99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3467

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/4  from Ch. 48, par. 138.4

    Amends the Workers' Compensation Act. Provides that, in the event of insufficient funds in the Injured Workers' Benefit Fund to pay all claims, an amount of money sufficient to make up the deficiency shall be considered to be always appropriated from the Illinois Workers' Compensation Commission Operations Fund, the Rate Adjustment Fund, the Settlement Fund, and the Second Injury Fund. Provides that the minimum payout from the Injured Workers' Benefit Fund for death or permanent total disability is 364 weeks of benefits payable in a lump sum.


LRB099 07078 JLS 27162 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3467LRB099 07078 JLS 27162 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 Section 4 as follows:
 
6    (820 ILCS 305/4)  (from Ch. 48, par. 138.4)
7    Sec. 4. (a) Any employer, including but not limited to
8general contractors and their subcontractors, who shall come
9within the provisions of Section 3 of this Act, and any other
10employer who shall elect to provide and pay the compensation
11provided for in this Act shall:
12        (1) File with the Commission annually an application
13    for approval as a self-insurer which shall include a
14    current financial statement, and annually, thereafter, an
15    application for renewal of self-insurance, which shall
16    include a current financial statement. Said application
17    and financial statement shall be signed and sworn to by the
18    president or vice president and secretary or assistant
19    secretary of the employer if it be a corporation, or by all
20    of the partners, if it be a copartnership, or by the owner
21    if it be neither a copartnership nor a corporation. All
22    initial applications and all applications for renewal of
23    self-insurance must be submitted at least 60 days prior to

 

 

HB3467- 2 -LRB099 07078 JLS 27162 b

1    the requested effective date of self-insurance. An
2    employer may elect to provide and pay compensation as
3    provided for in this Act as a member of a group workers'
4    compensation pool under Article V 3/4 of the Illinois
5    Insurance Code. If an employer becomes a member of a group
6    workers' compensation pool, the employer shall not be
7    relieved of any obligations imposed by this Act.
8        If the sworn application and financial statement of any
9    such employer does not satisfy the Commission of the
10    financial ability of the employer who has filed it, the
11    Commission shall require such employer to,
12        (2) Furnish security, indemnity or a bond guaranteeing
13    the payment by the employer of the compensation provided
14    for in this Act, provided that any such employer whose
15    application and financial statement shall not have
16    satisfied the commission of his or her financial ability
17    and who shall have secured his liability in part by excess
18    liability insurance shall be required to furnish to the
19    Commission security, indemnity or bond guaranteeing his or
20    her payment up to the effective limits of the excess
21    coverage, or
22        (3) Insure his entire liability to pay such
23    compensation in some insurance carrier authorized,
24    licensed, or permitted to do such insurance business in
25    this State. Every policy of an insurance carrier, insuring
26    the payment of compensation under this Act shall cover all

 

 

HB3467- 3 -LRB099 07078 JLS 27162 b

1    the employees and the entire compensation liability of the
2    insured: Provided, however, that any employer may insure
3    his or her compensation liability with 2 or more insurance
4    carriers or may insure a part and qualify under subsection
5    1, 2, or 4 for the remainder of his or her liability to pay
6    such compensation, subject to the following two
7    provisions:
8            Firstly, the entire compensation liability of the
9        employer to employees working at or from one location
10        shall be insured in one such insurance carrier or shall
11        be self-insured, and
12            Secondly, the employer shall submit evidence
13        satisfactorily to the Commission that his or her entire
14        liability for the compensation provided for in this Act
15        will be secured. Any provisions in any policy, or in
16        any endorsement attached thereto, attempting to limit
17        or modify in any way, the liability of the insurance
18        carriers issuing the same except as otherwise provided
19        herein shall be wholly void.
20        Nothing herein contained shall apply to policies of
21    excess liability carriage secured by employers who have
22    been approved by the Commission as self-insurers, or
23        (4) Make some other provision, satisfactory to the
24    Commission, for the securing of the payment of compensation
25    provided for in this Act, and
26        (5) Upon becoming subject to this Act and thereafter as

