment,  and  shall  also furnish the necessary braces in
12    all proper and necessary cases.  In cases of the  loss  of  a
13    member or members by amputation, the employer shall, whenever
14    necessary,  maintain  in  good  repair,  refit or replace the
15    artificial limbs during the lifetime of the employee.   Where
16    the  accidental injury accompanied by physical injury results
17    in damage to a denture, eye glasses or contact eye lenses, or
18    where  the  accidental  injury  results  in  damage   to   an
19    artificial  member, the employer shall replace or repair such
20    denture, glasses, lenses, or artificial member.
21        The furnishing by the employer of any  such  services  or
22    appliances  is  not  an admission of liability on the part of
23    the employer to pay compensation.
24        The furnishing of any such services or appliances or  the
25    servicing  thereof  by  the  employer  is  not the payment of
26    compensation.
27        (b)  If the period of temporary total incapacity for work
28    lasts more  than  3  working  days,  weekly  compensation  as
29    hereinafter  provided  shall be paid beginning on the 4th day
30    of such temporary total incapacity and continuing as long  as
31    the  total  temporary  incapacity  lasts.  In cases where the
32    temporary total incapacity for work continues for a period of
33    14 days or more from the day  of  the  accident  compensation
34    shall commence on the day after the accident.
                            -12-               LRB9011497WHsb
 1             1.  The   compensation   rate  for  temporary  total
 2        incapacity under this paragraph (b) of this Section shall
 3        be equal to 66 2/3% of the employee's average weekly wage
 4        computed in accordance with Section 10, provided that  it
 5        shall  be  not  less  than  the  following amounts in the
 6        following cases:
 7                  $100.90 in case of a single person;
 8                  $105.50 in case of a  married  person  with  no
 9             children;
10                  $108.30 in case of one child;
11                  $113.40 in case of 2 children;
12                  $117.40 in case of 3 children;
13                  $124.30 in case of 4 or more children;
14        nor exceed the employee's average weekly wage computed in
15        accordance  with  the provisions of Section 10, whichever
16        is less.
17             2.  The compensation rate in all  cases  other  than
18        for  temporary total disability under this paragraph (b),
19        and other than for serious  and  permanent  disfigurement
20        under  paragraph (c) and other than for permanent partial
21        disability under subparagraph (2)  of  paragraph  (d)  or
22        under paragraph (e), of this Section shall be equal to 66
23        2/3%  of  the  employee's average weekly wage computed in
24        accordance with the provisions of  Section  10,  provided
25        that  it  shall be not less than the following amounts in
26        the following cases:
27                  $80.90 in case of a single person;
28                  $83.20 in case of  a  married  person  with  no
29             children;
30                  $86.10 in case of one child;
31                  $88.90 in case of 2 children;
32                  $91.80 in case of 3 children;
33                  $96.90 in case of 4 or more children;
34        nor exceed the employee's average weekly wage computed in
                            -13-               LRB9011497WHsb
 1        accordance  with  the provisions of Section 10, whichever
 2        is less.
 3             2.1.  The compensation rate in all cases of  serious
 4        and  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
 7        shall be equal to 60% of the  employee's  average  weekly
 8        wage  computed  in  accordance  with  the  provisions  of
 9        Section  10,  provided that it shall be not less than the
10        following amounts in the following cases:
11                  $80.90 in case of a single person;
12                  $83.20 in case of  a  married  person  with  no
13             children;
14                  $86.10 in case of one child;
15                  $88.90 in case of 2 children;
16                  $91.80 in case of 3 children;
17                  $96.90 in case of 4 or more children;
18        nor exceed the employee's average weekly wage computed in
19        accordance  with  the provisions of Section 10, whichever
20        is less.
21             3.  As used in this Section the term "child" means a
22        child of the employee including any child legally adopted
23        before the accident or whom at the time of  the  accident
24        the  employee was under legal obligation to support or to
25        whom the employee stood in loco parentis, and who at  the
26        time  of  the  accident was under 18 years of age and not
27        emancipated.  The term "children"  means  the  plural  of
28        "child".
29             4.  All  weekly  compensation  rates  provided under
30        subparagraphs 1, 2 and 2.1 of this paragraph (b) of  this
31        Section shall be subject to the following limitations:
32             The  maximum  weekly  compensation rate from July 1,
33        1975, except as hereinafter provided, shall  be  100%  of
34        the  State's  average  weekly  wage in covered industries
                            -14-               LRB9011497WHsb
 1        under the Unemployment Insurance Act, that being the wage
 2        that most closely approximates the State's average weekly
 3        wage.
 4             The maximum weekly compensation rate, for the period
 5        July  1,  1984,  through  June  30,   1987,   except   as
 6        hereinafter provided, shall be $293.61. Effective July 1,
 7        1987  and  on  July 1 of each year thereafter the maximum
 8        weekly compensation rate, except as hereinafter provided,
 9        shall be determined as follows: if during  the  preceding
10        12  month period there shall have been an increase in the
11        State's average weekly wage in covered  industries  under
12        the  Unemployment  Insurance Act, the weekly compensation
13        rate shall  be  proportionately  increased  by  the  same
14        percentage  as  the percentage of increase in the State's
15        average weekly  wage  in  covered  industries  under  the
16        Unemployment Insurance Act during such period.
17             The maximum weekly compensation rate, for the period
18        January  1,  1981  through  December  31, 1983, except as
19        hereinafter  provided,  shall  be  100%  of  the  State's
20        average weekly  wage  in  covered  industries  under  the
21        Unemployment  Insurance Act in effect on January 1, 1981.
22        Effective January 1, 1984 and on January 1, of each  year
23        thereafter  the  maximum weekly compensation rate, except
24        as hereinafter provided, shall be determined as  follows:
25        if  during the preceding 12 month period there shall have
26        been an increase in the State's average  weekly  wage  in
27        covered  industries under the Unemployment Insurance Act,
28        the weekly compensation  rate  shall  be  proportionately
29        increased  by  the  same  percentage as the percentage of
30        increase in the State's average weekly  wage  in  covered
31        industries  under  the  Unemployment Insurance Act during
32        such period.
