Full Text of HB2301 101st General Assembly
HB2301sam001 101ST GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/17/2019
| | 10100HB2301sam001 | | LRB101 08580 TAE 60798 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2301
| 2 | | AMENDMENT NO. ______. Amend House Bill 2301 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Sections 5-125, 5-155, and 5-540 as | 6 | | follows:
| 7 | | (20 ILCS 5/5-125) (was 20 ILCS 5/5.13i)
| 8 | | Sec. 5-125. In the Department of Employment Security. The | 9 | | board of review, which shall consist of 5 members, 2 of
whom | 10 | | shall be representatives of a labor organization recognized | 11 | | under the National Labor Relations Act representative citizens | 12 | | chosen from the
employee class ,
2 of whom shall be | 13 | | representative citizens chosen from the
employing
class, and | 14 | | one of whom shall be a representative citizen not identified
| 15 | | with either the employing class or a labor organization | 16 | | employee classes .
|
| | | 10100HB2301sam001 | - 2 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 2 | | (20 ILCS 5/5-155) (was 20 ILCS 5/5.04)
| 3 | | Sec. 5-155.
In the Office of Mines and
Minerals of the | 4 | | Department of Natural Resources.
In the Office of Mines and | 5 | | Minerals of the Department of Natural
Resources, there shall be | 6 | | a State Mining Board, which shall consist
of 6 officers | 7 | | designated as mine officers and the Director of the
Office
of | 8 | | Mines and Minerals. Three officers shall be representatives of | 9 | | the
employing class and 3 officers shall be chosen from a labor | 10 | | organization recognized under the National Labor Relations Act | 11 | | representing coal miners of the employee class . The 6 mine | 12 | | officers shall be
qualified as follows:
| 13 | | (1) Two mine officers from the employing class shall | 14 | | have at
least 4 years' years
experience in a supervisory | 15 | | capacity in an underground coal mine and each
shall hold a | 16 | | certificate of competency as an Illinois a mine examiner or | 17 | | Illinois mine manager.
| 18 | | (2) The third mine officer from the employing class | 19 | | shall have
at least
4 years' years experience in a | 20 | | supervisory capacity in a surface coal mine.
| 21 | | (3) Two mine officers chosen from a labor organization | 22 | | representing coal miners from the employee class shall have | 23 | | 4
years experience
in an underground coal mine and shall | 24 | | hold certificates a first class certificate of
competency | 25 | | as an Illinois mine examiner .
|
| | | 10100HB2301sam001 | - 3 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (4) The third mine officer chosen from a labor | 2 | | organization representing coal miners from the employee | 3 | | class shall have
at least
4 years experience in a surface | 4 | | coal mine.
| 5 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 6 | | (20 ILCS 5/5-540) (was 20 ILCS 5/6.28 and 5/7.01)
| 7 | | Sec. 5-540. In the Department of Employment Security. An
| 8 | | Employment
Security Advisory Board,
composed of 12 persons. Of | 9 | | the
12 members of
the Employment Security Advisory Board, 4 | 10 | | members shall be chosen from a labor organization recognized | 11 | | under the National Labor Relations Act
representative
citizens | 12 | | chosen from the employee class , 4 members shall be
| 13 | | representative citizens chosen from the employing class, and 4
| 14 | | members
shall be representative citizens not identified with | 15 | | either the employing
class
or a labor organization the employee | 16 | | class .
| 17 | | (Source: P.A. 93-634, eff. 1-1-04.)
| 18 | | Section 7. The Coal Mining Act is amended by changing | 19 | | Sections 8.02 and 8.03 as follows:
| 20 | | (225 ILCS 705/8.02) (from Ch. 96 1/2, par. 802)
| 21 | | Sec. 8.02.
There is created in the Department of Natural | 22 | | Resources, Office
of Mines and Minerals, a Miners' Examining | 23 | | Board which shall consist of 4
four miners' examining officers |
| | | 10100HB2301sam001 | - 4 - | LRB101 08580 TAE 60798 a |
|
| 1 | | to be appointed by the Governor, 2 of whom must be from a labor | 2 | | organization recognized under the National Labor Relations Act | 3 | | representing coal miners, for a term of
2 years and until their | 4 | | successors are appointed and qualified. Terms of
office shall | 5 | | commence on the third Monday in January in each odd-numbered | 6 | | year.
Three of such officers shall constitute a quorum.
| 7 | | This amendatory Act of 1995 does not affect the terms of | 8 | | members of the
Miners' Examining Board holding office on the | 9 | | effective date of this amendatory
Act of 1995.
| 10 | | A complete record of the proceedings and acts of the | 11 | | Miners'
Examining Board shall be kept and preserved. Said | 12 | | officers shall hold no
other lucrative office or employment | 13 | | under the government of the United
States, State of Illinois, | 14 | | or any political division thereof or any
municipal corporation | 15 | | therein and each such officer before entering upon
the duties | 16 | | of his office shall subscribe and take the oath prescribed by
| 17 | | the Constitution of this State, and shall before entering upon | 18 | | the duties
of his office give a bond with sufficient surety to | 19 | | be approved by the
Governor, payable to the People of the State | 20 | | of Illinois in the penal sum
of $5,000, conditioned for the | 21 | | faithful discharge of the duties of office
and the delivery of | 22 | | all records, books, moneys, and other property
pertaining to | 23 | | his successor in office, which said bond shall be deposited
in | 24 | | the office of the Secretary of State. Vacancies shall be filled | 25 | | by
appointment as provided herein for the balance of the | 26 | | unexpired term.
|
| | | 10100HB2301sam001 | - 5 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 2 | | (225 ILCS 705/8.03) (from Ch. 96 1/2, par. 803)
| 3 | | Sec. 8.03.
No person shall be appointed to the Miners' | 4 | | Examining Board who
has not had at least 5 years' practical and | 5 | | continuous experience as an underground a coal
miner . The | 6 | | members of the Miners' Examining Board shall hold certificates | 7 | | of competency as an Illinois mine examiner. Two of the members | 8 | | of the Miners' Examining Board shall be representatives of a | 9 | | labor organization recognized under the National Labor | 10 | | Relations Act representing coal miners. Two of the members of | 11 | | the Miners' Examining Board shall be from the employing class. , | 12 | | and who has not been actually engaged in coal mining as a miner | 13 | | in
the State of Illinois continuously for 12 months next | 14 | | preceding his
appointment; except that a miners' examining | 15 | | officer may be appointed to
succeed himself.
| 16 | | (Source: Laws 1953, p. 701.)
| 17 | | Section 10. The Workers' Compensation Act is amended by | 18 | | changing Sections 4, 8.3, 13.1, and 19 as follows:
| 19 | | (820 ILCS 305/4) (from Ch. 48, par. 138.4)
| 20 | | Sec. 4. (a) Any employer, including but not limited to | 21 | | general contractors
and their subcontractors, who shall come | 22 | | within the provisions of
Section 3 of this Act, and any other | 23 | | employer who shall elect to provide
and pay the compensation |
| | | 10100HB2301sam001 | - 6 - | LRB101 08580 TAE 60798 a |
|
| 1 | | provided for in this Act shall:
| 2 | | (1) File with the Commission annually an application | 3 | | for approval as a
self-insurer which shall include a | 4 | | current financial statement, and
annually, thereafter, an | 5 | | application for renewal of self-insurance, which
shall | 6 | | include a current financial statement. Said
application | 7 | | and financial statement shall be signed and sworn to by the
| 8 | | president or vice president and secretary or assistant | 9 | | secretary of the
employer if it be a corporation, or by all | 10 | | of the partners, if it be a
copartnership, or by the owner | 11 | | if it be neither a copartnership nor a
corporation. All | 12 | | initial applications and all applications for renewal of
| 13 | | self-insurance must be submitted at least 60 days prior to | 14 | | the requested
effective date of self-insurance. An | 15 | | employer may elect to provide and pay
compensation as | 16 | | provided
for in this Act as a member of a group workers' | 17 | | compensation pool under Article
V 3/4 of the Illinois | 18 | | Insurance Code. If an employer becomes a member of a
group | 19 | | workers' compensation pool, the employer shall not be | 20 | | relieved of any
obligations imposed by this Act.
| 21 | | If the sworn application and financial statement of any | 22 | | such employer
does not satisfy the Commission of the | 23 | | financial ability of the employer
who has filed it, the | 24 | | Commission shall require such employer to,
| 25 | | (2) Furnish security, indemnity or a bond guaranteeing | 26 | | the payment
by the employer of the compensation provided |
| | | 10100HB2301sam001 | - 7 - | LRB101 08580 TAE 60798 a |
|
| 1 | | for in this Act, provided
that any such employer whose | 2 | | application and financial statement shall
not have | 3 | | satisfied the commission of his or her financial ability | 4 | | and
who shall have secured his liability in part by excess | 5 | | liability insurance
shall be required to furnish to the | 6 | | Commission security, indemnity or bond
guaranteeing his or | 7 | | her payment up to the effective limits of the excess
| 8 | | coverage, or
| 9 | | (3) Insure his entire liability to pay such | 10 | | compensation in some
insurance carrier authorized, | 11 | | licensed, or permitted to do such
insurance business in | 12 | | this State. Every policy of an insurance carrier,
insuring | 13 | | the payment of compensation under this Act shall cover all | 14 | | the
employees and the entire compensation liability of the | 15 | | insured:
Provided, however, that any employer may insure | 16 | | his or her compensation
liability with 2 or more insurance | 17 | | carriers or may insure a part and
qualify under subsection | 18 | | 1, 2, or 4 for the remainder of his or her
liability to pay | 19 | | such compensation, subject to the following two | 20 | | provisions:
| 21 | | Firstly, the entire compensation liability of the | 22 | | employer to
employees working at or from one location | 23 | | shall be insured in one such
insurance carrier or shall | 24 | | be self-insured, and
| 25 | | Secondly, the employer shall submit evidence | 26 | | satisfactorily to the
Commission that his or her entire |
| | | 10100HB2301sam001 | - 8 - | LRB101 08580 TAE 60798 a |
|
| 1 | | liability for the compensation provided
for in this Act | 2 | | will be secured. Any provisions in any policy, or in | 3 | | any
endorsement attached thereto, attempting to limit | 4 | | or modify in any way,
the liability of the insurance | 5 | | carriers issuing the same except as
otherwise provided | 6 | | herein shall be wholly void.
| 7 | | Nothing herein contained shall apply to policies of | 8 | | excess liability
carriage secured by employers who have | 9 | | been approved by the Commission
as self-insurers, or
| 10 | | (4) Make some other provision, satisfactory to the | 11 | | Commission, for
the securing of the payment of compensation | 12 | | provided for in this Act,
and
| 13 | | (5) Upon becoming subject to this Act and thereafter as | 14 | | often as the
Commission may in writing demand, file with | 15 | | the Commission in form prescribed
by it evidence of his or | 16 | | her compliance with the provision of this Section.
| 17 | | (a-1) Regardless of its state of domicile or its principal | 18 | | place of
business, an employer shall make payments to its | 19 | | insurance carrier or group
self-insurance fund, where | 20 | | applicable, based upon the premium rates of the
situs where the | 21 | | work or project is located in Illinois if:
| 22 | | (A) the employer is engaged primarily in the building | 23 | | and
construction industry; and
| 24 | | (B) subdivision (a)(3) of this Section applies to the | 25 | | employer or
the employer is a member of a group | 26 | | self-insurance plan as defined in
subsection (1) of Section |
| | | 10100HB2301sam001 | - 9 - | LRB101 08580 TAE 60798 a |
|
| 1 | | 4a.
| 2 | | The Illinois Workers' Compensation Commission shall impose | 3 | | a penalty upon an employer
for violation of this subsection | 4 | | (a-1) if:
| 5 | | (i) the employer is given an opportunity at a hearing | 6 | | to present
evidence of its compliance with this subsection | 7 | | (a-1); and
| 8 | | (ii) after the hearing, the Commission finds that the | 9 | | employer
failed to make payments upon the premium rates of | 10 | | the situs where the work or
project is located in Illinois.
| 11 | | The penalty shall not exceed $1,000 for each day of work | 12 | | for which
the employer failed to make payments upon the premium | 13 | | rates of the situs where
the
work or project is located in | 14 | | Illinois, but the total penalty shall not exceed
$50,000 for | 15 | | each project or each contract under which the work was
| 16 | | performed.
| 17 | | Any penalty under this subsection (a-1) must be imposed not | 18 | | later
than one year after the expiration of the applicable | 19 | | limitation period
specified in subsection (d) of Section 6 of | 20 | | this Act. Penalties imposed under
this subsection (a-1) shall | 21 | | be deposited into the Illinois Workers' Compensation | 22 | | Commission
Operations Fund, a special fund that is created in | 23 | | the State treasury. Subject
to appropriation, moneys in the | 24 | | Fund shall be used solely for the operations
of the Illinois | 25 | | Workers' Compensation Commission and by the Department of | 26 | | Insurance for the purposes authorized in subsection (c) of |
| | | 10100HB2301sam001 | - 10 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Section 25.5 of this Act.
| 2 | | (a-2) Every Employee Leasing Company (ELC), as defined in | 3 | | Section 15 of the Employee Leasing Company Act, shall at a | 4 | | minimum provide the following information to the Commission or | 5 | | any entity designated by the Commission regarding each workers' | 6 | | compensation insurance policy issued to the ELC: | 7 | | (1) Any client company of the ELC listed as an | 8 | | additional named insured. | 9 | | (2) Any informational schedule attached to the master | 10 | | policy that identifies any individual client company's | 11 | | name, FEIN, and job location. | 12 | | (3) Any certificate of insurance coverage document | 13 | | issued to a client company specifying its rights and | 14 | | obligations under the master policy that establishes both | 15 | | the identity and status of the client, as well as the dates | 16 | | of inception and termination of coverage, if applicable. | 17 | | (b) The sworn application and financial statement, or | 18 | | security,
indemnity or bond, or amount of insurance, or other | 19 | | provisions, filed,
furnished, carried, or made by the employer, | 20 | | as the case may be, shall
be subject to the approval of the | 21 | | Commission.
| 22 | | Deposits under escrow agreements shall be cash, negotiable | 23 | | United
States government bonds or negotiable general | 24 | | obligation bonds of the
State of Illinois. Such cash or bonds | 25 | | shall be deposited in
escrow with any State or National Bank or | 26 | | Trust Company having trust
authority in the State of Illinois.
|
| | | 10100HB2301sam001 | - 11 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Upon the approval of the sworn application and financial | 2 | | statement,
security, indemnity or bond or amount of insurance, | 3 | | filed, furnished or
carried, as the case may be, the Commission | 4 | | shall send to the employer
written notice of its approval | 5 | | thereof. The certificate of compliance
by the employer with the | 6 | | provisions of subparagraphs (2) and (3) of
paragraph (a) of | 7 | | this Section shall be delivered by the insurance
carrier to the | 8 | | Illinois Workers' Compensation Commission within five days | 9 | | after the
effective date of the policy so certified. The | 10 | | insurance so certified
shall cover all compensation liability | 11 | | occurring during the time that
the insurance is in effect and | 12 | | no further certificate need be filed in case
such insurance is | 13 | | renewed, extended or otherwise continued by such
carrier. The | 14 | | insurance so certified shall not be cancelled or in the
event | 15 | | that such insurance is not renewed, extended or otherwise
| 16 | | continued, such insurance shall not be terminated until at | 17 | | least 10
days after receipt by the Illinois Workers' | 18 | | Compensation Commission of notice of the
cancellation or | 19 | | termination of said insurance; provided, however, that
if the | 20 | | employer has secured insurance from another insurance carrier, | 21 | | or
has otherwise secured the payment of compensation in | 22 | | accordance with
this Section, and such insurance or other | 23 | | security becomes effective
prior to the expiration of the 10 | 24 | | days, cancellation or termination may, at
the option of the | 25 | | insurance carrier indicated in such notice, be effective
as of | 26 | | the effective date of such other insurance or security.
