Public Act 094-0277
 
HB2137 Enrolled LRB094 03060 WGH 33061 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Insurance Code is amended by
changing Section 1204 as follows:
 
    (215 ILCS 5/1204)  (from Ch. 73, par. 1065.904)
    Sec. 1204. (A) The Director shall promulgate rules and
regulations which shall require each insurer licensed to write
property or casualty insurance in the State and each syndicate
doing business on the Illinois Insurance Exchange to record and
report its loss and expense experience and other data as may be
necessary to assess the relationship of insurance premiums and
related income as compared to insurance costs and expenses. The
Director may designate one or more rate service organizations
or advisory organizations to gather and compile such experience
and data. The Director shall require each insurer licensed to
write property or casualty insurance in this State and each
syndicate doing business on the Illinois Insurance Exchange to
submit a report, on a form furnished by the Director, showing
its direct writings in this State and companywide.
    (B) Such report required by subsection (A) of this Section
may include, but not be limited to, the following specific
types of insurance written by such insurer:
        (1) Political subdivision liability insurance reported
    separately in the following categories:
            (a) municipalities;
            (b) school districts;
            (c) other political subdivisions;
        (2) Public official liability insurance;
        (3) Dram shop liability insurance;
        (4) Day care center liability insurance;
        (5) Labor, fraternal or religious organizations
    liability insurance;
        (6) Errors and omissions liability insurance;
        (7) Officers and directors liability insurance
    reported separately as follows:
            (a) non-profit entities;
            (b) for-profit entities;
        (8) Products liability insurance;
        (9) Medical malpractice insurance;
        (10) Attorney malpractice insurance;
        (11) Architects and engineers malpractice insurance;
    and
        (12) Motor vehicle insurance reported separately for
    commercial and private passenger vehicles as follows:
            (a) motor vehicle physical damage insurance;
            (b) motor vehicle liability insurance.
    (C) Such report may include, but need not be limited to the
following data, both specific to this State and companywide, in
the aggregate or by type of insurance for the previous year on
a calendar year basis:
        (1) Direct premiums written;
        (2) Direct premiums earned;
        (3) Number of policies;
        (4) Net investment income, using appropriate estimates
    where necessary;
        (5) Losses paid;
        (6) Losses incurred;
        (7) Loss reserves:
            (a) Losses unpaid on reported claims;
            (b) Losses unpaid on incurred but not reported
        claims;
        (8) Number of claims:
            (a) Paid claims;
            (b) Arising claims;
        (9) Loss adjustment expenses:
            (a) Allocated loss adjustment expenses;
            (b) Unallocated loss adjustment expenses;
        (10) Net underwriting gain or loss;
        (11) Net operation gain or loss, including net
    investment income;
        (12) Any other information requested by the Director.
    (C-5) Additional information by an advisory organization
as defined in Section 463 of this Code.
        (1) An advisory organization as defined in Section 463
    of this Code shall report annually the following
    information in such format as may be prescribed by the
    Secretary:
            (a) paid and incurred losses for each of the past
        10 years;
            (b) medical payments and medical charges, if
        collected, for each of the past 10 years;
            (c) the following indemnity payment information:
        cumulative payments by accident year by calendar year
        of development. This array will show payments made and
        frequency of claims in the following categories:
        medical only, permanent partial disability (PPD),
        permanent total disability (PTD), temporary total
        disability (TTD), and fatalities;
            (d) injuries by frequency and severity;
            (e) by class of employee.
        (2) The report filed with the Secretary of Financial
    and Professional Regulation under paragraph (1) of this
    subsection (C-5) shall be made available, on an aggregate
    basis, to the General Assembly and to the general public.
    The identity of the petitioner, the respondent, the
    attorneys, and the insurers shall not be disclosed.
        (3) Reports required under this subsection (C-5) shall
    be filed with the Secretary no later than September 1 in
    2006 and no later than September 1 of each year thereafter.
    (D) In addition to the information which may be requested
under subsection (C), the Director may also request on a
companywide, aggregate basis, Federal Income Tax recoverable,
net realized capital gain or loss, net unrealized capital gain
or loss, and all other expenses not requested in subsection (C)
above.
    (E) Violations - Suspensions - Revocations.
        (1) Any company or person subject to this Article, who
    willfully or repeatedly fails to observe or who otherwise
    violates any of the provisions of this Article or any rule
    or regulation promulgated by the Director under authority
    of this Article or any final order of the Director entered
    under the authority of this Article shall by civil penalty
    forfeit to the State of Illinois a sum not to exceed
    $2,000. Each day during which a violation occurs
    constitutes a separate offense.
        (2) No forfeiture liability under paragraph (1) of this
    subsection may attach unless a written notice of apparent
    liability has been issued by the Director and received by
    the respondent, or the Director sends written notice of
    apparent liability by registered or certified mail, return
    receipt requested, to the last known address of the
    respondent. Any respondent so notified must be granted an
    opportunity to request a hearing within 10 days from
    receipt of notice, or to show in writing, why he should not
    be held liable. A notice issued under this Section must set
    forth the date, facts and nature of the act or omission
    with which the respondent is charged and must specifically
    identify the particular provision of this Article, rule,
    regulation or order of which a violation is charged.
        (3) No forfeiture liability under paragraph (1) of this
    subsection may attach for any violation occurring more than
    2 years prior to the date of issuance of the notice of
    apparent liability and in no event may the total civil
    penalty forfeiture imposed for the acts or omissions set
    forth in any one notice of apparent liability exceed
    $100,000.
        (4) All administrative hearings conducted pursuant to
    this Article are subject to 50 Ill. Adm. Code 2402 and all
    administrative hearings are subject to the Administrative
    Review Law.
        (5) The civil penalty forfeitures provided for in this
    Section are payable to the General Revenue Fund of the
    State of Illinois, and may be recovered in a civil suit in
    the name of the State of Illinois brought in the Circuit
    Court in Sangamon County or in the Circuit Court of the
    county where the respondent is domiciled or has its
    principal operating office.
        (6) In any case where the Director issues a notice of
    apparent liability looking toward the imposition of a civil
    penalty forfeiture under this Section that fact may not be
    used in any other proceeding before the Director to the
    prejudice of the respondent to whom the notice was issued,
    unless (a) the civil penalty forfeiture has been paid, or
    (b) a court has ordered payment of the civil penalty
    forfeiture and that order has become final.
        (7) When any person or company has a license or
    certificate of authority under this Code and knowingly
    fails or refuses to comply with a lawful order of the
    Director requiring compliance with this Article, entered
    after notice and hearing, within the period of time
    specified in the order, the Director may, in addition to
    any other penalty or authority provided, revoke or refuse
    to renew the license or certificate of authority of such
    person or company, or may suspend the license or
    certificate of authority of such person or company until
    compliance with such order has been obtained.
        (8) When any person or company has a license or
    certificate of authority under this Code and knowingly
    fails or refuses to comply with any provisions of this
    Article, the Director may, after notice and hearing, in
    addition to any other penalty provided, revoke or refuse to
    renew the license or certificate of authority of such
    person or company, or may suspend the license or
    certificate of authority of such person or company, until
    compliance with such provision of this Article has been
    obtained.
        (9) No suspension or revocation under this Section may
    become effective until 5 days from the date that the notice
    of suspension or revocation has been personally delivered
    or delivered by registered or certified mail to the company
    or person. A suspension or revocation under this Section is
    stayed upon the filing, by the company or person, of a
    petition for judicial review under the Administrative
    Review Law.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    Section 10. The Workers' Compensation Act is amended by
changing Sections 4, 7, 8, 12, 13, 13.1, 14, 16, and 19 and by
adding Sections 8.2, 8.3, 8.7, and 25.5 as follows:
 
    (820 ILCS 305/4)  (from Ch. 48, par. 138.4)
    Sec. 4. (a) Any employer, including but not limited to
general contractors and their subcontractors, who shall come
within the provisions of Section 3 of this Act, and any other
employer who shall elect to provide and pay the compensation
provided for in this Act shall:
        (1) File with the Commission annually an application
    for approval as a self-insurer which shall include a
    current financial statement, and annually, thereafter, an
    application for renewal of self-insurance, which shall
    include a current financial statement. Said application
    and financial statement shall be signed and sworn to by the
    president or vice president and secretary or assistant
    secretary of the employer if it be a corporation, or by all
    of the partners, if it be a copartnership, or by the owner
    if it be neither a copartnership nor a corporation. All
    initial applications and all applications for renewal of
    self-insurance must be submitted at least 60 days prior to
    the requested effective date of self-insurance. An
    employer may elect to provide and pay compensation as
    provided for in this Act as a member of a group workers'
    compensation pool under Article V 3/4 of the Illinois
    Insurance Code. If an employer becomes a member of a group
    workers' compensation pool, the employer shall not be
    relieved of any obligations imposed by this Act.
        If the sworn application and financial statement of any
    such employer does not satisfy the Commission of the
    financial ability of the employer who has filed it, the
    Commission shall require such employer to,
        (2) Furnish security, indemnity or a bond guaranteeing
    the payment by the employer of the compensation provided
    for in this Act, provided that any such employer whose
    application and financial statement shall not have
    satisfied the commission of his or her financial ability
    and who shall have secured his liability in part by excess
    liability insurance shall be required to furnish to the
    Commission security, indemnity or bond guaranteeing his or
    her payment up to the effective limits of the excess
    coverage, or
        (3) Insure his entire liability to pay such
    compensation in some insurance carrier authorized,
    licensed, or permitted to do such insurance business in
    this State. Every policy of an insurance carrier, insuring
    the payment of compensation under this Act shall cover all
    the employees and the entire compensation liability of the
    insured: Provided, however, that any employer may insure
    his or her compensation liability with 2 or more insurance
    carriers or may insure a part and qualify under subsection
    1, 2, or 4 for the remainder of his or her liability to pay
    such compensation, subject to the following two
    provisions:
            Firstly, the entire compensation liability of the
        employer to employees working at or from one location
        shall be insured in one such insurance carrier or shall
        be self-insured, and
            Secondly, the employer shall submit evidence
        satisfactorily to the Commission that his or her entire
        liability for the compensation provided for in this Act
        will be secured. Any provisions in any policy, or in
        any endorsement attached thereto, attempting to limit
        or modify in any way, the liability of the insurance
        carriers issuing the same except as otherwise provided
        herein shall be wholly void.
        Nothing herein contained shall apply to policies of
    excess liability carriage secured by employers who have
    been approved by the Commission as self-insurers, or
        (4) Make some other provision, satisfactory to the
    Commission, for the securing of the payment of compensation
    provided for in this Act, and
        (5) Upon becoming subject to this Act and thereafter as
    often as the Commission may in writing demand, file with
    the Commission in form prescribed by it evidence of his or
    her compliance with the provision of this Section.
    (a-1) Regardless of its state of domicile or its principal
place of business, an employer shall make payments to its
insurance carrier or group self-insurance fund, where
applicable, based upon the premium rates of the situs where the
work or project is located in Illinois if:
        (A) the employer is engaged primarily in the building
    and construction industry; and
        (B) subdivision (a)(3) of this Section applies to the
    employer or the employer is a member of a group
    self-insurance plan as defined in subsection (1) of Section
    4a.
    The Illinois Workers' Compensation Commission shall impose
a penalty upon an employer for violation of this subsection
(a-1) if:
        (i) the employer is given an opportunity at a hearing
    to present evidence of its compliance with this subsection
    (a-1); and
        (ii) after the hearing, the Commission finds that the
    employer failed to make payments upon the premium rates of
    the situs where the work or project is located in Illinois.
    The penalty shall not exceed $1,000 for each day of work
for which the employer failed to make payments upon the premium
rates of the situs where the work or project is located in
Illinois, but the total penalty shall not exceed $50,000 for
each project or each contract under which the work was
performed.
    Any penalty under this subsection (a-1) must be imposed not
later than one year after the expiration of the applicable
limitation period specified in subsection (d) of Section 6 of
this Act. Penalties imposed under this subsection (a-1) shall
be deposited into the Illinois Workers' Compensation
Commission Operations Fund, a special fund that is created in
the State treasury. Subject to appropriation, moneys in the
Fund shall be used solely for the operations of the Illinois
Workers' Compensation Commission.
    (b) The sworn application and financial statement, or
security, indemnity or bond, or amount of insurance, or other
provisions, filed, furnished, carried, or made by the employer,
as the case may be, shall be subject to the approval of the
Commission.
    Deposits under escrow agreements shall be cash, negotiable
United States government bonds or negotiable general
obligation bonds of the State of Illinois. Such cash or bonds
shall be deposited in escrow with any State or National Bank or
Trust Company having trust authority in the State of Illinois.
    Upon the approval of the sworn application and financial
statement, security, indemnity or bond or amount of insurance,
filed, furnished or carried, as the case may be, the Commission
shall send to the employer written notice of its approval
thereof. The certificate of compliance by the employer with the
provisions of subparagraphs (2) and (3) of paragraph (a) of
this Section shall be delivered by the insurance carrier to the
Illinois Workers' Compensation Commission within five days
after the effective date of the policy so certified. The
insurance so certified shall cover all compensation liability
occurring during the time that the insurance is in effect and
no further certificate need be filed in case such insurance is
renewed, extended or otherwise continued by such carrier. The
insurance so certified shall not be cancelled or in the event
that such insurance is not renewed, extended or otherwise
continued, such insurance shall not be terminated until at
least 10 days after receipt by the Illinois Workers'
Compensation Commission of notice of the cancellation or
termination of said insurance; provided, however, that if the
employer has secured insurance from another insurance carrier,
or has otherwise secured the payment of compensation in
accordance with this Section, and such insurance or other
security becomes effective prior to the expiration of the 10
days, cancellation or termination may, at the option of the
insurance carrier indicated in such notice, be effective as of
the effective date of such other insurance or security.
    (c) Whenever the Commission shall find that any
corporation, company, association, aggregation of individuals,
reciprocal or interinsurers exchange, or other insurer
effecting workers' compensation insurance in this State shall
be insolvent, financially unsound, or unable to fully meet all
payments and liabilities assumed or to be assumed for
compensation insurance in this State, or shall practice a
policy of delay or unfairness toward employees in the
adjustment, settlement, or payment of benefits due such
employees, the Commission may after reasonable notice and
hearing order and direct that such corporation, company,
association, aggregation of individuals, reciprocal or
interinsurers exchange, or insurer, shall from and after a date
fixed in such order discontinue the writing of any such
workers' compensation insurance in this State. Subject to such
modification of the order as the Commission may later make on
review of the order, as herein provided, it shall thereupon be
unlawful for any such corporation, company, association,
aggregation of individuals, reciprocal or interinsurers
exchange, or insurer to effect any workers' compensation
insurance in this State. A copy of the order shall be served
upon the Director of Insurance by registered mail. Whenever the
Commission finds that any service or adjustment company used or
employed by a self-insured employer or by an insurance carrier
to process, adjust, investigate, compromise or otherwise
handle claims under this Act, has practiced or is practicing a
policy of delay or unfairness toward employees in the
adjustment, settlement or payment of benefits due such
employees, the Commission may after reasonable notice and
hearing order and direct that such service or adjustment
company shall from and after a date fixed in such order be
prohibited from processing, adjusting, investigating,
compromising or otherwise handling claims under this Act.
    Whenever the Commission finds that any self-insured
employer has practiced or is practicing delay or unfairness
toward employees in the adjustment, settlement or payment of
benefits due such employees, the Commission may, after
reasonable notice and hearing, order and direct that after a
date fixed in the order such self-insured employer shall be
disqualified to operate as a self-insurer and shall be required
to insure his entire liability to pay compensation in some
insurance carrier authorized, licensed and permitted to do such
insurance business in this State, as provided in subparagraph 3
of paragraph (a) of this Section.
    All orders made by the Commission under this Section shall
be subject to review by the courts, said review to be taken in
the same manner and within the same time as provided by Section
19 of this Act for review of awards and decisions of the
Commission, upon the party seeking the review filing with the
clerk of the court to which said review is taken a bond in an
amount to be fixed and approved by the court to which the
review is taken, conditioned upon the payment of all
compensation awarded against the person taking said review
pending a decision thereof and further conditioned upon such
other obligations as the court may impose. Upon the review the
Circuit Court shall have power to review all questions of fact
as well as of law. The penalty hereinafter provided for in this
paragraph shall not attach and shall not begin to run until the
final determination of the order of the Commission.
    (d) Whenever a panel of 3 Commissioners comprised of one
member of the employing class, one member of the employee
class, and one member not identified with either the employing
or employee class, with due process and after a hearing,
determines an employer has knowingly failed to provide coverage
as required by paragraph (a) of this Section, the failure shall
be deemed an immediate serious danger to public health, safety,
and welfare sufficient to justify service by the Commission of
a work-stop order on such employer, requiring the cessation of
all business operations of such employer at the place of
employment or job site. Any law enforcement agency in the State
shall, at the request of the Commission, render any assistance
necessary to carry out the provisions of this Section,
including, but not limited to, preventing any employee of such
employer from remaining at a place of employment or job site
after a work-stop order has taken effect. Any work-stop order
shall be lifted upon proof of insurance as required by this
Act. Any orders under this Section are appealable under Section
19(f) to the Circuit Court.
    Any individual employer, corporate officer or director of a
corporate employer, partner of an employer partnership, or
member of an employer limited liability company who knowingly
fails to provide coverage as required by paragraph (a) of this
Section is guilty of a Class 4 felony. This provision shall not
apply to any corporate officer or director of any
publicly-owned corporation. Each day's violation constitutes a
separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General, shall bring
such actions in the name of the People of the State of
Illinois, or may, in addition to other remedies provided in
this Section, bring an action for an injunction to restrain the
violation or to enjoin the operation of any such employer.
    Any individual employer, corporate officer or director of a
corporate employer, partner of an employer partnership, or
member of an employer limited liability company who negligently
fails to provide coverage as required by paragraph (a) of this
Section is guilty of a Class A misdemeanor. This provision
shall not apply to any corporate officer or director of any
publicly-owned corporation. Each day's violation constitutes a
separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General, shall bring
such actions in the name of the People of the State of
Illinois.
    The criminal penalties in this subsection (d) shall not
apply where there exists a good faith dispute as to the
existence of an employment relationship. Evidence of good faith
shall include, but not be limited to, compliance with the
definition of employee as used by the Internal Revenue Service.
    Employers who are subject to and who knowingly fail to
comply with this Section shall not be entitled to the benefits
of this Act during the period of noncompliance, but shall be
liable in an action under any other applicable law of this
State. In the action, such employer shall not avail himself or
herself of the defenses of assumption of risk or negligence or
that the injury was due to a co-employee. In the action, proof
of the injury shall constitute prima facie evidence of
negligence on the part of such employer and the burden shall be
on such employer to show freedom of negligence resulting in the
injury. The employer shall not join any other defendant in any
such civil action. Nothing in this amendatory Act of the 94th
General Assembly shall affect the employee's rights under
subdivision (a)3 of Section 1 of this Act. Any employer or
carrier who makes payments under subdivision (a)3 of Section 1
of this Act shall have a right of reimbursement from the
proceeds of any recovery under this Section.
    An employee of an uninsured employer, or the employee's
dependents in case death ensued, may, instead of proceeding
against the employer in a civil action in court, file an
application for adjustment of claim with the Commission in
accordance with the provisions of this Act and the Commission
shall hear and determine the application for adjustment of
claim in the manner in which other claims are heard and
determined before the Commission.
    All proceedings under this subsection (d) shall be reported
on an annual basis to the Workers' Compensation Advisory Board.
    Upon a finding by the Commission, after reasonable notice
and hearing, of the knowing and wilful failure or refusal of an
employer to comply with any of the provisions of paragraph (a)
of this Section or the failure or refusal of an employer,
service or adjustment company, or an insurance carrier to
comply with any order of the Illinois Workers' Compensation
Commission pursuant to paragraph (c) of this Section
disqualifying him or her to operate as a self insurer and
requiring him or her to insure his or her liability, the
Commission may assess a civil penalty of up to $500 per day for
each day of such failure or refusal after the effective date of
this amendatory Act of 1989. The minimum penalty under this
Section shall be the sum of $10,000. Each day of such failure
or refusal shall constitute a separate offense. The Commission
may assess the civil penalty personally and individually
against the corporate officers and directors of a corporate
employer, the partners of an employer partnership, and the
members of an employer limited liability company, after a
finding of a knowing and willful refusal or failure of each
such named corporate officer, director, partner, or member to
comply with this Section. The liability for the assessed
penalty shall be against the named employer first, and if the
named employer fails or refuses to pay the penalty to the
Commission within 30 days after the final order of the
Commission, then the named corporate officers, directors,
partners, or members who have been found to have knowingly and
willfully refused or failed to comply with this Section shall
be liable for the unpaid penalty or any unpaid portion of the
penalty. Upon investigation by the insurance non-compliance
unit of the Commission, the Attorney General shall have the
authority to prosecute all proceedings to enforce the civil and
administrative provisions of this Section before the
Commission. The Commission shall promulgate procedural rules
for enforcing this Section. All penalties collected under this
Section shall be deposited in the Illinois Workers'
Compensation Commission Operations Fund.
    Upon the failure or refusal of any employer, service or
adjustment company or insurance carrier to comply with the
provisions of this Section and with the orders of the
Commission under this Section, or the order of the court on
review after final adjudication, the Commission may bring a
civil action to recover the amount of the penalty in Cook
County or in Sangamon County in which litigation the Commission
shall be represented by the Attorney General. The Commission
shall send notice of its finding of non-compliance and
assessment of the civil penalty to the Attorney General. It
shall be the duty of the Attorney General within 30 days after
receipt of the notice, to institute prosecutions and promptly
prosecute all reported violations of this Section.
    Any individual employer, corporate officer or director of a
corporate employer, partner of an employer partnership, or
member of an employer limited liability company who, with the
intent to avoid payment of compensation under this Act to an
injured employee or the employee's dependents, knowingly
transfers, sells, encumbers, assigns, or in any manner disposes
of, conceals, secretes, or destroys any property belonging to
the employer, officer, director, partner, or member is guilty
of a Class 4 felony.
    Penalties and fines collected pursuant to this paragraph
(d) shall be deposited upon receipt into a special fund which
shall be designated the Injured Workers' Benefit Fund, of which
the State Treasurer is ex-officio custodian, such special fund
to be held and disbursed in accordance with this paragraph (d)
for the purposes hereinafter stated in this paragraph (d), upon
the final order of the Commission. The Injured Workers' Benefit
Fund shall be deposited the same as are State funds and any
interest accruing thereon shall be added thereto every 6
months. The Injured Workers' Benefit Fund is subject to audit
the same as State funds and accounts and is protected by the
general bond given by the State Treasurer. The Injured Workers'
Benefit Fund is considered always appropriated for the purposes
of disbursements as provided in this paragraph, and shall be
paid out and disbursed as herein provided and shall not at any
time be appropriated or diverted to any other use or purpose.
Moneys in the Injured Workers' Benefit Fund shall be used only
for payment of workers' compensation benefits for injured
employees when the employer has failed to provide coverage as
determined under this paragraph (d) and has failed to pay the
benefits due to the injured employee. The Commission shall have
the right to obtain reimbursement from the employer for
compensation obligations paid by the Injured Workers' Benefit
Fund. Any such amounts obtained shall be deposited by the
Commission into the Injured Workers' Benefit Fund. If an
injured employee or his or her personal representative receives
payment from the Injured Workers' Benefit Fund, the State of
Illinois has the same rights under paragraph (b) of Section 5
that the employer who failed to pay the benefits due to the
injured employee would have had if the employer had paid those
benefits, and any moneys recovered by the State as a result of
the State's exercise of its rights under paragraph (b) of
Section 5 shall be deposited into the Injured Workers' Benefit
Fund. The custodian of the Injured Workers' Benefit Fund shall
be joined with the employer as a party respondent in the
application for adjustment of claim. After July 1, 2006, the
Commission shall make disbursements from the Fund once each
year to each eligible claimant. An eligible claimant is an
injured worker who has within the previous fiscal year obtained
a final award for benefits from the Commission against the
employer and the Injured Workers' Benefit Fund and has notified
the Commission within 90 days of receipt of such award. Within
a reasonable time after the end of each fiscal year, the
Commission shall make a disbursement to each eligible claimant.