33             From July 1, 1977 and thereafter such maximum weekly
34        compensation rate in death cases  under  Section  7,  and
                            -15-               LRB9011497WHsb
 1        permanent  total  disability cases under paragraph (f) or
 2        subparagraph 18 of paragraph (3) of this Section and  for
 3        temporary  total  disability  under paragraph (b) of this
 4        Section and for amputation of a member or enucleation  of
 5        an  eye  under  paragraph  (e)  of  this Section shall be
 6        increased to 133-1/3% of the State's average weekly  wage
 7        in  covered  industries  under the Unemployment Insurance
 8        Act.
 9             4.1.  Any   provision   herein   to   the   contrary
10        notwithstanding,  the  weekly   compensation   rate   for
11        compensation  payments under subparagraph 18 of paragraph
12        (e) of this Section  and  under  paragraph  (f)  of  this
13        Section and under paragraph (a) of Section 7, shall in no
14        event be less than 50% of the State's average weekly wage
15        in  covered  industries  under the Unemployment Insurance
16        Act.
17             4.2.  Any provision to the contrary notwithstanding,
18        the total compensation payable under Section 7 shall  not
19        exceed the greater of $250,000 or 20 years.
20             5.  For  the  purpose  of  this Section this State's
21        average weekly  wage  in  covered  industries  under  the
22        Unemployment  Insurance  Act  on  July  1, 1975 is hereby
23        fixed  at  $228.16  per  week  and  the  computation   of
24        compensation  rates  shall  be  based  on  the  aforesaid
25        average   weekly   wage  until  modified  as  hereinafter
26        provided.
27             6.  The Department of  Employment  Security  of  the
28        State shall on or before the first day of December, 1977,
29        and  on or before the first day of June, 1978, and on the
30        first  day  of  each  December  and  June  of  each  year
31        thereafter, publish the State's average  weekly  wage  in
32        covered  industries  under the Unemployment Insurance Act
33        and the Industrial Commission shall on the  15th  day  of
34        January,  1978  and  on the 15th day of July, 1978 and on
                            -16-               LRB9011497WHsb
 1        the 15th day of  each  January  and  July  of  each  year
 2        thereafter,  post  and publish the State's average weekly
 3        wage  in  covered  industries  under   the   Unemployment
 4        Insurance  Act  as  last  determined and published by the
 5        Department of Employment Security.  The  amount  when  so
 6        posted  and  published  shall  be conclusive and shall be
 7        applicable as the basis of  computation  of  compensation
 8        rates   until   the   next  posting  and  publication  as
 9        aforesaid.
10             7.  The payment of compensation by  an  employer  or
11        his  insurance  carrier  to an injured employee shall not
12        constitute an admission of the  employer's  liability  to
13        pay compensation.
14        (c)  For  any  serious and permanent disfigurement to the
15    hand, head, face, neck, arm, leg below the knee or the  chest
16    above   the  axillary  line,  the  employee  is  entitled  to
17    compensation for such disfigurement, the amount determined by
18    agreement at any time or by arbitration under this Act, at  a
19    hearing  not  less  than  6  months  after  the  date  of the
20    accidental injury, which amount shall not exceed 150 weeks at
21    the applicable rate provided in subparagraph 2.1 of paragraph
22    (b) of this Section.
23        No compensation is payable  under  this  paragraph  where
24    compensation  is  payable under paragraphs (d), (e) or (f) of
25    this Section.
26        A duly appointed member of a fire department in  a  city,
27    the population of which exceeds 200,000 according to the last
28    federal  or  State census, is eligible for compensation under
29    this  paragraph  only  where  such  serious   and   permanent
30    disfigurement results from burns.
31        (d) 1.  If,   after   the   accidental  injury  has  been
32    sustained, the employee as a result thereof becomes partially
33    incapacitated from pursuing his usual and customary  line  of
34    employment,  he  shall, except in cases compensated under the
                            -17-               LRB9011497WHsb
 1    specific schedule set forth in paragraph (e) of this Section,
 2    receive compensation for  the  duration  of  his  disability,
 3    subject  to  the  limitations  as to maximum amounts fixed in
 4    paragraph (b) of  this  Section,  equal  to  66-2/3%  of  the
 5    difference  between the average amount which he would be able
 6    to earn  in  the  full  performance  of  his  duties  in  the
 7    occupation  in  which  he  was  engaged  at  the  time of the
 8    accident and the average amount which he  is  earning  or  is
 9    able  to  earn  in some suitable employment or business after
10    the accident.
11        2.  If,  as  a  result  of  the  accident,  the  employee
12    sustains  serious  and  permanent  injuries  not  covered  by
13    paragraphs (c) and (e) of this Section  or  having  sustained
14    injuries  covered by the aforesaid paragraphs (c) and (e), he
15    shall have sustained in addition thereto other injuries which
16    injuries do not incapacitate him from pursuing the duties  of
17    his  employment  but  which  would  disable him from pursuing
18    other suitable occupations, or which have otherwise  resulted
19    in   physical  impairment;  or  if  such  injuries  partially
20    incapacitate him from pursuing the duties of  his  usual  and
21    customary  line  of  employment  but  do  not  result  in  an
22    impairment  of  earning  capacity,  or  having resulted in an
23    impairment of earning capacity, the employee elects to  waive
24    his  right  to  recover under the foregoing subparagraph 1 of
25    paragraph (d) of this Section then in any  of  the  foregoing
26    events,  he  shall  receive  in  addition to compensation for
27    temporary  total  disability  under  paragraph  (b)  of  this
28    Section, compensation at the rate  provided  in  subparagraph
29    2.1  of  paragraph (b) of this Section for that percentage of
30    500 weeks that the  partial  disability  resulting  from  the
31    injuries covered by this paragraph bears to total disability.
