State of Illinois
90th General Assembly
Legislation

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90_SB1065

      SEE INDEX
          Amends the Workers' Compensation  Act  and  the  Workers'
      Occupational  Diseases  Act.   Creates the State Compensation
      Insurance Fund as an independent public corporation to insure
      employers  against  liabilities  for  certain  injuries   and
      occupational  diseases  for  which  their  employees  may  be
      entitled  to  benefits.  Provides  full  coverage  under  the
      Workers'  Compensation  Act  for  Chicago firefighters.  Adds
      provisions regarding:   limits  on  charges  by  health  care
      providers;  resolution  of disputes concerning those charges;
      disclosure of provider self-referral;  limits  on  collection
      efforts  by  providers;  and fees for medical records.  Makes
      numerous  changes  in  relation   to   compensation   levels,
      limitations  on  claims,  liability of parties, penalties for
      failure to comply with the  Acts,  presumptions  relating  to
      certain   injuries  and  diseases,  obligations  of  workers'
      compensation  insurers,  and  other  matters.    Amends   the
      Business  Corporation  Act  to require corporations to submit
      proof of workers' compensation coverage to the  Secretary  of
      State.
                                                     LRB9002213DJcd
                                               LRB9002213DJcd
 1        AN  ACT to amend certain Acts in relation to compensation
 2    for workplace injuries and diseases.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Business  Corporation  Act  of  1983 is
 6    amended by changing Sections 2.10 and 2.15 as follows:
 7        (805 ILCS 5/2.10) (from Ch. 32, par. 2.10)
 8        Sec. 2.10.  Articles of Incorporation.  The  articles  of
 9    incorporation  shall  be  executed  and filed in duplicate in
10    accordance with Section  1.10  of  this  Act.   The  executed
11    articles   of   incorporation   shall  in  all  instances  be
12    accompanied by certified proof of insurance or a  certificate
13    of  compliance  issued  by  the  Industrial Commission to the
14    proposed corporation in accordance  with  Section  4  of  the
15    Workers' Compensation Act, or both.
16        (a)  The articles of incorporation must set forth:
17        (1)  a  corporate name for the corporation that satisfies
18    the requirements of this Act;
19        (2)  the purpose or purposes for which the corporation is
20    organized, which may be stated to  be,  or  to  include,  the
21    transaction  of  any  or  all  lawful  businesses  for  which
22    corporations may be incorporated under this Act;
23        (3)  the  address of the corporation's initial registered
24    office and the name of its initial registered agent  at  that
25    office;
26        (4)  the name and address of each incorporator;
27        (5)  the  number  of shares of each class the corporation
28    is authorized to issue;
29        (6)  the number and class of shares which the corporation
30    proposes to issue without further report to the Secretary  of
31    State,  and  the consideration to be received, less expenses,
                            -2-                LRB9002213DJcd
 1    including commissions, paid or incurred  in  connection  with
 2    the  issuance  of  shares,  by  the corporation therefor.  If
 3    shares  of  more  than  one  class  are  to  be  issued,  the
 4    consideration for shares of each class  shall  be  separately
 5    stated;
 6        (7)  if   the   shares  are  divided  into  classes,  the
 7    designation  of  each  class   and   a   statement   of   the
 8    designations,   preferences,   qualifications,   limitations,
 9    restrictions,  and special or relative rights with respect to
10    the shares of each class; and
11        (8)  if the corporation  may  issue  the  shares  of  any
12    preferred or special class in series, then the designation of
13    each series and a statement of the variations in the relative
14    rights  and  preferences of the different series, if the same
15    are fixed in the articles of incorporation, or a statement of
16    the authority vested in the board of directors  to  establish
17    series  and  determine  the variations in the relative rights
18    and preferences of the different series.
19        (b)  The articles of incorporation may set forth:
20        (1)  the  names  and   residential   addresses   of   the
21    individuals who are to serve as the initial directors;
22        (2)  provisions  not  inconsistent  with law with respect
23    to:
24        (i)  managing the business and regulating the affairs  of
25    the corporation;
26        (ii)  defining,  limiting,  and  regulating  the  rights,
27    powers and duties of the corporation, its officers, directors
28    and shareholders;
29        (iii)  authorizing and limiting the preemptive right of a
30    shareholder  to  acquire  shares,  whether then or thereafter
31    authorized;
32        (iv)  an estimate, expressed in dollars, of the value  of
33    all  the  property  to  be  owned  by the corporation for the
34    following year, wherever located,  and  an  estimate  of  the
                            -3-                LRB9002213DJcd
 1    value  of the property to be located within this State during
 2    such year, and an estimate,  expressed  in  dollars,  of  the
 3    gross  amount  of  business  which  will  be transacted by it
 4    during such year and an estimate of the gross amount  thereof
 5    which  will be transacted by it at or from places of business
 6    in this State during such year; or
 7        (v)  superseding any provision of this Act that  requires
 8    for  approval  of  corporate  action a two-thirds vote of the
 9    shareholders  by  specifying  any  smaller  or  larger   vote
10    requirement  not  less  than  a  majority  of the outstanding
11    shares entitled to vote on the matter and  not  less  than  a
12    majority  of  the  outstanding shares of each class of shares
13    entitled to vote as a class on the matter.
