Illinois General Assembly - Full Text of HB3390
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Full Text of HB3390  98th General Assembly

HB3390enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB3390 EnrolledLRB098 07552 HEP 37623 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Sections 9, 14, 15a, 19, 19a, and 20 as follows:
 
6    (820 ILCS 305/9)  (from Ch. 48, par. 138.9)
7    Sec. 9. Any employer or employee or beneficiary who shall
8desire to have such compensation, or any unpaid part thereof,
9paid in a lump sum, may petition the Commission, asking that
10such compensation be so paid. If, upon proper notice to the
11interested parties and a proper showing made before such
12Commission or any member thereof, it appears to the best
13interest of the parties that such compensation be so paid, the
14Commission may order the commutation of the compensation to an
15equivalent lump sum, which commutation shall be an amount which
16will equal the total sum of the probable future payments
17capitalized at their present value upon the basis of interest
18calculated at the maximum rate of interest payable by member
19banks of the Federal Reserve System on passbook savings
20deposits as published in Regulation Q or its successor or, if
21Regulation Q or its successor is repealed, then the rate in
22effect on the date of repeal. Prior to approval of any pro se
23Settlement Contract Lump Sum Petition, the Commission or an

 

 

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1Arbitrator thereof shall determine if the unrepresented
2employee, if present, is able to read and communicate in
3English. If not, it shall be the responsibility of the
4Commission to provide a qualified, independent interpreter at
5the time such Petition is heard, unless the employee has
6provided his or her own interpreter.
7    In cases indicating complete disability no petition for a
8commutation to a lump sum basis shall be entertained by the
9Commission until after the expiration of 6 months from the date
10of the injury.
11    Where necessary, upon proper application being made, a
12guardian or administrator, as the case may be, may be appointed
13for any person under disability who may be entitled to any such
14compensation and an employer bound by the terms of this Act and
15liable to pay such compensation, may petition for the
16appointment of the public administrator, or guardian, where no
17legal representative has been appointed or is acting for such
18party or parties so under disability.
19    The payment of compensation in a lump sum to the employee
20in his or her lifetime upon order of the Commission, shall
21extinguish and bar all claims for compensation for death if the
22compensation paid in a lump sum represents a compromise of a
23dispute on any question other than the extent of disability.
24    Subject to the provisions herein above in this paragraph
25contained, where no dispute exists as to the fact that the
26accident arose out of and in the course of the employment and

 

 

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1where such accident results in death or in the amputation of
2any member or in the enucleation of an eye, then and in such
3case the arbitrator or Commission may, upon the petition of
4either the employer or the employee, enter an award providing
5for the payment of compensation for such death or injury in
6accordance with the provisions of Section 7 or paragraph (e) of
7Section 8 of this Act.
8(Source: P.A. 83-1362.)
 
9    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
10    Sec. 14. The Commission shall appoint a secretary, an
11assistant secretary, and arbitrators and shall employ such
12assistants and clerical help as may be necessary. Arbitrators
13shall be appointed pursuant to this Section, notwithstanding
14any provision of the Personnel Code.
15    Each arbitrator appointed after June 28, 2011 after
16November 22, 1977 shall be required to demonstrate in writing
17and in accordance with the rules and regulations of the
18Illinois Department of Central Management Services his or her
19knowledge of and expertise in the law of and judicial processes
20of the Workers' Compensation Act and the Occupational Diseases
21Act.
22    A formal training program for newly-hired arbitrators
23shall be implemented. The training program shall include the
24following:
25        (a) substantive and procedural aspects of the

 

 

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1    arbitrator position;
2        (b) current issues in workers' compensation law and
3    practice;
4        (c) medical lectures by specialists in areas such as
5    orthopedics, ophthalmology, psychiatry, rehabilitation
6    counseling;
7        (d) orientation to each operational unit of the
8    Illinois Workers' Compensation Commission;
9        (e) observation of experienced arbitrators conducting
10    hearings of cases, combined with the opportunity to discuss
11    evidence presented and rulings made;
12        (f) the use of hypothetical cases requiring the trainee
13    to issue judgments as a means to evaluating knowledge and
14    writing ability;
15        (g) writing skills;
16        (h) professional and ethical standards pursuant to
17    Section 1.1 of this Act;
18        (i) detection of workers' compensation fraud and
19    reporting obligations of Commission employees and
20    appointees;
21        (j) standards of evidence-based medical treatment and
22    best practices for measuring and improving quality and
23    health care outcomes in the workers' compensation system,
24    including but not limited to the use of the American
25    Medical Association's "Guides to the Evaluation of
26    Permanent Impairment" and the practice of utilization

 

 

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1    review; and
2        (k) substantive and procedural aspects of coal
3    workers' pneumoconiosis (black lung) cases.
4    A formal and ongoing professional development program
5including, but not limited to, the above-noted areas shall be
6implemented to keep arbitrators informed of recent
7developments and issues and to assist them in maintaining and
8enhancing their professional competence. Each arbitrator shall
9complete 20 hours of training in the above-noted areas during
10every 2 years such arbitrator shall remain in office.
11    Each arbitrator shall devote full time to his or her duties
12and shall serve when assigned as an acting Commissioner when a
13Commissioner is unavailable in accordance with the provisions
14of Section 13 of this Act. Any arbitrator who is an
15attorney-at-law shall not engage in the practice of law, nor
16shall any arbitrator hold any other office or position of
17profit under the United States or this State or any municipal
18corporation or political subdivision of this State.
19Notwithstanding any other provision of this Act to the
20contrary, an arbitrator who serves as an acting Commissioner in
21accordance with the provisions of Section 13 of this Act shall
22continue to serve in the capacity of Commissioner until a
23decision is reached in every case heard by that arbitrator
24while serving as an acting Commissioner.
25    Notwithstanding any other provision of this Section, the
26term of all arbitrators serving on the effective date of this

 

 

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1amendatory Act of the 97th General Assembly, including any
2arbitrators on administrative leave, shall terminate at the
3close of business on July 1, 2011, but the incumbents shall
4continue to exercise all of their duties until they are
5reappointed or their successors are appointed.
6    On and after the effective date of this amendatory Act of
7the 97th General Assembly, arbitrators shall be appointed to
83-year terms as follows:
9        (1) All appointments shall be made by the Governor with
10    the advice and consent of the Senate.
11        (2) For their initial appointments, 12 arbitrators
12    shall be appointed to terms expiring July 1, 2012; 12
13    arbitrators shall be appointed to terms expiring July 1,
14    2013; and all additional arbitrators shall be appointed to
15    terms expiring July 1, 2014. Thereafter, all arbitrators
16    shall be appointed to 3-year terms.
17    Upon the expiration of a term, the Chairman shall evaluate
18the performance of the arbitrator and may recommend to the
19Governor that he or she be reappointed to a second or
20subsequent term by the Governor with the advice and consent of
21the Senate.
22    Each arbitrator appointed on or after the effective date of
23this amendatory Act of the 97th General Assembly and who has
24not previously served as an arbitrator for the Commission shall
25be required to be authorized to practice law in this State by
26the Supreme Court, and to maintain this authorization

 

 

