Public Act 097-0018
 
HB1698 EnrolledLRB097 07917 AJO 48032 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Sections 405-105 and 405-411 as follows:
 
    (20 ILCS 405/405-105)  (was 20 ILCS 405/64.1)
    Sec. 405-105. Fidelity, surety, property, and casualty
insurance. The Department shall establish and implement a
program to coordinate the handling of all fidelity, surety,
property, and casualty insurance exposures of the State and the
departments, divisions, agencies, branches, and universities
of the State. In performing this responsibility, the Department
shall have the power and duty to do the following:
        (1) Develop and maintain loss and exposure data on all
    State property.
        (2) Study the feasibility of establishing a
    self-insurance plan for State property and prepare
    estimates of the costs of reinsurance for risks beyond the
    realistic limits of the self-insurance.
        (3) Prepare a plan for centralizing the purchase of
    property and casualty insurance on State property under a
    master policy or policies and purchase the insurance
    contracted for as provided in the Illinois Purchasing Act.
        (4) Evaluate existing provisions for fidelity bonds
    required of State employees and recommend changes that are
    appropriate commensurate with risk experience and the
    determinations respecting self-insurance or reinsurance so
    as to permit reduction of costs without loss of coverage.
        (5) Investigate procedures for inclusion of school
    districts, public community college districts, and other
    units of local government in programs for the centralized
    purchase of insurance.
        (6) Implement recommendations of the State Property
    Insurance Study Commission that the Department finds
    necessary or desirable in the performance of its powers and
    duties under this Section to achieve efficient and
    comprehensive risk management.
        (7) Prepare and, in the discretion of the Director,
    implement a plan providing for the purchase of public
    liability insurance or for self-insurance for public
    liability or for a combination of purchased insurance and
    self-insurance for public liability (i) covering the State
    and drivers of motor vehicles owned, leased, or controlled
    by the State of Illinois pursuant to the provisions and
    limitations contained in the Illinois Vehicle Code, (ii)
    covering other public liability exposures of the State and
    its employees within the scope of their employment, and
    (iii) covering drivers of motor vehicles not owned, leased,
    or controlled by the State but used by a State employee on
    State business, in excess of liability covered by an
    insurance policy obtained by the owner of the motor vehicle
    or in excess of the dollar amounts that the Department
    shall determine to be reasonable. Any contract of insurance
    let under this Law shall be by bid in accordance with the
    procedure set forth in the Illinois Purchasing Act. Any
    provisions for self-insurance shall conform to subdivision
    (11).
        The term "employee" as used in this subdivision (7) and
    in subdivision (11) means a person while in the employ of
    the State who is a member of the staff or personnel of a
    State agency, bureau, board, commission, committee,
    department, university, or college or who is a State
    officer, elected official, commissioner, member of or ex
    officio member of a State agency, bureau, board,
    commission, committee, department, university, or college,
    or a member of the National Guard while on active duty
    pursuant to orders of the Governor of the State of
    Illinois, or any other person while using a licensed motor
    vehicle owned, leased, or controlled by the State of
    Illinois with the authorization of the State of Illinois,
    provided the actual use of the motor vehicle is within the
    scope of that authorization and within the course of State
    service.
        Subsequent to payment of a claim on behalf of an
    employee pursuant to this Section and after reasonable
    advance written notice to the employee, the Director may
    exclude the employee from future coverage or limit the
    coverage under the plan if (i) the Director determines that
    the claim resulted from an incident in which the employee
    was grossly negligent or had engaged in willful and wanton
    misconduct or (ii) the Director determines that the
    employee is no longer an acceptable risk based on a review
    of prior accidents in which the employee was at fault and
    for which payments were made pursuant to this Section.
        The Director is authorized to promulgate
    administrative rules that may be necessary to establish and
    administer the plan.
        Appropriations from the Road Fund shall be used to pay
    auto liability claims and related expenses involving
    employees of the Department of Transportation, the
    Illinois State Police, and the Secretary of State.
        (8) Charge, collect, and receive from all other
    agencies of the State government fees or monies equivalent
    to the cost of purchasing the insurance.
        (9) Establish, through the Director, charges for risk
    management services rendered to State agencies by the
    Department. The State agencies so charged shall reimburse
    the Department by vouchers drawn against their respective
    appropriations. The reimbursement shall be determined by
    the Director as amounts sufficient to reimburse the
    Department for expenditures incurred in rendering the
    service.
        The Department shall charge the employing State agency
    or university for workers' compensation payments for
    temporary total disability paid to any employee after the
    employee has received temporary total disability payments
    for 120 days if the employee's treating physician has
    issued a release to return to work with restrictions and
    the employee is able to perform modified duty work but the
    employing State agency or university does not return the
    employee to work at modified duty. Modified duty shall be
    duties assigned that may or may not be delineated as part
    of the duties regularly performed by the employee. Modified
    duties shall be assigned within the prescribed
    restrictions established by the treating physician and the
    physician who performed the independent medical
    examination. The amount of all reimbursements shall be
    deposited into the Workers' Compensation Revolving Fund
    which is hereby created as a revolving fund in the State
    treasury. In addition to any other purpose authorized by
    law, moneys in the Fund shall be used, subject to
    appropriation, to pay these or other temporary total
    disability claims of employees of State agencies and
    universities.
        Beginning with fiscal year 1996, all amounts recovered
    by the Department through subrogation in workers'
    compensation and workers' occupational disease cases shall
    be deposited into the Workers' Compensation Revolving Fund
    created under this subdivision (9).
        (10) Establish rules, procedures, and forms to be used
    by State agencies in the administration and payment of
    workers' compensation claims. The Department shall
    initially evaluate and determine the compensability of any
    injury that is the subject of a workers' compensation claim
    and provide for the administration and payment of such a
    claim for all State agencies. The Director may delegate to
    any agency with the agreement of the agency head the
    responsibility for evaluation, administration, and payment
    of that agency's claims.
        (10a) If the Director determines it would be in the
    best interests of the State and its employees, prepare and
    implement a plan providing for: (i) the purchase of
    workers' compensation insurance for workers' compensation
    liability; (ii) third-party administration of
    self-insurance, in whole or in part, for workers'
    compensation liability; or (iii) a combination of
    purchased insurance and self-insurance for workers'
    compensation liability, including reinsurance or stop-loss
    insurance. Any contract for insurance or third-party
    administration shall be on terms consistent with State
    policy; awarded in compliance with the Illinois
    Procurement Code; and based on, but not limited to, the
    following criteria: administrative cost, service
    capabilities of the carrier or other contractor and
    premiums, fees, or charges. By April 1 of each year, the
    Director must report and provide information to the State
    Workers' Compensation Program Advisory Board concerning
    the status of the State workers' compensation program for
    the next fiscal year. Information includes, but is not
    limited to, documents, reports of negotiations, bid
    invitations, requests for proposals, specifications,
    copies of proposed and final contracts or agreements, and
    any other materials concerning contracts or agreements for
    the program. By the first of each month thereafter, the
    Director must provide updated, and any new, information to
    the State Workers' Compensation Program Advisory Board
    until the State workers' compensation program for the next
    fiscal year is determined.
        (11) Any plan for public liability self-insurance
    implemented under this Section shall provide that (i) the
    Department shall attempt to settle and may settle any
    public liability claim filed against the State of Illinois
    or any public liability claim filed against a State
    employee on the basis of an occurrence in the course of the
    employee's State employment; (ii) any settlement of such a
    claim is not subject to fiscal year limitations and must be
    approved by the Director and, in cases of settlements
    exceeding $100,000, by the Governor; and (iii) a settlement
    of any public liability claim against the State or a State
    employee shall require an unqualified release of any right
    of action against the State and the employee for acts
    within the scope of the employee's employment giving rise
    to the claim.
        Whenever and to the extent that a State employee
    operates a motor vehicle or engages in other activity
    covered by self-insurance under this Section, the State of
    Illinois shall defend, indemnify, and hold harmless the
    employee against any claim in tort filed against the
    employee for acts or omissions within the scope of the
    employee's employment in any proper judicial forum and not
    settled pursuant to this subdivision (11), provided that
    this obligation of the State of Illinois shall not exceed a
    maximum liability of $2,000,000 for any single occurrence
    in connection with the operation of a motor vehicle or
    $100,000 per person per occurrence for any other single
    occurrence, or $500,000 for any single occurrence in
    connection with the provision of medical care by a licensed
    physician employee.
        Any claims against the State of Illinois under a
    self-insurance plan that are not settled pursuant to this
    subdivision (11) shall be heard and determined by the Court
    of Claims and may not be filed or adjudicated in any other
    forum. The Attorney General of the State of Illinois or the
    Attorney General's designee shall be the attorney with
    respect to all public liability self-insurance claims that
    are not settled pursuant to this subdivision (11) and
    therefore result in litigation. The payment of any award of
    the Court of Claims entered against the State relating to
    any public liability self-insurance claim shall act as a
    release against any State employee involved in the
    occurrence.
        (12) Administer a plan the purpose of which is to make
    payments on final settlements or final judgments in
    accordance with the State Employee Indemnification Act.
    The plan shall be funded through appropriations from the
    General Revenue Fund specifically designated for that
    purpose, except that indemnification expenses for
    employees of the Department of Transportation, the
    Illinois State Police, and the Secretary of State shall be
    paid from the Road Fund. The term "employee" as used in
    this subdivision (12) has the same meaning as under
    subsection (b) of Section 1 of the State Employee
    Indemnification Act. Subject to sufficient appropriation,
    the Director shall approve payment of any claim, without
    regard to fiscal year limitations, presented to the
    Director that is supported by a final settlement or final
    judgment when the Attorney General and the chief officer of
    the public body against whose employee the claim or cause
    of action is asserted certify to the Director that the
    claim is in accordance with the State Employee
    Indemnification Act and that they approve of the payment.
    In no event shall an amount in excess of $150,000 be paid
    from this plan to or for the benefit of any claimant.
        (13) Administer a plan the purpose of which is to make
    payments on final settlements or final judgments for
    employee wage claims in situations where there was an
    appropriation relevant to the wage claim, the fiscal year
    and lapse period have expired, and sufficient funds were
    available to pay the claim. The plan shall be funded
    through appropriations from the General Revenue Fund
    specifically designated for that purpose.
        Subject to sufficient appropriation, the Director is
    authorized to pay any wage claim presented to the Director
    that is supported by a final settlement or final judgment
    when the chief officer of the State agency employing the
    claimant certifies to the Director that the claim is a
    valid wage claim and that the fiscal year and lapse period
    have expired. Payment for claims that are properly
    submitted and certified as valid by the Director shall
    include interest accrued at the rate of 7% per annum from
    the forty-fifth day after the claims are received by the
    Department or 45 days from the date on which the amount of
    payment is agreed upon, whichever is later, until the date
    the claims are submitted to the Comptroller for payment.
    When the Attorney General has filed an appearance in any
    proceeding concerning a wage claim settlement or judgment,
    the Attorney General shall certify to the Director that the
    wage claim is valid before any payment is made. In no event
    shall an amount in excess of $150,000 be paid from this
    plan to or for the benefit of any claimant.
        Nothing in Public Act 84-961 shall be construed to
    affect in any manner the jurisdiction of the Court of
    Claims concerning wage claims made against the State of
    Illinois.
        (14) Prepare and, in the discretion of the Director,
    implement a program for self-insurance for official
    fidelity and surety bonds for officers and employees as
    authorized by the Official Bond Act.
(Source: P.A. 96-928, eff. 6-15-10.)
 
