HB3390sam001 98TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 5/6/2013

 

 


 

 


 
09800HB3390sam001LRB098 07552 DRJ 45458 a

1
AMENDMENT TO HOUSE BILL 3390

2    AMENDMENT NO. ______. Amend House Bill 3390 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Workers' Compensation Act is amended by
5changing Sections 5, 8, 8.1b, 9, 14, 15a, 16a, 19, 19a, and 20
6as follows:
 
7    (820 ILCS 305/5)  (from Ch. 48, par. 138.5)
8    (Text of Section WITHOUT the changes made by P.A. 89-7,
9which has been held unconstitutional)
10    Sec. 5. (a) No common law or statutory right to recover
11damages from the employer, his insurer, his broker, any service
12organization that is wholly owned retained by the employer, his
13insurer or his broker and that provides to provide safety
14service, advice or recommendations for the employer or the
15agents or employees of any of them for injury or death
16sustained by any employee while engaged in the line of his duty

 

 

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1as such employee, other than the compensation herein provided,
2is available to any employee who is covered by the provisions
3of this Act, to any one wholly or partially dependent upon him,
4the legal representatives of his estate, or any one otherwise
5entitled to recover damages for such injury.
6    However, in any action now pending or hereafter begun to
7enforce a common law or statutory right to recover damages for
8negligently causing the injury or death of any employee it is
9not necessary to allege in the complaint that either the
10employee or the employer or both were not governed by the
11provisions of this Act or of any similar Act in force in this
12or any other State.
13    Any illegally employed minor or his legal representatives
14shall, except as hereinafter provided, have the right within 6
15months after the time of injury or death, or within 6 months
16after the appointment of a legal representative, whichever
17shall be later, to file with the Commission a rejection of his
18right to the benefits under this Act, in which case such
19illegally employed minor or his legal representatives shall
20have the right to pursue his or their common law or statutory
21remedies to recover damages for such injury or death.
22    No payment of compensation under this Act shall be made to
23an illegally employed minor, or his legal representatives,
24unless such payment and the waiver of his right to reject the
25benefits of this Act has first been approved by the Commission
26or any member thereof, and if such payment and the waiver of

 

 

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1his right of rejection has been so approved such payment is a
2bar to a subsequent rejection of the provisions of this Act.
3    (b) Where the injury or death for which compensation is
4payable under this Act was caused under circumstances creating
5a legal liability for damages on the part of some person other
6than his employer to pay damages, then legal proceedings may be
7taken against such other person to recover damages
8notwithstanding such employer's payment of or liability to pay
9compensation under this Act. In such case, however, if the
10action against such other person is brought by the injured
11employee or his personal representative and judgment is
12obtained and paid, or settlement is made with such other
13person, either with or without suit, then from the amount
14received by such employee or personal representative there
15shall be paid to the employer the amount of compensation paid
16or to be paid by him to such employee or personal
17representative including amounts paid or to be paid pursuant to
18paragraph (a) of Section 8 of this Act.
19    Out of any reimbursement received by the employer pursuant
20to this Section the employer shall pay his pro rata share of
21all costs and reasonably necessary expenses in connection with
22such third-party claim, action or suit and where the services
23of an attorney at law of the employee or dependents have
24resulted in or substantially contributed to the procurement by
25suit, settlement or otherwise of the proceeds out of which the
26employer is reimbursed, then, in the absence of other

 

 

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1agreement, the employer shall pay such attorney 25% of the
2gross amount of such reimbursement.
3    If the injured employee or his personal representative
4agrees to receive compensation from the employer or accept from
5the employer any payment on account of such compensation, or to
6institute proceedings to recover the same, the employer may
7have or claim a lien upon any award, judgment or fund out of
8which such employee might be compensated from such third party.
9    In such actions brought by the employee or his personal
10representative, he shall forthwith notify his employer by
11personal service or registered mail, of such fact and of the
12name of the court in which the suit is brought, filing proof
13thereof in the action. The employer may, at any time thereafter
14join in the action upon his motion so that all orders of court
15after hearing and judgment shall be made for his protection. No
16release or settlement of claim for damages by reason of such
17injury or death, and no satisfaction of judgment in such
18proceedings shall be valid without the written consent of both
19employer and employee or his personal representative, except in
20the case of the employers, such consent is not required where
21the employer has been fully indemnified or protected by Court
22order.
23    In the event the employee or his personal representative
24fails to institute a proceeding against such third person at
25any time prior to 3 months before such action would be barred,
26the employer may in his own name or in the name of the

 

 

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1employee, or his personal representative, commence a
2proceeding against such other person for the recovery of
3damages on account of such injury or death to the employee, and
4out of any amount recovered the employer shall pay over to the
5injured employee or his personal representatives all sums
6collected from such other person by judgment or otherwise in
7excess of the amount of such compensation paid or to be paid
8under this Act, including amounts paid or to be paid pursuant
9to paragraph (a) of Section 8 of this Act, and costs,
10attorney's fees and reasonable expenses as may be incurred by
11such employer in making such collection or in enforcing such
12liability.
13(Source: P.A. 79-79.)
 
14    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
15    Sec. 8. The amount of compensation which shall be paid to
16the employee for an accidental injury not resulting in death
17is:
18    (a) The employer shall provide and pay the negotiated rate,
19if applicable, or the lesser of the health care provider's
20actual charges or according to a fee schedule, subject to
21Section 8.2, in effect at the time the service was rendered for
22all the necessary first aid, medical and surgical services, and
23all necessary medical, surgical and hospital services
24thereafter incurred, limited, however, to that which is
25reasonably required to cure or relieve from the effects of the

 

 

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

 

 

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

 

 

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1temporary total disability rate determined for the employee. In
2addition, maintenance shall include costs and expenses
3incidental to the vocational rehabilitation program.
4    When the employee is working light duty on a part-time
5basis or full-time basis and earns less than he or she would be
6earning if employed in the full capacity of the job or jobs,
7then the employee shall be entitled to temporary partial
8disability benefits. Temporary partial disability benefits
9shall be equal to two-thirds of the difference between the
10average amount that the employee would be able to earn in the
11full performance of his or her duties in the occupation in
12which he or she was engaged at the time of accident and the
13gross amount which he or she is earning in the modified job
14provided to the employee by the employer or in any other job
15that the employee is working.
16    Every hospital, physician, surgeon or other person
17rendering treatment or services in accordance with the
18provisions of this Section shall upon written request furnish
19full and complete reports thereof to, and permit their records
20to be copied by, the employer, the employee or his dependents,
21as the case may be, or any other party to any proceeding for
22compensation before the Commission, or their attorneys.
23    Notwithstanding the foregoing, the employer's liability to
24pay for such medical services selected by the employee shall be
25limited to:
26        (1) all first aid and emergency treatment; plus

 

 

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

 

 

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1    employee sustained his or her accidental injuries:
2            (A) The employer shall, in writing, on a form
3        promulgated by the Commission, inform the employee of
4        the preferred provider program;
5            (B) Subsequent to the report of an injury by an
6        employee, the employee may choose in writing at any
7        time to decline the preferred provider program, in
8        which case that would constitute one of the two choices
9        of medical providers to which the employee is entitled
10        under subsection (a)(2) or (a)(3); and
11            (C) Prior to the report of an injury by an
12        employee, when an employee chooses non-emergency
13        treatment from a provider not within the preferred
14        provider program, that would constitute the employee's
15        one choice of medical providers to which the employee
16        is entitled under subsection (a)(2) or (a)(3).
17    When an employer and employee so agree in writing, nothing
18in this Act prevents an employee whose injury or disability has
19been established under this Act, from relying in good faith, on
20treatment by prayer or spiritual means alone, in accordance
21with the tenets and practice of a recognized church or
22religious denomination, by a duly accredited practitioner
23thereof, and having nursing services appropriate therewith,
24without suffering loss or diminution of the compensation
25benefits under this Act. However, the employee shall submit to
26all physical examinations required by this Act. The cost of

 

 

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

 

 

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

 

 

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

 

 

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1    child of the employee including any child legally adopted
2    before the accident or whom at the time of the accident the
3    employee was under legal obligation to support or to whom
4    the employee stood in loco parentis, and who at the time of
5    the accident was under 18 years of age and not emancipated.
6    The term "children" means the plural of "child".
7        4. All weekly compensation rates provided under
8    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
9    Section shall be subject to the following limitations:
10        The maximum weekly compensation rate from July 1, 1975,
11    except as hereinafter provided, shall be 100% of the
12    State's average weekly wage in covered industries under the
13    Unemployment Insurance Act, that being the wage that most
14    closely approximates the State's average weekly wage.
15        The maximum weekly compensation rate, for the period
16    July 1, 1984, through June 30, 1987, except as hereinafter
17    provided, shall be $293.61. Effective July 1, 1987 and on
18    July 1 of each year thereafter the maximum weekly
19    compensation rate, except as hereinafter provided, shall
20    be determined as follows: if during the preceding 12 month
21    period there shall have been an increase in the State's
22    average weekly wage in covered industries under the
23    Unemployment Insurance Act, the weekly compensation rate
24    shall be proportionately increased by the same percentage
25    as the percentage of increase in the State's average weekly
26    wage in covered industries under the Unemployment

 

 

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1    Insurance Act during such period.
2        The maximum weekly compensation rate, for the period
3    January 1, 1981 through December 31, 1983, except as
4    hereinafter provided, shall be 100% of the State's average
5    weekly wage in covered industries under the Unemployment
6    Insurance Act in effect on January 1, 1981. Effective
7    January 1, 1984 and on January 1, of each year thereafter
8    the maximum weekly compensation rate, except as
9    hereinafter provided, shall be determined as follows: if
10    during the preceding 12 month period there shall have been
11    an increase in the State's average weekly wage in covered
12    industries under the Unemployment Insurance Act, the
13    weekly compensation rate shall be proportionately
14    increased by the same percentage as the percentage of
15    increase in the State's average weekly wage in covered
16    industries under the Unemployment Insurance Act during
17    such period.
18        From July 1, 1977 and thereafter such maximum weekly
19    compensation rate in death cases under Section 7, and
20    permanent total disability cases under paragraph (f) or
21    subparagraph 18 of paragraph (3) of this Section and for
22    temporary total disability under paragraph (b) of this
23    Section and for amputation of a member or enucleation of an
24    eye under paragraph (e) of this Section shall be increased
25    to 133-1/3% of the State's average weekly wage in covered
26    industries under the Unemployment Insurance Act.