 

 

HB3467- 4 -LRB099 07078 JLS 27162 b

1    often as the Commission may in writing demand, file with
2    the Commission in form prescribed by it evidence of his or
3    her compliance with the provision of this Section.
4    (a-1) Regardless of its state of domicile or its principal
5place of business, an employer shall make payments to its
6insurance carrier or group self-insurance fund, where
7applicable, based upon the premium rates of the situs where the
8work or project is located in Illinois if:
9        (A) the employer is engaged primarily in the building
10    and construction industry; and
11        (B) subdivision (a)(3) of this Section applies to the
12    employer or the employer is a member of a group
13    self-insurance plan as defined in subsection (1) of Section
14    4a.
15    The Illinois Workers' Compensation Commission shall impose
16a penalty upon an employer for violation of this subsection
17(a-1) if:
18        (i) the employer is given an opportunity at a hearing
19    to present evidence of its compliance with this subsection
20    (a-1); and
21        (ii) after the hearing, the Commission finds that the
22    employer failed to make payments upon the premium rates of
23    the situs where the work or project is located in Illinois.
24    The penalty shall not exceed $1,000 for each day of work
25for which the employer failed to make payments upon the premium
26rates of the situs where the work or project is located in

 

 

HB3467- 5 -LRB099 07078 JLS 27162 b

1Illinois, but the total penalty shall not exceed $50,000 for
2each project or each contract under which the work was
3performed.
4    Any penalty under this subsection (a-1) must be imposed not
5later than one year after the expiration of the applicable
6limitation period specified in subsection (d) of Section 6 of
7this Act. Penalties imposed under this subsection (a-1) shall
8be deposited into the Illinois Workers' Compensation
9Commission Operations Fund, a special fund that is created in
10the State treasury. Subject to appropriation, moneys in the
11Fund shall be used solely for the operations of the Illinois
12Workers' Compensation Commission and by the Department of
13Insurance for the purposes authorized in subsection (c) of
14Section 25.5 of this Act.
15    (a-2) Every Employee Leasing Company (ELC), as defined in
16Section 15 of the Employee Leasing Company Act, shall at a
17minimum provide the following information to the Commission or
18any entity designated by the Commission regarding each workers'
19compensation insurance policy issued to the ELC:
20        (1) Any client company of the ELC listed as an
21    additional named insured.
22        (2) Any informational schedule attached to the master
23    policy that identifies any individual client company's
24    name, FEIN, and job location.
25        (3) Any certificate of insurance coverage document
26    issued to a client company specifying its rights and

 

 

HB3467- 6 -LRB099 07078 JLS 27162 b

1    obligations under the master policy that establishes both
2    the identity and status of the client, as well as the dates
3    of inception and termination of coverage, if applicable.
4    (b) The sworn application and financial statement, or
5security, indemnity or bond, or amount of insurance, or other
6provisions, filed, furnished, carried, or made by the employer,
7as the case may be, shall be subject to the approval of the
8Commission.
9    Deposits under escrow agreements shall be cash, negotiable
10United States government bonds or negotiable general
11obligation bonds of the State of Illinois. Such cash or bonds
12shall be deposited in escrow with any State or National Bank or
13Trust Company having trust authority in the State of Illinois.
14    Upon the approval of the sworn application and financial
15statement, security, indemnity or bond or amount of insurance,
16filed, furnished or carried, as the case may be, the Commission
17shall send to the employer written notice of its approval
18thereof. The certificate of compliance by the employer with the
19provisions of subparagraphs (2) and (3) of paragraph (a) of
20this Section shall be delivered by the insurance carrier to the
21Illinois Workers' Compensation Commission within five days
22after the effective date of the policy so certified. The
23insurance so certified shall cover all compensation liability
24occurring during the time that the insurance is in effect and
25no further certificate need be filed in case such insurance is
26renewed, extended or otherwise continued by such carrier. The

 

 

