Illinois General Assembly - Full Text of HB3554
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Full Text of HB3554  102nd General Assembly

HB3554 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3554

 

Introduced 2/22/2021, by Rep. Dan Ugaste

 

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

    Amends the Workers' Compensation Act. Provides that, in computing the compensation to be paid to an employee who, before the accident for which the employee claims compensation, had before that time sustained an injury resulting in a permanency award or settlement, the award or settlement shall be deducted from any award made for the subsequent injury. Provides that, if an employee received an award or settlement for a shoulder injury between 2012 and the effective date of the amendatory Act, then the award or settlement shall be converted to the appropriate number of weeks for an arm and the credit taken against any award or settlement shall be taken on the arm. Effective immediately.


LRB102 10878 JLS 16208 b

 

 

A BILL FOR

 

HB3554LRB102 10878 JLS 16208 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
11rate, if applicable, or the lesser of the health care
12provider's actual charges or according to a fee schedule,
13subject to Section 8.2, in effect at the time the service was
14rendered for all the necessary first aid, medical and surgical
15services, and all necessary medical, surgical and hospital
16services thereafter incurred, limited, however, to that which
17is reasonably required to cure or relieve from the effects of
18the accidental 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

 

 

HB3554- 2 -LRB102 10878 JLS 16208 b

1employer shall also pay for treatment, instruction and
2training necessary 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

 

 

HB3554- 3 -LRB102 10878 JLS 16208 b

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.
22In addition, 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    Every hospital, physician, surgeon or other person
11rendering treatment or services in accordance with the
12provisions of this Section shall upon written request furnish
13full and complete reports thereof to, and permit their records
14to be copied by, the employer, the employee or his dependents,
15as the case may be, or any other party to any proceeding for
16compensation before the Commission, or their attorneys.
17    Notwithstanding the foregoing, the employer's liability to
18pay for such medical services selected by the employee shall
19be limited to:
20        (1) all first aid and emergency treatment; plus
21        (2) all medical, surgical and hospital services
22    provided by the physician, surgeon or hospital initially
23    chosen by the employee or by any other physician,
24    consultant, expert, institution or other provider of
25    services recommended by said initial service provider or
26    any subsequent provider of medical services in the chain

 

 

HB3554- 5 -LRB102 10878 JLS 16208 b

1    of referrals from said initial service provider; plus
2        (3) all medical, surgical and hospital services
3    provided by any second physician, surgeon or hospital
4    subsequently chosen by the employee or by any other
5    physician, consultant, expert, institution or other
6    provider of services recommended by said second service
7    provider or any subsequent provider of medical services in
8    the chain of referrals from said second service provider.
9    Thereafter the employer shall select and pay for all
10    necessary medical, surgical and hospital treatment and the
11    employee may not select a provider of medical services at
12    the employer's expense unless the employer agrees to such
13    selection. At any time the employee may obtain any medical
14    treatment he desires at his own expense. This paragraph
15    shall not affect the duty to pay for rehabilitation
16    referred to above.
17        (4) The following shall apply for injuries occurring
18    on or after June 28, 2011 (the effective date of Public Act
19    97-18) and only when an employer has an approved preferred
20    provider program pursuant to Section 8.1a on the date the
21    employee sustained his or her accidental injuries:
22            (A) The employer shall, in writing, on a form
23        promulgated by the Commission, inform the employee of
24        the preferred provider program;
25            (B) Subsequent to the report of an injury by an
26        employee, the employee may choose in writing at any

 

 

