Sen. John J. Cullerton

Filed: 5/29/2012

 

 


 

 


 
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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 Sections 8 and 19 as follows:
 
7    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
8    Sec. 8. The amount of compensation which shall be paid to
9the employee for an accidental injury not resulting in death
10is:
11    (a) The employer shall provide and pay the negotiated rate,
12if applicable, or the lesser of the health care provider's
13actual charges or according to a fee schedule, subject to
14Section 8.2, in effect at the time the service was rendered for
15all the necessary first aid, medical and surgical services, and
16all necessary medical, surgical and hospital services

 

 

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1thereafter incurred, limited, however, to that which is
2reasonably required to cure or relieve from the effects of the
3accidental injury, even if a health care provider sells,
4transfers, or otherwise assigns an account receivable for
5procedures, treatments, or services covered under this Act. If
6the employer does not dispute payment of first aid, medical,
7surgical, and hospital services, the employer shall make such
8payment to the provider on behalf of the employee. The employer
9shall also pay for treatment, instruction and training
10necessary for the physical, mental and vocational
11rehabilitation of the employee, including all maintenance
12costs and expenses incidental thereto. If as a result of the
13injury the employee is unable to be self-sufficient the
14employer shall further pay for such maintenance or
15institutional care as shall be required.
16    The employee may at any time elect to secure his own
17physician, surgeon and hospital services at the employer's
18expense, or,
19    Upon agreement between the employer and the employees, or
20the employees' exclusive representative, and subject to the
21approval of the Illinois Workers' Compensation Commission, the
22employer shall maintain a list of physicians, to be known as a
23Panel of Physicians, who are accessible to the employees. The
24employer shall post this list in a place or places easily
25accessible to his employees. The employee shall have the right
26to make an alternative choice of physician from such Panel if

 

 

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1he is not satisfied with the physician first selected. If, due
2to the nature of the injury or its occurrence away from the
3employer's place of business, the employee is unable to make a
4selection from the Panel, the selection process from the Panel
5shall not apply. The physician selected from the Panel may
6arrange for any consultation, referral or other specialized
7medical services outside the Panel at the employer's expense.
8Provided that, in the event the Commission shall find that a
9doctor selected by the employee is rendering improper or
10inadequate care, the Commission may order the employee to
11select another doctor certified or qualified in the medical
12field for which treatment is required. If the employee refuses
13to make such change the Commission may relieve the employer of
14his obligation to pay the doctor's charges from the date of
15refusal to the date of compliance.
16    Any vocational rehabilitation counselors who provide
17service under this Act shall have appropriate certifications
18which designate the counselor as qualified to render opinions
19relating to vocational rehabilitation. Vocational
20rehabilitation may include, but is not limited to, counseling
21for job searches, supervising a job search program, and
22vocational retraining including education at an accredited
23learning institution. The employee or employer may petition to
24the Commission to decide disputes relating to vocational
25rehabilitation and the Commission shall resolve any such
26dispute, including payment of the vocational rehabilitation

 

 

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1program by the employer.
2    The maintenance benefit shall not be less than the
3temporary total disability rate determined for the employee. In
4addition, maintenance shall include costs and expenses
5incidental to the vocational rehabilitation program.
6    When the employee is working light duty on a part-time
7basis or full-time basis and earns less than he or she would be
8earning if employed in the full capacity of the job or jobs,
9then the employee shall be entitled to temporary partial
10disability benefits. Temporary partial disability benefits
11shall be equal to two-thirds of the difference between the
12average amount that the employee would be able to earn in the
13full performance of his or her duties in the occupation in
14which he or she was engaged at the time of accident and the
15gross amount which he or she is earning in the modified job
16provided to the employee by the employer or in any other job
17that the employee is working.
18    Every hospital, physician, surgeon or other person
19rendering treatment or services in accordance with the
20provisions of this Section shall upon written request furnish
21full and complete reports thereof to, and permit their records
22to be copied by, the employer, the employee or his dependents,
23as the case may be, or any other party to any proceeding for
24compensation before the Commission, or their attorneys.
25    Notwithstanding the foregoing, the employer's liability to
26pay for such medical services selected by the employee shall be

 

 

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1limited to:
2        (1) all first aid and emergency treatment; plus
3        (2) all medical, surgical and hospital services
4    provided by the physician, surgeon or hospital initially
5    chosen by the employee or by any other physician,
6    consultant, expert, institution or other provider of
7    services recommended by said initial service provider or
8    any subsequent provider of medical services in the chain of
9    referrals from said initial service provider; plus
10         (3) all medical, surgical and hospital services
11    provided by any second physician, surgeon or hospital
12    subsequently chosen by the employee or by any other
13    physician, consultant, expert, institution or other
14    provider of services recommended by said second service
15    provider or any subsequent provider of medical services in
16    the chain of referrals from said second service provider.
17    Thereafter the employer shall select and pay for all
18    necessary medical, surgical and hospital treatment and the
19    employee may not select a provider of medical services at
20    the employer's expense unless the employer agrees to such
21    selection. At any time the employee may obtain any medical
22    treatment he desires at his own expense. This paragraph
23    shall not affect the duty to pay for rehabilitation
24    referred to above.
25        (4) The following shall apply for injuries occurring on
26    or after June 28, 2011 (the effective date of Public Act

 

 

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1    97-18) this amendatory Act of the 97th General Assembly and
2    only when an employer has an approved preferred provider
3    program pursuant to Section 8.1a on the date the employee
4    sustained his or her accidental injuries:
5            (A) The employer shall, in writing, on a form
6        promulgated by the Commission, inform the employee of
7        the preferred provider program;
8            (B) Subsequent to the report of an injury by an
9        employee, the employee may choose in writing at any
10        time to decline the preferred provider program, in
11        which case that would constitute one of the two choices
12        of medical providers to which the employee is entitled
13        under subsection (a)(2) or (a)(3); and
14            (C) Prior to the report of an injury by an
15        employee, when an employee chooses non-emergency
16        treatment from a provider not within the preferred
17        provider program, that would constitute the employee's
18        one choice of medical providers to which the employee
19        is entitled under subsection (a)(2) or (a)(3).
20    When an employer and employee so agree in writing, nothing
21in this Act prevents an employee whose injury or disability has
22been established under this Act, from relying in good faith, on
23treatment by prayer or spiritual means alone, in accordance
24with the tenets and practice of a recognized church or
25religious denomination, by a duly accredited practitioner
26thereof, and having nursing services appropriate therewith,