HB3467- 7 -LRB099 07078 JLS 27162 b

1insurance so certified shall not be cancelled or in the event
2that such insurance is not renewed, extended or otherwise
3continued, such insurance shall not be terminated until at
4least 10 days after receipt by the Illinois Workers'
5Compensation Commission of notice of the cancellation or
6termination of said insurance; provided, however, that if the
7employer has secured insurance from another insurance carrier,
8or has otherwise secured the payment of compensation in
9accordance with this Section, and such insurance or other
10security becomes effective prior to the expiration of the 10
11days, cancellation or termination may, at the option of the
12insurance carrier indicated in such notice, be effective as of
13the effective date of such other insurance or security.
14    (c) Whenever the Commission shall find that any
15corporation, company, association, aggregation of individuals,
16reciprocal or interinsurers exchange, or other insurer
17effecting workers' compensation insurance in this State shall
18be insolvent, financially unsound, or unable to fully meet all
19payments and liabilities assumed or to be assumed for
20compensation insurance in this State, or shall practice a
21policy of delay or unfairness toward employees in the
22adjustment, settlement, or payment of benefits due such
23employees, the Commission may after reasonable notice and
24hearing order and direct that such corporation, company,
25association, aggregation of individuals, reciprocal or
26interinsurers exchange, or insurer, shall from and after a date

 

 

HB3467- 8 -LRB099 07078 JLS 27162 b

1fixed in such order discontinue the writing of any such
2workers' compensation insurance in this State. Subject to such
3modification of the order as the Commission may later make on
4review of the order, as herein provided, it shall thereupon be
5unlawful for any such corporation, company, association,
6aggregation of individuals, reciprocal or interinsurers
7exchange, or insurer to effect any workers' compensation
8insurance in this State. A copy of the order shall be served
9upon the Director of Insurance by registered mail. Whenever the
10Commission finds that any service or adjustment company used or
11employed by a self-insured employer or by an insurance carrier
12to process, adjust, investigate, compromise or otherwise
13handle claims under this Act, has practiced or is practicing a
14policy of delay or unfairness toward employees in the
15adjustment, settlement or payment of benefits due such
16employees, the Commission may after reasonable notice and
17hearing order and direct that such service or adjustment
18company shall from and after a date fixed in such order be
19prohibited from processing, adjusting, investigating,
20compromising or otherwise handling claims under this Act.
21    Whenever the Commission finds that any self-insured
22employer has practiced or is practicing delay or unfairness
23toward employees in the adjustment, settlement or payment of
24benefits due such employees, the Commission may, after
25reasonable notice and hearing, order and direct that after a
26date fixed in the order such self-insured employer shall be

 

 

HB3467- 9 -LRB099 07078 JLS 27162 b

1disqualified to operate as a self-insurer and shall be required
2to insure his entire liability to pay compensation in some
3insurance carrier authorized, licensed and permitted to do such
4insurance business in this State, as provided in subparagraph 3
5of paragraph (a) of this Section.
6    All orders made by the Commission under this Section shall
7be subject to review by the courts, said review to be taken in
8the same manner and within the same time as provided by Section
919 of this Act for review of awards and decisions of the
10Commission, upon the party seeking the review filing with the
11clerk of the court to which said review is taken a bond in an
12amount to be fixed and approved by the court to which the
13review is taken, conditioned upon the payment of all
14compensation awarded against the person taking said review
15pending a decision thereof and further conditioned upon such
16other obligations as the court may impose. Upon the review the
17Circuit Court shall have power to review all questions of fact
18as well as of law. The penalty hereinafter provided for in this
19paragraph shall not attach and shall not begin to run until the
20final determination of the order of the Commission.
21    (d) Whenever a panel of 3 Commissioners comprised of one
22member of the employing class, one member of the employee
23class, and one member not identified with either the employing
24or employee class, with due process and after a hearing,
25determines an employer has knowingly failed to provide coverage
26as required by paragraph (a) of this Section, the failure shall

 

 