14        (3)  a provision eliminating  or  limiting  the  personal
15    liability   of   a   director   to  the  corporation  or  its
16    shareholders for monetary damages  for  breach  of  fiduciary
17    duty  as  a  director,  provided  that the provision does not
18    eliminate or limit the liability of a director  (i)  for  any
19    breach  of  the director's duty of loyalty to the corporation
20    or its shareholders, (ii) for acts or omissions not  in  good
21    faith  or  that  involve  intentional misconduct or a knowing
22    violation of law, (iii) under Section 8.65 of  this  Act,  or
23    (iv)  for  any transaction from which the director derived an
24    improper personal benefit.  No such provision shall eliminate
25    or limit the liability of a director for any act or  omission
26    occurring   before   the  date  when  the  provision  becomes
27    effective.
28        (4)  any provision that under this  Act  is  required  or
29    permitted to be set forth in the articles of incorporation or
30    by-laws.
31        (c)  The articles of incorporation need not set forth any
32    of the corporate powers enumerated in this Act.
33        (d)  The  duration  of  a corporation is perpetual unless
34    otherwise specified in the articles of incorporation.
                            -4-                LRB9002213DJcd
 1        (e)  If  the  data  to  which  reference   is   made   in
 2    subparagraph  (iv) of paragraph (2) of subsection (b) of this
 3    Section is not included in the articles of incorporation, the
 4    franchise tax provided for in this Act shall be  computed  on
 5    the basis of the entire paid-in capital as set forth pursuant
 6    to  paragraph  (6)  of  subsection (a) of this Section, until
 7    such  time  as  the  data  to  which  reference  is  made  in
 8    subparagraph (iv) of  paragraph  (2)  of  subsection  (b)  is
 9    provided  in  accordance with either Section 14.05 or Section
10    14.25 of this Act.
11        When the provisions of this Section  have  been  complied
12    with,  the  Secretary  of  State shall issue a certificate of
13    incorporation; however, the Secretary of State may not  issue
14    a  certificate of incorporation unless and until the proposed
15    corporation has filed certified proof  of  insurance  of  its
16    workers'  compensation  risk  or  a certificate of compliance
17    issued  by  the  Industrial  Commission  in  accordance  with
18    Section 4 of the Workers' Compensation Act.
19    (Source: P.A. 88-43; 88-151; 88-670, eff. 12-2-94.)
20        (805 ILCS 5/2.15) (from Ch. 32, par. 2.15)
21        Sec.  2.15.   Effect  of  issuance  of   certificate   of
22    incorporation.  Upon  the  issuance  of  the  certificate  of
23    incorporation  by  the  Secretary  of  State,  the  corporate
24    existence  shall begin, and such certificate of incorporation
25    shall be conclusive evidence, except as  against  the  State,
26    that all conditions precedent required to be performed by the
27    incorporators   have   been   complied   with  and  that  the
28    corporation has been incorporated under  this  Act;  however,
29    the  corporation  shall  file  with  the  Secretary of State,
30    within  60  days  of  the  issuance  of  the  certificate  of
31    incorporation, proof of  satisfaction  of  the  corporation's
32    obligations  under Section 4 of the Workers' Compensation Act
33    in the form of either a certified proof  that  insurance  has
                            -5-                LRB9002213DJcd
 1    been  secured or a certified certificate of compliance issued
 2    by  the   Industrial   Commission   establishing   that   the
 3    corporation's workers' compensation obligations have been met
 4    pursuant  to  Section  4  of  the  Workers' Compensation Act.
 5    Failure to file this proof within 60 days shall result in the
 6    dissolution of the corporation pursuant to  Section  12.4  of
 7    this Act.
 8    (Source: P.A. 83-1025.)
 9        Section  10.  The Workers' Compensation Act is amended by
10    changing Sections 1, 4, 5, 6, 7, 8, 10, 16, and 19 and adding
11    Sections 3a, 4a-10, 8a, 8b, 8c, 8d, 16b, 16c, 16d,  16e,  and
12    16f as follows:
13        (820 ILCS 305/1) (from Ch. 48, par. 138.1)
14        Sec.   1.    This  Act  may  be  cited  as  the  Workers'
15    Compensation Act.
16        (a)  The term "employer" as used in this Act means:
17        1.  The State and  each  county,  city,  town,  township,
18    incorporated  village,  school  district,  body  politic,  or
19    municipal corporation therein.
20        2.   Every  person,  firm, public or private corporation,
21    including hospitals, public service, eleemosynary,  religious
22    or charitable corporations or associations who has any person
23    in  service  or  under  any  contract  for  hire,  express or
24    implied, oral or written, and who is engaged in  any  of  the
25    enterprises  or  businesses  enumerated  in Section 3 of this
26    Act, or who at or prior to the time of the  accident  to  the
27    employee  for  which  compensation  under  this  Act  may  be
28    claimed,  has  in  the manner provided in this Act elected to
29    become subject to the provisions of this  Act,  and  who  has
30    not,  prior  to  such accident, effected a withdrawal of such
31    election in the manner provided in this Act.
32        3.  Any  one  engaging  in  any  business  or  enterprise
                            -6-                LRB9002213DJcd
 1    referred to in subsections 1 and 2 of Section 3 of  this  Act
 2    who  undertakes  to do any work enumerated therein, is liable
 3    to  pay  compensation  to  his  own  immediate  employees  in
 4    accordance with the provisions of this Act, and  in  addition
 5    thereto  if  he directly or indirectly engages any contractor
 6    whether principal or sub-contractor to do any such  work,  he
 7    is  liable  to  pay compensation to the employees of any such
 8    contractor  or  sub-contractor  unless  such  contractor   or
 9    sub-contractor  has  insured,  in  any company or association
10    authorized under  the  laws  of  this  State  to  insure  the
11    liability  to  pay compensation under this Act, or guaranteed
12    his liability to pay such compensation.  With respect to  any
13    time limitation on the filing of claims provided by this Act,
14    the  timely  filing  of  a  claim  against  a  contractor  or
15    subcontractor,  as  the  case may be, shall be deemed to be a
16    timely filing with respect to all persons upon whom liability
17    is imposed by this paragraph.
