Sen. John J. Cullerton

Filed: 5/28/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2891

2    AMENDMENT NO. ______. Amend House Bill 2891, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Workers' Compensation Act is amended by
6changing Section 19 as follows:
 
7    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
8    Sec. 19. Any disputed questions of law or fact shall be
9determined as herein provided.
10    (a) It shall be the duty of the Commission upon
11notification that the parties have failed to reach an
12agreement, to designate an Arbitrator.
13        1. Whenever any claimant misconceives his remedy and
14    files an application for adjustment of claim under this Act
15    and it is subsequently discovered, at any time before final
16    disposition of such cause, that the claim for disability or

 

 

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1    death which was the basis for such application should
2    properly have been made under the Workers' Occupational
3    Diseases Act, then the provisions of Section 19, paragraph
4    (a-1) of the Workers' Occupational Diseases Act having
5    reference to such application shall apply.
6        2. Whenever any claimant misconceives his remedy and
7    files an application for adjustment of claim under the
8    Workers' Occupational Diseases Act and it is subsequently
9    discovered, at any time before final disposition of such
10    cause that the claim for injury or death which was the
11    basis for such application should properly have been made
12    under this Act, then the application so filed under the
13    Workers' Occupational Diseases Act may be amended in form,
14    substance or both to assert claim for such disability or
15    death under this Act and it shall be deemed to have been so
16    filed as amended on the date of the original filing
17    thereof, and such compensation may be awarded as is
18    warranted by the whole evidence pursuant to this Act. When
19    such amendment is submitted, further or additional
20    evidence may be heard by the Arbitrator or Commission when
21    deemed necessary. Nothing in this Section contained shall
22    be construed to be or permit a waiver of any provisions of
23    this Act with reference to notice but notice if given shall
24    be deemed to be a notice under the provisions of this Act
25    if given within the time required herein.
26    (b) The Arbitrator shall make such inquiries and

 

 

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1investigations as he or they shall deem necessary and may
2examine and inspect all books, papers, records, places, or
3premises relating to the questions in dispute and hear such
4proper evidence as the parties may submit.
5    The hearings before the Arbitrator shall be held in the
6vicinity where the injury occurred after 10 days' notice of the
7time and place of such hearing shall have been given to each of
8the parties or their attorneys of record.
9    The Arbitrator may find that the disabling condition is
10temporary and has not yet reached a permanent condition and may
11order the payment of compensation up to the date of the
12hearing, which award shall be reviewable and enforceable in the
13same manner as other awards, and in no instance be a bar to a
14further hearing and determination of a further amount of
15temporary total compensation or of compensation for permanent
16disability, but shall be conclusive as to all other questions
17except the nature and extent of said disability.
18    The decision of the Arbitrator shall be filed with the
19Commission which Commission shall immediately send to each
20party or his attorney a copy of such decision, together with a
21notification of the time when it was filed. As of the effective
22date of this amendatory Act of the 94th General Assembly, all
23decisions of the Arbitrator shall set forth in writing findings
24of fact and conclusions of law, separately stated, if requested
25by either party. Unless a petition for review is filed by
26either party within 30 days after the receipt by such party of

 

 

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1the copy of the decision and notification of time when filed,
2and unless such party petitioning for a review shall within 35
3days after the receipt by him of the copy of the decision, file
4with the Commission either an agreed statement of the facts
5appearing upon the hearing before the Arbitrator, or if such
6party shall so elect a correct transcript of evidence of the
7proceedings at such hearings, then the decision shall become
8the decision of the Commission and in the absence of fraud
9shall be conclusive. The Petition for Review shall contain a
10statement of the petitioning party's specific exceptions to the
11decision of the arbitrator. The jurisdiction of the Commission
12to review the decision of the arbitrator shall not be limited
13to the exceptions stated in the Petition for Review. The
14Commission, or any member thereof, may grant further time not
15exceeding 30 days, in which to file such agreed statement or
16transcript of evidence. Such agreed statement of facts or
17correct transcript of evidence, as the case may be, shall be
18authenticated by the signatures of the parties or their
19attorneys, and in the event they do not agree as to the
20correctness of the transcript of evidence it shall be
21authenticated by the signature of the Arbitrator designated by
22the Commission.
23    Whether the employee is working or not, if the employee is
24not receiving or has not received medical, surgical, or
25hospital services or other services or compensation as provided
26in paragraph (a) of Section 8, or compensation as provided in

 

 