32    If  the  employee  shall  have sustained a fracture of one or
33    more vertebra  or  fracture  of  the  skull,  the  amount  of
34    compensation  allowed  under  this  Section shall be not less
                            -18-               LRB9011497WHsb
 1    than 6 weeks for a fractured  skull  and  6  weeks  for  each
 2    fractured  vertebra, and in the event the employee shall have
 3    sustained a fracture of any of the  following  facial  bones:
 4    nasal,   lachrymal,   vomer,  zygoma,  maxilla,  palatine  or
 5    mandible, the  amount  of  compensation  allowed  under  this
 6    Section  shall  be  not  less  than  2  weeks  for  each such
 7    fractured bone, and for a fracture of each transverse process
 8    not less than 3 weeks.  In  the  event  such  injuries  shall
 9    result in the loss of a kidney, spleen or lung, the amount of
10    compensation  allowed  under  this  Section shall be not less
11    than 10 weeks for  each  such  organ.   Compensation  awarded
12    under  this  subparagraph 2 shall not take into consideration
13    injuries covered under paragraphs (c) and (e) of this Section
14    and the compensation provided in  this  paragraph  shall  not
15    affect  the  employee's  right  to compensation payable under
16    paragraphs  (b),  (c)  and  (e)  of  this  Section  for   the
17    disabilities therein covered.
18        (e)  For  accidental  injuries in the following schedule,
19    the employee shall receive compensation  for  the  period  of
20    temporary  total  incapacity  for  work  resulting  from such
21    accidental injury, under subparagraph 1 of paragraph  (b)  of
22    this   Section,   and   shall  receive  in  addition  thereto
23    compensation for a  further  period  for  the  specific  loss
24    herein  mentioned,  but  shall  not  receive any compensation
25    under any other  provisions  of  this  Act.    The  following
26    listed  amounts  apply to either the loss of or the permanent
27    and complete loss  of  use  of  the  member  specified,  such
28    compensation for the length of time as follows:
29             1.  Thumb-70 weeks.
30             2.  First, or index finger-40 weeks.
31             3.  Second, or middle finger-35 weeks.
32             4.  Third, or ring finger-25 weeks.
33             5.  Fourth, or little finger-20 weeks.
34             6.  Great toe-35 weeks.
                            -19-               LRB9011497WHsb
 1             7.  Each toe other than great toe-12 weeks.
 2             8.  The  loss  of the first or distal phalanx of the
 3        thumb or of any finger or toe shall be considered  to  be
 4        equal  to  the  loss of one-half of such thumb, finger or
 5        toe and the compensation payable shall be one-half of the
 6        amount above  specified.   The  loss  of  more  than  one
 7        phalanx  shall  be  considered  as the loss of the entire
 8        thumb, finger or  toe.   In  no  case  shall  the  amount
 9        received  for  more  than  one  finger  exceed the amount
10        provided in this schedule for the loss of a hand.
11             9.  Hand-190 weeks.  The loss of 2 or  more  digits,
12        or  one  or more phalanges of 2 or more digits, of a hand
13        may be compensated on the basis of partial loss of use of
14        a hand, provided, further, that the loss of 4 digits,  or
15        the  loss  of  use  of  4  digits, in the same hand shall
16        constitute the  complete loss of a hand.
17             10.  Arm-235  weeks.   Where  an  accidental  injury
18        results in the amputation of an arm below the elbow, such
19        injury shall be compensated as a loss of an  arm.   Where
20        an  accidental injury results in the amputation of an arm
21        above the elbow, compensation for an additional 15  weeks
22        shall be paid, except where the accidental injury results
23        in  the amputation of an arm at the shoulder joint, or so
24        close to shoulder joint that an artificial arm cannot  be
25        used,  or results in the disarticulation of an arm at the
26        shoulder  joint,  in  which  case  compensation  for   an
27        additional 65 weeks shall be paid.
28             11.  Foot-155 weeks.
29             12.  Leg-200  weeks.   Where  an  accidental  injury
30        results  in  the amputation of a leg below the knee, such
31        injury shall be compensated as loss of a  leg.  Where  an
32        accidental  injury  results  in  the  amputation of a leg
33        above the knee, compensation for an additional  25  weeks
34        shall be paid, except where the accidental injury results
                            -20-               LRB9011497WHsb
 1        in  the amputation of a leg at the hip joint, or so close
 2        to the hip joint that an artificial leg cannot  be  used,
 3        or  results  in  the  disarticulation of a leg at the hip
 4        joint, in which case compensation for  an  additional  75
 5        weeks shall be paid.
 6             13.  Eye-150  weeks.   Where  an  accidental  injury
 7        results in the enucleation of an eye, compensation for an
 8        additional 10 weeks shall be paid.
 9             14.  Loss  of hearing of one ear-50 weeks; total and
10        permanent loss of hearing of both ears-200 weeks.
11             15.  Testicle-50 weeks; both testicles-150 weeks.
12             16.  For the permanent partial  loss  of  use  of  a
13        member  or  sight  of  an  eye,  or  hearing  of  an ear,
14        compensation during that  proportion  of  the  number  of
15        weeks  in the foregoing schedule provided for the loss of
16        such member or sight of an eye, or  hearing  of  an  ear,
17        which  the partial loss of use thereof bears to the total
18        loss of use of such member, or sight of eye,  or  hearing
19        of an ear.
20                  (a)  Loss  of hearing for compensation purposes
21             shall be confined to the frequencies of 1,000, 2,000
22             and 3,000 cycles per second. Loss of hearing ability
23             for frequency tones above 3,000  cycles  per  second
24             are  not to be considered as constituting disability
25             for hearing.
