HB2584 101ST GENERAL ASSEMBLY

LRB101 08369 JLS 53438 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2584

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:

820 ILCS 305/8.1b

Amends the Workers' Compensation Act in relation to permanent partial disability. Provides that if an impairment report exists, it must be considered by the Illinois Workers' Compensation Commission in its determination of the level of permanent partial disability. Provides that in determining the level of permanent partial disability, the Commission shall base its determination on the level of impairment reported and shall consider specified factors. Provides that the relevance and weight of factors used in addition to the level of impairment as reported by a physician must be explained in a written order. Provides that an impairment report is not required for the arbitrator or Commission to approve a Settlement Contract Lump Sum Petition.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Workers' Compensation Act is amended by changing Section 8.1b as follows:

(820 ILCS 305/8.1b)

Sec. 8.1b. Determination of permanent partial disability. For accidental injuries that occur on or after September 1, 2011, permanent partial disability shall be established using the following criteria:

(a) A physician licensed to practice medicine in all of its branches preparing a permanent partial disability impairment report shall report the level of impairment in writing. The report shall include an evaluation of medically defined and professionally appropriate measurements of impairment that include, but are not limited to: loss of range of motion; loss of strength; measured atrophy of tissue mass consistent with the injury; and any other measurements that establish the nature and extent of the impairment. The most current edition of the American Medical Association's "Guides to the Evaluation of Permanent Impairment" shall be used by the physician in determining the level of impairment.

(b) If an impairment report pursuant to subsection (a) exists, it must be considered by the Commission in its determination of the level of permanent partial disability. In determining the level of permanent partial disability, the Commission shall base its determination on the level of impairment reported pursuant to subsection (a). In addition to any impairment report submitted, the Commission shall, by a preponderance of credible evidence, consider the following additional factors to determine disability:

(i) the occupation of the injured employee;

(ii) the age of the employee at the time of the injury;

(iii) the employee's future earning capacity; and

(iv) evidence of disability at maximum medical improvement corroborated by findings in the treating medical records.

In determining the level of permanent partial disability, the Commission shall base its determination on the report of impairment, after considering by a preponderance of credible evidence, the additional factors to determine disability. No single enumerated factor shall be the sole determinant of disability. In determining the level of disability, the relevance and weight of any factors used in addition to the level of impairment as reported by the physician must be explained in a written order.

(c) A report of impairment prepared pursuant to subsection (a) is not required for the arbitrator or Commission to approve a Settlement Contract Lump Sum Petition. In determining the level of permanent partial disability, the Commission shall base its determination on the following factors: (i) the reported level of impairment pursuant to subsection (a); (ii) the occupation of the injured employee; (iii) the age of the employee at the time of the injury; (iv) the employee's future earning capacity; and (v) evidence of disability corroborated by the treating medical records. No single enumerated factor shall be the sole determinant of disability. In determining the level of disability, the relevance and weight of any factors used in addition to the level of impairment as reported by the physician must be explained in a written order.

(Source: P.A. 97-18, eff. 6-28-11.)

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