Public Act 098-0040
 
HB3390 EnrolledLRB098 07552 HEP 37623 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 Workers' Compensation Act is amended by
changing Sections 9, 14, 15a, 19, 19a, and 20 as follows:
 
    (820 ILCS 305/9)  (from Ch. 48, par. 138.9)
    Sec. 9. Any employer or employee or beneficiary who shall
desire to have such compensation, or any unpaid part thereof,
paid in a lump sum, may petition the Commission, asking that
such compensation be so paid. If, upon proper notice to the
interested parties and a proper showing made before such
Commission or any member thereof, it appears to the best
interest of the parties that such compensation be so paid, the
Commission may order the commutation of the compensation to an
equivalent lump sum, which commutation shall be an amount which
will equal the total sum of the probable future payments
capitalized at their present value upon the basis of interest
calculated at the maximum rate of interest payable by member
banks of the Federal Reserve System on passbook savings
deposits as published in Regulation Q or its successor or, if
Regulation Q or its successor is repealed, then the rate in
effect on the date of repeal. Prior to approval of any pro se
Settlement Contract Lump Sum Petition, the Commission or an
Arbitrator thereof shall determine if the unrepresented
employee, if present, is able to read and communicate in
English. If not, it shall be the responsibility of the
Commission to provide a qualified, independent interpreter at
the time such Petition is heard, unless the employee has
provided his or her own interpreter.
    In cases indicating complete disability no petition for a
commutation to a lump sum basis shall be entertained by the
Commission until after the expiration of 6 months from the date
of the injury.
    Where necessary, upon proper application being made, a
guardian or administrator, as the case may be, may be appointed
for any person under disability who may be entitled to any such
compensation and an employer bound by the terms of this Act and
liable to pay such compensation, may petition for the
appointment of the public administrator, or guardian, where no
legal representative has been appointed or is acting for such
party or parties so under disability.
    The payment of compensation in a lump sum to the employee
in his or her lifetime upon order of the Commission, shall
extinguish and bar all claims for compensation for death if the
compensation paid in a lump sum represents a compromise of a
dispute on any question other than the extent of disability.
    Subject to the provisions herein above in this paragraph
contained, where no dispute exists as to the fact that the
accident arose out of and in the course of the employment and
where such accident results in death or in the amputation of
any member or in the enucleation of an eye, then and in such
case the arbitrator or Commission may, upon the petition of
either the employer or the employee, enter an award providing
for the payment of compensation for such death or injury in
accordance with the provisions of Section 7 or paragraph (e) of
Section 8 of this Act.
(Source: P.A. 83-1362.)
 
    (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 June 28, 2011 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 as follows:
        (1) All appointments shall be made by the Governor with
    the advice and consent of the Senate.
        (2) For their initial appointments, 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. Thereafter, all arbitrators
    shall be appointed to 3-year terms.
    Upon the expiration of a term, the Chairman shall evaluate
the performance of the arbitrator and may recommend to the
Governor that he or she be reappointed to a second or
subsequent term by the Governor with the advice and consent of
the Senate.
    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.
    The 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. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12.)
 
    (820 ILCS 305/15a)  (from Ch. 48, par. 138.15a)
    Sec. 15a. The Beginning January 1, 1981, the Commission
shall prepare and publish a handbook in readily understandable
language in question and answer form containing all information
as to the rights and obligations of employers and employees
under the provisions of this Act.
    Upon receipt of first report of injury, as provided for in
subsection (b) of Section 6 of this Act, the Commission shall
determine that a copy of the handbook has been forwarded to the
injured employee or his beneficiary.
    The handbook shall be made available free of charge to the
general public and be maintained on the Commission's Internet
website.
    The Commission shall provide informational assistance to
employers and employees regarding their rights and obligations
under this Act and the process and procedure before the
Commission.
(Source: P.A. 86-998.)
 
    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
    Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
    (a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an
agreement, to designate an Arbitrator.
        1. Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under this Act
    and it is subsequently discovered, at any time before final
    disposition of such cause, that the claim for disability or
    death which was the basis for such application should
    properly have been made under the Workers' Occupational
    Diseases Act, then the provisions of Section 19, paragraph
    (a-1) of the Workers' Occupational Diseases Act having
    reference to such application shall apply.
        2. Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under the
    Workers' Occupational Diseases Act and it is subsequently
    discovered, at any time before final disposition of such
    cause that the claim for injury or death which was the
    basis for such application should properly have been made
    under this Act, then the application so filed under the
    Workers' Occupational Diseases Act may be amended in form,
    substance or both to assert claim for such disability or
    death under this Act and it shall be deemed to have been so
    filed as amended on the date of the original filing
    thereof, and such compensation may be awarded as is
    warranted by the whole evidence pursuant to this Act. When
    such amendment is submitted, further or additional
    evidence may be heard by the Arbitrator or Commission when
    deemed necessary. Nothing in this Section contained shall
    be construed to be or permit a waiver of any provisions of
    this Act with reference to notice but notice if given shall
    be deemed to be a notice under the provisions of this Act
    if given within the time required herein.
    (b) The Arbitrator shall make such inquiries and
investigations as he or they shall deem necessary and may
examine and inspect all books, papers, records, places, or
premises relating to the questions in dispute and hear such
proper evidence as the parties may submit.