26                  (b)  The percent of hearing loss, for  purposes
27             of  the  determination  of  compensation  claims for
28             occupational deafness, shall be  calculated  as  the
29             average  in  decibels  for the thresholds of hearing
30             for the frequencies of 1,000, 2,000 and 3,000 cycles
31             per second. Pure  tone  air  conduction  audiometric
32             instruments,   approved   by  nationally  recognized
33             authorities  in  this  field,  shall  be  used   for
34             measuring  hearing  loss.  If  the losses of hearing
                            -21-               LRB9011497WHsb
 1             average 30 decibels or less in  the  3  frequencies,
 2             such losses of hearing shall not then constitute any
 3             compensable  hearing  disability.  If  the losses of
 4             hearing  average  85  decibels  or  more  in  the  3
 5             frequencies, then the same shall constitute  and  be
 6             total or 100% compensable hearing loss.
 7                  (c)  In   measuring   hearing  impairment,  the
 8             lowest measured losses in each of the 3  frequencies
 9             shall   be  added  together  and  divided  by  3  to
10             determine  the  average  decibel  loss.  For   every
11             decibel  of  loss exceeding 30 decibels an allowance
12             of 1.82% shall be made up to  the  maximum  of  100%
13             which is reached at 85 decibels.
14                  (d)  If  a  hearing loss is established to have
15             existed on July 1, 1975 by audiometric  testing  the
16             employer  shall  not be liable for the previous loss
17             so established nor shall he be liable for  any  loss
18             for which compensation has been paid or awarded.
19                  (e)  No  consideration  shall  be  given to the
20             question  of  whether  or  not  the  ability  of  an
21             employee to understand speech is improved by the use
22             of a hearing aid.
23                  (f)  No  claim  for  loss  of  hearing  due  to
24             industrial  noise  shall  be  brought   against   an
25             employer  or  allowed  unless  the employee has been
26             exposed for a period of  time  sufficient  to  cause
27             permanent  impairment  to  noise levels in excess of
28             the following:
29                  Sound Level DBA
30                   Slow Response              Hours Per Day
31                        90                          8
32                        92                          6
33                        95                          4
34                        97                          3
                            -22-               LRB9011497WHsb
 1                        100                         2
 2                        102                       1-1/2
 3                        105                         1
 4                        110                        1/2
 5                        115                        1/4
 6             This subparagraph (f) shall not be applied in  cases
 7        of hearing loss resulting from trauma or explosion.
 8             17.  In computing the compensation to be paid to any
 9        employee  who,  before  the  accident for which he claims
10        compensation, had before that time  sustained  an  injury
11        resulting  in  the  loss by amputation or partial loss by
12        amputation of any member, including hand, arm,  thumb  or
13        fingers, leg, foot or any toes, such loss or partial loss
14        of  any such member shall be deducted from any award made
15        for the subsequent injury.  For the permanent loss of use
16        or the permanent partial loss of use of any  such  member
17        or  the  partial  loss  of  sight  of  an  eye, for which
18        compensation has been paid, then such loss shall be taken
19        into consideration and deducted from any  award  for  the
20        subsequent injury.
21             18.  The  specific  case of loss of both hands, both
22        arms, or both feet, or both legs, or both eyes, or of any
23        two thereof, or the permanent and complete  loss  of  the
24        use  thereof, constitutes total and permanent disability,
25        to be compensated according to the compensation fixed  by
26        paragraph  (f)  of this Section.  These specific cases of
27        total and  permanent  disability  do  not  exclude  other
28        cases.
29             Any employee who has previously suffered the loss or
30        permanent  and  complete  loss  of the use of any of such
31        members, and in a subsequent independent  accident  loses
32        another or suffers the permanent and complete loss of the
33        use  of any one of such members the employer for whom the
34        injured employee is working  at  the  time  of  the  last
                            -23-               LRB9011497WHsb
 1        independent  accident  is liable to pay compensation only
 2        for the loss or permanent and complete loss of the use of
 3        the member occasioned by the last independent accident.
 4             19.  In a case of specific loss and  the  subsequent
 5        death  of  such  injured  employee from other causes than
 6        such injury leaving  a  widow,  widower,  or   dependents
 7        surviving  before  payment  or  payment  in full for such
 8        injury, then the amount due for such injury is payable to
 9        the widow or  widower  and,  if  there  be  no  widow  or
10        widower, then to such dependents, in the proportion which
11        such dependency bears to total dependency.
12        Beginning  July  1,  1980, and every 6 months thereafter,
13    the Commission shall examine the Second Injury Fund and when,
14    after deducting all advances or loans made to such Fund,  the
15    amount  therein  is  $500,000  then the amount required to be
16    paid by employers pursuant to  paragraph  (f)  of  Section  7
17    shall  be  reduced  by  one-half. When the Second Injury Fund
18    reaches the sum of $600,000 then  the  payments  shall  cease
19    entirely.    However,  when  the  Second Injury Fund has been
20    reduced to $400,000,  payment  of  one-half  of  the  amounts
21    required  by  paragraph (f) of Section 7 shall be resumed, in
22    the manner herein provided, and when the Second  Injury  Fund
23    has  been  reduced  to  $300,000, payment of the full amounts
24    required by paragraph (f) of Section 7 shall be  resumed,  in
25    the  manner  herein  provided.  The Commission shall make the
26    changes in  payment  effective  by  general  order,  and  the
27    changes in payment become immediately effective for all cases
28    coming  before the Commission thereafter either by settlement
29    agreement or final order, irrespective of  the  date  of  the
30    accidental injury.
31        On  August 1, 1996 and on February 1 and August 1 of each
32    subsequent year, the Commission  shall  examine  the  special
33    fund designated as the "Rate Adjustment Fund" and when, after
34    deducting all advances or loans made to said fund, the amount
                            -24-               LRB9011497WHsb
 1    therein  is  $4,000,000,  the  amount  required to be paid by
 2    employers pursuant to paragraph (f) of  Section  7  shall  be
 3    reduced  by  one-half.  When the Rate Adjustment Fund reaches
 4    the  sum  of  $5,000,000  the  payment  therein  shall  cease
 5    entirely.  However, when said Rate Adjustment Fund  has  been
 6    reduced  to  $3,000,000 the amounts required by paragraph (f)
 7    of Section 7 shall be resumed in the manner herein provided.
