98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2624

 

Introduced 11/7/2013, by Sen. Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/1  from Ch. 48, par. 138.1
820 ILCS 305/8  from Ch. 48, par. 138.8
820 ILCS 305/10  from Ch. 48, par. 138.10

    Amends the Workers' Compensation Act. Provides that an employee who is required to travel in connection with his or her employment and who suffers an injury while in travel status shall be eligible for benefits only if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment. Defines "accident" and "injury". Provides that "injury" includes the aggravation of a pre-existing condition by an accident arising out of and in the course of the employment, but only for so long as the aggravation of the pre-existing condition continues to be the major contributing cause of the disability. Provides that an injury resulting directly or indirectly from idiopathic causes is not compensable. Further provides that, with respect to the computation of compensation to be paid to an employee who had previously sustained an injury resulting in payment of compensation for partial disability for injuries not involving serious and permanent disfigurement and injuries for which the Act provides a schedule of benefits, the amount of the prior award for the partial disability with respect to the same portion of the body shall be deducted. Limits cumulative awards for partial disability to 500 weeks, which shall constitute a complete loss of use of the body as a whole. Provides that no employer shall be required to pay temporary partial disability benefits to an employee who has been discharged for cause. Provides that injuries to the shoulder are deemed to be injuries to the arm and injuries to the hip are deemed to be injuries to the leg. Provides for the computation of compensation when there are multiple employers and when there is less than full-time work. Effective immediately.


LRB098 14505 OMW 49251 b

 

 

A BILL FOR

 

SB2624LRB098 14505 OMW 49251 b

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

 

 

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

 

 

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

 

 

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

 

 

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1members of the Illinois National Guard while on active duty in
2the service of the State, and all probation personnel of the
3Juvenile Court appointed pursuant to Article VI of the Juvenile
4Court Act of 1987, and including any official of the State, any
5county, city, town, township, incorporated village, school
6district, body politic or municipal corporation therein except
7any duly appointed member of a police department in any city
8whose population exceeds 500,000 according to the last Federal
9or State census, and except any member of a fire insurance
10patrol maintained by a board of underwriters in this State. A
11duly appointed member of a fire department in any city, the
12population of which exceeds 500,000 according to the last
13federal or State census, is an employee under this Act only
14with respect to claims brought under paragraph (c) of Section
158.
16    One employed by a contractor who has contracted with the
17State, or a county, city, town, township, incorporated village,
18school district, body politic or municipal corporation
19therein, through its representatives, is not considered as an
20employee of the State, county, city, town, township,
21incorporated village, school district, body politic or
22municipal corporation which made the contract.
23    2. Every person in the service of another under any
24contract of hire, express or implied, oral or written,
25including persons whose employment is outside of the State of
26Illinois where the contract of hire is made within the State of

 

 

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

 

 

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1    The term "employee" does not include persons performing
2services as real estate broker, broker-salesman, or salesman
3when such persons are paid by commission only.
4    (c) "Commission" means the Industrial Commission created
5by Section 5 of "The Civil Administrative Code of Illinois",
6approved March 7, 1917, as amended, or the Illinois Workers'
7Compensation Commission created by Section 13 of this Act.
8    (d) To obtain compensation under this Act, an employee
9bears the burden of showing, by a preponderance of the
10evidence, that he or she has sustained accidental injuries
11arising out of and in the course of the employment. An employee
12who is required to travel in connection with his or her
13employment and who suffers an injury while in travel status
14shall be eligible for benefits only if the injury arises out of
15and in the course of employment while he or she is actively
16engaged in the duties of employment. This subsection (d)
17applies to travel necessarily incident to the performance of
18the employee's job responsibility if: (i) the employer
19furnishes the transportation or the employee receives
20reimbursement from the employer for costs of travel, gas, oil,
21or lodging as a part of the employee's benefits or employment
22agreement and the travel is necessitated by and on behalf of
23the employer as an integral part or condition of the
24employment; or (ii) the travel is required by the employer as
25part of the employee's job duties. Arising out of and in the
26course of the employment does not include travel to and from

 

 

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1work. Arising out of and in the course of employment does not
2include when an employee is on a paid or unpaid break and is
3not performing any specific tasks for the employer during the
4break.
5    (e) The term "accident" as used in this Act means an
6occurrence arising out of the employment, resulting from a risk
7incidental to the employment, and in the course of the
8employment at a time and place and under circumstances
9reasonably required by the employment.
10    (f) The term "injury" as used in this Act means a medical
11condition or impairment that arises out of and in the course of
12employment. An injury, its occupational cause, and any
13resulting manifestations or disability must be established to a
14reasonable degree of medical certainty, based on objective
15relevant medical findings, and the accidental compensable
16injury must be the major contributing cause of any resulting
17injuries. For the purposes of this Section, "major contributing
18cause" means the cause which is more than 50% responsible for
19the injury as compared to all other causes combined for which
20treatment or benefits are sought. "Injury" includes the
21aggravation of a pre-existing condition by an accident arising
22out of and in the course of the employment, but only for so
23long as the aggravation of the pre-existing condition continues
24to be the major contributing cause of the disability.
25    An injury is deemed to arise out of and in the course of
26the employment only if:

 

 

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1        (1) it is reasonably apparent, upon consideration of
2    all circumstances, that the accident is the major
3    contributing cause of the injury; and
4        (2) it does not come from a hazard or risk unrelated to
5    the employment to which employees would have been equally
6    exposed outside of the employment.
7    An injury resulting directly or indirectly from idiopathic
8causes is not compensable.
9(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
10eff. 7-13-12.)
 