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1throughout his or her term of employment.
2    The All arbitrators shall be subject to the provisions of
3the Personnel Code, and the performance of all arbitrators
4shall be reviewed by the Chairman on an annual basis. The
5changes made to this Section by this amendatory Act of the 97th
6General Assembly shall prevail over any conflict with the
7Personnel Code. The Chairman shall allow input from the
8Commissioners in all such reviews.
9    The Commission shall assign no fewer than 3 arbitrators to
10each hearing site. The Commission shall establish a procedure
11to ensure that the arbitrators assigned to each hearing site
12are assigned cases on a random basis. No arbitrator shall hear
13cases in any county, other than Cook County, for more than 2
14years in each 3-year term.
15    The Secretary and each arbitrator shall receive a per annum
16salary of $4,000 less than the per annum salary of members of
17The Illinois Workers' Compensation Commission as provided in
18Section 13 of this Act, payable in equal monthly installments.
19    The members of the Commission, Arbitrators and other
20employees whose duties require them to travel, shall have
21reimbursed to them their actual traveling expenses and
22disbursements made or incurred by them in the discharge of
23their official duties while away from their place of residence
24in the performance of their duties.
25    The Commission shall provide itself with a seal for the
26authentication of its orders, awards and proceedings upon which

 

 

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1shall be inscribed the name of the Commission and the words
2"Illinois--Seal".
3    The Secretary or Assistant Secretary, under the direction
4of the Commission, shall have charge and custody of the seal of
5the Commission and also have charge and custody of all records,
6files, orders, proceedings, decisions, awards and other
7documents on file with the Commission. He shall furnish
8certified copies, under the seal of the Commission, of any such
9records, files, orders, proceedings, decisions, awards and
10other documents on file with the Commission as may be required.
11Certified copies so furnished by the Secretary or Assistant
12Secretary shall be received in evidence before the Commission
13or any Arbitrator thereof, and in all courts, provided that the
14original of such certified copy is otherwise competent and
15admissible in evidence. The Secretary or Assistant Secretary
16shall perform such other duties as may be prescribed from time
17to time by the Commission.
18(Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12.)
 
19    (820 ILCS 305/15a)  (from Ch. 48, par. 138.15a)
20    Sec. 15a. The Beginning January 1, 1981, the Commission
21shall prepare and publish a handbook in readily understandable
22language in question and answer form containing all information
23as to the rights and obligations of employers and employees
24under the provisions of this Act.
25    Upon receipt of first report of injury, as provided for in

 

 

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1subsection (b) of Section 6 of this Act, the Commission shall
2determine that a copy of the handbook has been forwarded to the
3injured employee or his beneficiary.
4    The handbook shall be made available free of charge to the
5general public and be maintained on the Commission's Internet
6website.
7    The Commission shall provide informational assistance to
8employers and employees regarding their rights and obligations
9under this Act and the process and procedure before the
10Commission.
11(Source: P.A. 86-998.)
 
12    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
13    Sec. 19. Any disputed questions of law or fact shall be
14determined as herein provided.
15    (a) It shall be the duty of the Commission upon
16notification that the parties have failed to reach an
17agreement, to designate an Arbitrator.
18        1. Whenever any claimant misconceives his remedy and
19    files an application for adjustment of claim under this Act
20    and it is subsequently discovered, at any time before final
21    disposition of such cause, that the claim for disability or
22    death which was the basis for such application should
23    properly have been made under the Workers' Occupational
24    Diseases Act, then the provisions of Section 19, paragraph
25    (a-1) of the Workers' Occupational Diseases Act having

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1legal and factual basis for each disputed allegation and the
2following information: (i) complete copies of any reports,
3records, documents and affidavits in the possession of the
4employer on which the employer intends to rely in support of
5his response, (ii) a list of any reports, records, documents
6and affidavits which the employer has demanded by subpoena and
7on which the employer intends to rely in support of his
8response, (iii) the name and address of each witness on whom
9the employer will rely to support his response, and (iv) the
10names and addresses of any medical practitioners selected by
11the employer pursuant to Section 12 of this Act and the time
12and place of any examination scheduled to be made pursuant to
13such Section.
14    Any employer who does not timely file and serve a written
15response without good cause may not introduce any evidence to
16dispute any claim of the employee but may cross examine the
17employee or any witness brought by the employee and otherwise
18be heard.
19    No document or other evidence not previously identified by
20either party with the petition or written response, or by any
21other means before the hearing, may be introduced into evidence
22without good cause. If, at the hearing, material information is
23discovered which was not previously disclosed, the Arbitrator
24may extend the time for closing proof on the motion of a party
25for a reasonable period of time which may be more than 30 days.
26No evidence may be introduced pursuant to this paragraph as to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1hearing if any; provided, if no such hearing is held, a
2decision of the Commission shall be approved by a majority of a
3panel of 3 members of the Commission as described in this
4Section. The Commission shall give 10 days' notice to the
5parties or their attorneys of the time and place of such taking
6of testimony and of such argument.
7    In any case the Commission in its decision may find
8specially upon any question or questions of law or fact which
9shall be submitted in writing by either party whether ultimate
10or otherwise; provided that on issues other than nature and
11extent of the disability, if any, the Commission in its
12decision shall find specially upon any question or questions of
13law or fact, whether ultimate or otherwise, which are submitted
14in writing by either party; provided further that not more than
155 such questions may be submitted by either party. Any party
16may, within 20 days after receipt of notice of the Commission's
17decision, or within such further time, not exceeding 30 days,
18as the Commission may grant, file with the Commission either an
19agreed statement of the facts appearing upon the hearing, or,
20if such party shall so elect, a correct transcript of evidence
21of the additional proceedings presented before the Commission,
22in which report the party may embody a correct statement of
23such other proceedings in the case as such party may desire to
24have reviewed, such statement of facts or transcript of
25evidence to be authenticated by the signature of the parties or
26their attorneys, and in the event that they do not agree, then

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    and correct typewritten copy of such testimony and a true
2    and correct copy of all other matters contained in such
3    record and certified to by the Secretary or Assistant
4    Secretary thereof. The changes made to this subdivision
5    (f)(1) by this amendatory Act of the 98th General Assembly
6    apply to any Commission decision entered after the
7    effective date of this amendatory Act of the 98th General
8    Assembly.
9        No In its decision on review the Commission shall
10    determine in each particular case the amount of the
11    probable cost of the record to be filed as a part of the
12    summons in that case and no request for a summons may be
13    filed and no summons shall issue unless the party seeking
14    to review the decision of the Commission shall exhibit to
15    the clerk of the Circuit Court proof of payment by filing
16    with the Commission of the notice of the intent to file for
17    review in the Circuit Court a receipt showing payment or an
18    affidavit of the attorney setting forth that notice of
19    intent to file for review in the Circuit Court payment has
20    been given in writing made of the sums so determined to the
21    Secretary or Assistant Secretary of the Commission, except
22    as otherwise provided by Section 20 of this Act.
23        (2) No such summons shall issue unless the one against
24    whom the Commission shall have rendered an award for the
25    payment of money shall upon the filing of his written
26    request for such summons file with the clerk of the court a