HB3554- 6 -LRB102 10878 JLS 16208 b

1        time to decline the preferred provider program, in
2        which case that would constitute one of the two
3        choices of medical providers to which the employee is
4        entitled under subsection (a)(2) or (a)(3); and
5            (C) Prior to the report of an injury by an
6        employee, when an employee chooses non-emergency
7        treatment from a provider not within the preferred
8        provider program, that would constitute the employee's
9        one choice of medical providers to which the employee
10        is entitled under subsection (a)(2) or (a)(3).
11    When an employer and employee so agree in writing, nothing
12in this Act prevents an employee whose injury or disability
13has been established under this Act, from relying in good
14faith, on treatment by prayer or spiritual means alone, in
15accordance with the tenets and practice of a recognized church
16or religious denomination, by a duly accredited practitioner
17thereof, and having nursing services appropriate therewith,
18without suffering loss or diminution of the compensation
19benefits under this Act. However, the employee shall submit to
20all physical examinations required by this Act. The cost of
21such treatment and nursing care shall be paid by the employee
22unless the employer agrees to make such payment.
23    Where the accidental injury results in the amputation of
24an arm, hand, leg or foot, or the enucleation of an eye, or the
25loss of any of the natural teeth, the employer shall furnish an
26artificial of any such members lost or damaged in accidental

 

 

HB3554- 7 -LRB102 10878 JLS 16208 b

1injury arising out of and in the course of employment, and
2shall also furnish the necessary braces in all proper and
3necessary cases. In cases of the loss of a member or members by
4amputation, the employer shall, whenever necessary, maintain
5in good repair, refit or replace the artificial limbs during
6the lifetime of the employee. Where the accidental injury
7accompanied by physical injury results in damage to a denture,
8eye glasses or contact eye lenses, or where the accidental
9injury results in damage to an artificial member, the employer
10shall replace or repair such denture, glasses, lenses, or
11artificial member.
12    The furnishing by the employer of any such services or
13appliances is not an admission of liability on the part of the
14employer to pay compensation.
15    The furnishing of any such services or appliances or the
16servicing thereof by the employer is not the payment of
17compensation.
18    (b) If the period of temporary total incapacity for work
19lasts more than 3 working days, weekly compensation as
20hereinafter provided shall be paid beginning on the 4th day of
21such temporary total incapacity and continuing as long as the
22total temporary incapacity lasts. In cases where the temporary
23total incapacity for work continues for a period of 14 days or
24more from the day of the accident compensation shall commence
25on the day after the accident.
26        1. The compensation rate for temporary total

 

 

HB3554- 8 -LRB102 10878 JLS 16208 b

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

 

 

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

 

 

HB3554- 10 -LRB102 10878 JLS 16208 b

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

 

 

HB3554- 11 -LRB102 10878 JLS 16208 b

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

 

 

HB3554- 12 -LRB102 10878 JLS 16208 b

1        4.1. Any provision herein to the contrary
2    notwithstanding, the weekly compensation rate for
3    compensation payments under subparagraph 18 of paragraph
4    (e) of this Section and under paragraph (f) of this
5    Section and under paragraph (a) of Section 7 and for
6    amputation of a member or enucleation of an eye under
7    paragraph (e) of this Section, shall in no event be less
8    than 50% of the State's average weekly wage in covered
9    industries under the Unemployment Insurance Act.
10        4.2. Any provision to the contrary notwithstanding,
11    the total compensation payable under Section 7 shall not
12    exceed the greater of $500,000 or 25 years.
13        5. For the purpose of this Section this State's
14    average weekly wage in covered industries under the
15    Unemployment Insurance Act on July 1, 1975 is hereby fixed
16    at $228.16 per week and the computation of compensation
17    rates shall be based on the aforesaid average weekly wage
18    until modified as hereinafter provided.
19        6. The Department of Employment Security of the State
20    shall on or before the first day of December, 1977, and on
21    or before the first day of June, 1978, and on the first day
22    of each December and June of each year thereafter, publish
23    the State's average weekly wage in covered industries
24    under the Unemployment Insurance Act and the Illinois
25    Workers' Compensation Commission shall on the 15th day of
26    January, 1978 and on the 15th day of July, 1978 and on the

 

 

