Rep. Michael J. Madigan
Filed: 5/21/2015
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1287 




2    AMENDMENT NO. ______. Amend House Bill 1287, AS AMENDED,
by 
3inserting the following in its proper numeric sequence in
the 
4bill:

 
5    "Section 10. The Workers' Compensation Act is amended  by 
6changing Section 8.1b as follows:
 
7    (820 ILCS 305/8.1b)
8    Sec. 8.1b. Determination of permanent partial disability.  
9For accidental injuries that occur on or after September 1, 
102011, permanent partial disability shall be established using 
11the following criteria: 
12    (a) A physician licensed to practice medicine in all of its 
13branches preparing a permanent partial disability impairment 
14report shall report the level of impairment in writing.  The 
15report shall include an evaluation of medically defined and 
16professionally appropriate measurements of impairment that 
 
 
09900HB1287ham002- 2 -LRB099 05153 WGH 35827 a

1include, but are not limited to:  loss of range of motion; loss 
2of strength; measured atrophy of tissue mass consistent with 
3the injury; and any other measurements that establish the 
4nature and extent of the impairment.  The most current edition 
5of the American Medical Association's "Guides to the Evaluation 
6of Permanent Impairment" shall be used by the physician in 
7determining the level of impairment. 
8    (b) In determining the level of permanent partial 
9disability, the Commission shall base its determination on the 
10following factors:  (i) the reported level of impairment 
11pursuant to subsection (a); (ii) the occupation of the injured 
12employee; (iii) the age of the employee at the time of the 
13injury; (iv) the employee's future earning capacity; and (v) 
14evidence of disability corroborated by objective findings in 
15the treating medical records and independent medical 
16examinations.  No single enumerated factor shall be the sole 
17determinant of disability.  In determining the level of 
18disability, the relevance and weight of any factors used in 
19addition to the level of impairment as reported by the 
20physician must be explained in a written order. 

21(Source: P.A. 97-18, eff. 6-28-11.)".