Illinois General Assembly - Full Text of HB5653
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Full Text of HB5653  99th General Assembly

HB5653 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5653

 

Introduced , by Rep. Mark Batinick

 

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

    Amends the Workers' Compensation Act. Provides that the payment of temporary benefits is without prejudice and is not an admission of liability. Provides that, upon a determination that a payor is not responsible for the payments of benefits, the payments made may be recovered from the recipient of the benefits.


LRB099 19363 JLS 44994 b

 

 

A BILL FOR

 

HB5653LRB099 19363 JLS 44994 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 employee may at any time elect to secure his own
9physician, surgeon and hospital services at the employer's
10expense, or,
11    Upon agreement between the employer and the employees, or
12the employees' exclusive representative, and subject to the
13approval of the Illinois Workers' Compensation Commission, the
14employer shall maintain a list of physicians, to be known as a
15Panel of Physicians, who are accessible to the employees. The
16employer shall post this list in a place or places easily
17accessible to his employees. The employee shall have the right
18to make an alternative choice of physician from such Panel if
19he is not satisfied with the physician first selected. If, due
20to the nature of the injury or its occurrence away from the
21employer's place of business, the employee is unable to make a
22selection from the Panel, the selection process from the Panel
23shall not apply. The physician selected from the Panel may
24arrange for any consultation, referral or other specialized
25medical services outside the Panel at the employer's expense.
26Provided that, in the event the Commission shall find that a

 

 

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1doctor selected by the employee is rendering improper or
2inadequate care, the Commission may order the employee to
3select another doctor certified or qualified in the medical
4field for which treatment is required. If the employee refuses
5to make such change the Commission may relieve the employer of
6his obligation to pay the doctor's charges from the date of
7refusal to the date of compliance.
8    Any vocational rehabilitation counselors who provide
9service under this Act shall have appropriate certifications
10which designate the counselor as qualified to render opinions
11relating to vocational rehabilitation. Vocational
12rehabilitation may include, but is not limited to, counseling
13for job searches, supervising a job search program, and
14vocational retraining including education at an accredited
15learning institution. The employee or employer may petition to
16the Commission to decide disputes relating to vocational
17rehabilitation and the Commission shall resolve any such
18dispute, including payment of the vocational rehabilitation
19program by the employer.
20    The maintenance benefit shall not be less than the
21temporary total disability rate determined for the employee. In
22addition, maintenance shall include costs and expenses
23incidental to the vocational rehabilitation program.
24    When the employee is working light duty on a part-time
25basis or full-time basis and earns less than he or she would be
26earning if employed in the full capacity of the job or jobs,

 

 

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1then the employee shall be entitled to temporary partial
2disability benefits. Temporary partial disability benefits
3shall be equal to two-thirds of the difference between the
4average amount that the employee would be able to earn in the
5full performance of his or her duties in the occupation in
6which he or she was engaged at the time of accident and the
7gross amount which he or she is earning in the modified job
8provided to the employee by the employer or in any other job
9that the employee is working.
10    Every hospital, physician, surgeon or other person
11rendering treatment or services in accordance with the
12provisions of this Section shall upon written request furnish
13full and complete reports thereof to, and permit their records
14to be copied by, the employer, the employee or his dependents,
15as the case may be, or any other party to any proceeding for
16compensation before the Commission, or their attorneys.
17    Notwithstanding the foregoing, the employer's liability to
18pay for such medical services selected by the employee shall be
19limited to:
20        (1) all first aid and emergency treatment; plus
21        (2) all medical, surgical and hospital services
22    provided by the physician, surgeon or hospital initially
23    chosen by the employee or by any other physician,
24    consultant, expert, institution or other provider of
25    services recommended by said initial service provider or
26    any subsequent provider of medical services in the chain of

 

 

