HB1427 EnrolledLRB097 05066 AEK 45107 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Sections 1 and 8 as follows:
 
6    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
7    Sec. 1. This Act may be cited as the Workers' Compensation
8Act.
9    (a) The term "employer" as used in this Act means:
10    1. The State and each county, city, town, township,
11incorporated village, school district, body politic, or
12municipal corporation therein.
13    2. Every person, firm, public or private corporation,
14including hospitals, public service, eleemosynary, religious
15or charitable corporations or associations who has any person
16in service or under any contract for hire, express or implied,
17oral or written, and who is engaged in any of the enterprises
18or businesses enumerated in Section 3 of this Act, or who at or
19prior to the time of the accident to the employee for which
20compensation under this Act may be claimed, has in the manner
21provided in this Act elected to become subject to the
22provisions of this Act, and who has not, prior to such
23accident, effected a withdrawal of such election in the manner

 

 

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1provided in this Act.
2    3. Any one engaging in any business or enterprise referred
3to in subsections 1 and 2 of Section 3 of this Act who
4undertakes to do any work enumerated therein, is liable to pay
5compensation to his own immediate employees in accordance with
6the provisions of this Act, and in addition thereto if he
7directly or indirectly engages any contractor whether
8principal or sub-contractor to do any such work, he is liable
9to pay compensation to the employees of any such contractor or
10sub-contractor unless such contractor or sub-contractor has
11insured, in any company or association authorized under the
12laws of this State to insure the liability to pay compensation
13under this Act, or guaranteed his liability to pay such
14compensation. With respect to any time limitation on the filing
15of claims provided by this Act, the timely filing of a claim
16against a contractor or subcontractor, as the case may be,
17shall be deemed to be a timely filing with respect to all
18persons upon whom liability is imposed by this paragraph.
19    In the event any such person pays compensation under this
20subsection he may recover the amount thereof from the
21contractor or sub-contractor, if any, and in the event the
22contractor pays compensation under this subsection he may
23recover the amount thereof from the sub-contractor, if any.
24    This subsection does not apply in any case where the
25accident occurs elsewhere than on, in or about the immediate
26premises on which the principal has contracted that the work be

 

 

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1done.
2    4. Where an employer operating under and subject to the
3provisions of this Act loans an employee to another such
4employer and such loaned employee sustains a compensable
5accidental injury in the employment of such borrowing employer
6and where such borrowing employer does not provide or pay the
7benefits or payments due such injured employee, such loaning
8employer is liable to provide or pay all benefits or payments
9due such employee under this Act and as to such employee the
10liability of such loaning and borrowing employers is joint and
11several, provided that such loaning employer is in the absence
12of agreement to the contrary entitled to receive from such
13borrowing employer full reimbursement for all sums paid or
14incurred pursuant to this paragraph together with reasonable
15attorneys' fees and expenses in any hearings before the
16Illinois Workers' Compensation Commission or in any action to
17secure such reimbursement. Where any benefit is provided or
18paid by such loaning employer the employee has the duty of
19rendering reasonable cooperation in any hearings, trials or
20proceedings in the case, including such proceedings for
21reimbursement.
22    Where an employee files an Application for Adjustment of
23Claim with the Illinois Workers' Compensation Commission
24alleging that his claim is covered by the provisions of the
25preceding paragraph, and joining both the alleged loaning and
26borrowing employers, they and each of them, upon written demand

 

 

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1by the employee and within 7 days after receipt of such demand,
2shall have the duty of filing with the Illinois Workers'
3Compensation Commission a written admission or denial of the
4allegation that the claim is covered by the provisions of the
5preceding paragraph and in default of such filing or if any
6such denial be ultimately determined not to have been bona fide
7then the provisions of Paragraph K of Section 19 of this Act
8shall apply.
9    An employer whose business or enterprise or a substantial
10part thereof consists of hiring, procuring or furnishing
11employees to or for other employers operating under and subject
12to the provisions of this Act for the performance of the work
13of such other employers and who pays such employees their
14salary or wages notwithstanding that they are doing the work of
15such other employers shall be deemed a loaning employer within
16the meaning and provisions of this Section.
17    (b) The term "employee" as used in this Act means:
18    1. Every person in the service of the State, including
19members of the General Assembly, members of the Commerce
20Commission, members of the Illinois Workers' Compensation
21Commission, and all persons in the service of the University of
22Illinois, county, including deputy sheriffs and assistant
23state's attorneys, city, town, township, incorporated village
24or school district, body politic, or municipal corporation
25therein, whether by election, under appointment or contract of
26hire, express or implied, oral or written, including all

 

 

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1members of the Illinois National Guard while on active duty in
2the service of the State, and all probation personnel of the
3Juvenile Court appointed pursuant to Article VI of the Juvenile
4Court Act of 1987, and including any official of the State, any
5county, city, town, township, incorporated village, school
6district, body politic or municipal corporation therein except
7any duly appointed member of a police department in any city
8whose population exceeds 500,000 200,000 according to the last
9Federal or State census, and except any member of a fire
10insurance patrol maintained by a board of underwriters in this
11State. A duly appointed member of a fire department in any
12city, the population of which exceeds 500,000 200,000 according
13to the last federal or State census, is an employee under this
14Act only with respect to claims brought under paragraph (c) of
15Section 8.
16    One employed by a contractor who has contracted with the
17State, or a county, city, town, township, incorporated village,
18school district, body politic or municipal corporation
19therein, through its representatives, is not considered as an
20employee of the State, county, city, town, township,
21incorporated village, school district, body politic or
22municipal corporation which made the contract.
23    2. Every person in the service of another under any
24contract of hire, express or implied, oral or written,
25including persons whose employment is outside of the State of
26Illinois where the contract of hire is made within the State of

 

 

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1Illinois, persons whose employment results in fatal or
2non-fatal injuries within the State of Illinois where the
3contract of hire is made outside of the State of Illinois, and
4persons whose employment is principally localized within the
5State of Illinois, regardless of the place of the accident or
6the place where the contract of hire was made, and including
7aliens, and minors who, for the purpose of this Act are
8considered the same and have the same power to contract,
9receive payments and give quittances therefor, as adult
10employees.
11    3. Every sole proprietor and every partner of a business
12may elect to be covered by this Act.
13    An employee or his dependents under this Act who shall have
14a cause of action by reason of any injury, disablement or death
15arising out of and in the course of his employment may elect to
16pursue his remedy in the State where injured or disabled, or in
17the State where the contract of hire is made, or in the State
18where the employment is principally localized.
19    However, any employer may elect to provide and pay
20compensation to any employee other than those engaged in the
21usual course of the trade, business, profession or occupation
22of the employer by complying with Sections 2 and 4 of this Act.
23Employees are not included within the provisions of this Act
24when excluded by the laws of the United States relating to
25liability of employers to their employees for personal injuries
26where such laws are held to be exclusive.

