Sen. Christine Radogno

Filed: 1/24/2017





10000SB0012sam001LRB100 06318 KTG 18422 a


2    AMENDMENT NO. ______. Amend Senate Bill 12 on page 10, line
323, by deleting "1,"; and
4on page 10, line 23, by deleting "8.7,"; and
5on page 10, line 24, by deleting "and by adding Section 14.3";
7by deleting all of pages 11 through 18; and
8on page 19, by deleting lines 1 through 15; and
9on page 29, line 20, by changing $755.22 to $775.18; and
10on page 45, by replacing lines 16 and 17 with the following:
11"fingers, leg, foot, or any toes, or loss under Section 8(d)2
12due to accidental injuries to the same part of the spine, such



10000SB0012sam001- 2 -LRB100 06318 KTG 18422 a

1loss or partial loss of any such member or loss under Section
28(d)2 due to accidental injuries to the same part of the spine
3shall be deducted from any award made"; and
4on page 45, line 20, by replacing "eye" with "eye or loss under
5Section 8(d)2 due to accidental injuries to the same part of
6the spine"; and
7on page 45, line 22, by inserting immediately following the
8period the following:
9"For purposes of this subdivision (e)17 only, "same part of the
10spine" means: (1) cervical spine and thoracic spine from
11vertebra C1 through T12 and (2) lumbar and sacral spine and
12coccyx from vertebra L1 through S5."; and
13on page 46, by replacing lines 6 through 21 with the following:
14"members, and in a subsequent independent accident loses
15another or suffers the permanent and complete loss of the use
16of any one of such members the employer for whom the injured
17employee is working at the time of the last independent
18accident is liable to pay compensation only for the loss or
19permanent and complete loss of the use of the member occasioned
20by the last independent accident."; and
21on page 58, line 5, after "exists", by inserting "and is
22admitted into evidence"; and



10000SB0012sam001- 3 -LRB100 06318 KTG 18422 a

1on page 65, lines 3 and 20, by replacing "7110.90" each time it
2appears with "9110.90"; and
3by deleting lines 22 through 25 of page 73, all of pages 74
4through 80, and lines 1 through 12 of page 81; and
5on page 86, by deleting lines 18 through 25; and
6by deleting all of pages 87 and 88; and
7on page 89, by deleting lines 1 through 7; and
8by replacing lines 20 through 26 of page 92 and lines 1 through
923 of page 93 with the following:
10    "Whether the employee is working or not, if the employee is
11not receiving or has not received medical, surgical, or
12hospital services or other services or compensation as provided
13in paragraph (a) of Section 8, or compensation as provided in
14paragraph (b) of Section 8, or if the employer has refused or
15failed to respond to a written request for authorization of
16medical care and treatment, the employee may at any time
17petition for an expedited hearing by an Arbitrator on the issue
18of whether or not he or she is entitled to receive payment of
19the services or compensation or authorization of medical care.
20Provided the employer continues to pay compensation pursuant to



10000SB0012sam001- 4 -LRB100 06318 KTG 18422 a

1paragraph (b) of Section 8, the employer may at any time
2petition for an expedited hearing on the issue of whether or
3not the employee is entitled to receive medical, surgical, or
4hospital services or other services or compensation as provided
5in paragraph (a) of Section 8, whether or not the employee is
6entitled to authorization of medical care and treatment, or
7compensation as provided in paragraph (b) of Section 8. When an
8employer has petitioned for an expedited hearing, the employer
9shall continue to pay compensation as provided in paragraph (b)
10of Section 8 unless the arbitrator renders a decision that the
11employee is not entitled to the benefits that are the subject
12of the expedited hearing or unless the employee's treating
13physician has released the employee to return to work at his or
14her regular job with the employer or the employee actually
15returns to work at any other job. If the arbitrator renders a
16decision that the employee is not entitled to the benefits or
17medical care that is are the subject of the expedited hearing,
18a petition for review filed by the employee shall receive the
19same priority as if the employee had filed a petition for an
20expedited hearing by an Arbitrator. Neither party shall be
21entitled to an expedited hearing when the employee has returned
22to work and the sole issue in dispute amounts to less than 12
23weeks of unpaid compensation pursuant to paragraph (b) of
24Section 8."; and
25on page 113, by replacing lines 7 through 18 with the



10000SB0012sam001- 5 -LRB100 06318 KTG 18422 a

2    "(k) In case where there has been any unreasonable or
3vexatious delay of payment or intentional underpayment of
4compensation, or proceedings have been instituted or carried on
5by the one liable to pay the compensation, which do not present
6a real controversy, but are merely frivolous or for delay, then
7the Commission may award compensation additional to that
8otherwise payable under this Act equal to 50% of the amount
9payable at the time of such award. Failure to pay compensation
10in accordance with the provisions of Section 8, paragraph (b)
11of this Act, shall be considered unreasonable delay."; and
12on page 131, by deleting lines 23 and 24; and
13on page 131, line 25, by changing "(6)" to "(5)"; and
14on page 132, line 2, by changing "(7)" to "(6)"; and
15on page 132, line 12, by changing "(8)" to "(7)".