98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2625

 

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

 

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

    Amends the Workers' Compensation Act. Provides that no employer shall be required to pay temporary partial disability benefits to an employee who has been discharged for cause. Provides that, following a hearing, the Illinois Workers' Compensation Commission may reinstate the temporary partial benefits and retroactively restore any benefits the employer should have paid if it finds the employer's discharge of the employee was not for cause. Makes technical changes. Effective immediately.


LRB098 14513 OMW 49261 b

 

 

A BILL FOR

 

SB2625LRB098 14513 OMW 49261 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 Section 8 as follows:
 
6    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
7    Sec. 8. The amount of compensation which shall be paid to
8the employee for an accidental injury not resulting in death
9is:
10    (a) The employer shall provide and pay the negotiated rate,
11if applicable, or the lesser of the health care provider's
12actual charges or according to a fee schedule, subject to
13Section 8.2, in effect at the time the service was rendered for
14all the necessary first aid, medical and surgical services, and
15all necessary medical, surgical and hospital services
16thereafter incurred, limited, however, to that which is
17reasonably required to cure or relieve from the effects of the
18accidental injury, even if a health care provider sells,
19transfers, or otherwise assigns an account receivable for
20procedures, treatments, or services covered under this Act. If
21the employer does not dispute payment of first aid, medical,
22surgical, and hospital services, the employer shall make such
23payment to the provider on behalf of the employee. The employer

 

 

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

 

 

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

 

 

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

 

 

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1as the case may be, or any other party to any proceeding for
2compensation before the Commission, or their attorneys.
3    Notwithstanding the foregoing, the employer's liability to
4pay for such medical services selected by the employee shall be
5limited to:
6        (1) all first aid and emergency treatment; plus
7        (2) all medical, surgical and hospital services
8    provided by the physician, surgeon or hospital initially
9    chosen by the employee or by any other physician,
10    consultant, expert, institution or other provider of
11    services recommended by said initial service provider or
12    any subsequent provider of medical services in the chain of
13    referrals from said initial service provider; plus
14         (3) all medical, surgical and hospital services
15    provided by any second physician, surgeon or hospital
16    subsequently chosen by the employee or by any other
17    physician, consultant, expert, institution or other
18    provider of services recommended by said second service
19    provider or any subsequent provider of medical services in
20    the chain of referrals from said second service provider.
21    Thereafter the employer shall select and pay for all
22    necessary medical, surgical and hospital treatment and the
23    employee may not select a provider of medical services at
24    the employer's expense unless the employer agrees to such
25    selection. At any time the employee may obtain any medical
26    treatment he or she desires at his or her own expense. This

 

 

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

 

 

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

 

 

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1    The furnishing of any such services or appliances or the
2servicing thereof by the employer is not the payment of
3compensation.
4    (b) If the period of temporary total incapacity for work
5lasts more than 3 working days, weekly compensation as
6hereinafter provided shall be paid beginning on the 4th day of
7such temporary total incapacity and continuing as long as the
8total temporary incapacity lasts. In cases where the temporary
9total incapacity for work continues for a period of 14 days or
10more from the day of the accident compensation shall commence
11on the day after the accident.
12        1. The compensation rate for temporary total
13    incapacity under this paragraph (b) of this Section shall
14    be equal to 66 2/3% of the employee's average weekly wage
15    computed in accordance with Section 10, provided that it
16    shall be not less than 66 2/3% of the sum of the Federal
17    minimum wage under the Fair Labor Standards Act, or the
18    Illinois minimum wage under the Minimum Wage Law, whichever
19    is more, multiplied by 40 hours. This percentage rate shall
20    be increased by 10% for each spouse and child, not to
21    exceed 100% of the total minimum wage calculation,
22    nor exceed the employee's average weekly wage computed in
23    accordance with the provisions of Section 10, whichever is
24    less. No employer shall be required to pay temporary
25    partial disability or maintenance benefits to an employee
26    who has been discharged for cause. Prior to suspension of

 

 

