99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3043

 

Introduced 2/18/2016, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 305/8  from Ch. 48, par. 138.8
820 ILCS 305/8.1a rep.

    Amends the Workers' Compensation Act. Provides that employers have the right to select medical providers. Authorizes employers to establish a network of providers and require employees to select providers from the network. Eliminates the employee's ability to secure his or her own provider at the employer's expense. Repeals provisions concerning the establishment and operation of preferred provider programs.


LRB099 18551 JLS 45015 b

 

 

A BILL FOR

 

SB3043LRB099 18551 JLS 45015 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 8 as follows:
 
6    (820 ILCS 305/8)  (from Ch. 48, par. 138.8)
7    Sec. 8. The amount of compensation which shall be paid to
8the employee for an accidental injury not resulting in death
9is:
10    (a) The employer shall provide and pay the negotiated rate,
11if applicable, or the lesser of the health care provider's
12actual charges or according to a fee schedule, subject to
13Section 8.2, in effect at the time the service was rendered for
14all the necessary first aid, medical and surgical services, and
15all necessary medical, surgical and hospital services
16thereafter incurred, limited, however, to that which is
17reasonably required to cure or relieve from the effects of the
18accidental injury, even if a health care provider sells,
19transfers, or otherwise assigns an account receivable for
20procedures, treatments, or services covered under this Act. If
21the employer does not dispute payment of first aid, medical,
22surgical, and hospital services, the employer shall make such
23payment to the provider on behalf of the employee. The employer

 

 

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1shall also pay for treatment, instruction and training
2necessary for the physical, mental and vocational
3rehabilitation of the employee, including all maintenance
4costs and expenses incidental thereto. If as a result of the
5injury the employee is unable to be self-sufficient the
6employer shall further pay for such maintenance or
7institutional care as shall be required.
8    The employer shall have the right to select the medical
9provider and shall be permitted to establish or contract with
10one or more networks of medical providers. If the employer
11utilizes a provider network, the employee shall have the right
12to select any provider participating in the network. In the
13event the employee is not satisfied with the provider first
14selected, the employee shall have the right to make an
15alternative choice of provider participating in the network. In
16the event that the Commission finds that a provider selected by
17the employer is rendering improper or inadequate care, the
18Commission may permit the employee to select a
19non-participating provider that is certified or qualified in
20the medical field for which treatment is required. If the
21employee refuses to make such change, the Commission may
22relieve the employer of his or her obligation to pay the
23provider's charges from the date of refusal to the date of
24compliance.
25    The employee may at any time elect to secure his own
26physician, surgeon and hospital services at the employer's

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1shall replace or repair such denture, glasses, lenses, or
2artificial member.
3    The furnishing by the employer of any such services or
4appliances is not an admission of liability on the part of the
5employer to pay compensation.
6    The furnishing of any such services or appliances or the
7servicing thereof by the employer is not the payment of
8compensation.
9    (b) If the period of temporary total incapacity for work
10lasts more than 3 working days, weekly compensation as
11hereinafter provided shall be paid beginning on the 4th day of
12such temporary total incapacity and continuing as long as the
13total temporary incapacity lasts. In cases where the temporary
14total incapacity for work continues for a period of 14 days or
15more from the day of the accident compensation shall commence
16on the day after the accident.
17        1. The compensation rate for temporary total
18    incapacity under this paragraph (b) of this Section shall
19    be equal to 66 2/3% of the employee's average weekly wage
20    computed in accordance with Section 10, provided that it
21    shall be not less than 66 2/3% of the sum of the Federal
22    minimum wage under the Fair Labor Standards Act, or the
23    Illinois minimum wage under the Minimum Wage Law, whichever
24    is more, multiplied by 40 hours. This percentage rate shall
25    be increased by 10% for each spouse and child, not to
26    exceed 100% of the total minimum wage calculation, nor

 

 

