Sen. Terry Link
Filed: 1/10/2005
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1 | AMENDMENT TO HOUSE BILL 805
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2 | AMENDMENT NO. ______. Amend House Bill 805, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Workers' Compensation Act is amended by | ||||||
6 | changing
Sections 4, 8, 10, and 19 and by adding Sections 8.1, | ||||||
7 | 8.2, and 8.3 as follows:
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8 | (820 ILCS 305/4) (from Ch. 48, par. 138.4)
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9 | Sec. 4. (a) Any employer, including but not limited to | ||||||
10 | general contractors
and their subcontractors, who shall come | ||||||
11 | within the provisions of
Section 3 of this Act, and any other | ||||||
12 | employer who shall elect to provide
and pay the compensation | ||||||
13 | provided for in this Act shall:
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14 | (1) File with the Commission annually an application | ||||||
15 | for approval as a
self-insurer which shall include a | ||||||
16 | current financial statement, and
annually, thereafter, an | ||||||
17 | application for renewal of self-insurance, which
shall | ||||||
18 | include a current financial statement. Said
application | ||||||
19 | and financial statement shall be signed and sworn to by the
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20 | president or vice president and secretary or assistant | ||||||
21 | secretary of the
employer if it be a corporation, or by all | ||||||
22 | of the partners, if it be a
copartnership, or by the owner | ||||||
23 | if it be neither a copartnership nor a
corporation. All | ||||||
24 | initial applications and all applications for renewal of
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1 | self-insurance must be submitted at least 60 days prior to | ||||||
2 | the requested
effective date of self-insurance. An | ||||||
3 | employer may elect to provide and pay
compensation as | ||||||
4 | provided
for in this Act as a member of a group workers' | ||||||
5 | compensation pool under Article
V 3/4 of the Illinois | ||||||
6 | Insurance Code. If an employer becomes a member of a
group | ||||||
7 | workers' compensation pool, the employer shall not be | ||||||
8 | relieved of any
obligations imposed by this Act.
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9 | If the sworn application and financial statement of any | ||||||
10 | such employer
does not satisfy the Commission of the | ||||||
11 | financial ability of the employer
who has filed it, the | ||||||
12 | Commission shall require such employer to,
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13 | (2) Furnish security, indemnity or a bond guaranteeing | ||||||
14 | the payment
by the employer of the compensation provided | ||||||
15 | for in this Act, provided
that any such employer whose | ||||||
16 | application and financial statement shall
not have | ||||||
17 | satisfied the commission of his or her financial ability | ||||||
18 | and
who shall have secured his liability in part by excess | ||||||
19 | liability insurance
shall be required to furnish to the | ||||||
20 | Commission security, indemnity or bond
guaranteeing his or | ||||||
21 | her payment up to the effective limits of the excess
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22 | coverage, or
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23 | (3) Insure his entire liability to pay such | ||||||
24 | compensation in some
insurance carrier authorized, | ||||||
25 | licensed, or permitted to do such
insurance business in | ||||||
26 | this State. Every policy of an insurance carrier,
insuring | ||||||
27 | the payment of compensation under this Act shall cover all | ||||||
28 | the
employees and the entire compensation liability of the | ||||||
29 | insured:
Provided, however, that any employer may insure | ||||||
30 | his or her compensation
liability with 2 or more insurance | ||||||
31 | carriers or may insure a part and
qualify under subsection | ||||||
32 | 1, 2, or 4 for the remainder of his or her
liability to pay | ||||||
33 | such compensation, subject to the following two | ||||||
34 | provisions:
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1 | Firstly, the entire compensation liability of the | ||||||
2 | employer to
employees working at or from one location | ||||||
3 | shall be insured in one such
insurance carrier or shall | ||||||
4 | be self-insured, and
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5 | Secondly, the employer shall submit evidence | ||||||
6 | satisfactorily to the
Commission that his or her entire | ||||||
7 | liability for the compensation provided
for in this Act | ||||||
8 | will be secured. Any provisions in any policy, or in | ||||||
9 | any
endorsement attached thereto, attempting to limit | ||||||
10 | or modify in any way,
the liability of the insurance | ||||||
11 | carriers issuing the same except as
otherwise provided | ||||||
12 | herein shall be wholly void.
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13 | Nothing herein contained shall apply to policies of | ||||||
14 | excess liability
carriage secured by employers who have | ||||||
15 | been approved by the Commission
as self-insurers, or
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16 | (4) Make some other provision, satisfactory to the | ||||||
17 | Commission, for
the securing of the payment of compensation | ||||||
18 | provided for in this Act,
and
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19 | (5) Upon becoming subject to this Act and thereafter as | ||||||
20 | often as the
Commission may in writing demand, file with | ||||||
21 | the Commission in form prescribed
by it evidence of his or | ||||||
22 | her compliance with the provision of this Section.
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23 | (a-1) Regardless of its state of domicile or its principal | ||||||
24 | place of
business, an employer shall make payments to its | ||||||
25 | insurance carrier or group
self-insurance fund, where | ||||||
26 | applicable, based upon the premium rates of the
situs where the | ||||||
27 | work or project is located in Illinois if:
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28 | (A) the employer is engaged primarily in the building | ||||||
29 | and
construction industry; and
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30 | (B) subdivision (a)(3) of this Section applies to the | ||||||
31 | employer or
the employer is a member of a group | ||||||
32 | self-insurance plan as defined in
subsection (1) of Section | ||||||
33 | 4a.
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34 | The Illinois Workers' Compensation Commission shall impose |
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1 | a penalty upon an employer
for violation of this subsection | ||||||
2 | (a-1) if:
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3 | (i) the employer is given an opportunity at a hearing | ||||||
4 | to present
evidence of its compliance with this subsection | ||||||
5 | (a-1); and
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6 | (ii) after the hearing, the Commission finds that the | ||||||
7 | employer
failed to make payments upon the premium rates of | ||||||
8 | the situs where the work or
project is located in Illinois.
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9 | The penalty shall not exceed $1,000 for each day of work | ||||||
10 | for which
the employer failed to make payments upon the premium | ||||||
11 | rates of the situs where
the
work or project is located in | ||||||
12 | Illinois, but the total penalty shall not exceed
$50,000 for | ||||||
13 | each project or each contract under which the work was
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14 | performed.
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15 | Any penalty under this subsection (a-1) must be imposed not | ||||||
16 | later
than one year after the expiration of the applicable | ||||||
17 | limitation period
specified in subsection (d) of Section 6 of | ||||||
18 | this Act. Penalties imposed under
this subsection (a-1) shall | ||||||
19 | be deposited into the Illinois Workers' Compensation | ||||||
20 | Commission
Operations Fund, a special fund that is created in | ||||||
21 | the State treasury. Subject
to appropriation, moneys in the | ||||||
22 | Fund shall be used solely for the operations
of the Illinois | ||||||
23 | Workers' Compensation Commission.
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24 | (b) The sworn application and financial statement, or | ||||||
25 | security,
indemnity or bond, or amount of insurance, or other | ||||||
26 | provisions, filed,
furnished, carried, or made by the employer, | ||||||
27 | as the case may be, shall
be subject to the approval of the | ||||||
28 | Commission.
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29 | Deposits under escrow agreements shall be cash, negotiable | ||||||
30 | United
States government bonds or negotiable general | ||||||
31 | obligation bonds of the
State of Illinois. Such cash or bonds | ||||||
32 | shall be deposited in
escrow with any State or National Bank or | ||||||
33 | Trust Company having trust
authority in the State of Illinois.
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34 | Upon the approval of the sworn application and financial |
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1 | statement,
security, indemnity or bond or amount of insurance, | ||||||
2 | filed, furnished or
carried, as the case may be, the Commission | ||||||
3 | shall send to the employer
written notice of its approval | ||||||
4 | thereof. The certificate of compliance
by the employer with the | ||||||
5 | provisions of subparagraphs (2) and (3) of
paragraph (a) of | ||||||
6 | this Section shall be delivered by the insurance
carrier to the | ||||||
7 | Illinois Workers' Compensation Commission within five days | ||||||
8 | after the
effective date of the policy so certified. The | ||||||
9 | insurance so certified
shall cover all compensation liability | ||||||
10 | occurring during the time that
the insurance is in effect and | ||||||
11 | no further certificate need be filed in case
such insurance is | ||||||
12 | renewed, extended or otherwise continued by such
carrier. The | ||||||
13 | insurance so certified shall not be cancelled or in the
event | ||||||
14 | that such insurance is not renewed, extended or otherwise
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15 | continued, such insurance shall not be terminated until at | ||||||
16 | least 10
days after receipt by the Illinois Workers' | ||||||
17 | Compensation Commission of notice of the
cancellation or | ||||||
18 | termination of said insurance; provided, however, that
if the | ||||||
19 | employer has secured insurance from another insurance carrier, | ||||||
20 | or
has otherwise secured the payment of compensation in | ||||||
21 | accordance with
this Section, and such insurance or other | ||||||
22 | security becomes effective
prior to the expiration of the 10 | ||||||
23 | days, cancellation or termination may, at
the option of the | ||||||
24 | insurance carrier indicated in such notice, be effective
as of | ||||||
25 | the effective date of such other insurance or security.
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26 | (c) Whenever the Commission shall find that any | ||||||
27 | corporation,
company, association, aggregation of individuals, | ||||||
28 | reciprocal or
interinsurers exchange, or other insurer | ||||||
29 | effecting workers' compensation
insurance in this State shall | ||||||
30 | be insolvent, financially unsound, or
unable to fully meet all | ||||||
31 | payments and liabilities assumed or to be
assumed for | ||||||
32 | compensation insurance in this State, or shall practice a
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33 | policy of delay or unfairness toward employees in the | ||||||
34 | adjustment,
settlement, or payment of benefits due such |
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1 | employees, the Commission
may after reasonable notice and | ||||||
2 | hearing order and direct that such
corporation, company, | ||||||
3 | association, aggregation of individuals,
reciprocal or | ||||||
4 | interinsurers exchange, or insurer, shall from and after a
date | ||||||
5 | fixed in such order discontinue the writing of any such | ||||||
6 | workers'
compensation insurance in this State. Subject to such | ||||||
7 | modification of
the order as the Commission may later make on | ||||||
8 | review of the order,
as herein provided, it shall thereupon be | ||||||
9 | unlawful for any such
corporation, company, association, | ||||||
10 | aggregation of individuals,
reciprocal or interinsurers | ||||||
11 | exchange, or insurer to effect any workers'
compensation | ||||||
12 | insurance in this State. A copy of the order shall be served
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13 | upon the Director of Insurance by registered mail. Whenever the | ||||||
14 | Commission
finds that any service or adjustment company used or | ||||||
15 | employed
by a self-insured employer or by an insurance carrier | ||||||
16 | to process,
adjust, investigate, compromise or otherwise | ||||||
17 | handle claims under this
Act, has practiced or is practicing a | ||||||
18 | policy of delay or unfairness
toward employees in the | ||||||
19 | adjustment, settlement or payment of benefits
due such | ||||||
20 | employees, the Commission may after reasonable notice and
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21 | hearing order and direct that such service or adjustment | ||||||
22 | company shall
from and after a date fixed in such order be | ||||||
23 | prohibited from processing,
adjusting, investigating, | ||||||
24 | compromising or otherwise handling claims
under this Act.
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25 | Whenever the Commission finds that any self-insured | ||||||
26 | employer has
practiced or is practicing delay or unfairness | ||||||
27 | toward employees in the
adjustment, settlement or payment of | ||||||
28 | benefits due such employees, the
Commission may, after | ||||||
29 | reasonable notice and hearing, order and direct
that after a | ||||||
30 | date fixed in the order such self-insured employer shall be
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31 | disqualified to operate as a self-insurer and shall be required | ||||||
32 | to
insure his entire liability to pay compensation in some | ||||||
33 | insurance
carrier authorized, licensed and permitted to do such | ||||||
34 | insurance business
in this State, as provided in subparagraph 3 |
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1 | of paragraph (a) of this
Section.
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2 | All orders made by the Commission under this Section shall | ||||||
3 | be subject
to review by the courts, said review to be taken in | ||||||
4 | the same manner and
within the same time as provided by Section | ||||||
5 | 19 of this Act for review of
awards and decisions of the | ||||||
6 | Commission, upon the party seeking the
review filing with the | ||||||
7 | clerk of the court to which said review is taken
a bond in an | ||||||
8 | amount to be fixed and approved by the court to which the
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9 | review is taken, conditioned upon the payment of all | ||||||
10 | compensation awarded
against the person taking said review | ||||||
11 | pending a decision thereof and
further conditioned upon such | ||||||
12 | other obligations as the court may impose.
Upon the review the | ||||||
13 | Circuit Court shall have power to review all questions
of fact | ||||||
14 | as well as of law. The penalty hereinafter provided for in this
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15 | paragraph shall not attach and shall not begin to run until the | ||||||
16 | final
determination of the order of the Commission.
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17 | (d) Whenever the Commission determines an employer has | ||||||
18 | failed to provide coverage as required by paragraph (a) of this | ||||||
19 | Section, the failure shall be deemed an immediate serious | ||||||
20 | danger to public health, safety, and welfare sufficient to | ||||||
21 | justify service by the Commission of a work-stop order on such | ||||||
22 | employer, requiring the cessation of all business operations of | ||||||
23 | such employer at the place of employment or job site. Any law | ||||||
24 | enforcement agency in the State shall, at the request of the | ||||||
25 | Commission, render any assistance necessary to carry out the | ||||||
26 | provisions of this Section, including, but not limited to, | ||||||
27 | preventing any employee of such employer from remaining at a | ||||||
28 | place of employment or job site after a work-stop order has | ||||||
29 | taken effect. | ||||||
30 | Any individual employer, corporate officer or director of a | ||||||
31 | corporate employer, partner of an employer partnership, or | ||||||
32 | member of an employer limited liability company who knowingly | ||||||
33 | fails to provide coverage as required by paragraph (a) of this | ||||||
34 | Section is guilty of a Class 4 felony. Each day's violation |
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1 | constitutes a separate offense. The State's Attorney of the | ||||||
2 | county in which the violation occurred, or the Attorney | ||||||
3 | General, shall bring such actions in the name of the People of | ||||||
4 | the State of Illinois, or may, in addition to other remedies | ||||||
5 | provided in this Section, bring an action for an injunction to | ||||||
6 | restrain the violation or to enjoin the operation of any such | ||||||
7 | employer. | ||||||
8 | Any individual employer, corporate officer or director of a | ||||||
9 | corporate employer, partner of an employer partnership, or | ||||||
10 | member of an employer limited liability company who negligently | ||||||
11 | fails to provide coverage as required by paragraph (a) of this | ||||||
12 | Section is guilty of a Class A misdemeanor. Each day's | ||||||
13 | violation constitutes a separate offense. The State's Attorney | ||||||
14 | of the county in which the violation occurred, or the Attorney | ||||||
15 | General, shall bring such actions in the name of the people of | ||||||
16 | the State of Illinois, or may, in addition to other remedies | ||||||
17 | provided in this Section, bring an action for an injunction to | ||||||
18 | restrain such violation or to enjoin the operation of any such | ||||||
19 | employer. | ||||||
20 | Employers who are subject to and who fail to comply with | ||||||
21 | this Section shall not be entitled to the benefits of this Act | ||||||
22 | during the period of noncompliance, but shall be liable in an | ||||||
23 | action under any other applicable law of this State. In the | ||||||
24 | action, such employer shall not avail himself or herself of the | ||||||
25 | defenses of assumption of risk or negligence or that the injury | ||||||
26 | was due to a co-employee. In the action, proof of the injury | ||||||
27 | shall constitute prima facie evidence of negligence on the part | ||||||
28 | of such employer and the burden shall be on such employer to | ||||||
29 | show freedom of negligence resulting in the injury. The | ||||||
30 | employer shall not join any other defendant in any such civil | ||||||
31 | action. Nothing in this amendatory Act of the 93rd General | ||||||
32 | Assembly
shall affect the employee's rights under subdivision | ||||||
33 | (a)3 of Section 1 of this Act. | ||||||
34 | An employee of an uninsured employer, or the employee's |
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1 | dependents in case death ensued, may, instead of proceeding | ||||||
2 | against the employer in a civil action in court, file an | ||||||
3 | application for adjustment of claim with the Commission in | ||||||
4 | accordance with the provisions of this Act and the Commission | ||||||
5 | shall hear and determine the application for adjustment of | ||||||
6 | claim in the manner in which other claims are heard and | ||||||
7 | determined before the Commission. | ||||||
8 | Upon a finding by the Commission, after reasonable notice | ||||||
9 | and
hearing, of the knowing and wilful failure or refusal of an | ||||||
10 | employer to
comply with
any of the provisions of paragraph (a) | ||||||
11 | of this Section or the failure or
refusal of an employer, | ||||||
12 | service or adjustment company, or an insurance
carrier to | ||||||
13 | comply with any order of the Illinois Workers'
Compensation | ||||||
14 | Commission pursuant to
paragraph (c) of this Section | ||||||
15 | disqualifying him or her to operate as a self
insurer and | ||||||
16 | requiring him or her to insure his or her liability, the
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17 | Commission may assess a civil penalty of up to $500 per day for | ||||||
18 | each day of
such failure or refusal after the effective date of | ||||||
19 | this amendatory Act of
1989. The minimum penalty under this | ||||||
20 | Section shall be the sum of $10,000.
Each day of such failure | ||||||
21 | or refusal shall constitute a separate offense.
The Commission | ||||||
22 | may assess the civil penalty personally and individually
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23 | against the corporate officers and directors of a corporate | ||||||
24 | employer, the
partners of an employer partnership, and the | ||||||
25 | members of an employer limited
liability company, after a | ||||||
26 | finding of a knowing and willful refusal or failure
of each | ||||||
27 | such named corporate officer, director, partner, or member to | ||||||
28 | comply
with this Section. The liability for the assessed | ||||||
29 | penalty shall be
against the named employer first, and
if the | ||||||
30 | named employer fails or refuses to pay the penalty to the
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31 | Commission within 30 days after the final order of the | ||||||
32 | Commission, then the
named
corporate officers, directors, | ||||||
33 | partners, or members who have been found to have
knowingly and | ||||||
34 | willfully refused or failed to comply with this Section shall |
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1 | be
liable for the unpaid penalty or any unpaid portion of the | ||||||
2 | penalty. All
penalties collected under
this Section shall be | ||||||
3 | deposited in the Illinois Workers'
Compensation Commission | ||||||
4 | Operations Fund.
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5 | Upon the failure or refusal of any employer, service or | ||||||
6 | adjustment
company or insurance carrier to comply with the | ||||||
7 | provisions of this Section
and with the orders of the | ||||||
8 | Commission under this Section, or the order of
the court on | ||||||
9 | review after final adjudication, the Commission may bring a
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10 | civil action to recover the amount of the penalty in Cook | ||||||
11 | County or in
Sangamon County in which litigation the Commission | ||||||
12 | shall be represented by
the Attorney General. The Commission | ||||||
13 | shall send notice of its finding of
non-compliance and | ||||||
14 | assessment of the civil penalty to the Attorney General.
It | ||||||
15 | shall be the duty of the Attorney General within 30 days after | ||||||
16 | receipt
of the notice, to institute prosecutions and promptly | ||||||
17 | prosecute all
reported violations of this Section.
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18 | Any individual employer, corporate officer or director of a | ||||||
19 | corporate employer, partner of an employer partnership, or | ||||||
20 | member of an employer limited liability company who, with the | ||||||
21 | intent to avoid payment of compensation under this Act to an | ||||||
22 | injured employee or the employee's dependents, knowingly | ||||||
23 | transfers, sells, encumbers, assigns, or in any manner disposes | ||||||
24 | of, conceals, secretes, or destroys any property belonging to | ||||||
25 | the employer, officer, director, partner, or member, is guilty | ||||||
26 | of a Class 4 felony.
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27 | Penalties collected pursuant to this paragraph (d) shall be | ||||||
28 | deposited upon receipt by the Commission into a special fund | ||||||
29 | which shall be designated the Injured Workers Benefit Fund, of | ||||||
30 | which the State Treasurer is ex-officio custodian, such special | ||||||
31 | fund to be held and disbursed in accordance with this paragraph | ||||||
32 | (d) for the purposes hereinafter stated in this paragraph (d), | ||||||
33 | upon the final order of the Commission. The Injured Workers | ||||||
34 | Benefit Fund shall be deposited the same as are State funds and |
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1 | any interest accruing thereon shall be added thereto every 6 | ||||||
2 | months. The Injured Workers Benefit Fund is subject to audit | ||||||
3 | the same as State funds and accounts and is protected by the | ||||||
4 | general bond given by the State Treasurer. The Injured Workers | ||||||
5 | Benefit Fund is considered always appropriated for the purposes | ||||||
6 | of disbursements as provided in this paragraph, and shall be | ||||||
7 | paid out and disbursed as herein provided and shall not at any | ||||||
8 | time be appropriated or diverted to any other use or purpose. | ||||||
9 | Moneys in the Injured Workers Benefit Fund shall be used only | ||||||
10 | for payment of workers' compensation benefits for injured | ||||||
11 | employees when the employer has failed to provide coverage as | ||||||
12 | determined under this paragraph (d) and has failed to pay the | ||||||
13 | benefits due to the injured employee under this paragraph (d). | ||||||
14 | The Commission shall have the right to obtain reimbursement | ||||||
15 | from the employer for compensation obligations paid by the | ||||||
16 | Injured Workers Benefit Fund. Any such amounts obtained shall | ||||||
17 | be deposited by the Commission into the Injured Workers Benefit | ||||||
18 | Fund.
If an injured employee or his or her personal | ||||||
19 | representative receives payment from the Injured Workers | ||||||
20 | Benefit Fund, the State of Illinois has the same rights under | ||||||
21 | paragraph (b) of Section 5 that the employer who failed to pay | ||||||
22 | the benefits due to the injured employee under this paragraph | ||||||
23 | (d) would have had if the employer had paid those benefits, and | ||||||
24 | any moneys recovered by the State as a result of the State's | ||||||
25 | exercise of its rights under paragraph (b) of Section 5 shall | ||||||
26 | be deposited into the Injured Workers Benefit Fund. The | ||||||
27 | custodian of the Injured Workers Benefit Fund shall be joined | ||||||
28 | with the employer as a party respondent in the application for | ||||||
29 | adjustment of claim. Payment from the Injured Workers Benefit | ||||||
30 | Fund to an eligible claimant at the end of the fiscal year that | ||||||
31 | the award became final shall discharge the obligations of the | ||||||
32 | Injured Workers Benefit Fund regarding the award entered by the | ||||||
33 | Commission.
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34 | The Commission shall hold all final awards determined in a |
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1 | fiscal year to be made from the Fund in that fiscal year until | ||||||
2 | the end of the fiscal year, at which time the Commission shall | ||||||
3 | make disbursements on a pro-rata share basis only to the extent | ||||||
4 | of the available moneys in the Fund for that fiscal year.
