100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3653

 

Introduced , by Rep. Brad Halbrook - Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/7  from Ch. 48, par. 138.7
820 ILCS 305/8  from Ch. 48, par. 138.8

    Amends the Workers' Compensation Act. Changes the compensation rates for certain accidental injuries to the levels that existed before Public Act 94-277 took effect. Removes language requiring employers to make payments on annual adjustments to the compensation rate in awards for death benefits or permanent total disability for every accident occurring on or after July 20, 2005 but before November 11, 2005 (the date Public Act 94-695 took effect). Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3653LRB100 05229 KTG 15239 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Workers' Compensation Act is amended by
5changing Sections 7 and 8 as follows:
 
6    (820 ILCS 305/7)  (from Ch. 48, par. 138.7)
7    Sec. 7. The amount of compensation which shall be paid for
8an accidental injury to the employee resulting in death is:
9    (a) If the employee leaves surviving a widow, widower,
10child or children, the applicable weekly compensation rate
11computed in accordance with subparagraph 2 of paragraph (b) of
12Section 8, shall be payable during the life of the widow or
13widower and if any surviving child or children shall not be
14physically or mentally incapacitated then until the death of
15the widow or widower or until the youngest child shall reach
16the age of 18, whichever shall come later; provided that if
17such child or children shall be enrolled as a full time student
18in any accredited educational institution, the payments shall
19continue until such child has attained the age of 25. In the
20event any surviving child or children shall be physically or
21mentally incapacitated, the payments shall continue for the
22duration of such incapacity.
23    The term "child" means a child whom the deceased employee

 

 

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1left surviving, including a posthumous child, a child legally
2adopted, a child whom the deceased employee was legally
3obligated to support or a child to whom the deceased employee
4stood in loco parentis. The term "children" means the plural of
5"child".
6    The term "physically or mentally incapacitated child or
7children" means a child or children incapable of engaging in
8regular and substantial gainful employment.
9    In the event of the remarriage of a widow or widower, where
10the decedent did not leave surviving any child or children who,
11at the time of such remarriage, are entitled to compensation
12benefits under this Act, the surviving spouse shall be paid a
13lump sum equal to 2 years compensation benefits and all further
14rights of such widow or widower shall be extinguished.
15    If the employee leaves surviving any child or children
16under 18 years of age who at the time of death shall be
17entitled to compensation under this paragraph (a) of this
18Section, the weekly compensation payments herein provided for
19such child or children shall in any event continue for a period
20of not less than 6 years.
21    Any beneficiary entitled to compensation under this
22paragraph (a) of this Section shall receive from the special
23fund provided in paragraph (f) of this Section, in addition to
24the compensation herein provided, supplemental benefits in
25accordance with paragraph (g) of Section 8.
26    (b) If no compensation is payable under paragraph (a) of

 

 

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1this Section and the employee leaves surviving a parent or
2parents who at the time of the accident were totally dependent
3upon the earnings of the employee then weekly payments equal to
4the compensation rate payable in the case where the employee
5leaves surviving a widow or widower, shall be paid to such
6parent or parents for the duration of their lives, and in the
7event of the death of either, for the life of the survivor.
8    (c) If no compensation is payable under paragraphs (a) or
9(b) of this Section and the employee leaves surviving any child
10or children who are not entitled to compensation under the
11foregoing paragraph (a) but who at the time of the accident
12were nevertheless in any manner dependent upon the earnings of
13the employee, or leaves surviving a parent or parents who at
14the time of the accident were partially dependent upon the
15earnings of the employee, then there shall be paid to such
16dependent or dependents for a period of 8 years weekly
17compensation payments at such proportion of the applicable rate
18if the employee had left surviving a widow or widower as such
19dependency bears to total dependency. In the event of the death
20of any such beneficiary the share of such beneficiary shall be
21divided equally among the surviving beneficiaries and in the
22event of the death of the last such beneficiary all the rights
23under this paragraph shall be extinguished.
24    (d) If no compensation is payable under paragraphs (a), (b)
25or (c) of this Section and the employee leaves surviving any
26grandparent, grandparents, grandchild or grandchildren or

 

 

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1collateral heirs dependent upon the employee's earnings to the
2extent of 50% or more of total dependency, then there shall be
3paid to such dependent or dependents for a period of 5 years
4weekly compensation payments at such proportion of the
5applicable rate if the employee had left surviving a widow or
6widower as such dependency bears to total dependency. In the
7event of the death of any such beneficiary the share of such
8beneficiary shall be divided equally among the surviving
9beneficiaries and in the event of the death of the last such
10beneficiary all rights hereunder shall be extinguished.
11    (e) The compensation to be paid for accidental injury which
12results in death, as provided in this Section, shall be paid to
13the persons who form the basis for determining the amount of
14compensation to be paid by the employer, the respective shares
15to be in the proportion of their respective dependency at the
16time of the accident on the earnings of the deceased. The
17Commission or an Arbitrator thereof may, in its or his
18discretion, order or award the payment to the parent or
19grandparent of a child for the latter's support the amount of
20compensation which but for such order or award would have been
21paid to such child as its share of the compensation payable,
22which order or award may be modified from time to time by the
23Commission in its discretion with respect to the person to whom
24shall be paid the amount of the order or award remaining unpaid
25at the time of the modification.
26    The payments of compensation by the employer in accordance

 

 

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1with the order or award of the Commission discharges such
2employer from all further obligation as to such compensation.
3    (f) The sum of $4,200 $8,000 for burial expenses shall be
4paid by the employer to the widow or widower, other dependent,
5next of kin or to the person or persons incurring the expense
6of burial.
7    In the event the employer failed to provide necessary first
8aid, medical, surgical or hospital service, he shall pay the
9cost thereof to the person or persons entitled to compensation
10under paragraphs (a), (b), (c) or (d) of this Section, or to
11the person or persons incurring the obligation therefore, or
12providing the same.
13    On January 15 and July 15, 1981, and on January 15 and July
1415 of each year thereafter the employer shall within 60 days
15pay a sum equal to 1/8 of 1% of all compensation payments made
16by him after July 1, 1980, either under this Act or the
17Workers' Occupational Diseases Act, whether by lump sum
18settlement or weekly compensation payments, but not including
19hospital, surgical or rehabilitation payments, made during the
20first 6 months and during the second 6 months respectively of
21the fiscal year next preceding the date of the payments, into a
22special fund which shall be designated the "Second Injury
23Fund", of which the State Treasurer is ex-officio custodian,
24such special fund to be held and disbursed for the purposes
25hereinafter stated in paragraphs (f) and (g) of Section 8,
26either upon the order of the Commission or of a competent

 

 

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1court. Said special fund shall be deposited the same as are
2State funds and any interest accruing thereon shall be added
3thereto every 6 months. It is subject to audit the same as
4State funds and accounts and is protected by the General bond
5given by the State Treasurer. It is considered always
6appropriated for the purposes of disbursements as provided in
7Section 8, paragraph (f), of this Act, and shall be paid out
8and disbursed as therein provided and shall not at any time be
9appropriated or diverted to any other use or purpose.
10    On January 15, 1991, the employer shall further pay a sum
11equal to one half of 1% of all compensation payments made by
12him from January 1, 1990 through June 30, 1990 either under
13this Act or under the Workers' Occupational Diseases Act,
14whether by lump sum settlement or weekly compensation payments,
15but not including hospital, surgical or rehabilitation
16payments, into an additional Special Fund which shall be
17designated as the "Rate Adjustment Fund". On March 15, 1991,
18the employer shall pay into the Rate Adjustment Fund a sum
19equal to one half of 1% of all such compensation payments made
20from July 1, 1990 through December 31, 1990. Within 60 days
21after July 15, 1991, the employer shall pay into the Rate
22Adjustment Fund a sum equal to one half of 1% of all such
23compensation payments made from January 1, 1991 through June
2430, 1991. Within 60 days after January 15 of 1992 and each
25subsequent year through 1996, the employer shall pay into the
26Rate Adjustment Fund a sum equal to one half of 1% of all such

