Rep. Jay Hoffman

Filed: 6/3/2015





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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 7. The Workers' Compensation Act is amended by
6adding Section 35 as follows:
7    (820 ILCS 305/35 new)
8    Sec. 35. Repetitive and cumulative injuries; right of
10    (a) Any accidental injury which results from repetitive or
11cumulative trauma and occurs within 3 months after the employee
12begins his or her employment shall not be considered by a
13workers' compensation insurer in setting the premium rate for
14the employer.
15    (b) If an award is made for benefits in connection with
16repetitive or cumulative injury resulting from employment with



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1more than one employer, the employer liable for award or its
2insurer is entitled to contributions or reimbursement from each
3of the employee's prior employers which are subject to this Act
4or their insurers for the prior employer's pro rata share of
5responsibility as determined by the Commission. The right to
6contribution or reimbursement under this Section shall not
7delay, diminish, restrict, or alter in any way the benefits to
8which the employee or his or her dependents are entitled under
9this Act. At any time within one year after the Commission or
10the Arbitrator has made an award for benefits in connection
11with repetitive or cumulative injury, the employer liable under
12the award or its insurer may institute proceedings before the
13Commission for the purpose of determining the right of
14contribution or reimbursement. The proceeding shall not delay,
15diminish, restrict, or alter in any way the benefits to which
16the employee or his or her dependents are entitled under this
17Act, but shall be limited to a determination of the respective
18contribution or reimbursement rights and the responsibilities
19of all the employers joined in the proceeding. The employee has
20the duty of rendering reasonable cooperation in any of such
22    (c) No contribution or reimbursement may be sought for any
23payment of benefits more than 2 years after the employer
24seeking contribution or reimbursement has made the payment.
25    (d) This Section shall apply only to injuries occurring on
26or after the effective date of this amendatory Act of the 99th



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1General Assembly.
2    (e) The Commission shall adopt emergency rules under
3Section 5-45 of the Illinois Administrative Procedure Act to
4implement the provisions of this Section to implement this