18        In the event any such person pays compensation under this
19    subsection  he  may  recover  the  amount  thereof  from  the
20    contractor or sub-contractor, if any, and in  the  event  the
21    contractor  pays  compensation  under  this subsection he may
22    recover the amount thereof from the sub-contractor, if any.
23        This subsection does not apply  in  any  case  where  the
24    accident  occurs elsewhere than on, in or about the immediate
25    premises on which the principal has contracted that the  work
26    be done.
27        4.  Where  an employer operating under and subject to the
28    provisions of this Act loans  an  employee  to  another  such
29    employer  and  such  loaned  employee  sustains a compensable
30    accidental  injury  in  the  employment  of  such   borrowing
31    employer  and  where such borrowing employer does not provide
32    or pay the benefits or payments due  such  injured  employee,
33    such  loaning  employer  is  liable  to  provide  or  pay all
34    benefits or payments due such employee under this Act and  as
                            -7-                LRB9002213DJcd
 1    to  such employee the liability of such loaning and borrowing
 2    employers is joint and several, provided  that  such  loaning
 3    employer  is  in  the  absence  of  agreement to the contrary
 4    entitled  to  receive  from  such  borrowing  employer   full
 5    reimbursement  for all sums paid or incurred pursuant to this
 6    paragraph  together  with  reasonable  attorneys'  fees   and
 7    expenses  in any hearings before the Industrial Commission or
 8    in any  action  to  secure  such  reimbursement.   Where  any
 9    benefit  is  provided  or  paid  by such loaning employer the
10    employee has the duty of rendering reasonable cooperation  in
11    any  hearings,  trials  or proceedings in the case, including
12    such proceedings for reimbursement.
13        Where an employee files an Application for Adjustment  of
14    Claim  with the Industrial Commission alleging that his claim
15    is covered by the provisions of the preceding paragraph,  and
16    joining  both  the  alleged  loaning and borrowing employers,
17    they and each of them, upon written demand  by  the  employee
18    and  within  7  days after receipt of such demand, shall have
19    the duty of filing with the Industrial Commission  a  written
20    admission  or  denial  of  the  allegation  that the claim is
21    covered by the provisions of the preceding paragraph  and  in
22    default  of  such  filing or if any such denial be ultimately
23    determined not to have been bona fide then the provisions  of
24    Paragraph K of Section 19 of this Act shall apply.
25        An employer whose business or enterprise or a substantial
26    part  thereof  consists  of  hiring,  procuring or furnishing
27    employees to or  for  other  employers  operating  under  and
28    subject  to the provisions of this Act for the performance of
29    the work of such other employers and who pays such  employees
30    their salary or wages notwithstanding that they are doing the
31    work  of  such  other  employers  shall  be  deemed a loaning
32    employer within the meaning and provisions of this Section.
33        (b)  The term "employee" as used in this Act means:
34        1.  Every person in the service of the  State,  including
                            -8-                LRB9002213DJcd
 1    members  of  the  General  Assembly,  members of the Commerce
 2    Commission, members of the  Industrial  Commission,  and  all
 3    persons in the service of the University of Illinois, county,
 4    including  deputy  sheriffs  and assistant state's attorneys,
 5    city,  town,  township,  incorporated   village   or   school
 6    district,  body  politic,  or  municipal corporation therein,
 7    whether by election, under appointment or contract  of  hire,
 8    express or implied, oral or written, including all members of
 9    the  Illinois  National  Guard  while  on  active duty in the
10    service of the State, and  all  probation  personnel  of  the
11    Juvenile  Court  appointed  pursuant  to  Article  VI  of the
12    Juvenile Court Act of 1987, and including any official of the
13    State,  any  county,  city,  town,   township,   incorporated
14    village,   school   district,   body   politic  or  municipal
15    corporation therein except any duly  appointed  member  of  a
16    police  department   in  any  city  whose  population exceeds
17    200,000 according to the last Federal or  State  census,  and
18    except  any member of a fire insurance patrol maintained by a
19    board of underwriters in this State.  A duly appointed member
20    of a fire department in any city,  the  population  of  which
21    exceeds  200,000  according  to  the  last  federal  or State
22    census, is an employee under this Act only  with  respect  to
23    claims brought under paragraph (c) of Section 8.
24        One  employed by a contractor who has contracted with the
25    State,  or  a  county,  city,  town,  township,  incorporated
26    village,  school  district,   body   politic   or   municipal
27    corporation  therein,  through  its  representatives,  is not
28    considered as an employee of the State, county,  city,  town,
29    township, incorporated village, school district, body politic
30    or municipal corporation which made the contract.
31        2.  Every  person  in  the  service  of another under any
32    contract of  hire,  express  or  implied,  oral  or  written,
33    including persons whose employment is outside of the State of
34    Illinois  where the contract of hire is made within the State
                            -9-                LRB9002213DJcd
 1    of Illinois, persons whose employment  results  in  fatal  or
 2    non-fatal  injuries  within  the  State of Illinois where the
 3    contract of hire is made outside of the  State  of  Illinois,
 4    and  persons whose employment is principally localized within
 5    the State  of  Illinois,  regardless  of  the  place  of  the
 6    accident  or  the  place where the contract of hire was made,
 7    and including aliens, and minors who, for the purpose of this
 8    Act are considered the  same  and  have  the  same  power  to
 9    contract,  receive  payments and give quittances therefor, as
10    adult employees.