 

 

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1compensation payments made in the last 6 months of the
2preceding calendar year. Within 60 days after July 15 of 1992
3and each subsequent year through 1995, the employer shall pay
4into the Rate Adjustment Fund a sum equal to one half of 1% of
5all such compensation payments made in the first 6 months of
6the same calendar year. Within 60 days after January 15 of 1997
7and each subsequent year through 2005, the employer shall pay
8into the Rate Adjustment Fund a sum equal to three-fourths of
91% of all such compensation payments made in the last 6 months
10of the preceding calendar year. Within 60 days after July 15 of
111996 and each subsequent year through 2004, the employer shall
12pay into the Rate Adjustment Fund a sum equal to three-fourths
13of 1% of all such compensation payments made in the first 6
14months of the same calendar year. Within 60 days after July 15
15of 2005, the employer shall pay into the Rate Adjustment Fund a
16sum equal to 1% of such compensation payments made in the first
176 months of the same calendar year. Within 60 days after
18January 15 of 2006 and each subsequent year, the employer shall
19pay into the Rate Adjustment Fund a sum equal to 1.25% of such
20compensation payments made in the last 6 months of the
21preceding calendar year. Within 60 days after July 15 of 2006
22and each subsequent year, the employer shall pay into the Rate
23Adjustment Fund a sum equal to 1.25% of such compensation
24payments made in the first 6 months of the same calendar year.
25The administrative costs of collecting assessments from
26employers for the Rate Adjustment Fund shall be paid from the

 

 

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1Rate Adjustment Fund. The cost of an actuarial audit of the
2Fund shall be paid from the Rate Adjustment Fund. The State
3Treasurer is ex officio custodian of such Special Fund and the
4same shall be held and disbursed for the purposes hereinafter
5stated in paragraphs (f) and (g) of Section 8 upon the order of
6the Commission or of a competent court. The Rate Adjustment
7Fund shall be deposited the same as are State funds and any
8interest accruing thereon shall be added thereto every 6
9months. It shall be subject to audit the same as State funds
10and accounts and shall be protected by the general bond given
11by the State Treasurer. It is considered always appropriated
12for the purposes of disbursements as provided in paragraphs (f)
13and (g) of Section 8 of this Act and shall be paid out and
14disbursed as therein provided and shall not at any time be
15appropriated or diverted to any other use or purpose. Within 5
16days after the effective date of this amendatory Act of 1990,
17the Comptroller and the State Treasurer shall transfer
18$1,000,000 from the General Revenue Fund to the Rate Adjustment
19Fund. By February 15, 1991, the Comptroller and the State
20Treasurer shall transfer $1,000,000 from the Rate Adjustment
21Fund to the General Revenue Fund. The Comptroller and Treasurer
22are authorized to make transfers at the request of the Chairman
23up to a total of $19,000,000 from the Second Injury Fund, the
24General Revenue Fund, and the Workers' Compensation Benefit
25Trust Fund to the Rate Adjustment Fund to the extent that there
26is insufficient money in the Rate Adjustment Fund to pay claims

 

 

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1and obligations. Amounts may be transferred from the General
2Revenue Fund only if the funds in the Second Injury Fund or the
3Workers' Compensation Benefit Trust Fund are insufficient to
4pay claims and obligations of the Rate Adjustment Fund. All
5amounts transferred from the Second Injury Fund, the General
6Revenue Fund, and the Workers' Compensation Benefit Trust Fund
7shall be repaid from the Rate Adjustment Fund within 270 days
8of a transfer, together with interest at the rate earned by
9moneys on deposit in the Fund or Funds from which the moneys
10were transferred.
11    Upon a finding by the Commission, after reasonable notice
12and hearing, that any employer has willfully and knowingly
13failed to pay the proper amounts into the Second Injury Fund or
14the Rate Adjustment Fund required by this Section or if such
15payments are not made within the time periods prescribed by
16this Section, the employer shall, in addition to such payments,
17pay a penalty of 20% of the amount required to be paid or
18$2,500, whichever is greater, for each year or part thereof of
19such failure to pay. This penalty shall only apply to
20obligations of an employer to the Second Injury Fund or the
21Rate Adjustment Fund accruing after the effective date of this
22amendatory Act of 1989. All or part of such a penalty may be
23waived by the Commission for good cause shown.
24    Any obligations of an employer to the Second Injury Fund
25and Rate Adjustment Fund accruing prior to the effective date
26of this amendatory Act of 1989 shall be paid in full by such

 

 

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1employer within 5 years of the effective date of this
2amendatory Act of 1989, with at least one-fifth of such
3obligation to be paid during each year following the effective
4date of this amendatory Act of 1989. If the Commission finds,
5following reasonable notice and hearing, that an employer has
6failed to make timely payment of any obligation accruing under
7the preceding sentence, the employer shall, in addition to all
8other payments required by this Section, be liable for a
9penalty equal to 20% of the overdue obligation or $2,500,
10whichever is greater, for each year or part thereof that
11obligation is overdue. All or part of such a penalty may be
12waived by the Commission for good cause shown.
13    The Chairman of the Illinois Workers' Compensation
14Commission shall, annually, furnish to the Director of the
15Department of Insurance a list of the amounts paid into the
16Second Injury Fund and the Rate Adjustment Fund by each
17insurance company on behalf of their insured employers. The
18Director shall verify to the Chairman that the amounts paid by
19each insurance company are accurate as best as the Director can
20determine from the records available to the Director. The
21Chairman shall verify that the amounts paid by each
22self-insurer are accurate as best as the Chairman can determine
23from records available to the Chairman. The Chairman may
24require each self-insurer to provide information concerning
25the total compensation payments made upon which contributions
26to the Second Injury Fund and the Rate Adjustment Fund are

 

 

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1predicated and any additional information establishing that
2such payments have been made into these funds. Any deficiencies
3in payments noted by the Director or Chairman shall be subject
4to the penalty provisions of this Act.
5    The State Treasurer, or his duly authorized
6representative, shall be named as a party to all proceedings in
7all cases involving claim for the loss of, or the permanent and
8complete loss of the use of one eye, one foot, one leg, one arm
9or one hand.
10    The State Treasurer or his duly authorized agent shall have
11the same rights as any other party to the proceeding, including
12the right to petition for review of any award. The reasonable
13expenses of litigation, such as medical examinations,
14testimony, and transcript of evidence, incurred by the State
15Treasurer or his duly authorized representative, shall be borne
16by the Second Injury Fund.
17    If the award is not paid within 30 days after the date the
18award has become final, the Commission shall proceed to take
19judgment thereon in its own name as is provided for other
20awards by paragraph (g) of Section 19 of this Act and take the
21necessary steps to collect the award.
22    Any person, corporation or organization who has paid or
23become liable for the payment of burial expenses of the
24deceased employee may in his or its own name institute
25proceedings before the Commission for the collection thereof.
26    For the purpose of administration, receipts and

 

 

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1disbursements, the Special Fund provided for in paragraph (f)
2of this Section shall be administered jointly with the Special
3Fund provided for in Section 7, paragraph (f) of the Workers'
4Occupational Diseases Act.
5    (g) All compensation, except for burial expenses provided
6in this Section to be paid in case accident results in death,
7shall be paid in installments equal to the percentage of the
8average earnings as provided for in Section 8, paragraph (b) of
9this Act, at the same intervals at which the wages or earnings
10of the employees were paid. If this is not feasible, then the
11installments shall be paid weekly. Such compensation may be
12paid in a lump sum upon petition as provided in Section 9 of
13this Act. However, in addition to the benefits provided by
14Section 9 of this Act where compensation for death is payable
15to the deceased's widow, widower or to the deceased's widow,
16widower and one or more children, and where a partial lump sum
17is applied for by such beneficiary or beneficiaries within 18
18months after the deceased's death, the Commission may, in its
19discretion, grant a partial lump sum of not to exceed 100 weeks
20of the compensation capitalized at their present value upon the
21basis of interest calculated at 3% per annum with annual rests,
22upon a showing that such partial lump sum is for the best
23interest of such beneficiary or beneficiaries.
24    (h) In case the injured employee is under 16 years of age
25at the time of the accident and is illegally employed, the
26amount of compensation payable under paragraphs (a), (b), (c),

