Illinois General Assembly - Full Text of HB3408
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Full Text of HB3408  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Dan Ugaste


820 ILCS 305/19  from Ch. 48, par. 138.19

    Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.

LRB103 27214 SPS 53584 b





HB3408LRB103 27214 SPS 53584 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 19 as follows:
6    (820 ILCS 305/19)  (from Ch. 48, par. 138.19)
7    Sec. 19. Any disputed questions of law or fact shall be
8determined as herein provided.
9    (a) It shall be the duty of the Commission upon
10notification that the parties have failed to reach an
11agreement, to designate an Arbitrator.
12        1. Whenever any claimant misconceives his remedy and
13    files an application for adjustment of claim under this
14    Act and it is subsequently discovered, at any time before
15    final disposition of such cause, that the claim for
16    disability or death which was the basis for such
17    application should properly have been made under the
18    Workers' Occupational Diseases Act, then the provisions of
19    Section 19, paragraph (a-1) of the Workers' Occupational
20    Diseases Act having reference to such application shall
21    apply.
22        2. Whenever any claimant misconceives his remedy and
23    files an application for adjustment of claim under the



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1    Workers' Occupational Diseases Act and it is subsequently
2    discovered, at any time before final disposition of such
3    cause that the claim for injury or death which was the
4    basis for such application should properly have been made
5    under this Act, then the application so filed under the
6    Workers' Occupational Diseases Act may be amended in form,
7    substance or both to assert claim for such disability or
8    death under this Act and it shall be deemed to have been so
9    filed as amended on the date of the original filing
10    thereof, and such compensation may be awarded as is
11    warranted by the whole evidence pursuant to this Act. When
12    such amendment is submitted, further or additional
13    evidence may be heard by the Arbitrator or Commission when
14    deemed necessary. Nothing in this Section contained shall
15    be construed to be or permit a waiver of any provisions of
16    this Act with reference to notice but notice if given
17    shall be deemed to be a notice under the provisions of this
18    Act if given within the time required herein.
19    (b) The Arbitrator shall make such inquiries and
20investigations as he or they shall deem necessary and may
21examine and inspect all books, papers, records, places, or
22premises relating to the questions in dispute and hear such
23proper evidence as the parties may submit.
24    The hearings before the Arbitrator shall be held in the
25vicinity where the injury occurred after 10 days' notice of
26the time and place of such hearing shall have been given to



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1each of the parties or their attorneys of record.
2    The Arbitrator may find that the disabling condition is
3temporary and has not yet reached a permanent condition and
4may order the payment of compensation up to the date of the
5hearing, which award shall be reviewable and enforceable in
6the same manner as other awards, and in no instance be a bar to
7a further hearing and determination of a further amount of
8temporary total compensation or of compensation for permanent
9disability, but shall be conclusive as to all other questions
10except the nature and extent of said disability.
11    The decision of the Arbitrator shall be filed with the
12Commission which Commission shall immediately send to each
13party or his attorney a copy of such decision, together with a
14notification of the time when it was filed. As of the effective
15date of this amendatory Act of the 94th General Assembly, all
16decisions of the Arbitrator shall set forth in writing
17findings of fact and conclusions of law, separately stated, if
18requested by either party. Unless a petition for review is
19filed by either party within 30 days after the receipt by such
20party of the copy of the decision and notification of time when
21filed, and unless such party petitioning for a review shall
22within 35 days after the receipt by him of the copy of the
23decision, file with the Commission either an agreed statement
24of the facts appearing upon the hearing before the Arbitrator,
25or if such party shall so elect a correct transcript of
26evidence of the proceedings at such hearings, then the



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1decision shall become the decision of the Commission and in
2the absence of fraud shall be conclusive. The Petition for
3Review shall contain a statement of the petitioning party's
4specific exceptions to the decision of the arbitrator. The
5jurisdiction of the Commission to review the decision of the
6arbitrator shall not be limited to the exceptions stated in
7the Petition for Review. The Commission, or any member
8thereof, may grant further time not exceeding 30 days, in
9which to file such agreed statement or transcript of evidence.
10Such agreed statement of facts or correct transcript of
11evidence, as the case may be, shall be authenticated by the
12signatures of the parties or their attorneys, and in the event
13they do not agree as to the correctness of the transcript of
14evidence it shall be authenticated by the signature of the
15Arbitrator designated by the Commission.
16    Whether the employee is working or not, if the employee is
17not receiving or has not received medical, surgical, or
18hospital services or other services or compensation as
19provided in paragraph (a) of Section 8, or compensation as
20provided in paragraph (b) of Section 8, the employee may at any
21time petition for an expedited hearing by an Arbitrator on the
22issue of whether or not he or she is entitled to receive
23payment of the services or compensation. Provided the employer
24continues to pay compensation pursuant to paragraph (b) of
25Section 8, the employer may at any time petition for an
26expedited hearing on the issue of whether or not the employee