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5 | (e) This Act shall not affect or disturb the continuance of | ||||||
6 | any
existing insurance, mutual aid, benefit, or relief | ||||||
7 | association or
department, whether maintained in whole or in | ||||||
8 | part by the employer or
whether maintained by the employees, | ||||||
9 | the payment of benefits of such
association or department being | ||||||
10 | guaranteed by the employer or by some
person, firm or | ||||||
11 | corporation for him or her: Provided, the employer contributes
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12 | to such association or department an amount not less than the | ||||||
13 | full
compensation herein provided, exclusive of the cost of the | ||||||
14 | maintenance
of such association or department and without any | ||||||
15 | expense to the
employee. This Act shall not prevent the | ||||||
16 | organization and maintaining
under the insurance laws of this | ||||||
17 | State of any benefit or insurance
company for the purpose of | ||||||
18 | insuring against the compensation provided
for in this Act, the | ||||||
19 | expense of which is maintained by the employer.
This Act shall | ||||||
20 | not prevent the organization or maintaining under the
insurance | ||||||
21 | laws of this State of any voluntary mutual aid, benefit or
| ||||||
22 | relief association among employees for the payment of | ||||||
23 | additional
accident or sick benefits.
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24 | (f) No existing insurance, mutual aid, benefit or relief | ||||||
25 | association
or department shall, by reason of anything herein | ||||||
26 | contained, be
authorized to discontinue its operation without | ||||||
27 | first discharging its
obligations to any and all persons | ||||||
28 | carrying insurance in the same or
entitled to relief or | ||||||
29 | benefits therein.
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30 | (g) Any contract, oral, written or implied, of employment | ||||||
31 | providing
for relief benefit, or insurance or any other device | ||||||
32 | whereby the
employee is required to pay any premium or premiums | ||||||
33 | for insurance
against the compensation provided for in this Act | ||||||
34 | shall be null and
void. Any employer withholding from the wages |
| |||||||
| |||||||
1 | of any employee any
amount for the purpose of paying any such | ||||||
2 | premium shall be guilty of a
Class B misdemeanor.
| ||||||
3 | In the event the employer does not pay the compensation for | ||||||
4 | which he or
she is liable, then an insurance company, | ||||||
5 | association or insurer which may
have insured such employer | ||||||
6 | against such liability shall become primarily
liable to pay to | ||||||
7 | the employee, his or her personal representative or
beneficiary | ||||||
8 | the compensation required by the provisions of this Act to
be | ||||||
9 | paid by such employer. The insurance carrier may be made a | ||||||
10 | party to
the proceedings in which the employer is a party and | ||||||
11 | an award may be
entered jointly against the employer and the | ||||||
12 | insurance carrier.
| ||||||
13 | (h) It shall be unlawful for any employer, insurance | ||||||
14 | company or
service or adjustment company to interfere with, | ||||||
15 | restrain or coerce an
employee in any manner whatsoever in the | ||||||
16 | exercise of the rights or
remedies granted to him or her by | ||||||
17 | this Act or to discriminate, attempt to
discriminate, or | ||||||
18 | threaten to discriminate against an employee in any way
because | ||||||
19 | of his or her exercise of the rights or remedies granted to
him | ||||||
20 | or her by this Act.
| ||||||
21 | It shall be unlawful for any employer, individually or | ||||||
22 | through any
insurance company or service or adjustment company, | ||||||
23 | to discharge or to
threaten to discharge, or to refuse to | ||||||
24 | rehire or recall to active
service in a suitable capacity an | ||||||
25 | employee because of the exercise of
his or her rights or | ||||||
26 | remedies granted to him or her by this Act.
| ||||||
27 | (i) If an employer elects to obtain a life insurance policy | ||||||
28 | on his
employees, he may also elect to apply such benefits in | ||||||
29 | satisfaction of all
or a portion of the death benefits payable | ||||||
30 | under this Act, in which case,
the employer's compensation | ||||||
31 | premium shall be reduced accordingly.
| ||||||
32 | (j) Within 45 days of receipt of an initial application or | ||||||
33 | application
to renew self-insurance privileges the | ||||||
34 | Self-Insurers Advisory Board shall
review and submit for |
| |||||||
| |||||||
1 | approval by the Chairman of the Commission
recommendations of | ||||||
2 | disposition of all initial applications to self-insure
and all | ||||||
3 | applications to renew self-insurance privileges filed by | ||||||
4 | private
self-insurers pursuant to the provisions of this | ||||||
5 | Section and Section 4a-9
of this Act. Each private self-insurer | ||||||
6 | shall submit with its initial and
renewal applications the | ||||||
7 | application fee required by Section 4a-4 of this Act.
| ||||||
8 | The Chairman of the Commission shall promptly act upon all | ||||||
9 | initial
applications and applications for renewal in full | ||||||
10 | accordance with the
recommendations of the Board or, should the | ||||||
11 | Chairman disagree with any
recommendation of disposition of the | ||||||
12 | Self-Insurer's Advisory Board, he
shall within 30 days of | ||||||
13 | receipt of such recommendation provide to the Board
in writing | ||||||
14 | the reasons supporting his decision. The Chairman shall also
| ||||||
15 | promptly notify the employer of his decision within 15 days of | ||||||
16 | receipt of
the recommendation of the Board.
| ||||||
17 | If an employer is denied a renewal of self-insurance | ||||||
18 | privileges pursuant
to application it shall retain said | ||||||
19 | privilege for 120 days after receipt of
a notice of | ||||||
20 | cancellation of the privilege from the Chairman of the | ||||||
21 | Commission.
| ||||||
22 | All orders made by the Chairman under this Section shall be | ||||||
23 | subject to
review by the courts, such review to be taken in the | ||||||
24 | same manner and within
the same time as provided by subsection | ||||||
25 | (f) of Section 19 of this Act for
review of awards and | ||||||
26 | decisions of the Commission, upon the party seeking
the review | ||||||
27 | filing with the clerk of the court to which such review is | ||||||
28 | taken
a bond in an amount to be fixed and approved by the court | ||||||
29 | to which the
review is taken, conditioned upon the payment of | ||||||
30 | all compensation awarded
against the person taking such review | ||||||
31 | pending a decision thereof and
further conditioned upon such | ||||||
32 | other obligations as the court may impose.
Upon the review the | ||||||
33 | Circuit Court shall have power to review all questions
of fact | ||||||
34 | as well as of law.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-324, eff. 8-9-01; 93-721, eff. 1-1-05.)
| ||||||
2 | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
| ||||||
3 | Sec. 8. The amount of compensation which shall be paid to | ||||||
4 | the
employee for an accidental injury not resulting in death | ||||||
5 | is:
| ||||||
6 | (a) The employer shall provide and pay the lesser of the | ||||||
7 | health care provider's actual charges or according to a fee | ||||||
8 | schedule, subject to Section 8.2, for all the necessary first
| ||||||
9 | aid, medical and surgical services, and all necessary medical, | ||||||
10 | surgical
and hospital services thereafter incurred, limited, | ||||||
11 | however, to that
which is reasonably required to cure or | ||||||
12 | relieve from the effects of the
accidental injury. If the | ||||||
13 | employer does not dispute payment of first aid, medical, | ||||||
14 | surgical,
and hospital services, the employer shall make such | ||||||
15 | payment to the provider on behalf of the employee. The employer | ||||||
16 | shall also pay for treatment,
instruction and training | ||||||
17 | necessary for the physical, mental and
vocational | ||||||
18 | rehabilitation of the employee, including all maintenance
| ||||||
19 | costs and expenses incidental thereto. If as a result of the | ||||||
20 | injury the
employee is unable to be self-sufficient the | ||||||
21 | employer shall further pay
for such maintenance or | ||||||
22 | 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 Illinois Workers' Compensation
Commission, the | ||||||
29 | employer shall maintain a list of physicians, to be
known as a | ||||||
30 | Panel of Physicians, who are accessible to the employees.
The | ||||||
31 | employer shall post this list in a place or places easily | ||||||
32 | accessible
to his employees. The employee shall have the right | ||||||
33 | to make an
alternative choice of physician from such Panel if |
| |||||||
| |||||||
1 | he is not satisfied
with the physician first selected. If, due | ||||||
2 | to the nature of the injury
or its occurrence away from the | ||||||
3 | employer's place of business, the
employee is unable to make a | ||||||
4 | selection from the Panel, the selection
process from the Panel | ||||||
5 | shall not apply. The physician selected from the
Panel may | ||||||
6 | arrange for any consultation, referral or other specialized
| ||||||
7 | medical services outside the Panel at the employer's expense. | ||||||
8 | Provided
that, in the event the Commission shall find that a | ||||||
9 | doctor selected by
the employee is rendering improper or | ||||||
10 | inadequate care, the Commission
may order the employee to | ||||||
11 | select another doctor certified or qualified
in the medical | ||||||
12 | field for which treatment is required. If the employee
refuses | ||||||
13 | to make such change the Commission may relieve the employer of
| ||||||
14 | his obligation to pay the doctor's charges from the date of | ||||||
15 | refusal to
the date of compliance.
| ||||||
16 | Any vocational rehabilitation counselors who provide | ||||||
17 | service under this Act shall have
appropriate certifications | ||||||
18 | which designate the counselor as qualified to render
opinions | ||||||
19 | relating to vocational rehabilitation. Vocational | ||||||
20 | rehabilitation
may include, but is not limited to, counseling | ||||||
21 | for job searches, supervising
a job search program, and | ||||||
22 | vocational retraining including education at an
accredited | ||||||
23 | learning institution. The employee or employer may petition to | ||||||
24 | the Commission to decide disputes relating to vocational | ||||||
25 | rehabilitation and the Commission shall resolve any such | ||||||
26 | dispute, including payment of the vocational rehabilitation | ||||||
27 | program by the employer. | ||||||
28 | The maintenance benefit shall not be less than the | ||||||
29 | temporary total disability
rate determined for the employee. In | ||||||
30 | addition, maintenance shall include costs
and expenses | ||||||
31 | incidental to the vocational rehabilitation program. | ||||||
32 | When the employee is working light duty on a part-time | ||||||
33 | basis or full-time
basis
and earns less than he or she would be | ||||||
34 | earning if employed in the full capacity
of the job or jobs, |
| |||||||
| |||||||
1 | then the employee shall be entitled to temporary partial | ||||||
2 | disability benefits. Temporary partial disability benefits | ||||||
3 | shall be
equal to two-thirds of
the difference between the | ||||||
4 | average amount that the employee would be able to
earn in the | ||||||
5 | full performance of his or her duties in the occupation in | ||||||
6 | which he
or she was engaged at the time of accident and the net | ||||||
7 | amount which he or she
is
earning in the modified job provided | ||||||
8 | to the employee by the employer or in any other job that the | ||||||
9 | employee is working. | ||||||
10 | Every hospital, physician, surgeon or other person | ||||||
11 | rendering
treatment or services in accordance with the | ||||||
12 | provisions of this Section
shall upon written request furnish | ||||||
13 | full and complete reports thereof to,
and permit their records | ||||||
14 | to be copied by, the employer, the employee or
his dependents, | ||||||
15 | as the case may be, or any other party to any proceeding
for | ||||||
16 | compensation before the Commission, or their attorneys.
| ||||||
17 | Notwithstanding the foregoing, the employer's liability to | ||||||
18 | pay for such
medical services selected by the employee shall be | ||||||
19 | limited to:
| ||||||
20 | (1) all first aid and emergency treatment; plus
| ||||||
21 | (2) all medical, surgical and hospital services | ||||||
22 | provided by the
physician, surgeon or hospital initially | ||||||
23 | chosen by the employee or by any
other physician, | ||||||
24 | consultant, expert, institution or other provider of
| ||||||
25 | services recommended by said initial service provider or | ||||||
26 | any subsequent
provider of medical services in the chain of | ||||||
27 | referrals from said
initial service provider; plus
| ||||||
28 | (3) all medical, surgical and hospital services | ||||||
29 | provided by any second
physician, surgeon or hospital | ||||||
30 | subsequently chosen by the employee or by
any other | ||||||
31 | physician, consultant, expert, institution or other | ||||||
32 | provider of
services recommended by said second service | ||||||
33 | provider or any subsequent provider
of medical services in | ||||||
34 | the chain of referrals
from said second service provider. |
| |||||||
| |||||||
1 | Thereafter the employer shall select
and pay for all | ||||||
2 | necessary medical, surgical and hospital treatment and the
| ||||||
3 | employee may not select a provider of medical services at | ||||||
4 | the employer's
expense unless the employer agrees to such | ||||||
5 | selection. At any time the employee
may obtain any medical | ||||||
6 | treatment he desires at his own expense. This paragraph
| ||||||
7 | shall not affect the duty to pay for rehabilitation | ||||||
8 | referred to above.
| ||||||
9 | When an employer and employee so agree in writing, nothing | ||||||
10 | in this
Act prevents an employee whose injury or disability has | ||||||
11 | been established
under this Act, from relying in good faith, on | ||||||
12 | treatment by prayer or
spiritual means alone, in accordance | ||||||
13 | with the tenets and practice of a
recognized church or | ||||||
14 | religious denomination, by a duly accredited
practitioner | ||||||
15 | thereof, and having nursing services appropriate therewith,
| ||||||
16 | without suffering loss or diminution of the compensation | ||||||
17 | benefits under
this Act. However, the employee shall submit to | ||||||
18 | all physical
examinations required by this Act. The cost of | ||||||
19 | such treatment and
nursing care shall be paid by the employee | ||||||
20 | unless the employer agrees to
make such payment.
| ||||||
21 | Where the accidental injury results in the amputation of an | ||||||
22 | arm,
hand, leg or foot, or the enucleation of an eye, or the | ||||||
23 | loss of any of
the natural teeth, the employer shall furnish an | ||||||
24 | artificial of any such
members lost or damaged in accidental | ||||||
25 | injury arising out of and in the
course of employment, and | ||||||
26 | shall also furnish the necessary braces in all
proper and | ||||||
27 | necessary cases. In cases of the loss of a member or members
by | ||||||
28 | amputation, the employer shall, whenever necessary, maintain | ||||||
29 | in good
repair, refit or replace the artificial limbs during | ||||||
30 | the lifetime of the
employee. Where the accidental injury | ||||||
31 | accompanied by physical injury
results in damage to a denture, | ||||||
32 | eye glasses or contact eye lenses, or
where the accidental | ||||||
33 | injury results in damage to an artificial member,
the employer | ||||||
34 | shall replace or repair such denture, glasses, lenses, or
|
| |||||||
| |||||||
1 | artificial member.
| ||||||
2 | The furnishing by the employer of any such services or | ||||||
3 | appliances is
not an admission of liability on the part of the | ||||||
4 | employer to pay
compensation.
| ||||||
5 | The furnishing of any such services or appliances or the | ||||||
6 | servicing
thereof by the employer is not the payment of | ||||||
7 | compensation.
| ||||||
8 | (b) If the period of temporary total incapacity for work | ||||||
9 | lasts more
than 3 working days, weekly compensation as | ||||||
10 | hereinafter provided shall
be paid beginning on the 4th day of | ||||||
11 | such temporary total incapacity and
continuing as long as the | ||||||
12 | total temporary incapacity lasts. In cases
where the temporary | ||||||
13 | total incapacity for work continues for a period of
14 days or | ||||||
14 | more from the day of the accident compensation shall commence
| ||||||
15 | on the day after the accident.
| ||||||
16 | 1. The compensation rate for temporary total | ||||||
17 | incapacity under this
paragraph (b) of this Section shall | ||||||
18 | be equal to 66 2/3% of the
employee's average weekly wage | ||||||
19 | computed in accordance with Section 10,
provided that it | ||||||
20 | shall be not less than 66 2/3% of the sum of the Federal | ||||||
21 | minimum wage under the Fair Labor
Standards Act, or the | ||||||
22 | Illinois minimum wage under the Minimum Wage Law,
whichever | ||||||
23 | is more, multiplied by 40 hours. This percentage rate shall | ||||||
24 | be
increased by 10% for each spouse and child, not to | ||||||
25 | exceed 100% of the total
minimum wage calculation,
the | ||||||
26 | following amounts in the
following cases:
| ||||||
27 | $100.90 in case of a single person;
| ||||||
28 | $105.50 in case of a married person with no | ||||||
29 | children;
| ||||||
30 | $108.30 in case of one child;
| ||||||
31 | $113.40 in case of 2 children;
| ||||||
32 | $117.40 in case of 3 children;
| ||||||
33 | $124.30 in case of 4 or more children;
| ||||||
34 | nor exceed the employee's average weekly wage computed in |
| |||||||
| |||||||
1 | accordance
with the provisions of Section 10, whichever is | ||||||
2 | less.
| ||||||
3 | 2. The compensation rate in all cases other than for | ||||||
4 | temporary total
disability under this paragraph (b), and | ||||||
5 | other than for serious and
permanent disfigurement under | ||||||
6 | paragraph (c) and other than for permanent
partial | ||||||
7 | disability under subparagraph (2) of paragraph (d) or under
| ||||||
8 | paragraph (e), of this Section shall be equal to 66
2/3% of | ||||||
9 | the employee's average weekly wage computed in accordance | ||||||
10 | with
the provisions of Section 10, provided that it shall | ||||||
11 | be not less than
66 2/3% of the sum of the Federal minimum | ||||||
12 | wage under the Fair Labor Standards Act, or the Illinois | ||||||
13 | minimum wage under the Minimum Wage Law, whichever is more, | ||||||
14 | multiplied by 40 hours. This percentage rate shall be | ||||||
15 | increased by 10% for each spouse and child, not to exceed | ||||||
16 | 100% of the total minimum wage calculation,
the following | ||||||
17 | amounts in the following cases:
| ||||||
18 | $80.90 in case of a single person;
| ||||||
19 | $83.20 in case of a married person with no | ||||||
20 | children;
| ||||||
21 | $86.10 in case of one child;
| ||||||
22 | $88.90 in case of 2 children;
| ||||||
23 | $91.80 in case of 3 children;
| ||||||
24 | $96.90 in case of 4 or more children;
| ||||||
25 | nor exceed the employee's average weekly wage computed in | ||||||
26 | accordance
with the provisions of Section 10, whichever is | ||||||
27 | less.
| ||||||
28 | 2.1. The compensation rate in all cases of serious and | ||||||
29 | permanent
disfigurement under paragraph (c) and of | ||||||
30 | permanent partial disability
under subparagraph (2) of | ||||||
31 | paragraph (d) or under paragraph (e) of this
Section shall | ||||||
32 | be equal to 66 2/3%
60% of the employee's average
weekly | ||||||
33 | wage computed in accordance with
the provisions of Section | ||||||
34 | 10, provided that it shall be not less than
66 2/3% of the |
| |||||||
| |||||||
1 | sum of the Federal minimum wage under the Fair Labor | ||||||
2 | Standards Act, or the Illinois minimum wage under the | ||||||
3 | Minimum Wage Law, whichever is more, multiplied by 40 | ||||||
4 | hours. This percentage rate shall be increased by 10% for | ||||||
5 | each spouse and child, not to exceed 100% of the total | ||||||
6 | minimum wage calculation,
the following amounts in the | ||||||
7 | following cases:
| ||||||
8 | $80.90 in case of a single person;
| ||||||
9 | $83.20 in case of a married person with no | ||||||
10 | children;
| ||||||
11 | $86.10 in case of one child;
| ||||||
12 | $88.90 in case of 2 children;
| ||||||
13 | $91.80 in case of 3 children;
| ||||||
14 | $96.90 in case of 4 or more children;
| ||||||
15 | nor exceed the employee's average weekly wage computed in | ||||||
16 | accordance
with the provisions of Section 10, whichever is | ||||||
17 | less.
| ||||||
18 | 3. As used in this Section the term "child" means a | ||||||
19 | child of the
employee including any child legally adopted | ||||||
20 | before the accident or whom
at the time of the accident the | ||||||
21 | employee was under legal obligation to
support or to whom | ||||||
22 | the employee stood in loco parentis, and who at the
time of | ||||||
23 | the accident was under 18 years of age and not emancipated. | ||||||
24 | The
term "children" means the plural of "child".
| ||||||
25 | 4. All weekly compensation rates provided under | ||||||
26 | subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | ||||||
27 | Section shall be subject to the
following limitations:
| ||||||
28 | The maximum weekly compensation rate from July 1, 1975, | ||||||
29 | except as
hereinafter provided, shall be 100% of the | ||||||
30 | State's average weekly wage in
covered industries under the | ||||||
31 | Unemployment Insurance Act, that being the
wage that most | ||||||
32 | closely approximates the State's average weekly wage.
| ||||||
33 | The maximum weekly compensation rate, for the period | ||||||
34 | July 1, 1984,
through June 30, 1987, except as hereinafter |
| |||||||
| |||||||
1 | provided, shall be $293.61.