 

 

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1    The term "employee" does not include persons performing
2services as real estate broker, broker-salesman, or salesman
3when such persons are paid by commission only.
4    (c) "Commission" means the Industrial Commission created
5by Section 5 of "The Civil Administrative Code of Illinois",
6approved March 7, 1917, as amended, or the Illinois Workers'
7Compensation Commission created by Section 13 of this Act.
8(Source: P.A. 93-721, eff. 1-1-05.)
 
9    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
10    Sec. 8. The amount of compensation which shall be paid to
11the employee for an accidental injury not resulting in death
12is:
13    (a) The employer shall provide and pay the negotiated rate,
14if applicable, or the lesser of the health care provider's
15actual charges or according to a fee schedule, subject to
16Section 8.2, in effect at the time the service was rendered for
17all the necessary first aid, medical and surgical services, and
18all necessary medical, surgical and hospital services
19thereafter incurred, limited, however, to that which is
20reasonably required to cure or relieve from the effects of the
21accidental injury. If the employer does not dispute payment of
22first aid, medical, surgical, and hospital services, the
23employer shall make such payment to the provider on behalf of
24the employee. The employer shall also pay for treatment,
25instruction and training necessary for the physical, mental and

 

 

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1vocational rehabilitation of the employee, including all
2maintenance costs and expenses incidental thereto. If as a
3result of the injury the employee is unable to be
4self-sufficient the employer shall further pay for such
5maintenance or institutional care as shall be required.
6    The employee may at any time elect to secure his own
7physician, surgeon and hospital services at the employer's
8expense, or,
9    Upon agreement between the employer and the employees, or
10the employees' exclusive representative, and subject to the
11approval of the Illinois Workers' Compensation Commission, the
12employer shall maintain a list of physicians, to be known as a
13Panel of Physicians, who are accessible to the employees. The
14employer shall post this list in a place or places easily
15accessible to his employees. The employee shall have the right
16to make an alternative choice of physician from such Panel if
17he is not satisfied with the physician first selected. If, due
18to the nature of the injury or its occurrence away from the
19employer's place of business, the employee is unable to make a
20selection from the Panel, the selection process from the Panel
21shall not apply. The physician selected from the Panel may
22arrange for any consultation, referral or other specialized
23medical services outside the Panel at the employer's expense.
24Provided that, in the event the Commission shall find that a
25doctor selected by the employee is rendering improper or
26inadequate care, the Commission may order the employee to

 

 

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1select another doctor certified or qualified in the medical
2field for which treatment is required. If the employee refuses
3to make such change the Commission may relieve the employer of
4his obligation to pay the doctor's charges from the date of
5refusal to the date of compliance.
6    Any vocational rehabilitation counselors who provide
7service under this Act shall have appropriate certifications
8which designate the counselor as qualified to render opinions
9relating to vocational rehabilitation. Vocational
10rehabilitation may include, but is not limited to, counseling
11for job searches, supervising a job search program, and
12vocational retraining including education at an accredited
13learning institution. The employee or employer may petition to
14the Commission to decide disputes relating to vocational
15rehabilitation and the Commission shall resolve any such
16dispute, including payment of the vocational rehabilitation
17program by the employer.
18    The maintenance benefit shall not be less than the
19temporary total disability rate determined for the employee. In
20addition, maintenance shall include costs and expenses
21incidental to the vocational rehabilitation program.
22    When the employee is working light duty on a part-time
23basis or full-time basis and earns less than he or she would be
24earning if employed in the full capacity of the job or jobs,
25then the employee shall be entitled to temporary partial
26disability benefits. Temporary partial disability benefits

 

 

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1shall be equal to two-thirds of the difference between the
2average amount that the employee would be able to earn in the
3full performance of his or her duties in the occupation in
4which he or she was engaged at the time of accident and the net
5amount which he or she is earning in the modified job provided
6to the employee by the employer or in any other job that the
7employee is working.
8    Every hospital, physician, surgeon or other person
9rendering treatment or services in accordance with the
10provisions of this Section shall upon written request furnish
11full and complete reports thereof to, and permit their records
12to be copied by, the employer, the employee or his dependents,
13as the case may be, or any other party to any proceeding for
14compensation before the Commission, or their attorneys.
15    Notwithstanding the foregoing, the employer's liability to
16pay for such medical services selected by the employee shall be
17limited to:
18        (1) all first aid and emergency treatment; plus
19        (2) all medical, surgical and hospital services
20    provided by the physician, surgeon or hospital initially
21    chosen by the employee or by any other physician,
22    consultant, expert, institution or other provider of
23    services recommended by said initial service provider or
24    any subsequent provider of medical services in the chain of
25    referrals from said initial service provider; plus
26        (3) all medical, surgical and hospital services

 

 

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1    provided by any second physician, surgeon or hospital
2    subsequently chosen by the employee or by any other
3    physician, consultant, expert, institution or other
4    provider of services recommended by said second service
5    provider or any subsequent provider of medical services in
6    the chain of referrals from said second service provider.
7    Thereafter the employer shall select and pay for all
8    necessary medical, surgical and hospital treatment and the
9    employee may not select a provider of medical services at
10    the employer's expense unless the employer agrees to such
11    selection. At any time the employee may obtain any medical
12    treatment he desires at his own expense. This paragraph
13    shall not affect the duty to pay for rehabilitation
14    referred to above.
15    When an employer and employee so agree in writing, nothing
16in this Act prevents an employee whose injury or disability has
17been established under this Act, from relying in good faith, on
18treatment by prayer or spiritual means alone, in accordance
19with the tenets and practice of a recognized church or
20religious denomination, by a duly accredited practitioner
21thereof, and having nursing services appropriate therewith,
22without suffering loss or diminution of the compensation
23benefits under this Act. However, the employee shall submit to
24all physical examinations required by this Act. The cost of
25such treatment and nursing care shall be paid by the employee
26unless the employer agrees to make such payment.