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1    exceed the employee's average weekly wage computed in
2    accordance with the provisions of Section 10, whichever is
3    less.
4        2. The compensation rate in all cases other than for
5    temporary total disability under this paragraph (b), and
6    other than for serious and permanent disfigurement under
7    paragraph (c) and other than for permanent partial
8    disability under subparagraph (2) of paragraph (d) or under
9    paragraph (e), of this Section shall be equal to 66 2/3% of
10    the employee's average weekly wage computed in accordance
11    with the provisions of Section 10, provided that it shall
12    be not less than 66 2/3% of the sum of the Federal minimum
13    wage under the Fair Labor Standards Act, or the Illinois
14    minimum wage under the Minimum Wage Law, whichever is more,
15    multiplied by 40 hours. This percentage rate shall be
16    increased by 10% for each spouse and child, not to exceed
17    100% of the total minimum wage calculation, nor exceed the
18    employee's average weekly wage computed in accordance with
19    the provisions of Section 10, whichever is less.
20        2.1. The compensation rate in all cases of serious and
21    permanent disfigurement under paragraph (c) and of
22    permanent partial disability under subparagraph (2) of
23    paragraph (d) or under paragraph (e) of this Section shall
24    be equal to 60% of the employee's average weekly wage
25    computed in accordance with the provisions of Section 10,
26    provided that it shall be not less than 66 2/3% of the sum

 

 

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1    of the Federal minimum wage under the Fair Labor Standards
2    Act, or the Illinois minimum wage under the Minimum Wage
3    Law, whichever is more, multiplied by 40 hours. This
4    percentage rate shall be increased by 10% for each spouse
5    and child, not to exceed 100% of the total minimum wage
6    calculation, nor exceed the employee's average weekly wage
7    computed in accordance with the provisions of Section 10,
8    whichever is less.
9        3. As used in this Section the term "child" means a
10    child of the employee including any child legally adopted
11    before the accident or whom at the time of the accident the
12    employee was under legal obligation to support or to whom
13    the employee stood in loco parentis, and who at the time of
14    the accident was under 18 years of age and not emancipated.
15    The term "children" means the plural of "child".
16        4. All weekly compensation rates provided under
17    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
18    Section shall be subject to the following limitations:
19        The maximum weekly compensation rate from July 1, 1975,
20    except as hereinafter provided, shall be 100% of the
21    State's average weekly wage in covered industries under the
22    Unemployment Insurance Act, that being the wage that most
23    closely approximates the State's average weekly wage.
24        The maximum weekly compensation rate, for the period
25    July 1, 1984, through June 30, 1987, except as hereinafter
26    provided, shall be $293.61. Effective July 1, 1987 and on

 

 

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

 

 

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1        From July 1, 1977 and thereafter such maximum weekly
2    compensation rate in death cases under Section 7, and
3    permanent total disability cases under paragraph (f) or
4    subparagraph 18 of paragraph (3) of this Section and for
5    temporary total disability under paragraph (b) of this
6    Section and for amputation of a member or enucleation of an
7    eye under paragraph (e) of this Section shall be increased
8    to 133-1/3% of the State's average weekly wage in covered
9    industries under the Unemployment Insurance Act.
10        For injuries occurring on or after February 1, 2006,
11    the maximum weekly benefit under paragraph (d)1 of this
12    Section shall be 100% of the State's average weekly wage in
13    covered industries under the Unemployment Insurance Act.
14        4.1. Any provision herein to the contrary
15    notwithstanding, the weekly compensation rate for
16    compensation payments under subparagraph 18 of paragraph
17    (e) of this Section and under paragraph (f) of this Section
18    and under paragraph (a) of Section 7 and for amputation of
19    a member or enucleation of an eye under paragraph (e) of
20    this Section, shall in no event be less than 50% of the
21    State's average weekly wage in covered industries under the
22    Unemployment Insurance Act.
23        4.2. Any provision to the contrary notwithstanding,
24    the total compensation payable under Section 7 shall not
25    exceed the greater of $500,000 or 25 years.
26        5. For the purpose of this Section this State's average

 

 

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

 

 