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1    referrals from said initial service provider; plus
2        (3) all medical, surgical and hospital services
3    provided by any second physician, surgeon or hospital
4    subsequently chosen by the employee or by any other
5    physician, consultant, expert, institution or other
6    provider of services recommended by said second service
7    provider or any subsequent provider of medical services in
8    the chain of referrals from said second service provider.
9    Thereafter the employer shall select and pay for all
10    necessary medical, surgical and hospital treatment and the
11    employee may not select a provider of medical services at
12    the employer's expense unless the employer agrees to such
13    selection. At any time the employee may obtain any medical
14    treatment he desires at his own expense. This paragraph
15    shall not affect the duty to pay for rehabilitation
16    referred to above.
17        (4) The following shall apply for injuries occurring on
18    or after June 28, 2011 (the effective date of Public Act
19    97-18) and only when an employer has an approved preferred
20    provider program pursuant to Section 8.1a on the date the
21    employee sustained his or her accidental injuries:
22            (A) The employer shall, in writing, on a form
23        promulgated by the Commission, inform the employee of
24        the preferred provider program;
25            (B) Subsequent to the report of an injury by an
26        employee, the employee may choose in writing at any

 

 

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1        time to decline the preferred provider program, in
2        which case that would constitute one of the two choices
3        of medical providers to which the employee is entitled
4        under subsection (a)(2) or (a)(3); and
5            (C) Prior to the report of an injury by an
6        employee, when an employee chooses non-emergency
7        treatment from a provider not within the preferred
8        provider program, that would constitute the employee's
9        one choice of medical providers to which the employee
10        is entitled under subsection (a)(2) or (a)(3).
11    When an employer and employee so agree in writing, nothing
12in this Act prevents an employee whose injury or disability has
13been established under this Act, from relying in good faith, on
14treatment by prayer or spiritual means alone, in accordance
15with the tenets and practice of a recognized church or
16religious denomination, by a duly accredited practitioner
17thereof, and having nursing services appropriate therewith,
18without suffering loss or diminution of the compensation
19benefits under this Act. However, the employee shall submit to
20all physical examinations required by this Act. The cost of
21such treatment and nursing care shall be paid by the employee
22unless the employer agrees to make such payment.
23    Where the accidental injury results in the amputation of an
24arm, hand, leg or foot, or the enucleation of an eye, or the
25loss of any of the natural teeth, the employer shall furnish an
26artificial of any such members lost or damaged in accidental

 

 

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1injury arising out of and in the course of employment, and
2shall also furnish the necessary braces in all proper and
3necessary cases. In cases of the loss of a member or members by
4amputation, the employer shall, whenever necessary, maintain
5in good repair, refit or replace the artificial limbs during
6the lifetime of the employee. Where the accidental injury
7accompanied by physical injury results in damage to a denture,
8eye glasses or contact eye lenses, or where the accidental
9injury results in damage to an artificial member, the employer
10shall replace or repair such denture, glasses, lenses, or
11artificial member.
12    The furnishing by the employer of any such services or
13appliances is not an admission of liability on the part of the
14employer to pay compensation.
15    The furnishing of any such services or appliances or the
16servicing thereof by the employer is not the payment of
17compensation.
18    The payment by the employer or payor for any first aid,
19medical, surgical, or hospital services, total permanent
20disability, services for vocational rehabilitation or
21associated payments, or payments for prescription or
22non-prescription medications shall not be an admission of
23liability on the part of the employer or payor to pay
24compensation or for any like or similar future services,
25treatments, or associated payments. Upon a determination that
26the employer or payor is not responsible for the treatments,

 

 

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

 

 

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

 

 

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1    computed in accordance with the provisions of Section 10,
2    whichever is less.
3        3. As used in this Section the term "child" means a
4    child of the employee including any child legally adopted
5    before the accident or whom at the time of the accident the
6    employee was under legal obligation to support or to whom
7    the employee stood in loco parentis, and who at the time of
8    the accident was under 18 years of age and not emancipated.
9    The term "children" means the plural of "child".
10        4. All weekly compensation rates provided under
11    subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
12    Section shall be subject to the following limitations:
13        The maximum weekly compensation rate from July 1, 1975,
14    except as hereinafter provided, shall be 100% of the
15    State's average weekly wage in covered industries under the
16    Unemployment Insurance Act, that being the wage that most
17    closely approximates the State's average weekly wage.
18        The maximum weekly compensation rate, for the period
19    July 1, 1984, through June 30, 1987, except as hereinafter
20    provided, shall be $293.61. Effective July 1, 1987 and on
21    July 1 of each year thereafter the maximum weekly
22    compensation rate, except as hereinafter provided, shall
23    be determined as follows: if during the preceding 12 month
24    period there shall have been an increase in the State's
25    average weekly wage in covered industries under the
26    Unemployment Insurance Act, the weekly compensation rate