    The hearings before the Arbitrator shall be held in the
vicinity where the injury occurred after 10 days' notice of the
time and place of such hearing shall have been given to each of
the parties or their attorneys of record.
    The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of said disability.
    The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly, 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 file with pay to the
    Commission notice of intent to file for review in Circuit
    Court. 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 filing of notice of intent to file for
    review in the Circuit Court 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. The changes made to this subdivision
    (f)(1) by this amendatory Act of the 98th General Assembly
    apply to any Commission decision entered after the
    effective date of this amendatory Act of the 98th General
    Assembly.
        No 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
    with the Commission of the notice of the intent to file for
    review in the Circuit Court a receipt showing payment or an
    affidavit of the attorney setting forth that notice of
    intent to file for review in the Circuit Court payment has
    been given in writing 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 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. 97-18, eff. 6-28-11.)
 
    (820 ILCS 305/19a)  (from Ch. 48, par. 138.19b)
    Sec. 19a. Money received by the Commission pursuant to
subsection (f) of Section 19 of this Act shall be paid into a
trust fund outside the State Treasury and shall be held in such
fund until completion of the record for which the payment was
made. The Secretary of the Commission shall be ex-officio
custodian of such trust fund which shall be used only for the
purpose specified in this section. Upon completion of the
record the Secretary shall pay the amount so held to the person
entitled thereto for preparation of the record. Within 60 days
after the effective date of this amendatory Act of the 98th
General Assembly, the Secretary of the Commission shall
transfer all remaining funds to the Injured Workers' Benefit
Fund for the purpose of paying claims from injured employees
who have received a final award for benefits from the
Commission against the employer in Fiscal Year 2013.
(Source: Laws 1967, p. 324.)
 
    (820 ILCS 305/20)  (from Ch. 48, par. 138.20)
    Sec. 20. If the Commission shall, before or after any
hearing, proceeding, or review to any court, be satisfied that
the employee is a poor person, and unable to pay the costs and
expenses provided for by this Act, the Commission shall permit
such poor person to have all the rights and remedies provided
by this Act, including the issuance and service of subpoenas; a
transcript of testimony and the record of proceedings,
including photostatic copies of exhibits, at hearings before an
Arbitrator or the Commission; the right to have the record of
proceedings certified to the circuit court; the right to the
filing of a written request for summons; and the right to the
issuance of summons, without the filing of a bond for costs and
without the payment of any of the costs provided for by this
Act. If an award is granted to such employee, or settlement is
made, the costs and expenses chargeable to the employee as
provided for by this Act shall be paid by the employer out of
the award herein granted, or settlement, before any of the
balance of the award or settlement is paid to the employee.
(Source: P.A. 86-998.)
 
    Section 10. The Workers' Occupational Diseases Act is
amended by changing Sections 19, 19a, and 19.5 as follows:
 
    (820 ILCS 310/19)  (from Ch. 48, par. 172.54)
    Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
    (a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an agreement
to designate an Arbitrator.
        (1) The application for adjustment of claim filed with
    the Commission shall state:
            A. The approximate date of the last day of the last
        exposure and the approximate date of the disablement.
            B. The general nature and character of the illness
        or disease claimed.
            C. The name and address of the employer by whom
        employed on the last day of the last exposure and if
        employed by any other employer after such last exposure
        and before disablement the name and address of such
        other employer or employers.
            D. In case of death, the date and place of death.
        (2) Amendments to applications for adjustment of claim
    which relate to the same disablement or disablement
    resulting in death originally claimed upon may be allowed
    by the Commissioner or an Arbitrator thereof, in their
    discretion, and in the exercise of such discretion, they
    may in proper cases order a trial de novo; such amendment
    shall relate back to the date of the filing of the original
    application so amended.
        (3) Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under this Act
    and it is subsequently discovered, at any time before final
    disposition of such cause, that the claim for disability or
    death which was the basis for such application should
    properly have been made under the Workers' Compensation
    Act, then the provisions of Section 19 paragraph (a-1) of
    the Workers' Compensation Act having reference to such
    application shall apply.
        Whenever any claimant misconceives his remedy and
    files an application for adjustment of claim under the
    Workers' Compensation Act and it is subsequently
    discovered, at any time before final disposition of such
    cause that the claim for injury or death which was the
    basis for such application should properly have been made
    under this Act, then the application so filed under the
    Workers' Compensation Act may be amended in form, substance
    or both to assert claim for such disability or death under
    this Act and it shall be deemed to have been so filed as
    amended on the date of the original filing thereof, and
    such compensation may be awarded as is warranted by the
    whole evidence pursuant to the provisions of this Act. When
    such amendment is submitted, further or additional
    evidence may be heard by the Arbitrator or Commission when
    deemed necessary; provided, that nothing in this Section
    contained shall be construed to be or permit a waiver of
    any provisions of this Act with reference to notice, but
    notice if given shall be deemed to be a notice under the
    provisions of this Act if given within the time required
    herein.
    (b) The Arbitrator shall make such inquiries and
investigations as he shall deem necessary and may examine and
inspect all books, papers, records, places, or premises
relating to the questions in dispute and hear such proper
evidence as the parties may submit.
