State of Illinois
92nd General Assembly

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 1        AN ACT concerning workers' compensation.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Workers' Compensation Act is  amended  by
 5    changing Section 19 as follows:

 6        (820 ILCS 305/19) (from Ch. 48, par. 138.19)
 7        Sec.  19.  Any disputed questions of law or fact shall be
 8    determined as herein provided.
 9        (a)  It  shall  be  the  duty  of  the  Commission   upon
10    notification  that  the  parties  have  failed  to  reach  an
11    agreement, to designate an Arbitrator.
12             1.   Whenever  any  claimant misconceives his remedy
13        and files an application for adjustment  of  claim  under
14        this  Act  and it is subsequently discovered, at any time
15        before final disposition of such cause,  that  the  claim
16        for  disability  or  death  which  was the basis for such
17        application should properly  have  been  made  under  the
18        Workers'  Occupational  Diseases Act, then the provisions
19        of  Section  19,  paragraph   (a-1)   of   the   Workers'
20        Occupational   Diseases  Act  having  reference  to  such
21        application shall apply.
22             2.  Whenever any claimant  misconceives  his  remedy
23        and  files  an  application for adjustment of claim under
24        the  Workers'  Occupational  Diseases  Act  and   it   is
25        subsequently   discovered,   at  any  time  before  final
26        disposition of such cause that the claim  for  injury  or
27        death  which  was  the  basis for such application should
28        properly  have  been  made  under  this  Act,  then   the
29        application  so  filed  under  the  Workers' Occupational
30        Diseases Act may be amended in form, substance or both to
31        assert claim for such disability or death under this  Act
                            -2-                LRB9204520WHcs
 1        and  it  shall be deemed to have been so filed as amended
 2        on the date of the  original  filing  thereof,  and  such
 3        compensation  may be awarded as is warranted by the whole
 4        evidence pursuant to this Act.  When  such  amendment  is
 5        submitted, further or additional evidence may be heard by
 6        the  Arbitrator  or  Commission  when  deemed  necessary.
 7        Nothing  in  this Section contained shall be construed to
 8        be or permit a waiver of any provisions of this Act  with
 9        reference  to  notice but notice if given shall be deemed
10        to be a notice under the provisions of this Act if  given
11        within the time required herein.
12        (b)  The   Arbitrator   shall  make  such  inquiries  and
13    investigations as he or they shall  deem  necessary  and  may
14    examine  and  inspect  all books, papers, records, places, or
15    premises relating to the questions in dispute and  hear  such
16    proper evidence as the parties may submit.
17        The  hearings  before the Arbitrator shall be held in the
18    vicinity where the injury occurred after 10 days'  notice  of
19    the  time  and place of such hearing shall have been given to
20    each of the parties or their attorneys of record.
21        The Arbitrator may find that the disabling  condition  is
22    temporary  and  has not yet reached a permanent condition and
23    may order the payment of compensation up to the date  of  the
24    hearing,  which  award shall be reviewable and enforceable in
25    the same manner as other awards, and in no instance be a  bar
26    to a further hearing and determination of a further amount of
27    temporary total compensation or of compensation for permanent
28    disability, but shall be conclusive as to all other questions
29    except the nature and extent of said disability.
30        The  decision  of  the Arbitrator shall be filed with the
31    Commission which Commission shall immediately  send  to  each
32    party  or his attorney a copy of such decision, together with
33    a notification of the time when  it  was  filed.    Beginning
34    January  1,  1981,  all decisions of the Arbitrator shall set
                            -3-                LRB9204520WHcs
 1    forth in writing findings of fact  and  conclusions  of  law,
 2    separately  stated.  Unless a petition for review is filed by
 3    either party within 30 days after the receipt by  such  party
 4    of  the  copy  of  the decision and notification of time when
 5    filed, and unless such party petitioning for a  review  shall
 6    within  35  days  after the receipt by him of the copy of the
 7    decision, file with the Commission either an agreed statement
 8    of  the  facts  appearing  upon  the   hearing   before   the
 9    Arbitrator,  or  if  such  party  shall  so  elect  a correct
10    transcript of evidence of the proceedings at  such  hearings,
11    then the decision shall become the decision of the Commission
12    and in the absence of fraud shall be conclusive. The Petition
13    for  Review  shall  contain  a  statement  of the petitioning
14    party's  specific  exceptions  to   the   decision   of   the
15    arbitrator.  The jurisdiction of the Commission to review the
16    decision  of  the  arbitrator  shall  not  be  limited to the
17    exceptions stated in the Petition for Review. The Commission,
18    or any member thereof, may grant further time  not  exceeding
19    30 days, in which to file such agreed statement or transcript
20    of  evidence.   Such  agreed  statement  of  facts or correct
21    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
26    by the Commission.