 

 

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1    shall be proportionately increased by the same percentage
2    as the percentage of increase in the State's average weekly
3    wage in covered industries under the Unemployment
4    Insurance Act during such period.
5        The maximum weekly compensation rate, for the period
6    January 1, 1981 through December 31, 1983, except as
7    hereinafter provided, shall be 100% of the State's average
8    weekly wage in covered industries under the Unemployment
9    Insurance Act in effect on January 1, 1981. Effective
10    January 1, 1984 and on January 1, of each year thereafter
11    the maximum weekly compensation rate, except as
12    hereinafter provided, shall be determined as follows: if
13    during the preceding 12 month period there shall have been
14    an increase in the State's average weekly wage in covered
15    industries under the Unemployment Insurance Act, the
16    weekly compensation rate shall be proportionately
17    increased by the same percentage as the percentage of
18    increase in the State's average weekly wage in covered
19    industries under the Unemployment Insurance Act during
20    such period.
21        From July 1, 1977 and thereafter such maximum weekly
22    compensation rate in death cases under Section 7, and
23    permanent total disability cases under paragraph (f) or
24    subparagraph 18 of paragraph (3) of this Section and for
25    temporary total disability under paragraph (b) of this
26    Section and for amputation of a member or enucleation of an

 

 

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1    eye under paragraph (e) of this Section shall be increased
2    to 133-1/3% of the State's average weekly wage in covered
3    industries under the Unemployment Insurance Act.
4        For injuries occurring on or after February 1, 2006,
5    the maximum weekly benefit under paragraph (d)1 of this
6    Section shall be 100% of the State's average weekly wage in
7    covered industries under the Unemployment Insurance Act.
8        4.1. Any provision herein to the contrary
9    notwithstanding, the weekly compensation rate for
10    compensation payments under subparagraph 18 of paragraph
11    (e) of this Section and under paragraph (f) of this Section
12    and under paragraph (a) of Section 7 and for amputation of
13    a member or enucleation of an eye under paragraph (e) of
14    this Section, shall in no event be less than 50% of the
15    State's average weekly wage in covered industries under the
16    Unemployment Insurance Act.
17        4.2. Any provision to the contrary notwithstanding,
18    the total compensation payable under Section 7 shall not
19    exceed the greater of $500,000 or 25 years.
20        5. For the purpose of this Section this State's average
21    weekly wage in covered industries under the Unemployment
22    Insurance Act on July 1, 1975 is hereby fixed at $228.16
23    per week and the computation of compensation rates shall be
24    based on the aforesaid average weekly wage until modified
25    as hereinafter provided.
26        6. The Department of Employment Security of the State

 

 

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1    shall on or before the first day of December, 1977, and on
2    or before the first day of June, 1978, and on the first day
3    of each December and June of each year thereafter, publish
4    the State's average weekly wage in covered industries under
5    the Unemployment Insurance Act and the Illinois Workers'
6    Compensation Commission shall on the 15th day of January,
7    1978 and on the 15th day of July, 1978 and on the 15th day
8    of each January and July of each year thereafter, post and
9    publish the State's average weekly wage in covered
10    industries under the Unemployment Insurance Act as last
11    determined and published by the Department of Employment
12    Security. The amount when so posted and published shall be
13    conclusive and shall be applicable as the basis of
14    computation of compensation rates until the next posting
15    and publication as aforesaid.
16        7. The payment of compensation by an employer or his
17    insurance carrier to an injured employee shall not
18    constitute an admission of the employer's liability to pay
19    compensation.
20    Payment of temporary benefits is without prejudice and is
21not an admission of liability. Upon a determination that the
22employer or payor is not responsible for payments of benefits
23previously made, the employer or payor may recover the payments
24of benefits previously made from the recipient.
25    (c) For any serious and permanent disfigurement to the
26hand, head, face, neck, arm, leg below the knee or the chest