    (20 ILCS 405/405-411)
    Sec. 405-411. Consolidation of workers' compensation
functions.
    (a) Notwithstanding any other law to the contrary, the
Director of Central Management Services, working in
cooperation with the Director of any other agency, department,
board, or commission directly responsible to the Governor, may
direct the consolidation, within the Department of Central
Management Services, of those workers' compensation functions
at that agency, department, board, or commission that are
suitable for centralization.
    Upon receipt of the written direction to transfer workers'
compensation functions to the Department of Central Management
Services, the personnel, equipment, and property (both real and
personal) directly relating to the transferred functions shall
be transferred to the Department of Central Management
Services, and the relevant documents, records, and
correspondence shall be transferred or copied, as the Director
may prescribe.
    (b) Upon receiving written direction from the Director of
Central Management Services, the Comptroller and Treasurer are
authorized to transfer the unexpended balance of any
appropriations related to the workers' compensation functions
transferred to the Department of Central Management Services
and shall make the necessary fund transfers from the General
Revenue Fund, any special fund in the State treasury, or any
other federal or State trust fund held by the Treasurer to the
Workers' Compensation Revolving Fund for use by the Department
of Central Management Services in support of workers'
compensation functions or any other related costs or expenses
of the Department of Central Management Services.
    (c) The rights of employees and the State and its agencies
under the Personnel Code and applicable collective bargaining
agreements or under any pension, retirement, or annuity plan
shall not be affected by any transfer under this Section.
    (d) The functions transferred to the Department of Central
Management Services by this Section shall be vested in and
shall be exercised by the Department of Central Management
Services. Each act done in the exercise of those functions
shall have the same legal effect as if done by the agencies,
offices, divisions, departments, bureaus, boards and
commissions from which they were transferred.
    Every person or other entity shall be subject to the same
obligations and duties and any penalties, civil or criminal,
arising therefrom, and shall have the same rights arising from
the exercise of such rights, powers, and duties as had been
exercised by the agencies, offices, divisions, departments,
bureaus, boards, and commissions from which they were
transferred.
    Whenever reports or notices are now required to be made or
given or papers or documents furnished or served by any person
in regards to the functions transferred to or upon the
agencies, offices, divisions, departments, bureaus, boards,
and commissions from which the functions were transferred, the
same shall be made, given, furnished or served in the same
manner to or upon the Department of Central Management
Services.
    This Section does not affect any act done, ratified, or
cancelled or any right occurring or established or any action
or proceeding had or commenced in an administrative, civil, or
criminal cause regarding the functions transferred, but those
proceedings may be continued by the Department of Central
Management Services.
    This Section does not affect the legality of any rules in
the Illinois Administrative Code regarding the functions
transferred in this Section that are in force on the effective
date of this Section. If necessary, however, the affected
agencies shall propose, adopt, or repeal rules, rule
amendments, and rule recodifications as appropriate to
effectuate this Section.
    (e) There is hereby created within the Department of
Central Management Services an advisory body to be known as the
State Workers' Compensation Program Advisory Board to review,
assess, and provide recommendations to improve the State
workers' compensation program and to ensure that the State
manages the program in the interests of injured workers and
taxpayers. The Governor shall appoint one person to the Board,
who shall serve as the Chairperson. The Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the Minority
Leader of the Senate shall each appoint one person to the
Board. Each member initially appointed to the Board shall serve
a term ending December 31, 2013, and each Board member
appointed thereafter shall serve a 3-year term. A Board member
shall continue to serve on the Board until his or her successor
is appointed. In addition, the Director of the Department of
Central Management Services, the Attorney General, the
Director of the Department of Insurance, the Secretary of the
Department of Transportation, the Director of the Department of
Corrections, the Secretary of the Department of Human Services,
the Director of the Department of Revenue, and the Chairman of
the Illinois Workers' Compensation Commission, or their
designees, shall serve as ex officio, non-voting members of the
Board. Members of the Board shall not receive compensation but
shall be reimbursed from the Workers' Compensation Revolving
Fund for reasonable expenses incurred in the necessary
performance of their duties, and the Department of Central
Management Services shall provide administrative support to
the Board. The Board shall meet at least 3 times per year or
more often if the Board deems it necessary or proper. By
September 30, 2011, the Board shall issue a written report, to
be delivered to the Governor, the Director of the Department of
Central Management Services, and the General Assembly, with a
recommended set of best practices for the State workers'
compensation program. By July 1 of each year thereafter, the
Board shall issue a written report, to be delivered to those
same persons or entities, with recommendations on how to
improve upon such practices.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    Section 10. The Code of Civil Procedure is amended by
changing Section 8-802 as follows:
 
    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)
    Sec. 8-802. Physician and patient. No physician or surgeon
shall be permitted to disclose any information he or she may
have acquired in attending any patient in a professional
character, necessary to enable him or her professionally to
serve the patient, except only (1) in trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or
criminal, against the physician for malpractice, (3) with the
expressed consent of the patient, or in case of his or her
death or disability, of his or her personal representative or
other person authorized to sue for personal injury or of the
beneficiary of an insurance policy on his or her life, health,
or physical condition, (4) in all actions brought by or against
the patient, his or her personal representative, a beneficiary
under a policy of insurance, or the executor or administrator
of his or her estate wherein the patient's physical or mental
condition is an issue, (5) upon an issue as to the validity of
a document as a will of the patient, (6) in any criminal action
where the charge is either first degree murder by abortion,
attempted abortion or abortion, (7) in actions, civil or
criminal, arising from the filing of a report in compliance
with the Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of the patient pursuant to State statute or any court order of
commitment, (9) in prosecutions where written results of blood
alcohol tests are admissible pursuant to Section 11-501.4 of
the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section
5-11a of the Boat Registration and Safety Act, (11) in criminal
actions arising from the filing of a report of suspected
terrorist offense in compliance with Section 29D-10(p)(7) of
the Criminal Code of 1961, or (12) upon the issuance of a
subpoena pursuant to Section 38 of the Medical Practice Act of
1987; the issuance of a subpoena pursuant to Section 25.1 of
the Illinois Dental Practice Act; or the issuance of a subpoena
pursuant to Section 22 of the Nursing Home Administrators
Licensing and Disciplinary Act; or the issuance of a subpoena
pursuant to Section 25.5 of the Workers' Compensation Act.
    In the event of a conflict between the application of this
Section and the Mental Health and Developmental Disabilities
Confidentiality Act to a specific situation, the provisions of
the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 95-478, eff. 8-27-07.)
 