 

 

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1    bond conditioned that if he shall not successfully
2    prosecute the review, he will pay the award and the costs
3    of the proceedings in the courts. The amount of the bond
4    shall be fixed by any member of the Commission and the
5    surety or sureties of the bond shall be approved by the
6    clerk of the court. The acceptance of the bond by the clerk
7    of the court shall constitute evidence of his approval of
8    the bond.
9        Every county, city, town, township, incorporated
10    village, school district, body politic or municipal
11    corporation against whom the Commission shall have
12    rendered an award for the payment of money shall not be
13    required to file a bond to secure the payment of the award
14    and the costs of the proceedings in the court to authorize
15    the court to issue such summons.
16        The court may confirm or set aside the decision of the
17    Commission. If the decision is set aside and the facts
18    found in the proceedings before the Commission are
19    sufficient, the court may enter such decision as is
20    justified by law, or may remand the cause to the Commission
21    for further proceedings and may state the questions
22    requiring further hearing, and give such other
23    instructions as may be proper. Appeals shall be taken to
24    the Appellate Court in accordance with Supreme Court Rules
25    22(g) and 303. Appeals shall be taken from the Appellate
26    Court to the Supreme Court in accordance with Supreme Court

 

 

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1    Rule 315.
2        It shall be the duty of the clerk of any court
3    rendering a decision affecting or affirming an award of the
4    Commission to promptly furnish the Commission with a copy
5    of such decision, without charge.
6        The decision of a majority of the members of the panel
7    of the Commission, shall be considered the decision of the
8    Commission.
9    (g) Except in the case of a claim against the State of
10Illinois, either party may present a certified copy of the
11award of the Arbitrator, or a certified copy of the decision of
12the Commission when the same has become final, when no
13proceedings for review are pending, providing for the payment
14of compensation according to this Act, to the Circuit Court of
15the county in which such accident occurred or either of the
16parties are residents, whereupon the court shall enter a
17judgment in accordance therewith. In a case where the employer
18refuses to pay compensation according to such final award or
19such final decision upon which such judgment is entered the
20court shall in entering judgment thereon, tax as costs against
21him the reasonable costs and attorney fees in the arbitration
22proceedings and in the court entering the judgment for the
23person in whose favor the judgment is entered, which judgment
24and costs taxed as therein provided shall, until and unless set
25aside, have the same effect as though duly entered in an action
26duly tried and determined by the court, and shall with like

 

 

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1effect, be entered and docketed. The Circuit Court shall have
2power at any time upon application to make any such judgment
3conform to any modification required by any subsequent decision
4of the Supreme Court upon appeal, or as the result of any
5subsequent proceedings for review, as provided in this Act.
6    Judgment shall not be entered until 15 days' notice of the
7time and place of the application for the entry of judgment
8shall be served upon the employer by filing such notice with
9the Commission, which Commission shall, in case it has on file
10the address of the employer or the name and address of its
11agent upon whom notices may be served, immediately send a copy
12of the notice to the employer or such designated agent.
13    (h) An agreement or award under this Act providing for
14compensation in installments, may at any time within 18 months
15after such agreement or award be reviewed by the Commission at
16the request of either the employer or the employee, on the
17ground that the disability of the employee has subsequently
18recurred, increased, diminished or ended.
19    However, as to accidents occurring subsequent to July 1,
201955, which are covered by any agreement or award under this
21Act providing for compensation in installments made as a result
22of such accident, such agreement or award may at any time
23within 30 months, or 60 months in the case of an award under
24Section 8(d)1, after such agreement or award be reviewed by the
25Commission at the request of either the employer or the
26employee on the ground that the disability of the employee has

 

 

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1subsequently recurred, increased, diminished or ended.
2    On such review, compensation payments may be
3re-established, increased, diminished or ended. The Commission
4shall give 15 days' notice to the parties of the hearing for
5review. Any employee, upon any petition for such review being
6filed by the employer, shall be entitled to one day's notice
7for each 100 miles necessary to be traveled by him in attending
8the hearing of the Commission upon the petition, and 3 days in
9addition thereto. Such employee shall, at the discretion of the
10Commission, also be entitled to 5 cents per mile necessarily
11traveled by him within the State of Illinois in attending such
12hearing, not to exceed a distance of 300 miles, to be taxed by
13the Commission as costs and deposited with the petition of the
14employer.
15    When compensation which is payable in accordance with an
16award or settlement contract approved by the Commission, is
17ordered paid in a lump sum by the Commission, no review shall
18be had as in this paragraph mentioned.
19    (i) Each party, upon taking any proceedings or steps
20whatsoever before any Arbitrator, Commission or court, shall
21file with the Commission his address, or the name and address
22of any agent upon whom all notices to be given to such party
23shall be served, either personally or by registered mail,
24addressed to such party or agent at the last address so filed
25with the Commission. In the event such party has not filed his
26address, or the name and address of an agent as above provided,

 

 

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

 

 

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

 

 

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1appropriate increase in the applicable weekly compensation
2rate.
3    (n) After June 30, 1984, decisions of the Illinois Workers'
4Compensation Commission reviewing an award of an arbitrator of
5the Commission shall draw interest at a rate equal to the yield
6on indebtedness issued by the United States Government with a
726-week maturity next previously auctioned on the day on which
8the decision is filed. Said rate of interest shall be set forth
9in the Arbitrator's Decision. Interest shall be drawn from the
10date of the arbitrator's award on all accrued compensation due
11the employee through the day prior to the date of payments.
12However, when an employee appeals an award of an Arbitrator or
13the Commission, and the appeal results in no change or a
14decrease in the award, interest shall not further accrue from
15the date of such appeal.
16    The employer or his insurance carrier may tender the
17payments due under the award to stop the further accrual of
18interest on such award notwithstanding the prosecution by
19either party of review, certiorari, appeal to the Supreme Court
20or other steps to reverse, vacate or modify the award.
21    (o) By the 15th day of each month each insurer providing
22coverage for losses under this Act shall notify each insured
23employer of any compensable claim incurred during the preceding
24month and the amounts paid or reserved on the claim including a
25summary of the claim and a brief statement of the reasons for
26compensability. A cumulative report of all claims incurred

 

 

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1during a calendar year or continued from the previous year
2shall be furnished to the insured employer by the insurer
3within 30 days after the end of that calendar year.
4    The insured employer may challenge, in proceeding before
5the Commission, payments made by the insurer without
6arbitration and payments made after a case is determined to be
7noncompensable. If the Commission finds that the case was not
8compensable, the insurer shall purge its records as to that
9employer of any loss or expense associated with the claim,
10reimburse the employer for attorneys' fees arising from the
11challenge and for any payment required of the employer to the
12Rate Adjustment Fund or the Second Injury Fund, and may not
13reflect the loss or expense for rate making purposes. The
14employee shall not be required to refund the challenged
15payment. The decision of the Commission may be reviewed in the
16same manner as in arbitrated cases. No challenge may be
17initiated under this paragraph more than 3 years after the
18payment is made. An employer may waive the right of challenge
19under this paragraph on a case by case basis.
20    (p) After filing an application for adjustment of claim but
21prior to the hearing on arbitration the parties may voluntarily
22agree to submit such application for adjustment of claim for
23decision by an arbitrator under this subsection (p) where such
24application for adjustment of claim raises only a dispute over
25temporary total disability, permanent partial disability or
26medical expenses. Such agreement shall be in writing in such

 

 

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

 

 

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1except that if the parties do not agree on an arbitrator from
2among the 5 persons, the parties may, by agreement, select an
3arbitrator of the American Arbitration Association, whose fee
4shall be paid by the State in accordance with rules promulgated
5by the Commission. Arbitration under this subsection (p) shall
6be voluntary.
7(Source: P.A. 97-18, eff. 6-28-11.)
 