HB3467- 10 -LRB099 07078 JLS 27162 b

1be deemed an immediate serious danger to public health, safety,
2and welfare sufficient to justify service by the Commission of
3a work-stop order on such employer, requiring the cessation of
4all business operations of such employer at the place of
5employment or job site. Any law enforcement agency in the State
6shall, at the request of the Commission, render any assistance
7necessary to carry out the provisions of this Section,
8including, but not limited to, preventing any employee of such
9employer from remaining at a place of employment or job site
10after a work-stop order has taken effect. Any work-stop order
11shall be lifted upon proof of insurance as required by this
12Act. Any orders under this Section are appealable under Section
1319(f) to the Circuit Court.
14    Any individual employer, corporate officer or director of a
15corporate employer, partner of an employer partnership, or
16member of an employer limited liability company who knowingly
17fails to provide coverage as required by paragraph (a) of this
18Section is guilty of a Class 4 felony. This provision shall not
19apply to any corporate officer or director of any
20publicly-owned corporation. Each day's violation constitutes a
21separate offense. The State's Attorney of the county in which
22the violation occurred, or the Attorney General, shall bring
23such actions in the name of the People of the State of
24Illinois, or may, in addition to other remedies provided in
25this Section, bring an action for an injunction to restrain the
26violation or to enjoin the operation of any such employer.

 

 

HB3467- 11 -LRB099 07078 JLS 27162 b

1    Any individual employer, corporate officer or director of a
2corporate employer, partner of an employer partnership, or
3member of an employer limited liability company who negligently
4fails to provide coverage as required by paragraph (a) of this
5Section is guilty of a Class A misdemeanor. This provision
6shall not apply to any corporate officer or director of any
7publicly-owned corporation. Each day's violation constitutes a
8separate offense. The State's Attorney of the county in which
9the violation occurred, or the Attorney General, shall bring
10such actions in the name of the People of the State of
11Illinois.
12    The criminal penalties in this subsection (d) shall not
13apply where there exists a good faith dispute as to the
14existence of an employment relationship. Evidence of good faith
15shall include, but not be limited to, compliance with the
16definition of employee as used by the Internal Revenue Service.
17    Employers who are subject to and who knowingly fail to
18comply with this Section shall not be entitled to the benefits
19of this Act during the period of noncompliance, but shall be
20liable in an action under any other applicable law of this
21State. In the action, such employer shall not avail himself or
22herself of the defenses of assumption of risk or negligence or
23that the injury was due to a co-employee. In the action, proof
24of the injury shall constitute prima facie evidence of
25negligence on the part of such employer and the burden shall be
26on such employer to show freedom of negligence resulting in the

 

 

HB3467- 12 -LRB099 07078 JLS 27162 b

1injury. The employer shall not join any other defendant in any
2such civil action. Nothing in this amendatory Act of the 94th
3General Assembly shall affect the employee's rights under
4subdivision (a)3 of Section 1 of this Act. Any employer or
5carrier who makes payments under subdivision (a)3 of Section 1
6of this Act shall have a right of reimbursement from the
7proceeds of any recovery under this Section.
8    An employee of an uninsured employer, or the employee's
9dependents in case death ensued, may, instead of proceeding
10against the employer in a civil action in court, file an
11application for adjustment of claim with the Commission in
12accordance with the provisions of this Act and the Commission
13shall hear and determine the application for adjustment of
14claim in the manner in which other claims are heard and
15determined before the Commission.
16    All proceedings under this subsection (d) shall be reported
17on an annual basis to the Workers' Compensation Advisory Board.
18    An investigator with the Illinois Workers' Compensation
19Commission Insurance Compliance Division may issue a citation
20to any employer that is not in compliance with its obligation
21to have workers' compensation insurance under this Act. The
22amount of the fine shall be based on the period of time the
23employer was in non-compliance, but shall be no less than $500,
24and shall not exceed $2,500. An employer that has been issued a
25citation shall pay the fine to the Commission and provide to
26the Commission proof that it obtained the required workers'

 

 