    Section 15. The Workers' Compensation Act is amended by
changing Sections 1, 4, 8, 8.2, 8.7, 11, 13, 13.1, 14, 18, 19,
and 25.5 and by adding Sections 1.1, 4b, 8.1a, 8.1b, 8.2a, 16b,
18.1, 29.1, and 29.2 as follows:
 
    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
    Sec. 1. This Act may be cited as the Workers' Compensation
Act.
    (a) The term "employer" as used in this Act means:
    1. The State and each county, city, town, township,
incorporated village, school district, body politic, or
municipal corporation therein.
    2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary, religious
or charitable corporations or associations who has any person
in service or under any contract for hire, express or implied,
oral or written, and who is engaged in any of the enterprises
or businesses enumerated in Section 3 of this Act, or who at or
prior to the time of the accident to the employee for which
compensation under this Act may be claimed, has in the manner
provided in this Act elected to become subject to the
provisions of this Act, and who has not, prior to such
accident, effected a withdrawal of such election in the manner
provided in this Act.
    3. Any one engaging in any business or enterprise referred
to in subsections 1 and 2 of Section 3 of this Act who
undertakes to do any work enumerated therein, is liable to pay
compensation to his own immediate employees in accordance with
the provisions of this Act, and in addition thereto if he
directly or indirectly engages any contractor whether
principal or sub-contractor to do any such work, he is liable
to pay compensation to the employees of any such contractor or
sub-contractor unless such contractor or sub-contractor has
insured, in any company or association authorized under the
laws of this State to insure the liability to pay compensation
under this Act, or guaranteed his liability to pay such
compensation. With respect to any time limitation on the filing
of claims provided by this Act, the timely filing of a claim
against a contractor or subcontractor, as the case may be,
shall be deemed to be a timely filing with respect to all
persons upon whom liability is imposed by this paragraph.
    In the event any such person pays compensation under this
subsection he may recover the amount thereof from the
contractor or sub-contractor, if any, and in the event the
contractor pays compensation under this subsection he may
recover the amount thereof from the sub-contractor, if any.
    This subsection does not apply in any case where the
accident occurs elsewhere than on, in or about the immediate
premises on which the principal has contracted that the work be
done.
    4. Where an employer operating under and subject to the
provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable
accidental injury in the employment of such borrowing employer
and where such borrowing employer does not provide or pay the
benefits or payments due such injured employee, such loaning
employer is liable to provide or pay all benefits or payments
due such employee under this Act and as to such employee the
liability of such loaning and borrowing employers is joint and
several, provided that such loaning employer is in the absence
of agreement to the contrary entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with reasonable
attorneys' fees and expenses in any hearings before the
Illinois Workers' Compensation Commission or in any action to
secure such reimbursement. Where any benefit is provided or
paid by such loaning employer the employee has the duty of
rendering reasonable cooperation in any hearings, trials or
proceedings in the case, including such proceedings for
reimbursement.
    Where an employee files an Application for Adjustment of
Claim with the Illinois Workers' Compensation Commission
alleging that his claim is covered by the provisions of the
preceding paragraph, and joining both the alleged loaning and
borrowing employers, they and each of them, upon written demand
by the employee and within 7 days after receipt of such demand,
shall have the duty of filing with the Illinois Workers'
Compensation Commission a written admission or denial of the
allegation that the claim is covered by the provisions of the
preceding paragraph and in default of such filing or if any
such denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this Act
shall apply.
    An employer whose business or enterprise or a substantial
part thereof consists of hiring, procuring or furnishing
employees to or for other employers operating under and subject
to the provisions of this Act for the performance of the work
of such other employers and who pays such employees their
salary or wages notwithstanding that they are doing the work of
such other employers shall be deemed a loaning employer within
the meaning and provisions of this Section.
    (b) The term "employee" as used in this Act means:
    1. Every person in the service of the State, including
members of the General Assembly, members of the Commerce
Commission, members of the Illinois Workers' Compensation
Commission, and all persons in the service of the University of
Illinois, county, including deputy sheriffs and assistant
state's attorneys, city, town, township, incorporated village
or school district, body politic, or municipal corporation
therein, whether by election, under appointment or contract of
hire, express or implied, oral or written, including all
members of the Illinois National Guard while on active duty in
the service of the State, and all probation personnel of the
Juvenile Court appointed pursuant to Article VI of the Juvenile
Court Act of 1987, and including any official of the State, any
county, city, town, township, incorporated village, school
district, body politic or municipal corporation therein except
any duly appointed member of a police department in any city
whose population exceeds 200,000 according to the last Federal
or State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State. A
duly appointed member of a fire department in any city, the
population of which exceeds 200,000 according to the last
federal or State census, is an employee under this Act only
with respect to claims brought under paragraph (c) of Section
8.
    One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated village,
school district, body politic or municipal corporation
therein, through its representatives, is not considered as an
employee of the State, county, city, town, township,
incorporated village, school district, body politic or
municipal corporation which made the contract.
    2. Every person in the service of another under any
contract of hire, express or implied, oral or written,
including persons whose employment is outside of the State of
Illinois where the contract of hire is made within the State of
Illinois, persons whose employment results in fatal or
non-fatal injuries within the State of Illinois where the
contract of hire is made outside of the State of Illinois, and
persons whose employment is principally localized within the
State of Illinois, regardless of the place of the accident or
the place where the contract of hire was made, and including
aliens, and minors who, for the purpose of this Act are
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult
employees.
    3. Every sole proprietor and every partner of a business
may elect to be covered by this Act.
    An employee or his dependents under this Act who shall have
a cause of action by reason of any injury, disablement or death
arising out of and in the course of his employment may elect to
pursue his remedy in the State where injured or disabled, or in
the State where the contract of hire is made, or in the State
where the employment is principally localized.
    However, any employer may elect to provide and pay
compensation to any employee other than those engaged in the
usual course of the trade, business, profession or occupation
of the employer by complying with Sections 2 and 4 of this Act.
Employees are not included within the provisions of this Act
when excluded by the laws of the United States relating to
liability of employers to their employees for personal injuries
where such laws are held to be exclusive.
    The term "employee" does not include persons performing
services as real estate broker, broker-salesman, or salesman
when such persons are paid by commission only.
    (c) "Commission" means the Industrial Commission created
by Section 5 of "The Civil Administrative Code of Illinois",
approved March 7, 1917, as amended, or the Illinois Workers'
Compensation Commission created by Section 13 of this Act.
    (d) To obtain compensation under this Act, an employee
bears the burden of showing, by a preponderance of the
evidence, that he or she has sustained accidental injuries
arising out of and in the course of the employment.
(Source: P.A. 93-721, eff. 1-1-05.)
 
    (820 ILCS 305/1.1 new)
    Sec. 1.1. Standards of conduct.
    (a) Commissioners and arbitrators shall dispose of all
Workers' Compensation matters promptly, officially and fairly,
without bias or prejudice. Commissioners and arbitrators shall
be faithful to the law and maintain professional competence in
it. They shall be unswayed by partisan interests, public
clamor, or fear of criticism. Commissioners and arbitrators
shall take appropriate action or initiate appropriate
disciplinary measures against a Commissioner, arbitrator,
lawyer, or others for unprofessional conduct of which the
Commissioner or arbitrator may become aware.
    (b) Except as otherwise provided in this Act, the Canons of
the Code of Judicial Conduct as adopted by the Supreme Court of
Illinois govern the hearing and non-hearing conduct of members
of the Commission and arbitrators under this Act. The
Commission may set additional rules and standards, not less
stringent than those rules and standards established by the
Code of Judicial Conduct, for the conduct of arbitrators.
    (c) The following provisions of the Code of Judicial
Conduct do not apply under this Section:
        (1) Canon 3(B), relating to administrative
    responsibilities of Judges.
        (2) Canon 6(C), relating to annual filings of economic
    interests. Instead of filing declarations of economic
    interests with the Clerk of the Illinois Supreme Court
    under Illinois Supreme Court Rule 68, members of the
    Commission and arbitrators shall make filings
    substantially similar to those required by Rule 68 with the
    Chairman, and such filings shall be made available for
    examination by the public.
    (d) An arbitrator or a Commissioner may accept an
uncompensated appointment to a governmental committee,
commission or other position that is concerned with issues of
policy on matters which may come before the arbitrator or
Commissioner if such appointment neither affects his or her
independent professional judgment nor the conduct of his or her
duties.
    (e) Decisions of an arbitrator or a Commissioner shall be
based exclusively on evidence in the record of the proceeding
and material that has been officially noticed. Any findings of
fact made by the arbitrator based on inquiries, investigations,
examinations, or inspections undertaken by the arbitrator
shall be entered into the record of the proceeding.
    (f) Nothing in this Section shall prohibit an arbitrator
from holding a pre-trial conference in accordance with the
rules of the Commission.
 
    (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 and by the Department of
Insurance Financial and Professional Regulation for the
purposes authorized in subsection (c) of Section 25.5 of this
Act.
    (a-2) Every Employee Leasing Company (ELC), as defined in
Section 15 of the Employee Leasing Company Act, shall at a
minimum provide the following information to the Commission or
any entity designated by the Commission regarding each workers'
compensation insurance policy issued to the ELC:
        (1) Any client company of the ELC listed as an
    additional named insured.
        (2) Any informational schedule attached to the master
    policy that identifies any individual client company's
    name, FEIN, and job location.
        (3) Any certificate of insurance coverage document
    issued to a client company specifying its rights and
    obligations under the master policy that establishes both
    the identity and status of the client, as well as the dates
    of inception and termination of coverage, if applicable.
    (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.
    An investigator with the Illinois Workers' Compensation
Commission Insurance Compliance Division may issue a citation
to any employer that is not in compliance with its obligation
to have workers' compensation insurance under this Act. The
amount of the fine shall be based on the period of time the
employer was in non-compliance, but shall be no less than $500,
and shall not exceed $2,500. An employer that has been issued a
citation shall pay the fine to the Commission and provide to
the Commission proof that it obtained the required workers'
compensation insurance within 10 days after the citation was
issued. This Section does not affect any other obligations this
Act imposes on employers.
    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, or the
knowing and willful failure of an employer to comply with a
citation issued by an investigator with the Illinois Workers'
Compensation Commission Insurance Compliance Division, 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.
    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. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
94-839, eff. 6-6-06.)
 