 

 

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1    Where the accidental injury results in the amputation of an
2arm, hand, leg or foot, or the enucleation of an eye, or the
3loss of any of the natural teeth, the employer shall furnish an
4artificial of any such members lost or damaged in accidental
5injury arising out of and in the course of employment, and
6shall also furnish the necessary braces in all proper and
7necessary cases. In cases of the loss of a member or members by
8amputation, the employer shall, whenever necessary, maintain
9in good repair, refit or replace the artificial limbs during
10the lifetime of the employee. Where the accidental injury
11accompanied by physical injury results in damage to a denture,
12eye glasses or contact eye lenses, or where the accidental
13injury results in damage to an artificial member, the employer
14shall replace or repair such denture, glasses, lenses, or
15artificial member.
16    The furnishing by the employer of any such services or
17appliances is not an admission of liability on the part of the
18employer to pay compensation.
19    The furnishing of any such services or appliances or the
20servicing thereof by the employer is not the payment of
21compensation.
22    (b) If the period of temporary total incapacity for work
23lasts more than 3 working days, weekly compensation as
24hereinafter provided shall be paid beginning on the 4th day of
25such temporary total incapacity and continuing as long as the
26total temporary incapacity lasts. In cases where the temporary

 

 

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1total incapacity for work continues for a period of 14 days or
2more from the day of the accident compensation shall commence
3on the day after the accident.
4        1. The compensation rate for temporary total
5    incapacity under this paragraph (b) of this Section shall
6    be equal to 66 2/3% of the employee's average weekly wage
7    computed in accordance with Section 10, provided that it
8    shall be not less than 66 2/3% of the sum of the Federal
9    minimum wage under the Fair Labor Standards Act, or the
10    Illinois minimum wage under the Minimum Wage Law, whichever
11    is more, multiplied by 40 hours. This percentage rate shall
12    be increased by 10% for each spouse and child, not to
13    exceed 100% of the total minimum wage calculation,
14    nor exceed the employee's average weekly wage computed in
15    accordance with the provisions of Section 10, whichever is
16    less.
17        2. The compensation rate in all cases other than for
18    temporary total disability under this paragraph (b), and
19    other than for serious and permanent disfigurement under
20    paragraph (c) and other than for permanent partial
21    disability under subparagraph (2) of paragraph (d) or under
22    paragraph (e), of this Section shall be equal to 66 2/3% of
23    the employee's average weekly wage computed in accordance
24    with the provisions of Section 10, provided that it shall
25    be not less than 66 2/3% of the sum of the Federal minimum
26    wage under the Fair Labor Standards Act, or the Illinois

 

 

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1    minimum wage under the Minimum Wage Law, whichever is more,
2    multiplied by 40 hours. This percentage rate shall be
3    increased by 10% for each spouse and child, not to exceed
4    100% of the total minimum wage calculation,
5    nor exceed the employee's average weekly wage computed in
6    accordance with the provisions of Section 10, whichever is
7    less.
8        2.1. The compensation rate in all cases of serious and
9    permanent disfigurement under paragraph (c) and of
10    permanent partial disability under subparagraph (2) of
11    paragraph (d) or under paragraph (e) of this Section shall
12    be equal to 60% of the employee's average weekly wage
13    computed in accordance with the provisions of Section 10,
14    provided that it shall be not less than 66 2/3% of the sum
15    of the Federal minimum wage under the Fair Labor Standards
16    Act, or the Illinois minimum wage under the Minimum Wage
17    Law, whichever is more, multiplied by 40 hours. This
18    percentage rate shall be increased by 10% for each spouse
19    and child, not to exceed 100% of the total minimum wage
20    calculation,
21    nor exceed the employee's average weekly wage computed in
22    accordance with the provisions of Section 10, whichever is
23    less.
24        3. As used in this Section the term "child" means a
25    child of the employee including any child legally adopted
26    before the accident or whom at the time of the accident the

 

 

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1    employee was under legal obligation to support or to whom
2    the employee stood in loco parentis, and who at the time of
3    the accident was under 18 years of age and not emancipated.
4    The term "children" means the plural of "child".
5        4. All weekly compensation rates provided under
6    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
7    Section shall be subject to the following limitations:
8        The maximum weekly compensation rate from July 1, 1975,
9    except as hereinafter provided, shall be 100% of the
10    State's average weekly wage in covered industries under the
11    Unemployment Insurance Act, that being the wage that most
12    closely approximates the State's average weekly wage.
13        The maximum weekly compensation rate, for the period
14    July 1, 1984, through June 30, 1987, except as hereinafter
15    provided, shall be $293.61. Effective July 1, 1987 and on
16    July 1 of each year thereafter the maximum weekly
17    compensation rate, except as hereinafter provided, shall
18    be determined as follows: if during the preceding 12 month
19    period there shall have been an increase in the State's
20    average weekly wage in covered industries under the
21    Unemployment Insurance Act, the weekly compensation rate
22    shall be proportionately increased by the same percentage
23    as the percentage of increase in the State's average weekly
24    wage in covered industries under the Unemployment
25    Insurance Act during such period.
26        The maximum weekly compensation rate, for the period

 

 