 

 

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1(d) and (f) of this Section shall be increased 50%.
2    Nothing herein contained repeals or amends the provisions
3of the Child Labor Law relating to the employment of minors
4under the age of 16 years.
5    However, where an employer has on file an employment
6certificate issued pursuant to the Child Labor Law or work
7permit issued pursuant to the Federal Fair Labor Standards Act,
8as amended, or a birth certificate properly and duly issued,
9such certificate, permit or birth certificate is conclusive
10evidence as to the age of the injured minor employee for the
11purposes of this Section only.
12    (i) Whenever the dependents of a deceased employee are
13aliens not residing in the United States, Mexico or Canada, the
14amount of compensation payable is limited to the beneficiaries
15described in paragraphs (a), (b) and (c) of this Section and is
1650% of the compensation provided in paragraphs (a), (b) and (c)
17of this Section, except as otherwise provided by treaty.
18    In a case where any of the persons who would be entitled to
19compensation is living at any place outside of the United
20States, then payment shall be made to the personal
21representative of the deceased employee. The distribution by
22such personal representative to the persons entitled shall be
23made to such persons and in such manner as the Commission
24orders.
25(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
2694-695, eff. 11-16-05.)
 

 

 

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1    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
2    Sec. 8. The amount of compensation which shall be paid to
3the employee for an accidental injury not resulting in death
4is:
5    (a) The employer shall provide and pay the negotiated rate,
6if applicable, or the lesser of the health care provider's
7actual charges or according to a fee schedule, subject to
8Section 8.2, in effect at the time the service was rendered for
9all the necessary first aid, medical and surgical services, and
10all necessary medical, surgical and hospital services
11thereafter incurred, limited, however, to that which is
12reasonably required to cure or relieve from the effects of the
13accidental injury, even if a health care provider sells,
14transfers, or otherwise assigns an account receivable for
15procedures, treatments, or services covered under this Act. If
16the employer does not dispute payment of first aid, medical,
17surgical, and hospital services, the employer shall make such
18payment to the provider on behalf of the employee. The employer
19shall also pay for treatment, instruction and training
20necessary for the physical, mental and vocational
21rehabilitation of the employee, including all maintenance
22costs and expenses incidental thereto. If as a result of the
23injury the employee is unable to be self-sufficient the
24employer shall further pay for such maintenance or
25institutional care as shall be required.

 

 

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1    The employee may at any time elect to secure his own
2physician, surgeon and hospital services at the employer's
3expense, or,
4    Upon agreement between the employer and the employees, or
5the employees' exclusive representative, and subject to the
6approval of the Illinois Workers' Compensation Commission, the
7employer shall maintain a list of physicians, to be known as a
8Panel of Physicians, who are accessible to the employees. The
9employer shall post this list in a place or places easily
10accessible to his employees. The employee shall have the right
11to make an alternative choice of physician from such Panel if
12he is not satisfied with the physician first selected. If, due
13to the nature of the injury or its occurrence away from the
14employer's place of business, the employee is unable to make a
15selection from the Panel, the selection process from the Panel
16shall not apply. The physician selected from the Panel may
17arrange for any consultation, referral or other specialized
18medical services outside the Panel at the employer's expense.
19Provided that, in the event the Commission shall find that a
20doctor selected by the employee is rendering improper or
21inadequate care, the Commission may order the employee to
22select another doctor certified or qualified in the medical
23field for which treatment is required. If the employee refuses
24to make such change the Commission may relieve the employer of
25his obligation to pay the doctor's charges from the date of
26refusal to the date of compliance.

 

 

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1    Any vocational rehabilitation counselors who provide
2service under this Act shall have appropriate certifications
3which designate the counselor as qualified to render opinions
4relating to vocational rehabilitation. Vocational
5rehabilitation may include, but is not limited to, counseling
6for job searches, supervising a job search program, and
7vocational retraining including education at an accredited
8learning institution. The employee or employer may petition to
9the Commission to decide disputes relating to vocational
10rehabilitation and the Commission shall resolve any such
11dispute, including payment of the vocational rehabilitation
12program by the employer.
13    The maintenance benefit shall not be less than the
14temporary total disability rate determined for the employee. In
15addition, maintenance shall include costs and expenses
16incidental to the vocational rehabilitation program.
17    When the employee is working light duty on a part-time
18basis or full-time basis and earns less than he or she would be
19earning if employed in the full capacity of the job or jobs,
20then the employee shall be entitled to temporary partial
21disability benefits. Temporary partial disability benefits
22shall be equal to two-thirds of the difference between the
23average amount that the employee would be able to earn in the
24full performance of his or her duties in the occupation in
25which he or she was engaged at the time of accident and the
26gross amount which he or she is earning in the modified job

 

 

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1provided to the employee by the employer or in any other job
2that the employee is working.
3    Every hospital, physician, surgeon or other person
4rendering treatment or services in accordance with the
5provisions of this Section shall upon written request furnish
6full and complete reports thereof to, and permit their records
7to be copied by, the employer, the employee or his dependents,
8as the case may be, or any other party to any proceeding for
9compensation before the Commission, or their attorneys.
10    Notwithstanding the foregoing, the employer's liability to
11pay for such medical services selected by the employee shall be
12limited to:
13        (1) all first aid and emergency treatment; plus
14        (2) all medical, surgical and hospital services
15    provided by the physician, surgeon or hospital initially
16    chosen by the employee or by any other physician,
17    consultant, expert, institution or other provider of
18    services recommended by said initial service provider or
19    any subsequent provider of medical services in the chain of
20    referrals from said initial service provider; plus
21        (3) all medical, surgical and hospital services
22    provided by any second physician, surgeon or hospital
23    subsequently chosen by the employee or by any other
24    physician, consultant, expert, institution or other
25    provider of services recommended by said second service
26    provider or any subsequent provider of medical services in

 

 

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1    the chain of referrals from said second service provider.
2    Thereafter the employer shall select and pay for all
3    necessary medical, surgical and hospital treatment and the
4    employee may not select a provider of medical services at
5    the employer's expense unless the employer agrees to such
6    selection. At any time the employee may obtain any medical
7    treatment he desires at his own expense. This paragraph
8    shall not affect the duty to pay for rehabilitation
9    referred to above.
10        (4) The following shall apply for injuries occurring on
11    or after June 28, 2011 (the effective date of Public Act
12    97-18) and only when an employer has an approved preferred
13    provider program pursuant to Section 8.1a on the date the
14    employee sustained his or her accidental injuries:
15            (A) The employer shall, in writing, on a form
16        promulgated by the Commission, inform the employee of
17        the preferred provider program;
18            (B) Subsequent to the report of an injury by an
19        employee, the employee may choose in writing at any
20        time to decline the preferred provider program, in
21        which case that would constitute one of the two choices
22        of medical providers to which the employee is entitled
23        under subsection (a)(2) or (a)(3); and
24            (C) Prior to the report of an injury by an
25        employee, when an employee chooses non-emergency
26        treatment from a provider not within the preferred

 

 