11    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
12    Sec. 8. The amount of compensation which shall be paid to
13the employee for an accidental injury not resulting in death
14is:
15    (a) The employer shall provide and pay the negotiated rate,
16if applicable, or the lesser of the health care provider's
17actual charges or according to a fee schedule, subject to
18Section 8.2, in effect at the time the service was rendered for
19all the necessary first aid, medical and surgical services, and
20all necessary medical, surgical and hospital services
21thereafter incurred, limited, however, to that which is
22reasonably required to cure or relieve from the effects of the
23accidental injury, even if a health care provider sells,
24transfers, or otherwise assigns an account receivable for
25procedures, treatments, or services covered under this Act. If

 

 

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

 

 

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

 

 

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1    When the employee is working light duty on a part-time
2basis or full-time basis and earns less than he or she would be
3earning if employed in the full capacity of the job or jobs,
4then the employee shall be entitled to temporary partial
5disability benefits. Temporary partial disability benefits
6shall be equal to two-thirds of the difference between the
7average amount that the employee would be able to earn in the
8full performance of his or her duties in the occupation in
9which he or she was engaged at the time of accident and the
10gross amount which he or she is earning in the modified job
11provided to the employee by the employer or in any other job
12that the employee is working.
13    No employer shall be required to pay temporary partial
14disability or maintenance benefits to an employee who has been
15discharged for cause. Prior to suspension of temporary partial
16disability or maintenance benefits, the employer shall provide
17notice to the employee who has been discharged for cause.
18Following a hearing, the Commission may reinstate the temporary
19partial benefits and retroactively restore any benefits the
20employer should have paid if it finds the employer's discharge
21of the employee was not for cause. "Discharge for cause" means
22a discharge resulting from the employee's voluntary violation
23of a rule or policy of the employer not caused by the
24employee's disability.
25    Every hospital, physician, surgeon or other person
26rendering treatment or services in accordance with the

 

 

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1provisions of this Section shall upon written request furnish
2full and complete reports thereof to, and permit their records
3to be copied by, the employer, the employee or his dependents,
4as the case may be, or any other party to any proceeding for
5compensation before the Commission, or their attorneys.
6    Notwithstanding the foregoing, the employer's liability to
7pay for such medical services selected by the employee shall be
8limited to:
9        (1) all first aid and emergency treatment; plus
10        (2) all medical, surgical and hospital services
11    provided by the physician, surgeon or hospital initially
12    chosen by the employee or by any other physician,
13    consultant, expert, institution or other provider of
14    services recommended by said initial service provider or
15    any subsequent provider of medical services in the chain of
16    referrals from said initial service provider; plus
17         (3) all medical, surgical and hospital services
18    provided by any second physician, surgeon or hospital
19    subsequently chosen by the employee or by any other
20    physician, consultant, expert, institution or other
21    provider of services recommended by said second service
22    provider or any subsequent provider of medical services in
23    the chain of referrals from said second service provider.
24    Thereafter the employer shall select and pay for all
25    necessary medical, surgical and hospital treatment and the
26    employee may not select a provider of medical services at

 

 

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1    the employer's expense unless the employer agrees to such
2    selection. At any time the employee may obtain any medical
3    treatment he or she desires at his or her own expense. This
4    paragraph shall not affect the duty to pay for
5    rehabilitation referred to above.
6        (4) The following shall apply for injuries occurring on
7    or after June 28, 2011 (the effective date of Public Act
8    97-18) and only when an employer has an approved preferred
9    provider program pursuant to Section 8.1a on the date the
10    employee sustained his or her accidental injuries:
11            (A) The employer shall, in writing, on a form
12        promulgated by the Commission, inform the employee of
13        the preferred provider program;
14            (B) Subsequent to the report of an injury by an
15        employee, the employee may choose in writing at any
16        time to decline the preferred provider program, in
17        which case that would constitute one of the two choices
18        of medical providers to which the employee is entitled
19        under subsection (a)(2) or (a)(3); and
20            (C) Prior to the report of an injury by an
21        employee, when an employee chooses non-emergency
22        treatment from a provider not within the preferred
23        provider program, that would constitute the employee's
24        one choice of medical providers to which the employee
25        is entitled under subsection (a)(2) or (a)(3).
26    When an employer and employee so agree in writing, nothing

 

 

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1in this Act prevents an employee whose injury or disability has
2been established under this Act, from relying in good faith, on
3treatment by prayer or spiritual means alone, in accordance
4with the tenets and practice of a recognized church or
5religious denomination, by a duly accredited practitioner
6thereof, and having nursing services appropriate therewith,
7without suffering loss or diminution of the compensation
8benefits under this Act. However, the employee shall submit to
9all physical examinations required by this Act. The cost of
10such treatment and nursing care shall be paid by the employee
11unless the employer agrees to make such payment.
12    Where the accidental injury results in the amputation of an
13arm, hand, leg or foot, or the enucleation of an eye, or the
14loss of any of the natural teeth, the employer shall furnish an
15artificial of any such members lost or damaged in accidental
16injury arising out of and in the course of employment, and
17shall also furnish the necessary braces in all proper and
18necessary cases. In cases of the loss of a member or members by
19amputation, the employer shall, whenever necessary, maintain
20in good repair, refit or replace the artificial limbs during
21the lifetime of the employee. Where the accidental injury
22accompanied by physical injury results in damage to a denture,
23eye glasses or contact eye lenses, or where the accidental
24injury results in damage to an artificial member, the employer
25shall replace or repair such denture, glasses, lenses, or
26artificial member.