 8        (f)  In case of complete disability,  which  renders  the
 9    employee  wholly and permanently incapable of work, or in the
10    specific case of total and permanent disability  as  provided
11    in   subparagraph  18  of  paragraph  (e)  of  this  Section,
12    compensation  shall  be  payable  at  the  rate  provided  in
13    subparagraph 2 of paragraph (b) of this Section for life.
14        An employee entitled to benefits under paragraph  (f)  of
15    this  Section shall also be entitled to receive from the Rate
16    Adjustment Fund provided in paragraph (f) of Section 7 of the
17    supplementary benefits provided  in  paragraph  (g)  of  this
18    Section 8.
19        If   any  employee  who  receives  an  award  under  this
20    paragraph afterwards returns to work or is able to do so, and
21    earns or is able to earn as  much  as  before  the  accident,
22    payments  under  such  award  shall  cease.  If such employee
23    returns to work, or is able to do so, and earns or is able to
24    earn part but not as much as before the accident, such  award
25    shall  be  modified  so  as  to  conform  to  an  award under
26    paragraph (d) of this Section.  If such award  is  terminated
27    or  reduced  under  the  provisions  of  this paragraph, such
28    employees have the right at any time within 30  months  after
29    the  date  of  such termination or reduction to file petition
30    with the Commission for the purpose  of  determining  whether
31    any  disability exists as a result of the original accidental
32    injury and the extent thereof.
33        Disability as enumerated in subdivision 18, paragraph (e)
34    of this Section is considered complete disability.
                            -25-               LRB9011497WHsb
 1        If an employee who had previously incurred  loss  or  the
 2    permanent and complete loss of use of one member, through the
 3    loss  or  the  permanent  and complete loss of the use of one
 4    hand, one  arm,  one  foot,  one  leg,  or  one  eye,  incurs
 5    permanent  and  complete  disability  through the loss or the
 6    permanent and complete loss of the use of another member,  he
 7    shall receive, in addition to the compensation payable by the
 8    employer  and after such payments have ceased, an amount from
 9    the Second Injury Fund  provided  for  in  paragraph  (f)  of
10    Section 7, which, together with the compensation payable from
11    the  employer in whose employ he was when the last accidental
12    injury was  incurred,  will  equal  the  amount  payable  for
13    permanent   and  complete  disability  as  provided  in  this
14    paragraph of this Section.
15        The custodian of the Second Injury Fund provided  for  in
16    paragraph  (f) of Section 7 shall be joined with the employer
17    as a party respondent in the application  for  adjustment  of
18    claim.   The  application for adjustment of claim shall state
19    briefly and in general terms the approximate time  and  place
20    and manner of the loss of the first member.
21        In  its  award  the  Commission  or  the Arbitrator shall
22    specifically find the amount the injured  employee  shall  be
23    weekly  paid, the number of weeks compensation which shall be
24    paid by the employer, the date upon which payments begin  out
25    of  the  Second  Injury Fund provided for in paragraph (f) of
26    Section 7 of this Act, the length of time the weekly payments
27    continue, the date upon which the pension  payments  commence
28    and  the monthly amount of the payments. The Commission shall
29    30 days after the date upon which payments out of the  Second
30    Injury  Fund  have  begun as provided in the award, and every
31    month thereafter, prepare and submit to the State Comptroller
32    a voucher for payment for all compensation  accrued  to  that
33    date  at  the  rate  fixed  by  the  Commission.   The  State
34    Comptroller  shall  draw  a  warrant  to the injured employee
                            -26-               LRB9011497WHsb
 1    along with a receipt to be executed by the  injured  employee
 2    and  returned  to  the  Commission.  The endorsed warrant and
 3    receipt is a full and complete acquittance to the  Commission
 4    for  the  payment  out  of  the Second Injury Fund.  No other
 5    appropriation or warrant is necessary for payment out of  the
 6    Second  Injury  Fund.  The Second Injury Fund is appropriated
 7    for the purpose of making payments according to the terms  of
 8    the awards.
 9        As  of  July  1, 1980 to July 1, 1982, all claims against
10    and obligations of the Second Injury Fund shall become claims
11    against and obligations of the Rate Adjustment  Fund  to  the
12    extent  there is insufficient money in the Second Injury Fund
13    to pay such  claims  and  obligations.   In  that  case,  all
14    references to "Second Injury Fund" in this Section shall also
15    include the Rate Adjustment Fund.
16        (g)  Every  award  for permanent total disability entered
17    by the Commission on and after   July  1,  1965  under  which
18    compensation  payments shall become due and payable after the
19    effective date of this amendatory Act, and  every  award  for
20    death  benefits  or permanent total disability entered by the
21    Commission on and after the effective date of this amendatory
22    Act shall be subject to annual adjustments as to  the  amount
23    of  the  compensation rate therein provided. Such adjustments
24    shall first be made on July 15, 1977, and all awards made and
25    entered prior to July 1, 1975 and on July  15  of  each  year
26    thereafter.  In all other cases such adjustment shall be made
27    on  July 15 of the second year next following the date of the
28    entry of the award and shall  further  be  made  on  July  15
29    annually  thereafter.   If during the intervening period from
30    the date of the entry of the  award,  or  the  last  periodic
31    adjustment,  there shall have been an increase in the State's
32    average  weekly  wage  in  covered   industries   under   the
33    Unemployment  Insurance  Act,  the  weekly  compensation rate
34    shall be proportionately increased by the same percentage  as
                            -27-               LRB9011497WHsb
 1    the percentage of increase in the State's average weekly wage
 2    in  covered  industries under the Unemployment Insurance Act.
