Illinois General Assembly - Full Text of SB1847
Illinois General Assembly

Previous General Assemblies

Full Text of SB1847  98th General Assembly

SB1847sam002 98TH GENERAL ASSEMBLY

Sen. Christine Radogno

Filed: 4/10/2013

 

 


 

 


 
09800SB1847sam002LRB098 06378 JLS 43638 a

1
AMENDMENT TO SENATE BILL 1847

2    AMENDMENT NO. ______. Amend Senate Bill 1847, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Workers' Compensation Act is amended by
6changing Section 6 as follows:
 
7    (820 ILCS 305/6)  (from Ch. 48, par. 138.6)
8    Sec. 6. (a) Every employer within the provisions of this
9Act, shall, under the rules and regulations prescribed by the
10Commission, post printed notices in their respective places of
11employment in such number and at such places as may be
12determined by the Commission, containing such information
13relative to this Act as in the judgment of the Commission may
14be necessary to aid employees to safeguard their rights under
15this Act in event of injury.
16    In addition thereto, the employer shall post in a

 

 

09800SB1847sam002- 2 -LRB098 06378 JLS 43638 a

1conspicuous place on the place of the employment a printed or
2typewritten notice stating whether he is insured or whether he
3has qualified and is operating as a self-insured employer. In
4the event the employer is insured, the notice shall state the
5name and address of his insurance carrier, the number of the
6insurance policy, its effective date and the date of
7termination. In the event of the termination of the policy for
8any reason prior to the termination date stated, the posted
9notice shall promptly be corrected accordingly. In the event
10the employer is operating as a self-insured employer the notice
11shall state the name and address of the company, if any,
12servicing the compensation payments of the employer, and the
13name and address of the person in charge of making compensation
14payments.
15    (b) Every employer subject to this Act shall maintain
16accurate records of work-related deaths, injuries and illness
17other than minor injuries requiring only first aid treatment
18and which do not involve medical treatment, loss of
19consciousness, restriction of work or motion, or transfer to
20another job and file with the Commission, in writing, a report
21of all accidental deaths, injuries and illnesses arising out of
22and in the course of the employment resulting in the loss of
23more than 3 scheduled work days. In the case of death such
24report shall be made no later than 2 working days following the
25accidental death. In all other cases such report shall be made
26between the 15th and 25th of each month unless required to be

 

 

09800SB1847sam002- 3 -LRB098 06378 JLS 43638 a

1made sooner by rule of the Commission. In case the injury
2results in permanent disability, a further report shall be made
3as soon as it is determined that such permanent disability has
4resulted or will result from the injury. All reports shall
5state the date of the injury, including the time of day or
6night, the nature of the employer's business, the name,
7address, age, sex, conjugal condition of the injured person,
8the specific occupation of the injured person, the direct cause
9of the injury and the nature of the accident, the character of
10the injury, the length of disability, and in case of death the
11length of disability before death, the wages of the injured
12person, whether compensation has been paid to the injured
13person, or to his or her legal representative or his heirs or
14next of kin, the amount of compensation paid, the amount paid
15for physicians', surgeons' and hospital bills, and by whom
16paid, and the amount paid for funeral or burial expenses if
17known. The reports shall be made on forms and in the manner as
18prescribed by the Commission and shall contain such further
19information as the Commission shall deem necessary and require.
20The making of these reports releases the employer from making
21such reports to any other officer of the State and shall
22satisfy the reporting provisions as contained in the "Health
23and Safety Act" and "An Act in relation to safety inspections
24and education in industrial and commercial establishments and
25to repeal an Act therein named", approved July 18, 1955, as now
26or hereafter amended. The reports filed with the Commission

 

 

