State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]

91_SB1718

 
                                               LRB9111513WHcs

 1        AN ACT to amend the Workers' Compensation Act by changing
 2    Sections 7 and 8.

 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 Sections 7 and 8 as follows:

 7        (820 ILCS 305/7) (from Ch. 48, par. 138.7)
 8        Sec.  7.  The  amount of compensation which shall be paid
 9    for an accidental injury to the employee resulting  in  death
10    is:
11        (a)  If  the  employee leaves surviving a widow, widower,
12    child or children, the applicable  weekly  compensation  rate
13    computed  in accordance with subparagraph 2 of paragraph  (b)
14    of Section 8, shall be payable during the life of  the  widow
15    or  widower  and if any surviving child or children shall not
16    be physically or mentally incapacitated then until the  death
17    of  the  widow  or  widower or until the youngest child shall
18    reach the age of 18, whichever  shall  come  later;  provided
19    that  if  such  child or children shall be enrolled as a full
20    time student in any accredited educational  institution,  the
21    payments shall continue until such child has attained the age
22    of 25.  In the event any surviving child or children shall be
23    physically  or  mentally  incapacitated,  the  payments shall
24    continue for the duration of such incapacity.
25        The term "child" means a child whom the deceased employee
26    left surviving, including a posthumous child, a child legally
27    adopted, a child  whom  the  deceased  employee  was  legally
28    obligated to support or a child to whom the deceased employee
29    stood in loco parentis.  The term "children" means the plural
30    of "child".
31        The  term  "physically or mentally incapacitated child or
 
                            -2-                LRB9111513WHcs
 1    children" means a child or children incapable of engaging  in
 2    regular and substantial gainful employment.
 3        In  the  event  of  the remarriage of a widow or widower,
 4    where the decedent did  not  leave  surviving  any  child  or
 5    children who, at the time of such remarriage, are entitled to
 6    compensation  benefits  under  this Act, the surviving spouse
 7    shall be paid a  lump  sum  equal  to  2  years  compensation
 8    benefits  and  all  further  rights  of such widow or widower
 9    shall be extinguished.
10        If the employee leaves surviving any  child  or  children
11    under  18  years  of  age  who  at the time of death shall be
12    entitled to compensation under this  paragraph  (a)  of  this
13    Section, the weekly compensation payments herein provided for
14    such  child  or  children  shall  in any event continue for a
15    period of not less than 6 years.
16        Any  beneficiary  entitled  to  compensation  under  this
17    paragraph (a) of this Section shall receive from the  special
18    fund  provided  in paragraph (f) of this Section, in addition
19    to the compensation herein provided, supplemental benefits in
20    accordance with paragraph (g) of Section 8.
21        (b)  If no compensation is payable under paragraph (a) of
22    this Section and the employee leaves surviving  a  parent  or
23    parents  who  at  the  time  of  the  accident  were  totally
24    dependent  upon  the  earnings  of  the  employee then weekly
25    payments equal to the compensation rate payable in  the  case
26    where the employee leaves surviving a widow or widower, shall
27    be  paid  to such parent or parents for the duration of their
28    lives, and in the event of the death of either, for the  life
29    of the survivor.
30        (c)  If  no  compensation is payable under paragraphs (a)
31    or (b) of this Section and the employee leaves surviving  any
32    child  or children who are not entitled to compensation under
33    the foregoing paragraph (a)  but  who  at  the  time  of  the
34    accident  were  nevertheless in any manner dependent upon the
 
                            -3-                LRB9111513WHcs
 1    earnings of the employee, or leaves  surviving  a  parent  or
 2    parents  who  at  the  time  of  the  accident were partially
 3    dependent upon the earnings of the employee, then there shall
 4    be paid to such dependent or dependents for  a  period  of  8
 5    years  weekly compensation payments at such proportion of the
 6    applicable rate if the employee had left surviving a widow or
 7    widower as such dependency bears to total dependency.  In the
 8    event of the death of any such beneficiary the share of  such
 9    beneficiary  shall  be  divided  equally  among the surviving
10    beneficiaries  and in the event of the death of the last such
11    beneficiary all the rights  under  this  paragraph  shall  be
12    extinguished.
13        (d)  If  no compensation is payable under paragraphs (a),
14    (b) or (c) of this Section and the employee leaves  surviving
15    any grandparent, grandparents, grandchild or grandchildren or
16    collateral  heirs  dependent  upon the employee's earnings to
17    the extent of 50% or more of  total  dependency,  then  there
18    shall be paid to such dependent or dependents for a period of
19    5  years  weekly  compensation payments at such proportion of
20    the applicable rate if the  employee  had  left  surviving  a
21    widow   or   widower   as  such  dependency  bears  to  total
22    dependency.   In  the  event  of  the  death  of   any   such
23    beneficiary  the  share  of such beneficiary shall be divided
24    equally among the surviving beneficiaries and in the event of
25    the death of the last such beneficiary all  rights  hereunder
26    shall be extinguished.
27        (e)  The  compensation  to  be paid for accidental injury
28    which results in death, as provided in this Section, shall be
29    paid to the persons who form the basis  for  determining  the
30    amount  of  compensation  to  be  paid  by  the employer, the
31    respective shares to be in the proportion of their respective
32    dependency at the time of the accident on the earnings of the
33    deceased.  The Commission or an Arbitrator  thereof  may,  in
34    its  or  his  discretion,  order  or award the payment to the
 
                            -4-                LRB9111513WHcs
 1    parent or grandparent of a child for the latter's support the
 2    amount of compensation which but  for  such  order  or  award
 3    would  have  been  paid  to  such  child  as its share of the
 4    compensation payable, which order or award  may  be  modified
 5    from  time  to  time by the Commission in its discretion with
 6    respect to the person to whom shall be paid the amount of the
 7    order  or  award  remaining  unpaid  at  the  time   of   the
 8    modification.
 9        The   payments   of   compensation  by  the  employer  in
10    accordance  with  the  order  or  award  of  the   Commission
11    discharges  such  employer  from all further obligation as to
12    such compensation.
13        (f)  The sum of $4200 for burial expenses shall  be  paid
14    by  the  employer  to  the widow or widower, other dependent,
15    next of kin or to the person or persons incurring the expense
16    of burial.
17        In the event the employer  failed  to  provide  necessary
18    first  aid,  medical,  surgical or hospital service, he shall
19    pay the cost thereof to the person  or  persons  entitled  to
20    compensation  under  paragraphs  (a), (b), (c) or (d) of this
21    Section, or to the person or persons incurring the obligation
22    therefore, or providing the same.
23        On January 15 and July 15, 1981, and on  January  15  and
24    July  15  of each year thereafter the Commission shall assess
25    all employers in the aggregate a total employer shall  within
26    60  days  pay  a  sum  equal to 1/8 of 1% of all compensation
27    payments made by employers him after  July  1,  1980,  either
28    under  this  Act  or  the Workers' Occupational Diseases Act,
29    whether  by  lump  sum  settlement  or  weekly   compensation
30    payments,   but   not   including   hospital,   surgical   or
31    rehabilitation  payments,  made during the first 6 months and
32    during the second 6 months respectively of  the  fiscal  year
33    next  preceding the date of the payments, into a special fund
34    which shall be designated the "Second Injury Fund", of  which
 
                            -5-                LRB9111513WHcs
 1    the  State  Treasurer  is  ex-officio custodian, such special
 2    fund to be held and disbursed for  the  purposes  hereinafter
 3    stated  in  paragraphs  (f) and (g) of Section 8, either upon
 4    the order of the Commission or of a  competent  court.   Said
 5    special  fund  shall be deposited the same as are State funds
 6    and any interest accruing  thereon  shall  be  added  thereto
 7    every  6  months.   It  is subject to audit the same as State
 8    funds and accounts and is protected by the General bond given
 9    by the State Treasurer.  It is considered always appropriated
10    for the purposes of disbursements as provided in  Section  8,
11    paragraph  (f),  of  this  Act,  and  shall  be  paid out and
12    disbursed as therein provided and shall not at  any  time  be
13    appropriated or diverted to any other use or purpose.
14        The  assessment  for  the  Second  Injury  Fund  shall be
15    allocated  between   self-insured   employers   and   insured
16    employers  based  on  compensation payments for the preceding
17    fiscal year,  as  provided  in  this  Section.   Compensation
18    payments  shall  include  all payments made either under this
19    Act or the Workers' Occupational  Diseases  Act,  whether  by
20    lump  sum settlement or weekly compensation payments, but not
21    including hospital,  surgical,  or  rehabilitation  payments.
22    The method of assessing self-insured employers shall be based
23    on  compensation  payments.   The method of assessing insured
24    employers shall be a surcharge based on premium as set  forth
25    in this Section.
26        The  portion  of the total aggregate amount that shall be
27    collected from self-insured employers shall be a sum equal to
28    that proportion of the total compensation  payments  for  the
29    preceding  fiscal  year which the total compensation payments
30    of all self-insured employers bore to the total  compensation
31    payments  made  by  all  self-insured  employers  and insured
32    employers during the preceding fiscal year.  The  portion  of
33    the  total  aggregate  amount  that  shall  be collected from
34    insured employers shall be a sum equal to that proportion  of
 