    (820 ILCS 305/4b new)
    Sec. 4b. Collective bargaining pilot program.
    (a) The Director of the Department of Labor shall adopt a
selection process to designate 2 international, national, or
statewide organizations made up of affiliates who are the
exclusive representatives of construction employer employees
recognized or certified pursuant to the National Labor
Relations Act to participate in the collective bargaining pilot
program provided for in this Section.
    (a-5) For purposes of this Section, the term "construction
employer" means any person or legal entity or group of persons
or legal entities engaging in or planning to engage in any
constructing, altering, reconstructing, repairing,
rehabilitating, refinishing, refurbishing, remodeling,
remediating, renovating, custom fabricating, maintaining,
landscaping, improving, wrecking, painting, decorating,
demolishing, and adding to or subtracting from any building,
structure, airport facility, highway, roadway, street, alley,
bridge, sewer, drain, ditch, sewage disposal plant, water
works, parking facility, railroad, excavation or other
project, structure, development, real property or improvement,
or to do any part thereof, whether or not the performance of
the work herein described involves the addition to, or
fabrication into, any project, structure, development, real
property or improvement herein described, and shall also
include any moving of construction-related materials on the job
site or to or from the job site.
    For purposes of this Section, "labor organization" means an
affiliate of an international, national, or statewide
organization that has been selected by the Department of Labor
to participate in the collective bargaining pilot program as
provided for in this Section.
    (b) Upon appropriate filing, the Commission and the courts
of this State shall recognize as valid and binding any
provision in a collective bargaining agreement between any
construction employer or group of construction employers and a
labor organization, which contains certain obligations and
procedures relating to workers' compensation. This agreement
must be limited to, but need not include, all of the following:
        (1) An alternative dispute resolution ("ADR") system
    to supplement, modify or replace the procedural or dispute
    resolution provisions of this Act. The system may include
    mediation, arbitration, or other dispute resolution
    proceedings, the results of which shall be final and
    binding upon the parties;
        (2) An agreed list of medical treatment providers that
    may be the exclusive source of all medical and related
    treatment provided under this Act;
        (3) The use of a limited list of impartial physicians
    to conduct independent medical examinations;
        (4) The creation of a light duty, modified job, or
    return to work program;
        (5) The use of a limited list of individuals and
    companies for the establishment of vocational
    rehabilitation or retraining programs that may be the
    exclusive source of rehabilitation and retraining services
    provided under this Act; or
        (6) The establishment of joint labor management safety
    committees and safety procedures.
    (c) Void agreements. Nothing in this Section shall be
construed to authorize any provision in a collective bargaining
agreement that diminishes or increases a construction
employer's entitlements under this Act or an employee's
entitlement to benefits as otherwise set forth in this Act. For
the purposes of this Section, the procedural rights and dispute
resolution agreements under subparagraphs (1) through (6) of
subsection (b) of this Section are not agreements which
diminish or increase a construction employer's entitlements
under this Act or an employee's entitlement to benefits under
this Act. Any agreement that diminishes or increases a
construction employer's entitlements under this Act or an
employee's entitlement to benefits as set forth in this Act is
null and void. Nothing in this Section shall be construed as
creating a mandatory subject of bargaining.
    (d) Form of agreement. The agreement reached herein shall
demonstrate that:
        (1) The construction employer or group of construction
    employers and the recognized or certified exclusive
    bargaining representative have entered into a binding
    collective bargaining agreement adopting the ADR plan for a
    period of no less than 2 years;
        (2) Contractual agreements have been reached with the
    construction employer's workers' compensation carrier,
    group self-insurance fund, and any excess carriers
    relating to the ADR plan;
        (3) Procedures have been established by which claims
    for benefits by employees will be lodged, administered, and
    decided while affording procedural due process;
        (4) The plan has designated forms upon which claims for
    benefits shall be made;
        (5) The system and means by which the construction
    employer's obligation to furnish medical services and
    vocational rehabilitation and retraining benefits shall be
    fulfilled and provider selected;
        (6) The method by which mediators or arbitrators are to
    be selected.
    (e) Filing. A copy of the agreement and a statement
identifying the parties to the agreement shall be filed with
the Commission. Within 21 days of receipt of an agreement, the
Chairman shall review the agreement for compliance with this
Section and notify the parties of its acceptance or notify the
parties of any additional information required or any
recommended modification that would bring the agreement into
compliance. If no additional information or modification is
required, the agreement shall be valid and binding from the
time the parties receive acceptance of the agreement from the
Chairman. Upon receipt of any requested information or
modification, the Chairman shall notify the parties within 21
days whether the agreement is in compliance with this Section.
All rejections made by the Chairman under this subsection shall
be subject to review by the courts of this State, 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 review, the Circuit Court
shall have power to review all questions of fact as well as of
law.
    (f) Notice to insurance carrier. If the construction
employer is insured under this Act, it shall provide notice to
and obtain consent from its insurance carrier, in the manner
provided in the insurance contract, of its intent to enter into
an agreement as provided in this Section with its employees.
    (g) Employees' claims for workers' compensation benefits.
        (1) Claims for benefits shall be filed with the ADR
    plan administrator within those periods of limitation
    prescribed by this Act. Within 10 days of the filing of a
    claim, the ADR plan administrator shall serve a copy of the
    claim application upon the Commission, which shall
    maintain records of all ADR claims and resolutions.
        (2) Settlements of claims presented to the ADR plan
    administrator shall be evidenced by a settlement
    agreement. All such settlements shall be filed with the ADR
    plan administrator, who within 10 days shall forward a copy
    to the Commission for recording.
        (3) Upon assignment of claims, unless settled,
    mediators and arbitrators shall render final orders
    containing essential findings of fact, rulings of law and
    referring to other matters as pertinent to the questions at
    issue. The ADR plan administrator shall maintain a record
    of the proceedings.
    (h) Reporting requirements. Annually, each ADR plan
administrator shall submit a report to the Commission
containing the following information:
        (1) The number of employees within the ADR program;
        (2) The number of occurrences of work-related injuries
    or diseases;
        (3) The breakdown within the ADR program of injuries
    and diseases treated;
        (4) The total amount of disability benefits paid within
    the ADR program;
        (5) The total medical treatment cost paid within the
    ADR program;
        (6) The number of claims filed within the ADR program;
    and
        (7) The disposition of all claims.
 
    (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, even if a health care provider sells,
transfers, or otherwise assigns an account receivable for
procedures, treatments, or services covered under this Act. 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
gross 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.
        (4) The following shall apply for injuries occurring on
    or after the effective date of this amendatory Act of the
    97th General Assembly and only when an employer has an
    approved preferred provider program pursuant to Section
    8.1a on the date the employee sustained his or her
    accidental injuries:
            (A) The employer shall, in writing, on a form
        promulgated by the Commission, inform the employee of
        the preferred provider program;
            (B) Subsequent to the report of an injury by an
        employee, the employee may choose in writing at any
        time to decline the preferred provider program, in
        which case that would constitute one of the two choices
        of medical providers to which the employee is entitled
        under subsection (a)(2) or (a)(3); and
            (C) Prior to the report of an injury by an
        employee, when an employee chooses non-emergency
        treatment from a provider not within the preferred
        provider program, that would constitute the employee's
        one choice of medical providers to which the employee
        is entitled under subsection (a)(2) or (a)(3).
    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,
    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,
    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,
    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 or 25 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 150 weeks (if the
accidental injury occurs on or after the effective date of this
amendatory Act of the 94th General Assembly but before February
1, 2006) or 162 weeks (if the accidental injury occurs on or
after February 1, 2006) 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. For
accidental injuries that occur on or after September 1, 2011,
an award for wage differential under this subsection shall be
effective only until the employee reaches the age of 67 or 5
years from the date the award becomes final, whichever is
later.
    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-
            70 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            76 weeks if the accidental injury occurs on or
        after February 1, 2006.
        2. First, or index finger-
            40 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            43 weeks if the accidental injury occurs on or
        after February 1, 2006.
        3. Second, or middle finger-
            35 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            38 weeks if the accidental injury occurs on or
        after February 1, 2006.
        4. Third, or ring finger-
            25 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            27 weeks if the accidental injury occurs on or
        after February 1, 2006.
        5. Fourth, or little finger-
            20 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            22 weeks if the accidental injury occurs on or
        after February 1, 2006.
        6. Great toe-
            35 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            38 weeks if the accidental injury occurs on or
        after February 1, 2006.
        7. Each toe other than great toe-
            12 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            13 weeks if the accidental injury occurs on or
        after February 1, 2006.
        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-
            190 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            205 weeks if the accidental injury occurs on or
        after February 1, 2006.
            190 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        97th General Assembly and if the accidental injury
        involves carpal tunnel syndrome due to repetitive or
        cumulative trauma, in which case the permanent partial
        disability shall not exceed 15% loss of use of the
        hand, except for cause shown by clear and convincing
        evidence and in which case the award shall not exceed
        30% loss of use of the hand.
        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-
            235 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            253 weeks if the accidental injury occurs on or
        after February 1, 2006.
        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 15 weeks (if the accidental injury occurs on or
    after the effective date of this amendatory Act of the 94th
    General Assembly but before February 1, 2006) or an
    additional 17 weeks (if the accidental injury occurs on or
    after February 1, 2006) 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 65 weeks (if the
    accidental injury occurs on or after the effective date of
    this amendatory Act of the 94th General Assembly but before
    February 1, 2006) or an additional 70 weeks (if the
    accidental injury occurs on or after February 1, 2006)
    shall be paid.
        11. Foot-
            155 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            167 weeks if the accidental injury occurs on or
        after February 1, 2006.
        12. Leg-
            200 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            215 weeks if the accidental injury occurs on or
        after February 1, 2006.
        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 25 weeks (if the accidental injury occurs on or
    after the effective date of this amendatory Act of the 94th
    General Assembly but before February 1, 2006) or an
    additional 27 weeks (if the accidental injury occurs on or
    after February 1, 2006) 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 75 weeks (if the accidental injury occurs on or
    after the effective date of this amendatory Act of the 94th
    General Assembly but before February 1, 2006) or an
    additional 81 weeks (if the accidental injury occurs on or
    after February 1, 2006) shall be paid.
        13. Eye-
            150 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            162 weeks if the accidental injury occurs on or
        after February 1, 2006.
        Where an accidental injury results in the enucleation
    of an eye, compensation for an additional 10 weeks (if the
    accidental injury occurs on or after the effective date of
    this amendatory Act of the 94th General Assembly but before
    February 1, 2006) or an additional 11 weeks (if the
    accidental injury occurs on or after February 1, 2006)
    shall be paid.
        14. Loss of hearing of one ear-
            50 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            54 weeks if the accidental injury occurs on or
        after February 1, 2006.
        Total and permanent loss of hearing of both ears-
            200 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            215 weeks if the accidental injury occurs on or
        after February 1, 2006.
        15. Testicle-
            50 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            54 weeks if the accidental injury occurs on or
        after February 1, 2006.
        Both testicles-
            150 weeks if the accidental injury occurs on or
        after the effective date of this amendatory Act of the
        94th General Assembly but before February 1, 2006.
            162 weeks if the accidental injury occurs on or
        after February 1, 2006.
        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 on or after July 20, 2005 but
before the effective date of this amendatory Act of the 94th
General Assembly (Senate Bill 1283 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 July 20, 2005 and accidents occurring on or after the
effective date of this amendatory Act of the 94th General
Assembly (Senate Bill 1283 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; 94-277, eff. 7-20-05;
94-695, eff. 11-16-05.)
 