    The hearings before the Arbitrator shall be held in the
vicinity where the last exposure occurred, after 10 days'
notice of the time and place of such hearing shall have been
given to each of the parties or their attorneys of record.
    The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of such disability.
    The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly, all
decisions of the Arbitrator shall set forth in writing findings
of fact and conclusions of law, separately stated, if requested
by either party. Unless a petition for review is filed by
either party within 30 days after the receipt by such party of
the copy of the decision and notification of time when filed,
and unless such party petitioning for a review shall within 35
days after the receipt by him of the copy of the decision, file
with the Commission either an agreed statement of the facts
appearing upon the hearing before the Arbitrator, or if such
party shall so elect a correct transcript of evidence of the
proceedings at such hearings, then the decision shall become
the decision of the Commission and in the absence of fraud
shall be conclusive. The Petition for Review shall contain a
statement of the petitioning party's specific exceptions to the
decision of the arbitrator. The jurisdiction of the Commission
to review the decision of the arbitrator shall not be limited
to the exceptions stated in the Petition for Review. The
Commission, or any member thereof, may grant further time not
exceeding 30 days, in which to file such agreed statement or
transcript of evidence. Such agreed statement of facts or
correct transcript of evidence, as the case may be, shall be
authenticated by the signatures of the parties or their
attorneys, and in the event they do not agree as to the
correctness of the transcript of evidence it shall be
authenticated by the signature of the Arbitrator designated by
the Commission.
    Whether the employee is working or not, if the employee is
not receiving or has not received medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8 of the Workers' Compensation Act,
or compensation as provided in paragraph (b) of Section 8 of
the Workers' Compensation Act, the employee may at any time
petition for an expedited hearing by an Arbitrator on the issue
of whether or not he or she is entitled to receive payment of
the services or compensation. Provided the employer continues
to pay compensation pursuant to paragraph (b) of Section 8 of
the Workers' Compensation Act, the employer may at any time
petition for an expedited hearing on the issue of whether or
not the employee is entitled to receive medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8 of the Workers' Compensation Act,
or compensation as provided in paragraph (b) of Section 8 of
the Workers' Compensation Act. When an employer has petitioned
for an expedited hearing, the employer shall continue to pay
compensation as provided in paragraph (b) of Section 8 of the
Workers' Compensation Act unless the arbitrator renders a
decision that the employee is not entitled to the benefits that
are the subject of the expedited hearing or unless the
employee's treating physician has released the employee to
return to work at his or her regular job with the employer or
the employee actually returns to work at any other job. If the
arbitrator renders a decision that the employee is not entitled
to the benefits that are the subject of the expedited hearing,
a petition for review filed by the employee shall receive the
same priority as if the employee had filed a petition for an
expedited hearing by an arbitrator. Neither party shall be
entitled to an expedited hearing when the employee has returned
to work and the sole issue in dispute amounts to less than 12
weeks of unpaid compensation pursuant to paragraph (b) of
Section 8 of the Workers' Compensation Act.
    Expedited hearings shall have priority over all other
petitions and shall be heard by the Arbitrator and Commission
with all convenient speed. Any party requesting an expedited
hearing shall give notice of a request for an expedited hearing
under this paragraph. A copy of the Application for Adjustment
of Claim shall be attached to the notice. The Commission shall
adopt rules and procedures under which the final decision of
the Commission under this paragraph is filed not later than 180
days from the date that the Petition for Review is filed with
the Commission.
    Where 2 or more insurance carriers, private self-insureds,
or a group workers' compensation pool under Article V 3/4 of
the Illinois Insurance Code dispute coverage for the same
disease, any such insurance carrier, private self-insured, or
group workers' compensation pool may request an expedited
hearing pursuant to this paragraph to determine the issue of
coverage, provided coverage is the only issue in dispute and
all other issues are stipulated and agreed to and further
provided that all compensation benefits including medical
benefits pursuant to Section 8(a) of the Workers' Compensation
Act continue to be paid to or on behalf of petitioner. Any
insurance carrier, private self-insured, or group workers'
compensation pool that is determined to be liable for coverage
for the disease in issue shall reimburse any insurance carrier,
private self-insured, or group workers' compensation pool that
has paid benefits to or on behalf of petitioner for the
disease.
    (b-1) If the employee is not receiving, pursuant to Section
7, medical, surgical or hospital services of the type provided
for in paragraph (a) of Section 8 of the Workers' Compensation
Act or compensation of the type provided for in paragraph (b)
of Section 8 of the Workers' Compensation Act, the employee, in
accordance with Commission Rules, may file a petition for an
emergency hearing by an Arbitrator on the issue of whether or
not he is entitled to receive payment of such compensation or
services as provided therein. Such petition shall have priority
over all other petitions and shall be heard by the Arbitrator
and Commission with all convenient speed.