 

 

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1without suffering loss or diminution of the compensation
2benefits under this Act. However, the employee shall submit to
3all physical examinations required by this Act. The cost of
4such treatment and nursing care shall be paid by the employee
5unless the employer agrees to make such payment.
6    Where the accidental injury results in the amputation of an
7arm, hand, leg or foot, or the enucleation of an eye, or the
8loss of any of the natural teeth, the employer shall furnish an
9artificial of any such members lost or damaged in accidental
10injury arising out of and in the course of employment, and
11shall also furnish the necessary braces in all proper and
12necessary cases. In cases of the loss of a member or members by
13amputation, the employer shall, whenever necessary, maintain
14in good repair, refit or replace the artificial limbs during
15the lifetime of the employee. Where the accidental injury
16accompanied by physical injury results in damage to a denture,
17eye glasses or contact eye lenses, or where the accidental
18injury results in damage to an artificial member, the employer
19shall replace or repair such denture, glasses, lenses, or
20artificial member.
21    The furnishing by the employer of any such services or
22appliances is not an admission of liability on the part of the
23employer to pay compensation.
24    The furnishing of any such services or appliances or the
25servicing thereof by the employer is not the payment of
26compensation.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    eye under paragraph (e) of this Section shall be increased
2    to 133-1/3% of the State's average weekly wage in covered
3    industries under the Unemployment Insurance Act.
4        For injuries occurring on or after February 1, 2006,
5    the maximum weekly benefit under paragraph (d)1 of this
6    Section shall be 100% of the State's average weekly wage in
7    covered industries under the Unemployment Insurance Act.
8        4.1. Any provision herein to the contrary
9    notwithstanding, the weekly compensation rate for
10    compensation payments under subparagraph 18 of paragraph
11    (e) of this Section and under paragraph (f) of this Section
12    and under paragraph (a) of Section 7 and for amputation of
13    a member or enucleation of an eye under paragraph (e) of
14    this Section, shall in no event be less than 50% of the
15    State's average weekly wage in covered industries under the
16    Unemployment Insurance Act.
17        4.2. Any provision to the contrary notwithstanding,
18    the total compensation payable under Section 7 shall not
19    exceed the greater of $500,000 or 25 years.
20        5. For the purpose of this Section this State's average
21    weekly wage in covered industries under the Unemployment
22    Insurance Act on July 1, 1975 is hereby fixed at $228.16
23    per week and the computation of compensation rates shall be
24    based on the aforesaid average weekly wage until modified
25    as hereinafter provided.
26        6. The Department of Employment Security of the State

 

 

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1    shall on or before the first day of December, 1977, and on
2    or before the first day of June, 1978, and on the first day
3    of each December and June of each year thereafter, publish
4    the State's average weekly wage in covered industries under
5    the Unemployment Insurance Act and the Illinois Workers'
6    Compensation Commission shall on the 15th day of January,
7    1978 and on the 15th day of July, 1978 and on the 15th day
8    of each January and July of each year thereafter, post and
9    publish the State's average weekly wage in covered
10    industries under the Unemployment Insurance Act as last
11    determined and published by the Department of Employment
12    Security. The amount when so posted and published shall be
13    conclusive and shall be applicable as the basis of
14    computation of compensation rates until the next posting
15    and publication as aforesaid.
16        7. The payment of compensation by an employer or his
17    insurance carrier to an injured employee shall not
18    constitute an admission of the employer's liability to pay
19    compensation.
20    (c) For any serious and permanent disfigurement to the
21hand, head, face, neck, arm, leg below the knee or the chest
22above the axillary line, the employee is entitled to
23compensation for such disfigurement, the amount determined by
24agreement at any time or by arbitration under this Act, at a
25hearing not less than 6 months after the date of the accidental
26injury, which amount shall not exceed 150 weeks (if the

 

 

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1accidental injury occurs on or after the effective date of this
2amendatory Act of the 94th General Assembly but before February
31, 2006) or 162 weeks (if the accidental injury occurs on or
4after February 1, 2006) at the applicable rate provided in
5subparagraph 2.1 of paragraph (b) of this Section.
6    No compensation is payable under this paragraph where
7compensation is payable under paragraphs (d), (e) or (f) of
8this Section.
9    A duly appointed member of a fire department in a city, the
10population of which exceeds 500,000 according to the last
11federal or State census, is eligible for compensation under
12this paragraph only where such serious and permanent
13disfigurement results from burns.
14    (d) 1. If, after the accidental injury has been sustained,
15the employee as a result thereof becomes partially
16incapacitated from pursuing his usual and customary line of
17employment, he shall, except in cases compensated under the
18specific schedule set forth in paragraph (e) of this Section,
19receive compensation for the duration of his disability,
20subject to the limitations as to maximum amounts fixed in
21paragraph (b) of this Section, equal to 66-2/3% of the
22difference between the average amount which he would be able to
23earn in the full performance of his duties in the occupation in
24which he was engaged at the time of the accident and the
25average amount which he is earning or is able to earn in some
26suitable employment or business after the accident. For

 

 

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1accidental injuries that occur on or after September 1, 2011,
2an award for wage differential under this subsection shall be
3effective only until the employee reaches the age of 67 or 5
4years from the date the award becomes final, whichever is
5later.
6    2. If, as a result of the accident, the employee sustains
7serious and permanent injuries not covered by paragraphs (c)
8and (e) of this Section or having sustained injuries covered by
9the aforesaid paragraphs (c) and (e), he shall have sustained
10in addition thereto other injuries which injuries do not
11incapacitate him from pursuing the duties of his employment but
12which would disable him from pursuing other suitable
13occupations, or which have otherwise resulted in physical
14impairment; or if such injuries partially incapacitate him from
15pursuing the duties of his usual and customary line of
16employment but do not result in an impairment of earning
17capacity, or having resulted in an impairment of earning
18capacity, the employee elects to waive his right to recover
19under the foregoing subparagraph 1 of paragraph (d) of this
20Section then in any of the foregoing events, he shall receive
21in addition to compensation for temporary total disability
22under paragraph (b) of this Section, compensation at the rate
23provided in subparagraph 2.1 of paragraph (b) of this Section
24for that percentage of 500 weeks that the partial disability
25resulting from the injuries covered by this paragraph bears to
26total disability. If the employee shall have sustained a