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1    temporary partial disability or maintenance benefits, the
2    employer shall provide notice to the employee who has been
3    discharged for cause. Following a hearing, the Commission
4    may reinstate the temporary partial benefits and
5    retroactively restore any benefits the employer should
6    have paid if it finds the employer's discharge of the
7    employee was not for cause. "Discharge for cause" means a
8    discharge resulting from the employee's voluntary
9    violation of a rule or policy of the employer not caused by
10    the employee's disability.
11        2. The compensation rate in all cases other than for
12    temporary total disability under this paragraph (b), and
13    other than for serious and permanent disfigurement under
14    paragraph (c) and other than for permanent partial
15    disability under subparagraph (2) of paragraph (d) or under
16    paragraph (e), of this Section shall be equal to 66 2/3% of
17    the employee's average weekly wage computed in accordance
18    with the provisions of Section 10, provided that it shall
19    be not less than 66 2/3% of the sum of the Federal minimum
20    wage under the Fair Labor Standards Act, or the Illinois
21    minimum wage under the Minimum Wage Law, whichever is more,
22    multiplied by 40 hours. This percentage rate shall be
23    increased by 10% for each spouse and child, not to exceed
24    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.
2        2.1. The compensation rate in all cases of serious and
3    permanent disfigurement under paragraph (c) and of
4    permanent partial disability under subparagraph (2) of
5    paragraph (d) or under paragraph (e) of this Section shall
6    be equal to 60% of the employee's average weekly wage
7    computed in accordance with the provisions of Section 10,
8    provided that it shall be not less than 66 2/3% of the sum
9    of the Federal minimum wage under the Fair Labor Standards
10    Act, or the Illinois minimum wage under the Minimum Wage
11    Law, whichever is more, multiplied by 40 hours. This
12    percentage rate shall be increased by 10% for each spouse
13    and child, not to exceed 100% of the total minimum wage
14    calculation,
15    nor exceed the employee's average weekly wage computed in
16    accordance with the provisions of Section 10, whichever is
17    less.
18        3. As used in this Section the term "child" means a
19    child of the employee including any child legally adopted
20    before the accident or whom at the time of the accident the
21    employee was under legal obligation to support or to whom
22    the employee stood in loco parentis, and who at the time of
23    the accident was under 18 years of age and not emancipated.
24    The term "children" means the plural of "child".
25        4. All weekly compensation rates provided under
26    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this

 

 

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

 

 

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

 

 

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

 

 

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1    Security. The amount when so posted and published shall be
2    conclusive and shall be applicable as the basis of
3    computation of compensation rates until the next posting
4    and publication as aforesaid.
5        7. The payment of compensation by an employer or his
6    insurance carrier to an injured employee shall not
7    constitute an admission of the employer's liability to pay
8    compensation.
9    (c) For any serious and permanent disfigurement to the
10hand, head, face, neck, arm, leg below the knee or the chest
11above the axillary line, the employee is entitled to
12compensation for such disfigurement, the amount determined by
13agreement at any time or by arbitration under this Act, at a
14hearing not less than 6 months after the date of the accidental
15injury, which amount shall not exceed 150 weeks (if the
16accidental injury occurs on or after the effective date of this
17amendatory Act of the 94th General Assembly but before February
181, 2006) or 162 weeks (if the accidental injury occurs on or
19after February 1, 2006) at the applicable rate provided in
20subparagraph 2.1 of paragraph (b) of this Section.
21    No compensation is payable under this paragraph where
22compensation is payable under paragraphs (d), (e) or (f) of
23this Section.
24    A duly appointed member of a fire department in a city, the
25population of which exceeds 500,000 according to the last
26federal or State census, is eligible for compensation under