                            -6-                LRB9111513WHcs
 1    the total compensation payments for the preceding fiscal year
 2    which  the  total  compensation  payments  on  behalf  of all
 3    insured employers bore to  the  total  compensation  payments
 4    made  by  all  self-insured  employers  and insured employers
 5    during the preceding fiscal year.  An employer who has ceased
 6    to be a self-insurer shall continue  to  be  liable  for  any
 7    assessments  based  on  compensation  payments  made  by  the
 8    employer in the preceding fiscal year.
 9        Insurers   shall  collect  such  assessments  from  their
10    policyholders  through  a   surcharge   based   on   premium.
11    Assessments when collected shall not constitute an element of
12    loss  for  the  purpose  of  establishing  rates for workers'
13    compensation insurance, but, for the purpose  of  collection,
14    shall  be  treated  as  separate  costs  imposed upon insured
15    employers.  The premium surcharge shall be excluded from  the
16    definition of premium for all purposes, including computation
17    of agents' commissions or premium taxes, provided, an insurer
18    may  cancel a workers' compensation policy for non-payment of
19    the premium surcharge.
20        Assessments  on  self-insured   employers   and   insured
21    employers  shall  be  sent  on January 15 and July 15 of each
22    year after the effective date of this amendatory Act  of  the
23    91st  General  Assembly.  Self-insured employers shall report
24    and remit payment and insurers shall report and remit premium
25    surcharges 60 days after the assessment.
26        On January 15, 1991, the employer shall further pay a sum
27    equal to one half of 1% of all compensation payments made  by
28    him  from  January 1, 1990 through June 30, 1990 either under
29    this Act or under the  Workers'  Occupational  Diseases  Act,
30    whether   by  lump  sum  settlement  or  weekly  compensation
31    payments,   but   not   including   hospital,   surgical   or
32    rehabilitation payments,  into  an  additional  Special  Fund
33    which  shall  be designated as the "Rate Adjustment Fund". On
34    March  15,  1991,  the  employer  shall  pay  into  the  Rate
 
                            -7-                LRB9111513WHcs
 1    Adjustment Fund a sum equal to one half of  1%  of  all  such
 2    compensation payments made from July 1, 1990 through December
 3    31,  1990.   Within 60 days after July 15, 1991, the employer
 4    shall pay into the Rate Adjustment Fund a sum  equal  to  one
 5    half  of  1%  of  all  such  compensation  payments made from
 6    January 1, 1991 through June 30, 1991.  Within 60 days  after
 7    January 15 of 1992 and each subsequent year through 1996, the
 8    employer  shall pay into the Rate Adjustment Fund a sum equal
 9    to one half of 1% of all such compensation payments  made  in
10    the  last 6 months of the preceding calendar year.  Within 60
11    days after July 15 of 1992 and each subsequent  year  through
12    1995,  the employer shall pay into the Rate Adjustment Fund a
13    sum equal to one half of 1% of all such compensation payments
14    made in the first 6 months of the same calendar year.  Within
15    60  days  after  January 15 of 1997 and each subsequent year,
16    the employer shall pay into the Rate Adjustment  Fund  a  sum
17    equal  to  three-fourths  of  1%  of  all  such  compensation
18    payments  made in the last 6 months of the preceding calendar
19    year.   Within 60  days  after  July  15  of  1996  and  each
20    subsequent  year,  the  employer  shall  pay  into  the  Rate
21    Adjustment  Fund  a  sum  equal to three-fourths of 1% of all
22    such compensation payments made in the first 6 months of  the
23    same  calendar  year.  On January 15 and July 15 of each year
24    following the effective date of this amendatory  Act  of  the
25    91st  General  Assembly,  the  Commission  shall  assess  all
26    employers   in   the   aggregate    a   total  sum  equal  to
27    three-fourths of 1% of all such compensation payments made in
28    the  first  6  months  of  the  same  calendar  year  by  all
29    employers. Self-insured  employers  shall  report  and  remit
30    payment   and   insurers   shall  report  and  remit  premium
31    surcharges 60 days after the assessment. The  assessment  for
32    the   Rate   Adjustment   Fund  shall  be  allocated  between
33    self-insured  employers  and  insured  employers   based   on
34    compensation  payments  for  the  preceding  fiscal  year, as
 
                            -8-                LRB9111513WHcs
 1    provided  in  this  Section.   Compensation  payments   shall
 2    include  all  payments  made  either  under  this  Act or the
 3    Workers' Occupational  Diseases  Act,  whether  by  lump  sum
 4    settlement or weekly compensation payments, but not including
 5    hospital,  surgical,  or rehabilitation payments.  The method
 6    of  assessing  self-insured  employers  shall  be  based   on
 7    compensation  payments.   The  method  of  assessing  insured
 8    employers  shall be a surcharge based on premium as set forth
 9    in this Section.
10        The portion of the total aggregate amount that  shall  be
11    collected from self-insured employers shall be a sum equal to
12    that  proportion  of  the total compensation payments for the
13    preceding fiscal year which the total  compensation  payments
14    of  all self-insured employers bore to the total compensation
15    payments made  by  all  self-insured  employers  and  insured
16    employers  during  the preceding fiscal year.  The portion of
17    the total aggregate  amount  that  shall  be  collected  from
18    insured  employers shall be a sum equal to that proportion of
19    the total compensation payments for the preceding fiscal year
20    which the  total  compensation  payments  on  behalf  of  all
21    insured  employers  bore  to  the total compensation payments
22    made by all  self-insured  employers  and  insured  employers
23    during the preceding fiscal year.  An employer who has ceased
24    to  be  a  self-insurer  shall  continue to be liable for any
25    assessments  based  on  compensation  payments  made  by  the
26    employer in the preceding fiscal year.
27        Insurers  shall  collect  such  assessments  from   their
28    policyholders   through   a   surcharge   based  on  premium.
29    Assessments when collected shall not constitute an element of
30    loss for the  purpose  of  establishing  rates  for  workers'
31    compensation  insurance,  but, for the purpose of collection,
32    shall be treated  as  separate  costs  imposed  upon  insured
33    employers.   The premium surcharge shall be excluded from the
34    definition of premium for all purposes, including computation
 
                            -9-                LRB9111513WHcs
 1    of agents' commissions or premium taxes, provided, an insurer
 2    may cancel a workers' compensation policy for non-payment  of
 3    the premium surcharge. The administrative costs of collecting
 4    assessments from employers for the Rate Adjustment Fund shall
 5    be  paid  from  the  Rate  Adjustment  Fund.   The cost of an
 6    actuarial audit of the Fund  shall  be  paid  from  the  Rate
 7    Adjustment  Fund  and  the  audit shall be completed no later
 8    than  July  1,  1997.  The  State  Treasurer  is  ex  officio
 9    custodian of such Special Fund and the same shall be held and
10    disbursed for the purposes hereinafter stated  in  paragraphs
11    (f)  and (g) of Section 8 upon the order of the Commission or
12    of a competent court.  The  Rate  Adjustment  Fund  shall  be
13    deposited  the  same  as  are  State  funds  and any interest
14    accruing thereon shall be added thereto every 6  months.   It
15    shall  be  subject  to  audit  the  same  as  State funds and
16    accounts and shall be protected by the general bond given  by
17    the  State  Treasurer.   It is considered always appropriated
18    for the purposes of disbursements as provided  in  paragraphs
19    (f)  and  (g)  of Section 8 of this Act and shall be paid out
20    and disbursed as therein provided and shall not at  any  time
21    be  appropriated  or  diverted  to  any other use or purpose.
22    Within 5 days after the effective date of this amendatory Act
23    of 1990,  the  Comptroller  and  the  State  Treasurer  shall
24    transfer $1,000,000 from the General Revenue Fund to the Rate
25    Adjustment  Fund.   By February 15, 1991, the Comptroller and
26    the State Treasurer shall transfer $1,000,000 from  the  Rate
27    Adjustment  Fund  to  the  General  Revenue  Fund.  From  the
28    effective  date  of this amendatory Act of 1993 to October 1,
29    1997, the Comptroller and Treasurer are  authorized  to  make
30    transfers  at  the  request  of the Chairman up to a total of
31    $7,000,000 from the Second Injury Fund, the  General  Revenue
32    Fund, and the Workers' Compensation Benefit Trust Fund to the
33    Rate Adjustment Fund to the extent that there is insufficient
34    money   in  the  Rate  Adjustment  Fund  to  pay  claims  and
 
