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90_SB1314
820 ILCS 305/8 from Ch. 48, par. 138.8
Amends the Workers' Compensation Act. Provides that the
provider of any services, treatment, care, instruction,
training, or appliances or other tangible things for which an
employer is responsible for payment is bound by charges on
payments ordered by the Industrial Commission. Provides that
any dispute regarding the reasonableness or the amount of a
fee, charge, or payment shall be resolved in accordance with
the Workers' Compensation Act or the Workers' Occupational
Diseases Act. Provides that a provider shall not maintain a
court action or pursue payment of a bill through a collection
agency against an employee for charges incurred for injuries
covered under the Act.
LRB9009203WHmg
LRB9009203WHmg
1 AN ACT to amend the Workers' Compensation Act by changing
2 Section 8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Worker's Compensation Act is amended by
6 changing Section 8 as follows:
7 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
8 Sec. 8. The amount of compensation which shall be paid
9 to the employee for an accidental injury not resulting in
10 death is:
11 (a) The employer shall provide and pay for all the
12 necessary first aid, medical and surgical services, and all
13 necessary medical, surgical and hospital services thereafter
14 incurred, limited, however, to that which is reasonably
15 required to cure or relieve from the effects of the
16 accidental injury. The employer shall also pay for treatment,
17 instruction and training necessary for the physical, mental
18 and vocational rehabilitation of the employee, including all
19 maintenance costs and expenses incidental thereto. If as a
20 result of the injury the employee is unable to be
21 self-sufficient the employer shall further pay for such
22 maintenance or institutional care as shall be required.
23 The employee may at any time elect to secure his own
24 physician, surgeon and hospital services at the employer's
25 expense, or,
26 Upon agreement between the employer and the employees, or
27 the employees' exclusive representative, and subject to the
28 approval of the Industrial Commission, the employer shall
29 maintain a list of physicians, to be known as a Panel of
30 Physicians, who are accessible to the employees. The employer
31 shall post this list in a place or places easily accessible
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1 to his employees. The employee shall have the right to make
2 an alternative choice of physician from such Panel if he is
3 not satisfied with the physician first selected. If, due to
4 the nature of the injury or its occurrence away from the
5 employer's place of business, the employee is unable to make
6 a selection from the Panel, the selection process from the
7 Panel shall not apply. The physician selected from the Panel
8 may arrange for any consultation, referral or other
9 specialized medical services outside the Panel at the
10 employer's expense. Provided that, in the event the
11 Commission shall find that a doctor selected by the employee
12 is rendering improper or inadequate care, the Commission may
13 order the employee to select another doctor certified or
14 qualified in the medical field for which treatment is
15 required. If the employee refuses to make such change the
16 Commission may relieve the employer of his obligation to pay
17 the doctor's charges from the date of refusal to the date of
18 compliance.
19 Every hospital, physician, surgeon or other person
20 rendering treatment or services in accordance with the
21 provisions of this Section shall upon written request furnish
22 full and complete reports thereof to, and permit their
23 records to be copied by, the employer, the employee or his
24 dependents, as the case may be, or any other party to any
25 proceeding for compensation before the Commission, or their
26 attorneys.
27 Notwithstanding the foregoing, the employer's liability
28 to pay for such medical services selected by the employee
29 shall be limited to:
30 (1) all first aid and emergency treatment; plus
31 (2) all medical, surgical and hospital services
32 provided by the physician, surgeon or hospital initially
33 chosen by the employee or by any other physician,
34 consultant, expert, institution or other provider of
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1 services recommended by said initial service provider or
2 any subsequent provider of medical services in the chain
3 of referrals from said initial service provider; plus
4 (3) all medical, surgical and hospital services
5 provided by any second physician, surgeon or hospital
6 subsequently chosen by the employee or by any other
7 physician, consultant, expert, institution or other
8 provider of services recommended by said second service
9 provider or any subsequent provider of medical services
10 in the chain of referrals from said second service
11 provider. Thereafter the employer shall select and pay
12 for all necessary medical, surgical and hospital
13 treatment and the employee may not select a provider of
14 medical services at the employer's expense unless the
15 employer agrees to such selection. At any time the
16 employee may obtain any medical treatment he desires at
17 his own expense. This paragraph shall not affect the duty
18 to pay for rehabilitation referred to above.