 

 

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1above the axillary line, the employee is entitled to
2compensation for such disfigurement, the amount determined by
3agreement at any time or by arbitration under this Act, at a
4hearing not less than 6 months after the date of the accidental
5injury, which amount shall not exceed 150 weeks (if the
6accidental injury occurs on or after the effective date of this
7amendatory Act of the 94th General Assembly but before February
81, 2006) or 162 weeks (if the accidental injury occurs on or
9after February 1, 2006) at the applicable rate provided in
10subparagraph 2.1 of paragraph (b) of this Section.
11    No compensation is payable under this paragraph where
12compensation is payable under paragraphs (d), (e) or (f) of
13this Section.
14    A duly appointed member of a fire department in a city, the
15population of which exceeds 500,000 according to the last
16federal or State census, is eligible for compensation under
17this paragraph only where such serious and permanent
18disfigurement results from burns.
19    (d) 1. If, after the accidental injury has been sustained,
20the employee as a result thereof becomes partially
21incapacitated from pursuing his usual and customary line of
22employment, he shall, except in cases compensated under the
23specific schedule set forth in paragraph (e) of this Section,
24receive compensation for the duration of his disability,
25subject to the limitations as to maximum amounts fixed in
26paragraph (b) of this Section, equal to 66-2/3% of the

 

 

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

 

 

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

 

 

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1injury, under subparagraph 1 of paragraph (b) of this Section,
2and shall receive in addition thereto compensation for a
3further period for the specific loss herein mentioned, but
4shall not receive any compensation under any other provisions
5of this Act. The following listed amounts apply to either the
6loss of or the permanent and complete loss of use of the member
7specified, such compensation for the length of time as follows:
8        1. Thumb-
9            70 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            76 weeks if the accidental injury occurs on or
13        after February 1, 2006.
14        2. First, or index finger-
15            40 weeks if the accidental injury occurs on or
16        after the effective date of this amendatory Act of the
17        94th General Assembly but before February 1, 2006.
18            43 weeks if the accidental injury occurs on or
19        after February 1, 2006.
20        3. Second, or middle finger-
21            35 weeks if the accidental injury occurs on or
22        after the effective date of this amendatory Act of the
23        94th General Assembly but before February 1, 2006.
24            38 weeks if the accidental injury occurs on or
25        after February 1, 2006.
26        4. Third, or ring finger-

 

 

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

 

 

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

 

 

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

 

 

HB5653- 21 -LRB099 19363 JLS 44994 b

1        11. Foot-
2            155 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            167 weeks if the accidental injury occurs on or
6        after February 1, 2006.
7        12. Leg-
8            200 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            215 weeks if the accidental injury occurs on or
12        after February 1, 2006.
13        Where an accidental injury results in the amputation of
14    a leg below the knee, such injury shall be compensated as
15    loss of a leg. Where an accidental injury results in the
16    amputation of a leg above the knee, compensation for an
17    additional 25 weeks (if the accidental injury occurs on or
18    after the effective date of this amendatory Act of the 94th
19    General Assembly but before February 1, 2006) or an
20    additional 27 weeks (if the accidental injury occurs on or
21    after February 1, 2006) shall be paid, except where the
22    accidental injury results in the amputation of a leg at the
23    hip joint, or so close to the hip joint that an artificial
24    leg cannot be used, or results in the disarticulation of a
25    leg at the hip joint, in which case compensation for an
26    additional 75 weeks (if the accidental injury occurs on or

 

 

HB5653- 22 -LRB099 19363 JLS 44994 b

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

 

 