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1is entitled to receive medical, surgical, or hospital services
2or other services or compensation as provided in paragraph (a)
3of Section 8, or compensation as provided in paragraph (b) of
4Section 8. When an employer has petitioned for an expedited
5hearing, the employer shall continue to pay compensation as
6provided in paragraph (b) of Section 8 unless the arbitrator
7renders a decision that the employee is not entitled to the
8benefits that are the subject of the expedited hearing or
9unless the employee's treating physician has released the
10employee to return to work at his or her regular job with the
11employer or the employee actually returns to work at any other
12job. If the arbitrator renders a decision that the employee is
13not entitled to the benefits that are the subject of the
14expedited hearing, a petition for review filed by the employee
15shall receive the same priority as if the employee had filed a
16petition for an expedited hearing by an Arbitrator. Neither
17party shall be entitled to an expedited hearing when the
18employee has returned to work and the sole issue in dispute
19amounts to less than 12 weeks of unpaid compensation pursuant
20to paragraph (b) of Section 8.
21    Expedited hearings shall have priority over all other
22petitions and shall be heard by the Arbitrator and Commission
23with all convenient speed. Any party requesting an expedited
24hearing shall give notice of a request for an expedited
25hearing under this paragraph. A copy of the Application for
26Adjustment of Claim shall be attached to the notice. The



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1Commission shall adopt rules and procedures under which the
2final decision of the Commission under this paragraph is filed
3not later than 180 days from the date that the Petition for
4Review is filed with the Commission.
5    Where 2 or more insurance carriers, private self-insureds,
6or a group workers' compensation pool under Article V 3/4 of
7the Illinois Insurance Code dispute coverage for the same
8injury, any such insurance carrier, private self-insured, or
9group workers' compensation pool may request an expedited
10hearing pursuant to this paragraph to determine the issue of
11coverage, provided coverage is the only issue in dispute and
12all other issues are stipulated and agreed to and further
13provided that all compensation benefits including medical
14benefits pursuant to Section 8(a) continue to be paid to or on
15behalf of petitioner. Any insurance carrier, private
16self-insured, or group workers' compensation pool that is
17determined to be liable for coverage for the injury in issue
18shall reimburse any insurance carrier, private self-insured,
19or group workers' compensation pool that has paid benefits to
20or on behalf of petitioner for the injury.
21    (b-1) If the employee is not receiving medical, surgical
22or hospital services as provided in paragraph (a) of Section 8
23or compensation as provided in paragraph (b) of Section 8, the
24employee, in accordance with Commission Rules, may file a
25petition for an emergency hearing by an Arbitrator on the
26issue of whether or not he is entitled to receive payment of



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1such compensation or services as provided therein. Such
2petition shall have priority over all other petitions and
3shall be heard by the Arbitrator and Commission with all
4convenient speed.
5    Such petition shall contain the following information and
6shall be served on the employer at least 15 days before it is
8        (i) the date and approximate time of accident;
9        (ii) the approximate location of the accident;
10        (iii) a description of the accident;
11        (iv) the nature of the injury incurred by the
12    employee;
13        (v) the identity of the person, if known, to whom the
14    accident was reported and the date on which it was
15    reported;
16        (vi) the name and title of the person, if known,
17    representing the employer with whom the employee conferred
18    in any effort to obtain compensation pursuant to paragraph
19    (b) of Section 8 of this Act or medical, surgical or
20    hospital services pursuant to paragraph (a) of Section 8
21    of this Act and the date of such conference;
22        (vii) a statement that the employer has refused to pay
23    compensation pursuant to paragraph (b) of Section 8 of
24    this Act or for medical, surgical or hospital services
25    pursuant to paragraph (a) of Section 8 of this Act;
26        (viii) the name and address, if known, of each witness



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1    to the accident and of each other person upon whom the
2    employee will rely to support his allegations;
3        (ix) the dates of treatment related to the accident by
4    medical practitioners, and the names and addresses of such
5    practitioners, including the dates of treatment related to
6    the accident at any hospitals and the names and addresses
7    of such hospitals, and a signed authorization permitting
8    the employer to examine all medical records of all
9    practitioners and hospitals named pursuant to this
10    paragraph;
11        (x) a copy of a signed report by a medical
12    practitioner, relating to the employee's current inability
13    to return to work because of the injuries incurred as a
14    result of the accident or such other documents or
15    affidavits which show that the employee is entitled to
16    receive compensation pursuant to paragraph (b) of Section
17    8 of this Act or medical, surgical or hospital services
18    pursuant to paragraph (a) of Section 8 of this Act. Such
19    reports, documents or affidavits shall state, if possible,
20    the history of the accident given by the employee, and
21    describe the injury and medical diagnosis, the medical
22    services for such injury which the employee has received
23    and is receiving, the physical activities which the
24    employee cannot currently perform as a result of any
25    impairment or disability due to such injury, and the
26    prognosis for recovery;