19 When an employer and employee so agree in writing,
20 nothing in this Act prevents an employee whose injury or
21 disability has been established under this Act, from relying
22 in good faith, on treatment by prayer or spiritual means
23 alone, in accordance with the tenets and practice of a
24 recognized church or religious denomination, by a duly
25 accredited practitioner thereof, and having nursing services
26 appropriate therewith, without suffering loss or diminution
27 of the compensation benefits under this Act. However, the
28 employee shall submit to all physical examinations required
29 by this Act. The cost of such treatment and nursing care
30 shall be paid by the employee unless the employer agrees to
31 make such payment.
32 Where the accidental injury results in the amputation of
33 an arm, hand, leg or foot, or the enucleation of an eye, or
34 the loss of any of the natural teeth, the employer shall
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1 furnish an artificial of any such members lost or damaged in
2 accidental injury arising out of and in the course of
3 employment, and shall also furnish the necessary braces in
4 all proper and necessary cases. In cases of the loss of a
5 member or members by amputation, the employer shall, whenever
6 necessary, maintain in good repair, refit or replace the
7 artificial limbs during the lifetime of the employee. Where
8 the accidental injury accompanied by physical injury results
9 in damage to a denture, eye glasses or contact eye lenses, or
10 where the accidental injury results in damage to an
11 artificial member, the employer shall replace or repair such
12 denture, glasses, lenses, or artificial member.
13 The furnishing by the employer of any such services or
14 appliances is not an admission of liability on the part of
15 the employer to pay compensation.
16 The furnishing of any such services or appliances or the
17 servicing thereof by the employer is not the payment of
18 compensation.
19 The provider of any services, treatment, care,
20 instruction, training, or appliances or other tangible things
21 for which an employer is responsible for payment under this
22 subsection is bound by charges or payments ordered by the
23 Industrial Commission, and any dispute regarding the
24 reasonableness or the amount of a fee, charge, or payment
25 shall be resolved in accordance with Section 16 of this Act
26 or Section 16 of the Workers' Occupational Diseases Act.
27 Neither the provider nor an employer or insurance carrier may
28 seek payment from the employee if the employer is responsible
29 for payment under this subsection (a).
30 No action shall be commenced or maintained in a court of
31 this State by or on behalf of the above mentioned providers
32 of service nor shall such service providers pursue the
33 payment of a bill through the services of a collection agency
34 against an employee for the collection of charges incurred
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1 for the treatment of injuries covered under this Act.
2 (b) If the period of temporary total incapacity for work
3 lasts more than 3 working days, weekly compensation as
4 hereinafter provided shall be paid beginning on the 4th day
5 of such temporary total incapacity and continuing as long as
6 the total temporary incapacity lasts. In cases where the
7 temporary total incapacity for work continues for a period of
8 14 days or more from the day of the accident compensation
9 shall commence on the day after the accident.
10 1. The compensation rate for temporary total
11 incapacity under this paragraph (b) of this Section shall
12 be equal to 66 2/3% of the employee's average weekly wage
13 computed in accordance with Section 10, provided that it
14 shall be not less than the following amounts in the
15 following cases:
16 $100.90 in case of a single person;
17 $105.50 in case of a married person with no
18 children;
19 $108.30 in case of one child;
20 $113.40 in case of 2 children;
21 $117.40 in case of 3 children;
22 $124.30 in case of 4 or more children;
23 nor exceed the employee's average weekly wage computed in
24 accordance with the provisions of Section 10, whichever
25 is less.
26 2. The compensation rate in all cases other than
27 for temporary total disability under this paragraph (b),
28 and other than for serious and permanent disfigurement
29 under paragraph (c) and other than for permanent partial
30 disability under subparagraph (2) of paragraph (d) or
31 under paragraph (e), of this Section shall be equal to 66
32 2/3% of the employee's average weekly wage computed in
33 accordance with the provisions of Section 10, provided
34 that it shall be not less than the following amounts in
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1 the following cases:
2 $80.90 in case of a single person;
3 $83.20 in case of a married person with no
4 children;
5 $86.10 in case of one child;
6 $88.90 in case of 2 children;
7 $91.80 in case of 3 children;
8 $96.90 in case of 4 or more children;
9 nor exceed the employee's average weekly wage computed in
10 accordance with the provisions of Section 10, whichever
11 is less.
12 2.1. The compensation rate in all cases of serious
13 and permanent disfigurement under paragraph (c) and of
14 permanent partial disability under subparagraph (2) of
15 paragraph (d) or under paragraph (e) of this Section
16 shall be equal to 60% of the employee's average weekly
17 wage computed in accordance with the provisions of
18 Section 10, provided that it shall be not less than the
19 following amounts in the following cases:
20 $80.90 in case of a single person;
21 $83.20 in case of a married person with no
22 children;
23 $86.10 in case of one child;
24 $88.90 in case of 2 children;
25 $91.80 in case of 3 children;
26 $96.90 in case of 4 or more children;
27 nor exceed the employee's average weekly wage computed in
28 accordance with the provisions of Section 10, whichever
29 is less.