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1paragraph (b) of Section 8, the employee may at any time
2petition for an expedited hearing by an Arbitrator on the issue
3of whether or not he or she is entitled to receive payment of
4the services or compensation. Provided the employer continues
5to pay compensation pursuant to paragraph (b) of Section 8, the
6employer may at any time petition for an expedited hearing on
7the issue of whether or not the employee is entitled to receive
8medical, surgical, or hospital services or other services or
9compensation as provided in paragraph (a) of Section 8, or
10compensation as provided in paragraph (b) of Section 8. When an
11employer has petitioned for an expedited hearing, the employer
12shall continue to pay compensation as provided in paragraph (b)
13of Section 8 unless the arbitrator renders a decision that the
14employee is not entitled to the benefits that are the subject
15of the expedited hearing or unless the employee's treating
16physician has released the employee to return to work at his or
17her regular job with the employer or the employee actually
18returns to work at any other job. If the arbitrator renders a
19decision that the employee is not entitled to the benefits that
20are the subject of the expedited hearing, a petition for review
21filed by the employee shall receive the same priority as if the
22employee had filed a petition for an expedited hearing by an
23Arbitrator. Neither party shall be entitled to an expedited
24hearing when the employee has returned to work and the sole
25issue in dispute amounts to less than 12 weeks of unpaid
26compensation pursuant to paragraph (b) of Section 8.

 

 

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1    Expedited hearings shall have priority over all other
2petitions and shall be heard by the Arbitrator and Commission
3with all convenient speed. Any party requesting an expedited
4hearing shall give notice of a request for an expedited hearing
5under this paragraph. A copy of the Application for Adjustment
6of Claim shall be attached to the notice. The Commission shall
7adopt rules and procedures under which the final decision of
8the Commission under this paragraph is filed not later than 180
9days from the date that the Petition for Review is filed with
10the Commission.
11    Where 2 or more insurance carriers, private self-insureds,
12or a group workers' compensation pool under Article V 3/4 of
13the Illinois Insurance Code dispute coverage for the same
14injury, any such insurance carrier, private self-insured, or
15group workers' compensation pool may request an expedited
16hearing pursuant to this paragraph to determine the issue of
17coverage, provided coverage is the only issue in dispute and
18all other issues are stipulated and agreed to and further
19provided that all compensation benefits including medical
20benefits pursuant to Section 8(a) continue to be paid to or on
21behalf of petitioner. Any insurance carrier, private
22self-insured, or group workers' compensation pool that is
23determined to be liable for coverage for the injury in issue
24shall reimburse any insurance carrier, private self-insured,
25or group workers' compensation pool that has paid benefits to
26or on behalf of petitioner for the injury.

 

 

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1    (b-1) If the employee is not receiving medical, surgical or
2hospital services as provided in paragraph (a) of Section 8 or
3compensation as provided in paragraph (b) of Section 8, the
4employee, in accordance with Commission Rules, may file a
5petition for an emergency hearing by an Arbitrator on the issue
6of whether or not he is entitled to receive payment of such
7compensation or services as provided therein. Such petition
8shall have priority over all other petitions and shall be heard
9by the Arbitrator and Commission with all convenient speed.
10    Such petition shall contain the following information and
11shall be served on the employer at least 15 days before it is
12filed:
13        (i) the date and approximate time of accident;
14        (ii) the approximate location of the accident;
15        (iii) a description of the accident;
16        (iv) the nature of the injury incurred by the employee;
17        (v) the identity of the person, if known, to whom the
18    accident was reported and the date on which it was
19    reported;
20        (vi) the name and title of the person, if known,
21    representing the employer with whom the employee conferred
22    in any effort to obtain compensation pursuant to paragraph
23    (b) of Section 8 of this Act or medical, surgical or
24    hospital services pursuant to paragraph (a) of Section 8 of
25    this Act and the date of such conference;
26        (vii) a statement that the employer has refused to pay

 

 