|
| | | 10100HB2301sam001 | - 12 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (c) Whenever the Commission shall find that any | 2 | | corporation,
company, association, aggregation of individuals, | 3 | | reciprocal or
interinsurers exchange, or other insurer | 4 | | effecting workers' compensation
insurance in this State shall | 5 | | be insolvent, financially unsound, or
unable to fully meet all | 6 | | payments and liabilities assumed or to be
assumed for | 7 | | compensation insurance in this State, or shall practice a
| 8 | | policy of delay or unfairness toward employees in the | 9 | | adjustment,
settlement, or payment of benefits due such | 10 | | employees, the Commission
may after reasonable notice and | 11 | | hearing order and direct that such
corporation, company, | 12 | | association, aggregation of individuals,
reciprocal or | 13 | | interinsurers exchange, or insurer, shall from and after a
date | 14 | | fixed in such order discontinue the writing of any such | 15 | | workers'
compensation insurance in this State. Subject to such | 16 | | modification of
the order as the Commission may later make on | 17 | | review of the order,
as herein provided, it shall thereupon be | 18 | | unlawful for any such
corporation, company, association, | 19 | | aggregation of individuals,
reciprocal or interinsurers | 20 | | exchange, or insurer to effect any workers'
compensation | 21 | | insurance in this State. A copy of the order shall be served
| 22 | | upon the Director of Insurance by registered mail. Whenever the | 23 | | Commission
finds that any service or adjustment company used or | 24 | | employed
by a self-insured employer or by an insurance carrier | 25 | | to process,
adjust, investigate, compromise or otherwise | 26 | | handle claims under this
Act, has practiced or is practicing a |
| | | 10100HB2301sam001 | - 13 - | LRB101 08580 TAE 60798 a |
|
| 1 | | policy of delay or unfairness
toward employees in the | 2 | | adjustment, settlement or payment of benefits
due such | 3 | | employees, the Commission may after reasonable notice and
| 4 | | hearing order and direct that such service or adjustment | 5 | | company shall
from and after a date fixed in such order be | 6 | | prohibited from processing,
adjusting, investigating, | 7 | | compromising or otherwise handling claims
under this Act.
| 8 | | Whenever the Commission finds that any self-insured | 9 | | employer has
practiced or is practicing delay or unfairness | 10 | | toward employees in the
adjustment, settlement or payment of | 11 | | benefits due such employees, the
Commission may, after | 12 | | reasonable notice and hearing, order and direct
that after a | 13 | | date fixed in the order such self-insured employer shall be
| 14 | | disqualified to operate as a self-insurer and shall be required | 15 | | to
insure his entire liability to pay compensation in some | 16 | | insurance
carrier authorized, licensed and permitted to do such | 17 | | insurance business
in this State, as provided in subparagraph 3 | 18 | | of paragraph (a) of this
Section.
| 19 | | All orders made by the Commission under this Section shall | 20 | | be subject
to review by the courts, said review to be taken in | 21 | | the same manner and
within the same time as provided by Section | 22 | | 19 of this Act for review of
awards and decisions of the | 23 | | Commission, upon the party seeking the
review filing with the | 24 | | clerk of the court to which said review is taken
a bond in an | 25 | | amount to be fixed and approved by the court to which the
| 26 | | review is taken, conditioned upon the payment of all |
| | | 10100HB2301sam001 | - 14 - | LRB101 08580 TAE 60798 a |
|
| 1 | | compensation awarded
against the person taking said review | 2 | | pending a decision thereof and
further conditioned upon such | 3 | | other obligations as the court may impose.
Upon the review the | 4 | | Circuit Court shall have power to review all questions
of fact | 5 | | as well as of law. The penalty hereinafter provided for in this
| 6 | | paragraph shall not attach and shall not begin to run until the | 7 | | final
determination of the order of the Commission.
| 8 | | (d) Whenever a panel of 3 Commissioners comprised of one | 9 | | member of the employing class, one representative of a labor | 10 | | organization recognized under the National Labor Relations Act | 11 | | or an attorney who has represented labor organizations or has | 12 | | represented employees in workers' compensation cases member of | 13 | | the employee class , and one member not identified with either | 14 | | the employing class or a labor organization or employee class , | 15 | | with due process and after a hearing, determines an employer | 16 | | has knowingly failed to provide coverage as required by | 17 | | paragraph (a) of this Section, the failure shall be deemed an | 18 | | immediate serious danger to public health, safety, and welfare | 19 | | sufficient to justify service by the Commission of a work-stop | 20 | | order on such employer, requiring the cessation of all business | 21 | | operations of such employer at the place of employment or job | 22 | | site. Any law enforcement agency in the State shall, at the | 23 | | request of the Commission, render any assistance necessary to | 24 | | carry out the provisions of this Section, including, but not | 25 | | limited to, preventing any employee of such employer from | 26 | | remaining at a place of employment or job site after a |
| | | 10100HB2301sam001 | - 15 - | LRB101 08580 TAE 60798 a |
|
| 1 | | work-stop order has taken effect. Any work-stop order shall be | 2 | | lifted upon proof of insurance as required by this Act. Any | 3 | | orders under this Section are appealable under Section 19(f) to | 4 | | the Circuit Court.
| 5 | | Any individual employer, corporate officer or director of a | 6 | | corporate employer, partner of an employer partnership, or | 7 | | member of an employer limited liability company who knowingly | 8 | | fails to provide coverage as required by paragraph (a) of this | 9 | | Section is guilty of a Class 4 felony. This provision shall not | 10 | | apply to any corporate officer or director of any | 11 | | publicly-owned corporation. Each day's violation constitutes a | 12 | | separate offense. The State's Attorney of the county in which | 13 | | the violation occurred, or the Attorney General, shall bring | 14 | | such actions in the name of the People of the State of | 15 | | Illinois, or may, in addition to other remedies provided in | 16 | | this Section, bring an action for an injunction to restrain the | 17 | | violation or to enjoin the operation of any such employer.
| 18 | | Any individual employer, corporate officer or director of a | 19 | | corporate employer, partner of an employer partnership, or | 20 | | member of an employer limited liability company who negligently | 21 | | fails to provide coverage as required by paragraph (a) of this | 22 | | Section is guilty of a Class A misdemeanor. This provision | 23 | | shall not apply to any corporate officer or director of any | 24 | | publicly-owned corporation. Each day's violation constitutes a | 25 | | separate offense. The State's Attorney of the county in which | 26 | | the violation occurred, or the Attorney General, shall bring |
| | | 10100HB2301sam001 | - 16 - | LRB101 08580 TAE 60798 a |
|
| 1 | | such actions in the name of the People of the State of | 2 | | Illinois.
| 3 | | The criminal penalties in this subsection (d) shall not | 4 | | apply where
there exists a good faith dispute as to the | 5 | | existence of an
employment relationship. Evidence of good faith | 6 | | shall
include, but not be limited to, compliance with the | 7 | | definition
of employee as used by the Internal Revenue Service.
| 8 | | Employers who are subject to and who knowingly fail to | 9 | | comply with this Section shall not be entitled to the benefits | 10 | | of this Act during the period of noncompliance, but shall be | 11 | | liable in an action under any other applicable law of this | 12 | | State. In the action, such employer shall not avail himself or | 13 | | herself of the defenses of assumption of risk or negligence or | 14 | | that the injury was due to a co-employee. In the action, proof | 15 | | of the injury shall constitute prima facie evidence of | 16 | | negligence on the part of such employer and the burden shall be | 17 | | on such employer to show freedom of negligence resulting in the | 18 | | injury. The employer shall not join any other defendant in any | 19 | | such civil action. Nothing in this amendatory Act of the 94th | 20 | | General Assembly shall affect the employee's rights under | 21 | | subdivision (a)3 of Section 1 of this Act. Any employer or | 22 | | carrier who makes payments under subdivision (a)3 of Section 1 | 23 | | of this Act shall have a right of reimbursement from the | 24 | | proceeds of any recovery under this Section.
| 25 | | An employee of an uninsured employer, or the employee's | 26 | | dependents in case death ensued, may, instead of proceeding |
| | | 10100HB2301sam001 | - 17 - | LRB101 08580 TAE 60798 a |
|
| 1 | | against the employer in a civil action in court, file an | 2 | | application for adjustment of claim with the Commission in | 3 | | accordance with the provisions of this Act and the Commission | 4 | | shall hear and determine the application for adjustment of | 5 | | claim in the manner in which other claims are heard and | 6 | | determined before the Commission.
| 7 | | All proceedings under this subsection (d) shall be reported | 8 | | on an annual basis to the Workers' Compensation Advisory Board.
| 9 | | An investigator with the Illinois Workers' Compensation | 10 | | Commission Insurance Compliance Division may issue a citation | 11 | | to any employer that is not in compliance with its obligation | 12 | | to have workers' compensation insurance under this Act. The | 13 | | amount of the fine shall be based on the period of time the | 14 | | employer was in non-compliance, but shall be no less than $500, | 15 | | and shall not exceed $2,500. An employer that has been issued a | 16 | | citation shall pay the fine to the Commission and provide to | 17 | | the Commission proof that it obtained the required workers' | 18 | | compensation insurance within 10 days after the citation was | 19 | | issued. This Section does not affect any other obligations this | 20 | | Act imposes on employers. | 21 | | Upon a finding by the Commission, after reasonable notice | 22 | | and
hearing, of the knowing and wilful failure or refusal of an | 23 | | employer to
comply with
any of the provisions of paragraph (a) | 24 | | of this Section, the failure or
refusal of an employer, service | 25 | | or adjustment company, or an insurance
carrier to comply with | 26 | | any order of the Illinois Workers' Compensation Commission |
| | | 10100HB2301sam001 | - 18 - | LRB101 08580 TAE 60798 a |
|
| 1 | | pursuant to
paragraph (c) of this Section disqualifying him or | 2 | | her to operate as a self
insurer and requiring him or her to | 3 | | insure his or her liability, or the knowing and willful failure | 4 | | of an employer to comply with a citation issued by an | 5 | | investigator with the Illinois Workers' Compensation | 6 | | Commission Insurance Compliance Division, the
Commission may | 7 | | assess a civil penalty of up to $500 per day for each day of
| 8 | | such failure or refusal after the effective date of this | 9 | | amendatory Act of
1989. The minimum penalty under this Section | 10 | | shall be the sum of $10,000.
Each day of such failure or | 11 | | refusal shall constitute a separate offense.
The Commission may | 12 | | assess the civil penalty personally and individually
against | 13 | | the corporate officers and directors of a corporate employer, | 14 | | the
partners of an employer partnership, and the members of an | 15 | | employer limited
liability company, after a finding of a | 16 | | knowing and willful refusal or failure
of each such named | 17 | | corporate officer, director, partner, or member to comply
with | 18 | | this Section. The liability for the assessed penalty shall be
| 19 | | against the named employer first, and
if the named employer | 20 | | fails or refuses to pay the penalty to the
Commission within 30 | 21 | | days after the final order of the Commission, then the
named
| 22 | | corporate officers, directors, partners, or members who have | 23 | | been found to have
knowingly and willfully refused or failed to | 24 | | comply with this Section shall be
liable for the unpaid penalty | 25 | | or any unpaid portion of the penalty. Upon investigation by the | 26 | | insurance non-compliance unit of the Commission, the Attorney |
| | | 10100HB2301sam001 | - 19 - | LRB101 08580 TAE 60798 a |
|
| 1 | | General shall have the authority to prosecute all proceedings | 2 | | to enforce the civil and administrative provisions of this | 3 | | Section before the Commission. The Commission shall promulgate | 4 | | procedural rules for enforcing this Section.
| 5 | | Upon the failure or refusal of any employer, service or | 6 | | adjustment
company or insurance carrier to comply with the | 7 | | provisions of this Section
and with the orders of the | 8 | | Commission under this Section, or the order of
the court on | 9 | | review after final adjudication, the Commission may bring a
| 10 | | civil action to recover the amount of the penalty in Cook | 11 | | County or in
Sangamon County in which litigation the Commission | 12 | | shall be represented by
the Attorney General. The Commission | 13 | | shall send notice of its finding of
non-compliance and | 14 | | assessment of the civil penalty to the Attorney General.
It | 15 | | shall be the duty of the Attorney General within 30 days after | 16 | | receipt
of the notice, to institute prosecutions and promptly | 17 | | prosecute all
reported violations of this Section.
| 18 | | Any individual employer, corporate officer or director of a | 19 | | corporate employer, partner of an employer partnership, or | 20 | | member of an employer limited liability company who, with the | 21 | | intent to avoid payment of compensation under this Act to an | 22 | | injured employee or the employee's dependents, knowingly | 23 | | transfers, sells, encumbers, assigns, or in any manner disposes | 24 | | of, conceals, secretes, or destroys any property belonging to | 25 | | the employer, officer, director, partner, or member is guilty | 26 | | of a Class 4 felony.
|
| | | 10100HB2301sam001 | - 20 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Penalties and fines collected pursuant to this paragraph | 2 | | (d) shall be deposited upon receipt into a special fund which | 3 | | shall be designated the Injured Workers' Benefit Fund, of which | 4 | | the State Treasurer is ex-officio custodian, such special fund | 5 | | to be held and disbursed in accordance with this paragraph (d) | 6 | | for the purposes hereinafter stated in this paragraph (d), upon | 7 | | the final order of the Commission. The Injured Workers' Benefit | 8 | | Fund shall be deposited the same as are State funds and any | 9 | | interest accruing thereon shall be added thereto every 6 | 10 | | months. The Injured Workers' Benefit Fund is subject to audit | 11 | | the same as State funds and accounts and is protected by the | 12 | | general bond given by the State Treasurer. The Injured Workers' | 13 | | Benefit Fund is considered always appropriated for the purposes | 14 | | of disbursements as provided in this paragraph, and shall be | 15 | | paid out and disbursed as herein provided and shall not at any | 16 | | time be appropriated or diverted to any other use or purpose. | 17 | | Moneys in the Injured Workers' Benefit Fund shall be used only | 18 | | for payment of workers' compensation benefits for injured | 19 | | employees when the employer has failed to provide coverage as | 20 | | determined under this paragraph (d) and has failed to pay the | 21 | | benefits due to the injured employee. The Commission shall have | 22 | | the right to obtain reimbursement from the employer for | 23 | | compensation obligations paid by the Injured Workers' Benefit | 24 | | Fund. Any such amounts obtained shall be deposited by the | 25 | | Commission into the Injured Workers' Benefit Fund. If an | 26 | | injured employee or his or her personal representative receives |
| | | 10100HB2301sam001 | - 21 - | LRB101 08580 TAE 60798 a |
|
| 1 | | payment from the Injured Workers' Benefit Fund, the State of | 2 | | Illinois has the same rights under paragraph (b) of Section 5 | 3 | | that the employer who failed to pay the benefits due to the | 4 | | injured employee would have had if the employer had paid those | 5 | | benefits, and any moneys recovered by the State as a result of | 6 | | the State's exercise of its rights under paragraph (b) of | 7 | | Section 5 shall be deposited into the Injured Workers' Benefit | 8 | | Fund. The custodian of the Injured Workers' Benefit Fund shall | 9 | | be joined with the employer as a party respondent in the | 10 | | application for adjustment of claim. After July 1, 2006, the | 11 | | Commission shall make disbursements from the Fund once each | 12 | | year to each eligible claimant. An eligible claimant is an | 13 | | injured worker who has within the previous fiscal year obtained | 14 | | a final award for benefits from the Commission against the | 15 | | employer and the Injured Workers' Benefit Fund and has notified | 16 | | the Commission within 90 days of receipt of such award. Within | 17 | | a reasonable time after the end of each fiscal year, the | 18 | | Commission shall make a disbursement to each eligible claimant. | 19 | | At the time of disbursement, if there are insufficient moneys | 20 | | in the Fund to pay all claims, each eligible claimant shall | 21 | | receive a pro-rata share, as determined by the Commission, of | 22 | | the available moneys in the Fund for that year. Payment from | 23 | | the Injured Workers' Benefit Fund to an eligible claimant | 24 | | pursuant to this provision shall discharge the obligations of | 25 | | the Injured Workers' Benefit Fund regarding the award entered | 26 | | by the Commission.
|
| | | 10100HB2301sam001 | - 22 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (e) This Act shall not affect or disturb the continuance of | 2 | | any
existing insurance, mutual aid, benefit, or relief | 3 | | association or
department, whether maintained in whole or in | 4 | | part by the employer or
whether maintained by the employees, | 5 | | the payment of benefits of such
association or department being | 6 | | guaranteed by the employer or by some
person, firm or | 7 | | corporation for him or her: Provided, the employer contributes
| 8 | | to such association or department an amount not less than the | 9 | | full
compensation herein provided, exclusive of the cost of the | 10 | | maintenance
of such association or department and without any | 11 | | expense to the
employee. This Act shall not prevent the | 12 | | organization and maintaining
under the insurance laws of this | 13 | | State of any benefit or insurance
company for the purpose of | 14 | | insuring against the compensation provided
for in this Act, the | 15 | | expense of which is maintained by the employer.