8    (820 ILCS 305/19a)  (from Ch. 48, par. 138.19b)
9    Sec. 19a. Money received by the Commission pursuant to
10subsection (f) of Section 19 of this Act shall be paid into a
11trust fund outside the State Treasury and shall be held in such
12fund until completion of the record for which the payment was
13made. The Secretary of the Commission shall be ex-officio
14custodian of such trust fund which shall be used only for the
15purpose specified in this section. Upon completion of the
16record the Secretary shall pay the amount so held to the person
17entitled thereto for preparation of the record. Within 60 days
18after the effective date of this amendatory Act of the 98th
19General Assembly, the Secretary of the Commission shall
20transfer all remaining funds to the Injured Workers' Benefit
21Fund for the purpose of paying claims from injured employees
22who have received a final award for benefits from the
23Commission against the employer in Fiscal Year 2013.
24(Source: Laws 1967, p. 324.)
 

 

 

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1    (820 ILCS 305/20)  (from Ch. 48, par. 138.20)
2    Sec. 20. If the Commission shall, before or after any
3hearing, proceeding, or review to any court, be satisfied that
4the employee is a poor person, and unable to pay the costs and
5expenses provided for by this Act, the Commission shall permit
6such poor person to have all the rights and remedies provided
7by this Act, including the issuance and service of subpoenas; a
8transcript of testimony and the record of proceedings,
9including photostatic copies of exhibits, at hearings before an
10Arbitrator or the Commission; the right to have the record of
11proceedings certified to the circuit court; the right to the
12filing of a written request for summons; and the right to the
13issuance of summons, without the filing of a bond for costs and
14without the payment of any of the costs provided for by this
15Act. If an award is granted to such employee, or settlement is
16made, the costs and expenses chargeable to the employee as
17provided for by this Act shall be paid by the employer out of
18the award herein granted, or settlement, before any of the
19balance of the award or settlement is paid to the employee.
20(Source: P.A. 86-998.)
 
21    Section 10. The Workers' Occupational Diseases Act is
22amended by changing Sections 19, 19a, and 19.5 as follows:
 
23    (820 ILCS 310/19)  (from Ch. 48, par. 172.54)
24    Sec. 19. Any disputed questions of law or fact shall be

 

 

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1determined as herein provided.
2    (a) It shall be the duty of the Commission upon
3notification that the parties have failed to reach an agreement
4to designate an Arbitrator.
5        (1) The application for adjustment of claim filed with
6    the Commission shall state:
7            A. The approximate date of the last day of the last
8        exposure and the approximate date of the disablement.
9            B. The general nature and character of the illness
10        or disease claimed.
11            C. The name and address of the employer by whom
12        employed on the last day of the last exposure and if
13        employed by any other employer after such last exposure
14        and before disablement the name and address of such
15        other employer or employers.
16            D. In case of death, the date and place of death.
17        (2) Amendments to applications for adjustment of claim
18    which relate to the same disablement or disablement
19    resulting in death originally claimed upon may be allowed
20    by the Commissioner or an Arbitrator thereof, in their
21    discretion, and in the exercise of such discretion, they
22    may in proper cases order a trial de novo; such amendment
23    shall relate back to the date of the filing of the original
24    application so amended.
25        (3) Whenever any claimant misconceives his remedy and
26    files an application for adjustment of claim under this Act

 

 

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

 

 

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1    provisions of this Act if given within the time required
2    herein.
3    (b) The Arbitrator shall make such inquiries and
4investigations as he shall deem necessary and may examine and
5inspect all books, papers, records, places, or premises
6relating to the questions in dispute and hear such proper
7evidence as the parties may submit.
8    The hearings before the Arbitrator shall be held in the
9vicinity where the last exposure occurred, after 10 days'
10notice of the time and place of such hearing shall have been
11given to each of the parties or their attorneys of record.
12    The Arbitrator may find that the disabling condition is
13temporary and has not yet reached a permanent condition and may
14order the payment of compensation up to the date of the
15hearing, which award shall be reviewable and enforceable in the
16same manner as other awards, and in no instance be a bar to a
17further hearing and determination of a further amount of
18temporary total compensation or of compensation for permanent
19disability, but shall be conclusive as to all other questions
20except the nature and extent of such disability.
21    The decision of the Arbitrator shall be filed with the
22Commission which Commission shall immediately send to each
23party or his attorney a copy of such decision, together with a
24notification of the time when it was filed. As of the effective
25date of this amendatory Act of the 94th General Assembly, all
26decisions of the Arbitrator shall set forth in writing findings

 

 

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1of fact and conclusions of law, separately stated, if requested
2by either party. Unless a petition for review is filed by
3either party within 30 days after the receipt by such party of
4the copy of the decision and notification of time when filed,
5and unless such party petitioning for a review shall within 35
6days after the receipt by him of the copy of the decision, file
7with the Commission either an agreed statement of the facts
8appearing upon the hearing before the Arbitrator, or if such
9party shall so elect a correct transcript of evidence of the
10proceedings at such hearings, then the decision shall become
11the decision of the Commission and in the absence of fraud
12shall be conclusive. The Petition for Review shall contain a
13statement of the petitioning party's specific exceptions to the
14decision of the arbitrator. The jurisdiction of the Commission
15to review the decision of the arbitrator shall not be limited
16to the exceptions stated in the Petition for Review. The
17Commission, or any member thereof, may grant further time not
18exceeding 30 days, in which to file such agreed statement or
19transcript of evidence. Such agreed statement of facts or
20correct transcript of evidence, as the case may be, shall be
21authenticated by the signatures of the parties or their
22attorneys, and in the event they do not agree as to the
23correctness of the transcript of evidence it shall be
24authenticated by the signature of the Arbitrator designated by
25the Commission.
26    Whether the employee is working or not, if the employee is

 

 