27        (b-1)  If the employee is not receiving medical, surgical
28    or  hospital services as provided in paragraph (a) of Section
29    8 or compensation as provided in paragraph (b) of Section  8,
30    the employee, in accordance with Commission Rules, may file a
31    petition  for  an  emergency  hearing by an Arbitrator on the
32    issue of whether or not he is entitled to receive payment  of
33    such  compensation  or  services  as  provided therein.  Such
34    petition shall have priority over  all  other  petitions  and
                            -4-                LRB9204520WHcs
 1    shall  be  heard  by  the  Arbitrator and Commission with all
 2    convenient speed.
 3        Such petition shall contain the following information and
 4    shall be served on the employer at least 15 days before it is
 5    filed:
 6             (i)  the date and approximate time of accident;
 7             (ii)  the approximate location of the accident;
 8             (iii)  a description of the accident;
 9             (iv)  the nature  of  the  injury  incurred  by  the
10        employee;
11             (v)  the  identity  of the person, if known, to whom
12        the accident was reported and the date on  which  it  was
13        reported;
14             (vi)  the  name  and  title of the person, if known,
15        representing  the  employer  with   whom   the   employee
16        conferred  in  any effort to obtain compensation pursuant
17        to paragraph (b) of Section 8 of  this  Act  or  medical,
18        surgical  or  hospital services pursuant to paragraph (a)
19        of Section 8 of this Act and the date of such conference;
20             (vii)  a statement that the employer has refused  to
21        pay  compensation  pursuant to paragraph (b) of Section 8
22        of this Act or for medical, surgical or hospital services
23        pursuant to paragraph (a) of Section 8 of this Act;
24             (viii)  the name and  address,  if  known,  of  each
25        witness  to  the  accident  and of each other person upon
26        whom the employee will rely to support his allegations;
27             (ix)  the dates of treatment related to the accident
28        by medical practitioners, and the names and addresses  of
29        such  practitioners,  including  the  dates  of treatment
30        related to the accident at any hospitals  and  the  names
31        and   addresses   of   such   hospitals,   and  a  signed
32        authorization permitting  the  employer  to  examine  all
33        medical  records of all practitioners and hospitals named
34        pursuant to this paragraph;
                            -5-                LRB9204520WHcs
 1             (x)  a  copy  of  a  signed  report  by  a   medical
 2        practitioner,   relating   to   the   employee's  current
 3        inability to return  to  work  because  of  the  injuries
 4        incurred  as  a  result  of  the  accident  or such other
 5        documents or affidavits which show that the  employee  is
 6        entitled  to  receive  compensation pursuant to paragraph
 7        (b) of Section 8 of this  Act  or  medical,  surgical  or
 8        hospital  services pursuant to paragraph (a) of Section 8
 9        of this Act.  Such reports, documents or affidavits shall
10        state, if possible, the history of the accident given  by
11        the   employee,  and  describe  the  injury  and  medical
12        diagnosis, the medical services for such injury which the
13        employee has received  and  is  receiving,  the  physical
14        activities which the employee cannot currently perform as
15        a  result  of  any  impairment  or disability due to such
16        injury, and the prognosis for recovery;
17             (xi)  complete  copies  of  any  reports,   records,
18        documents   and  affidavits  in  the  possession  of  the
19        employee on which the employee will rely to  support  his
20        allegations,  provided  that  the  employer shall pay the
21        reasonable cost of reproduction thereof;
22             (xii)  a list of any reports, records, documents and
23        affidavits which the employee has  demanded  by  subpoena
24        and   on   which  he  intends  to  rely  to  support  his
25        allegations;
26             (xiii)  a certification signed by  the  employee  or
27        his  representative  that  the  employer has received the
28        petition with the required  information  15  days  before
29        filing.
30        Fifteen  days  after  receipt  by  the  employer  of  the
31    petition  with the required information the employee may file
32    said petition and required information and shall serve notice
33    of the filing upon the employer.  The  employer  may  file  a
34    motion  addressed  to  the sufficiency of the petition. If an
                            -6-                LRB9204520WHcs
 1    objection has been filed to the sufficiency of the  petition,
 2    the  arbitrator  shall rule on the objection within 2 working
 3    days.  If such an objection is filed, the time for filing the
 4    final  decision  of  the  Commission  as  provided  in   this
 5    paragraph shall be tolled until the arbitrator has determined
 6    that the petition is sufficient.
 7        The  employer  shall, within 15 days after receipt of the
 8    notice that such petition is filed, file with the  Commission
 9    and  serve  on  the  employee or his representative a written
10    response to each claim set forth in the  petition,  including
11    the  legal and factual basis for each disputed allegation and
12    the  following  information:  (i)  complete  copies  of   any
13    reports,  records, documents and affidavits in the possession
14    of the employer on which the  employer  intends  to  rely  in
15    support of his response, (ii) a list of any reports, records,
16    documents  and  affidavits which the employer has demanded by
17    subpoena and on which the employer intends to rely in support
18    of his response, (iii) the name and address of  each  witness
19    on  whom  the employer will rely to support his response, and
20    (iv) the names and addresses  of  any  medical  practitioners
21    selected  by  the employer pursuant to Section 12 of this Act
22    and the time and place of any  examination  scheduled  to  be
23    made pursuant to such Section.