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1        (xi) complete copies of any reports, records,
2    documents and affidavits in the possession of the employee
3    on which the employee will rely to support his
4    allegations, provided that the employer shall pay the
5    reasonable cost of reproduction thereof;
6        (xii) a list of any reports, records, documents and
7    affidavits which the employee has demanded by subpoena and
8    on which he intends to rely to support his allegations;
9        (xiii) a certification signed by the employee or his
10    representative that the employer has received the petition
11    with the required information 15 days before filing.
12    Fifteen days after receipt by the employer of the petition
13with the required information the employee may file said
14petition and required information and shall serve notice of
15the filing upon the employer. The employer may file a motion
16addressed to the sufficiency of the petition. If an objection
17has been filed to the sufficiency of the petition, the
18arbitrator shall rule on the objection within 2 working days.
19If such an objection is filed, the time for filing the final
20decision of the Commission as provided in this paragraph shall
21be tolled until the arbitrator has determined that the
22petition is sufficient.
23    The employer shall, within 15 days after receipt of the
24notice that such petition is filed, file with the Commission
25and serve on the employee or his representative a written
26response to each claim set forth in the petition, including



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1the legal and factual basis for each disputed allegation and
2the following information: (i) complete copies of any reports,
3records, documents and affidavits in the possession of the
4employer on which the employer intends to rely in support of
5his response, (ii) a list of any reports, records, documents
6and affidavits which the employer has demanded by subpoena and
7on which the employer intends to rely in support of his
8response, (iii) the name and address of each witness on whom
9the employer will rely to support his response, and (iv) the
10names and addresses of any medical practitioners selected by
11the employer pursuant to Section 12 of this Act and the time
12and place of any examination scheduled to be made pursuant to
13such Section.
14    Any employer who does not timely file and serve a written
15response without good cause may not introduce any evidence to
16dispute any claim of the employee but may cross examine the
17employee or any witness brought by the employee and otherwise
18be heard.
19    No document or other evidence not previously identified by
20either party with the petition or written response, or by any
21other means before the hearing, may be introduced into
22evidence without good cause. If, at the hearing, material
23information is discovered which was not previously disclosed,
24the Arbitrator may extend the time for closing proof on the
25motion of a party for a reasonable period of time which may be
26more than 30 days. No evidence may be introduced pursuant to



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1this paragraph as to permanent disability. No award may be
2entered for permanent disability pursuant to this paragraph.
3Either party may introduce into evidence the testimony taken
4by deposition of any medical practitioner.
5    The Commission shall adopt rules, regulations and
6procedures whereby the final decision of the Commission is
7filed not later than 90 days from the date the petition for
8review is filed but in no event later than 180 days from the
9date the petition for an emergency hearing is filed with the
10Illinois Workers' Compensation Commission.
11    All service required pursuant to this paragraph (b-1) must
12be by personal service or by certified mail and with evidence
13of receipt. In addition for the purposes of this paragraph,
14all service on the employer must be at the premises where the
15accident occurred if the premises are owned or operated by the
16employer. Otherwise service must be at the employee's
17principal place of employment by the employer. If service on
18the employer is not possible at either of the above, then
19service shall be at the employer's principal place of
20business. After initial service in each case, service shall be
21made on the employer's attorney or designated representative.
22    (c)(1) At a reasonable time in advance of and in
23connection with the hearing under Section 19(e) or 19(h), the
24Commission may on its own motion order an impartial physical
25or mental examination of a petitioner whose mental or physical
26condition is in issue, when in the Commission's discretion it



HB3408- 12 -LRB103 27214 SPS 53584 b

1appears that such an examination will materially aid in the
2just determination of the case. The examination shall be made
3by a member or members of a panel of physicians chosen for
4their special qualifications by the Illinois State Medical
5Society. The Commission shall establish procedures by which a
6physician shall be selected from such list.
7    (2) Should the Commission at any time during the hearing
8find that compelling considerations make it advisable to have
9an examination and report at that time, the commission may in
10its discretion so order.
11    (3) A copy of the report of examination shall be given to
12the Commission and to the attorneys for the parties.
13    (4) Either party or the Commission may call the examining
14physician or physicians to testify. Any physician so called
15shall be subject to cross-examination.
16    (5) The examination shall be made, and the physician or
17physicians, if called, shall testify, without cost to the
18parties. The Commission shall determine the compensation and
19the pay of the physician or physicians. The compensation for
20this service shall not exceed the usual and customary amount
21for such service.
22    (6) The fees and payment thereof of all attorneys and
23physicians for services authorized by the Commission under
24this Act shall, upon request of either the employer or the
25employee or the beneficiary affected, be subject to the review
26and decision of the Commission.