11        3.  Every sole proprietor and every partner of a business
12    may elect to be covered by this Act.
13        An employee or his dependents under this  Act  who  shall
14    have  a  cause of action by reason of any injury, disablement
15    or death arising out of and in the course of  his  employment
16    may  elect to pursue his remedy in the State where injured or
17    disabled, or in the State where the contract of hire is made,
18    or  in  the  State  where  the  employment   is   principally
19    localized.
20        However,  any  employer  may  elect  to  provide  and pay
21    compensation to any employee other than those engaged in  the
22    usual course of the trade, business, profession or occupation
23    of  the  employer  by complying with Sections 2 and 4 of this
24    Act.  Employees are not included  within  the  provisions  of
25    this  Act  when  excluded  by  the  laws of the United States
26    relating to liability of employers  to  their  employees  for
27    personal injuries where such laws are held to be exclusive.
28        The  term  "employee" does not include persons performing
29    services as real estate broker, broker-salesman, or  salesman
30    when such persons are paid by commission only.
31        (c)  "Commission" means the Industrial Commission created
32    by  Section 5 of "The Civil Administrative Code of Illinois",
33    approved  March  7,  1917,  as  amended,  or  the  Industrial
34    Commission created by Section 13 of this Act.
                            -10-               LRB9002213DJcd
 1    (Source: P.A. 85-1209.)
 2        (820 ILCS 305/3a new)
 3        Sec. 3a.  State Compensation Insurance Fund.
 4        (a) As used in this Section:
 5             (1)  "Manager"  means  the  manager  of  the   State
 6        Compensation Insurance Fund.
 7             (2)  "Fund"  means  the State Compensation Insurance
 8        Fund.
 9             (3)  "Board" means the board  of  directors  of  the
10        State Compensation Insurance Fund.
11        (b)  The  State Compensation Insurance Fund is created as
12    an independent public corporation  and  the  purpose  of  the
13    State  Compensation  Insurance  Fund  is  to insure employers
14    against liability for injuries and occupational diseases  for
15    which  their  employees may be entitled to benefits under the
16    Workers' Compensation Act, the Workers' Occupational Diseases
17    Act, the federal Employers' Liability Act,  and  the  federal
18    Longshoremen's and Harbor Workers' Compensation Act.
19        (c) (1)  The  State  Compensation Insurance Fund shall be
20    under the direct supervision of a board  of  directors  which
21    shall  consist  of 5 members to be appointed by the Governor.
22    After the Fund has operated for a period of  one  year,  each
23    member  appointed shall be a policyholder or an employee of a
24    policyholder of the Fund and at least one of the  members  of
25    the board of directors shall be an employee of a policyholder
26    of the Fund.
27        (2)  One  member  of  the board of the directors shall be
28    appointed for a term ending December 31, 1998, and each other
29    director  for  a  term  expiring  one,  2,  3  and  4   years
30    thereafter.   Upon  expiration  of  any  of  the  terms,  the
31    appointee or his or her successor shall be  appointed  for  a
32    term  of  4  years.  Appointment  to fill a vacancy caused by
33    other than expiration of the term shall be for the  unexpired
                            -11-               LRB9002213DJcd
 1    portion of the term.
 2        (3)  Each  appointed member of the board shall receive as
 3    compensation $100 per  day  while  in  actual  attendance  at
 4    meetings of the board and shall be reimbursed for mileage and
 5    expenses.
 6        (4)  The  chairman  shall  be  elected  annually  by  the
 7    members   of  the  board.  The  board  may  adopt  rules  and
 8    regulations as  it  deems  proper  for  the  conduct  of  its
 9    business. The board may from time to time amend or change the
10    rules  and regulations and may cause them to be published and
11    distributed.
12        (5)  The board shall meet at least once every  3  months.
13    Board  meetings  may be called at any time by the chairman of
14    the board or the manager of the Fund.
15        (6)  The board shall be responsible for setting forth the
16    general policy for the operation of the Fund.
17        (7)  There shall  not  be  any  liability  in  a  private
18    capacity  on the part of the board of directors or any member
19    thereof or any officer or employee of  the  Fund  for  or  on
20    account  of  any  act performed or obligation entered into in
21    any official capacity in connection with the  administration,
22    management  or  conduct  of  the  Fund  or  affairs  relating
23    thereto.
24        (8)  The  board  of  directors is hereby vested with full
25    power, authority and jurisdiction over the Fund. The board of
26    directors may perform all acts necessary or convenient in the
27    exercise of any power, authority  or  jurisdiction  over  the
28    Fund,  either  in the administration thereof or in connection
29    with the insurance business to be carried on by it under  the
30    provisions  of  this  Section, as fully and completely as the
31    governing body of a private insurance carrier to fulfill  the
32    objectives and intent of this Section.
33        (d)(1)  The  board of directors of the Fund shall appoint
34    a manager  of  the  Fund  who  shall  be  in  charge  of  the
                            -12-               LRB9002213DJcd
 1    day-to-day  operation  of  the  Fund.  The manager shall have
 2    proven successful experience as an executive at  the  general
 3    management  level.  The manager shall be appointed for a term
 4    of 6 years. The manager shall receive compensation as set  by
 5    the board, and may be removed only for cause by the board.
 6        (2)  Before  entering  on  the  duties of the office, the
 7    manager shall qualify by giving an official bond in an amount
 8    and with sureties approved by the Board.  The  manager  shall
 9    file  the  bond with the State Treasurer. The premium for the
10    bond shall be paid by the Fund.