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1hand, head, face, neck, arm, leg below the knee or the chest
2above the axillary line, the employee is entitled to
3compensation for such disfigurement, the amount determined by
4agreement at any time or by arbitration under this Act, at a
5hearing not less than 6 months after the date of the accidental
6injury, which amount shall not exceed 150 weeks (if the
7accidental injury occurs on or after the effective date of this
8amendatory Act of the 94th General Assembly but before February
91, 2006) or 162 weeks (if the accidental injury occurs on or
10after February 1, 2006) at the applicable rate provided in
11subparagraph 2.1 of paragraph (b) of this Section.
12    No compensation is payable under this paragraph where
13compensation is payable under paragraphs (d), (e) or (f) of
14this Section.
15    A duly appointed member of a fire department in a city, the
16population of which exceeds 500,000 according to the last
17federal or State census, is eligible for compensation under
18this paragraph only where such serious and permanent
19disfigurement results from burns.
20    (d) 1. If, after the accidental injury has been sustained,
21the employee as a result thereof becomes partially
22incapacitated from pursuing his usual and customary line of
23employment, he shall, except in cases compensated under the
24specific schedule set forth in paragraph (e) of this Section,
25receive compensation for the duration of his disability,
26subject to the limitations as to maximum amounts fixed in

 

 

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

 

 

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

 

 

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1total incapacity for work resulting from such accidental
2injury, under subparagraph 1 of paragraph (b) of this Section,
3and shall receive in addition thereto compensation for a
4further period for the specific loss herein mentioned, but
5shall not receive any compensation under any other provisions
6of this Act. The following listed amounts apply to either the
7loss of or the permanent and complete loss of use of the member
8specified, such compensation for the length of time as follows:
9        1. Thumb-
10            70 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            76 weeks if the accidental injury occurs on or
14        after February 1, 2006.
15        2. First, or index finger-
16            40 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            43 weeks if the accidental injury occurs on or
20        after February 1, 2006.
21        3. Second, or middle finger-
22            35 weeks if the accidental injury occurs on or
23        after the effective date of this amendatory Act of the
24        94th General Assembly but before February 1, 2006.
25            38 weeks if the accidental injury occurs on or
26        after February 1, 2006.

 

 

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

 

 

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

 

 

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1    in the same hand shall constitute the complete loss of a
2    hand.
3        10. Arm-
4            235 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            253 weeks if the accidental injury occurs on or
8        after February 1, 2006.
9        Where an accidental injury results in the amputation of
10    an arm below the elbow, such injury shall be compensated as
11    a loss of an arm. Where an accidental injury results in the
12    amputation of an arm above the elbow, compensation for an
13    additional 15 weeks (if the accidental injury occurs on or
14    after the effective date of this amendatory Act of the 94th
15    General Assembly but before February 1, 2006) or an
16    additional 17 weeks (if the accidental injury occurs on or
17    after February 1, 2006) shall be paid, except where the
18    accidental injury results in the amputation of an arm at
19    the shoulder joint, or so close to shoulder joint that an
20    artificial arm cannot be used, or results in the
21    disarticulation of an arm at the shoulder joint, in which
22    case compensation for an additional 65 weeks (if the
23    accidental injury occurs on or after the effective date of
24    this amendatory Act of the 94th General Assembly but before
25    February 1, 2006) or an additional 70 weeks (if the
26    accidental injury occurs on or after February 1, 2006)

 

 

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1    shall be paid.
2        11. Foot-
3            155 weeks if the accidental injury occurs on or
4        after the effective date of this amendatory Act of the
5        94th General Assembly but before February 1, 2006.
6            167 weeks if the accidental injury occurs on or
7        after February 1, 2006.
8        12. Leg-
9            200 weeks if the accidental injury occurs on or
10        after the effective date of this amendatory Act of the
11        94th General Assembly but before February 1, 2006.
12            215 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        Where an accidental injury results in the amputation of
15    a leg below the knee, such injury shall be compensated as
16    loss of a leg. Where an accidental injury results in the
17    amputation of a leg above the knee, compensation for an
18    additional 25 weeks (if the accidental injury occurs on or
19    after the effective date of this amendatory Act of the 94th
20    General Assembly but before February 1, 2006) or an
21    additional 27 weeks (if the accidental injury occurs on or
22    after February 1, 2006) shall be paid, except where the
23    accidental injury results in the amputation of a leg at the
24    hip joint, or so close to the hip joint that an artificial
25    leg cannot be used, or results in the disarticulation of a
26    leg at the hip joint, in which case compensation for an

 

 