 

 

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1fracture of one or more vertebra or fracture of the skull, the
2amount of compensation allowed under this Section shall be not
3less than 6 weeks for a fractured skull and 6 weeks for each
4fractured vertebra, and in the event the employee shall have
5sustained a fracture of any of the following facial bones:
6nasal, lachrymal, vomer, zygoma, maxilla, palatine or
7mandible, the amount of compensation allowed under this Section
8shall be not less than 2 weeks for each such fractured bone,
9and for a fracture of each transverse process not less than 3
10weeks. In the event such injuries shall result in the loss of a
11kidney, spleen or lung, the amount of compensation allowed
12under this Section shall be not less than 10 weeks for each
13such organ. Compensation awarded under this subparagraph 2
14shall not take into consideration injuries covered under
15paragraphs (c) and (e) of this Section and the compensation
16provided in this paragraph shall not affect the employee's
17right to compensation payable under paragraphs (b), (c) and (e)
18of this Section for the disabilities therein covered.
19    (e) For accidental injuries in the following schedule, the
20employee shall receive compensation for the period of temporary
21total incapacity for work resulting from such accidental
22injury, under subparagraph 1 of paragraph (b) of this Section,
23and shall receive in addition thereto compensation for a
24further period for the specific loss herein mentioned, but
25shall not receive any compensation under any other provisions
26of this Act. The following listed amounts apply to either the

 

 

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1loss of or the permanent and complete loss of use of the member
2specified, such compensation for the length of time as follows:
3        1. Thumb-
4            70 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            76 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        2. First, or index finger-
10            40 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            43 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        3. Second, or middle finger-
16            35 weeks if the accidental injury occurs on or
17        after the effective date of this amendatory Act of the
18        94th General Assembly but before February 1, 2006.
19            38 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        4. Third, or ring finger-
22            25 weeks if the accidental injury occurs on or
23        after the effective date of this amendatory Act of the
24        94th General Assembly but before February 1, 2006.
25            27 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

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1        5. Fourth, or little finger-
2            20 weeks if the accidental injury occurs on or
3        after the effective date of this amendatory Act of the
4        94th General Assembly but before February 1, 2006.
5            22 weeks if the accidental injury occurs on or
6        after February 1, 2006.
7        6. Great toe-
8            35 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            38 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        7. Each toe other than great toe-
14            12 weeks if the accidental injury occurs on or
15        after the effective date of this amendatory Act of the
16        94th General Assembly but before February 1, 2006.
17            13 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19        8. The loss of the first or distal phalanx of the thumb
20    or of any finger or toe shall be considered to be equal to
21    the loss of one-half of such thumb, finger or toe and the
22    compensation payable shall be one-half of the amount above
23    specified. The loss of more than one phalanx shall be
24    considered as the loss of the entire thumb, finger or toe.
25    In no case shall the amount received for more than one
26    finger exceed the amount provided in this schedule for the

 

 

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1    loss of a hand.
2        9. Hand-
3            190 weeks if the accidental injury occurs on or
4        after the effective date of this amendatory Act of the
5        94th General Assembly but before February 1, 2006.
6            205 weeks if the accidental injury occurs on or
7        after February 1, 2006.
8            190 weeks if the accidental injury occurs on or
9        after June 28, 2011 (the effective date of Public Act
10        97-18) this amendatory Act of the 97th General Assembly
11        and if the accidental injury involves carpal tunnel
12        syndrome due to repetitive or cumulative trauma, in
13        which case the permanent partial disability shall not
14        exceed 15% loss of use of the hand, except for cause
15        shown by clear and convincing evidence and in which
16        case the award shall not exceed 30% loss of use of the
17        hand.
18        The loss of 2 or more digits, or one or more phalanges
19    of 2 or more digits, of a hand may be compensated on the
20    basis of partial loss of use of a hand, provided, further,
21    that the loss of 4 digits, or the loss of use of 4 digits,
22    in the same hand shall constitute the complete loss of a
23    hand.
24        10. Arm-
25            235 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

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1        94th General Assembly but before February 1, 2006.
2            253 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        Where an accidental injury results in the amputation of
5    an arm below the elbow, such injury shall be compensated as
6    a loss of an arm. Where an accidental injury results in the
7    amputation of an arm above the elbow, compensation for an
8    additional 15 weeks (if the accidental injury occurs on or
9    after the effective date of this amendatory Act of the 94th
10    General Assembly but before February 1, 2006) or an
11    additional 17 weeks (if the accidental injury occurs on or
12    after February 1, 2006) shall be paid, except where the
13    accidental injury results in the amputation of an arm at
14    the shoulder joint, or so close to shoulder joint that an
15    artificial arm cannot be used, or results in the
16    disarticulation of an arm at the shoulder joint, in which
17    case compensation for an additional 65 weeks (if the
18    accidental injury occurs on or after the effective date of
19    this amendatory Act of the 94th General Assembly but before
20    February 1, 2006) or an additional 70 weeks (if the
21    accidental injury occurs on or after February 1, 2006)
22    shall be paid. For purposes of awards under this
23    subdivision (e), injuries to the shoulder shall be
24    considered to be injuries to part of the arm.
25        11. Foot-
26            155 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            167 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5        12. Leg-
6            200 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            215 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11        Where an accidental injury results in the amputation of
12    a leg below the knee, such injury shall be compensated as
13    loss of a leg. Where an accidental injury results in the
14    amputation of a leg above the knee, compensation for an
15    additional 25 weeks (if the accidental injury occurs on or
16    after the effective date of this amendatory Act of the 94th
17    General Assembly but before February 1, 2006) or an
18    additional 27 weeks (if the accidental injury occurs on or
19    after February 1, 2006) shall be paid, except where the
20    accidental injury results in the amputation of a leg at the
21    hip joint, or so close to the hip joint that an artificial
22    leg cannot be used, or results in the disarticulation of a
23    leg at the hip joint, in which case compensation for an
24    additional 75 weeks (if the accidental injury occurs on or
25    after the effective date of this amendatory Act of the 94th
26    General Assembly but before February 1, 2006) or an