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1    15th day of each January and July of each year thereafter,
2    post and publish the State's average weekly wage in
3    covered industries under the Unemployment Insurance Act as
4    last determined and published by the Department of
5    Employment Security. The amount when so posted and
6    published shall be conclusive and shall be applicable as
7    the basis of computation of compensation rates until the
8    next posting and publication as aforesaid.
9        7. The payment of compensation by an employer or his
10    insurance carrier to an injured employee shall not
11    constitute an admission of the employer's liability to pay
12    compensation.
13    (c) For any serious and permanent disfigurement to the
14hand, head, face, neck, arm, leg below the knee or the chest
15above the axillary line, the employee is entitled to
16compensation for such disfigurement, the amount determined by
17agreement at any time or by arbitration under this Act, at a
18hearing not less than 6 months after the date of the accidental
19injury, which amount shall not exceed 150 weeks (if the
20accidental injury occurs on or after the effective date of
21this amendatory Act of the 94th General Assembly but before
22February 1, 2006) or 162 weeks (if the accidental injury
23occurs on or after February 1, 2006) at the applicable rate
24provided in subparagraph 2.1 of paragraph (b) of this Section.
25    No compensation is payable under this paragraph where
26compensation is payable under paragraphs (d), (e) or (f) of

 

 

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

 

 

HB3554- 15 -LRB102 10878 JLS 16208 b

1and (e) of this Section or having sustained injuries covered
2by the aforesaid paragraphs (c) and (e), he shall have
3sustained in addition thereto other injuries which injuries do
4not incapacitate him from pursuing the duties of his
5employment but which would disable him from pursuing other
6suitable occupations, or which have otherwise resulted in
7physical impairment; or if such injuries partially
8incapacitate him from pursuing the duties of his usual and
9customary line of employment but do not result in an
10impairment of earning capacity, or having resulted in an
11impairment of earning capacity, the employee elects to waive
12his right to recover under the foregoing subparagraph 1 of
13paragraph (d) of this Section then in any of the foregoing
14events, he shall receive in addition to compensation for
15temporary total disability under paragraph (b) of this
16Section, compensation at the rate provided in subparagraph 2.1
17of paragraph (b) of this Section for that percentage of 500
18weeks that the partial disability resulting from the injuries
19covered by this paragraph bears to total disability. If the
20employee shall have sustained a fracture of one or more
21vertebra or fracture of the skull, the amount of compensation
22allowed under this Section shall be not less than 6 weeks for a
23fractured skull and 6 weeks for each fractured vertebra, and
24in the event the employee shall have sustained a fracture of
25any of the following facial bones: nasal, lachrymal, vomer,
26zygoma, maxilla, palatine or mandible, the amount of

 

 

HB3554- 16 -LRB102 10878 JLS 16208 b

1compensation allowed under this Section shall be not less than
22 weeks for each such fractured bone, and for a fracture of
3each transverse process not less than 3 weeks. In the event
4such injuries shall result in the loss of a kidney, spleen or
5lung, the amount of compensation allowed under this Section
6shall be not less than 10 weeks for each such organ.
7Compensation awarded under this subparagraph 2 shall not take
8into consideration injuries covered under paragraphs (c) and
9(e) of this Section and the compensation provided in this
10paragraph shall not affect the employee's right to
11compensation payable under paragraphs (b), (c) and (e) of this
12Section for the disabilities therein covered.
13    In computing the compensation to be paid to any employee
14who, before the accident for which he claims compensation, had
15before that time sustained an injury resulting in an award or
16settlement for permanency given under subparagraph 2 of this
17paragraph, such award shall be deducted from any award made
18for the subsequent injury resulting in an award or settlement
19for permanency given under this subparagraph 2 of this
20paragraph.
21    (e) For accidental injuries in the following schedule, the
22employee shall receive compensation for the period of
23temporary total incapacity for work resulting from such
24accidental injury, under subparagraph 1 of paragraph (b) of
25this Section, and shall receive in addition thereto
26compensation for a further period for the specific loss herein

 

 

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1mentioned, but shall not receive any compensation under any
2other provisions of this Act. The following listed amounts
3apply to either the loss of or the permanent and complete loss
4of use of the member specified, such compensation for the
5length of time as follows:
6        1. Thumb-
7            70 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            76 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        2. First, or index finger-
13            40 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            43 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        3. Second, or middle finger-
19            35 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            38 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        4. Third, or ring finger-
25            25 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