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1    compensation pursuant to paragraph (b) of Section 8 of this
2    Act or for medical, surgical or hospital services pursuant
3    to paragraph (a) of Section 8 of this Act;
4        (viii) the name and address, if known, of each witness
5    to the accident and of each other person upon whom the
6    employee will rely to support his allegations;
7        (ix) the dates of treatment related to the accident by
8    medical practitioners, and the names and addresses of such
9    practitioners, including the dates of treatment related to
10    the accident at any hospitals and the names and addresses
11    of such hospitals, and a signed authorization permitting
12    the employer to examine all medical records of all
13    practitioners and hospitals named pursuant to this
14    paragraph;
15        (x) a copy of a signed report by a medical
16    practitioner, relating to the employee's current inability
17    to return to work because of the injuries incurred as a
18    result of the accident or such other documents or
19    affidavits which show that the employee is entitled to
20    receive compensation pursuant to paragraph (b) of Section 8
21    of this Act or medical, surgical or hospital services
22    pursuant to paragraph (a) of Section 8 of this Act. Such
23    reports, documents or affidavits shall state, if possible,
24    the history of the accident given by the employee, and
25    describe the injury and medical diagnosis, the medical
26    services for such injury which the employee has received

 

 

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1    and is receiving, the physical activities which the
2    employee cannot currently perform as a result of any
3    impairment or disability due to such injury, and the
4    prognosis for recovery;
5        (xi) complete copies of any reports, records,
6    documents and affidavits in the possession of the employee
7    on which the employee will rely to support his allegations,
8    provided that the employer shall pay the reasonable cost of
9    reproduction thereof;
10        (xii) a list of any reports, records, documents and
11    affidavits which the employee has demanded by subpoena and
12    on which he intends to rely to support his allegations;
13        (xiii) a certification signed by the employee or his
14    representative that the employer has received the petition
15    with the required information 15 days before filing.
16    Fifteen days after receipt by the employer of the petition
17with the required information the employee may file said
18petition and required information and shall serve notice of the
19filing upon the employer. The employer may file a motion
20addressed to the sufficiency of the petition. If an objection
21has been filed to the sufficiency of the petition, the
22arbitrator shall rule on the objection within 2 working days.
23If such an objection is filed, the time for filing the final
24decision of the Commission as provided in this paragraph shall
25be tolled until the arbitrator has determined that the petition
26is sufficient.

 

 

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1    The employer shall, within 15 days after receipt of the
2notice that such petition is filed, file with the Commission
3and serve on the employee or his representative a written
4response to each claim set forth in the petition, including the
5legal and factual basis for each disputed allegation and the
6following information: (i) complete copies of any reports,
7records, documents and affidavits in the possession of the
8employer on which the employer intends to rely in support of
9his response, (ii) a list of any reports, records, documents
10and affidavits which the employer has demanded by subpoena and
11on which the employer intends to rely in support of his
12response, (iii) the name and address of each witness on whom
13the employer will rely to support his response, and (iv) the
14names and addresses of any medical practitioners selected by
15the employer pursuant to Section 12 of this Act and the time
16and place of any examination scheduled to be made pursuant to
17such Section.
18    Any employer who does not timely file and serve a written
19response without good cause may not introduce any evidence to
20dispute any claim of the employee but may cross examine the
21employee or any witness brought by the employee and otherwise
22be heard.
23    No document or other evidence not previously identified by
24either party with the petition or written response, or by any
25other means before the hearing, may be introduced into evidence
26without good cause. If, at the hearing, material information is

 

 

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1discovered which was not previously disclosed, the Arbitrator
2may extend the time for closing proof on the motion of a party
3for a reasonable period of time which may be more than 30 days.
4No evidence may be introduced pursuant to this paragraph as to
5permanent disability. No award may be entered for permanent
6disability pursuant to this paragraph. Either party may
7introduce into evidence the testimony taken by deposition of
8any medical practitioner.
9    The Commission shall adopt rules, regulations and
10procedures whereby the final decision of the Commission is
11filed not later than 90 days from the date the petition for
12review is filed but in no event later than 180 days from the
13date the petition for an emergency hearing is filed with the
14Illinois Workers' Compensation Commission.
15    All service required pursuant to this paragraph (b-1) must
16be by personal service or by certified mail and with evidence
17of receipt. In addition for the purposes of this paragraph, all
18service on the employer must be at the premises where the
19accident occurred if the premises are owned or operated by the
20employer. Otherwise service must be at the employee's principal
21place of employment by the employer. If service on the employer
22is not possible at either of the above, then service shall be
23at the employer's principal place of business. After initial
24service in each case, service shall be made on the employer's
25attorney or designated representative.
26    (c) (1) At a reasonable time in advance of and in

 

 