 

 

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1    additional 81 weeks (if the accidental injury occurs on or
2    after February 1, 2006) shall be paid.
3        13. Eye-
4            150 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            162 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        Where an accidental injury results in the enucleation
10    of an eye, compensation for an additional 10 weeks (if the
11    accidental injury occurs on or after the effective date of
12    this amendatory Act of the 94th General Assembly but before
13    February 1, 2006) or an additional 11 weeks (if the
14    accidental injury occurs on or after February 1, 2006)
15    shall be paid.
16        14. Loss of hearing of one ear-
17            50 weeks if the accidental injury occurs on or
18        after the effective date of this amendatory Act of the
19        94th General Assembly but before February 1, 2006.
20            54 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        Total and permanent loss of hearing of both ears-
23            200 weeks if the accidental injury occurs on or
24        after the effective date of this amendatory Act of the
25        94th General Assembly but before February 1, 2006.
26            215 weeks if the accidental injury occurs on or

 

 

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1        after February 1, 2006.
2        15. Testicle-
3            50 weeks if the accidental injury occurs on or
4        after the effective date of this amendatory Act of the
5        94th General Assembly but before February 1, 2006.
6            54 weeks if the accidental injury occurs on or
7        after February 1, 2006.
8        Both testicles-
9            150 weeks if the accidental injury occurs on or
10        after the effective date of this amendatory Act of the
11        94th General Assembly but before February 1, 2006.
12            162 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        16. For the permanent partial loss of use of a member
15    or sight of an eye, or hearing of an ear, compensation
16    during that proportion of the number of weeks in the
17    foregoing schedule provided for the loss of such member or
18    sight of an eye, or hearing of an ear, which the partial
19    loss of use thereof bears to the total loss of use of such
20    member, or sight of eye, or hearing of an ear.
21            (a) Loss of hearing for compensation purposes
22        shall be confined to the frequencies of 1,000, 2,000
23        and 3,000 cycles per second. Loss of hearing ability
24        for frequency tones above 3,000 cycles per second are
25        not to be considered as constituting disability for
26        hearing.

 

 

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1            (b) The percent of hearing loss, for purposes of
2        the determination of compensation claims for
3        occupational deafness, shall be calculated as the
4        average in decibels for the thresholds of hearing for
5        the frequencies of 1,000, 2,000 and 3,000 cycles per
6        second. Pure tone air conduction audiometric
7        instruments, approved by nationally recognized
8        authorities in this field, shall be used for measuring
9        hearing loss. If the losses of hearing average 30
10        decibels or less in the 3 frequencies, such losses of
11        hearing shall not then constitute any compensable
12        hearing disability. If the losses of hearing average 85
13        decibels or more in the 3 frequencies, then the same
14        shall constitute and be total or 100% compensable
15        hearing loss.
16            (c) In measuring hearing impairment, the lowest
17        measured losses in each of the 3 frequencies shall be
18        added together and divided by 3 to determine the
19        average decibel loss. For every decibel of loss
20        exceeding 30 decibels an allowance of 1.82% shall be
21        made up to the maximum of 100% which is reached at 85
22        decibels.
23            (d) If a hearing loss is established to have
24        existed on July 1, 1975 by audiometric testing the
25        employer shall not be liable for the previous loss so
26        established nor shall he be liable for any loss for

 

 

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1        which compensation has been paid or awarded.
2            (e) No consideration shall be given to the question
3        of whether or not the ability of an employee to
4        understand speech is improved by the use of a hearing
5        aid.
6            (f) No claim for loss of hearing due to industrial
7        noise shall be brought against an employer or allowed
8        unless the employee has been exposed for a period of
9        time sufficient to cause permanent impairment to noise
10        levels in excess of the following:
11Sound Level DBA
12Slow ResponseHours Per Day
13908
14926
15954
16973
171002
181021-1/2
191051
201101/2
211151/4
22        This subparagraph (f) shall not be applied in cases of
23    hearing loss resulting from trauma or explosion.
24        17. In computing the compensation to be paid to any
25    employee who, before the accident for which he claims
26    compensation, had before that time sustained an injury

 

 

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

 

 

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1    of such injured employee from other causes than such injury
2    leaving a widow, widower, or dependents surviving before
3    payment or payment in full for such injury, then the amount
4    due for such injury is payable to the widow or widower and,
5    if there be no widow or widower, then to such dependents,
6    in the proportion which such dependency bears to total
7    dependency.
8    Beginning July 1, 1980, and every 6 months thereafter, the
9Commission shall examine the Second Injury Fund and when, after
10deducting all advances or loans made to such Fund, the amount
11therein is $500,000 then the amount required to be paid by
12employers pursuant to paragraph (f) of Section 7 shall be
13reduced by one-half. When the Second Injury Fund reaches the
14sum of $600,000 then the payments shall cease entirely.
15However, when the Second Injury Fund has been reduced to
16$400,000, payment of one-half of the amounts required by
17paragraph (f) of Section 7 shall be resumed, in the manner
18herein provided, and when the Second Injury Fund has been
19reduced to $300,000, payment of the full amounts required by
20paragraph (f) of Section 7 shall be resumed, in the manner
21herein provided. The Commission shall make the changes in
22payment effective by general order, and the changes in payment
23become immediately effective for all cases coming before the
24Commission thereafter either by settlement agreement or final
25order, irrespective of the date of the accidental injury.
26    On August 1, 1996 and on February 1 and August 1 of each

 

 