    (820 ILCS 305/8.1a new)
    Sec. 8.1a. Preferred provider programs. Starting on the
effective date of this amendatory Act of the 97th General
Assembly, to satisfy its liabilities under this Act for the
provision of medical treatment to injured employees, an
employer may utilize a preferred provider program approved by
the Illinois Department of Insurance as in compliance with
Sections 370k, 370l, 370m, and 370p of Article XX-1/2 of the
Illinois Insurance Code. For the purposes of compliance with
these Sections, the employee shall be considered the
"beneficiary" and the employer shall be considered the
"insured". Employers and insurers contracting directly with
providers or utilizing multiple preferred provider programs to
implement a preferred provider program providing workers'
compensation benefits shall be subject to the above
requirements of Article XX-1/2 applicable to administrators
with regard to such program, with the exception of Section 370l
of the Illinois Insurance Code.
    (a) In addition to the above requirements of Article XX-1/2
of the Illinois Insurance Code, all preferred provider programs
under this Section shall meet the following requirements:
        (1) The provider network shall include an adequate
    number of occupational and non-occupational providers.
        (2) The provider network shall include an adequate
    number and type of physicians or other providers to treat
    common injuries experienced by injured workers in the
    geographic area where the employees reside.
        (3) Medical treatment for injuries shall be readily
    available at reasonable times to all employees. To the
    extent feasible, all medical treatment for injuries shall
    be readily accessible to all employees.
        (4) Physician compensation shall not be structured in
    order to achieve the goal of inappropriately reducing,
    delaying, or denying medical treatment or restricting
    access to medical treatment.
        (5) Before entering into any agreement under this
    Section, a program shall establish terms and conditions
    that must be met by noninstitutional providers wishing to
    enter into an agreement with the program. These terms and
    conditions may not discriminate unreasonably against or
    among noninstitutional providers. Neither difference in
    prices among noninstitutional providers produced by a
    process of individual negotiation nor price differences
    among other noninstitutional providers in different
    geographical areas or different specialties constitutes
    unreasonable discrimination.
    (b) The administrator of any preferred provider program
under this Act that uses economic evaluation shall file with
the Director of Insurance a description of any policies and
procedures related to economic evaluation utilized by the
program. The filing shall describe how these policies and
procedures are used in utilization review, peer review,
incentive and penalty programs, and in provider retention and
termination decisions. The Director of Insurance may deny
approval of any preferred provider program that uses any policy
or procedure of economic evaluation to inappropriately reduce,
delay or deny medical treatment, or to restrict access to
medical treatment. Evaluation of providers based upon
objective medical quality and patient outcome measurements,
appropriate use of best clinical practices and evidence based
medicine, and use of health information technology shall be
permitted. If approved, the employer shall provide a copy of
the filing to all participating providers.
        (1) The Director of the Department of Insurance shall
    make each administrator's filing available to the public
    upon request. The Director of the Department of Insurance
    may not publicly disclose any information submitted
    pursuant to this Section that is determined by the Director
    of the Department of Insurance to be confidential,
    proprietary, or trade secret information pursuant to State
    or federal law.
        (2) For the purposes of this subsection (b), "economic
    evaluation" shall mean any evaluation of a particular
    physician, provider, medical group, or individual practice
    association based in whole or in part on the economic costs
    or utilization of services associated with medical care
    provided or authorized by the physician, provider, medical
    group, or individual practice association. Economic
    evaluation shall not include negotiated rates with a
    provider.
    (c) Except for the provisions of subsection (a)(4) of
Section 8 and for injuries occurring on or after the effective
date of this amendatory Act of the 97th General Assembly, an
employee of an employer utilizing a preferred provider program
shall only be allowed to select a participating network
provider from the network. An employer shall be responsible
for: (i) all first aid and emergency treatment; (ii) all
medical, surgical, and hospital services provided by the
participating network provider initially selected by the
employee or by any other participating network provider
recommended by the initial participating network provider or
any subsequent participating network provider in the chain of
referrals from the initial participating network provider; and
(iii) all medical, surgical, and hospital services provided by
the participating network provider subsequently chosen by the
employee or by any other participating network provider
recommended by the subsequent participating network provider
or any subsequent participating network provider in the chain
of referrals from the second participating network provider. An
employer shall not be liable for services determined by the
Commission not to be compensable. An employer shall not be
liable for medical services provided by a non-authorized
provider when proper notice is provided to the injured worker.
        (1) When the injured employee notifies the employer of
    the injury or files a claim for workers' compensation with
    the employer, the employer shall notify the employee of his
    or her right to be treated by a physician of his or her
    choice from the preferred provider network established
    pursuant to this Section, and the method by which the list
    of participating network providers may be accessed by the
    employee, except as provided in subsection (a)(4) of
    Section 8.
        (2) Consistent with Article XX-1/2 of the Illinois
    Insurance Code, treatment by a specialist who is not a
    member of the preferred provider network shall be permitted
    on a case-by-case basis if the medical provider network
    does not contain a physician who can provide the approved
    treatment, and if the employee has complied with any
    pre-authorization requirements of the preferred provider
    network. Consent for the employee to visit an
    out-of-network provider may not be unreasonably withheld.
    When a non-network provider is authorized pursuant to this
    subparagraph (2), the non-network provider shall not hold
    an employee liable for costs except as provided in
    subsection (e) of Section 8.2.
        (3) The Director shall not approve, and may withdraw
    prior approval of, a preferred provider program that fails
    to provide an injured employee with sufficient access to
    necessary treating physicians, surgeons, and specialists.
    (d) Except as provided in subsection (a)(4) of Section 8,
upon a finding by the Commission that the care being rendered
by the employee's second choice of provider within the
employer's network is improper or inadequate, the employee may
then choose a provider outside of the network at the employer's
expense. The Commission shall issue a decision on any petition
filed pursuant to this Section within 5 working days.
    (e) The Director of the Department of Insurance may
promulgate such rules as are necessary to carry out the
provisions of this Section relating to approval and regulation
of preferred provider programs.
 
    (820 ILCS 305/8.1b new)
    Sec. 8.1b. Determination of permanent partial disability.
For accidental injuries that occur on or after September 1,
2011, permanent partial disability shall be established using
the following criteria:
    (a) A physician licensed to practice medicine in all of its
branches preparing a permanent partial disability impairment
report shall report the level of impairment in writing. The
report shall include an evaluation of medically defined and
professionally appropriate measurements of impairment that
include, but are not limited to: loss of range of motion; loss
of strength; measured atrophy of tissue mass consistent with
the injury; and any other measurements that establish the
nature and extent of the impairment. The most current edition
of the American Medical Association's "Guides to the Evaluation
of Permanent Impairment" shall be used by the physician in
determining the level of impairment.
    (b) In determining the level of permanent partial
disability, the Commission shall base its determination on the
following factors: (i) the reported level of impairment
pursuant to subsection (a); (ii) the occupation of the injured
employee; (iii) the age of the employee at the time of the
injury; (iv) the employee's future earning capacity; and (v)
evidence of disability corroborated by the treating medical
records. No single enumerated factor shall be the sole
determinant of disability. In determining the level of
disability, the relevance and weight of any factors used in
addition to the level of impairment as reported by the
physician must be explained in a written order.
 