                            -10-               LRB9111513WHcs
 1    obligations.  Amounts may be  transferred  from  the  General
 2    Revenue  Fund  only if the funds in the Second Injury Fund or
 3    the Workers' Compensation Benefit Trust Fund are insufficient
 4    to pay claims and obligations of the  Rate  Adjustment  Fund.
 5    All  amounts  transferred  from  the  Second Injury Fund, the
 6    General Revenue Fund, and the Workers'  Compensation  Benefit
 7    Trust  Fund  shall  be  repaid  from the Rate Adjustment Fund
 8    within 270 days of a transfer, together with interest at  the
 9    rate  earned  by  moneys on deposit in the Fund or Funds from
10    which the moneys were transferred.
11        Upon a finding by the Commission, after reasonable notice
12    and hearing, that any employer has  willfully  and  knowingly
13    failed  to pay the proper amounts into the Second Injury Fund
14    or the Rate Adjustment Fund required by this  Section  or  if
15    such payments are not made within the time periods prescribed
16    by  this  Section,  the  employer  shall, in addition to such
17    payments, pay a penalty of 20% of the amount required  to  be
18    paid  or  $2,500, whichever is greater, for each year or part
19    thereof of such failure to pay.    This  penalty  shall  only
20    apply to obligations of an employer to the Second Injury Fund
21    or the Rate Adjustment Fund accruing after the effective date
22    of this amendatory Act of 1989. All or part of such a penalty
23    may be waived by the Commission for good cause shown.
24        Any  obligations of an employer to the Second Injury Fund
25    and Rate Adjustment Fund accruing prior to the effective date
26    of this amendatory Act of 1989 shall be paid in full by  such
27    employer  within  5  years  of  the  effective  date  of this
28    amendatory Act of 1989,  with  at  least  one-fifth  of  such
29    obligation   to  be  paid  during  each  year  following  the
30    effective date of  this  amendatory  Act  of  1989.   If  the
31    Commission  finds,  following  reasonable notice and hearing,
32    that an employer has failed to make  timely  payment  of  any
33    obligation   accruing   under  the  preceding  sentence,  the
34    employer shall, in addition to all other payments required by
 
                            -11-               LRB9111513WHcs
 1    this Section, be liable for a penalty equal  to  20%  of  the
 2    overdue  obligation or $2,500, whichever is greater, for each
 3    year or part thereof that obligation is overdue. All or  part
 4    of  such  a  penalty may be waived by the Commission for good
 5    cause shown.
 6        The  Chairman  of  the   Industrial   Commission   shall,
 7    annually,  furnish  to  the  Director  of  the  Department of
 8    Insurance a list of the amounts paid into the  Second  Injury
 9    Fund  and  the Rate Adjustment Fund by each insurance company
10    on behalf of their  insured  employers.  The  Director  shall
11    verify  to  the  Chairman  that  the  amounts  paid  by  each
12    insurance  company  are  accurate as best as the Director can
13    determine from the records available  to  the  Director.  The
14    Chairman   shall   verify  that  the  amounts  paid  by  each
15    self-insurer  are  accurate  as  best  as  the  Chairman  can
16    determine  from  records  available  to  the  Chairman.   The
17    Chairman may require each self-insurer to provide information
18    concerning the total compensation payments  made  upon  which
19    contributions   to  the  Second  Injury  Fund  and  the  Rate
20    Adjustment Fund are predicated and any additional information
21    establishing that such payments have  been  made  into  these
22    funds.  Any deficiencies in payments noted by the Director or
23    Chairman shall be subject to the penalty provisions  of  this
24    Act.
25        The    State    Treasurer,   or   his   duly   authorized
26    representative, shall be named as a party to all  proceedings
27    in  all  cases  involving  claim  for  the  loss  of,  or the
28    permanent and complete loss of the use of one eye, one  foot,
29    one leg, one arm or one hand.
30        The  State  Treasurer  or his duly authorized agent shall
31    have the same rights as any other party  to  the  proceeding,
32    including the right to petition for review of any award.  The
33    reasonable   expenses   of   litigation,   such   as  medical
34    examinations, testimony, and transcript of evidence, incurred
 
                            -12-               LRB9111513WHcs
 1    by the State Treasurer or his duly authorized representative,
 2    shall be borne by the Second Injury Fund.
 3        If the award is not paid within 30 days  after  the  date
 4    the  award  has become final, the Commission shall proceed to
 5    take judgment thereon in its own  name  as  is  provided  for
 6    other  awards  by paragraph (g) of Section 19 of this Act and
 7    take the necessary steps to collect the award.
 8        Any person, corporation or organization who has  paid  or
 9    become  liable  for  the  payment  of  burial expenses of the
10    deceased employee may  in  his  or  its  own  name  institute
11    proceedings before the Commission for the collection thereof.
12        For   the   purpose   of   administration,  receipts  and
13    disbursements, the Special Fund provided for in paragraph (f)
14    of this  Section  shall  be  administered  jointly  with  the
15    Special  Fund provided for in Section 7, paragraph (f) of the
16    Workers' Occupational Diseases Act.
17        (g)  All  compensation,  except   for   burial   expenses
18    provided  in this Section to be paid in case accident results
19    in  death,  shall  be  paid  in  installments  equal  to  the
20    percentage of the average earnings as provided for in Section
21    8, paragraph (b) of this Act, at the same intervals at  which
22    the wages or earnings of the employees were paid.  If this is
23    not  feasible,  then  the  installments shall be paid weekly.
24    Such compensation may be paid in a lump sum upon petition  as
25    provided  in  Section 9 of this Act.  However, in addition to
26    the  benefits  provided  by  Section  9  of  this  Act  where
27    compensation for death is payable to  the  deceased's  widow,
28    widower  or  to the deceased's widow, widower and one or more
29    children, and where a partial lump sum is applied for by such
30    beneficiary or  beneficiaries  within  18  months  after  the
31    deceased's  death,  the  Commission  may,  in its discretion,
32    grant a partial lump sum of not to exceed 100  weeks  of  the
33    compensation  capitalized  at  their  present  value upon the
34    basis of interest calculated at  3%  per  annum  with  annual
 
                            -13-               LRB9111513WHcs
 1    rests,  upon  a showing that such partial lump sum is for the
 2    best interest of such beneficiary or beneficiaries.
 3        (h)  In case the injured employee is under  16  years  of
 4    age  at  the  time of the accident and is illegally employed,
 5    the amount of compensation payable under paragraphs (a), (b),
 6    (c), (d) and (f) of this Section shall be increased 50%.
 7        Nothing herein contained repeals or amends the provisions
 8    of the Child Labor Law relating to the employment  of  minors
 9    under the age of 16 years.
10        However,  where  an  employer  has  on file an employment
11    certificate issued pursuant to the Child Labor  Law  or  work
12    permit  issued  pursuant  to the Federal Fair Labor Standards
13    Act, as amended, or a birth  certificate  properly  and  duly
14    issued,  such  certificate,  permit  or  birth certificate is
15    conclusive evidence as  to  the  age  of  the  injured  minor
16    employee for the purposes of this Section only.
17        (i)  Whenever  the  dependents of a deceased employee are
18    aliens not residing in the United States, Mexico  or  Canada,
19    the   amount  of  compensation  payable  is  limited  to  the
20    beneficiaries described in paragraphs (a),  (b)  and  (c)  of
21    this  Section  and  is  50%  of  the compensation provided in
22    paragraphs (a), (b)  and  (c)  of  this  Section,  except  as
23    otherwise provided by treaty.
24        In  a case where any of the persons who would be entitled
25    to compensation is living at any place outside of the  United
26    States,   then   payment   shall  be  made  to  the  personal
27    representative of the deceased employee.  The distribution by
28    such personal representative to the persons entitled shall be
29    made to such persons and in such  manner  as  the  Commission
30    orders.
31    (Source: P.A. 88-672, eff. 12-14-94; 89-470, eff. 6-13-96.)