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1connection with the hearing under Section 19(e) or 19(h), the
2Commission may on its own motion order an impartial physical or
3mental examination of a petitioner whose mental or physical
4condition is in issue, when in the Commission's discretion it
5appears that such an examination will materially aid in the
6just determination of the case. The examination shall be made
7by a member or members of a panel of physicians chosen for
8their special qualifications by the Illinois State Medical
9Society. The Commission shall establish procedures by which a
10physician shall be selected from such list.
11    (2) Should the Commission at any time during the hearing
12find that compelling considerations make it advisable to have
13an examination and report at that time, the commission may in
14its discretion so order.
15    (3) A copy of the report of examination shall be given to
16the Commission and to the attorneys for the parties.
17    (4) Either party or the Commission may call the examining
18physician or physicians to testify. Any physician so called
19shall be subject to cross-examination.
20    (5) The examination shall be made, and the physician or
21physicians, if called, shall testify, without cost to the
22parties. The Commission shall determine the compensation and
23the pay of the physician or physicians. The compensation for
24this service shall not exceed the usual and customary amount
25for such service.
26    (6) The fees and payment thereof of all attorneys and

 

 

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1physicians for services authorized by the Commission under this
2Act shall, upon request of either the employer or the employee
3or the beneficiary affected, be subject to the review and
4decision of the Commission.
5    (d) If any employee shall persist in insanitary or
6injurious practices which tend to either imperil or retard his
7recovery or shall refuse to submit to such medical, surgical,
8or hospital treatment as is reasonably essential to promote his
9recovery, the Commission may, in its discretion, reduce or
10suspend the compensation of any such injured employee. However,
11when an employer and employee so agree in writing, the
12foregoing provision shall not be construed to authorize the
13reduction or suspension of compensation of an employee who is
14relying in good faith, on treatment by prayer or spiritual
15means alone, in accordance with the tenets and practice of a
16recognized church or religious denomination, by a duly
17accredited practitioner thereof.
18    (e) This paragraph shall apply to all hearings before the
19Commission. Such hearings may be held in its office or
20elsewhere as the Commission may deem advisable. The taking of
21testimony on such hearings may be had before any member of the
22Commission. If a petition for review and agreed statement of
23facts or transcript of evidence is filed, as provided herein,
24the Commission shall promptly review the decision of the
25Arbitrator and all questions of law or fact which appear from
26the statement of facts or transcript of evidence.

 

 

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1    In all cases in which the hearing before the arbitrator is
2held after December 18, 1989, no additional evidence shall be
3introduced by the parties before the Commission on review of
4the decision of the Arbitrator. In reviewing decisions of an
5arbitrator the Commission shall award such temporary
6compensation, permanent compensation and other payments as are
7due under this Act. The Commission shall file in its office its
8decision thereon, and shall immediately send to each party or
9his attorney a copy of such decision and a notification of the
10time when it was filed. Decisions shall be filed within 60 days
11after the Statement of Exceptions and Supporting Brief and
12Response thereto are required to be filed or oral argument
13whichever is later.
14    In the event either party requests oral argument, such
15argument shall be had before a panel of 3 members of the
16Commission (or before all available members pursuant to the
17determination of 7 members of the Commission that such argument
18be held before all available members of the Commission)
19pursuant to the rules and regulations of the Commission. A
20panel of 3 members, which shall be comprised of not more than
21one representative citizen of the employing class and not more
22than one representative citizen of the employee class, shall
23hear the argument; provided that if all the issues in dispute
24are solely the nature and extent of the permanent partial
25disability, if any, a majority of the panel may deny the
26request for such argument and such argument shall not be held;

 

 

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1and provided further that 7 members of the Commission may
2determine that the argument be held before all available
3members of the Commission. A decision of the Commission shall
4be approved by a majority of Commissioners present at such
5hearing if any; provided, if no such hearing is held, a
6decision of the Commission shall be approved by a majority of a
7panel of 3 members of the Commission as described in this
8Section. The Commission shall give 10 days' notice to the
9parties or their attorneys of the time and place of such taking
10of testimony and of such argument.
11    In any case the Commission in its decision may find
12specially upon any question or questions of law or fact which
13shall be submitted in writing by either party whether ultimate
14or otherwise; provided that on issues other than nature and
15extent of the disability, if any, the Commission in its
16decision shall find specially upon any question or questions of
17law or fact, whether ultimate or otherwise, which are submitted
18in writing by either party; provided further that not more than
195 such questions may be submitted by either party. Any party
20may, within 20 days after receipt of notice of the Commission's
21decision, or within such further time, not exceeding 30 days,
22as the Commission may grant, file with the Commission either an
23agreed statement of the facts appearing upon the hearing, or,
24if such party shall so elect, a correct transcript of evidence
25of the additional proceedings presented before the Commission,
26in which report the party may embody a correct statement of