 

 

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

 

 

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1    less. No employer shall be required to pay temporary
2    partial disability or maintenance benefits to an employee
3    who has been discharged for cause. Prior to suspension of
4    temporary partial disability or maintenance benefits, the
5    employer shall provide notice to the employee who has been
6    discharged for cause. Following a hearing, the Commission
7    may reinstate the temporary partial benefits and
8    retroactively restore any benefits the employer should
9    have paid if it finds the employer's discharge of the
10    employee was not for cause. "Discharge for cause" means a
11    discharge resulting from the employee's voluntary
12    violation of a rule or policy of the employer not caused by
13    the employee's disability.
14        2. The compensation rate in all cases other than for
15    temporary total disability under this paragraph (b), and
16    other than for serious and permanent disfigurement under
17    paragraph (c) and other than for permanent partial
18    disability under subparagraph (2) of paragraph (d) or under
19    paragraph (e), of this Section shall be equal to 66 2/3% of
20    the employee's average weekly wage computed in accordance
21    with the provisions of Section 10, provided that it shall
22    be not less than 66 2/3% of the sum of the Federal minimum
23    wage under the Fair Labor Standards Act, or the Illinois
24    minimum wage under the Minimum Wage Law, whichever is more,
25    multiplied by 40 hours. This percentage rate shall be
26    increased by 10% for each spouse and child, not to exceed

 

 

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

 

 

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1    The term "children" means the plural of "child".
2        4. All weekly compensation rates provided under
3    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
4    Section shall be subject to the following limitations:
5        The maximum weekly compensation rate from July 1, 1975,
6    except as hereinafter provided, shall be 100% of the
7    State's average weekly wage in covered industries under the
8    Unemployment Insurance Act, that being the wage that most
9    closely approximates the State's average weekly wage.
10        The maximum weekly compensation rate, for the period
11    July 1, 1984, through June 30, 1987, except as hereinafter
12    provided, shall be $293.61. Effective July 1, 1987 and on
13    July 1 of each year thereafter the maximum weekly
14    compensation rate, except as hereinafter provided, shall
15    be determined as follows: if during the preceding 12 month
16    period there shall have been an increase in the State's
17    average weekly wage in covered industries under the
18    Unemployment Insurance Act, the weekly compensation rate
19    shall be proportionately increased by the same percentage
20    as the percentage of increase in the State's average weekly
21    wage in covered industries under the Unemployment
22    Insurance Act during such period.
23        The maximum weekly compensation rate, for the period
24    January 1, 1981 through December 31, 1983, except as
25    hereinafter provided, shall be 100% of the State's average
26    weekly wage in covered industries under the Unemployment

 

 

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1    Insurance Act in effect on January 1, 1981. Effective
2    January 1, 1984 and on January 1, of each year thereafter
3    the maximum weekly compensation rate, except as
4    hereinafter provided, shall be determined as follows: if
5    during the preceding 12 month period there shall have been
6    an increase in the State's average weekly wage in covered
7    industries under the Unemployment Insurance Act, the
8    weekly compensation rate shall be proportionately
9    increased by the same percentage as the percentage of
10    increase in the State's average weekly wage in covered
11    industries under the Unemployment Insurance Act during
12    such period.
13        From July 1, 1977 and thereafter such maximum weekly
14    compensation rate in death cases under Section 7, and
15    permanent total disability cases under paragraph (f) or
16    subparagraph 18 of paragraph (3) of this Section and for
17    temporary total disability under paragraph (b) of this
18    Section and for amputation of a member or enucleation of an
19    eye under paragraph (e) of this Section shall be increased
20    to 133-1/3% of the State's average weekly wage in covered
21    industries under the Unemployment Insurance Act.
22        For injuries occurring on or after February 1, 2006,
23    the maximum weekly benefit under paragraph (d)1 of this
24    Section shall be 100% of the State's average weekly wage in
25    covered industries under the Unemployment Insurance Act.
26        4.1. Any provision herein to the contrary

 

 

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

 

 

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1    publish the State's average weekly wage in covered
2    industries under the Unemployment Insurance Act as last
3    determined and published by the Department of Employment
4    Security. The amount when so posted and published shall be
5    conclusive and shall be applicable as the basis of
6    computation of compensation rates until the next posting
7    and publication as aforesaid.
8        7. The payment of compensation by an employer or his
9    insurance carrier to an injured employee shall not
10    constitute an admission of the employer's liability to pay
11    compensation.
12    (c) For any serious and permanent disfigurement to the
13hand, head, face, neck, arm, leg below the knee or the chest
14above the axillary line, the employee is entitled to
15compensation for such disfigurement, the amount determined by
16agreement at any time or by arbitration under this Act, at a
17hearing not less than 6 months after the date of the accidental
18injury, which amount shall not exceed 150 weeks (if the
19accidental injury occurs on or after the effective date of this
20amendatory Act of the 94th General Assembly but before February
211, 2006) or 162 weeks (if the accidental injury occurs on or
22after February 1, 2006) at the applicable rate provided in
23subparagraph 2.1 of paragraph (b) of this Section.
24    No compensation is payable under this paragraph where
25compensation is payable under paragraphs (d), (e) or (f) of
26this Section.