Effective July 1, 1987 and on | ||||||
2 | July 1 of each year thereafter the maximum
weekly | ||||||
3 | compensation rate, except as hereinafter provided, shall | ||||||
4 | be
determined as follows: if during the preceding 12 month | ||||||
5 | period there shall
have been an increase in the State's | ||||||
6 | average weekly wage in covered
industries under the | ||||||
7 | Unemployment Insurance Act, the weekly compensation
rate | ||||||
8 | shall be proportionately increased by the same percentage | ||||||
9 | as the
percentage of increase in the State's average weekly | ||||||
10 | wage in covered
industries under the Unemployment | ||||||
11 | Insurance Act during such period.
| ||||||
12 | The maximum weekly compensation rate, for the period | ||||||
13 | January 1, 1981
through December 31, 1983, except as | ||||||
14 | hereinafter provided, shall be 100% of
the State's average | ||||||
15 | weekly wage in covered industries under the
Unemployment | ||||||
16 | Insurance Act in effect on January 1, 1981. Effective | ||||||
17 | January
1, 1984 and on January 1, of each year thereafter | ||||||
18 | the maximum weekly
compensation rate, except as | ||||||
19 | hereinafter provided, shall be determined as
follows: if | ||||||
20 | during the preceding 12 month period there shall have been | ||||||
21 | an
increase in the State's average weekly wage in covered | ||||||
22 | industries under the
Unemployment Insurance Act, the | ||||||
23 | weekly compensation rate shall be
proportionately | ||||||
24 | increased by the same percentage as the percentage of
| ||||||
25 | increase in the State's average weekly wage in covered | ||||||
26 | industries under the
Unemployment Insurance Act during | ||||||
27 | such period.
| ||||||
28 | From July 1, 1977 and thereafter such maximum weekly | ||||||
29 | compensation
rate in death cases under Section 7, and | ||||||
30 | permanent total disability
cases under paragraph (f) or | ||||||
31 | subparagraph 18 of paragraph (3) of this
Section and for | ||||||
32 | temporary total disability under paragraph (b) of this
| ||||||
33 | Section and for amputation of a member or enucleation of an | ||||||
34 | eye under
paragraph (e) of this Section shall be increased |
| |||||||
| |||||||
1 | to 133-1/3% of the
State's average weekly wage in covered | ||||||
2 | industries under the
Unemployment Insurance Act.
| ||||||
3 | For injuries occurring on or after January 1, 2006, the | ||||||
4 | maximum weekly benefit under paragraph (d)1 of this Section | ||||||
5 | shall be 110% of the State's average weekly wage in covered | ||||||
6 | industries under the Unemployment Insurance Act.
| ||||||
7 | 4.1. Any provision herein to the contrary | ||||||
8 | notwithstanding, the
weekly compensation rate for | ||||||
9 | compensation payments under subparagraph 18
of paragraph | ||||||
10 | (e) of this Section and under paragraph (f) of this
Section | ||||||
11 | and under paragraph (a) of Section 7 and for amputation of | ||||||
12 | a member or enucleation of an eye under paragraph (e) of | ||||||
13 | this Section , shall in no event be less
than 50% of the | ||||||
14 | State's average weekly wage in covered industries under
the | ||||||
15 | Unemployment Insurance Act.
| ||||||
16 | 4.2. Any provision to the contrary notwithstanding, | ||||||
17 | the total
compensation payable under Section 7 shall not | ||||||
18 | exceed the greater of
$250,000 or 20 years.
| ||||||
19 | 5. For the purpose of this Section this State's average | ||||||
20 | weekly wage
in covered industries under the Unemployment | ||||||
21 | Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | ||||||
22 | per
week and the computation of compensation rates shall be | ||||||
23 | based on the
aforesaid average weekly wage until modified | ||||||
24 | as hereinafter provided.
| ||||||
25 | 6. The Department of Employment Security of the State | ||||||
26 | shall
on or before the first day of December, 1977, and on | ||||||
27 | or before the first
day of June, 1978, and on the first day | ||||||
28 | of each December and June of each
year thereafter, publish | ||||||
29 | the State's average weekly wage in covered
industries under | ||||||
30 | the Unemployment Insurance Act and the Illinois Workers' | ||||||
31 | Compensation
Commission shall on the 15th day of January, | ||||||
32 | 1978 and on the 15th day of
July, 1978 and on the 15th day | ||||||
33 | of each January and July of each year
thereafter, post and | ||||||
34 | publish the State's average weekly wage in covered
|
| |||||||
| |||||||
1 | industries under the Unemployment Insurance Act as last | ||||||
2 | determined and
published by the Department of Employment | ||||||
3 | Security. The amount when so
posted and published shall be | ||||||
4 | conclusive and shall be applicable as the
basis of | ||||||
5 | computation of compensation rates until the next posting | ||||||
6 | and
publication as aforesaid.
| ||||||
7 | 7. The payment of compensation by an employer or his | ||||||
8 | insurance
carrier to an injured employee shall not | ||||||
9 | constitute an admission of the
employer's liability to pay | ||||||
10 | compensation.
| ||||||
11 | (c) For any serious and permanent disfigurement to the | ||||||
12 | hand, head,
face, neck, arm, leg below the knee or the chest | ||||||
13 | above the axillary
line, the employee is entitled to | ||||||
14 | compensation for such disfigurement,
the amount determined by | ||||||
15 | agreement at any time or by arbitration under
this Act, at a | ||||||
16 | hearing not less than 6 months after the date of the
accidental | ||||||
17 | injury, which amount shall not exceed 150 weeks at the
| ||||||
18 | applicable rate provided in subparagraph 2.1 of paragraph (b) | ||||||
19 | of this Section.
| ||||||
20 | No compensation is payable under this paragraph where | ||||||
21 | compensation is
payable under paragraphs (d), (e) or (f) of | ||||||
22 | this Section.
| ||||||
23 | A duly appointed member of a fire department in a city, the | ||||||
24 | population of
which exceeds 200,000 according to the last | ||||||
25 | federal or State census, is
eligible for compensation under | ||||||
26 | this paragraph only where such serious and
permanent | ||||||
27 | disfigurement results from burns.
| ||||||
28 | (d) 1. If, after the accidental injury has been sustained, | ||||||
29 | the
employee as a result thereof becomes partially | ||||||
30 | incapacitated from
pursuing his usual and customary line of | ||||||
31 | employment, he shall, except in
cases compensated under the | ||||||
32 | specific schedule set forth in paragraph (e)
of this Section, | ||||||
33 | receive compensation for the duration of his
disability, | ||||||
34 | subject to the limitations as to maximum amounts fixed in
|
| |||||||
| |||||||
1 | paragraph (b) of this Section, equal to 66-2/3% of the | ||||||
2 | difference
between the average amount which he would be able to | ||||||
3 | earn in the full
performance of his duties in the occupation in | ||||||
4 | which he was engaged at
the time of the accident and the | ||||||
5 | average amount which he is earning or
is able to earn in some | ||||||
6 | suitable employment or business after the accident.
| ||||||
7 | 2. If, as a result of the accident, the employee sustains | ||||||
8 | serious
and permanent injuries not covered by paragraphs (c) | ||||||
9 | and (e) of this
Section or having sustained injuries covered by | ||||||
10 | the aforesaid
paragraphs (c) and (e), he shall have sustained | ||||||
11 | in addition thereto
other injuries which injuries do not | ||||||
12 | incapacitate him from pursuing the
duties of his employment but | ||||||
13 | which would disable him from pursuing other
suitable | ||||||
14 | occupations, or which have otherwise resulted in physical
| ||||||
15 | impairment; or if such injuries partially incapacitate him from | ||||||
16 | pursuing
the duties of his usual and customary line of | ||||||
17 | employment but do not
result in an impairment of earning | ||||||
18 | capacity, or having resulted in an
impairment of earning | ||||||
19 | capacity, the employee elects to waive his right
to recover | ||||||
20 | under the foregoing subparagraph 1 of paragraph (d) of this
| ||||||
21 | Section then in any of the foregoing events, he shall receive | ||||||
22 | in
addition to compensation for temporary total disability | ||||||
23 | under paragraph
(b) of this Section, compensation at the rate | ||||||
24 | provided in subparagraph 2.1
of paragraph (b) of this Section | ||||||
25 | for that percentage of 500 weeks that
the partial disability | ||||||
26 | resulting from the injuries covered by this
paragraph bears to | ||||||
27 | total disability. If the employee shall have
sustained a | ||||||
28 | fracture of one or more vertebra or fracture of the skull,
the | ||||||
29 | amount of compensation allowed under this Section shall be not | ||||||
30 | less
than 6 weeks for a fractured skull and 6 weeks for each | ||||||
31 | fractured
vertebra, and in the event the employee shall have | ||||||
32 | sustained a fracture
of any of the following facial bones: | ||||||
33 | nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | ||||||
34 | mandible, the amount of compensation allowed under
this Section |
| |||||||
| |||||||
1 | shall be not less than 2 weeks for each such fractured
bone, | ||||||
2 | and for a fracture of each transverse process not less than 3
| ||||||
3 | weeks. In the event such injuries shall result in the loss of a | ||||||
4 | kidney,
spleen or lung, the amount of compensation allowed | ||||||
5 | under this Section
shall be not less than 10 weeks for each | ||||||
6 | such organ. Compensation
awarded under this subparagraph 2 | ||||||
7 | shall not take into consideration
injuries covered under | ||||||
8 | paragraphs (c) and (e) of this Section and the
compensation | ||||||
9 | provided in this paragraph shall not affect the employee's
| ||||||
10 | right to compensation payable under paragraphs (b), (c) and (e) | ||||||
11 | of this
Section for the disabilities therein covered.
| ||||||
12 | (e) For accidental injuries in the following schedule, the | ||||||
13 | employee
shall receive compensation for the period of temporary | ||||||
14 | total incapacity
for work resulting from such accidental | ||||||
15 | injury, under subparagraph 1 of
paragraph (b) of this Section, | ||||||
16 | and shall receive in addition thereto
compensation for a | ||||||
17 | further period for the specific loss herein
mentioned, but | ||||||
18 | shall not receive any compensation under any other
provisions | ||||||
19 | of this Act. The following listed amounts apply to either
the | ||||||
20 | loss of or the permanent and complete loss of use of the member
| ||||||
21 | specified, such compensation for the length of time as follows:
| ||||||
22 | 1. Thumb-70 weeks.
| ||||||
23 | 2. First, or index finger-40 weeks.
| ||||||
24 | 3. Second, or middle finger-35 weeks.
| ||||||
25 | 4. Third, or ring finger-25 weeks.
| ||||||
26 | 5. Fourth, or little finger-20 weeks.
| ||||||
27 | 6. Great toe-35 weeks.
| ||||||
28 | 7. Each toe other than great toe-12 weeks.
| ||||||
29 | 8. The loss of the first or distal phalanx of the thumb | ||||||
30 | or of any
finger or toe shall be considered to be equal to | ||||||
31 | the loss of one-half of
such thumb, finger or toe and the | ||||||
32 | compensation payable shall be one-half
of the amount above | ||||||
33 | specified. The loss of more than one phalanx shall
be | ||||||
34 | considered as the loss of the entire thumb, finger or toe. |
| |||||||
| |||||||
1 | In no
case shall the amount received for more than one | ||||||
2 | finger exceed the
amount provided in this schedule for the | ||||||
3 | loss of a hand.
| ||||||
4 | 9. Hand-190 weeks. The loss of 2 or more digits, or one | ||||||
5 | or more
phalanges of 2 or more digits, of a hand may be | ||||||
6 | compensated on the basis
of partial loss of use of a hand, | ||||||
7 | provided, further, that the loss of 4
digits, or the loss | ||||||
8 | of use of 4 digits, in the same hand shall
constitute the | ||||||
9 | complete loss of a hand.
| ||||||
10 | 10. Arm-235 weeks. Where an accidental injury results | ||||||
11 | in the
amputation of an arm below the elbow, such injury | ||||||
12 | shall be compensated
as a loss of an arm. Where an | ||||||
13 | accidental injury results in the
amputation of an arm above | ||||||
14 | the elbow, compensation for an additional 15
weeks shall be | ||||||
15 | paid, except where the accidental injury results in the
| ||||||
16 | amputation of an arm at the shoulder joint, or so close to | ||||||
17 | shoulder
joint that an artificial arm cannot be used, or | ||||||
18 | results in the
disarticulation of an arm at the shoulder | ||||||
19 | joint, in which case
compensation for an additional 65 | ||||||
20 | weeks shall be paid.
| ||||||
21 | 11. Foot-155 weeks.
| ||||||
22 | 12. Leg-200 weeks. Where an accidental injury results | ||||||
23 | in the
amputation of a leg below the knee, such injury | ||||||
24 | shall be compensated as
loss of a leg. Where an accidental | ||||||
25 | injury results in the amputation of a
leg above the knee, | ||||||
26 | compensation for an additional 25 weeks shall be
paid, | ||||||
27 | except where the accidental injury results in the | ||||||
28 | amputation of a
leg at the hip joint, or so close to the | ||||||
29 | hip joint that an artificial
leg cannot be used, or results | ||||||
30 | in the disarticulation of a leg at the
hip joint, in which | ||||||
31 | case compensation for an additional 75 weeks shall
be paid.
| ||||||
32 | 13. Eye-150 weeks. Where an accidental injury results | ||||||
33 | in the
enucleation of an eye, compensation for an | ||||||
34 | additional 10 weeks shall be
paid.
|
| |||||||
| |||||||
1 | 14. Loss of hearing of one ear-50 weeks; total and | ||||||
2 | permanent loss of
hearing of both ears-200 weeks.
| ||||||
3 | 15. Testicle-50 weeks; both testicles-150 weeks.
| ||||||
4 | 16. For the permanent partial loss of use of a member | ||||||
5 | or sight of an
eye, or hearing of an ear, compensation | ||||||
6 | during that proportion of the
number of weeks in the | ||||||
7 | foregoing schedule provided for the loss of such
member or | ||||||
8 | sight of an eye, or hearing of an ear, which the partial | ||||||
9 | loss
of use thereof bears to the total loss of use of such | ||||||
10 | member, or sight
of eye, or hearing of an ear.
| ||||||
11 | (a) Loss of hearing for compensation purposes | ||||||
12 | shall be
confined to the frequencies of 1,000, 2,000 | ||||||
13 | and 3,000 cycles per second.
Loss of hearing ability | ||||||
14 | for frequency tones above 3,000 cycles per second
are | ||||||
15 | not to be considered as constituting disability for | ||||||
16 | hearing.
| ||||||
17 | (b) The percent of hearing loss, for purposes of | ||||||
18 | the
determination of compensation claims for | ||||||
19 | occupational deafness,
shall be calculated as the | ||||||
20 | average in decibels for the thresholds
of hearing for | ||||||
21 | the frequencies of 1,000, 2,000 and 3,000 cycles per | ||||||
22 | second.
Pure tone air conduction audiometric | ||||||
23 | instruments, approved by
nationally recognized | ||||||
24 | authorities in this field, shall be used for measuring
| ||||||
25 | hearing loss. If the losses of hearing average 30 | ||||||
26 | decibels or less in the
3 frequencies, such losses of | ||||||
27 | hearing shall not then constitute any
compensable | ||||||
28 | hearing disability. If the losses of hearing average 85
| ||||||
29 | decibels or more in the 3 frequencies, then the same | ||||||
30 | shall constitute and
be total or 100% compensable | ||||||
31 | hearing loss.
| ||||||
32 | (c) In measuring hearing impairment, the lowest | ||||||
33 | measured
losses in each of the 3 frequencies shall be | ||||||
34 | added together and
divided by 3 to determine the |
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
1 | average decibel loss. For every decibel
of loss | |||||||||||||||||||||||||||||||||||||||||||||
2 | exceeding 30 decibels an allowance of 1.82% shall be | |||||||||||||||||||||||||||||||||||||||||||||
3 | made up to
the maximum of 100% which is reached at 85 | |||||||||||||||||||||||||||||||||||||||||||||
4 | decibels.
| |||||||||||||||||||||||||||||||||||||||||||||
5 | (d) If a hearing loss is established to have | |||||||||||||||||||||||||||||||||||||||||||||
6 | existed on July 1, 1975 by
audiometric testing the | |||||||||||||||||||||||||||||||||||||||||||||
7 | employer shall not be liable for the previous loss
so | |||||||||||||||||||||||||||||||||||||||||||||
8 | established nor shall he be liable for any loss for | |||||||||||||||||||||||||||||||||||||||||||||
9 | which compensation
has been paid or awarded.
| |||||||||||||||||||||||||||||||||||||||||||||
10 | (e) No consideration shall be given to the question | |||||||||||||||||||||||||||||||||||||||||||||
11 | of
whether or not the ability of an employee to | |||||||||||||||||||||||||||||||||||||||||||||
12 | understand speech
is improved by the use of a hearing | |||||||||||||||||||||||||||||||||||||||||||||
13 | aid.
| |||||||||||||||||||||||||||||||||||||||||||||
14 | (f) No claim for loss of hearing due to industrial | |||||||||||||||||||||||||||||||||||||||||||||
15 | noise
shall be brought against an employer or allowed | |||||||||||||||||||||||||||||||||||||||||||||
16 | unless the employee has
been exposed for a period of | |||||||||||||||||||||||||||||||||||||||||||||
17 | time sufficient to cause permanent impairment
to noise | |||||||||||||||||||||||||||||||||||||||||||||
18 | levels in excess of the following:
| |||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
30 | This subparagraph (f) shall not be applied in cases of | |||||||||||||||||||||||||||||||||||||||||||||
31 | hearing loss
resulting from trauma or explosion.
| |||||||||||||||||||||||||||||||||||||||||||||
32 | 17. In computing the compensation to be paid to any | |||||||||||||||||||||||||||||||||||||||||||||
33 | employee who,
before the accident for which he claims | |||||||||||||||||||||||||||||||||||||||||||||
34 | compensation, had before that
time sustained an injury |
| |||||||
| |||||||
1 | resulting in the loss by amputation or partial
loss by | ||||||
2 | amputation of any member, including hand, arm, thumb or | ||||||
3 | fingers,
leg, foot or any toes, such loss or partial loss | ||||||
4 | of any such member
shall be deducted from any award made | ||||||
5 | for the subsequent injury. For
the permanent loss of use or | ||||||
6 | the permanent partial loss of use of any
such member or the | ||||||
7 | partial loss of sight of an eye, for which
compensation has | ||||||
8 | been paid, then such loss shall be taken into
consideration | ||||||
9 | and deducted from any award for the subsequent injury.
| ||||||
10 | 18. The specific case of loss of both hands, both arms, | ||||||
11 | or both
feet, or both legs, or both eyes, or of any two | ||||||
12 | thereof, or the
permanent and complete loss of the use | ||||||
13 | thereof, constitutes total and
permanent disability, to be | ||||||
14 | compensated according to the compensation
fixed by | ||||||
15 | paragraph (f) of this Section. These specific cases of | ||||||
16 | total
and permanent disability do not exclude other cases.
| ||||||
17 | Any employee who has previously suffered the loss or | ||||||
18 | permanent and
complete loss of the use of any of such | ||||||
19 | members, and in a subsequent
independent accident loses | ||||||
20 | another or suffers the permanent and complete
loss of the | ||||||
21 | use of any one of such members the employer for whom the
| ||||||
22 | injured employee is working at the time of the last | ||||||
23 | independent accident
is liable to pay compensation only for | ||||||
24 | the loss or permanent and
complete loss of the use of the | ||||||
25 | member occasioned by the last
independent accident.
| ||||||
26 | 19. In a case of specific loss and the subsequent death | ||||||
27 | of such
injured employee from other causes than such injury | ||||||
28 | leaving a widow,
widower, or dependents surviving before | ||||||
29 | payment or payment in full for
such injury, then the amount | ||||||
30 | due for such injury is payable to the widow
or widower and, | ||||||
31 | if there be no widow or widower, then to such
dependents, | ||||||
32 | in the proportion which such dependency bears to total
| ||||||
33 | dependency.
| ||||||
34 | Beginning July 1, 1980, and every 6 months thereafter, the |
| |||||||
| |||||||
1 | Commission
shall examine the Second Injury Fund and when, after | ||||||
2 | deducting all
advances or loans made to such Fund, the amount | ||||||
3 | therein is $500,000
then the amount required to be paid by | ||||||
4 | employers pursuant to paragraph
(f) of Section 7 shall be | ||||||
5 | reduced by one-half. When the Second Injury Fund
reaches the | ||||||
6 | sum of $600,000 then the payments shall cease entirely.
| ||||||
7 | However, when the Second Injury Fund has been reduced to | ||||||
8 | $400,000, payment
of one-half of the amounts required by | ||||||
9 | paragraph (f) of Section 7
shall be resumed, in the manner | ||||||
10 | herein provided, and when the Second Injury
Fund has been | ||||||
11 | reduced to $300,000, payment of the full amounts required by
| ||||||
12 | paragraph (f) of Section 7 shall be resumed, in the manner | ||||||
13 | herein provided.
The Commission shall make the changes in | ||||||
14 | payment effective by
general order, and the changes in payment | ||||||
15 | become immediately effective
for all cases coming before the | ||||||
16 | Commission thereafter either by
settlement agreement or final | ||||||
17 | order, irrespective of the date of the
accidental injury.
| ||||||
18 | On August 1, 1996 and on February 1 and August 1 of each | ||||||
19 | subsequent year, the Commission
shall examine the special fund | ||||||
20 | designated as the "Rate
Adjustment Fund" and when, after | ||||||
21 | deducting all advances or loans made to
said fund, the amount | ||||||
22 | therein is $4,000,000, the amount required to be
paid by | ||||||
23 | employers pursuant to paragraph (f) of Section 7 shall be
| ||||||
24 | reduced by one-half. When the Rate Adjustment Fund reaches the | ||||||
25 | sum of
$5,000,000 the payment therein shall cease entirely. | ||||||
26 | However, when said
Rate Adjustment Fund has been reduced to | ||||||
27 | $3,000,000 the amounts required by
paragraph (f) of Section 7 | ||||||
28 | shall be resumed in the manner herein provided.
| ||||||
29 | (f) In case of complete disability, which renders the | ||||||
30 | employee
wholly and permanently incapable of work, or in the | ||||||
31 | specific case of
total and permanent disability as provided in | ||||||
32 | subparagraph 18 of
paragraph (e) of this Section, compensation | ||||||
33 | shall be payable at the rate
provided in subparagraph 2 of | ||||||
34 | paragraph (b) of this Section for life.
|
| |||||||
| |||||||
1 | An employee entitled to benefits under paragraph (f) of | ||||||
2 | this Section
shall also be entitled to receive from the Rate | ||||||
3 | Adjustment
Fund provided in paragraph (f) of Section 7 of the | ||||||
4 | supplementary benefits
provided in paragraph (g) of this | ||||||
5 | Section 8.
| ||||||
6 | If any employee who receives an award under this paragraph | ||||||
7 | afterwards
returns to work or is able to do so, and earns or is | ||||||
8 | able to earn as
much as before the accident, payments under | ||||||
9 | such award shall cease. If
such employee returns to work, or is | ||||||
10 | able to do so, and earns or is able
to earn part but not as much | ||||||
11 | as before the accident, such award shall be
modified so as to | ||||||
12 | conform to an award under paragraph (d) of this
Section. If | ||||||
13 | such award is terminated or reduced under the provisions of
| ||||||
14 | this paragraph, such employees have the right at any time | ||||||
15 | within 30
months after the date of such termination or | ||||||
16 | reduction to file petition
with the Commission for the purpose | ||||||
17 | of determining whether any
disability exists as a result of the | ||||||
18 | original accidental injury and the
extent thereof.
| ||||||
19 | Disability as enumerated in subdivision 18, paragraph (e) | ||||||
20 | of this
Section is considered complete disability.
| ||||||
21 | If an employee who had previously incurred loss or the | ||||||
22 | permanent and
complete loss of use of one member, through the | ||||||
23 | loss or the permanent
and complete loss of the use of one hand, | ||||||
24 | one arm, one foot, one leg, or
one eye, incurs permanent and | ||||||
25 | complete disability through the loss or
the permanent and | ||||||
26 | complete loss of the use of another member, he shall
receive, | ||||||
27 | in addition to the compensation payable by the employer and
| ||||||
28 | after such payments have ceased, an amount from the Second | ||||||
29 | Injury Fund
provided for in paragraph (f) of Section 7, which, | ||||||
30 | together with the
compensation payable from the employer in | ||||||
31 | whose employ he was when the
last accidental injury was | ||||||
32 | incurred, will equal the amount payable for
permanent and | ||||||
33 | complete disability as provided in this paragraph of this
| ||||||
34 | Section.
|
| |||||||
| |||||||
1 | The custodian of the Second Injury Fund provided for in | ||||||
2 | paragraph (f)
of Section 7 shall be joined with the employer as | ||||||
3 | a party respondent in
the application for adjustment of claim. | ||||||
4 | The application for adjustment
of claim shall state briefly and | ||||||
5 | in general terms the approximate time
and place and manner of | ||||||
6 | the loss of the first member.
| ||||||
7 | In its award the Commission or the Arbitrator shall | ||||||
8 | specifically find
the amount the injured employee shall be | ||||||
9 | weekly paid, the number of
weeks compensation which shall be | ||||||
10 | paid by the employer, the date upon
which payments begin out of | ||||||
11 | the Second Injury Fund provided for in
paragraph (f) of Section | ||||||
12 | 7 of this Act, the length of time the weekly
payments continue, | ||||||
13 | the date upon which the pension payments commence and
the | ||||||
14 | monthly amount of the payments. The Commission shall 30 days | ||||||
15 | after
the date upon which payments out of the Second Injury | ||||||
16 | Fund have begun as
provided in the award, and every month | ||||||
17 | thereafter, prepare and submit to
the State Comptroller a | ||||||
18 | voucher for payment for all compensation accrued
to that date | ||||||
19 | at the rate fixed by the Commission. The State Comptroller
| ||||||
20 | shall draw a warrant to the injured employee along with a | ||||||
21 | receipt to be
executed by the injured employee and returned to | ||||||
22 | the Commission. The
endorsed warrant and receipt is a full and | ||||||
23 | complete acquittance to the
Commission for the payment out of | ||||||
24 | the Second Injury Fund. No other
appropriation or warrant is | ||||||
25 | necessary for payment out of the Second
Injury Fund. The Second | ||||||
26 | Injury Fund is appropriated for the purpose of
making payments | ||||||
27 | according to the terms of the awards.