    Such petition shall contain the following information and
shall be served on the employer at least 15 days before it is
filed:
        (i) the date and approximate time of the last exposure;
        (ii) the approximate location of the last exposure;
        (iii) a description of the last exposure;
        (iv) the nature of the disability incurred by the
    employee;
        (v) the identity of the person, if known, to whom the
    disability was reported and the date on which it was
    reported;
        (vi) the name and title of the person, if known,
    representing the employer with whom the employee conferred
    in any effort to obtain pursuant to Section 7 compensation
    of the type provided for in paragraph (b) of Section 8 of
    the Workers' Compensation Act or medical, surgical or
    hospital services of the type provided for in paragraph (a)
    of Section 8 of the Workers' Compensation Act and the date
    of such conference;
        (vii) a statement that the employer has refused to pay
    compensation pursuant to Section 7 of the type provided for
    in paragraph (b) of Section 8 of the Workers' Compensation
    Act or for medical, surgical or hospital services pursuant
    to Section 7 of the type provided for in paragraph (a) of
    Section 8 of the Workers' Compensation Act;
        (viii) the name and address, if known, of each witness
    to the last exposure and of each other person upon whom the
    employee will rely to support his allegations;
        (ix) the dates of treatment related to the disability
    by medical practitioners, and the names and addresses of
    such practitioners, including the dates of treatment
    related to the disability at any hospitals and the names
    and addresses of such hospitals, and a signed authorization
    permitting the employer to examine all medical records of
    all practitioners and hospitals named pursuant to this
    paragraph;
        (x) a copy of a signed report by a medical
    practitioner, relating to the employee's current inability
    to return to work because of the disability incurred as a
    result of the exposure or such other documents or
    affidavits which show that the employee is entitled to
    receive pursuant to Section 7 compensation of the type
    provided for in paragraph (b) of Section 8 of the Workers'
    Compensation Act or medical, surgical or hospital services
    of the type provided for in paragraph (a) of Section 8 of
    the Workers' Compensation Act. Such reports, documents or
    affidavits shall state, if possible, the history of the
    exposure given by the employee, and describe the disability
    and medical diagnosis, the medical services for such
    disability which the employee has received and is
    receiving, the physical activities which the employee
    cannot currently perform as a result of such disability,
    and the prognosis for recovery;
        (xi) complete copies of any reports, records,
    documents and affidavits in the possession of the employee
    on which the employee will rely to support his allegations,
    provided that the employer shall pay the reasonable cost of
    reproduction thereof;
        (xii) a list of any reports, records, documents and
    affidavits which the employee has demanded by subpoena and
    on which he intends to rely to support his allegations;
        (xiii) a certification signed by the employee or his
    representative that the employer has received the petition
    with the required information 15 days before filing.
    Fifteen days after receipt by the employer of the petition
with the required information the employee may file said
petition and required information and shall serve notice of the
filing upon the employer. The employer may file a motion
addressed to the sufficiency of the petition. If an objection
has been filed to the sufficiency of the petition, the
arbitrator shall rule on the objection within 2 working days.
If such an objection is filed, the time for filing the final
decision of the Commission as provided in this paragraph shall
be tolled until the arbitrator has determined that the petition
is sufficient.
    The employer shall, within 15 days after receipt of the
notice that such petition is filed, file with the Commission
and serve on the employee or his representative a written
response to each claim set forth in the petition, including the
legal and factual basis for each disputed allegation and the
following information: (i) complete copies of any reports,
records, documents and affidavits in the possession of the
employer on which the employer intends to rely in support of
his response, (ii) a list of any reports, records, documents
and affidavits which the employer has demanded by subpoena and
on which the employer intends to rely in support of his
response, (iii) the name and address of each witness on whom
the employer will rely to support his response, and (iv) the
names and addresses of any medical practitioners selected by
the employer pursuant to Section 12 of this Act and the time
and place of any examination scheduled to be made pursuant to
such Section.
    Any employer who does not timely file and serve a written
response without good cause may not introduce any evidence to
dispute any claim of the employee but may cross examine the
employee or any witness brought by the employee and otherwise
be heard.
    No document or other evidence not previously identified by
either party with the petition or written response, or by any
other means before the hearing, may be introduced into evidence
without good cause. If, at the hearing, material information is
discovered which was not previously disclosed, the Arbitrator
may extend the time for closing proof on the motion of a party
for a reasonable period of time which may be more than 30 days.
No evidence may be introduced pursuant to this paragraph as to
permanent disability. No award may be entered for permanent
disability pursuant to this paragraph. Either party may
introduce into evidence the testimony taken by deposition of
any medical practitioner.
    The Commission shall adopt rules, regulations and
procedures whereby the final decision of the Commission is
filed not later than 90 days from the date the petition for
review is filed but in no event later than 180 days from the
date the petition for an emergency hearing is filed with the
Illinois Workers' Compensation Commission.
    All service required pursuant to this paragraph (b-1) must
be by personal service or by certified mail and with evidence
of receipt. In addition, for the purposes of this paragraph,
all service on the employer must be at the premises where the
accident occurred if the premises are owned or operated by the
employer. Otherwise service must be at the employee's principal
place of employment by the employer. If service on the employer
is not possible at either of the above, then service shall be
at the employer's principal place of business. After initial
service in each case, service shall be made on the employer's
attorney or designated representative.