This Act shall | 16 | | not prevent the organization or maintaining under the
insurance | 17 | | laws of this State of any voluntary mutual aid, benefit or
| 18 | | relief association among employees for the payment of | 19 | | additional
accident or sick benefits.
| 20 | | (f) No existing insurance, mutual aid, benefit or relief | 21 | | association
or department shall, by reason of anything herein | 22 | | contained, be
authorized to discontinue its operation without | 23 | | first discharging its
obligations to any and all persons | 24 | | carrying insurance in the same or
entitled to relief or | 25 | | benefits therein.
| 26 | | (g) Any contract, oral, written or implied, of employment |
| | | 10100HB2301sam001 | - 23 - | LRB101 08580 TAE 60798 a |
|
| 1 | | providing
for relief benefit, or insurance or any other device | 2 | | whereby the
employee is required to pay any premium or premiums | 3 | | for insurance
against the compensation provided for in this Act | 4 | | shall be null and
void. Any employer withholding from the wages | 5 | | of any employee any
amount for the purpose of paying any such | 6 | | premium shall be guilty of a
Class B misdemeanor.
| 7 | | In the event the employer does not pay the compensation for | 8 | | which he or
she is liable, then an insurance company, | 9 | | association or insurer which may
have insured such employer | 10 | | against such liability shall become primarily
liable to pay to | 11 | | the employee, his or her personal representative or
beneficiary | 12 | | the compensation required by the provisions of this Act to
be | 13 | | paid by such employer. The insurance carrier may be made a | 14 | | party to
the proceedings in which the employer is a party and | 15 | | an award may be
entered jointly against the employer and the | 16 | | insurance carrier.
| 17 | | (h) It shall be unlawful for any employer, insurance | 18 | | company or
service or adjustment company to interfere with, | 19 | | restrain or coerce an
employee in any manner whatsoever in the | 20 | | exercise of the rights or
remedies granted to him or her by | 21 | | this Act or to discriminate, attempt to
discriminate, or | 22 | | threaten to discriminate against an employee in any way
because | 23 | | of his or her exercise of the rights or remedies granted to
him | 24 | | or her by this Act.
| 25 | | It shall be unlawful for any employer, individually or | 26 | | through any
insurance company or service or adjustment company, |
| | | 10100HB2301sam001 | - 24 - | LRB101 08580 TAE 60798 a |
|
| 1 | | to discharge or to
threaten to discharge, or to refuse to | 2 | | rehire or recall to active
service in a suitable capacity an | 3 | | employee because of the exercise of
his or her rights or | 4 | | remedies granted to him or her by this Act.
| 5 | | (i) If an employer elects to obtain a life insurance policy | 6 | | on his
employees, he may also elect to apply such benefits in | 7 | | satisfaction of all
or a portion of the death benefits payable | 8 | | under this Act, in which case,
the employer's compensation | 9 | | premium shall be reduced accordingly.
| 10 | | (j) Within 45 days of receipt of an initial application or | 11 | | application
to renew self-insurance privileges the | 12 | | Self-Insurers Advisory Board shall
review and submit for | 13 | | approval by the Chairman of the Commission
recommendations of | 14 | | disposition of all initial applications to self-insure
and all | 15 | | applications to renew self-insurance privileges filed by | 16 | | private
self-insurers pursuant to the provisions of this | 17 | | Section and Section 4a-9
of this Act. Each private self-insurer | 18 | | shall submit with its initial and
renewal applications the | 19 | | application fee required by Section 4a-4 of this Act.
| 20 | | The Chairman of the Commission shall promptly act upon all | 21 | | initial
applications and applications for renewal in full | 22 | | accordance with the
recommendations of the Board or, should the | 23 | | Chairman disagree with any
recommendation of disposition of the | 24 | | Self-Insurer's Advisory Board, he
shall within 30 days of | 25 | | receipt of such recommendation provide to the Board
in writing | 26 | | the reasons supporting his decision. The Chairman shall also
|
| | | 10100HB2301sam001 | - 25 - | LRB101 08580 TAE 60798 a |
|
| 1 | | promptly notify the employer of his decision within 15 days of | 2 | | receipt of
the recommendation of the Board.
| 3 | | If an employer is denied a renewal of self-insurance | 4 | | privileges pursuant
to application it shall retain said | 5 | | privilege for 120 days after receipt of
a notice of | 6 | | cancellation of the privilege from the Chairman of the | 7 | | Commission.
| 8 | | All orders made by the Chairman under this Section shall be | 9 | | subject to
review by the courts, such review to be taken in the | 10 | | same manner and within
the same time as provided by subsection | 11 | | (f) of Section 19 of this Act for
review of awards and | 12 | | decisions of the Commission, upon the party seeking
the review | 13 | | filing with the clerk of the court to which such review is | 14 | | taken
a bond in an amount to be fixed and approved by the court | 15 | | to which the
review is taken, conditioned upon the payment of | 16 | | all compensation awarded
against the person taking such review | 17 | | pending a decision thereof and
further conditioned upon such | 18 | | other obligations as the court may impose.
Upon the review the | 19 | | Circuit Court shall have power to review all questions
of fact | 20 | | as well as of law.
| 21 | | (Source: P.A. 97-18, eff. 6-28-11.)
| 22 | | (820 ILCS 305/8.3)
| 23 | | Sec. 8.3. Workers' Compensation Medical Fee Advisory | 24 | | Board. There is created a Workers' Compensation Medical Fee | 25 | | Advisory Board consisting of 9 members appointed by the |
| | | 10100HB2301sam001 | - 26 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Governor with the advice and consent of the Senate. Three | 2 | | members of the Advisory Board shall be representatives of a | 3 | | labor organization recognized under the National Labor | 4 | | Relations Act or an attorney who has represented labor | 5 | | organizations or has represented employees in workers' | 6 | | compensation cases representative citizens chosen from the | 7 | | employee class , 3 members shall be representative citizens | 8 | | chosen from the employing class, and 3 members shall be | 9 | | representative citizens chosen from the medical provider | 10 | | class. Each member shall serve a 4-year term and shall continue | 11 | | to serve until a successor is appointed. A vacancy on the | 12 | | Advisory Board shall be filled by the Governor for the | 13 | | unexpired term. | 14 | | Members of the Advisory Board shall receive no compensation | 15 | | for their services but shall be reimbursed for expenses | 16 | | incurred in the performance of their duties by the Commission | 17 | | from appropriations made to the Commission for that purpose. | 18 | | The Advisory Board shall advise the Commission on | 19 | | establishment of fees for medical services and accessibility of | 20 | | medical treatment.
| 21 | | (Source: P.A. 94-277, eff. 7-20-05.)
| 22 | | (820 ILCS 305/13.1) (from Ch. 48, par. 138.13-1)
| 23 | | Sec. 13.1. (a) There is created a Workers' Compensation | 24 | | Advisory Board
hereinafter referred to as the Advisory Board. | 25 | | After the effective date of this amendatory Act of the 94th |
| | | 10100HB2301sam001 | - 27 - | LRB101 08580 TAE 60798 a |
|
| 1 | | General Assembly, the Advisory Board shall consist of 12 | 2 | | members
appointed by the Governor with the advice and consent | 3 | | of the Senate. Six
members of the Advisory Board shall be
| 4 | | representative citizens chosen from a labor organization | 5 | | recognized under the National Labor Relations Act or an | 6 | | attorney who has represented labor organizations or has | 7 | | represented employees in workers' compensation cases the | 8 | | employee class , and 6 members shall be
representative citizens | 9 | | chosen from the employing class. The Chairman of the Commission | 10 | | shall serve as the ex officio Chairman of the Advisory Board. | 11 | | After the effective date of this amendatory Act of the 94th | 12 | | General Assembly, each member of the Advisory Board shall serve | 13 | | a
term ending on the third Monday in January 2007 and shall | 14 | | continue to serve until his or her successor is appointed and | 15 | | qualified. Members of the Advisory Board shall thereafter be | 16 | | appointed for 4 year terms from the third Monday in January of | 17 | | the year of their appointment, and until their successors are | 18 | | appointed and qualified.
Seven members
of the Advisory Board | 19 | | shall constitute a quorum to do business, but in no
case shall | 20 | | there be less than one representative from each class. A | 21 | | vacancy on the Advisory Board shall be
filled by the Governor | 22 | | for the unexpired term.
| 23 | | (b) Members of the Advisory Board shall receive no | 24 | | compensation for
their services but shall be reimbursed for | 25 | | expenses incurred in the
performance of their duties by the | 26 | | Commission from appropriations made to
the Commission for such |
| | | 10100HB2301sam001 | - 28 - | LRB101 08580 TAE 60798 a |
|
| 1 | | purpose.
| 2 | | (c) The Advisory Board shall aid the Commission in | 3 | | formulating policies,
discussing problems, setting priorities | 4 | | of expenditures, reviewing advisory rates filed by an advisory | 5 | | organization as defined in Section 463 of the Illinois | 6 | | Insurance Code, and establishing
short and long range | 7 | | administrative goals. Prior to making the (1) initial set of | 8 | | arbitrator appointments pursuant to this amendatory Act of the | 9 | | 97th General Assembly and (2) appointment of Commissioners, the | 10 | | Governor shall request that the Advisory Board make | 11 | | recommendations as to candidates to consider for appointment | 12 | | and the Advisory Board may then make such recommendations.
| 13 | | (d) The terms of all Advisory Board members serving on the | 14 | | effective date of this amendatory Act of the 97th General | 15 | | Assembly are terminated. The Governor shall appoint new members | 16 | | to the Advisory Board within 30 days after the effective date | 17 | | of the amendatory Act of the 97th General Assembly, subject to | 18 | | the advice and consent of the Senate. | 19 | | (Source: P.A. 97-18, eff. 6-28-11.)
| 20 | | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
| 21 | | Sec. 19. Any disputed questions of law or fact shall be | 22 | | determined
as herein provided.
| 23 | | (a) It shall be the duty of the Commission upon | 24 | | notification that
the parties have failed to reach an | 25 | | agreement, to designate an Arbitrator.
|
| | | 10100HB2301sam001 | - 29 - | LRB101 08580 TAE 60798 a |
|
| 1 | | 1. Whenever any claimant misconceives his remedy and | 2 | | files an
application for adjustment of claim under this Act | 3 | | and it is
subsequently discovered, at any time before final | 4 | | disposition of such
cause, that the claim for disability or | 5 | | death which was the basis for
such application should | 6 | | properly have been made under the Workers'
Occupational | 7 | | Diseases Act, then the provisions of Section 19, paragraph
| 8 | | (a-1) of the Workers' Occupational Diseases Act having | 9 | | reference to such
application shall apply.
| 10 | | 2. Whenever any claimant misconceives his remedy and | 11 | | files an
application for adjustment of claim under the | 12 | | Workers' Occupational
Diseases Act and it is subsequently | 13 | | discovered, at any time before final
disposition of such | 14 | | cause that the claim for injury or death which was
the | 15 | | basis for such application should properly have been made | 16 | | under this
Act, then the application so filed under the | 17 | | Workers' Occupational
Diseases Act may be amended in form, | 18 | | substance or both to assert claim
for such disability or | 19 | | death under this Act and it shall be deemed to
have been so | 20 | | filed as amended on the date of the original filing
| 21 | | thereof, and such compensation may be awarded as is | 22 | | warranted by the
whole evidence pursuant to this Act. When | 23 | | such amendment is submitted,
further or additional | 24 | | evidence may be heard by the Arbitrator or
Commission when | 25 | | deemed necessary. Nothing in this Section contained
shall | 26 | | be construed to be or permit a waiver of any provisions of |
| | | 10100HB2301sam001 | - 30 - | LRB101 08580 TAE 60798 a |
|
| 1 | | this
Act with reference to notice but notice if given shall | 2 | | be deemed to be a
notice under the provisions of this Act | 3 | | if given within the time
required herein.
| 4 | | (b) The Arbitrator shall make such inquiries and | 5 | | investigations as he or
they shall deem necessary and may | 6 | | examine and inspect all books, papers,
records, places, or | 7 | | premises relating to the questions in dispute and hear
such | 8 | | proper evidence as the parties may submit.
| 9 | | The hearings before the Arbitrator shall be held in the | 10 | | vicinity where
the injury occurred after 10 days' notice of the | 11 | | time and place of such
hearing shall have been given to each of | 12 | | the parties or their attorneys
of record.
| 13 | | The Arbitrator may find that the disabling condition is | 14 | | temporary and has
not yet reached a permanent condition and may | 15 | | order the payment of
compensation up to the date of the | 16 | | hearing, which award shall be reviewable
and enforceable in the | 17 | | same manner as other awards, and in no instance be a
bar to a | 18 | | further hearing and determination of a further amount of | 19 | | temporary
total compensation or of compensation for permanent | 20 | | disability, but shall
be conclusive as to all other questions | 21 | | except the nature and extent of said
disability.
| 22 | | The decision of the Arbitrator shall be filed with the | 23 | | Commission which
Commission shall immediately send to each | 24 | | party or his attorney a copy of
such decision, together with a | 25 | | notification of the time when it was filed.
As of the effective | 26 | | date of this amendatory Act of the 94th General Assembly, all |
| | | 10100HB2301sam001 | - 31 - | LRB101 08580 TAE 60798 a |
|
| 1 | | decisions of the Arbitrator shall set forth
in writing findings | 2 | | of fact and conclusions of law, separately stated, if requested | 3 | | by either party.
Unless a petition for review is filed by | 4 | | either party within 30 days after
the receipt by such party of | 5 | | the copy of the decision and notification of
time when filed, | 6 | | and unless such party petitioning for a review shall
within 35 | 7 | | days after the receipt by him of the copy of the decision, file
| 8 | | with the Commission either an agreed statement of the facts | 9 | | appearing upon
the hearing before the Arbitrator, or if such
| 10 | | party shall so elect a correct transcript of evidence of the | 11 | | proceedings
at such hearings, then the decision shall become | 12 | | the decision of the
Commission and in the absence of fraud | 13 | | shall be conclusive.
The Petition for Review shall contain a | 14 | | statement of the petitioning party's
specific exceptions to the | 15 | | decision of the arbitrator. The jurisdiction
of the Commission | 16 | | to review the decision of the arbitrator shall not be
limited | 17 | | to the exceptions stated in the Petition for Review.
The | 18 | | Commission, or any member thereof, may grant further time not | 19 | | exceeding
30 days, in which to file such agreed statement or | 20 | | transcript of
evidence. Such agreed statement of facts or | 21 | | correct transcript of
evidence, as the case may be, shall be | 22 | | authenticated by the signatures
of the parties or their | 23 | | attorneys, and in the event they do not agree as
to the | 24 | | correctness of the transcript of evidence it shall be | 25 | | authenticated
by the signature of the Arbitrator designated by | 26 | | the Commission.
|
| | | 10100HB2301sam001 | - 32 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Whether the employee is working or not, if the employee is | 2 | | not receiving or has not received medical, surgical, or | 3 | | hospital services or other services or compensation as provided | 4 | | in paragraph (a) of Section 8, or compensation as provided in | 5 | | paragraph (b) of Section 8, the employee may at any time | 6 | | petition for an expedited hearing by an Arbitrator on the issue | 7 | | of whether or not he or she is entitled to receive payment of | 8 | | the services or compensation. Provided the employer continues | 9 | | to pay compensation pursuant to paragraph (b) of Section 8, the | 10 | | employer may at any time petition for an expedited hearing on | 11 | | the issue of whether or not the employee is entitled to receive | 12 | | medical, surgical, or hospital services or other services or | 13 | | compensation as provided in paragraph (a) of Section 8, or | 14 | | compensation as provided in paragraph (b) of Section 8. When an | 15 | | employer has petitioned for an expedited hearing, the employer | 16 | | shall continue to pay compensation as provided in paragraph (b) | 17 | | of Section 8 unless the arbitrator renders a decision that the | 18 | | employee is not entitled to the benefits that are the subject | 19 | | of the expedited hearing or unless the employee's treating | 20 | | physician has released the employee to return to work at his or | 21 | | her regular job with the employer or the employee actually | 22 | | returns to work at any other job. If the arbitrator renders a | 23 | | decision that the employee is not entitled to the benefits that | 24 | | are the subject of the expedited hearing, a petition for review | 25 | | filed by the employee shall receive the same priority as if the | 26 | | employee had filed a petition for an expedited hearing by an |
| | | 10100HB2301sam001 | - 33 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Arbitrator. Neither party shall be entitled to an expedited | 2 | | hearing when the employee has returned to work and the sole | 3 | | issue in dispute amounts to less than 12 weeks of unpaid | 4 | | compensation pursuant to paragraph (b) of Section 8. | 5 | | Expedited hearings shall have priority over all other | 6 | | petitions and shall be heard by the Arbitrator and Commission | 7 | | with all convenient speed. Any party requesting an expedited | 8 | | hearing shall give notice of a request for an expedited hearing | 9 | | under this paragraph. A copy of the Application for Adjustment | 10 | | of Claim shall be attached to the notice. The Commission shall | 11 | | adopt rules and procedures under which the final decision of | 12 | | the Commission under this paragraph is filed not later than 180 | 13 | | days from the date that the Petition for Review is filed with | 14 | | the Commission. | 15 | | Where 2 or more insurance carriers, private self-insureds, | 16 | | or a group workers' compensation pool under Article V 3/4 of | 17 | | the Illinois Insurance Code dispute coverage for the same | 18 | | injury, any such insurance carrier, private self-insured, or | 19 | | group workers' compensation pool may request an expedited | 20 | | hearing pursuant to this paragraph to determine the issue of | 21 | | coverage, provided coverage is the only issue in dispute and | 22 | | all other issues are stipulated and agreed to and further | 23 | | provided that all compensation benefits including medical | 24 | | benefits pursuant to Section 8(a) continue to be paid to or on | 25 | | behalf of petitioner. Any insurance carrier, private | 26 | | self-insured, or group workers' compensation pool that is |
| | | 10100HB2301sam001 | - 34 - | LRB101 08580 TAE 60798 a |
|
| 1 | | determined to be liable for coverage for the injury in issue | 2 | | shall reimburse any insurance carrier, private self-insured, | 3 | | or group workers' compensation pool that has paid benefits to | 4 | | or on behalf of petitioner for the injury.