 

 

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1        For injuries occurring on or after February 1, 2006,
2    the maximum weekly benefit under paragraph (d)1 of this
3    Section shall be 100% of the State's average weekly wage in
4    covered industries under the Unemployment Insurance Act.
5        4.1. Any provision herein to the contrary
6    notwithstanding, the weekly compensation rate for
7    compensation payments under subparagraph 18 of paragraph
8    (e) of this Section and under paragraph (f) of this Section
9    and under paragraph (a) of Section 7 and for amputation of
10    a member or enucleation of an eye under paragraph (e) of
11    this Section, shall in no event be less than 50% of the
12    State's average weekly wage in covered industries under the
13    Unemployment Insurance Act.
14        4.2. Any provision to the contrary notwithstanding,
15    the total compensation payable under Section 7 shall not
16    exceed the greater of $500,000 or 25 years.
17        5. For the purpose of this Section this State's average
18    weekly wage in covered industries under the Unemployment
19    Insurance Act on July 1, 1975 is hereby fixed at $228.16
20    per week and the computation of compensation rates shall be
21    based on the aforesaid average weekly wage until modified
22    as hereinafter provided.
23        6. The Department of Employment Security of the State
24    shall on or before the first day of December, 1977, and on
25    or before the first day of June, 1978, and on the first day
26    of each December and June of each year thereafter, publish

 

 

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1    the State's average weekly wage in covered industries under
2    the Unemployment Insurance Act and the Illinois Workers'
3    Compensation Commission shall on the 15th day of January,
4    1978 and on the 15th day of July, 1978 and on the 15th day
5    of each January and July of each year thereafter, post and
6    publish the State's average weekly wage in covered
7    industries under the Unemployment Insurance Act as last
8    determined and published by the Department of Employment
9    Security. The amount when so posted and published shall be
10    conclusive and shall be applicable as the basis of
11    computation of compensation rates until the next posting
12    and publication as aforesaid.
13        7. The payment of compensation by an employer or his
14    insurance carrier to an injured employee shall not
15    constitute an admission of the employer's liability to pay
16    compensation.
17    (c) For any serious and permanent disfigurement to the
18hand, head, face, neck, arm, leg below the knee or the chest
19above the axillary line, the employee is entitled to
20compensation for such disfigurement, the amount determined by
21agreement at any time or by arbitration under this Act, at a
22hearing not less than 6 months after the date of the accidental
23injury, which amount shall not exceed 150 weeks (if the
24accidental injury occurs on or after the effective date of this
25amendatory Act of the 94th General Assembly but before February
261, 2006) or 162 weeks (if the accidental injury occurs on or

 

 

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1after February 1, 2006) at the applicable rate provided in
2subparagraph 2.1 of paragraph (b) of this Section.
3    No compensation is payable under this paragraph where
4compensation is payable under paragraphs (d), (e) or (f) of
5this Section.
6    A duly appointed member of a fire department in a city, the
7population of which exceeds 500,000 according to the last
8federal or State census, is eligible for compensation under
9this paragraph only where such serious and permanent
10disfigurement results from burns.
11    (d) 1. If, after the accidental injury has been sustained,
12the employee as a result thereof becomes partially
13incapacitated from pursuing his usual and customary line of
14employment, he shall, except in cases compensated under the
15specific schedule set forth in paragraph (e) of this Section,
16receive compensation for the duration of his disability,
17subject to the limitations as to maximum amounts fixed in
18paragraph (b) of this Section, equal to 66-2/3% of the
19difference between the average amount which he would be able to
20earn in the full performance of his duties in the occupation in
21which he was engaged at the time of the accident and the
22average amount which he is earning or is able to earn in some
23suitable employment or business after the accident. For
24accidental injuries that occur on or after September 1, 2011,
25an award for wage differential under this subsection shall be
26effective only until the employee reaches the age of 67 or 5

 

 

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

 

 

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1fractured vertebra, and in the event the employee shall have
2sustained a fracture of any of the following facial bones:
3nasal, lachrymal, vomer, zygoma, maxilla, palatine or
4mandible, the amount of compensation allowed under this Section
5shall be not less than 2 weeks for each such fractured bone,
6and for a fracture of each transverse process not less than 3
7weeks. In the event such injuries shall result in the loss of a
8kidney, spleen or lung, the amount of compensation allowed
9under this Section shall be not less than 10 weeks for each
10such organ. Compensation awarded under this subparagraph 2
11shall not take into consideration injuries covered under
12paragraphs (c) and (e) of this Section and the compensation
13provided in this paragraph shall not affect the employee's
14right to compensation payable under paragraphs (b), (c) and (e)
15of this Section for the disabilities therein covered.
16    (e) For accidental injuries in the following schedule, the
17employee shall receive compensation for the period of temporary
18total incapacity for work resulting from such accidental
19injury, under subparagraph 1 of paragraph (b) of this Section,
20and shall receive in addition thereto compensation for a
21further period for the specific loss herein mentioned, but
22shall not receive any compensation under any other provisions
23of this Act. The following listed amounts apply to either the
24loss of or the permanent and complete loss of use of the member
25specified, such compensation for the length of time as follows:
26        1. Thumb-

 

 

09800HB3390sam001- 21 -LRB098 07552 DRJ 45458 a

1            70 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            76 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6        2. First, or index finger-
7            40 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            43 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        3. Second, or middle finger-
13            35 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            38 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        4. Third, or ring finger-
19            25 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            27 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        5. Fourth, or little finger-
25            20 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

09800HB3390sam001- 22 -LRB098 07552 DRJ 45458 a

1        94th General Assembly but before February 1, 2006.
2            22 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        6. Great toe-
5            35 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            38 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        7. Each toe other than great toe-
11            12 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            13 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        8. The loss of the first or distal phalanx of the thumb
17    or of any finger or toe shall be considered to be equal to
18    the loss of one-half of such thumb, finger or toe and the
19    compensation payable shall be one-half of the amount above
20    specified. The loss of more than one phalanx shall be
21    considered as the loss of the entire thumb, finger or toe.
22    In no case shall the amount received for more than one
23    finger exceed the amount provided in this schedule for the
24    loss of a hand.
25        9. Hand-
26            190 weeks if the accidental injury occurs on or

 

 

09800HB3390sam001- 23 -LRB098 07552 DRJ 45458 a

1        after the effective date of this amendatory Act of the
2        94th General Assembly but before February 1, 2006.
3            205 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5            190 weeks if the accidental injury occurs on or
6        after June 28, 2011 (the effective date of Public Act
7        97-18) and if the accidental injury involves carpal
8        tunnel syndrome due to repetitive or cumulative
9        trauma, in which case the permanent partial disability
10        shall not exceed 15% loss of use of the hand, except
11        for cause shown by clear and convincing evidence and in
12        which case the award shall not exceed 30% loss of use
13        of the hand.
14        The loss of 2 or more digits, or one or more phalanges
15    of 2 or more digits, of a hand may be compensated on the
16    basis of partial loss of use of a hand, provided, further,
17    that the loss of 4 digits, or the loss of use of 4 digits,
18    in the same hand shall constitute the complete loss of a
19    hand.
20        10. Arm-
21            235 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            253 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        Where an accidental injury results in the amputation of

 

 

09800HB3390sam001- 24 -LRB098 07552 DRJ 45458 a

1    an arm below the elbow, such injury shall be compensated as
2    a loss of an arm. Where an accidental injury results in the
3    amputation of an arm above the elbow, compensation for an
4    additional 15 weeks (if the accidental injury occurs on or
5    after the effective date of this amendatory Act of the 94th
6    General Assembly but before February 1, 2006) or an
7    additional 17 weeks (if the accidental injury occurs on or
8    after February 1, 2006) shall be paid, except where the
9    accidental injury results in the amputation of an arm at
10    the shoulder joint, or so close to shoulder joint that an
11    artificial arm cannot be used, or results in the
12    disarticulation of an arm at the shoulder joint, in which
13    case compensation for an additional 65 weeks (if the
14    accidental injury occurs on or after the effective date of
15    this amendatory Act of the 94th General Assembly but before
16    February 1, 2006) or an additional 70 weeks (if the
17    accidental injury occurs on or after February 1, 2006)
18    shall be paid. For purposes of awards under this
19    subdivision (e), injuries to the shoulder shall be
20    considered to be injuries to part of the arm. This
21    amendatory Act of the 98th General Assembly is declarative
22    of existing law and is not a new enactment.
23        11. Foot-
24            155 weeks if the accidental injury occurs on or
25        after the effective date of this amendatory Act of the
26        94th General Assembly but before February 1, 2006.