 3    The increase in the compensation rate  under  this  paragraph
 4    shall  in  no  event  bring the total compensation rate to an
 5    amount  greater  than  the  prevailing  maximum  rate.   Such
 6    increase shall be paid in the same manner as herein  provided
 7    for  payments  under  the  Second  Injury Fund to the injured
 8    employee, or his dependents, as the case may be, out  of  the
 9    Rate  Adjustment  Fund provided in paragraph (f) of Section 7
10    of this Act.  Payments shall be made at the same intervals as
11    provided in the award or, at the option  of  the  Commission,
12    may  be made in quarterly payment on the 15th day of January,
13    April, July and October of each year.   In  the  event  of  a
14    decrease in such average weekly wage there shall be no change
15    in the then existing compensation rate.  The within paragraph
16    shall  not  apply  to cases where there is disputed liability
17    and in which a compromise lump  sum  settlement  between  the
18    employer  and the injured employee, or his dependents, as the
19    case may  be,  has  been  duly  approved  by  the  Industrial
20    Commission.
21        Provided,   that  in  cases  of  awards  entered  by  the
22    Commission for injuries occurring before July  1,  1975,  the
23    increases   in  the  compensation  rate  adjusted  under  the
24    foregoing provision of this paragraph (g) shall be limited to
25    increases in the  State's  average  weekly  wage  in  covered
26    industries  under  the  Unemployment  Insurance Act occurring
27    after July 1, 1975.
28        (h)  In case death occurs from any cause before the total
29    compensation to which the employee would have  been  entitled
30    has  been  paid,  then in case the employee leaves any widow,
31    widower, child, parent (or  any  grandchild,  grandparent  or
32    other  lineal  heir  or  any collateral heir dependent at the
33    time of the accident upon the earnings of the employee to the
34    extent of 50% or more of total dependency) such  compensation
                            -28-               LRB9011497WHsb
 1    shall  be  paid to the beneficiaries of the deceased employee
 2    and distributed as provided in paragraph (g) of Section 7.
 3        (h-1)  In  case  an  injured  employee  is  under   legal
 4    disability at the time when any right or privilege accrues to
 5    him  or  her  under  this  Act,  a  guardian may be appointed
 6    pursuant to law, and may, on  behalf  of  such  person  under
 7    legal  disability,  claim  and  exercise  any  such  right or
 8    privilege with the same effect as if the employee himself  or
 9    herself  had claimed or exercised the right or privilege.  No
10    limitations of time provided by this Act run so long  as  the
11    employee   who   is  under  legal  disability  is  without  a
12    conservator or guardian.
13        (i)  In case the injured employee is under  16  years  of
14    age  at  the  time of the accident and is illegally employed,
15    the amount of compensation payable under paragraphs (b), (c),
16    (d), (e) and (f) of this Section is increased 50%.
17        However, where an employer  has  on  file  an  employment
18    certificate  issued  pursuant  to the Child Labor Law or work
19    permit issued pursuant to the Federal  Fair  Labor  Standards
20    Act,  as  amended,  or  a birth certificate properly and duly
21    issued, such certificate,  permit  or  birth  certificate  is
22    conclusive  evidence  as  to  the  age  of  the injured minor
23    employee for the purposes of this Section.
24        Nothing herein contained repeals or amends the provisions
25    of the Child Labor Law relating to the employment  of  minors
26    under the age of 16 years.
27        (j) 1.  In   the  event  the  injured  employee  receives
28    benefits, including medical, surgical  or  hospital  benefits
29    under  any  group plan covering non-occupational disabilities
30    contributed to wholly or partially  by  the  employer,  which
31    benefits  should  not  have  been  payable  if  any rights of
32    recovery existed under this Act, then such amounts so paid to
33    the employee from any such group plan as shall be  consistent
34    with,  and  limited to, the provisions of paragraph 2 hereof,
                            -29-               LRB9011497WHsb
 1    shall be credited to or against any compensation payment  for
 2    temporary  total incapacity for work or any medical, surgical
 3    or hospital benefits made or to be made under  this  Act.  In
 4    such   event,  the  period  of  time  for  giving  notice  of
 5    accidental injury and filing application  for  adjustment  of
 6    claim  does not commence to run until the termination of such
 7    payments.  This paragraph does not  apply  to  payments  made
 8    under   any   group   plan  which  would  have  been  payable
 9    irrespective of an accidental injury  under  this  Act.   Any
10    employer  receiving such credit shall keep such employee safe
11    and harmless from any and all claims or liabilities that  may
12    be  made  against  him  by  reason  of  having  received such
13    payments only to the extent of such credit.
14        Any excess benefits paid to  or  on  behalf  of  a  State
15    employee  by  the  State  Employees'  Retirement System under
16    Article 14 of the Illinois Pension Code on a death  claim  or
17    disputed  disability  claim  shall  be  credited  against any
18    payments made or to be made by the State of Illinois to or on
19    behalf of such employee under this Act, except  for  payments
20    for  medical expenses which have already been incurred at the
21    time of the award.  The  State  of  Illinois  shall  directly
22    reimburse  the  State  Employees'  Retirement  System  to the
23    extent of such credit.
24        2.  Nothing contained in this Act shall be  construed  to
25    give  the  employer  or  the  insurance  carrier the right to
26    credit for any benefits or payments received by the  employee
27    other  than  compensation  payments provided by this Act, and
28    where the employee receives payments other than  compensation
29    payments,  whether as full or partial salary, group insurance
30    benefits, bonuses,  annuities  or  any  other  payments,  the
31    employer  or  insurance carrier shall receive credit for each
32    such payment only to the  extent  of  the  compensation  that
33    would  have  been  payable  during the period covered by such
34    payment.
                            -30-               LRB9011497WHsb
 1        3.  The  extension  of  time  for  the   filing   of   an
 2    Application  for Adjustment of Claim as provided in paragraph
 3    1 above shall not apply to those cases  where  the  time  for
 4    such  filing  had expired prior to the date on which payments
 5    or benefits enumerated herein have been initiated or resumed.
 6    Provided however that this paragraph 3 shall  apply  only  to
 7    cases wherein the payments or benefits hereinabove enumerated
 8    shall be received after July 1, 1969.