24        Any employer who does not timely file and serve a written
25    response without good cause may not introduce any evidence to
26    dispute  any  claim of the employee but may cross examine the
27    employee or any witness brought by the employee and otherwise
28    be heard.
29        No document or other evidence not  previously  identified
30    by  either party with the petition or written response, or by
31    any other means before the hearing, may  be  introduced  into
32    evidence  without  good  cause.  If, at the hearing, material
33    information is discovered which was not previously disclosed,
34    the Arbitrator may extend the time for closing proof  on  the
                            -7-                LRB9204520WHcs
 1    motion  of  a party for a reasonable period of time which may
 2    be more than 30 days. No evidence may be introduced  pursuant
 3    to  this  paragraph as to permanent disability.  No award may
 4    be  entered  for  permanent  disability  pursuant   to   this
 5    paragraph.   Either  party  may  introduce  into evidence the
 6    testimony taken by deposition of any medical practitioner.
 7        The  Commission  shall  adopt  rules,   regulations   and
 8    procedures  whereby  the  final decision of the Commission is
 9    filed not later than 90 days from the date the  petition  for
10    review  is filed but in no event later than 180 days from the
11    date the petition for an emergency hearing is filed with  the
12    Industrial Commission.
13        All  service  required  pursuant  to this paragraph (b-1)
14    must be by personal service or by  certified  mail  and  with
15    evidence  of  receipt.   In addition for the purposes of this
16    paragraph, all  service  on  the  employer  must  be  at  the
17    premises  where  the  accident  occurred  if the premises are
18    owned or operated by the employer.  Otherwise service must be
19    at the  employee's  principal  place  of  employment  by  the
20    employer.  If  service  on  the  employer  is not possible at
21    either of the above, then service shall be at the  employer's
22    principal  place  of  business. After initial service in each
23    case, service shall be made on  the  employer's  attorney  or
24    designated representative.
25        (c) (1)  At  a  reasonable  time  in  advance  of  and in
26    connection with the hearing under Section 19(e) or 19(h), the
27    Commission may on its own motion order an impartial  physical
28    or  mental  examination  of  a  petitioner  whose  mental  or
29    physical  condition  is  in  issue,  when in the Commission's
30    discretion  it  appears  that  such   an   examination   will
31    materially  aid  in  the  just determination of the case. The
32    examination shall be made by a member or members of  a  panel
33    of  physicians chosen for their special qualifications by the
34    Illinois  State  Medical  Society.   The   Commission   shall
                            -8-                LRB9204520WHcs
 1    establish  procedures  by which a physician shall be selected
 2    from such list.
 3        (2)  Should the Commission at any time during the hearing
 4    find that compelling considerations make it advisable to have
 5    an examination and report at that time, the commission may in
 6    its discretion so order.
 7        (3)  A copy of the report of examination shall  be  given
 8    to the Commission and to the attorneys for the parties.
 9        (4)  Either   party   or  the  Commission  may  call  the
10    examining physician or physicians to testify.  Any  physician
11    so called shall be subject to cross-examination.
12        (5)  The  examination shall be made, and the physician or
13    physicians, if called, shall testify,  without  cost  to  the
14    parties.  The Commission shall determine the compensation and
15    the pay of the physician or physicians. The compensation  for
16    this  service shall not exceed the usual and customary amount
17    for such service.
18        (6)  The fees and payment thereof of  all  attorneys  and
19    physicians  for  services  authorized by the Commission under
20    this Act shall, upon request of either the  employer  or  the
21    employee  or  the  beneficiary  affected,  be  subject to the
22    review and decision of the Commission.
23        (d)  If any  employee  shall  persist  in  insanitary  or
24    injurious  practices  which  tend to either imperil or retard
25    his recovery or shall  refuse  to  submit  to  such  medical,
26    surgical, or hospital treatment as is reasonably essential to
27    promote  his recovery, the Commission may, in its discretion,
28    reduce or  suspend  the  compensation  of  any  such  injured
29    employee.  However, when an employer and employee so agree in
30    writing,  the  foregoing  provision shall not be construed to
31    authorize the reduction or suspension of compensation  of  an
32    employee who is relying in good faith, on treatment by prayer
33    or  spiritual  means alone, in accordance with the tenets and
34    practice of a recognized church or religious denomination, by
                            -9-                LRB9204520WHcs
 1    a duly accredited practitioner thereof.