 

 

09800HB3390sam001- 25 -LRB098 07552 DRJ 45458 a

1            167 weeks if the accidental injury occurs on or
2        after February 1, 2006.
3        12. Leg-
4            200 weeks if the accidental injury occurs on or
5        after the effective date of this amendatory Act of the
6        94th General Assembly but before February 1, 2006.
7            215 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        Where an accidental injury results in the amputation of
10    a leg below the knee, such injury shall be compensated as
11    loss of a leg. Where an accidental injury results in the
12    amputation of a leg above the knee, compensation for an
13    additional 25 weeks (if the accidental injury occurs on or
14    after the effective date of this amendatory Act of the 94th
15    General Assembly but before February 1, 2006) or an
16    additional 27 weeks (if the accidental injury occurs on or
17    after February 1, 2006) shall be paid, except where the
18    accidental injury results in the amputation of a leg at the
19    hip joint, or so close to the hip joint that an artificial
20    leg cannot be used, or results in the disarticulation of a
21    leg at the hip joint, in which case compensation for an
22    additional 75 weeks (if the accidental injury occurs on or
23    after the effective date of this amendatory Act of the 94th
24    General Assembly but before February 1, 2006) or an
25    additional 81 weeks (if the accidental injury occurs on or
26    after February 1, 2006) shall be paid.

 

 

09800HB3390sam001- 26 -LRB098 07552 DRJ 45458 a

1        13. Eye-
2            150 weeks if the accidental injury occurs on or
3        after the effective date of this amendatory Act of the
4        94th General Assembly but before February 1, 2006.
5            162 weeks if the accidental injury occurs on or
6        after February 1, 2006.
7        Where an accidental injury results in the enucleation
8    of an eye, compensation for an additional 10 weeks (if the
9    accidental injury occurs on or after the effective date of
10    this amendatory Act of the 94th General Assembly but before
11    February 1, 2006) or an additional 11 weeks (if the
12    accidental injury occurs on or after February 1, 2006)
13    shall be paid.
14        14. Loss of hearing of one ear-
15            50 weeks if the accidental injury occurs on or
16        after the effective date of this amendatory Act of the
17        94th General Assembly but before February 1, 2006.
18            54 weeks if the accidental injury occurs on or
19        after February 1, 2006.
20        Total and permanent loss of hearing of both ears-
21            200 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            215 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        15. Testicle-

 

 

09800HB3390sam001- 27 -LRB098 07552 DRJ 45458 a

1            50 weeks if the accidental injury occurs on or
2        after the effective date of this amendatory Act of the
3        94th General Assembly but before February 1, 2006.
4            54 weeks if the accidental injury occurs on or
5        after February 1, 2006.
6        Both testicles-
7            150 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            162 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        16. For the permanent partial loss of use of a member
13    or sight of an eye, or hearing of an ear, compensation
14    during that proportion of the number of weeks in the
15    foregoing schedule provided for the loss of such member or
16    sight of an eye, or hearing of an ear, which the partial
17    loss of use thereof bears to the total loss of use of such
18    member, or sight of eye, or hearing of an ear.
19            (a) Loss of hearing for compensation purposes
20        shall be confined to the frequencies of 1,000, 2,000
21        and 3,000 cycles per second. Loss of hearing ability
22        for frequency tones above 3,000 cycles per second are
23        not to be considered as constituting disability for
24        hearing.
25            (b) The percent of hearing loss, for purposes of
26        the determination of compensation claims for

 

 

09800HB3390sam001- 28 -LRB098 07552 DRJ 45458 a

1        occupational deafness, shall be calculated as the
2        average in decibels for the thresholds of hearing for
3        the frequencies of 1,000, 2,000 and 3,000 cycles per
4        second. Pure tone air conduction audiometric
5        instruments, approved by nationally recognized
6        authorities in this field, shall be used for measuring
7        hearing loss. If the losses of hearing average 30
8        decibels or less in the 3 frequencies, such losses of
9        hearing shall not then constitute any compensable
10        hearing disability. If the losses of hearing average 85
11        decibels or more in the 3 frequencies, then the same
12        shall constitute and be total or 100% compensable
13        hearing loss.
14            (c) In measuring hearing impairment, the lowest
15        measured losses in each of the 3 frequencies shall be
16        added together and divided by 3 to determine the
17        average decibel loss. For every decibel of loss
18        exceeding 30 decibels an allowance of 1.82% shall be
19        made up to the maximum of 100% which is reached at 85
20        decibels.
21            (d) If a hearing loss is established to have
22        existed on July 1, 1975 by audiometric testing the
23        employer shall not be liable for the previous loss so
24        established nor shall he be liable for any loss for
25        which compensation has been paid or awarded.
26            (e) No consideration shall be given to the question

 

 

09800HB3390sam001- 29 -LRB098 07552 DRJ 45458 a

1        of whether or not the ability of an employee to
2        understand speech is improved by the use of a hearing
3        aid.
4            (f) No claim for loss of hearing due to industrial
5        noise shall be brought against an employer or allowed
6        unless the employee has been exposed for a period of
7        time sufficient to cause permanent impairment to noise
8        levels in excess of the following:
9Sound Level DBA
10Slow ResponseHours Per Day
11908
12926
13954
14973
151002
161021-1/2
171051
181101/2
191151/4
20        This subparagraph (f) shall not be applied in cases of
21    hearing loss resulting from trauma or explosion.
22        17. In computing the compensation to be paid to any
23    employee who, before the accident for which he claims
24    compensation, had before that time sustained an injury
25    resulting in the loss by amputation or partial loss by
26    amputation of any member, including hand, arm, thumb or

 

 

09800HB3390sam001- 30 -LRB098 07552 DRJ 45458 a

1    fingers, leg, foot or any toes, such loss or partial loss
2    of any such member shall be deducted from any award made
3    for the subsequent injury. For the permanent loss of use or
4    the permanent partial loss of use of any such member or the
5    partial loss of sight of an eye, for which compensation has
6    been paid, then such loss shall be taken into consideration
7    and deducted from any award for the subsequent injury.
8        18. The specific case of loss of both hands, both arms,
9    or both feet, or both legs, or both eyes, or of any two
10    thereof, or the permanent and complete loss of the use
11    thereof, constitutes total and permanent disability, to be
12    compensated according to the compensation fixed by
13    paragraph (f) of this Section. These specific cases of
14    total and permanent disability do not exclude other cases.
15        Any employee who has previously suffered the loss or
16    permanent and complete loss of the use of any of such
17    members, and in a subsequent independent accident loses
18    another or suffers the permanent and complete loss of the
19    use of any one of such members the employer for whom the
20    injured employee is working at the time of the last
21    independent accident is liable to pay compensation only for
22    the loss or permanent and complete loss of the use of the
23    member occasioned by the last independent accident.
24        19. In a case of specific loss and the subsequent death
25    of such injured employee from other causes than such injury
26    leaving a widow, widower, or dependents surviving before

 

 

09800HB3390sam001- 31 -LRB098 07552 DRJ 45458 a

1    payment or payment in full for such injury, then the amount
2    due for such injury is payable to the widow or widower and,
3    if there be no widow or widower, then to such dependents,
4    in the proportion which such dependency bears to total
5    dependency.
6    Beginning July 1, 1980, and every 6 months thereafter, the
7Commission shall examine the Second Injury Fund and when, after
8deducting all advances or loans made to such Fund, the amount
9therein is $500,000 then the amount required to be paid by
10employers pursuant to paragraph (f) of Section 7 shall be
11reduced by one-half. When the Second Injury Fund reaches the
12sum of $600,000 then the payments shall cease entirely.
13However, when the Second Injury Fund has been reduced to
14$400,000, payment of one-half of the amounts required by
15paragraph (f) of Section 7 shall be resumed, in the manner
16herein provided, and when the Second Injury Fund has been
17reduced to $300,000, payment of the full amounts required by
18paragraph (f) of Section 7 shall be resumed, in the manner
19herein provided. The Commission shall make the changes in
20payment effective by general order, and the changes in payment
21become immediately effective for all cases coming before the
22Commission thereafter either by settlement agreement or final
23order, irrespective of the date of the accidental injury.
24    On August 1, 1996 and on February 1 and August 1 of each
25subsequent year, the Commission shall examine the special fund
26designated as the "Rate Adjustment Fund" and when, after

 

 

09800HB3390sam001- 32 -LRB098 07552 DRJ 45458 a

1deducting all advances or loans made to said fund, the amount
2therein is $4,000,000, the amount required to be paid by
3employers pursuant to paragraph (f) of Section 7 shall be
4reduced by one-half. When the Rate Adjustment Fund reaches the
5sum of $5,000,000 the payment therein shall cease entirely.
6However, when said Rate Adjustment Fund has been reduced to
7$3,000,000 the amounts required by paragraph (f) of Section 7
8shall be resumed in the manner herein provided.
9    (f) In case of complete disability, which renders the
10employee wholly and permanently incapable of work, or in the
11specific case of total and permanent disability as provided in
12subparagraph 18 of paragraph (e) of this Section, compensation
13shall be payable at the rate provided in subparagraph 2 of
14paragraph (b) of this Section for life.
15    An employee entitled to benefits under paragraph (f) of
16this Section shall also be entitled to receive from the Rate
17Adjustment Fund provided in paragraph (f) of Section 7 of the
18supplementary benefits provided in paragraph (g) of this
19Section 8.
20    If any employee who receives an award under this paragraph
21afterwards returns to work or is able to do so, and earns or is
22able to earn as much as before the accident, payments under
23such award shall cease. If such employee returns to work, or is
24able to do so, and earns or is able to earn part but not as much
25as before the accident, such award shall be modified so as to
26conform to an award under paragraph (d) of this Section. If