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1    (d) If any employee shall persist in insanitary or
2injurious practices which tend to either imperil or retard his
3recovery or shall refuse to submit to such medical, surgical,
4or hospital treatment as is reasonably essential to promote
5his recovery, the Commission may, in its discretion, reduce or
6suspend the compensation of any such injured employee.
7However, when an employer and employee so agree in writing,
8the foregoing provision shall not be construed to authorize
9the reduction or suspension of compensation of an employee who
10is relying in good faith, on treatment by prayer or spiritual
11means alone, in accordance with the tenets and practice of a
12recognized church or religious denomination, by a duly
13accredited practitioner thereof.
14    (e) This paragraph shall apply to all hearings before the
15Commission. Such hearings may be held in its office or
16elsewhere as the Commission may deem advisable. The taking of
17testimony on such hearings may be had before any member of the
18Commission. If a petition for review and agreed statement of
19facts or transcript of evidence is filed, as provided herein,
20the Commission shall promptly review the decision of the
21Arbitrator and all questions of law or fact which appear from
22the statement of facts or transcript of evidence.
23    In all cases in which the hearing before the arbitrator is
24held after December 18, 1989, no additional evidence shall be
25introduced by the parties before the Commission on review of
26the decision of the Arbitrator. In reviewing decisions of an



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1arbitrator the Commission shall award such temporary
2compensation, permanent compensation and other payments as are
3due under this Act. The Commission shall file in its office its
4decision thereon, and shall immediately send to each party or
5his attorney a copy of such decision and a notification of the
6time when it was filed. Decisions shall be filed within 60 days
7after the Statement of Exceptions and Supporting Brief and
8Response thereto are required to be filed or oral argument
9whichever is later.
10    In the event either party requests oral argument, such
11argument shall be had before a panel of 3 members of the
12Commission (or before all available members pursuant to the
13determination of 7 members of the Commission that such
14argument be held before all available members of the
15Commission) pursuant to the rules and regulations of the
16Commission. A panel of 3 members, which shall be comprised of
17not more than one representative citizen of the employing
18class and not more than one representative from a labor
19organization recognized under the National Labor Relations Act
20or an attorney who has represented labor organizations or has
21represented employees in workers' compensation cases, shall
22hear the argument; provided that if all the issues in dispute
23are solely the nature and extent of the permanent partial
24disability, if any, a majority of the panel may deny the
25request for such argument and such argument shall not be held;
26and provided further that 7 members of the Commission may



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1determine that the argument be held before all available
2members of the Commission. A decision of the Commission shall
3be approved by a majority of Commissioners present at such
4hearing if any; provided, if no such hearing is held, a
5decision of the Commission shall be approved by a majority of a
6panel of 3 members of the Commission as described in this
7Section. The Commission shall give 10 days' notice to the
8parties or their attorneys of the time and place of such taking
9of testimony and of such argument.
10    In any case the Commission in its decision may find
11specially upon any question or questions of law or fact which
12shall be submitted in writing by either party whether ultimate
13or otherwise; provided that on issues other than nature and
14extent of the disability, if any, the Commission in its
15decision shall find specially upon any question or questions
16of law or fact, whether ultimate or otherwise, which are
17submitted in writing by either party; provided further that
18not more than 5 such questions may be submitted by either
19party. Any party may, within 20 days after receipt of notice of
20the Commission's decision, or within such further time, not
21exceeding 30 days, as the Commission may grant, file with the
22Commission either an agreed statement of the facts appearing
23upon the hearing, or, if such party shall so elect, a correct
24transcript of evidence of the additional proceedings presented
25before the Commission, in which report the party may embody a
26correct statement of such other proceedings in the case as



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1such party may desire to have reviewed, such statement of
2facts or transcript of evidence to be authenticated by the
3signature of the parties or their attorneys, and in the event
4that they do not agree, then the authentication of such
5transcript of evidence shall be by the signature of any member
6of the Commission.
7    If a reporter does not for any reason furnish a transcript
8of the proceedings before the Arbitrator in any case for use on
9a hearing for review before the Commission, within the
10limitations of time as fixed in this Section, the Commission
11may, in its discretion, order a trial de novo before the
12Commission in such case upon application of either party. The
13applications for adjustment of claim and other documents in
14the nature of pleadings filed by either party, together with
15the decisions of the Arbitrator and of the Commission and the
16statement of facts or transcript of evidence hereinbefore
17provided for in paragraphs (b) and (c) shall be the record of
18the proceedings of the Commission, and shall be subject to
19review as hereinafter provided.
20    At the request of either party or on its own motion, the
21Commission shall set forth in writing the reasons for the
22decision, including findings of fact and conclusions of law
23separately stated. The Commission shall by rule adopt a format
24for written decisions for the Commission and arbitrators. The
25written decisions shall be concise and shall succinctly state
26the facts and reasons for the decision. The Commission may