| ||||||
28 | As of July 1, 1980 to July 1, 1982, all claims against and | ||||||
29 | obligations
of the Second Injury Fund shall become claims | ||||||
30 | against and obligations of
the Rate Adjustment Fund to the | ||||||
31 | extent there is insufficient money in the
Second Injury Fund to | ||||||
32 | pay such claims and obligations. In that case, all
references | ||||||
33 | to "Second Injury Fund" in this Section shall also include the
| ||||||
34 | Rate Adjustment Fund.
|
| |||||||
| |||||||
1 | (g) Every award for permanent total disability entered by | ||||||
2 | the
Commission on and after July 1, 1965 under which | ||||||
3 | compensation payments
shall become due and payable after the | ||||||
4 | effective date of this amendatory
Act, and every award for | ||||||
5 | death benefits or permanent total disability
entered by the | ||||||
6 | Commission on and after the effective date of this
amendatory | ||||||
7 | Act shall be subject to annual adjustments as to the amount
of | ||||||
8 | the compensation rate therein provided. Such adjustments shall | ||||||
9 | first
be made on July 15, 1977, and all awards made and entered | ||||||
10 | prior to July
1, 1975 and on July 15 of each year
thereafter. | ||||||
11 | In all other cases such adjustment shall be made on July 15
of | ||||||
12 | the second year next following the date of the entry of the | ||||||
13 | award and
shall further be made on July 15 annually thereafter. | ||||||
14 | If during the
intervening period from the date of the entry of | ||||||
15 | the award, or the last
periodic adjustment, there shall have | ||||||
16 | been an increase in the State's
average weekly wage in covered | ||||||
17 | industries under the Unemployment
Insurance Act, the weekly | ||||||
18 | compensation rate shall be proportionately
increased by the | ||||||
19 | same percentage as the percentage of increase in the
State's | ||||||
20 | average weekly wage in covered industries under the
| ||||||
21 | Unemployment Insurance Act. The increase in the compensation | ||||||
22 | rate
under this paragraph shall in no event bring the total | ||||||
23 | compensation rate
to an amount greater than the prevailing | ||||||
24 | maximum rate. Such increase
shall be paid in the same manner as | ||||||
25 | herein provided for payments under
the Second Injury Fund to | ||||||
26 | the injured employee, or his dependents, as
the case may be, | ||||||
27 | out of the Rate Adjustment Fund provided
in paragraph (f) of | ||||||
28 | Section 7 of this Act. Payments shall be made at
the same | ||||||
29 | intervals as provided in the award or, at the option of the
| ||||||
30 | Commission, may be made in quarterly payment on the 15th day of | ||||||
31 | January,
April, July and October of each year. In the event of | ||||||
32 | a decrease in
such average weekly wage there shall be no change | ||||||
33 | in the then existing
compensation rate. The within paragraph | ||||||
34 | shall not apply to cases where
there is disputed liability and |
| |||||||
| |||||||
1 | in which a compromise lump sum settlement
between the employer | ||||||
2 | and the injured employee, or his dependents, as the
case may | ||||||
3 | be, has been duly approved by the Illinois Workers' | ||||||
4 | Compensation
Commission.
| ||||||
5 | Provided, that in cases of awards entered by the Commission | ||||||
6 | for
injuries occurring before July 1, 1975, the increases in | ||||||
7 | the
compensation rate adjusted under the foregoing provision of | ||||||
8 | this
paragraph (g) shall be limited to increases in the State's | ||||||
9 | average
weekly wage in covered industries under the | ||||||
10 | Unemployment Insurance Act
occurring after July 1, 1975.
| ||||||
11 | (h) In case death occurs from any cause before the total
| ||||||
12 | compensation to which the employee would have been entitled has | ||||||
13 | been
paid, then in case the employee leaves any widow, widower, | ||||||
14 | child, parent
(or any grandchild, grandparent or other lineal | ||||||
15 | heir or any collateral
heir dependent at the time of the | ||||||
16 | accident upon the earnings of the
employee to the extent of 50% | ||||||
17 | or more of total dependency) such
compensation shall be paid to | ||||||
18 | the beneficiaries of the deceased employee
and distributed as | ||||||
19 | provided in paragraph (g) of Section 7.
| ||||||
20 | (h-1) In case an injured employee is under legal disability
| ||||||
21 | at the time when any right or privilege accrues to him or her | ||||||
22 | under this
Act, a guardian may be appointed pursuant to law, | ||||||
23 | and may, on behalf
of such person under legal disability, claim | ||||||
24 | and exercise any
such right or privilege with the same effect | ||||||
25 | as if the employee himself
or herself had claimed or exercised | ||||||
26 | the right or privilege. No limitations
of time provided by this | ||||||
27 | Act run so long as the employee who is under legal
disability | ||||||
28 | is without a conservator or guardian.
| ||||||
29 | (i) In case the injured employee is under 16 years of age | ||||||
30 | at the
time of the accident and is illegally employed, the | ||||||
31 | amount of
compensation payable under paragraphs (b), (c), (d), | ||||||
32 | (e) and (f) of this
Section is increased 50%.
| ||||||
33 | However, where an employer has on file an employment | ||||||
34 | certificate
issued pursuant to the Child Labor Law or work |
| |||||||
| |||||||
1 | permit issued pursuant
to the Federal Fair Labor Standards Act, | ||||||
2 | as amended, or a birth
certificate properly and duly issued, | ||||||
3 | such certificate, permit or birth
certificate is conclusive | ||||||
4 | evidence as to the age of the injured minor
employee for the | ||||||
5 | purposes of this Section.
| ||||||
6 | Nothing herein contained repeals or amends the provisions | ||||||
7 | of the
Child Labor Law relating to the employment of minors | ||||||
8 | under the age of 16 years.
| ||||||
9 | (j) 1. In the event the injured employee receives benefits,
| ||||||
10 | including medical, surgical or hospital benefits under any | ||||||
11 | group plan
covering non-occupational disabilities contributed | ||||||
12 | to wholly or
partially by the employer, which benefits should | ||||||
13 | not have been payable
if any rights of recovery existed under | ||||||
14 | this Act, then such amounts so
paid to the employee from any | ||||||
15 | such group plan as shall be consistent
with, and limited to, | ||||||
16 | the provisions of paragraph 2 hereof, shall be
credited to or | ||||||
17 | against any compensation payment for temporary total
| ||||||
18 | incapacity for work or any medical, surgical or hospital | ||||||
19 | benefits made
or to be made under this Act. In such event, the | ||||||
20 | period of time for
giving notice of accidental injury and | ||||||
21 | filing application for adjustment
of claim does not commence to | ||||||
22 | run until the termination of such
payments. This paragraph does | ||||||
23 | not apply to payments made under any
group plan which would | ||||||
24 | have been payable irrespective of an accidental
injury under | ||||||
25 | this Act. Any employer receiving such credit shall keep
such | ||||||
26 | employee safe and harmless from any and all claims or | ||||||
27 | liabilities
that may be made against him by reason of having | ||||||
28 | received such payments
only to the extent of such credit.
| ||||||
29 | Any excess benefits paid to or on behalf of a State | ||||||
30 | employee by the
State Employees' Retirement System under | ||||||
31 | Article 14 of the Illinois Pension
Code on a death claim or | ||||||
32 | disputed disability claim shall be credited
against any | ||||||
33 | payments made or to be made by the State of Illinois to or on
| ||||||
34 | behalf of such employee under this Act, except for payments for |
| |||||||
| |||||||
1 | medical
expenses which have already been incurred at the time | ||||||
2 | of the award. The
State of Illinois shall directly reimburse | ||||||
3 | the State Employees' Retirement
System to the extent of such | ||||||
4 | credit.
| ||||||
5 | 2. Nothing contained in this Act shall be construed to give | ||||||
6 | the
employer or the insurance carrier the right to credit for | ||||||
7 | any benefits
or payments received by the employee other than | ||||||
8 | compensation payments
provided by this Act, and where the | ||||||
9 | employee receives payments other
than compensation payments, | ||||||
10 | whether as full or partial salary, group
insurance benefits, | ||||||
11 | bonuses, annuities or any other payments, the
employer or | ||||||
12 | insurance carrier shall receive credit for each such payment
| ||||||
13 | only to the extent of the compensation that would have been | ||||||
14 | payable
during the period covered by such payment.
| ||||||
15 | 3. The extension of time for the filing of an Application | ||||||
16 | for
Adjustment of Claim as provided in paragraph 1 above shall | ||||||
17 | not apply to
those cases where the time for such filing had | ||||||
18 | expired prior to the date
on which payments or benefits | ||||||
19 | enumerated herein have been initiated or
resumed. Provided | ||||||
20 | however that this paragraph 3 shall apply only to
cases wherein | ||||||
21 | the payments or benefits hereinabove enumerated shall be
| ||||||
22 | received after July 1, 1969.
| ||||||
23 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
24 | (820 ILCS 305/8.1 new)
| ||||||
25 | Sec. 8.1. Ineligibility for benefits. Any person convicted | ||||||
26 | of insurance fraud related to workers' compensation shall be | ||||||
27 | subject to the penalties prescribed in Sections 46-1, 46-2, | ||||||
28 | 46-3, and 46-6 of the Criminal Code of 1961. Any person | ||||||
29 | convicted of committing insurance fraud related to workers' | ||||||
30 | compensation pursuant to Section 46-1, 46-2, or 46-3 of the | ||||||
31 | Criminal Code of 1961 shall be ineligible to receive or retain | ||||||
32 | any compensation, disability, or medical benefits as defined in | ||||||
33 | this Act if the compensation, disability, or medical benefits |
| |||||||
| |||||||
1 | were owed or received as a result of a violation of Section | ||||||
2 | 46-1, 46-2, or 46-3 of the Criminal Code of 1961 for which the | ||||||
3 | recipient of the compensation, disability, or medical benefit | ||||||
4 | was convicted. | ||||||
5 | (820 ILCS 305/8.2 new)
| ||||||
6 | Sec. 8.2. Fee schedule.
| ||||||
7 | (a) Except as provided for in subsection (c), on and after | ||||||
8 | January 1, 2006, the maximum allowable payment for procedures, | ||||||
9 | treatments, or services covered under this Act shall be 90% of | ||||||
10 | the 80th percentile of charges and fees as determined by the | ||||||
11 | Commission utilizing information provided by employers' and | ||||||
12 | insurers' national databases, with a minimum of 12,000,000 | ||||||
13 | Illinois line item charges and fees comprised of health care | ||||||
14 | provider and hospital charges and fees as of July 1, 2004 but | ||||||
15 | not earlier than July 1, 2002. These charges and fees are | ||||||
16 | provider billed amounts and shall not include discounted | ||||||
17 | charges. The 80th percentile is the point on an ordered data | ||||||
18 | set from low to high such that 80% of the cases are below or | ||||||
19 | equal to that point and at most 20% are above or equal to that | ||||||
20 | point. The Commission shall adjust these historical charges and | ||||||
21 | fees as of July 1, 2004 by the Consumer Price Index-U for the | ||||||
22 | period July 1, 2004 through August 31, 2005. The Commission | ||||||
23 | shall establish fee schedules for procedures, treatments, or | ||||||
24 | services for hospital inpatient, hospital outpatient, | ||||||
25 | emergency room and trauma, ambulatory surgical treatment | ||||||
26 | centers, and professional services. These charges and fees | ||||||
27 | shall be designated by geozip or any smaller geographic unit. | ||||||
28 | The data shall in no way identify or tend to identify any | ||||||
29 | patient, employer, or health care provider. As used in this | ||||||
30 | Section, "geozip" means a three-digit zip code based on data | ||||||
31 | similarities, geographical similarities, and frequencies. A | ||||||
32 | geozip does not cross state boundaries. As used in this | ||||||
33 | Section, "three-digit zip code" means a geographic area in |
| |||||||
| |||||||
1 | which all zip codes have the same first 3 digits. If a geozip | ||||||
2 | does not have the necessary number of charges and fees to | ||||||
3 | calculate a valid percentile for a specific procedure, | ||||||
4 | treatment, or service, the Commission may combine data from the | ||||||
5 | geozip with up to 4 other geozips that are demographically and | ||||||
6 | economically similar and exhibit similarities in data and | ||||||
7 | frequencies until the Commission reaches 9 charges or fees for | ||||||
8 | that specific procedure, treatment, or service. In cases where | ||||||
9 | the compiled data contains less than 9 charges or fees for a | ||||||
10 | procedure, treatment, or service, reimbursement shall occur at | ||||||
11 | 76% of charges and fees as determined by the Commission in a | ||||||
12 | manner consistent with the provisions of this paragraph. Not | ||||||
13 | later than September 30 in 2006 and each year thereafter, the | ||||||
14 | Commission shall automatically increase or decrease the | ||||||
15 | maximum allowable payment for a procedure, treatment, or | ||||||
16 | service established and in effect on January 1 of that year by | ||||||
17 | the percentage change in the Consumer Price Index-U for the 12 | ||||||
18 | month period ending August 31 of that year. The increase or | ||||||
19 | decrease shall become effective on January 1 of the following | ||||||
20 | year. As used in this Section, "Consumer Price Index-U" means | ||||||
21 | the index published by the Bureau of Labor Statistics of the | ||||||
22 | U.S. Department of Labor, that measures the average change in | ||||||
23 | prices of all goods and services purchased by all urban | ||||||
24 | consumers, U.S. city average, all items, 1982-84=100. | ||||||
25 | (b) Notwithstanding the provisions of subsection (a), if
| ||||||
26 | the Commission finds that there is a significant limitation on
| ||||||
27 | access to quality health care in either a specific field of
| ||||||
28 | health care services or a specific geographic limitation on
| ||||||
29 | access to health care, it may change the Consumer Price Index-U
| ||||||
30 | increase or decrease for that specific field or specific
| ||||||
31 | geographic limitation on access to health care to address that
| ||||||
32 | limitation. | ||||||
33 | (c) The Commission shall establish by rule a process to | ||||||
34 | review those medical cases or outliers that involve |
| |||||||
| |||||||
1 | extra-ordinary treatment to determine whether to make an | ||||||
2 | additional adjustment to the maximum payment within a fee | ||||||
3 | schedule for a procedure, treatment, or service. | ||||||
4 | (d) When a patient notifies a provider that the treatment, | ||||||
5 | procedure, or service being sought is for a work-related | ||||||
6 | illness or injury and furnishes the provider the name and | ||||||
7 | address of the responsible employer, the provider shall bill | ||||||
8 | the employer directly. The employer shall make payment and | ||||||
9 | providers shall submit bills and records in accordance with the | ||||||
10 | provisions of this Section. All payments to providers for | ||||||
11 | treatment provided pursuant to this Act shall be made within 60 | ||||||
12 | days of receipt of the bills as long as the claim contains | ||||||
13 | substantially all the required data elements necessary to | ||||||
14 | adjudicate the bills. In the case of nonpayment to a provider | ||||||
15 | within 60 days of receipt of the bill which contained | ||||||
16 | substantially all of the required data elements necessary to | ||||||
17 | adjudicate the bill or nonpayment to a provider of a portion of | ||||||
18 | such a bill up to the lesser of the actual charge or the | ||||||
19 | payment level set by the Commission in the fee schedule | ||||||
20 | established in this Section, the bill, or portion of the bill, | ||||||
21 | shall incur interest at a rate of 1% per month payable to the | ||||||
22 | provider. | ||||||
23 | (e) Except as provided in subsections (e-5), (e-10), and | ||||||
24 | (e-15), a provider shall not hold an employee liable for costs | ||||||
25 | related to a non-disputed procedure, treatment, or service | ||||||
26 | rendered in connection with a compensable injury. Except as | ||||||
27 | provided under subsections (e-5), (e-10), (e-15), and (e-20), a | ||||||
28 | provider shall not bill or otherwise attempt to recover from | ||||||
29 | the employee the difference between the provider's charge and | ||||||
30 | the amount paid by the employer or the insurer on a compensable | ||||||
31 | injury. | ||||||
32 | (e-5) If an employer notifies a provider that the employer | ||||||
33 | does not consider the illness or injury to be compensable under | ||||||
34 | this Act, the provider may seek payment of the provider's |
| |||||||
| |||||||
1 | actual charges from the employee for any procedure, treatment, | ||||||
2 | or service rendered. Once an employee informs the provider that | ||||||
3 | there is an application filed with the Commission to resolve a | ||||||
4 | dispute over payment of such charges, the provider shall cease | ||||||
5 | any and all efforts to collect payment for the services that | ||||||
6 | are the subject of the dispute. Any statute of limitations or | ||||||
7 | statute of repose applicable to the provider's efforts to | ||||||
8 | collect payment from the employee shall be tolled from the date | ||||||
9 | that the employee files the application with the Commission | ||||||
10 | until the date that the provider is permitted to resume | ||||||
11 | collection efforts under the provisions of this Section. | ||||||
12 | (e-10) If an employer notifies a provider that the employer | ||||||
13 | will pay only a portion of a bill for any procedure, treatment, | ||||||
14 | or service rendered in connection with a compensable illness or | ||||||
15 | disease, the provider may seek payment from the employee for | ||||||
16 | the remainder of the amount of the bill up to the lesser of the | ||||||
17 | actual charge or the payment level set by the Commission in the | ||||||
18 | fee schedule established in this Section. Once an employee | ||||||
19 | informs the provider that there is an application filed with | ||||||
20 | the Commission to resolve a dispute over payment of such | ||||||
21 | charges, the provider shall ceases any and all efforts to | ||||||
22 | collect payment for the services that are the subject of the | ||||||
23 | dispute. Any statute of limitations or statute of repose | ||||||
24 | applicable to the provider's efforts to collect payment from | ||||||
25 | the employee shall be tolled from the date that the employee | ||||||
26 | files the application with the Commission until the date that | ||||||
27 | the provider is permitted to resume collection efforts under | ||||||
28 | the provisions of this Section. | ||||||
29 | (e-15) When there is a dispute over the compensability of | ||||||
30 | or amount of payment for a procedure, treatment, or service, | ||||||
31 | and a case is pending or proceeding before an Arbitrator or the | ||||||
32 | Commission, the provider may mail the employee reminders that | ||||||
33 | the employee will be responsible for payment of any procedure, | ||||||
34 | treatment or service rendered by the provider. The reminders |
| |||||||
| |||||||
1 | must state that they are not bills, to the extent practicable | ||||||
2 | include itemized information, and state that the employee need | ||||||
3 | not pay until such time as the provider is permitted to resume | ||||||
4 | collection efforts under this Section. The reminders shall not | ||||||
5 | be provided to any credit rating agency. The reminders may | ||||||
6 | request that the employee furnish the provider with information | ||||||
7 | about the proceeding under this Act, such as the file number, | ||||||
8 | names of parties, and status of the case. If an employee fails | ||||||
9 | to respond to such request for information or fails to furnish | ||||||
10 | the information requested within 90 days of the date of the | ||||||
11 | reminder, the provider is entitled to resume any and all | ||||||
12 | efforts to collect payment from the employee for the services | ||||||
13 | rendered to the employee and the employee shall be responsible | ||||||
14 | for payment of any outstanding bills for a procedure, | ||||||
15 | treatment, or service rendered by a provider. | ||||||
16 | (e-20) Upon a final award or judgment by an Arbitrator or | ||||||
17 | the Commission, or a settlement agreed to by the employer and | ||||||
18 | the employee, a provider may resume any and all efforts to | ||||||
19 | collect payment from the employee for the services rendered to | ||||||
20 | the employee and the employee shall be responsible for payment | ||||||
21 | of any outstanding bills for a procedure, treatment, or service | ||||||
22 | rendered by a provider as well as the interest awarded under | ||||||
23 | subsection (d) of this Section. In the case of a procedure, | ||||||
24 | treatment, or service deemed compensable, the provider shall | ||||||
25 | not require a payment rate, excluding the interest provisions | ||||||
26 | under subsection (d), greater than the lesser of the actual | ||||||
27 | charge or the payment level set by the Commission in the fee | ||||||
28 | schedule established in this Section. Payment for services | ||||||
29 | deemed not covered or not compensable under this Act is the | ||||||
30 | responsibility of the employee unless a provider and employee | ||||||
31 | have agreed otherwise in writing. Services not covered or not | ||||||
32 | compensable under this Act are not subject to the fee schedule | ||||||
33 | in this Section. | ||||||
34 | (f) Nothing in this Act shall prohibit an employer or
|
| |||||||
| |||||||
1 | insurer from contracting with a health care provider or group
| ||||||
2 | of health care providers for reimbursement levels for benefits | ||||||
3 | under this Act different
from those provided in this Section. | ||||||
4 | (g) On or before January 1, 2010 the Commission shall | ||||||
5 | provide to the Governor and General Assembly a report regarding | ||||||
6 | the implementation of the medical fee schedule and the index | ||||||
7 | used for annual adjustment to that schedule as described in | ||||||
8 | this Section. | ||||||
9 | (820 ILCS 305/8.3 new)
| ||||||
10 | Sec. 8.3. Workers' Compensation Medical Fee Advisory | ||||||
11 | Board. There is created a Workers' Compensation Medical Fee | ||||||
12 | Advisory Board consisting of 9 members appointed by the | ||||||
13 | Governor with the advice and consent of the Senate. Three | ||||||
14 | members of the Advisory Board shall be representative citizens | ||||||
15 | chosen from the employee class, 3 members shall be | ||||||
16 | representative citizens chosen from the employing class, and 3 | ||||||
17 | members shall be representative citizens chosen from the | ||||||
18 | medical provider class. Each member shall serve a 4-year term | ||||||
19 | and shall continue to serve until a successor is appointed. A | ||||||
20 | vacancy on the Advisory Board shall be filled by the Governor | ||||||
21 | for the unexpired term. | ||||||
22 | Members of the Advisory Board shall receive no compensation | ||||||
23 | for their services but shall be reimbursed for expenses | ||||||
24 | incurred in the performance of their duties by the Commission | ||||||
25 | from appropriations made to the Commission for that purpose. | ||||||
26 | The Advisory Board shall advise the Commission on | ||||||
27 | establishment of fees for medical services and accessibility of | ||||||
28 | medical treatment.
| ||||||
29 | (820 ILCS 305/10) (from Ch. 48, par. 138.10)
| ||||||
30 | Sec. 10. The basis for computing the compensation provided | ||||||
31 | for in
Sections 7 and 8 of the Act shall be as follows:
| ||||||
32 | The compensation shall be computed on the basis of the
|
| |||||||
| |||||||
1 | "Average weekly wage" which shall mean the actual earnings of | ||||||
2 | the employee
in the employment in which he was working at the | ||||||
3 | time of the injury during
the period of 52 weeks ending with | ||||||
4 | the last day of the employee's last full
pay period immediately | ||||||
5 | preceding the date of injury, illness or disablement ,
excluding | ||||||
6 | extra hourly pay for overtime above the normal hourly wage and
| ||||||
7 | overtime, and bonus , divided by 52; but if the injured employee
| ||||||
8 | lost 5 or more calendar days during such period, whether or not | ||||||
9 | in the same
week, then the earnings for the remainder of such | ||||||
10 | 52 weeks shall be divided
by the number of weeks and parts | ||||||
11 | thereof remaining after the time so lost
has been deducted. | ||||||
12 | Where the employment prior to the injury extended over
a period | ||||||
13 | of less than 52 weeks, the method of dividing the earnings | ||||||
14 | during
that period by the number of weeks and parts thereof | ||||||
15 | during which the employee
actually earned wages shall be | ||||||
16 | followed. Where by reason of the shortness
of the time during | ||||||
17 | which the employee has been in the employment of his
employer | ||||||
18 | or of the casual nature or terms of the employment, it is | ||||||
19 | impractical
to compute the average weekly wages as above | ||||||
20 | defined, regard shall be had
to the average weekly amount which | ||||||
21 | during the 52 weeks previous to the injury,
illness or | ||||||
22 | disablement was being or would have been earned by a person in
| ||||||
23 | the same grade employed at the same work for each of such 52 | ||||||
24 | weeks for the
same number of hours per week by the same | ||||||
25 | employer. In the case of volunteer
firemen, police and civil | ||||||
26 | defense members or trainees, the income benefits
shall be based | ||||||
27 | on the average weekly wage in their regular employment.