 

 

09800HB3390sam001- 33 -LRB098 07552 DRJ 45458 a

1such award is terminated or reduced under the provisions of
2this paragraph, such employees have the right at any time
3within 30 months after the date of such termination or
4reduction to file petition with the Commission for the purpose
5of determining whether any disability exists as a result of the
6original accidental injury and the extent thereof.
7    Disability as enumerated in subdivision 18, paragraph (e)
8of this Section is considered complete disability.
9    If an employee who had previously incurred loss or the
10permanent and complete loss of use of one member, through the
11loss or the permanent and complete loss of the use of one hand,
12one arm, one foot, one leg, or one eye, incurs permanent and
13complete disability through the loss or the permanent and
14complete loss of the use of another member, he shall receive,
15in addition to the compensation payable by the employer and
16after such payments have ceased, an amount from the Second
17Injury Fund provided for in paragraph (f) of Section 7, which,
18together with the compensation payable from the employer in
19whose employ he was when the last accidental injury was
20incurred, will equal the amount payable for permanent and
21complete disability as provided in this paragraph of this
22Section.
23    The custodian of the Second Injury Fund provided for in
24paragraph (f) of Section 7 shall be joined with the employer as
25a party respondent in the application for adjustment of claim.
26The application for adjustment of claim shall state briefly and

 

 

09800HB3390sam001- 34 -LRB098 07552 DRJ 45458 a

1in general terms the approximate time and place and manner of
2the loss of the first member.
3    In its award the Commission or the Arbitrator shall
4specifically find the amount the injured employee shall be
5weekly paid, the number of weeks compensation which shall be
6paid by the employer, the date upon which payments begin out of
7the Second Injury Fund provided for in paragraph (f) of Section
87 of this Act, the length of time the weekly payments continue,
9the date upon which the pension payments commence and the
10monthly amount of the payments. The Commission shall 30 days
11after the date upon which payments out of the Second Injury
12Fund have begun as provided in the award, and every month
13thereafter, prepare and submit to the State Comptroller a
14voucher for payment for all compensation accrued to that date
15at the rate fixed by the Commission. The State Comptroller
16shall draw a warrant to the injured employee along with a
17receipt to be executed by the injured employee and returned to
18the Commission. The endorsed warrant and receipt is a full and
19complete acquittance to the Commission for the payment out of
20the Second Injury Fund. No other appropriation or warrant is
21necessary for payment out of the Second Injury Fund. The Second
22Injury Fund is appropriated for the purpose of making payments
23according to the terms of the awards.
24    As of July 1, 1980 to July 1, 1982, all claims against and
25obligations of the Second Injury Fund shall become claims
26against and obligations of the Rate Adjustment Fund to the

 

 

09800HB3390sam001- 35 -LRB098 07552 DRJ 45458 a

1extent there is insufficient money in the Second Injury Fund to
2pay such claims and obligations. In that case, all references
3to "Second Injury Fund" in this Section shall also include the
4Rate Adjustment Fund.
5    (g) Every award for permanent total disability entered by
6the Commission on and after July 1, 1965 under which
7compensation payments shall become due and payable after the
8effective date of this amendatory Act, and every award for
9death benefits or permanent total disability entered by the
10Commission on and after the effective date of this amendatory
11Act shall be subject to annual adjustments as to the amount of
12the compensation rate therein provided. Such adjustments shall
13first be made on July 15, 1977, and all awards made and entered
14prior to July 1, 1975 and on July 15 of each year thereafter.
15In all other cases such adjustment shall be made on July 15 of
16the second year next following the date of the entry of the
17award and shall further be made on July 15 annually thereafter.
18If during the intervening period from the date of the entry of
19the award, or the last periodic adjustment, there shall have
20been an increase in the State's average weekly wage in covered
21industries under the Unemployment Insurance Act, the weekly
22compensation rate shall be proportionately increased by the
23same percentage as the percentage of increase in the State's
24average weekly wage in covered industries under the
25Unemployment Insurance Act. The increase in the compensation
26rate under this paragraph shall in no event bring the total

 

 

09800HB3390sam001- 36 -LRB098 07552 DRJ 45458 a

1compensation rate to an amount greater than the prevailing
2maximum rate at the time that the annual adjustment is made.
3Such increase shall be paid in the same manner as herein
4provided for payments under the Second Injury Fund to the
5injured employee, or his dependents, as the case may be, out of
6the Rate Adjustment Fund provided in paragraph (f) of Section 7
7of this Act. Payments shall be made at the same intervals as
8provided in the award or, at the option of the Commission, may
9be made in quarterly payment on the 15th day of January, April,
10July and October of each year. In the event of a decrease in
11such average weekly wage there shall be no change in the then
12existing compensation rate. The within paragraph shall not
13apply to cases where there is disputed liability and in which a
14compromise lump sum settlement between the employer and the
15injured employee, or his dependents, as the case may be, has
16been duly approved by the Illinois Workers' Compensation
17Commission.
18    Provided, that in cases of awards entered by the Commission
19for injuries occurring before July 1, 1975, the increases in
20the compensation rate adjusted under the foregoing provision of
21this paragraph (g) shall be limited to increases in the State's
22average weekly wage in covered industries under the
23Unemployment Insurance Act occurring after July 1, 1975.
24    For every accident occurring on or after July 20, 2005 but
25before the effective date of this amendatory Act of the 94th
26General Assembly (Senate Bill 1283 of the 94th General

 

 

09800HB3390sam001- 37 -LRB098 07552 DRJ 45458 a

1Assembly), the annual adjustments to the compensation rate in
2awards for death benefits or permanent total disability, as
3provided in this Act, shall be paid by the employer. The
4adjustment shall be made by the employer on July 15 of the
5second year next following the date of the entry of the award
6and shall further be made on July 15 annually thereafter. If
7during the intervening period from the date of the entry of the
8award, or the last periodic adjustment, there shall have been
9an increase in the State's average weekly wage in covered
10industries under the Unemployment Insurance Act, the employer
11shall increase the weekly compensation rate proportionately by
12the same percentage as the percentage of increase in the
13State's average weekly wage in covered industries under the
14Unemployment Insurance Act. The increase in the compensation
15rate under this paragraph shall in no event bring the total
16compensation rate to an amount greater than the prevailing
17maximum rate at the time that the annual adjustment is made. In
18the event of a decrease in such average weekly wage there shall
19be no change in the then existing compensation rate. Such
20increase shall be paid by the employer in the same manner and
21at the same intervals as the payment of compensation in the
22award. This paragraph shall not apply to cases where there is
23disputed liability and in which a compromise lump sum
24settlement between the employer and the injured employee, or
25his or her dependents, as the case may be, has been duly
26approved by the Illinois Workers' Compensation Commission.

 

 

09800HB3390sam001- 38 -LRB098 07552 DRJ 45458 a

1    The annual adjustments for every award of death benefits or
2permanent total disability involving accidents occurring
3before July 20, 2005 and accidents occurring on or after the
4effective date of this amendatory Act of the 94th General
5Assembly (Senate Bill 1283 of the 94th General Assembly) shall
6continue to be paid from the Rate Adjustment Fund pursuant to
7this paragraph and Section 7(f) of this Act.
8    (h) In case death occurs from any cause before the total
9compensation to which the employee would have been entitled has
10been paid, then in case the employee leaves any widow, widower,
11child, parent (or any grandchild, grandparent or other lineal
12heir or any collateral heir dependent at the time of the
13accident upon the earnings of the employee to the extent of 50%
14or more of total dependency) such compensation shall be paid to
15the beneficiaries of the deceased employee and distributed as
16provided in paragraph (g) of Section 7.
17    (h-1) In case an injured employee is under legal disability
18at the time when any right or privilege accrues to him or her
19under this Act, a guardian may be appointed pursuant to law,
20and may, on behalf of such person under legal disability, claim
21and exercise any such right or privilege with the same effect
22as if the employee himself or herself had claimed or exercised
23the right or privilege. No limitations of time provided by this
24Act run so long as the employee who is under legal disability
25is without a conservator or guardian.
26    (i) In case the injured employee is under 16 years of age

 

 

09800HB3390sam001- 39 -LRB098 07552 DRJ 45458 a

1at the time of the accident and is illegally employed, the
2amount of compensation payable under paragraphs (b), (c), (d),
3(e) and (f) of this Section is increased 50%.
4    However, where an employer has on file an employment
5certificate issued pursuant to the Child Labor Law or work
6permit issued pursuant to the Federal Fair Labor Standards Act,
7as amended, or a birth certificate properly and duly issued,
8such certificate, permit or birth certificate is conclusive
9evidence as to the age of the injured minor employee for the
10purposes of this Section.
11    Nothing herein contained repeals or amends the provisions
12of the Child Labor Law relating to the employment of minors
13under the age of 16 years.
14    (j) 1. In the event the injured employee receives benefits,
15including medical, surgical or hospital benefits under any
16group plan covering non-occupational disabilities contributed
17to wholly or partially by the employer, which benefits should
18not have been payable if any rights of recovery existed under
19this Act, then such amounts so paid to the employee from any
20such group plan as shall be consistent with, and limited to,
21the provisions of paragraph 2 hereof, shall be credited to or
22against any compensation payment for temporary total
23incapacity for work or any medical, surgical or hospital
24benefits made or to be made under this Act. In such event, the
25period of time for giving notice of accidental injury and
26filing application for adjustment of claim does not commence to