 2        (e)  This paragraph shall apply to  all  hearings  before
 3    the  Commission.   Such hearings may be held in its office or
 4    elsewhere as the Commission may deem advisable.   The  taking
 5    of testimony on such hearings may be had before any member of
 6    the Commission. If a petition for review and agreed statement
 7    of  facts  or  transcript  of  evidence is filed, as provided
 8    herein, the Commission shall promptly review the decision  of
 9    the  Arbitrator and all questions of law or fact which appear
10    from the statement of facts or transcript of evidence.
11        In all cases in which the hearing before  the  arbitrator
12    is held after December 18, 1989, no additional evidence shall
13    be  introduced by the parties before the Commission on review
14    of the decision of the Arbitrator.  In reviewing decisions of
15    an arbitrator  the  Commission  shall  award  such  temporary
16    compensation,  permanent  compensation  and other payments as
17    are due under this Act.  The Commission  shall  file  in  its
18    office  its  decision  thereon, and shall immediately send to
19    each party or his attorney a copy  of  such  decision  and  a
20    notification  of  the time when it was filed. Decisions shall
21    be filed within 60 days after the Statement of Exceptions and
22    Supporting Brief and Response  thereto  are  required  to  be
23    filed or oral argument whichever is later.
24        In  the  event  either party requests oral argument, such
25    argument shall be had before a panel  of  3  members  of  the
26    Commission  (or  before all available members pursuant to the
27    determination of  5  members  of  the  Commission  that  such
28    argument   be  held  before  all  available  members  of  the
29    Commission) pursuant to the  rules  and  regulations  of  the
30    Commission.   A  panel of 3 members, which shall be comprised
31    of not more than one representative citizen of the  employing
32    class  and  not  more  than one representative citizen of the
33    employee class, shall hear the argument; provided that if all
34    the issues in dispute are solely the nature and extent of the
                            -10-               LRB9204520WHcs
 1    permanent partial disability, if any, a majority of the panel
 2    may deny the request for  such  argument  and  such  argument
 3    shall not be held; and provided further that 5 members of the
 4    Commission may determine that the argument be held before all
 5    available  members  of  the  Commission.   A  decision of the
 6    Commission shall be approved by a majority  of  Commissioners
 7    present  at such hearing if any; provided, if no such hearing
 8    is held, a decision of the Commission shall be approved by  a
 9    majority  of  a  panel  of  3  members  of  the Commission as
10    described in this Section.   The  Commission  shall  give  10
11    days'  notice  to  the parties or their attorneys of the time
12    and place of such taking of testimony and of such argument.
13        In any case the  Commission  in  its  decision  may  find
14    specially upon any question or questions of law or fact which
15    shall  be  submitted  in  writing  by  either  party  whether
16    ultimate  or  otherwise;  provided  that on issues other than
17    nature and extent of the disability, if any,  the  Commission
18    in  its  decision  shall  find specially upon any question or
19    questions of law or  fact,  whether  ultimate  or  otherwise,
20    which  are  submitted  in  writing  by either party; provided
21    further that not more than 5 such questions may be  submitted
22    by either party.  Any party may, within 20 days after receipt
23    of  notice  of  the  Commission's  decision,  or  within such
24    further time, not exceeding 30 days, as  the  Commission  may
25    grant, file with the Commission either an agreed statement of
26    the facts appearing upon the hearing, or, if such party shall
27    so  elect, a correct transcript of evidence of the additional
28    proceedings presented before the Commission, in which  report
29    the  party  may  embody  a  correct  statement  of such other
30    proceedings in the case as such  party  may  desire  to  have
31    reviewed,  such  statement of facts or transcript of evidence
32    to be authenticated by the signature of the parties or  their
33    attorneys,  and in the event that they do not agree, then the
34    authentication of such transcript of evidence shall be by the
                            -11-               LRB9204520WHcs
 1    signature of any member of the Commission.
 2        If  a  reporter  does  not  for  any  reason  furnish   a
 3    transcript  of  the  proceedings before the Arbitrator in any
 4    case for use on a hearing for review before  the  Commission,
 5    within  the limitations of time as fixed in this Section, the
 6    Commission may, in its discretion,  order  a  trial  de  novo
 7    before the Commission in such case upon application of either
 8    party.   The  applications  for adjustment of claim and other
 9    documents in the nature of pleadings filed by  either  party,
10    together  with  the  decisions  of  the Arbitrator and of the
11    Commission and  the  statement  of  facts  or  transcript  of
12    evidence  hereinbefore provided for in paragraphs (b) and (c)
13    shall be the record of the proceedings of the Commission, and
14    shall be subject to review as hereinafter provided.