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1        provider program, that would constitute the employee's
2        one choice of medical providers to which the employee
3        is entitled under subsection (a)(2) or (a)(3).
4    When an employer and employee so agree in writing, nothing
5in this Act prevents an employee whose injury or disability has
6been established under this Act, from relying in good faith, on
7treatment by prayer or spiritual means alone, in accordance
8with the tenets and practice of a recognized church or
9religious denomination, by a duly accredited practitioner
10thereof, and having nursing services appropriate therewith,
11without suffering loss or diminution of the compensation
12benefits under this Act. However, the employee shall submit to
13all physical examinations required by this Act. The cost of
14such treatment and nursing care shall be paid by the employee
15unless the employer agrees to make such payment.
16    Where the accidental injury results in the amputation of an
17arm, hand, leg or foot, or the enucleation of an eye, or the
18loss of any of the natural teeth, the employer shall furnish an
19artificial of any such members lost or damaged in accidental
20injury arising out of and in the course of employment, and
21shall also furnish the necessary braces in all proper and
22necessary cases. In cases of the loss of a member or members by
23amputation, the employer shall, whenever necessary, maintain
24in good repair, refit or replace the artificial limbs during
25the lifetime of the employee. Where the accidental injury
26accompanied by physical injury results in damage to a denture,

 

 

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1eye glasses or contact eye lenses, or where the accidental
2injury results in damage to an artificial member, the employer
3shall replace or repair such denture, glasses, lenses, or
4artificial member.
5    The furnishing by the employer of any such services or
6appliances is not an admission of liability on the part of the
7employer to pay compensation.
8    The furnishing of any such services or appliances or the
9servicing thereof by the employer is not the payment of
10compensation.
11    (b) If the period of temporary total incapacity for work
12lasts more than 3 working days, weekly compensation as
13hereinafter provided shall be paid beginning on the 4th day of
14such temporary total incapacity and continuing as long as the
15total temporary incapacity lasts. In cases where the temporary
16total incapacity for work continues for a period of 14 days or
17more from the day of the accident compensation shall commence
18on the day after the accident.
19        1. The compensation rate for temporary total
20    incapacity under this paragraph (b) of this Section shall
21    be equal to 66 2/3% of the employee's average weekly wage
22    computed in accordance with Section 10, provided that it
23    shall be not less than the following amounts in the
24    following cases:
25            $100.90 in case of a single person;
26            $105.50 in case of a married person with no

 

 

HB3653- 21 -LRB100 05229 KTG 15239 b

1        children;
2            $108.30 in case of one child;
3            $113.40 in case of 2 children;
4            $117.40 in case of 3 children;
5            $124.30 in case of 4 or more children;
6    66 2/3% of the sum of the Federal minimum wage under the
7    Fair Labor Standards Act, or the Illinois minimum wage
8    under the Minimum Wage Law, whichever is more, multiplied
9    by 40 hours. This percentage rate shall be increased by 10%
10    for each spouse and child, not to exceed 100% of the total
11    minimum wage calculation,
12     nor exceed the employee's average weekly wage computed in
13    accordance with the provisions of Section 10, whichever is
14    less.
15        2. The compensation rate in all cases other than for
16    temporary total disability under this paragraph (b), and
17    other than for serious and permanent disfigurement under
18    paragraph (c) and other than for permanent partial
19    disability under subparagraph (2) of paragraph (d) or under
20    paragraph (e), of this Section shall be equal to 66 2/3% of
21    the employee's average weekly wage computed in accordance
22    with the provisions of Section 10, provided that it shall
23    be not less than the following amounts in the following
24    cases:
25            $80.90 in case of a single person;
26            $83.20 in case of a married person with no

 

 

HB3653- 22 -LRB100 05229 KTG 15239 b

1        children;
2            $86.10 in case of one child;
3            $88.90 in case of 2 children;
4            $91.80 in case of 3 children;
5            $96.90 in case of 4 or more children;
6    66 2/3% of the sum of the Federal minimum wage under the
7    Fair Labor Standards Act, or the Illinois minimum wage
8    under the Minimum Wage Law, whichever is more, multiplied
9    by 40 hours. This percentage rate shall be increased by 10%
10    for each spouse and child, not to exceed 100% of the total
11    minimum wage calculation,
12     nor exceed the employee's average weekly wage computed in
13    accordance with the provisions of Section 10, whichever is
14    less.
15        2.1. The compensation rate in all cases of serious and
16    permanent disfigurement under paragraph (c) and of
17    permanent partial disability under subparagraph (2) of
18    paragraph (d) or under paragraph (e) of this Section shall
19    be equal to 60% of the employee's average weekly wage
20    computed in accordance with the provisions of Section 10,
21    provided that it shall be not less than the following
22    amounts in the following cases:
23            $80.90 in case of a single person;
24            $83.20 in case of a married person with no
25        children;
26            $86.10 in case of one child;

 

 

HB3653- 23 -LRB100 05229 KTG 15239 b

1            $88.90 in case of 2 children;
2            $91.80 in case of 3 children;
3            $96.90 in case of 4 or more children;
4    66 2/3% of the sum of the Federal minimum wage under the
5    Fair Labor Standards Act, or the Illinois minimum wage
6    under the Minimum Wage Law, whichever is more, multiplied
7    by 40 hours. This percentage rate shall be increased by 10%
8    for each spouse and child, not to exceed 100% of the total
9    minimum wage calculation, nor exceed the employee's
10    average weekly wage computed in accordance with the
11    provisions of Section 10, whichever is less.
12        3. As used in this Section the term "child" means a
13    child of the employee including any child legally adopted
14    before the accident or whom at the time of the accident the
15    employee was under legal obligation to support or to whom
16    the employee stood in loco parentis, and who at the time of
17    the accident was under 18 years of age and not emancipated.
18    The term "children" means the plural of "child".
19        4. All weekly compensation rates provided under
20    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
21    Section shall be subject to the following limitations:
22        The maximum weekly compensation rate from July 1, 1975,
23    except as hereinafter provided, shall be 100% of the
24    State's average weekly wage in covered industries under the
25    Unemployment Insurance Act, that being the wage that most
26    closely approximates the State's average weekly wage.

 

 

HB3653- 24 -LRB100 05229 KTG 15239 b

1        The maximum weekly compensation rate, for the period
2    July 1, 1984, through June 30, 1987, except as hereinafter
3    provided, shall be $293.61. Effective July 1, 1987 and on
4    July 1 of each year thereafter the maximum weekly
5    compensation rate, except as hereinafter provided, shall
6    be determined as follows: if during the preceding 12 month
7    period there shall have been an increase in the State's
8    average weekly wage in covered industries under the
9    Unemployment Insurance Act, the weekly compensation rate
10    shall be proportionately increased by the same percentage
11    as the percentage of increase in the State's average weekly
12    wage in covered industries under the Unemployment
13    Insurance Act during such period.
14        The maximum weekly compensation rate, for the period
15    January 1, 1981 through December 31, 1983, except as
16    hereinafter provided, shall be 100% of the State's average
17    weekly wage in covered industries under the Unemployment
18    Insurance Act in effect on January 1, 1981. Effective
19    January 1, 1984 and on January 1, of each year thereafter
20    the maximum weekly compensation rate, except as
21    hereinafter provided, shall be determined as follows: if
22    during the preceding 12 month period there shall have been
23    an increase in the State's average weekly wage in covered
24    industries under the Unemployment Insurance Act, the
25    weekly compensation rate shall be proportionately
26    increased by the same percentage as the percentage of

 

 