 

 

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1    A duly appointed member of a fire department in a city, the
2population of which exceeds 500,000 according to the last
3federal or State census, is eligible for compensation under
4this paragraph only where such serious and permanent
5disfigurement results from burns.
6    (d) 1. If, after the accidental injury has been sustained,
7the employee as a result thereof becomes partially
8incapacitated from pursuing his usual and customary line of
9employment, he shall, except in cases compensated under the
10specific schedule set forth in paragraph (e) of this Section,
11receive compensation for the duration of his disability,
12subject to the limitations as to maximum amounts fixed in
13paragraph (b) of this Section, equal to 66-2/3% of the
14difference between the average amount which he would be able to
15earn in the full performance of his duties in the occupation in
16which he was engaged at the time of the accident and the
17average amount which he is earning or is able to earn in some
18suitable employment or business after the accident. For
19accidental injuries that occur on or after September 1, 2011,
20an award for wage differential under this subsection shall be
21effective only until the employee reaches the age of 67 or 5
22years from the date the award becomes final, whichever is
23later.
24    2. If, as a result of the accident, the employee sustains
25serious and permanent injuries not covered by paragraphs (c)
26and (e) of this Section or having sustained injuries covered by

 

 

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1the aforesaid paragraphs (c) and (e), he shall have sustained
2in addition thereto other injuries which injuries do not
3incapacitate him from pursuing the duties of his employment but
4which would disable him from pursuing other suitable
5occupations, or which have otherwise resulted in physical
6impairment; or if such injuries partially incapacitate him from
7pursuing the duties of his usual and customary line of
8employment but do not result in an impairment of earning
9capacity, or having resulted in an impairment of earning
10capacity, the employee elects to waive his right to recover
11under the foregoing subparagraph 1 of paragraph (d) of this
12Section then in any of the foregoing events, he shall receive
13in addition to compensation for temporary total disability
14under paragraph (b) of this Section, compensation at the rate
15provided in subparagraph 2.1 of paragraph (b) of this Section
16for that percentage of 500 weeks that the partial disability
17resulting from the injuries covered by this paragraph bears to
18total disability.
19    In computing the compensation to be paid to any employee
20who, before the accident for which he or she claims
21compensation, had previously sustained an injury resulting in
22the payment of compensation for a percentage of partial
23disability under this subparagraph 2, such percentage of
24partial disability shall be deducted from any award made under
25this subparagraph 2 for a subsequent injury to the same portion
26of the body as was involved in the prior injury for which

 

 

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1compensation was paid; provided, however, nothing herein
2contained shall permit cumulative awards for compensation for
3partial disability under this subparagraph 2 to exceed 500
4weeks, which shall constitute complete loss of use of the body
5as a whole.
6    If, as a result of the accident, the employee shall have
7sustained a fracture of one or more vertebra or fracture of the
8skull, the amount of compensation allowed under this Section
9shall be not less than 6 weeks for a fractured skull and 6
10weeks for each fractured vertebra, and in the event the
11employee shall have sustained a fracture of any of the
12following facial bones: nasal, lachrymal, vomer, zygoma,
13maxilla, palatine or mandible, the amount of compensation
14allowed under this Section shall be not less than 2 weeks for
15each such fractured bone, and for a fracture of each transverse
16process not less than 3 weeks. In the event such injuries shall
17result in the loss of a kidney, spleen or lung, the amount of
18compensation allowed under this Section shall be not less than
1910 weeks for each such organ. Compensation awarded under this
20subparagraph 2 shall not take into consideration injuries
21covered under paragraphs (c) and (e) of this Section and the
22compensation provided in this paragraph shall not affect the
23employee's right to compensation payable under paragraphs (b),
24(c) and (e) of this Section for the disabilities therein
25covered.
26    (e) For accidental injuries in the following schedule, the

 

 

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1employee shall receive compensation for the period of temporary
2total incapacity for work resulting from such accidental
3injury, under subparagraph 1 of paragraph (b) of this Section,
4and shall receive in addition thereto compensation for a
5further period for the specific loss herein mentioned, but
6shall not receive any compensation under any other provisions
7of this Act. The following listed amounts apply to either the
8loss of or the permanent and complete loss of use of the member
9specified, such compensation for the length of time as follows:
10        1. Thumb-
11            70 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            76 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        2. First, or index finger-
17            40 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            43 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        3. Second, or middle finger-
23            35 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            38 weeks if the accidental injury occurs on or

 

 

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

 

 

SB2624- 28 -LRB098 14505 OMW 49251 b

1    or of any finger or toe shall be considered to be equal to
2    the loss of one-half of such thumb, finger or toe and the
3    compensation payable shall be one-half of the amount above
4    specified. The loss of more than one phalanx shall be
5    considered as the loss of the entire thumb, finger or toe.
6    In no case shall the amount received for more than one
7    finger exceed the amount provided in this schedule for the
8    loss of a hand.
9        9. Hand-
10            190 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            205 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15            190 weeks if the accidental injury occurs on or
16        after June 28, 2011 (the effective date of Public Act
17        97-18) and if the accidental injury involves carpal
18        tunnel syndrome due to repetitive or cumulative
19        trauma, in which case the permanent partial disability
20        shall not exceed 15% loss of use of the hand, except
21        for cause shown by clear and convincing evidence and in
22        which case the award shall not exceed 30% loss of use
23        of the hand.
24        The loss of 2 or more digits, or one or more phalanges
25    of 2 or more digits, of a hand may be compensated on the
26    basis of partial loss of use of a hand, provided, further,