09800SB1847sam002- 4 -LRB098 06378 JLS 43638 a

1pursuant to this Section shall be made available by the
2Commission to the Director of Labor or his representatives and
3to all other departments of the State of Illinois which shall
4require such information for the proper discharge of their
5official duties. Failure to file with the Commission any of the
6reports required in this Section is a petty offense.
7    Except as provided in this paragraph, all reports filed
8hereunder shall be confidential and any person having access to
9such records filed with the Illinois Workers' Compensation
10Commission as herein required, who shall release any
11information therein contained including the names or otherwise
12identify any persons sustaining injuries or disabilities, or
13give access to such information to any unauthorized person,
14shall be subject to discipline or discharge, and in addition
15shall be guilty of a Class B misdemeanor. The Commission shall
16compile and distribute to interested persons aggregate
17statistics, taken from the reports filed hereunder. The
18aggregate statistics shall not give the names or otherwise
19identify persons sustaining injuries or disabilities or the
20employer of any injured or disabled person.
21    (c) Notice of the accident shall be given to the employer
22as soon as practicable, but not later than 45 days after the
23accident. Provided:
24    (1) In case of the legal disability of the employee or any
25dependent of a deceased employee who may be entitled to
26compensation under the provisions of this Act, the limitations

 

 

09800SB1847sam002- 5 -LRB098 06378 JLS 43638 a

1of time by this Act provided do not begin to run against such
2person under legal disability until a guardian has been
3appointed.
4    (2) In cases of injuries sustained by exposure to
5radiological materials or equipment, notice shall be given to
6the employer within 90 days subsequent to the time that the
7employee knows or suspects that he has received an excessive
8dose of radiation.
9    No defect or inaccuracy of such notice shall be a bar to
10the maintenance of proceedings on arbitration or otherwise by
11the employee unless the employer proves that he is unduly
12prejudiced in such proceedings by such defect or inaccuracy.
13    Notice of the accident shall give the approximate date and
14place of the accident, if known, and may be given orally or in
15writing.
16    (d) Every employer shall notify each injured employee who
17has been granted compensation under the provisions of Section 8
18of this Act of his rights to rehabilitation services and advise
19him of the locations of available public rehabilitation centers
20and any other such services of which the employer has
21knowledge.
22    In any case, other than one where the injury was caused by
23exposure to radiological materials or equipment or asbestos
24unless the application for compensation is filed with the
25Commission within 3 years after the date of the accident, where
26no compensation has been paid, or within 2 years after the date

 

 

09800SB1847sam002- 6 -LRB098 06378 JLS 43638 a

1of the last payment of compensation, where any has been paid,
2whichever shall be later, the right to file such application
3shall be barred.
4    In any case of injury caused by exposure to radiological
5materials or equipment or asbestos, unless application for
6compensation is filed with the Commission within 25 years after
7the last day that the employee was employed in an environment
8of hazardous radiological activity or asbestos, the right to
9file such application shall be barred.
10    If in any case except one where the injury was caused by
11exposure to radiological materials or equipment or asbestos,
12the accidental injury results in death application for
13compensation for death may be filed with the Commission within
143 years after the date of death where no compensation has been
15paid or within 2 years after the date of the last payment of
16compensation where any has been paid, whichever shall be later,
17but not thereafter.
18    If an accidental injury caused by exposure to radiological
19material or equipment or asbestos results in death within 25
20years after the last day that the employee was so exposed
21application for compensation for death may be filed with the
22Commission within 3 years after the date of death, where no
23compensation has been paid, or within 2 years after the date of
24the last payment of compensation where any has been paid,
25whichever shall be later, but not thereafter.
26    (e) Any contract or agreement made by any employer or his

 

 

09800SB1847sam002- 7 -LRB098 06378 JLS 43638 a

1agent or attorney with any employee or any other beneficiary of
2any claim under the provisions of this Act within 7 days after
3the injury shall be presumed to be fraudulent.
4    (f) Any condition or impairment of health of an employee
5employed as a firefighter, emergency medical technician (EMT),
6or paramedic which results directly or indirectly from any
7bloodborne pathogen, lung or respiratory disease or condition,
8heart or vascular disease or condition, hypertension,
9tuberculosis, or cancer resulting in any disability
10(temporary, permanent, total, or partial) to the employee shall
11be rebuttably presumed to arise out of and in the course of the
12employee's firefighting, EMT, or paramedic employment and,
13further, shall be rebuttably presumed to be causally connected
14to the hazards or exposures of the employment. This presumption
15shall also apply to any hernia or hearing loss suffered by an
16employee employed as a firefighter, EMT, or paramedic. However,
17this presumption shall not apply to any employee who has been
18employed as a firefighter, EMT, or paramedic for less than 5
19years at the time he or she files an Application for Adjustment
20of Claim concerning this condition or impairment with the
21Illinois Workers' Compensation Commission. The rebuttable
22presumption established under this subsection, however, does
23not apply to an emergency medical technician (EMT) or paramedic
24employed by a private employer if the employee spends the
25preponderance of his or her work time for that employer engaged
26in medical transfers between medical care facilities or