    (820 ILCS 305/8.2)
    Sec. 8.2. Fee schedule.
    (a) Except as provided for in subsection (c), for
procedures, treatments, or services covered under this Act and
rendered or to be rendered on and after February 1, 2006, the
maximum allowable payment 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.
Providers of out-of-state procedures, treatments, services,
products, or supplies shall be reimbursed at the lesser of that
state's fee schedule amount or the fee schedule amount for the
region in which the employee resides. If no fee schedule exists
in that state, the provider shall be reimbursed at the lesser
of the actual charge or the fee schedule amount for the region
in which the employee resides. 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.
    (a-1) Notwithstanding the provisions of subsection (a) and
unless otherwise indicated, the following provisions shall
apply to the medical fee schedule starting on September 1,
2011:
        (1) The Commission shall establish and maintain fee
    schedules for procedures, treatments, products, services,
    or supplies for hospital inpatient, hospital outpatient,
    emergency room, ambulatory surgical treatment centers,
    accredited ambulatory surgical treatment facilities,
    prescriptions filled and dispensed outside of a licensed
    pharmacy, dental services, and professional services. This
    fee schedule shall be based on the fee schedule amounts
    already established by the Commission pursuant to
    subsection (a) of this Section. However, starting on
    January 1, 2012, these fee schedule amounts shall be
    grouped into geographic regions in the following manner:
            (A) Four regions for non-hospital fee schedule
        amounts shall be utilized:
                (i) Cook County;
                (ii) DuPage, Kane, Lake, and Will Counties;
                (iii) Bond, Calhoun, Clinton, Jersey,
            Macoupin, Madison, Monroe, Montgomery, Randolph,
            St. Clair, and Washington Counties; and
                (iv) All other counties of the State.
            (B) Fourteen regions for hospital fee schedule
        amounts shall be utilized:
                (i) Cook, DuPage, Will, Kane, McHenry, DeKalb,
            Kendall, and Grundy Counties;
                (ii) Kankakee County;
                (iii) Madison, St. Clair, Macoupin, Clinton,
            Monroe, Jersey, Bond, and Calhoun Counties;
                (iv) Winnebago and Boone Counties;
                (v) Peoria, Tazewell, Woodford, Marshall, and
            Stark Counties;
                (vi) Champaign, Piatt, and Ford Counties;
                (vii) Rock Island, Henry, and Mercer Counties;
                (viii) Sangamon and Menard Counties;
                (ix) McLean County;
                (x) Lake County;
                (xi) Macon County;
                (xii) Vermilion County;
                (xiii) Alexander County; and
                (xiv) All other counties of the State.
        (2) If a geozip, as defined in subsection (a) of this
    Section, overlaps into one or more of the regions set forth
    in this Section, then the Commission shall average or
    repeat the charges and fees in a geozip in order to
    designate charges and fees for each region.
        (3) In cases where the compiled data contains less than
    9 charges or fees for a procedure, treatment, product,
    supply, or service or where the fee schedule amount cannot
    be determined by the non-discounted charge data,
    non-Medicare relative values and conversion factors
    derived from established fee schedule amounts, coding
    crosswalks, or other data as determined by the Commission,
    reimbursement shall occur at 76% of charges and fees until
    September 1, 2011 and 53.2% of charges and fees thereafter
    as determined by the Commission in a manner consistent with
    the provisions of this paragraph.
        (4) To establish additional fee schedule amounts, the
    Commission shall utilize provider non-discounted charge
    data, non-Medicare relative values and conversion factors
    derived from established fee schedule amounts, and coding
    crosswalks. The Commission may establish additional fee
    schedule amounts based on either the charge or cost of the
    procedure, treatment, product, supply, or service.
        (5) Implants shall be reimbursed at 25% above the net
    manufacturer's invoice price less rebates, plus actual
    reasonable and customary shipping charges whether or not
    the implant charge is submitted by a provider in
    conjunction with a bill for all other services associated
    with the implant, submitted by a provider on a separate
    claim form, submitted by a distributor, or submitted by the
    manufacturer of the implant. "Implants" include the
    following codes or any substantially similar updated code
    as determined by the Commission: 0274
    (prosthetics/orthotics); 0275 (pacemaker); 0276 (lens
    implant); 0278 (implants); 0540 and 0545 (ambulance); 0624
    (investigational devices); and 0636 (drugs requiring
    detailed coding). Non-implantable devices or supplies
    within these codes shall be reimbursed at 65% of actual
    charge, which is the provider's normal rates under its
    standard chargemaster. A standard chargemaster is the
    provider's list of charges for procedures, treatments,
    products, supplies, or services used to bill payers in a
    consistent manner.
        (6) The Commission shall automatically update all
    codes and associated rules with the version of the codes
    and rules valid on January 1 of that year.
    (a-2) For procedures, treatments, services, or supplies
covered under this Act and rendered or to be rendered on or
after September 1, 2011, the maximum allowable payment shall be
70% of the fee schedule amounts, which shall be adjusted yearly
by the Consumer Price Index-U, as described in subsection (a)
of this Section.
    (a-3) Prescriptions filled and dispensed outside of a
licensed pharmacy shall be subject to a fee schedule that shall
not exceed the Average Wholesale Price (AWP) plus a dispensing
fee of $4.18. AWP or its equivalent as registered by the
National Drug Code shall be set forth for that drug on that
date as published in Medispan.
    (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.
        (1) All payments to providers for treatment provided
    pursuant to this Act shall be made within 30 60 days of
    receipt of the bills as long as the claim contains
    substantially all the required data elements necessary to
    adjudicate the bills.
        (2) If the claim does not contain substantially all the
    required data elements necessary to adjudicate the bill, or
    the claim is denied for any other reason, in whole or in
    part, the employer or insurer shall provide written
    notification, explaining the basis for the denial and
    describing any additional necessary data elements, to the
    provider within 30 days of receipt of the bill.
        (3) In the case of nonpayment to a provider within 30
    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. Any required interest
    payments shall be made within 30 days after payment.
    (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, or for medical services or treatment determined by the
Commission to be excessive or unnecessary.
    (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.
(Source: P.A. 94-277, eff. 7-20-05; 94-695, eff. 11-16-05.)
 
    (820 ILCS 305/8.2a new)
    Sec. 8.2a. Electronic claims.
    (a) The Director of Insurance shall adopt rules to do all
of the following:
        (1) Ensure that all health care providers and
    facilities submit medical bills for payment on
    standardized forms.
        (2) Require acceptance by employers and insurers of
    electronic claims for payment of medical services.
        (3) Ensure confidentiality of medical information
    submitted on electronic claims for payment of medical
    services.
    (b) To the extent feasible, standards adopted pursuant to
subdivision (a) shall be consistent with existing standards
under the federal Health Insurance Portability and
Accountability Act of 1996 and standards adopted under the
Illinois Health Information Exchange and Technology Act.
    (c) The rules requiring employers and insurers to accept
electronic claims for payment of medical services shall be
proposed on or before January 1, 2012, and shall require all
employers and insurers to accept electronic claims for payment
of medical services on or before June 30, 2012.
    (d) The Director of Insurance shall by rule establish
criteria for granting exceptions to employers, insurance
carriers, and health care providers who are unable to submit or
accept medical bills electronically.
 
    (820 ILCS 305/8.7)
    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
of or nationally recognized peer review guidelines as well as
nationally recognized treatment guidelines and evidence-based
medicine 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
(for purposes of this sentence, retrospective review shall be
applicable to services rendered on or after July 20, 2005).
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 Insurance 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 Director Secretary of Insurance
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 Insurance 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 Department of Insurance Secretary of Financial and
Professional Regulation may by rule establish a registration
fee for each person conducting a utilization review program.
    (i) Upon receipt of written notice that the employer or the
employer's agent or insurer wishes to invoke the utilization
review process, the provider of medical, surgical, or hospital
services shall submit to the utilization review, following
accredited procedural guidelines.
        (1) The provider shall make reasonable efforts to
    provide timely and complete reports of clinical
    information needed to support a request for treatment. If
    the provider fails to make such reasonable efforts, the
    charges for the treatment or service may not be compensable
    nor collectible by the provider or claimant from the
    employer, the employer's agent, or the employee. The
    reporting obligations of providers shall not be
    unreasonable or unduly burdensome.
        (2) Written notice of utilization review decisions,
    including the clinical rationale for certification or
    non-certification and references to applicable standards
    of care or evidence-based medical guidelines, shall be
    furnished to the provider and employee.
        (3) An employer may only deny payment of or refuse to
    authorize payment of medical services rendered or proposed
    to be rendered on the grounds that the extent and scope of
    medical treatment is excessive and unnecessary in
    compliance with an accredited utilization review program
    under this Section.
        (4) When a payment for medical services has been denied
    or not authorized by an employer or when authorization for
    medical services is denied pursuant to utilization review,
    the employee has the burden of proof to show by a
    preponderance of the evidence that a variance from the
    standards of care used by the person or entity performing
    the utilization review pursuant to subsection (a) is
    reasonably required to cure or relieve the effects of his
    or her injury.
        (5) The medical professional responsible for review in
    the final stage of utilization review or appeal must be
    available in this State for interview or deposition; or
    must be available for deposition by telephone, video
    conference, or other remote electronic means. A medical
    professional who works or resides in this State or outside
    of this State may comply with this requirement by making
    himself or herself available for an interview or deposition
    in person or by making himself or herself available by
    telephone, video conference, or other remote electronic
    means. The remote interview or deposition shall be
    conducted in a fair, open, and cost-effective manner. The
    expense of interview and the deposition method shall be
    paid by the employer. The deponent shall be in the presence
    of the officer administering the oath and recording the
    deposition, unless otherwise agreed by the parties. Any
    exhibits or other demonstrative evidence to be presented to
    the deponent by any party at the deposition shall be
    provided to the officer administering the oath and all
    other parties within a reasonable period of time prior to
    the deposition. Nothing shall prohibit any party from being
    with the deponent during the deposition, at that party's
    expense; provided, however, that a party attending a
    deposition shall give written notice of that party's
    intention to appear at the deposition to all other parties
    within a reasonable time prior to the deposition.
    An admissible A utilization review shall will be considered
by the Commission, along with all other evidence and in the
same manner as all other evidence, and must be addressed along
with 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.
    The changes to this Section made by this amendatory Act of
the 97th General Assembly apply only to health care services
provided or proposed to be provided on or after September 1,
2011.
(Source: P.A. 94-277, eff. 7-20-05; 94-695, eff. 11-16-05.)
 