    (c) (1) At a reasonable time in advance of and in
connection with the hearing under Section 19(e) or 19(h), the
Commission may on its own motion order an impartial physical or
mental examination of a petitioner whose mental or physical
condition is in issue, when in the Commission's discretion it
appears that such an examination will materially aid in the
just determination of the case. The examination shall be made
by a member or members of a panel of physicians chosen for
their special qualifications by the Illinois State Medical
Society. The Commission shall establish procedures by which a
physician shall be selected from such list.
    (2) Should the Commission at any time during the hearing
find that compelling considerations make it advisable to have
an examination and report at that time, the Commission may in
its discretion so order.
    (3) A copy of the report of examination shall be given to
the Commission and to the attorneys for the parties.
    (4) Either party or the Commission may call the examining
physician or physicians to testify. Any physician so called
shall be subject to cross-examination.
    (5) The examination shall be made, and the physician or
physicians, if called, shall testify, without cost to the
parties. The Commission shall determine the compensation and
the pay of the physician or physicians. The compensation for
this service shall not exceed the usual and customary amount
for such service.
    The fees and payment thereof of all attorneys and
physicians for services authorized by the Commission under this
Act shall, upon request of either the employer or the employee
or the beneficiary affected, be subject to the review and
decision of the Commission.
    (d) If any employee shall persist in insanitary or
injurious practices which tend to either imperil or retard his
recovery or shall refuse to submit to such medical, surgical,
or hospital treatment as is reasonably essential to promote his
recovery, the Commission may, in its discretion, reduce or
suspend the compensation of any such employee; provided, that
when an employer and employee so agree in writing, the
foregoing provision shall not be construed to authorize the
reduction or suspension of compensation of an employee who is
relying in good faith, on treatment by prayer or spiritual
means alone, in accordance with the tenets and practice of a
recognized church or religious denomination, by a duly
accredited practitioner thereof.
    (e) This paragraph shall apply to all hearings before the
Commission. Such hearings may be held in its office or
elsewhere as the Commission may deem advisable. The taking of
testimony on such hearings may be had before any member of the
Commission. If a petition for review and agreed statement of
facts or transcript of evidence is filed, as provided herein,
the Commission shall promptly review the decision of the
Arbitrator and all questions of law or fact which appear from
the statement of facts or transcripts of evidence. In all cases
in which the hearing before the arbitrator is held after the
effective date of this amendatory Act of 1989, no additional
evidence shall be introduced by the parties before the
Commission on review of the decision of the Arbitrator. The
Commission shall file in its office its decision thereon, and
shall immediately send to each party or his attorney a copy of
such decision and a notification of the time when it was filed.
Decisions shall be filed within 60 days after the Statement of
Exceptions and Supporting Brief and Response thereto are
required to be filed or oral argument whichever is later.
    In the event either party requests oral argument, such
argument shall be had before a panel of 3 members of the
Commission (or before all available members pursuant to the
determination of 7 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 in its
discretion find specially upon any question or questions of law
or facts which shall be submitted in writing by either party
whether ultimate or otherwise; provided that on issues other
than nature and extent of the disablement, if any, the
Commission in its decision shall find specially upon any
question or questions of law or fact, whether ultimate or
otherwise, which are submitted in writing by either party;
provided further that not more than 5 such questions may be
submitted by either party. Any party may, within 20 days after
receipt of notice of the Commission's decision, or within such
further time, not exceeding 30 days, as the Commission may
grant, file with the Commission either an agreed statement of
the facts appearing upon the hearing, or, if such party shall
so elect, a correct transcript of evidence of the additional
proceedings presented before the Commission in which report the
party may embody a correct statement of such other proceedings
in the case as such party may desire to have reviewed, such
statement of facts or transcript of evidence to be
authenticated by the signature of the parties or their
attorneys, and in the event that they do not agree, then the
authentication of such transcript of evidence shall be by the
signature of any member of the Commission.
    If a reporter does not for any reason furnish a transcript
of the proceedings before the Arbitrator in any case for use on
a hearing for review before the Commission, within the
limitations of time as fixed in this Section, the Commission
may, in its discretion, order a trial de novo before the
Commission in such case upon application of either party. The
applications for adjustment of claim and other documents in the
nature of pleadings filed by either party, together with the
decisions of the Arbitrator and of the Commission and the
statement of facts or transcript of evidence hereinbefore
provided for in paragraphs (b) and (c) shall be the record of
the proceedings of the Commission, and shall be subject to
review as hereinafter provided.
    At the request of either party or on its own motion, the
Commission shall set forth in writing the reasons for the
decision, including findings of fact and conclusions of law,
separately stated. The Commission shall by rule adopt a format
for written decisions for the Commission and arbitrators. The
written decisions shall be concise and shall succinctly state
the facts and reasons for the decision. The Commission may
adopt in whole or in part, the decision of the arbitrator as
the decision of the Commission. When the Commission does so
adopt the decision of the arbitrator, it shall do so by order.
Whenever the Commission adopts part of the arbitrator's
decision, but not all, it shall include in the order the
reasons for not adopting all of the arbitrator's decision. When
a majority of a panel, after deliberation, has arrived at its
decision, the decision shall be filed as provided in this
Section without unnecessary delay, and without regard to the
fact that a member of the panel has expressed an intention to
dissent. Any member of the panel may file a dissent. Any
dissent shall be filed no later than 10 days after the decision
of the majority has been filed.