| 5 | | (b-1) If the employee is not receiving medical, surgical or | 6 | | hospital
services as provided in paragraph (a) of Section 8 or | 7 | | compensation as
provided in paragraph (b) of Section 8, the | 8 | | employee, in accordance with
Commission Rules, may file a | 9 | | petition for an emergency hearing by an
Arbitrator on the issue | 10 | | of whether or not he is entitled to receive payment
of such | 11 | | compensation or services as provided therein. Such petition | 12 | | shall
have priority over all other petitions and shall be heard | 13 | | by the Arbitrator
and Commission with all convenient speed.
| 14 | | Such petition shall contain the following information and | 15 | | shall be served
on the employer at least 15 days before it is | 16 | | filed:
| 17 | | (i) the date and approximate time of accident;
| 18 | | (ii) the approximate location of the accident;
| 19 | | (iii) a description of the accident;
| 20 | | (iv) the nature of the injury incurred by the employee;
| 21 | | (v) the identity of the person, if known, to whom the | 22 | | accident was
reported and the date on which it was | 23 | | reported;
| 24 | | (vi) the name and title of the person, if known, | 25 | | representing the
employer with whom the employee conferred | 26 | | in any effort to obtain
compensation pursuant to paragraph |
| | | 10100HB2301sam001 | - 35 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (b) of Section 8 of this Act or medical,
surgical or | 2 | | hospital services pursuant to paragraph (a) of Section 8 of
| 3 | | this Act and the date of such conference;
| 4 | | (vii) a statement that the employer has refused to pay | 5 | | compensation
pursuant to paragraph (b) of Section 8 of this | 6 | | Act or for medical, surgical
or hospital services pursuant | 7 | | to paragraph (a) of Section 8 of this Act;
| 8 | | (viii) the name and address, if known, of each witness | 9 | | to the accident
and of each other person upon whom the | 10 | | employee will rely to support his
allegations;
| 11 | | (ix) the dates of treatment related to the accident by | 12 | | medical
practitioners, and the names and addresses of such | 13 | | practitioners, including
the dates of treatment related to | 14 | | the accident at any hospitals and the
names and addresses | 15 | | of such hospitals, and a signed authorization
permitting | 16 | | the employer to examine all medical records of all | 17 | | practitioners
and hospitals named pursuant to this | 18 | | paragraph;
| 19 | | (x) a copy of a signed report by a medical | 20 | | practitioner, relating to the
employee's current inability | 21 | | to return to work because of the injuries
incurred as a | 22 | | result of the accident or such other documents or | 23 | | affidavits
which show that the employee is entitled to | 24 | | receive compensation pursuant
to paragraph (b) of Section 8 | 25 | | of this Act or medical, surgical or hospital
services | 26 | | pursuant to paragraph (a) of Section 8 of this Act. Such |
| | | 10100HB2301sam001 | - 36 - | LRB101 08580 TAE 60798 a |
|
| 1 | | reports,
documents or affidavits shall state, if possible, | 2 | | the history of the
accident given by the employee, and | 3 | | describe the injury and medical
diagnosis, the medical | 4 | | services for such injury which the employee has
received | 5 | | and is receiving, the physical activities which the | 6 | | employee
cannot currently perform as a result of any | 7 | | impairment or disability due to
such injury, and the | 8 | | prognosis for recovery;
| 9 | | (xi) complete copies of any reports, records, | 10 | | documents and affidavits
in the possession of the employee | 11 | | on which the employee will rely to
support his allegations, | 12 | | provided that the employer shall pay the
reasonable cost of | 13 | | reproduction thereof;
| 14 | | (xii) a list of any reports, records, documents and | 15 | | affidavits which
the employee has demanded by subpoena and | 16 | | on which he intends to
rely to support his allegations;
| 17 | | (xiii) a certification signed by the employee or his | 18 | | representative that
the employer has received the petition | 19 | | with the required information 15
days before filing.
| 20 | | Fifteen days after receipt by the employer of the petition | 21 | | with the
required information the employee may file said | 22 | | petition and required
information and shall serve notice of the | 23 | | filing upon the employer. The
employer may file a motion | 24 | | addressed to the sufficiency of the petition.
If an objection | 25 | | has been filed to the sufficiency of the petition, the
| 26 | | arbitrator shall rule on the objection within 2 working days. |
| | | 10100HB2301sam001 | - 37 - | LRB101 08580 TAE 60798 a |
|
| 1 | | If such an
objection is filed, the time for filing the final | 2 | | decision of the
Commission as provided in this paragraph shall | 3 | | be tolled until the
arbitrator has determined that the petition | 4 | | is sufficient.
| 5 | | The employer shall, within 15 days after receipt of the | 6 | | notice that such
petition is filed, file with the Commission | 7 | | and serve on the employee or
his representative a written | 8 | | response to each claim set forth in the
petition, including the | 9 | | legal and factual basis for each disputed
allegation and the | 10 | | following information: (i) complete copies of any
reports, | 11 | | records, documents and affidavits in the possession of the
| 12 | | employer on which the employer intends to rely in support of | 13 | | his response,
(ii) a list of any reports, records, documents | 14 | | and affidavits which the
employer has demanded by subpoena and | 15 | | on which the employer intends to rely
in support of his | 16 | | response, (iii) the name and address of each witness on
whom | 17 | | the employer will rely to support his response, and (iv) the | 18 | | names and
addresses of any medical practitioners selected by | 19 | | the employer pursuant to
Section 12 of this Act and the time | 20 | | and place of any examination scheduled
to be made pursuant to | 21 | | such Section.
| 22 | | Any employer who does not timely file and serve a written | 23 | | response
without good cause may not introduce any evidence to | 24 | | dispute any claim of
the employee but may cross examine the | 25 | | employee or any witness brought by
the employee and otherwise | 26 | | be heard.
|
| | | 10100HB2301sam001 | - 38 - | LRB101 08580 TAE 60798 a |
|
| 1 | | No document or other evidence not previously identified by | 2 | | either party
with the petition or written response, or by any | 3 | | other means before the
hearing, may be introduced into evidence | 4 | | without good cause.
If, at the hearing, material information is | 5 | | discovered which was
not previously disclosed, the Arbitrator | 6 | | may extend the time for closing
proof on the motion of a party | 7 | | for a reasonable period of time which may
be more than 30 days. | 8 | | No evidence may be introduced pursuant
to this paragraph as to | 9 | | permanent disability. No award may be entered for
permanent | 10 | | disability pursuant to this paragraph. Either party may | 11 | | introduce
into evidence the testimony taken by deposition of | 12 | | any medical practitioner.
| 13 | | The Commission shall adopt rules, regulations and | 14 | | procedures whereby the
final decision of the Commission is | 15 | | filed not later than 90 days from the
date the petition for | 16 | | review is filed but in no event later than 180 days from
the | 17 | | date the petition for an emergency hearing is filed with the | 18 | | Illinois Workers' Compensation
Commission.
| 19 | | All service required pursuant to this paragraph (b-1) must | 20 | | be by personal
service or by certified mail and with evidence | 21 | | of receipt. In addition for
the purposes of this paragraph, all | 22 | | service on the employer must be at the
premises where the | 23 | | accident occurred if the premises are owned or operated
by the | 24 | | employer. Otherwise service must be at the employee's principal
| 25 | | place of employment by the employer. If service on the employer | 26 | | is not
possible at either of the above, then service shall be |
| | | 10100HB2301sam001 | - 39 - | LRB101 08580 TAE 60798 a |
|
| 1 | | at the employer's
principal place of business. After initial | 2 | | service in each case, service
shall be made on the employer's | 3 | | attorney or designated representative.
| 4 | | (c)(1) At a reasonable time in advance of and in connection | 5 | | with the
hearing under Section 19(e) or 19(h), the Commission | 6 | | may on its own motion
order an impartial physical or mental | 7 | | examination of a petitioner whose
mental or physical condition | 8 | | is in issue, when in the Commission's
discretion it appears | 9 | | that such an examination will materially aid in the
just | 10 | | determination of the case. The examination shall be made by a | 11 | | member
or members of a panel of physicians chosen for their | 12 | | special qualifications
by the Illinois State Medical Society. | 13 | | The Commission shall establish
procedures by which a physician | 14 | | shall be selected from such list.
| 15 | | (2) Should the Commission at any time during the hearing | 16 | | find that
compelling considerations make it advisable to have | 17 | | an examination and
report at that time, the commission may in | 18 | | its discretion so order.
| 19 | | (3) A copy of the report of examination shall be given to | 20 | | the Commission
and to the attorneys for the parties.
| 21 | | (4) Either party or the Commission may call the examining | 22 | | physician or
physicians to testify. Any physician so called | 23 | | shall be subject to
cross-examination.
| 24 | | (5) The examination shall be made, and the physician or | 25 | | physicians, if
called, shall testify, without cost to the | 26 | | parties. The Commission shall
determine the compensation and |
| | | 10100HB2301sam001 | - 40 - | LRB101 08580 TAE 60798 a |
|
| 1 | | the pay of the physician or physicians. The
compensation for | 2 | | this service shall not exceed the usual and customary amount
| 3 | | for such service.
| 4 | | (6) The fees and payment thereof of all attorneys and | 5 | | physicians for
services authorized by the Commission under this | 6 | | Act shall, upon request
of either the employer or the employee | 7 | | or the beneficiary affected, be
subject to the review and | 8 | | decision of the Commission.
| 9 | | (d) If any employee shall persist in insanitary or | 10 | | injurious
practices which tend to either imperil or retard his | 11 | | recovery or shall
refuse to submit to such medical, surgical, | 12 | | or hospital treatment as is
reasonably essential to promote his | 13 | | recovery, the Commission may, in its
discretion, reduce or | 14 | | suspend the compensation of any such injured
employee. However, | 15 | | when an employer and employee so agree in writing,
the | 16 | | foregoing provision shall not be construed to authorize the
| 17 | | reduction or suspension of compensation of an employee who is | 18 | | relying in
good faith, on treatment by prayer or spiritual | 19 | | means alone, in
accordance with the tenets and practice of a | 20 | | recognized church or
religious denomination, by a duly | 21 | | accredited practitioner thereof.
| 22 | | (e) This paragraph shall apply to all hearings before the | 23 | | Commission.
Such hearings may be held in its office or | 24 | | elsewhere as the Commission
may deem advisable. The taking of | 25 | | testimony on such hearings may be had
before any member of the | 26 | | Commission. If a petition for review and agreed
statement of |
| | | 10100HB2301sam001 | - 41 - | LRB101 08580 TAE 60798 a |
|
| 1 | | facts or transcript of evidence is filed, as provided herein,
| 2 | | the Commission shall promptly review the decision of the | 3 | | Arbitrator and all
questions of law or fact which appear from | 4 | | the statement of facts or
transcript of evidence.
| 5 | | In all cases in which the hearing before the arbitrator is | 6 | | held after
December 18, 1989, no additional evidence shall be | 7 | | introduced by the
parties before the Commission on review of | 8 | | the decision of the Arbitrator.
In reviewing decisions of an | 9 | | arbitrator the Commission shall award such
temporary | 10 | | compensation, permanent compensation and other payments as are
| 11 | | due under this Act. The Commission shall file in its office its | 12 | | decision
thereon, and shall immediately send to each party or | 13 | | his attorney a copy of
such decision and a notification of the | 14 | | time when it was filed. Decisions
shall be filed within 60 days | 15 | | after the Statement of Exceptions and
Supporting Brief and | 16 | | Response thereto are required to be filed or oral
argument | 17 | | whichever is later.
| 18 | | In the event either party requests oral argument, such | 19 | | argument shall be
had before a panel of 3 members of the | 20 | | Commission (or before all available
members pursuant to the | 21 | | determination of 7 members of the Commission that
such argument | 22 | | be held before all available members of the Commission)
| 23 | | pursuant to the rules and regulations of the Commission. A | 24 | | panel of 3
members, which shall be comprised of not more than | 25 | | one representative
citizen of the employing class and not more | 26 | | than one representative from a labor organization recognized |
| | | 10100HB2301sam001 | - 42 - | LRB101 08580 TAE 60798 a |
|
| 1 | | under the National Labor Relations Act or an attorney who has | 2 | | represented labor organizations or has represented employees | 3 | | in workers' compensation cases citizen
of the employee class , | 4 | | shall hear the argument; provided that if all the
issues in | 5 | | dispute are solely the nature and extent of the permanent | 6 | | partial
disability, if any, a majority of the panel may deny | 7 | | the request for such
argument and such argument shall not be | 8 | | held; and provided further that 7
members of the Commission may | 9 | | determine that the argument be held before
all available | 10 | | members of the Commission. A decision of the Commission
shall | 11 | | be approved by a majority of Commissioners present at such | 12 | | hearing if
any; provided, if no such hearing is held, a | 13 | | decision of the Commission
shall be approved by a majority of a | 14 | | panel of 3 members of the Commission
as described in this | 15 | | Section. The Commission shall give 10 days' notice to
the | 16 | | parties or their attorneys of the time and place of such taking | 17 | | of
testimony and of such argument.
| 18 | | In any case the Commission in its decision may find | 19 | | specially
upon any question or questions of law or fact which | 20 | | shall be submitted
in writing by either party whether ultimate | 21 | | or otherwise;
provided that on issues other than nature and | 22 | | extent of the disability,
if any, the Commission in its | 23 | | decision shall find specially upon any
question or questions of | 24 | | law or fact, whether ultimate or otherwise,
which are submitted | 25 | | in writing by either party; provided further that
not more than | 26 | | 5 such questions may be submitted by either party. Any
party |
| | | 10100HB2301sam001 | - 43 - | LRB101 08580 TAE 60798 a |
|
| 1 | | may, within 20 days after receipt of notice of the Commission's
| 2 | | decision, or within such further time, not exceeding 30 days, | 3 | | as the
Commission may grant, file with the Commission either an | 4 | | agreed
statement of the facts appearing upon the hearing, or, | 5 | | if such party
shall so elect, a correct transcript of evidence | 6 | | of the additional
proceedings presented before the Commission, | 7 | | in which report the party
may embody a correct statement of | 8 | | such other proceedings in the case as
such party may desire to | 9 | | have reviewed, such statement of facts or
transcript of | 10 | | evidence to be authenticated by the signature of the
parties or | 11 | | their attorneys, and in the event that they do not agree,
then | 12 | | the authentication of such transcript of evidence shall be by | 13 | | the
signature of any member of the Commission.
| 14 | | If a reporter does not for any reason furnish a transcript | 15 | | of the
proceedings before the Arbitrator in any case for use on | 16 | | a hearing for
review before the Commission, within the | 17 | | limitations of time as fixed in
this Section, the Commission | 18 | | may, in its discretion, order a trial de
novo before the | 19 | | Commission in such case upon application of either
party. The | 20 | | applications for adjustment of claim and other documents in
the | 21 | | nature of pleadings filed by either party, together with the
| 22 | | decisions of the Arbitrator and of the Commission and the | 23 | | statement of
facts or transcript of evidence hereinbefore | 24 | | provided for in paragraphs
(b) and (c) shall be the record of | 25 | | the proceedings of the Commission,
and shall be subject to | 26 | | review as hereinafter provided.
|
| | | 10100HB2301sam001 | - 44 - | LRB101 08580 TAE 60798 a |
|
| 1 | | At the request of either party or on its own motion, the | 2 | | Commission shall
set forth in writing the reasons for the | 3 | | decision, including findings of
fact and conclusions of law | 4 | | separately stated. The Commission shall by rule
adopt a format | 5 | | for written decisions for the Commission and arbitrators.