32        (820 ILCS 305/8) (from Ch. 48, par. 138.8)
33        Sec.  8.  The  amount of compensation which shall be paid
 
                            -14-               LRB9111513WHcs
 1    to the employee for an accidental  injury  not  resulting  in
 2    death is:
 3        (a)  The  employer  shall  provide  and  pay  for all the
 4    necessary first aid, medical and surgical services,  and  all
 5    necessary  medical, surgical and hospital services thereafter
 6    incurred, limited,  however,  to  that  which  is  reasonably
 7    required   to  cure  or  relieve  from  the  effects  of  the
 8    accidental injury. The employer shall also pay for treatment,
 9    instruction and training necessary for the  physical,  mental
10    and  vocational rehabilitation of the employee, including all
11    maintenance costs and expenses incidental thereto.  If  as  a
12    result   of   the   injury  the  employee  is  unable  to  be
13    self-sufficient the  employer  shall  further  pay  for  such
14    maintenance or institutional care as shall be required.
15        The  employee  may  at  any  time elect to secure his own
16    physician, surgeon and hospital services  at  the  employer's
17    expense, or,
18        Upon agreement between the employer and the employees, or
19    the  employees'  exclusive representative, and subject to the
20    approval of the Industrial  Commission,  the  employer  shall
21    maintain  a  list  of  physicians,  to be known as a Panel of
22    Physicians, who are accessible to the employees. The employer
23    shall post this list in a place or places  easily  accessible
24    to  his employees.  The employee shall have the right to make
25    an alternative choice of physician from such Panel if  he  is
26    not  satisfied with the physician first selected.  If, due to
27    the nature of the injury or  its  occurrence  away  from  the
28    employer's  place of business, the employee is unable to make
29    a selection from the Panel, the selection  process  from  the
30    Panel shall not apply.  The physician selected from the Panel
31    may   arrange   for   any  consultation,  referral  or  other
32    specialized  medical  services  outside  the  Panel  at   the
33    employer's   expense.   Provided   that,  in  the  event  the
34    Commission shall find that a doctor selected by the  employee
 
                            -15-               LRB9111513WHcs
 1    is  rendering improper or inadequate care, the Commission may
 2    order the employee to  select  another  doctor  certified  or
 3    qualified  in  the  medical  field  for  which  treatment  is
 4    required.   If  the  employee refuses to make such change the
 5    Commission may relieve the employer of his obligation to  pay
 6    the  doctor's charges from the date of refusal to the date of
 7    compliance.
 8        Every  hospital,  physician,  surgeon  or  other   person
 9    rendering  treatment  or  services  in  accordance  with  the
10    provisions of this Section shall upon written request furnish
11    full  and  complete  reports  thereof  to,  and  permit their
12    records to be copied by, the employer, the  employee  or  his
13    dependents,  as  the  case  may be, or any other party to any
14    proceeding for compensation before the Commission,  or  their
15    attorneys.
16        Notwithstanding  the  foregoing, the employer's liability
17    to pay for such medical services  selected  by  the  employee
18    shall be limited to:
19             (1)  all first aid and emergency treatment; plus
20             (2)  all  medical,  surgical  and  hospital services
21        provided by the physician, surgeon or hospital  initially
22        chosen  by  the  employee  or  by  any  other  physician,
23        consultant,  expert,  institution  or  other  provider of
24        services recommended by said initial service provider  or
25        any  subsequent provider of medical services in the chain
26        of referrals from said initial service provider; plus
27             (3)  all medical,  surgical  and  hospital  services
28        provided  by  any  second  physician, surgeon or hospital
29        subsequently chosen by  the  employee  or  by  any  other
30        physician,   consultant,  expert,  institution  or  other
31        provider of services recommended by said  second  service
32        provider  or  any subsequent provider of medical services
33        in the  chain  of  referrals  from  said  second  service
34        provider.  Thereafter  the  employer shall select and pay
 
                            -16-               LRB9111513WHcs
 1        for  all  necessary  medical,   surgical   and   hospital
 2        treatment  and  the employee may not select a provider of
 3        medical services at the  employer's  expense  unless  the
 4        employer  agrees  to  such  selection.  At  any  time the
 5        employee may obtain any medical treatment he  desires  at
 6        his own expense. This paragraph shall not affect the duty
 7        to pay for rehabilitation referred to above.
 8        When  an  employer  and  employee  so  agree  in writing,
 9    nothing in this Act prevents  an  employee  whose  injury  or
10    disability  has been established under this Act, from relying
11    in good faith, on treatment  by  prayer  or  spiritual  means
12    alone,  in  accordance  with  the  tenets  and  practice of a
13    recognized  church  or  religious  denomination,  by  a  duly
14    accredited practitioner thereof, and having nursing  services
15    appropriate  therewith,  without suffering loss or diminution
16    of the compensation benefits under  this  Act.  However,  the
17    employee  shall  submit to all physical examinations required
18    by this Act.  The cost of such  treatment  and  nursing  care
19    shall  be  paid by the employee unless the employer agrees to
20    make such payment.
21        Where the accidental injury results in the amputation  of
22    an  arm,  hand, leg or foot, or the enucleation of an eye, or
23    the loss of any of the  natural  teeth,  the  employer  shall
24    furnish  an artificial of any such members lost or damaged in
25    accidental injury  arising  out  of  and  in  the  course  of
26    employment,  and  shall  also furnish the necessary braces in
27    all proper and necessary cases.  In cases of the  loss  of  a
28    member or members by amputation, the employer shall, whenever
29    necessary,  maintain  in  good  repair,  refit or replace the
30    artificial limbs during the lifetime of the employee.   Where
31    the  accidental injury accompanied by physical injury results
32    in damage to a denture, eye glasses or contact eye lenses, or
33    where  the  accidental  injury  results  in  damage   to   an
34    artificial  member, the employer shall replace or repair such
 
                            -17-               LRB9111513WHcs
 1    denture, glasses, lenses, or artificial member.
 2        The furnishing by the employer of any  such  services  or
 3    appliances  is  not  an admission of liability on the part of
 4    the employer to pay compensation.
 5        The furnishing of any such services or appliances or  the
 6    servicing  thereof  by  the  employer  is  not the payment of
 7    compensation.
 8        (b)  If the period of temporary total incapacity for work
 9    lasts more  than  3  working  days,  weekly  compensation  as
10    hereinafter  provided  shall be paid beginning on the 4th day
11    of such temporary total incapacity and continuing as long  as
12    the  total  temporary  incapacity  lasts.  In cases where the
13    temporary total incapacity for work continues for a period of
14    14 days or more from the day  of  the  accident  compensation
15    shall commence on the day after the accident.
16             1.  The   compensation   rate  for  temporary  total
17        incapacity under this paragraph (b) of this Section shall
18        be equal to 66 2/3% of the employee's average weekly wage
19        computed in accordance with Section 10, provided that  it
20        shall  be  not  less  than  the  following amounts in the
21        following cases:
22                  $100.90 in case of a single person;
23                  $105.50 in case of a  married  person  with  no
24             children;
25                  $108.30 in case of one child;
26                  $113.40 in case of 2 children;
27                  $117.40 in case of 3 children;
28                  $124.30 in case of 4 or more children;
29        nor exceed the employee's average weekly wage computed in
30        accordance  with  the provisions of Section 10, whichever
31        is less.
32             2.  The compensation rate in all  cases  other  than
33        for  temporary total disability under this paragraph (b),
34        and other than for serious  and  permanent  disfigurement
 