 9    (Source: P.A. 89-470, eff. 6-13-96.)
10        (820 ILCS 305/16) (from Ch. 48, par. 138.16)
11        Sec.   16.    The   Commission  shall  make  and  publish
12    procedural rules and  orders  for  carrying  out  the  duties
13    imposed  upon  it  by  law  and for determining the extent of
14    disability sustained, which rules and orders shall be  deemed
15    prima facie reasonable and valid.
16        The  process and procedure before the Commission shall be
17    as simple and summary as reasonably may be.
18        The Commission upon application of either party may issue
19    dedimus potestatem directed to a commissioner, notary public,
20    justice of the peace or any other officer authorized  by  law
21    to  administer oaths, to take the depositions of such witness
22    or witnesses as may be necessary  in  the  judgment  of  such
23    applicant.   Such  dedimus potestatem may issue to any of the
24    officers aforesaid in any state or territory  of  the  United
25    States.   When  the  deposition  of any witness resident of a
26    foreign country is desired to be taken, the dedimus shall  be
27    directed  to  and  the deposition taken before a consul, vice
28    consul or other authorized representative of  the  government
29    of  the  United  States  of  America, whose station is in the
30    country where the witness whose deposition  is  to  be  taken
31    resides.   In  countries  where  the government of the United
32    States has no consul or other diplomatic representative, then
33    depositions  in  such  case  shall  be  taken   through   the
                            -31-               LRB9011497WHsb
 1    appropriate  judicial  authority  of  that  country; or where
 2    treaties provide for other  methods  of  taking  depositions,
 3    then  the same may be taken as in such treaties provided. The
 4    Commission shall have the power to adopt necessary  rules  to
 5    govern the issue of such dedimus potestatem.
 6        The  Commission, or any member thereof, or any Arbitrator
 7    designated  by  the  Commission  shall  have  the  power   to
 8    administer  oaths,  subpoena  and examine witnesses; to issue
 9    subpoenas duces  tecum,  requiring  the  production  of  such
10    books,  papers,  records  and documents as may be evidence of
11    any matter under inquiry and to examine and inspect the  same
12    and  such places or premises as may relate to the question in
13    dispute. The  Commission,  or  any  member  thereof,  or  any
14    Arbitrator  designated  by  the  Commission, shall on written
15    request of either party to the dispute, issue  subpoenas  for
16    the  attendance  of  such  witnesses  and  production of such
17    books, papers, records and documents as shall  be  designated
18    in  the  applications,  and  the  parties  applying  for such
19    subpoena shall advance the officer and witness fees  provided
20    for in civil actions pending in circuit courts of this State,
21    except  as  otherwise  provided  by  Section  20 of this Act.
22    Service of such subpoena shall be  made  by  any  sheriff  or
23    other  person.   In case any person refuses to comply with an
24    order of the Commission or subpoenas issued by it or  by  any
25    member   thereof,   or   any  Arbitrator  designated  by  the
26    Commission or to permit an inspection of places or  premises,
27    or to produce any books, papers, records or documents, or any
28    witness  refuses to testify to any matters regarding which he
29    or she may be lawfully interrogated, the Circuit Court of the
30    county  in  which  the  hearing  or  matter  is  pending,  on
31    application of any member of the Commission or any Arbitrator
32    designated by  the  Commission,  shall  compel  obedience  by
33    attachment  proceedings,  as  for  contempt,  as in a case of
34    disobedience of the requirements  of  a  subpoena  from  such
                            -32-               LRB9011497WHsb
 1    court on a refusal to testify therein.
 2        The  records kept by a hospital, certified to as true and
 3    correct by the superintendent or  other  officer  in  charge,
 4    showing  the  medical and surgical treatment given an injured
 5    employee in such hospital, shall be  admissible  without  any
 6    further proof as evidence of the medical and surgical matters
 7    stated  therein,  but  shall  not be conclusive proof of such
 8    matters.
 9        The Commission at its expense shall provide  an  official
10    court   reporter   to   take  the  testimony  and  record  of
11    proceedings at the  hearings  before  an  Arbitrator  or  the
12    Commission,  who shall furnish a transcript of such testimony
13    or proceedings to either party requesting  it,  upon  payment
14    therefor  at  the rate of $1.00 per page for the original and
15    35 cents per page for each copy of such transcript.   Payment
16    for  photostatic  copies  of exhibits shall be extra.  If the
17    Commission has determined, as provided in Section 20 of  this
18    Act, that the employee is a poor person, a transcript of such
19    testimony  and  proceedings,  including photostatic copies of
20    exhibits,  shall  be  furnished  to  such  employee  at   the
21    Commission's expense.
22        The  Commission  shall  have  the  power to determine the
23    reasonableness and fix the amount of any fee of  compensation
24    charged  by  any  person,  including  attorneys,  physicians,
25    surgeons   and   hospitals,  for  any  service  performed  in
26    connection with this Act, or for which payment is to be  made
27    under  this  Act or rendered in securing any right under this
28    Act.   Health care provider compensation shall be  determined
29    in  accordance  with  the  provisions  of  subsection  (a) of
30    Section 8 of this Act.
31        Whenever the Commission shall find that the employer, his
32    or her agent, service company or insurance carrier  has  been
33    guilty  of  delay  or  unfairness  towards an employee in the
34    adjustment,  settlement  or  payment  of  benefits  due  such
                            -33-               LRB9011497WHsb
 1    employee within the purview of the  provisions  of  paragraph
 2    (c)  of  Section  4  of  this  Act;  or  has  been  guilty of
 3    unreasonable or vexatious delay, intentional under-payment of
 4    compensation benefits, or has engaged in  frivolous  defenses
 5    which  do  not present a real controversy, within the purview
 6    of the provisions of paragraph (k) of Section 19 of this Act,
 7    the Commission may assess all or any part of  the  attorney's
 8    fees and costs against such employer and his or her insurance
 9    carrier.
10    (Source: P.A. 86-998.)