HB3653- 25 -LRB100 05229 KTG 15239 b

1    increase in the State's average weekly wage in covered
2    industries under the Unemployment Insurance Act during
3    such period.
4        From July 1, 1977 and thereafter such maximum weekly
5    compensation rate in death cases under Section 7, and
6    permanent total disability cases under paragraph (f) or
7    subparagraph 18 of paragraph (3) of this Section and for
8    temporary total disability under paragraph (b) of this
9    Section and for amputation of a member or enucleation of an
10    eye under paragraph (e) of this Section shall be increased
11    to 133-1/3% of the State's average weekly wage in covered
12    industries under the Unemployment Insurance Act.
13        For injuries occurring on or after February 1, 2006,
14    the maximum weekly benefit under paragraph (d)1 of this
15    Section shall be 100% of the State's average weekly wage in
16    covered industries under the Unemployment Insurance Act.
17        4.1. Any provision herein to the contrary
18    notwithstanding, the weekly compensation rate for
19    compensation payments under subparagraph 18 of paragraph
20    (e) of this Section and under paragraph (f) of this Section
21    and under paragraph (a) of Section 7 and for amputation of
22    a member or enucleation of an eye under paragraph (e) of
23    this Section, shall in no event be less than 50% of the
24    State's average weekly wage in covered industries under the
25    Unemployment Insurance Act.
26        4.2. Any provision to the contrary notwithstanding,

 

 

HB3653- 26 -LRB100 05229 KTG 15239 b

1    the total compensation payable under Section 7 shall not
2    exceed the greater of $250,000 $500,000 or 20 25 years.
3        5. For the purpose of this Section this State's average
4    weekly wage in covered industries under the Unemployment
5    Insurance Act on July 1, 1975 is hereby fixed at $228.16
6    per week and the computation of compensation rates shall be
7    based on the aforesaid average weekly wage until modified
8    as hereinafter provided.
9        6. The Department of Employment Security of the State
10    shall on or before the first day of December, 1977, and on
11    or before the first day of June, 1978, and on the first day
12    of each December and June of each year thereafter, publish
13    the State's average weekly wage in covered industries under
14    the Unemployment Insurance Act and the Illinois Workers'
15    Compensation Commission shall on the 15th day of January,
16    1978 and on the 15th day of July, 1978 and on the 15th day
17    of each January and July of each year thereafter, post and
18    publish the State's average weekly wage in covered
19    industries under the Unemployment Insurance Act as last
20    determined and published by the Department of Employment
21    Security. The amount when so posted and published shall be
22    conclusive and shall be applicable as the basis of
23    computation of compensation rates until the next posting
24    and publication as aforesaid.
25        7. The payment of compensation by an employer or his
26    insurance carrier to an injured employee shall not

 

 

HB3653- 27 -LRB100 05229 KTG 15239 b

1    constitute an admission of the employer's liability to pay
2    compensation.
3    (c) For any serious and permanent disfigurement to the
4hand, head, face, neck, arm, leg below the knee or the chest
5above the axillary line, the employee is entitled to
6compensation for such disfigurement, the amount determined by
7agreement at any time or by arbitration under this Act, at a
8hearing not less than 6 months after the date of the accidental
9injury, which amount shall not exceed 150 weeks (if the
10accidental injury occurs on or after the effective date of this
11amendatory Act of the 94th General Assembly but before February
121, 2006) or 162 weeks (if the accidental injury occurs on or
13after February 1, 2006) at the applicable rate provided in
14subparagraph 2.1 of paragraph (b) of this Section.
15    No compensation is payable under this paragraph where
16compensation is payable under paragraphs (d), (e) or (f) of
17this Section.
18    A duly appointed member of a fire department in a city, the
19population of which exceeds 500,000 according to the last
20federal or State census, is eligible for compensation under
21this paragraph only where such serious and permanent
22disfigurement results from burns.
23    (d) 1. If, after the accidental injury has been sustained,
24the employee as a result thereof becomes partially
25incapacitated from pursuing his usual and customary line of
26employment, he shall, except in cases compensated under the

 

 

HB3653- 28 -LRB100 05229 KTG 15239 b

1specific schedule set forth in paragraph (e) of this Section,
2receive compensation for the duration of his disability,
3subject to the limitations as to maximum amounts fixed in
4paragraph (b) of this Section, equal to 66-2/3% of the
5difference between the average amount which he would be able to
6earn in the full performance of his duties in the occupation in
7which he was engaged at the time of the accident and the
8average amount which he is earning or is able to earn in some
9suitable employment or business after the accident. For
10accidental injuries that occur on or after September 1, 2011,
11an award for wage differential under this subsection shall be
12effective only until the employee reaches the age of 67 or 5
13years from the date the award becomes final, whichever is
14later.
15    2. If, as a result of the accident, the employee sustains
16serious and permanent injuries not covered by paragraphs (c)
17and (e) of this Section or having sustained injuries covered by
18the aforesaid paragraphs (c) and (e), he shall have sustained
19in addition thereto other injuries which injuries do not
20incapacitate him from pursuing the duties of his employment but
21which would disable him from pursuing other suitable
22occupations, or which have otherwise resulted in physical
23impairment; or if such injuries partially incapacitate him from
24pursuing the duties of his usual and customary line of
25employment but do not result in an impairment of earning
26capacity, or having resulted in an impairment of earning

 

 

HB3653- 29 -LRB100 05229 KTG 15239 b

1capacity, the employee elects to waive his right to recover
2under the foregoing subparagraph 1 of paragraph (d) of this
3Section then in any of the foregoing events, he shall receive
4in addition to compensation for temporary total disability
5under paragraph (b) of this Section, compensation at the rate
6provided in subparagraph 2.1 of paragraph (b) of this Section
7for that percentage of 500 weeks that the partial disability
8resulting from the injuries covered by this paragraph bears to
9total disability. If the employee shall have sustained a
10fracture of one or more vertebra or fracture of the skull, the
11amount of compensation allowed under this Section shall be not
12less than 6 weeks for a fractured skull and 6 weeks for each
13fractured vertebra, and in the event the employee shall have
14sustained a fracture of any of the following facial bones:
15nasal, lachrymal, vomer, zygoma, maxilla, palatine or
16mandible, the amount of compensation allowed under this Section
17shall be not less than 2 weeks for each such fractured bone,
18and for a fracture of each transverse process not less than 3
19weeks. In the event such injuries shall result in the loss of a
20kidney, spleen or lung, the amount of compensation allowed
21under this Section shall be not less than 10 weeks for each
22such organ. Compensation awarded under this subparagraph 2
23shall not take into consideration injuries covered under
24paragraphs (c) and (e) of this Section and the compensation
25provided in this paragraph shall not affect the employee's
26right to compensation payable under paragraphs (b), (c) and (e)

 

 

HB3653- 30 -LRB100 05229 KTG 15239 b

1of this Section for the disabilities therein covered.
2    (e) For accidental injuries in the following schedule, the
3employee shall receive compensation for the period of temporary
4total incapacity for work resulting from such accidental
5injury, under subparagraph 1 of paragraph (b) of this Section,
6and shall receive in addition thereto compensation for a
7further period for the specific loss herein mentioned, but
8shall not receive any compensation under any other provisions
9of this Act. The following listed amounts apply to either the
10loss of or the permanent and complete loss of use of the member
11specified, such compensation for the length of time as follows:
12        1. Thumb-70 weeks.
13            70 weeks if the accidental injury occurs on or
14        after the effective date of this amendatory Act of the
15        94th General Assembly but before February 1, 2006.
16            76 weeks if the accidental injury occurs on or
17        after February 1, 2006.
18        2. First, or index finger-40 weeks.
19            40 weeks if the accidental injury occurs on or
20        after the effective date of this amendatory Act of the
21        94th General Assembly but before February 1, 2006.
22            43 weeks if the accidental injury occurs on or
23        after February 1, 2006.
24        3. Second, or middle finger-35 weeks.
25            35 weeks if the accidental injury occurs on or
26        after the effective date of this amendatory Act of the

 

 