                            -18-               LRB9111513WHcs
 1        under  paragraph (c) and other than for permanent partial
 2        disability under subparagraph (2)  of  paragraph  (d)  or
 3        under paragraph (e), of this Section shall be equal to 66
 4        2/3%  of  the  employee's average weekly wage computed in
 5        accordance with the provisions of  Section  10,  provided
 6        that  it  shall be not less than the following amounts in
 7        the following cases:
 8                  $80.90 in case of a single person;
 9                  $83.20 in case of  a  married  person  with  no
10             children;
11                  $86.10 in case of one child;
12                  $88.90 in case of 2 children;
13                  $91.80 in case of 3 children;
14                  $96.90 in case of 4 or more children;
15        nor exceed the employee's average weekly wage computed in
16        accordance  with  the provisions of Section 10, whichever
17        is less.
18             2.1.  The compensation rate in all cases of  serious
19        and  permanent  disfigurement  under paragraph (c) and of
20        permanent partial disability under  subparagraph  (2)  of
21        paragraph  (d)  or  under  paragraph  (e) of this Section
22        shall be equal to 60% of the  employee's  average  weekly
23        wage  computed  in  accordance  with  the  provisions  of
24        Section  10,  provided that it shall be not less than the
25        following amounts in the following cases:
26                  $80.90 in case of a single person;
27                  $83.20 in case of  a  married  person  with  no
28             children;
29                  $86.10 in case of one child;
30                  $88.90 in case of 2 children;
31                  $91.80 in case of 3 children;
32                  $96.90 in case of 4 or more children;
33        nor exceed the employee's average weekly wage computed in
34        accordance  with  the provisions of Section 10, whichever
 
                            -19-               LRB9111513WHcs
 1        is less.
 2             3.  As used in this Section the term "child" means a
 3        child of the employee including any child legally adopted
 4        before the accident or whom at the time of  the  accident
 5        the  employee was under legal obligation to support or to
 6        whom the employee stood in loco parentis, and who at  the
 7        time  of  the  accident was under 18 years of age and not
 8        emancipated.  The term "children"  means  the  plural  of
 9        "child".
10             4.  All  weekly  compensation  rates  provided under
11        subparagraphs 1, 2 and 2.1 of this paragraph (b) of  this
12        Section shall be subject to the following limitations:
13             The  maximum  weekly  compensation rate from July 1,
14        1975, except as hereinafter provided, shall  be  100%  of
15        the  State's  average  weekly  wage in covered industries
16        under the Unemployment Insurance Act, that being the wage
17        that most closely approximates the State's average weekly
18        wage.
19             The maximum weekly compensation rate, for the period
20        July  1,  1984,  through  June  30,   1987,   except   as
21        hereinafter provided, shall be $293.61. Effective July 1,
22        1987  and  on  July 1 of each year thereafter the maximum
23        weekly compensation rate, except as hereinafter provided,
24        shall be determined as follows: if during  the  preceding
25        12  month period there shall have been an increase in the
26        State's average weekly wage in covered  industries  under
27        the  Unemployment  Insurance Act, the weekly compensation
28        rate shall  be  proportionately  increased  by  the  same
29        percentage  as  the percentage of increase in the State's
30        average weekly  wage  in  covered  industries  under  the
31        Unemployment Insurance Act during such period.
32             The maximum weekly compensation rate, for the period
33        January  1,  1981  through  December  31, 1983, except as
34        hereinafter  provided,  shall  be  100%  of  the  State's
 
                            -20-               LRB9111513WHcs
 1        average weekly  wage  in  covered  industries  under  the
 2        Unemployment  Insurance Act in effect on January 1, 1981.
 3        Effective January 1, 1984 and on January 1, of each  year
 4        thereafter  the  maximum weekly compensation rate, except
 5        as hereinafter provided, shall be determined as  follows:
 6        if  during the preceding 12 month period there shall have
 7        been an increase in the State's average  weekly  wage  in
 8        covered  industries under the Unemployment Insurance Act,
 9        the weekly compensation  rate  shall  be  proportionately
10        increased  by  the  same  percentage as the percentage of
11        increase in the State's average weekly  wage  in  covered
12        industries  under  the  Unemployment Insurance Act during
13        such period.
14             From July 1, 1977 and thereafter such maximum weekly
15        compensation rate in death cases  under  Section  7,  and
16        permanent  total  disability cases under paragraph (f) or
17        subparagraph 18 of paragraph (3) of this Section and  for
18        temporary  total  disability  under paragraph (b) of this
19        Section and for amputation of a member or enucleation  of
20        an  eye  under  paragraph  (e)  of  this Section shall be
21        increased to 133-1/3% of the State's average weekly  wage
22        in  covered  industries  under the Unemployment Insurance
23        Act.
24             4.1.  Any   provision   herein   to   the   contrary
25        notwithstanding,  the  weekly   compensation   rate   for
26        compensation  payments under subparagraph 18 of paragraph
27        (e) of this Section  and  under  paragraph  (f)  of  this
28        Section and under paragraph (a) of Section 7, shall in no
29        event be less than 50% of the State's average weekly wage
30        in  covered  industries  under the Unemployment Insurance
31        Act.
32             4.2.  Any provision to the contrary notwithstanding,
33        the total compensation payable under Section 7 shall  not
34        exceed the greater of $250,000 or 20 years.
 
                            -21-               LRB9111513WHcs
 1             5.  For  the  purpose  of  this Section this State's
 2        average weekly  wage  in  covered  industries  under  the
 3        Unemployment  Insurance  Act  on  July  1, 1975 is hereby
 4        fixed  at  $228.16  per  week  and  the  computation   of
 5        compensation  rates  shall  be  based  on  the  aforesaid
 6        average   weekly   wage  until  modified  as  hereinafter
 7        provided.
 8             6.  The Department of  Employment  Security  of  the
 9        State shall on or before the first day of December, 1977,
10        and  on or before the first day of June, 1978, and on the
11        first  day  of  each  December  and  June  of  each  year
12        thereafter, publish the State's average  weekly  wage  in
13        covered  industries  under the Unemployment Insurance Act
14        and the Industrial Commission shall on the  15th  day  of
15        January,  1978  and  on the 15th day of July, 1978 and on
16        the 15th day of  each  January  and  July  of  each  year
17        thereafter,  post  and publish the State's average weekly
18        wage  in  covered  industries  under   the   Unemployment
19        Insurance  Act  as  last  determined and published by the
20        Department of Employment Security.  The  amount  when  so
21        posted  and  published  shall  be conclusive and shall be
22        applicable as the basis of  computation  of  compensation
23        rates   until   the   next  posting  and  publication  as
24        aforesaid.
25             7.  The payment of compensation by  an  employer  or
26        his  insurance  carrier  to an injured employee shall not
27        constitute an admission of the  employer's  liability  to
28        pay compensation.
29        (c)  For  any  serious and permanent disfigurement to the
30    hand, head, face, neck, arm, leg below the knee or the  chest
31    above   the  axillary  line,  the  employee  is  entitled  to
32    compensation for such disfigurement, the amount determined by
33    agreement at any time or by arbitration under this Act, at  a
34    hearing  not  less  than  6  months  after  the  date  of the
 
                            -22-               LRB9111513WHcs
 1    accidental injury, which amount shall not exceed 150 weeks at
 2    the applicable rate provided in subparagraph 2.1 of paragraph
 3    (b) of this Section.
 4        No compensation is payable  under  this  paragraph  where
 5    compensation  is  payable under paragraphs (d), (e) or (f) of
 6    this Section.
 7        A duly appointed member of a fire department in  a  city,
 8    the population of which exceeds 200,000 according to the last
 9    federal  or  State census, is eligible for compensation under
10    this  paragraph  only  where  such  serious   and   permanent
11    disfigurement results from burns.
12        (d) 1.  If,   after   the   accidental  injury  has  been
13    sustained, the employee as a result thereof becomes partially
14    incapacitated from pursuing his usual and customary  line  of
15    employment,  he  shall, except in cases compensated under the
16    specific schedule set forth in paragraph (e) of this Section,
17    receive compensation for  the  duration  of  his  disability,
18    subject  to  the  limitations  as to maximum amounts fixed in
19    paragraph (b) of  this  Section,  equal  to  66-2/3%  of  the
20    difference  between the average amount which he would be able
21    to earn  in  the  full  performance  of  his  duties  in  the
22    occupation  in  which  he  was  engaged  at  the  time of the
23    accident and the average amount which he  is  earning  or  is
24    able  to  earn  in some suitable employment or business after
25    the accident.
26        2.  If,  as  a  result  of  the  accident,  the  employee
27    sustains  serious  and  permanent  injuries  not  covered  by
28    paragraphs (c) and (e) of this Section  or  having  sustained
29    injuries  covered by the aforesaid paragraphs (c) and (e), he
30    shall have sustained in addition thereto other injuries which
31    injuries do not incapacitate him from pursuing the duties  of
32    his  employment  but  which  would  disable him from pursuing
33    other suitable occupations, or which have otherwise  resulted
34    in   physical  impairment;  or  if  such  injuries  partially
 