At the time of disbursement, if there are insufficient moneys
in the Fund to pay all claims, each eligible claimant shall
receive a pro-rata share, as determined by the Commission, of
the available moneys in the Fund for that year. Payment from
the Injured Workers' Benefit Fund to an eligible claimant
pursuant to this provision shall discharge the obligations of
the Injured Workers' Benefit Fund regarding the award entered
by the Commission.
    (e) This Act shall not affect or disturb the continuance of
any existing insurance, mutual aid, benefit, or relief
association or department, whether maintained in whole or in
part by the employer or whether maintained by the employees,
the payment of benefits of such association or department being
guaranteed by the employer or by some person, firm or
corporation for him or her: Provided, the employer contributes
to such association or department an amount not less than the
full compensation herein provided, exclusive of the cost of the
maintenance of such association or department and without any
expense to the employee. This Act shall not prevent the
organization and maintaining under the insurance laws of this
State of any benefit or insurance company for the purpose of
insuring against the compensation provided for in this Act, the
expense of which is maintained by the employer. This Act shall
not prevent the organization or maintaining under the insurance
laws of this State of any voluntary mutual aid, benefit or
relief association among employees for the payment of
additional accident or sick benefits.
    (f) No existing insurance, mutual aid, benefit or relief
association or department shall, by reason of anything herein
contained, be authorized to discontinue its operation without
first discharging its obligations to any and all persons
carrying insurance in the same or entitled to relief or
benefits therein.
    (g) Any contract, oral, written or implied, of employment
providing for relief benefit, or insurance or any other device
whereby the employee is required to pay any premium or premiums
for insurance against the compensation provided for in this Act
shall be null and void. Any employer withholding from the wages
of any employee any amount for the purpose of paying any such
premium shall be guilty of a Class B misdemeanor.
    In the event the employer does not pay the compensation for
which he or she is liable, then an insurance company,
association or insurer which may have insured such employer
against such liability shall become primarily liable to pay to
the employee, his or her personal representative or beneficiary
the compensation required by the provisions of this Act to be
paid by such employer. The insurance carrier may be made a
party to the proceedings in which the employer is a party and
an award may be entered jointly against the employer and the
insurance carrier.
    (h) It shall be unlawful for any employer, insurance
company or service or adjustment company to interfere with,
restrain or coerce an employee in any manner whatsoever in the
exercise of the rights or remedies granted to him or her by
this Act or to discriminate, attempt to discriminate, or
threaten to discriminate against an employee in any way because
of his or her exercise of the rights or remedies granted to him
or her by this Act.
    It shall be unlawful for any employer, individually or
through any insurance company or service or adjustment company,
to discharge or to threaten to discharge, or to refuse to
rehire or recall to active service in a suitable capacity an
employee because of the exercise of his or her rights or
remedies granted to him or her by this Act.
    (i) If an employer elects to obtain a life insurance policy
on his employees, he may also elect to apply such benefits in
satisfaction of all or a portion of the death benefits payable
under this Act, in which case, the employer's compensation
premium shall be reduced accordingly.
    (j) Within 45 days of receipt of an initial application or
application to renew self-insurance privileges the
Self-Insurers Advisory Board shall review and submit for
approval by the Chairman of the Commission recommendations of
disposition of all initial applications to self-insure and all
applications to renew self-insurance privileges filed by
private self-insurers pursuant to the provisions of this
Section and Section 4a-9 of this Act. Each private self-insurer
shall submit with its initial and renewal applications the
application fee required by Section 4a-4 of this Act.
    The Chairman of the Commission shall promptly act upon all
initial applications and applications for renewal in full
accordance with the recommendations of the Board or, should the
Chairman disagree with any recommendation of disposition of the
Self-Insurer's Advisory Board, he shall within 30 days of
receipt of such recommendation provide to the Board in writing
the reasons supporting his decision. The Chairman shall also
promptly notify the employer of his decision within 15 days of
receipt of the recommendation of the Board.
    If an employer is denied a renewal of self-insurance
privileges pursuant to application it shall retain said
privilege for 120 days after receipt of a notice of
cancellation of the privilege from the Chairman of the
Commission.
    All orders made by the Chairman under this Section shall be
subject to review by the courts, such review to be taken in the
same manner and within the same time as provided by subsection
(f) of Section 19 of this Act for review of awards and
decisions of the Commission, upon the party seeking the review
filing with the clerk of the court to which such review is
taken a bond in an amount to be fixed and approved by the court
to which the review is taken, conditioned upon the payment of
all compensation awarded against the person taking such review
pending a decision thereof and further conditioned upon such
other obligations as the court may impose. Upon the review the
Circuit Court shall have power to review all questions of fact
as well as of law.
(Source: P.A. 92-324, eff. 8-9-01; 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/7)  (from Ch. 48, par. 138.7)
    Sec. 7. The amount of compensation which shall be paid for
an accidental injury to the employee resulting in death is:
    (a) If the employee leaves surviving a widow, widower,
child or children, the applicable weekly compensation rate
computed in accordance with subparagraph 2 of paragraph (b) of
Section 8, shall be payable during the life of the widow or
widower and if any surviving child or children shall not be
physically or mentally incapacitated then until the death of
the widow or widower or until the youngest child shall reach
the age of 18, whichever shall come later; provided that if
such child or children shall be enrolled as a full time student
in any accredited educational institution, the payments shall
continue until such child has attained the age of 25. In the
event any surviving child or children shall be physically or
mentally incapacitated, the payments shall continue for the
duration of such incapacity.
    The term "child" means a child whom the deceased employee
left surviving, including a posthumous child, a child legally
adopted, a child whom the deceased employee was legally
obligated to support or a child to whom the deceased employee
stood in loco parentis. The term "children" means the plural of
"child".
    The term "physically or mentally incapacitated child or
children" means a child or children incapable of engaging in
regular and substantial gainful employment.
    In the event of the remarriage of a widow or widower, where
the decedent did not leave surviving any child or children who,
at the time of such remarriage, are entitled to compensation
benefits under this Act, the surviving spouse shall be paid a
lump sum equal to 2 years compensation benefits and all further
rights of such widow or widower shall be extinguished.
    If the employee leaves surviving any child or children
under 18 years of age who at the time of death shall be
entitled to compensation under this paragraph (a) of this
Section, the weekly compensation payments herein provided for
such child or children shall in any event continue for a period
of not less than 6 years.
    Any beneficiary entitled to compensation under this
paragraph (a) of this Section shall receive from the special
fund provided in paragraph (f) of this Section, in addition to
the compensation herein provided, supplemental benefits in
accordance with paragraph (g) of Section 8.
    (b) If no compensation is payable under paragraph (a) of
this Section and the employee leaves surviving a parent or
parents who at the time of the accident were totally dependent
upon the earnings of the employee then weekly payments equal to
the compensation rate payable in the case where the employee
leaves surviving a widow or widower, shall be paid to such
parent or parents for the duration of their lives, and in the
event of the death of either, for the life of the survivor.
    (c) If no compensation is payable under paragraphs (a) or
(b) of this Section and the employee leaves surviving any child
or children who are not entitled to compensation under the
foregoing paragraph (a) but who at the time of the accident
were nevertheless in any manner dependent upon the earnings of
the employee, or leaves surviving a parent or parents who at
the time of the accident were partially dependent upon the
earnings of the employee, then there shall be paid to such
dependent or dependents for a period of 8 years weekly
compensation payments at such proportion of the applicable rate
if the employee had left surviving a widow or widower as such
dependency bears to total dependency. In the event of the death
of any such beneficiary the share of such beneficiary shall be
divided equally among the surviving beneficiaries and in the
event of the death of the last such beneficiary all the rights
under this paragraph shall be extinguished.
    (d) If no compensation is payable under paragraphs (a), (b)
or (c) of this Section and the employee leaves surviving any
grandparent, grandparents, grandchild or grandchildren or
collateral heirs dependent upon the employee's earnings to the
extent of 50% or more of total dependency, then there shall be
paid to such dependent or dependents for a period of 5 years
weekly compensation payments at such proportion of the
applicable rate if the employee had left surviving a widow or
widower as such dependency bears to total dependency. In the
event of the death of any such beneficiary the share of such
beneficiary shall be divided equally among the surviving
beneficiaries and in the event of the death of the last such
beneficiary all rights hereunder shall be extinguished.
    (e) The compensation to be paid for accidental injury which
results in death, as provided in this Section, shall be paid to
the persons who form the basis for determining the amount of
compensation to be paid by the employer, the respective shares
to be in the proportion of their respective dependency at the
time of the accident on the earnings of the deceased. The
Commission or an Arbitrator thereof may, in its or his
discretion, order or award the payment to the parent or
grandparent of a child for the latter's support the amount of
compensation which but for such order or award would have been
paid to such child as its share of the compensation payable,
which order or award may be modified from time to time by the
Commission in its discretion with respect to the person to whom
shall be paid the amount of the order or award remaining unpaid
at the time of the modification.
    The payments of compensation by the employer in accordance
with the order or award of the Commission discharges such
employer from all further obligation as to such compensation.
    (f) The sum of $8,000 $4200 for burial expenses shall be
paid by the employer to the widow or widower, other dependent,
next of kin or to the person or persons incurring the expense
of burial.
    In the event the employer failed to provide necessary first
aid, medical, surgical or hospital service, he shall pay the
cost thereof to the person or persons entitled to compensation
under paragraphs (a), (b), (c) or (d) of this Section, or to
the person or persons incurring the obligation therefore, or
providing the same.
    On January 15 and July 15, 1981, and on January 15 and July
15 of each year thereafter the employer shall within 60 days
pay a sum equal to 1/8 of 1% of all compensation payments made
by him after July 1, 1980, either under this Act or the
Workers' Occupational Diseases Act, whether by lump sum
settlement or weekly compensation payments, but not including
hospital, surgical or rehabilitation payments, made during the
first 6 months and during the second 6 months respectively of
the fiscal year next preceding the date of the payments, into a
special fund which shall be designated the "Second Injury
Fund", of which the State Treasurer is ex-officio custodian,
such special fund to be held and disbursed for the purposes
hereinafter stated in paragraphs (f) and (g) of Section 8,
either upon the order of the Commission or of a competent
court. Said special fund shall be deposited the same as are
State funds and any interest accruing thereon shall be added
thereto every 6 months. It is subject to audit the same as
State funds and accounts and is protected by the General bond
given by the State Treasurer. It is considered always
appropriated for the purposes of disbursements as provided in
Section 8, paragraph (f), of this Act, and shall be paid out
and disbursed as therein provided and shall not at any time be
appropriated or diverted to any other use or purpose.
    On January 15, 1991, the employer shall further pay a sum
equal to one half of 1% of all compensation payments made by
him from January 1, 1990 through June 30, 1990 either under
this Act or under the Workers' Occupational Diseases Act,
whether by lump sum settlement or weekly compensation payments,
but not including hospital, surgical or rehabilitation
payments, into an additional Special Fund which shall be
designated as the "Rate Adjustment Fund". On March 15, 1991,
the employer shall pay into the Rate Adjustment Fund a sum
equal to one half of 1% of all such compensation payments made
from July 1, 1990 through December 31, 1990. Within 60 days
after July 15, 1991, the employer shall pay into the Rate
Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made from January 1, 1991 through June
30, 1991. Within 60 days after January 15 of 1992 and each
subsequent year through 1996, the employer shall pay into the
Rate Adjustment Fund a sum equal to one half of 1% of all such
compensation payments made in the last 6 months of the
preceding calendar year. Within 60 days after July 15 of 1992
and each subsequent year through 1995, the employer shall pay
into the Rate Adjustment Fund a sum equal to one half of 1% of
all such compensation payments made in the first 6 months of
the same calendar year. Within 60 days after January 15 of 1997
and each subsequent year through 2005, the employer shall pay
into the Rate Adjustment Fund a sum equal to three-fourths of
1% of all such compensation payments made in the last 6 months
of the preceding calendar year. Within 60 days after July 15 of
1996 and each subsequent year through 2004, the employer shall
pay into the Rate Adjustment Fund a sum equal to three-fourths
of 1% of all such compensation payments made in the first 6
months of the same calendar year. Within 60 days after January
15 of 2006 and each subsequent year, the employer shall pay
into the Rate Adjustment Fund a sum equal to 1% of such
compensation payments made in the last 6 months of the
preceding calendar year. Within 60 days after July 15 of 2005
and each subsequent year, the employer shall pay into the Rate
Adjustment Fund a sum equal to 1% of such compensation payments
made in the first 6 months of the same calendar year. The
administrative costs of collecting assessments from employers
for the Rate Adjustment Fund shall be paid from the Rate
Adjustment Fund. The cost of an actuarial audit of the Fund
shall be paid from the Rate Adjustment Fund and the audit shall
be completed no later than July 1, 1997. The State Treasurer is
ex officio custodian of such Special Fund and the same shall be
held and disbursed for the purposes hereinafter stated in
paragraphs (f) and (g) of Section 8 upon the order of the
Commission or of a competent court. The Rate Adjustment Fund
shall be deposited the same as are State funds and any interest
accruing thereon shall be added thereto every 6 months. It
shall be subject to audit the same as State funds and accounts
and shall be protected by the general bond given by the State
Treasurer. It is considered always appropriated for the
purposes of disbursements as provided in paragraphs (f) and (g)
of Section 8 of this Act and shall be paid out and disbursed as
therein provided and shall not at any time be appropriated or
diverted to any other use or purpose. Within 5 days after the
effective date of this amendatory Act of 1990, the Comptroller
and the State Treasurer shall transfer $1,000,000 from the
General Revenue Fund to the Rate Adjustment Fund. By February
15, 1991, the Comptroller and the State Treasurer shall
transfer $1,000,000 from the Rate Adjustment Fund to the
General Revenue Fund. The Comptroller and Treasurer are
authorized to make transfers at the request of the Chairman up
to a total of $19,000,000 $15,000,000 from the Second Injury
Fund, the General Revenue Fund, and the Workers' Compensation
Benefit Trust Fund to the Rate Adjustment Fund to the extent
that there is insufficient money in the Rate Adjustment Fund to
pay claims and obligations. Amounts may be transferred from the
General Revenue Fund only if the funds in the Second Injury
Fund or the Workers' Compensation Benefit Trust Fund are
insufficient to pay claims and obligations of the Rate
Adjustment Fund. All amounts transferred from the Second Injury
Fund, the General Revenue Fund, and the Workers' Compensation
Benefit Trust Fund shall be repaid from the Rate Adjustment
Fund within 270 days of a transfer, together with interest at
the rate earned by moneys on deposit in the Fund or Funds from
which the moneys were transferred.
    Upon a finding by the Commission, after reasonable notice
and hearing, that any employer has willfully and knowingly
failed to pay the proper amounts into the Second Injury Fund or
the Rate Adjustment Fund required by this Section or if such
payments are not made within the time periods prescribed by
this Section, the employer shall, in addition to such payments,
pay a penalty of 20% of the amount required to be paid or
$2,500, whichever is greater, for each year or part thereof of
such failure to pay. This penalty shall only apply to
obligations of an employer to the Second Injury Fund or the
Rate Adjustment Fund accruing after the effective date of this
amendatory Act of 1989. All or part of such a penalty may be
waived by the Commission for good cause shown.
    Any obligations of an employer to the Second Injury Fund
and Rate Adjustment Fund accruing prior to the effective date
of this amendatory Act of 1989 shall be paid in full by such
employer within 5 years of the effective date of this
amendatory Act of 1989, with at least one-fifth of such
obligation to be paid during each year following the effective
date of this amendatory Act of 1989. If the Commission finds,
following reasonable notice and hearing, that an employer has
failed to make timely payment of any obligation accruing under
the preceding sentence, the employer shall, in addition to all
other payments required by this Section, be liable for a
penalty equal to 20% of the overdue obligation or $2,500,
whichever is greater, for each year or part thereof that
obligation is overdue. All or part of such a penalty may be
waived by the Commission for good cause shown.
    The Chairman of the Illinois Workers' Compensation
Commission shall, annually, furnish to the Director of the
Department of Insurance a list of the amounts paid into the
Second Injury Fund and the Rate Adjustment Fund by each
insurance company on behalf of their insured employers. The
Director shall verify to the Chairman that the amounts paid by
each insurance company are accurate as best as the Director can
determine from the records available to the Director. The
Chairman shall verify that the amounts paid by each
self-insurer are accurate as best as the Chairman can determine
from records available to the Chairman. The Chairman may
require each self-insurer to provide information concerning
the total compensation payments made upon which contributions
to the Second Injury Fund and the Rate Adjustment Fund are
predicated and any additional information establishing that
such payments have been made into these funds. Any deficiencies
in payments noted by the Director or Chairman shall be subject
to the penalty provisions of this Act.
    The State Treasurer, or his duly authorized
representative, shall be named as a party to all proceedings in
all cases involving claim for the loss of, or the permanent and
complete loss of the use of one eye, one foot, one leg, one arm
or one hand.
    The State Treasurer or his duly authorized agent shall have
the same rights as any other party to the proceeding, including
the right to petition for review of any award. The reasonable
expenses of litigation, such as medical examinations,
testimony, and transcript of evidence, incurred by the State
Treasurer or his duly authorized representative, shall be borne
by the Second Injury Fund.
    If the award is not paid within 30 days after the date the
award has become final, the Commission shall proceed to take
judgment thereon in its own name as is provided for other
awards by paragraph (g) of Section 19 of this Act and take the
necessary steps to collect the award.
    Any person, corporation or organization who has paid or
become liable for the payment of burial expenses of the
deceased employee may in his or its own name institute
proceedings before the Commission for the collection thereof.
    For the purpose of administration, receipts and
disbursements, the Special Fund provided for in paragraph (f)
of this Section shall be administered jointly with the Special
Fund provided for in Section 7, paragraph (f) of the Workers'
Occupational Diseases Act.
    (g) All compensation, except for burial expenses provided
in this Section to be paid in case accident results in death,
shall be paid in installments equal to the percentage of the
average earnings as provided for in Section 8, paragraph (b) of
this Act, at the same intervals at which the wages or earnings
of the employees were paid. If this is not feasible, then the
installments shall be paid weekly. Such compensation may be
paid in a lump sum upon petition as provided in Section 9 of
this Act. However, in addition to the benefits provided by
Section 9 of this Act where compensation for death is payable
to the deceased's widow, widower or to the deceased's widow,
widower and one or more children, and where a partial lump sum
is applied for by such beneficiary or beneficiaries within 18
months after the deceased's death, the Commission may, in its
discretion, grant a partial lump sum of not to exceed 100 weeks
of the compensation capitalized at their present value upon the
basis of interest calculated at 3% per annum with annual rests,
upon a showing that such partial lump sum is for the best
interest of such beneficiary or beneficiaries.
    (h) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (a), (b), (c),
(d) and (f) of this Section shall be increased 50%.
    Nothing herein contained repeals or amends the provisions
of the Child Labor Law relating to the employment of minors
under the age of 16 years.
    However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law or work
permit issued pursuant to the Federal Fair Labor Standards Act,
as amended, or a birth certificate properly and duly issued,
such certificate, permit or birth certificate is conclusive
evidence as to the age of the injured minor employee for the
purposes of this Section only.
    (i) Whenever the dependents of a deceased employee are
aliens not residing in the United States, Mexico or Canada, the
amount of compensation payable is limited to the beneficiaries
described in paragraphs (a), (b) and (c) of this Section and is
50% of the compensation provided in paragraphs (a), (b) and (c)
of this Section, except as otherwise provided by treaty.
    In a case where any of the persons who would be entitled to
compensation is living at any place outside of the United
States, then payment shall be made to the personal
representative of the deceased employee. The distribution by
such personal representative to the persons entitled shall be
made to such persons and in such manner as the Commission
orders.
(Source: P.A. 92-714, eff. 1-1-03; 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
    Sec. 8. The amount of compensation which shall be paid to
the employee for an accidental injury not resulting in death
is:
    (a) The employer shall provide and pay the negotiated rate,
if applicable, or the lesser of the health care provider's
actual charges or according to a fee schedule, subject to
Section 8.2, in effect at the time the service was rendered for
all the necessary first aid, medical and surgical services, and
all necessary medical, surgical and hospital services
thereafter incurred, limited, however, to that which is
reasonably required to cure or relieve from the effects of the
accidental injury. If the employer does not dispute payment of
first aid, medical, surgical, and hospital services, the
employer shall make such payment to the provider on behalf of
the employee. The employer shall also pay for treatment,
instruction and training necessary for the physical, mental and
vocational rehabilitation of the employee, including all
maintenance costs and expenses incidental thereto. If as a
result of the injury the employee is unable to be
self-sufficient the employer shall further pay for such
maintenance or institutional care as shall be required.
    The employee may at any time elect to secure his own
physician, surgeon and hospital services at the employer's
expense, or,
    Upon agreement between the employer and the employees, or
the employees' exclusive representative, and subject to the
approval of the Illinois Workers' Compensation Commission, the
employer shall maintain a list of physicians, to be known as a
Panel of Physicians, who are accessible to the employees. The
employer shall post this list in a place or places easily
accessible to his employees. The employee shall have the right
to make an alternative choice of physician from such Panel if
he is not satisfied with the physician first selected. If, due
to the nature of the injury or its occurrence away from the
employer's place of business, the employee is unable to make a
selection from the Panel, the selection process from the Panel
shall not apply. The physician selected from the Panel may
arrange for any consultation, referral or other specialized
medical services outside the Panel at the employer's expense.
Provided that, in the event the Commission shall find that a
doctor selected by the employee is rendering improper or
inadequate care, the Commission may order the employee to
select another doctor certified or qualified in the medical
field for which treatment is required. If the employee refuses
to make such change the Commission may relieve the employer of
his obligation to pay the doctor's charges from the date of
refusal to the date of compliance.
    Any vocational rehabilitation counselors who provide
service under this Act shall have appropriate certifications
which designate the counselor as qualified to render opinions
relating to vocational rehabilitation. Vocational
rehabilitation may include, but is not limited to, counseling
for job searches, supervising a job search program, and
vocational retraining including education at an accredited
learning institution. The employee or employer may petition to
the Commission to decide disputes relating to vocational
rehabilitation and the Commission shall resolve any such
dispute, including payment of the vocational rehabilitation
program by the employer.
    The maintenance benefit shall not be less than the
temporary total disability rate determined for the employee. In
addition, maintenance shall include costs and expenses
incidental to the vocational rehabilitation program.
    When the employee is working light duty on a part-time
basis or full-time basis and earns less than he or she would be
earning if employed in the full capacity of the job or jobs,
then the employee shall be entitled to temporary partial
disability benefits. Temporary partial disability benefits
shall be equal to two-thirds of the difference between the
average amount that the employee would be able to earn in the
full performance of his or her duties in the occupation in
which he or she was engaged at the time of accident and the net
amount which he or she is earning in the modified job provided
to the employee by the employer or in any other job that the
employee is working.
    Every hospital, physician, surgeon or other person
rendering treatment or services in accordance with the
provisions of this Section shall upon written request furnish
full and complete reports thereof to, and permit their records
to be copied by, the employer, the employee or his dependents,
as the case may be, or any other party to any proceeding for
compensation before the Commission, or their attorneys.