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1    January 1, 1981 through December 31, 1983, except as
2    hereinafter provided, shall be 100% of the State's average
3    weekly wage in covered industries under the Unemployment
4    Insurance Act in effect on January 1, 1981. Effective
5    January 1, 1984 and on January 1, of each year thereafter
6    the maximum weekly compensation rate, except as
7    hereinafter provided, shall be determined as follows: if
8    during the preceding 12 month period there shall have been
9    an increase in the State's average weekly wage in covered
10    industries under the Unemployment Insurance Act, the
11    weekly compensation rate shall be proportionately
12    increased by the same percentage as the percentage of
13    increase in the State's average weekly wage in covered
14    industries under the Unemployment Insurance Act during
15    such period.
16        From July 1, 1977 and thereafter such maximum weekly
17    compensation rate in death cases under Section 7, and
18    permanent total disability cases under paragraph (f) or
19    subparagraph 18 of paragraph (3) of this Section and for
20    temporary total disability under paragraph (b) of this
21    Section and for amputation of a member or enucleation of an
22    eye under paragraph (e) of this Section shall be increased
23    to 133-1/3% of the State's average weekly wage in covered
24    industries under the Unemployment Insurance Act.
25        For injuries occurring on or after February 1, 2006,
26    the maximum weekly benefit under paragraph (d)1 of this

 

 

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1    Section shall be 100% of the State's average weekly wage in
2    covered industries under the Unemployment Insurance Act.
3        4.1. Any provision herein to the contrary
4    notwithstanding, the weekly compensation rate for
5    compensation payments under subparagraph 18 of paragraph
6    (e) of this Section and under paragraph (f) of this Section
7    and under paragraph (a) of Section 7 and for amputation of
8    a member or enucleation of an eye under paragraph (e) of
9    this Section, shall in no event be less than 50% of the
10    State's average weekly wage in covered industries under the
11    Unemployment Insurance Act.
12        4.2. Any provision to the contrary notwithstanding,
13    the total compensation payable under Section 7 shall not
14    exceed the greater of $500,000 or 25 years.
15        5. For the purpose of this Section this State's average
16    weekly wage in covered industries under the Unemployment
17    Insurance Act on July 1, 1975 is hereby fixed at $228.16
18    per week and the computation of compensation rates shall be
19    based on the aforesaid average weekly wage until modified
20    as hereinafter provided.
21        6. The Department of Employment Security of the State
22    shall on or before the first day of December, 1977, and on
23    or before the first day of June, 1978, and on the first day
24    of each December and June of each year thereafter, publish
25    the State's average weekly wage in covered industries under
26    the Unemployment Insurance Act and the Illinois Workers'

 

 

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1    Compensation Commission shall on the 15th day of January,
2    1978 and on the 15th day of July, 1978 and on the 15th day
3    of each January and July of each year thereafter, post and
4    publish the State's average weekly wage in covered
5    industries under the Unemployment Insurance Act as last
6    determined and published by the Department of Employment
7    Security. The amount when so posted and published shall be
8    conclusive and shall be applicable as the basis of
9    computation of compensation rates until the next posting
10    and publication as aforesaid.
11        7. The payment of compensation by an employer or his
12    insurance carrier to an injured employee shall not
13    constitute an admission of the employer's liability to pay
14    compensation.
15    (c) For any serious and permanent disfigurement to the
16hand, head, face, neck, arm, leg below the knee or the chest
17above the axillary line, the employee is entitled to
18compensation for such disfigurement, the amount determined by
19agreement at any time or by arbitration under this Act, at a
20hearing not less than 6 months after the date of the accidental
21injury, which amount shall not exceed 150 weeks (if the
22accidental injury occurs on or after the effective date of this
23amendatory Act of the 94th General Assembly but before February
241, 2006) or 162 weeks (if the accidental injury occurs on or
25after February 1, 2006) at the applicable rate provided in
26subparagraph 2.1 of paragraph (b) of this Section.

 

 

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1    No compensation is payable under this paragraph where
2compensation is payable under paragraphs (d), (e) or (f) of
3this Section.
4    A duly appointed member of a fire department in a city, the
5population of which exceeds 500,000 200,000 according to the
6last federal or State census, is eligible for compensation
7under this paragraph only where such serious and permanent
8disfigurement results from burns.
9    (d) 1. If, after the accidental injury has been sustained,
10the employee as a result thereof becomes partially
11incapacitated from pursuing his usual and customary line of
12employment, he shall, except in cases compensated under the
13specific schedule set forth in paragraph (e) of this Section,
14receive compensation for the duration of his disability,
15subject to the limitations as to maximum amounts fixed in
16paragraph (b) of this Section, equal to 66-2/3% of the
17difference between the average amount which he would be able to
18earn in the full performance of his duties in the occupation in
19which he was engaged at the time of the accident and the
20average amount which he is earning or is able to earn in some
21suitable employment or business after the accident.
22    2. If, as a result of the accident, the employee sustains
23serious and permanent injuries not covered by paragraphs (c)
24and (e) of this Section or having sustained injuries covered by
25the aforesaid paragraphs (c) and (e), he shall have sustained
26in addition thereto other injuries which injuries do not

 

 

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1incapacitate him from pursuing the duties of his employment but
2which would disable him from pursuing other suitable
3occupations, or which have otherwise resulted in physical
4impairment; or if such injuries partially incapacitate him from
5pursuing the duties of his usual and customary line of
6employment but do not result in an impairment of earning
7capacity, or having resulted in an impairment of earning
8capacity, the employee elects to waive his right to recover
9under the foregoing subparagraph 1 of paragraph (d) of this
10Section then in any of the foregoing events, he shall receive
11in addition to compensation for temporary total disability
12under paragraph (b) of this Section, compensation at the rate
13provided in subparagraph 2.1 of paragraph (b) of this Section
14for that percentage of 500 weeks that the partial disability
15resulting from the injuries covered by this paragraph bears to
16total disability. If the employee shall have sustained a
17fracture of one or more vertebra or fracture of the skull, the
18amount of compensation allowed under this Section shall be not
19less than 6 weeks for a fractured skull and 6 weeks for each
20fractured vertebra, and in the event the employee shall have
21sustained a fracture of any of the following facial bones:
22nasal, lachrymal, vomer, zygoma, maxilla, palatine or
23mandible, the amount of compensation allowed under this Section
24shall be not less than 2 weeks for each such fractured bone,
25and for a fracture of each transverse process not less than 3
26weeks. In the event such injuries shall result in the loss of a