15        At the request of either party or on its own motion,  the
16    Commission  shall  set  forth  in writing the reasons for the
17    decision, including findings of fact and conclusions  of  law
18    separately  stated.  The  Commission  shall  by  rule adopt a
19    format  for  written  decisions  for   the   Commission   and
20    arbitrators. The written decisions shall be concise and shall
21    succinctly  state the facts and reasons for the decision. The
22    Commission may adopt in whole or in part, the decision of the
23    arbitrator as  the  decision  of  the  Commission.  When  the
24    Commission  does  so adopt the decision of the arbitrator, it
25    shall do so by order. Whenever the Commission adopts part  of
26    the  arbitrator's  decision, but not all, it shall include in
27    the  order  the  reasons  for  not  adopting   all   of   the
28    arbitrator's  decision.  When  a  majority  of a panel, after
29    deliberation, has arrived at its decision, the decision shall
30    be filed as provided  in  this  Section  without  unnecessary
31    delay,  and  without  regard to the fact that a member of the
32    panel has expressed an intention to dissent.  Any  member  of
33    the  panel may file a dissent.  Any dissent shall be filed no
34    later than 10 days after the decision  of  the  majority  has
                            -12-               LRB9204520WHcs
 1    been filed.
 2        Decisions  rendered  by  the  Commission and dissents, if
 3    any, shall be  published  together  by  the  Commission.  The
 4    conclusions  of  law  set  out  in  such  decisions  shall be
 5    regarded as precedents by  arbitrators  for  the  purpose  of
 6    achieving a more uniform administration of this Act.
 7        (f)  The  decision  of  the  Commission acting within its
 8    powers, according to the provisions of paragraph (e) of  this
 9    Section  shall, in the absence of fraud, be conclusive unless
10    reviewed as in this paragraph hereinafter provided.  However,
11    the Arbitrator or the  Commission  may  on  his  or  its  own
12    motion,  or  on  the  motion  of  either  party,  correct any
13    clerical error or errors in computation within 15 days  after
14    the  date  of  receipt of any award by such Arbitrator or any
15    decision on review of the Commission and shall have the power
16    to recall the original award on arbitration  or  decision  on
17    review,  and  issue  in  lieu thereof such corrected award or
18    decision.  Where such correction is made the time for  review
19    herein  specified  shall  begin  to  run from the date of the
20    receipt of the corrected award or decision.
21             (1)  Except in cases of claims against the State  of
22        Illinois,  in  which  case the decision of the Commission
23        shall not be subject  to  judicial  review,  the  Circuit
24        Court  of  the  county where any of the parties defendant
25        may be found, or if none of the parties defendant can  be
26        found  in this State then the Circuit Court of the county
27        where the accident occurred,  shall  by  summons  to  the
28        Commission  have power to review all questions of law and
29        fact presented by such record.
30             A proceeding for review shall be commenced within 35
31        20 days of the receipt of notice of the decision  of  the
32        Commission.   The summons shall be issued by the clerk of
33        such  court  upon  written  request   returnable   on   a
34        designated  return  day, not less than 10 or more than 60
                            -13-               LRB9204520WHcs
 1        days from the date of issuance thereof, and  the  written
 2        request  shall  contain  the  last known address of other
 3        parties in interest and their attorneys of record who are
 4        to be served by summons. Service upon any member  of  the
 5        Commission  or  the  Secretary or the Assistant Secretary
 6        thereof shall be service upon the Commission, and service
 7        upon other parties in interest  and  their  attorneys  of
 8        record  shall  be  by  summons, and such service shall be
 9        made upon the Commission and other parties in interest by
10        mailing notices of the commencement  of  the  proceedings
11        and  the  return  day of the summons to the office of the
12        Commission and to the last known place  of  residence  of
13        other  parties in interest or their attorney or attorneys
14        of record.  The clerk of the court  issuing  the  summons
15        shall on the day of issue mail notice of the commencement
16        of  the proceedings which shall be done by mailing a copy
17        of the summons to the office of  the  Commission,  and  a
18        copy  of  the summons to the other parties in interest or
19        their attorney or attorneys of record and  the  clerk  of
20        the court shall make certificate that he has so sent said
21        notices  in  pursuance  of  this  Section, which shall be
22        evidence of service on the Commission and  other  parties
23        in interest.
24             The  Commission shall not be required to certify the
25        record of their proceedings to the Circuit Court,  unless
26        the  party  commencing  the proceedings for review in the
27        Circuit  Court  as  above  provided,  shall  pay  to  the
28        Commission the sum of 80¢ per  page  of  testimony  taken
29        before  the  Commission,  and  35¢  per page of all other
30        matters contained in such  record,  except  as  otherwise
31        provided   by  Section  20  of  this  Act.   Payment  for
32        photostatic copies of exhibit shall be extra.   It  shall
33        be  the  duty  of  the  Commission  upon such payment, or
34        failure to pay as permitted under Section 20 of this Act,
                            -14-               LRB9204520WHcs
 1        to prepare a true and correct typewritten  copy  of  such
 2        testimony  and  a  true  and  correct  copy  of all other
 3        matters contained in such record and certified to by  the
 4        Secretary or Assistant Secretary thereof.
 5             In  its  decision  on  review  the  Commission shall
 6        determine in each  particular  case  the  amount  of  the
 7        probable  cost of the record to be filed as a part of the
 8        summons in that case and no request for a summons may  be
 9        filed and no summons shall issue unless the party seeking
10        to review the decision of the Commission shall exhibit to
11        the clerk of the Circuit Court proof of payment by filing
12        a receipt showing payment or an affidavit of the attorney
13        setting  forth  that payment has been made of the sums so
14        determined to the Secretary or Assistant Secretary of the
15        Commission, except as otherwise provided by Section 20 of
16        this Act.