 

 

09800HB3390sam001- 40 -LRB098 07552 DRJ 45458 a

1run until the termination of such payments. This paragraph does
2not apply to payments made under any group plan which would
3have been payable irrespective of an accidental injury under
4this Act. Any employer receiving such credit shall keep such
5employee safe and harmless from any and all claims or
6liabilities that may be made against him by reason of having
7received such payments only to the extent of such credit.
8    Any excess benefits paid to or on behalf of a State
9employee by the State Employees' Retirement System under
10Article 14 of the Illinois Pension Code on a death claim or
11disputed disability claim shall be credited against any
12payments made or to be made by the State of Illinois to or on
13behalf of such employee under this Act, except for payments for
14medical expenses which have already been incurred at the time
15of the award. The State of Illinois shall directly reimburse
16the State Employees' Retirement System to the extent of such
17credit.
18    2. Nothing contained in this Act shall be construed to give
19the employer or the insurance carrier the right to credit for
20any benefits or payments received by the employee other than
21compensation payments provided by this Act, and where the
22employee receives payments other than compensation payments,
23whether as full or partial salary, group insurance benefits,
24bonuses, annuities or any other payments, the employer or
25insurance carrier shall receive credit for each such payment
26only to the extent of the compensation that would have been

 

 

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1payable during the period covered by such payment.
2    3. The extension of time for the filing of an Application
3for Adjustment of Claim as provided in paragraph 1 above shall
4not apply to those cases where the time for such filing had
5expired prior to the date on which payments or benefits
6enumerated herein have been initiated or resumed. Provided
7however that this paragraph 3 shall apply only to cases wherein
8the payments or benefits hereinabove enumerated shall be
9received after July 1, 1969.
10(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
11eff. 7-13-12.)
 
12    (820 ILCS 305/8.1b)
13    Sec. 8.1b. Determination of permanent partial disability.
14For accidental injuries that occur on or after September 1,
152011, permanent partial disability shall be established using
16the following criteria:
17    (a) A physician licensed to practice medicine in all of its
18branches preparing a permanent partial disability impairment
19report shall report the level of impairment in writing. The
20report shall include an evaluation of medically defined and
21professionally appropriate measurements of impairment that
22include, but are not limited to: loss of range of motion; loss
23of strength; measured atrophy of tissue mass consistent with
24the injury; and any other measurements that establish the
25nature and extent of the impairment. The most current edition

 

 

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1of the American Medical Association's "Guides to the Evaluation
2of Permanent Impairment" shall be used by the physician in
3determining the level of impairment.
4    (b) In determining the level of permanent partial
5disability, the Commission shall base its determination on the
6following factors: (i) the reported level of impairment
7pursuant to subsection (a) if such report exists; (ii) the
8occupation of the injured employee; (iii) the age of the
9employee at the time of the injury; (iv) the employee's future
10earning capacity; and (v) evidence of disability corroborated
11by the treating medical records. No single enumerated factor
12shall be the sole determinant of disability. In determining the
13level of disability, the relevance and weight of any factors
14used, including in addition to the level of impairment as
15reported by the physician, must be explained in a written
16order.
17(Source: P.A. 97-18, eff. 6-28-11.)
 
18    (820 ILCS 305/9)  (from Ch. 48, par. 138.9)
19    Sec. 9. Any employer or employee or beneficiary who shall
20desire to have such compensation, or any unpaid part thereof,
21paid in a lump sum, may petition the Commission, asking that
22such compensation be so paid. If, upon proper notice to the
23interested parties and a proper showing made before such
24Commission or any member thereof, it appears to the best
25interest of the parties that such compensation be so paid, the

 

 

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1Commission may order the commutation of the compensation to an
2equivalent lump sum, which commutation shall be an amount which
3will equal the total sum of the probable future payments
4capitalized at their present value upon the basis of interest
5calculated at the maximum rate of interest payable by member
6banks of the Federal Reserve System on passbook savings
7deposits as published in Regulation Q or its successor or, if
8Regulation Q or its successor is repealed, then the rate in
9effect on the date of repeal. Prior to approval of any pro se
10Settlement Contract Lump Sum Petition, the Commission or an
11Arbitrator thereof shall determine if the unrepresented
12employee, if present, is able to read and communicate in
13English. If not, it shall be the responsibility of the employer
14to provide a qualified, independent interpreter at the time
15such Petition is heard, unless the employee has provided his or
16her own interpreter.
17    In cases indicating complete disability no petition for a
18commutation to a lump sum basis shall be entertained by the
19Commission until after the expiration of 6 months from the date
20of the injury.
21    Where necessary, upon proper application being made, a
22guardian or administrator, as the case may be, may be appointed
23for any person under disability who may be entitled to any such
24compensation and an employer bound by the terms of this Act and
25liable to pay such compensation, may petition for the
26appointment of the public administrator, or guardian, where no

 

 

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1legal representative has been appointed or is acting for such
2party or parties so under disability.
3    The payment of compensation in a lump sum to the employee
4in his or her lifetime upon order of the Commission, shall
5extinguish and bar all claims for compensation for death if the
6compensation paid in a lump sum represents a compromise of a
7dispute on any question other than the extent of disability.
8    Subject to the provisions herein above in this paragraph
9contained, where no dispute exists as to the fact that the
10accident arose out of and in the course of the employment and
11where such accident results in death or in the amputation of
12any member or in the enucleation of an eye, then and in such
13case the arbitrator or Commission may, upon the petition of
14either the employer or the employee, enter an award providing
15for the payment of compensation for such death or injury in
16accordance with the provisions of Section 7 or paragraph (e) of
17Section 8 of this Act.
18(Source: P.A. 83-1362.)
 
19    (820 ILCS 305/14)  (from Ch. 48, par. 138.14)
20    Sec. 14. The Commission shall appoint a secretary, an
21assistant secretary, and arbitrators and shall employ such
22assistants and clerical help as may be necessary. Arbitrators
23shall be appointed pursuant to this Section, notwithstanding
24any provision of the Personnel Code.
25    Each arbitrator appointed after June 28, 2011 after

 

 

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1November 22, 1977 shall be required to demonstrate in writing
2and in accordance with the rules and regulations of the
3Illinois Department of Central Management Services his or her
4knowledge of and expertise in the law of and judicial processes
5of the Workers' Compensation Act and the Occupational Diseases
6Act.
7    A formal training program for newly-hired arbitrators
8shall be implemented. The training program shall include the
9following:
10        (a) substantive and procedural aspects of the
11    arbitrator position;
12        (b) current issues in workers' compensation law and
13    practice;
14        (c) medical lectures by specialists in areas such as
15    orthopedics, ophthalmology, psychiatry, rehabilitation
16    counseling;
17        (d) orientation to each operational unit of the
18    Illinois Workers' Compensation Commission;
19        (e) observation of experienced arbitrators conducting
20    hearings of cases, combined with the opportunity to discuss
21    evidence presented and rulings made;
22        (f) the use of hypothetical cases requiring the trainee
23    to issue judgments as a means to evaluating knowledge and
24    writing ability;
25        (g) writing skills;
26        (h) professional and ethical standards pursuant to

 

 

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1    Section 1.1 of this Act;
2        (i) detection of workers' compensation fraud and
3    reporting obligations of Commission employees and
4    appointees;
5        (j) standards of evidence-based medical treatment and
6    best practices for measuring and improving quality and
7    health care outcomes in the workers' compensation system,
8    including but not limited to the use of the American
9    Medical Association's "Guides to the Evaluation of
10    Permanent Impairment" and the practice of utilization
11    review; and
12        (k) substantive and procedural aspects of coal
13    workers' pneumoconiosis (black lung) cases.
14    A formal and ongoing professional development program
15including, but not limited to, the above-noted areas shall be
16implemented to keep arbitrators informed of recent
17developments and issues and to assist them in maintaining and
18enhancing their professional competence. Each arbitrator shall
19complete 20 hours of training in the above-noted areas during
20every 2 years such arbitrator shall remain in office.
21    Each arbitrator shall devote full time to his or her duties
22and shall serve when assigned as an acting Commissioner when a
23Commissioner is unavailable in accordance with the provisions
24of Section 13 of this Act. Any arbitrator who is an
25attorney-at-law shall not engage in the practice of law, nor
26shall any arbitrator hold any other office or position of

 

 

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1profit under the United States or this State or any municipal
2corporation or political subdivision of this State.
3Notwithstanding any other provision of this Act to the
4contrary, an arbitrator who serves as an acting Commissioner in
5accordance with the provisions of Section 13 of this Act shall
6continue to serve in the capacity of Commissioner until a
7decision is reached in every case heard by that arbitrator
8while serving as an acting Commissioner.
9    Notwithstanding any other provision of this Section, the
10term of all arbitrators serving on the effective date of this
11amendatory Act of the 97th General Assembly, including any
12arbitrators on administrative leave, shall terminate at the
13close of business on July 1, 2011, but the incumbents shall
14continue to exercise all of their duties until they are
15reappointed or their successors are appointed.
16    On and after the effective date of this amendatory Act of
17the 97th General Assembly, arbitrators shall be appointed to
183-year terms as follows:
19        (1) All appointments shall be made by the Governor with
20    the advice and consent of the Senate.
21        (2) For their initial appointments, 12 arbitrators
22    shall be appointed to terms expiring July 1, 2012; 12
23    arbitrators shall be appointed to terms expiring July 1,
24    2013; and all additional arbitrators shall be appointed to
25    terms expiring July 1, 2014. Thereafter, all arbitrators
26    shall be appointed to 3-year terms.