30 3. As used in this Section the term "child" means a
31 child of the employee including any child legally adopted
32 before the accident or whom at the time of the accident
33 the employee was under legal obligation to support or to
34 whom the employee stood in loco parentis, and who at the
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1 time of the accident was under 18 years of age and not
2 emancipated. The term "children" means the plural of
3 "child".
4 4. All weekly compensation rates provided under
5 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
6 Section shall be subject to the following limitations:
7 The maximum weekly compensation rate from July 1,
8 1975, except as hereinafter provided, shall be 100% of
9 the State's average weekly wage in covered industries
10 under the Unemployment Insurance Act, that being the wage
11 that most closely approximates the State's average weekly
12 wage.
13 The maximum weekly compensation rate, for the period
14 July 1, 1984, through June 30, 1987, except as
15 hereinafter provided, shall be $293.61. Effective July 1,
16 1987 and on July 1 of each year thereafter the maximum
17 weekly compensation rate, except as hereinafter provided,
18 shall be determined as follows: if during the preceding
19 12 month period there shall have been an increase in the
20 State's average weekly wage in covered industries under
21 the Unemployment Insurance Act, the weekly compensation
22 rate shall be proportionately increased by the same
23 percentage as the percentage of increase in the State's
24 average weekly wage in covered industries under the
25 Unemployment Insurance Act during such period.
26 The maximum weekly compensation rate, for the period
27 January 1, 1981 through December 31, 1983, except as
28 hereinafter provided, shall be 100% of the State's
29 average weekly wage in covered industries under the
30 Unemployment Insurance Act in effect on January 1, 1981.
31 Effective January 1, 1984 and on January 1, of each year
32 thereafter the maximum weekly compensation rate, except
33 as hereinafter provided, shall be determined as follows:
34 if during the preceding 12 month period there shall have
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1 been an increase in the State's average weekly wage in
2 covered industries under the Unemployment Insurance Act,
3 the weekly compensation rate shall be proportionately
4 increased by the same percentage as the percentage of
5 increase in the State's average weekly wage in covered
6 industries under the Unemployment Insurance Act during
7 such period.
8 From July 1, 1977 and thereafter such maximum weekly
9 compensation rate in death cases under Section 7, and
10 permanent total disability cases under paragraph (f) or
11 subparagraph 18 of paragraph (3) of this Section and for
12 temporary total disability under paragraph (b) of this
13 Section and for amputation of a member or enucleation of
14 an eye under paragraph (e) of this Section shall be
15 increased to 133-1/3% of the State's average weekly wage
16 in covered industries under the Unemployment Insurance
17 Act.
18 4.1. Any provision herein to the contrary
19 notwithstanding, the weekly compensation rate for
20 compensation payments under subparagraph 18 of paragraph
21 (e) of this Section and under paragraph (f) of this
22 Section and under paragraph (a) of Section 7, shall in no
23 event be less than 50% of the State's average weekly wage
24 in covered industries under the Unemployment Insurance
25 Act.
26 4.2. Any provision to the contrary notwithstanding,
27 the total compensation payable under Section 7 shall not
28 exceed the greater of $250,000 or 20 years.
29 5. For the purpose of this Section this State's
30 average weekly wage in covered industries under the
31 Unemployment Insurance Act on July 1, 1975 is hereby
32 fixed at $228.16 per week and the computation of
33 compensation rates shall be based on the aforesaid
34 average weekly wage until modified as hereinafter
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1 provided.
2 6. The Department of Employment Security of the
3 State shall on or before the first day of December, 1977,
4 and on or before the first day of June, 1978, and on the
5 first day of each December and June of each year
6 thereafter, publish the State's average weekly wage in
7 covered industries under the Unemployment Insurance Act
8 and the Industrial Commission shall on the 15th day of
9 January, 1978 and on the 15th day of July, 1978 and on
10 the 15th day of each January and July of each year
11 thereafter, post and publish the State's average weekly
12 wage in covered industries under the Unemployment
13 Insurance Act as last determined and published by the
14 Department of Employment Security. The amount when so
15 posted and published shall be conclusive and shall be
16 applicable as the basis of computation of compensation
17 rates until the next posting and publication as
18 aforesaid.
19 7. The payment of compensation by an employer or
20 his insurance carrier to an injured employee shall not
21 constitute an admission of the employer's liability to
22 pay compensation.