                            -23-               LRB9111513WHcs
 1    incapacitate him from pursuing the duties of  his  usual  and
 2    customary  line  of  employment  but  do  not  result  in  an
 3    impairment  of  earning  capacity,  or  having resulted in an
 4    impairment of earning capacity, the employee elects to  waive
 5    his  right  to  recover under the foregoing subparagraph 1 of
 6    paragraph (d) of this Section then in any  of  the  foregoing
 7    events,  he  shall  receive  in  addition to compensation for
 8    temporary  total  disability  under  paragraph  (b)  of  this
 9    Section, compensation at the rate  provided  in  subparagraph
10    2.1  of  paragraph (b) of this Section for that percentage of
11    500 weeks that the  partial  disability  resulting  from  the
12    injuries covered by this paragraph bears to total disability.
13    If  the  employee  shall  have sustained a fracture of one or
14    more vertebra  or  fracture  of  the  skull,  the  amount  of
15    compensation  allowed  under  this  Section shall be not less
16    than 6 weeks for a fractured  skull  and  6  weeks  for  each
17    fractured  vertebra, and in the event the employee shall have
18    sustained a fracture of any of the  following  facial  bones:
19    nasal,   lachrymal,   vomer,  zygoma,  maxilla,  palatine  or
20    mandible, the  amount  of  compensation  allowed  under  this
21    Section  shall  be  not  less  than  2  weeks  for  each such
22    fractured bone, and for a fracture of each transverse process
23    not less than 3 weeks.  In  the  event  such  injuries  shall
24    result in the loss of a kidney, spleen or lung, the amount of
25    compensation  allowed  under  this  Section shall be not less
26    than 10 weeks for  each  such  organ.   Compensation  awarded
27    under  this  subparagraph 2 shall not take into consideration
28    injuries covered under paragraphs (c) and (e) of this Section
29    and the compensation provided in  this  paragraph  shall  not
30    affect  the  employee's  right  to compensation payable under
31    paragraphs  (b),  (c)  and  (e)  of  this  Section  for   the
32    disabilities therein covered.
33        (e)  For  accidental  injuries in the following schedule,
34    the employee shall receive compensation  for  the  period  of
 
                            -24-               LRB9111513WHcs
 1    temporary  total  incapacity  for  work  resulting  from such
 2    accidental injury, under subparagraph 1 of paragraph  (b)  of
 3    this   Section,   and   shall  receive  in  addition  thereto
 4    compensation for a  further  period  for  the  specific  loss
 5    herein  mentioned,  but  shall  not  receive any compensation
 6    under any other  provisions  of  this  Act.    The  following
 7    listed  amounts  apply to either the loss of or the permanent
 8    and complete loss  of  use  of  the  member  specified,  such
 9    compensation for the length of time as follows:
10             1.  Thumb-70 weeks.
11             2.  First, or index finger-40 weeks.
12             3.  Second, or middle finger-35 weeks.
13             4.  Third, or ring finger-25 weeks.
14             5.  Fourth, or little finger-20 weeks.
15             6.  Great toe-35 weeks.
16             7.  Each toe other than great toe-12 weeks.
17             8.  The  loss  of the first or distal phalanx of the
18        thumb or of any finger or toe shall be considered  to  be
19        equal  to  the  loss of one-half of such thumb, finger or
20        toe and the compensation payable shall be one-half of the
21        amount above  specified.   The  loss  of  more  than  one
22        phalanx  shall  be  considered  as the loss of the entire
23        thumb, finger or  toe.   In  no  case  shall  the  amount
24        received  for  more  than  one  finger  exceed the amount
25        provided in this schedule for the loss of a hand.
26             9.  Hand-190 weeks.  The loss of 2 or  more  digits,
27        or  one  or more phalanges of 2 or more digits, of a hand
28        may be compensated on the basis of partial loss of use of
29        a hand, provided, further, that the loss of 4 digits,  or
30        the  loss  of  use  of  4  digits, in the same hand shall
31        constitute the  complete loss of a hand.
32             10.  Arm-235  weeks.   Where  an  accidental  injury
33        results in the amputation of an arm below the elbow, such
34        injury shall be compensated as a loss of an  arm.   Where
 
                            -25-               LRB9111513WHcs
 1        an  accidental injury results in the amputation of an arm
 2        above the elbow, compensation for an additional 15  weeks
 3        shall be paid, except where the accidental injury results
 4        in  the amputation of an arm at the shoulder joint, or so
 5        close to shoulder joint that an artificial arm cannot  be
 6        used,  or results in the disarticulation of an arm at the
 7        shoulder  joint,  in  which  case  compensation  for   an
 8        additional 65 weeks shall be paid.
 9             11.  Foot-155 weeks.
10             12.  Leg-200  weeks.   Where  an  accidental  injury
11        results  in  the amputation of a leg below the knee, such
12        injury shall be compensated as loss of a  leg.  Where  an
13        accidental  injury  results  in  the  amputation of a leg
14        above the knee, compensation for an additional  25  weeks
15        shall be paid, except where the accidental injury results
16        in  the amputation of a leg at the hip joint, or so close
17        to the hip joint that an artificial leg cannot  be  used,
18        or  results  in  the  disarticulation of a leg at the hip
19        joint, in which case compensation for  an  additional  75
20        weeks shall be paid.
21             13.  Eye-150  weeks.   Where  an  accidental  injury
22        results in the enucleation of an eye, compensation for an
23        additional 10 weeks shall be paid.
24             14.  Loss  of hearing of one ear-50 weeks; total and
25        permanent loss of hearing of both ears-200 weeks.
26             15.  Testicle-50 weeks; both testicles-150 weeks.
27             16.  For the permanent partial  loss  of  use  of  a
28        member  or  sight  of  an  eye,  or  hearing  of  an ear,
29        compensation during that  proportion  of  the  number  of
30        weeks  in the foregoing schedule provided for the loss of
31        such member or sight of an eye, or  hearing  of  an  ear,
32        which  the partial loss of use thereof bears to the total
33        loss of use of such member, or sight of eye,  or  hearing
34        of an ear.
 
                            -26-               LRB9111513WHcs
 1                  (a)  Loss  of hearing for compensation purposes
 2             shall be confined to the frequencies of 1,000, 2,000
 3             and 3,000 cycles per second. Loss of hearing ability
 4             for frequency tones above 3,000  cycles  per  second
 5             are  not to be considered as constituting disability
 6             for hearing.
 7                  (b)  The percent of hearing loss, for  purposes
 8             of  the  determination  of  compensation  claims for
 9             occupational deafness, shall be  calculated  as  the
10             average  in  decibels  for the thresholds of hearing
11             for the frequencies of 1,000, 2,000 and 3,000 cycles
12             per second. Pure  tone  air  conduction  audiometric
13             instruments,   approved   by  nationally  recognized
14             authorities  in  this  field,  shall  be  used   for
15             measuring  hearing  loss.  If  the losses of hearing
16             average 30 decibels or less in  the  3  frequencies,
17             such losses of hearing shall not then constitute any
18             compensable  hearing  disability.  If  the losses of
19             hearing  average  85  decibels  or  more  in  the  3
20             frequencies, then the same shall constitute  and  be
21             total or 100% compensable hearing loss.
22                  (c)  In   measuring   hearing  impairment,  the
23             lowest measured losses in each of the 3  frequencies
24             shall   be  added  together  and  divided  by  3  to
25             determine  the  average  decibel  loss.  For   every
26             decibel  of  loss exceeding 30 decibels an allowance
27             of 1.82% shall be made up to  the  maximum  of  100%
28             which is reached at 85 decibels.
29                  (d)  If  a  hearing loss is established to have
30             existed on July 1, 1975 by audiometric  testing  the
31             employer  shall  not be liable for the previous loss
32             so established nor shall he be liable for  any  loss
33             for which compensation has been paid or awarded.
34                  (e)  No  consideration  shall  be  given to the
 