 

 

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1such other proceedings in the case as such party may desire to
2have reviewed, such statement of facts or transcript of
3evidence to be authenticated by the signature of the parties or
4their attorneys, and in the event that they do not agree, then
5the authentication of such transcript of evidence shall be by
6the signature of any member of the Commission.
7    If a reporter does not for any reason furnish a transcript
8of the proceedings before the Arbitrator in any case for use on
9a hearing for review before the Commission, within the
10limitations of time as fixed in this Section, the Commission
11may, in its discretion, order a trial de novo before the
12Commission in such case upon application of either party. The
13applications for adjustment of claim and other documents in the
14nature of pleadings filed by either party, together with the
15decisions of the Arbitrator and of the Commission and the
16statement of facts or transcript of evidence hereinbefore
17provided for in paragraphs (b) and (c) shall be the record of
18the proceedings of the Commission, and shall be subject to
19review as hereinafter provided.
20    At the request of either party or on its own motion, the
21Commission shall set forth in writing the reasons for the
22decision, including findings of fact and conclusions of law
23separately stated. The Commission shall by rule adopt a format
24for written decisions for the Commission and arbitrators. The
25written decisions shall be concise and shall succinctly state
26the facts and reasons for the decision. The Commission may

 

 

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1adopt in whole or in part, the decision of the arbitrator as
2the decision of the Commission. When the Commission does so
3adopt the decision of the arbitrator, it shall do so by order.
4Whenever the Commission adopts part of the arbitrator's
5decision, but not all, it shall include in the order the
6reasons for not adopting all of the arbitrator's decision. When
7a majority of a panel, after deliberation, has arrived at its
8decision, the decision shall be filed as provided in this
9Section without unnecessary delay, and without regard to the
10fact that a member of the panel has expressed an intention to
11dissent. Any member of the panel may file a dissent. Any
12dissent shall be filed no later than 10 days after the decision
13of the majority has been filed.
14    Decisions rendered by the Commission and dissents, if any,
15shall be published together by the Commission. The conclusions
16of law set out in such decisions shall be regarded as
17precedents by arbitrators for the purpose of achieving a more
18uniform administration of this Act.
19    (f) The decision of the Commission acting within its
20powers, according to the provisions of paragraph (e) of this
21Section shall, in the absence of fraud, be conclusive unless
22reviewed as in this paragraph hereinafter provided. However,
23the Arbitrator or the Commission may on his or its own motion,
24or on the motion of either party, correct any clerical error or
25errors in computation within 15 days after the date of receipt
26of any award by such Arbitrator or any decision on review of

 

 

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1the Commission and shall have the power to recall the original
2award on arbitration or decision on review, and issue in lieu
3thereof such corrected award or decision. Where such correction
4is made the time for review herein specified shall begin to run
5from the date of the receipt of the corrected award or
6decision.
7        (1) Except in cases of claims against the State of
8    Illinois other than those claims under Section 18.1, in
9    which case the decision of the Commission shall not be
10    subject to judicial review, the Circuit Court of the county
11    where any of the parties defendant may be found, or if none
12    of the parties defendant can be found in this State then
13    the Circuit Court of the county where the accident
14    occurred, shall by summons to the Commission have power to
15    review all questions of law and fact presented by such
16    record.
17        A proceeding for review shall be commenced within 20
18    days of the receipt of notice of the decision of the
19    Commission. The summons shall be issued by the clerk of
20    such court upon written request returnable on a designated
21    return day, not less than 10 or more than 60 days from the
22    date of issuance thereof, and the written request shall
23    contain the last known address of other parties in interest
24    and their attorneys of record who are to be served by
25    summons. Service upon any member of the Commission or the
26    Secretary or the Assistant Secretary thereof shall be

 

 

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1    service upon the Commission, and service upon other parties
2    in interest and their attorneys of record shall be by
3    summons, and such service shall be made upon the Commission
4    and other parties in interest by mailing notices of the
5    commencement of the proceedings and the return day of the
6    summons to the office of the Commission and to the last
7    known place of residence of other parties in interest or
8    their attorney or attorneys of record. The clerk of the
9    court issuing the summons shall on the day of issue mail
10    notice of the commencement of the proceedings which shall
11    be done by mailing a copy of the summons to the office of
12    the Commission, and a copy of the summons to the other
13    parties in interest or their attorney or attorneys of
14    record and the clerk of the court shall make certificate
15    that he has so sent said notices in pursuance of this
16    Section, which shall be evidence of service on the
17    Commission and other parties in interest.
18        The Commission shall not be required to certify the
19    record of their proceedings to the Circuit Court, unless
20    the party commencing the proceedings for review in the
21    Circuit Court as above provided, shall pay to the
22    Commission the sum of 80 per page of testimony taken
23    before the Commission, and 35 per page of all other
24    matters contained in such record, except as otherwise
25    provided by Section 20 of this Act. Payment for photostatic
26    copies of exhibit shall be extra. It shall be the duty of