23 (c) For any serious and permanent disfigurement to the
24 hand, head, face, neck, arm, leg below the knee or the chest
25 above the axillary line, the employee is entitled to
26 compensation for such disfigurement, the amount determined by
27 agreement at any time or by arbitration under this Act, at a
28 hearing not less than 6 months after the date of the
29 accidental injury, which amount shall not exceed 150 weeks at
30 the applicable rate provided in subparagraph 2.1 of paragraph
31 (b) of this Section.
32 No compensation is payable under this paragraph where
33 compensation is payable under paragraphs (d), (e) or (f) of
34 this Section.
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1 A duly appointed member of a fire department in a city,
2 the population of which exceeds 200,000 according to the last
3 federal or State census, is eligible for compensation under
4 this paragraph only where such serious and permanent
5 disfigurement results from burns.
6 (d) 1. If, after the accidental injury has been
7 sustained, the employee as a result thereof becomes partially
8 incapacitated from pursuing his usual and customary line of
9 employment, he shall, except in cases compensated under the
10 specific schedule set forth in paragraph (e) of this Section,
11 receive compensation for the duration of his disability,
12 subject to the limitations as to maximum amounts fixed in
13 paragraph (b) of this Section, equal to 66-2/3% of the
14 difference between the average amount which he would be able
15 to earn in the full performance of his duties in the
16 occupation in which he was engaged at the time of the
17 accident and the average amount which he is earning or is
18 able to earn in some suitable employment or business after
19 the accident.
20 2. If, as a result of the accident, the employee
21 sustains serious and permanent injuries not covered by
22 paragraphs (c) and (e) of this Section or having sustained
23 injuries covered by the aforesaid paragraphs (c) and (e), he
24 shall have sustained in addition thereto other injuries which
25 injuries do not incapacitate him from pursuing the duties of
26 his employment but which would disable him from pursuing
27 other suitable occupations, or which have otherwise resulted
28 in physical impairment; or if such injuries partially
29 incapacitate him from pursuing the duties of his usual and
30 customary line of employment but do not result in an
31 impairment of earning capacity, or having resulted in an
32 impairment of earning capacity, the employee elects to waive
33 his right to recover under the foregoing subparagraph 1 of
34 paragraph (d) of this Section then in any of the foregoing
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1 events, he shall receive in addition to compensation for
2 temporary total disability under paragraph (b) of this
3 Section, compensation at the rate provided in subparagraph
4 2.1 of paragraph (b) of this Section for that percentage of
5 500 weeks that the partial disability resulting from the
6 injuries covered by this paragraph bears to total disability.
7 If the employee shall have sustained a fracture of one or
8 more vertebra or fracture of the skull, the amount of
9 compensation allowed under this Section shall be not less
10 than 6 weeks for a fractured skull and 6 weeks for each
11 fractured vertebra, and in the event the employee shall have
12 sustained a fracture of any of the following facial bones:
13 nasal, lachrymal, vomer, zygoma, maxilla, palatine or
14 mandible, the amount of compensation allowed under this
15 Section shall be not less than 2 weeks for each such
16 fractured bone, and for a fracture of each transverse process
17 not less than 3 weeks. In the event such injuries shall
18 result in the loss of a kidney, spleen or lung, the amount of
19 compensation allowed under this Section shall be not less
20 than 10 weeks for each such organ. Compensation awarded
21 under this subparagraph 2 shall not take into consideration
22 injuries covered under paragraphs (c) and (e) of this Section
23 and the compensation provided in this paragraph shall not
24 affect the employee's right to compensation payable under
25 paragraphs (b), (c) and (e) of this Section for the
26 disabilities therein covered.
27 (e) For accidental injuries in the following schedule,
28 the employee shall receive compensation for the period of
29 temporary total incapacity for work resulting from such
30 accidental injury, under subparagraph 1 of paragraph (b) of
31 this Section, and shall receive in addition thereto
32 compensation for a further period for the specific loss
33 herein mentioned, but shall not receive any compensation
34 under any other provisions of this Act. The following
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1 listed amounts apply to either the loss of or the permanent
2 and complete loss of use of the member specified, such
3 compensation for the length of time as follows:
4 1. Thumb-70 weeks.
5 2. First, or index finger-40 weeks.
6 3. Second, or middle finger-35 weeks.
7 4. Third, or ring finger-25 weeks.
8 5. Fourth, or little finger-20 weeks.
9 6. Great toe-35 weeks.
10 7. Each toe other than great toe-12 weeks.