HB3467- 13 -LRB099 07078 JLS 27162 b

1compensation insurance within 10 days after the citation was
2issued. This Section does not affect any other obligations this
3Act imposes on employers.
4    Upon a finding by the Commission, after reasonable notice
5and hearing, of the knowing and wilful failure or refusal of an
6employer to comply with any of the provisions of paragraph (a)
7of this Section, the failure or refusal of an employer, service
8or adjustment company, or an insurance carrier to comply with
9any order of the Illinois Workers' Compensation Commission
10pursuant to paragraph (c) of this Section disqualifying him or
11her to operate as a self insurer and requiring him or her to
12insure his or her liability, or the knowing and willful failure
13of an employer to comply with a citation issued by an
14investigator with the Illinois Workers' Compensation
15Commission Insurance Compliance Division, the Commission may
16assess a civil penalty of up to $500 per day for each day of
17such failure or refusal after the effective date of this
18amendatory Act of 1989. The minimum penalty under this Section
19shall be the sum of $10,000. Each day of such failure or
20refusal shall constitute a separate offense. The Commission may
21assess the civil penalty personally and individually against
22the corporate officers and directors of a corporate employer,
23the partners of an employer partnership, and the members of an
24employer limited liability company, after a finding of a
25knowing and willful refusal or failure of each such named
26corporate officer, director, partner, or member to comply with

 

 

HB3467- 14 -LRB099 07078 JLS 27162 b

1this Section. The liability for the assessed penalty shall be
2against the named employer first, and if the named employer
3fails or refuses to pay the penalty to the Commission within 30
4days after the final order of the Commission, then the named
5corporate officers, directors, partners, or members who have
6been found to have knowingly and willfully refused or failed to
7comply with this Section shall be liable for the unpaid penalty
8or any unpaid portion of the penalty. Upon investigation by the
9insurance non-compliance unit of the Commission, the Attorney
10General shall have the authority to prosecute all proceedings
11to enforce the civil and administrative provisions of this
12Section before the Commission. The Commission shall promulgate
13procedural rules for enforcing this Section.
14    Upon the failure or refusal of any employer, service or
15adjustment company or insurance carrier to comply with the
16provisions of this Section and with the orders of the
17Commission under this Section, or the order of the court on
18review after final adjudication, the Commission may bring a
19civil action to recover the amount of the penalty in Cook
20County or in Sangamon County in which litigation the Commission
21shall be represented by the Attorney General. The Commission
22shall send notice of its finding of non-compliance and
23assessment of the civil penalty to the Attorney General. It
24shall be the duty of the Attorney General within 30 days after
25receipt of the notice, to institute prosecutions and promptly
26prosecute all reported violations of this Section.

 

 

HB3467- 15 -LRB099 07078 JLS 27162 b

1    Any individual employer, corporate officer or director of a
2corporate employer, partner of an employer partnership, or
3member of an employer limited liability company who, with the
4intent to avoid payment of compensation under this Act to an
5injured employee or the employee's dependents, knowingly
6transfers, sells, encumbers, assigns, or in any manner disposes
7of, conceals, secretes, or destroys any property belonging to
8the employer, officer, director, partner, or member is guilty
9of a Class 4 felony.
10    Penalties and fines collected pursuant to this paragraph
11(d) shall be deposited upon receipt into a special fund which
12shall be designated the Injured Workers' Benefit Fund, of which
13the State Treasurer is ex-officio custodian, such special fund
14to be held and disbursed in accordance with this paragraph (d)
15for the purposes hereinafter stated in this paragraph (d), upon
16the final order of the Commission. The Injured Workers' Benefit
17Fund shall be deposited the same as are State funds and any
18interest accruing thereon shall be added thereto every 6
19months. The Injured Workers' Benefit Fund is subject to audit
20the same as State funds and accounts and is protected by the
21general bond given by the State Treasurer. The Injured Workers'
22Benefit Fund is considered always appropriated for the purposes
23of disbursements as provided in this paragraph, and shall be
24paid out and disbursed as herein provided and shall not at any
25time be appropriated or diverted to any other use or purpose.
26Moneys in the Injured Workers' Benefit Fund shall be used only