    Decisions rendered by the Commission after the effective
date of this amendatory Act of 1980 and dissents, if any, shall
be published together by the Commission. The conclusions of law
set out in such decisions shall be regarded as precedents by
arbitrators, for the purpose of achieving a more uniform
administration of this Act.
    (f) The decision of the Commission acting within its
powers, according to the provisions of paragraph (e) of this
Section shall, in the absence of fraud, be conclusive unless
reviewed as in this paragraph hereinafter provided. However,
the Arbitrator or the Commission may on his or its own motion,
or on the motion of either party, correct any clerical error or
errors in computation within 15 days after the date of receipt
of any award by such Arbitrator or any decision on review of
the Commission, and shall have the power to recall the original
award on arbitration or decision on review, and issue in lieu
thereof such corrected award or decision. Where such correction
is made the time for review herein specified shall begin to run
from the date of the receipt of the corrected award or
decision.
        (1) Except in cases of claims against the State of
    Illinois, in which case the decision of the Commission
    shall not be subject to judicial review, the Circuit Court
    of the county where any of the parties defendant may be
    found, or if none of the parties defendant be found in this
    State then the Circuit Court of the county where any of the
    exposure occurred, shall by summons to the Commission have
    power to review all questions of law and fact presented by
    such record.
        A proceeding for review shall be commenced within 20
    days of the receipt of notice of the decision of the
    Commission. The summons shall be issued by the clerk of
    such court upon written request returnable on a designated
    return day, not less than 10 or more than 60 days from the
    date of issuance thereof, and the written request shall
    contain the last known address of other parties in interest
    and their attorneys of record who are to be served by
    summons. Service upon any member of the Commission or the
    Secretary or the Assistant Secretary thereof shall be
    service upon the Commission, and service upon other parties
    in interest and their attorneys of record shall be by
    summons, and such service shall be made upon the Commission
    and other parties in interest by mailing notices of the
    commencement of the proceedings and the return day of the
    summons to the office of the Commission and to the last
    known place of residence of other parties in interest or
    their attorney or attorneys of record. The clerk of the
    court issuing the summons shall on the day of issue mail
    notice of the commencement of the proceedings which shall
    be done by mailing a copy of the summons to the office of
    the Commission, and a copy of the summons to the other
    parties in interest or their attorney or attorneys of
    record and the clerk of the court shall make certificate
    that he has so sent such notices in pursuance of this
    Section, which shall be evidence of service on the
    Commission and other parties in interest.
        The Commission shall not be required to certify the
    record of their proceedings in the Circuit Court unless the
    party commencing the proceedings for review in the Circuit
    Court as above provided, shall file with the Commission
    notice of intent to file for review in Circuit Court. pay
    to the Commission the sum of 80 cents per page of testimony
    taken before the Commission, and 35 cents per page of all
    other matters contained in such record, except as otherwise
    provided by Section 20 of this Act. Payment for photostatic
    copies of exhibit shall be extra. It shall be the duty of
    the Commission upon such filing of notice of intent to file
    for review in Circuit Court 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. The changes made to this subdivision
    (f)(1) by this amendatory Act of the 98th General Assembly
    apply to any Commission decision entered after the
    effective date of this amendatory Act of the 98th General
    Assembly.
        No In its decision on review the Commission shall
    determine in each particular case the amount of the
    probable cost of the record to be filed as a return to the
    summons in that case and no request for a summons may be
    filed and no summons shall issue unless the party seeking
    to review the decision of the Commission shall exhibit to
    the clerk of the Circuit Court proof of payment by filing
    with the Commission of the notice of the intent to file for
    review in the Circuit Court a receipt showing payment or an
    affidavit of the attorney setting forth that notice of
    intent to file for review in Circuit Court payment has been
    given in writing made of the sums so determined to the
    Secretary or Assistant Secretary of the Commission.
        (2) No such summons shall issue unless the one against
    whom the Commission shall have rendered an award for the
    payment of money shall upon the filing of his written
    request for such summons file with the clerk of the court a
    bond conditioned that if he shall not successfully
    prosecute the review, he will pay the award and the costs
    of the proceedings in the court. The amount of the bond
    shall be fixed by any member of the Commission and the
    surety or sureties of the bond shall be approved by the
    clerk of the court. The acceptance of the bond by the clerk
    of the court shall constitute evidence of his approval of
    the bond.
        Every county, city, town, township, incorporated
    village, school district, body politic or municipal
    corporation having a population of 500,000 or more against
    whom the Commission shall have rendered an award for the
    payment of money shall not be required to file a bond to
    secure the payment of the award and the costs of the
    proceedings in the court to authorize the court to issue
    such summons.
        The court may confirm or set aside the decision of the
    Commission. If the decision is set aside and the facts
    found in the proceedings before the Commission are
    sufficient, the court may enter such decision as is
    justified by law, or may remand the cause to the Commission
    for further proceedings and may state the questions
    requiring further hearing, and give such other
    instructions as may be proper. Appeals shall be taken to
    the Appellate Court in accordance with Supreme Court Rules
    22(g) and 303. Appeals shall be taken from the Appellate
    Court to the Supreme Court in accordance with Supreme Court
    Rule 315.