 

 

09800SB1847sam002- 8 -LRB098 06378 JLS 43638 a

1non-emergency medical transfers to or from medical care
2facilities. The changes made to this subsection by this
3amendatory Act of the 98th General Assembly shall be narrowly
4construed. The Finding and Decision of the Illinois Workers'
5Compensation Commission under only the rebuttable presumption
6provision of this subsection shall not be admissible or be
7deemed res judicata in any disability claim under the Illinois
8Pension Code arising out of the same medical condition;
9however, this sentence makes no change to the law set forth in
10Krohe v. City of Bloomington, 204 Ill.2d 392.
11(Source: P.A. 95-316, eff. 1-1-08.)
 
12    Section 10. The Workers' Occupational Diseases Act is
13amended by changing Section 1 as follows:
 
14    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
15    Sec. 1. This Act shall be known and may be cited as the
16"Workers' Occupational Diseases Act".
17    (a) The term "employer" as used in this Act shall be
18construed to be:
19        1. The State and each county, city, town, township,
20    incorporated village, school district, body politic, or
21    municipal corporation therein.
22        2. Every person, firm, public or private corporation,
23    including hospitals, public service, eleemosynary,
24    religious or charitable corporations or associations, who

 

 

09800SB1847sam002- 9 -LRB098 06378 JLS 43638 a

1    has any person in service or under any contract for hire,
2    express or implied, oral or written.
3        3. Where an employer operating under and subject to the
4    provisions of this Act loans an employee to another such
5    employer and such loaned employee sustains a compensable
6    occupational disease in the employment of such borrowing
7    employer and where such borrowing employer does not provide
8    or pay the benefits or payments due such employee, such
9    loaning employer shall be liable to provide or pay all
10    benefits or payments due such employee under this Act and
11    as to such employee the liability of such loaning and
12    borrowing employers shall be joint and several, provided
13    that such loaning employer shall in the absence of
14    agreement to the contrary be entitled to receive from such
15    borrowing employer full reimbursement for all sums paid or
16    incurred pursuant to this paragraph together with
17    reasonable attorneys' fees and expenses in any hearings
18    before the Illinois Workers' Compensation Commission or in
19    any action to secure such reimbursement. Where any benefit
20    is provided or paid by such loaning employer, the employee
21    shall have the duty of rendering reasonable co-operation in
22    any hearings, trials or proceedings in the case, including
23    such proceedings for reimbursement.
24        Where an employee files an Application for Adjustment
25    of Claim with the Illinois Workers' Compensation
26    Commission alleging that his or her claim is covered by the

 

 

09800SB1847sam002- 10 -LRB098 06378 JLS 43638 a

1    provisions of the preceding paragraph, and joining both the
2    alleged loaning and borrowing employers, they and each of
3    them, upon written demand by the employee and within 7 days
4    after receipt of such demand, shall have the duty of filing
5    with the Illinois Workers' Compensation Commission a
6    written admission or denial of the allegation that the
7    claim is covered by the provisions of the preceding
8    paragraph and in default of such filing or if any such
9    denial be ultimately determined not to have been bona fide
10    then the provisions of Paragraph K of Section 19 of this
11    Act shall apply.
12        An employer whose business or enterprise or a
13    substantial part thereof consists of hiring, procuring or
14    furnishing employees to or for other employers operating
15    under and subject to the provisions of this Act for the
16    performance of the work of such other employers and who
17    pays such employees their salary or wage notwithstanding
18    that they are doing the work of such other employers shall
19    be deemed a loaning employer within the meaning and
20    provisions of this Section.
21    (b) The term "employee" as used in this Act, shall be
22construed to mean:
23        1. Every person in the service of the State, county,
24    city, town, township, incorporated village or school
25    district, body politic or municipal corporation therein,
26    whether by election, appointment or contract of hire,