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1adopt in whole or in part, the decision of the arbitrator as
2the decision of the Commission. When the Commission does so
3adopt the decision of the arbitrator, it shall do so by order.
4Whenever the Commission adopts part of the arbitrator's
5decision, but not all, it shall include in the order the
6reasons for not adopting all of the arbitrator's decision.
7When a majority of a panel, after deliberation, has arrived at
8its decision, the decision shall be filed as provided in this
9Section without unnecessary delay, and without regard to the
10fact that a member of the panel has expressed an intention to
11dissent. Any member of the panel may file a dissent. Any
12dissent shall be filed no later than 10 days after the decision
13of the majority has been filed.
14    Decisions rendered by the Commission and dissents, if any,
15shall be published together by the Commission. The conclusions
16of law set out in such decisions shall be regarded as
17precedents by arbitrators for the purpose of achieving a more
18uniform administration of this Act.
19    (f) The decision of the Commission acting within its
20powers, according to the provisions of paragraph (e) of this
21Section shall, in the absence of fraud, be conclusive unless
22reviewed as in this paragraph hereinafter provided. However,
23the Arbitrator or the Commission may on his or its own motion,
24or on the motion of either party, correct any clerical error or
25errors in computation within 15 days after the date of receipt
26of any award by such Arbitrator or any decision on review of



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1the Commission and shall have the power to recall the original
2award on arbitration or decision on review, and issue in lieu
3thereof such corrected award or decision. Where such
4correction is made the time for review herein specified shall
5begin to run from the date of the receipt of the corrected
6award or decision.
7        (1) Except in cases of claims against the State of
8    Illinois other than those claims under Section 18.1, in
9    which case the decision of the Commission shall not be
10    subject to judicial review, the Circuit Court of the
11    county where any of the parties defendant may be found, or
12    if none of the parties defendant can be found in this State
13    then the Circuit Court of the county where the accident
14    occurred, shall by summons to the Commission have power to
15    review all questions of law and fact presented by such
16    record.
17        A proceeding for review shall be commenced within 20
18    days of the receipt of notice of the decision of the
19    Commission. The summons shall be issued by the clerk of
20    such court upon written request returnable on a designated
21    return day, not less than 10 or more than 60 days from the
22    date of issuance thereof, and the written request shall
23    contain the last known address of other parties in
24    interest and their attorneys of record who are to be
25    served by summons. Service upon any member of the
26    Commission or the Secretary or the Assistant Secretary



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1    thereof shall be service upon the Commission, and service
2    upon other parties in interest and their attorneys of
3    record shall be by summons, and such service shall be made
4    upon the Commission and other parties in interest by
5    mailing notices of the commencement of the proceedings and
6    the return day of the summons to the office of the
7    Commission and to the last known place of residence of
8    other parties in interest or their attorney or attorneys
9    of record. The clerk of the court issuing the summons
10    shall on the day of issue mail notice of the commencement
11    of the proceedings which shall be done by mailing a copy of
12    the summons to the office of the Commission, and a copy of
13    the summons to the other parties in interest or their
14    attorney or attorneys of record and the clerk of the court
15    shall make certificate that he has so sent said notices in
16    pursuance of this Section, which shall be evidence of
17    service on the Commission and other parties in interest.
18        The Commission shall not be required to certify the
19    record of their proceedings to the Circuit Court, unless
20    the party commencing the proceedings for review in the
21    Circuit Court as above provided, shall file with the
22    Commission notice of intent to file for review in Circuit
23    Court. It shall be the duty of the Commission upon such
24    filing of notice of intent to file for review in the
25    Circuit Court to prepare a true and correct copy of such
26    testimony and a true and correct copy of all other matters



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1    contained in such record and certified to by the Secretary
2    or Assistant Secretary thereof. The changes made to this
3    subdivision (f)(1) by this amendatory Act of the 98th
4    General Assembly apply to any Commission decision entered
5    after the effective date of this amendatory Act of the
6    98th General Assembly.
7        No request for a summons may be filed and no summons
8    shall issue unless the party seeking to review the
9    decision of the Commission shall exhibit to the clerk of
10    the Circuit Court proof of filing with the Commission of
11    the notice of the intent to file for review in the Circuit
12    Court or an affidavit of the attorney setting forth that
13    notice of intent to file for review in the Circuit Court
14    has been given in writing to the Secretary or Assistant
15    Secretary of the Commission.
16        (2) No such summons shall issue unless the one against
17    whom the Commission shall have rendered an award for the
18    payment of money shall upon the filing of his written
19    request for such summons file with the clerk of the court a
20    bond or other collateral and guarantee pursuant to
21    subdivision (f)(3) conditioned that if he shall not
22    successfully prosecute the review, he will pay the award
23    and the costs of the proceedings in the courts. The amount
24    of the bond or other collateral and guarantee pursuant to
25    subdivision (f)(3) shall be fixed by any member of the
26    Commission and the surety or sureties of the bond shall be