        It shall be the duty of the clerk of any court
    rendering a decision affecting or affirming an award of the
    Commission to promptly furnish the Commission with a copy
    of such decision, without charge.
        The decision of a majority of the members of the panel
    of the Commission, shall be considered the decision of the
    Commission.
    (g) Except in the case of a claim against the State of
Illinois, either party may present a certified copy of the
award of the Arbitrator, or a certified copy of the decision of
the Commission when the same has become final, when no
proceedings for review are pending, providing for the payment
of compensation according to this Act, to the Circuit Court of
the county in which such exposure occurred or either of the
parties are residents, whereupon the court shall enter a
judgment in accordance therewith. In case where the employer
refuses to pay compensation according to such final award or
such final decision upon which such judgment is entered, the
court shall in entering judgment thereon, tax as costs against
him the reasonable costs and attorney fees in the arbitration
proceedings and in the court entering the judgment for the
person in whose favor the judgment is entered, which judgment
and costs taxed as herein provided shall, until and unless set
aside, have the same effect as though duly entered in an action
duly tried and determined by the court, and shall with like
effect, be entered and docketed. The Circuit Court shall have
power at any time upon application to make any such judgment
conform to any modification required by any subsequent decision
of the Supreme Court upon appeal, or as the result of any
subsequent proceedings for review, as provided in this Act.
    Judgment shall not be entered until 15 days' notice of the
time and place of the application for the entry of judgment
shall be served upon the employer by filing such notice with
the Commission, which Commission shall, in case it has on file
the address of the employer or the name and address of its
agent upon whom notices may be served, immediately send a copy
of the notice to the employer or such designated agent.
    (h) An agreement or award under this Act providing for
compensation in installments, may at any time within 18 months
after such agreement or award be reviewed by the Commission at
the request of either the employer or the employee on the
ground that the disability of the employee has subsequently
recurred, increased, diminished or ended.
    However, as to disablements occurring subsequently to July
1, 1955, which are covered by any agreement or award under this
Act providing for compensation in installments made as a result
of such disablement, such agreement or award may at any time
within 30 months after such agreement or award be reviewed by
the Commission at the request of either the employer or the
employee on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended.
    On such review compensation payments may be
re-established, increased, diminished or ended. The Commission
shall give 15 days' notice to the parties of the hearing for
review. Any employee, upon any petition for such review being
filed by the employer, shall be entitled to one day's notice
for each 100 miles necessary to be traveled by him in attending
the hearing of the Commission upon the petition, and 3 days in
addition thereto. Such employee shall, at the discretion of the
Commission, also be entitled to 5 cents per mile necessarily
traveled by him within the State of Illinois in attending such
hearing, not to exceed a distance of 300 miles, to be taxed by
the Commission as costs and deposited with the petition of the
employer.
    When compensation which is payable in accordance with an
award or settlement contract approved by the Commission, is
ordered paid in a lump sum by the Commission, no review shall
be had as in this paragraph mentioned.
    (i) Each party, upon taking any proceedings or steps
whatsoever before any Arbitrator, Commission or court, shall
file with the Commission his address, or the name and address
of any agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail,
addressed to such party or agent at the last address so filed
with the Commission. In the event such party has not filed his
address, or the name and address of an agent as above provided,
service of any notice may be had by filing such notice with the
Commission.
    (j) Whenever in any proceeding testimony has been taken or
a final decision has been rendered, and after the taking of
such testimony or after such decision has become final, the
employee dies, then in any subsequent proceeding brought by the
personal representative or beneficiaries of the deceased
employee, such testimony in the former proceeding may be
introduced with the same force and effect as though the witness
having so testified were present in person in such subsequent
proceedings and such final decision, if any, shall be taken as
final adjudication of any of the issues which are the same in
both proceedings.
    (k) In any case where there has been any unreasonable or
vexatious delay of payment or intentional underpayment of
compensation, or proceedings have been instituted or carried on
by one liable to pay the compensation, which do not present a
real controversy, but are merely frivolous or for delay, then
the Commission may award compensation additional to that
otherwise payable under this Act equal to 50% of the amount
payable at the time of such award. Failure to pay compensation
in accordance with the provisions of Section 8, paragraph (b)
of this Act, shall be considered unreasonable delay.
    When determining whether this subsection (k) shall apply,
the Commission shall consider whether an arbitrator has
determined that the claim is not compensable or whether the
employer has made payments under Section 8(j) of the Workers'
Compensation Act.
    (k-1) If the employee has made written demand for payment
of benefits under Section 8(a) or Section 8(b) of the Workers'
Compensation Act, the employer shall have 14 days after receipt
of the demand to set forth in writing the reason for the delay.
In the case of demand for payment of medical benefits under
Section 8(a) of the Workers' Compensation Act, the time for the
employer to respond shall not commence until the expiration of
the allotted 60 days specified under Section 8.2(d) of the
Workers' Compensation Act. In case the employer or his or her
insurance carrier shall without good and just cause fail,
neglect, refuse, or unreasonably delay the payment of benefits
under Section 8(a) or Section 8(b) of the Workers' Compensation
Act, the Arbitrator or the Commission shall allow to the
employee additional compensation in the sum of $30 per day for
each day that the benefits under Section 8(a) or Section 8(b)
of the Workers' Compensation Act have been so withheld or
refused, not to exceed $10,000. A delay in payment of 14 days
or more shall create a rebuttable presumption of unreasonable
delay.