 

 

SB2624- 29 -LRB098 14505 OMW 49251 b

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

 

 

SB2624- 30 -LRB098 14505 OMW 49251 b

1    accidental injury occurs on or after February 1, 2006)
2    shall be paid. For purposes of awards under this
3    subdivision (e), injuries to the shoulder shall be
4    considered to be injuries to part of the arm. This
5    amendatory Act of the 98th General Assembly is declarative
6    of existing law and is not a new enactment.
7        11. Foot-
8            155 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            167 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        12. Leg-
14            200 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            215 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19        Where an accidental injury results in the amputation of
20    a leg below the knee, such injury shall be compensated as
21    loss of a leg. Where an accidental injury results in the
22    amputation of a leg above the knee, compensation for an
23    additional 25 weeks (if the accidental injury occurs on or
24    after the effective date of this amendatory Act of the 94th
25    General Assembly but before February 1, 2006) or an
26    additional 27 weeks (if the accidental injury occurs on or

 

 

SB2624- 31 -LRB098 14505 OMW 49251 b

1    after February 1, 2006) shall be paid, except where the
2    accidental injury results in the amputation of a leg at the
3    hip joint, or so close to the hip joint that an artificial
4    leg cannot be used, or results in the disarticulation of a
5    leg at the hip joint, in which case compensation for an
6    additional 75 weeks (if the accidental injury occurs on or
7    after the effective date of this amendatory Act of the 94th
8    General Assembly but before February 1, 2006) or an
9    additional 81 weeks (if the accidental injury occurs on or
10    after February 1, 2006) shall be paid. For purposes of
11    awards under this subdivision (e), injuries to the hip
12    shall be considered to be injuries to part of the leg. This
13    amendatory Act of the 98th General Assembly is declarative
14    of existing law and is not a new enactment.
15        13. Eye-
16            150 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            162 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        Where an accidental injury results in the enucleation
22    of an eye, compensation for an additional 10 weeks (if the
23    accidental injury occurs on or after the effective date of
24    this amendatory Act of the 94th General Assembly but before
25    February 1, 2006) or an additional 11 weeks (if the
26    accidental injury occurs on or after February 1, 2006)

 

 

SB2624- 32 -LRB098 14505 OMW 49251 b

1    shall be paid.
2        14. Loss of hearing of one ear-
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        Total and permanent loss of hearing of both ears-
9            200 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            215 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        15. Testicle-
15            50 weeks if the accidental injury occurs on or
16        after the effective date of this amendatory Act of the
17        94th General Assembly but before February 1, 2006.
18            54 weeks if the accidental injury occurs on or
19        after February 1, 2006.
20        Both testicles-
21            150 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            162 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        16. For the permanent partial loss of use of a member

 

 

SB2624- 33 -LRB098 14505 OMW 49251 b

1    or sight of an eye, or hearing of an ear, compensation
2    during that proportion of the number of weeks in the
3    foregoing schedule provided for the loss of such member or
4    sight of an eye, or hearing of an ear, which the partial
5    loss of use thereof bears to the total loss of use of such
6    member, or sight of eye, or hearing of an ear.
7            (a) Loss of hearing for compensation purposes
8        shall be confined to the frequencies of 1,000, 2,000
9        and 3,000 cycles per second. Loss of hearing ability
10        for frequency tones above 3,000 cycles per second are
11        not to be considered as constituting disability for
12        hearing.
13            (b) The percent of hearing loss, for purposes of
14        the determination of compensation claims for
15        occupational deafness, shall be calculated as the
16        average in decibels for the thresholds of hearing for
17        the frequencies of 1,000, 2,000 and 3,000 cycles per
18        second. Pure tone air conduction audiometric
19        instruments, approved by nationally recognized
20        authorities in this field, shall be used for measuring
21        hearing loss. If the losses of hearing average 30
22        decibels or less in the 3 frequencies, such losses of
23        hearing shall not then constitute any compensable
24        hearing disability. If the losses of hearing average 85
25        decibels or more in the 3 frequencies, then the same
26        shall constitute and be total or 100% compensable

 

 

SB2624- 34 -LRB098 14505 OMW 49251 b

1        hearing loss.
2            (c) In measuring hearing impairment, the lowest
3        measured losses in each of the 3 frequencies shall be
4        added together and divided by 3 to determine the
5        average decibel loss. For every decibel of loss
6        exceeding 30 decibels an allowance of 1.82% shall be
7        made up to the maximum of 100% which is reached at 85
8        decibels.
9            (d) If a hearing loss is established to have
10        existed on July 1, 1975 by audiometric testing the
11        employer shall not be liable for the previous loss so
12        established nor shall he be liable for any loss for
13        which compensation has been paid or awarded.
14            (e) No consideration shall be given to the question
15        of whether or not the ability of an employee to
16        understand speech is improved by the use of a hearing
17        aid.
18            (f) No claim for loss of hearing due to industrial
19        noise shall be brought against an employer or allowed
20        unless the employee has been exposed for a period of
21        time sufficient to cause permanent impairment to noise
22        levels in excess of the following:
23Sound Level DBA
24Slow ResponseHours Per Day
25908
26926

 

 