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1subsequent year, the Commission shall examine the special fund
2designated as the "Rate Adjustment Fund" and when, after
3deducting all advances or loans made to said fund, the amount
4therein is $4,000,000, the amount required to be paid by
5employers pursuant to paragraph (f) of Section 7 shall be
6reduced by one-half. When the Rate Adjustment Fund reaches the
7sum of $5,000,000 the payment therein shall cease entirely.
8However, when said Rate Adjustment Fund has been reduced to
9$3,000,000 the amounts required by paragraph (f) of Section 7
10shall be resumed in the manner herein provided.
11    (f) In case of complete disability, which renders the
12employee wholly and permanently incapable of work, or in the
13specific case of total and permanent disability as provided in
14subparagraph 18 of paragraph (e) of this Section, compensation
15shall be payable at the rate provided in subparagraph 2 of
16paragraph (b) of this Section for life.
17    An employee entitled to benefits under paragraph (f) of
18this Section shall also be entitled to receive from the Rate
19Adjustment Fund provided in paragraph (f) of Section 7 of the
20supplementary benefits provided in paragraph (g) of this
21Section 8.
22    If any employee who receives an award under this paragraph
23afterwards returns to work or is able to do so, and earns or is
24able to earn as much as before the accident, payments under
25such award shall cease. If such employee returns to work, or is
26able to do so, and earns or is able to earn part but not as much

 

 

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1as before the accident, such award shall be modified so as to
2conform to an award under paragraph (d) of this Section. If
3such award is terminated or reduced under the provisions of
4this paragraph, such employees have the right at any time
5within 30 months after the date of such termination or
6reduction to file petition with the Commission for the purpose
7of determining whether any disability exists as a result of the
8original accidental injury and the extent thereof.
9    Disability as enumerated in subdivision 18, paragraph (e)
10of this Section is considered complete disability.
11    If an employee who had previously incurred loss or the
12permanent and complete loss of use of one member, through the
13loss or the permanent and complete loss of the use of one hand,
14one arm, one foot, one leg, or one eye, incurs permanent and
15complete disability through the loss or the permanent and
16complete loss of the use of another member, he shall receive,
17in addition to the compensation payable by the employer and
18after such payments have ceased, an amount from the Second
19Injury Fund provided for in paragraph (f) of Section 7, which,
20together with the compensation payable from the employer in
21whose employ he was when the last accidental injury was
22incurred, will equal the amount payable for permanent and
23complete disability as provided in this paragraph of this
24Section.
25    The custodian of the Second Injury Fund provided for in
26paragraph (f) of Section 7 shall be joined with the employer as

 

 

09700HB2891sam003- 30 -LRB097 08743 JLS 70316 a

1a party respondent in the application for adjustment of claim.
2The application for adjustment of claim shall state briefly and
3in general terms the approximate time and place and manner of
4the loss of the first member.
5    In its award the Commission or the Arbitrator shall
6specifically find the amount the injured employee shall be
7weekly paid, the number of weeks compensation which shall be
8paid by the employer, the date upon which payments begin out of
9the Second Injury Fund provided for in paragraph (f) of Section
107 of this Act, the length of time the weekly payments continue,
11the date upon which the pension payments commence and the
12monthly amount of the payments. The Commission shall 30 days
13after the date upon which payments out of the Second Injury
14Fund have begun as provided in the award, and every month
15thereafter, prepare and submit to the State Comptroller a
16voucher for payment for all compensation accrued to that date
17at the rate fixed by the Commission. The State Comptroller
18shall draw a warrant to the injured employee along with a
19receipt to be executed by the injured employee and returned to
20the Commission. The endorsed warrant and receipt is a full and
21complete acquittance to the Commission for the payment out of
22the Second Injury Fund. No other appropriation or warrant is
23necessary for payment out of the Second Injury Fund. The Second
24Injury Fund is appropriated for the purpose of making payments
25according to the terms of the awards.
26    As of July 1, 1980 to July 1, 1982, all claims against and

 

 

09700HB2891sam003- 31 -LRB097 08743 JLS 70316 a

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

 

 

09700HB2891sam003- 32 -LRB097 08743 JLS 70316 a

1Unemployment Insurance Act. The increase in the compensation
2rate under this paragraph shall in no event bring the total
3compensation rate to an amount greater than the prevailing
4maximum rate at the time that the annual adjustment is made.
5Such increase shall be paid in the same manner as herein
6provided for payments under the Second Injury Fund to the
7injured employee, or his dependents, as the case may be, out of
8the Rate Adjustment Fund provided in paragraph (f) of Section 7
9of this Act. Payments shall be made at the same intervals as
10provided in the award or, at the option of the Commission, may
11be made in quarterly payment on the 15th day of January, April,
12July and October of each year. In the event of a decrease in
13such average weekly wage there shall be no change in the then
14existing compensation rate. The within paragraph shall not
15apply to cases where there is disputed liability and in which a
16compromise lump sum settlement between the employer and the
17injured employee, or his dependents, as the case may be, has
18been duly approved by the Illinois Workers' Compensation
19Commission.
20    Provided, that in cases of awards entered by the Commission
21for injuries occurring before July 1, 1975, the increases in
22the compensation rate adjusted under the foregoing provision of
23this paragraph (g) shall be limited to increases in the State's
24average weekly wage in covered industries under the
25Unemployment Insurance Act occurring after July 1, 1975.
26    For every accident occurring on or after July 20, 2005 but

 

 

09700HB2891sam003- 33 -LRB097 08743 JLS 70316 a

1before the effective date of this amendatory Act of the 94th
2General Assembly (Senate Bill 1283 of the 94th General
3Assembly), the annual adjustments to the compensation rate in
4awards for death benefits or permanent total disability, as
5provided in this Act, shall be paid by the employer. The
6adjustment shall be made by the employer on July 15 of the
7second year next following the date of the entry of the award
8and shall further be made on July 15 annually thereafter. If
9during the intervening period from the date of the entry of the
10award, or the last periodic adjustment, there shall have been
11an increase in the State's average weekly wage in covered
12industries under the Unemployment Insurance Act, the employer
13shall increase the weekly compensation rate proportionately by
14the same percentage as the percentage of increase in the
15State's average weekly wage in covered industries under the
16Unemployment Insurance Act. The increase in the compensation
17rate under this paragraph shall in no event bring the total
18compensation rate to an amount greater than the prevailing
19maximum rate at the time that the annual adjustment is made. In
20the event of a decrease in such average weekly wage there shall
21be no change in the then existing compensation rate. Such
22increase shall be paid by the employer in the same manner and
23at the same intervals as the payment of compensation in the
24award. This paragraph shall not apply to cases where there is
25disputed liability and in which a compromise lump sum
26settlement between the employer and the injured employee, or