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1not receiving or has not received medical, surgical, or
2hospital services or other services or compensation as provided
3in paragraph (a) of Section 8 of the Workers' Compensation Act,
4or compensation as provided in paragraph (b) of Section 8 of
5the Workers' Compensation Act, the employee may at any time
6petition for an expedited hearing by an Arbitrator on the issue
7of whether or not he or she is entitled to receive payment of
8the services or compensation. Provided the employer continues
9to pay compensation pursuant to paragraph (b) of Section 8 of
10the Workers' Compensation Act, the employer may at any time
11petition for an expedited hearing on the issue of whether or
12not the employee is entitled to receive medical, surgical, or
13hospital services or other services or compensation as provided
14in paragraph (a) of Section 8 of the Workers' Compensation Act,
15or compensation as provided in paragraph (b) of Section 8 of
16the Workers' Compensation Act. When an employer has petitioned
17for an expedited hearing, the employer shall continue to pay
18compensation as provided in paragraph (b) of Section 8 of the
19Workers' Compensation Act unless the arbitrator renders a
20decision that the employee is not entitled to the benefits that
21are the subject of the expedited hearing or unless the
22employee's treating physician has released the employee to
23return to work at his or her regular job with the employer or
24the employee actually returns to work at any other job. If the
25arbitrator renders a decision that the employee is not entitled
26to the benefits that are the subject of the expedited hearing,

 

 

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1a petition for review filed by the employee shall receive the
2same priority as if the employee had filed a petition for an
3expedited hearing by an arbitrator. Neither party shall be
4entitled to an expedited hearing when the employee has returned
5to work and the sole issue in dispute amounts to less than 12
6weeks of unpaid compensation pursuant to paragraph (b) of
7Section 8 of the Workers' Compensation Act.
8    Expedited hearings shall have priority over all other
9petitions and shall be heard by the Arbitrator and Commission
10with all convenient speed. Any party requesting an expedited
11hearing shall give notice of a request for an expedited hearing
12under this paragraph. A copy of the Application for Adjustment
13of Claim shall be attached to the notice. The Commission shall
14adopt rules and procedures under which the final decision of
15the Commission under this paragraph is filed not later than 180
16days from the date that the Petition for Review is filed with
17the Commission.
18    Where 2 or more insurance carriers, private self-insureds,
19or a group workers' compensation pool under Article V 3/4 of
20the Illinois Insurance Code dispute coverage for the same
21disease, any such insurance carrier, private self-insured, or
22group workers' compensation pool may request an expedited
23hearing pursuant to this paragraph to determine the issue of
24coverage, provided coverage is the only issue in dispute and
25all other issues are stipulated and agreed to and further
26provided that all compensation benefits including medical

 

 

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1benefits pursuant to Section 8(a) of the Workers' Compensation
2Act continue to be paid to or on behalf of petitioner. Any
3insurance carrier, private self-insured, or group workers'
4compensation pool that is determined to be liable for coverage
5for the disease in issue shall reimburse any insurance carrier,
6private self-insured, or group workers' compensation pool that
7has paid benefits to or on behalf of petitioner for the
8disease.
9    (b-1) If the employee is not receiving, pursuant to Section
107, medical, surgical or hospital services of the type provided
11for in paragraph (a) of Section 8 of the Workers' Compensation
12Act or compensation of the type provided for in paragraph (b)
13of Section 8 of the Workers' Compensation Act, the employee, in
14accordance with Commission Rules, may file a petition for an
15emergency hearing by an Arbitrator on the issue of whether or
16not he is entitled to receive payment of such compensation or
17services as provided therein. Such petition shall have priority
18over all other petitions and shall be heard by the Arbitrator
19and Commission with all convenient speed.
20    Such petition shall contain the following information and
21shall be served on the employer at least 15 days before it is
22filed:
23        (i) the date and approximate time of the last exposure;
24        (ii) the approximate location of the last exposure;
25        (iii) a description of the last exposure;
26        (iv) the nature of the disability incurred by the

 

 

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1    employee;
2        (v) the identity of the person, if known, to whom the
3    disability was reported and the date on which it was
4    reported;
5        (vi) the name and title of the person, if known,
6    representing the employer with whom the employee conferred
7    in any effort to obtain pursuant to Section 7 compensation
8    of the type provided for in paragraph (b) of Section 8 of
9    the Workers' Compensation Act or medical, surgical or
10    hospital services of the type provided for in paragraph (a)
11    of Section 8 of the Workers' Compensation Act and the date
12    of such conference;
13        (vii) a statement that the employer has refused to pay
14    compensation pursuant to Section 7 of the type provided for
15    in paragraph (b) of Section 8 of the Workers' Compensation
16    Act or for medical, surgical or hospital services pursuant
17    to Section 7 of the type provided for in paragraph (a) of
18    Section 8 of the Workers' Compensation Act;
19        (viii) the name and address, if known, of each witness
20    to the last exposure and of each other person upon whom the
21    employee will rely to support his allegations;
22        (ix) the dates of treatment related to the disability
23    by medical practitioners, and the names and addresses of
24    such practitioners, including the dates of treatment
25    related to the disability at any hospitals and the names
26    and addresses of such hospitals, and a signed authorization

 

 

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1    permitting the employer to examine all medical records of
2    all practitioners and hospitals named pursuant to this
3    paragraph;
4        (x) a copy of a signed report by a medical
5    practitioner, relating to the employee's current inability
6    to return to work because of the disability incurred as a
7    result of the exposure or such other documents or
8    affidavits which show that the employee is entitled to
9    receive pursuant to Section 7 compensation of the type
10    provided for in paragraph (b) of Section 8 of the Workers'
11    Compensation Act or medical, surgical or hospital services
12    of the type provided for in paragraph (a) of Section 8 of
13    the Workers' Compensation Act. Such reports, documents or
14    affidavits shall state, if possible, the history of the
15    exposure given by the employee, and describe the disability
16    and medical diagnosis, the medical services for such
17    disability which the employee has received and is
18    receiving, the physical activities which the employee
19    cannot currently perform as a result of such disability,
20    and the prognosis for recovery;
21        (xi) complete copies of any reports, records,
22    documents and affidavits in the possession of the employee
23    on which the employee will rely to support his allegations,
24    provided that the employer shall pay the reasonable cost of
25    reproduction thereof;
26        (xii) a list of any reports, records, documents and

 

 

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1    affidavits which the employee has demanded by subpoena and
2    on which he intends to rely to support his allegations;
3        (xiii) a certification signed by the employee or his
4    representative that the employer has received the petition
5    with the required information 15 days before filing.
6    Fifteen days after receipt by the employer of the petition
7with the required information the employee may file said
8petition and required information and shall serve notice of the
9filing upon the employer. The employer may file a motion
10addressed to the sufficiency of the petition. If an objection
11has been filed to the sufficiency of the petition, the
12arbitrator shall rule on the objection within 2 working days.
13If such an objection is filed, the time for filing the final
14decision of the Commission as provided in this paragraph shall
15be tolled until the arbitrator has determined that the petition
16is sufficient.
17    The employer shall, within 15 days after receipt of the
18notice that such petition is filed, file with the Commission
19and serve on the employee or his representative a written
20response to each claim set forth in the petition, including the
21legal and factual basis for each disputed allegation and the
22following information: (i) complete copies of any reports,
23records, documents and affidavits in the possession of the
24employer on which the employer intends to rely in support of
25his response, (ii) a list of any reports, records, documents
26and affidavits which the employer has demanded by subpoena and

 

 