11 8. The loss of the first or distal phalanx of the
12 thumb or of any finger or toe shall be considered to be
13 equal to the loss of one-half of such thumb, finger or
14 toe and the compensation payable shall be one-half of the
15 amount above specified. The loss of more than one
16 phalanx shall be considered as the loss of the entire
17 thumb, finger or toe. In no case shall the amount
18 received for more than one finger exceed the amount
19 provided in this schedule for the loss of a hand.
20 9. Hand-190 weeks. The loss of 2 or more digits,
21 or one or more phalanges of 2 or more digits, of a hand
22 may be compensated on the basis of partial loss of use of
23 a hand, provided, further, that the loss of 4 digits, or
24 the loss of use of 4 digits, in the same hand shall
25 constitute the complete loss of a hand.
26 10. Arm-235 weeks. Where an accidental injury
27 results in the amputation of an arm below the elbow, such
28 injury shall be compensated as a loss of an arm. Where
29 an accidental injury results in the amputation of an arm
30 above the elbow, compensation for an additional 15 weeks
31 shall be paid, except where the accidental injury results
32 in the amputation of an arm at the shoulder joint, or so
33 close to shoulder joint that an artificial arm cannot be
34 used, or results in the disarticulation of an arm at the
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1 shoulder joint, in which case compensation for an
2 additional 65 weeks shall be paid.
3 11. Foot-155 weeks.
4 12. Leg-200 weeks. Where an accidental injury
5 results in the amputation of a leg below the knee, such
6 injury shall be compensated as loss of a leg. Where an
7 accidental injury results in the amputation of a leg
8 above the knee, compensation for an additional 25 weeks
9 shall be paid, except where the accidental injury results
10 in the amputation of a leg at the hip joint, or so close
11 to the hip joint that an artificial leg cannot be used,
12 or results in the disarticulation of a leg at the hip
13 joint, in which case compensation for an additional 75
14 weeks shall be paid.
15 13. Eye-150 weeks. Where an accidental injury
16 results in the enucleation of an eye, compensation for an
17 additional 10 weeks shall be paid.
18 14. Loss of hearing of one ear-50 weeks; total and
19 permanent loss of hearing of both ears-200 weeks.
20 15. Testicle-50 weeks; both testicles-150 weeks.
21 16. For the permanent partial loss of use of a
22 member or sight of an eye, or hearing of an ear,
23 compensation during that proportion of the number of
24 weeks in the foregoing schedule provided for the loss of
25 such member or sight of an eye, or hearing of an ear,
26 which the partial loss of use thereof bears to the total
27 loss of use of such member, or sight of eye, or hearing
28 of an ear.
29 (a) Loss of hearing for compensation purposes
30 shall be confined to the frequencies of 1,000, 2,000
31 and 3,000 cycles per second. Loss of hearing ability
32 for frequency tones above 3,000 cycles per second
33 are not to be considered as constituting disability
34 for hearing.
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1 (b) The percent of hearing loss, for purposes
2 of the determination of compensation claims for
3 occupational deafness, shall be calculated as the
4 average in decibels for the thresholds of hearing
5 for the frequencies of 1,000, 2,000 and 3,000 cycles
6 per second. Pure tone air conduction audiometric
7 instruments, approved by nationally recognized
8 authorities in this field, shall be used for
9 measuring hearing loss. If the losses of hearing
10 average 30 decibels or less in the 3 frequencies,
11 such losses of hearing shall not then constitute any
12 compensable hearing disability. If the losses of
13 hearing average 85 decibels or more in the 3
14 frequencies, then the same shall constitute and be
15 total or 100% compensable hearing loss.
16 (c) In measuring hearing impairment, the
17 lowest measured losses in each of the 3 frequencies
18 shall be added together and divided by 3 to
19 determine the average decibel loss. For every
20 decibel of loss exceeding 30 decibels an allowance
21 of 1.82% shall be made up to the maximum of 100%
22 which is reached at 85 decibels.
23 (d) If a hearing loss is established to have
24 existed on July 1, 1975 by audiometric testing the
25 employer shall not be liable for the previous loss
26 so established nor shall he be liable for any loss
27 for which compensation has been paid or awarded.
28 (e) No consideration shall be given to the
29 question of whether or not the ability of an
30 employee to understand speech is improved by the use
31 of a hearing aid.
32 (f) No claim for loss of hearing due to
33 industrial noise shall be brought against an
34 employer or allowed unless the employee has been
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1 exposed for a period of time sufficient to cause
2 permanent impairment to noise levels in excess of
3 the following:
4 Sound Level DBA
5 Slow Response Hours Per Day
6 90 8
7 92 6
8 95 4
9 97 3
10 100 2
11 102 1-1/2
12 105 1
13 110 1/2
14 115 1/4
15 This subparagraph (f) shall not be applied in cases
16 of hearing loss resulting from trauma or explosion.