HB3554- 18 -LRB102 10878 JLS 16208 b

1        94th General Assembly but before February 1, 2006.
2            27 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        5. Fourth, or little finger-
5            20 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            22 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        6. Great toe-
11            35 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            38 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        7. Each toe other than great toe-
17            12 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            13 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        8. The loss of the first or distal phalanx of the thumb
23    or of any finger or toe shall be considered to be equal to
24    the loss of one-half of such thumb, finger or toe and the
25    compensation payable shall be one-half of the amount above
26    specified. The loss of more than one phalanx shall be

 

 

HB3554- 19 -LRB102 10878 JLS 16208 b

1    considered as the loss of the entire thumb, finger or toe.
2    In no case shall the amount received for more than one
3    finger exceed the amount provided in this schedule for the
4    loss of a hand.
5        9. Hand-
6            190 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            205 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11            190 weeks if the accidental injury occurs on or
12        after June 28, 2011 (the effective date of Public Act
13        97-18) and if the accidental injury involves carpal
14        tunnel syndrome due to repetitive or cumulative
15        trauma, in which case the permanent partial disability
16        shall not exceed 15% loss of use of the hand, except
17        for cause shown by clear and convincing evidence and
18        in which case the award shall not exceed 30% loss of
19        use of the hand.
20        The loss of 2 or more digits, or one or more phalanges
21    of 2 or more digits, of a hand may be compensated on the
22    basis of partial loss of use of a hand, provided, further,
23    that the loss of 4 digits, or the loss of use of 4 digits,
24    in the same hand shall constitute the complete loss of a
25    hand.
26        10. Arm-

 

 

HB3554- 20 -LRB102 10878 JLS 16208 b

1            235 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            253 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6        Where an accidental injury results in the amputation
7    of an arm below the elbow, such injury shall be
8    compensated as a loss of an arm. Where an accidental
9    injury results in the amputation of an arm above the
10    elbow, compensation for an additional 15 weeks (if the
11    accidental injury occurs on or after the effective date of
12    this amendatory Act of the 94th General Assembly but
13    before February 1, 2006) or an additional 17 weeks (if the
14    accidental injury occurs on or after February 1, 2006)
15    shall be paid, except where the accidental injury results
16    in the amputation of an arm at the shoulder joint, or so
17    close to shoulder joint that an artificial arm cannot be
18    used, or results in the disarticulation of an arm at the
19    shoulder joint, in which case compensation for an
20    additional 65 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) or an
23    additional 70 weeks (if the accidental injury occurs on or
24    after February 1, 2006) shall be paid.
25        11. Foot-
26            155 weeks if the accidental injury occurs on or

 

 

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

 

 

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1    February 1, 2006) or an additional 81 weeks (if the
2    accidental injury occurs on or after February 1, 2006)
3    shall be paid.
4        13. Eye-
5            150 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            162 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        Where an accidental injury results in the enucleation
11    of an eye, compensation for an additional 10 weeks (if the
12    accidental injury occurs on or after the effective date of
13    this amendatory Act of the 94th General Assembly but
14    before February 1, 2006) or an additional 11 weeks (if the
15    accidental injury occurs on or after February 1, 2006)
16    shall be paid.
17        14. Loss of hearing of one ear-
18            50 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            54 weeks if the accidental injury occurs on or
22        after February 1, 2006.
23        Total and permanent loss of hearing of both ears-
24            200 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            215 weeks if the accidental injury occurs on or
2        after February 1, 2006.
3        15. Testicle-
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        Both testicles-
10            150 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            162 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        16. For the permanent partial loss of use of a member
16    or sight of an eye, or hearing of an ear, compensation
17    during that proportion of the number of weeks in the
18    foregoing schedule provided for the loss of such member or
19    sight of an eye, or hearing of an ear, which the partial
20    loss of use thereof bears to the total loss of use of such
21    member, or sight of eye, or hearing of an ear.
22            (a) Loss of hearing for compensation purposes
23        shall be confined to the frequencies of 1,000, 2,000
24        and 3,000 cycles per second. Loss of hearing ability
25        for frequency tones above 3,000 cycles per second are
26        not to be considered as constituting disability for

 

 