 

 

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1kidney, spleen or lung, the amount of compensation allowed
2under this Section shall be not less than 10 weeks for each
3such organ. Compensation awarded under this subparagraph 2
4shall not take into consideration injuries covered under
5paragraphs (c) and (e) of this Section and the compensation
6provided in this paragraph shall not affect the employee's
7right to compensation payable under paragraphs (b), (c) and (e)
8of this Section for the disabilities therein covered.
9    (e) For accidental injuries in the following schedule, the
10employee shall receive compensation for the period of temporary
11total incapacity for work resulting from such accidental
12injury, under subparagraph 1 of paragraph (b) of this Section,
13and shall receive in addition thereto compensation for a
14further period for the specific loss herein mentioned, but
15shall not receive any compensation under any other provisions
16of this Act. The following listed amounts apply to either the
17loss of or the permanent and complete loss of use of the member
18specified, such compensation for the length of time as follows:
19        1. Thumb-
20            70 weeks if the accidental injury occurs on or
21        after the effective date of this amendatory Act of the
22        94th General Assembly but before February 1, 2006.
23            76 weeks if the accidental injury occurs on or
24        after February 1, 2006.
25        2. First, or index finger-
26            40 weeks if the accidental injury occurs on or

 

 

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1        after the effective date of this amendatory Act of the
2        94th General Assembly but before February 1, 2006.
3            43 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5        3. Second, or middle finger-
6            35 weeks if the accidental injury occurs on or
7        after the effective date of this amendatory Act of the
8        94th General Assembly but before February 1, 2006.
9            38 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11        4. Third, or ring finger-
12            25 weeks if the accidental injury occurs on or
13        after the effective date of this amendatory Act of the
14        94th General Assembly but before February 1, 2006.
15            27 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        5. Fourth, or little finger-
18            20 weeks if the accidental injury occurs on or
19        after the effective date of this amendatory Act of the
20        94th General Assembly but before February 1, 2006.
21            22 weeks if the accidental injury occurs on or
22        after February 1, 2006.
23        6. Great toe-
24            35 weeks if the accidental injury occurs on or
25        after the effective date of this amendatory Act of the
26        94th General Assembly but before February 1, 2006.

 

 

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1            38 weeks if the accidental injury occurs on or
2        after February 1, 2006.
3        7. Each toe other than great toe-
4            12 weeks if the accidental injury occurs on or
5        after the effective date of this amendatory Act of the
6        94th General Assembly but before February 1, 2006.
7            13 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        8. The loss of the first or distal phalanx of the thumb
10    or of any finger or toe shall be considered to be equal to
11    the loss of one-half of such thumb, finger or toe and the
12    compensation payable shall be one-half of the amount above
13    specified. The loss of more than one phalanx shall be
14    considered as the loss of the entire thumb, finger or toe.
15    In no case shall the amount received for more than one
16    finger exceed the amount provided in this schedule for the
17    loss of a hand.
18        9. Hand-
19            190 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            205 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        The loss of 2 or more digits, or one or more phalanges
25    of 2 or more digits, of a hand may be compensated on the
26    basis of partial loss of use of a hand, provided, further,

 

 

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1    that the loss of 4 digits, or the loss of use of 4 digits,
2    in the same hand shall constitute the complete loss of a
3    hand.
4        10. Arm-
5            235 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            253 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        Where an accidental injury results in the amputation of
11    an arm below the elbow, such injury shall be compensated as
12    a loss of an arm. Where an accidental injury results in the
13    amputation of an arm above the elbow, compensation for an
14    additional 15 weeks (if the accidental injury occurs on or
15    after the effective date of this amendatory Act of the 94th
16    General Assembly but before February 1, 2006) or an
17    additional 17 weeks (if the accidental injury occurs on or
18    after February 1, 2006) shall be paid, except where the
19    accidental injury results in the amputation of an arm at
20    the shoulder joint, or so close to shoulder joint that an
21    artificial arm cannot be used, or results in the
22    disarticulation of an arm at the shoulder joint, in which
23    case compensation for an additional 65 weeks (if the
24    accidental injury occurs on or after the effective date of
25    this amendatory Act of the 94th General Assembly but before
26    February 1, 2006) or an additional 70 weeks (if the

 

 

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1    accidental injury occurs on or after February 1, 2006)
2    shall be paid.
3        11. Foot-
4            155 weeks if the accidental injury occurs on or
5        after the effective date of this amendatory Act of the
6        94th General Assembly but before February 1, 2006.
7            167 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        12. Leg-
10            200 weeks if the accidental injury occurs on or
11        after the effective date of this amendatory Act of the
12        94th General Assembly but before February 1, 2006.
13            215 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        Where an accidental injury results in the amputation of
16    a leg below the knee, such injury shall be compensated as
17    loss of a leg. Where an accidental injury results in the
18    amputation of a leg above the knee, compensation for an
19    additional 25 weeks (if the accidental injury occurs on or
20    after the effective date of this amendatory Act of the 94th
21    General Assembly but before February 1, 2006) or an
22    additional 27 weeks (if the accidental injury occurs on or
23    after February 1, 2006) shall be paid, except where the
24    accidental injury results in the amputation of a leg at the
25    hip joint, or so close to the hip joint that an artificial
26    leg cannot be used, or results in the disarticulation of a

 

 