 

 

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1    the Commission upon such payment, or failure to pay as
2    permitted under Section 20 of this Act, to prepare a true
3    and correct typewritten copy of such testimony and a true
4    and correct copy of all other matters contained in such
5    record and certified to by the Secretary or Assistant
6    Secretary thereof.
7        In its decision on review the Commission shall
8    determine in each particular case the amount of the
9    probable cost of the record to be filed as a part of the
10    summons in that case and no request for a summons may be
11    filed and no summons shall issue unless the party seeking
12    to review the decision of the Commission shall exhibit to
13    the clerk of the Circuit Court proof of payment by filing a
14    receipt showing payment or an affidavit of the attorney
15    setting forth that payment has been made of the sums so
16    determined to the Secretary or Assistant Secretary of the
17    Commission, except as otherwise provided by Section 20 of
18    this Act.
19        (2) No such summons shall issue unless the one against
20    whom the Commission shall have rendered an award for the
21    payment of money shall upon the filing of his written
22    request for such summons file with the clerk of the court a
23    bond conditioned that if he shall not successfully
24    prosecute the review, he will pay the award and the costs
25    of the proceedings in the courts. The amount of the bond
26    shall be fixed by any member of the Commission and the

 

 

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1    surety or sureties of the bond shall be approved by the
2    clerk of the court. The acceptance of the bond by the clerk
3    of the court shall constitute evidence of his approval of
4    the bond.
5        Every county, city, town, township, incorporated
6    village, school district, body politic or municipal
7    corporation against whom the Commission shall have
8    rendered an award for the payment of money shall not be
9    required to file a bond to secure the payment of the award
10    and the costs of the proceedings in the court to authorize
11    the court to issue such summons.
12        The court may confirm or set aside the decision of the
13    Commission. If the decision is set aside and the facts
14    found in the proceedings before the Commission are
15    sufficient, the court may enter such decision as is
16    justified by law, or may remand the cause to the Commission
17    for further proceedings and may state the questions
18    requiring further hearing, and give such other
19    instructions as may be proper. Appeals shall be taken to
20    the Appellate Court in accordance with Supreme Court Rules
21    22(g) and 303. Appeals shall be taken from the Appellate
22    Court to the Supreme Court in accordance with Supreme Court
23    Rule 315.
24        It shall be the duty of the clerk of any court
25    rendering a decision affecting or affirming an award of the
26    Commission to promptly furnish the Commission with a copy

 

 

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1    of such decision, without charge.
2        The decision of a majority of the members of the panel
3    of the Commission, shall be considered the decision of the
4    Commission.
5    (g) Except in the case of a claim against the State of
6Illinois, either party may present a certified copy of the
7award of the Arbitrator, or a certified copy of the decision of
8the Commission when the same has become final, when no
9proceedings for review are pending, providing for the payment
10of compensation according to this Act, to the Circuit Court of
11the county in which such accident occurred or either of the
12parties are residents, whereupon the court shall enter a
13judgment in accordance therewith. In a case where the employer
14refuses to pay compensation according to such final award or
15such final decision upon which such judgment is entered the
16court shall in entering judgment thereon, tax as costs against
17him the reasonable costs and attorney fees in the arbitration
18proceedings and in the court entering the judgment for the
19person in whose favor the judgment is entered, which judgment
20and costs taxed as therein provided shall, until and unless set
21aside, have the same effect as though duly entered in an action
22duly tried and determined by the court, and shall with like
23effect, be entered and docketed. The Circuit Court shall have
24power at any time upon application to make any such judgment
25conform to any modification required by any subsequent decision
26of the Supreme Court upon appeal, or as the result of any

 

 