HB3653- 31 -LRB100 05229 KTG 15239 b

1        94th General Assembly but before February 1, 2006.
2            38 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        4. Third, or ring finger-25 weeks.
5            25 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            27 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        5. Fourth, or little finger-20 weeks.
11            20 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            22 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        6. Great toe-35 weeks.
17            35 weeks if the accidental injury occurs on or
18        after the effective date of this amendatory Act of the
19        94th General Assembly but before February 1, 2006.
20            38 weeks if the accidental injury occurs on or
21        after February 1, 2006.
22        7. Each toe other than great toe-12 weeks.
23            12 weeks if the accidental injury occurs on or
24        after the effective date of this amendatory Act of the
25        94th General Assembly but before February 1, 2006.
26            13 weeks if the accidental injury occurs on or

 

 

HB3653- 32 -LRB100 05229 KTG 15239 b

1        after February 1, 2006.
2        8. The loss of the first or distal phalanx of the thumb
3    or of any finger or toe shall be considered to be equal to
4    the loss of one-half of such thumb, finger or toe and the
5    compensation payable shall be one-half of the amount above
6    specified. The loss of more than one phalanx shall be
7    considered as the loss of the entire thumb, finger or toe.
8    In no case shall the amount received for more than one
9    finger exceed the amount provided in this schedule for the
10    loss of a hand.
11        9. Hand-
12            190 weeks if the accidental injury occurs on or
13        after the effective date of this amendatory Act of the
14        94th General Assembly but before February 1, 2006.
15            205 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        9. Hand-190 weeks if the accidental injury occurs on or
18    after June 28, 2011 (the effective date of Public Act
19    97-18) and if the accidental injury involves carpal tunnel
20    syndrome due to repetitive or cumulative trauma, in which
21    case the permanent partial disability shall not exceed 15%
22    loss of use of the hand, except for cause shown by clear
23    and convincing evidence and in which case the award shall
24    not exceed 30% loss of use of the hand.
25        The loss of 2 or more digits, or one or more phalanges
26    of 2 or more digits, of a hand may be compensated on the

 

 

HB3653- 33 -LRB100 05229 KTG 15239 b

1    basis of partial loss of use of a hand, provided, further,
2    that the loss of 4 digits, or the loss of use of 4 digits,
3    in the same hand shall constitute the complete loss of a
4    hand.
5        10. Arm-
6            235 weeks if the accidental injury occurs on or
7        after the effective date of this amendatory Act of the
8        94th General Assembly but before February 1, 2006.
9            253 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11        10. Arm-235 weeks. Where an accidental injury results
12    in the amputation of an arm below the elbow, such injury
13    shall be compensated as a loss of an arm. Where an
14    accidental injury results in the amputation of an arm above
15    the elbow, compensation for an additional 15 weeks (if the
16    accidental injury occurs on or after the effective date of
17    this amendatory Act of the 94th General Assembly but before
18    February 1, 2006) or an additional 17 weeks (if the
19    accidental injury occurs on or after February 1, 2006)
20    shall be paid, except where the accidental injury results
21    in the amputation of an arm at the shoulder joint, or so
22    close to shoulder joint that an artificial arm cannot be
23    used, or results in the disarticulation of an arm at the
24    shoulder joint, in which case compensation for an
25    additional 65 weeks (if the accidental injury occurs on or
26    after the effective date of this amendatory Act of the 94th

 

 

HB3653- 34 -LRB100 05229 KTG 15239 b

1    General Assembly but before February 1, 2006) or an
2    additional 70 weeks (if the accidental injury occurs on or
3    after February 1, 2006) shall be paid.
4        11. Foot-155 weeks.
5            155 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            167 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        12. Leg-
11            200 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            215 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        12. Leg-200 weeks. Where an accidental injury results
17    in the amputation of a leg below the knee, such injury
18    shall be compensated as loss of a leg. Where an accidental
19    injury results in the amputation of a leg above the knee,
20    compensation for an additional 25 weeks (if the accidental
21    injury occurs on or after the effective date of this
22    amendatory Act of the 94th General Assembly but before
23    February 1, 2006) or an additional 27 weeks (if the
24    accidental injury occurs on or after February 1, 2006)
25    shall be paid, except where the accidental injury results
26    in the amputation of a leg at the hip joint, or so close to

 

 

HB3653- 35 -LRB100 05229 KTG 15239 b

1    the hip joint that an artificial leg cannot be used, or
2    results in the disarticulation of a leg at the hip joint,
3    in which case compensation for an additional 75 weeks (if
4    the accidental injury occurs on or after the effective date
5    of this amendatory Act of the 94th General Assembly but
6    before February 1, 2006) or an additional 81 weeks (if the
7    accidental injury occurs on or after February 1, 2006)
8    shall be paid.
9        13. Eye-
10            150 weeks if the accidental injury occurs on or
11        after the effective date of this amendatory Act of the
12        94th General Assembly but before February 1, 2006.
13            162 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        13. Eye-150 weeks. Where an accidental injury results
16    in the enucleation of an eye, compensation for an
17    additional 10 weeks (if the accidental injury occurs on or
18    after the effective date of this amendatory Act of the 94th
19    General Assembly but before February 1, 2006) or an
20    additional 11 weeks (if the accidental injury occurs on or
21    after February 1, 2006) shall be paid.
22        14. Loss of hearing of one ear-50 weeks.
23            50 weeks if the accidental injury occurs on or
24        after the effective date of this amendatory Act of the
25        94th General Assembly but before February 1, 2006.
26            54 weeks if the accidental injury occurs on or

 

 

HB3653- 36 -LRB100 05229 KTG 15239 b

1        after February 1, 2006.
2        Total and permanent loss of hearing of both ears-200
3    weeks.
4            200 weeks if the accidental injury occurs on or
5        after the effective date of this amendatory Act of the
6        94th General Assembly but before February 1, 2006.
7            215 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        15. Testicle-50 weeks.
10            50 weeks if the accidental injury occurs on or
11        after the effective date of this amendatory Act of the
12        94th General Assembly but before February 1, 2006.
13            54 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        Both testicles-150 weeks.
16            150 weeks if the accidental injury occurs on or
17        after the effective date of this amendatory Act of the
18        94th General Assembly but before February 1, 2006.
19            162 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        16. For the permanent partial loss of use of a member
22    or sight of an eye, or hearing of an ear, compensation
23    during that proportion of the number of weeks in the
24    foregoing schedule provided for the loss of such member or
25    sight of an eye, or hearing of an ear, which the partial
26    loss of use thereof bears to the total loss of use of such

 

 

HB3653- 37 -LRB100 05229 KTG 15239 b

1    member, or sight of eye, or hearing of an ear.
2            (a) Loss of hearing for compensation purposes
3        shall be confined to the frequencies of 1,000, 2,000
4        and 3,000 cycles per second. Loss of hearing ability
5        for frequency tones above 3,000 cycles per second are
6        not to be considered as constituting disability for
7        hearing.
8            (b) The percent of hearing loss, for purposes of
9        the determination of compensation claims for
10        occupational deafness, shall be calculated as the
11        average in decibels for the thresholds of hearing for
12        the frequencies of 1,000, 2,000 and 3,000 cycles per
13        second. Pure tone air conduction audiometric
14        instruments, approved by nationally recognized
15        authorities in this field, shall be used for measuring
16        hearing loss. If the losses of hearing average 30
17        decibels or less in the 3 frequencies, such losses of
18        hearing shall not then constitute any compensable
19        hearing disability. If the losses of hearing average 85
20        decibels or more in the 3 frequencies, then the same
21        shall constitute and be total or 100% compensable
22        hearing loss.
23            (c) In measuring hearing impairment, the lowest
24        measured losses in each of the 3 frequencies shall be
25        added together and divided by 3 to determine the
26        average decibel loss. For every decibel of loss

 

 