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            38 weeks if the accidental injury occurs on or
2        after February 1, 2006.
3        7. Each toe other than great toe-
4            12 weeks if the accidental injury occurs on or
5        after the effective date of this amendatory Act of the
6        94th General Assembly but before February 1, 2006.
7            13 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        8. The loss of the first or distal phalanx of the thumb
10    or of any finger or toe shall be considered to be equal to
11    the loss of one-half of such thumb, finger or toe and the
12    compensation payable shall be one-half of the amount above
13    specified. The loss of more than one phalanx shall be
14    considered as the loss of the entire thumb, finger or toe.
15    In no case shall the amount received for more than one
16    finger exceed the amount provided in this schedule for the
17    loss of a hand.
18        9. Hand-
19            190 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            205 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24            190 weeks if the accidental injury occurs on or
25        after June 28, 2011 (the effective date of Public Act
26        97-18) and if the accidental injury involves carpal

 

 

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1        tunnel syndrome due to repetitive or cumulative
2        trauma, in which case the permanent partial disability
3        shall not exceed 15% loss of use of the hand, except
4        for cause shown by clear and convincing evidence and in
5        which case the award shall not exceed 30% loss of use
6        of the hand.
7        The loss of 2 or more digits, or one or more phalanges
8    of 2 or more digits, of a hand may be compensated on the
9    basis of partial loss of use of a hand, provided, further,
10    that the loss of 4 digits, or the loss of use of 4 digits,
11    in the same hand shall constitute the complete loss of a
12    hand.
13        10. Arm-
14            235 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            253 weeks if the accidental injury occurs on or
18        after February 1, 2006.
19        Where an accidental injury results in the amputation of
20    an arm below the elbow, such injury shall be compensated as
21    a loss of an arm. Where an accidental injury results in the
22    amputation of an arm above the elbow, compensation for an
23    additional 15 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 17 weeks (if the accidental injury occurs on or

 

 

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

 

 

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1    amputation of a leg above the knee, compensation for an
2    additional 25 weeks (if the accidental injury occurs on or
3    after the effective date of this amendatory Act of the 94th
4    General Assembly but before February 1, 2006) or an
5    additional 27 weeks (if the accidental injury occurs on or
6    after February 1, 2006) shall be paid, except where the
7    accidental injury results in the amputation of a leg at the
8    hip joint, or so close to the hip joint that an artificial
9    leg cannot be used, or results in the disarticulation of a
10    leg at the hip joint, in which case compensation for an
11    additional 75 weeks (if the accidental injury occurs on or
12    after the effective date of this amendatory Act of the 94th
13    General Assembly but before February 1, 2006) or an
14    additional 81 weeks (if the accidental injury occurs on or
15    after February 1, 2006) shall be paid.
16        13. Eye-
17            150 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            162 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        Where an accidental injury results in the enucleation
23    of an eye, compensation for an additional 10 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 11 weeks (if the

 

 

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1    accidental injury occurs on or after February 1, 2006)
2    shall be paid.
3        14. Loss of hearing of one ear-
4            50 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            54 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        Total and permanent loss of hearing of both ears-
10            200 weeks if the accidental injury occurs on or
11        after the effective date of this amendatory Act of the
12        94th General Assembly but before February 1, 2006.
13            215 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        15. Testicle-
16            50 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            54 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        Both testicles-
22            150 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            162 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

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

 

 

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1        shall constitute and be total or 100% compensable
2        hearing loss.
3            (c) In measuring hearing impairment, the lowest
4        measured losses in each of the 3 frequencies shall be
5        added together and divided by 3 to determine the
6        average decibel loss. For every decibel of loss
7        exceeding 30 decibels an allowance of 1.82% shall be
8        made up to the maximum of 100% which is reached at 85
9        decibels.
10            (d) If a hearing loss is established to have
11        existed on July 1, 1975 by audiometric testing the
12        employer shall not be liable for the previous loss so
13        established nor shall he be liable for any loss for
14        which compensation has been paid or awarded.
15            (e) No consideration shall be given to the question
16        of whether or not the ability of an employee to
17        understand speech is improved by the use of a hearing
18        aid.
19            (f) No claim for loss of hearing due to industrial
20        noise shall be brought against an employer or allowed
21        unless the employee has been exposed for a period of
22        time sufficient to cause permanent impairment to noise
23        levels in excess of the following:
24Sound Level DBA
25Slow ResponseHours Per Day
26908

 

 