                            -27-               LRB9111513WHcs
 1             question  of  whether  or  not  the  ability  of  an
 2             employee to understand speech is improved by the use
 3             of a hearing aid.
 4                  (f)  No  claim  for  loss  of  hearing  due  to
 5             industrial  noise  shall  be  brought   against   an
 6             employer  or  allowed  unless  the employee has been
 7             exposed for a period of  time  sufficient  to  cause
 8             permanent  impairment  to  noise levels in excess of
 9             the following:
10                  Sound Level DBA
11                   Slow Response              Hours Per Day
12                        90                          8
13                        92                          6
14                        95                          4
15                        97                          3
16                        100                         2
17                        102                       1-1/2
18                        105                         1
19                        110                        1/2
20                        115                        1/4
21             This subparagraph (f) shall not be applied in  cases
22        of hearing loss resulting from trauma or explosion.
23             17.  In computing the compensation to be paid to any
24        employee  who,  before  the  accident for which he claims
25        compensation, had before that time  sustained  an  injury
26        resulting  in  the  loss by amputation or partial loss by
27        amputation of any member, including hand, arm,  thumb  or
28        fingers, leg, foot or any toes, such loss or partial loss
29        of  any such member shall be deducted from any award made
30        for the subsequent injury.  For the permanent loss of use
31        or the permanent partial loss of use of any  such  member
32        or  the  partial  loss  of  sight  of  an  eye, for which
33        compensation has been paid, then such loss shall be taken
34        into consideration and deducted from any  award  for  the
 
                            -28-               LRB9111513WHcs
 1        subsequent injury.
 2             18.  The  specific  case of loss of both hands, both
 3        arms, or both feet, or both legs, or both eyes, or of any
 4        two thereof, or the permanent and complete  loss  of  the
 5        use  thereof, constitutes total and permanent disability,
 6        to be compensated according to the compensation fixed  by
 7        paragraph  (f)  of this Section.  These specific cases of
 8        total and  permanent  disability  do  not  exclude  other
 9        cases.
10             Any employee who has previously suffered the loss or
11        permanent  and  complete  loss  of the use of any of such
12        members, and in a subsequent independent  accident  loses
13        another or suffers the permanent and complete loss of the
14        use  of any one of such members the employer for whom the
15        injured employee is working  at  the  time  of  the  last
16        independent  accident  is liable to pay compensation only
17        for the loss or permanent and complete loss of the use of
18        the member occasioned by the last independent accident.
19             19.  In a case of specific loss and  the  subsequent
20        death  of  such  injured  employee from other causes than
21        such injury leaving  a  widow,  widower,  or   dependents
22        surviving  before  payment  or  payment  in full for such
23        injury, then the amount due for such injury is payable to
24        the widow or  widower  and,  if  there  be  no  widow  or
25        widower, then to such dependents, in the proportion which
26        such dependency bears to total dependency.
27        Beginning  July  1,  1980, and every 6 months thereafter,
28    the Commission shall examine the Second Injury Fund and when,
29    after deducting all advances or loans made to such Fund,  the
30    amount  therein  is  $500,000 then the total aggregate amount
31    required to be paid by employers pursuant to paragraph (f) of
32    Section 7 shall be  reduced  by  one-half.  When  the  Second
33    Injury  Fund  reaches  the  sum of $600,000 then the payments
34    shall cease entirely.  However, when the Second  Injury  Fund
 
                            -29-               LRB9111513WHcs
 1    has  been  reduced  to  $400,000,  payment of one-half of the
 2    amounts required by paragraph  (f)  of  Section  7  shall  be
 3    resumed,  in  the manner herein provided, and when the Second
 4    Injury Fund has been reduced to $300,000, payment of the full
 5    amounts required by paragraph  (f)  of  Section  7  shall  be
 6    resumed,  in the manner herein provided. The Commission shall
 7    make the changes in payment effective by general  order,  and
 8    the  changes  in payment become immediately effective for all
 9    cases coming  before  the  Commission  thereafter  either  by
10    settlement agreement or final order, irrespective of the date
11    of the accidental injury.
12        On  August 1, 1996 and on February 1 and August 1 of each
13    subsequent year, the Commission  shall  examine  the  special
14    fund designated as the "Rate Adjustment Fund" and when, after
15    deducting all advances or loans made to said fund, the amount
16    therein  is  $4,000,000,  the  amount  required to be paid by
17    employers pursuant to paragraph (f) of  Section  7  shall  be
18    reduced  by  one-half.  When the Rate Adjustment Fund reaches
19    the  sum  of  $5,000,000  the  payment  therein  shall  cease
20    entirely.  However, when said Rate Adjustment Fund  has  been
21    reduced  to  $3,000,000 the amounts required by paragraph (f)
22    of Section 7 shall be resumed in the manner herein provided.
23        (f)  In case of complete disability,  which  renders  the
24    employee  wholly and permanently incapable of work, or in the
25    specific case of total and permanent disability  as  provided
26    in   subparagraph  18  of  paragraph  (e)  of  this  Section,
27    compensation  shall  be  payable  at  the  rate  provided  in
28    subparagraph 2 of paragraph (b) of this Section for life.
29        An employee entitled to benefits under paragraph  (f)  of
30    this  Section shall also be entitled to receive from the Rate
31    Adjustment Fund provided in paragraph (f) of Section 7 of the
32    supplementary benefits provided  in  paragraph  (g)  of  this
33    Section 8.
34        If   any  employee  who  receives  an  award  under  this
 
                            -30-               LRB9111513WHcs
 1    paragraph afterwards returns to work or is able to do so, and
 2    earns or is able to earn as  much  as  before  the  accident,
 3    payments  under  such  award  shall  cease.  If such employee
 4    returns to work, or is able to do so, and earns or is able to
 5    earn part but not as much as before the accident, such  award
 6    shall  be  modified  so  as  to  conform  to  an  award under
 7    paragraph (d) of this Section.  If such award  is  terminated
 8    or  reduced  under  the  provisions  of  this paragraph, such
 9    employees have the right at any time within 30  months  after
10    the  date  of  such termination or reduction to file petition
11    with the Commission for the purpose  of  determining  whether
12    any  disability exists as a result of the original accidental
13    injury and the extent thereof.
14        Disability as enumerated in subdivision 18, paragraph (e)
15    of this Section is considered complete disability.
16        If an employee who had previously incurred  loss  or  the
17    permanent and complete loss of use of one member, through the
18    loss  or  the  permanent  and complete loss of the use of one
19    hand, one  arm,  one  foot,  one  leg,  or  one  eye,  incurs
20    permanent  and  complete  disability  through the loss or the
21    permanent and complete loss of the use of another member,  he
22    shall receive, in addition to the compensation payable by the
23    employer  and after such payments have ceased, an amount from
24    the Second Injury Fund  provided  for  in  paragraph  (f)  of
25    Section 7, which, together with the compensation payable from
26    the  employer in whose employ he was when the last accidental
27    injury was  incurred,  will  equal  the  amount  payable  for
28    permanent   and  complete  disability  as  provided  in  this
29    paragraph of this Section.
30        The custodian of the Second Injury Fund provided  for  in
31    paragraph  (f) of Section 7 shall be joined with the employer
32    as a party respondent in the application  for  adjustment  of
33    claim.   The  application for adjustment of claim shall state
34    briefly and in general terms the approximate time  and  place
 