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1on which the employer intends to rely in support of his
2response, (iii) the name and address of each witness on whom
3the employer will rely to support his response, and (iv) the
4names and addresses of any medical practitioners selected by
5the employer pursuant to Section 12 of this Act and the time
6and place of any examination scheduled to be made pursuant to
7such Section.
8    Any employer who does not timely file and serve a written
9response without good cause may not introduce any evidence to
10dispute any claim of the employee but may cross examine the
11employee or any witness brought by the employee and otherwise
12be heard.
13    No document or other evidence not previously identified by
14either party with the petition or written response, or by any
15other means before the hearing, may be introduced into evidence
16without good cause. If, at the hearing, material information is
17discovered which was not previously disclosed, the Arbitrator
18may extend the time for closing proof on the motion of a party
19for a reasonable period of time which may be more than 30 days.
20No evidence may be introduced pursuant to this paragraph as to
21permanent disability. No award may be entered for permanent
22disability pursuant to this paragraph. Either party may
23introduce into evidence the testimony taken by deposition of
24any medical practitioner.
25    The Commission shall adopt rules, regulations and
26procedures whereby the final decision of the Commission is

 

 

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1filed not later than 90 days from the date the petition for
2review is filed but in no event later than 180 days from the
3date the petition for an emergency hearing is filed with the
4Illinois Workers' Compensation Commission.
5    All service required pursuant to this paragraph (b-1) must
6be by personal service or by certified mail and with evidence
7of receipt. In addition, for the purposes of this paragraph,
8all service on the employer must be at the premises where the
9accident occurred if the premises are owned or operated by the
10employer. Otherwise service must be at the employee's principal
11place of employment by the employer. If service on the employer
12is not possible at either of the above, then service shall be
13at the employer's principal place of business. After initial
14service in each case, service shall be made on the employer's
15attorney or designated representative.
16    (c) (1) At a reasonable time in advance of and in
17connection with the hearing under Section 19(e) or 19(h), the
18Commission may on its own motion order an impartial physical or
19mental examination of a petitioner whose mental or physical
20condition is in issue, when in the Commission's discretion it
21appears that such an examination will materially aid in the
22just determination of the case. The examination shall be made
23by a member or members of a panel of physicians chosen for
24their special qualifications by the Illinois State Medical
25Society. The Commission shall establish procedures by which a
26physician shall be selected from such list.

 

 

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1    (2) Should the Commission at any time during the hearing
2find that compelling considerations make it advisable to have
3an examination and report at that time, the Commission may in
4its discretion so order.
5    (3) A copy of the report of examination shall be given to
6the Commission and to the attorneys for the parties.
7    (4) Either party or the Commission may call the examining
8physician or physicians to testify. Any physician so called
9shall be subject to cross-examination.
10    (5) The examination shall be made, and the physician or
11physicians, if called, shall testify, without cost to the
12parties. The Commission shall determine the compensation and
13the pay of the physician or physicians. The compensation for
14this service shall not exceed the usual and customary amount
15for such service.
16    The fees and payment thereof of all attorneys and
17physicians for services authorized by the Commission under this
18Act shall, upon request of either the employer or the employee
19or the beneficiary affected, be subject to the review and
20decision of the Commission.
21    (d) If any employee shall persist in insanitary or
22injurious practices which tend to either imperil or retard his
23recovery or shall refuse to submit to such medical, surgical,
24or hospital treatment as is reasonably essential to promote his
25recovery, the Commission may, in its discretion, reduce or
26suspend the compensation of any such employee; provided, that

 

 

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1when an employer and employee so agree in writing, the
2foregoing provision shall not be construed to authorize the
3reduction or suspension of compensation of an employee who is
4relying in good faith, on treatment by prayer or spiritual
5means alone, in accordance with the tenets and practice of a
6recognized church or religious denomination, by a duly
7accredited practitioner thereof.
8    (e) This paragraph shall apply to all hearings before the
9Commission. Such hearings may be held in its office or
10elsewhere as the Commission may deem advisable. The taking of
11testimony on such hearings may be had before any member of the
12Commission. If a petition for review and agreed statement of
13facts or transcript of evidence is filed, as provided herein,
14the Commission shall promptly review the decision of the
15Arbitrator and all questions of law or fact which appear from
16the statement of facts or transcripts of evidence. In all cases
17in which the hearing before the arbitrator is held after the
18effective date of this amendatory Act of 1989, no additional
19evidence shall be introduced by the parties before the
20Commission on review of the decision of the Arbitrator. The
21Commission shall file in its office its decision thereon, and
22shall immediately send to each party or his attorney a copy of
23such decision and a notification of the time when it was filed.
24Decisions shall be filed within 60 days after the Statement of
25Exceptions and Supporting Brief and Response thereto are
26required to be filed or oral argument whichever is later.

 

 

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1    In the event either party requests oral argument, such
2argument shall be had before a panel of 3 members of the
3Commission (or before all available members pursuant to the
4determination of 7 members of the Commission that such argument
5be held before all available members of the Commission)
6pursuant to the rules and regulations of the Commission. A
7panel of 3 members, which shall be comprised of not more than
8one representative citizen of the employing class and not more
9than one representative citizen of the employee class, shall
10hear the argument; provided that if all the issues in dispute
11are solely the nature and extent of the permanent partial
12disability, if any, a majority of the panel may deny the
13request for such argument and such argument shall not be held;
14and provided further that 7 members of the Commission may
15determine that the argument be held before all available
16members of the Commission. A decision of the Commission shall
17be approved by a majority of Commissioners present at such
18hearing if any; provided, if no such hearing is held, a
19decision of the Commission shall be approved by a majority of a
20panel of 3 members of the Commission as described in this
21Section. The Commission shall give 10 days' notice to the
22parties or their attorneys of the time and place of such taking
23of testimony and of such argument.
24    In any case the Commission in its decision may in its
25discretion find specially upon any question or questions of law
26or facts which shall be submitted in writing by either party

 

 

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1whether ultimate or otherwise; provided that on issues other
2than nature and extent of the disablement, if any, the
3Commission in its decision shall find specially upon any
4question or questions of law or fact, whether ultimate or
5otherwise, which are submitted in writing by either party;
6provided further that not more than 5 such questions may be
7submitted by either party. Any party may, within 20 days after
8receipt of notice of the Commission's decision, or within such
9further time, not exceeding 30 days, as the Commission may
10grant, file with the Commission either an agreed statement of
11the facts appearing upon the hearing, or, if such party shall
12so elect, a correct transcript of evidence of the additional
13proceedings presented before the Commission in which report the
14party may embody a correct statement of such other proceedings
15in the case as such party may desire to have reviewed, such
16statement of facts or transcript of evidence to be
17authenticated by the signature of the parties or their
18attorneys, and in the event that they do not agree, then the
19authentication of such transcript of evidence shall be by the
20signature of any member of the Commission.
21    If a reporter does not for any reason furnish a transcript
22of the proceedings before the Arbitrator in any case for use on
23a hearing for review before the Commission, within the
24limitations of time as fixed in this Section, the Commission
25may, in its discretion, order a trial de novo before the
26Commission in such case upon application of either party. The

 

 

