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90_SB1749 820 ILCS 305/19.2 new Amends the Workers' Compensation Act. Provides that a collective bargaining agreement with any the following elements between an employer involved in certain construction-related activities and a labor organization is valid and binding: an alternative dispute resolution system to supplement, modify, or replace the procedures in the Act; an agreed list of medical providers; an agreed list of examining physicians; a light duty, modified job, or return to work program; or a vocational rehabilitation or retraining program. Provides that agreement may not diminish an employee's right to benefits. Provides that these provisions are repealed on May 31, 2001. LRB9011583WHmg LRB9011583WHmg 1 AN ACT to amend the Workers' Compensation Act by adding 2 Section 19.2. 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 adding Section 19.2 as follows: 7 (820 ILCS 305/19.2 new) 8 Sec. 19.2. Collective bargaining agreements. 9 (a) Subject to the limitation stated in subsection (b), 10 a provision that is mutually agreed upon in a collective 11 bargaining agreement filed with the Industrial Commission 12 between an employer engaged in building construction, 13 building construction maintenance, or activities limited to 14 rock, cement, and asphalt operations, heavy-duty mechanics, 15 surveying, and inspection as related to building construction 16 and a recognized or certified exclusive bargaining 17 representative establishing any or all of the following is 18 valid and binding: 19 (i) An alternative dispute resolution system to 20 supplement, modify, or replace the provisions of this Act 21 which may include, but is not limited to, mediation and 22 arbitration. Arbitration under this subdivision (i) may 23 be binding upon the parties. 24 (ii) The use of an agreed list of providers of 25 medical treatment, which may be the exclusive source of 26 all medical and related treatment provided under this 27 Act. 28 (iii) The use of an agreed list of physicians to 29 conduct medical examinations and offer opinions and 30 testimony, which may be the exclusive source of all 31 medical examinations and opinions provided under this -2- LRB9011583WHmg 1 Act. 2 (iv) A light duty, modified job, or return to work 3 program. 4 (v) A vocational rehabilitation or retraining 5 program. 6 (b) Nothing in this Section shall be construed to allow 7 any agreement that diminishes an employee's entitlement to 8 benefits as otherwise set forth in this Act, and any 9 agreement in violation of this subsection (b) is null and 10 void. 11 (c) This Section is repealed on May 31, 2001.
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