HB3653- 38 -LRB100 05229 KTG 15239 b

1        exceeding 30 decibels an allowance of 1.82% shall be
2        made up to the maximum of 100% which is reached at 85
3        decibels.
4            (d) If a hearing loss is established to have
5        existed on July 1, 1975 by audiometric testing the
6        employer shall not be liable for the previous loss so
7        established nor shall he be liable for any loss for
8        which compensation has been paid or awarded.
9            (e) No consideration shall be given to the question
10        of whether or not the ability of an employee to
11        understand speech is improved by the use of a hearing
12        aid.
13            (f) No claim for loss of hearing due to industrial
14        noise shall be brought against an employer or allowed
15        unless the employee has been exposed for a period of
16        time sufficient to cause permanent impairment to noise
17        levels in excess of the following:
18Sound Level DBA
19Slow ResponseHours Per Day
20908
21926
22954
23973
241002
251021-1/2
261051

 

 

HB3653- 39 -LRB100 05229 KTG 15239 b

11101/2
21151/4
3        This subparagraph (f) shall not be applied in cases of
4    hearing loss resulting from trauma or explosion.
5        17. In computing the compensation to be paid to any
6    employee who, before the accident for which he claims
7    compensation, had before that time sustained an injury
8    resulting in the loss by amputation or partial loss by
9    amputation of any member, including hand, arm, thumb or
10    fingers, leg, foot or any toes, such loss or partial loss
11    of any such member shall be deducted from any award made
12    for the subsequent injury. For the permanent loss of use or
13    the permanent partial loss of use of any such member or the
14    partial loss of sight of an eye, for which compensation has
15    been paid, then such loss shall be taken into consideration
16    and deducted from any award for the subsequent injury.
17        18. The specific case of loss of both hands, both arms,
18    or both feet, or both legs, or both eyes, or of any two
19    thereof, or the permanent and complete loss of the use
20    thereof, constitutes total and permanent disability, to be
21    compensated according to the compensation fixed by
22    paragraph (f) of this Section. These specific cases of
23    total and permanent disability do not exclude other cases.
24        Any employee who has previously suffered the loss or
25    permanent and complete loss of the use of any of such
26    members, and in a subsequent independent accident loses

 

 

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1    another or suffers the permanent and complete loss of the
2    use of any one of such members the employer for whom the
3    injured employee is working at the time of the last
4    independent accident is liable to pay compensation only for
5    the loss or permanent and complete loss of the use of the
6    member occasioned by the last independent accident.
7        19. In a case of specific loss and the subsequent death
8    of such injured employee from other causes than such injury
9    leaving a widow, widower, or dependents surviving before
10    payment or payment in full for such injury, then the amount
11    due for such injury is payable to the widow or widower and,
12    if there be no widow or widower, then to such dependents,
13    in the proportion which such dependency bears to total
14    dependency.
15    Beginning July 1, 1980, and every 6 months thereafter, the
16Commission shall examine the Second Injury Fund and when, after
17deducting all advances or loans made to such Fund, the amount
18therein is $500,000 then the amount required to be paid by
19employers pursuant to paragraph (f) of Section 7 shall be
20reduced by one-half. When the Second Injury Fund reaches the
21sum of $600,000 then the payments shall cease entirely.
22However, when the Second Injury Fund has been reduced to
23$400,000, payment of one-half of the amounts required by
24paragraph (f) of Section 7 shall be resumed, in the manner
25herein provided, and when the Second Injury Fund has been
26reduced to $300,000, payment of the full amounts required by

 

 

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1paragraph (f) of Section 7 shall be resumed, in the manner
2herein provided. The Commission shall make the changes in
3payment effective by general order, and the changes in payment
4become immediately effective for all cases coming before the
5Commission thereafter either by settlement agreement or final
6order, irrespective of the date of the accidental injury.
7    On August 1, 1996 and on February 1 and August 1 of each
8subsequent year, the Commission shall examine the special fund
9designated as the "Rate Adjustment Fund" and when, after
10deducting all advances or loans made to said fund, the amount
11therein is $4,000,000, the amount required to be paid by
12employers pursuant to paragraph (f) of Section 7 shall be
13reduced by one-half. When the Rate Adjustment Fund reaches the
14sum of $5,000,000 the payment therein shall cease entirely.
15However, when said Rate Adjustment Fund has been reduced to
16$3,000,000 the amounts required by paragraph (f) of Section 7
17shall be resumed in the manner herein provided.
18    (f) In case of complete disability, which renders the
19employee wholly and permanently incapable of work, or in the
20specific case of total and permanent disability as provided in
21subparagraph 18 of paragraph (e) of this Section, compensation
22shall be payable at the rate provided in subparagraph 2 of
23paragraph (b) of this Section for life.
24    An employee entitled to benefits under paragraph (f) of
25this Section shall also be entitled to receive from the Rate
26Adjustment Fund provided in paragraph (f) of Section 7 of the

 

 

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1supplementary benefits provided in paragraph (g) of this
2Section 8.
3    If any employee who receives an award under this paragraph
4afterwards returns to work or is able to do so, and earns or is
5able to earn as much as before the accident, payments under
6such award shall cease. If such employee returns to work, or is
7able to do so, and earns or is able to earn part but not as much
8as before the accident, such award shall be modified so as to
9conform to an award under paragraph (d) of this Section. If
10such award is terminated or reduced under the provisions of
11this paragraph, such employees have the right at any time
12within 30 months after the date of such termination or
13reduction to file petition with the Commission for the purpose
14of determining whether any disability exists as a result of the
15original accidental injury and the extent thereof.
16    Disability as enumerated in subdivision 18, paragraph (e)
17of this Section is considered complete disability.
18    If an employee who had previously incurred loss or the
19permanent and complete loss of use of one member, through the
20loss or the permanent and complete loss of the use of one hand,
21one arm, one foot, one leg, or one eye, incurs permanent and
22complete disability through the loss or the permanent and
23complete loss of the use of another member, he shall receive,
24in addition to the compensation payable by the employer and
25after such payments have ceased, an amount from the Second
26Injury Fund provided for in paragraph (f) of Section 7, which,

 

 

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1together with the compensation payable from the employer in
2whose employ he was when the last accidental injury was
3incurred, will equal the amount payable for permanent and
4complete disability as provided in this paragraph of this
5Section.
6    The custodian of the Second Injury Fund provided for in
7paragraph (f) of Section 7 shall be joined with the employer as
8a party respondent in the application for adjustment of claim.
9The application for adjustment of claim shall state briefly and
10in general terms the approximate time and place and manner of
11the loss of the first member.
12    In its award the Commission or the Arbitrator shall
13specifically find the amount the injured employee shall be
14weekly paid, the number of weeks compensation which shall be
15paid by the employer, the date upon which payments begin out of
16the Second Injury Fund provided for in paragraph (f) of Section
177 of this Act, the length of time the weekly payments continue,
18the date upon which the pension payments commence and the
19monthly amount of the payments. The Commission shall 30 days
20after the date upon which payments out of the Second Injury
21Fund have begun as provided in the award, and every month
22thereafter, prepare and submit to the State Comptroller a
23voucher for payment for all compensation accrued to that date
24at the rate fixed by the Commission. The State Comptroller
25shall draw a warrant to the injured employee along with a
26receipt to be executed by the injured employee and returned to

 

 

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1the Commission. The endorsed warrant and receipt is a full and
2complete acquittance to the Commission for the payment out of
3the Second Injury Fund. No other appropriation or warrant is
4necessary for payment out of the Second Injury Fund. The Second
5Injury Fund is appropriated for the purpose of making payments
6according to the terms of the awards.
7    As of July 1, 1980 to July 1, 1982, all claims against and
8obligations of the Second Injury Fund shall become claims
9against and obligations of the Rate Adjustment Fund to the
10extent there is insufficient money in the Second Injury Fund to
11pay such claims and obligations. In that case, all references
12to "Second Injury Fund" in this Section shall also include the
13Rate Adjustment Fund.
14    (g) Every award for permanent total disability entered by
15the Commission on and after July 1, 1965 under which
16compensation payments shall become due and payable after the
17effective date of this amendatory Act, and every award for
18death benefits or permanent total disability entered by the
19Commission on and after the effective date of this amendatory
20Act shall be subject to annual adjustments as to the amount of
21the compensation rate therein provided. Such adjustments shall
22first be made on July 15, 1977, and all awards made and entered
23prior to July 1, 1975 and on July 15 of each year thereafter.
24In all other cases such adjustment shall be made on July 15 of
25the second year next following the date of the entry of the
26award and shall further be made on July 15 annually thereafter.