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1    additional 75 weeks (if the accidental injury occurs on or
2    after the effective date of this amendatory Act of the 94th
3    General Assembly but before February 1, 2006) or an
4    additional 81 weeks (if the accidental injury occurs on or
5    after February 1, 2006) shall be paid.
6        13. Eye-
7            150 weeks if the accidental injury occurs on or
8        after the effective date of this amendatory Act of the
9        94th General Assembly but before February 1, 2006.
10            162 weeks if the accidental injury occurs on or
11        after February 1, 2006.
12        Where an accidental injury results in the enucleation
13    of an eye, compensation for an additional 10 weeks (if the
14    accidental injury occurs on or after the effective date of
15    this amendatory Act of the 94th General Assembly but before
16    February 1, 2006) or an additional 11 weeks (if the
17    accidental injury occurs on or after February 1, 2006)
18    shall be paid.
19        14. Loss of hearing of one ear-
20            50 weeks if the accidental injury occurs on or
21        after the effective date of this amendatory Act of the
22        94th General Assembly but before February 1, 2006.
23            54 weeks if the accidental injury occurs on or
24        after February 1, 2006.
25        Total and permanent loss of hearing of both ears-
26            200 weeks if the accidental injury occurs on or

 

 

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1        after the effective date of this amendatory Act of the
2        94th General Assembly but before February 1, 2006.
3            215 weeks if the accidental injury occurs on or
4        after February 1, 2006.
5        15. Testicle-
6            50 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            54 weeks if the accidental injury occurs on or
10        after February 1, 2006.
11        Both testicles-
12            150 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            162 weeks if the accidental injury occurs on or
16        after February 1, 2006.
17        16. For the permanent partial loss of use of a member
18    or sight of an eye, or hearing of an ear, compensation
19    during that proportion of the number of weeks in the
20    foregoing schedule provided for the loss of such member or
21    sight of an eye, or hearing of an ear, which the partial
22    loss of use thereof bears to the total loss of use of such
23    member, or sight of eye, or hearing of an ear.
24            (a) Loss of hearing for compensation purposes
25        shall be confined to the frequencies of 1,000, 2,000
26        and 3,000 cycles per second. Loss of hearing ability

 

 

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1        for frequency tones above 3,000 cycles per second are
2        not to be considered as constituting disability for
3        hearing.
4            (b) The percent of hearing loss, for purposes of
5        the determination of compensation claims for
6        occupational deafness, shall be calculated as the
7        average in decibels for the thresholds of hearing for
8        the frequencies of 1,000, 2,000 and 3,000 cycles per
9        second. Pure tone air conduction audiometric
10        instruments, approved by nationally recognized
11        authorities in this field, shall be used for measuring
12        hearing loss. If the losses of hearing average 30
13        decibels or less in the 3 frequencies, such losses of
14        hearing shall not then constitute any compensable
15        hearing disability. If the losses of hearing average 85
16        decibels or more in the 3 frequencies, then the same
17        shall constitute and be total or 100% compensable
18        hearing loss.
19            (c) In measuring hearing impairment, the lowest
20        measured losses in each of the 3 frequencies shall be
21        added together and divided by 3 to determine the
22        average decibel loss. For every decibel of loss
23        exceeding 30 decibels an allowance of 1.82% shall be
24        made up to the maximum of 100% which is reached at 85
25        decibels.
26            (d) If a hearing loss is established to have

 

 

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1        existed on July 1, 1975 by audiometric testing the
2        employer shall not be liable for the previous loss so
3        established nor shall he be liable for any loss for
4        which compensation has been paid or awarded.
5            (e) No consideration shall be given to the question
6        of whether or not the ability of an employee to
7        understand speech is improved by the use of a hearing
8        aid.
9            (f) No claim for loss of hearing due to industrial
10        noise shall be brought against an employer or allowed
11        unless the employee has been exposed for a period of
12        time sufficient to cause permanent impairment to noise
13        levels in excess of the following:
14Sound Level DBA
15Slow ResponseHours Per Day
16908
17926
18954
19973
201002
211021-1/2
221051
231101/2
241151/4
25        This subparagraph (f) shall not be applied in cases of
26    hearing loss resulting from trauma or explosion.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Section.
2    The custodian of the Second Injury Fund provided for in
3paragraph (f) of Section 7 shall be joined with the employer as
4a party respondent in the application for adjustment of claim.
5The application for adjustment of claim shall state briefly and
6in general terms the approximate time and place and manner of
7the loss of the first member.
8    In its award the Commission or the Arbitrator shall
9specifically find the amount the injured employee shall be
10weekly paid, the number of weeks compensation which shall be
11paid by the employer, the date upon which payments begin out of
12the Second Injury Fund provided for in paragraph (f) of Section
137 of this Act, the length of time the weekly payments continue,
14the date upon which the pension payments commence and the
15monthly amount of the payments. The Commission shall 30 days
16after the date upon which payments out of the Second Injury
17Fund have begun as provided in the award, and every month
18thereafter, prepare and submit to the State Comptroller a
19voucher for payment for all compensation accrued to that date
20at the rate fixed by the Commission. The State Comptroller
21shall draw a warrant to the injured employee along with a
22receipt to be executed by the injured employee and returned to
23the Commission. The endorsed warrant and receipt is a full and
24complete acquittance to the Commission for the payment out of
25the Second Injury Fund. No other appropriation or warrant is
26necessary for payment out of the Second Injury Fund. The Second