11        (e)  The manager, subject to the authority of  the  board
12    of  directors,  has  full  power, authority, and jurisdiction
13    over the Fund.  The manager may perform all acts necessary or
14    convenient  in  the  exercise  of  any  power,  authority  or
15    jurisdiction over the Fund, either in the  administration  of
16    the  Fund  or in connection with the insurance business to be
17    carried on by the Fund under the provisions of this  Section,
18    including the establishment of premium rates.
19        (f)  The manager, subject to the approval of the board of
20    directors,  may  adopt  rules and regulations relating to the
21    conduct of the business of the Fund.
22        (g)  In conducting the business of the Fund, the  manager
23    may:
24             (1)  contract  with physicians, surgeons, hospitals,
25        and rehabilitation facilities for medical, surgical,  and
26        rehabilitation  evaluation and treatment and the care and
27        nursing of injured persons entitled to benefits from  the
28        Fund;
29             (2)  make  safety inspections with risks and furnish
30        advisory  service  to  employers  on  safety  and  health
31        measures;
32             (3)  act for the Fund in collecting  and  disbursing
33        money  necessary  to  administer the Fund and conduct the
34        business of the Fund.
                            -13-               LRB9002213DJcd
 1        (h)  Annually the board shall report to the Governor  and
 2    the General Assembly the business done by the Fund during the
 3    previous year and shall submit to the Governor a statement of
 4    the resources and liabilities of the Fund.
 5        (i)  The Fund may:
 6             (1)  insure   an   employer   against  any  workers'
 7        compensation and employer's liability such  employer  may
 8        have on account of bodily injury or occupational diseases
 9        to his or her workers arising out of and in the course of
10        employment, as fully as any other insurer;
11             (2)  insure  employers  against  their liability for
12        compensation or damages under the federal  Longshoremen's
13        and  Harbor Workers' Compensation Act or any extension of
14        that Act, as fully as any other insurer;
15             (3)  furnish advice, services  and  excess  workers'
16        compensation  and  employer  liability  insurance  to any
17        employer qualified as a self-insured employer; and
18             (4)  reinsure any risk or any part thereof.
19        (j)  The monies and assets belonging to the Fund are:
20             (1)  all premiums and other monies paid to the Fund;
21             (2)  all property and  securities  acquired  through
22        the use of money belonging to the Fund; and
23             (3)  all  interest  and  dividends earned upon money
24        belonging to  the  Fund  and  deposited  or  invested  as
25        provided in this Section.
26        (k) (1)  The  State Treasurer is the ex-officio custodian
27    of the Fund and shall keep all monies and assets belonging to
28    the Fund in a separate account outside of the State  Treasury
29    and  all  interest  earnings  shall  be credited to the Fund.
30    This  separate  account  shall  be  known  as  the   Workers'
31    Compensation  Insurance  Fund.   The State Treasurer shall be
32    liable under his or her bond for the  safe  keeping  of  such
33    monies and assets.
34        (2)  The  manager shall deliver all receipts collected or
                            -14-               LRB9002213DJcd
 1    received under this Section to the State Treasurer.
 2        (3)  The moneys and assets  of  the  Fund  shall  not  be
 3    moneys  and assets of the State but shall be used exclusively
 4    for the operations and obligations of the Fund.
 5        (4)(A)  Except as provided in subparagraph  (B)  of  this
 6    paragraph, no money may be expended from the separate account
 7    except  by  a  warrant  drawn  by  the  State Comptroller and
 8    presented by  him  or  her  to  the  State  Treasurer  to  be
 9    countersigned.   No warrant for the payment of money from the
10    separate account by the State Treasurer may be drawn  by  the
11    State   Comptroller  without  the  presentation  of  itemized
12    vouchers by the manager indicating that  the  expenditure  is
13    pursuant to law and is authorized.
14        (B)  Money may be expended from the separate account from
15    a  checking  account maintained by the Fund, by checks signed
16    by the manager, but only for the payment of obligations for:
17                  (i)  first-aid, medical, hospital and  surgical
18             services  required under subsection (a) of Section 8
19             of this Act; and
20                  (ii)  weekly    compensation    payments    for
21             temporary total incapacity provided under subsection
22             (b) of Section 8 of this Act; and
23                  (iii)  the operations of the State Compensation
24             Insurance Fund.
25        The Comptroller shall provide in his  or  her  rules  and
26    regulations   for   periodic   transfers,   with   the  State
27    Treasurer's approval, to the checking account  of  the  State
28    Compensation  Insurance  Fund  for use in accordance with the
29    imprest system.
30        (5)  For any  obligations  in  connection  therewith  the
31    liability  of the State shall at no time exceed the amount of
32    the assets of the State Compensation Insurance Fund.
33        (l)  The Fund may:
34             (1)  use  its  assets  to  pay   medical   expenses,
                            -15-               LRB9002213DJcd
 1        rehabilitation  expenses,  compensation  due claimants of
 2        insured employers, and to  pay  salaries,  administrative
 3        and other expenses;
 4             (2)  declare  a  dividend when there is an excess of
 5        assets  over  liabilities,  necessary  reserves,  and   a
 6        reasonable surplus for catastrophic hazards;
 7             (3)  rent,  lease,  buy and sell property in its own
 8        name, construct and  repair  buildings  as  necessary  to
 9        provide office space for its operations;
10             (4)  sue and be sued in its own name;
11             (5)  enter    into   contracts   relating   to   the
12        administration of the Fund;
13             (6)  perform all the functions which  are  necessary
14        or  appropriate  to  carry  out the administration of the
15        Fund; and
16             (7)  hire personnel, subject to  the  provisions  of
17        the  Personnel Code, and set salaries and compensation to
18        accomplish the purposes of its existence and operations.