    Notwithstanding the foregoing, the employer's liability to
pay for such medical services selected by the employee shall be
limited to:
        (1) all first aid and emergency treatment; plus
        (2) all medical, surgical and hospital services
    provided by the physician, surgeon or hospital initially
    chosen by the employee or by any other physician,
    consultant, expert, institution or other provider of
    services recommended by said initial service provider or
    any subsequent provider of medical services in the chain of
    referrals from said initial service provider; plus
        (3) all medical, surgical and hospital services
    provided by any second physician, surgeon or hospital
    subsequently chosen by the employee or by any other
    physician, consultant, expert, institution or other
    provider of services recommended by said second service
    provider or any subsequent provider of medical services in
    the chain of referrals from said second service provider.
    Thereafter the employer shall select and pay for all
    necessary medical, surgical and hospital treatment and the
    employee may not select a provider of medical services at
    the employer's expense unless the employer agrees to such
    selection. At any time the employee may obtain any medical
    treatment he desires at his own expense. This paragraph
    shall not affect the duty to pay for rehabilitation
    referred to above.
    When an employer and employee so agree in writing, nothing
in this Act prevents an employee whose injury or disability has
been established under this Act, from relying in good faith, on
treatment by prayer or spiritual means alone, in accordance
with the tenets and practice of a recognized church or
religious denomination, by a duly accredited practitioner
thereof, and having nursing services appropriate therewith,
without suffering loss or diminution of the compensation
benefits under this Act. However, the employee shall submit to
all physical examinations required by this Act. The cost of
such treatment and nursing care shall be paid by the employee
unless the employer agrees to make such payment.
    Where the accidental injury results in the amputation of an
arm, hand, leg or foot, or the enucleation of an eye, or the
loss of any of the natural teeth, the employer shall furnish an
artificial of any such members lost or damaged in accidental
injury arising out of and in the course of employment, and
shall also furnish the necessary braces in all proper and
necessary cases. In cases of the loss of a member or members by
amputation, the employer shall, whenever necessary, maintain
in good repair, refit or replace the artificial limbs during
the lifetime of the employee. Where the accidental injury
accompanied by physical injury results in damage to a denture,
eye glasses or contact eye lenses, or where the accidental
injury results in damage to an artificial member, the employer
shall replace or repair such denture, glasses, lenses, or
artificial member.
    The furnishing by the employer of any such services or
appliances is not an admission of liability on the part of the
employer to pay compensation.
    The furnishing of any such services or appliances or the
servicing thereof by the employer is not the payment of
compensation.
    (b) If the period of temporary total incapacity for work
lasts more than 3 working days, weekly compensation as
hereinafter provided shall be paid beginning on the 4th day of
such temporary total incapacity and continuing as long as the
total temporary incapacity lasts. In cases where the temporary
total incapacity for work continues for a period of 14 days or
more from the day of the accident compensation shall commence
on the day after the accident.
        1. The compensation rate for temporary total
    incapacity under this paragraph (b) of this Section shall
    be equal to 66 2/3% of the employee's average weekly wage
    computed in accordance with Section 10, provided that it
    shall be not less than 66 2/3% of the sum of the Federal
    minimum wage under the Fair Labor Standards Act, or the
    Illinois minimum wage under the Minimum Wage Law, whichever
    is more, multiplied by 40 hours. This percentage rate shall
    be increased by 10% for each spouse and child, not to
    exceed 100% of the total minimum wage calculation, the
    following amounts in the following cases:
            $100.90 in case of a single person;
            $105.50 in case of a married person with no
        children;
            $108.30 in case of one child;
            $113.40 in case of 2 children;
            $117.40 in case of 3 children;
            $124.30 in case of 4 or more children;
    nor exceed the employee's average weekly wage computed in
    accordance with the provisions of Section 10, whichever is
    less.
        2. The compensation rate in all cases other than for
    temporary total disability under this paragraph (b), and
    other than for serious and permanent disfigurement under
    paragraph (c) and other than for permanent partial
    disability under subparagraph (2) of paragraph (d) or under
    paragraph (e), of this Section shall be equal to 66 2/3% of
    the employee's average weekly wage computed in accordance
    with the provisions of Section 10, provided that it shall
    be not less than 66 2/3% of the sum of the Federal minimum
    wage under the Fair Labor Standards Act, or the Illinois
    minimum wage under the Minimum Wage Law, whichever is more,
    multiplied by 40 hours. This percentage rate shall be
    increased by 10% for each spouse and child, not to exceed
    100% of the total minimum wage calculation, the following
    amounts in the following cases:
            $80.90 in case of a single person;
            $83.20 in case of a married person with no
        children;
            $86.10 in case of one child;
            $88.90 in case of 2 children;
            $91.80 in case of 3 children;
            $96.90 in case of 4 or more children;
    nor exceed the employee's average weekly wage computed in
    accordance with the provisions of Section 10, whichever is
    less.
        2.1. The compensation rate in all cases of serious and
    permanent disfigurement under paragraph (c) and of
    permanent partial disability under subparagraph (2) of
    paragraph (d) or under paragraph (e) of this Section shall
    be equal to 60% of the employee's average weekly wage
    computed in accordance with the provisions of Section 10,
    provided that it shall be not less than 66 2/3% of the sum
    of the Federal minimum wage under the Fair Labor Standards
    Act, or the Illinois minimum wage under the Minimum Wage
    Law, whichever is more, multiplied by 40 hours. This
    percentage rate shall be increased by 10% for each spouse
    and child, not to exceed 100% of the total minimum wage
    calculation, the following amounts in the following cases:
            $80.90 in case of a single person;
            $83.20 in case of a married person with no
        children;
            $86.10 in case of one child;
            $88.90 in case of 2 children;
            $91.80 in case of 3 children;
            $96.90 in case of 4 or more children;
    nor exceed the employee's average weekly wage computed in
    accordance with the provisions of Section 10, whichever is
    less.
        3. As used in this Section the term "child" means a
    child of the employee including any child legally adopted
    before the accident or whom at the time of the accident the
    employee was under legal obligation to support or to whom
    the employee stood in loco parentis, and who at the time of
    the accident was under 18 years of age and not emancipated.
    The term "children" means the plural of "child".
        4. All weekly compensation rates provided under
    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
    Section shall be subject to the following limitations:
        The maximum weekly compensation rate from July 1, 1975,
    except as hereinafter provided, shall be 100% of the
    State's average weekly wage in covered industries under the
    Unemployment Insurance Act, that being the wage that most
    closely approximates the State's average weekly wage.
        The maximum weekly compensation rate, for the period
    July 1, 1984, through June 30, 1987, except as hereinafter
    provided, shall be $293.61. Effective July 1, 1987 and on
    July 1 of each year thereafter the maximum weekly
    compensation rate, except as hereinafter provided, shall
    be determined as follows: if during the preceding 12 month
    period there shall have been an increase in the State's
    average weekly wage in covered industries under the
    Unemployment Insurance Act, the weekly compensation rate
    shall be proportionately increased by the same percentage
    as the percentage of increase in the State's average weekly
    wage in covered industries under the Unemployment
    Insurance Act during such period.
        The maximum weekly compensation rate, for the period
    January 1, 1981 through December 31, 1983, except as
    hereinafter provided, shall be 100% of the State's average
    weekly wage in covered industries under the Unemployment
    Insurance Act in effect on January 1, 1981. Effective
    January 1, 1984 and on January 1, of each year thereafter
    the maximum weekly compensation rate, except as
    hereinafter provided, shall be determined as follows: if
    during the preceding 12 month period there shall have been
    an increase in the State's average weekly wage in covered
    industries under the Unemployment Insurance Act, the
    weekly compensation rate shall be proportionately
    increased by the same percentage as the percentage of
    increase in the State's average weekly wage in covered
    industries under the Unemployment Insurance Act during
    such period.
        From July 1, 1977 and thereafter such maximum weekly
    compensation rate in death cases under Section 7, and
    permanent total disability cases under paragraph (f) or
    subparagraph 18 of paragraph (3) of this Section and for
    temporary total disability under paragraph (b) of this
    Section and for amputation of a member or enucleation of an
    eye under paragraph (e) of this Section shall be increased
    to 133-1/3% of the State's average weekly wage in covered
    industries under the Unemployment Insurance Act.
        For injuries occurring on or after February 1, 2006,
    the maximum weekly benefit under paragraph (d)1 of this
    Section shall be 100% of the State's average weekly wage in
    covered industries under the Unemployment Insurance Act.
        4.1. Any provision herein to the contrary
    notwithstanding, the weekly compensation rate for
    compensation payments under subparagraph 18 of paragraph
    (e) of this Section and under paragraph (f) of this Section
    and under paragraph (a) of Section 7 and for amputation of
    a member or enucleation of an eye under paragraph (e) of
    this Section, shall in no event be less than 50% of the
    State's average weekly wage in covered industries under the
    Unemployment Insurance Act.
        4.2. Any provision to the contrary notwithstanding,
    the total compensation payable under Section 7 shall not
    exceed the greater of $500,000 $250,000 or 25 20 years.
        5. For the purpose of this Section this State's average
    weekly wage in covered industries under the Unemployment
    Insurance Act on July 1, 1975 is hereby fixed at $228.16
    per week and the computation of compensation rates shall be
    based on the aforesaid average weekly wage until modified
    as hereinafter provided.
        6. The Department of Employment Security of the State
    shall on or before the first day of December, 1977, and on
    or before the first day of June, 1978, and on the first day
    of each December and June of each year thereafter, publish
    the State's average weekly wage in covered industries under
    the Unemployment Insurance Act and the Illinois Workers'
    Compensation Commission shall on the 15th day of January,
    1978 and on the 15th day of July, 1978 and on the 15th day
    of each January and July of each year thereafter, post and
    publish the State's average weekly wage in covered
    industries under the Unemployment Insurance Act as last
    determined and published by the Department of Employment
    Security. The amount when so posted and published shall be
    conclusive and shall be applicable as the basis of
    computation of compensation rates until the next posting
    and publication as aforesaid.
        7. The payment of compensation by an employer or his
    insurance carrier to an injured employee shall not
    constitute an admission of the employer's liability to pay
    compensation.
    (c) For any serious and permanent disfigurement to the
hand, head, face, neck, arm, leg below the knee or the chest
above the axillary line, the employee is entitled to
compensation for such disfigurement, the amount determined by
agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental
injury, which amount shall not exceed 162 150 weeks at the
applicable rate provided in subparagraph 2.1 of paragraph (b)
of this Section.
    No compensation is payable under this paragraph where
compensation is payable under paragraphs (d), (e) or (f) of
this Section.
    A duly appointed member of a fire department in a city, the
population of which exceeds 200,000 according to the last
federal or State census, is eligible for compensation under
this paragraph only where such serious and permanent
disfigurement results from burns.
    (d) 1. If, after the accidental injury has been sustained,
the employee as a result thereof becomes partially
incapacitated from pursuing his usual and customary line of
employment, he shall, except in cases compensated under the
specific schedule set forth in paragraph (e) of this Section,
receive compensation for the duration of his disability,
subject to the limitations as to maximum amounts fixed in
paragraph (b) of this Section, equal to 66-2/3% of the
difference between the average amount which he would be able to
earn in the full performance of his duties in the occupation in
which he was engaged at the time of the accident and the
average amount which he is earning or is able to earn in some
suitable employment or business after the accident.
    2. If, as a result of the accident, the employee sustains
serious and permanent injuries not covered by paragraphs (c)
and (e) of this Section or having sustained injuries covered by
the aforesaid paragraphs (c) and (e), he shall have sustained
in addition thereto other injuries which injuries do not
incapacitate him from pursuing the duties of his employment but
which would disable him from pursuing other suitable
occupations, or which have otherwise resulted in physical
impairment; or if such injuries partially incapacitate him from
pursuing the duties of his usual and customary line of
employment but do not result in an impairment of earning
capacity, or having resulted in an impairment of earning
capacity, the employee elects to waive his right to recover
under the foregoing subparagraph 1 of paragraph (d) of this
Section then in any of the foregoing events, he shall receive
in addition to compensation for temporary total disability
under paragraph (b) of this Section, compensation at the rate
provided in subparagraph 2.1 of paragraph (b) of this Section
for that percentage of 500 weeks that the partial disability
resulting from the injuries covered by this paragraph bears to
total disability. If the employee shall have sustained a
fracture of one or more vertebra or fracture of the skull, the
amount of compensation allowed under this Section shall be not
less than 6 weeks for a fractured skull and 6 weeks for each
fractured vertebra, and in the event the employee shall have
sustained a fracture of any of the following facial bones:
nasal, lachrymal, vomer, zygoma, maxilla, palatine or
mandible, the amount of compensation allowed under this Section
shall be not less than 2 weeks for each such fractured bone,
and for a fracture of each transverse process not less than 3
weeks. In the event such injuries shall result in the loss of a
kidney, spleen or lung, the amount of compensation allowed
under this Section shall be not less than 10 weeks for each
such organ. Compensation awarded under this subparagraph 2
shall not take into consideration injuries covered under
paragraphs (c) and (e) of this Section and the compensation
provided in this paragraph shall not affect the employee's
right to compensation payable under paragraphs (b), (c) and (e)
of this Section for the disabilities therein covered.
    (e) For accidental injuries in the following schedule, the
employee shall receive compensation for the period of temporary
total incapacity for work resulting from such accidental
injury, under subparagraph 1 of paragraph (b) of this Section,
and shall receive in addition thereto compensation for a
further period for the specific loss herein mentioned, but
shall not receive any compensation under any other provisions
of this Act. The following listed amounts apply to either the
loss of or the permanent and complete loss of use of the member
specified, such compensation for the length of time as follows:
        1. Thumb-76 70 weeks.
        2. First, or index finger-43 40 weeks.
        3. Second, or middle finger-38 35 weeks.
        4. Third, or ring finger-27 25 weeks.
        5. Fourth, or little finger-22 20 weeks.
        6. Great toe-38 35 weeks.
        7. Each toe other than great toe-13 12 weeks.
        8. The loss of the first or distal phalanx of the thumb
    or of any finger or toe shall be considered to be equal to
    the loss of one-half of such thumb, finger or toe and the
    compensation payable shall be one-half of the amount above
    specified. The loss of more than one phalanx shall be
    considered as the loss of the entire thumb, finger or toe.
    In no case shall the amount received for more than one
    finger exceed the amount provided in this schedule for the
    loss of a hand.
        9. Hand-205 190 weeks. The loss of 2 or more digits, or
    one or more phalanges of 2 or more digits, of a hand may be
    compensated on the basis of partial loss of use of a hand,
    provided, further, that the loss of 4 digits, or the loss
    of use of 4 digits, in the same hand shall constitute the
    complete loss of a hand.
        10. Arm-253 235 weeks. Where an accidental injury
    results in the amputation of an arm below the elbow, such
    injury shall be compensated as a loss of an arm. Where an
    accidental injury results in the amputation of an arm above
    the elbow, compensation for an additional 17 15 weeks shall
    be paid, except where the accidental injury results in the
    amputation of an arm at the shoulder joint, or so close to
    shoulder joint that an artificial arm cannot be used, or
    results in the disarticulation of an arm at the shoulder
    joint, in which case compensation for an additional 70 65
    weeks shall be paid.
        11. Foot-167 155 weeks.
        12. Leg-215 200 weeks. Where an accidental injury
    results in the amputation of a leg below the knee, such
    injury shall be compensated as loss of a leg. Where an
    accidental injury results in the amputation of a leg above
    the knee, compensation for an additional 27 25 weeks shall
    be paid, except where the accidental injury results in the
    amputation of a leg at the hip joint, or so close to the
    hip joint that an artificial leg cannot be used, or results
    in the disarticulation of a leg at the hip joint, in which
    case compensation for an additional 81 75 weeks shall be
    paid.
        13. Eye-162 150 weeks. Where an accidental injury
    results in the enucleation of an eye, compensation for an
    additional 11 10 weeks shall be paid.
        14. Loss of hearing of one ear-54 50 weeks; total and
    permanent loss of hearing of both ears-215 200 weeks.
        15. Testicle-54 50 weeks; both testicles-162 150
    weeks.
        16. For the permanent partial loss of use of a member
    or sight of an eye, or hearing of an ear, compensation
    during that proportion of the number of weeks in the
    foregoing schedule provided for the loss of such member or
    sight of an eye, or hearing of an ear, which the partial
    loss of use thereof bears to the total loss of use of such
    member, or sight of eye, or hearing of an ear.
            (a) Loss of hearing for compensation purposes
        shall be confined to the frequencies of 1,000, 2,000
        and 3,000 cycles per second. Loss of hearing ability
        for frequency tones above 3,000 cycles per second are
        not to be considered as constituting disability for
        hearing.
            (b) The percent of hearing loss, for purposes of
        the determination of compensation claims for
        occupational deafness, shall be calculated as the
        average in decibels for the thresholds of hearing for
        the frequencies of 1,000, 2,000 and 3,000 cycles per
        second. Pure tone air conduction audiometric
        instruments, approved by nationally recognized
        authorities in this field, shall be used for measuring
        hearing loss. If the losses of hearing average 30
        decibels or less in the 3 frequencies, such losses of
        hearing shall not then constitute any compensable
        hearing disability. If the losses of hearing average 85
        decibels or more in the 3 frequencies, then the same
        shall constitute and be total or 100% compensable
        hearing loss.
            (c) In measuring hearing impairment, the lowest
        measured losses in each of the 3 frequencies shall be
        added together and divided by 3 to determine the
        average decibel loss. For every decibel of loss
        exceeding 30 decibels an allowance of 1.82% shall be
        made up to the maximum of 100% which is reached at 85
        decibels.
            (d) If a hearing loss is established to have
        existed on July 1, 1975 by audiometric testing the
        employer shall not be liable for the previous loss so
        established nor shall he be liable for any loss for
        which compensation has been paid or awarded.
            (e) No consideration shall be given to the question
        of whether or not the ability of an employee to
        understand speech is improved by the use of a hearing
        aid.
            (f) No claim for loss of hearing due to industrial
        noise shall be brought against an employer or allowed
        unless the employee has been exposed for a period of
        time sufficient to cause permanent impairment to noise
        levels in excess of the following:
Sound Level DBA
Slow ResponseHours Per Day
908
926
954
973
1002
1021-1/2
1051
1101/2
1151/4
        This subparagraph (f) shall not be applied in cases of
    hearing loss resulting from trauma or explosion.
        17. In computing the compensation to be paid to any
    employee who, before the accident for which he claims
    compensation, had before that time sustained an injury
    resulting in the loss by amputation or partial loss by
    amputation of any member, including hand, arm, thumb or
    fingers, leg, foot or any toes, such loss or partial loss
    of any such member shall be deducted from any award made
    for the subsequent injury. For the permanent loss of use or
    the permanent partial loss of use of any such member or the
    partial loss of sight of an eye, for which compensation has
    been paid, then such loss shall be taken into consideration
    and deducted from any award for the subsequent injury.
        18. The specific case of loss of both hands, both arms,
    or both feet, or both legs, or both eyes, or of any two
    thereof, or the permanent and complete loss of the use
    thereof, constitutes total and permanent disability, to be
    compensated according to the compensation fixed by
    paragraph (f) of this Section. These specific cases of
    total and permanent disability do not exclude other cases.
        Any employee who has previously suffered the loss or
    permanent and complete loss of the use of any of such
    members, and in a subsequent independent accident loses
    another or suffers the permanent and complete loss of the
    use of any one of such members the employer for whom the
    injured employee is working at the time of the last
    independent accident is liable to pay compensation only for
    the loss or permanent and complete loss of the use of the
    member occasioned by the last independent accident.
        19. In a case of specific loss and the subsequent death
    of such injured employee from other causes than such injury
    leaving a widow, widower, or dependents surviving before
    payment or payment in full for such injury, then the amount
    due for such injury is payable to the widow or widower and,
    if there be no widow or widower, then to such dependents,
    in the proportion which such dependency bears to total
    dependency.
    Beginning July 1, 1980, and every 6 months thereafter, the
Commission shall examine the Second Injury Fund and when, after
deducting all advances or loans made to such Fund, the amount
therein is $500,000 then the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Second Injury Fund reaches the
sum of $600,000 then the payments shall cease entirely.
However, when the Second Injury Fund has been reduced to
$400,000, payment of one-half of the amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided, and when the Second Injury Fund has been
reduced to $300,000, payment of the full amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided. The Commission shall make the changes in
payment effective by general order, and the changes in payment
become immediately effective for all cases coming before the
Commission thereafter either by settlement agreement or final
order, irrespective of the date of the accidental injury.
    On August 1, 1996 and on February 1 and August 1 of each
subsequent year, the Commission shall examine the special fund
designated as the "Rate Adjustment Fund" and when, after
deducting all advances or loans made to said fund, the amount
therein is $4,000,000, the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Rate Adjustment Fund reaches the
sum of $5,000,000 the payment therein shall cease entirely.
However, when said Rate Adjustment Fund has been reduced to
$3,000,000 the amounts required by paragraph (f) of Section 7
shall be resumed in the manner herein provided.
    (f) In case of complete disability, which renders the
employee wholly and permanently incapable of work, or in the
specific case of total and permanent disability as provided in
subparagraph 18 of paragraph (e) of this Section, compensation
shall be payable at the rate provided in subparagraph 2 of
paragraph (b) of this Section for life.
    An employee entitled to benefits under paragraph (f) of
this Section shall also be entitled to receive from the Rate
Adjustment Fund provided in paragraph (f) of Section 7 of the
supplementary benefits provided in paragraph (g) of this
Section 8.
    If any employee who receives an award under this paragraph
afterwards returns to work or is able to do so, and earns or is
able to earn as much as before the accident, payments under
such award shall cease. If such employee returns to work, or is
able to do so, and earns or is able to earn part but not as much
as before the accident, such award shall be modified so as to
conform to an award under paragraph (d) of this Section. If
such award is terminated or reduced under the provisions of
this paragraph, such employees have the right at any time
within 30 months after the date of such termination or
reduction to file petition with the Commission for the purpose
of determining whether any disability exists as a result of the
original accidental injury and the extent thereof.
    Disability as enumerated in subdivision 18, paragraph (e)
of this Section is considered complete disability.
    If an employee who had previously incurred loss or the
permanent and complete loss of use of one member, through the
loss or the permanent and complete loss of the use of one hand,
one arm, one foot, one leg, or one eye, incurs permanent and
complete disability through the loss or the permanent and
complete loss of the use of another member, he shall receive,
in addition to the compensation payable by the employer and
after such payments have ceased, an amount from the Second
Injury Fund provided for in paragraph (f) of Section 7, which,
together with the compensation payable from the employer in
whose employ he was when the last accidental injury was
incurred, will equal the amount payable for permanent and
complete disability as provided in this paragraph of this
Section.
    The custodian of the Second Injury Fund provided for in
paragraph (f) of Section 7 shall be joined with the employer as
a party respondent in the application for adjustment of claim.
The application for adjustment of claim shall state briefly and
in general terms the approximate time and place and manner of
the loss of the first member.
    In its award the Commission or the Arbitrator shall
specifically find the amount the injured employee shall be
weekly paid, the number of weeks compensation which shall be
paid by the employer, the date upon which payments begin out of
the Second Injury Fund provided for in paragraph (f) of Section
7 of this Act, the length of time the weekly payments continue,
the date upon which the pension payments commence and the
monthly amount of the payments. The Commission shall 30 days
after the date upon which payments out of the Second Injury
Fund have begun as provided in the award, and every month
thereafter, prepare and submit to the State Comptroller a
voucher for payment for all compensation accrued to that date
at the rate fixed by the Commission. The State Comptroller
shall draw a warrant to the injured employee along with a
receipt to be executed by the injured employee and returned to
the Commission. The endorsed warrant and receipt is a full and
complete acquittance to the Commission for the payment out of
the Second Injury Fund. No other appropriation or warrant is
necessary for payment out of the Second Injury Fund. The Second
Injury Fund is appropriated for the purpose of making payments
according to the terms of the awards.