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1    leg at the hip joint, in which case compensation for an
2    additional 75 weeks (if the accidental injury occurs on or
3    after the effective date of this amendatory Act of the 94th
4    General Assembly but before February 1, 2006) or an
5    additional 81 weeks (if the accidental injury occurs on or
6    after February 1, 2006) shall be paid.
7        13. Eye-
8            150 weeks if the accidental injury occurs on or
9        after the effective date of this amendatory Act of the
10        94th General Assembly but before February 1, 2006.
11            162 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        Where an accidental injury results in the enucleation
14    of an eye, compensation for an additional 10 weeks (if the
15    accidental injury occurs on or after the effective date of
16    this amendatory Act of the 94th General Assembly but before
17    February 1, 2006) or an additional 11 weeks (if the
18    accidental injury occurs on or after February 1, 2006)
19    shall be paid.
20        14. Loss of hearing of one ear-
21            50 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            54 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        Total and permanent loss of hearing of both ears-

 

 

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1            200 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            215 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6        15. Testicle-
7            50 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            54 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        Both testicles-
13            150 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            162 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        16. For the permanent partial loss of use of a member
19    or sight of an eye, or hearing of an ear, compensation
20    during that proportion of the number of weeks in the
21    foregoing schedule provided for the loss of such member or
22    sight of an eye, or hearing of an ear, which the partial
23    loss of use thereof bears to the total loss of use of such
24    member, or sight of eye, or hearing of an ear.
25            (a) Loss of hearing for compensation purposes
26        shall be confined to the frequencies of 1,000, 2,000

 

 

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1        and 3,000 cycles per second. Loss of hearing ability
2        for frequency tones above 3,000 cycles per second are
3        not to be considered as constituting disability for
4        hearing.
5            (b) The percent of hearing loss, for purposes of
6        the determination of compensation claims for
7        occupational deafness, shall be calculated as the
8        average in decibels for the thresholds of hearing for
9        the frequencies of 1,000, 2,000 and 3,000 cycles per
10        second. Pure tone air conduction audiometric
11        instruments, approved by nationally recognized
12        authorities in this field, shall be used for measuring
13        hearing loss. If the losses of hearing average 30
14        decibels or less in the 3 frequencies, such losses of
15        hearing shall not then constitute any compensable
16        hearing disability. If the losses of hearing average 85
17        decibels or more in the 3 frequencies, then the same
18        shall constitute and be total or 100% compensable
19        hearing loss.
20            (c) In measuring hearing impairment, the lowest
21        measured losses in each of the 3 frequencies shall be
22        added together and divided by 3 to determine the
23        average decibel loss. For every decibel of loss
24        exceeding 30 decibels an allowance of 1.82% shall be
25        made up to the maximum of 100% which is reached at 85
26        decibels.

 

 

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1            (d) If a hearing loss is established to have
2        existed on July 1, 1975 by audiometric testing the
3        employer shall not be liable for the previous loss so
4        established nor shall he be liable for any loss for
5        which compensation has been paid or awarded.
6            (e) No consideration shall be given to the question
7        of whether or not the ability of an employee to
8        understand speech is improved by the use of a hearing
9        aid.
10            (f) No claim for loss of hearing due to industrial
11        noise shall be brought against an employer or allowed
12        unless the employee has been exposed for a period of
13        time sufficient to cause permanent impairment to noise
14        levels in excess of the following:
15Sound Level DBA
16Slow ResponseHours Per Day
17908
18926
19954
20973
211002
221021-1/2
231051
241101/2
251151/4
26        This subparagraph (f) shall not be applied in cases of

 

 

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1    hearing loss resulting from trauma or explosion.
2        17. In computing the compensation to be paid to any
3    employee who, before the accident for which he claims
4    compensation, had before that time sustained an injury
5    resulting in the loss by amputation or partial loss by
6    amputation of any member, including hand, arm, thumb or
7    fingers, leg, foot or any toes, such loss or partial loss
8    of any such member shall be deducted from any award made
9    for the subsequent injury. For the permanent loss of use or
10    the permanent partial loss of use of any such member or the
11    partial loss of sight of an eye, for which compensation has
12    been paid, then such loss shall be taken into consideration
13    and deducted from any award for the subsequent injury.
14        18. The specific case of loss of both hands, both arms,
15    or both feet, or both legs, or both eyes, or of any two
16    thereof, or the permanent and complete loss of the use
17    thereof, constitutes total and permanent disability, to be
18    compensated according to the compensation fixed by
19    paragraph (f) of this Section. These specific cases of
20    total and permanent disability do not exclude other cases.
21        Any employee who has previously suffered the loss or
22    permanent and complete loss of the use of any of such
23    members, and in a subsequent independent accident loses
24    another or suffers the permanent and complete loss of the
25    use of any one of such members the employer for whom the
26    injured employee is working at the time of the last

 

 

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1    independent accident is liable to pay compensation only for
2    the loss or permanent and complete loss of the use of the
3    member occasioned by the last independent accident.
4        19. In a case of specific loss and the subsequent death
5    of such injured employee from other causes than such injury
6    leaving a widow, widower, or dependents surviving before
7    payment or payment in full for such injury, then the amount
8    due for such injury is payable to the widow or widower and,
9    if there be no widow or widower, then to such dependents,
10    in the proportion which such dependency bears to total
11    dependency.
12    Beginning July 1, 1980, and every 6 months thereafter, the
13Commission shall examine the Second Injury Fund and when, after
14deducting all advances or loans made to such Fund, the amount
15therein is $500,000 then the amount required to be paid by
16employers pursuant to paragraph (f) of Section 7 shall be
17reduced by one-half. When the Second Injury Fund reaches the
18sum of $600,000 then the payments shall cease entirely.
19However, when the Second Injury Fund has been reduced to
20$400,000, payment of one-half of the amounts required by
21paragraph (f) of Section 7 shall be resumed, in the manner
22herein provided, and when the Second Injury Fund has been
23reduced to $300,000, payment of the full amounts required by
24paragraph (f) of Section 7 shall be resumed, in the manner
25herein provided. The Commission shall make the changes in
26payment effective by general order, and the changes in payment

 

 