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1        94th General Assembly but before February 1, 2006.
2            215 weeks if the accidental injury occurs on or
3        after February 1, 2006.
4        15. Testicle-
5            50 weeks if the accidental injury occurs on or
6        after the effective date of this amendatory Act of the
7        94th General Assembly but before February 1, 2006.
8            54 weeks if the accidental injury occurs on or
9        after February 1, 2006.
10        Both testicles-
11            150 weeks if the accidental injury occurs on or
12        after the effective date of this amendatory Act of the
13        94th General Assembly but before February 1, 2006.
14            162 weeks if the accidental injury occurs on or
15        after February 1, 2006.
16        16. For the permanent partial loss of use of a member
17    or sight of an eye, or hearing of an ear, compensation
18    during that proportion of the number of weeks in the
19    foregoing schedule provided for the loss of such member or
20    sight of an eye, or hearing of an ear, which the partial
21    loss of use thereof bears to the total loss of use of such
22    member, or sight of eye, or hearing of an ear.
23            (a) Loss of hearing for compensation purposes
24        shall be confined to the frequencies of 1,000, 2,000
25        and 3,000 cycles per second. Loss of hearing ability
26        for frequency tones above 3,000 cycles per second are

 

 

HB5653- 24 -LRB099 19363 JLS 44994 b

1        not to be considered as constituting disability for
2        hearing.
3            (b) The percent of hearing loss, for purposes of
4        the determination of compensation claims for
5        occupational deafness, shall be calculated as the
6        average in decibels for the thresholds of hearing for
7        the frequencies of 1,000, 2,000 and 3,000 cycles per
8        second. Pure tone air conduction audiometric
9        instruments, approved by nationally recognized
10        authorities in this field, shall be used for measuring
11        hearing loss. If the losses of hearing average 30
12        decibels or less in the 3 frequencies, such losses of
13        hearing shall not then constitute any compensable
14        hearing disability. If the losses of hearing average 85
15        decibels or more in the 3 frequencies, then the same
16        shall constitute and be total or 100% compensable
17        hearing loss.
18            (c) In measuring hearing impairment, the lowest
19        measured losses in each of the 3 frequencies shall be
20        added together and divided by 3 to determine the
21        average decibel loss. For every decibel of loss
22        exceeding 30 decibels an allowance of 1.82% shall be
23        made up to the maximum of 100% which is reached at 85
24        decibels.
25            (d) If a hearing loss is established to have
26        existed on July 1, 1975 by audiometric testing the

 

 

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1        employer shall not be liable for the previous loss so
2        established nor shall he be liable for any loss for
3        which compensation has been paid or awarded.
4            (e) No consideration shall be given to the question
5        of whether or not the ability of an employee to
6        understand speech is improved by the use of a hearing
7        aid.
8            (f) No claim for loss of hearing due to industrial
9        noise shall be brought against an employer or allowed
10        unless the employee has been exposed for a period of
11        time sufficient to cause permanent impairment to noise
12        levels in excess of the following:
13Sound Level DBA
14Slow ResponseHours Per Day
15908
16926
17954
18973
191002
201021-1/2
211051
221101/2
231151/4
24        This subparagraph (f) shall not be applied in cases of
25    hearing loss resulting from trauma or explosion.
26        17. In computing the compensation to be paid to any

 

 

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

 

 

HB5653- 27 -LRB099 19363 JLS 44994 b

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

 

 

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

 

 

HB5653- 29 -LRB099 19363 JLS 44994 b

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

 

 