 

 

HB3467- 16 -LRB099 07078 JLS 27162 b

1for payment of workers' compensation benefits for injured
2employees when the employer has failed to provide coverage as
3determined under this paragraph (d) and has failed to pay the
4benefits due to the injured employee. The Commission shall have
5the right to obtain reimbursement from the employer for
6compensation obligations paid by the Injured Workers' Benefit
7Fund. Any such amounts obtained shall be deposited by the
8Commission into the Injured Workers' Benefit Fund. If an
9injured employee or his or her personal representative receives
10payment from the Injured Workers' Benefit Fund, the State of
11Illinois has the same rights under paragraph (b) of Section 5
12that the employer who failed to pay the benefits due to the
13injured employee would have had if the employer had paid those
14benefits, and any moneys recovered by the State as a result of
15the State's exercise of its rights under paragraph (b) of
16Section 5 shall be deposited into the Injured Workers' Benefit
17Fund. The custodian of the Injured Workers' Benefit Fund shall
18be joined with the employer as a party respondent in the
19application for adjustment of claim. After July 1, 2006, the
20Commission shall make disbursements from the Fund once each
21year to each eligible claimant. An eligible claimant is an
22injured worker who has within the previous fiscal year obtained
23a final award for benefits from the Commission against the
24employer and the Injured Workers' Benefit Fund and has notified
25the Commission within 90 days of receipt of such award. Within
26a reasonable time after the end of each fiscal year, the

 

 

HB3467- 17 -LRB099 07078 JLS 27162 b

1Commission shall make a disbursement to each eligible claimant.
2At the time of disbursement, if there are insufficient moneys
3in the Fund to pay all claims, each eligible claimant shall
4receive a pro-rata share, as determined by the Commission, of
5the available moneys in the Fund for that year. Payment from
6the Injured Workers' Benefit Fund to an eligible claimant
7pursuant to this provision shall discharge the obligations of
8the Injured Workers' Benefit Fund regarding the award entered
9by the Commission.
10    If there are insufficient moneys in the Injured Workers'
11Benefit Fund to pay all claims, an amount of money sufficient
12to make up the deficiency is considered always to be
13appropriated for the purposes of disbursements as provided in
14this paragraph from the Illinois Workers' Compensation
15Commission Operations Fund, the Rate Adjustment Fund, the
16Settlement Fund and the Second Injury Fund.
17    In cases of death or permanent total disability that are
18paid out of the Injured Workers' Benefit Fund, the minimum
19benefit payable to the eligible claimant shall be 364 weeks of
20death or permanent total disability benefits in a lump sum,
21excluding benefits payable under subsection (a) or (b) of
22Section 8. Benefits payable under subsection (a) or (b) of
23Section 8 shall be in addition to the minimum 364 weeks of
24death or permanent total disability benefits payable in a lump
25sum.
26    Proof that an employer was not insured or is not insured

 

 

HB3467- 18 -LRB099 07078 JLS 27162 b

1constitutes a rebuttable presumption that the employer
2knowingly failed to comply with this Section.
3    (e) This Act shall not affect or disturb the continuance of
4any existing insurance, mutual aid, benefit, or relief
5association or department, whether maintained in whole or in
6part by the employer or whether maintained by the employees,
7the payment of benefits of such association or department being
8guaranteed by the employer or by some person, firm or
9corporation for him or her: Provided, the employer contributes
10to such association or department an amount not less than the
11full compensation herein provided, exclusive of the cost of the
12maintenance of such association or department and without any
13expense to the employee. This Act shall not prevent the
14organization and maintaining under the insurance laws of this
15State of any benefit or insurance company for the purpose of
16insuring against the compensation provided for in this Act, the
17expense of which is maintained by the employer. This Act shall
18not prevent the organization or maintaining under the insurance
19laws of this State of any voluntary mutual aid, benefit or
20relief association among employees for the payment of
21additional accident or sick benefits.
22    (f) No existing insurance, mutual aid, benefit or relief
23association or department shall, by reason of anything herein
24contained, be authorized to discontinue its operation without
25first discharging its obligations to any and all persons
26carrying insurance in the same or entitled to relief or