 

 

SB3043- 31 -LRB099 18551 JLS 45015 b

1Injury Fund is appropriated for the purpose of making payments
2according to the terms of the awards.
3    As of July 1, 1980 to July 1, 1982, all claims against and
4obligations of the Second Injury Fund shall become claims
5against and obligations of the Rate Adjustment Fund to the
6extent there is insufficient money in the Second Injury Fund to
7pay such claims and obligations. In that case, all references
8to "Second Injury Fund" in this Section shall also include the
9Rate Adjustment Fund.
10    (g) Every award for permanent total disability entered by
11the Commission on and after July 1, 1965 under which
12compensation payments shall become due and payable after the
13effective date of this amendatory Act, and every award for
14death benefits or permanent total disability entered by the
15Commission on and after the effective date of this amendatory
16Act shall be subject to annual adjustments as to the amount of
17the compensation rate therein provided. Such adjustments shall
18first be made on July 15, 1977, and all awards made and entered
19prior to July 1, 1975 and on July 15 of each year thereafter.
20In all other cases such adjustment shall be made on July 15 of
21the second year next following the date of the entry of the
22award and shall further be made on July 15 annually thereafter.
23If during the intervening period from the date of the entry of
24the award, or the last periodic adjustment, there shall have
25been an increase in the State's average weekly wage in covered
26industries under the Unemployment Insurance Act, the weekly

 

 

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1compensation rate shall be proportionately increased by the
2same percentage as the percentage of increase in the State's
3average weekly wage in covered industries under the
4Unemployment Insurance Act. The increase in the compensation
5rate under this paragraph shall in no event bring the total
6compensation rate to an amount greater than the prevailing
7maximum rate at the time that the annual adjustment is made.
8Such increase shall be paid in the same manner as herein
9provided for payments under the Second Injury Fund to the
10injured employee, or his dependents, as the case may be, out of
11the Rate Adjustment Fund provided in paragraph (f) of Section 7
12of this Act. Payments shall be made at the same intervals as
13provided in the award or, at the option of the Commission, may
14be made in quarterly payment on the 15th day of January, April,
15July and October of each year. In the event of a decrease in
16such average weekly wage there shall be no change in the then
17existing compensation rate. The within paragraph shall not
18apply to cases where there is disputed liability and in which a
19compromise lump sum settlement between the employer and the
20injured employee, or his dependents, as the case may be, has
21been duly approved by the Illinois Workers' Compensation
22Commission.
23    Provided, that in cases of awards entered by the Commission
24for injuries occurring before July 1, 1975, the increases in
25the compensation rate adjusted under the foregoing provision of
26this paragraph (g) shall be limited to increases in the State's

 

 

SB3043- 33 -LRB099 18551 JLS 45015 b

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

 

 