17             (2)  No such summons  shall  issue  unless  the  one
18        against  whom the Commission shall have rendered an award
19        for the payment of money shall upon  the  filing  of  his
20        written  request  for such summons file with the clerk of
21        the court  a  bond  conditioned  that  if  he  shall  not
22        successfully  prosecute the review, he will pay the award
23        and the costs of  the  proceedings  in  the  courts.  The
24        amount  of  the  bond shall be fixed by any member of the
25        Commission and the surety or sureties of the  bond  shall
26        be approved by the clerk of the court.  The acceptance of
27        the  bond  by  the  clerk  of  the court shall constitute
28        evidence of his approval of the bond.
29             Every county,  city,  town,  township,  incorporated
30        village,  school  district,  body  politic  or  municipal
31        corporation   against  whom  the  Commission  shall  have
32        rendered an award for the payment of money shall  not  be
33        required  to  file  a  bond  to secure the payment of the
34        award and the costs of the proceedings in  the  court  to
                            -15-               LRB9204520WHcs
 1        authorize the court to issue such summons.
 2             The  court  may confirm or set aside the decision of
 3        the Commission. If the decision  is  set  aside  and  the
 4        facts  found in the proceedings before the Commission are
 5        sufficient, the court  may  enter  such  decision  as  is
 6        justified  by  law,  or  may  remand  the  cause  to  the
 7        Commission  for  further  proceedings  and  may state the
 8        questions requiring further hearing, and give such  other
 9        instructions as may be proper.  Appeals shall be taken to
10        the Industrial Commission Division of the Appellate Court
11        in  accordance  with  Supreme  Court Rules 22(g) and 303.
12        Appeals shall be taken  from  the  Industrial  Commission
13        Division  of  the Appellate Court to the Supreme Court in
14        accordance with Supreme Court Rule 315.
15             It shall be the duty  of  the  clerk  of  any  court
16        rendering  a  decision affecting or affirming an award of
17        the Commission to promptly furnish the Commission with  a
18        copy of such decision, without charge.
19             The  decision  of  a  majority of the members of the
20        panel of the Commission, shall be considered the decision
21        of the Commission.
22        (g)  Except in the case of a claim against the  State  of
23    Illinois,  either  party  may present a certified copy of the
24    award of the Arbitrator, or a certified copy of the  decision
25    of  the  Commission  when  the same has become final, when no
26    proceedings for review are pending, providing for the payment
27    of compensation according to this Act, to the  Circuit  Court
28    of  the  county  in which such accident occurred or either of
29    the parties are residents, whereupon the court shall enter  a
30    judgment  in  accordance  therewith.   In  a  case  where the
31    employer refuses to pay compensation according to such  final
32    award  or  such  final  decision  upon which such judgment is
33    entered the court shall in entering judgment thereon, tax  as
34    costs  against  him the reasonable costs and attorney fees in
                            -16-               LRB9204520WHcs
 1    the arbitration proceedings and in  the  court  entering  the
 2    judgment  for  the  person  in  whose  favor  the judgment is
 3    entered, which judgment and costs taxed as  therein  provided
 4    shall,  until  and  unless set aside, have the same effect as
 5    though duly entered in an action duly tried and determined by
 6    the court,  and  shall  with  like  effect,  be  entered  and
 7    docketed.   The  Circuit  Court  shall have power at any time
 8    upon application to make any such  judgment  conform  to  any
 9    modification  required  by  any  subsequent  decision  of the
10    Supreme Court upon appeal, or as the result of any subsequent
11    proceedings for review, as provided in this Act.
12        Judgment shall not be entered until 15  days'  notice  of
13    the  time  and  place  of  the  application  for the entry of
14    judgment shall be served upon the  employer  by  filing  such
15    notice  with  the Commission, which Commission shall, in case
16    it has on file the address of the employer or  the  name  and
17    address  of  its  agent  upon  whom  notices  may  be served,
18    immediately send a copy of the notice to the employer or such
19    designated agent.
20        (h)  An agreement or award under this Act  providing  for
21    compensation  in  installments,  may  at  any  time within 18
22    months after such agreement  or  award  be  reviewed  by  the
23    Commission  at  the  request  of  either  the employer or the
24    employee, on the ground that the disability of  the  employee
25    has subsequently recurred, increased, diminished or ended.