When | ||||||
28 | the employee is working concurrently with two or more employers | ||||||
29 | and
the respondent employer has knowledge of such employment | ||||||
30 | prior to the injury,
his wages from all such employers shall be | ||||||
31 | considered as if earned from
the employer liable for | ||||||
32 | compensation.
| ||||||
33 | (Source: P.A. 81-1482.)
|
| |||||||
| |||||||
1 | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
| ||||||
2 | Sec. 19. Any disputed questions of law or fact shall be | ||||||
3 | determined
as herein provided.
| ||||||
4 | (a) It shall be the duty of the Commission upon | ||||||
5 | notification that
the parties have failed to reach an | ||||||
6 | agreement, to designate an Arbitrator.
| ||||||
7 | 1. Whenever any claimant misconceives his remedy and | ||||||
8 | files an
application for adjustment of claim under this Act | ||||||
9 | and it is
subsequently discovered, at any time before final | ||||||
10 | disposition of such
cause, that the claim for disability or | ||||||
11 | death which was the basis for
such application should | ||||||
12 | properly have been made under the Workers'
Occupational | ||||||
13 | Diseases Act, then the provisions of Section 19, paragraph
| ||||||
14 | (a-1) of the Workers' Occupational Diseases Act having | ||||||
15 | reference to such
application shall apply.
| ||||||
16 | 2. Whenever any claimant misconceives his remedy and | ||||||
17 | files an
application for adjustment of claim under the | ||||||
18 | Workers' Occupational
Diseases Act and it is subsequently | ||||||
19 | discovered, at any time before final
disposition of such | ||||||
20 | cause that the claim for injury or death which was
the | ||||||
21 | basis for such application should properly have been made | ||||||
22 | under this
Act, then the application so filed under the | ||||||
23 | Workers' Occupational
Diseases Act may be amended in form, | ||||||
24 | substance or both to assert claim
for such disability or | ||||||
25 | death under this Act and it shall be deemed to
have been so | ||||||
26 | filed as amended on the date of the original filing
| ||||||
27 | thereof, and such compensation may be awarded as is | ||||||
28 | warranted by the
whole evidence pursuant to this Act. When | ||||||
29 | such amendment is submitted,
further or additional | ||||||
30 | evidence may be heard by the Arbitrator or
Commission when | ||||||
31 | deemed necessary. Nothing in this Section contained
shall | ||||||
32 | be construed to be or permit a waiver of any provisions of | ||||||
33 | this
Act with reference to notice but notice if given shall | ||||||
34 | be deemed to be a
notice under the provisions of this Act |
| |||||||
| |||||||
1 | if given within the time
required herein.
| ||||||
2 | (b) The Arbitrator shall make such inquiries and | ||||||
3 | investigations as he or
they shall deem necessary and may | ||||||
4 | examine and inspect all books, papers,
records, places, or | ||||||
5 | premises relating to the questions in dispute and hear
such | ||||||
6 | proper evidence as the parties may submit.
| ||||||
7 | The hearings before the Arbitrator shall be held in the | ||||||
8 | vicinity where
the injury occurred after 10 days' notice of the | ||||||
9 | time and place of such
hearing shall have been given to each of | ||||||
10 | the parties or their attorneys
of record.
| ||||||
11 | The Arbitrator may find that the disabling condition is | ||||||
12 | temporary and has
not yet reached a permanent condition and may | ||||||
13 | order the payment of
compensation up to the date of the | ||||||
14 | hearing, which award shall be reviewable
and enforceable in the | ||||||
15 | same manner as other awards, and in no instance be a
bar to a | ||||||
16 | further hearing and determination of a further amount of | ||||||
17 | temporary
total compensation or of compensation for permanent | ||||||
18 | disability, but shall
be conclusive as to all other questions | ||||||
19 | except the nature and extent of said
disability.
| ||||||
20 | The decision of the Arbitrator shall be filed with the | ||||||
21 | Commission which
Commission shall immediately send to each | ||||||
22 | party or his attorney a copy of
such decision, together with a | ||||||
23 | notification of the time when it was filed.
Beginning January | ||||||
24 | 1, 2006
1981 , all decisions of the Arbitrator shall set forth
| ||||||
25 | in writing findings of fact and conclusions of law, separately | ||||||
26 | stated , if requested by either party .
Unless a petition for | ||||||
27 | review is filed by either party within 30 days after
the | ||||||
28 | receipt by such party of the copy of the decision and | ||||||
29 | notification of
time when filed, and unless such party | ||||||
30 | petitioning for a review shall
within 35 days after the receipt | ||||||
31 | by him of the copy of the decision, file
with the Commission | ||||||
32 | either an agreed statement of the facts appearing upon
the | ||||||
33 | hearing before the Arbitrator, or if such
party shall so elect | ||||||
34 | a correct transcript of evidence of the proceedings
at such |
| |||||||
| |||||||
1 | hearings, then the decision shall become the decision of the
| ||||||
2 | Commission and in the absence of fraud shall be conclusive.
The | ||||||
3 | Petition for Review shall contain a statement of the | ||||||
4 | petitioning party's
specific exceptions to the decision of the | ||||||
5 | arbitrator. The jurisdiction
of the Commission to review the | ||||||
6 | decision of the arbitrator shall not be
limited to the | ||||||
7 | exceptions stated in the Petition for Review.
The Commission, | ||||||
8 | or any member thereof, may grant further time not exceeding
30 | ||||||
9 | days, in which to file such agreed statement or transcript of
| ||||||
10 | evidence. Such agreed statement of facts or correct transcript | ||||||
11 | of
evidence, as the case may be, shall be authenticated by the | ||||||
12 | signatures
of the parties or their attorneys, and in the event | ||||||
13 | they do not agree as
to the correctness of the transcript of | ||||||
14 | evidence it shall be authenticated
by the signature of the | ||||||
15 | Arbitrator designated by the Commission.
| ||||||
16 | Whether the employee is working or not, if the employee is | ||||||
17 | not receiving or
has not received medical, surgical, or | ||||||
18 | hospital services or
other services or compensation as provided | ||||||
19 | in paragraph (a) of Section 8, or
compensation as provided in | ||||||
20 | paragraph (b) of Section 8, the employee may at any
time | ||||||
21 | petition for an expedited hearing by an Arbitrator on the issue | ||||||
22 | of whether
or not he or she is entitled to receive payment of | ||||||
23 | the services or
compensation. The hearing shall have priority | ||||||
24 | over all other petitions and
shall be heard by the Arbitrator | ||||||
25 | and Commission with all convenient speed. The
employee shall | ||||||
26 | give notice of a request for an expedited hearing under this
| ||||||
27 | paragraph. A copy of the application for adjustment of claim | ||||||
28 | shall be attached
to the notice. The Commission shall adopt | ||||||
29 | rules and procedures under which the
final decision under this | ||||||
30 | paragraph is filed not later than 180 days from the
date of the | ||||||
31 | first hearing. | ||||||
32 | (b-1) If the employee is not receiving medical, surgical or | ||||||
33 | hospital
services as provided in paragraph (a) of Section 8 or | ||||||
34 | compensation as
provided in paragraph (b) of Section 8, the |
| |||||||
| |||||||
1 | employee, in accordance with
Commission Rules, may file a | ||||||
2 | petition for an emergency hearing by an
Arbitrator on the issue | ||||||
3 | of whether or not he is entitled to receive payment
of such | ||||||
4 | compensation or services as provided therein. Such petition | ||||||
5 | shall
have priority over all other petitions and shall be heard | ||||||
6 | by the Arbitrator
and Commission with all convenient speed.
| ||||||
7 | Such petition shall contain the following information and | ||||||
8 | shall be served
on the employer at least 15 days before it is | ||||||
9 | filed:
| ||||||
10 | (i) the date and approximate time of accident;
| ||||||
11 | (ii) the approximate location of the accident;
| ||||||
12 | (iii) a description of the accident;
| ||||||
13 | (iv) the nature of the injury incurred by the employee;
| ||||||
14 | (v) the identity of the person, if known, to whom the | ||||||
15 | accident was
reported and the date on which it was | ||||||
16 | reported;
| ||||||
17 | (vi) the name and title of the person, if known, | ||||||
18 | representing the
employer with whom the employee conferred | ||||||
19 | in any effort to obtain
compensation pursuant to paragraph | ||||||
20 | (b) of Section 8 of this Act or medical,
surgical or | ||||||
21 | hospital services pursuant to paragraph (a) of Section 8 of
| ||||||
22 | this Act and the date of such conference;
| ||||||
23 | (vii) a statement that the employer has refused to pay | ||||||
24 | compensation
pursuant to paragraph (b) of Section 8 of this | ||||||
25 | Act or for medical, surgical
or hospital services pursuant | ||||||
26 | to paragraph (a) of Section 8 of this Act;
| ||||||
27 | (viii) the name and address, if known, of each witness | ||||||
28 | to the accident
and of each other person upon whom the | ||||||
29 | employee will rely to support his
allegations;
| ||||||
30 | (ix) the dates of treatment related to the accident by | ||||||
31 | medical
practitioners, and the names and addresses of such | ||||||
32 | practitioners, including
the dates of treatment related to | ||||||
33 | the accident at any hospitals and the
names and addresses | ||||||
34 | of such hospitals, and a signed authorization
permitting |
| |||||||
| |||||||
1 | the employer to examine all medical records of all | ||||||
2 | practitioners
and hospitals named pursuant to this | ||||||
3 | paragraph;
| ||||||
4 | (x) a copy of a signed report by a medical | ||||||
5 | practitioner, relating to the
employee's current inability | ||||||
6 | to return to work because of the injuries
incurred as a | ||||||
7 | result of the accident or such other documents or | ||||||
8 | affidavits
which show that the employee is entitled to | ||||||
9 | receive compensation pursuant
to paragraph (b) of Section 8 | ||||||
10 | of this Act or medical, surgical or hospital
services | ||||||
11 | pursuant to paragraph (a) of Section 8 of this Act. Such | ||||||
12 | reports,
documents or affidavits shall state, if possible, | ||||||
13 | the history of the
accident given by the employee, and | ||||||
14 | describe the injury and medical
diagnosis, the medical | ||||||
15 | services for such injury which the employee has
received | ||||||
16 | and is receiving, the physical activities which the | ||||||
17 | employee
cannot currently perform as a result of any | ||||||
18 | impairment or disability due to
such injury, and the | ||||||
19 | prognosis for recovery;
| ||||||
20 | (xi) complete copies of any reports, records, | ||||||
21 | documents and affidavits
in the possession of the employee | ||||||
22 | on which the employee will rely to
support his allegations, | ||||||
23 | provided that the employer shall pay the
reasonable cost of | ||||||
24 | reproduction thereof;
| ||||||
25 | (xii) a list of any reports, records, documents and | ||||||
26 | affidavits which
the employee has demanded by subpoena and | ||||||
27 | on which he intends to
rely to support his allegations;
| ||||||
28 | (xiii) a certification signed by the employee or his | ||||||
29 | representative that
the employer has received the petition | ||||||
30 | with the required information 15
days before filing.
| ||||||
31 | Fifteen days after receipt by the employer of the petition | ||||||
32 | with the
required information the employee may file said | ||||||
33 | petition and required
information and shall serve notice of the | ||||||
34 | filing upon the employer. The
employer may file a motion |
| |||||||
| |||||||
1 | addressed to the sufficiency of the petition.
If an objection | ||||||
2 | has been filed to the sufficiency of the petition, the
| ||||||
3 | arbitrator shall rule on the objection within 2 working days. | ||||||
4 | If such an
objection is filed, the time for filing the final | ||||||
5 | decision of the
Commission as provided in this paragraph shall | ||||||
6 | be tolled until the
arbitrator has determined that the petition | ||||||
7 | is sufficient.
| ||||||
8 | The employer shall, within 15 days after receipt of the | ||||||
9 | notice that such
petition is filed, file with the Commission | ||||||
10 | and serve on the employee or
his representative a written | ||||||
11 | response to each claim set forth in the
petition, including the | ||||||
12 | legal and factual basis for each disputed
allegation and the | ||||||
13 | following information: (i) complete copies of any
reports, | ||||||
14 | records, documents and affidavits in the possession of the
| ||||||
15 | employer on which the employer intends to rely in support of | ||||||
16 | his response,
(ii) a list of any reports, records, documents | ||||||
17 | and affidavits which the
employer has demanded by subpoena and | ||||||
18 | on which the employer intends to rely
in support of his | ||||||
19 | response, (iii) the name and address of each witness on
whom | ||||||
20 | the employer will rely to support his response, and (iv) the | ||||||
21 | names and
addresses of any medical practitioners selected by | ||||||
22 | the employer pursuant to
Section 12 of this Act and the time | ||||||
23 | and place of any examination scheduled
to be made pursuant to | ||||||
24 | such Section.
| ||||||
25 | Any employer who does not timely file and serve a written | ||||||
26 | response
without good cause may not introduce any evidence to | ||||||
27 | dispute any claim of
the employee but may cross examine the | ||||||
28 | employee or any witness brought by
the employee and otherwise | ||||||
29 | be heard.
| ||||||
30 | No document or other evidence not previously identified by | ||||||
31 | either party
with the petition or written response, or by any | ||||||
32 | other means before the
hearing, may be introduced into evidence | ||||||
33 | without good cause.
If, at the hearing, material information is | ||||||
34 | discovered which was
not previously disclosed, the Arbitrator |
| |||||||
| |||||||
1 | may extend the time for closing
proof on the motion of a party | ||||||
2 | for a reasonable period of time which may
be more than 30 days. | ||||||
3 | No evidence may be introduced pursuant
to this paragraph as to | ||||||
4 | permanent disability. No award may be entered for
permanent | ||||||
5 | disability pursuant to this paragraph. Either party may | ||||||
6 | introduce
into evidence the testimony taken by deposition of | ||||||
7 | any medical practitioner.
| ||||||
8 | The Commission shall adopt rules, regulations and | ||||||
9 | procedures whereby the
final decision of the Commission is | ||||||
10 | filed not later than 90 days from the
date the petition for | ||||||
11 | review is filed but in no event later than 180 days from
the | ||||||
12 | date the petition for an emergency hearing is filed with the | ||||||
13 | Illinois Workers' Compensation
Commission.
| ||||||
14 | All service required pursuant to this paragraph (b-1) must | ||||||
15 | be by personal
service or by certified mail and with evidence | ||||||
16 | of receipt. In addition for
the purposes of this paragraph, all | ||||||
17 | service on the employer must be at the
premises where the | ||||||
18 | accident occurred if the premises are owned or operated
by the | ||||||
19 | employer. Otherwise service must be at the employee's principal
| ||||||
20 | place of employment by the employer. If service on the employer | ||||||
21 | is not
possible at either of the above, then service shall be | ||||||
22 | at the employer's
principal place of business. After initial | ||||||
23 | service in each case, service
shall be made on the employer's | ||||||
24 | attorney or 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 or | ||||||
28 | mental examination of a petitioner whose
mental or physical | ||||||
29 | condition is in issue, when in the Commission's
discretion it | ||||||
30 | appears that such an examination will materially aid in the
| ||||||
31 | just determination of the case. The examination shall be made | ||||||
32 | by a member
or members of a panel of physicians chosen for | ||||||
33 | their special qualifications
by the Illinois State Medical | ||||||
34 | Society. The Commission shall establish
procedures by which a |
| |||||||
| |||||||
1 | physician shall be selected from such list.
| ||||||
2 | (2) Should the Commission at any time during the hearing | ||||||
3 | find that
compelling considerations make it advisable to have | ||||||
4 | an examination and
report at that time, the commission may in | ||||||
5 | its discretion so order.
| ||||||
6 | (3) A copy of the report of examination shall be given to | ||||||
7 | the Commission
and to the attorneys for the parties.
| ||||||
8 | (4) Either party or the Commission may call the examining | ||||||
9 | physician or
physicians to testify. Any physician so called | ||||||
10 | shall be subject to
cross-examination.
| ||||||
11 | (5) The examination shall be made, and the physician or | ||||||
12 | physicians, if
called, shall testify, without cost to the | ||||||
13 | parties. The Commission shall
determine the compensation and | ||||||
14 | the pay of the physician or physicians. The
compensation for | ||||||
15 | this service shall not exceed the usual and customary amount
| ||||||
16 | for such service.
| ||||||
17 | (6) The fees and payment thereof of all attorneys and | ||||||
18 | physicians for
services authorized by the Commission under this | ||||||
19 | Act shall, upon request
of either the employer or the employee | ||||||
20 | or the beneficiary affected, be
subject to the review and | ||||||
21 | decision of the Commission.
| ||||||
22 | (d) If any employee shall persist in insanitary or | ||||||
23 | injurious
practices which tend to either imperil or retard his | ||||||
24 | recovery or shall
refuse to submit to such medical, surgical, | ||||||
25 | or hospital treatment as is
reasonably essential to promote his | ||||||
26 | recovery, the Commission may, in its
discretion, reduce or | ||||||
27 | suspend the compensation of any such injured
employee. However, | ||||||
28 | when an employer and employee so agree in writing,
the | ||||||
29 | foregoing provision shall not be construed to authorize the
| ||||||
30 | reduction or suspension of compensation of an employee who is | ||||||
31 | relying in
good faith, on treatment by prayer or spiritual | ||||||
32 | means alone, in
accordance with the tenets and practice of a | ||||||
33 | recognized church or
religious denomination, by a duly | ||||||
34 | accredited practitioner thereof.
|
| |||||||
| |||||||
1 | (e) This paragraph shall apply to all hearings before the | ||||||
2 | Commission.
Such hearings may be held in its office or | ||||||
3 | elsewhere as the Commission
may deem advisable. The taking of | ||||||
4 | testimony on such hearings may be had
before any member of the | ||||||
5 | Commission. If a petition for review and agreed
statement of | ||||||
6 | facts or transcript of evidence is filed, as provided herein,
| ||||||
7 | the Commission shall promptly review the decision of the | ||||||
8 | Arbitrator and all
questions of law or fact which appear from | ||||||
9 | the statement of facts or
transcript of evidence.
| ||||||
10 | In all cases in which the hearing before the arbitrator is | ||||||
11 | held after
December 18, 1989, no additional evidence shall be | ||||||
12 | introduced by the
parties before the Commission on review of | ||||||
13 | the decision of the Arbitrator.
In reviewing decisions of an | ||||||
14 | arbitrator the Commission shall award such
temporary | ||||||
15 | compensation, permanent compensation and other payments as are
| ||||||
16 | due under this Act. The Commission shall file in its office its | ||||||
17 | decision
thereon, and shall immediately send to each party or | ||||||
18 | his attorney a copy of
such decision and a notification of the | ||||||
19 | time when it was filed. Decisions
shall be filed within 60 days | ||||||
20 | after the Statement of Exceptions and
Supporting Brief and | ||||||
21 | Response thereto are required to be filed or oral
argument | ||||||
22 | whichever is later.
| ||||||
23 | In the event either party requests oral argument, such | ||||||
24 | argument shall be
had before a panel of 3 members of the | ||||||
25 | Commission (or before all available
members pursuant to the | ||||||
26 | determination of 5 members of the Commission that
such argument | ||||||
27 | be held before all available members of the Commission)
| ||||||
28 | pursuant to the rules and regulations of the Commission. A | ||||||
29 | panel of 3
members, which shall be comprised of not more than | ||||||
30 | one representative
citizen of the employing class and not more | ||||||
31 | than one representative citizen
of the employee class, shall | ||||||
32 | hear the argument; provided that if all the
issues in dispute | ||||||
33 | are solely the nature and extent of the permanent partial
| ||||||
34 | disability, if any, a majority of the panel may deny the |
| |||||||
| |||||||
1 | request for such
argument and such argument shall not be held; | ||||||
2 | and provided further that 5
members of the Commission may | ||||||
3 | determine that the argument be held before
all available | ||||||
4 | members of the Commission. A decision of the Commission
shall | ||||||
5 | be approved by a majority of Commissioners present at such | ||||||
6 | hearing if
any; provided, if no such hearing is held, a | ||||||
7 | decision of the Commission
shall be approved by a majority of a | ||||||
8 | panel of 3 members of the Commission
as described in this | ||||||
9 | Section. The Commission shall give 10 days' notice to
the | ||||||
10 | parties or their attorneys of the time and place of such taking | ||||||
11 | of
testimony and of such argument.
| ||||||
12 | In any case the Commission in its decision may find | ||||||
13 | specially
upon any question or questions of law or fact which | ||||||
14 | shall be submitted
in writing by either party whether ultimate | ||||||
15 | or otherwise;
provided that on issues other than nature and | ||||||
16 | extent of the disability,
if any, the Commission in its | ||||||
17 | decision shall find specially upon any
question or questions of | ||||||
18 | law or fact, whether ultimate or otherwise,
which are submitted | ||||||
19 | in writing by either party; provided further that
not more than | ||||||
20 | 5 such questions may be submitted by either party. Any
party | ||||||
21 | may, within 20 days after receipt of notice of the Commission's
| ||||||
22 | decision, or within such further time, not exceeding 30 days, | ||||||
23 | as the
Commission may grant, file with the Commission either an | ||||||
24 | agreed
statement of the facts appearing upon the hearing, or, | ||||||
25 | if such party
shall so elect, a correct transcript of evidence | ||||||
26 | of the additional
proceedings presented before the Commission, | ||||||
27 | in which report the party
may embody a correct statement of | ||||||
28 | such other proceedings in the case as
such party may desire to | ||||||
29 | have reviewed, such statement of facts or
transcript of | ||||||
30 | evidence to be authenticated by the signature of the
parties or | ||||||
31 | their attorneys, and in the event that they do not agree,
then | ||||||
32 | the authentication of such transcript of evidence shall be by | ||||||
33 | the
signature of any member of the Commission.
| ||||||
34 | If a reporter does not for any reason furnish a transcript |
| |||||||
| |||||||
1 | of the
proceedings before the Arbitrator in any case for use on | ||||||
2 | a hearing for
review before the Commission, within the | ||||||
3 | limitations of time as fixed in
this Section, the Commission | ||||||
4 | may, in its discretion, order a trial de
novo before the | ||||||
5 | Commission in such case upon application of either
party. The | ||||||
6 | applications for adjustment of claim and other documents in
the | ||||||
7 | nature of pleadings filed by either party, together with the
| ||||||
8 | decisions of the Arbitrator and of the Commission and the | ||||||
9 | statement of
facts or transcript of evidence hereinbefore | ||||||
10 | provided for in paragraphs
(b) and (c) shall be the record of | ||||||
11 | the proceedings of the Commission,
and shall be subject to | ||||||
12 | review as hereinafter provided.
| ||||||
13 | At the request of either party or on its own motion, the | ||||||
14 | Commission shall
set forth in writing the reasons for the | ||||||
15 | decision, including findings of
fact and conclusions of law | ||||||
16 | separately stated. The Commission shall by rule
adopt a format | ||||||
17 | for written decisions for the Commission and arbitrators.