 

 

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1    Upon the expiration of a term, the Chairman shall evaluate
2the performance of the arbitrator and may recommend to the
3Governor that he or she be reappointed to a second or
4subsequent term by the Governor with the advice and consent of
5the Senate.
6    Each arbitrator appointed on or after the effective date of
7this amendatory Act of the 97th General Assembly and who has
8not previously served as an arbitrator for the Commission shall
9be required to be authorized to practice law in this State by
10the Supreme Court, and to maintain this authorization
11throughout his or her term of employment.
12    The All arbitrators shall be subject to the provisions of
13the Personnel Code, and the performance of all arbitrators
14shall be reviewed by the Chairman on an annual basis. The
15changes made to this Section by this amendatory Act of the 97th
16General Assembly shall prevail over any conflict with the
17Personnel Code. The Chairman shall allow input from the
18Commissioners in all such reviews.
19    The Commission shall assign no fewer than 3 arbitrators to
20each hearing site. The Commission shall establish a procedure
21to ensure that the arbitrators assigned to each hearing site
22are assigned cases on a random basis. No arbitrator shall hear
23cases in any county, other than Cook County, for more than 2
24years in each 3-year term.
25    The Secretary and each arbitrator shall receive a per annum
26salary of $4,000 less than the per annum salary of members of

 

 

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1The Illinois Workers' Compensation Commission as provided in
2Section 13 of this Act, payable in equal monthly installments.
3    The members of the Commission, Arbitrators and other
4employees whose duties require them to travel, shall have
5reimbursed to them their actual traveling expenses and
6disbursements made or incurred by them in the discharge of
7their official duties while away from their place of residence
8in the performance of their duties.
9    The Commission shall provide itself with a seal for the
10authentication of its orders, awards and proceedings upon which
11shall be inscribed the name of the Commission and the words
12"Illinois--Seal".
13    The Secretary or Assistant Secretary, under the direction
14of the Commission, shall have charge and custody of the seal of
15the Commission and also have charge and custody of all records,
16files, orders, proceedings, decisions, awards and other
17documents on file with the Commission. He shall furnish
18certified copies, under the seal of the Commission, of any such
19records, files, orders, proceedings, decisions, awards and
20other documents on file with the Commission as may be required.
21Certified copies so furnished by the Secretary or Assistant
22Secretary shall be received in evidence before the Commission
23or any Arbitrator thereof, and in all courts, provided that the
24original of such certified copy is otherwise competent and
25admissible in evidence. The Secretary or Assistant Secretary
26shall perform such other duties as may be prescribed from time

 

 

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1to time by the Commission.
2(Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12.)
 
3    (820 ILCS 305/15a)  (from Ch. 48, par. 138.15a)
4    Sec. 15a. The Beginning January 1, 1981, the Commission
5shall prepare and publish a handbook in readily understandable
6language in question and answer form containing all information
7as to the rights and obligations of employers and employees
8under the provisions of this Act.
9    Upon receipt of first report of injury, as provided for in
10subsection (b) of Section 6 of this Act, the Commission shall
11determine that a copy of the handbook has been forwarded to the
12injured employee or his beneficiary.
13    The handbook shall be made available free of charge to the
14general public and be maintained on the Commission's Internet
15website.
16    The Commission shall provide informational assistance to
17employers and employees regarding their rights and obligations
18under this Act and the process and procedure before the
19Commission.
20(Source: P.A. 86-998.)
 
21    (820 ILCS 305/16a)  (from Ch. 48, par. 138.16a)
22    Sec. 16a. (A) In the establishment or approval of
23attorney's fees in relation to claims brought under this Act,
24the Commission shall be guided by the provisions of this

 

 

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1Section and by the legislative intent, hereby declared, to
2encourage settlement and prompt administrative handling of
3such claims and thereby reduce expenses to claimants for
4compensation under this Act.
5    (B) With respect to any and all proceedings in connection
6with any initial or original claim under this Act, no claim of
7any attorney for services rendered in connection with the
8securing of compensation for an employee or his dependents,
9whether secured by agreement, order, award or a judgment in any
10court shall exceed 20% of the amount of compensation recovered
11and paid, unless further fees shall be allowed to the attorney
12upon a hearing by the Commission fixing fees, and subject to
13the other provisions of this Section. However, except as
14hereinafter provided in this Section, in death cases, total
15disability cases and partial disability cases, the amount of an
16attorney's fees shall not exceed 20% of the sum which would be
17due under this Act for 364 weeks of permanent total disability
18based upon the employee's average gross weekly wage prior to
19the date of the accident and subject to the maximum weekly
20benefits provided in this Act unless the employee or his or her
21dependents, as applicable, waive in writing the 364-week limit
22on attorney's fees or unless further fees shall be allowed to
23the attorney upon a hearing by the Commission fixing fees. An
24employee or his or her dependents, as applicable, may waive in
25writing the 364-week limit on attorney's fees in death cases,
26total disability cases, and partial disability cases.

 

 

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1    (C) All attorneys' fees in connection with the initial or
2original claim for compensation shall be fixed pursuant to a
3written contract on forms prescribed by the Commission between
4the attorney and the employee or his dependents, and every
5attorney, whether the disposition of the original claim is by
6agreement, settlement, award, judgment or otherwise, shall
7file his contract with the Chairman of the Commission who shall
8approve the contract only if it is in accordance with all
9provisions of this Section.
10    (D) No attorneys' fees shall be charged with respect to
11compensation for undisputed medical expenses.
12    (E) No attorneys' fees shall be charged in connection with
13any temporary total disability compensation unless the payment
14of such compensation in a timely manner or in the proper amount
15is refused, or unless such compensation is terminated by the
16employer and the payment of such compensation is obtained or
17reinstated by the efforts of the attorney, whether by
18agreement, settlement, award or judgment.
19    (F) In the following cases in which there is no dispute
20between the parties as to the liability of the respondent to
21pay compensation in a timely manner or in the proper amount and
22there is no dispute that the accident has resulted in:
23        (1) the death of the employee; or
24        (2) a statutory permanent disability; or
25        (3) the amputation of a finger, toe, or member; or
26        (4) the removal of a testicle; or

 

 

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1        (5) the enucleation of or 100% loss of vision of an
2    eye;
3the legal fees, if any, for services rendered are to be fixed
4by the Illinois Workers' Compensation Commission at a nominal
5amount, not exceeding $100.
6    (G) In the following cases in which there is no dispute
7between the parties as to the liability of the respondent to
8pay compensation and there is no dispute that the accident has
9resulted in:
10        (1) a fracture of one or more vertebrae; or
11        (2) a skull fracture; or
12        (3) a fracture of one or more spinous or transverse
13    processes; or
14        (4) a fracture of one or more facial bones; or
15        (5) the removal of a kidney, spleen or lung;
16the legal fees, if any, for services rendered are to be fixed
17by the Illinois Workers' Compensation Commission at a nominal
18amount, not exceeding $100, provided that the employee is
19awarded the minimum amount for the above injuries as specified
20in Section 8(d)2.
21    (H) With regard to any claim where the amount to be paid
22for compensation does not exceed the written offer made to the
23claimant or claimants by the employer or his agent prior to
24representation by an attorney, no fees shall be paid to any
25such attorney.
26    (I) All attorneys' fees for representation of an employee

 

 

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1or his dependents shall be only recoverable from compensation
2actually paid to such employee or dependents.
3    (J) Any and all disputes regarding attorneys' fees, whether
4such disputes relate to which one or more attorneys represents
5the claimant or claimants or is entitled to the attorneys'
6fees, or a division of attorneys' fees where the claimant or
7claimants are or have been represented by more than one
8attorney, or any other disputes concerning attorneys' fees or
9contracts for attorneys' fees, shall be heard and determined by
10the Commission after reasonable notice to all interested
11parties and attorneys.
12    (K) After reasonable notice and hearing before the
13Commission, any attorney found to be in violation of any
14provision of this Section shall be required to make restitution
15of any excess fees charged plus interest at a reasonable rate
16as determined by the Commission.
17(Source: P.A. 93-721, eff. 1-1-05.)
 