 

 

09700HB2891sam003- 34 -LRB097 08743 JLS 70316 a

1his or her dependents, as the case may be, has been duly
2approved by the Illinois Workers' Compensation Commission.
3    The annual adjustments for every award of death benefits or
4permanent total disability involving accidents occurring
5before July 20, 2005 and accidents occurring on or after the
6effective date of this amendatory Act of the 94th General
7Assembly (Senate Bill 1283 of the 94th General Assembly) shall
8continue to be paid from the Rate Adjustment Fund pursuant to
9this paragraph and Section 7(f) of this Act.
10    (h) In case death occurs from any cause before the total
11compensation to which the employee would have been entitled has
12been paid, then in case the employee leaves any widow, widower,
13child, parent (or any grandchild, grandparent or other lineal
14heir or any collateral heir dependent at the time of the
15accident upon the earnings of the employee to the extent of 50%
16or more of total dependency) such compensation shall be paid to
17the beneficiaries of the deceased employee and distributed as
18provided in paragraph (g) of Section 7.
19    (h-1) In case an injured employee is under legal disability
20at the time when any right or privilege accrues to him or her
21under this Act, a guardian may be appointed pursuant to law,
22and may, on behalf of such person under legal disability, claim
23and exercise any such right or privilege with the same effect
24as if the employee himself or herself had claimed or exercised
25the right or privilege. No limitations of time provided by this
26Act run so long as the employee who is under legal disability

 

 

09700HB2891sam003- 35 -LRB097 08743 JLS 70316 a

1is without a conservator or guardian.
2    (i) In case the injured employee is under 16 years of age
3at the time of the accident and is illegally employed, the
4amount of compensation payable under paragraphs (b), (c), (d),
5(e) and (f) of this Section is increased 50%.
6    However, where an employer has on file an employment
7certificate issued pursuant to the Child Labor Law or work
8permit issued pursuant to the Federal Fair Labor Standards Act,
9as amended, or a birth certificate properly and duly issued,
10such certificate, permit or birth certificate is conclusive
11evidence as to the age of the injured minor employee for the
12purposes of this Section.
13    Nothing herein contained repeals or amends the provisions
14of the Child Labor Law relating to the employment of minors
15under the age of 16 years.
16    (j) 1. In the event the injured employee receives benefits,
17including medical, surgical or hospital benefits under any
18group plan covering non-occupational disabilities contributed
19to wholly or partially by the employer, which benefits should
20not have been payable if any rights of recovery existed under
21this Act, then such amounts so paid to the employee from any
22such group plan as shall be consistent with, and limited to,
23the provisions of paragraph 2 hereof, shall be credited to or
24against any compensation payment for temporary total
25incapacity for work or any medical, surgical or hospital
26benefits made or to be made under this Act. In such event, the

 

 

09700HB2891sam003- 36 -LRB097 08743 JLS 70316 a

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

 

 

09700HB2891sam003- 37 -LRB097 08743 JLS 70316 a

1insurance carrier shall receive credit for each such payment
2only to the extent of the compensation that would have been
3payable during the period covered by such payment.
4    3. The extension of time for the filing of an Application
5for Adjustment of Claim as provided in paragraph 1 above shall
6not apply to those cases where the time for such filing had
7expired prior to the date on which payments or benefits
8enumerated herein have been initiated or resumed. Provided
9however that this paragraph 3 shall apply only to cases wherein
10the payments or benefits hereinabove enumerated shall be
11received after July 1, 1969.
12(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; revised
139-15-11.)
 
14    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
15    Sec. 19. Any disputed questions of law or fact shall be
16determined as herein provided.
17    (a) It shall be the duty of the Commission upon
18notification that the parties have failed to reach an
19agreement, to designate an Arbitrator.
20        1. Whenever any claimant misconceives his remedy and
21    files an application for adjustment of claim under this Act
22    and it is subsequently discovered, at any time before final
23    disposition of such cause, that the claim for disability or
24    death which was the basis for such application should
25    properly have been made under the Workers' Occupational

 

 

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

 

 

09700HB2891sam003- 39 -LRB097 08743 JLS 70316 a

1premises relating to the questions in dispute and hear such
2proper evidence as the parties may submit.
3    The hearings before the Arbitrator shall be held in the
4vicinity where the injury occurred after 10 days' notice of the
5time and place of such hearing shall have been given to each of
6the parties or their attorneys of record.
7    The Arbitrator may find that the disabling condition is
8temporary and has not yet reached a permanent condition and may
9order the payment of compensation up to the date of the
10hearing, which award shall be reviewable and enforceable in the
11same manner as other awards, and in no instance be a bar to a
12further hearing and determination of a further amount of
13temporary total compensation or of compensation for permanent
14disability, but shall be conclusive as to all other questions
15except the nature and extent of said disability.
16    The decision of the Arbitrator shall be filed with the
17Commission which Commission shall immediately send to each
18party or his attorney a copy of such decision, together with a
19notification of the time when it was filed. As of the effective
20date of this amendatory Act of the 94th General Assembly, all
21decisions of the Arbitrator shall set forth in writing findings
22of fact and conclusions of law, separately stated, if requested
23by either party. Unless a petition for review is filed by
24either party within 30 days after the receipt by such party of
25the copy of the decision and notification of time when filed,
26and unless such party petitioning for a review shall within 35

 

 

09700HB2891sam003- 40 -LRB097 08743 JLS 70316 a

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

 

 

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

 

 

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

 

 

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

 

 