The | 6 | | written decisions shall be concise and shall succinctly state | 7 | | the facts
and reasons for the decision. The Commission may | 8 | | adopt in whole or in part,
the decision of the arbitrator as | 9 | | the decision of the Commission. When the
Commission does so | 10 | | adopt the decision of the arbitrator, it shall do so by
order. | 11 | | Whenever the Commission adopts part of the arbitrator's | 12 | | decision,
but not all, it shall include in the order the | 13 | | reasons for not adopting all
of the arbitrator's decision. When | 14 | | a majority of a panel, after
deliberation, has arrived at its | 15 | | decision, the decision shall be filed as
provided in this | 16 | | Section without unnecessary delay, and without regard to
the | 17 | | fact that a member of the panel has expressed an intention to | 18 | | dissent.
Any member of the panel may file a dissent. Any | 19 | | dissent shall be filed no
later than 10 days after the decision | 20 | | of the majority has been filed.
| 21 | | Decisions rendered by the Commission and dissents, if any, | 22 | | shall be
published together by the Commission. The conclusions | 23 | | of law set out in
such decisions shall be regarded as | 24 | | precedents by arbitrators for the purpose
of achieving a more | 25 | | uniform administration of this Act.
| 26 | | (f) The decision of the Commission acting within its |
| | | 10100HB2301sam001 | - 45 - | LRB101 08580 TAE 60798 a |
|
| 1 | | powers,
according to the provisions of paragraph (e) of this | 2 | | Section shall, in
the absence of fraud, be conclusive unless | 3 | | reviewed as in this paragraph
hereinafter provided. However, | 4 | | the Arbitrator or the Commission may on
his or its own motion, | 5 | | or on the motion of either party, correct any
clerical error or | 6 | | errors in computation within 15 days after the date of
receipt | 7 | | of any award by such Arbitrator or any decision on review of | 8 | | the
Commission and shall have the power to recall the original | 9 | | award on
arbitration or decision on review, and issue in lieu | 10 | | thereof such
corrected award or decision. Where such correction | 11 | | is made the time for
review herein specified shall begin to run | 12 | | from the date of
the receipt of the corrected award or | 13 | | decision.
| 14 | | (1) Except in cases of claims against the State of | 15 | | Illinois other than those claims under Section 18.1, in
| 16 | | which case the decision of the Commission shall not be | 17 | | subject to
judicial review, the Circuit Court of the county | 18 | | where any of the
parties defendant may be found, or if none | 19 | | of the parties defendant can
be found in this State then | 20 | | the Circuit Court of the county where the
accident | 21 | | occurred, shall by summons to the Commission have
power to | 22 | | review all questions of law and fact presented by such | 23 | | record.
| 24 | | A proceeding for review shall be commenced within 20 | 25 | | days of
the receipt of notice of the decision of the | 26 | | Commission. The summons shall
be issued by the clerk of |
| | | 10100HB2301sam001 | - 46 - | LRB101 08580 TAE 60798 a |
|
| 1 | | such court upon written request returnable on a
designated | 2 | | return day, not less than 10 or more than 60 days from the | 3 | | date
of issuance thereof, and the written request shall | 4 | | contain the last known
address of other parties in interest | 5 | | and their attorneys of record who are
to be served by | 6 | | summons. Service upon any member of the Commission or the
| 7 | | Secretary or the Assistant Secretary thereof shall be | 8 | | service upon the
Commission, and service upon other parties | 9 | | in interest and their attorneys
of record shall be by | 10 | | summons, and such service shall be made upon the
Commission | 11 | | and other parties in interest by mailing notices of the
| 12 | | commencement of the proceedings and the return day of the | 13 | | summons to the
office of the Commission and to the last | 14 | | known place of residence of other
parties in interest or | 15 | | their attorney or attorneys of record. The clerk of
the | 16 | | court issuing the summons shall on the day of issue mail | 17 | | notice of the
commencement of the proceedings which shall | 18 | | be done by mailing a copy of
the summons to the office of | 19 | | the Commission, and a copy of the summons to
the other | 20 | | parties in interest or their attorney or attorneys of | 21 | | record and
the clerk of the court shall make certificate | 22 | | that he has so sent said
notices in pursuance of this | 23 | | Section, which shall be evidence of service on
the | 24 | | Commission and other parties in interest.
| 25 | | The Commission shall not be required to certify the | 26 | | record of their
proceedings to the Circuit Court, unless |
| | | 10100HB2301sam001 | - 47 - | LRB101 08580 TAE 60798 a |
|
| 1 | | the party commencing the
proceedings for review in the | 2 | | Circuit Court as above provided, shall file with the | 3 | | Commission notice of intent to file for review in Circuit | 4 | | Court. It shall be the duty
of the Commission upon such | 5 | | filing of notice of intent to file for review in the | 6 | | Circuit Court to prepare a true and correct
copy of such | 7 | | testimony and a true and correct copy of all other matters
| 8 | | contained in such record and certified to by the Secretary | 9 | | or Assistant
Secretary thereof. The changes made to this | 10 | | subdivision (f)(1) by this amendatory Act of the 98th | 11 | | General Assembly apply to any Commission decision entered | 12 | | after the effective date of this amendatory Act of the 98th | 13 | | General Assembly.
| 14 | | No request for a summons
may be filed and no summons | 15 | | shall issue unless the party seeking to review
the decision | 16 | | of the Commission shall exhibit to the clerk of the Circuit
| 17 | | Court proof of filing with the Commission of the notice of | 18 | | the intent to file for review in the Circuit Court or an | 19 | | affidavit
of the attorney setting forth that notice of | 20 | | intent to file for review in the Circuit Court has been | 21 | | given in writing to the Secretary or Assistant Secretary of | 22 | | the Commission.
| 23 | | (2) No such summons shall issue unless the one against | 24 | | whom the
Commission shall have rendered an award for the | 25 | | payment of money shall upon
the filing of his written | 26 | | request for such summons file with the clerk of
the court a |
| | | 10100HB2301sam001 | - 48 - | LRB101 08580 TAE 60798 a |
|
| 1 | | bond conditioned that if he shall not successfully
| 2 | | prosecute the review, he will pay the award and the costs | 3 | | of the
proceedings in the courts. The amount of the bond | 4 | | shall be fixed by any
member of the Commission and the | 5 | | surety or sureties of the bond shall be
approved by the | 6 | | clerk of the court. The acceptance of the bond by the
clerk | 7 | | of the court shall constitute evidence of his approval of | 8 | | the bond.
| 9 | | Every county, city, town, township, incorporated | 10 | | village, school
district, body politic or municipal | 11 | | corporation against whom the
Commission shall have | 12 | | rendered an award for the payment of money shall
not be | 13 | | required to file a bond to secure the payment of the award | 14 | | and
the costs of the proceedings in the court to authorize | 15 | | the court to
issue such summons.
| 16 | | The court may confirm or set aside the decision of the | 17 | | Commission. If
the decision is set aside and the facts | 18 | | found in the proceedings before
the Commission are | 19 | | sufficient, the court may enter such decision as is
| 20 | | justified by law, or may remand the cause to the Commission | 21 | | for further
proceedings and may state the questions | 22 | | requiring further hearing, and
give such other | 23 | | instructions as may be proper. Appeals shall be taken
to | 24 | | the Appellate Court in accordance
with Supreme Court Rules | 25 | | 22(g) and 303. Appeals
shall be taken from the Appellate
| 26 | | Court to the Supreme Court in accordance with Supreme Court |
| | | 10100HB2301sam001 | - 49 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Rule 315.
| 2 | | It shall be the duty of the clerk of any court | 3 | | rendering a decision
affecting or affirming an award of the | 4 | | Commission to promptly furnish
the Commission with a copy | 5 | | of such decision, without charge.
| 6 | | The decision of a majority of the members of the panel | 7 | | of the Commission,
shall be considered the decision of the | 8 | | Commission.
| 9 | | (g) Except in the case of a claim against the State of | 10 | | Illinois,
either party may present a certified copy of the | 11 | | award of the
Arbitrator, or a certified copy of the decision of | 12 | | the Commission when
the same has become final, when no | 13 | | proceedings for review are pending,
providing for the payment | 14 | | of compensation according to this Act, to the
Circuit Court of | 15 | | the county in which such accident occurred or either of
the | 16 | | parties are residents, whereupon the court shall enter a | 17 | | judgment
in accordance therewith. In a case where the employer | 18 | | refuses to pay
compensation according to such final award or | 19 | | such final decision upon
which such judgment is entered the | 20 | | court shall in entering judgment
thereon, tax as costs against | 21 | | him the reasonable costs and attorney fees
in the arbitration | 22 | | proceedings and in the court entering the judgment
for the | 23 | | person in whose favor the judgment is entered, which judgment
| 24 | | and costs taxed as therein provided shall, until and unless set | 25 | | aside,
have the same effect as though duly entered in an action | 26 | | duly tried and
determined by the court, and shall with like |
| | | 10100HB2301sam001 | - 50 - | LRB101 08580 TAE 60798 a |
|
| 1 | | effect, be entered and
docketed. The Circuit Court shall have | 2 | | power at any time upon
application to make any such judgment | 3 | | conform to any modification
required by any subsequent decision | 4 | | of the Supreme Court upon appeal, or
as the result of any | 5 | | subsequent proceedings for review, as provided in
this Act.
| 6 | | Judgment shall not be entered until 15 days' notice of the | 7 | | time and
place of the application for the entry of judgment | 8 | | shall be served upon
the employer by filing such notice with | 9 | | the Commission, which Commission
shall, in case it has on file | 10 | | the address of the employer or the name
and address of its | 11 | | agent upon whom notices may be served, immediately
send a copy | 12 | | of the notice to the employer or such designated agent.
| 13 | | (h) An agreement or award under this Act providing for | 14 | | compensation
in installments, may at any time within 18 months | 15 | | after such agreement
or award be reviewed by the Commission at | 16 | | the request of either the
employer or the employee, on the | 17 | | ground that the disability of the
employee has subsequently | 18 | | recurred, increased, diminished or ended.
| 19 | | However, as to accidents occurring subsequent to July 1, | 20 | | 1955, which
are covered by any agreement or award under this | 21 | | Act providing for
compensation in installments made as a result | 22 | | of such accident, such
agreement or award may at any time | 23 | | within 30 months, or 60 months in the case of an award under | 24 | | Section 8(d)1, after such agreement
or award be reviewed by the | 25 | | Commission at the request of either the
employer or the | 26 | | employee on the ground that the disability of the
employee has |
| | | 10100HB2301sam001 | - 51 - | LRB101 08580 TAE 60798 a |
|
| 1 | | subsequently recurred, increased, diminished or ended.
| 2 | | On such review, compensation payments may be | 3 | | re-established,
increased, diminished or ended. The Commission | 4 | | shall give 15 days'
notice to the parties of the hearing for | 5 | | review. Any employee, upon any
petition for such review being | 6 | | filed by the employer, shall be entitled
to one day's notice | 7 | | for each 100 miles necessary to be traveled by him in
attending | 8 | | the hearing of the Commission upon the petition, and 3 days in
| 9 | | addition thereto. Such employee shall, at the discretion of the
| 10 | | Commission, also be entitled to 5 cents per mile necessarily | 11 | | traveled by
him within the State of Illinois in attending such | 12 | | hearing, not to
exceed a distance of 300 miles, to be taxed by | 13 | | the Commission as costs
and deposited with the petition of the | 14 | | employer.
| 15 | | When compensation which is payable in accordance with an | 16 | | award or
settlement contract approved by the Commission, is | 17 | | ordered paid in a
lump sum by the Commission, no review shall | 18 | | be had as in this paragraph
mentioned.
| 19 | | (i) Each party, upon taking any proceedings or steps | 20 | | whatsoever
before any Arbitrator, Commission or court, shall | 21 | | file with the Commission
his address, or the name and address | 22 | | of any agent upon whom all notices to
be given to such party | 23 | | shall be served, either personally or by registered
mail, | 24 | | addressed to such party or agent at the last address so filed | 25 | | with
the Commission. In the event such party has not filed his | 26 | | address, or the
name and address of an agent as above provided, |
| | | 10100HB2301sam001 | - 52 - | LRB101 08580 TAE 60798 a |
|
| 1 | | service of any notice may
be had by filing such notice with the | 2 | | Commission.
| 3 | | (j) Whenever in any proceeding testimony has been taken or | 4 | | a final
decision has been rendered and after the taking of such | 5 | | testimony or
after such decision has become final, the injured | 6 | | employee dies, then in
any subsequent proceedings brought by | 7 | | the personal representative or
beneficiaries of the deceased | 8 | | employee, such testimony in the former
proceeding may be | 9 | | introduced with the same force and effect as though
the witness | 10 | | having so testified were present in person in such
subsequent | 11 | | proceedings and such final decision, if any, shall be taken
as | 12 | | final adjudication of any of the issues which are the same in | 13 | | both
proceedings.
| 14 | | (k) In case where there has been any unreasonable or | 15 | | vexatious delay
of payment or intentional underpayment of | 16 | | compensation, or proceedings
have been instituted or carried on | 17 | | by the one liable to pay the
compensation, which do not present | 18 | | a real controversy, but are merely
frivolous or for delay, then | 19 | | the Commission may award compensation
additional to that | 20 | | otherwise payable under this Act equal to 50% of the
amount | 21 | | payable at the time of such award. Failure to pay compensation
| 22 | | in accordance with the provisions of Section 8, paragraph (b) | 23 | | of this
Act, shall be considered unreasonable delay.
| 24 | | When determining whether this subsection (k) shall apply, | 25 | | the
Commission shall consider whether an Arbitrator has | 26 | | determined
that the claim is not compensable or whether the |
| | | 10100HB2301sam001 | - 53 - | LRB101 08580 TAE 60798 a |
|
| 1 | | employer has
made payments under Section 8(j). | 2 | | (l) If the employee has made written demand for payment of
| 3 | | benefits under Section 8(a) or Section 8(b), the employer shall
| 4 | | have 14 days after receipt of the demand to set forth in
| 5 | | writing the reason for the delay. In the case of demand for
| 6 | | payment of medical benefits under Section 8(a), the time for
| 7 | | the employer to respond shall not commence until the expiration
| 8 | | of the allotted 30 days specified under Section 8.2(d). In case
| 9 | | the employer or his or her insurance carrier shall without good | 10 | | and
just cause fail, neglect, refuse, or unreasonably delay the
| 11 | | payment of benefits under Section 8(a) or Section 8(b), the
| 12 | | Arbitrator or the Commission shall allow to the employee
| 13 | | additional compensation in the sum of $30 per day for each day
| 14 | | that the benefits under Section 8(a) or Section 8(b) have been
| 15 | | so withheld or refused, not to exceed $10,000.