                            -31-               LRB9111513WHcs
 1    and manner of the loss of the first member.
 2        In  its  award  the  Commission  or  the Arbitrator shall
 3    specifically find the amount the injured  employee  shall  be
 4    weekly  paid, the number of weeks compensation which shall be
 5    paid by the employer, the date upon which payments begin  out
 6    of  the  Second  Injury Fund provided for in paragraph (f) of
 7    Section 7 of this Act, the length of time the weekly payments
 8    continue, the date upon which the pension  payments  commence
 9    and  the monthly amount of the payments. The Commission shall
10    30 days after the date upon which payments out of the  Second
11    Injury  Fund  have  begun as provided in the award, and every
12    month thereafter, prepare and submit to the State Comptroller
13    a voucher for payment for all compensation  accrued  to  that
14    date  at  the  rate  fixed  by  the  Commission.   The  State
15    Comptroller  shall  draw  a  warrant  to the injured employee
16    along with a receipt to be executed by the  injured  employee
17    and  returned  to  the  Commission.  The endorsed warrant and
18    receipt is a full and complete acquittance to the  Commission
19    for  the  payment  out  of  the Second Injury Fund.  No other
20    appropriation or warrant is necessary for payment out of  the
21    Second  Injury  Fund.  The Second Injury Fund is appropriated
22    for the purpose of making payments according to the terms  of
23    the awards.
24        As  of  July  1, 1980 to July 1, 1982, all claims against
25    and obligations of the Second Injury Fund shall become claims
26    against and obligations of the Rate Adjustment  Fund  to  the
27    extent  there is insufficient money in the Second Injury Fund
28    to pay such  claims  and  obligations.   In  that  case,  all
29    references to "Second Injury Fund" in this Section shall also
30    include the Rate Adjustment Fund.
31        (g)  Every  award  for permanent total disability entered
32    by the Commission on and after   July  1,  1965  under  which
33    compensation  payments shall become due and payable after the
34    effective date of this amendatory Act, and  every  award  for
 
                            -32-               LRB9111513WHcs
 1    death  benefits  or permanent total disability entered by the
 2    Commission on and after the effective date of this amendatory
 3    Act shall be subject to annual adjustments as to  the  amount
 4    of  the  compensation rate therein provided. Such adjustments
 5    shall first be made on July 15, 1977, and all awards made and
 6    entered prior to July 1, 1975 and on July  15  of  each  year
 7    thereafter.  In all other cases such adjustment shall be made
 8    on  July 15 of the second year next following the date of the
 9    entry of the award and shall  further  be  made  on  July  15
10    annually  thereafter.   If during the intervening period from
11    the date of the entry of the  award,  or  the  last  periodic
12    adjustment,  there shall have been an increase in the State's
13    average  weekly  wage  in  covered   industries   under   the
14    Unemployment  Insurance  Act,  the  weekly  compensation rate
15    shall be proportionately increased by the same percentage  as
16    the percentage of increase in the State's average weekly wage
17    in  covered  industries under the Unemployment Insurance Act.
18    The increase in the compensation rate  under  this  paragraph
19    shall  in  no  event  bring the total compensation rate to an
20    amount  greater  than  the  prevailing  maximum  rate.   Such
21    increase shall be paid in the same manner as herein  provided
22    for  payments  under  the  Second  Injury Fund to the injured
23    employee, or his dependents, as the case may be, out  of  the
24    Rate  Adjustment  Fund provided in paragraph (f) of Section 7
25    of this Act.  Payments shall be made at the same intervals as
26    provided in the award or, at the option  of  the  Commission,
27    may  be made in quarterly payment on the 15th day of January,
28    April, July and October of each year.   In  the  event  of  a
29    decrease in such average weekly wage there shall be no change
30    in the then existing compensation rate.  The within paragraph
31    shall  not  apply  to cases where there is disputed liability
32    and in which a compromise lump  sum  settlement  between  the
33    employer  and the injured employee, or his dependents, as the
34    case may  be,  has  been  duly  approved  by  the  Industrial
 
                            -33-               LRB9111513WHcs
 1    Commission.
 2        Provided,   that  in  cases  of  awards  entered  by  the
 3    Commission for injuries occurring before July  1,  1975,  the
 4    increases   in  the  compensation  rate  adjusted  under  the
 5    foregoing provision of this paragraph (g) shall be limited to
 6    increases in the  State's  average  weekly  wage  in  covered
 7    industries  under  the  Unemployment  Insurance Act occurring
 8    after July 1, 1975.
 9        (h)  In case death occurs from any cause before the total
10    compensation to which the employee would have  been  entitled
11    has  been  paid,  then in case the employee leaves any widow,
12    widower, child, parent (or  any  grandchild,  grandparent  or
13    other  lineal  heir  or  any collateral heir dependent at the
14    time of the accident upon the earnings of the employee to the
15    extent of 50% or more of total dependency) such  compensation
16    shall  be  paid to the beneficiaries of the deceased employee
17    and distributed as provided in paragraph (g) of Section 7.
18        (h-1)  In  case  an  injured  employee  is  under   legal
19    disability at the time when any right or privilege accrues to
20    him  or  her  under  this  Act,  a  guardian may be appointed
21    pursuant to law, and may, on  behalf  of  such  person  under
22    legal  disability,  claim  and  exercise  any  such  right or
23    privilege with the same effect as if the employee himself  or
24    herself  had claimed or exercised the right or privilege.  No
25    limitations of time provided by this Act run so long  as  the
26    employee   who   is  under  legal  disability  is  without  a
27    conservator or guardian.
28        (i)  In case the injured employee is under  16  years  of
29    age  at  the  time of the accident and is illegally employed,
30    the amount of compensation payable under paragraphs (b), (c),
31    (d), (e) and (f) of this Section is increased 50%.
32        However, where an employer  has  on  file  an  employment
33    certificate  issued  pursuant  to the Child Labor Law or work
34    permit issued pursuant to the Federal  Fair  Labor  Standards
 
                            -34-               LRB9111513WHcs
 1    Act,  as  amended,  or  a birth certificate properly and duly
 2    issued, such certificate,  permit  or  birth  certificate  is
 3    conclusive  evidence  as  to  the  age  of  the injured minor
 4    employee for the purposes of this Section.
 5        Nothing herein contained repeals or amends the provisions
 6    of the Child Labor Law relating to the employment  of  minors
 7    under the age of 16 years.
 8        (j) 1.  In   the  event  the  injured  employee  receives
 9    benefits, including medical, surgical  or  hospital  benefits
10    under  any  group plan covering non-occupational disabilities
11    contributed to wholly or partially  by  the  employer,  which
12    benefits  should  not  have  been  payable  if  any rights of
13    recovery existed under this Act, then such amounts so paid to
14    the employee from any such group plan as shall be  consistent
15    with,  and  limited to, the provisions of paragraph 2 hereof,
16    shall be credited to or against any compensation payment  for
17    temporary  total incapacity for work or any medical, surgical
18    or hospital benefits made or to be made under  this  Act.  In
19    such   event,  the  period  of  time  for  giving  notice  of
20    accidental injury and filing application  for  adjustment  of
21    claim  does not commence to run until the termination of such
22    payments.  This paragraph does not  apply  to  payments  made
23    under   any   group   plan  which  would  have  been  payable
24    irrespective of an accidental injury  under  this  Act.   Any
25    employer  receiving such credit shall keep such employee safe
26    and harmless from any and all claims or liabilities that  may
27    be  made  against  him  by  reason  of  having  received such
28    payments only to the extent of such credit.
29        Any excess benefits paid to  or  on  behalf  of  a  State
30    employee  by  the  State  Employees'  Retirement System under
31    Article 14 of the Illinois Pension Code on a death  claim  or
32    disputed  disability  claim  shall  be  credited  against any
33    payments made or to be made by the State of Illinois to or on
34    behalf of such employee under this Act, except  for  payments
 
                            -35-               LRB9111513WHcs
 1    for  medical expenses which have already been incurred at the
 2    time of the award.  The  State  of  Illinois  shall  directly
 3    reimburse  the  State  Employees'  Retirement  System  to the
 4    extent of such credit.
 5        2.  Nothing contained in this Act shall be  construed  to
 6    give  the  employer  or  the  insurance  carrier the right to
 7    credit for any benefits or payments received by the  employee
 8    other  than  compensation  payments provided by this Act, and
 9    where the employee receives payments other than  compensation
10    payments,  whether as full or partial salary, group insurance
11    benefits, bonuses,  annuities  or  any  other  payments,  the
12    employer  or  insurance carrier shall receive credit for each
13    such payment only to the  extent  of  the  compensation  that
14    would  have  been  payable  during the period covered by such
15    payment.
16        3.  The  extension  of  time  for  the   filing   of   an
17    Application  for Adjustment of Claim as provided in paragraph
18    1 above shall not apply to those cases  where  the  time  for
19    such  filing  had expired prior to the date on which payments
20    or benefits enumerated herein have been initiated or resumed.
21    Provided however that this paragraph 3 shall  apply  only  to
22    cases wherein the payments or benefits hereinabove enumerated
23    shall be received after July 1, 1969.
24    (Source: P.A. 89-470, eff. 6-13-96.)

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