    (820 ILCS 305/11)  (from Ch. 48, par. 138.11)
    Sec. 11. The compensation herein provided, together with
the provisions of this Act, shall be the measure of the
responsibility of any employer engaged in any of the
enterprises or businesses enumerated in Section 3 of this Act,
or of any employer who is not engaged in any such enterprises
or businesses, but who has elected to provide and pay
compensation for accidental injuries sustained by any employee
arising out of and in the course of the employment according to
the provisions of this Act, and whose election to continue
under this Act, has not been nullified by any action of his
employees as provided for in this Act.
    Accidental injuries incurred while participating in
voluntary recreational programs including but not limited to
athletic events, parties and picnics do not arise out of and in
the course of the employment even though the employer pays some
or all of the cost thereof. This exclusion shall not apply in
the event that the injured employee was ordered or assigned by
his employer to participate in the program.
    Accidental injuries incurred while participating as a
patient in a drug or alcohol rehabilitation program do not
arise out of and in the course of employment even though the
employer pays some or all of the costs thereof.
    Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by this amendatory Act of
the 93rd General Assembly is declarative of existing law and is
not a new enactment.
    No compensation shall be payable if (i) the employee's
intoxication is the proximate cause of the employee's
accidental injury or (ii) at the time the employee incurred the
accidental injury, the employee was so intoxicated that the
intoxication constituted a departure from the employment.
Admissible evidence of the concentration of (1) alcohol, (2)
cannabis as defined in the Cannabis Control Act, (3) a
controlled substance listed in the Illinois Controlled
Substances Act, or (4) an intoxicating compound listed in the
Use of Intoxicating Compounds Act in the employee's blood,
breath, or urine at the time the employee incurred the
accidental injury shall be considered in any hearing under this
Act to determine whether the employee was intoxicated at the
time the employee incurred the accidental injuries. If at the
time of the accidental injuries, there was 0.08% or more by
weight of alcohol in the employee's blood, breath, or urine or
if there is any evidence of impairment due to the unlawful or
unauthorized use of (1) cannabis as defined in the Cannabis
Control Act, (2) a controlled substance listed in the Illinois
Controlled Substances Act, or (3) an intoxicating compound
listed in the Use of Intoxicating Compounds Act or if the
employee refuses to submit to testing of blood, breath, or
urine, then there shall be a rebuttable presumption that the
employee was intoxicated and that the intoxication was the
proximate cause of the employee's injury. The employee may
overcome the rebuttable presumption by the preponderance of the
admissible evidence that the intoxication was not the sole
proximate cause or proximate cause of the accidental injuries.
Percentage by weight of alcohol in the blood shall be based on
grams of alcohol per 100 milliliters of blood. Percentage by
weight of alcohol in the breath shall be based upon grams of
alcohol per 210 liters of breath. Any testing that has not been
performed by an accredited or certified testing laboratory
shall not be admissible in any hearing under this Act to
determine whether the employee was intoxicated at the time the
employee incurred the accidental injury.
    All sample collection and testing for alcohol and drugs
under this Section shall be performed in accordance with rules
to be adopted by the Commission. These rules shall ensure:
        (1) compliance with the National Labor Relations Act
    regarding collective bargaining agreements or regulations
    promulgated by the United States Department of
    Transportation;
        (2) that samples are collected and tested in
    conformance with national and State legal and regulatory
    standards for the privacy of the individual being tested,
    and in a manner reasonably calculated to prevent
    substitutions or interference with the collection or
    testing of reliable sample;
        (3) that split testing procedures are utilized;
        (4) that sample collection is documented, and the
    documentation procedures include:
            (A) the labeling of samples in a manner so as to
        reasonably preclude the probability of erroneous
        identification of test result; and
            (B) an opportunity for the employee to provide
        notification of any information which he or she
        considers relevant to the test, including
        identification of currently or recently used
        prescription or nonprescription drugs and other
        relevant medical information;
        (5) that sample collection, storage, and
    transportation to the place of testing is performed in a
    manner so as to reasonably preclude the probability of
    sample contamination or adulteration; and
        (6) that chemical analyses of blood, urine, breath, or
    other bodily substance are performed according to
    nationally scientifically accepted analytical methods and
    procedures.
    The changes to this Section made by this amendatory Act of
the 97th General Assembly apply only to accidental injuries
that occur on or after September 1, 2011.
(Source: P.A. 93-829, eff. 7-28-04.)
 
    (820 ILCS 305/13)  (from Ch. 48, par. 138.13)
    Sec. 13. There is created an Illinois Workers' Compensation
Commission consisting of 10 members to be appointed by the
Governor, by and with the consent of the Senate, 3 of whom
shall be representative citizens of the employing class
operating under this Act and 3 of whom shall be representative
citizens of the class of employees covered under this Act, and
4 of whom shall be representative citizens not identified with
either the employing or employee classes. Not more than 6
members of the Commission shall be of the same political party.
    One of the 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; .
        (h) professional and ethical standards pursuant to
    Section 1.1 of this Act;
        (i) detection of workers' compensation fraud and
    reporting obligations of Commission employees and
    appointees;
        (j) standards of evidence-based medical treatment and
    best practices for measuring and improving quality and
    health care outcomes in the workers' compensation system,
    including but not limited to the use of the American
    Medical Association's "Guides to the Evaluation of
    Permanent Impairment" and the practice of utilization
    review; and
        (k) substantive and procedural aspects of coal
    workers' pneumoconiosis (black lung) cases.
    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. Each Commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years such Commissioner shall remain in office.
    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;
94-277, eff. 7-20-05.)
 
    (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 of 12
members appointed by the Governor with the advice and consent
of the Senate. Six members of the Advisory Board shall be
representative citizens chosen from the employee class, and 6
members shall be representative citizens chosen from the
employing 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 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. Seven 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. 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, reviewing advisory rates filed by an advisory
organization as defined in Section 463 of the Illinois
Insurance Code, and establishing short and long range
administrative goals. Prior to making the (1) initial set of
arbitrator appointments pursuant to this amendatory Act of the
97th General Assembly and (2) appointment of Commissioners,
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.
    (d) The terms of all Advisory Board members serving on the
effective date of this amendatory Act of the 97th General
Assembly are terminated. The Governor shall appoint new members
to the Advisory Board within 30 days after the effective date
of the amendatory Act of the 97th General Assembly, subject to
the advice and consent of the Senate.
(Source: P.A. 94-277, eff. 7-20-05; 94-695, eff. 11-16-05.)
 
    (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. Arbitrators
shall be appointed pursuant to this Section, notwithstanding
any provision of the Personnel Code.
    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; .
        (h) professional and ethical standards pursuant to
    Section 1.1 of this Act;
        (i) detection of workers' compensation fraud and
    reporting obligations of Commission employees and
    appointees;
        (j) standards of evidence-based medical treatment and
    best practices for measuring and improving quality and
    health care outcomes in the workers' compensation system,
    including but not limited to the use of the American
    Medical Association's "Guides to the Evaluation of
    Permanent Impairment" and the practice of utilization
    review; and
        (k) substantive and procedural aspects of coal
    workers' pneumoconiosis (black lung) cases.
    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
complete 20 hours of training in the above-noted areas during
every 2 years such arbitrator shall remain in office.
    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.
    Notwithstanding any other provision of this Section, the
term of all arbitrators serving on the effective date of this
amendatory Act of the 97th General Assembly, including any
arbitrators on administrative leave, shall terminate at the
close of business on July 1, 2011, but the incumbents shall
continue to exercise all of their duties until they are
reappointed or their successors are appointed.
    On and after the effective date of this amendatory Act of
the 97th General Assembly, arbitrators shall be appointed to
3-year terms by the full Commission, except that initial
appointments made on and after the effective date of this
amendatory Act of the 97th General Assembly shall be made as
follows:
        (1) All appointments shall be made by the Governor with
    the advice and consent of the Senate.
        (2) 12 arbitrators shall be appointed to terms expiring
    July 1, 2012; 12 arbitrators shall be appointed to terms
    expiring July 1, 2013; and all additional arbitrators shall
    be appointed to terms expiring July 1, 2014.
    Upon the expiration of a term, the Chairman shall evaluate
the performance of the arbitrator and may recommend that he or
she be reappointed to a second or subsequent term by the full
Commission.
    Each arbitrator appointed on or after the effective date of
this amendatory Act of the 97th General Assembly and who has
not previously served as an arbitrator for the Commission shall
be required to be authorized to practice law in this State by
the Supreme Court, and to maintain this authorization
throughout his or her term of employment.
    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 of 10 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 changes made
to this Section by this amendatory Act of the 97th General
Assembly shall prevail over any conflict with the Personnel
Code. The Chairman shall allow input from the Commissioners in
all such reviews.
    The Commission shall assign no fewer than 3 arbitrators to
each hearing site. The Commission shall establish a procedure
to ensure that the arbitrators assigned to each hearing site
are assigned cases on a random basis. No arbitrator shall hear
cases in any county, other than Cook County, for more than 2
years in each 3-year term.
    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; 94-277, eff. 7-20-05.)
 
    (820 ILCS 305/16b new)
    Sec. 16b. Gift ban.
    (a) An attorney appearing before the Commission shall not
provide compensation or any gift to any person in exchange for
the referral of a client involving a matter to be heard before
the Commission except for a division of a fee between lawyers
who are not in the same firm in accordance with Rule 1.5 of the
Code of Professional Responsibility. For purposes of this
Section, "gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or any other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria except for food
or refreshments not exceeding $75 per person in value on a
single calendar day, provided that the food or refreshments are
(1) consumed on the premises from which they were purchased or
prepared or (2) catered. "Catered" means food or refreshments
that are purchased ready to eat and delivered by any means.
    (b) Violation of this Section is a Class A misdemeanor.
 
    (820 ILCS 305/18)  (from Ch. 48, par. 138.18)
    Sec. 18. All questions arising under this Act, if not
settled by agreement of the parties interested therein, shall,
except as otherwise provided, be determined by the Commission.
Claims from current and former employees of the Commission
shall be determined in accordance with Section 18.1 of this
Act.
(Source: Laws 1951, p. 1060.)
 