    As of July 1, 1980 to July 1, 1982, all claims against and
obligations of the Second Injury Fund shall become claims
against and obligations of the Rate Adjustment Fund to the
extent there is insufficient money in the Second Injury Fund to
pay such claims and obligations. In that case, all references
to "Second Injury Fund" in this Section shall also include the
Rate Adjustment Fund.
    (g) Every award for permanent total disability entered by
the Commission on and after July 1, 1965 under which
compensation payments shall become due and payable after the
effective date of this amendatory Act, and every award for
death benefits or permanent total disability entered by the
Commission on and after the effective date of this amendatory
Act shall be subject to annual adjustments as to the amount of
the compensation rate therein provided. Such adjustments shall
first be made on July 15, 1977, and all awards made and entered
prior to July 1, 1975 and on July 15 of each year thereafter.
In all other cases such adjustment shall be made on July 15 of
the second year next following the date of the entry of the
award and shall further be made on July 15 annually thereafter.
If during the intervening period from the date of the entry of
the award, or the last periodic adjustment, there shall have
been an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the weekly
compensation rate shall be proportionately increased by the
same percentage as the percentage of increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made.
Such increase shall be paid in the same manner as herein
provided for payments under the Second Injury Fund to the
injured employee, or his dependents, as the case may be, out of
the Rate Adjustment Fund provided in paragraph (f) of Section 7
of this Act. Payments shall be made at the same intervals as
provided in the award or, at the option of the Commission, may
be made in quarterly payment on the 15th day of January, April,
July and October of each year. In the event of a decrease in
such average weekly wage there shall be no change in the then
existing compensation rate. The within paragraph shall not
apply to cases where there is disputed liability and in which a
compromise lump sum settlement between the employer and the
injured employee, or his dependents, as the case may be, has
been duly approved by the Illinois Workers' Compensation
Commission.
    Provided, that in cases of awards entered by the Commission
for injuries occurring before July 1, 1975, the increases in
the compensation rate adjusted under the foregoing provision of
this paragraph (g) shall be limited to increases in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act occurring after July 1, 1975.
    For every accident occurring after the effective date of
this amendatory Act of the 94th General Assembly, the annual
adjustments to the compensation rate in awards for death
benefits or permanent total disability, as provided in this
Act, shall be paid by the employer. The adjustment shall be
made by the employer on July 15 of the second year next
following the date of the entry of the award and shall further
be made on July 15 annually thereafter. If during the
intervening period from the date of the entry of the award, or
the last periodic adjustment, there shall have been an increase
in the State's average weekly wage in covered industries under
the Unemployment Insurance Act, the employer shall increase the
weekly compensation rate proportionately by the same
percentage as the percentage of increase in the State's average
weekly wage in covered industries under the Unemployment
Insurance Act. The increase in the compensation rate under this
paragraph shall in no event bring the total compensation rate
to an amount greater than the prevailing maximum rate at the
time that the annual adjustment is made. In the event of a
decrease in such average weekly wage there shall be no change
in the then existing compensation rate. Such increase shall be
paid by the employer in the same manner and at the same
intervals as the payment of compensation in the award. This
paragraph shall not apply to cases where there is disputed
liability and in which a compromise lump sum settlement between
the employer and the injured employee, or his or her
dependents, as the case may be, has been duly approved by the
Illinois Workers' Compensation Commission.
    The annual adjustments for every award of death benefits or
permanent total disability involving accidents occurring
before the effective date of this amendatory Act of the 94th
General Assembly shall continue to be paid from the Rate
Adjustment Fund pursuant to this paragraph and Section 7(f) of
this Act.
    (h) In case death occurs from any cause before the total
compensation to which the employee would have been entitled has
been paid, then in case the employee leaves any widow, widower,
child, parent (or any grandchild, grandparent or other lineal
heir or any collateral heir dependent at the time of the
accident upon the earnings of the employee to the extent of 50%
or more of total dependency) such compensation shall be paid to
the beneficiaries of the deceased employee and distributed as
provided in paragraph (g) of Section 7.
    (h-1) In case an injured employee is under legal disability
at the time when any right or privilege accrues to him or her
under this Act, a guardian may be appointed pursuant to law,
and may, on behalf of such person under legal disability, claim
and exercise any such right or privilege with the same effect
as if the employee himself or herself had claimed or exercised
the right or privilege. No limitations of time provided by this
Act run so long as the employee who is under legal disability
is without a conservator or guardian.
    (i) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (b), (c), (d),
(e) and (f) of this Section is increased 50%.
    However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law or work
permit issued pursuant to the Federal Fair Labor Standards Act,
as amended, or a birth certificate properly and duly issued,
such certificate, permit or birth certificate is conclusive
evidence as to the age of the injured minor employee for the
purposes of this Section.
    Nothing herein contained repeals or amends the provisions
of the Child Labor Law relating to the employment of minors
under the age of 16 years.
    (j) 1. In the event the injured employee receives benefits,
including medical, surgical or hospital benefits under any
group plan covering non-occupational disabilities contributed
to wholly or partially by the employer, which benefits should
not have been payable if any rights of recovery existed under
this Act, then such amounts so paid to the employee from any
such group plan as shall be consistent with, and limited to,
the provisions of paragraph 2 hereof, shall be credited to or
against any compensation payment for temporary total
incapacity for work or any medical, surgical or hospital
benefits made or to be made under this Act. In such event, the
period of time for giving notice of accidental injury and
filing application for adjustment of claim does not commence to
run until the termination of such payments. This paragraph does
not apply to payments made under any group plan which would
have been payable irrespective of an accidental injury under
this Act. Any employer receiving such credit shall keep such
employee safe and harmless from any and all claims or
liabilities that may be made against him by reason of having
received such payments only to the extent of such credit.
    Any excess benefits paid to or on behalf of a State
employee by the State Employees' Retirement System under
Article 14 of the Illinois Pension Code on a death claim or
disputed disability claim shall be credited against any
payments made or to be made by the State of Illinois to or on
behalf of such employee under this Act, except for payments for
medical expenses which have already been incurred at the time
of the award. The State of Illinois shall directly reimburse
the State Employees' Retirement System to the extent of such
credit.
    2. Nothing contained in this Act shall be construed to give
the employer or the insurance carrier the right to credit for
any benefits or payments received by the employee other than
compensation payments provided by this Act, and where the
employee receives payments other than compensation payments,
whether as full or partial salary, group insurance benefits,
bonuses, annuities or any other payments, the employer or
insurance carrier shall receive credit for each such payment
only to the extent of the compensation that would have been
payable during the period covered by such payment.
    3. The extension of time for the filing of an Application
for Adjustment of Claim as provided in paragraph 1 above shall
not apply to those cases where the time for such filing had
expired prior to the date on which payments or benefits
enumerated herein have been initiated or resumed. Provided
however that this paragraph 3 shall apply only to cases wherein
the payments or benefits hereinabove enumerated shall be
received after July 1, 1969.
(Source: P.A. 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/8.2 new)
    Sec. 8.2. Fee schedule.
    (a) Except as provided for in subsection (c), on and after
February 1, 2006, the maximum allowable payment for procedures,
treatments, or services covered under this Act shall be 90% of
the 80th percentile of charges and fees as determined by the
Commission utilizing information provided by employers' and
insurers' national databases, with a minimum of 12,000,000
Illinois line item charges and fees comprised of health care
provider and hospital charges and fees as of August 1, 2004 but
not earlier than August 1, 2002. These charges and fees are
provider billed amounts and shall not include discounted
charges. The 80th percentile is the point on an ordered data
set from low to high such that 80% of the cases are below or
equal to that point and at most 20% are above or equal to that
point. The Commission shall adjust these historical charges and
fees as of August 1, 2004 by the Consumer Price Index-U for the
period August 1, 2004 through September 30, 2005. The
Commission shall establish fee schedules for procedures,
treatments, or services for hospital inpatient, hospital
outpatient, emergency room and trauma, ambulatory surgical
treatment centers, and professional services. These charges
and fees shall be designated by geozip or any smaller
geographic unit. The data shall in no way identify or tend to
identify any patient, employer, or health care provider. As
used in this Section, "geozip" means a three-digit zip code
based on data similarities, geographical similarities, and
frequencies. A geozip does not cross state boundaries. As used
in this Section, "three-digit zip code" means a geographic area
in which all zip codes have the same first 3 digits. If a
geozip does not have the necessary number of charges and fees
to calculate a valid percentile for a specific procedure,
treatment, or service, the Commission may combine data from the
geozip with up to 4 other geozips that are demographically and
economically similar and exhibit similarities in data and
frequencies until the Commission reaches 9 charges or fees for
that specific procedure, treatment, or service. In cases where
the compiled data contains less than 9 charges or fees for a
procedure, treatment, or service, reimbursement shall occur at
76% of charges and fees as determined by the Commission in a
manner consistent with the provisions of this paragraph. The
Commission has the authority to set the maximum allowable
payment to providers of out-of-state procedures, treatments,
or services covered under this Act in a manner consistent with
this Section. Not later than September 30 in 2006 and each year
thereafter, the Commission shall automatically increase or
decrease the maximum allowable payment for a procedure,
treatment, or service established and in effect on January 1 of
that year by the percentage change in the Consumer Price
Index-U for the 12 month period ending August 31 of that year.
The increase or decrease shall become effective on January 1 of
the following year. As used in this Section, "Consumer Price
Index-U" means the index published by the Bureau of Labor
Statistics of the U.S. Department of Labor, that measures the
average change in prices of all goods and services purchased by
all urban consumers, U.S. city average, all items, 1982-84=100.
    (b) Notwithstanding the provisions of subsection (a), if
the Commission finds that there is a significant limitation on
access to quality health care in either a specific field of
health care services or a specific geographic limitation on
access to health care, it may change the Consumer Price Index-U
increase or decrease for that specific field or specific
geographic limitation on access to health care to address that
limitation.
    (c) The Commission shall establish by rule a process to
review those medical cases or outliers that involve
extra-ordinary treatment to determine whether to make an
additional adjustment to the maximum payment within a fee
schedule for a procedure, treatment, or service.
    (d) When a patient notifies a provider that the treatment,
procedure, or service being sought is for a work-related
illness or injury and furnishes the provider the name and
address of the responsible employer, the provider shall bill
the employer directly. The employer shall make payment and
providers shall submit bills and records in accordance with the
provisions of this Section. All payments to providers for
treatment provided pursuant to this Act shall be made within 60
days of receipt of the bills as long as the claim contains
substantially all the required data elements necessary to
adjudicate the bills. In the case of nonpayment to a provider
within 60 days of receipt of the bill which contained
substantially all of the required data elements necessary to
adjudicate the bill or nonpayment to a provider of a portion of
such a bill up to the lesser of the actual charge or the
payment level set by the Commission in the fee schedule
established in this Section, the bill, or portion of the bill,
shall incur interest at a rate of 1% per month payable to the
provider.
    (e) Except as provided in subsections (e-5), (e-10), and
(e-15), a provider shall not hold an employee liable for costs
related to a non-disputed procedure, treatment, or service
rendered in connection with a compensable injury. The
provisions of subsections (e-5), (e-10), (e-15), and (e-20)
shall not apply if an employee provides information to the
provider regarding participation in a group health plan. If the
employee participates in a group health plan, the provider may
submit a claim for services to the group health plan. If the
claim for service is covered by the group health plan, the
employee's responsibility shall be limited to applicable
deductibles, co-payments, or co-insurance. Except as provided
under subsections (e-5), (e-10), (e-15), and (e-20), a provider
shall not bill or otherwise attempt to recover from the
employee the difference between the provider's charge and the
amount paid by the employer or the insurer on a compensable
injury.
    (e-5) If an employer notifies a provider that the employer
does not consider the illness or injury to be compensable under
this Act, the provider may seek payment of the provider's
actual charges from the employee for any procedure, treatment,
or service rendered. Once an employee informs the provider that
there is an application filed with the Commission to resolve a
dispute over payment of such charges, the provider shall cease
any and all efforts to collect payment for the services that
are the subject of the dispute. Any statute of limitations or
statute of repose applicable to the provider's efforts to
collect payment from the employee shall be tolled from the date
that the employee files the application with the Commission
until the date that the provider is permitted to resume
collection efforts under the provisions of this Section.
    (e-10) If an employer notifies a provider that the employer
will pay only a portion of a bill for any procedure, treatment,
or service rendered in connection with a compensable illness or
disease, the provider may seek payment from the employee for
the remainder of the amount of the bill up to the lesser of the
actual charge, negotiated rate, if applicable, or the payment
level set by the Commission in the fee schedule established in
this Section. Once an employee informs the provider that there
is an application filed with the Commission to resolve a
dispute over payment of such charges, the provider shall cease
any and all efforts to collect payment for the services that
are the subject of the dispute. Any statute of limitations or
statute of repose applicable to the provider's efforts to
collect payment from the employee shall be tolled from the date
that the employee files the application with the Commission
until the date that the provider is permitted to resume
collection efforts under the provisions of this Section.
    (e-15) When there is a dispute over the compensability of
or amount of payment for a procedure, treatment, or service,
and a case is pending or proceeding before an Arbitrator or the
Commission, the provider may mail the employee reminders that
the employee will be responsible for payment of any procedure,
treatment or service rendered by the provider. The reminders
must state that they are not bills, to the extent practicable
include itemized information, and state that the employee need
not pay until such time as the provider is permitted to resume
collection efforts under this Section. The reminders shall not
be provided to any credit rating agency. The reminders may
request that the employee furnish the provider with information
about the proceeding under this Act, such as the file number,
names of parties, and status of the case. If an employee fails
to respond to such request for information or fails to furnish
the information requested within 90 days of the date of the
reminder, the provider is entitled to resume any and all
efforts to collect payment from the employee for the services
rendered to the employee and the employee shall be responsible
for payment of any outstanding bills for a procedure,
treatment, or service rendered by a provider.
    (e-20) Upon a final award or judgment by an Arbitrator or
the Commission, or a settlement agreed to by the employer and
the employee, a provider may resume any and all efforts to
collect payment from the employee for the services rendered to
the employee and the employee shall be responsible for payment
of any outstanding bills for a procedure, treatment, or service
rendered by a provider as well as the interest awarded under
subsection (d) of this Section. In the case of a procedure,
treatment, or service deemed compensable, the provider shall
not require a payment rate, excluding the interest provisions
under subsection (d), greater than the lesser of the actual
charge or the payment level set by the Commission in the fee
schedule established in this Section. Payment for services
deemed not covered or not compensable under this Act is the
responsibility of the employee unless a provider and employee
have agreed otherwise in writing. Services not covered or not
compensable under this Act are not subject to the fee schedule
in this Section.
    (f) Nothing in this Act shall prohibit an employer or
insurer from contracting with a health care provider or group
of health care providers for reimbursement levels for benefits
under this Act different from those provided in this Section.
    (g) On or before January 1, 2010 the Commission shall
provide to the Governor and General Assembly a report regarding
the implementation of the medical fee schedule and the index
used for annual adjustment to that schedule as described in
this Section.
 
    (820 ILCS 305/8.3 new)
    Sec. 8.3. Workers' Compensation Medical Fee Advisory
Board. There is created a Workers' Compensation Medical Fee
Advisory Board consisting of 9 members appointed by the
Governor with the advice and consent of the Senate. Three
members of the Advisory Board shall be representative citizens
chosen from the employee class, 3 members shall be
representative citizens chosen from the employing class, and 3
members shall be representative citizens chosen from the
medical provider class. Each member shall serve a 4-year term
and shall continue to serve until a successor is appointed. A
vacancy on the Advisory Board shall be filled by the Governor
for the unexpired term.
    Members of the Advisory Board shall receive no compensation
for their services but shall be reimbursed for expenses
incurred in the performance of their duties by the Commission
from appropriations made to the Commission for that purpose.
    The Advisory Board shall advise the Commission on
establishment of fees for medical services and accessibility of
medical treatment.
 
    (820 ILCS 305/8.7 new)
    Sec. 8.7. Utilization review programs.
    (a) As used in this Section:
    "Utilization review" means the evaluation of proposed or
provided health care services to determine the appropriateness
of both the level of health care services medically necessary
and the quality of health care services provided to a patient,
including evaluation of their efficiency, efficacy, and
appropriateness of treatment, hospitalization, or office
visits based on medically accepted standards. The evaluation
must be accomplished by means of a system that identifies the
utilization of health care services based on standards of care
or nationally recognized peer review guidelines as well as
nationally recognized evidence based upon standards as
provided in this Act. Utilization techniques may include
prospective review, second opinions, concurrent review,
discharge planning, peer review, independent medical
examinations, and retrospective review. Nothing in this
Section applies to prospective review of necessary first aid or
emergency treatment.
    (b) No person may conduct a utilization review program for
workers' compensation services in this State unless once every
2 years the person registers the utilization review program
with the Department of Financial and Professional Regulation
and certifies compliance with the Workers' Compensation
Utilization Management standards or Health Utilization
Management Standards of URAC sufficient to achieve URAC
accreditation or submits evidence of accreditation by URAC for
its Workers' Compensation Utilization Management Standards or
Health Utilization Management Standards. Nothing in this Act
shall be construed to require an employer or insurer or its
subcontractors to become URAC accredited.
    (c) In addition, the Secretary of Financial and
Professional Regulation may certify alternative utilization
review standards of national accreditation organizations or
entities in order for plans to comply with this Section. Any
alternative utilization review standards shall meet or exceed
those standards required under subsection (b).
    (d) This registration shall include submission of all of
the following information regarding utilization review program
activities:
        (1) The name, address, and telephone number of the
    utilization review programs.
        (2) The organization and governing structure of the
    utilization review programs.
        (3) The number of lives for which utilization review is
    conducted by each utilization review program.
        (4) Hours of operation of each utilization review
    program.
        (5) Description of the grievance process for each
    utilization review program.
        (6) Number of covered lives for which utilization
    review was conducted for the previous calendar year for
    each utilization review program.
        (7) Written policies and procedures for protecting
    confidential information according to applicable State and
    federal laws for each utilization review program.
    (e) A utilization review program shall have written
procedures to ensure that patient-specific information
obtained during the process of utilization review will be:
        (1) kept confidential in accordance with applicable
    State and federal laws; and
        (2) shared only with the employee, the employee's
    designee, and the employee's health care provider, and
    those who are authorized by law to receive the information.
    Summary data shall not be considered confidential if it
    does not provide information to allow identification of
    individual patients or health care providers.
    Only a health care professional may make determinations
regarding the medical necessity of health care services during
the course of utilization review.
    When making retrospective reviews, utilization review
programs shall base reviews solely on the medical information
available to the attending physician or ordering provider at
the time the health care services were provided.
    (f) If the Department of Financial and Professional
Regulation finds that a utilization review program is not in
compliance with this Section, the Department shall issue a
corrective action plan and allow a reasonable amount of time
for compliance with the plan. If the utilization review program
does not come into compliance, the Department may issue a cease
and desist order. Before issuing a cease and desist order under
this Section, the Department shall provide the utilization
review program with a written notice of the reasons for the
order and allow a reasonable amount of time to supply
additional information demonstrating compliance with the
requirements of this Section and to request a hearing. The
hearing notice shall be sent by certified mail, return receipt
requested, and the hearing shall be conducted in accordance
with the Illinois Administrative Procedure Act.
    (g) A utilization review program subject to a corrective
action may continue to conduct business until a final decision
has been issued by the Department.
    (h) The Secretary of Financial and Professional Regulation
may by rule establish a registration fee for each person
conducting a utilization review program.
    (i) A utilization review will be considered by the
Commission, along with all other evidence and in the same
manner as all other evidence, in the determination of the
reasonableness and necessity of the medical bills or treatment.
Nothing in this Section shall be construed to diminish the
rights of employees to reasonable and necessary medical
treatment or employee choice of health care provider under
Section 8(a) or the rights of employers to medical examinations
under Section 12.
    (j) When an employer denies payment of or refuses to
authorize payment of first aid, medical, surgical, or hospital
services under Section 8(a) of this Act, if that denial or
refusal to authorize complies with a utilization review program
registered under this Section and complies with all other
requirements of this Section, then there shall be a rebuttable
presumption that the employer shall not be responsible for
payment of additional compensation pursuant to Section 19(k) of
this Act and if that denial or refusal to authorize does not
comply with a utilization review program registered under this
Section and does not comply with all other requirements of this
Section, then that will be considered by the Commission, along
with all other evidence and in the same manner as all other
evidence, in the determination of whether the employer may be
responsible for the payment of additional compensation
pursuant to Section 19(k) of this Act.
 
    (820 ILCS 305/12)  (from Ch. 48, par. 138.12)
    Sec. 12. An employee entitled to receive disability
payments shall be required, if requested by the employer, to
submit himself, at the expense of the employer, for examination
to a duly qualified medical practitioner or surgeon selected by
the employer, at any time and place reasonably convenient for
the employee, either within or without the State of Illinois,
for the purpose of determining the nature, extent and probable
duration of the injury received by the employee, and for the
purpose of ascertaining the amount of compensation which may be
due the employee from time to time for disability according to
the provisions of this Act. An employee may also be required to
submit himself for examination by medical experts under
subsection (c) of Section 19.
    An employer requesting such an examination, of an employee
residing within the State of Illinois, shall deliver to the
employee with the notice of the time and place of examination
pay in advance of the time fixed for the examination sufficient
money to defray the necessary expense of travel by the most
convenient means to and from the place of examination, and the
cost of meals necessary during the trip, and if the examination
or travel to and from the place of examination causes any loss
of working time on the part of the employee, the employer shall
reimburse him for such loss of wages upon the basis of his
average daily wage. Such examination shall be made in the
presence of a duly qualified medical practitioner or surgeon
provided and paid for by the employee, if such employee so
desires.
    In all cases where the examination is made by a surgeon
engaged by the employer, and the injured employee has no
surgeon present at such examination, it shall be the duty of
the surgeon making the examination at the instance of the
employer to deliver to the injured employee, or his
representative, a statement in writing of the condition and
extent of the injury to the same extent that said surgeon
reports to the employer and the same shall be an exact copy of
that furnished to the employer, said copy to be furnished the
employee, or his representative as soon as practicable but not
later than 48 hours before the time the case is set for
hearing. Such delivery shall be made in person either to the
employee or his representative, or by registered mail to
either, and the receipt of either shall be proof of such
delivery. If such surgeon refuses to furnish the employee with
such statement to the same extent as that furnished the
employer said surgeon shall not be permitted to testify at the
hearing next following said examination.
    If the employee refuses so to submit himself to examination
or unnecessarily obstructs the same, his right to compensation
payments shall be temporarily suspended until such examination
shall have taken place, and no compensation shall be payable
under this Act for such period.
    It shall be the duty of surgeons treating an injured
employee who is likely to die, and treating him at the instance
of the employer, to have called in another surgeon to be
designated and paid for by either the injured employee or by
the person or persons who would become his beneficiary or
beneficiaries, to make an examination before the death of such
injured employee.
    In all cases where the examination is made by a surgeon
engaged by the injured employee, and the employer has no
surgeon present at such examination, it shall be the duty of
the surgeon making the examination at the instance of the
employee, to deliver to the employer, or his representative, a
statement in writing of the condition and extent of the injury
to the same extent that said surgeon reports to the employee
and the same shall be an exact copy of that furnished to the
employee, said copy to be furnished the employer, or his
representative, as soon as practicable but not later than 48
hours before the time the case is set for hearing. Such
delivery shall be made in person either to the employer, or his
representative, or by registered mail to either, and the
receipt of either shall be proof of such delivery. If such
surgeon refuses to furnish the employer with such statement to
the same extent as that furnished the employee, said surgeon
shall not be permitted to testify at the hearing next following
said examination.