18    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
19    Sec. 19. Any disputed questions of law or fact shall be
20determined as herein provided.
21    (a) It shall be the duty of the Commission upon
22notification that the parties have failed to reach an
23agreement, to designate an Arbitrator.
24        1. Whenever any claimant misconceives his remedy and
25    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' Occupational
5    Diseases Act, then the provisions of Section 19, paragraph
6    (a-1) of the Workers' Occupational Diseases Act having
7    reference to such application shall apply.
8        2. Whenever any claimant misconceives his remedy and
9    files an application for adjustment of claim under the
10    Workers' Occupational Diseases 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' Occupational Diseases Act may be amended in form,
16    substance or both to assert claim for such disability or
17    death under this Act and it shall be deemed to have been so
18    filed as amended on the date of the original filing
19    thereof, and such compensation may be awarded as is
20    warranted by the whole evidence pursuant to 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. Nothing in this Section contained shall
24    be construed to be or permit a waiver of any provisions of
25    this Act with reference to notice but notice if given shall
26    be deemed to be a notice under the provisions of this Act

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09800HB3390sam001- 60 -LRB098 07552 DRJ 45458 a

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

 

 

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1    this Act and the date of such conference;
2        (vii) a statement that the employer has refused to pay
3    compensation pursuant to paragraph (b) of Section 8 of this
4    Act or for medical, surgical or hospital services pursuant
5    to paragraph (a) of Section 8 of this Act;
6        (viii) the name and address, if known, of each witness
7    to the accident and of each other person upon whom the
8    employee will rely to support his allegations;
9        (ix) the dates of treatment related to the accident by
10    medical practitioners, and the names and addresses of such
11    practitioners, including the dates of treatment related to
12    the accident at any hospitals and the names and addresses
13    of such hospitals, and a signed authorization permitting
14    the employer to examine all medical records of all
15    practitioners and hospitals named pursuant to this
16    paragraph;
17        (x) a copy of a signed report by a medical
18    practitioner, relating to the employee's current inability
19    to return to work because of the injuries incurred as a
20    result of the accident or such other documents or
21    affidavits which show that the employee is entitled to
22    receive compensation pursuant to paragraph (b) of Section 8
23    of this Act or medical, surgical or hospital services
24    pursuant to paragraph (a) of Section 8 of this Act. Such
25    reports, documents or affidavits shall state, if possible,
26    the history of the accident given by the employee, and

 

 

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1    describe the injury and medical diagnosis, the medical
2    services for such injury which the employee has received
3    and is receiving, the physical activities which the
4    employee cannot currently perform as a result of any
5    impairment or disability due to such injury, and the
6    prognosis for recovery;
7        (xi) complete copies of any reports, records,
8    documents and affidavits in the possession of the employee
9    on which the employee will rely to support his allegations,
10    provided that the employer shall pay the reasonable cost of
11    reproduction thereof;
12        (xii) a list of any reports, records, documents and
13    affidavits which the employee has demanded by subpoena and
14    on which he intends to rely to support his allegations;
15        (xiii) a certification signed by the employee or his
16    representative that the employer has received the petition
17    with the required information 15 days before filing.
18    Fifteen days after receipt by the employer of the petition
19with the required information the employee may file said
20petition and required information and shall serve notice of the
21filing upon the employer. The employer may file a motion
22addressed to the sufficiency of the petition. If an objection
23has been filed to the sufficiency of the petition, the
24arbitrator shall rule on the objection within 2 working days.
25If such an objection is filed, the time for filing the final
26decision of the Commission as provided in this paragraph shall

 

 

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1be tolled until the arbitrator has determined that the petition
2is sufficient.
3    The employer shall, within 15 days after receipt of the
4notice that such petition is filed, file with the Commission
5and serve on the employee or his representative a written
6response to each claim set forth in the petition, including the
7legal and factual basis for each disputed allegation and the
8following information: (i) complete copies of any reports,
9records, documents and affidavits in the possession of the
10employer on which the employer intends to rely in support of
11his response, (ii) a list of any reports, records, documents
12and affidavits which the employer has demanded by subpoena and
13on which the employer intends to rely in support of his
14response, (iii) the name and address of each witness on whom
15the employer will rely to support his response, and (iv) the
16names and addresses of any medical practitioners selected by
17the employer pursuant to Section 12 of this Act and the time
18and place of any examination scheduled to be made pursuant to
19such Section.
20    Any employer who does not timely file and serve a written
21response without good cause may not introduce any evidence to
22dispute any claim of the employee but may cross examine the
23employee or any witness brought by the employee and otherwise
24be heard.
25    No document or other evidence not previously identified by
26either party with the petition or written response, or by any

 

 

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1other means before the hearing, may be introduced into evidence
2without good cause. If, at the hearing, material information is
3discovered which was not previously disclosed, the Arbitrator
4may extend the time for closing proof on the motion of a party
5for a reasonable period of time which may be more than 30 days.
6No evidence may be introduced pursuant to this paragraph as to
7permanent disability. No award may be entered for permanent
8disability pursuant to this paragraph. Either party may
9introduce into evidence the testimony taken by deposition of
10any medical practitioner.
11    The Commission shall adopt rules, regulations and
12procedures whereby the final decision of the Commission is
13filed not later than 90 days from the date the petition for
14review is filed but in no event later than 180 days from the
15date the petition for an emergency hearing is filed with the
16Illinois Workers' Compensation Commission.
17    All service required pursuant to this paragraph (b-1) must
18be by personal service or by certified mail and with evidence
19of receipt. In addition for the purposes of this paragraph, all
20service on the employer must be at the premises where the
21accident occurred if the premises are owned or operated by the
22employer. Otherwise service must be at the employee's principal
23place of employment by the employer. If service on the employer
24is not possible at either of the above, then service shall be
25at the employer's principal place of business. After initial
26service in each case, service shall be made on the employer's

 

 

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1attorney or designated representative.
2    (c) (1) At a reasonable time in advance of and in
3connection with the hearing under Section 19(e) or 19(h), the
4Commission may on its own motion order an impartial physical or
5mental examination of a petitioner whose mental or physical
6condition is in issue, when in the Commission's discretion it
7appears that such an examination will materially aid in the
8just determination of the case. The examination shall be made
9by a member or members of a panel of physicians chosen for
10their special qualifications by the Illinois State Medical
11Society. The Commission shall establish procedures by which a
12physician shall be selected from such list.
13    (2) Should the Commission at any time during the hearing
14find that compelling considerations make it advisable to have
15an examination and report at that time, the commission may in
16its discretion so order.
17    (3) A copy of the report of examination shall be given to
18the Commission and to the attorneys for the parties.
19    (4) Either party or the Commission may call the examining
20physician or physicians to testify. Any physician so called
21shall be subject to cross-examination.
22    (5) The examination shall be made, and the physician or
23physicians, if called, shall testify, without cost to the
24parties. The Commission shall determine the compensation and
25the pay of the physician or physicians. The compensation for
26this service shall not exceed the usual and customary amount

 

 

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1for such service.
2    (6) The fees and payment thereof of all attorneys and
3physicians for services authorized by the Commission under this
4Act shall, upon request of either the employer or the employee
5or the beneficiary affected, be subject to the review and
6decision of the Commission.
7    (d) If any employee shall persist in insanitary or
8injurious practices which tend to either imperil or retard his
9recovery or shall refuse to submit to such medical, surgical,
10or hospital treatment as is reasonably essential to promote his
11recovery, the Commission may, in its discretion, reduce or
12suspend the compensation of any such injured employee. However,
13when an employer and employee so agree in writing, the
14foregoing provision shall not be construed to authorize the
15reduction or suspension of compensation of an employee who is
16relying in good faith, on treatment by prayer or spiritual
17means alone, in accordance with the tenets and practice of a
18recognized church or religious denomination, by a duly
19accredited practitioner thereof.
20    (e) This paragraph shall apply to all hearings before the
21Commission. Such hearings may be held in its office or
22elsewhere as the Commission may deem advisable. The taking of
23testimony on such hearings may be had before any member of the
24Commission. If a petition for review and agreed statement of
25facts or transcript of evidence is filed, as provided herein,
26the Commission shall promptly review the decision of the

 

 

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1Arbitrator and all questions of law or fact which appear from
2the statement of facts or transcript of evidence.
3    In all cases in which the hearing before the arbitrator is
4held after December 18, 1989, no additional evidence shall be
5introduced by the parties before the Commission on review of
6the decision of the Arbitrator. In reviewing decisions of an
7arbitrator the Commission shall award such temporary
8compensation, permanent compensation and other payments as are
9due under this Act. The Commission shall file in its office its
10decision thereon, and shall immediately send to each party or
11his attorney a copy of such decision and a notification of the
12time when it was filed. Decisions shall be filed within 60 days
13after the Statement of Exceptions and Supporting Brief and
14Response thereto are required to be filed or oral argument
15whichever is later.
16    In the event either party requests oral argument, such
17argument shall be had before a panel of 3 members of the
18Commission (or before all available members pursuant to the
19determination of 7 members of the Commission that such argument
20be held before all available members of the Commission)
21pursuant to the rules and regulations of the Commission. A
22panel of 3 members, which shall be comprised of not more than
23one representative citizen of the employing class and not more
24than one representative citizen of the employee class, shall
25hear the argument; provided that if all the issues in dispute
26are solely the nature and extent of the permanent partial

 

 

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1disability, if any, a majority of the panel may deny the
2request for such argument and such argument shall not be held;
3and provided further that 7 members of the Commission may
4determine that the argument be held before all available
5members of the Commission. A decision of the Commission shall
6be approved by a majority of Commissioners present at such
7hearing if any; provided, if no such hearing is held, a
8decision of the Commission shall be approved by a majority of a
9panel of 3 members of the Commission as described in this
10Section. The Commission shall give 10 days' notice to the
11parties or their attorneys of the time and place of such taking
12of testimony and of such argument.
13    In any case the Commission in its decision may find
14specially upon any question or questions of law or fact which
15shall be submitted in writing by either party whether ultimate
16or otherwise; provided that on issues other than nature and
17extent of the disability, if any, the Commission in its
18decision shall find specially upon any question or questions of
19law or fact, whether ultimate or otherwise, which are submitted
20in writing by either party; provided further that not more than
215 such questions may be submitted by either party. Any party
22may, within 20 days after receipt of notice of the Commission's
23decision, or within such further time, not exceeding 30 days,
24as the Commission may grant, file with the Commission either an
25agreed statement of the facts appearing upon the hearing, or,
26if such party shall so elect, a correct transcript of evidence