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1        hearing.
2            (b) The percent of hearing loss, for purposes of
3        the determination of compensation claims for
4        occupational deafness, shall be calculated as the
5        average in decibels for the thresholds of hearing for
6        the frequencies of 1,000, 2,000 and 3,000 cycles per
7        second. Pure tone air conduction audiometric
8        instruments, approved by nationally recognized
9        authorities in this field, shall be used for measuring
10        hearing loss. If the losses of hearing average 30
11        decibels or less in the 3 frequencies, such losses of
12        hearing shall not then constitute any compensable
13        hearing disability. If the losses of hearing average
14        85 decibels or more in the 3 frequencies, then the same
15        shall constitute and be total or 100% compensable
16        hearing loss.
17            (c) In measuring hearing impairment, the lowest
18        measured losses in each of the 3 frequencies shall be
19        added together and divided by 3 to determine the
20        average decibel loss. For every decibel of loss
21        exceeding 30 decibels an allowance of 1.82% shall be
22        made up to the maximum of 100% which is reached at 85
23        decibels.
24            (d) If a hearing loss is established to have
25        existed on July 1, 1975 by audiometric testing the
26        employer shall not be liable for the previous loss so

 

 

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1        established nor shall he be liable for any loss for
2        which compensation has been paid or awarded.
3            (e) No consideration shall be given to the
4        question of whether or not the ability of an employee
5        to understand speech is improved by the use of a
6        hearing aid.
7            (f) No claim for loss of hearing due to industrial
8        noise shall be brought against an employer or allowed
9        unless the employee has been exposed for a period of
10        time sufficient to cause permanent impairment to noise
11        levels in excess of the following:
12Sound Level DBA
13Slow ResponseHours Per Day
14908
15926
16954
17973
181002
191021-1/2
201051
211101/2
221151/4
23        This subparagraph (f) shall not be applied in cases of
24    hearing loss resulting from trauma or explosion.
25        17. In computing the compensation to be paid to any
26    employee who, before the accident for which he claims

 

 

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1    compensation, had before that time sustained an injury
2    resulting in any permanency award or settlement,
3    including, without limitation, the loss by amputation or
4    partial loss by amputation of any member, including hand,
5    arm, thumb or fingers, leg, foot or any toes, the partial
6    loss of sight of an eye, or a permanency award or
7    settlement given under subparagraph 2 of paragraph (d),
8    such award or settlement loss or partial loss of any such
9    member shall be deducted from any award made for the
10    subsequent injury. If an employee received an award or
11    settlement under subparagraph 2 of paragraph (d) for a
12    shoulder injury between 2012 and the effective date of
13    this amendatory Act of the 102nd General Assembly, then
14    the award or settlement shall be converted to the
15    appropriate number of weeks for an arm and the credit
16    taken against any award or settlement shall be taken on
17    the arm. For the permanent loss of use or the permanent
18    partial loss of use of any such member or the partial loss
19    of sight of an eye, for which compensation has been paid,
20    then such loss shall be taken into consideration and
21    deducted from any award for the subsequent injury.
22        18. The specific case of loss of both hands, both
23    arms, or both feet, or both legs, or both eyes, or of any
24    two 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

 

 

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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
10    for the loss or permanent and complete loss of the use of
11    the member occasioned by the last independent accident.
12        19. In a case of specific loss and the subsequent
13    death of such injured employee from other causes than such
14    injury leaving a widow, widower, or dependents surviving
15    before payment or payment in full for such injury, then
16    the amount due for such injury is payable to the widow or
17    widower and, if there be no widow or widower, then to such
18    dependents, in the proportion which such dependency bears
19    to total dependency.
20    Beginning July 1, 1980, and every 6 months thereafter, the
21Commission shall examine the Second Injury Fund and when,
22after deducting all advances or loans made to such Fund, the
23amount therein is $500,000 then the amount required to be paid
24by employers 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.