(Source: P.A. 81-1482.)
 
    (820 ILCS 305/13)  (from Ch. 48, par. 138.13)
    Sec. 13. There is created an Illinois Workers' Compensation
Commission consisting of 10 7 members to be appointed by the
Governor, by and with the consent of the Senate, 3 2 of whom
shall be representative citizens of the employing class
operating under this Act and 3 2 of whom shall be
representative citizens of the class of employees covered under
this Act, and 4 3 of whom shall be representative citizens not
identified with either the employing or employee classes. Not
more than 6 4 members of the Commission shall be of the same
political party.
    One of the 3 members not identified with either the
employing or employee classes shall be designated by the
Governor as Chairman. The Chairman shall be the chief
administrative and executive officer of the Commission; and he
or she shall have general supervisory authority over all
personnel of the Commission, including arbitrators and
Commissioners, and the final authority in all administrative
matters relating to the Commissioners, including but not
limited to the assignment and distribution of cases and
assignment of Commissioners to the panels, except in the
promulgation of procedural rules and orders under Section 16
and in the determination of cases under this Act.
    Notwithstanding the general supervisory authority of the
Chairman, each Commissioner, except those assigned to the
temporary panel, shall have the authority to hire and supervise
2 staff attorneys each. Such staff attorneys shall report
directly to the individual Commissioner.
    A formal training program for newly-appointed
Commissioners shall be implemented. The training program shall
include the following:
        (a) substantive and procedural aspects of the office of
    Commissioner;
        (b) current issues in workers' compensation law and
    practice;
        (c) medical lectures by specialists in areas such as
    orthopedics, ophthalmology, psychiatry, rehabilitation
    counseling;
        (d) orientation to each operational unit of the
    Illinois Workers' Compensation Commission;
        (e) observation of experienced arbitrators and
    Commissioners conducting hearings of cases, combined with
    the opportunity to discuss evidence presented and rulings
    made;
        (f) the use of hypothetical cases requiring the
    newly-appointed Commissioner to issue judgments as a means
    to evaluating knowledge and writing ability;
        (g) writing skills.
    A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep Commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence.
    The Commissioner candidates, other than the Chairman, must
meet one of the following qualifications: (a) licensed to
practice law in the State of Illinois; or (b) served as an
arbitrator at the Illinois Workers' Compensation Commission
for at least 3 years; or (c) has at least 4 years of
professional labor relations experience. The Chairman
candidate must have public or private sector management and
budget experience, as determined by the Governor.
    Each Commissioner shall devote full time to his duties and
any Commissioner who is an attorney-at-law shall not engage in
the practice of law, nor shall any Commissioner hold any other
office or position of profit under the United States or this
State or any municipal corporation or political subdivision of
this State, nor engage in any other business, employment, or
vocation.
    The term of office of each member of the Commission holding
office on the effective date of this amendatory Act of 1989 is
abolished, but the incumbents shall continue to exercise all of
the powers and be subject to all of the duties of Commissioners
until their respective successors are appointed and qualified.
    The Illinois Workers' Compensation Commission shall
administer this Act.
    In the promulgation of procedural rules, the determination
of cases heard en banc, and other matters determined by the
full Commission, the Chairman's vote shall break a tie in the
event of a tie vote.
    The members shall be appointed by the Governor, with the
advice and consent of the Senate, as follows:
        (a) After the effective date of this amendatory Act of
    1989, 3 members, at least one of each political party, and
    one of whom shall be a representative citizen of the
    employing class operating under this Act, one of whom shall
    be a representative citizen of the class of employees
    covered under this Act, and one of whom shall be a
    representative citizen not identified with either the
    employing or employee classes, shall be appointed to hold
    office until the third Monday in January of 1993, and until
    their successors are appointed and qualified, and 4
    members, one of whom shall be a representative citizen of
    the employing class operating under this Act, one of whom
    shall be a representative citizen of the class of employees
    covered in this Act, and two of whom shall be
    representative citizens not identified with either the
    employing or employee classes, one of whom shall be
    designated by the Governor as Chairman (at least one of
    each of the two major political parties) shall be appointed
    to hold office until the third Monday of January in 1991,
    and until their successors are appointed and qualified.
        (a-5) Notwithstanding any other provision of this
    Section, the term of each member of the Commission who was
    appointed by the Governor and is in office on June 30, 2003
    shall terminate at the close of business on that date or
    when all of the successor members to be appointed pursuant
    to this amendatory Act of the 93rd General Assembly have
    been appointed by the Governor, whichever occurs later. As
    soon as possible, the Governor shall appoint persons to
    fill the vacancies created by this amendatory Act. Of the
    initial commissioners appointed pursuant to this
    amendatory Act of the 93rd General Assembly, 3 shall be
    appointed for terms ending on the third Monday in January,
    2005, and 4 shall be appointed for terms ending on the
    third Monday in January, 2007.
        (a-10) After the effective date of this amendatory Act
    of the 94th General Assembly, the Commission shall be
    increased to 10 members. As soon as possible after the
    effective date of this amendatory Act of the 94th General
    Assembly, the Governor shall appoint, by and with the
    consent of the Senate, the 3 members added to the
    Commission under this amendatory Act of the 94th General
    Assembly, one of whom shall be a representative citizen of
    the employing class operating under this Act, one of whom
    shall be a representative of the class of employees covered
    under this Act, and one of whom shall be a representative
    citizen not identified with either the employing or
    employee classes. Of the members appointed under this
    amendatory Act of the 94th General Assembly, one shall be
    appointed for a term ending on the third Monday in January,
    2007, and 2 shall be appointed for terms ending on the
    third Monday in January, 2009, and until their successors
    are appointed and qualified.
        (b) Members shall thereafter be appointed to hold
    office for terms of 4 years from the third Monday in
    January of the year of their appointment, and until their
    successors are appointed and qualified. All such
    appointments shall be made so that the composition of the
    Commission is in accordance with the provisions of the
    first paragraph of this Section.
    The Chairman shall receive an annual salary of $42,500, or
a salary set by the Compensation Review Board, whichever is
greater, and each other member shall receive an annual salary
of $38,000, or a salary set by the Compensation Review Board,
whichever is greater.
    In case of a vacancy in the office of a Commissioner during
the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall
nominate some person to fill such office. Any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his successor is
appointed and qualified.
    The Illinois Workers' Compensation Commission created by
this amendatory Act of 1989 shall succeed to all the rights,
powers, duties, obligations, records and other property and
employees of the Industrial Commission which it replaces as
modified by this amendatory Act of 1989 and all applications
and reports to actions and proceedings of such prior Industrial
Commission shall be considered as applications and reports to
actions and proceedings of the Illinois Workers' Compensation
Commission created by this amendatory Act of 1989.
    Notwithstanding any other provision of this Act, in the
event the Chairman shall make a finding that a member is or
will be unavailable to fulfill the responsibilities of his or
her office, the Chairman shall advise the Governor and the
member in writing and shall designate a certified arbitrator to
serve as acting Commissioner. The certified arbitrator shall
act as a Commissioner until the member resumes the duties of
his or her office or until a new member is appointed by the
Governor, by and with the consent of the Senate, if a vacancy
occurs in the office of the Commissioner, but in no event shall
a certified arbitrator serve in the capacity of Commissioner
for more than 6 months from the date of appointment by the
Chairman. A finding by the Chairman that a member is or will be
unavailable to fulfill the responsibilities of his or her
office shall be based upon notice to the Chairman by a member
that he or she will be unavailable or facts and circumstances
made known to the Chairman which lead him to reasonably find
that a member is unavailable to fulfill the responsibilities of
his or her office. The designation of a certified arbitrator to
act as a Commissioner shall be considered representative of
citizens not identified with either the employing or employee
classes and the arbitrator shall serve regardless of his or her
political affiliation. A certified arbitrator who serves as an
acting Commissioner shall have all the rights and powers of a
Commissioner, including salary.
    Notwithstanding any other provision of this Act, the
Governor shall appoint a special panel of Commissioners
comprised of 3 members who shall be chosen by the Governor, by
and with the consent of the Senate, from among the current
ranks of certified arbitrators. Three members shall hold office
until the Commission in consultation with the Governor
determines that the caseload on review has been reduced
sufficiently to allow cases to proceed in a timely manner or
for a term of 18 months from the effective date of their
appointment by the Governor, whichever shall be earlier. The 3
members shall be considered representative of citizens not
identified with either the employing or employee classes and
shall serve regardless of political affiliation. Each of the 3
members shall have only such rights and powers of a
Commissioner necessary to dispose of those cases assigned to
the special panel. Each of the 3 members appointed to the
special panel shall receive the same salary as other
Commissioners for the duration of the panel.
    The Commission may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Commission.
    On the effective date of this amendatory Act of the 93rd
General Assembly, the name of the Industrial Commission is
changed to the Illinois Workers' Compensation Commission.
References in any law, appropriation, rule, form, or other
document: (i) to the Industrial Commission are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission for all purposes; (ii) to the
Industrial Commission Operations Fund are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission Operations Fund for all purposes;
(iii) to the Industrial Commission Operations Fund Fee are
deemed, in appropriate contexts, to be references to the
Illinois Workers' Compensation Commission Operations Fund Fee
for all purposes; and (iv) to the Industrial Commission
Operations Fund Surcharge are deemed, in appropriate contexts,
to be references to the Illinois Workers' Compensation
Commission Operations Fund Surcharge for all purposes.
(Source: P.A. 93-509, eff. 8-11-03; 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/13.1)  (from Ch. 48, par. 138.13-1)
    Sec. 13.1. (a) There is created a Workers' Compensation
Advisory Board hereinafter referred to as the Advisory Board.
After the effective date of this amendatory Act of the 94th
General Assembly, the Advisory Board shall consist , consisting
of 12 9 members appointed by the Governor with the advice and
consent of the Senate. Six Three members of the Advisory Board
shall be representative citizens chosen from the employee
class, and 6 3 members shall be representative citizens chosen
from the employing class and 3 members shall be representative
citizens not identified with either the employing or employee
class. The Chairman of the Commission shall serve as the ex
officio Chairman of the Advisory Board. After the effective
date of this amendatory Act of the 94th General Assembly, each
member of the Advisory Board shall serve a 4 year term ending
on the third Monday in January 2007 and shall continue to serve
until his or her successor is appointed and qualified. Members
of the Advisory Board shall thereafter be appointed for 4 year
terms from the third Monday in January of the year of their
appointment, and until their successors are appointed and
qualified. The Governor shall select one of the members not
identified with either the employing or employee class to serve
as Chairman. Seven Five members of the Advisory Board shall
constitute a quorum to do business, but in no case shall there
be less than one representative from each class, employee,
employing and representative citizen not identified with
either the employing or employee class. A vacancy on the
Advisory Board shall be filled by the Governor for the
unexpired term.
    (b) Members of the Advisory Board shall receive no
compensation for their services but shall be reimbursed for
expenses incurred in the performance of their duties by the
Commission from appropriations made to the Commission for such
purpose.
    (c) The Advisory Board shall aid the Commission in
formulating policies, discussing problems, setting priorities
of expenditures and establishing short and long range
administrative goals. Prior to making appointments to the
Commission, the Governor shall request that the Advisory Board
make recommendations as to candidates to consider for
appointment and the Advisory Board may then make such
recommendations.
(Source: P.A. 86-998.)
 
    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
    Sec. 14. The Commission shall appoint a secretary, an
assistant secretary, and arbitrators and shall employ such
assistants and clerical help as may be necessary.
    Each arbitrator appointed after November 22, 1977 shall be
required to demonstrate in writing and in accordance with the
rules and regulations of the Illinois Department of Central
Management Services his or her knowledge of and expertise in
the law of and judicial processes of the Workers' Compensation
Act and the Occupational Diseases Act.
    A formal training program for newly-hired arbitrators
shall be implemented. The training program shall include the
following:
        (a) substantive and procedural aspects of the
    arbitrator position;
        (b) current issues in workers' compensation law and
    practice;
        (c) medical lectures by specialists in areas such as
    orthopedics, ophthalmology, psychiatry, rehabilitation
    counseling;
        (d) orientation to each operational unit of the
    Illinois Workers' Compensation Commission;
        (e) observation of experienced arbitrators conducting
    hearings of cases, combined with the opportunity to discuss
    evidence presented and rulings made;
        (f) the use of hypothetical cases requiring the trainee
    to issue judgments as a means to evaluating knowledge and
    writing ability;
        (g) writing skills.
    A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep arbitrators informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence.
    Each arbitrator shall devote full time to his or her duties
and shall serve when assigned as an acting Commissioner when a
Commissioner is unavailable in accordance with the provisions
of Section 13 of this Act. Any arbitrator who is an
attorney-at-law shall not engage in the practice of law, nor
shall any arbitrator hold any other office or position of
profit under the United States or this State or any municipal
corporation or political subdivision of this State.
Notwithstanding any other provision of this Act to the
contrary, an arbitrator who serves as an acting Commissioner in
accordance with the provisions of Section 13 of this Act shall
continue to serve in the capacity of Commissioner until a
decision is reached in every case heard by that arbitrator
while serving as an acting Commissioner.
    Each arbitrator appointed after the effective date of this
amendatory Act of 1989 shall be appointed for a term of 6
years. Each arbitrator shall be appointed for a subsequent term
unless the Chairman makes a recommendation to the Commission,
no later than 60 days prior to the expiration of the term, not
to reappoint the arbitrator. Notice of such a recommendation
shall also be given to the arbitrator no later than 60 days
prior to the expiration of the term. Upon such recommendation
by the Chairman, the arbitrator shall be appointed for a
subsequent term unless 8 5 of 10 7 members of the Commission,
including the Chairman, vote not to reappoint the arbitrator.
    All arbitrators shall be subject to the provisions of the
Personnel Code, and the performance of all arbitrators shall be
reviewed by the Chairman on an annual basis. The Chairman shall
allow input from the Commissioners in all such reviews.
    The Secretary and each arbitrator shall receive a per annum
salary of $4,000 less than the per annum salary of members of
The Illinois Workers' Compensation Commission as provided in
Section 13 of this Act, payable in equal monthly installments.
    The members of the Commission, Arbitrators and other
employees whose duties require them to travel, shall have
reimbursed to them their actual traveling expenses and
disbursements made or incurred by them in the discharge of
their official duties while away from their place of residence
in the performance of their duties.
    The Commission shall provide itself with a seal for the
authentication of its orders, awards and proceedings upon which
shall be inscribed the name of the Commission and the words
"Illinois--Seal".
    The Secretary or Assistant Secretary, under the direction
of the Commission, shall have charge and custody of the seal of
the Commission and also have charge and custody of all records,
files, orders, proceedings, decisions, awards and other
documents on file with the Commission. He shall furnish
certified copies, under the seal of the Commission, of any such
records, files, orders, proceedings, decisions, awards and
other documents on file with the Commission as may be required.
Certified copies so furnished by the Secretary or Assistant
Secretary shall be received in evidence before the Commission
or any Arbitrator thereof, and in all courts, provided that the
original of such certified copy is otherwise competent and
admissible in evidence. The Secretary or Assistant Secretary
shall perform such other duties as may be prescribed from time
to time by the Commission.
(Source: P.A. 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/16)  (from Ch. 48, par. 138.16)
    Sec. 16. The Commission shall make and publish procedural
rules and orders for carrying out the duties imposed upon it by
law and for determining the extent of disability sustained,
which rules and orders shall be deemed prima facie reasonable
and valid.
    The process and procedure before the Commission shall be as
simple and summary as reasonably may be.
    The Commission upon application of either party may issue
dedimus potestatem directed to a commissioner, notary public,
justice of the peace or any other officer authorized by law to
administer oaths, to take the depositions of such witness or
witnesses as may be necessary in the judgment of such
applicant. Such dedimus potestatem may issue to any of the
officers aforesaid in any state or territory of the United
States. When the deposition of any witness resident of a
foreign country is desired to be taken, the dedimus shall be
directed to and the deposition taken before a consul, vice
consul or other authorized representative of the government of
the United States of America, whose station is in the country
where the witness whose deposition is to be taken resides. In
countries where the government of the United States has no
consul or other diplomatic representative, then depositions in
such case shall be taken through the appropriate judicial
authority of that country; or where treaties provide for other
methods of taking depositions, then the same may be taken as in
such treaties provided. The Commission shall have the power to
adopt necessary rules to govern the issue of such dedimus
potestatem.
    The Commission, or any member thereof, or any Arbitrator
designated by the Commission shall have the power to administer
oaths, subpoena and examine witnesses; to issue subpoenas duces
tecum, requiring the production of such books, papers, records
and documents as may be evidence of any matter under inquiry
and to examine and inspect the same and such places or premises
as may relate to the question in dispute. The Commission, or
any member thereof, or any Arbitrator designated by the
Commission, shall on written request of either party to the
dispute, issue subpoenas for the attendance of such witnesses
and production of such books, papers, records and documents as
shall be designated in the applications, and the parties
applying for such subpoena shall advance the officer and
witness fees provided for in civil actions pending in circuit
courts of this State, except as otherwise provided by Section
20 of this Act. Service of such subpoena shall be made by any
sheriff or other person. In case any person refuses to comply
with an order of the Commission or subpoenas issued by it or by
any member thereof, or any Arbitrator designated by the
Commission or to permit an inspection of places or premises, or
to produce any books, papers, records or documents, or any
witness refuses to testify to any matters regarding which he or
she may be lawfully interrogated, the Circuit Court of the
county in which the hearing or matter is pending, on
application of any member of the Commission or any Arbitrator
designated by the Commission, shall compel obedience by
attachment proceedings, as for contempt, as in a case of
disobedience of the requirements of a subpoena from such court
on a refusal to testify therein.
    The records, reports, and bills kept by a treating
hospital, treating physician, or other treating healthcare
provider that renders treatment to the employee as a result of
accidental injuries in question, certified to as true and
correct by the hospital, physician, or other healthcare
provider or by designated agents of the hospital, physician, or
other healthcare provider, superintendent or other officer in
charge, showing the medical and surgical treatment given an
injured employee by in such hospital, physician, or other
healthcare provider, shall be admissible without any further
proof as evidence of the medical and surgical matters stated
therein, but shall not be conclusive proof of such matters.
There shall be a rebuttable presumption that any such records,
reports, and bills received in response to Commission subpoena
are certified to be true and correct. This paragraph does not
restrict, limit, or prevent the admissibility of records,
reports, or bills that are otherwise admissible. This provision
does not apply to reports prepared by treating providers for
use in litigation.
    The Commission at its expense shall provide an official
court reporter to take the testimony and record of proceedings
at the hearings before an Arbitrator or the Commission, who
shall furnish a transcript of such testimony or proceedings to
either party requesting it, upon payment therefor at the rate
of $1.00 per page for the original and 35 cents per page for
each copy of such transcript. Payment for photostatic copies of
exhibits shall be extra. If the Commission has determined, as
provided in Section 20 of this Act, that the employee is a poor
person, a transcript of such testimony and proceedings,
including photostatic copies of exhibits, shall be furnished to
such employee at the Commission's expense.
    The Commission shall have the power to determine the
reasonableness and fix the amount of any fee of compensation
charged by any person, including attorneys, physicians,
surgeons and hospitals, for any service performed in connection
with this Act, or for which payment is to be made under this
Act or rendered in securing any right under this Act.
    Whenever the Commission shall find that the employer, his
or her agent, service company or insurance carrier has been
guilty of delay or unfairness towards an employee in the
adjustment, settlement or payment of benefits due such employee
within the purview of the provisions of paragraph (c) of
Section 4 of this Act; or has been guilty of unreasonable or
vexatious delay, intentional under-payment of compensation
benefits, or has engaged in frivolous defenses which do not
present a real controversy, within the purview of the
provisions of paragraph (k) of Section 19 of this Act, the
Commission may assess all or any part of the attorney's fees
and costs against such employer and his or her insurance
carrier.
(Source: P.A. 86-998.)
 
    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
    Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
    (a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an
agreement, to designate an Arbitrator.
        1. Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under this Act
    and it is subsequently discovered, at any time before final
    disposition of such cause, that the claim for disability or
    death which was the basis for such application should
    properly have been made under the Workers' Occupational
    Diseases Act, then the provisions of Section 19, paragraph
    (a-1) of the Workers' Occupational Diseases Act having
    reference to such application shall apply.
        2. Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under the
    Workers' Occupational Diseases Act and it is subsequently
    discovered, at any time before final disposition of such
    cause that the claim for injury or death which was the
    basis for such application should properly have been made
    under this Act, then the application so filed under the
    Workers' Occupational Diseases Act may be amended in form,
    substance or both to assert claim for such disability or
    death under this Act and it shall be deemed to have been so
    filed as amended on the date of the original filing
    thereof, and such compensation may be awarded as is
    warranted by the whole evidence pursuant to this Act. When
    such amendment is submitted, further or additional
    evidence may be heard by the Arbitrator or Commission when
    deemed necessary. Nothing in this Section contained shall
    be construed to be or permit a waiver of any provisions of
    this Act with reference to notice but notice if given shall
    be deemed to be a notice under the provisions of this Act
    if given within the time required herein.
    (b) The Arbitrator shall make such inquiries and
investigations as he or they shall deem necessary and may
examine and inspect all books, papers, records, places, or
premises relating to the questions in dispute and hear such
proper evidence as the parties may submit.
    The hearings before the Arbitrator shall be held in the
vicinity where the injury occurred after 10 days' notice of the
time and place of such hearing shall have been given to each of
the parties or their attorneys of record.
    The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of said disability.
    The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly
Beginning January 1, 1981, all decisions of the Arbitrator
shall set forth in writing findings of fact and conclusions of
law, separately stated, if requested by either party. Unless a
petition for review is filed by either party within 30 days
after the receipt by such party of the copy of the decision and
notification of time when filed, and unless such party
petitioning for a review shall within 35 days after the receipt
by him of the copy of the decision, file with the Commission
either an agreed statement of the facts appearing upon the
hearing before the Arbitrator, or if such party shall so elect
a correct transcript of evidence of the proceedings at such
hearings, then the decision shall become the decision of the
Commission and in the absence of fraud shall be conclusive. The
Petition for Review shall contain a statement of the
petitioning party's specific exceptions to the decision of the
arbitrator. The jurisdiction of the Commission to review the
decision of the arbitrator shall not be limited to the
exceptions stated in the Petition for Review. The Commission,
or any member thereof, may grant further time not exceeding 30
days, in which to file such agreed statement or transcript of
evidence. Such agreed statement of facts or correct transcript
of evidence, as the case may be, shall be authenticated by the
signatures of the parties or their attorneys, and in the event
they do not agree as to the correctness of the transcript of
evidence it shall be authenticated by the signature of the
Arbitrator designated by the Commission.
    Whether the employee is working or not, if the employee is
not receiving or has not received medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8, or compensation as provided in
paragraph (b) of Section 8, the employee may at any time
petition for an expedited hearing by an Arbitrator on the issue
of whether or not he or she is entitled to receive payment of
the services or compensation. Provided the employer continues
to pay compensation pursuant to paragraph (b) of Section 8, the
employer may at any time petition for an expedited hearing on
the issue of whether or not the employee is entitled to receive
medical, surgical, or hospital services or other services or
compensation as provided in paragraph (a) of Section 8, or
compensation as provided in paragraph (b) of Section 8. When an
employer has petitioned for an expedited hearing, the employer
shall continue to pay compensation as provided in paragraph (b)
of Section 8 unless the arbitrator renders a decision that the
employee is not entitled to the benefits that are the subject
of the expedited hearing or unless the employee's treating
physician has released the employee to return to work at his or
her regular job with the employer or the employee actually
returns to work at any other job. If the arbitrator renders a
decision that the employee is not entitled to the benefits that
are the subject of the expedited hearing, a petition for review
filed by the employee shall receive the same priority as if the
employee had filed a petition for an expedited hearing by an
Arbitrator. Neither party shall be entitled to an expedited
hearing when the employee has returned to work and the sole
issue in dispute amounts to less than 12 weeks of unpaid
compensation pursuant to paragraph (b) of Section 8.