 

 

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1If during the intervening period from the date of the entry of
2the award, or the last periodic adjustment, there shall have
3been an increase in the State's average weekly wage in covered
4industries under the Unemployment Insurance Act, the weekly
5compensation rate shall be proportionately increased by the
6same percentage as the percentage of increase in the State's
7average weekly wage in covered industries under the
8Unemployment Insurance Act. The increase in the compensation
9rate under this paragraph shall in no event bring the total
10compensation rate to an amount greater than the prevailing
11maximum rate at the time that the annual adjustment is made.
12Such increase shall be paid in the same manner as herein
13provided for payments under the Second Injury Fund to the
14injured employee, or his dependents, as the case may be, out of
15the Rate Adjustment Fund provided in paragraph (f) of Section 7
16of this Act. Payments shall be made at the same intervals as
17provided in the award or, at the option of the Commission, may
18be made in quarterly payment on the 15th day of January, April,
19July and October of each year. In the event of a decrease in
20such average weekly wage there shall be no change in the then
21existing compensation rate. The within paragraph shall not
22apply to cases where there is disputed liability and in which a
23compromise lump sum settlement between the employer and the
24injured employee, or his dependents, as the case may be, has
25been duly approved by the Illinois Workers' Compensation
26Commission.

 

 

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1    Provided, that in cases of awards entered by the Commission
2for injuries occurring before July 1, 1975, the increases in
3the compensation rate adjusted under the foregoing provision of
4this paragraph (g) shall be limited to increases in the State's
5average weekly wage in covered industries under the
6Unemployment Insurance Act occurring after July 1, 1975.
7    For every accident occurring on or after July 20, 2005 but
8before the effective date of this amendatory Act of the 94th
9General Assembly (Senate Bill 1283 of the 94th General
10Assembly), the annual adjustments to the compensation rate in
11awards for death benefits or permanent total disability, as
12provided in this Act, shall be paid by the employer. The
13adjustment shall be made by the employer on July 15 of the
14second year next following the date of the entry of the award
15and shall further be made on July 15 annually thereafter. If
16during the intervening period from the date of the entry of the
17award, or the last periodic adjustment, there shall have been
18an increase in the State's average weekly wage in covered
19industries under the Unemployment Insurance Act, the employer
20shall increase the weekly compensation rate proportionately by
21the same percentage as the percentage of increase in the
22State's average weekly wage in covered industries under the
23Unemployment Insurance Act. The increase in the compensation
24rate under this paragraph shall in no event bring the total
25compensation rate to an amount greater than the prevailing
26maximum rate at the time that the annual adjustment is made. In

 

 

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1the event of a decrease in such average weekly wage there shall
2be no change in the then existing compensation rate. Such
3increase shall be paid by the employer in the same manner and
4at the same intervals as the payment of compensation in the
5award. This paragraph shall not apply to cases where there is
6disputed liability and in which a compromise lump sum
7settlement between the employer and the injured employee, or
8his or her dependents, as the case may be, has been duly
9approved by the Illinois Workers' Compensation Commission.
10    The annual adjustments for every award of death benefits or
11permanent total disability involving accidents occurring
12before July 20, 2005 and accidents occurring on or after the
13effective date of this amendatory Act of the 94th General
14Assembly (Senate Bill 1283 of the 94th General Assembly) shall
15continue to be paid from the Rate Adjustment Fund pursuant to
16this paragraph and Section 7(f) of this Act.
17    (h) In case death occurs from any cause before the total
18compensation to which the employee would have been entitled has
19been paid, then in case the employee leaves any widow, widower,
20child, parent (or any grandchild, grandparent or other lineal
21heir or any collateral heir dependent at the time of the
22accident upon the earnings of the employee to the extent of 50%
23or more of total dependency) such compensation shall be paid to
24the beneficiaries of the deceased employee and distributed as
25provided in paragraph (g) of Section 7.
26    (h-1) In case an injured employee is under legal disability

 

 

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1at the time when any right or privilege accrues to him or her
2under this Act, a guardian may be appointed pursuant to law,
3and may, on behalf of such person under legal disability, claim
4and exercise any such right or privilege with the same effect
5as if the employee himself or herself had claimed or exercised
6the right or privilege. No limitations of time provided by this
7Act run so long as the employee who is under legal disability
8is without a conservator or guardian.
9    (i) In case the injured employee is under 16 years of age
10at the time of the accident and is illegally employed, the
11amount of compensation payable under paragraphs (b), (c), (d),
12(e) and (f) of this Section is increased 50%.
13    However, where an employer has on file an employment
14certificate issued pursuant to the Child Labor Law or work
15permit issued pursuant to the Federal Fair Labor Standards Act,
16as amended, or a birth certificate properly and duly issued,
17such certificate, permit or birth certificate is conclusive
18evidence as to the age of the injured minor employee for the
19purposes of this Section.
20    Nothing herein contained repeals or amends the provisions
21of the Child Labor Law relating to the employment of minors
22under the age of 16 years.
23    (j) 1. In the event the injured employee receives benefits,
24including medical, surgical or hospital benefits under any
25group plan covering non-occupational disabilities contributed
26to wholly or partially by the employer, which benefits should

 

 

HB3653- 49 -LRB100 05229 KTG 15239 b

1not have been payable if any rights of recovery existed under
2this Act, then such amounts so paid to the employee from any
3such group plan as shall be consistent with, and limited to,
4the provisions of paragraph 2 hereof, shall be credited to or
5against any compensation payment for temporary total
6incapacity for work or any medical, surgical or hospital
7benefits made or to be made under this Act. In such event, the
8period of time for giving notice of accidental injury and
9filing application for adjustment of claim does not commence to
10run until the termination of such payments. This paragraph does
11not apply to payments made under any group plan which would
12have been payable irrespective of an accidental injury under
13this Act. Any employer receiving such credit shall keep such
14employee safe and harmless from any and all claims or
15liabilities that may be made against him by reason of having
16received such payments only to the extent of such credit.
17    Any excess benefits paid to or on behalf of a State
18employee by the State Employees' Retirement System under
19Article 14 of the Illinois Pension Code on a death claim or
20disputed disability claim shall be credited against any
21payments made or to be made by the State of Illinois to or on
22behalf of such employee under this Act, except for payments for
23medical expenses which have already been incurred at the time
24of the award. The State of Illinois shall directly reimburse
25the State Employees' Retirement System to the extent of such
26credit.

 

 

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1    2. Nothing contained in this Act shall be construed to give
2the employer or the insurance carrier the right to credit for
3any benefits or payments received by the employee other than
4compensation payments provided by this Act, and where the
5employee receives payments other than compensation payments,
6whether as full or partial salary, group insurance benefits,
7bonuses, annuities or any other payments, the employer or
8insurance carrier shall receive credit for each such payment
9only to the extent of the compensation that would have been
10payable during the period covered by such payment.
11    3. The extension of time for the filing of an Application
12for Adjustment of Claim as provided in paragraph 1 above shall
13not apply to those cases where the time for such filing had
14expired prior to the date on which payments or benefits
15enumerated herein have been initiated or resumed. Provided
16however that this paragraph 3 shall apply only to cases wherein
17the payments or benefits hereinabove enumerated shall be
18received after July 1, 1969.
19(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
20eff. 7-13-12.)