19        (m)  The premium rates established by the  manager  shall
20    be  that  percentage of the payroll of any employer which, on
21    the average, shall produce a sufficient sum to:
22             (1)  carry all claims to maturity  such  that  rates
23        shall  be  based  upon  the  reserve  and  not  upon  the
24        assessment plan; and
25             (2)  produce  a  reasonable  surplus  so as to cover
26        catastrophic  hazards  and  to  insure  the  payment   to
27        employees   and  their  dependents  of  the  compensation
28        provided in this Act.
29        In determining the amount of reserve to be laid aside  to
30    meet  deferred payments according to compensation awards, the
31    reserves may be ascertained by finding the present  worth  of
32    the  deferred  payments  calculated at a rate of interest not
33    higher than 3% per annum and such calculations shall be  made
34    according to a table of mortality not lower than the American
                            -16-               LRB9002213DJcd
 1    Experience  Table  of Mortality and, in the discretion of the
 2    Board, by such other and further methods as  will  result  in
 3    the establishment of adequate reserves.
 4        (n) (1)  The  State  Compensation Insurance Fund shall be
 5    open to visitation  by  the  Director  of  Insurance  at  all
 6    reasonable times, and the Director of Insurance shall require
 7    from  the manager reports as to the condition of the Fund and
 8    such other reports as may be required by law to  be  made  by
 9    other insurance carriers doing business in this State insofar
10    as applicable to the Fund.
11        (2)  The  manager shall have an annual audit of the books
12    and records of the Fund made by a duly qualified  independent
13    certified  accountant,  and  have an abstract summary of this
14    audit prepared for public use.
15        (3)  The Auditor General shall conduct a financial  audit
16    of the Fund at least once every 2 years.  The Auditor General
17    shall  conduct a management or program audit when so directed
18    by either house of the  General  Assembly,  in  a  resolution
19    identifying the subject, parties and scope.
20        (4)  At  least  once  every  3  years,  the  Director  of
21    Insurance  shall  conduct  an  examination  of  the Fund. The
22    examination shall be conducted  in  the  same  manner  as  an
23    examination  of a private insurance carrier.  The Director of
24    Insurance shall transmit a copy of his or her examination  to
25    the  Governor, the General Assembly, the Auditor General, the
26    manager and the board.
27        (o) (1)  Startup costs and beginning balance for the Fund
28    shall be  provided  by  funds  appropriated  by  the  General
29    Assembly.
30        (2)  In no case may the total amount advanced to the Fund
31    from the State under this Section exceed $10,000,000.
32        (3)  State  advances  to the Fund shall not extend beyond
33    December 31, 2002, and any funds advanced to the  Fund  shall
34    be repaid, 20% each year for 5 years, beginning with calendar
                            -17-               LRB9002213DJcd
 1    year 2003 and continuing through calendar year 2007.
 2        (p) An   employer  who  intentionally  misrepresents  any
 3    material fact upon  which  his  or  her  premium  under  this
 4    Section is based is liable to the Fund for 3 times the amount
 5    of  the  difference  of  the  premium paid and the amount the
 6    employer should have paid if his  or  her  payroll  had  been
 7    correctly  computed.    The  penalty  shall be collected in a
 8    civil action.
 9        (820 ILCS 305/4) (from Ch. 48, par. 138.4)
10        Sec. 4. (a)  Any  employer  who  shall  come  within  the
11    provisions  of  Section 3 of this Act, and any other employer
12    who shall elect to provide and pay the compensation  provided
13    for in this Act shall:
14             (1)  File    with   the   Commission   annually   an
15        application for approval as a  self-insurer  which  shall
16        include  a  current  financial  statement,  and annually,
17        thereafter, an application for renewal of self-insurance,
18        which shall include a current financial statement.   Said
19        application  and  financial statement shall be signed and
20        sworn to by the president or vice president and secretary
21        or assistant  secretary  of  the  employer  if  it  be  a
22        corporation,  or  by  all  of  the  partners,  if it be a
23        copartnership, or  by  the  owner  if  it  be  neither  a
24        copartnership nor a corporation. All initial applications
25        and  all  applications for renewal of self-insurance must
26        be submitted at least 60  days  prior  to  the  requested
27        effective date of self-insurance.
28             If  the sworn application and financial statement of
29        any such employer does not satisfy the Commission of  the
30        financial  ability  of the employer who has filed it, the
31        Commission shall require such employer to,
32             (2)  Furnish   security,   indemnity   or   a   bond
33        guaranteeing  the  payment  by  the   employer   of   the
                            -18-               LRB9002213DJcd
 1        compensation  provided for in this Act, provided that any
 2        such employer whose application and  financial  statement
 3        shall  not  have  satisfied  the commission of his or her
 4        financial  ability  and  who  shall  have   secured   his
 5        liability  in part by excess liability insurance shall be
 6        required to furnish to the Commission security, indemnity
 7        or bond  guaranteeing  his  or  her  payment  up  to  the
 8        effective limits of the excess coverage, or
 9             (3)  Insure   his   entire  liability  to  pay  such
10        compensation  in  some  insurance   carrier   authorized,
11        licensed,  or  permitted to do such insurance business in
12        this  State.   Every  policy  of  an  insurance  carrier,
13        insuring the payment of compensation under this Act shall
14        cover all  the  employees  and  the  entire  compensation
15        liability  of  the  insured:  Provided, however, that any
16        employer may insure his  or  her  compensation  liability
17        with  2  or  more insurance carriers or may insure a part
18        and qualify under subsection 1, 2, or 4 for the remainder
19        of his or her liability to pay such compensation, subject
20        to the following two provisions:
21                  Firstly, the entire compensation  liability  of
22             the  employer  to  employees  working at or from one
23             location shall be  insured  in  one  such  insurance
24             carrier or shall be self-insured, and
25                  Secondly,  the  employer  shall submit evidence
26             satisfactorily to the Commission  that  his  or  her
27             entire  liability  for the compensation provided for
28             in this Act will be secured.  Any provisions in  any
29             policy,  or  in  any  endorsement  attached thereto,
30             attempting to  limit  or  modify  in  any  way,  the
31             liability of the insurance carriers issuing the same
32             except  as otherwise provided herein shall be wholly
33             void.