The | ||||||
18 | written decisions shall be concise and shall succinctly state | ||||||
19 | the facts
and reasons for the decision. The Commission may | ||||||
20 | adopt in whole or in part,
the decision of the arbitrator as | ||||||
21 | the decision of the Commission. When the
Commission does so | ||||||
22 | adopt the decision of the arbitrator, it shall do so by
order. | ||||||
23 | Whenever the Commission adopts part of the arbitrator's | ||||||
24 | decision,
but not all, it shall include in the order the | ||||||
25 | reasons for not adopting all
of the arbitrator's decision. When | ||||||
26 | a majority of a panel, after
deliberation, has arrived at its | ||||||
27 | decision, the decision shall be filed as
provided in this | ||||||
28 | Section without unnecessary delay, and without regard to
the | ||||||
29 | fact that a member of the panel has expressed an intention to | ||||||
30 | dissent.
Any member of the panel may file a dissent. Any | ||||||
31 | dissent shall be filed no
later than 10 days after the decision | ||||||
32 | of the majority has been filed.
| ||||||
33 | Decisions rendered by the Commission and dissents, if any, | ||||||
34 | shall be
published together by the Commission. The conclusions |
| |||||||
| |||||||
1 | of law set out in
such decisions shall be regarded as | ||||||
2 | precedents by arbitrators for the purpose
of achieving a more | ||||||
3 | uniform administration of this Act.
| ||||||
4 | (f) The decision of the Commission acting within its | ||||||
5 | powers,
according to the provisions of paragraph (e) of this | ||||||
6 | Section shall, in
the absence of fraud, be conclusive unless | ||||||
7 | reviewed as in this paragraph
hereinafter provided. However, | ||||||
8 | the Arbitrator or the Commission may on
his or its own motion, | ||||||
9 | or on the motion of either party, correct any
clerical error or | ||||||
10 | errors in computation within 15 days after the date of
receipt | ||||||
11 | of any award by such Arbitrator or any decision on review of | ||||||
12 | the
Commission and shall have the power to recall the original | ||||||
13 | award on
arbitration or decision on review, and issue in lieu | ||||||
14 | thereof such
corrected award or decision. Where such correction | ||||||
15 | is made the time for
review herein specified shall begin to run | ||||||
16 | from the date of
the receipt of the corrected award or | ||||||
17 | decision.
| ||||||
18 | (1) Except in cases of claims against the State of | ||||||
19 | Illinois, in
which case the decision of the Commission | ||||||
20 | shall not be subject to
judicial review, the Circuit Court | ||||||
21 | of the county where any of the
parties defendant may be | ||||||
22 | found, or if none of the parties defendant can
be found in | ||||||
23 | this State then the Circuit Court of the county where the
| ||||||
24 | accident occurred, shall by summons to the Commission have
| ||||||
25 | power to review all questions of law and fact presented by | ||||||
26 | such record.
| ||||||
27 | A proceeding for review shall be commenced within 20 | ||||||
28 | days of
the receipt of notice of the decision of the | ||||||
29 | Commission. The summons shall
be issued by the clerk of | ||||||
30 | such court upon written request returnable on a
designated | ||||||
31 | return day, not less than 10 or more than 60 days from the | ||||||
32 | date
of issuance thereof, and the written request shall | ||||||
33 | contain the last known
address of other parties in interest | ||||||
34 | and their attorneys of record who are
to be served by |
| |||||||
| |||||||
1 | summons. Service upon any member of the Commission or the
| ||||||
2 | Secretary or the Assistant Secretary thereof shall be | ||||||
3 | service upon the
Commission, and service upon other parties | ||||||
4 | in interest and their attorneys
of record shall be by | ||||||
5 | summons, and such service shall be made upon the
Commission | ||||||
6 | and other parties in interest by mailing notices of the
| ||||||
7 | commencement of the proceedings and the return day of the | ||||||
8 | summons to the
office of the Commission and to the last | ||||||
9 | known place of residence of other
parties in interest or | ||||||
10 | their attorney or attorneys of record. The clerk of
the | ||||||
11 | court issuing the summons shall on the day of issue mail | ||||||
12 | notice of the
commencement of the proceedings which shall | ||||||
13 | be done by mailing a copy of
the summons to the office of | ||||||
14 | the Commission, and a copy of the summons to
the other | ||||||
15 | parties in interest or their attorney or attorneys of | ||||||
16 | record and
the clerk of the court shall make certificate | ||||||
17 | that he has so sent said
notices in pursuance of this | ||||||
18 | Section, which shall be evidence of service on
the | ||||||
19 | Commission and other parties in interest.
| ||||||
20 | The Commission shall not be required to certify the | ||||||
21 | record of their
proceedings to the Circuit Court, unless | ||||||
22 | the party commencing the
proceedings for review in the | ||||||
23 | Circuit Court as above provided, shall pay
to the | ||||||
24 | Commission the sum of 80¢ per page of testimony taken | ||||||
25 | before the
Commission, and 35¢ per page of all other | ||||||
26 | matters contained in such
record, except as otherwise | ||||||
27 | provided by Section 20 of this Act. Payment
for photostatic | ||||||
28 | copies of exhibit shall be extra. It shall be the duty
of | ||||||
29 | the Commission upon such payment, or failure to pay as | ||||||
30 | permitted
under Section 20 of this Act, to prepare a true | ||||||
31 | and correct typewritten
copy of such testimony and a true | ||||||
32 | and correct copy of all other matters
contained in such | ||||||
33 | record and certified to by the Secretary or Assistant
| ||||||
34 | Secretary thereof.
|
| |||||||
| |||||||
1 | In its decision on review the Commission shall | ||||||
2 | determine in each
particular case the amount of the | ||||||
3 | probable cost of the record to be
filed as a part of the | ||||||
4 | summons in that case and no request for a summons
may be | ||||||
5 | filed and no summons shall issue unless the party seeking | ||||||
6 | to review
the decision of the Commission shall exhibit to | ||||||
7 | the clerk of the Circuit
Court proof of payment by filing a | ||||||
8 | receipt showing payment or an affidavit
of the attorney | ||||||
9 | setting forth that payment has been made of the sums so
| ||||||
10 | determined to the Secretary or Assistant Secretary of the | ||||||
11 | Commission,
except as otherwise provided by Section 20 of | ||||||
12 | this Act.
| ||||||
13 | (2) No such summons shall issue unless the one against | ||||||
14 | whom the
Commission shall have rendered an award for the | ||||||
15 | payment of money shall upon
the filing of his written | ||||||
16 | request for such summons file with the clerk of
the court a | ||||||
17 | bond conditioned that if he shall not successfully
| ||||||
18 | prosecute the review, he will pay the award and the costs | ||||||
19 | of the
proceedings in the courts. The amount of the bond | ||||||
20 | shall be fixed by any
member of the Commission and the | ||||||
21 | surety or sureties of the bond shall be
approved by the | ||||||
22 | clerk of the court. The acceptance of the bond by the
clerk | ||||||
23 | of the court shall constitute evidence of his approval of | ||||||
24 | the bond.
| ||||||
25 | Every county, city, town, township, incorporated | ||||||
26 | village, school
district, body politic or municipal | ||||||
27 | corporation against whom the
Commission shall have | ||||||
28 | rendered an award for the payment of money shall
not be | ||||||
29 | required to file a bond to secure the payment of the award | ||||||
30 | and
the costs of the proceedings in the court to authorize | ||||||
31 | the court to
issue such summons.
| ||||||
32 | The court may confirm or set aside the decision of the | ||||||
33 | Commission. If
the decision is set aside and the facts | ||||||
34 | found in the proceedings before
the Commission are |
| |||||||
| |||||||
1 | sufficient, the court may enter such decision as is
| ||||||
2 | justified by law, or may remand the cause to the Commission | ||||||
3 | for further
proceedings and may state the questions | ||||||
4 | requiring further hearing, and
give such other | ||||||
5 | instructions as may be proper. Appeals shall be taken
to | ||||||
6 | the Appellate Court in accordance
with Supreme Court Rules | ||||||
7 | 22(g) and 303. Appeals
shall be taken from the Appellate
| ||||||
8 | Court to the Supreme Court in accordance with Supreme Court | ||||||
9 | Rule 315.
| ||||||
10 | It shall be the duty of the clerk of any court | ||||||
11 | rendering a decision
affecting or affirming an award of the | ||||||
12 | Commission to promptly furnish
the Commission with a copy | ||||||
13 | of such decision, without charge.
| ||||||
14 | The decision of a majority of the members of the panel | ||||||
15 | of the Commission,
shall be considered the decision of the | ||||||
16 | Commission.
| ||||||
17 | (g) Except in the case of a claim against the State of | ||||||
18 | Illinois,
either party may present a certified copy of the | ||||||
19 | award of the
Arbitrator, or a certified copy of the decision of | ||||||
20 | the Commission when
the same has become final, when no | ||||||
21 | proceedings for review are pending,
providing for the payment | ||||||
22 | of compensation according to this Act, to the
Circuit Court of | ||||||
23 | the county in which such accident occurred or either of
the | ||||||
24 | parties are residents, whereupon the court shall enter a | ||||||
25 | judgment
in accordance therewith. In a case where the employer | ||||||
26 | refuses to pay
compensation according to such final award or | ||||||
27 | such final decision upon
which such judgment is entered the | ||||||
28 | court shall in entering judgment
thereon, tax as costs against | ||||||
29 | him the reasonable costs and attorney fees
in the arbitration | ||||||
30 | proceedings and in the court entering the judgment
for the | ||||||
31 | person in whose favor the judgment is entered, which judgment
| ||||||
32 | and costs taxed as therein provided shall, until and unless set | ||||||
33 | aside,
have the same effect as though duly entered in an action | ||||||
34 | duly tried and
determined by the court, and shall with like |
| |||||||
| |||||||
1 | effect, be entered and
docketed. The Circuit Court shall have | ||||||
2 | power at any time upon
application to make any such judgment | ||||||
3 | conform to any modification
required by any subsequent decision | ||||||
4 | of the Supreme Court upon appeal, or
as the result of any | ||||||
5 | subsequent proceedings for review, as provided in
this Act.
| ||||||
6 | Judgment shall not be entered until 15 days' notice of the | ||||||
7 | time and
place of the application for the entry of judgment | ||||||
8 | shall be served upon
the employer by filing such notice with | ||||||
9 | the Commission, which Commission
shall, in case it has on file | ||||||
10 | the address of the employer or the name
and address of its | ||||||
11 | agent upon whom notices may be served, immediately
send a copy | ||||||
12 | of the notice to the employer or such designated agent.
| ||||||
13 | (h) An agreement or award under this Act providing for | ||||||
14 | compensation
in installments, may at any time within 18 months | ||||||
15 | after such agreement
or award be reviewed by the Commission at | ||||||
16 | the request of either the
employer or the employee, on the | ||||||
17 | ground that the disability of the
employee has subsequently | ||||||
18 | recurred, increased, diminished or ended.
| ||||||
19 | However, as to accidents occurring subsequent to July 1, | ||||||
20 | 1955, which
are covered by any agreement or award under this | ||||||
21 | Act providing for
compensation in installments made as a result | ||||||
22 | of such accident, such
agreement or award may at any time | ||||||
23 | within 30 months after such agreement
or award be reviewed by | ||||||
24 | the Commission at the request of either the
employer or the | ||||||
25 | employee on the ground that the disability of the
employee has | ||||||
26 | subsequently recurred, increased, diminished or ended.
| ||||||
27 | On such review, compensation payments may be | ||||||
28 | re-established,
increased, diminished or ended. The Commission | ||||||
29 | shall give 15 days'
notice to the parties of the hearing for | ||||||
30 | review. Any employee, upon any
petition for such review being | ||||||
31 | filed by the employer, shall be entitled
to one day's notice | ||||||
32 | for each 100 miles necessary to be traveled by him in
attending | ||||||
33 | the hearing of the Commission upon the petition, and 3 days in
| ||||||
34 | addition thereto. Such employee shall, at the discretion of the
|
| |||||||
| |||||||
1 | Commission, also be entitled to 5 cents per mile necessarily | ||||||
2 | traveled by
him within the State of Illinois in attending such | ||||||
3 | hearing, not to
exceed a distance of 300 miles, to be taxed by | ||||||
4 | the Commission as costs
and deposited with the petition of the | ||||||
5 | employer.
| ||||||
6 | When compensation which is payable in accordance with an | ||||||
7 | award or
settlement contract approved by the Commission, is | ||||||
8 | ordered paid in a
lump sum by the Commission, no review shall | ||||||
9 | be had as in this paragraph
mentioned.
| ||||||
10 | (i) Each party, upon taking any proceedings or steps | ||||||
11 | whatsoever
before any Arbitrator, Commission or court, shall | ||||||
12 | file with the Commission
his address, or the name and address | ||||||
13 | of any agent upon whom all notices to
be given to such party | ||||||
14 | shall be served, either personally or by registered
mail, | ||||||
15 | addressed to such party or agent at the last address so filed | ||||||
16 | with
the Commission. In the event such party has not filed his | ||||||
17 | address, or the
name and address of an agent as above provided, | ||||||
18 | service of any notice may
be had by filing such notice with the | ||||||
19 | Commission.
| ||||||
20 | (j) Whenever in any proceeding testimony has been taken or | ||||||
21 | a final
decision has been rendered and after the taking of such | ||||||
22 | testimony or
after such decision has become final, the injured | ||||||
23 | employee dies, then in
any subsequent proceedings brought by | ||||||
24 | the personal representative or
beneficiaries of the deceased | ||||||
25 | employee, such testimony in the former
proceeding may be | ||||||
26 | introduced with the same force and effect as though
the witness | ||||||
27 | having so testified were present in person in such
subsequent | ||||||
28 | proceedings and such final decision, if any, shall be taken
as | ||||||
29 | final adjudication of any of the issues which are the same in | ||||||
30 | both
proceedings.
| ||||||
31 | (k) In case where there has been any unreasonable or | ||||||
32 | vexatious delay
of payment or intentional underpayment of | ||||||
33 | compensation, or proceedings
have been instituted or carried on | ||||||
34 | by the one liable to pay the
compensation, which do not present |
| |||||||
| |||||||
1 | a real controversy, but are merely
frivolous or for delay, then | ||||||
2 | the Commission may award compensation
additional to that | ||||||
3 | otherwise payable under this Act equal to 50% of the
amount | ||||||
4 | payable at the time of such award. Failure to pay compensation
| ||||||
5 | in accordance with the provisions of Section 8, paragraph (b) | ||||||
6 | of this
Act, shall be considered unreasonable delay. When | ||||||
7 | determining whether this subsection (k) shall apply, the | ||||||
8 | Commission shall consider whether an arbitrator has determined | ||||||
9 | that the claim is not compensable or whether the employer has | ||||||
10 | made payments under Section 8(j).
| ||||||
11 | (l) If the employee has made written demand for payment of | ||||||
12 | benefits under Section 8(a) or Section 8(b), the employer shall | ||||||
13 | have 14 days after receipt of the demand to set forth in | ||||||
14 | writing the reason for the delay. In the case of demand for | ||||||
15 | payment of medical benefits under Section 8(a), the time for | ||||||
16 | the employer to respond shall not commence until the expiration | ||||||
17 | of the allotted 60 days specified under Section 8.2(d). In case | ||||||
18 | the employer or his insurance carrier shall without good and | ||||||
19 | just cause fail, neglect, refuse, or unreasonably delay the | ||||||
20 | payment of benefits under Section 8(a) or Section 8(b), the | ||||||
21 | Arbitrator or the Commission shall allow to the employee | ||||||
22 | additional compensation in the sum of $30 per day for each day | ||||||
23 | that the benefits under Section 8(a) or Section 8(b) have been | ||||||
24 | so withheld or refused not to exceed $10,000 as well as the | ||||||
25 | costs of litigation. A delay in payment of 14 days or more | ||||||
26 | shall create a rebuttable presumption of unreasonable delay.
In | ||||||
27 | case the employer or his insurance carrier shall without good
| ||||||
28 | and just cause fail, neglect, refuse or unreasonably delay the | ||||||
29 | payment
of weekly compensation benefits due to an injured | ||||||
30 | employee during the
period of temporary total disability the | ||||||
31 | arbitrator or the Commission
shall allow to the employee | ||||||
32 | additional compensation in the sum of $10
per day for each day | ||||||
33 | that a weekly compensation payment has been so
withheld or | ||||||
34 | refused, provided that such additional compensation shall
not |
| |||||||
| |||||||
1 | exceed the sum of $2,500. A delay in payment of 14 days or more
| ||||||
2 | shall create a rebuttable presumption of unreasonable delay.
| ||||||
3 | (m) If the commission finds that an accidental injury was | ||||||
4 | directly
and proximately caused by the employer's wilful | ||||||
5 | violation of a health
and safety standard under the Health and | ||||||
6 | Safety Act in force at the time of the
accident, the arbitrator | ||||||
7 | or the Commission shall allow to the injured
employee or his | ||||||
8 | dependents, as the case may be, additional compensation
equal | ||||||
9 | to 25% of the amount which otherwise would be payable under the
| ||||||
10 | provisions of this Act exclusive of this paragraph. The | ||||||
11 | additional
compensation herein provided shall be allowed by an | ||||||
12 | appropriate increase
in the applicable weekly compensation | ||||||
13 | rate.
| ||||||
14 | (n) After June 30, 1984, decisions of the Illinois Workers' | ||||||
15 | Compensation Commission
reviewing an award of an arbitrator of | ||||||
16 | the Commission shall draw interest
at a rate equal to the yield | ||||||
17 | on indebtedness issued by the United States
Government with a | ||||||
18 | 26-week maturity next previously auctioned on the day on
which | ||||||
19 | the decision is filed. Said rate of interest shall be set forth | ||||||
20 | in
the Arbitrator's Decision. Interest shall be drawn from the | ||||||
21 | date of the
arbitrator's award on all accrued compensation due | ||||||
22 | the employee through the
day prior to the date of payments. | ||||||
23 | However, when an employee appeals an
award of an Arbitrator or | ||||||
24 | the Commission, and the appeal results in no
change or a | ||||||
25 | decrease in the award, interest shall not further accrue from
| ||||||
26 | the date of such appeal.
| ||||||
27 | The employer or his insurance carrier may tender the | ||||||
28 | payments due under
the award to stop the further accrual of | ||||||
29 | interest on such award
notwithstanding the prosecution by | ||||||
30 | either party of review, certiorari,
appeal to the Supreme Court | ||||||
31 | or other steps to reverse, vacate or modify
the award.
| ||||||
32 | (o) By the 15th day of each month each insurer providing | ||||||
33 | coverage for
losses under this Act shall notify each insured | ||||||
34 | employer of any compensable
claim incurred during the preceding |
| |||||||
| |||||||
1 | month and the amounts paid or reserved
on the claim including a | ||||||
2 | summary of the claim and a brief statement of the
reasons for | ||||||
3 | compensability. A cumulative report of all claims incurred
| ||||||
4 | during a calendar year or continued from the previous year | ||||||
5 | shall be
furnished to the insured employer by the insurer | ||||||
6 | within 30 days after the
end of that calendar year.
| ||||||
7 | The insured employer may challenge, in proceeding before | ||||||
8 | the Commission,
payments made by the insurer without | ||||||
9 | arbitration and payments
made after a case is determined to be | ||||||
10 | noncompensable. If the Commission
finds that the case was not | ||||||
11 | compensable, the insurer shall purge its records
as to that | ||||||
12 | employer of any loss or expense associated with the claim, | ||||||
13 | reimburse
the employer for attorneys' fees arising from the | ||||||
14 | challenge and for any
payment required of the employer to the | ||||||
15 | Rate Adjustment Fund or the
Second Injury Fund, and may not | ||||||
16 | reflect the loss or expense for rate making
purposes. The | ||||||
17 | employee shall not be required to refund the challenged
| ||||||
18 | payment. The decision of the Commission may be reviewed in the | ||||||
19 | same manner
as in arbitrated cases. No challenge may be | ||||||
20 | initiated under this paragraph
more than 3 years after the | ||||||
21 | payment is made. An employer may waive the
right of challenge | ||||||
22 | under this paragraph on a case by case basis.
| ||||||
23 | (p) After filing an application for adjustment of claim but | ||||||
24 | prior to
the hearing on arbitration the parties may voluntarily | ||||||
25 | agree to submit such
application for adjustment of claim for | ||||||
26 | decision by an arbitrator under
this subsection (p) where such | ||||||
27 | application for adjustment of claim raises
only a dispute over | ||||||
28 | temporary total disability, permanent partial
disability or | ||||||
29 | medical expenses. Such agreement shall be in writing in such
| ||||||
30 | form as provided by the Commission. Applications for adjustment | ||||||
31 | of claim
submitted for decision by an arbitrator under this | ||||||
32 | subsection (p) shall
proceed according to rule as established | ||||||
33 | by the Commission. The Commission
shall promulgate rules | ||||||
34 | including, but not limited to, rules to ensure that
the parties |
| |||||||
| |||||||
1 | are adequately informed of their rights under this subsection
| ||||||
2 | (p) and of the voluntary nature of proceedings under this | ||||||
3 | subsection (p).
The findings of fact made by an arbitrator | ||||||
4 | acting within his or her powers
under this subsection (p) in | ||||||
5 | the absence of fraud shall be conclusive.
However, the | ||||||
6 | arbitrator may on his own motion, or the motion of either
| ||||||
7 | party, correct any clerical errors or errors in computation | ||||||
8 | within 15 days
after the date of receipt of such award of the | ||||||
9 | arbitrator
and shall have the power to recall the original | ||||||
10 | award on arbitration, and
issue in lieu thereof such corrected | ||||||
11 | award.
