Sen. Kwame Raoul
Filed: 5/17/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 198 




2    AMENDMENT NO. ______. Amend Senate Bill 198, AS AMENDED, 
3with reference to page and line numbers of Senate Amendment No. 
41 as follows:


 
5by replacing line 8 on page 48 through line 20 on page 49 with 
6the following:
 
7    "(820 ILCS 305/8.1b)
8    Sec. 8.1b. Determination of permanent partial disability.  
9For accidental injuries that occur on or after September 1, 
102011, permanent partial disability shall be established using 
11the following criteria: 
12    (a) A physician licensed to practice medicine in all of its 
13branches preparing a permanent partial disability impairment 
14report shall report the level of impairment in writing.  The 
15report shall include an evaluation of medically defined and 
16professionally appropriate measurements of impairment that 
 
 
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1include, but are not limited to:  loss of range of motion; loss 
2of strength; measured atrophy of tissue mass consistent with 
3the injury; and any other measurements that establish the 
4nature and extent of the impairment.  The most current edition 
5of the American Medical Association's "Guides to the Evaluation 
6of Permanent Impairment" shall be used by the physician in 
7determining the level of impairment. 
8    (b) In determining the level of permanent partial 
9disability, the Commission shall base its determination on the 
10following factors:  (i) the reported level of impairment 
11pursuant to subsection (a); (ii) the occupation of the injured 
12employee; (iii) the age of the employee at the time of the 
13injury; (iv) the employee's future earning capacity; and (v) 
14evidence of disability corroborated by the treating medical 
15records.  No single enumerated factor shall be the sole 
16determinant of disability.  In determining the level of 
17disability, the relevance and weight of any factors used in 
18addition to the level of impairment as reported by the 
19physician must be explained in a written order. 

20    (c) A report of impairment prepared pursuant to subsection 
21(a), if none is offered, is not required for an arbitrator or 
22the Commission to make an award for permanent partial 
23disability or permanent total disability benefits or any award 
24for benefits under subsection (c) of Section 8 or subsection 
25(d) of Section 8 of this Act or to approve a Settlement 
26Contract Lump Sum Petition.
 
 
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1(Source: P.A. 97-18, eff. 6-28-11.)".