SB3043- 34 -LRB099 18551 JLS 45015 b

1award. This paragraph shall not apply to cases where there is
2disputed liability and in which a compromise lump sum
3settlement between the employer and the injured employee, or
4his or her dependents, as the case may be, has been duly
5approved by the Illinois Workers' Compensation Commission.
6    The annual adjustments for every award of death benefits or
7permanent total disability involving accidents occurring
8before July 20, 2005 and accidents occurring on or after the
9effective date of this amendatory Act of the 94th General
10Assembly (Senate Bill 1283 of the 94th General Assembly) shall
11continue to be paid from the Rate Adjustment Fund pursuant to
12this paragraph and Section 7(f) of this Act.
13    (h) In case death occurs from any cause before the total
14compensation to which the employee would have been entitled has
15been paid, then in case the employee leaves any widow, widower,
16child, parent (or any grandchild, grandparent or other lineal
17heir or any collateral heir dependent at the time of the
18accident upon the earnings of the employee to the extent of 50%
19or more of total dependency) such compensation shall be paid to
20the beneficiaries of the deceased employee and distributed as
21provided in paragraph (g) of Section 7.
22    (h-1) In case an injured employee is under legal disability
23at the time when any right or privilege accrues to him or her
24under this Act, a guardian may be appointed pursuant to law,
25and may, on behalf of such person under legal disability, claim
26and exercise any such right or privilege with the same effect

 

 

SB3043- 35 -LRB099 18551 JLS 45015 b

1as if the employee himself or herself had claimed or exercised
2the right or privilege. No limitations of time provided by this
3Act run so long as the employee who is under legal disability
4is without a conservator or guardian.
5    (i) In case the injured employee is under 16 years of age
6at the time of the accident and is illegally employed, the
7amount of compensation payable under paragraphs (b), (c), (d),
8(e) and (f) of this Section is increased 50%.
9    However, where an employer has on file an employment
10certificate issued pursuant to the Child Labor Law or work
11permit issued pursuant to the Federal Fair Labor Standards Act,
12as amended, or a birth certificate properly and duly issued,
13such certificate, permit or birth certificate is conclusive
14evidence as to the age of the injured minor employee for the
15purposes of this Section.
16    Nothing herein contained repeals or amends the provisions
17of the Child Labor Law relating to the employment of minors
18under the age of 16 years.
19    (j) 1. In the event the injured employee receives benefits,
20including medical, surgical or hospital benefits under any
21group plan covering non-occupational disabilities contributed
22to wholly or partially by the employer, which benefits should
23not have been payable if any rights of recovery existed under
24this Act, then such amounts so paid to the employee from any
25such group plan as shall be consistent with, and limited to,
26the provisions of paragraph 2 hereof, shall be credited to or

 

 

SB3043- 36 -LRB099 18551 JLS 45015 b

1against any compensation payment for temporary total
2incapacity for work or any medical, surgical or hospital
3benefits made or to be made under this Act. In such event, the
4period of time for giving notice of accidental injury and
5filing application for adjustment of claim does not commence to
6run until the termination of such payments. This paragraph does
7not apply to payments made under any group plan which would
8have been payable irrespective of an accidental injury under
9this Act. Any employer receiving such credit shall keep such
10employee safe and harmless from any and all claims or
11liabilities that may be made against him by reason of having
12received such payments only to the extent of such credit.
13    Any excess benefits paid to or on behalf of a State
14employee by the State Employees' Retirement System under
15Article 14 of the Illinois Pension Code on a death claim or
16disputed disability claim shall be credited against any
17payments made or to be made by the State of Illinois to or on
18behalf of such employee under this Act, except for payments for
19medical expenses which have already been incurred at the time
20of the award. The State of Illinois shall directly reimburse
21the State Employees' Retirement System to the extent of such
22credit.
23    2. Nothing contained in this Act shall be construed to give
24the employer or the insurance carrier the right to credit for
25any benefits or payments received by the employee other than
26compensation payments provided by this Act, and where the

 

 

SB3043- 37 -LRB099 18551 JLS 45015 b

1employee receives payments other than compensation payments,
2whether as full or partial salary, group insurance benefits,
3bonuses, annuities or any other payments, the employer or
4insurance carrier shall receive credit for each such payment
5only to the extent of the compensation that would have been
6payable during the period covered by such payment.
7    3. The extension of time for the filing of an Application
8for Adjustment of Claim as provided in paragraph 1 above shall
9not apply to those cases where the time for such filing had
10expired prior to the date on which payments or benefits
11enumerated herein have been initiated or resumed. Provided
12however that this paragraph 3 shall apply only to cases wherein
13the payments or benefits hereinabove enumerated shall be
14received after July 1, 1969.
15(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
16eff. 7-13-12.)
 
17    (820 ILCS 305/8.1a rep.)
18    Section 10. The Workers' Compensation Act is amended by
19repealing Section 8.1a.