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1    approved by the clerk of the court. The acceptance of the
2    bond or other collateral and guarantee pursuant to
3    subdivision (f)(3) by the clerk of the court shall
4    constitute evidence of his approval of the bond or other
5    collateral and guarantee pursuant to subdivision (f)(3).
6        (3) If the party seeking judicial review is the party
7    against whom the Commission rendered an award for payment
8    of money, then within the time frame for the commencement
9    of proceedings, the party shall provide to the circuit
10    court collateral or guarantee of payment of the award if
11    the review is not successfully prosecuted.
12            (A) Collateral or guarantee may be provided in the
13        following ways:
14                (i) filing an insurance policy pursuant to
15            Section 392.1 of the Illinois Insurance Code;
16                (ii) filing a certificate of self-insurance;
17                (iii) placing sufficient funds in an escrow
18            account; or
19                (iv) filing a bond signed by the employer or
20            any duly designated representative of the
21            employer, and in the event the employer is
22            insured, any representative of the insurer.
23            (B) If an insurance policy or certificate of
24        self-insurance is filed as collateral or guarantee,
25        the party respondent has 20 days within which to
26        object, and if the objection is sustained, the party



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1        so filing the insurance policy or certificate of
2        self-insurance has 10 days to cure the defect or
3        otherwise file another appropriate form of collateral
4        or guarantee. If no objection is filed within the 20
5        days, all objections are waived.
6            (C) On motion supported by good cause made within
7        the time frame for the commencement of proceedings or
8        within any extension granted pursuant to this
9        subdivision, the time for filing and approval of the
10        collateral or guarantee may be extended by the circuit
11        court, but the total extensions of time granted by the
12        circuit court may not aggregate more than 45 days from
13        the original due date unless the parties otherwise
14        stipulate in writing. The motion must be presented to
15        the circuit court at the time of filing the judicial
16        review and called for hearing and ruled upon by the
17        court within 10 days thereafter.
18            (D) The following shall not be required to file a
19        bond or other collateral and guarantee to secure the
20        payment of the award and the costs of the proceedings
21        in the court to authorize the court to issue such
22        summons:
23                (i) (1) the State, including its
24            constitutional officers, boards, commissions,
25            agencies, public institutions of higher learning,
26            and the State Treasurer, for a fund administered



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1            by the State Treasurer ex officio against whom the
2            Commission shall have rendered an award for the
3            payment of money; and
4                (ii) (2) a county, city, town, township,
5            incorporated village, school district, body
6            politic, or municipal corporation against whom the
7            Commission shall have rendered an award for the
8            payment of money.
9            (E) The Treasurer's Office shall not be required
10        to post a bond when appealing on behalf of the Injured
11        Workers' Benefit Fund.
12        The court may confirm or set aside the decision of the
13    Commission. If the decision is set aside and the facts
14    found in the proceedings before the Commission are
15    sufficient, the court may enter such decision as is
16    justified by law, or may remand the cause to the
17    Commission for further proceedings and may state the
18    questions requiring further hearing, and give such other
19    instructions as may be proper. Appeals shall be taken to
20    the Appellate Court in accordance with Supreme Court Rules
21    22(g) and 303. Appeals shall be taken from the Appellate
22    Court to the Supreme Court in accordance with Supreme
23    Court Rule 315.
24        It shall be the duty of the clerk of any court
25    rendering a decision affecting or affirming an award of
26    the Commission to promptly furnish the Commission with a



HB3408- 24 -LRB103 27214 SPS 53584 b

1    copy of such decision, without charge.
2        The decision of a majority of the members of the panel
3    of the Commission, shall be considered the decision of the
4    Commission.
5    (g) Except in the case of a claim against the State of
6Illinois, either party may present a certified copy of the
7award of the Arbitrator, or a certified copy of the decision of
8the Commission when the same has become final, when no
9proceedings for review are pending, providing for the payment
10of compensation according to this Act, to the Circuit Court of
11the county in which such accident occurred or either of the
12parties are residents, whereupon the court shall enter a
13judgment in accordance therewith. In a case where the employer
14refuses to pay compensation according to such final award or
15such final decision upon which such judgment is entered the
16court shall in entering judgment thereon, tax as costs against
17him the reasonable costs and attorney fees in the arbitration
18proceedings and in the court entering the judgment for the
19person in whose favor the judgment is entered, which judgment
20and costs taxed as therein provided shall, until and unless
21set aside, have the same effect as though duly entered in an
22action duly tried and determined by the court, and shall with
23like effect, be entered and docketed. The Circuit Court shall
24have power at any time upon application to make any such
25judgment conform to any modification required by any
26subsequent decision of the Supreme Court upon appeal, or as