17 17. In computing the compensation to be paid to any
18 employee who, before the accident for which he claims
19 compensation, had before that time sustained an injury
20 resulting in the loss by amputation or partial loss by
21 amputation of any member, including hand, arm, thumb or
22 fingers, leg, foot or any toes, such loss or partial loss
23 of any such member shall be deducted from any award made
24 for the subsequent injury. For the permanent loss of use
25 or the permanent partial loss of use of any such member
26 or the partial loss of sight of an eye, for which
27 compensation has been paid, then such loss shall be taken
28 into consideration and deducted from any award for the
29 subsequent injury.
30 18. The specific case of loss of both hands, both
31 arms, or both feet, or both legs, or both eyes, or of any
32 two thereof, or the permanent and complete loss of the
33 use thereof, constitutes total and permanent disability,
34 to be compensated according to the compensation fixed by
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1 paragraph (f) of this Section. These specific cases of
2 total and permanent disability do not exclude other
3 cases.
4 Any employee who has previously suffered the loss or
5 permanent and complete loss of the use of any of such
6 members, and in a subsequent independent accident loses
7 another or suffers the permanent and complete loss of the
8 use of any one of such members the employer for whom the
9 injured employee is working at the time of the last
10 independent accident is liable to pay compensation only
11 for the loss or permanent and complete loss of the use of
12 the member occasioned by the last independent accident.
13 19. In a case of specific loss and the subsequent
14 death of such injured employee from other causes than
15 such injury leaving a widow, widower, or dependents
16 surviving before payment or payment in full for such
17 injury, then the amount due for such injury is payable to
18 the widow or widower and, if there be no widow or
19 widower, then to such dependents, in the proportion which
20 such dependency bears to total dependency.
21 Beginning July 1, 1980, and every 6 months thereafter,
22 the Commission shall examine the Second Injury Fund and when,
23 after deducting all advances or loans made to such Fund, the
24 amount therein is $500,000 then the amount required to be
25 paid by employers pursuant to paragraph (f) of Section 7
26 shall be reduced by one-half. When the Second Injury Fund
27 reaches the sum of $600,000 then the payments shall cease
28 entirely. However, when the Second Injury Fund has been
29 reduced to $400,000, payment of one-half of the amounts
30 required by paragraph (f) of Section 7 shall be resumed, in
31 the manner herein provided, and when the Second Injury Fund
32 has been reduced to $300,000, payment of the full amounts
33 required by paragraph (f) of Section 7 shall be resumed, in
34 the manner herein provided. The Commission shall make the
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1 changes in payment effective by general order, and the
2 changes in payment become immediately effective for all cases
3 coming before the Commission thereafter either by settlement
4 agreement or final order, irrespective of the date of the
5 accidental injury.
6 On August 1, 1996 and on February 1 and August 1 of each
7 subsequent year, the Commission shall examine the special
8 fund designated as the "Rate Adjustment Fund" and when, after
9 deducting all advances or loans made to said fund, the amount
10 therein is $4,000,000, the amount required to be paid by
11 employers pursuant to paragraph (f) of Section 7 shall be
12 reduced by one-half. When the Rate Adjustment Fund reaches
13 the sum of $5,000,000 the payment therein shall cease
14 entirely. However, when said Rate Adjustment Fund has been
15 reduced to $3,000,000 the amounts required by paragraph (f)
16 of Section 7 shall be resumed in the manner herein provided.
17 (f) In case of complete disability, which renders the
18 employee wholly and permanently incapable of work, or in the
19 specific case of total and permanent disability as provided
20 in subparagraph 18 of paragraph (e) of this Section,
21 compensation shall be payable at the rate provided in
22 subparagraph 2 of paragraph (b) of this Section for life.
23 An employee entitled to benefits under paragraph (f) of
24 this Section shall also be entitled to receive from the Rate
25 Adjustment Fund provided in paragraph (f) of Section 7 of the
26 supplementary benefits provided in paragraph (g) of this
27 Section 8.
28 If any employee who receives an award under this
29 paragraph afterwards returns to work or is able to do so, and
30 earns or is able to earn as much as before the accident,
31 payments under such award shall cease. If such employee
32 returns to work, or is able to do so, and earns or is able to
33 earn part but not as much as before the accident, such award
34 shall be modified so as to conform to an award under
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1 paragraph (d) of this Section. If such award is terminated
2 or reduced under the provisions of this paragraph, such
3 employees have the right at any time within 30 months after
4 the date of such termination or reduction to file petition
5 with the Commission for the purpose of determining whether
6 any disability exists as a result of the original accidental
7 injury and the extent thereof.