A delay in | 16 | | payment of 14 days or more
shall create a rebuttable | 17 | | presumption of unreasonable delay.
| 18 | | (m) If the commission finds that an accidental injury was | 19 | | directly
and proximately caused by the employer's wilful | 20 | | violation of a health
and safety standard under the Health and | 21 | | Safety Act or the Occupational Safety and Health Act in force | 22 | | at the time of the
accident, the arbitrator or the Commission | 23 | | shall allow to the injured
employee or his dependents, as the | 24 | | case may be, additional compensation
equal to 25% of the amount | 25 | | which otherwise would be payable under the
provisions of this | 26 | | Act exclusive of this paragraph. The additional
compensation |
| | | 10100HB2301sam001 | - 54 - | LRB101 08580 TAE 60798 a |
|
| 1 | | herein provided shall be allowed by an appropriate increase
in | 2 | | the applicable weekly compensation rate.
| 3 | | (n) After June 30, 1984, decisions of the Illinois Workers' | 4 | | Compensation Commission
reviewing an award of an arbitrator of | 5 | | the Commission shall draw interest
at a rate equal to the yield | 6 | | on indebtedness issued by the United States
Government with a | 7 | | 26-week maturity next previously auctioned on the day on
which | 8 | | the decision is filed. Said rate of interest shall be set forth | 9 | | in
the Arbitrator's Decision. Interest shall be drawn from the | 10 | | date of the
arbitrator's award on all accrued compensation due | 11 | | the employee through the
day prior to the date of payments. | 12 | | However, when an employee appeals an
award of an Arbitrator or | 13 | | the Commission, and the appeal results in no
change or a | 14 | | decrease in the award, interest shall not further accrue from
| 15 | | the date of such appeal.
| 16 | | The employer or his insurance carrier may tender the | 17 | | payments due under
the award to stop the further accrual of | 18 | | interest on such award
notwithstanding the prosecution by | 19 | | either party of review, certiorari,
appeal to the Supreme Court | 20 | | or other steps to reverse, vacate or modify
the award.
| 21 | | (o) By the 15th day of each month each insurer providing | 22 | | coverage for
losses under this Act shall notify each insured | 23 | | employer of any compensable
claim incurred during the preceding | 24 | | month and the amounts paid or reserved
on the claim including a | 25 | | summary of the claim and a brief statement of the
reasons for | 26 | | compensability. A cumulative report of all claims incurred
|
| | | 10100HB2301sam001 | - 55 - | LRB101 08580 TAE 60798 a |
|
| 1 | | during a calendar year or continued from the previous year | 2 | | shall be
furnished to the insured employer by the insurer | 3 | | within 30 days after the
end of that calendar year.
| 4 | | The insured employer may challenge, in proceeding before | 5 | | the Commission,
payments made by the insurer without | 6 | | arbitration and payments
made after a case is determined to be | 7 | | noncompensable. If the Commission
finds that the case was not | 8 | | compensable, the insurer shall purge its records
as to that | 9 | | employer of any loss or expense associated with the claim, | 10 | | reimburse
the employer for attorneys' fees arising from the | 11 | | challenge and for any
payment required of the employer to the | 12 | | Rate Adjustment Fund or the
Second Injury Fund, and may not | 13 | | reflect the loss or expense for rate making
purposes. The | 14 | | employee shall not be required to refund the challenged
| 15 | | payment. The decision of the Commission may be reviewed in the | 16 | | same manner
as in arbitrated cases. No challenge may be | 17 | | initiated under this paragraph
more than 3 years after the | 18 | | payment is made. An employer may waive the
right of challenge | 19 | | under this paragraph on a case by case basis.
| 20 | | (p) After filing an application for adjustment of claim but | 21 | | prior to
the hearing on arbitration the parties may voluntarily | 22 | | agree to submit such
application for adjustment of claim for | 23 | | decision by an arbitrator under
this subsection (p) where such | 24 | | application for adjustment of claim raises
only a dispute over | 25 | | temporary total disability, permanent partial
disability or | 26 | | medical expenses. Such agreement shall be in writing in such
|
| | | 10100HB2301sam001 | - 56 - | LRB101 08580 TAE 60798 a |
|
| 1 | | form as provided by the Commission. Applications for adjustment | 2 | | of claim
submitted for decision by an arbitrator under this | 3 | | subsection (p) shall
proceed according to rule as established | 4 | | by the Commission. The Commission
shall promulgate rules | 5 | | including, but not limited to, rules to ensure that
the parties | 6 | | are adequately informed of their rights under this subsection
| 7 | | (p) and of the voluntary nature of proceedings under this | 8 | | subsection (p).
The findings of fact made by an arbitrator | 9 | | acting within his or her powers
under this subsection (p) in | 10 | | the absence of fraud shall be conclusive.
However, the | 11 | | arbitrator may on his own motion, or the motion of either
| 12 | | party, correct any clerical errors or errors in computation | 13 | | within 15 days
after the date of receipt of such award of the | 14 | | arbitrator
and shall have the power to recall the original | 15 | | award on arbitration, and
issue in lieu thereof such corrected | 16 | | award.
The decision of the arbitrator under this subsection (p) | 17 | | shall be
considered the decision of the Commission and | 18 | | proceedings for review of
questions of law arising from the | 19 | | decision may be commenced by either party
pursuant to | 20 | | subsection (f) of Section 19. The Advisory Board established
| 21 | | under Section 13.1 shall compile a list of certified Commission
| 22 | | arbitrators, each of whom shall be approved by at least 7 | 23 | | members of the
Advisory Board. The chairman shall select 5 | 24 | | persons from such list to
serve as arbitrators under this | 25 | | subsection (p). By agreement, the parties
shall select one | 26 | | arbitrator from among the 5 persons selected by the
chairman |
| | | 10100HB2301sam001 | - 57 - | LRB101 08580 TAE 60798 a |
|
| 1 | | except that if the parties do not agree on an arbitrator from
| 2 | | among the 5 persons, the parties may, by agreement, select an | 3 | | arbitrator of
the American Arbitration Association, whose fee | 4 | | shall be paid by the State
in accordance with rules promulgated | 5 | | by the Commission. Arbitration under
this subsection (p) shall | 6 | | be voluntary.
| 7 | | (Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874, | 8 | | eff. 1-1-15 .)
| 9 | | Section 15. The Workers' Occupational Diseases Act is | 10 | | amended by changing Section 19 as follows:
| 11 | | (820 ILCS 310/19) (from Ch. 48, par. 172.54)
| 12 | | Sec. 19. Any disputed questions of law or fact shall be | 13 | | determined as
herein provided.
| 14 | | (a) It shall be the duty of the Commission upon | 15 | | notification that
the parties have failed to reach an agreement | 16 | | to designate an
Arbitrator.
| 17 | | (1) The application for adjustment of claim filed with | 18 | | the
Commission shall state:
| 19 | | A. The approximate date of the last day of the last | 20 | | exposure and the
approximate date of the disablement.
| 21 | | B. The general nature and character of the illness | 22 | | or disease
claimed.
| 23 | | C. The name and address of the employer by whom | 24 | | employed on the last
day of the last exposure and if |
| | | 10100HB2301sam001 | - 58 - | LRB101 08580 TAE 60798 a |
|
| 1 | | employed by any other employer after
such last exposure | 2 | | and before disablement the name and address of such
| 3 | | other employer or employers.
| 4 | | D. In case of death, the date and place of death.
| 5 | | (2) Amendments to applications for adjustment of claim | 6 | | which relate
to the same disablement or disablement | 7 | | resulting in death originally
claimed upon may be allowed | 8 | | by the Commissioner or an Arbitrator
thereof, in their | 9 | | discretion, and in the exercise of such discretion,
they | 10 | | may in proper cases order a trial de novo; such amendment | 11 | | shall
relate back to the date of the filing of the original | 12 | | application so
amended.
| 13 | | (3) Whenever any claimant misconceives his remedy and | 14 | | files an
application for adjustment of claim under this Act | 15 | | and it is
subsequently discovered, at any time before final | 16 | | disposition of such
cause, that the claim for disability or | 17 | | death which was the basis for
such application should | 18 | | properly have been made under the Workers'
Compensation | 19 | | Act, then the provisions of Section 19 paragraph (a-1) of
| 20 | | the Workers' Compensation Act having reference to such | 21 | | application shall
apply.
| 22 | | Whenever any claimant misconceives his remedy and | 23 | | files an
application for adjustment of claim under the | 24 | | Workers' Compensation Act
and it is subsequently | 25 | | discovered, at any time before final disposition
of such | 26 | | cause that the claim for injury or death which was the |
| | | 10100HB2301sam001 | - 59 - | LRB101 08580 TAE 60798 a |
|
| 1 | | basis for
such application should properly have been made | 2 | | under this Act, then the
application so filed under the | 3 | | Workers' Compensation Act may be amended
in form, substance | 4 | | or both to assert claim for such disability or death
under | 5 | | this Act and it shall be deemed to have been so filed as | 6 | | amended
on the date of the original filing thereof, and | 7 | | such compensation may be
awarded as is warranted by the | 8 | | whole evidence pursuant to the provisions
of this Act. When | 9 | | such amendment is submitted, further or additional
| 10 | | evidence may be heard by the Arbitrator or Commission when | 11 | | deemed
necessary; provided, that nothing in this Section | 12 | | contained shall be
construed to be or permit a waiver of | 13 | | any provisions of this Act with
reference to notice, but | 14 | | notice if given shall be deemed to be a notice
under the | 15 | | provisions of this Act if given within the time required
| 16 | | herein.
| 17 | | (b) The Arbitrator shall make such inquiries and | 18 | | investigations as he
shall deem necessary and may examine and | 19 | | inspect all books, papers,
records, places, or premises | 20 | | relating to the questions in dispute and hear
such proper | 21 | | evidence as the parties may submit.
| 22 | | The hearings before the Arbitrator shall be held in the | 23 | | vicinity where
the last exposure occurred, after 10 days' | 24 | | notice of the time and place of
such hearing shall have been | 25 | | given to each of the parties or their attorneys of record.
| 26 | | The Arbitrator may find that the disabling condition is |
| | | 10100HB2301sam001 | - 60 - | LRB101 08580 TAE 60798 a |
|
| 1 | | temporary and has
not yet reached a permanent condition and may | 2 | | order the payment of
compensation up to the date of the | 3 | | hearing, which award shall be reviewable
and enforceable in the | 4 | | same manner as other awards, and in no instance be a
bar to a | 5 | | further hearing and determination of a further amount of | 6 | | temporary
total compensation or of compensation for permanent | 7 | | disability, but shall
be conclusive as to all other questions | 8 | | except the nature and extent of such
disability.
| 9 | | The decision of the Arbitrator shall be filed with the | 10 | | Commission which
Commission shall immediately send to each | 11 | | party or his attorney a copy of
such decision, together with a | 12 | | notification of the time when it was filed.
As of the effective | 13 | | date of this amendatory Act of the 94th General Assembly, all | 14 | | decisions of the Arbitrator shall set forth
in writing findings | 15 | | of fact and conclusions of law, separately stated, if requested | 16 | | by either party.
Unless a petition for review is filed by | 17 | | either party within 30 days after
the receipt by such party of | 18 | | the copy of the decision and notification of
time when filed, | 19 | | and unless such party petitioning for a review shall
within 35 | 20 | | days after the receipt by him of the copy of the decision, file
| 21 | | with the Commission either an agreed statement of the facts | 22 | | appearing upon
the hearing before the Arbitrator, or if such | 23 | | party shall so elect a
correct transcript of evidence of the | 24 | | proceedings at such hearings, then
the decision shall become | 25 | | the decision of the Commission and in the absence
of fraud | 26 | | shall be conclusive. The Petition for Review shall contain a
|
| | | 10100HB2301sam001 | - 61 - | LRB101 08580 TAE 60798 a |
|
| 1 | | statement of the petitioning party's specific exceptions to the | 2 | | decision of
the arbitrator. The jurisdiction of the Commission | 3 | | to review the decision
of the arbitrator shall not be limited | 4 | | to the exceptions stated in the
Petition for Review. The | 5 | | Commission, or any member thereof, may grant
further time not | 6 | | exceeding 30 days, in which to file such agreed statement
or | 7 | | transcript of evidence. Such agreed statement of facts or | 8 | | correct
transcript of evidence, as the case may be, shall be | 9 | | authenticated by the
signatures of the parties or their | 10 | | attorneys, and in the event they do not
agree as to the | 11 | | correctness of the transcript of evidence it shall be
| 12 | | authenticated by the signature of the Arbitrator designated by | 13 | | the Commission.
| 14 | | Whether the employee is working or not, if the employee is | 15 | | not receiving or has not received medical, surgical, or | 16 | | hospital services or other services or compensation as provided | 17 | | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | 18 | | or compensation as provided in paragraph (b) of Section 8 of | 19 | | the Workers' Compensation
Act, the employee may at any time | 20 | | petition for an expedited hearing by an Arbitrator on the issue | 21 | | of whether or not he or she is entitled to receive payment of | 22 | | the services or compensation. Provided the employer continues | 23 | | to pay compensation pursuant to paragraph (b) of Section 8 of | 24 | | the Workers' Compensation
Act, the employer may at any time | 25 | | petition for an expedited hearing on the issue of whether or | 26 | | not the employee is entitled to receive medical, surgical, or |
| | | 10100HB2301sam001 | - 62 - | LRB101 08580 TAE 60798 a |
|
| 1 | | hospital services or other services or compensation as provided | 2 | | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | 3 | | or compensation as provided in paragraph (b) of Section 8 of | 4 | | the Workers' Compensation
Act. When an employer has petitioned | 5 | | for an expedited hearing, the employer shall continue to pay | 6 | | compensation as provided in paragraph (b) of Section 8 of the | 7 | | Workers' Compensation
Act unless the arbitrator renders a | 8 | | decision that the employee is not entitled to the benefits that | 9 | | are the subject of the expedited hearing or unless the | 10 | | employee's treating physician has released the employee to | 11 | | return to work at his or her regular job with the employer or | 12 | | the employee actually returns to work at any other job. If the | 13 | | arbitrator renders a decision that the employee is not entitled | 14 | | to the benefits that are the subject of the expedited hearing, | 15 | | a petition for review filed by the employee shall receive the | 16 | | same priority as if the employee had filed a petition for an | 17 | | expedited hearing by an arbitrator. Neither party shall be | 18 | | entitled to an expedited hearing when the employee has returned | 19 | | to work and the sole issue in dispute amounts to less than 12 | 20 | | weeks of unpaid compensation pursuant to paragraph (b) of | 21 | | Section 8 of the Workers' Compensation
Act. | 22 | | Expedited hearings shall have priority over all other | 23 | | petitions and shall be heard by the Arbitrator and Commission | 24 | | with all convenient speed. Any party requesting an expedited | 25 | | hearing shall give notice of a request for an expedited hearing | 26 | | under this paragraph. A copy of the Application for Adjustment |
| | | 10100HB2301sam001 | - 63 - | LRB101 08580 TAE 60798 a |
|
| 1 | | of Claim shall be attached to the notice. The Commission shall | 2 | | adopt rules and procedures under which the final decision of | 3 | | the Commission under this paragraph is filed not later than 180 | 4 | | days from the date that the Petition for Review is filed with | 5 | | the Commission. | 6 | | Where 2 or more insurance carriers, private self-insureds, | 7 | | or a group workers' compensation pool under Article V 3/4 of | 8 | | the Illinois Insurance Code dispute coverage for the same | 9 | | disease, any such insurance carrier, private self-insured, or | 10 | | group workers' compensation pool may request an expedited | 11 | | hearing pursuant to this paragraph to determine the issue of | 12 | | coverage, provided coverage is the only issue in dispute and | 13 | | all other issues are stipulated and agreed to and further | 14 | | provided that all compensation benefits including medical | 15 | | benefits pursuant to Section 8(a) of the Workers' Compensation
| 16 | | Act continue to be paid to or on behalf of petitioner. Any | 17 | | insurance carrier, private self-insured, or group workers' | 18 | | compensation pool that is determined to be liable for coverage | 19 | | for the disease in issue shall reimburse any insurance carrier, | 20 | | private self-insured, or group workers' compensation pool that | 21 | | has paid benefits to or on behalf of petitioner for the | 22 | | disease.
| 23 | | (b-1) If the employee is not receiving, pursuant to Section | 24 | | 7, medical,
surgical or hospital services of the type provided | 25 | | for in paragraph (a) of
Section 8 of the Workers' Compensation | 26 | | Act or compensation of the type
provided for in paragraph (b) |
| | | 10100HB2301sam001 | - 64 - | LRB101 08580 TAE 60798 a |
|
| 1 | | of Section 8 of the Workers' Compensation
Act, the employee, in | 2 | | accordance with Commission Rules, may file a petition
for an | 3 | | emergency hearing by an Arbitrator on the issue of whether or | 4 | | not he
is entitled to receive payment of such compensation or | 5 | | services as provided
therein. Such petition shall have priority | 6 | | over all other petitions and
shall be heard by the Arbitrator | 7 | | and Commission with all convenient speed.