34             Nothing herein contained shall apply to policies  of
                            -19-               LRB9002213DJcd
 1        excess  liability  carriage secured by employers who have
 2        been approved by the Commission as self-insurers, or
 3             (4)  Make some other provision, satisfactory to  the
 4        Commission,   for   the   securing   of  the  payment  of
 5        compensation provided for in this Act; provided, however,
 6        that: , and
 7                  (A)  the State and all departments thereof must
 8             insure  against  their   liability   to   pay   that
 9             compensation  in  the  State  Compensation Insurance
10             Fund; and
11                  (B)  each   county,   city,   town,   township,
12             incorporated village, school district, body  politic
13             or  municipal  corporation  must  insure against its
14             liability to pay that compensation by either:
15                       (i)  securing   the   approval   of    the
16                  Commission   to   be   a   self-insurer   or  a
17                  participant in a self-insurance plan; or
18                       (ii)  insuring its liability to  pay  that
19                  compensation    in   the   State   Compensation
20                  Insurance Fund; or
21                       (iii)  insuring its liability to pay  that
22                  compensation    by    any   other   alternative
23                  authorized by this Section if the premium which
24                  would be required under the alternative is less
25                  than can be otherwise  provided  by  the  State
26                  Compensation Insurance Fund; however, any city,
27                  village  or incorporated town may by a majority
28                  vote of  the  members  of  its  governing  body
29                  present  and  voting  remove  itself  from  the
30                  requirements  of  this  subdivision  (iii)  and
31                  thereafter  such  city, village or incorporated
32                  town shall not be bound by  the  provisions  of
33                  this  subdivision  (iii)  unless  its governing
34                  body by a majority vote of  those  present  and
                            -20-               LRB9002213DJcd
 1                  voting elects to avail itself of the provisions
 2                  hereof; and
 3             (5)  Upon   becoming   subject   to   this  Act  and
 4        thereafter as often as  the  Commission  may  in  writing
 5        demand, file with the Commission in form prescribed by it
 6        evidence  of  his or her compliance with the provision of
 7        this Section.
 8        (b)  The sworn application and  financial  statement,  or
 9    security, indemnity or bond, or amount of insurance, or other
10    provisions,   filed,  furnished,  carried,  or  made  by  the
11    employer, as the  case  may  be,  shall  be  subject  to  the
12    approval of the Commission.
13        Deposits   under   escrow   agreements   shall  be  cash,
14    negotiable  United  States  government  bonds  or  negotiable
15    general obligation bonds of the State of Illinois.  Such cash
16    or bonds shall be deposited  in  escrow  with  any  State  or
17    National  Bank or Trust Company having trust authority in the
18    State of Illinois.
19        Upon the approval of the sworn application and  financial
20    statement,   security,   indemnity   or  bond  or  amount  of
21    insurance, filed, furnished or carried, as the case  may  be,
22    the  Commission  shall send to the employer written notice of
23    its approval thereof.  The certificate of compliance  by  the
24    employer  with the provisions of subparagraphs (2) and (3) of
25    paragraph (a) of this  Section  shall  be  delivered  by  the
26    insurance  carrier  to  the Industrial Commission within five
27    days after the effective date of  the  policy  so  certified.
28    The  insurance  so  certified  shall  cover  all compensation
29    liability occurring during the time that the insurance is  in
30    effect  and no further certificate need be filed in case such
31    insurance is renewed, extended or otherwise continued by such
32    carrier.  The insurance so certified shall not  be  cancelled
33    or  in the event that such insurance is not renewed, extended
34    or  otherwise  continued,  such  insurance   shall   not   be
                            -21-               LRB9002213DJcd
 1    terminated  until  at  least  10  days  after  receipt by the
 2    Industrial  Commission  of  notice  of  the  cancellation  or
 3    termination of said insurance; provided, however, that if the
 4    employer  has  secured  insurance  from   another   insurance
 5    carrier, or has otherwise secured the payment of compensation
 6    in  accordance with this Section, and such insurance or other
 7    security becomes effective prior to the expiration of the  10
 8    days,  cancellation  or termination may, at the option of the
 9    insurance carrier indicated in such notice, be  effective  as
10    of the effective date of such other insurance or security.