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1applications for adjustment of claim and other documents in the
2nature of pleadings filed by either party, together with the
3decisions of the Arbitrator and of the Commission and the
4statement of facts or transcript of evidence hereinbefore
5provided for in paragraphs (b) and (c) shall be the record of
6the proceedings of the Commission, and shall be subject to
7review as hereinafter provided.
8    At the request of either party or on its own motion, the
9Commission shall set forth in writing the reasons for the
10decision, including findings of fact and conclusions of law,
11separately stated. The Commission shall by rule adopt a format
12for written decisions for the Commission and arbitrators. The
13written decisions shall be concise and shall succinctly state
14the facts and reasons for the decision. The Commission may
15adopt in whole or in part, the decision of the arbitrator as
16the decision of the Commission. When the Commission does so
17adopt the decision of the arbitrator, it shall do so by order.
18Whenever the Commission adopts part of the arbitrator's
19decision, but not all, it shall include in the order the
20reasons for not adopting all of the arbitrator's decision. When
21a majority of a panel, after deliberation, has arrived at its
22decision, the decision shall be filed as provided in this
23Section without unnecessary delay, and without regard to the
24fact that a member of the panel has expressed an intention to
25dissent. Any member of the panel may file a dissent. Any
26dissent shall be filed no later than 10 days after the decision

 

 

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1of the majority has been filed.
2    Decisions rendered by the Commission after the effective
3date of this amendatory Act of 1980 and dissents, if any, shall
4be published together by the Commission. The conclusions of law
5set out in such decisions shall be regarded as precedents by
6arbitrators, for the purpose of achieving a more uniform
7administration of this Act.
8    (f) The decision of the Commission acting within its
9powers, according to the provisions of paragraph (e) of this
10Section shall, in the absence of fraud, be conclusive unless
11reviewed as in this paragraph hereinafter provided. However,
12the Arbitrator or the Commission may on his or its own motion,
13or on the motion of either party, correct any clerical error or
14errors in computation within 15 days after the date of receipt
15of any award by such Arbitrator or any decision on review of
16the Commission, and shall have the power to recall the original
17award on arbitration or decision on review, and issue in lieu
18thereof such corrected award or decision. Where such correction
19is made the time for review herein specified shall begin to run
20from the date of the receipt of the corrected award or
21decision.
22        (1) Except in cases of claims against the State of
23    Illinois, in which case the decision of the Commission
24    shall not be subject to judicial review, the Circuit Court
25    of the county where any of the parties defendant may be
26    found, or if none of the parties defendant be found in this

 

 

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1    State then the Circuit Court of the county where any of the
2    exposure occurred, shall by summons to the Commission have
3    power to review all questions of law and fact presented by
4    such record.
5        A proceeding for review shall be commenced within 20
6    days of the receipt of notice of the decision of the
7    Commission. The summons shall be issued by the clerk of
8    such court upon written request returnable on a designated
9    return day, not less than 10 or more than 60 days from the
10    date of issuance thereof, and the written request shall
11    contain the last known address of other parties in interest
12    and their attorneys of record who are to be served by
13    summons. Service upon any member of the Commission or the
14    Secretary or the Assistant Secretary thereof shall be
15    service upon the Commission, and service upon other parties
16    in interest and their attorneys of record shall be by
17    summons, and such service shall be made upon the Commission
18    and other parties in interest by mailing notices of the
19    commencement of the proceedings and the return day of the
20    summons to the office of the Commission and to the last
21    known place of residence of other parties in interest or
22    their attorney or attorneys of record. The clerk of the
23    court issuing the summons shall on the day of issue mail
24    notice of the commencement of the proceedings which shall
25    be done by mailing a copy of the summons to the office of
26    the Commission, and a copy of the summons to the other

 

 

HB3390 Enrolled- 59 -LRB098 07552 HEP 37623 b

1    parties in interest or their attorney or attorneys of
2    record and the clerk of the court shall make certificate
3    that he has so sent such notices in pursuance of this
4    Section, which shall be evidence of service on the
5    Commission and other parties in interest.
6        The Commission shall not be required to certify the
7    record of their proceedings in the Circuit Court unless the
8    party commencing the proceedings for review in the Circuit
9    Court as above provided, shall file with the Commission
10    notice of intent to file for review in Circuit Court. pay
11    to the Commission the sum of 80 cents per page of testimony
12    taken before the Commission, and 35 cents per page of all
13    other matters contained in such record, except as otherwise
14    provided by Section 20 of this Act. Payment for photostatic
15    copies of exhibit shall be extra. It shall be the duty of
16    the Commission upon such filing of notice of intent to file
17    for review in Circuit Court payment, or failure to pay as
18    permitted under Section 20 of this Act, to prepare a true
19    and correct typewritten copy of such testimony and a true
20    and correct copy of all other matters contained in such
21    record and certified to by the Secretary or Assistant
22    Secretary thereof. The changes made to this subdivision
23    (f)(1) by this amendatory Act of the 98th General Assembly
24    apply to any Commission decision entered after the
25    effective date of this amendatory Act of the 98th General
26    Assembly.

 

 

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1        No In its decision on review the Commission shall
2    determine in each particular case the amount of the
3    probable cost of the record to be filed as a return to the
4    summons in that case and no request for a summons may be
5    filed and no summons shall issue unless the party seeking
6    to review the decision of the Commission shall exhibit to
7    the clerk of the Circuit Court proof of payment by filing
8    with the Commission of the notice of the intent to file for
9    review in the Circuit Court a receipt showing payment or an
10    affidavit of the attorney setting forth that notice of
11    intent to file for review in Circuit Court payment has been
12    given in writing made of the sums so determined to the
13    Secretary or Assistant Secretary of the Commission.
14        (2) No such summons shall issue unless the one against
15    whom the Commission shall have rendered an award for the
16    payment of money shall upon the filing of his written
17    request for such summons file with the clerk of the court a
18    bond conditioned that if he shall not successfully
19    prosecute the review, he will pay the award and the costs
20    of the proceedings in the court. The amount of the bond
21    shall be fixed by any member of the Commission and the
22    surety or sureties of the bond shall be approved by the
23    clerk of the court. The acceptance of the bond by the clerk
24    of the court shall constitute evidence of his approval of
25    the bond.
26        Every county, city, town, township, incorporated

 

 

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1    village, school district, body politic or municipal
2    corporation having a population of 500,000 or more against
3    whom the Commission shall have rendered an award for the
4    payment of money shall not be required to file a bond to
5    secure the payment of the award and the costs of the
6    proceedings in the court to authorize the court to issue
7    such summons.
8        The court may confirm or set aside the decision of the
9    Commission. If the decision is set aside and the facts
10    found in the proceedings before the Commission are
11    sufficient, the court may enter such decision as is
12    justified by law, or may remand the cause to the Commission
13    for further proceedings and may state the questions
14    requiring further hearing, and give such other
15    instructions as may be proper. Appeals shall be taken to
16    the Appellate Court in accordance with Supreme Court Rules
17    22(g) and 303. Appeals shall be taken from the Appellate
18    Court to the Supreme Court in accordance with Supreme Court
19    Rule 315.
20        It shall be the duty of the clerk of any court
21    rendering a decision affecting or affirming an award of the
22    Commission to promptly furnish the Commission with a copy
23    of such decision, without charge.
24        The decision of a majority of the members of the panel
25    of the Commission, shall be considered the decision of the
26    Commission.