11        Section  15.   The  Workers' Occupational Diseases Act is
12    amended by changing Section 16 as follows:
13        (820 ILCS 310/16) (from Ch. 48, par. 172.51)
14        Sec. 16. The Commission shall make and publish procedural
15    rules and orders for carrying out the duties imposed upon  it
16    by  law,  which  rules and orders shall be deemed prima facie
17    reasonable and valid.
18        The process and procedure before the Commission shall  be
19    as simple and summary as reasonably may be.
20        The Commission upon application of either party may issue
21    a  dedimus  potestatem  directed  to  a  commissioner, notary
22    public, magistrate, justice of the peace or any other officer
23    authorized  by  law  to  administer  oaths,   to   take   the
24    depositions  of such witness or witnesses as may be necessary
25    in the judgment of such applicant.  Such  dedimus  potestatem
26    may  issue  to  any of the officers aforesaid in any state or
27    territory of the United States.  When the deposition  of  any
28    witness resident of a foreign country is desired to be taken,
29    the  dedimus  shall  be  directed to and the deposition taken
30    before  a   consul,   vice   consul   or   other   authorized
31    representative  of  the  government  of  the United States of
32    America, whose station is in the country  where  the  witness
                            -34-               LRB9011497WHsb
 1    whose  deposition is to be taken resides.  In countries where
 2    the government of the United States has no  consul  or  other
 3    diplomatic  representative,  then  depositions  in  such case
 4    shall be taken through the appropriate judicial authority  of
 5    that  country; or where treaties provide for other methods of
 6    taking depositions, then the same may be  taken  as  in  such
 7    treaties  provided.   The  Commission shall have the power to
 8    adopt necessary rules to govern the  issue  of  such  dedimus
 9    potestatem.
10        The  Commission, or any member thereof, or any Arbitrator
11    designated  by  said  Commission  shall  have  the  power  to
12    administer oaths, subpoena and examine  witnesses;  to  issue
13    subpoenas  duces  tecum,  requiring  the  production  of such
14    books, papers, records and documents as may  be  evidence  of
15    any  matter under inquiry and to examine and inspect the same
16    and such places or premises as may relate to the question  in
17    dispute.  Said  Commission  or  any  member  thereof,  or any
18    Arbitrator designated by said Commission,  shall  on  written
19    request  of  either party to the dispute, issue subpoenas for
20    the attendance of  such  witnesses  and  production  of  such
21    books,  papers,  records and documents as shall be designated
22    in said applications, providing  however,  that  the  parties
23    applying  for  such  subpoena  shall  advance the officer and
24    witness fees provided for in suits  pending  in  the  Circuit
25    Court.  Service of such subpoena shall be made by any sheriff
26    or  other  person.  In case any person refuses to comply with
27    an order of the Commission or subpoenas issued by  it  or  by
28    any  member  thereof,  or  any  Arbitrator designated by said
29    Commission or to permit an inspection of places or  premises,
30    or to produce any books, papers, records or documents, or any
31    witness  refuses to testify to any matters regarding which he
32    may be lawfully  interrogated,  the  Circuit  Court  for  the
33    county  in  which  said  hearing  or  matter  is  pending, on
34    application of any member of the Commission or any Arbitrator
                            -35-               LRB9011497WHsb
 1    designated by  the  Commission,  shall  compel  obedience  by
 2    attachment  proceedings,  as  for  contempt,  as in a case of
 3    disobedience of the requirements  of  a  subpoena  from  such
 4    court on a refusal to testify therein.
 5        The  records kept by a hospital, certified to as true and
 6    correct by the superintendent or  other  officer  in  charge,
 7    showing  the  medical and surgical treatment given an injured
 8    employee in such hospital, shall be  admissible  without  any
 9    further proof as evidence of the medical and surgical matters
10    stated  therein,  but  shall  not be conclusive proof of such
11    matters.
12        The Commission at its expense shall provide  an  official
13    court   reporter   to   take  the  testimony  and  record  of
14    proceedings at the  hearings  before  an  Arbitrator  or  the
15    Commission,  who shall furnish a transcript of such testimony
16    or proceedings to either party requesting it, upon payment to
17    him therefor at the rate of $1.00 per page for  the  original
18    and  35  cents  per  page  for  each copy of such transcript.
19    Payment for photostatic copies of exhibits  shall  be  extra.
20    If the Commission has determined, as provided in Section 19.5
21    of this Act, that the employee is a poor person, a transcript
22    of  such  testimony  and  proceedings,  including photostatic
23    copies of exhibits, shall be furnished to  such  employee  at
24    the Commission's expense.
25        The  Commission  shall  have  the  power to determine the
26    reasonableness and fix the amount of any fee of  compensation
27    charged  by  any  person,  including  attorneys,  physicians,
28    surgeons   and   hospitals,  for  any  service  performed  in
29    connection with this Act, or for which payment is to be  made
30    under  this  Act or rendered in securing any right under this
31    Act.   Health care provider compensation shall be  determined
32    in  accordance  with  the  provisions  of  subsection  (a) of
33    Section 8 of the Workers' Compensation Act.
34        Whenever the Commission shall find that the employer, his
                            -36-               LRB9011497WHsb
 1    agent, service company or insurance carrier has  been  guilty
 2    of delay or unfairness towards an employee in the adjustment,
 3    settlement  or  payment  of benefits due such employee or has
 4    been guilty of unreasonable or vexatious  delay,  intentional
 5    under-payment  of  compensation  benefits,  or has engaged in
 6    frivolous defenses which do not present a  real  controversy,
 7    the  Commission  may assess all or any part of the attorney's
 8    fees and  costs  against  such  employer  and  his  insurance
 9    carrier.
10    (Source: P.A. 86-998; 87-895.)
11        Section  95.  The  provisions  of  this Act are severable
12    under Section 1.31 of the Statute on Statutes.
13        Section 99.  Effective date.  This Act  takes  effect  on
14    January 1, 1999.

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