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1become immediately effective for all cases coming before the
2Commission thereafter either by settlement agreement or final
3order, irrespective of the date of the accidental injury.
4    On August 1, 1996 and on February 1 and August 1 of each
5subsequent year, the Commission shall examine the special fund
6designated as the "Rate Adjustment Fund" and when, after
7deducting all advances or loans made to said fund, the amount
8therein is $4,000,000, the amount required to be paid by
9employers pursuant to paragraph (f) of Section 7 shall be
10reduced by one-half. When the Rate Adjustment Fund reaches the
11sum of $5,000,000 the payment therein shall cease entirely.
12However, when said Rate Adjustment Fund has been reduced to
13$3,000,000 the amounts required by paragraph (f) of Section 7
14shall be resumed in the manner herein provided.
15    (f) In case of complete disability, which renders the
16employee wholly and permanently incapable of work, or in the
17specific case of total and permanent disability as provided in
18subparagraph 18 of paragraph (e) of this Section, compensation
19shall be payable at the rate provided in subparagraph 2 of
20paragraph (b) of this Section for life.
21    An employee entitled to benefits under paragraph (f) of
22this Section shall also be entitled to receive from the Rate
23Adjustment Fund provided in paragraph (f) of Section 7 of the
24supplementary benefits provided in paragraph (g) of this
25Section 8.
26    If any employee who receives an award under this paragraph

 

 

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1afterwards returns to work or is able to do so, and earns or is
2able to earn as much as before the accident, payments under
3such award shall cease. If such employee returns to work, or is
4able to do so, and earns or is able to earn part but not as much
5as before the accident, such award shall be modified so as to
6conform to an award under paragraph (d) of this Section. If
7such award is terminated or reduced under the provisions of
8this paragraph, such employees have the right at any time
9within 30 months after the date of such termination or
10reduction to file petition with the Commission for the purpose
11of determining whether any disability exists as a result of the
12original accidental injury and the extent thereof.
13    Disability as enumerated in subdivision 18, paragraph (e)
14of this Section is considered complete disability.
15    If an employee who had previously incurred loss or the
16permanent and complete loss of use of one member, through the
17loss or the permanent and complete loss of the use of one hand,
18one arm, one foot, one leg, or one eye, incurs permanent and
19complete disability through the loss or the permanent and
20complete loss of the use of another member, he shall receive,
21in addition to the compensation payable by the employer and
22after such payments have ceased, an amount from the Second
23Injury Fund provided for in paragraph (f) of Section 7, which,
24together with the compensation payable from the employer in
25whose employ he was when the last accidental injury was
26incurred, will equal the amount payable for permanent and

 

 

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1complete disability as provided in this paragraph of this
2Section.
3    The custodian of the Second Injury Fund provided for in
4paragraph (f) of Section 7 shall be joined with the employer as
5a party respondent in the application for adjustment of claim.
6The application for adjustment of claim shall state briefly and
7in general terms the approximate time and place and manner of
8the loss of the first member.
9    In its award the Commission or the Arbitrator shall
10specifically find the amount the injured employee shall be
11weekly paid, the number of weeks compensation which shall be
12paid by the employer, the date upon which payments begin out of
13the Second Injury Fund provided for in paragraph (f) of Section
147 of this Act, the length of time the weekly payments continue,
15the date upon which the pension payments commence and the
16monthly amount of the payments. The Commission shall 30 days
17after the date upon which payments out of the Second Injury
18Fund have begun as provided in the award, and every month
19thereafter, prepare and submit to the State Comptroller a
20voucher for payment for all compensation accrued to that date
21at the rate fixed by the Commission. The State Comptroller
22shall draw a warrant to the injured employee along with a
23receipt to be executed by the injured employee and returned to
24the Commission. The endorsed warrant and receipt is a full and
25complete acquittance to the Commission for the payment out of
26the Second Injury Fund. No other appropriation or warrant is

 

 

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1necessary for payment out of the Second Injury Fund. The Second
2Injury Fund is appropriated for the purpose of making payments
3according to the terms of the awards.
4    As of July 1, 1980 to July 1, 1982, all claims against and
5obligations of the Second Injury Fund shall become claims
6against and obligations of the Rate Adjustment Fund to the
7extent there is insufficient money in the Second Injury Fund to
8pay such claims and obligations. In that case, all references
9to "Second Injury Fund" in this Section shall also include the
10Rate Adjustment Fund.
11    (g) Every award for permanent total disability entered by
12the Commission on and after July 1, 1965 under which
13compensation payments shall become due and payable after the
14effective date of this amendatory Act, and every award for
15death benefits or permanent total disability entered by the
16Commission on and after the effective date of this amendatory
17Act shall be subject to annual adjustments as to the amount of
18the compensation rate therein provided. Such adjustments shall
19first be made on July 15, 1977, and all awards made and entered
20prior to July 1, 1975 and on July 15 of each year thereafter.
21In all other cases such adjustment shall be made on July 15 of
22the second year next following the date of the entry of the
23award and shall further be made on July 15 annually thereafter.
24If during the intervening period from the date of the entry of
25the award, or the last periodic adjustment, there shall have
26been an increase in the State's average weekly wage in covered

 

 

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1industries under the Unemployment Insurance Act, the weekly
2compensation rate shall be proportionately increased by the
3same percentage as the percentage of increase in the State's
4average weekly wage in covered industries under the
5Unemployment Insurance Act. The increase in the compensation
6rate under this paragraph shall in no event bring the total
7compensation rate to an amount greater than the prevailing
8maximum rate at the time that the annual adjustment is made.
9Such increase shall be paid in the same manner as herein
10provided for payments under the Second Injury Fund to the
11injured employee, or his dependents, as the case may be, out of
12the Rate Adjustment Fund provided in paragraph (f) of Section 7
13of this Act. Payments shall be made at the same intervals as
14provided in the award or, at the option of the Commission, may
15be made in quarterly payment on the 15th day of January, April,
16July and October of each year. In the event of a decrease in
17such average weekly wage there shall be no change in the then
18existing compensation rate. The within paragraph shall not
19apply to cases where there is disputed liability and in which a
20compromise lump sum settlement between the employer and the
21injured employee, or his dependents, as the case may be, has
22been duly approved by the Illinois Workers' Compensation
23Commission.
24    Provided, that in cases of awards entered by the Commission
25for injuries occurring before July 1, 1975, the increases in
26the compensation rate adjusted under the foregoing provision of