26        However,  as to accidents occurring subsequent to July 1,
27    1955, which are covered by any agreement or award under  this
28    Act  providing  for  compensation  in  installments made as a
29    result of such accident, such agreement or award may  at  any
30    time  within  30  months  after  such  agreement  or award be
31    reviewed by the Commission  at  the  request  of  either  the
32    employer or the employee on the ground that the disability of
33    the employee has subsequently recurred, increased, diminished
34    or ended.
                            -17-               LRB9204520WHcs
 1        On    such   review,   compensation   payments   may   be
 2    re-established,  increased,   diminished   or   ended.    The
 3    Commission  shall  give 15 days' notice to the parties of the
 4    hearing for review.  Any employee, upon any petition for such
 5    review being filed by the employer, shall be entitled to  one
 6    day's  notice  for each 100 miles necessary to be traveled by
 7    him in attending the  hearing  of  the  Commission  upon  the
 8    petition,  and  3  days  in  addition thereto.  Such employee
 9    shall, at the discretion of the Commission, also be  entitled
10    to  5  cents  per mile necessarily traveled by him within the
11    State of Illinois in attending such hearing, not to exceed  a
12    distance of 300 miles, to be taxed by the Commission as costs
13    and deposited with the petition of the employer.
14        When  compensation which is payable in accordance with an
15    award or settlement contract approved by the  Commission,  is
16    ordered paid in a lump sum by the Commission, no review shall
17    be had as in this paragraph mentioned.
18        (i)  Each  party,  upon  taking  any proceedings or steps
19    whatsoever before any Arbitrator, Commission or court,  shall
20    file with the Commission his address, or the name and address
21    of  any agent upon whom all notices to be given to such party
22    shall be served, either personally  or  by  registered  mail,
23    addressed to such party or agent at the last address so filed
24    with  the  Commission.  In the event such party has not filed
25    his address, or the name and address of  an  agent  as  above
26    provided,  service  of  any  notice may be had by filing such
27    notice with the Commission.
28        (j)  Whenever in any proceeding testimony has been  taken
29    or a final decision has been rendered and after the taking of
30    such  testimony  or after such decision has become final, the
31    injured employee dies, then  in  any  subsequent  proceedings
32    brought  by  the  personal representative or beneficiaries of
33    the  deceased  employee,  such  testimony   in   the   former
34    proceeding  may  be introduced with the same force and effect
                            -18-               LRB9204520WHcs
 1    as though the witness having so  testified  were  present  in
 2    person   in   such  subsequent  proceedings  and  such  final
 3    decision, if any, shall be taken as final adjudication of any
 4    of the issues which are the same in both proceedings.
 5        (k)  In case where there has  been  any  unreasonable  or
 6    vexatious  delay  of  payment  or intentional underpayment of
 7    compensation, or proceedings have been instituted or  carried
 8    on  by  the  one liable to pay the compensation, which do not
 9    present a real controversy, but are merely frivolous  or  for
10    delay,  then the Commission may award compensation additional
11    to that otherwise payable under this Act equal to 50% of  the
12    amount  payable  at  the  time of such award.  Failure to pay
13    compensation in accordance with the provisions of Section  8,
14    paragraph  (b)  of this Act, shall be considered unreasonable
15    delay.
16        (l)  In case the employer or his insurance carrier  shall
17    without   good  and  just  cause  fail,  neglect,  refuse  or
18    unreasonably  delay  the  payment  of   weekly   compensation
19    benefits  due  to  an  injured  employee during the period of
20    temporary total disability the arbitrator or  the  Commission
21    shall  allow  to  the employee additional compensation in the
22    sum of $10 per day for each day that  a  weekly  compensation
23    payment  has  been so withheld or refused, provided that such
24    additional compensation shall not exceed the sum  of  $2,500.
25    A  delay  in  payment  of  14  days  or  more  shall create a
26    rebuttable presumption of unreasonable delay.
27        (m)  If the commission finds that  an  accidental  injury
28    was  directly and proximately caused by the employer's wilful
29    violation of a health and safety standard  under  the  Health
30    and  Safety  Act  in  force  at the time of the accident, the
31    arbitrator or the  Commission  shall  allow  to  the  injured
32    employee  or  his  dependents, as the case may be, additional
33    compensation equal to 25% of the amount which otherwise would
34    be payable under the provisions of this Act exclusive of this
                            -19-               LRB9204520WHcs
 1    paragraph.  The additional compensation herein provided shall
 2    be allowed by  an  appropriate  increase  in  the  applicable
 3    weekly compensation rate.