    (l) By the 15th day of each month each insurer providing
coverage for losses under this Act shall notify each insured
employer of any compensable claim incurred during the preceding
month and the amounts paid or reserved on the claim including a
summary of the claim and a brief statement of the reasons for
compensability. A cumulative report of all claims incurred
during a calendar year or continued from the previous year
shall be furnished to the insured employer by the insurer
within 30 days after the end of that calendar year.
    The insured employer may challenge, in proceeding before
the Commission, payments made by the insurer without
arbitration and payments made after a case is determined to be
noncompensable. If the Commission finds that the case was not
compensable, the insurer shall purge its records as to that
employer of any loss or expense associated with the claim,
reimburse the employer for attorneys fee arising from the
challenge and for any payment required of the employer to the
Rate Adjustment Fund or the Second Injury Fund, and may not
effect the loss or expense for rate making purposes. The
employee shall not be required to refund the challenged
payment. The decision of the Commission may be reviewed in the
same manner as in arbitrated cases. No challenge may be
initiated under this paragraph more than 3 years after the
payment is made. An employer may waive the right of challenge
under this paragraph on a case by case basis.
    (m) After filing an application for adjustment of claim but
prior to the hearing on arbitration the parties may voluntarily
agree to submit such application for adjustment of claim for
decision by an arbitrator under this subsection (m) where such
application for adjustment of claim raises only a dispute over
temporary total disability, permanent partial disability or
medical expenses. Such agreement shall be in writing in such
form as provided by the Commission. Applications for adjustment
of claim submitted for decision by an arbitrator under this
subsection (m) shall proceed according to rule as established
by the Commission. The Commission shall promulgate rules
including, but not limited to, rules to ensure that the parties
are adequately informed of their rights under this subsection
(m) and of the voluntary nature of proceedings under this
subsection (m). The findings of fact made by an arbitrator
acting within his or her powers under this subsection (m) in
the absence of fraud shall be conclusive. However, the
arbitrator may on his own motion, or the motion of either
party, correct any clerical errors or errors in computation
within 15 days after the date of receipt of such award of the
arbitrator and shall have the power to recall the original
award on arbitration, and issue in lieu thereof such corrected
award. The decision of the arbitrator under this subsection (m)
shall be considered the decision of the Commission and
proceedings for review of questions of law arising from the
decision may be commenced by either party pursuant to
subsection (f) of Section 19. The Advisory Board established
under Section 13.1 of the Workers' Compensation Act shall
compile a list of certified Commission arbitrators, each of
whom shall be approved by at least 7 members of the Advisory
Board. The chairman shall select 5 persons from such list to
serve as arbitrators under this subsection (m). By agreement,
the parties shall select one arbitrator from among the 5
persons selected by the chairman except, that if the parties do
not agree on an arbitrator from among the 5 persons, the
parties may, by agreement, select an arbitrator of the American
Arbitration Association, whose fee shall be paid by the State
in accordance with rules promulgated by the Commission.
Arbitration under this subsection (m) shall be voluntary.
(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
 
    (820 ILCS 310/19a)  (from Ch. 48, par. 172.54b)
    Sec. 19a. Money received by the Commission pursuant to
subsection (f) of Section 19 of this Act shall be paid into a
trust fund outside the State Treasury and shall be held in such
fund until completion of the record for which the payment was
made. The Secretary of the Commission shall be ex-officio
custodian of such trust fund which shall be used only for the
purpose specified in this section. Upon completion of the
record the Secretary shall pay the amount so held to the person
entitled thereto for preparation of the record. Within 60 days
after the effective date of this amendatory Act of the 98th
General Assembly, the Secretary of the Commission shall
transfer all remaining funds to the Injured Workers' Benefit
Fund for the purpose of paying claims from injured employees
who have received a final award for benefits from the
Commission against the employer in Fiscal Year 2013.
(Source: Laws 1967, p. 325.)
 
    (820 ILCS 310/19.5)  (from Ch. 48, par. 172.54-1)
    Sec. 19.5. If the Commission shall, before or after any
hearing, proceeding, or review to any court, be satisfied that
the employee is a poor person, and unable to pay the costs and
expenses provided for by this Act, the Commission shall permit
such poor person to have all the rights and remedies provided
by this Act, including the issuance and service of subpoenas; a
transcript of testimony and the record of proceedings,
including photostatic copies of exhibits, at hearings before an
Arbitrator or the Commission; the right to have the record of
proceedings certified to the circuit court; the right to the
filing of a written request for summons; and the right to the
issuance of summons, without the filing of a bond for costs and
without the payment of any of the costs provided for by this
Act. If an award is granted to such employee, or settlement is
made, the costs and expenses chargeable to the employee as
provided for by this Act shall be paid by the employer out of
the award herein granted, or settlement, before any of the
balance of the award or settlement is paid to the employee.
(Source: P.A. 86-998; 87-895.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.