    Expedited hearings shall have priority over all other
petitions and shall be heard by the Arbitrator and Commission
with all convenient speed. Any party requesting an expedited
hearing shall give notice of a request for an expedited hearing
under this paragraph. A copy of the Application for Adjustment
of Claim shall be attached to the notice. The Commission shall
adopt rules and procedures under which the final decision of
the Commission under this paragraph is filed not later than 180
days from the date that the Petition for Review is filed with
the Commission.
    Where 2 or more insurance carriers, private self-insureds,
or a group workers' compensation pool under Article V 3/4 of
the Illinois Insurance Code dispute coverage for the same
injury, any such insurance carrier, private self-insured, or
group workers' compensation pool may request an expedited
hearing pursuant to this paragraph to determine the issue of
coverage, provided coverage is the only issue in dispute and
all other issues are stipulated and agreed to and further
provided that all compensation benefits including medical
benefits pursuant to Section 8(a) continue to be paid to or on
behalf of petitioner. Any insurance carrier, private
self-insured, or group workers' compensation pool that is
determined to be liable for coverage for the injury in issue
shall reimburse any insurance carrier, private self-insured,
or group workers' compensation pool that has paid benefits to
or on behalf of petitioner for the injury.
    (b-1) If the employee is not receiving medical, surgical or
hospital services as provided in paragraph (a) of Section 8 or
compensation as provided in paragraph (b) of Section 8, the
employee, in accordance with Commission Rules, may file a
petition for an emergency hearing by an Arbitrator on the issue
of whether or not he is entitled to receive payment of such
compensation or services as provided therein. Such petition
shall have priority over all other petitions and shall be heard
by the Arbitrator and Commission with all convenient speed.
    Such petition shall contain the following information and
shall be served on the employer at least 15 days before it is
filed:
        (i) the date and approximate time of accident;
        (ii) the approximate location of the accident;
        (iii) a description of the accident;
        (iv) the nature of the injury incurred by the employee;
        (v) the identity of the person, if known, to whom the
    accident was reported and the date on which it was
    reported;
        (vi) the name and title of the person, if known,
    representing the employer with whom the employee conferred
    in any effort to obtain compensation pursuant to paragraph
    (b) of Section 8 of this Act or medical, surgical or
    hospital services pursuant to paragraph (a) of Section 8 of
    this Act and the date of such conference;
        (vii) a statement that the employer has refused to pay
    compensation pursuant to paragraph (b) of Section 8 of this
    Act or for medical, surgical or hospital services pursuant
    to paragraph (a) of Section 8 of this Act;
        (viii) the name and address, if known, of each witness
    to the accident and of each other person upon whom the
    employee will rely to support his allegations;
        (ix) the dates of treatment related to the accident by
    medical practitioners, and the names and addresses of such
    practitioners, including the dates of treatment related to
    the accident at any hospitals and the names and addresses
    of such hospitals, and a signed authorization permitting
    the employer to examine all medical records of all
    practitioners and hospitals named pursuant to this
    paragraph;
        (x) a copy of a signed report by a medical
    practitioner, relating to the employee's current inability
    to return to work because of the injuries incurred as a
    result of the accident or such other documents or
    affidavits which show that the employee is entitled to
    receive compensation pursuant to paragraph (b) of Section 8
    of this Act or medical, surgical or hospital services
    pursuant to paragraph (a) of Section 8 of this Act. Such
    reports, documents or affidavits shall state, if possible,
    the history of the accident given by the employee, and
    describe the injury and medical diagnosis, the medical
    services for such injury which the employee has received
    and is receiving, the physical activities which the
    employee cannot currently perform as a result of any
    impairment or disability due to such injury, and the
    prognosis for recovery;
        (xi) complete copies of any reports, records,
    documents and affidavits in the possession of the employee
    on which the employee will rely to support his allegations,
    provided that the employer shall pay the reasonable cost of
    reproduction thereof;
        (xii) a list of any reports, records, documents and
    affidavits which the employee has demanded by subpoena and
    on which he intends to rely to support his allegations;
        (xiii) a certification signed by the employee or his
    representative that the employer has received the petition
    with the required information 15 days before filing.
    Fifteen days after receipt by the employer of the petition
with the required information the employee may file said
petition and required information and shall serve notice of the
filing upon the employer. The employer may file a motion
addressed to the sufficiency of the petition. If an objection
has been filed to the sufficiency of the petition, the
arbitrator shall rule on the objection within 2 working days.
If such an objection is filed, the time for filing the final
decision of the Commission as provided in this paragraph shall
be tolled until the arbitrator has determined that the petition
is sufficient.
    The employer shall, within 15 days after receipt of the
notice that such petition is filed, file with the Commission
and serve on the employee or his representative a written
response to each claim set forth in the petition, including the
legal and factual basis for each disputed allegation and the
following information: (i) complete copies of any reports,
records, documents and affidavits in the possession of the
employer on which the employer intends to rely in support of
his response, (ii) a list of any reports, records, documents
and affidavits which the employer has demanded by subpoena and
on which the employer intends to rely in support of his
response, (iii) the name and address of each witness on whom
the employer will rely to support his response, and (iv) the
names and addresses of any medical practitioners selected by
the employer pursuant to Section 12 of this Act and the time
and place of any examination scheduled to be made pursuant to
such Section.
    Any employer who does not timely file and serve a written
response without good cause may not introduce any evidence to
dispute any claim of the employee but may cross examine the
employee or any witness brought by the employee and otherwise
be heard.
    No document or other evidence not previously identified by
either party with the petition or written response, or by any
other means before the hearing, may be introduced into evidence
without good cause. If, at the hearing, material information is
discovered which was not previously disclosed, the Arbitrator
may extend the time for closing proof on the motion of a party
for a reasonable period of time which may be more than 30 days.
No evidence may be introduced pursuant to this paragraph as to
permanent disability. No award may be entered for permanent
disability pursuant to this paragraph. Either party may
introduce into evidence the testimony taken by deposition of
any medical practitioner.
    The Commission shall adopt rules, regulations and
procedures whereby the final decision of the Commission is
filed not later than 90 days from the date the petition for
review is filed but in no event later than 180 days from the
date the petition for an emergency hearing is filed with the
Illinois Workers' Compensation Commission.
    All service required pursuant to this paragraph (b-1) must
be by personal service or by certified mail and with evidence
of receipt. In addition for the purposes of this paragraph, all
service on the employer must be at the premises where the
accident occurred if the premises are owned or operated by the
employer. Otherwise service must be at the employee's principal
place of employment by the employer. If service on the employer
is not possible at either of the above, then service shall be
at the employer's principal place of business. After initial
service in each case, service shall be made on the employer's
attorney or designated representative.
    (c) (1) At a reasonable time in advance of and in
connection with the hearing under Section 19(e) or 19(h), the
Commission may on its own motion order an impartial physical or
mental examination of a petitioner whose mental or physical
condition is in issue, when in the Commission's discretion it
appears that such an examination will materially aid in the
just determination of the case. The examination shall be made
by a member or members of a panel of physicians chosen for
their special qualifications by the Illinois State Medical
Society. The Commission shall establish procedures by which a
physician shall be selected from such list.
    (2) Should the Commission at any time during the hearing
find that compelling considerations make it advisable to have
an examination and report at that time, the commission may in
its discretion so order.
    (3) A copy of the report of examination shall be given to
the Commission and to the attorneys for the parties.
    (4) Either party or the Commission may call the examining
physician or physicians to testify. Any physician so called
shall be subject to cross-examination.
    (5) The examination shall be made, and the physician or
physicians, if called, shall testify, without cost to the
parties. The Commission shall determine the compensation and
the pay of the physician or physicians. The compensation for
this service shall not exceed the usual and customary amount
for such service.
    (6) The fees and payment thereof of all attorneys and
physicians for services authorized by the Commission under this
Act shall, upon request of either the employer or the employee
or the beneficiary affected, be subject to the review and
decision of the Commission.
    (d) If any employee shall persist in insanitary or
injurious practices which tend to either imperil or retard his
recovery or shall refuse to submit to such medical, surgical,
or hospital treatment as is reasonably essential to promote his
recovery, the Commission may, in its discretion, reduce or
suspend the compensation of any such injured employee. However,
when an employer and employee so agree in writing, the
foregoing provision shall not be construed to authorize the
reduction or suspension of compensation of an employee who is
relying in good faith, on treatment by prayer or spiritual
means alone, in accordance with the tenets and practice of a
recognized church or religious denomination, by a duly
accredited practitioner thereof.
    (e) This paragraph shall apply to all hearings before the
Commission. Such hearings may be held in its office or
elsewhere as the Commission may deem advisable. The taking of
testimony on such hearings may be had before any member of the
Commission. If a petition for review and agreed statement of
facts or transcript of evidence is filed, as provided herein,
the Commission shall promptly review the decision of the
Arbitrator and all questions of law or fact which appear from
the statement of facts or transcript of evidence.
    In all cases in which the hearing before the arbitrator is
held after December 18, 1989, no additional evidence shall be
introduced by the parties before the Commission on review of
the decision of the Arbitrator. In reviewing decisions of an
arbitrator the Commission shall award such temporary
compensation, permanent compensation and other payments as are
due under this Act. The Commission shall file in its office its
decision thereon, and shall immediately send to each party or
his attorney a copy of such decision and a notification of the
time when it was filed. Decisions shall be filed within 60 days
after the Statement of Exceptions and Supporting Brief and
Response thereto are required to be filed or oral argument
whichever is later.
    In the event either party requests oral argument, such
argument shall be had before a panel of 3 members of the
Commission (or before all available members pursuant to the
determination of 7 5 members of the Commission that such
argument be held before all available members of the
Commission) pursuant to the rules and regulations of the
Commission. A panel of 3 members, which shall be comprised of
not more than one representative citizen of the employing class
and not more than one representative citizen of the employee
class, shall hear the argument; provided that if all the issues
in dispute are solely the nature and extent of the permanent
partial disability, if any, a majority of the panel may deny
the request for such argument and such argument shall not be
held; and provided further that 7 5 members of the Commission
may determine that the argument be held before all available
members of the Commission. A decision of the Commission shall
be approved by a majority of Commissioners present at such
hearing if any; provided, if no such hearing is held, a
decision of the Commission shall be approved by a majority of a
panel of 3 members of the Commission as described in this
Section. The Commission shall give 10 days' notice to the
parties or their attorneys of the time and place of such taking
of testimony and of such argument.
    In any case the Commission in its decision may find
specially upon any question or questions of law or fact which
shall be submitted in writing by either party whether ultimate
or otherwise; provided that on issues other than nature and
extent of the disability, if any, the Commission in its
decision shall find specially upon any question or questions of
law or fact, whether ultimate or otherwise, which are submitted
in writing by either party; provided further that not more than
5 such questions may be submitted by either party. Any party
may, within 20 days after receipt of notice of the Commission's
decision, or within such further time, not exceeding 30 days,
as the Commission may grant, file with the Commission either an
agreed statement of the facts appearing upon the hearing, or,
if such party shall so elect, a correct transcript of evidence
of the additional proceedings presented before the Commission,
in which report the party may embody a correct statement of
such other proceedings in the case as such party may desire to
have reviewed, such statement of facts or transcript of
evidence to be authenticated by the signature of the parties or
their attorneys, and in the event that they do not agree, then
the authentication of such transcript of evidence shall be by
the signature of any member of the Commission.
    If a reporter does not for any reason furnish a transcript
of the proceedings before the Arbitrator in any case for use on
a hearing for review before the Commission, within the
limitations of time as fixed in this Section, the Commission
may, in its discretion, order a trial de novo before the
Commission in such case upon application of either party. The
applications for adjustment of claim and other documents in the
nature of pleadings filed by either party, together with the
decisions of the Arbitrator and of the Commission and the
statement of facts or transcript of evidence hereinbefore
provided for in paragraphs (b) and (c) shall be the record of
the proceedings of the Commission, and shall be subject to
review as hereinafter provided.
    At the request of either party or on its own motion, the
Commission shall set forth in writing the reasons for the
decision, including findings of fact and conclusions of law
separately stated. The Commission shall by rule adopt a format
for written decisions for the Commission and arbitrators. The
written decisions shall be concise and shall succinctly state
the facts and reasons for the decision. The Commission may
adopt in whole or in part, the decision of the arbitrator as
the decision of the Commission. When the Commission does so
adopt the decision of the arbitrator, it shall do so by order.
Whenever the Commission adopts part of the arbitrator's
decision, but not all, it shall include in the order the
reasons for not adopting all of the arbitrator's decision. When
a majority of a panel, after deliberation, has arrived at its
decision, the decision shall be filed as provided in this
Section without unnecessary delay, and without regard to the
fact that a member of the panel has expressed an intention to
dissent. Any member of the panel may file a dissent. Any
dissent shall be filed no later than 10 days after the decision
of the majority has been filed.
    Decisions rendered by the Commission and dissents, if any,
shall be published together by the Commission. The conclusions
of law set out in such decisions shall be regarded as
precedents by arbitrators for the purpose of achieving a more
uniform administration of this Act.
    (f) The decision of the Commission acting within its
powers, according to the provisions of paragraph (e) of this
Section shall, in the absence of fraud, be conclusive unless
reviewed as in this paragraph hereinafter provided. However,
the Arbitrator or the Commission may on his or its own motion,
or on the motion of either party, correct any clerical error or
errors in computation within 15 days after the date of receipt
of any award by such Arbitrator or any decision on review of
the Commission and shall have the power to recall the original
award on arbitration or decision on review, and issue in lieu
thereof such corrected award or decision. Where such correction
is made the time for review herein specified shall begin to run
from the date of the receipt of the corrected award or
decision.
        (1) Except in cases of claims against the State of
    Illinois, in which case the decision of the Commission
    shall not be subject to judicial review, the Circuit Court
    of the county where any of the parties defendant may be
    found, or if none of the parties defendant can be found in
    this State then the Circuit Court of the county where the
    accident occurred, shall by summons to the Commission have
    power to review all questions of law and fact presented by
    such record.
        A proceeding for review shall be commenced within 20
    days of the receipt of notice of the decision of the
    Commission. The summons shall be issued by the clerk of
    such court upon written request returnable on a designated
    return day, not less than 10 or more than 60 days from the
    date of issuance thereof, and the written request shall
    contain the last known address of other parties in interest
    and their attorneys of record who are to be served by
    summons. Service upon any member of the Commission or the
    Secretary or the Assistant Secretary thereof shall be
    service upon the Commission, and service upon other parties
    in interest and their attorneys of record shall be by
    summons, and such service shall be made upon the Commission
    and other parties in interest by mailing notices of the
    commencement of the proceedings and the return day of the
    summons to the office of the Commission and to the last
    known place of residence of other parties in interest or
    their attorney or attorneys of record. The clerk of the
    court issuing the summons shall on the day of issue mail
    notice of the commencement of the proceedings which shall
    be done by mailing a copy of the summons to the office of
    the Commission, and a copy of the summons to the other
    parties in interest or their attorney or attorneys of
    record and the clerk of the court shall make certificate
    that he has so sent said notices in pursuance of this
    Section, which shall be evidence of service on the
    Commission and other parties in interest.
        The Commission shall not be required to certify the
    record of their proceedings to the Circuit Court, unless
    the party commencing the proceedings for review in the
    Circuit Court as above provided, shall pay to the
    Commission the sum of 80 per page of testimony taken
    before the Commission, and 35 per page of all other
    matters contained in such record, except as otherwise
    provided by Section 20 of this Act. Payment for photostatic
    copies of exhibit shall be extra. It shall be the duty of
    the Commission upon such payment, or failure to pay as
    permitted under Section 20 of this Act, to prepare a true
    and correct typewritten copy of such testimony and a true
    and correct copy of all other matters contained in such
    record and certified to by the Secretary or Assistant
    Secretary thereof.
        In its decision on review the Commission shall
    determine in each particular case the amount of the
    probable cost of the record to be filed as a part of the
    summons in that case and no request for a summons may be
    filed and no summons shall issue unless the party seeking
    to review the decision of the Commission shall exhibit to
    the clerk of the Circuit Court proof of payment by filing a
    receipt showing payment or an affidavit of the attorney
    setting forth that payment has been made of the sums so
    determined to the Secretary or Assistant Secretary of the
    Commission, except as otherwise provided by Section 20 of
    this Act.
        (2) No such summons shall issue unless the one against
    whom the Commission shall have rendered an award for the
    payment of money shall upon the filing of his written
    request for such summons file with the clerk of the court a
    bond conditioned that if he shall not successfully
    prosecute the review, he will pay the award and the costs
    of the proceedings in the courts. The amount of the bond
    shall be fixed by any member of the Commission and the
    surety or sureties of the bond shall be approved by the
    clerk of the court. The acceptance of the bond by the clerk
    of the court shall constitute evidence of his approval of
    the bond.
        Every county, city, town, township, incorporated
    village, school district, body politic or municipal
    corporation against whom the Commission shall have
    rendered an award for the payment of money shall not be
    required to file a bond to secure the payment of the award
    and the costs of the proceedings in the court to authorize
    the court to issue such summons.
        The court may confirm or set aside the decision of the
    Commission. If the decision is set aside and the facts
    found in the proceedings before the Commission are
    sufficient, the court may enter such decision as is
    justified by law, or may remand the cause to the Commission
    for further proceedings and may state the questions
    requiring further hearing, and give such other
    instructions as may be proper. Appeals shall be taken to
    the Appellate Court in accordance with Supreme Court Rules
    22(g) and 303. Appeals shall be taken from the Appellate
    Court to the Supreme Court in accordance with Supreme Court
    Rule 315.
        It shall be the duty of the clerk of any court
    rendering a decision affecting or affirming an award of the
    Commission to promptly furnish the Commission with a copy
    of such decision, without charge.
        The decision of a majority of the members of the panel
    of the Commission, shall be considered the decision of the
    Commission.
    (g) Except in the case of a claim against the State of
Illinois, either party may present a certified copy of the
award of the Arbitrator, or a certified copy of the decision of
the Commission when the same has become final, when no
proceedings for review are pending, providing for the payment
of compensation according to this Act, to the Circuit Court of
the county in which such accident occurred or either of the
parties are residents, whereupon the court shall enter a
judgment in accordance therewith. In a case where the employer
refuses to pay compensation according to such final award or
such final decision upon which such judgment is entered the
court shall in entering judgment thereon, tax as costs against
him the reasonable costs and attorney fees in the arbitration
proceedings and in the court entering the judgment for the
person in whose favor the judgment is entered, which judgment
and costs taxed as therein provided shall, until and unless set
aside, have the same effect as though duly entered in an action
duly tried and determined by the court, and shall with like
effect, be entered and docketed. The Circuit Court shall have
power at any time upon application to make any such judgment
conform to any modification required by any subsequent decision
of the Supreme Court upon appeal, or as the result of any
subsequent proceedings for review, as provided in this Act.
    Judgment shall not be entered until 15 days' notice of the
time and place of the application for the entry of judgment
shall be served upon the employer by filing such notice with
the Commission, which Commission shall, in case it has on file
the address of the employer or the name and address of its
agent upon whom notices may be served, immediately send a copy
of the notice to the employer or such designated agent.
    (h) An agreement or award under this Act providing for
compensation in installments, may at any time within 18 months
after such agreement or award be reviewed by the Commission at
the request of either the employer or the employee, on the
ground that the disability of the employee has subsequently
recurred, increased, diminished or ended.
    However, as to accidents occurring subsequent to July 1,
1955, which are covered by any agreement or award under this
Act providing for compensation in installments made as a result
of such accident, such agreement or award may at any time
within 30 months, or 60 months in the case of an award under
Section 8(d)1, after such agreement or award be reviewed by the
Commission at the request of either the employer or the
employee on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended.
    On such review, compensation payments may be
re-established, increased, diminished or ended. The Commission
shall give 15 days' notice to the parties of the hearing for
review. Any employee, upon any petition for such review being
filed by the employer, shall be entitled to one day's notice
for each 100 miles necessary to be traveled by him in attending
the hearing of the Commission upon the petition, and 3 days in
addition thereto. Such employee shall, at the discretion of the
Commission, also be entitled to 5 cents per mile necessarily
traveled by him within the State of Illinois in attending such
hearing, not to exceed a distance of 300 miles, to be taxed by
the Commission as costs and deposited with the petition of the
employer.
    When compensation which is payable in accordance with an
award or settlement contract approved by the Commission, is
ordered paid in a lump sum by the Commission, no review shall
be had as in this paragraph mentioned.
    (i) Each party, upon taking any proceedings or steps
whatsoever before any Arbitrator, Commission or court, shall
file with the Commission his address, or the name and address
of any agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail,
addressed to such party or agent at the last address so filed
with the Commission. In the event such party has not filed his
address, or the name and address of an agent as above provided,
service of any notice may be had by filing such notice with the
Commission.
    (j) Whenever in any proceeding testimony has been taken or
a final decision has been rendered and after the taking of such
testimony or after such decision has become final, the injured
employee dies, then in any subsequent proceedings brought by
the personal representative or beneficiaries of the deceased
employee, such testimony in the former proceeding may be
introduced with the same force and effect as though the witness
having so testified were present in person in such subsequent
proceedings and such final decision, if any, shall be taken as
final adjudication of any of the issues which are the same in
both proceedings.
    (k) In case where there has been any unreasonable or
vexatious delay of payment or intentional underpayment of
compensation, or proceedings have been instituted or carried on
by the one liable to pay the compensation, which do not present
a real controversy, but are merely frivolous or for delay, then
the Commission may award compensation additional to that
otherwise payable under this Act equal to 50% of the amount
payable at the time of such award. Failure to pay compensation
in accordance with the provisions of Section 8, paragraph (b)
of this Act, shall be considered unreasonable delay.
    When determining whether this subsection (k) shall apply,
the Commission shall consider whether an Arbitrator has
determined that the claim is not compensable or whether the
employer has made payments under Section 8(j).
    (l) If the employee has made written demand for payment of
benefits under Section 8(a) or Section 8(b), the employer shall
have 14 days after receipt of the demand to set forth in
writing the reason for the delay. In the case of demand for
payment of medical benefits under Section 8(a), the time for
the employer to respond shall not commence until the expiration
of the allotted 60 days specified under Section 8.2(d). In case
the employer or his or her insurance carrier shall without good
and just cause fail, neglect, refuse, or unreasonably delay the
payment of benefits under Section 8(a) or Section 8(b), the
Arbitrator or the Commission shall allow to the employee
additional compensation in the sum of $30 per day for each day
that the benefits under Section 8(a) or Section 8(b) have been
so withheld or refused, not to exceed $10,000. A delay in
payment of 14 days or more shall create a rebuttable
presumption of unreasonable delay. In case the employer or his
insurance carrier shall without good and just cause fail,
neglect, refuse or unreasonably delay the payment of weekly
compensation benefits due to an injured employee during the
period of temporary total disability the arbitrator or the
Commission shall allow to the employee additional compensation
in the sum of $10 per day for each day that a weekly
compensation payment has been so withheld or refused, provided
that such additional compensation shall not exceed the sum of
$2,500. A delay in payment of 14 days or more shall create a
rebuttable presumption of unreasonable delay.