SB2624- 35 -LRB098 14505 OMW 49251 b

1954
2973
31002
41021-1/2
51051
61101/2
71151/4
8        This subparagraph (f) shall not be applied in cases of
9    hearing loss resulting from trauma or explosion.
10        17. In computing the compensation to be paid to any
11    employee who, before the accident for which he claims
12    compensation, had before that time sustained an injury
13    resulting in the loss by amputation or partial loss by
14    amputation of any member, including hand, arm, thumb or
15    fingers, leg, foot or any toes, such loss or partial loss
16    of any such member shall be deducted from any award made
17    for the subsequent injury. For the permanent loss of use or
18    the permanent partial loss of use of any such member or the
19    partial loss of sight of an eye, for which compensation has
20    been paid, then such loss shall be taken into consideration
21    and deducted from any award for the subsequent injury.
22        18. The specific case of loss of both hands, both arms,
23    or both feet, or both legs, or both eyes, or of any two
24    thereof, or the permanent and complete loss of the use
25    thereof, constitutes total and permanent disability, to be
26    compensated according to the compensation fixed by

 

 

SB2624- 36 -LRB098 14505 OMW 49251 b

1    paragraph (f) of this Section. These specific cases of
2    total and permanent disability do not exclude other cases.
3        Any employee who has previously suffered the loss or
4    permanent and complete loss of the use of any of such
5    members, and in a subsequent independent accident loses
6    another or suffers the permanent and complete loss of the
7    use of any one of such members the employer for whom the
8    injured employee is working at the time of the last
9    independent accident is liable to pay compensation only for
10    the loss or permanent and complete loss of the use of the
11    member occasioned by the last independent accident.
12        19. In a case of specific loss and the subsequent death
13    of such injured employee from other causes than such injury
14    leaving a widow, widower, or dependents surviving before
15    payment or payment in full for such injury, then the amount
16    due for such injury is payable to the widow or widower and,
17    if there be no widow or widower, then to such dependents,
18    in the proportion which such dependency bears to total
19    dependency.
20    Beginning July 1, 1980, and every 6 months thereafter, the
21Commission shall examine the Second Injury Fund and when, after
22deducting all advances or loans made to such Fund, the amount
23therein is $500,000 then the amount required to be paid by
24employers pursuant to paragraph (f) of Section 7 shall be
25reduced by one-half. When the Second Injury Fund reaches the
26sum of $600,000 then the payments shall cease entirely.

 

 

SB2624- 37 -LRB098 14505 OMW 49251 b

1However, when the Second Injury Fund has been reduced to
2$400,000, payment of one-half of the amounts required by
3paragraph (f) of Section 7 shall be resumed, in the manner
4herein provided, and when the Second Injury Fund has been
5reduced to $300,000, payment of the full amounts required by
6paragraph (f) of Section 7 shall be resumed, in the manner
7herein provided. The Commission shall make the changes in
8payment effective by general order, and the changes in payment
9become immediately effective for all cases coming before the
10Commission thereafter either by settlement agreement or final
11order, irrespective of the date of the accidental injury.
12    On August 1, 1996 and on February 1 and August 1 of each
13subsequent year, the Commission shall examine the special fund
14designated as the "Rate Adjustment Fund" and when, after
15deducting all advances or loans made to said fund, the amount
16therein is $4,000,000, the amount required to be paid by
17employers pursuant to paragraph (f) of Section 7 shall be
18reduced by one-half. When the Rate Adjustment Fund reaches the
19sum of $5,000,000 the payment therein shall cease entirely.
20However, when said Rate Adjustment Fund has been reduced to
21$3,000,000 the amounts required by paragraph (f) of Section 7
22shall be resumed in the manner herein provided.
23    (f) In case of complete disability, which renders the
24employee wholly and permanently incapable of work, or in the
25specific case of total and permanent disability as provided in
26subparagraph 18 of paragraph (e) of this Section, compensation

 

 

SB2624- 38 -LRB098 14505 OMW 49251 b

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

 

 

SB2624- 39 -LRB098 14505 OMW 49251 b

1complete disability through the loss or the permanent and
2complete loss of the use of another member, he shall receive,
3in addition to the compensation payable by the employer and
4after such payments have ceased, an amount from the Second
5Injury Fund provided for in paragraph (f) of Section 7, which,
6together with the compensation payable from the employer in
7whose employ he was when the last accidental injury was
8incurred, will equal the amount payable for permanent and
9complete disability as provided in this paragraph of this
10Section.
11    The custodian of the Second Injury Fund provided for in
12paragraph (f) of Section 7 shall be joined with the employer as
13a party respondent in the application for adjustment of claim.
14The application for adjustment of claim shall state briefly and
15in general terms the approximate time and place and manner of
16the loss of the first member.
17    In its award the Commission or the Arbitrator shall
18specifically find the amount the injured employee shall be
19weekly paid, the number of weeks compensation which shall be
20paid by the employer, the date upon which payments begin out of
21the Second Injury Fund provided for in paragraph (f) of Section
227 of this Act, the length of time the weekly payments continue,
23the date upon which the pension payments commence and the
24monthly amount of the payments. The Commission shall 30 days
25after the date upon which payments out of the Second Injury
26Fund have begun as provided in the award, and every month

 

 