SB2625- 26 -LRB098 14513 OMW 49261 b

1926
2954
3973
41002
51021-1/2
61051
71101/2
81151/4
9        This subparagraph (f) shall not be applied in cases of
10    hearing loss resulting from trauma or explosion.
11        17. In computing the compensation to be paid to any
12    employee who, before the accident for which he claims
13    compensation, had before that time sustained an injury
14    resulting in the loss by amputation or partial loss by
15    amputation of any member, including hand, arm, thumb or
16    fingers, leg, foot or any toes, such loss or partial loss
17    of any such member shall be deducted from any award made
18    for the subsequent injury. For the permanent loss of use or
19    the permanent partial loss of use of any such member or the
20    partial loss of sight of an eye, for which compensation has
21    been paid, then such loss shall be taken into consideration
22    and deducted from any award for the subsequent injury.
23        18. The specific case of loss of both hands, both arms,
24    or both feet, or both legs, or both eyes, or of any two
25    thereof, or the permanent and complete loss of the use
26    thereof, constitutes total and permanent disability, to be

 

 

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

 

 

SB2625- 28 -LRB098 14513 OMW 49261 b

1sum of $600,000 then the payments shall cease entirely.
2However, when the Second Injury Fund has been reduced to
3$400,000, payment of one-half of the amounts required by
4paragraph (f) of Section 7 shall be resumed, in the manner
5herein provided, and when the Second Injury Fund has been
6reduced to $300,000, payment of the full amounts required by
7paragraph (f) of Section 7 shall be resumed, in the manner
8herein provided. The Commission shall make the changes in
9payment effective by general order, and the changes in payment
10become immediately effective for all cases coming before the
11Commission thereafter either by settlement agreement or final
12order, irrespective of the date of the accidental injury.
13    On August 1, 1996 and on February 1 and August 1 of each
14subsequent year, the Commission shall examine the special fund
15designated as the "Rate Adjustment Fund" and when, after
16deducting all advances or loans made to said fund, the amount
17therein is $4,000,000, the amount required to be paid by
18employers pursuant to paragraph (f) of Section 7 shall be
19reduced by one-half. When the Rate Adjustment Fund reaches the
20sum of $5,000,000 the payment therein shall cease entirely.
21However, when said Rate Adjustment Fund has been reduced to
22$3,000,000 the amounts required by paragraph (f) of Section 7
23shall be resumed in the manner herein provided.
24    (f) In case of complete disability, which renders the
25employee wholly and permanently incapable of work, or in the
26specific case of total and permanent disability as provided in

 

 

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

 

 

SB2625- 30 -LRB098 14513 OMW 49261 b

1one arm, one foot, one leg, or one eye, incurs permanent and
2complete disability through the loss or the permanent and
3complete loss of the use of another member, he shall receive,
4in addition to the compensation payable by the employer and
5after such payments have ceased, an amount from the Second
6Injury Fund provided for in paragraph (f) of Section 7, which,
7together with the compensation payable from the employer in
8whose employ he was when the last accidental injury was
9incurred, will equal the amount payable for permanent and
10complete disability as provided in this paragraph of this
11Section.
12    The custodian of the Second Injury Fund provided for in
13paragraph (f) of Section 7 shall be joined with the employer as
14a party respondent in the application for adjustment of claim.
15The application for adjustment of claim shall state briefly and
16in general terms the approximate time and place and manner of
17the loss of the first member.
18    In its award the Commission or the Arbitrator shall
19specifically find the amount the injured employee shall be
20weekly paid, the number of weeks compensation which shall be
21paid by the employer, the date upon which payments begin out of
22the Second Injury Fund provided for in paragraph (f) of Section
237 of this Act, the length of time the weekly payments continue,
24the date upon which the pension payments commence and the
25monthly amount of the payments. The Commission shall 30 days
26after the date upon which payments out of the Second Injury

 

 

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

 

 