    (m) If the commission finds that an accidental injury was
directly and proximately caused by the employer's wilful
violation of a health and safety standard under the Health and
Safety Act in force at the time of the accident, the arbitrator
or the Commission shall allow to the injured employee or his
dependents, as the case may be, additional compensation equal
to 25% of the amount which otherwise would be payable under the
provisions of this Act exclusive of this paragraph. The
additional compensation herein provided shall be allowed by an
appropriate increase in the applicable weekly compensation
rate.
    (n) After June 30, 1984, decisions of the Illinois Workers'
Compensation Commission reviewing an award of an arbitrator of
the Commission shall draw interest at a rate equal to the yield
on indebtedness issued by the United States Government with a
26-week maturity next previously auctioned on the day on which
the decision is filed. Said rate of interest shall be set forth
in the Arbitrator's Decision. Interest shall be drawn from the
date of the arbitrator's award on all accrued compensation due
the employee through the day prior to the date of payments.
However, when an employee appeals an award of an Arbitrator or
the Commission, and the appeal results in no change or a
decrease in the award, interest shall not further accrue from
the date of such appeal.
    The employer or his insurance carrier may tender the
payments due under the award to stop the further accrual of
interest on such award notwithstanding the prosecution by
either party of review, certiorari, appeal to the Supreme Court
or other steps to reverse, vacate or modify the award.
    (o) By the 15th day of each month each insurer providing
coverage for losses under this Act shall notify each insured
employer of any compensable claim incurred during the preceding
month and the amounts paid or reserved on the claim including a
summary of the claim and a brief statement of the reasons for
compensability. A cumulative report of all claims incurred
during a calendar year or continued from the previous year
shall be furnished to the insured employer by the insurer
within 30 days after the end of that calendar year.
    The insured employer may challenge, in proceeding before
the Commission, payments made by the insurer without
arbitration and payments made after a case is determined to be
noncompensable. If the Commission finds that the case was not
compensable, the insurer shall purge its records as to that
employer of any loss or expense associated with the claim,
reimburse the employer for attorneys' fees arising from the
challenge and for any payment required of the employer to the
Rate Adjustment Fund or the Second Injury Fund, and may not
reflect the loss or expense for rate making purposes. The
employee shall not be required to refund the challenged
payment. The decision of the Commission may be reviewed in the
same manner as in arbitrated cases. No challenge may be
initiated under this paragraph more than 3 years after the
payment is made. An employer may waive the right of challenge
under this paragraph on a case by case basis.
    (p) After filing an application for adjustment of claim but
prior to the hearing on arbitration the parties may voluntarily
agree to submit such application for adjustment of claim for
decision by an arbitrator under this subsection (p) where such
application for adjustment of claim raises only a dispute over
temporary total disability, permanent partial disability or
medical expenses. Such agreement shall be in writing in such
form as provided by the Commission. Applications for adjustment
of claim submitted for decision by an arbitrator under this
subsection (p) shall proceed according to rule as established
by the Commission. The Commission shall promulgate rules
including, but not limited to, rules to ensure that the parties
are adequately informed of their rights under this subsection
(p) and of the voluntary nature of proceedings under this
subsection (p). The findings of fact made by an arbitrator
acting within his or her powers under this subsection (p) in
the absence of fraud shall be conclusive. However, the
arbitrator may on his own motion, or the motion of either
party, correct any clerical errors or errors in computation
within 15 days after the date of receipt of such award of the
arbitrator and shall have the power to recall the original
award on arbitration, and issue in lieu thereof such corrected
award. The decision of the arbitrator under this subsection (p)
shall be considered the decision of the Commission and
proceedings for review of questions of law arising from the
decision may be commenced by either party pursuant to
subsection (f) of Section 19. The Advisory Board established
under Section 13.1 shall compile a list of certified Commission
arbitrators, each of whom shall be approved by at least 7
members of the Advisory Board. The chairman shall select 5
persons from such list to serve as arbitrators under this
subsection (p). By agreement, the parties shall select one
arbitrator from among the 5 persons selected by the chairman
except that if the parties do not agree on an arbitrator from
among the 5 persons, the parties may, by agreement, select an
arbitrator of the American Arbitration Association, whose fee
shall be paid by the State in accordance with rules promulgated
by the Commission. Arbitration under this subsection (p) shall
be voluntary.
(Source: P.A. 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/25.5 new)
    Sec. 25.5. Unlawful acts; penalties.
    (a) It is unlawful for any person, company, corporation,
insurance carrier, healthcare provider, or other entity to:
        (1) Intentionally present or cause to be presented any
    false or fraudulent claim for the payment of any workers'
    compensation benefit.
        (2) Intentionally make or cause to be made any false or
    fraudulent material statement or material representation
    for the purpose of obtaining or denying any workers'
    compensation benefit.
        (3) Intentionally make or cause to be made any false or
    fraudulent statements with regard to entitlement to
    workers' compensation benefits with the intent to prevent
    an injured worker from making a legitimate claim for any
    workers' compensation benefits.
        (4) Intentionally prepare or provide an invalid,
    false, or counterfeit certificate of insurance as proof of
    workers' compensation insurance.
        (5) Intentionally make or cause to be made any false or
    fraudulent material statement or material representation
    for the purpose of obtaining workers' compensation
    insurance at less than the proper rate for that insurance.
        (6) Intentionally make or cause to be made any false or
    fraudulent material statement or material representation
    on an initial or renewal self-insurance application or
    accompanying financial statement for the purpose of
    obtaining self-insurance status or reducing the amount of
    security that may be required to be furnished pursuant to
    Section 4 of this Act.
        (7) Intentionally make or cause to be made any false or
    fraudulent material statement to the Division of
    Insurance's fraud and insurance non-compliance unit in the
    course of an investigation of fraud or insurance
    non-compliance.
        (8) Intentionally assist, abet, solicit, or conspire
    with any person, company, or other entity to commit any of
    the acts in paragraph (1), (2), (3), (4), (5), (6), or (7)
    of this subsection (a).
    For the purposes of paragraphs (2), (3), (5), (6), and (7),
the term "statement" includes any writing, notice, proof of
injury, bill for services, hospital or doctor records and
reports, or X-ray and test results.
    (b) Any person violating subsection (a) is guilty of a
Class 4 felony. Any person or entity convicted of any violation
of this Section shall be ordered to pay complete restitution to
any person or entity so defrauded in addition to any fine or
sentence imposed as a result of the conviction.
    (c) The Division of Insurance of the Department of
Financial and Professional Regulation shall establish a fraud
and insurance non-compliance unit responsible for
investigating incidences of fraud and insurance non-compliance
pursuant to this Section. The size of the staff of the unit
shall be subject to appropriation by the General Assembly. It
shall be the duty of the fraud and insurance non-compliance
unit to determine the identity of insurance carriers,
employers, employees, or other persons or entities who have
violated the fraud and insurance non-compliance provisions of
this Section. The fraud and insurance non-compliance unit shall
report violations of the fraud and insurance non-compliance
provisions of this Section to the Attorney General or to the
State's Attorney of the county in which the offense allegedly
occurred, either of whom has the authority to prosecute
violations under this Section.
    With respect to the subject of any investigation being
conducted, the fraud and insurance non-compliance unit shall
have the general power of subpoena of the Division of
Insurance.
    (d) Any person may report allegations of insurance
non-compliance and fraud pursuant to this Section to the
Division of Insurance's fraud and insurance non-compliance
unit whose duty it shall be to investigate the report. The unit
shall notify the Commission of reports of insurance
non-compliance. Any person reporting an allegation of
insurance non-compliance or fraud against either an employee or
employer under this Section must identify himself. Except as
provided in this subsection and in subsection (e), all reports
shall remain confidential except to refer an investigation to
the Attorney General or State's Attorney for prosecution or if
the fraud and insurance non-compliance unit's investigation
reveals that the conduct reported may be in violation of other
laws or regulations of the State of Illinois, the unit may
report such conduct to the appropriate governmental agency
charged with administering such laws and regulations. Any
person who intentionally makes a false report under this
Section to the fraud and insurance non-compliance unit is
guilty of a Class A misdemeanor.
    (e) In order for the fraud and insurance non-compliance
unit to investigate a report of fraud by an employee, (i) the
employee must have filed with the Commission an Application for
Adjustment of Claim and the employee must have either received
or attempted to receive benefits under this Act that are
related to the reported fraud or (ii) the employee must have
made a written demand for the payment of benefits that are
related to the reported fraud. Upon receipt of a report of
fraud, the employee or employer shall receive immediate notice
of the reported conduct, including the verified name and
address of the complainant if that complainant is connected to
the case and the nature of the reported conduct. The fraud and
insurance non-compliance unit shall resolve all reports of
fraud against employees or employers within 120 days of receipt
of the report. There shall be no immunity, under this Act or
otherwise, for any person who files a false report or who files
a report without good and just cause. Confidentiality of
medical information shall be strictly maintained.
Investigations that are not referred for prosecution shall be
immediately expunged and shall not be disclosed except that the
employee or employer who was the subject of the report and the
person making the report shall be notified that the
investigation is being closed, at which time the name of any
complainant not connected to the case shall be disclosed to the
employee or the employer. It is unlawful for any employer,
insurance carrier, or service adjustment company to file or
threaten to file a report of fraud against an employee because
of the exercise by the employee of the rights and remedies
granted to the employee by this Act.
    For purposes of this subsection (e), "employer" means any
employer, insurance carrier, third party administrator,
self-insured, or similar entity.
    For purposes of this subsection (e), "complainant" refers
to the person contacting the fraud and insurance non-compliance
unit to initiate the complaint.
    (f) Any person convicted of fraud related to workers'
compensation pursuant to this Section shall be subject to the
penalties prescribed in the Criminal Code of 1961 and shall be
ineligible to receive or retain any compensation, disability,
or medical benefits as defined in this Act if the compensation,
disability, or medical benefits were owed or received as a
result of fraud for which the recipient of the compensation,
disability, or medical benefit was convicted. This subsection
applies to accidental injuries or diseases that occur on or
after the effective date of this amendatory Act of the 94th
General Assembly.
    (g) Civil liability. Any person convicted of fraud who
knowingly obtains, attempts to obtain, or causes to be obtained
any benefits under this Act by the making of a false claim or
who knowingly misrepresents any material fact shall be civilly
liable to the payor of benefits or the insurer or the payor's
or insurer's subrogee or assignee in an amount equal to 3 times
the value of the benefits or insurance coverage wrongfully
obtained or twice the value of the benefits or insurance
coverage attempted to be obtained, plus reasonable attorney's
fees and expenses incurred by the payor or the payor's subrogee
or assignee who successfully brings a claim under this
subsection. This subsection applies to accidental injuries or
diseases that occur on or after the effective date of this
amendatory Act of the 94th General Assembly.
    (h) All proceedings under this Section shall be reported by
the fraud and insurance non-compliance unit on an annual basis
to the Workers' Compensation Advisory Board.
 
    Section 15. The Workers' Occupational Diseases Act is
amended by changing Sections 12 and 19 as follows:
 
    (820 ILCS 310/12)  (from Ch. 48, par. 172.47)
    Sec. 12. (a) An employee entitled to receive disability
payments shall be required, if requested by the employer, to
submit himself, at the expense of the employer, for examination
to a duly qualified medical practitioner or surgeon selected by
the employer, at any time and place reasonably convenient for
the employee, either within or without the State of Illinois,
for the purpose of determining the nature, extent and probable
duration of the occupational disease and the disability
therefrom suffered by the employee, and for the purpose of
ascertaining the amount of compensation which may be due the
employee from time to time for disability according to the
provisions of this Act. An employee may also be required to
submit himself for examination by medical experts under
subsection (c) of Section 19.
    An employer requesting such an examination, of an employee
residing within the State of Illinois, shall deliver to the
employee with the notice of the time and place of examination
pay in advance of the time fixed for the examination sufficient
money to defray the necessary expense of travel by the most
convenient means to and from the place of examination, and the
cost of meals necessary during the trip, and if the examination
or travel to and from the place of examination causes any loss
of working time on the part of the employee, the employer shall
reimburse him for such loss of wages upon the basis of his
average daily wage. Such examination shall be made in the
presence of a duly qualified medical practitioner or surgeon
provided and paid for by the employee, if such employee so
desires.
    In all cases where the examination is made by a physician
or surgeon engaged by the employer, and the employee has no
physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination at
the instance of the employer to deliver to the employee, or his
representative, a statement in writing of the examination and
findings to the same extent that said physician or surgeon
reports to the employer and the same shall be an exact copy of
that furnished to the employer, said copy to be furnished the
employee, or his representative as soon as practicable but not
later than the time the case is set for hearing. Such delivery
shall be made in person either to the employee or his
representative, or by registered mail to either, and the
receipt of either shall be proof of such delivery. If such
physician or surgeon refuses to furnish the employee with such
statement to the same extent as that furnished the employer
said physician or surgeon shall not be permitted to testify at
the hearing next following said examination.
    If the employee refuses so to submit himself to examination
or unnecessarily obstructs the same, his right to compensation
payment shall be temporarily suspended until such examination
shall have taken place, and no compensation shall be payable
under this Act for such period.
    It shall be the duty of physicians or surgeons treating an
employee who is likely to die, and treating him at the instance
of the employer, to have called in another physician or surgeon
to be designated and paid for by either the employee or by the
person or persons who would become his beneficiary or
beneficiaries, to make an examination before the death of such
employee.
    In all cases where the examination is made by a physician
or surgeon engaged by the employee, and the employer has no
physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination at
the instance of the employee, to deliver to the employer, or
his representative, a statement in writing of the condition and
extent of the examination and findings to the same extent that
said physician or surgeon reports to the employee and the same
shall be an exact copy of that furnished to the employee, said
copy to be furnished the employer, or his representative, as
soon as practicable but not later than the time the case is set
for hearing. Such delivery shall be made in person either to
the employer, or his representative, or by registered mail to
either, and the receipt of either shall be proof of such
delivery. If such physician or surgeon refuses to furnish the
employer with such statement to the same extent as that
furnished the employee, said physician or surgeon shall not be
permitted to testify at the hearing next following said
examination.
    (b) Whenever, after the death of an employee, any party in
interest files an application for adjustment of claim under
this Act, and it appears that an autopsy may disclose material
evidence as to whether or not such death was due to the
inhalation of silica or asbestos dust, the commission, upon
petition of either party, may order an autopsy at the expense
of the party requesting same, and if such autopsy is so
ordered, the commission shall designate a competent
pathologist to perform the same, and shall give the parties in
interest such reasonable notice of the time and place thereof
as will afford a reasonable opportunity to witness such autopsy
in person or by a representative.
    It shall be the duty of such pathologist to perform such
autopsy as, in his best judgment, is required to ascertain the
cause of death. Such pathologist shall make a complete written
report of all his findings to the commission (including
laboratory results described as such, if any). The said report
of the pathologist shall contain his findings on post-mortem
examination and said report shall not contain any conclusion of
the said pathologist based upon the findings so reported.
    Said report shall be placed on file with the commission,
and shall be a public record. Said report, or a certified copy
thereof, may be introduced by either party on any hearing as
evidence of the findings therein stated, but shall not be
conclusive evidence of such findings, and either party may
rebut any part thereof.
    Where an autopsy has been performed at any time with the
express or implied consent of any interested party, and without
some opposing party, if known or reasonably ascertainable,
having reasonable notice of and reasonable opportunity of
witnessing the same, all evidence obtained by such autopsy
shall be barred upon objection at any hearing. This paragraph
shall not apply to autopsies by a coroner's physician in the
discharge of his official duties.
(Source: P.A. 81-1482.)
 
    (820 ILCS 310/19)  (from Ch. 48, par. 172.54)
    Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
    (a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an agreement
to designate an Arbitrator.
        (1) The application for adjustment of claim filed with
    the Commission shall state:
            A. The approximate date of the last day of the last
        exposure and the approximate date of the disablement.
            B. The general nature and character of the illness
        or disease claimed.
            C. The name and address of the employer by whom
        employed on the last day of the last exposure and if
        employed by any other employer after such last exposure
        and before disablement the name and address of such
        other employer or employers.
            D. In case of death, the date and place of death.
        (2) Amendments to applications for adjustment of claim
    which relate to the same disablement or disablement
    resulting in death originally claimed upon may be allowed
    by the Commissioner or an Arbitrator thereof, in their
    discretion, and in the exercise of such discretion, they
    may in proper cases order a trial de novo; such amendment
    shall relate back to the date of the filing of the original
    application so amended.
        (3) Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under this Act
    and it is subsequently discovered, at any time before final
    disposition of such cause, that the claim for disability or
    death which was the basis for such application should
    properly have been made under the Workers' Compensation
    Act, then the provisions of Section 19 paragraph (a-1) of
    the Workers' Compensation Act having reference to such
    application shall apply.
        Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under the
    Workers' Compensation Act and it is subsequently
    discovered, at any time before final disposition of such
    cause that the claim for injury or death which was the
    basis for such application should properly have been made
    under this Act, then the application so filed under the
    Workers' Compensation Act may be amended in form, substance
    or both to assert claim for such disability or death under
    this Act and it shall be deemed to have been so filed as
    amended on the date of the original filing thereof, and
    such compensation may be awarded as is warranted by the
    whole evidence pursuant to the provisions of this Act. When
    such amendment is submitted, further or additional
    evidence may be heard by the Arbitrator or Commission when
    deemed necessary; provided, that nothing in this Section
    contained shall be construed to be or permit a waiver of
    any provisions of this Act with reference to notice, but
    notice if given shall be deemed to be a notice under the
    provisions of this Act if given within the time required
    herein.
    (b) The Arbitrator shall make such inquiries and
investigations as he shall deem necessary and may examine and
inspect all books, papers, records, places, or premises
relating to the questions in dispute and hear such proper
evidence as the parties may submit.
    The hearings before the Arbitrator shall be held in the
vicinity where the last exposure occurred, after 10 days'
notice of the time and place of such hearing shall have been
given to each of the parties or their attorneys of record.
    The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of such disability.
    The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly
Beginning January 1, 1981, all decisions of the Arbitrator
shall set forth in writing findings of fact and conclusions of
law, separately stated, if requested by either party. Unless a
petition for review is filed by either party within 30 days
after the receipt by such party of the copy of the decision and
notification of time when filed, and unless such party
petitioning for a review shall within 35 days after the receipt
by him of the copy of the decision, file with the Commission
either an agreed statement of the facts appearing upon the
hearing before the Arbitrator, or if such party shall so elect
a correct transcript of evidence of the proceedings at such
hearings, then the decision shall become the decision of the
Commission and in the absence of fraud shall be conclusive. The
Petition for Review shall contain a statement of the
petitioning party's specific exceptions to the decision of the
arbitrator. The jurisdiction of the Commission to review the
decision of the arbitrator shall not be limited to the
exceptions stated in the Petition for Review. The Commission,
or any member thereof, may grant further time not exceeding 30
days, in which to file such agreed statement or transcript of
evidence. Such agreed statement of facts or correct transcript
of evidence, as the case may be, shall be authenticated by the
signatures of the parties or their attorneys, and in the event
they do not agree as to the correctness of the transcript of
evidence it shall be authenticated by the signature of the
Arbitrator designated by the Commission.
    Whether the employee is working or not, if the employee is
not receiving or has not received medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8 of the Workers' Compensation Act,
or compensation as provided in paragraph (b) of Section 8 of
the Workers' Compensation Act, the employee may at any time
petition for an expedited hearing by an Arbitrator on the issue
of whether or not he or she is entitled to receive payment of
the services or compensation. Provided the employer continues
to pay compensation pursuant to paragraph (b) of Section 8 of
the Workers' Compensation Act, the employer may at any time
petition for an expedited hearing on the issue of whether or
not the employee is entitled to receive medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8 of the Workers' Compensation Act,
or compensation as provided in paragraph (b) of Section 8 of
the Workers' Compensation Act. When an employer has petitioned
for an expedited hearing, the employer shall continue to pay
compensation as provided in paragraph (b) of Section 8 of the
Workers' Compensation Act unless the arbitrator renders a
decision that the employee is not entitled to the benefits that
are the subject of the expedited hearing or unless the
employee's treating physician has released the employee to
return to work at his or her regular job with the employer or
the employee actually returns to work at any other job. If the
arbitrator renders a decision that the employee is not entitled
to the benefits that are the subject of the expedited hearing,
a petition for review filed by the employee shall receive the
same priority as if the employee had filed a petition for an
expedited hearing by an arbitrator. Neither party shall be
entitled to an expedited hearing when the employee has returned
to work and the sole issue in dispute amounts to less than 12
weeks of unpaid compensation pursuant to paragraph (b) of
Section 8 of the Workers' Compensation Act.
    Expedited hearings shall have priority over all other
petitions and shall be heard by the Arbitrator and Commission
with all convenient speed. Any party requesting an expedited
hearing shall give notice of a request for an expedited hearing
under this paragraph. A copy of the Application for Adjustment
of Claim shall be attached to the notice. The Commission shall
adopt rules and procedures under which the final decision of
the Commission under this paragraph is filed not later than 180
days from the date that the Petition for Review is filed with
the Commission.
    Where 2 or more insurance carriers, private self-insureds,
or a group workers' compensation pool under Article V 3/4 of
the Illinois Insurance Code dispute coverage for the same
disease, any such insurance carrier, private self-insured, or
group workers' compensation pool may request an expedited
hearing pursuant to this paragraph to determine the issue of
coverage, provided coverage is the only issue in dispute and
all other issues are stipulated and agreed to and further
provided that all compensation benefits including medical
benefits pursuant to Section 8(a) of the Workers' Compensation
Act continue to be paid to or on behalf of petitioner. Any
insurance carrier, private self-insured, or group workers'
compensation pool that is determined to be liable for coverage
for the disease in issue shall reimburse any insurance carrier,
private self-insured, or group workers' compensation pool that
has paid benefits to or on behalf of petitioner for the
disease.
    (b-1) If the employee is not receiving, pursuant to Section
7, medical, surgical or hospital services of the type provided
for in paragraph (a) of Section 8 of the Workers' Compensation
Act or compensation of the type provided for in paragraph (b)
of Section 8 of the Workers' Compensation Act, the employee, in
accordance with Commission Rules, may file a petition for an
emergency hearing by an Arbitrator on the issue of whether or
not he is entitled to receive payment of such compensation or
services as provided therein. Such petition shall have priority
over all other petitions and shall be heard by the Arbitrator
and Commission with all convenient speed.
