State of Illinois
91st General Assembly
Legislation

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91_SB0269

 
                                               LRB9102343BBdv

 1        AN  ACT  to  amend certain Acts in relation to accidental
 2    injuries.

 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 11 as follows:

 7        (820 ILCS 305/11) (from Ch. 48, par. 138.11)
 8        Sec. 11.  The compensation herein provided, together with
 9    the provisions of this Act,  shall  be  the  measure  of  the
10    responsibility   of  any  employer  engaged  in  any  of  the
11    enterprises or businesses enumerated in  Section  3  of  this
12    Act,  or  of  any  employer  who  is  not engaged in any such
13    enterprises or businesses, but who has elected to provide and
14    pay compensation for accidental  injuries  sustained  by  any
15    employee  arising  out of and in the course of the employment
16    according to the provisions of this Act, and  whose  election
17    to  continue  under  this  Act, has not been nullified by any
18    action of his employees as provided for in this Act.
19        Accidental  injuries  incurred  while  participating   in
20    voluntary  recreational programs including but not limited to
21    athletic events, parties and picnics do not arise out of  and
22    in the course of the employment even though the employer pays
23    some  or  all  of the cost thereof.  This exclusion shall not
24    apply in the event that the injured employee was  ordered  or
25    assigned by his employer to participate in the program.
26        Accidental  injuries  incurred  while  participating as a
27    patient in a drug or alcohol rehabilitation  program  do  not
28    arise  out of and in the course of employment even though the
29    employer pays some or all of the costs thereof.
30        On and after the effective date of this amendatory Act of
31    the 91st General Assembly, accidental injuries  incurred  due
 
                            -2-                LRB9102343BBdv
 1    to  repetitive  or cumulative trauma, or disability caused by
 2    the natural deterioration or breakdown of tissue, an organ or
 3    part of the body, do not arise out of and in  the  course  of
 4    the  employment unless the injury or breakdown results from a
 5    risk peculiar to or increased  by  the  employment,  and  not
 6    common to the general public, which is the major contributory
 7    cause,  rather  than  merely  a  contributory  cause, of such
 8    injury or breakdown.
 9    (Source: P.A. 81-1482.)

10        Section 11.  The Workers' Occupational  Diseases  Act  is
11    amended by changing Section 11 as follows:

12        (820 ILCS 310/11) (from Ch. 48, par. 172.46)
13        Sec.  11.  The  compensation herein provided for shall be
14    the full, complete and only measure of the liability  of  the
15    employer bound by election under this Act and such employer's
16    liability  for  compensation  and medical benefits under this
17    Act shall be exclusive and in place  of  any  and  all  other
18    civil  liability  whatsoever,  at common law or otherwise, to
19    any employee  or  his  legal  representative  on  account  of
20    damage,  disability  or death caused or contributed to by any
21    disease  contracted  or  sustained  in  the  course  of   the
22    employment.
23        On and after the effective date of this amendatory Act of
24    the  91st  General Assembly, accidental injuries incurred due
25    to repetitive or cumulative trauma, or disability  caused  by
26    the natural deterioration or breakdown of tissue, an organ or
27    part  of  the  body, do not arise out of and in the course of
28    the employment unless the injury or breakdown results from  a
29    risk  peculiar  to  or  increased  by the employment, and not
30    common to the general public, which is the major contributory
31    cause, rather than  merely  a  contributory  cause,  of  such
32    injury or breakdown.
 
                            -3-                LRB9102343BBdv
 1    (Source: Laws 1951, p. 1095.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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