 

 

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

 

 

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1the Commission, which Commission shall, in case it has on file
2the address of the employer or the name and address of its
3agent upon whom notices may be served, immediately send a copy
4of the notice to the employer or such designated agent.
5    (h) An agreement or award under this Act providing for
6compensation in installments, may at any time within 18 months
7after such agreement or award be reviewed by the Commission at
8the request of either the employer or the employee on the
9ground that the disability of the employee has subsequently
10recurred, increased, diminished or ended.
11    However, as to disablements occurring subsequently to July
121, 1955, which are covered by any agreement or award under this
13Act providing for compensation in installments made as a result
14of such disablement, such agreement or award may at any time
15within 30 months after such agreement or award be reviewed by
16the Commission at the request of either the employer or the
17employee on the ground that the disability of the employee has
18subsequently recurred, increased, diminished or ended.
19    On such review compensation payments may be
20re-established, increased, diminished or ended. The Commission
21shall give 15 days' notice to the parties of the hearing for
22review. Any employee, upon any petition for such review being
23filed by the employer, shall be entitled to one day's notice
24for each 100 miles necessary to be traveled by him in attending
25the hearing of the Commission upon the petition, and 3 days in
26addition thereto. Such employee shall, at the discretion of the

 

 

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

 

 

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

 

 

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1the allotted 60 days specified under Section 8.2(d) of the
2Workers' Compensation Act. In case the employer or his or her
3insurance carrier shall without good and just cause fail,
4neglect, refuse, or unreasonably delay the payment of benefits
5under Section 8(a) or Section 8(b) of the Workers' Compensation
6Act, the Arbitrator or the Commission shall allow to the
7employee additional compensation in the sum of $30 per day for
8each day that the benefits under Section 8(a) or Section 8(b)
9of the Workers' Compensation Act have been so withheld or
10refused, not to exceed $10,000. A delay in payment of 14 days
11or more shall create a rebuttable presumption of unreasonable
12delay.
13    (l) By the 15th day of each month each insurer providing
14coverage for losses under this Act shall notify each insured
15employer of any compensable claim incurred during the preceding
16month and the amounts paid or reserved on the claim including a
17summary of the claim and a brief statement of the reasons for
18compensability. A cumulative report of all claims incurred
19during a calendar year or continued from the previous year
20shall be furnished to the insured employer by the insurer
21within 30 days after the end of that calendar year.
22    The insured employer may challenge, in proceeding before
23the Commission, payments made by the insurer without
24arbitration and payments made after a case is determined to be
25noncompensable. If the Commission finds that the case was not
26compensable, the insurer shall purge its records as to that

 

 

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1employer of any loss or expense associated with the claim,
2reimburse the employer for attorneys fee arising from the
3challenge and for any payment required of the employer to the
4Rate Adjustment Fund or the Second Injury Fund, and may not
5effect the loss or expense for rate making purposes. The
6employee shall not be required to refund the challenged
7payment. The decision of the Commission may be reviewed in the
8same manner as in arbitrated cases. No challenge may be
9initiated under this paragraph more than 3 years after the
10payment is made. An employer may waive the right of challenge
11under this paragraph on a case by case basis.
12    (m) After filing an application for adjustment of claim but
13prior to the hearing on arbitration the parties may voluntarily
14agree to submit such application for adjustment of claim for
15decision by an arbitrator under this subsection (m) where such
16application for adjustment of claim raises only a dispute over
17temporary total disability, permanent partial disability or
18medical expenses. Such agreement shall be in writing in such
19form as provided by the Commission. Applications for adjustment
20of claim submitted for decision by an arbitrator under this
21subsection (m) shall proceed according to rule as established
22by the Commission. The Commission shall promulgate rules
23including, but not limited to, rules to ensure that the parties
24are adequately informed of their rights under this subsection
25(m) and of the voluntary nature of proceedings under this
26subsection (m). The findings of fact made by an arbitrator

 

 

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1acting within his or her powers under this subsection (m) in
2the absence of fraud shall be conclusive. However, the
3arbitrator may on his own motion, or the motion of either
4party, correct any clerical errors or errors in computation
5within 15 days after the date of receipt of such award of the
6arbitrator and shall have the power to recall the original
7award on arbitration, and issue in lieu thereof such corrected
8award. The decision of the arbitrator under this subsection (m)
9shall be considered the decision of the Commission and
10proceedings for review of questions of law arising from the
11decision may be commenced by either party pursuant to
12subsection (f) of Section 19. The Advisory Board established
13under Section 13.1 of the Workers' Compensation Act shall
14compile a list of certified Commission arbitrators, each of
15whom shall be approved by at least 7 members of the Advisory
16Board. The chairman shall select 5 persons from such list to
17serve as arbitrators under this subsection (m). By agreement,
18the parties shall select one arbitrator from among the 5
19persons selected by the chairman except, that if the parties do
20not agree on an arbitrator from among the 5 persons, the
21parties may, by agreement, select an arbitrator of the American
22Arbitration Association, whose fee shall be paid by the State
23in accordance with rules promulgated by the Commission.
24Arbitration under this subsection (m) shall be voluntary.
25(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
 

 

 

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1    (820 ILCS 310/19a)  (from Ch. 48, par. 172.54b)
2    Sec. 19a. Money received by the Commission pursuant to
3subsection (f) of Section 19 of this Act shall be paid into a
4trust fund outside the State Treasury and shall be held in such
5fund until completion of the record for which the payment was
6made. The Secretary of the Commission shall be ex-officio
7custodian of such trust fund which shall be used only for the
8purpose specified in this section. Upon completion of the
9record the Secretary shall pay the amount so held to the person
10entitled thereto for preparation of the record. Within 60 days
11after the effective date of this amendatory Act of the 98th
12General Assembly, the Secretary of the Commission shall
13transfer all remaining funds to the Injured Workers' Benefit
14Fund for the purpose of paying claims from injured employees
15who have received a final award for benefits from the
16Commission against the employer in Fiscal Year 2013.
17(Source: Laws 1967, p. 325.)
 
18    (820 ILCS 310/19.5)  (from Ch. 48, par. 172.54-1)
19    Sec. 19.5. If the Commission shall, before or after any
20hearing, proceeding, or review to any court, be satisfied that
21the employee is a poor person, and unable to pay the costs and
22expenses provided for by this Act, the Commission shall permit
23such poor person to have all the rights and remedies provided
24by this Act, including the issuance and service of subpoenas; a
25transcript of testimony and the record of proceedings,

 

 

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1including photostatic copies of exhibits, at hearings before an
2Arbitrator or the Commission; the right to have the record of
3proceedings certified to the circuit court; the right to the
4filing of a written request for summons; and the right to the
5issuance of summons, without the filing of a bond for costs and
6without the payment of any of the costs provided for by this
7Act. If an award is granted to such employee, or settlement is
8made, the costs and expenses chargeable to the employee as
9provided for by this Act shall be paid by the employer out of
10the award herein granted, or settlement, before any of the
11balance of the award or settlement is paid to the employee.
12(Source: P.A. 86-998; 87-895.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.