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1subsequent proceedings for review, as provided in this Act.
2    Judgment shall not be entered until 15 days' notice of the
3time and place of the application for the entry of judgment
4shall be served upon the employer by filing such notice with
5the Commission, which Commission shall, in case it has on file
6the address of the employer or the name and address of its
7agent upon whom notices may be served, immediately send a copy
8of the notice to the employer or such designated agent.
9    (h) An agreement or award under this Act providing for
10compensation in installments, may at any time within 18 months
11after such agreement or award be reviewed by the Commission at
12the request of either the employer or the employee, on the
13ground that the disability of the employee has subsequently
14recurred, increased, diminished or ended.
15    However, as to accidents occurring subsequent to July 1,
161955, which are covered by any agreement or award under this
17Act providing for compensation in installments made as a result
18of such accident, such agreement or award may at any time
19within 30 months, or 60 months in the case of an award under
20Section 8(d)1, after such agreement or award be reviewed by the
21Commission at the request of either the employer or the
22employee on the ground that the disability of the employee has
23subsequently recurred, increased, diminished or ended.
24    On such review, compensation payments may be
25re-established, increased, diminished or ended. The Commission
26shall give 15 days' notice to the parties of the hearing for

 

 

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1review. Any employee, upon any petition for such review being
2filed by the employer, shall be entitled to one day's notice
3for each 100 miles necessary to be traveled by him in attending
4the hearing of the Commission upon the petition, and 3 days in
5addition thereto. Such employee shall, at the discretion of the
6Commission, also be entitled to 5 cents per mile necessarily
7traveled by him within the State of Illinois in attending such
8hearing, not to exceed a distance of 300 miles, to be taxed by
9the Commission as costs and deposited with the petition of the
10employer.
11    When compensation which is payable in accordance with an
12award or settlement contract approved by the Commission, is
13ordered paid in a lump sum by the Commission, no review shall
14be had as in this paragraph mentioned.
15    (i) Each party, upon taking any proceedings or steps
16whatsoever before any Arbitrator, Commission or court, shall
17file with the Commission his address, or the name and address
18of any agent upon whom all notices to be given to such party
19shall be served, either personally or by registered mail,
20addressed to such party or agent at the last address so filed
21with the Commission. In the event such party has not filed his
22address, or the name and address of an agent as above provided,
23service of any notice may be had by filing such notice with the
24Commission.
25    (j) Whenever in any proceeding testimony has been taken or
26a final decision has been rendered and after the taking of such

 

 

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1testimony or after such decision has become final, the injured
2employee dies, then in any subsequent proceedings brought by
3the personal representative or beneficiaries of the deceased
4employee, such testimony in the former proceeding may be
5introduced with the same force and effect as though the witness
6having so testified were present in person in such subsequent
7proceedings and such final decision, if any, shall be taken as
8final adjudication of any of the issues which are the same in
9both proceedings.
10    (k) In case where there has been any unreasonable or
11vexatious delay in the authorization of medical treatment or in
12the of payment of compensation or an intentional underpayment
13of compensation, or proceedings have been instituted or carried
14on by the one liable to pay the compensation, which do not
15present a real controversy, but are merely frivolous or for
16delay, then the Commission may award compensation additional to
17that otherwise payable under this Act equal to 50% of the
18amount payable at the time of such award. Failure to pay
19compensation in accordance with the provisions of Section 8,
20paragraph (b) of this Act, shall be considered unreasonable
21delay.
22    When determining whether this subsection (k) shall apply,
23the Commission shall consider whether an Arbitrator has
24determined that the claim is not compensable or whether the
25employer has made payments under Section 8(j).
26    (l) If the employee has made written demand for payment of

 

 

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1benefits under Section 8(a) or Section 8(b), the employer shall
2have 14 days after receipt of the demand to set forth in
3writing the reason for the delay. In the case of demand for
4payment of medical benefits under Section 8(a), the time for
5the employer to respond shall not commence until the expiration
6of the allotted 30 days specified under Section 8.2(d). In case
7the employer or his or her insurance carrier shall without good
8and just cause fail, neglect, refuse, or unreasonably delay the
9payment of benefits under Section 8(a) or Section 8(b), the
10Arbitrator or the Commission shall allow to the employee
11additional compensation in the sum of $30 per day for each day
12that the benefits under Section 8(a) or Section 8(b) have been
13so withheld or refused, not to exceed $10,000. A delay in
14payment of 14 days or more shall create a rebuttable
15presumption of unreasonable delay.
16    (m) If the commission finds that an accidental injury was
17directly and proximately caused by the employer's wilful
18violation of a health and safety standard under the Health and
19Safety Act in force at the time of the accident, the arbitrator
20or the Commission shall allow to the injured employee or his
21dependents, as the case may be, additional compensation equal
22to 25% of the amount which otherwise would be payable under the
23provisions of this Act exclusive of this paragraph. The
24additional compensation herein provided shall be allowed by an
25appropriate increase in the applicable weekly compensation
26rate.