The decision of the arbitrator under this subsection (p) | ||||||
12 | shall be
considered the decision of the Commission and | ||||||
13 | proceedings for review of
questions of law arising from the | ||||||
14 | decision may be commenced by either party
pursuant to | ||||||
15 | subsection (f) of Section 19. The Advisory Board established
| ||||||
16 | under Section 13.1 shall compile a list of certified Commission
| ||||||
17 | arbitrators, each of whom shall be approved by at least 7 | ||||||
18 | members of the
Advisory Board. The chairman shall select 5 | ||||||
19 | persons from such list to
serve as arbitrators under this | ||||||
20 | subsection (p). By agreement, the parties
shall select one | ||||||
21 | arbitrator from among the 5 persons selected by the
chairman | ||||||
22 | except that if the parties do not agree on an arbitrator from
| ||||||
23 | among the 5 persons, the parties may, by agreement, select an | ||||||
24 | arbitrator of
the American Arbitration Association, whose fee | ||||||
25 | shall be paid by the State
in accordance with rules promulgated | ||||||
26 | by the Commission. Arbitration under
this subsection (p) shall | ||||||
27 | be voluntary.
| ||||||
28 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
29 | Section 10. The Workers' Occupational Diseases Act is | ||||||
30 | amended by
adding Section 8.1 and changing Section 19 as | ||||||
31 | follows:
| ||||||
32 | (820 ILCS 310/8.1 new)
|
| |||||||
| |||||||
1 | Sec. 8.1. Ineligibility for benefits. Any person convicted | ||||||
2 | of insurance fraud related to compensation for an occupational | ||||||
3 | disease shall be subject to the penalties prescribed in | ||||||
4 | Sections 46-1, 46-2, 46-3, and 46-6 of the Criminal Code of | ||||||
5 | 1961. Any person convicted of committing insurance fraud | ||||||
6 | related to compensation for an occupational disease pursuant to | ||||||
7 | Section 46-1, 46-2, or 46-3 of the Criminal Code of 1961 shall | ||||||
8 | be ineligible to receive or retain any compensation, | ||||||
9 | disability, or medical benefits as defined in this Act if the | ||||||
10 | compensation, disability, or medical benefits were owed or | ||||||
11 | received as a result of a violation of Section 46-1, 46-2, or | ||||||
12 | 46-3 of the Criminal Code of 1961 for which the recipient of | ||||||
13 | the compensation, disability, or medical benefit was | ||||||
14 | convicted.
| ||||||
15 | (820 ILCS 310/19) (from Ch. 48, par. 172.54)
| ||||||
16 | Sec. 19. Any disputed questions of law or fact shall be | ||||||
17 | determined as
herein provided.
| ||||||
18 | (a) It shall be the duty of the Commission upon | ||||||
19 | notification that
the parties have failed to reach an agreement | ||||||
20 | to designate an
Arbitrator.
| ||||||
21 | (1) The application for adjustment of claim filed with | ||||||
22 | the
Commission shall state:
| ||||||
23 | A. The approximate date of the last day of the last | ||||||
24 | exposure and the
approximate date of the disablement.
| ||||||
25 | B. The general nature and character of the illness | ||||||
26 | or disease
claimed.
| ||||||
27 | C. The name and address of the employer by whom | ||||||
28 | employed on the last
day of the last exposure and if | ||||||
29 | employed by any other employer after
such last exposure | ||||||
30 | and before disablement the name and address of such
| ||||||
31 | other employer or employers.
| ||||||
32 | D. In case of death, the date and place of death.
| ||||||
33 | (2) Amendments to applications for adjustment of claim |
| |||||||
| |||||||
1 | which relate
to the same disablement or disablement | ||||||
2 | resulting in death originally
claimed upon may be allowed | ||||||
3 | by the Commissioner or an Arbitrator
thereof, in their | ||||||
4 | discretion, and in the exercise of such discretion,
they | ||||||
5 | may in proper cases order a trial de novo; such amendment | ||||||
6 | shall
relate back to the date of the filing of the original | ||||||
7 | application so
amended.
| ||||||
8 | (3) Whenever any claimant misconceives his remedy and | ||||||
9 | files an
application for adjustment of claim under this Act | ||||||
10 | and it is
subsequently discovered, at any time before final | ||||||
11 | disposition of such
cause, that the claim for disability or | ||||||
12 | death which was the basis for
such application should | ||||||
13 | properly have been made under the Workers'
Compensation | ||||||
14 | Act, then the provisions of Section 19 paragraph (a-1) of
| ||||||
15 | the Workers' Compensation Act having reference to such | ||||||
16 | application shall
apply.
| ||||||
17 | Whenever any claimant misconceives his remedy and | ||||||
18 | files an
application for adjustment of claim under the | ||||||
19 | Workers' Compensation Act
and it is subsequently | ||||||
20 | discovered, at any time before final disposition
of such | ||||||
21 | cause that the claim for injury or death which was the | ||||||
22 | basis for
such application should properly have been made | ||||||
23 | under this Act, then the
application so filed under the | ||||||
24 | Workers' Compensation Act may be amended
in form, substance | ||||||
25 | or both to assert claim for such disability or death
under | ||||||
26 | this Act and it shall be deemed to have been so filed as | ||||||
27 | amended
on the date of the original filing thereof, and | ||||||
28 | such compensation may be
awarded as is warranted by the | ||||||
29 | whole evidence pursuant to the provisions
of this Act. When | ||||||
30 | such amendment is submitted, further or additional
| ||||||
31 | evidence may be heard by the Arbitrator or Commission when | ||||||
32 | deemed
necessary; provided, that nothing in this Section | ||||||
33 | contained shall be
construed to be or permit a waiver of | ||||||
34 | any provisions of this Act with
reference to notice, but |
| |||||||
| |||||||
1 | notice if given shall be deemed to be a notice
under the | ||||||
2 | provisions of this Act if given within the time required
| ||||||
3 | herein.
| ||||||
4 | (b) The Arbitrator shall make such inquiries and | ||||||
5 | investigations as he
shall deem necessary and may examine and | ||||||
6 | inspect all books, papers,
records, places, or premises | ||||||
7 | relating to the questions in dispute and hear
such proper | ||||||
8 | evidence as the parties may submit.
| ||||||
9 | The hearings before the Arbitrator shall be held in the | ||||||
10 | vicinity where
the last exposure occurred, after 10 days' | ||||||
11 | notice of the time and place of
such hearing shall have been | ||||||
12 | given to each of the parties or their attorneys of record.
| ||||||
13 | The Arbitrator may find that the disabling condition is | ||||||
14 | temporary and has
not yet reached a permanent condition and may | ||||||
15 | order the payment of
compensation up to the date of the | ||||||
16 | hearing, which award shall be reviewable
and enforceable in the | ||||||
17 | same manner as other awards, and in no instance be a
bar to a | ||||||
18 | further hearing and determination of a further amount of | ||||||
19 | temporary
total compensation or of compensation for permanent | ||||||
20 | disability, but shall
be conclusive as to all other questions | ||||||
21 | except the nature and extent of such
disability.
| ||||||
22 | The decision of the Arbitrator shall be filed with the | ||||||
23 | Commission which
Commission shall immediately send to each | ||||||
24 | party or his attorney a copy of
such decision, together with a | ||||||
25 | notification of the time when it was filed.
Beginning January | ||||||
26 | 1, 2006
1981 , all decisions of the Arbitrator shall set forth
| ||||||
27 | in writing findings of fact and conclusions of law, separately | ||||||
28 | stated , if requested by either party .
Unless a petition for | ||||||
29 | review is filed by either party within 30 days after
the | ||||||
30 | receipt by such party of the copy of the decision and | ||||||
31 | notification of
time when filed, and unless such party | ||||||
32 | petitioning for a review shall
within 35 days after the receipt | ||||||
33 | by him of the copy of the decision, file
with the Commission | ||||||
34 | either an agreed statement of the facts appearing upon
the |
| |||||||
| |||||||
1 | hearing before the Arbitrator, or if such party shall so elect | ||||||
2 | a
correct transcript of evidence of the proceedings at such | ||||||
3 | hearings, then
the decision shall become the decision of the | ||||||
4 | Commission and in the absence
of fraud shall be conclusive. The | ||||||
5 | Petition for Review shall contain a
statement of the | ||||||
6 | petitioning party's specific exceptions to the decision of
the | ||||||
7 | arbitrator. The jurisdiction of the Commission to review the | ||||||
8 | decision
of the arbitrator shall not be limited to the | ||||||
9 | exceptions stated in the
Petition for Review. The Commission, | ||||||
10 | or any member thereof, may grant
further time not exceeding 30 | ||||||
11 | days, in which to file such agreed statement
or transcript of | ||||||
12 | evidence. Such agreed statement of facts or correct
transcript | ||||||
13 | of evidence, as the case may be, shall be authenticated by the
| ||||||
14 | signatures of the parties or their attorneys, and in the event | ||||||
15 | they do not
agree as to the correctness of the transcript of | ||||||
16 | evidence it shall be
authenticated by the signature of the | ||||||
17 | Arbitrator designated by the Commission.
| ||||||
18 | Whether the employee is working or not, if the employee is | ||||||
19 | not receiving or
has not received medical, surgical, or | ||||||
20 | hospital services or
other services or compensation as provided | ||||||
21 | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | ||||||
22 | or
compensation as provided in paragraph (b) of Section 8 of | ||||||
23 | the Workers' Compensation
Act, the employee may at any
time | ||||||
24 | petition for an expedited hearing by an Arbitrator on the issue | ||||||
25 | of whether
or not he or she is entitled to receive payment of | ||||||
26 | the services or
compensation. The hearing shall have priority | ||||||
27 | over all other petitions and
shall be heard by the Arbitrator | ||||||
28 | and Commission with all convenient speed. The
employee shall | ||||||
29 | give notice of a request for an expedited hearing under this
| ||||||
30 | paragraph. A copy of the application for adjustment of claim | ||||||
31 | shall be attached
to the notice. The Commission shall adopt | ||||||
32 | rules and procedures under which the
final decision under this | ||||||
33 | paragraph is filed not later than 180 days from the
date of the | ||||||
34 | first hearing.
|
| |||||||
| |||||||
1 | (b-1) If the employee is not receiving, pursuant to Section | ||||||
2 | 7, medical,
surgical or hospital services of the type provided | ||||||
3 | for in paragraph (a) of
Section 8 of the Workers' Compensation | ||||||
4 | Act or compensation of the type
provided for in paragraph (b) | ||||||
5 | of Section 8 of the Workers' Compensation
Act, the employee, in | ||||||
6 | accordance with Commission Rules, may file a petition
for an | ||||||
7 | emergency hearing by an Arbitrator on the issue of whether or | ||||||
8 | not he
is entitled to receive payment of such compensation or | ||||||
9 | services as provided
therein. Such petition shall have priority | ||||||
10 | over all other petitions and
shall be heard by the Arbitrator | ||||||
11 | and Commission with all convenient speed.
| ||||||
12 | Such petition shall contain the following information and | ||||||
13 | shall be served
on the employer at least 15 days before it is | ||||||
14 | filed:
| ||||||
15 | (i) the date and approximate time of the last exposure;
| ||||||
16 | (ii) the approximate location of the last exposure;
| ||||||
17 | (iii) a description of the last exposure;
| ||||||
18 | (iv) the nature of the disability incurred by the | ||||||
19 | employee;
| ||||||
20 | (v) the identity of the person, if known, to whom the | ||||||
21 | disability was
reported and the date on which it was | ||||||
22 | reported;
| ||||||
23 | (vi) the name and title of the person, if known, | ||||||
24 | representing the
employer with whom the employee conferred | ||||||
25 | in any effort to obtain pursuant
to Section 7 compensation | ||||||
26 | of the type provided for in paragraph (b) of
Section 8 of | ||||||
27 | the Workers' Compensation Act or medical, surgical or | ||||||
28 | hospital
services of the type provided for in paragraph (a) | ||||||
29 | of Section 8 of the
Workers' Compensation Act and the date | ||||||
30 | of such conference;
| ||||||
31 | (vii) a statement that the employer has refused to pay | ||||||
32 | compensation
pursuant to Section 7 of the type provided for | ||||||
33 | in paragraph (b) of Section
8 of the Workers' Compensation | ||||||
34 | Act or for medical, surgical
or hospital services pursuant |
| |||||||
| |||||||
1 | to Section 7 of the type provided for in
paragraph (a) of | ||||||
2 | Section 8 of the Workers' Compensation Act;
| ||||||
3 | (viii) the name and address, if known, of each witness | ||||||
4 | to the last
exposure and of each other person upon whom the | ||||||
5 | employee will rely to
support his allegations;
| ||||||
6 | (ix) the dates of treatment related to the disability | ||||||
7 | by medical
practitioners, and the names and addresses of | ||||||
8 | such practitioners, including
the dates of treatment | ||||||
9 | related to the disability at any hospitals and the
names | ||||||
10 | and addresses of such hospitals, and a signed authorization
| ||||||
11 | permitting the employer to examine all medical records of | ||||||
12 | all practitioners
and hospitals named pursuant to this | ||||||
13 | paragraph;
| ||||||
14 | (x) a copy of a signed report by a medical | ||||||
15 | practitioner, relating to the
employee's current inability | ||||||
16 | to return to work because of the disability
incurred as a | ||||||
17 | result of the exposure or such other documents or | ||||||
18 | affidavits
which show that the employee is entitled to | ||||||
19 | receive pursuant to Section 7
compensation of the type | ||||||
20 | provided for in paragraph (b) of Section 8 of the
Workers' | ||||||
21 | Compensation Act or medical, surgical or hospital services | ||||||
22 | of the
type provided for in paragraph (a) of Section 8 of | ||||||
23 | the Workers'
Compensation Act. Such reports, documents or | ||||||
24 | affidavits shall state, if
possible, the history of the | ||||||
25 | exposure given by the employee, and describe
the disability | ||||||
26 | and medical diagnosis, the medical services for such
| ||||||
27 | disability which the employee has received and is | ||||||
28 | receiving, the physical
activities which the employee | ||||||
29 | cannot currently perform as a result of such
disability, | ||||||
30 | and the prognosis for recovery;
| ||||||
31 | (xi) complete copies of any reports, records, | ||||||
32 | documents and affidavits
in the possession of the employee | ||||||
33 | on which the employee will rely to
support his allegations, | ||||||
34 | provided that the employer shall pay the
reasonable cost of |
| |||||||
| |||||||
1 | reproduction thereof;
| ||||||
2 | (xii) a list of any reports, records, documents and | ||||||
3 | affidavits which
the employee has demanded by subpoena and | ||||||
4 | on which he intends to
rely to support his allegations;
| ||||||
5 | (xiii) a certification signed by the employee or his | ||||||
6 | representative that
the employer has received the petition | ||||||
7 | with the required information 15
days before filing.
| ||||||
8 | Fifteen days after receipt by the employer of the petition | ||||||
9 | with the
required information the employee may file said | ||||||
10 | petition and required
information and shall serve notice of the | ||||||
11 | filing upon the employer. The
employer may file a motion | ||||||
12 | addressed to the sufficiency of the petition.
If an objection | ||||||
13 | has been filed to the sufficiency of the petition, the
| ||||||
14 | arbitrator shall rule on the objection within 2 working days. | ||||||
15 | If such an
objection is filed, the time for filing the final | ||||||
16 | decision of the Commission
as provided in this paragraph shall | ||||||
17 | be tolled until the arbitrator has
determined that the petition | ||||||
18 | is sufficient.
| ||||||
19 | The employer shall, within 15 days after receipt of the | ||||||
20 | notice that such
petition is filed, file with the Commission | ||||||
21 | and serve on the employee or
his representative a written | ||||||
22 | response to each claim set
forth in the petition, including the | ||||||
23 | legal and factual basis for each
disputed allegation and the | ||||||
24 | following information: (i)
complete copies of any reports, | ||||||
25 | records, documents and affidavits
in the possession of the | ||||||
26 | employer on which the employer intends to rely in
support of | ||||||
27 | his response, (ii) a list of any reports, records, documents | ||||||
28 | and
affidavits which the employer has demanded by subpoena and | ||||||
29 | on which the
employer intends to rely in support of his | ||||||
30 | response, (iii) the name and address
of each witness on whom | ||||||
31 | the employer will rely to support his response,
and (iv) the | ||||||
32 | names and addresses of any medical practitioners
selected by | ||||||
33 | the employer pursuant to Section 12 of this Act and the time
| ||||||
34 | and place of any examination scheduled to be made pursuant to |
| |||||||
| |||||||
1 | such Section.
| ||||||
2 | Any employer who does not timely file and serve a written | ||||||
3 | response
without good cause may not introduce any evidence to | ||||||
4 | dispute any claim of
the employee but may cross examine the | ||||||
5 | employee or any witness brought by
the employee and otherwise | ||||||
6 | be heard.
| ||||||
7 | No document or other evidence not previously identified by | ||||||
8 | either party
with the petition or written response, or by any | ||||||
9 | other means before the
hearing, may be introduced into evidence | ||||||
10 | without good cause. If, at the
hearing, material information is | ||||||
11 | discovered which was not previously
disclosed, the Arbitrator | ||||||
12 | may extend the time for closing proof on the
motion of a party | ||||||
13 | for a reasonable period of time which may be more than 30
days. | ||||||
14 | No evidence may be introduced pursuant to this paragraph as to
| ||||||
15 | permanent disability. No award may be entered for permanent | ||||||
16 | disability
pursuant to this paragraph. Either party may | ||||||
17 | introduce into evidence the
testimony taken by deposition of | ||||||
18 | any medical practitioner.
| ||||||
19 | The Commission shall adopt rules, regulations and | ||||||
20 | procedures whereby
the final decision of the Commission is | ||||||
21 | filed not later than 90 days from
the date the petition for | ||||||
22 | review is filed but in no event later than 180
days from the | ||||||
23 | date the petition for an emergency hearing is filed with the
| ||||||
24 | Illinois Workers' Compensation Commission.
| ||||||
25 | All service required pursuant to this paragraph (b-1) must | ||||||
26 | be by personal
service or by certified mail and with evidence | ||||||
27 | of receipt. In addition,
for the purposes of this paragraph, | ||||||
28 | all service on the employer must be at
the premises where the | ||||||
29 | accident occurred if the premises are owned or
operated by the | ||||||
30 | employer. Otherwise service must be at the employee's
principal | ||||||
31 | place of employment by the employer. If service on the employer
| ||||||
32 | is not possible at either of the above, then service shall be | ||||||
33 | at the
employer's principal place of business. After initial | ||||||
34 | service in each case,
service shall be made on the employer's |
| |||||||
| |||||||
1 | attorney or designated representative.
| ||||||
2 | (c) (1) At a reasonable time in advance of and in | ||||||
3 | connection with the
hearing under Section 19(e) or 19(h), the | ||||||
4 | Commission may on its own motion
order an impartial physical or | ||||||
5 | mental examination of a petitioner whose
mental or physical | ||||||
6 | condition is in issue, when in the Commission's
discretion it | ||||||
7 | appears that such an examination will materially aid in the
| ||||||
8 | just determination of the case. The examination shall be made | ||||||
9 | by a member
or members of a panel of physicians chosen for | ||||||
10 | their special qualifications
by the Illinois State Medical | ||||||
11 | Society. The Commission shall establish
procedures by which a | ||||||
12 | physician shall be selected from such list.
| ||||||
13 | (2) Should the Commission at any time during the hearing | ||||||
14 | find that
compelling considerations make it advisable to have | ||||||
15 | an examination and
report at that time, the Commission may in | ||||||
16 | its discretion so order.
| ||||||
17 | (3) A copy of the report of examination shall be given to | ||||||
18 | the Commission
and to the attorneys for the parties.
| ||||||
19 | (4) Either party or the Commission may call the examining | ||||||
20 | physician
or physicians to testify. Any physician so called | ||||||
21 | shall be subject to
cross-examination.
| ||||||
22 | (5) The examination shall be made, and the physician or | ||||||
23 | physicians,
if called, shall testify, without cost to the | ||||||
24 | parties. The Commission shall
determine the compensation and | ||||||
25 | the pay of the physician or physicians. The
compensation for | ||||||
26 | this service shall not exceed the usual and customary amount
| ||||||
27 | for such service.
| ||||||
28 | The fees and payment thereof of all attorneys and | ||||||
29 | physicians for
services authorized by the Commission under this | ||||||
30 | Act shall, upon request
of either the employer or the employee | ||||||
31 | or the beneficiary affected, be
subject to the review and | ||||||
32 | decision of the Commission.
| ||||||
33 | (d) If any employee shall persist in insanitary or | ||||||
34 | injurious
practices which tend to either imperil or retard his |
| |||||||
| |||||||
1 | recovery or shall
refuse to submit to such medical, surgical, | ||||||
2 | or hospital treatment as is
reasonably essential to promote his | ||||||
3 | recovery, the Commission may, in its
discretion, reduce or | ||||||
4 | suspend the compensation of any such employee;
provided, that | ||||||
5 | when an employer and employee so agree in writing, the
| ||||||
6 | foregoing provision shall not be construed to authorize the | ||||||
7 | reduction or
suspension of compensation of an employee who is | ||||||
8 | relying in good faith,
on treatment by prayer or spiritual | ||||||
9 | means alone, in accordance with the
tenets and practice of a | ||||||
10 | recognized church or religious denomination, by
a duly | ||||||
11 | accredited practitioner thereof.
| ||||||
12 | (e) This paragraph shall apply to all hearings before the | ||||||
13 | Commission.