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1    to paragraph (a) of Section 8 of this Act;
2        (viii) the name and address, if known, of each witness
3    to the accident and of each other person upon whom the
4    employee will rely to support his allegations;
5        (ix) the dates of treatment related to the accident by
6    medical practitioners, and the names and addresses of such
7    practitioners, including the dates of treatment related to
8    the accident at any hospitals and the names and addresses
9    of such hospitals, and a signed authorization permitting
10    the employer to examine all medical records of all
11    practitioners and hospitals named pursuant to this
12    paragraph;
13        (x) a copy of a signed report by a medical
14    practitioner, relating to the employee's current inability
15    to return to work because of the injuries incurred as a
16    result of the accident or such other documents or
17    affidavits which show that the employee is entitled to
18    receive compensation pursuant to paragraph (b) of Section 8
19    of this Act or medical, surgical or hospital services
20    pursuant to paragraph (a) of Section 8 of this Act. Such
21    reports, documents or affidavits shall state, if possible,
22    the history of the accident given by the employee, and
23    describe the injury and medical diagnosis, the medical
24    services for such injury which the employee has received
25    and is receiving, the physical activities which the
26    employee cannot currently perform as a result of any

 

 

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1    impairment or disability due to such injury, and the
2    prognosis for recovery;
3        (xi) complete copies of any reports, records,
4    documents and affidavits in the possession of the employee
5    on which the employee will rely to support his allegations,
6    provided that the employer shall pay the reasonable cost of
7    reproduction thereof;
8        (xii) a list of any reports, records, documents and
9    affidavits which the employee has demanded by subpoena and
10    on which he intends to rely to support his allegations;
11        (xiii) a certification signed by the employee or his
12    representative that the employer has received the petition
13    with the required information 15 days before filing.
14    Fifteen days after receipt by the employer of the petition
15with the required information the employee may file said
16petition and required information and shall serve notice of the
17filing upon the employer. The employer may file a motion
18addressed to the sufficiency of the petition. If an objection
19has been filed to the sufficiency of the petition, the
20arbitrator shall rule on the objection within 2 working days.
21If such an objection is filed, the time for filing the final
22decision of the Commission as provided in this paragraph shall
23be tolled until the arbitrator has determined that the petition
24is sufficient.
25    The employer shall, within 15 days after receipt of the
26notice that such petition is filed, file with the Commission

 

 

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

 

 

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

 

 

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

 

 

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1or the beneficiary affected, be subject to the review and
2decision of the Commission.
3    (d) If any employee shall persist in insanitary or
4injurious practices which tend to either imperil or retard his
5recovery or shall refuse to submit to such medical, surgical,
6or hospital treatment as is reasonably essential to promote his
7recovery, the Commission may, in its discretion, reduce or
8suspend the compensation of any such injured employee. However,
9when an employer and employee so agree in writing, the
10foregoing provision shall not be construed to authorize the
11reduction or suspension of compensation of an employee who is
12relying in good faith, on treatment by prayer or spiritual
13means alone, in accordance with the tenets and practice of a
14recognized church or religious denomination, by a duly
15accredited practitioner thereof.
16    (e) This paragraph shall apply to all hearings before the
17Commission. Such hearings may be held in its office or
18elsewhere as the Commission may deem advisable. The taking of
19testimony on such hearings may be had before any member of the
20Commission. If a petition for review and agreed statement of
21facts or transcript of evidence is filed, as provided herein,
22the Commission shall promptly review the decision of the
23Arbitrator and all questions of law or fact which appear from
24the statement of facts or transcript of evidence.
25    In all cases in which the hearing before the arbitrator is
26held after December 18, 1989, no additional evidence shall be

 

 

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1introduced by the parties before the Commission on review of
2the decision of the Arbitrator. In reviewing decisions of an
3arbitrator the Commission shall award such temporary
4compensation, permanent compensation and other payments as are
5due under this Act. The Commission shall file in its office its
6decision thereon, and shall immediately send to each party or
7his attorney a copy of such decision and a notification of the
8time when it was filed. Decisions shall be filed within 60 days
9after the Statement of Exceptions and Supporting Brief and
10Response thereto are required to be filed or oral argument
11whichever is later.
12    In the event either party requests oral argument, such
13argument shall be had before a panel of 3 members of the
14Commission (or before all available members pursuant to the
15determination of 7 members of the Commission that such argument
16be held before all available members of the Commission)
17pursuant to the rules and regulations of the Commission. A
18panel of 3 members, which shall be comprised of not more than
19one representative citizen of the employing class and not more
20than one representative citizen of the employee class, shall
21hear the argument; provided that if all the issues in dispute
22are solely the nature and extent of the permanent partial
23disability, if any, a majority of the panel may deny the
24request for such argument and such argument shall not be held;
25and provided further that 7 members of the Commission may
26determine that the argument be held before all available

 

 

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1members of the Commission. A decision of the Commission shall
2be approved by a majority of Commissioners present at such
3hearing if any; provided, if no such hearing is held, a
4decision of the Commission shall be approved by a majority of a
5panel of 3 members of the Commission as described in this
6Section. The Commission shall give 10 days' notice to the
7parties or their attorneys of the time and place of such taking
8of testimony and of such argument.
9    In any case the Commission in its decision may find
10specially upon any question or questions of law or fact which
11shall be submitted in writing by either party whether ultimate
12or otherwise; provided that on issues other than nature and
13extent of the disability, if any, the Commission in its
14decision shall find specially upon any question or questions of
15law or fact, whether ultimate or otherwise, which are submitted
16in writing by either party; provided further that not more than
175 such questions may be submitted by either party. Any party
18may, within 20 days after receipt of notice of the Commission's
19decision, or within such further time, not exceeding 30 days,
20as the Commission may grant, file with the Commission either an
21agreed statement of the facts appearing upon the hearing, or,
22if such party shall so elect, a correct transcript of evidence
23of the additional proceedings presented before the Commission,
24in which report the party may embody a correct statement of
25such other proceedings in the case as such party may desire to
26have reviewed, such statement of facts or transcript of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    of the court shall constitute evidence of his approval of
2    the bond.
3        Every county, city, town, township, incorporated
4    village, school district, body politic or municipal
5    corporation against whom the Commission shall have
6    rendered an award for the payment of money shall not be
7    required to file a bond to secure the payment of the award
8    and the costs of the proceedings in the court to authorize
9    the court to issue such summons.
10        The court may confirm or set aside the decision of the
11    Commission. If the decision is set aside and the facts
12    found in the proceedings before the Commission are
13    sufficient, the court may enter such decision as is
14    justified by law, or may remand the cause to the Commission
15    for further proceedings and may state the questions
16    requiring further hearing, and give such other
17    instructions as may be proper. Appeals shall be taken to
18    the Appellate Court in accordance with Supreme Court Rules
19    22(g) and 303. Appeals shall be taken from the Appellate
20    Court to the Supreme Court in accordance with Supreme Court
21    Rule 315.
22        It shall be the duty of the clerk of any court
23    rendering a decision affecting or affirming an award of the
24    Commission to promptly furnish the Commission with a copy
25    of such decision, without charge.
26        The decision of a majority of the members of the panel