 

 

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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

 

 

HB3554- 29 -LRB102 10878 JLS 16208 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
13much as before the accident, such award shall be modified so as
14to conform 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
20the original 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

 

 

HB3554- 30 -LRB102 10878 JLS 16208 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
15and in general terms the approximate time and place and manner
16of the 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
22Section 7 of this Act, the length of time the weekly payments
23continue, the date upon which the pension payments commence
24and the monthly amount of the payments. The Commission shall
2530 days after the date upon which payments out of the Second
26Injury Fund have begun as provided in the award, and every

 

 

HB3554- 31 -LRB102 10878 JLS 16208 b

1month thereafter, prepare and submit to the State Comptroller
2a voucher for payment for all compensation accrued to that
3date at the rate fixed by the Commission. The State
4Comptroller shall draw a warrant to the injured employee along
5with a receipt to be executed by the injured employee and
6returned to the Commission. The endorsed warrant and receipt
7is a full and complete acquittance to the Commission for the
8payment out of the Second Injury Fund. No other appropriation
9or warrant is necessary for payment out of the Second Injury
10Fund. The Second Injury Fund is appropriated for the purpose
11of making payments according 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
16to pay such claims and obligations. In that case, all
17references to "Second Injury Fund" in this Section shall also
18include the Rate 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

 

 

HB3554- 32 -LRB102 10878 JLS 16208 b

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

 

 

HB3554- 33 -LRB102 10878 JLS 16208 b

1shall not apply to cases where there is disputed liability and
2in which a compromise lump sum settlement between the employer
3and the injured employee, or his dependents, as the case may
4be, has been duly approved by the Illinois Workers'
5Compensation Commission.
6    Provided, that in cases of awards entered by the
7Commission for injuries occurring before July 1, 1975, the
8increases in the compensation rate adjusted under the
9foregoing provision of this paragraph (g) shall be limited to
10increases in the State's average weekly wage in covered
11industries under the Unemployment Insurance Act occurring
12after 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

 

 

HB3554- 34 -LRB102 10878 JLS 16208 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
17or permanent 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
25has been paid, then in case the employee leaves any widow,
26widower, child, parent (or any grandchild, grandparent or

 

 

HB3554- 35 -LRB102 10878 JLS 16208 b

1other lineal heir or any collateral heir dependent at the time
2of the accident upon the earnings of the employee to the extent
3of 50% or more of total dependency) such compensation shall be
4paid to the beneficiaries of the deceased employee and
5distributed as provided in paragraph (g) of Section 7.
6    (h-1) In case an injured employee is under legal
7disability at the time when any right or privilege accrues to
8him or her under this Act, a guardian may be appointed pursuant
9to law, and may, on behalf of such person under legal
10disability, claim and exercise any such right or privilege
11with the same effect as if the employee himself or herself had
12claimed or exercised the right or privilege. No limitations of
13time provided by this Act run so long as the employee who is
14under legal disability is 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
22Act, as amended, or a birth certificate properly and duly
23issued, such certificate, permit or birth certificate is
24conclusive evidence as to the age of the injured minor
25employee for the purposes of this Section.
26    Nothing herein contained repeals or amends the provisions

 

 

HB3554- 36 -LRB102 10878 JLS 16208 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
4benefits, including medical, surgical or hospital benefits
5under any group plan covering non-occupational disabilities
6contributed to wholly or partially by the employer, which
7benefits should not have been payable if any rights of
8recovery existed under this Act, then such amounts so paid to
9the employee from any such group plan as shall be consistent
10with, and limited to, the provisions of paragraph 2 hereof,
11shall be credited to or against any compensation payment for
12temporary total incapacity for work or any medical, surgical
13or hospital benefits made or to be made under this Act. In such
14event, the period of time for giving notice of accidental
15injury and filing application for adjustment of claim does not
16commence to run until the termination of such payments. This
17paragraph does not apply to payments made under any group plan
18which would have been payable irrespective of an accidental
19injury under this Act. Any employer receiving such credit
20shall keep such employee safe and harmless from any and all
21claims or liabilities that may be made against him by reason of
22having received such payments only to the extent of such
23credit.
24    Any excess benefits paid to or on behalf of a State
25employee by the State Employees' Retirement System under
26Article 14 of the Illinois Pension Code on a death claim or

 

 

HB3554- 37 -LRB102 10878 JLS 16208 b

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

 

 

HB3554- 38 -LRB102 10878 JLS 16208 b

197-813, eff. 7-13-12.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.