 

 

HB3467- 19 -LRB099 07078 JLS 27162 b

1benefits therein.
2    (g) Any contract, oral, written or implied, of employment
3providing for relief benefit, or insurance or any other device
4whereby the employee is required to pay any premium or premiums
5for insurance against the compensation provided for in this Act
6shall be null and void. Any employer withholding from the wages
7of any employee any amount for the purpose of paying any such
8premium shall be guilty of a Class B misdemeanor.
9    In the event the employer does not pay the compensation for
10which he or she is liable, then an insurance company,
11association or insurer which may have insured such employer
12against such liability shall become primarily liable to pay to
13the employee, his or her personal representative or beneficiary
14the compensation required by the provisions of this Act to be
15paid by such employer. The insurance carrier may be made a
16party to the proceedings in which the employer is a party and
17an award may be entered jointly against the employer and the
18insurance carrier.
19    (h) It shall be unlawful for any employer, insurance
20company or service or adjustment company to interfere with,
21restrain or coerce an employee in any manner whatsoever in the
22exercise of the rights or remedies granted to him or her by
23this Act or to discriminate, attempt to discriminate, or
24threaten to discriminate against an employee in any way because
25of his or her exercise of the rights or remedies granted to him
26or her by this Act.

 

 

HB3467- 20 -LRB099 07078 JLS 27162 b

1    It shall be unlawful for any employer, individually or
2through any insurance company or service or adjustment company,
3to discharge or to threaten to discharge, or to refuse to
4rehire or recall to active service in a suitable capacity an
5employee because of the exercise of his or her rights or
6remedies granted to him or her by this Act.
7    (i) If an employer elects to obtain a life insurance policy
8on his employees, he may also elect to apply such benefits in
9satisfaction of all or a portion of the death benefits payable
10under this Act, in which case, the employer's compensation
11premium shall be reduced accordingly.
12    (j) Within 45 days of receipt of an initial application or
13application to renew self-insurance privileges the
14Self-Insurers Advisory Board shall review and submit for
15approval by the Chairman of the Commission recommendations of
16disposition of all initial applications to self-insure and all
17applications to renew self-insurance privileges filed by
18private self-insurers pursuant to the provisions of this
19Section and Section 4a-9 of this Act. Each private self-insurer
20shall submit with its initial and renewal applications the
21application fee required by Section 4a-4 of this Act.
22    The Chairman of the Commission shall promptly act upon all
23initial applications and applications for renewal in full
24accordance with the recommendations of the Board or, should the
25Chairman disagree with any recommendation of disposition of the
26Self-Insurer's Advisory Board, he shall within 30 days of

 

 

HB3467- 21 -LRB099 07078 JLS 27162 b

1receipt of such recommendation provide to the Board in writing
2the reasons supporting his decision. The Chairman shall also
3promptly notify the employer of his decision within 15 days of
4receipt of the recommendation of the Board.
5    If an employer is denied a renewal of self-insurance
6privileges pursuant to application it shall retain said
7privilege for 120 days after receipt of a notice of
8cancellation of the privilege from the Chairman of the
9Commission.
10    All orders made by the Chairman under this Section shall be
11subject to review by the courts, such review to be taken in the
12same manner and within the same time as provided by subsection
13(f) of Section 19 of this Act for review of awards and
14decisions of the Commission, upon the party seeking the review
15filing with the clerk of the court to which such review is
16taken a bond in an amount to be fixed and approved by the court
17to which the review is taken, conditioned upon the payment of
18all compensation awarded against the person taking such review
19pending a decision thereof and further conditioned upon such
20other obligations as the court may impose. Upon the review the
21Circuit Court shall have power to review all questions of fact
22as well as of law.
23(Source: P.A. 97-18, eff. 6-28-11.)