 

 

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1this paragraph (g) shall be limited to increases in the State's
2average weekly wage in covered industries under the
3Unemployment Insurance Act occurring after July 1, 1975.
4    For every accident occurring on or after July 20, 2005 but
5before the effective date of this amendatory Act of the 94th
6General Assembly (Senate Bill 1283 of the 94th General
7Assembly), the annual adjustments to the compensation rate in
8awards for death benefits or permanent total disability, as
9provided in this Act, shall be paid by the employer. The
10adjustment shall be made by the employer on July 15 of the
11second year next following the date of the entry of the award
12and shall further be made on July 15 annually thereafter. If
13during the intervening period from the date of the entry of the
14award, or the last periodic adjustment, there shall have been
15an increase in the State's average weekly wage in covered
16industries under the Unemployment Insurance Act, the employer
17shall increase the weekly compensation rate proportionately by
18the same percentage as the percentage of increase in the
19State's average weekly wage in covered industries under the
20Unemployment Insurance Act. The increase in the compensation
21rate under this paragraph shall in no event bring the total
22compensation rate to an amount greater than the prevailing
23maximum rate at the time that the annual adjustment is made. In
24the event of a decrease in such average weekly wage there shall
25be no change in the then existing compensation rate. Such
26increase shall be paid by the employer in the same manner and

 

 

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1at the same intervals as the payment of compensation in the
2award. This paragraph shall not apply to cases where there is
3disputed liability and in which a compromise lump sum
4settlement between the employer and the injured employee, or
5his or her dependents, as the case may be, has been duly
6approved by the Illinois Workers' Compensation Commission.
7    The annual adjustments for every award of death benefits or
8permanent total disability involving accidents occurring
9before July 20, 2005 and accidents occurring on or after the
10effective date of this amendatory Act of the 94th General
11Assembly (Senate Bill 1283 of the 94th General Assembly) shall
12continue to be paid from the Rate Adjustment Fund pursuant to
13this paragraph and Section 7(f) of this Act.
14    (h) In case death occurs from any cause before the total
15compensation to which the employee would have been entitled has
16been paid, then in case the employee leaves any widow, widower,
17child, parent (or any grandchild, grandparent or other lineal
18heir or any collateral heir dependent at the time of the
19accident upon the earnings of the employee to the extent of 50%
20or more of total dependency) such compensation shall be paid to
21the beneficiaries of the deceased employee and distributed as
22provided in paragraph (g) of Section 7.
23    (h-1) In case an injured employee is under legal disability
24at the time when any right or privilege accrues to him or her
25under this Act, a guardian may be appointed pursuant to law,
26and may, on behalf of such person under legal disability, claim

 

 

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1and exercise any such right or privilege with the same effect
2as if the employee himself or herself had claimed or exercised
3the right or privilege. No limitations of time provided by this
4Act run so long as the employee who is under legal disability
5is without a conservator or guardian.
6    (i) In case the injured employee is under 16 years of age
7at the time of the accident and is illegally employed, the
8amount of compensation payable under paragraphs (b), (c), (d),
9(e) and (f) of this Section is increased 50%.
10    However, where an employer has on file an employment
11certificate issued pursuant to the Child Labor Law or work
12permit issued pursuant to the Federal Fair Labor Standards Act,
13as amended, or a birth certificate properly and duly issued,
14such certificate, permit or birth certificate is conclusive
15evidence as to the age of the injured minor employee for the
16purposes of this Section.
17    Nothing herein contained repeals or amends the provisions
18of the Child Labor Law relating to the employment of minors
19under the age of 16 years.
20    (j) 1. In the event the injured employee receives benefits,
21including medical, surgical or hospital benefits under any
22group plan covering non-occupational disabilities contributed
23to wholly or partially by the employer, which benefits should
24not have been payable if any rights of recovery existed under
25this Act, then such amounts so paid to the employee from any
26such group plan as shall be consistent with, and limited to,

 

 

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1the provisions of paragraph 2 hereof, shall be credited to or
2against any compensation payment for temporary total
3incapacity for work or any medical, surgical or hospital
4benefits made or to be made under this Act. In such event, the
5period of time for giving notice of accidental injury and
6filing application for adjustment of claim does not commence to
7run until the termination of such payments. This paragraph does
8not apply to payments made under any group plan which would
9have been payable irrespective of an accidental injury under
10this Act. Any employer receiving such credit shall keep such
11employee safe and harmless from any and all claims or
12liabilities that may be made against him by reason of having
13received such payments only to the extent of such credit.
14    Any excess benefits paid to or on behalf of a State
15employee by the State Employees' Retirement System under
16Article 14 of the Illinois Pension Code on a death claim or
17disputed disability claim shall be credited against any
18payments made or to be made by the State of Illinois to or on
19behalf of such employee under this Act, except for payments for
20medical expenses which have already been incurred at the time
21of the award. The State of Illinois shall directly reimburse
22the State Employees' Retirement System to the extent of such
23credit.
24    2. Nothing contained in this Act shall be construed to give
25the employer or the insurance carrier the right to credit for
26any benefits or payments received by the employee other than

 

 

HB1427 Enrolled- 41 -LRB097 05066 AEK 45107 b

1compensation payments provided by this Act, and where the
2employee receives payments other than compensation payments,
3whether as full or partial salary, group insurance benefits,
4bonuses, annuities or any other payments, the employer or
5insurance carrier shall receive credit for each such payment
6only to the extent of the compensation that would have been
7payable during the period covered by such payment.
8    3. The extension of time for the filing of an Application
9for Adjustment of Claim as provided in paragraph 1 above shall
10not apply to those cases where the time for such filing had
11expired prior to the date on which payments or benefits
12enumerated herein have been initiated or resumed. Provided
13however that this paragraph 3 shall apply only to cases wherein
14the payments or benefits hereinabove enumerated shall be
15received after July 1, 1969.
16(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
1794-695, eff. 11-16-05.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.