HB3408- 25 -LRB103 27214 SPS 53584 b

1the result of any subsequent proceedings for review, as
2provided in this Act.
3    Judgment shall not be entered until 15 days' notice of the
4time and place of the application for the entry of judgment
5shall be served upon the employer by filing such notice with
6the Commission, which Commission shall, in case it has on file
7the address of the employer or the name and address of its
8agent upon whom notices may be served, immediately send a copy
9of the notice to the employer or such designated agent.
10    (h) An agreement or award under this Act providing for
11compensation in installments, may at any time within 18 months
12after such agreement or award be reviewed by the Commission at
13the request of either the employer or the employee, on the
14ground that the disability of the employee has subsequently
15recurred, increased, diminished or ended.
16    However, as to accidents occurring subsequent to July 1,
171955, which are covered by any agreement or award under this
18Act providing for compensation in installments made as a
19result of such accident, such agreement or award may at any
20time within 30 months, or 60 months in the case of an award
21under Section 8(d)1, after such agreement or award be reviewed
22by the Commission at the request of either the employer or the
23employee on the ground that the disability of the employee has
24subsequently recurred, increased, diminished or ended.
25    On such review, compensation payments may be
26re-established, increased, diminished or ended. The Commission



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1shall give 15 days' notice to the parties of the hearing for
2review. Any employee, upon any petition for such review being
3filed by the employer, shall be entitled to one day's notice
4for each 100 miles necessary to be traveled by him in attending
5the hearing of the Commission upon the petition, and 3 days in
6addition thereto. Such employee shall, at the discretion of
7the Commission, also be entitled to 5 cents per mile
8necessarily traveled by him within the State of Illinois in
9attending such hearing, not to exceed a distance of 300 miles,
10to be taxed by the Commission as costs and deposited with the
11petition of the employer.
12    When compensation which is payable in accordance with an
13award or settlement contract approved by the Commission, is
14ordered paid in a lump sum by the Commission, no review shall
15be had as in this paragraph mentioned.
16    (i) Each party, upon taking any proceedings or steps
17whatsoever before any Arbitrator, Commission or court, shall
18file with the Commission his address, or the name and address
19of any agent upon whom all notices to be given to such party
20shall be served, either personally or by registered mail,
21addressed to such party or agent at the last address so filed
22with the Commission. In the event such party has not filed his
23address, or the name and address of an agent as above provided,
24service of any notice may be had by filing such notice with the
26    (j) Whenever in any proceeding testimony has been taken or



HB3408- 27 -LRB103 27214 SPS 53584 b

1a final decision has been rendered and after the taking of such
2testimony or after such decision has become final, the injured
3employee dies, then in any subsequent proceedings brought by
4the personal representative or beneficiaries of the deceased
5employee, such testimony in the former proceeding may be
6introduced with the same force and effect as though the
7witness having so testified were present in person in such
8subsequent proceedings and such final decision, if any, shall
9be taken as final adjudication of any of the issues which are
10the same in both proceedings.
11    (k) In case where there has been any unreasonable or
12vexatious delay of payment or intentional underpayment of
13compensation, or proceedings have been instituted or carried
14on by the one liable to pay the compensation, which do not
15present a real controversy, but are merely frivolous or for
16delay, then the Commission may award compensation additional
17to that otherwise payable under this Act equal to 50% of the
18amount payable at the time of such award. Failure to pay
19compensation in accordance with the provisions of Section 8,
20paragraph (b) of this Act, shall be considered unreasonable
22    When determining whether this subsection (k) shall apply,
23the Commission shall consider whether an Arbitrator has
24determined that the claim is not compensable or whether the
25employer has made payments under Section 8(j).
26    (l) If the employee has made written demand for payment of



HB3408- 28 -LRB103 27214 SPS 53584 b

1benefits under Section 8(a) or Section 8(b), the employer
2shall have 14 days after receipt of the demand to set forth in
3writing the reason for the delay. In the case of demand for
4payment of medical benefits under Section 8(a), the time for
5the employer to respond shall not commence until the
6expiration of the allotted 30 days specified under Section
78.2(d). In case the employer or his or her insurance carrier
8shall without good and just cause fail, neglect, refuse, or
9unreasonably delay the payment of benefits under Section 8(a)
10or Section 8(b), the Arbitrator or the Commission shall allow
11to the employee additional compensation in the sum of $30 per
12day for each day that the benefits under Section 8(a) or
13Section 8(b) have been so withheld or refused, not to exceed
14$10,000. A delay in payment of 14 days or more shall create a
15rebuttable presumption of unreasonable delay.
16    (m) If the commission finds that an accidental injury was
17directly and proximately caused by the employer's wilful
18violation of a health and safety standard under the Health and
19Safety Act or the Occupational Safety and Health Act in force
20at the time of the accident, the arbitrator or the Commission
21shall allow to the injured employee or his dependents, as the
22case may be, additional compensation equal to 25% of the
23amount which otherwise would be payable under the provisions
24of this Act exclusive of this paragraph. The additional
25compensation herein provided shall be allowed by an
26appropriate increase in the applicable weekly compensation