HB5653- 30 -LRB099 19363 JLS 44994 b

1    The custodian of the Second Injury Fund provided for in
2paragraph (f) of Section 7 shall be joined with the employer as
3a party respondent in the application for adjustment of claim.
4The application for adjustment of claim shall state briefly and
5in general terms the approximate time and place and manner of
6the loss of the first member.
7    In its award the Commission or the Arbitrator shall
8specifically find the amount the injured employee shall be
9weekly paid, the number of weeks compensation which shall be
10paid by the employer, the date upon which payments begin out of
11the Second Injury Fund provided for in paragraph (f) of Section
127 of this Act, the length of time the weekly payments continue,
13the date upon which the pension payments commence and the
14monthly amount of the payments. The Commission shall 30 days
15after the date upon which payments out of the Second Injury
16Fund have begun as provided in the award, and every month
17thereafter, prepare and submit to the State Comptroller a
18voucher for payment for all compensation accrued to that date
19at the rate fixed by the Commission. The State Comptroller
20shall draw a warrant to the injured employee along with a
21receipt to be executed by the injured employee and returned to
22the Commission. The endorsed warrant and receipt is a full and
23complete acquittance to the Commission for the payment out of
24the Second Injury Fund. No other appropriation or warrant is
25necessary for payment out of the Second Injury Fund. The Second
26Injury Fund is appropriated for the purpose of making payments

 

 

HB5653- 31 -LRB099 19363 JLS 44994 b

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

 

 

HB5653- 32 -LRB099 19363 JLS 44994 b

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

 

 

HB5653- 33 -LRB099 19363 JLS 44994 b

1Unemployment Insurance Act occurring after July 1, 1975.
2    For every accident occurring on or after July 20, 2005 but
3before the effective date of this amendatory Act of the 94th
4General Assembly (Senate Bill 1283 of the 94th General
5Assembly), the annual adjustments to the compensation rate in
6awards for death benefits or permanent total disability, as
7provided in this Act, shall be paid by the employer. The
8adjustment shall be made by the employer on July 15 of the
9second year next following the date of the entry of the award
10and shall further be made on July 15 annually thereafter. If
11during the intervening period from the date of the entry of the
12award, or the last periodic adjustment, there shall have been
13an increase in the State's average weekly wage in covered
14industries under the Unemployment Insurance Act, the employer
15shall increase the weekly compensation rate proportionately by
16the same percentage as the percentage of increase in the
17State's average weekly wage in covered industries under the
18Unemployment Insurance Act. The increase in the compensation
19rate under this paragraph shall in no event bring the total
20compensation rate to an amount greater than the prevailing
21maximum rate at the time that the annual adjustment is made. In
22the event of a decrease in such average weekly wage there shall
23be no change in the then existing compensation rate. Such
24increase shall be paid by the employer in the same manner and
25at the same intervals as the payment of compensation in the
26award. This paragraph shall not apply to cases where there is

 

 

HB5653- 34 -LRB099 19363 JLS 44994 b

1disputed liability and in which a compromise lump sum
2settlement between the employer and the injured employee, or
3his or her dependents, as the case may be, has been duly
4approved by the Illinois Workers' Compensation Commission.
5    The annual adjustments for every award of death benefits or
6permanent total disability involving accidents occurring
7before July 20, 2005 and accidents occurring on or after the
8effective date of this amendatory Act of the 94th General
9Assembly (Senate Bill 1283 of the 94th General Assembly) shall
10continue to be paid from the Rate Adjustment Fund pursuant to
11this paragraph and Section 7(f) of this Act.
12    (h) In case death occurs from any cause before the total
13compensation to which the employee would have been entitled has
14been paid, then in case the employee leaves any widow, widower,
15child, parent (or any grandchild, grandparent or other lineal
16heir or any collateral heir dependent at the time of the
17accident upon the earnings of the employee to the extent of 50%
18or more of total dependency) such compensation shall be paid to
19the beneficiaries of the deceased employee and distributed as
20provided in paragraph (g) of Section 7.
21    (h-1) In case an injured employee is under legal disability
22at the time when any right or privilege accrues to him or her
23under this Act, a guardian may be appointed pursuant to law,
24and may, on behalf of such person under legal disability, claim
25and exercise any such right or privilege with the same effect
26as if the employee himself or herself had claimed or exercised

 

 

HB5653- 35 -LRB099 19363 JLS 44994 b

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

 

 

HB5653- 36 -LRB099 19363 JLS 44994 b

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

 

 

HB5653- 37 -LRB099 19363 JLS 44994 b

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