8 Disability as enumerated in subdivision 18, paragraph (e)
9 of this Section is considered complete disability.
10 If an employee who had previously incurred loss or the
11 permanent and complete loss of use of one member, through the
12 loss or the permanent and complete loss of the use of one
13 hand, one arm, one foot, one leg, or one eye, incurs
14 permanent and complete disability through the loss or the
15 permanent and complete loss of the use of another member, he
16 shall receive, in addition to the compensation payable by the
17 employer and after such payments have ceased, an amount from
18 the Second Injury Fund provided for in paragraph (f) of
19 Section 7, which, together with the compensation payable from
20 the employer in whose employ he was when the last accidental
21 injury was incurred, will equal the amount payable for
22 permanent and complete disability as provided in this
23 paragraph of this Section.
24 The custodian of the Second Injury Fund provided for in
25 paragraph (f) of Section 7 shall be joined with the employer
26 as a party respondent in the application for adjustment of
27 claim. The application for adjustment of claim shall state
28 briefly and in general terms the approximate time and place
29 and manner of the loss of the first member.
30 In its award the Commission or the Arbitrator shall
31 specifically find the amount the injured employee shall be
32 weekly paid, the number of weeks compensation which shall be
33 paid by the employer, the date upon which payments begin out
34 of the Second Injury Fund provided for in paragraph (f) of
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1 Section 7 of this Act, the length of time the weekly payments
2 continue, the date upon which the pension payments commence
3 and the monthly amount of the payments. The Commission shall
4 30 days after the date upon which payments out of the Second
5 Injury Fund have begun as provided in the award, and every
6 month thereafter, prepare and submit to the State Comptroller
7 a voucher for payment for all compensation accrued to that
8 date at the rate fixed by the Commission. The State
9 Comptroller shall draw a warrant to the injured employee
10 along with a receipt to be executed by the injured employee
11 and returned to the Commission. The endorsed warrant and
12 receipt is a full and complete acquittance to the Commission
13 for the payment out of the Second Injury Fund. No other
14 appropriation or warrant is necessary for payment out of the
15 Second Injury Fund. The Second Injury Fund is appropriated
16 for the purpose of making payments according to the terms of
17 the awards.
18 As of July 1, 1980 to July 1, 1982, all claims against
19 and obligations of the Second Injury Fund shall become claims
20 against and obligations of the Rate Adjustment Fund to the
21 extent there is insufficient money in the Second Injury Fund
22 to pay such claims and obligations. In that case, all
23 references to "Second Injury Fund" in this Section shall also
24 include the Rate Adjustment Fund.
25 (g) Every award for permanent total disability entered
26 by the Commission on and after July 1, 1965 under which
27 compensation payments shall become due and payable after the
28 effective date of this amendatory Act, and every award for
29 death benefits or permanent total disability entered by the
30 Commission on and after the effective date of this amendatory
31 Act shall be subject to annual adjustments as to the amount
32 of the compensation rate therein provided. Such adjustments
33 shall first be made on July 15, 1977, and all awards made and
34 entered prior to July 1, 1975 and on July 15 of each year
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1 thereafter. In all other cases such adjustment shall be made
2 on July 15 of the second year next following the date of the
3 entry of the award and shall further be made on July 15
4 annually thereafter. If during the intervening period from
5 the date of the entry of the award, or the last periodic
6 adjustment, there shall have been an increase in the State's
7 average weekly wage in covered industries under the
8 Unemployment Insurance Act, the weekly compensation rate
9 shall be proportionately increased by the same percentage as
10 the percentage of increase in the State's average weekly wage
11 in covered industries under the Unemployment Insurance Act.
12 The increase in the compensation rate under this paragraph
13 shall in no event bring the total compensation rate to an
14 amount greater than the prevailing maximum rate. Such
15 increase shall be paid in the same manner as herein provided
16 for payments under the Second Injury Fund to the injured
17 employee, or his dependents, as the case may be, out of the
18 Rate Adjustment Fund provided in paragraph (f) of Section 7
19 of this Act. Payments shall be made at the same intervals as
20 provided in the award or, at the option of the Commission,
21 may be made in quarterly payment on the 15th day of January,
22 April, July and October of each year. In the event of a
23 decrease in such average weekly wage there shall be no change
24 in the then existing compensation rate. The within paragraph
25 shall not apply to cases where there is disputed liability
26 and in which a compromise lump sum settlement between the
27 employer and the injured employee, or his dependents, as the
28 case may be, has been duly approved by the Industrial
29 Commission.
30 Provided, that in cases of awards entered by the
31 Commission for injuries occurring before July 1, 1975, the
32 increases in the compensation rate adjusted under the
33 foregoing provision of this paragraph (g) shall be limited to
34 increases in the State's average weekly wage in covered
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1 industries under the Unemployment Insurance Act occurring
2 after July 1, 1975.