 4        (n)  After  June  30,  1984,  decisions of the Industrial
 5    Commission  reviewing  an  award  of  an  arbitrator  of  the
 6    Commission shall draw interest at a rate equal to  the  yield
 7    on indebtedness issued by the United States Government with a
 8    26-week  maturity  next  previously  auctioned  on the day on
 9    which the decision is filed.  Said rate of interest shall  be
10    set  forth  in  the Arbitrator's Decision.  Interest shall be
11    drawn from the date of the arbitrator's award on all  accrued
12    compensation  due  the  employee through the day prior to the
13    date of payments.  However, when an employee appeals an award
14    of an Arbitrator or the Commission, and the appeal results in
15    no change or a decrease in  the  award,  interest  shall  not
16    further accrue from the date of such appeal.
17        The  employer  or  his  insurance  carrier may tender the
18    payments due under the award to stop the further  accrual  of
19    interest  on  such  award  notwithstanding the prosecution by
20    either party of review, certiorari,  appeal  to  the  Supreme
21    Court or other steps to reverse, vacate or modify the award.
22        (o)  By the 15th day of each month each insurer providing
23    coverage  for losses under this Act shall notify each insured
24    employer  of  any  compensable  claim  incurred  during   the
25    preceding month and the amounts paid or reserved on the claim
26    including a summary of the claim and a brief statement of the
27    reasons  for  compensability.   A  cumulative  report  of all
28    claims incurred during a calendar year or continued from  the
29    previous  year  shall be furnished to the insured employer by
30    the insurer within 30 days after the  end  of  that  calendar
31    year.
32        The  insured employer may challenge, in proceeding before
33    the  Commission,  payments  made  by  the   insurer   without
34    arbitration  and  payments made after a case is determined to
                            -20-               LRB9204520WHcs
 1    be noncompensable.  If the Commission finds that the case was
 2    not compensable, the insurer shall purge its  records  as  to
 3    that  employer  of  any  loss  or expense associated with the
 4    claim, reimburse the employer  for  attorneys'  fees  arising
 5    from  the  challenge  and  for  any  payment  required of the
 6    employer to the Rate Adjustment Fund  or  the  Second  Injury
 7    Fund, and may not reflect the loss or expense for rate making
 8    purposes.   The  employee shall not be required to refund the
 9    challenged payment.  The decision of the  Commission  may  be
10    reviewed  in  the  same  manner  as  in arbitrated cases.  No
11    challenge may be initiated under this paragraph more  than  3
12    years  after  the payment is made.  An employer may waive the
13    right of challenge under this paragraph on  a  case  by  case
14    basis.
15        (p)  After  filing an application for adjustment of claim
16    but prior to the  hearing  on  arbitration  the  parties  may
17    voluntarily  agree  to submit such application for adjustment
18    of claim for decision by an arbitrator under this  subsection
19    (p)  where  such  application  for adjustment of claim raises
20    only a dispute over  temporary  total  disability,  permanent
21    partial disability or medical expenses.  Such agreement shall
22    be  in  writing  in  such form as provided by the Commission.
23    Applications for adjustment of claim submitted  for  decision
24    by  an  arbitrator  under  this  subsection (p) shall proceed
25    according to rule as  established  by  the  Commission.   The
26    Commission  shall promulgate rules including, but not limited
27    to, rules to ensure that the parties are adequately  informed
28    of  their  rights  under  this  subsection  (p)  and  of  the
29    voluntary  nature  of  proceedings under this subsection (p).
30    The findings of fact made by an arbitrator acting within  his
31    or  her  powers  under  this subsection (p) in the absence of
32    fraud shall be conclusive.  However, the  arbitrator  may  on
33    his  own  motion,  or the motion of either party, correct any
34    clerical errors or errors in computation within 15 days after
                            -21-               LRB9204520WHcs
 1    the date of receipt of such award of the arbitrator and shall
 2    have the power to recall the original award  on  arbitration,
 3    and  issue in lieu thereof such corrected award. The decision
 4    of  the  arbitrator  under  this  subsection  (p)  shall   be
 5    considered the decision of the Commission and proceedings for
 6    review  of  questions of law arising from the decision may be
 7    commenced by either  party  pursuant  to  subsection  (f)  of
 8    Section  19.   The  Advisory  Board established under Section
 9    13.1  shall  compile   a   list   of   certified   Commission
10    arbitrators,  each  of  whom  shall be approved by at least 7
11    members of the Advisory Board.  The chairman shall  select  5
12    persons  from  such  list  to serve as arbitrators under this
13    subsection (p).  By agreement, the parties shall  select  one
14    arbitrator  from among the 5 persons selected by the chairman
15    except that if the parties do not agree on an arbitrator from
16    among the 5 persons, the parties may, by agreement, select an
17    arbitrator of the American Arbitration Association, whose fee
18    shall  be  paid  by  the  State  in  accordance  with   rules
19    promulgated   by  the  Commission.   Arbitration  under  this
20    subsection (p) shall be voluntary.
21    (Source: P.A. 86-998; 87-435; 87-799.)

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