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2    (n) After June 30, 1984, decisions of the Illinois
3Workers' Compensation Commission reviewing an award of an
4arbitrator of the Commission shall draw interest at a rate
5equal to the yield on indebtedness issued by the United States
6Government with a 26-week maturity next previously auctioned
7on the day on which the decision is filed. Said rate of
8interest shall be set forth in the Arbitrator's Decision.
9Interest shall be drawn from the date of the arbitrator's
10award on all accrued compensation due the employee through the
11day prior to the date of payments. However, when an employee
12appeals an award of an Arbitrator or the Commission, and the
13appeal results in no change or a decrease in the award,
14interest shall not further accrue from the date of such
16    The employer or his insurance carrier may tender the
17payments due under the award to stop the further accrual of
18interest on such award notwithstanding the prosecution by
19either party of review, certiorari, appeal to the Supreme
20Court or other steps to reverse, vacate or modify the award.
21    (o) By the 15th day of each month each insurer providing
22coverage for losses under this Act shall notify each insured
23employer of any compensable claim incurred during the
24preceding month and the amounts paid or reserved on the claim
25including a summary of the claim and a brief statement of the
26reasons for compensability. A cumulative report of all claims



HB3408- 30 -LRB103 27214 SPS 53584 b

1incurred during a calendar year or continued from the previous
2year shall be furnished to the insured employer by the insurer
3within 30 days after the end of that calendar year.
4    The insured employer may challenge, in proceeding before
5the Commission, payments made by the insurer without
6arbitration and payments made after a case is determined to be
7noncompensable. If the Commission finds that the case was not
8compensable, the insurer shall purge its records as to that
9employer of any loss or expense associated with the claim,
10reimburse the employer for attorneys' fees arising from the
11challenge and for any payment required of the employer to the
12Rate Adjustment Fund or the Second Injury Fund, and may not
13reflect the loss or expense for rate making purposes. The
14employee shall not be required to refund the challenged
15payment. The decision of the Commission may be reviewed in the
16same manner as in arbitrated cases. No challenge may be
17initiated under this paragraph more than 3 years after the
18payment is made. An employer may waive the right of challenge
19under this paragraph on a case by case basis.
20    (p) After filing an application for adjustment of claim
21but prior to the hearing on arbitration the parties may
22voluntarily agree to submit such application for adjustment of
23claim for decision by an arbitrator under this subsection (p)
24where such application for adjustment of claim raises only a
25dispute over temporary total disability, permanent partial
26disability or medical expenses. Such agreement shall be in



HB3408- 31 -LRB103 27214 SPS 53584 b

1writing in such form as provided by the Commission.
2Applications for adjustment of claim submitted for decision by
3an arbitrator under this subsection (p) shall proceed
4according to rule as established by the Commission. The
5Commission shall promulgate rules including, but not limited
6to, rules to ensure that the parties are adequately informed
7of their rights under this subsection (p) and of the voluntary
8nature of proceedings under this subsection (p). The findings
9of fact made by an arbitrator acting within his or her powers
10under this subsection (p) in the absence of fraud shall be
11conclusive. However, the arbitrator may on his own motion, or
12the motion of either party, correct any clerical errors or
13errors in computation within 15 days after the date of receipt
14of such award of the arbitrator and shall have the power to
15recall the original award on arbitration, and issue in lieu
16thereof such corrected award. The decision of the arbitrator
17under this subsection (p) shall be considered the decision of
18the Commission and proceedings for review of questions of law
19arising from the decision may be commenced by either party
20pursuant to subsection (f) of Section 19. The Advisory Board
21established under Section 13.1 shall compile a list of
22certified Commission arbitrators, each of whom shall be
23approved by at least 7 members of the Advisory Board. The
24chairman shall select 5 persons from such list to serve as
25arbitrators under this subsection (p). By agreement, the
26parties shall select one arbitrator from among the 5 persons



HB3408- 32 -LRB103 27214 SPS 53584 b

1selected by the chairman except that if the parties do not
2agree on an arbitrator from among the 5 persons, the parties
3may, by agreement, select an arbitrator of the American
4Arbitration Association, whose fee shall be paid by the State
5in accordance with rules promulgated by the Commission.
6Arbitration under this subsection (p) shall be voluntary.
7(Source: P.A. 101-384, eff. 1-1-20; 102-775, eff. 5-13-22.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.