| 8 | | Such petition shall contain the following information and | 9 | | shall be served
on the employer at least 15 days before it is | 10 | | filed:
| 11 | | (i) the date and approximate time of the last exposure;
| 12 | | (ii) the approximate location of the last exposure;
| 13 | | (iii) a description of the last exposure;
| 14 | | (iv) the nature of the disability incurred by the | 15 | | employee;
| 16 | | (v) the identity of the person, if known, to whom the | 17 | | disability was
reported and the date on which it was | 18 | | reported;
| 19 | | (vi) the name and title of the person, if known, | 20 | | representing the
employer with whom the employee conferred | 21 | | in any effort to obtain pursuant
to Section 7 compensation | 22 | | of the type provided for in paragraph (b) of
Section 8 of | 23 | | the Workers' Compensation Act or medical, surgical or | 24 | | hospital
services of the type provided for in paragraph (a) | 25 | | of Section 8 of the
Workers' Compensation Act and the date | 26 | | of such conference;
|
| | | 10100HB2301sam001 | - 65 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (vii) a statement that the employer has refused to pay | 2 | | compensation
pursuant to Section 7 of the type provided for | 3 | | in paragraph (b) of Section
8 of the Workers' Compensation | 4 | | Act or for medical, surgical
or hospital services pursuant | 5 | | to Section 7 of the type provided for in
paragraph (a) of | 6 | | Section 8 of the Workers' Compensation Act;
| 7 | | (viii) the name and address, if known, of each witness | 8 | | to the last
exposure and of each other person upon whom the | 9 | | employee will rely to
support his allegations;
| 10 | | (ix) the dates of treatment related to the disability | 11 | | by medical
practitioners, and the names and addresses of | 12 | | such practitioners, including
the dates of treatment | 13 | | related to the disability at any hospitals and the
names | 14 | | and addresses of such hospitals, and a signed authorization
| 15 | | permitting the employer to examine all medical records of | 16 | | all practitioners
and hospitals named pursuant to this | 17 | | paragraph;
| 18 | | (x) a copy of a signed report by a medical | 19 | | practitioner, relating to the
employee's current inability | 20 | | to return to work because of the disability
incurred as a | 21 | | result of the exposure or such other documents or | 22 | | affidavits
which show that the employee is entitled to | 23 | | receive pursuant to Section 7
compensation of the type | 24 | | provided for in paragraph (b) of Section 8 of the
Workers' | 25 | | Compensation Act or medical, surgical or hospital services | 26 | | of the
type provided for in paragraph (a) of Section 8 of |
| | | 10100HB2301sam001 | - 66 - | LRB101 08580 TAE 60798 a |
|
| 1 | | the Workers'
Compensation Act. Such reports, documents or | 2 | | affidavits shall state, if
possible, the history of the | 3 | | exposure given by the employee, and describe
the disability | 4 | | and medical diagnosis, the medical services for such
| 5 | | disability which the employee has received and is | 6 | | receiving, the physical
activities which the employee | 7 | | cannot currently perform as a result of such
disability, | 8 | | and the prognosis for recovery;
| 9 | | (xi) complete copies of any reports, records, | 10 | | documents and affidavits
in the possession of the employee | 11 | | on which the employee will rely to
support his allegations, | 12 | | provided that the employer shall pay the
reasonable cost of | 13 | | reproduction thereof;
| 14 | | (xii) a list of any reports, records, documents and | 15 | | affidavits which
the employee has demanded by subpoena and | 16 | | on which he intends to
rely to support his allegations;
| 17 | | (xiii) a certification signed by the employee or his | 18 | | representative that
the employer has received the petition | 19 | | with the required information 15
days before filing.
| 20 | | Fifteen days after receipt by the employer of the petition | 21 | | with the
required information the employee may file said | 22 | | petition and required
information and shall serve notice of the | 23 | | filing upon the employer. The
employer may file a motion | 24 | | addressed to the sufficiency of the petition.
If an objection | 25 | | has been filed to the sufficiency of the petition, the
| 26 | | arbitrator shall rule on the objection within 2 working days. |
| | | 10100HB2301sam001 | - 67 - | LRB101 08580 TAE 60798 a |
|
| 1 | | If such an
objection is filed, the time for filing the final | 2 | | decision of the Commission
as provided in this paragraph shall | 3 | | be tolled until the arbitrator has
determined that the petition | 4 | | is sufficient.
| 5 | | The employer shall, within 15 days after receipt of the | 6 | | notice that such
petition is filed, file with the Commission | 7 | | and serve on the employee or
his representative a written | 8 | | response to each claim set
forth in the petition, including the | 9 | | legal and factual basis for each
disputed allegation and the | 10 | | following information: (i)
complete copies of any reports, | 11 | | records, documents and affidavits
in the possession of the | 12 | | employer on which the employer intends to rely in
support of | 13 | | his response, (ii) a list of any reports, records, documents | 14 | | and
affidavits which the employer has demanded by subpoena and | 15 | | on which the
employer intends to rely in support of his | 16 | | response, (iii) the name and address
of each witness on whom | 17 | | the employer will rely to support his response,
and (iv) the | 18 | | names and addresses of any medical practitioners
selected by | 19 | | the employer pursuant to Section 12 of this Act and the time
| 20 | | and place of any examination scheduled to be made pursuant to | 21 | | such Section.
| 22 | | Any employer who does not timely file and serve a written | 23 | | response
without good cause may not introduce any evidence to | 24 | | dispute any claim of
the employee but may cross examine the | 25 | | employee or any witness brought by
the employee and otherwise | 26 | | be heard.
|
| | | 10100HB2301sam001 | - 68 - | LRB101 08580 TAE 60798 a |
|
| 1 | | No document or other evidence not previously identified by | 2 | | either party
with the petition or written response, or by any | 3 | | other means before the
hearing, may be introduced into evidence | 4 | | without good cause. If, at the
hearing, material information is | 5 | | discovered which was not previously
disclosed, the Arbitrator | 6 | | may extend the time for closing proof on the
motion of a party | 7 | | for a reasonable period of time which may be more than 30
days. | 8 | | No evidence may be introduced pursuant to this paragraph as to
| 9 | | permanent disability. No award may be entered for permanent | 10 | | disability
pursuant to this paragraph. Either party may | 11 | | introduce into evidence the
testimony taken by deposition of | 12 | | any medical practitioner.
| 13 | | The Commission shall adopt rules, regulations and | 14 | | procedures whereby
the final decision of the Commission is | 15 | | filed not later than 90 days from
the date the petition for | 16 | | review is filed but in no event later than 180
days from the | 17 | | date the petition for an emergency hearing is filed with the
| 18 | | Illinois Workers' Compensation Commission.
| 19 | | All service required pursuant to this paragraph (b-1) must | 20 | | be by personal
service or by certified mail and with evidence | 21 | | of receipt. In addition,
for the purposes of this paragraph, | 22 | | all service on the employer must be at
the premises where the | 23 | | accident occurred if the premises are owned or
operated by the | 24 | | employer. Otherwise service must be at the employee's
principal | 25 | | place of employment by the employer. If service on the employer
| 26 | | is not possible at either of the above, then service shall be |
| | | 10100HB2301sam001 | - 69 - | LRB101 08580 TAE 60798 a |
|
| 1 | | at the
employer's principal place of business. After initial | 2 | | service in each case,
service shall be made on the employer's | 3 | | attorney or designated representative.
| 4 | | (c)(1) At a reasonable time in advance of and in connection | 5 | | with the
hearing under Section 19(e) or 19(h), the Commission | 6 | | may on its own motion
order an impartial physical or mental | 7 | | examination of a petitioner whose
mental or physical condition | 8 | | is in issue, when in the Commission's
discretion it appears | 9 | | that such an examination will materially aid in the
just | 10 | | determination of the case. The examination shall be made by a | 11 | | member
or members of a panel of physicians chosen for their | 12 | | special qualifications
by the Illinois State Medical Society. | 13 | | The Commission shall establish
procedures by which a physician | 14 | | shall be selected from such list.
| 15 | | (2) Should the Commission at any time during the hearing | 16 | | find that
compelling considerations make it advisable to have | 17 | | an examination and
report at that time, the Commission may in | 18 | | its discretion so order.
| 19 | | (3) A copy of the report of examination shall be given to | 20 | | the Commission
and to the attorneys for the parties.
| 21 | | (4) Either party or the Commission may call the examining | 22 | | physician
or physicians to testify. Any physician so called | 23 | | shall be subject to
cross-examination.
| 24 | | (5) The examination shall be made, and the physician or | 25 | | physicians,
if called, shall testify, without cost to the | 26 | | parties. The Commission shall
determine the compensation and |
| | | 10100HB2301sam001 | - 70 - | LRB101 08580 TAE 60798 a |
|
| 1 | | the pay of the physician or physicians. The
compensation for | 2 | | this service shall not exceed the usual and customary amount
| 3 | | for such service.
| 4 | | The fees and payment thereof of all attorneys and | 5 | | physicians for
services authorized by the Commission under this | 6 | | Act shall, upon request
of either the employer or the employee | 7 | | or the beneficiary affected, be
subject to the review and | 8 | | decision of the Commission.
| 9 | | (d) If any employee shall persist in insanitary or | 10 | | injurious
practices which tend to either imperil or retard his | 11 | | recovery or shall
refuse to submit to such medical, surgical, | 12 | | or hospital treatment as is
reasonably essential to promote his | 13 | | recovery, the Commission may, in its
discretion, reduce or | 14 | | suspend the compensation of any such employee;
provided, that | 15 | | when an employer and employee so agree in writing, the
| 16 | | foregoing provision shall not be construed to authorize the | 17 | | reduction or
suspension of compensation of an employee who is | 18 | | relying in good faith,
on treatment by prayer or spiritual | 19 | | means alone, in accordance with the
tenets and practice of a | 20 | | recognized church or religious denomination, by
a duly | 21 | | accredited practitioner thereof.
| 22 | | (e) This paragraph shall apply to all hearings before the | 23 | | Commission.
Such hearings may be held in its office or | 24 | | elsewhere as the Commission may
deem advisable. The taking of | 25 | | testimony on such hearings may be had before
any member of the | 26 | | Commission. If a petition for review and agreed statement
of |
| | | 10100HB2301sam001 | - 71 - | LRB101 08580 TAE 60798 a |
|
| 1 | | facts or transcript of evidence is filed, as provided herein, | 2 | | the
Commission shall promptly review the decision of the | 3 | | Arbitrator and all
questions of law or fact which appear from | 4 | | the statement of facts or
transcripts of evidence. In all cases | 5 | | in which the hearing before the
arbitrator is held after the | 6 | | effective date of this amendatory Act of 1989,
no additional | 7 | | evidence shall be introduced by the parties before the
| 8 | | Commission on review of the decision of the Arbitrator. The | 9 | | Commission
shall file in its office its decision thereon, and | 10 | | shall immediately send
to each party or his attorney a copy of | 11 | | such decision and a notification of
the time when it was filed. | 12 | | Decisions shall be filed within 60 days after
the Statement of | 13 | | Exceptions and Supporting Brief and Response thereto are
| 14 | | required to be filed or oral argument whichever is later.
| 15 | | In the event either party requests oral argument, such | 16 | | argument shall be
had before a panel of 3 members of the | 17 | | Commission (or before all available
members pursuant to the | 18 | | determination of 7 members of the Commission that
such argument | 19 | | be held before all available members of the Commission)
| 20 | | pursuant to the rules and regulations of the Commission. A | 21 | | panel of 3
members, which shall be comprised of not more than | 22 | | one representative
citizen of the employing class and not more | 23 | | than one representative from a labor organization recognized | 24 | | under the National Labor Relations Act or an attorney who has | 25 | | represented labor organizations or has represented employees | 26 | | in workers' compensation cases citizen
of the employee class , |
| | | 10100HB2301sam001 | - 72 - | LRB101 08580 TAE 60798 a |
|
| 1 | | shall hear the argument; provided that if all the
issues in | 2 | | dispute are solely the nature and extent of the permanent | 3 | | partial
disability, if any, a majority of the panel may deny | 4 | | the request for such
argument and such argument shall not be | 5 | | held; and provided further that 7
members of the Commission may | 6 | | determine that the argument be held before
all available | 7 | | members of the Commission. A decision of the Commission shall
| 8 | | be approved by a majority of Commissioners present at such | 9 | | hearing if any;
provided, if no such hearing is held, a | 10 | | decision of the Commission shall be
approved by a majority of a | 11 | | panel of 3 members of the Commission as
described in this | 12 | | Section. The Commission shall give 10 days' notice to the
| 13 | | parties or their attorneys of the time and place of such taking | 14 | | of
testimony and of such argument.
| 15 | | In any case the Commission in its decision may in its | 16 | | discretion find
specially upon any question or questions of law | 17 | | or facts which shall be
submitted in writing by either party | 18 | | whether ultimate or otherwise;
provided that on issues other | 19 | | than nature and extent of the disablement,
if any, the | 20 | | Commission in its decision shall find specially upon any
| 21 | | question or questions of law or fact, whether ultimate or | 22 | | otherwise,
which are submitted in writing by either party; | 23 | | provided further that
not more than 5 such questions may be | 24 | | submitted by either party. Any
party may, within 20 days after | 25 | | receipt of notice of the Commission's
decision, or within such | 26 | | further time, not exceeding 30 days, as the
Commission may |
| | | 10100HB2301sam001 | - 73 - | LRB101 08580 TAE 60798 a |
|
| 1 | | grant, file with the Commission either an agreed
statement of | 2 | | the facts appearing upon the hearing, or, if such party
shall | 3 | | so elect, a correct transcript of evidence of the additional
| 4 | | proceedings presented before the Commission in which report the | 5 | | party
may embody a correct statement of such other proceedings | 6 | | in the case as
such party may desire to have reviewed, such | 7 | | statement of facts or
transcript of evidence to be | 8 | | authenticated by the signature of the
parties or their | 9 | | attorneys, and in the event that they do not agree,
then the | 10 | | authentication of such transcript of evidence shall be by the
| 11 | | signature of any member of the Commission.
| 12 | | If a reporter does not for any reason furnish a transcript | 13 | | of the
proceedings before the Arbitrator in any case for use on | 14 | | a hearing for
review before the Commission, within the | 15 | | limitations of time as fixed in
this Section, the Commission | 16 | | may, in its discretion, order a trial de
novo before the | 17 | | Commission in such case upon application of either
party. The | 18 | | applications for adjustment of claim and other documents in
the | 19 | | nature of pleadings filed by either party, together with the
| 20 | | decisions of the Arbitrator and of the Commission and the | 21 | | statement of
facts or transcript of evidence hereinbefore | 22 | | provided for in paragraphs
(b) and (c) shall be the record of | 23 | | the proceedings of the Commission,
and shall be subject to | 24 | | review as hereinafter provided.
| 25 | | At the request of either party or on its own motion, the | 26 | | Commission shall
set forth in writing the reasons for the |
| | | 10100HB2301sam001 | - 74 - | LRB101 08580 TAE 60798 a |
|
| 1 | | decision, including findings of
fact and conclusions of law, | 2 | | separately stated. The Commission shall by
rule adopt a format | 3 | | for written decisions for the Commission and
arbitrators. The | 4 | | written decisions shall be concise and shall succinctly
state | 5 | | the facts and reasons for the decision. The Commission may | 6 | | adopt in
whole or in part, the decision of the arbitrator as | 7 | | the decision of the
Commission. When the Commission does so | 8 | | adopt the decision of the
arbitrator, it shall do so by order. | 9 | | Whenever the Commission adopts part of
the arbitrator's | 10 | | decision, but not all, it shall include in the order the
| 11 | | reasons for not adopting all of the arbitrator's decision. When | 12 | | a majority
of a panel, after deliberation, has arrived at its | 13 | | decision, the decision
shall be filed as provided in this | 14 | | Section without unnecessary delay, and
without regard to the | 15 | | fact that a member of the panel has expressed an
intention to | 16 | | dissent. Any member of the panel may file a dissent. Any
| 17 | | dissent shall be filed no later than 10 days after the decision | 18 | | of the
majority has been filed.
| 19 | | Decisions rendered by the Commission after the effective | 20 | | date of this
amendatory Act of 1980 and dissents, if any, shall | 21 | | be published
together by the Commission. The conclusions
of law | 22 | | set out in such decisions shall be regarded as precedents
by | 23 | | arbitrators, for the purpose of achieving
a more uniform | 24 | | administration of this Act.
| 25 | | (f) The decision of the Commission acting within its | 26 | | powers,
according to the provisions of paragraph (e) of this |
| | | 10100HB2301sam001 | - 75 - | LRB101 08580 TAE 60798 a |
|
| 1 | | Section shall, in
the absence of fraud, be conclusive unless | 2 | | reviewed as in this paragraph
hereinafter provided. However, | 3 | | the Arbitrator or the Commission may on
his or its own motion, | 4 | | or on the motion of either party, correct any
clerical error or | 5 | | errors in computation within 15 days after the date of
receipt | 6 | | of any award by such Arbitrator or any decision on review of | 7 | | the
Commission, and shall have the power to recall the original | 8 | | award on
arbitration or decision on review, and issue in lieu | 9 | | thereof such
corrected award or decision. Where such correction | 10 | | is made the time for
review herein specified shall begin to run | 11 | | from the date of
the receipt of the corrected award or | 12 | | decision.
| 13 | | (1) Except in cases of claims against the State of | 14 | | Illinois, in
which case the decision of the Commission | 15 | | shall not be subject to
judicial review, the Circuit Court | 16 | | of the county where any of the
parties defendant may be | 17 | | found, or if none of the parties defendant be
found in this | 18 | | State then the Circuit Court of the county where any of
the | 19 | | exposure occurred, shall by summons to the Commission
have | 20 | | power to review all questions of law and fact presented by | 21 | | such
record.