 

 

09800SB1847sam002- 11 -LRB098 06378 JLS 43638 a

1    express or implied, oral or written, including any official
2    of the State, or of any county, city, town, township,
3    incorporated village, school district, body politic or
4    municipal corporation therein and except any duly
5    appointed member of the fire department in any city whose
6    population exceeds 500,000 according to the last Federal or
7    State census, and except any member of a fire insurance
8    patrol maintained by a board of underwriters in this State.
9    One employed by a contractor who has contracted with the
10    State, or a county, city, town, township, incorporated
11    village, school district, body politic or municipal
12    corporation therein, through its representatives, shall
13    not be considered as an employee of the State, county,
14    city, town, township, incorporated village, school
15    district, body politic or municipal corporation which made
16    the contract.
17        2. Every person in the service of another under any
18    contract of hire, express or implied, oral or written, who
19    contracts an occupational disease while working in the
20    State of Illinois, or who contracts an occupational disease
21    while working outside of the State of Illinois but where
22    the contract of hire is made within the State of Illinois,
23    and any person whose employment is principally localized
24    within the State of Illinois, regardless of the place where
25    the disease was contracted or place where the contract of
26    hire was made, including aliens, and minors who, for the

 

 

09800SB1847sam002- 12 -LRB098 06378 JLS 43638 a

1    purpose of this Act, except Section 3 hereof, shall be
2    considered the same and have the same power to contract,
3    receive payments and give quittances therefor, as adult
4    employees. An employee or his or her dependents under this
5    Act who shall have a cause of action by reason of an
6    occupational disease, disablement or death arising out of
7    and in the course of his or her employment may elect or
8    pursue his or her remedy in the State where the disease was
9    contracted, or in the State where the contract of hire is
10    made, or in the State where the employment is principally
11    localized.
12    (c) "Commission" means the Illinois Workers' Compensation
13Commission created by the Workers' Compensation Act, approved
14July 9, 1951, as amended.
15    (d) In this Act the term "Occupational Disease" means a
16disease arising out of and in the course of the employment or
17which has become aggravated and rendered disabling as a result
18of the exposure of the employment. Such aggravation shall arise
19out of a risk peculiar to or increased by the employment and
20not common to the general public.
21    A disease shall be deemed to arise out of the employment if
22there is apparent to the rational mind, upon consideration of
23all the circumstances, a causal connection between the
24conditions under which the work is performed and the
25occupational disease. The disease need not to have been
26foreseen or expected but after its contraction it must appear

 

 

09800SB1847sam002- 13 -LRB098 06378 JLS 43638 a

1to have had its origin or aggravation in a risk connected with
2the employment and to have flowed from that source as a
3rational consequence.
4    An employee shall be conclusively deemed to have been
5exposed to the hazards of an occupational disease when, for any
6length of time however short, he or she is employed in an
7occupation or process in which the hazard of the disease
8exists; provided however, that in a claim of exposure to atomic
9radiation, the fact of such exposure must be verified by the
10records of the central registry of radiation exposure
11maintained by the Department of Public Health or by some other
12recognized governmental agency maintaining records of such
13exposures whenever and to the extent that the records are on
14file with the Department of Public Health or the agency.
15    Any injury to or disease or death of an employee arising
16from the administration of a vaccine, including without
17limitation smallpox vaccine, to prepare for, or as a response
18to, a threatened or potential bioterrorist incident to the
19employee as part of a voluntary inoculation program in
20connection with the person's employment or in connection with
21any governmental program or recommendation for the inoculation
22of workers in the employee's occupation, geographical area, or
23other category that includes the employee is deemed to arise
24out of and in the course of the employment for all purposes
25under this Act. This paragraph added by Public Act 93-829 is
26declarative of existing law and is not a new enactment.