 

 

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

 

 

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1written decisions shall be concise and shall succinctly state
2the facts and reasons for the decision. The Commission may
3adopt in whole or in part, the decision of the arbitrator as
4the decision of the Commission. When the Commission does so
5adopt the decision of the arbitrator, it shall do so by order.
6Whenever the Commission adopts part of the arbitrator's
7decision, but not all, it shall include in the order the
8reasons for not adopting all of the arbitrator's decision. When
9a majority of a panel, after deliberation, has arrived at its
10decision, the decision shall be filed as provided in this
11Section without unnecessary delay, and without regard to the
12fact that a member of the panel has expressed an intention to
13dissent. Any member of the panel may file a dissent. Any
14dissent shall be filed no later than 10 days after the decision
15of the majority has been filed.
16    Decisions rendered by the Commission and dissents, if any,
17shall be published together by the Commission. The conclusions
18of law set out in such decisions shall be regarded as
19precedents by arbitrators for the purpose of achieving a more
20uniform administration of this Act.
21    (f) The decision of the Commission acting within its
22powers, according to the provisions of paragraph (e) of this
23Section shall, in the absence of fraud, be conclusive unless
24reviewed as in this paragraph hereinafter provided. However,
25the Arbitrator or the Commission may on his or its own motion,
26or on the motion of either party, correct any clerical error or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1duly tried and determined by the court, and shall with like
2effect, be entered and docketed. The Circuit Court shall have
3power at any time upon application to make any such judgment
4conform to any modification required by any subsequent decision
5of the Supreme Court upon appeal, or as the result of any
6subsequent proceedings for review, as provided in this Act.
7    Judgment shall not be entered until 15 days' notice of the
8time and place of the application for the entry of judgment
9shall be served upon the employer by filing such notice with
10the Commission, which Commission shall, in case it has on file
11the address of the employer or the name and address of its
12agent upon whom notices may be served, immediately send a copy
13of the notice to the employer or such designated agent.
14    (h) An agreement or award under this Act providing for
15compensation in installments, may at any time within 18 months
16after such agreement or award be reviewed by the Commission at
17the request of either the employer or the employee, on the
18ground that the disability of the employee has subsequently
19recurred, increased, diminished or ended.
20    However, as to accidents occurring subsequent to July 1,
211955, which are covered by any agreement or award under this
22Act providing for compensation in installments made as a result
23of such accident, such agreement or award may at any time
24within 30 months, or 60 months in the case of an award under
25Section 8(d)1, after such agreement or award be reviewed by the
26Commission at the request of either the employer or the

 

 

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

 

 

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

 

 

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

 

 

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1to 25% of the amount which otherwise would be payable under the
2provisions of this Act exclusive of this paragraph. The
3additional compensation herein provided shall be allowed by an
4appropriate increase in the applicable weekly compensation
5rate.
6    (n) After June 30, 1984 and before January 1, 2014,
7decisions of the Illinois Workers' Compensation Commission
8reviewing an award of an arbitrator of the Commission shall
9draw interest at a rate equal to the yield on indebtedness
10issued by the United States Government with a 26-week maturity
11next previously auctioned on the day on which the decision is
12filed. Said rate of interest shall be set forth in the
13Arbitrator's Decision. Beginning January 1, 2014, decisions of
14the Illinois Workers' Compensation Commission reviewing an
15award of an arbitrator of the Commission shall draw interest at
16a rate equal to 3 percentage points above the average quoted
17prime rate on short-term commercial loans in effect on the day
18on which the decision is made, as reported by the Board of
19Governors of the Federal Reserve System in Statistical Release
20H. 15 ("Selected Interest Rates"), or any successor Release
21reporting such rate. Interest shall be drawn from the date of
22the arbitrator's award on all accrued compensation due the
23employee through the day prior to the date of payments.
24However, when an employee appeals an award of an Arbitrator or
25the Commission, and the appeal results in no change or a
26decrease in the award, interest shall not further accrue from

 

 

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1the date of such appeal.
2    The employer or his insurance carrier may tender the
3payments due under the award to stop the further accrual of
4interest on such award notwithstanding the prosecution by
5either party of review, certiorari, appeal to the Supreme Court
6or other steps to reverse, vacate or modify the award.
7    (o) By the 15th day of each month each insurer providing
8coverage for losses under this Act shall notify each insured
9employer of any compensable claim incurred during the preceding
10month and the amounts paid or reserved on the claim including a
11summary of the claim and a brief statement of the reasons for
12compensability. A cumulative report of all claims incurred
13during a calendar year or continued from the previous year
14shall be furnished to the insured employer by the insurer
15within 30 days after the end of that calendar year.
16    The insured employer may challenge, in proceeding before
17the Commission, payments made by the insurer without
18arbitration and payments made after a case is determined to be
19noncompensable. If the Commission finds that the case was not
20compensable, the insurer shall purge its records as to that
21employer of any loss or expense associated with the claim,
22reimburse the employer for attorneys' fees arising from the
23challenge and for any payment required of the employer to the
24Rate Adjustment Fund or the Second Injury Fund, and may not
25reflect the loss or expense for rate making purposes. The
26employee shall not be required to refund the challenged

 

 

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1payment. The decision of the Commission may be reviewed in the
2same manner as in arbitrated cases. No challenge may be
3initiated under this paragraph more than 3 years after the
4payment is made. An employer may waive the right of challenge
5under this paragraph on a case by case basis.
6    (p) After filing an application for adjustment of claim but
7prior to the hearing on arbitration the parties may voluntarily
8agree to submit such application for adjustment of claim for
9decision by an arbitrator under this subsection (p) where such
10application for adjustment of claim raises only a dispute over
11temporary total disability, permanent partial disability or
12medical expenses. Such agreement shall be in writing in such
13form as provided by the Commission. Applications for adjustment
14of claim submitted for decision by an arbitrator under this
15subsection (p) shall proceed according to rule as established
16by the Commission. The Commission shall promulgate rules
17including, but not limited to, rules to ensure that the parties
18are adequately informed of their rights under this subsection
19(p) and of the voluntary nature of proceedings under this
20subsection (p). The findings of fact made by an arbitrator
21acting within his or her powers under this subsection (p) in
22the absence of fraud shall be conclusive. However, the
23arbitrator may on his own motion, or the motion of either
24party, correct any clerical errors or errors in computation
25within 15 days after the date of receipt of such award of the
26arbitrator and shall have the power to recall the original

 

 

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1award on arbitration, and issue in lieu thereof such corrected
2award. The decision of the arbitrator under this subsection (p)
3shall be considered the decision of the Commission and
4proceedings for review of questions of law arising from the
5decision may be commenced by either party pursuant to
6subsection (f) of Section 19. The Advisory Board established
7under Section 13.1 shall compile a list of certified Commission
8arbitrators, each of whom shall be approved by at least 7
9members of the Advisory Board. The chairman shall select 5
10persons from such list to serve as arbitrators under this
11subsection (p). By agreement, the parties shall select one
12arbitrator from among the 5 persons selected by the chairman
13except that if the parties do not agree on an arbitrator from
14among the 5 persons, the parties may, by agreement, select an
15arbitrator of the American Arbitration Association, whose fee
16shall be paid by the State in accordance with rules promulgated
17by the Commission. Arbitration under this subsection (p) shall
18be voluntary.
19(Source: P.A. 97-18, eff. 6-28-11.)
 
20    (820 ILCS 305/19a)  (from Ch. 48, par. 138.19b)
21    Sec. 19a. Money received by the Commission pursuant to
22subsection (f) of Section 19 of this Act shall be paid into a
23trust fund outside the State Treasury and shall be held in such
24fund until completion of the record for which the payment was
25made. The Secretary of the Commission shall be ex-officio

 

 

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1custodian of such trust fund which shall be used only for the
2purpose specified in this section. Upon completion of the
3record the Secretary shall pay the amount so held to the person
4entitled thereto for preparation of the record. Within 60 days
5after the effective date of this amendatory Act of the 98th
6General Assembly, the Secretary of the Commission shall
7transfer all remaining funds to the Injured Workers' Benefit
8Fund for the purpose of paying claims from injured employees
9who have received a final award for benefits from the
10Commission against the employer in Fiscal Year 2013.
11(Source: Laws 1967, p. 324.)
 
12    (820 ILCS 305/20)  (from Ch. 48, par. 138.20)
13    Sec. 20. If the Commission shall, before or after any
14hearing, proceeding, or review to any court, be satisfied that
15the employee is a poor person, and unable to pay the costs and
16expenses provided for by this Act, the Commission shall permit
17such poor person to have all the rights and remedies provided
18by this Act, including the issuance and service of subpoenas; a
19transcript of testimony and the record of proceedings,
20including photostatic copies of exhibits, at hearings before an
21Arbitrator or the Commission; the right to have the record of
22proceedings certified to the circuit court; the right to the
23filing of a written request for summons; and the right to the
24issuance of summons, without the filing of a bond for costs and
25without the payment of any of the costs provided for by this

 

 

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1Act. If an award is granted to such employee, or settlement is
2made, the costs and expenses chargeable to the employee as
3provided for by this Act shall be paid by the employer out of
4the award herein granted, or settlement, before any of the
5balance of the award or settlement is paid to the employee.
6(Source: P.A. 86-998.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".