Such hearings may be held in its office or | ||||||
14 | elsewhere as the Commission may
deem advisable. The taking of | ||||||
15 | testimony on such hearings may be had before
any member of the | ||||||
16 | Commission. If a petition for review and agreed statement
of | ||||||
17 | facts or transcript of evidence is filed, as provided herein, | ||||||
18 | the
Commission shall promptly review the decision of the | ||||||
19 | Arbitrator and all
questions of law or fact which appear from | ||||||
20 | the statement of facts or
transcripts of evidence. In all cases | ||||||
21 | in which the hearing before the
arbitrator is held after the | ||||||
22 | effective date of this amendatory Act of 1989,
no additional | ||||||
23 | evidence shall be introduced by the parties before the
| ||||||
24 | Commission on review of the decision of the Arbitrator. The | ||||||
25 | Commission
shall file in its office its decision thereon, and | ||||||
26 | shall immediately send
to each party or his attorney a copy of | ||||||
27 | such decision and a notification of
the time when it was filed. | ||||||
28 | Decisions shall be filed within 60 days after
the Statement of | ||||||
29 | Exceptions and Supporting Brief and Response thereto are
| ||||||
30 | required to be filed or oral argument whichever is later.
| ||||||
31 | In the event either party requests oral argument, such | ||||||
32 | argument shall be
had before a panel of 3 members of the | ||||||
33 | Commission (or before all available
members pursuant to the | ||||||
34 | determination of 5 members of the Commission that
such argument |
| |||||||
| |||||||
1 | be held before all available members of the Commission)
| ||||||
2 | pursuant to the rules and regulations of the Commission. A | ||||||
3 | panel of 3
members, which shall be comprised of not more than | ||||||
4 | one representative
citizen of the employing class and not more | ||||||
5 | than one representative citizen
of the employee class, shall | ||||||
6 | hear the argument; provided that if all the
issues in dispute | ||||||
7 | are solely the nature and extent of the permanent partial
| ||||||
8 | disability, if any, a majority of the panel may deny the | ||||||
9 | request for such
argument and such argument shall not be held; | ||||||
10 | and provided further that 5
members of the Commission may | ||||||
11 | determine that the argument be held before
all available | ||||||
12 | members of the Commission. A decision of the Commission shall
| ||||||
13 | be approved by a majority of Commissioners present at such | ||||||
14 | hearing if any;
provided, if no such hearing is held, a | ||||||
15 | decision of the Commission shall be
approved by a majority of a | ||||||
16 | panel of 3 members of the Commission as
described in this | ||||||
17 | Section. The Commission shall give 10 days' notice to the
| ||||||
18 | parties or their attorneys of the time and place of such taking | ||||||
19 | of
testimony and of such argument.
| ||||||
20 | In any case the Commission in its decision may in its | ||||||
21 | discretion find
specially upon any question or questions of law | ||||||
22 | or facts which shall be
submitted in writing by either party | ||||||
23 | whether ultimate or otherwise;
provided that on issues other | ||||||
24 | than nature and extent of the disablement,
if any, the | ||||||
25 | Commission in its decision shall find specially upon any
| ||||||
26 | question or questions of law or fact, whether ultimate or | ||||||
27 | otherwise,
which are submitted in writing by either party; | ||||||
28 | provided further that
not more than 5 such questions may be | ||||||
29 | submitted by either party. Any
party may, within 20 days after | ||||||
30 | receipt of notice of the Commission's
decision, or within such | ||||||
31 | further time, not exceeding 30 days, as the
Commission may | ||||||
32 | grant, file with the Commission either an agreed
statement of | ||||||
33 | the facts appearing upon the hearing, or, if such party
shall | ||||||
34 | so elect, a correct transcript of evidence of the additional
|
| |||||||
| |||||||
1 | proceedings presented before the Commission in which report the | ||||||
2 | party
may embody a correct statement of such other proceedings | ||||||
3 | in the case as
such party may desire to have reviewed, such | ||||||
4 | statement of facts or
transcript of evidence to be | ||||||
5 | authenticated by the signature of the
parties or their | ||||||
6 | attorneys, and in the event that they do not agree,
then the | ||||||
7 | authentication of such transcript of evidence shall be by the
| ||||||
8 | signature of any member of the Commission.
| ||||||
9 | If a reporter does not for any reason furnish a transcript | ||||||
10 | of the
proceedings before the Arbitrator in any case for use on | ||||||
11 | a hearing for
review before the Commission, within the | ||||||
12 | limitations of time as fixed in
this Section, the Commission | ||||||
13 | may, in its discretion, order a trial de
novo before the | ||||||
14 | Commission in such case upon application of either
party. The | ||||||
15 | applications for adjustment of claim and other documents in
the | ||||||
16 | nature of pleadings filed by either party, together with the
| ||||||
17 | decisions of the Arbitrator and of the Commission and the | ||||||
18 | statement of
facts or transcript of evidence hereinbefore | ||||||
19 | provided for in paragraphs
(b) and (c) shall be the record of | ||||||
20 | the proceedings of the Commission,
and shall be subject to | ||||||
21 | review as hereinafter provided.
| ||||||
22 | At the request of either party or on its own motion, the | ||||||
23 | Commission shall
set forth in writing the reasons for the | ||||||
24 | decision, including findings of
fact and conclusions of law, | ||||||
25 | separately stated. The Commission shall by
rule adopt a format | ||||||
26 | for written decisions for the Commission and
arbitrators. The | ||||||
27 | written decisions shall be concise and shall succinctly
state | ||||||
28 | the facts and reasons for the decision. The Commission may | ||||||
29 | adopt in
whole or in part, the decision of the arbitrator as | ||||||
30 | the decision of the
Commission. When the Commission does so | ||||||
31 | adopt the decision of the
arbitrator, it shall do so by order. | ||||||
32 | Whenever the Commission adopts part of
the arbitrator's | ||||||
33 | decision, but not all, it shall include in the order the
| ||||||
34 | reasons for not adopting all of the arbitrator's decision. When |
| |||||||
| |||||||
1 | a majority
of a panel, after deliberation, has arrived at its | ||||||
2 | decision, the decision
shall be filed as provided in this | ||||||
3 | Section without unnecessary delay, and
without regard to the | ||||||
4 | fact that a member of the panel has expressed an
intention to | ||||||
5 | dissent. Any member of the panel may file a dissent. Any
| ||||||
6 | dissent shall be filed no later than 10 days after the decision | ||||||
7 | of the
majority has been filed.
| ||||||
8 | Decisions rendered by the Commission after the effective | ||||||
9 | date of this
amendatory Act of 1980 and dissents, if any, shall | ||||||
10 | be published
together by the Commission. The conclusions
of law | ||||||
11 | set out in such decisions shall be regarded as precedents
by | ||||||
12 | arbitrators, for the purpose of achieving
a more uniform | ||||||
13 | administration of this Act.
| ||||||
14 | (f) The decision of the Commission acting within its | ||||||
15 | powers,
according to the provisions of paragraph (e) of this | ||||||
16 | Section shall, in
the absence of fraud, be conclusive unless | ||||||
17 | reviewed as in this paragraph
hereinafter provided. However, | ||||||
18 | the Arbitrator or the Commission may on
his or its own motion, | ||||||
19 | or on the motion of either party, correct any
clerical error or | ||||||
20 | errors in computation within 15 days after the date of
receipt | ||||||
21 | of any award by such Arbitrator or any decision on review of | ||||||
22 | the
Commission, and shall have the power to recall the original | ||||||
23 | award on
arbitration or decision on review, and issue in lieu | ||||||
24 | thereof such
corrected award or decision. Where such correction | ||||||
25 | is made the time for
review herein specified shall begin to run | ||||||
26 | from the date of
the receipt of the corrected award or | ||||||
27 | decision.
| ||||||
28 | (1) Except in cases of claims against the State of | ||||||
29 | Illinois, in
which case the decision of the Commission | ||||||
30 | shall not be subject to
judicial review, the Circuit Court | ||||||
31 | of the county where any of the
parties defendant may be | ||||||
32 | found, or if none of the parties defendant be
found in this | ||||||
33 | State then the Circuit Court of the county where any of
the | ||||||
34 | exposure occurred, shall by summons to the Commission
have |
| |||||||
| |||||||
1 | power to review all questions of law and fact presented by | ||||||
2 | such
record.
| ||||||
3 | A proceeding for review shall be commenced within 20 | ||||||
4 | days of the
receipt of notice of the decision of the | ||||||
5 | Commission. The summons shall be
issued by the clerk of | ||||||
6 | such court upon written request returnable on a
designated | ||||||
7 | return day, not less than 10 or more than 60 days from the | ||||||
8 | date
of issuance thereof, and the written request shall | ||||||
9 | contain the last known
address of other parties in interest | ||||||
10 | and their attorneys of record who are
to be served by | ||||||
11 | summons. Service upon any member of the Commission or the
| ||||||
12 | Secretary or the Assistant Secretary thereof shall be | ||||||
13 | service upon the
Commission, and service upon other parties | ||||||
14 | in interest and their attorneys
of record shall be by | ||||||
15 | summons, and such service shall be made upon the
Commission | ||||||
16 | and other parties in interest by mailing notices of the
| ||||||
17 | commencement of the proceedings and the return day of the | ||||||
18 | summons to the
office of the Commission and to the last | ||||||
19 | known place of residence of
other parties in interest or | ||||||
20 | their attorney or attorneys of record. The
clerk of the | ||||||
21 | court issuing the summons shall on the day of issue mail | ||||||
22 | notice
of the commencement of the proceedings which shall | ||||||
23 | be done by mailing a
copy of the summons to the office of | ||||||
24 | the Commission, and a copy of the
summons to the other | ||||||
25 | parties in interest or their attorney or
attorneys of | ||||||
26 | record and the clerk of the court shall make certificate
| ||||||
27 | that he has so sent such notices in pursuance of this | ||||||
28 | Section, which
shall be evidence of service on the | ||||||
29 | Commission and other parties in
interest.
| ||||||
30 | The Commission shall not be required to certify the | ||||||
31 | record of their
proceedings in the Circuit Court unless the | ||||||
32 | party commencing the
proceedings for review in the Circuit | ||||||
33 | Court as above provided, shall pay
to the Commission the | ||||||
34 | sum of 80 cents per page of testimony taken before
the |
| |||||||
| |||||||
1 | Commission, and 35 cents per page of all other matters | ||||||
2 | contained in
such record, except as otherwise provided by | ||||||
3 | Section 20 of this Act.
Payment for photostatic copies of | ||||||
4 | exhibit shall be extra. It shall be
the duty of the | ||||||
5 | Commission upon such payment, or failure to pay as
| ||||||
6 | permitted under Section 20 of this Act, to prepare a true | ||||||
7 | and correct
typewritten copy of such testimony and a true | ||||||
8 | and correct copy of all
other matters contained in such | ||||||
9 | record and certified to by the Secretary
or Assistant | ||||||
10 | Secretary thereof.
| ||||||
11 | In its decision on review the Commission shall | ||||||
12 | determine in each
particular case the amount of the | ||||||
13 | probable cost of the record to be
filed as a return to the | ||||||
14 | summons in that case and no request
for a summons may be | ||||||
15 | filed and no summons shall
issue unless the party seeking | ||||||
16 | to review the decision of the Commission
shall exhibit to | ||||||
17 | the clerk of the Circuit Court proof of payment by
filing a | ||||||
18 | receipt showing payment or an affidavit of the attorney | ||||||
19 | setting
forth that payment has been made of the sums so | ||||||
20 | determined to the Secretary
or Assistant Secretary of the | ||||||
21 | Commission.
| ||||||
22 | (2) No such summons shall issue unless the one against
| ||||||
23 | whom the Commission shall have rendered an award for the | ||||||
24 | payment of money
shall upon the filing of his written | ||||||
25 | request for such summons file with the
clerk of the court a | ||||||
26 | bond conditioned that if he shall not successfully
| ||||||
27 | prosecute the review, he will pay the award and the costs | ||||||
28 | of the
proceedings in the court. The amount of the bond | ||||||
29 | shall be fixed by any
member of the Commission and the | ||||||
30 | surety or sureties of the bond shall be
approved by the | ||||||
31 | clerk of the court. The acceptance of the bond by the
clerk | ||||||
32 | of the court shall constitute evidence of his approval of | ||||||
33 | the
bond.
| ||||||
34 | Every county, city, town, township, incorporated |
| |||||||
| |||||||
1 | village, school
district, body politic or municipal | ||||||
2 | corporation having a population of
500,000 or more against | ||||||
3 | whom the Commission shall have rendered an award
for the | ||||||
4 | payment of money shall not be required to file a bond to | ||||||
5 | secure
the payment of the award and the costs of the | ||||||
6 | proceedings in the court
to authorize the court to issue | ||||||
7 | such summons.
| ||||||
8 | The court may confirm or set aside the decision of the | ||||||
9 | Commission. If
the decision is set aside and the facts | ||||||
10 | found in the proceedings before
the Commission are | ||||||
11 | sufficient, the court may enter such decision as is
| ||||||
12 | justified by law, or may remand the cause to the Commission | ||||||
13 | for further
proceedings and may state the questions | ||||||
14 | requiring further hearing, and
give such other | ||||||
15 | instructions as may be proper. Appeals shall be taken
to | ||||||
16 | the Appellate Court in accordance
with Supreme Court Rules | ||||||
17 | 22(g) and 303. Appeals shall be taken from the
Appellate | ||||||
18 | Court to the Supreme Court
in accordance with Supreme Court | ||||||
19 | Rule 315.
| ||||||
20 | It shall be the duty of the clerk of any court | ||||||
21 | rendering a decision
affecting or affirming an award of the | ||||||
22 | Commission to promptly furnish
the Commission with a copy | ||||||
23 | of such decision, without charge.
| ||||||
24 | The decision of a majority of the members of the panel | ||||||
25 | of the Commission,
shall be considered the decision of the | ||||||
26 | Commission.
| ||||||
27 | (g) Except in the case of a claim against the State of | ||||||
28 | Illinois,
either party may present a certified copy of the | ||||||
29 | award of the
Arbitrator, or a certified copy of the decision of | ||||||
30 | the Commission when
the same has become final, when no | ||||||
31 | proceedings for review are pending,
providing for the payment | ||||||
32 | of compensation according to this Act, to the
Circuit Court of | ||||||
33 | the county in which such exposure occurred or either of
the | ||||||
34 | parties are residents, whereupon the court shall enter a |
| |||||||
| |||||||
1 | judgment
in accordance therewith. In case where the employer | ||||||
2 | refuses to pay
compensation according to such final award or | ||||||
3 | such final decision upon
which such judgment is entered, the | ||||||
4 | court shall in entering judgment
thereon, tax as costs against | ||||||
5 | him the reasonable costs and attorney fees
in the arbitration | ||||||
6 | proceedings and in the court entering the judgment
for the | ||||||
7 | person in whose favor the judgment is entered, which judgment
| ||||||
8 | and costs taxed as herein provided shall, until and unless set | ||||||
9 | aside,
have the same effect as though duly entered in an action | ||||||
10 | duly tried and
determined by the court, and shall with like | ||||||
11 | effect, be entered and
docketed. The Circuit Court shall have | ||||||
12 | power at any time upon
application to make any such judgment | ||||||
13 | conform to any modification
required by any subsequent decision | ||||||
14 | of the Supreme Court upon appeal, or
as the result of any | ||||||
15 | subsequent proceedings for review, as provided in
this Act.
| ||||||
16 | Judgment shall not be entered until 15 days' notice of the | ||||||
17 | time and
place of the application for the entry of judgment | ||||||
18 | shall be served upon
the employer by filing such notice with | ||||||
19 | the Commission, which Commission
shall, in case it has on file | ||||||
20 | the address of the employer or the name
and address of its | ||||||
21 | agent upon whom notices may be served, immediately
send a copy | ||||||
22 | of the notice to the employer or such designated agent.
| ||||||
23 | (h) An agreement or award under this Act providing for | ||||||
24 | compensation
in installments, may at any time within 18 months | ||||||
25 | after such agreement
or award be reviewed by the Commission at | ||||||
26 | the request of either the
employer or the employee on the | ||||||
27 | ground that the disability of the
employee has subsequently | ||||||
28 | recurred, increased, diminished or ended.
| ||||||
29 | However, as to disablements occurring subsequently to July | ||||||
30 | 1, 1955,
which are covered by any agreement or award under this | ||||||
31 | Act providing for
compensation in installments made as a result | ||||||
32 | of such disablement, such
agreement or award may at any time | ||||||
33 | within 30 months after such agreement
or award be reviewed by | ||||||
34 | the Commission at the request of either the
employer or the |
| |||||||
| |||||||
1 | employee on the ground that the disability of the
employee has | ||||||
2 | subsequently recurred, increased, diminished or ended.
| ||||||
3 | On such review compensation payments may be | ||||||
4 | re-established,
increased, diminished or ended. The Commission | ||||||
5 | shall give 15 days'
notice to the parties of the hearing for | ||||||
6 | review. Any employee, upon any
petition for such review being | ||||||
7 | filed by the employer, shall be entitled
to one day's notice | ||||||
8 | for each 100 miles necessary to be traveled by him in
attending | ||||||
9 | the hearing of the Commission upon the petition, and 3 days in
| ||||||
10 | addition thereto. Such employee shall, at the discretion of the
| ||||||
11 | Commission, also be entitled to 5 cents per mile necessarily | ||||||
12 | traveled by
him within the State of Illinois in attending such | ||||||
13 | hearing, not to
exceed a distance of 300 miles, to be taxed by | ||||||
14 | the Commission as costs
and deposited with the petition of the | ||||||
15 | employer.
| ||||||
16 | When compensation which is payable in accordance with an | ||||||
17 | award or
settlement contract approved by the Commission, is | ||||||
18 | ordered paid in a
lump sum by the Commission, no review shall | ||||||
19 | be had as in this paragraph
mentioned.
| ||||||
20 | (i) Each party, upon taking any proceedings or steps | ||||||
21 | whatsoever
before any Arbitrator, Commission or court,
shall | ||||||
22 | file with the Commission his address, or the name and address | ||||||
23 | of
any agent upon whom all notices to be given to such party | ||||||
24 | shall be
served, either personally or by registered mail, | ||||||
25 | addressed to such party
or agent at the last address so filed | ||||||
26 | with the Commission. In the event
such party has not filed his | ||||||
27 | address, or the name and address of an
agent as above provided, | ||||||
28 | service of any notice may be had by filing such
notice with the | ||||||
29 | Commission.
| ||||||
30 | (j) Whenever in any proceeding testimony has been taken or | ||||||
31 | a final
decision has been rendered, and after the taking of | ||||||
32 | such testimony or
after such decision has become final, the | ||||||
33 | employee dies, then in any
subsequent proceeding brought by the | ||||||
34 | personal representative or
beneficiaries of the deceased |
| |||||||
| |||||||
1 | employee, such testimony in the former
proceeding may be | ||||||
2 | introduced with the same force and effect as though
the witness | ||||||
3 | having so testified were present in person in such
subsequent | ||||||
4 | proceedings and such final decision, if any, shall be taken
as | ||||||
5 | final adjudication of any of the issues which are the same in | ||||||
6 | both
proceedings.
| ||||||
7 | (k) In any case where there has been any unreasonable or | ||||||
8 | vexatious
delay of payment or intentional underpayment of | ||||||
9 | compensation, or
proceedings have been instituted or carried on | ||||||
10 | by one liable to pay the
compensation, which do not present a | ||||||
11 | real controversy, but are merely
frivolous or for delay, then | ||||||
12 | the Commission may award compensation
additional to that | ||||||
13 | otherwise payable under this Act equal to 50% of the
amount | ||||||
14 | payable at the time of such award. Failure to pay compensation | ||||||
15 | in
accordance with the provisions of Section 8, paragraph (b) | ||||||
16 | of this Act,
shall be considered unreasonable delay. When | ||||||
17 | determining whether this subsection (k) shall apply, the | ||||||
18 | Commission shall consider whether an arbitrator has determined | ||||||
19 | that the claim is not compensable or whether the employer has | ||||||
20 | made payments under Section 8(j) of the Workers' Compensation | ||||||
21 | Act.
| ||||||
22 | (k-1) If the employee has made written demand for payment | ||||||
23 | of benefits under Section 8(a) or Section 8(b) of the Workers' | ||||||
24 | Compensation Act, the employer shall have 14 days after receipt | ||||||
25 | of the demand to set forth in writing the reason for the delay. | ||||||
26 | In the case of demand for payment of medical benefits under | ||||||
27 | Section 8(a) of the Workers' Compensation Act, the time for the | ||||||
28 | employer to respond shall not commence until the expiration of | ||||||
29 | the allotted 60 days specified under Section 8.2(d) of the | ||||||
30 | Workers' Compensation Act. In case the employer or his | ||||||
31 | insurance carrier shall without good and just cause fail, | ||||||
32 | neglect, refuse, or unreasonably delay the payment of benefits | ||||||
33 | under Section 8(a) or Section 8(b) of the Workers' Compensation | ||||||
34 | Act, the Arbitrator or the Commission shall allow to the |
| |||||||
| |||||||
1 | employee additional compensation in the sum of $30 per day for | ||||||
2 | each day that the benefits under Section 8(a) or Section 8(b) | ||||||
3 | of the Workers' Compensation Act have been so withheld or | ||||||
4 | refused not to exceed $10,000 as well as the costs of | ||||||
5 | litigation. A delay in payment of 14 days or more shall create | ||||||
6 | a rebuttable presumption of unreasonable delay.
| ||||||
7 | (l) By the 15th day of each month each insurer providing | ||||||
8 | coverage for
losses under this Act shall notify each insured | ||||||
9 | employer of any compensable
claim incurred during the preceding | ||||||
10 | month and the amounts paid or reserved
on the claim including a | ||||||
11 | summary of the claim and a brief statement of the
reasons for | ||||||
12 | compensability. A cumulative report of all claims incurred
| ||||||
13 | during a calendar year or continued
from the previous year | ||||||
14 | shall be furnished to the insured employer by the
insurer | ||||||
15 | within 30 days after the end of that calendar year.
| ||||||
16 | The insured employer may challenge, in proceeding before | ||||||
17 | the Commission,
payments made by the insurer without | ||||||
18 | arbitration and payments made after
a case is determined to be | ||||||
19 | noncompensable. If the Commission finds that
the case was not | ||||||
20 | compensable, the insurer shall purge its records as to
that | ||||||
21 | employer of any loss or expense associated with the claim, | ||||||
22 | reimburse
the employer for attorneys fee arising from the | ||||||
23 | challenge and for any payment
required of the employer to the | ||||||
24 | Rate Adjustment Fund or the Second Injury
Fund, and may not | ||||||
25 | effect the loss or expense for rate making purposes. The
| ||||||
26 | employee shall not be required to refund the challenged | ||||||
27 | payment. The
decision of the Commission may be reviewed in the | ||||||
28 | same
manner as in arbitrated cases. No challenge may be | ||||||
29 | initiated under this
paragraph more than 3 years after the | ||||||
30 | payment is made. An employer may
waive the right of challenge | ||||||
31 | under this paragraph on a case by case basis.
| ||||||
32 | (m) After filing an application for adjustment of claim but | ||||||
33 | prior to
the hearing on arbitration the parties may voluntarily | ||||||
34 | agree to submit such
application for adjustment of claim for |
| |||||||
| |||||||
1 | decision by an arbitrator under
this subsection (m) where such | ||||||
2 | application for adjustment
of claim raises only a dispute over | ||||||
3 | temporary total disability, permanent
partial disability or | ||||||
4 | medical expenses. Such agreement shall be in writing
in such | ||||||
5 | form as provided by the Commission. Applications for adjustment | ||||||
6 | of
claim submitted for decision by an arbitrator under
this | ||||||
7 | subsection (m) shall proceed according
to rule as established | ||||||
8 | by the Commission. The Commission shall promulgate
rules | ||||||
9 | including, but not limited to, rules to ensure that the parties | ||||||
10 | are
adequately informed of their rights under this subsection | ||||||
11 | (m) and of the
voluntary nature of proceedings under this | ||||||
12 | subsection
(m). The findings of fact made by an arbitrator | ||||||
13 | acting within his or her
powers under this subsection (m) in | ||||||
14 | the absence of fraud shall be
conclusive. However, the | ||||||
15 | arbitrator may on his own motion, or the motion
of either | ||||||
16 | party, correct any clerical errors or errors in computation
| ||||||
17 | within 15 days after the date of receipt of such award of the | ||||||
18 | arbitrator
and shall have the power to recall the original | ||||||
19 | award on arbitration, and
issue in lieu thereof such corrected | ||||||
20 | award.
The decision of the arbitrator under this subsection (m) | ||||||
21 | shall be
considered the decision of the Commission and | ||||||
22 | proceedings for review of
questions of law arising from the | ||||||
23 | decision may be commenced by either party
pursuant to | ||||||
24 | subsection (f) of Section 19. The Advisory Board established
| ||||||
25 | under Section 13.1 of the Workers' Compensation Act shall | ||||||
26 | compile a list of
certified Commission arbitrators, each of | ||||||
27 | whom shall be approved by at least
7 members of the Advisory | ||||||
28 | Board. The chairman shall select 5 persons
from such list to | ||||||
29 | serve as arbitrators under this subsection (m). By
agreement, | ||||||
30 | the parties shall select one arbitrator from among the 5 | ||||||
31 | persons
selected by the chairman except, that if the parties do | ||||||
32 | not agree on an
arbitrator from among the 5 persons, the | ||||||
33 | parties may, by agreement,
select an arbitrator of the American | ||||||
34 | Arbitration Association, whose fee
shall be paid by the State |
| |||||||
| |||||||
1 | in accordance with rules promulgated by the
Commission. | ||||||
2 | Arbitration under this subsection (m) shall be voluntary.
| ||||||
3 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
4 | Section 95. Applicability. The amendatory changes to | ||||||
5 | subsections (a) and (b) of Section 8, Section 10, and | ||||||
6 | subsection (l) of Section 19 of the Workers' Compensation Act | ||||||
7 | and subsection (k-1) of Section 19 of the Workers' Occupational | ||||||
8 | Diseases Act apply to accidental injuries or diseases that | ||||||
9 | occur on or after January 1, 2006. | ||||||
10 | Section 98. Inseverability. The provisions of this Act are | ||||||
11 | mutually
dependent and inseverable. If any provision or its | ||||||
12 | application to any person
or circumstance is held invalid, then | ||||||
13 | this entire Act is invalid. | ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|