 

 

09800SB1847sam002- 14 -LRB098 06378 JLS 43638 a

1    The employer liable for the compensation in this Act
2provided shall be the employer in whose employment the employee
3was last exposed to the hazard of the occupational disease
4claimed upon regardless of the length of time of such last
5exposure, except, in cases of silicosis or asbestosis, the only
6employer liable shall be the last employer in whose employment
7the employee was last exposed during a period of 60 days or
8more after the effective date of this Act, to the hazard of
9such occupational disease, and, in such cases, an exposure
10during a period of less than 60 days, after the effective date
11of this Act, shall not be deemed a last exposure. If a miner
12who is suffering or suffered from pneumoconiosis was employed
13for 10 years or more in one or more coal mines there shall,
14effective July 1, 1973 be a rebuttable presumption that his or
15her pneumoconiosis arose out of such employment.
16    If a deceased miner was employed for 10 years or more in
17one or more coal mines and died from a respirable disease there
18shall, effective July 1, 1973, be a rebuttable presumption that
19his or her death was due to pneumoconiosis.
20    Any condition or impairment of health of an employee
21employed as a firefighter, emergency medical technician (EMT),
22or paramedic which results directly or indirectly from any
23bloodborne pathogen, lung or respiratory disease or condition,
24heart or vascular disease or condition, hypertension,
25tuberculosis, or cancer resulting in any disability
26(temporary, permanent, total, or partial) to the employee shall

 

 

09800SB1847sam002- 15 -LRB098 06378 JLS 43638 a

1be rebuttably presumed to arise out of and in the course of the
2employee's firefighting, EMT, or paramedic employment and,
3further, shall be rebuttably presumed to be causally connected
4to the hazards or exposures of the employment. This presumption
5shall also apply to any hernia or hearing loss suffered by an
6employee employed as a firefighter, EMT, or paramedic. However,
7this presumption shall not apply to any employee who has been
8employed as a firefighter, EMT, or paramedic for less than 5
9years at the time he or she files an Application for Adjustment
10of Claim concerning this condition or impairment with the
11Illinois Workers' Compensation Commission. The rebuttable
12presumption established under this subsection, however, does
13not apply to an emergency medical technician (EMT) or paramedic
14employed by a private employer if the employee spends the
15preponderance of his or her work time for that employer engaged
16in medical transfers between medical care facilities or
17non-emergency medical transfers to or from medical care
18facilities. The changes made to this subsection by this
19amendatory Act of the 98th General Assembly shall be narrowly
20construed. The Finding and Decision of the Illinois Workers'
21Compensation Commission under only the rebuttable presumption
22provision of this paragraph shall not be admissible or be
23deemed res judicata in any disability claim under the Illinois
24Pension Code arising out of the same medical condition;
25however, this sentence makes no change to the law set forth in
26Krohe v. City of Bloomington, 204 Ill.2d 392.

 

 

09800SB1847sam002- 16 -LRB098 06378 JLS 43638 a

1    The insurance carrier liable shall be the carrier whose
2policy was in effect covering the employer liable on the last
3day of the exposure rendering such employer liable in
4accordance with the provisions of this Act.
5    (e) "Disablement" means an impairment or partial
6impairment, temporary or permanent, in the function of the body
7or any of the members of the body, or the event of becoming
8disabled from earning full wages at the work in which the
9employee was engaged when last exposed to the hazards of the
10occupational disease by the employer from whom he or she claims
11compensation, or equal wages in other suitable employment; and
12"disability" means the state of being so incapacitated.
13    (f) No compensation shall be payable for or on account of
14any occupational disease unless disablement, as herein
15defined, occurs within two years after the last day of the last
16exposure to the hazards of the disease, except in cases of
17occupational disease caused by berylliosis or by the inhalation
18of silica dust or asbestos dust and, in such cases, within 3
19years after the last day of the last exposure to the hazards of
20such disease and except in the case of occupational disease
21caused by exposure to radiological materials or equipment, and
22in such case, within 25 years after the last day of last
23exposure to the hazards of such disease.
24(Source: P.A. 95-316, eff. 1-1-08; 95-331, eff. 8-21-07.)".