3 (h) In case death occurs from any cause before the total
4 compensation to which the employee would have been entitled
5 has been paid, then in case the employee leaves any widow,
6 widower, child, parent (or any grandchild, grandparent or
7 other lineal heir or any collateral heir dependent at the
8 time of the accident upon the earnings of the employee to the
9 extent of 50% or more of total dependency) such compensation
10 shall be paid to the beneficiaries of the deceased employee
11 and distributed as provided in paragraph (g) of Section 7.
12 (h-1) In case an injured employee is under legal
13 disability at the time when any right or privilege accrues to
14 him or her under this Act, a guardian may be appointed
15 pursuant to law, and may, on behalf of such person under
16 legal disability, claim and exercise any such right or
17 privilege with the same effect as if the employee himself or
18 herself had claimed or exercised the right or privilege. No
19 limitations of time provided by this Act run so long as the
20 employee who is under legal disability is without a
21 conservator or guardian.
22 (i) In case the injured employee is under 16 years of
23 age at the time of the accident and is illegally employed,
24 the amount of compensation payable under paragraphs (b), (c),
25 (d), (e) and (f) of this Section is increased 50%.
26 However, where an employer has on file an employment
27 certificate issued pursuant to the Child Labor Law or work
28 permit issued pursuant to the Federal Fair Labor Standards
29 Act, as amended, or a birth certificate properly and duly
30 issued, such certificate, permit or birth certificate is
31 conclusive evidence as to the age of the injured minor
32 employee for the purposes of this Section.
33 Nothing herein contained repeals or amends the provisions
34 of the Child Labor Law relating to the employment of minors
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1 under the age of 16 years.
2 (j) 1. In the event the injured employee receives
3 benefits, including medical, surgical or hospital benefits
4 under any group plan covering non-occupational disabilities
5 contributed to wholly or partially by the employer, which
6 benefits should not have been payable if any rights of
7 recovery existed under this Act, then such amounts so paid to
8 the employee from any such group plan as shall be consistent
9 with, and limited to, the provisions of paragraph 2 hereof,
10 shall be credited to or against any compensation payment for
11 temporary total incapacity for work or any medical, surgical
12 or hospital benefits made or to be made under this Act. In
13 such event, the period of time for giving notice of
14 accidental injury and filing application for adjustment of
15 claim does not commence to run until the termination of such
16 payments. This paragraph does not apply to payments made
17 under any group plan which would have been payable
18 irrespective of an accidental injury under this Act. Any
19 employer receiving such credit shall keep such employee safe
20 and harmless from any and all claims or liabilities that may
21 be made against him by reason of having received such
22 payments only to the extent of such credit.
23 Any excess benefits paid to or on behalf of a State
24 employee by the State Employees' Retirement System under
25 Article 14 of the Illinois Pension Code on a death claim or
26 disputed disability claim shall be credited against any
27 payments made or to be made by the State of Illinois to or on
28 behalf of such employee under this Act, except for payments
29 for medical expenses which have already been incurred at the
30 time of the award. The State of Illinois shall directly
31 reimburse the State Employees' Retirement System to the
32 extent of such credit.
33 2. Nothing contained in this Act shall be construed to
34 give the employer or the insurance carrier the right to
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1 credit for any benefits or payments received by the employee
2 other than compensation payments provided by this Act, and
3 where the employee receives payments other than compensation
4 payments, whether as full or partial salary, group insurance
5 benefits, bonuses, annuities or any other payments, the
6 employer or insurance carrier shall receive credit for each
7 such payment only to the extent of the compensation that
8 would have been payable during the period covered by such
9 payment.
10 3. The extension of time for the filing of an
11 Application for Adjustment of Claim as provided in paragraph
12 1 above shall not apply to those cases where the time for
13 such filing had expired prior to the date on which payments
14 or benefits enumerated herein have been initiated or resumed.
15 Provided however that this paragraph 3 shall apply only to
16 cases wherein the payments or benefits hereinabove enumerated
17 shall be received after July 1, 1969.
18 (Source: P.A. 89-470, eff. 6-13-96.)