Illinois General Assembly - Full Text of HB1287
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Full Text of HB1287  99th General Assembly


Rep. Michael J. Madigan

Filed: 5/21/2015





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2    AMENDMENT NO. ______. Amend House Bill 1287, AS AMENDED, by
3inserting the following in its proper numeric sequence in the
5    "Section 10. The Workers' Compensation Act is amended by
6changing Section 8.1b as follows:
7    (820 ILCS 305/8.1b)
8    Sec. 8.1b. Determination of permanent partial disability.
9For accidental injuries that occur on or after September 1,
102011, permanent partial disability shall be established using
11the following criteria:
12    (a) A physician licensed to practice medicine in all of its
13branches preparing a permanent partial disability impairment
14report shall report the level of impairment in writing. The
15report shall include an evaluation of medically defined and
16professionally appropriate measurements of impairment that



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1include, but are not limited to: loss of range of motion; loss
2of strength; measured atrophy of tissue mass consistent with
3the injury; and any other measurements that establish the
4nature and extent of the impairment. The most current edition
5of the American Medical Association's "Guides to the Evaluation
6of Permanent Impairment" shall be used by the physician in
7determining the level of impairment.
8    (b) In determining the level of permanent partial
9disability, the Commission shall base its determination on the
10following factors: (i) the reported level of impairment
11pursuant to subsection (a); (ii) the occupation of the injured
12employee; (iii) the age of the employee at the time of the
13injury; (iv) the employee's future earning capacity; and (v)
14evidence of disability corroborated by objective findings in
15the treating medical records and independent medical
16examinations. No single enumerated factor shall be the sole
17determinant of disability. In determining the level of
18disability, the relevance and weight of any factors used in
19addition to the level of impairment as reported by the
20physician must be explained in a written order.
21(Source: P.A. 97-18, eff. 6-28-11.)".