 

 

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1    of the Commission, shall be considered the decision of the
2    Commission.
3    (g) Except in the case of a claim against the State of
4Illinois, either party may present a certified copy of the
5award of the Arbitrator, or a certified copy of the decision of
6the Commission when the same has become final, when no
7proceedings for review are pending, providing for the payment
8of compensation according to this Act, to the Circuit Court of
9the county in which such accident occurred or either of the
10parties are residents, whereupon the court shall enter a
11judgment in accordance therewith. In a case where the employer
12refuses to pay compensation according to such final award or
13such final decision upon which such judgment is entered the
14court shall in entering judgment thereon, tax as costs against
15him the reasonable costs and attorney fees in the arbitration
16proceedings and in the court entering the judgment for the
17person in whose favor the judgment is entered, which judgment
18and costs taxed as therein provided shall, until and unless set
19aside, have the same effect as though duly entered in an action
20duly tried and determined by the court, and shall with like
21effect, be entered and docketed. The Circuit Court shall have
22power at any time upon application to make any such judgment
23conform to any modification required by any subsequent decision
24of the Supreme Court upon appeal, or as the result of any
25subsequent proceedings for review, as provided in this Act.
26    Judgment shall not be entered until 15 days' notice of the

 

 

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1time and place of the application for the entry of judgment
2shall be served upon the employer by filing such notice with
3the Commission, which Commission shall, in case it has on file
4the address of the employer or the name and address of its
5agent upon whom notices may be served, immediately send a copy
6of the notice to the employer or such designated agent.
7    (h) An agreement or award under this Act providing for
8compensation in installments, may at any time within 18 months
9after such agreement or award be reviewed by the Commission at
10the request of either the employer or the employee, on the
11ground that the disability of the employee has subsequently
12recurred, increased, diminished or ended.
13    However, as to accidents occurring subsequent to July 1,
141955, which are covered by any agreement or award under this
15Act providing for compensation in installments made as a result
16of such accident, such agreement or award may at any time
17within 30 months, or 60 months in the case of an award under
18Section 8(d)1, after such agreement or award be reviewed by the
19Commission at the request of either the employer or the
20employee on the ground that the disability of the employee has
21subsequently recurred, increased, diminished or ended.
22    On such review, compensation payments may be
23re-established, increased, diminished or ended. The Commission
24shall give 15 days' notice to the parties of the hearing for
25review. Any employee, upon any petition for such review being
26filed by the employer, shall be entitled to one day's notice

 

 

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

 

 

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

 

 

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1writing the reason for the delay. In the case of demand for
2payment of medical benefits under Section 8(a), the time for
3the employer to respond shall not commence until the expiration
4of the allotted 30 days specified under Section 8.2(d). In case
5the employer or his or her insurance carrier shall without good
6and just cause fail, neglect, refuse, or unreasonably delay the
7payment of benefits under Section 8(a) or Section 8(b), the
8Arbitrator or the Commission shall allow to the employee
9additional compensation in the sum of $30 per day for each day
10that the benefits under Section 8(a) or Section 8(b) have been
11so withheld or refused, not to exceed $10,000. A delay in
12payment of 14 days or more shall create a rebuttable
13presumption of unreasonable delay.
14    (m) If the commission finds that an accidental injury was
15directly and proximately caused by the employer's wilful
16violation of a health and safety standard under the Health and
17Safety Act in force at the time of the accident, the arbitrator
18or the Commission shall allow to the injured employee or his
19dependents, as the case may be, additional compensation equal
20to 25% of the amount which otherwise would be payable under the
21provisions of this Act exclusive of this paragraph. The
22additional compensation herein provided shall be allowed by an
23appropriate increase in the applicable weekly compensation
24rate.
25    (n) After June 30, 1984, decisions of the Illinois Workers'
26Compensation Commission reviewing an award of an arbitrator of

 

 

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1the Commission shall draw interest at a rate equal to the yield
2on indebtedness issued by the United States Government with a
326-week maturity next previously auctioned on the day on which
4the decision is filed. Said rate of interest shall be set forth
5in the Arbitrator's Decision. Interest shall be drawn from the
6date of the arbitrator's award on all accrued compensation due
7the employee through the day prior to the date of payments.
8However, when an employee appeals an award of an Arbitrator or
9the Commission, and the appeal results in no change or a
10decrease in the award, interest shall not further accrue from
11the date of such appeal.
12    The employer or his insurance carrier may tender the
13payments due under the award to stop the further accrual of
14interest on such award notwithstanding the prosecution by
15either party of review, certiorari, appeal to the Supreme Court
16or other steps to reverse, vacate or modify the award.
17    (o) By the 15th day of each month each insurer providing
18coverage for losses under this Act shall notify each insured
19employer of any compensable claim incurred during the preceding
20month and the amounts paid or reserved on the claim including a
21summary of the claim and a brief statement of the reasons for
22compensability. A cumulative report of all claims incurred
23during a calendar year or continued from the previous year
24shall be furnished to the insured employer by the insurer
25within 30 days after the end of that calendar year.
26    The insured employer may challenge, in proceeding before

 

 

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

 

 

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

 

 

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1by the Commission. Arbitration under this subsection (p) shall
2be voluntary.
3(Source: P.A. 97-18, eff. 6-28-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".