    Such petition shall contain the following information and
shall be served on the employer at least 15 days before it is
filed:
        (i) the date and approximate time of the last exposure;
        (ii) the approximate location of the last exposure;
        (iii) a description of the last exposure;
        (iv) the nature of the disability incurred by the
    employee;
        (v) the identity of the person, if known, to whom the
    disability was reported and the date on which it was
    reported;
        (vi) the name and title of the person, if known,
    representing the employer with whom the employee conferred
    in any effort to obtain pursuant to Section 7 compensation
    of the type provided for in paragraph (b) of Section 8 of
    the Workers' Compensation Act or medical, surgical or
    hospital services of the type provided for in paragraph (a)
    of Section 8 of the Workers' Compensation Act and the date
    of such conference;
        (vii) a statement that the employer has refused to pay
    compensation pursuant to Section 7 of the type provided for
    in paragraph (b) of Section 8 of the Workers' Compensation
    Act or for medical, surgical or hospital services pursuant
    to Section 7 of the type provided for in paragraph (a) of
    Section 8 of the Workers' Compensation Act;
        (viii) the name and address, if known, of each witness
    to the last exposure and of each other person upon whom the
    employee will rely to support his allegations;
        (ix) the dates of treatment related to the disability
    by medical practitioners, and the names and addresses of
    such practitioners, including the dates of treatment
    related to the disability at any hospitals and the names
    and addresses of such hospitals, and a signed authorization
    permitting the employer to examine all medical records of
    all practitioners and hospitals named pursuant to this
    paragraph;
        (x) a copy of a signed report by a medical
    practitioner, relating to the employee's current inability
    to return to work because of the disability incurred as a
    result of the exposure or such other documents or
    affidavits which show that the employee is entitled to
    receive pursuant to Section 7 compensation of the type
    provided for in paragraph (b) of Section 8 of the Workers'
    Compensation Act or medical, surgical or hospital services
    of the type provided for in paragraph (a) of Section 8 of
    the Workers' Compensation Act. Such reports, documents or
    affidavits shall state, if possible, the history of the
    exposure given by the employee, and describe the disability
    and medical diagnosis, the medical services for such
    disability which the employee has received and is
    receiving, the physical activities which the employee
    cannot currently perform as a result of such disability,
    and the prognosis for recovery;
        (xi) complete copies of any reports, records,
    documents and affidavits in the possession of the employee
    on which the employee will rely to support his allegations,
    provided that the employer shall pay the reasonable cost of
    reproduction thereof;
        (xii) a list of any reports, records, documents and
    affidavits which the employee has demanded by subpoena and
    on which he intends to rely to support his allegations;
        (xiii) a certification signed by the employee or his
    representative that the employer has received the petition
    with the required information 15 days before filing.
    Fifteen days after receipt by the employer of the petition
with the required information the employee may file said
petition and required information and shall serve notice of the
filing upon the employer. The employer may file a motion
addressed to the sufficiency of the petition. If an objection
has been filed to the sufficiency of the petition, the
arbitrator shall rule on the objection within 2 working days.
If such an objection is filed, the time for filing the final
decision of the Commission as provided in this paragraph shall
be tolled until the arbitrator has determined that the petition
is sufficient.
    The employer shall, within 15 days after receipt of the
notice that such petition is filed, file with the Commission
and serve on the employee or his representative a written
response to each claim set forth in the petition, including the
legal and factual basis for each disputed allegation and the
following information: (i) complete copies of any reports,
records, documents and affidavits in the possession of the
employer on which the employer intends to rely in support of
his response, (ii) a list of any reports, records, documents
and affidavits which the employer has demanded by subpoena and
on which the employer intends to rely in support of his
response, (iii) the name and address of each witness on whom
the employer will rely to support his response, and (iv) the
names and addresses of any medical practitioners selected by
the employer pursuant to Section 12 of this Act and the time
and place of any examination scheduled to be made pursuant to
such Section.
    Any employer who does not timely file and serve a written
response without good cause may not introduce any evidence to
dispute any claim of the employee but may cross examine the
employee or any witness brought by the employee and otherwise
be heard.
    No document or other evidence not previously identified by
either party with the petition or written response, or by any
other means before the hearing, may be introduced into evidence
without good cause. If, at the hearing, material information is
discovered which was not previously disclosed, the Arbitrator
may extend the time for closing proof on the motion of a party
for a reasonable period of time which may be more than 30 days.
No evidence may be introduced pursuant to this paragraph as to
permanent disability. No award may be entered for permanent
disability pursuant to this paragraph. Either party may
introduce into evidence the testimony taken by deposition of
any medical practitioner.
    The Commission shall adopt rules, regulations and
procedures whereby the final decision of the Commission is
filed not later than 90 days from the date the petition for
review is filed but in no event later than 180 days from the
date the petition for an emergency hearing is filed with the
Illinois Workers' Compensation Commission.
    All service required pursuant to this paragraph (b-1) must
be by personal service or by certified mail and with evidence
of receipt. In addition, for the purposes of this paragraph,
all service on the employer must be at the premises where the
accident occurred if the premises are owned or operated by the
employer. Otherwise service must be at the employee's principal
place of employment by the employer. If service on the employer
is not possible at either of the above, then service shall be
at the employer's principal place of business. After initial
service in each case, service shall be made on the employer's
attorney or designated representative.
    (c) (1) At a reasonable time in advance of and in
connection with the hearing under Section 19(e) or 19(h), the
Commission may on its own motion order an impartial physical or
mental examination of a petitioner whose mental or physical
condition is in issue, when in the Commission's discretion it
appears that such an examination will materially aid in the
just determination of the case. The examination shall be made
by a member or members of a panel of physicians chosen for
their special qualifications by the Illinois State Medical
Society. The Commission shall establish procedures by which a
physician shall be selected from such list.
    (2) Should the Commission at any time during the hearing
find that compelling considerations make it advisable to have
an examination and report at that time, the Commission may in
its discretion so order.
    (3) A copy of the report of examination shall be given to
the Commission and to the attorneys for the parties.
    (4) Either party or the Commission may call the examining
physician or physicians to testify. Any physician so called
shall be subject to cross-examination.
    (5) The examination shall be made, and the physician or
physicians, if called, shall testify, without cost to the
parties. The Commission shall determine the compensation and
the pay of the physician or physicians. The compensation for
this service shall not exceed the usual and customary amount
for such service.
    The fees and payment thereof of all attorneys and
physicians for services authorized by the Commission under this
Act shall, upon request of either the employer or the employee
or the beneficiary affected, be subject to the review and
decision of the Commission.
    (d) If any employee shall persist in insanitary or
injurious practices which tend to either imperil or retard his
recovery or shall refuse to submit to such medical, surgical,
or hospital treatment as is reasonably essential to promote his
recovery, the Commission may, in its discretion, reduce or
suspend the compensation of any such employee; provided, that
when an employer and employee so agree in writing, the
foregoing provision shall not be construed to authorize the
reduction or suspension of compensation of an employee who is
relying in good faith, on treatment by prayer or spiritual
means alone, in accordance with the tenets and practice of a
recognized church or religious denomination, by a duly
accredited practitioner thereof.
    (e) This paragraph shall apply to all hearings before the
Commission. Such hearings may be held in its office or
elsewhere as the Commission may deem advisable. The taking of
testimony on such hearings may be had before any member of the
Commission. If a petition for review and agreed statement of
facts or transcript of evidence is filed, as provided herein,
the Commission shall promptly review the decision of the
Arbitrator and all questions of law or fact which appear from
the statement of facts or transcripts of evidence. In all cases
in which the hearing before the arbitrator is held after the
effective date of this amendatory Act of 1989, no additional
evidence shall be introduced by the parties before the
Commission on review of the decision of the Arbitrator. The
Commission shall file in its office its decision thereon, and
shall immediately send to each party or his attorney a copy of
such decision and a notification of the time when it was filed.
Decisions shall be filed within 60 days after the Statement of
Exceptions and Supporting Brief and Response thereto are
required to be filed or oral argument whichever is later.
    In the event either party requests oral argument, such
argument shall be had before a panel of 3 members of the
Commission (or before all available members pursuant to the
determination of 7 5 members of the Commission that such
argument be held before all available members of the
Commission) pursuant to the rules and regulations of the
Commission. A panel of 3 members, which shall be comprised of
not more than one representative citizen of the employing class
and not more than one representative citizen of the employee
class, shall hear the argument; provided that if all the issues
in dispute are solely the nature and extent of the permanent
partial disability, if any, a majority of the panel may deny
the request for such argument and such argument shall not be
held; and provided further that 7 5 members of the Commission
may determine that the argument be held before all available
members of the Commission. A decision of the Commission shall
be approved by a majority of Commissioners present at such
hearing if any; provided, if no such hearing is held, a
decision of the Commission shall be approved by a majority of a
panel of 3 members of the Commission as described in this
Section. The Commission shall give 10 days' notice to the
parties or their attorneys of the time and place of such taking
of testimony and of such argument.
    In any case the Commission in its decision may in its
discretion find specially upon any question or questions of law
or facts which shall be submitted in writing by either party
whether ultimate or otherwise; provided that on issues other
than nature and extent of the disablement, if any, the
Commission in its decision shall find specially upon any
question or questions of law or fact, whether ultimate or
otherwise, which are submitted in writing by either party;
provided further that not more than 5 such questions may be
submitted by either party. Any party may, within 20 days after
receipt of notice of the Commission's decision, or within such
further time, not exceeding 30 days, as the Commission may
grant, file with the Commission either an agreed statement of
the facts appearing upon the hearing, or, if such party shall
so elect, a correct transcript of evidence of the additional
proceedings presented before the Commission in which report the
party may embody a correct statement of such other proceedings
in the case as such party may desire to have reviewed, such
statement of facts or transcript of evidence to be
authenticated by the signature of the parties or their
attorneys, and in the event that they do not agree, then the
authentication of such transcript of evidence shall be by the
signature of any member of the Commission.
    If a reporter does not for any reason furnish a transcript
of the proceedings before the Arbitrator in any case for use on
a hearing for review before the Commission, within the
limitations of time as fixed in this Section, the Commission
may, in its discretion, order a trial de novo before the
Commission in such case upon application of either party. The
applications for adjustment of claim and other documents in the
nature of pleadings filed by either party, together with the
decisions of the Arbitrator and of the Commission and the
statement of facts or transcript of evidence hereinbefore
provided for in paragraphs (b) and (c) shall be the record of
the proceedings of the Commission, and shall be subject to
review as hereinafter provided.
    At the request of either party or on its own motion, the
Commission shall set forth in writing the reasons for the
decision, including findings of fact and conclusions of law,
separately stated. The Commission shall by rule adopt a format
for written decisions for the Commission and arbitrators. The
written decisions shall be concise and shall succinctly state
the facts and reasons for the decision. The Commission may
adopt in whole or in part, the decision of the arbitrator as
the decision of the Commission. When the Commission does so
adopt the decision of the arbitrator, it shall do so by order.
Whenever the Commission adopts part of the arbitrator's
decision, but not all, it shall include in the order the
reasons for not adopting all of the arbitrator's decision. When
a majority of a panel, after deliberation, has arrived at its
decision, the decision shall be filed as provided in this
Section without unnecessary delay, and without regard to the
fact that a member of the panel has expressed an intention to
dissent. Any member of the panel may file a dissent. Any
dissent shall be filed no later than 10 days after the decision
of the majority has been filed.
    Decisions rendered by the Commission after the effective
date of this amendatory Act of 1980 and dissents, if any, shall
be published together by the Commission. The conclusions of law
set out in such decisions shall be regarded as precedents by
arbitrators, for the purpose of achieving a more uniform
administration of this Act.
    (f) The decision of the Commission acting within its
powers, according to the provisions of paragraph (e) of this
Section shall, in the absence of fraud, be conclusive unless
reviewed as in this paragraph hereinafter provided. However,
the Arbitrator or the Commission may on his or its own motion,
or on the motion of either party, correct any clerical error or
errors in computation within 15 days after the date of receipt
of any award by such Arbitrator or any decision on review of
the Commission, and shall have the power to recall the original
award on arbitration or decision on review, and issue in lieu
thereof such corrected award or decision. Where such correction
is made the time for review herein specified shall begin to run
from the date of the receipt of the corrected award or
decision.
        (1) Except in cases of claims against the State of
    Illinois, in which case the decision of the Commission
    shall not be subject to judicial review, the Circuit Court
    of the county where any of the parties defendant may be
    found, or if none of the parties defendant be found in this
    State then the Circuit Court of the county where any of the
    exposure occurred, shall by summons to the Commission have
    power to review all questions of law and fact presented by
    such record.
        A proceeding for review shall be commenced within 20
    days of the receipt of notice of the decision of the
    Commission. The summons shall be issued by the clerk of
    such court upon written request returnable on a designated
    return day, not less than 10 or more than 60 days from the
    date of issuance thereof, and the written request shall
    contain the last known address of other parties in interest
    and their attorneys of record who are to be served by
    summons. Service upon any member of the Commission or the
    Secretary or the Assistant Secretary thereof shall be
    service upon the Commission, and service upon other parties
    in interest and their attorneys of record shall be by
    summons, and such service shall be made upon the Commission
    and other parties in interest by mailing notices of the
    commencement of the proceedings and the return day of the
    summons to the office of the Commission and to the last
    known place of residence of other parties in interest or
    their attorney or attorneys of record. The clerk of the
    court issuing the summons shall on the day of issue mail
    notice of the commencement of the proceedings which shall
    be done by mailing a copy of the summons to the office of
    the Commission, and a copy of the summons to the other
    parties in interest or their attorney or attorneys of
    record and the clerk of the court shall make certificate
    that he has so sent such notices in pursuance of this
    Section, which shall be evidence of service on the
    Commission and other parties in interest.
        The Commission shall not be required to certify the
    record of their proceedings in the Circuit Court unless the
    party commencing the proceedings for review in the Circuit
    Court as above provided, shall pay to the Commission the
    sum of 80 cents per page of testimony taken before the
    Commission, and 35 cents per page of all other matters
    contained in such record, except as otherwise provided by
    Section 20 of this Act. Payment for photostatic copies of
    exhibit shall be extra. It shall be the duty of the
    Commission upon such payment, or failure to pay as
    permitted under Section 20 of this Act, to prepare a true
    and correct typewritten copy of such testimony and a true
    and correct copy of all other matters contained in such
    record and certified to by the Secretary or Assistant
    Secretary thereof.
        In its decision on review the Commission shall
    determine in each particular case the amount of the
    probable cost of the record to be filed as a return to the
    summons in that case and no request for a summons may be
    filed and no summons shall issue unless the party seeking
    to review the decision of the Commission shall exhibit to
    the clerk of the Circuit Court proof of payment by filing a
    receipt showing payment or an affidavit of the attorney
    setting forth that payment has been made of the sums so
    determined to the Secretary or Assistant Secretary of the
    Commission.
        (2) No such summons shall issue unless the one against
    whom the Commission shall have rendered an award for the
    payment of money shall upon the filing of his written
    request for such summons file with the clerk of the court a
    bond conditioned that if he shall not successfully
    prosecute the review, he will pay the award and the costs
    of the proceedings in the court. The amount of the bond
    shall be fixed by any member of the Commission and the
    surety or sureties of the bond shall be approved by the
    clerk of the court. The acceptance of the bond by the clerk
    of the court shall constitute evidence of his approval of
    the bond.
        Every county, city, town, township, incorporated
    village, school district, body politic or municipal
    corporation having a population of 500,000 or more against
    whom the Commission shall have rendered an award for the
    payment of money shall not be required to file a bond to
    secure the payment of the award and the costs of the
    proceedings in the court to authorize the court to issue
    such summons.
        The court may confirm or set aside the decision of the
    Commission. If the decision is set aside and the facts
    found in the proceedings before the Commission are
    sufficient, the court may enter such decision as is
    justified by law, or may remand the cause to the Commission
    for further proceedings and may state the questions
    requiring further hearing, and give such other
    instructions as may be proper. Appeals shall be taken to
    the Appellate Court in accordance with Supreme Court Rules
    22(g) and 303. Appeals shall be taken from the Appellate
    Court to the Supreme Court in accordance with Supreme Court
    Rule 315.
        It shall be the duty of the clerk of any court
    rendering a decision affecting or affirming an award of the
    Commission to promptly furnish the Commission with a copy
    of such decision, without charge.
        The decision of a majority of the members of the panel
    of the Commission, shall be considered the decision of the
    Commission.
    (g) Except in the case of a claim against the State of
Illinois, either party may present a certified copy of the
award of the Arbitrator, or a certified copy of the decision of
the Commission when the same has become final, when no
proceedings for review are pending, providing for the payment
of compensation according to this Act, to the Circuit Court of
the county in which such exposure occurred or either of the
parties are residents, whereupon the court shall enter a
judgment in accordance therewith. In case where the employer
refuses to pay compensation according to such final award or
such final decision upon which such judgment is entered, the
court shall in entering judgment thereon, tax as costs against
him the reasonable costs and attorney fees in the arbitration
proceedings and in the court entering the judgment for the
person in whose favor the judgment is entered, which judgment
and costs taxed as herein provided shall, until and unless set
aside, have the same effect as though duly entered in an action
duly tried and determined by the court, and shall with like
effect, be entered and docketed. The Circuit Court shall have
power at any time upon application to make any such judgment
conform to any modification required by any subsequent decision
of the Supreme Court upon appeal, or as the result of any
subsequent proceedings for review, as provided in this Act.
    Judgment shall not be entered until 15 days' notice of the
time and place of the application for the entry of judgment
shall be served upon the employer by filing such notice with
the Commission, which Commission shall, in case it has on file
the address of the employer or the name and address of its
agent upon whom notices may be served, immediately send a copy
of the notice to the employer or such designated agent.
    (h) An agreement or award under this Act providing for
compensation in installments, may at any time within 18 months
after such agreement or award be reviewed by the Commission at
the request of either the employer or the employee on the
ground that the disability of the employee has subsequently
recurred, increased, diminished or ended.
    However, as to disablements occurring subsequently to July
1, 1955, which are covered by any agreement or award under this
Act providing for compensation in installments made as a result
of such disablement, such agreement or award may at any time
within 30 months after such agreement or award be reviewed by
the Commission at the request of either the employer or the
employee on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended.
    On such review compensation payments may be
re-established, increased, diminished or ended. The Commission
shall give 15 days' notice to the parties of the hearing for
review. Any employee, upon any petition for such review being
filed by the employer, shall be entitled to one day's notice
for each 100 miles necessary to be traveled by him in attending
the hearing of the Commission upon the petition, and 3 days in
addition thereto. Such employee shall, at the discretion of the
Commission, also be entitled to 5 cents per mile necessarily
traveled by him within the State of Illinois in attending such
hearing, not to exceed a distance of 300 miles, to be taxed by
the Commission as costs and deposited with the petition of the
employer.
    When compensation which is payable in accordance with an
award or settlement contract approved by the Commission, is
ordered paid in a lump sum by the Commission, no review shall
be had as in this paragraph mentioned.
    (i) Each party, upon taking any proceedings or steps
whatsoever before any Arbitrator, Commission or court, shall
file with the Commission his address, or the name and address
of any agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail,
addressed to such party or agent at the last address so filed
with the Commission. In the event such party has not filed his
address, or the name and address of an agent as above provided,
service of any notice may be had by filing such notice with the
Commission.
    (j) Whenever in any proceeding testimony has been taken or
a final decision has been rendered, and after the taking of
such testimony or after such decision has become final, the
employee dies, then in any subsequent proceeding brought by the
personal representative or beneficiaries of the deceased
employee, such testimony in the former proceeding may be
introduced with the same force and effect as though the witness
having so testified were present in person in such subsequent
proceedings and such final decision, if any, shall be taken as
final adjudication of any of the issues which are the same in
both proceedings.
    (k) In any case where there has been any unreasonable or
vexatious delay of payment or intentional underpayment of
compensation, or proceedings have been instituted or carried on
by one liable to pay the compensation, which do not present a
real controversy, but are merely frivolous or for delay, then
the Commission may award compensation additional to that
otherwise payable under this Act equal to 50% of the amount
payable at the time of such award. Failure to pay compensation
in accordance with the provisions of Section 8, paragraph (b)
of this Act, shall be considered unreasonable delay.
    When determining whether this subsection (k) shall apply,
the Commission shall consider whether an arbitrator has
determined that the claim is not compensable or whether the
employer has made payments under Section 8(j) of the Workers'
Compensation Act.
    (k-1) If the employee has made written demand for payment
of benefits under Section 8(a) or Section 8(b) of the Workers'
Compensation Act, the employer shall have 14 days after receipt
of the demand to set forth in writing the reason for the delay.
In the case of demand for payment of medical benefits under
Section 8(a) of the Workers' Compensation Act, the time for the
employer to respond shall not commence until the expiration of
the allotted 60 days specified under Section 8.2(d) of the
Workers' Compensation Act. In case the employer or his or her
insurance carrier shall without good and just cause fail,
neglect, refuse, or unreasonably delay the payment of benefits
under Section 8(a) or Section 8(b) of the Workers' Compensation
Act, the Arbitrator or the Commission shall allow to the
employee additional compensation in the sum of $30 per day for
each day that the benefits under Section 8(a) or Section 8(b)
of the Workers' Compensation Act have been so withheld or
refused, not to exceed $10,000. A delay in payment of 14 days
or more shall create a rebuttable presumption of unreasonable
delay.
    (l) By the 15th day of each month each insurer providing
coverage for losses under this Act shall notify each insured
employer of any compensable claim incurred during the preceding
month and the amounts paid or reserved on the claim including a
summary of the claim and a brief statement of the reasons for
compensability. A cumulative report of all claims incurred
during a calendar year or continued from the previous year
shall be furnished to the insured employer by the insurer
within 30 days after the end of that calendar year.
    The insured employer may challenge, in proceeding before
the Commission, payments made by the insurer without
arbitration and payments made after a case is determined to be
noncompensable. If the Commission finds that the case was not
compensable, the insurer shall purge its records as to that
employer of any loss or expense associated with the claim,
reimburse the employer for attorneys fee arising from the
challenge and for any payment required of the employer to the
Rate Adjustment Fund or the Second Injury Fund, and may not
effect the loss or expense for rate making purposes. The
employee shall not be required to refund the challenged
payment. The decision of the Commission may be reviewed in the
same manner as in arbitrated cases. No challenge may be
initiated under this paragraph more than 3 years after the
payment is made. An employer may waive the right of challenge
under this paragraph on a case by case basis.
    (m) After filing an application for adjustment of claim but
prior to the hearing on arbitration the parties may voluntarily
agree to submit such application for adjustment of claim for
decision by an arbitrator under this subsection (m) where such
application for adjustment of claim raises only a dispute over
temporary total disability, permanent partial disability or
medical expenses. Such agreement shall be in writing in such
form as provided by the Commission. Applications for adjustment
of claim submitted for decision by an arbitrator under this
subsection (m) shall proceed according to rule as established
by the Commission. The Commission shall promulgate rules
including, but not limited to, rules to ensure that the parties
are adequately informed of their rights under this subsection
(m) and of the voluntary nature of proceedings under this
subsection (m). The findings of fact made by an arbitrator
acting within his or her powers under this subsection (m) in
the absence of fraud shall be conclusive. However, the
arbitrator may on his own motion, or the motion of either
party, correct any clerical errors or errors in computation
within 15 days after the date of receipt of such award of the
arbitrator and shall have the power to recall the original
award on arbitration, and issue in lieu thereof such corrected
award. The decision of the arbitrator under this subsection (m)
shall be considered the decision of the Commission and
proceedings for review of questions of law arising from the
decision may be commenced by either party pursuant to
subsection (f) of Section 19. The Advisory Board established
under Section 13.1 of the Workers' Compensation Act shall
compile a list of certified Commission arbitrators, each of
whom shall be approved by at least 7 members of the Advisory
Board. The chairman shall select 5 persons from such list to
serve as arbitrators under this subsection (m). By agreement,
the parties shall select one arbitrator from among the 5
persons selected by the chairman except, that if the parties do
not agree on an arbitrator from among the 5 persons, the
parties may, by agreement, select an arbitrator of the American
Arbitration Association, whose fee shall be paid by the State
in accordance with rules promulgated by the Commission.
Arbitration under this subsection (m) shall be voluntary.
(Source: P.A. 93-721, eff. 1-1-05.)
 
    Section 95. Applicability. The amendatory changes to the
first paragraph of subsection (f) of Section 7 relating to
payment for burial expenses, subsections (a) and (b) of Section
8, and subsections (h), (k), and (l) of Section 19 of the
Workers' Compensation Act and subsections (k) and (k-1) of
Section 19 of the Workers' Occupational Diseases Act apply to
accidental injuries or diseases that occur on or after February
1, 2006.
 
    Section 98. Inseverability. The provisions of this Act are
mutually dependent and inseverable. If any provision or its
application to any person or circumstance is held invalid, then
this entire Act is invalid.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.