 

 

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1    (n) After June 30, 1984, decisions of the Illinois Workers'
2Compensation Commission reviewing an award of an arbitrator of
3the Commission shall draw interest at a rate equal to the yield
4on indebtedness issued by the United States Government with a
526-week maturity next previously auctioned on the day on which
6the decision is filed. Said rate of interest shall be set forth
7in the Arbitrator's Decision. Interest shall be drawn from the
8date of the arbitrator's award on all accrued compensation due
9the employee through the day prior to the date of payments.
10However, when an employee appeals an award of an Arbitrator or
11the Commission, and the appeal results in no change or a
12decrease in the award, interest shall not further accrue from
13the date of such appeal.
14    The employer or his insurance carrier may tender the
15payments due under the award to stop the further accrual of
16interest on such award notwithstanding the prosecution by
17either party of review, certiorari, appeal to the Supreme Court
18or other steps to reverse, vacate or modify the award.
19    (o) By the 15th day of each month each insurer providing
20coverage for losses under this Act shall notify each insured
21employer of any compensable claim incurred during the preceding
22month and the amounts paid or reserved on the claim including a
23summary of the claim and a brief statement of the reasons for
24compensability. A cumulative report of all claims incurred
25during a calendar year or continued from the previous year
26shall be furnished to the insured employer by the insurer

 

 

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1within 30 days after the end of that calendar year.
2    The insured employer may challenge, in proceeding before
3the Commission, payments made by the insurer without
4arbitration and payments made after a case is determined to be
5noncompensable. If the Commission finds that the case was not
6compensable, the insurer shall purge its records as to that
7employer of any loss or expense associated with the claim,
8reimburse the employer for attorneys' fees arising from the
9challenge and for any payment required of the employer to the
10Rate Adjustment Fund or the Second Injury Fund, and may not
11reflect the loss or expense for rate making purposes. The
12employee shall not be required to refund the challenged
13payment. The decision of the Commission may be reviewed in the
14same manner as in arbitrated cases. No challenge may be
15initiated under this paragraph more than 3 years after the
16payment is made. An employer may waive the right of challenge
17under this paragraph on a case by case basis.
18    (p) After filing an application for adjustment of claim but
19prior to the hearing on arbitration the parties may voluntarily
20agree to submit such application for adjustment of claim for
21decision by an arbitrator under this subsection (p) where such
22application for adjustment of claim raises only a dispute over
23temporary total disability, permanent partial disability or
24medical expenses. Such agreement shall be in writing in such
25form as provided by the Commission. Applications for adjustment
26of claim submitted for decision by an arbitrator under this

 

 

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1subsection (p) shall proceed according to rule as established
2by the Commission. The Commission shall promulgate rules
3including, but not limited to, rules to ensure that the parties
4are adequately informed of their rights under this subsection
5(p) and of the voluntary nature of proceedings under this
6subsection (p). The findings of fact made by an arbitrator
7acting within his or her powers under this subsection (p) in
8the absence of fraud shall be conclusive. However, the
9arbitrator may on his own motion, or the motion of either
10party, correct any clerical errors or errors in computation
11within 15 days after the date of receipt of such award of the
12arbitrator and shall have the power to recall the original
13award on arbitration, and issue in lieu thereof such corrected
14award. The decision of the arbitrator under this subsection (p)
15shall be considered the decision of the Commission and
16proceedings for review of questions of law arising from the
17decision may be commenced by either party pursuant to
18subsection (f) of Section 19. The Advisory Board established
19under Section 13.1 shall compile a list of certified Commission
20arbitrators, each of whom shall be approved by at least 7
21members of the Advisory Board. The chairman shall select 5
22persons from such list to serve as arbitrators under this
23subsection (p). By agreement, the parties shall select one
24arbitrator from among the 5 persons selected by the chairman
25except that if the parties do not agree on an arbitrator from
26among the 5 persons, the parties may, by agreement, select an

 

 

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1arbitrator of the American Arbitration Association, whose fee
2shall be paid by the State in accordance with rules promulgated
3by the Commission. Arbitration under this subsection (p) shall
4be voluntary.
5(Source: P.A. 97-18, eff. 6-28-11.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".