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1thereafter, prepare and submit to the State Comptroller a
2voucher for payment for all compensation accrued to that date
3at the rate fixed by the Commission. The State Comptroller
4shall draw a warrant to the injured employee along with a
5receipt to be executed by the injured employee and returned to
6the Commission. The endorsed warrant and receipt is a full and
7complete acquittance to the Commission for the payment out of
8the Second Injury Fund. No other appropriation or warrant is
9necessary for payment out of the Second Injury Fund. The Second
10Injury Fund is appropriated for the purpose of making payments
11according to the terms of the awards.
12    As of July 1, 1980 to July 1, 1982, all claims against and
13obligations of the Second Injury Fund shall become claims
14against and obligations of the Rate Adjustment Fund to the
15extent there is insufficient money in the Second Injury Fund to
16pay such claims and obligations. In that case, all references
17to "Second Injury Fund" in this Section shall also include the
18Rate Adjustment Fund.
19    (g) Every award for permanent total disability entered by
20the Commission on and after July 1, 1965 under which
21compensation payments shall become due and payable after the
22effective date of this amendatory Act, and every award for
23death benefits or permanent total disability entered by the
24Commission on and after the effective date of this amendatory
25Act shall be subject to annual adjustments as to the amount of
26the compensation rate therein provided. Such adjustments shall

 

 

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1first be made on July 15, 1977, and all awards made and entered
2prior to July 1, 1975 and on July 15 of each year thereafter.
3In all other cases such adjustment shall be made on July 15 of
4the second year next following the date of the entry of the
5award and shall further be made on July 15 annually thereafter.
6If during the intervening period from the date of the entry of
7the award, or the last periodic adjustment, there shall have
8been an increase in the State's average weekly wage in covered
9industries under the Unemployment Insurance Act, the weekly
10compensation rate shall be proportionately increased by the
11same percentage as the percentage of increase in the State's
12average weekly wage in covered industries under the
13Unemployment Insurance Act. The increase in the compensation
14rate under this paragraph shall in no event bring the total
15compensation rate to an amount greater than the prevailing
16maximum rate at the time that the annual adjustment is made.
17Such increase shall be paid in the same manner as herein
18provided for payments under the Second Injury Fund to the
19injured employee, or his dependents, as the case may be, out of
20the Rate Adjustment Fund provided in paragraph (f) of Section 7
21of this Act. Payments shall be made at the same intervals as
22provided in the award or, at the option of the Commission, may
23be made in quarterly payment on the 15th day of January, April,
24July and October of each year. In the event of a decrease in
25such average weekly wage there shall be no change in the then
26existing compensation rate. The within paragraph shall not

 

 

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1apply to cases where there is disputed liability and in which a
2compromise lump sum settlement between the employer and the
3injured employee, or his dependents, as the case may be, has
4been duly approved by the Illinois Workers' Compensation
5Commission.
6    Provided, that in cases of awards entered by the Commission
7for injuries occurring before July 1, 1975, the increases in
8the compensation rate adjusted under the foregoing provision of
9this paragraph (g) shall be limited to increases in the State's
10average weekly wage in covered industries under the
11Unemployment Insurance Act occurring after July 1, 1975.
12    For every accident occurring on or after July 20, 2005 but
13before the effective date of this amendatory Act of the 94th
14General Assembly (Senate Bill 1283 of the 94th General
15Assembly), the annual adjustments to the compensation rate in
16awards for death benefits or permanent total disability, as
17provided in this Act, shall be paid by the employer. The
18adjustment shall be made by the employer on July 15 of the
19second year next following the date of the entry of the award
20and shall further be made on July 15 annually thereafter. If
21during the intervening period from the date of the entry of the
22award, or the last periodic adjustment, there shall have been
23an increase in the State's average weekly wage in covered
24industries under the Unemployment Insurance Act, the employer
25shall increase the weekly compensation rate proportionately by
26the same percentage as the percentage of increase in the

 

 

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1State's average weekly wage in covered industries under the
2Unemployment Insurance Act. The increase in the compensation
3rate under this paragraph shall in no event bring the total
4compensation rate to an amount greater than the prevailing
5maximum rate at the time that the annual adjustment is made. In
6the event of a decrease in such average weekly wage there shall
7be no change in the then existing compensation rate. Such
8increase shall be paid by the employer in the same manner and
9at the same intervals as the payment of compensation in the
10award. This paragraph shall not apply to cases where there is
11disputed liability and in which a compromise lump sum
12settlement between the employer and the injured employee, or
13his or her dependents, as the case may be, has been duly
14approved by the Illinois Workers' Compensation Commission.
15    The annual adjustments for every award of death benefits or
16permanent total disability involving accidents occurring
17before July 20, 2005 and accidents occurring on or after the
18effective date of this amendatory Act of the 94th General
19Assembly (Senate Bill 1283 of the 94th General Assembly) shall
20continue to be paid from the Rate Adjustment Fund pursuant to
21this paragraph and Section 7(f) of this Act.
22    (h) In case death occurs from any cause before the total
23compensation to which the employee would have been entitled has
24been paid, then in case the employee leaves any widow, widower,
25child, parent (or any grandchild, grandparent or other lineal
26heir or any collateral heir dependent at the time of the

 

 

