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90_SB0586
820 ILCS 305/19.2 new
Amends the Workers' Compensation Act. Provides that a
collective bargaining agreement with any the following
elements is valid and binding: an alternative dispute
resolution system to supplement, modify, or replace the
procedures in the Act; an agreed list of medical providers;
an agreed list of examining physicians; a light duty,
modified job, or return to work program; or a vocational
rehabilitation or retraining program. An agreement may not
diminish an employee's right to benefits.
LRB9002258WHmg
LRB9002258WHmg
1 AN ACT to amend the Workers' Compensation Act by adding
2 Section 19.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 adding Section 19.2 as follows:
7 (820 ILCS 305/19.2 new)
8 Sec. 19.2. Collective bargaining agreements.
9 (a) Subject to the limitation stated in subsection (b),
10 a provision that is mutually agreed upon in a collective
11 bargaining agreement filed with the Industrial Commission
12 between an employer and a recognized or certified exclusive
13 bargaining representative establishing any or all of the
14 following is valid and binding:
15 (i) An alternative dispute resolution system to
16 supplement, modify, or replace the provisions of this Act
17 which may include, but is not limited to, mediation and
18 arbitration. Arbitration under this subdivision (i) may
19 be binding upon the parties.
20 (ii) The use of an agreed list of providers of
21 medical treatment, which may be the exclusive source of
22 all medical and related treatment provided under this
23 Act.
24 (iii) The use of an agreed list of physicians to
25 conduct medical examinations and offer opinions and
26 testimony, which may be the exclusive source of all
27 medical examinations and opinions provided under this
28 Act.
29 (iv) A light duty, modified job, or return to work
30 program.
31 (v) A vocational rehabilitation or retraining
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1 program.
2 (b) Nothing in this Section shall be construed to allow
3 any agreement that diminishes an employee's entitlement to
4 benefits as otherwise set forth in this Act, and any
5 agreement in violation of this subsection (b) is null and
6 void.