    (820 ILCS 305/18.1 new)
    Sec. 18.1. Claims by former and current employees of the
Commission. All claims by current and former employees and
appointees of the Commission shall be assigned to a certified
independent arbitrator not employed by the Commission
designated by the Chairman. The Chairman shall designate an
arbitrator from a list of approved certified arbitrators
provided by the Commission Review Board. If the Chairman is the
claimant, then the independent arbitrator from the approved
list shall be designated by the longest serving Commissioner.
The designated independent arbitrator shall have the authority
of arbitrators of the Commission regarding settlement and
adjudication of the claim of the current and former employees
and appointees of the Commission. The decision of the
independent arbitrator shall become the decision of the
Commission. An appeal of the independent arbitrator's decision
shall be subject to judicial review in accordance with
subsection (f) of Section 19.
 
    (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, 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 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 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 other than those claims under Section 18.1, 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 30 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.
    (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; 94-277, eff. 7-20-05.)
 
    (820 ILCS 305/25.5)
    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 Department 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).
        (9) Intentionally present a bill or statement for the
    payment for medical services that were not provided.
    For the purposes of paragraphs (2), (3), (5), (6), and (7),
and (9), 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) Sentences for violations of subsection (a) are as
follows: 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.
        (1) A violation in which the value of the property
    obtained or attempted to be obtained is $300 or less is a
    Class A misdemeanor.
        (2) A violation in which the value of the property
    obtained or attempted to be obtained is more than $300 but
    not more than $10,000 is a Class 3 felony.
        (3) A violation in which the value of the property
    obtained or attempted to be obtained is more than $10,000
    but not more than $100,000 is a Class 2 felony.
        (4) A violation in which the value of the property
    obtained or attempted to be obtained is more than $100,000
    is a Class 1 felony.
        (5) A person convicted under this Section shall be
    ordered to pay monetary restitution to the insurance
    company or self-insured entity or any other person for any
    financial loss sustained as a result of a violation of this
    Section, including any court costs and attorney fees. An
    order of restitution also includes expenses incurred and
    paid by the State of Illinois or an insurance company or
    self-insured entity in connection with any medical
    evaluation or treatment services.
    For the purposes of this Section, where the exact value of
property obtained or attempted to be obtained is either not
alleged or is not specifically set by the terms of a policy of
insurance, the value of the property shall be the fair market
replacement value of the property claimed to be lost, the
reasonable costs of reimbursing a vendor or other claimant for
services to be rendered, or both. Notwithstanding the
foregoing, an insurance company, self-insured entity, or any
other person suffering financial loss sustained as a result of
violation of this Section may seek restitution, including court
costs and attorney's fees in a civil action in a court of
competent jurisdiction.
    (c) The Department 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 Special Prosecutions Bureau
of the Criminal Division of the Office of 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 Department Division
of Insurance, including the authority to issue a subpoena to a
medical provider, pursuant to Section 8-802 of the Code of
Civil Procedure.
    (d) Any person may report allegations of insurance
non-compliance and fraud pursuant to this Section to the
Department 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 related to an employee's
claim 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 destroyed upon the expiration of the
statute of limitations for the acts under investigation
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, third party
administrator, self-insured, or similar entity 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.
    (e-5) The fraud and insurance non-compliance unit shall
procure and implement a system utilizing advanced analytics
inclusive of predictive modeling, data mining, social network
analysis, and scoring algorithms for the detection and
prevention of fraud, waste, and abuse on or before January 1,
2012. The fraud and insurance non-compliance unit shall procure
this system using a request for proposals process governed by
the Illinois Procurement Code and rules adopted under that
Code. The fraud and insurance non-compliance unit shall provide
a report to the President of the Senate, Speaker of the House
of Representatives, Minority Leader of the House of
Representatives, Minority Leader of the Senate, Governor,
Chairman of the Commission, and Director of Insurance on or
before July 1, 2012 and annually thereafter detailing its
activities and providing recommendations regarding
opportunities for additional fraud waste and abuse detection
and prevention.
    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) The All proceedings under this Section shall be
reported by the fraud and insurance non-compliance unit shall
submit a written report on an annual basis to the Chairman of
the Commission, the Workers' Compensation Advisory Board, the
General Assembly, the Governor, and the Attorney General by
January 1 and July 1 of each year. This report shall include,
at the minimum, the following information:
        (1) The number of allegations of insurance
    non-compliance and fraud reported to the fraud and
    insurance non-compliance unit.
        (2) The source of the reported allegations
    (individual, employer, or other).
        (3) The number of allegations investigated by the fraud
    and insurance non-compliance unit.
        (4) The number of criminal referrals made in accordance
    with this Section and the entity to which the referral was
    made.
        (5) All proceedings under this Section.
(Source: P.A. 94-277, eff. 7-20-05.)
 
    (820 ILCS 305/29.1 new)
    Sec. 29.1. Recalculation of premiums. On the effective date
of this amendatory Act of the 97th General Assembly, the
Director of Insurance shall immediately direct in writing any
workers' compensation rate setting advisory organization to
recalculate workers' compensation advisory premium rates and
assigned risk pool premium rates so that those premiums
incorporate the provisions of this amendatory Act of the 97th
General Assembly, and to publish such rates on or before
September 1, 2011.
 
    (820 ILCS 305/29.2 new)
    Sec. 29.2. Insurance oversight.
    (a) The Department of Insurance shall annually submit to
the Governor, the Chairman of the Commission, the President of
the Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the
House of Representatives a written report that details the
state of the workers' compensation insurance market in
Illinois. The report shall be completed by April 1 of each
year, beginning in 2012, or later if necessary data or analyses
are only available to the Department at a later date. The
report shall be posted on the Department of Insurance's
Internet website. Information to be included in the report
shall be for the preceding calendar year. The report shall
include, at a minimum, the following:
        (1) Gross premiums collected by workers' compensation
    carriers in Illinois and the national rank of Illinois
    based on premium volume.
        (2) The number of insurance companies actively engaged
    in Illinois in the workers' compensation insurance market,
    including both holding companies and subsidiaries or
    affiliates, and the national rank of Illinois based on
    number of competing insurers.
        (3) The total number of insured participants in the
    Illinois workers' compensation assigned risk insurance
    pool, and the size of the assigned risk pool as a
    proportion of the total Illinois workers' compensation
    insurance market.
        (4) The advisory organization premium rate for
    workers' compensation insurance in Illinois for the
    previous year.
        (5) The advisory organization prescribed assigned risk
    pool premium rate.
        (6) The total amount of indemnity payments made by
    workers' compensation insurers in Illinois.
        (7) The total amount of medical payments made by
    workers' compensation insurers in Illinois, and the
    national rank of Illinois based on average cost of medical
    claims per injured worker.
        (8) The gross profitability of workers' compensation
    insurers in Illinois, and the national rank of Illinois
    based on profitability of workers' compensation insurers.
        (9) The loss ratio of workers' compensation insurers in
    Illinois and the national rank of Illinois based on the
    loss ratio of workers' compensation insurers. For purposes
    of this loss ratio calculation, the denominator shall
    include all premiums and other fees collected by workers'
    compensation insurers and the numerator shall include the
    total amount paid by the insurer for care or compensation
    to injured workers.
        (10) The growth of total paid indemnity benefits by
    temporary total disability, scheduled and non-scheduled
    permanent partial disability, and total disability.
        (11) The number of injured workers receiving wage loss
    differential awards and the average wage loss differential
    award payout.
        (12) Illinois' rank, relative to other states, for:
            (i) the maximum and minimum temporary total
        disability benefit level;
            (ii) the maximum and minimum scheduled and
        non-scheduled permanent partial disability benefit
        level;
            (iii) the maximum and minimum total disability
        benefit level; and
            (iv) the maximum and minimum death benefit level.
        (13) The aggregate growth of medical benefit payout by
    non-hospital providers and hospitals.
        (14) The aggregate growth of medical utilization for
    the top 10 most common injuries to specific body parts by
    non-hospital providers and hospitals.
        (15) The percentage of injured workers filing claims at
    the Commission that are represented by an attorney.
        (16) The total amount paid by injured workers for
    attorney representation.
    (b) The Director of Insurance shall promulgate rules
requiring each insurer licensed to write workers' compensation
coverage in the State to record and report the following
information on an aggregate basis to the Department of
Insurance before March 1 of each year, relating to claims in
the State opened within the prior calendar year:
        (1) The number of claims opened.
        (2) The number of reported medical only claims.
        (3) The number of contested claims.
        (4) The number of claims for which the employee has
    attorney representation.
        (5) The number of claims with lost time and the number
    of claims for which temporary total disability was paid.
        (6) The number of claim adjusters employed to adjust
    workers' compensation claims.
        (7) The number of claims for which temporary total
    disability was not paid within 14 days from the first full
    day off, regardless of reason.
        (8) The number of medical bills paid 60 days or later
    from date of service and the average days paid on those
    paid after 60 days for the previous calendar year.
        (9) The number of claims in which in-house defense
    counsel participated, and the total amount spent on
    in-house legal services.
        (10) The number of claims in which outside defense
    counsel participated, and the total amount paid to outside
    defense counsel.
        (11) The total amount billed to employers for bill
    review.
        (12) The total amount billed to employers for fee
    schedule savings.
        (13) The total amount charged to employers for any and
    all managed care fees.
        (14) The number of claims involving in-house medical
    nurse case management, and the total amount spent on
    in-house medical nurse case management.
        (15) The number of claims involving outside medical
    nurse case management, and the total amount paid for
    outside medical nurse case management.
        (16) The total amount paid for Independent Medical
    exams.
        (17) The total amount spent on in-house Utilization
    Review for the previous calendar year.
        (18) The total amount paid for outside Utilization
    Review for the previous calendar year.
    The Department shall make the submitted information
publicly available on the Department's Internet website or such
other media as appropriate in a form useful for consumers.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.