SB2625- 32 -LRB098 14513 OMW 49261 b

1the compensation rate therein provided. Such adjustments shall
2first be made on July 15, 1977, and all awards made and entered
3prior to July 1, 1975 and on July 15 of each year thereafter.
4In all other cases such adjustment shall be made on July 15 of
5the second year next following the date of the entry of the
6award and shall further be made on July 15 annually thereafter.
7If during the intervening period from the date of the entry of
8the award, or the last periodic adjustment, there shall have
9been an increase in the State's average weekly wage in covered
10industries under the Unemployment Insurance Act, the weekly
11compensation rate shall be proportionately increased by the
12same percentage as the percentage of increase in the State's
13average weekly wage in covered industries under the
14Unemployment Insurance Act. The increase in the compensation
15rate under this paragraph shall in no event bring the total
16compensation rate to an amount greater than the prevailing
17maximum rate at the time that the annual adjustment is made.
18Such increase shall be paid in the same manner as herein
19provided for payments under the Second Injury Fund to the
20injured employee, or his dependents, as the case may be, out of
21the Rate Adjustment Fund provided in paragraph (f) of Section 7
22of this Act. Payments shall be made at the same intervals as
23provided in the award or, at the option of the Commission, may
24be made in quarterly payment on the 15th day of January, April,
25July and October of each year. In the event of a decrease in
26such average weekly wage there shall be no change in the then

 

 

SB2625- 33 -LRB098 14513 OMW 49261 b

1existing compensation rate. The within paragraph shall not
2apply to cases where there is disputed liability and in which a
3compromise lump sum settlement between the employer and the
4injured employee, or his dependents, as the case may be, has
5been duly approved by the Illinois Workers' Compensation
6Commission.
7    Provided, that in cases of awards entered by the Commission
8for injuries occurring before July 1, 1975, the increases in
9the compensation rate adjusted under the foregoing provision of
10this paragraph (g) shall be limited to increases in the State's
11average weekly wage in covered industries under the
12Unemployment Insurance Act occurring after July 1, 1975.
13    For every accident occurring on or after July 20, 2005 but
14before the effective date of this amendatory Act of the 94th
15General Assembly (Senate Bill 1283 of the 94th General
16Assembly), the annual adjustments to the compensation rate in
17awards for death benefits or permanent total disability, as
18provided in this Act, shall be paid by the employer. The
19adjustment shall be made by the employer on July 15 of the
20second year next following the date of the entry of the award
21and shall further be made on July 15 annually thereafter. If
22during the intervening period from the date of the entry of the
23award, or the last periodic adjustment, there shall have been
24an increase in the State's average weekly wage in covered
25industries under the Unemployment Insurance Act, the employer
26shall increase the weekly compensation rate proportionately by

 

 

SB2625- 34 -LRB098 14513 OMW 49261 b

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

 

 

SB2625- 35 -LRB098 14513 OMW 49261 b

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

 

 

SB2625- 36 -LRB098 14513 OMW 49261 b

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

 

 

SB2625- 37 -LRB098 14513 OMW 49261 b

1payments made or to be made by the State of Illinois to or on
2behalf of such employee under this Act, except for payments for
3medical expenses which have already been incurred at the time
4of the award. The State of Illinois shall directly reimburse
5the State Employees' Retirement System to the extent of such
6credit.
7    2. Nothing contained in this Act shall be construed to give
8the employer or the insurance carrier the right to credit for
9any benefits or payments received by the employee other than
10compensation payments provided by this Act, and where the
11employee receives payments other than compensation payments,
12whether as full or partial salary, group insurance benefits,
13bonuses, annuities or any other payments, the employer or
14insurance carrier shall receive credit for each such payment
15only to the extent of the compensation that would have been
16payable during the period covered by such payment.
17    3. The extension of time for the filing of an Application
18for Adjustment of Claim as provided in paragraph 1 above shall
19not apply to those cases where the time for such filing had
20expired prior to the date on which payments or benefits
21enumerated herein have been initiated or resumed. Provided
22however that this paragraph 3 shall apply only to cases wherein
23the payments or benefits hereinabove enumerated shall be
24received after July 1, 1969.
25(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
26eff. 7-13-12.)
 

 

 

SB2625- 38 -LRB098 14513 OMW 49261 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.