| 22 | | A proceeding for review shall be commenced within 20 | 23 | | days of the
receipt of notice of the decision of the | 24 | | Commission. The summons shall be
issued by the clerk of | 25 | | such court upon written request returnable on a
designated | 26 | | return day, not less than 10 or more than 60 days from the |
| | | 10100HB2301sam001 | - 76 - | LRB101 08580 TAE 60798 a |
|
| 1 | | date
of issuance thereof, and the written request shall | 2 | | contain the last known
address of other parties in interest | 3 | | and their attorneys of record who are
to be served by | 4 | | summons. Service upon any member of the Commission or the
| 5 | | Secretary or the Assistant Secretary thereof shall be | 6 | | service upon the
Commission, and service upon other parties | 7 | | in interest and their attorneys
of record shall be by | 8 | | summons, and such service shall be made upon the
Commission | 9 | | and other parties in interest by mailing notices of the
| 10 | | commencement of the proceedings and the return day of the | 11 | | summons to the
office of the Commission and to the last | 12 | | known place of residence of
other parties in interest or | 13 | | their attorney or attorneys of record. The
clerk of the | 14 | | court issuing the summons shall on the day of issue mail | 15 | | notice
of the commencement of the proceedings which shall | 16 | | be done by mailing a
copy of the summons to the office of | 17 | | the Commission, and a copy of the
summons to the other | 18 | | parties in interest or their attorney or
attorneys of | 19 | | record and the clerk of the court shall make certificate
| 20 | | that he has so sent such notices in pursuance of this | 21 | | Section, which
shall be evidence of service on the | 22 | | Commission and other parties in
interest.
| 23 | | The Commission shall not be required to certify the | 24 | | record of their
proceedings in the Circuit Court unless the | 25 | | party commencing the
proceedings for review in the Circuit | 26 | | Court as above provided, shall file with the Commission |
| | | 10100HB2301sam001 | - 77 - | LRB101 08580 TAE 60798 a |
|
| 1 | | notice of intent to file for review in Circuit Court. It | 2 | | shall be
the duty of the Commission upon such filing of | 3 | | notice of intent to file for review in Circuit Court to | 4 | | prepare a true and correct
copy of such testimony and a | 5 | | true and correct copy of all
other matters contained in | 6 | | such record and certified to by the Secretary
or Assistant | 7 | | Secretary thereof. The changes made to this subdivision | 8 | | (f)(1) by this amendatory Act of the 98th General Assembly | 9 | | apply to any Commission decision entered after the | 10 | | effective date of this amendatory Act of the 98th General | 11 | | Assembly.
| 12 | | No request
for a summons may be filed and no summons | 13 | | shall
issue unless the party seeking to review the decision | 14 | | of the Commission
shall exhibit to the clerk of the Circuit | 15 | | Court proof of
filing with the Commission of the notice of | 16 | | the intent to file for review in the Circuit Court or an | 17 | | affidavit of the attorney setting
forth that notice of | 18 | | intent to file for review in Circuit Court has been given | 19 | | in writing to the Secretary
or Assistant Secretary of the | 20 | | Commission.
| 21 | | (2) No such summons shall issue unless the one against
| 22 | | whom the Commission shall have rendered an award for the | 23 | | payment of money
shall upon the filing of his written | 24 | | request for such summons file with the
clerk of the court a | 25 | | bond conditioned that if he shall not successfully
| 26 | | prosecute the review, he will pay the award and the costs |
| | | 10100HB2301sam001 | - 78 - | LRB101 08580 TAE 60798 a |
|
| 1 | | of the
proceedings in the court. The amount of the bond | 2 | | shall be fixed by any
member of the Commission and the | 3 | | surety or sureties of the bond shall be
approved by the | 4 | | clerk of the court. The acceptance of the bond by the
clerk | 5 | | of the court shall constitute evidence of his approval of | 6 | | the
bond.
| 7 | | Every county, city, town, township, incorporated | 8 | | village, school
district, body politic or municipal | 9 | | corporation having a population of
500,000 or more against | 10 | | whom the Commission shall have rendered an award
for the | 11 | | payment of money shall not be required to file a bond to | 12 | | secure
the payment of the award and the costs of the | 13 | | proceedings in the court
to authorize the court to issue | 14 | | such summons.
| 15 | | The court may confirm or set aside the decision of the | 16 | | Commission. If
the decision is set aside and the facts | 17 | | found in the proceedings before
the Commission are | 18 | | sufficient, the court may enter such decision as is
| 19 | | justified by law, or may remand the cause to the Commission | 20 | | for further
proceedings and may state the questions | 21 | | requiring further hearing, and
give such other | 22 | | instructions as may be proper. Appeals shall be taken
to | 23 | | the Appellate Court in accordance
with Supreme Court Rules | 24 | | 22(g) and 303. Appeals shall be taken from the
Appellate | 25 | | Court to the Supreme Court
in accordance with Supreme Court | 26 | | Rule 315.
|
| | | 10100HB2301sam001 | - 79 - | LRB101 08580 TAE 60798 a |
|
| 1 | | It shall be the duty of the clerk of any court | 2 | | rendering a decision
affecting or affirming an award of the | 3 | | Commission to promptly furnish
the Commission with a copy | 4 | | of such decision, without charge.
| 5 | | The decision of a majority of the members of the panel | 6 | | of the Commission,
shall be considered the decision of the | 7 | | Commission.
| 8 | | (g) Except in the case of a claim against the State of | 9 | | Illinois,
either party may present a certified copy of the | 10 | | award of the
Arbitrator, or a certified copy of the decision of | 11 | | the Commission when
the same has become final, when no | 12 | | proceedings for review are pending,
providing for the payment | 13 | | of compensation according to this Act, to the
Circuit Court of | 14 | | the county in which such exposure occurred or either of
the | 15 | | parties are residents, whereupon the court shall enter a | 16 | | judgment
in accordance therewith. In case where the employer | 17 | | refuses to pay
compensation according to such final award or | 18 | | such final decision upon
which such judgment is entered, the | 19 | | court shall in entering judgment
thereon, tax as costs against | 20 | | him the reasonable costs and attorney fees
in the arbitration | 21 | | proceedings and in the court entering the judgment
for the | 22 | | person in whose favor the judgment is entered, which judgment
| 23 | | and costs taxed as herein provided shall, until and unless set | 24 | | aside,
have the same effect as though duly entered in an action | 25 | | duly tried and
determined by the court, and shall with like | 26 | | effect, be entered and
docketed. The Circuit Court shall have |
| | | 10100HB2301sam001 | - 80 - | LRB101 08580 TAE 60798 a |
|
| 1 | | power at any time upon
application to make any such judgment | 2 | | conform to any modification
required by any subsequent decision | 3 | | of the Supreme Court upon appeal, or
as the result of any | 4 | | subsequent proceedings for review, as provided in
this Act.
| 5 | | Judgment shall not be entered until 15 days' notice of the | 6 | | time and
place of the application for the entry of judgment | 7 | | shall be served upon
the employer by filing such notice with | 8 | | the Commission, which Commission
shall, in case it has on file | 9 | | the address of the employer or the name
and address of its | 10 | | agent upon whom notices may be served, immediately
send a copy | 11 | | of the notice to the employer or such designated agent.
| 12 | | (h) An agreement or award under this Act providing for | 13 | | compensation
in installments, may at any time within 18 months | 14 | | after such agreement
or award be reviewed by the Commission at | 15 | | the request of either the
employer or the employee on the | 16 | | ground that the disability of the
employee has subsequently | 17 | | recurred, increased, diminished or ended.
| 18 | | However, as to disablements occurring subsequently to July | 19 | | 1, 1955,
which are covered by any agreement or award under this | 20 | | Act providing for
compensation in installments made as a result | 21 | | of such disablement, such
agreement or award may at any time | 22 | | within 30 months after such agreement
or award be reviewed by | 23 | | the Commission at the request of either the
employer or the | 24 | | employee on the ground that the disability of the
employee has | 25 | | subsequently recurred, increased, diminished or ended.
| 26 | | On such review compensation payments may be |
| | | 10100HB2301sam001 | - 81 - | LRB101 08580 TAE 60798 a |
|
| 1 | | re-established,
increased, diminished or ended. The Commission | 2 | | shall give 15 days'
notice to the parties of the hearing for | 3 | | review. Any employee, upon any
petition for such review being | 4 | | filed by the employer, shall be entitled
to one day's notice | 5 | | for each 100 miles necessary to be traveled by him in
attending | 6 | | the hearing of the Commission upon the petition, and 3 days in
| 7 | | addition thereto. Such employee shall, at the discretion of the
| 8 | | Commission, also be entitled to 5 cents per mile necessarily | 9 | | traveled by
him within the State of Illinois in attending such | 10 | | hearing, not to
exceed a distance of 300 miles, to be taxed by | 11 | | the Commission as costs
and deposited with the petition of the | 12 | | employer.
| 13 | | When compensation which is payable in accordance with an | 14 | | award or
settlement contract approved by the Commission, is | 15 | | ordered paid in a
lump sum by the Commission, no review shall | 16 | | be had as in this paragraph
mentioned.
| 17 | | (i) Each party, upon taking any proceedings or steps | 18 | | whatsoever
before any Arbitrator, Commission or court,
shall | 19 | | file with the Commission his address, or the name and address | 20 | | of
any agent upon whom all notices to be given to such party | 21 | | shall be
served, either personally or by registered mail, | 22 | | addressed to such party
or agent at the last address so filed | 23 | | with the Commission. In the event
such party has not filed his | 24 | | address, or the name and address of an
agent as above provided, | 25 | | service of any notice may be had by filing such
notice with the | 26 | | Commission.
|
| | | 10100HB2301sam001 | - 82 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (j) Whenever in any proceeding testimony has been taken or | 2 | | a final
decision has been rendered, and after the taking of | 3 | | such testimony or
after such decision has become final, the | 4 | | employee dies, then in any
subsequent proceeding brought by the | 5 | | personal representative or
beneficiaries of the deceased | 6 | | employee, such testimony in the former
proceeding may be | 7 | | introduced with the same force and effect as though
the witness | 8 | | having so testified were present in person in such
subsequent | 9 | | proceedings and such final decision, if any, shall be taken
as | 10 | | final adjudication of any of the issues which are the same in | 11 | | both
proceedings.
| 12 | | (k) In any case where there has been any unreasonable or | 13 | | vexatious
delay of payment or intentional underpayment of | 14 | | compensation, or
proceedings have been instituted or carried on | 15 | | by one liable to pay the
compensation, which do not present a | 16 | | real controversy, but are merely
frivolous or for delay, then | 17 | | the Commission may award compensation
additional to that | 18 | | otherwise payable under this Act equal to 50% of the
amount | 19 | | payable at the time of such award. Failure to pay compensation | 20 | | in
accordance with the provisions of Section 8, paragraph (b) | 21 | | of this Act,
shall be considered unreasonable delay.
| 22 | | When determining whether this subsection (k) shall apply, | 23 | | the
Commission shall consider whether an arbitrator has | 24 | | determined
that the claim is not compensable or whether the | 25 | | employer has
made payments under Section 8(j) of the Workers' | 26 | | Compensation Act. |
| | | 10100HB2301sam001 | - 83 - | LRB101 08580 TAE 60798 a |
|
| 1 | | (k-1) If the employee has made written demand for payment | 2 | | of
benefits under Section 8(a) or Section 8(b) of the Workers' | 3 | | Compensation Act, the employer shall
have 14 days after receipt | 4 | | of the demand to set forth in
writing the reason for the delay. | 5 | | In the case of demand for
payment of medical benefits under | 6 | | Section 8(a) of the Workers' Compensation Act, the time for
the | 7 | | employer to respond shall not commence until the expiration
of | 8 | | the allotted 60 days specified under Section 8.2(d) of the | 9 | | Workers' Compensation Act. In case
the employer or his or her | 10 | | insurance carrier shall without good and
just cause fail, | 11 | | neglect, refuse, or unreasonably delay the
payment of benefits | 12 | | under Section 8(a) or Section 8(b) of the Workers' Compensation | 13 | | Act, the
Arbitrator or the Commission shall allow to the | 14 | | employee
additional compensation in the sum of $30 per day for | 15 | | each day
that the benefits under Section 8(a) or Section 8(b) | 16 | | of the Workers' Compensation Act have been
so withheld or | 17 | | refused, not to exceed $10,000.
A delay in payment of 14 days | 18 | | or more
shall create a rebuttable presumption of unreasonable | 19 | | delay.
| 20 | | (l) By the 15th day of each month each insurer providing | 21 | | coverage for
losses under this Act shall notify each insured | 22 | | employer of any compensable
claim incurred during the preceding | 23 | | month and the amounts paid or reserved
on the claim including a | 24 | | summary of the claim and a brief statement of the
reasons for | 25 | | compensability. A cumulative report of all claims incurred
| 26 | | during a calendar year or continued
from the previous year |
| | | 10100HB2301sam001 | - 84 - | LRB101 08580 TAE 60798 a |
|
| 1 | | shall be furnished to the insured employer by the
insurer | 2 | | within 30 days after the end of that calendar year.
| 3 | | The insured employer may challenge, in proceeding before | 4 | | the Commission,
payments made by the insurer without | 5 | | arbitration and payments made after
a case is determined to be | 6 | | noncompensable. If the Commission finds that
the case was not | 7 | | compensable, the insurer shall purge its records as to
that | 8 | | employer of any loss or expense associated with the claim, | 9 | | reimburse
the employer for attorneys fee arising from the | 10 | | challenge and for any payment
required of the employer to the | 11 | | Rate Adjustment Fund or the Second Injury
Fund, and may not | 12 | | effect the loss or expense for rate making purposes. The
| 13 | | employee shall not be required to refund the challenged | 14 | | payment. The
decision of the Commission may be reviewed in the | 15 | | same
manner as in arbitrated cases. No challenge may be | 16 | | initiated under this
paragraph more than 3 years after the | 17 | | payment is made. An employer may
waive the right of challenge | 18 | | under this paragraph on a case by case basis.
| 19 | | (m) After filing an application for adjustment of claim but | 20 | | prior to
the hearing on arbitration the parties may voluntarily | 21 | | agree to submit such
application for adjustment of claim for | 22 | | decision by an arbitrator under
this subsection (m) where such | 23 | | application for adjustment
of claim raises only a dispute over | 24 | | temporary total disability, permanent
partial disability or | 25 | | medical expenses. Such agreement shall be in writing
in such | 26 | | form as provided by the Commission. Applications for adjustment |
| | | 10100HB2301sam001 | - 85 - | LRB101 08580 TAE 60798 a |
|
| 1 | | of
claim submitted for decision by an arbitrator under
this | 2 | | subsection (m) shall proceed according
to rule as established | 3 | | by the Commission. The Commission shall promulgate
rules | 4 | | including, but not limited to, rules to ensure that the parties | 5 | | are
adequately informed of their rights under this subsection | 6 | | (m) and of the
voluntary nature of proceedings under this | 7 | | subsection
(m). The findings of fact made by an arbitrator | 8 | | acting within his or her
powers under this subsection (m) in | 9 | | the absence of fraud shall be
conclusive. However, the | 10 | | arbitrator may on his own motion, or the motion
of either | 11 | | party, correct any clerical errors or errors in computation
| 12 | | within 15 days after the date of receipt of such award of the | 13 | | arbitrator
and shall have the power to recall the original | 14 | | award on arbitration, and
issue in lieu thereof such corrected | 15 | | award.
The decision of the arbitrator under this subsection (m) | 16 | | shall be
considered the decision of the Commission and | 17 | | proceedings for review of
questions of law arising from the | 18 | | decision may be commenced by either party
pursuant to | 19 | | subsection (f) of Section 19. The Advisory Board established
| 20 | | under Section 13.1 of the Workers' Compensation Act shall | 21 | | compile a list of
certified Commission arbitrators, each of | 22 | | whom shall be approved by at least
7 members of the Advisory | 23 | | Board. The chairman shall select 5 persons
from such list to | 24 | | serve as arbitrators under this subsection (m). By
agreement, | 25 | | the parties shall select one arbitrator from among the 5 | 26 | | persons
selected by the chairman except, that if the parties do |
| | | 10100HB2301sam001 | - 86 - | LRB101 08580 TAE 60798 a |
|
| 1 | | not agree on an
arbitrator from among the 5 persons, the | 2 | | parties may, by agreement,
select an arbitrator of the American | 3 | | Arbitration Association, whose fee
shall be paid by the State | 4 | | in accordance with rules promulgated by the
Commission. | 5 | | Arbitration under this subsection (m) shall be voluntary.
| 6 | | (Source: P.A. 98-40, eff. 6-28-13.)".
|
|