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1accident upon the earnings of the employee to the extent of 50%
2or more of total dependency) such compensation shall be paid to
3the beneficiaries of the deceased employee and distributed as
4provided in paragraph (g) of Section 7.
5    (h-1) In case an injured employee is under legal disability
6at the time when any right or privilege accrues to him or her
7under this Act, a guardian may be appointed pursuant to law,
8and may, on behalf of such person under legal disability, claim
9and exercise any such right or privilege with the same effect
10as if the employee himself or herself had claimed or exercised
11the right or privilege. No limitations of time provided by this
12Act run so long as the employee who is under legal disability
13is without a conservator or guardian.
14    (i) In case the injured employee is under 16 years of age
15at the time of the accident and is illegally employed, the
16amount of compensation payable under paragraphs (b), (c), (d),
17(e) and (f) of this Section is increased 50%.
18    However, where an employer has on file an employment
19certificate issued pursuant to the Child Labor Law or work
20permit issued pursuant to the Federal Fair Labor Standards Act,
21as amended, or a birth certificate properly and duly issued,
22such certificate, permit or birth certificate is conclusive
23evidence as to the age of the injured minor employee for the
24purposes of this Section.
25    Nothing herein contained repeals or amends the provisions
26of the Child Labor Law relating to the employment of minors

 

 

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1under the age of 16 years.
2    (j) 1. In the event the injured employee receives benefits,
3including medical, surgical or hospital benefits under any
4group plan covering non-occupational disabilities contributed
5to wholly or partially by the employer, which benefits should
6not have been payable if any rights of recovery existed under
7this Act, then such amounts so paid to the employee from any
8such group plan as shall be consistent with, and limited to,
9the provisions of paragraph 2 hereof, shall be credited to or
10against any compensation payment for temporary total
11incapacity for work or any medical, surgical or hospital
12benefits made or to be made under this Act. In such event, the
13period of time for giving notice of accidental injury and
14filing application for adjustment of claim does not commence to
15run until the termination of such payments. This paragraph does
16not apply to payments made under any group plan which would
17have been payable irrespective of an accidental injury under
18this Act. Any employer receiving such credit shall keep such
19employee safe and harmless from any and all claims or
20liabilities that may be made against him by reason of having
21received such payments only to the extent of such credit.
22    Any excess benefits paid to or on behalf of a State
23employee by the State Employees' Retirement System under
24Article 14 of the Illinois Pension Code on a death claim or
25disputed disability claim shall be credited against any
26payments made or to be made by the State of Illinois to or on

 

 

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1behalf of such employee under this Act, except for payments for
2medical expenses which have already been incurred at the time
3of the award. The State of Illinois shall directly reimburse
4the State Employees' Retirement System to the extent of such
5credit.
6    2. Nothing contained in this Act shall be construed to give
7the employer or the insurance carrier the right to credit for
8any benefits or payments received by the employee other than
9compensation payments provided by this Act, and where the
10employee receives payments other than compensation payments,
11whether as full or partial salary, group insurance benefits,
12bonuses, annuities or any other payments, the employer or
13insurance carrier shall receive credit for each such payment
14only to the extent of the compensation that would have been
15payable during the period covered by such payment.
16    3. The extension of time for the filing of an Application
17for Adjustment of Claim as provided in paragraph 1 above shall
18not apply to those cases where the time for such filing had
19expired prior to the date on which payments or benefits
20enumerated herein have been initiated or resumed. Provided
21however that this paragraph 3 shall apply only to cases wherein
22the payments or benefits hereinabove enumerated shall be
23received after July 1, 1969.
24(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
25eff. 7-13-12.)
 

 

 

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1    (820 ILCS 305/10)  (from Ch. 48, par. 138.10)
2    Sec. 10. The basis for computing the compensation provided
3for in Sections 7 and 8 of the Act shall be as follows:
4    (1) The compensation shall be computed on the basis of the
5"Average weekly wage" which shall mean the actual earnings of
6the employee in the employment in which he was working at the
7time of the injury during the period of 52 weeks ending with
8the last day of the employee's last full pay period immediately
9preceding the date of injury, illness or disablement excluding
10overtime, and bonus divided by 52; but if the injured employee
11lost 5 or more calendar days during such period, whether or not
12in the same week, then the earnings for the remainder of such
1352 weeks shall be divided by the number of weeks and parts
14thereof remaining after the time so lost has been deducted.
15    (2) Where the employment prior to the injury extended over
16a period of less than 52 weeks, or the employment is
17noncontinuous or less than full-time, or the employee lost one
18or more calendar days during that period, the earnings earned
19during that period shall be divided by the number of weeks
20during which the employee worked, regardless of the number of
21hours worked during that week the method of dividing the
22earnings during that period by the number of weeks and parts
23thereof during which the employee actually earned wages shall
24be followed.
25    (3) When the employee is working concurrently with 2 or
26more employers and the respondent employer has knowledge of

 

 

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1such additional employment prior to the injury, the employee's
2wages from all such employers shall be considered as if earned
3from the employer liable for compensation.
4    (4) Each week during which the employee earned wages counts
5as one week for purposes of computation under subdivisions (1),
6(2), and (3), regardless of the number of hours worked during
7that week.
8    (5) Where by reason of the shortness of the time during
9which the employee has been in the employment of his employer
10or of the casual nature or terms of the employment, it is
11impractical to compute the average weekly wages as above
12defined, regard shall be had to the average weekly amount which
13during the 52 weeks previous to the injury, illness or
14disablement was being or would have been earned by a person in
15the same grade employed at the same work for each of such 52
16weeks for the same number of hours per week by the same
17employer. In the case of volunteer firemen, police and civil
18defense members or trainees, the income benefits shall be based
19on the average weekly wage in their regular employment. When
20the employee is working concurrently with two or more employers
21and the respondent employer has knowledge of such employment
22prior to the injury, his wages from all such employers shall be
23considered as if earned from the employer liable for
24compensation.
25(Source: P.A. 81-1482.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.