11        (c)  Whenever   the   Commission   shall  find  that  any
12    corporation,    company,    association,    aggregation    of
13    individuals, reciprocal or interinsurers exchange,  or  other
14    insurer  effecting  workers'  compensation  insurance in this
15    State shall be insolvent, financially unsound, or  unable  to
16    fully  meet  all  payments  and  liabilities assumed or to be
17    assumed for compensation insurance in this  State,  or  shall
18    practice  a policy of delay or unfairness toward employees in
19    the adjustment, settlement, or payment of benefits  due  such
20    employees,  the  Commission  may  after reasonable notice and
21    hearing order and  direct  that  such  corporation,  company,
22    association,   aggregation   of  individuals,  reciprocal  or
23    interinsurers exchange, or insurer, shall from  and  after  a
24    date  fixed in such order discontinue the writing of any such
25    workers' compensation insurance in this  State.   Subject  to
26    such  modification  of  the order as the Commission may later
27    make on review of the order, as  herein  provided,  it  shall
28    thereupon  be  unlawful  for  any  such corporation, company,
29    association,  aggregation  of  individuals,   reciprocal   or
30    interinsurers  exchange,  or  insurer  to effect any workers'
31    compensation insurance in this State.  A copy  of  the  order
32    shall  be served upon the Director of Insurance by registered
33    mail.  Whenever the Commission  finds  that  any  service  or
34    adjustment   company  used  or  employed  by  a  self-insured
                            -22-               LRB9002213DJcd
 1    employer or by  an  insurance  carrier  to  process,  adjust,
 2    investigate, compromise or otherwise handle claims under this
 3    Act,  has  practiced  or  is  practicing a policy of delay or
 4    unfairness toward employees in the adjustment, settlement  or
 5    payment  of  benefits  due such employees, the Commission may
 6    after reasonable notice and hearing  order  and  direct  that
 7    such  service  or  adjustment  company shall from and after a
 8    date fixed in  such  order  be  prohibited  from  processing,
 9    adjusting,  investigating, compromising or otherwise handling
10    claims under this Act.
11        Whenever  the  Commission  finds  that  any  self-insured
12    employer has practiced or is practicing delay  or  unfairness
13    toward  employees in the adjustment, settlement or payment of
14    benefits  due  such  employees,  the  Commission  may,  after
15    reasonable notice and hearing, order and direct that after  a
16    date  fixed  in the order such self-insured employer shall be
17    disqualified to  operate  as  a  self-insurer  and  shall  be
18    required  to  insure his entire liability to pay compensation
19    in some insurance carrier authorized, licensed and  permitted
20    to  do  such insurance business in this State, as provided in
21    subparagraph 3 of paragraph (a) of this Section.
22        All orders made by  the  Commission  under  this  Section
23    shall  be  subject to review by the courts, said review to be
24    taken in the same manner and within the same time as provided
25    by Section 19 of this Act for review of awards and  decisions
26    of  the  Commission, upon the party seeking the review filing
27    with the clerk of the court to which said review is  taken  a
28    bond  in  an  amount to be fixed and approved by the court to
29    which the review is taken, conditioned upon  the  payment  of
30    all  compensation  awarded  against  the  person  taking said
31    review pending a decision  thereof  and  further  conditioned
32    upon  such  other  obligations as the court may impose.  Upon
33    the review the Circuit Court shall have power to  review  all
34    questions of fact as well as of law.  The penalty hereinafter
                            -23-               LRB9002213DJcd
 1    provided for in this paragraph shall not attach and shall not
 2    begin  to  run  until the final determination of the order of
 3    the Commission.
 4        (d)  Upon a finding by the Commission,  after  reasonable
 5    notice  and  hearing, of the knowing and wilful failure of an
 6    employer to comply with any of the  provisions  of  paragraph
 7    (a) of this Section or the failure or refusal of an employer,
 8    service  or  adjustment  company,  or an insurance carrier to
 9    comply with any order of the Industrial  Commission  pursuant
10    to  paragraph (c) of this Section disqualifying him or her to
11    operate as a self-insurer and requiring him or her to  insure
12    his  or  her  liability,  the  Commission  may assess a civil
13    penalty of up to $500 per day for each day of such failure or
14    refusal after the effective date of this  amendatory  Act  of
15    1989.  Each day of such failure or refusal shall constitute a
16    separate  offense.  Civil  penalties  recovered  under   this
17    subsection  (d)  shall  be  deposited  into the Second Injury
18    Fund.
19        Upon the failure or refusal of any employer,  service  or
20    adjustment  company  or  insurance carrier to comply with the
21    provisions of  this  Section  and  with  the  orders  of  the
22    Commission  under  this Section, or the order of the court on
23    review after final adjudication, the Commission may  bring  a
24    civil  action  to  recover  the amount of the penalty in Cook
25    County  or  in  Sangamon  County  in  which  litigation   the
26    Commission shall be represented by the Attorney General.  The
27    Commission shall send notice of its finding of non-compliance
28    and  assessment of the civil penalty to the Attorney General.
29    It shall be the duty of the Attorney General within  30  days
30    after  receipt  of  the notice, to institute prosecutions and
31    promptly prosecute all reported violations of this Section.
32        (e)  This Act shall not affect or disturb the continuance
33    of any existing insurance, mutual  aid,  benefit,  or  relief
34    association  or department, whether maintained in whole or in
                            -24-               LRB9002213DJcd
 1    part by the employer or whether maintained by the  employees,
 2    the  payment  of  benefits  of such association or department
 3    being guaranteed by the employer or by some person,  firm  or
 4    corporation   for   him   or   her:  Provided,  the  employer
 5    contributes to such association or department an  amount  not
 6    less than the full compensation herein provided, exclusive of
 7    the cost of the maintenance of such association or department
 8    and  without any expense to the employee.  This Act shall not
 9    prevent the organization and maintaining under the  insurance
10    laws  of  this  State of any benefit or insurance company for
11    the purpose of insuring against the compensation provided for
12    in this Act, the  expense  of  which  is  maintained  by  the
13    employer.  This  Act  shall  not  prevent the organization or
14    maintaining under the insurance laws of  this  State  of  any
15    voluntary  mutual  aid,  benefit  or relief association among
16    employees for the payment  of  additional  accident  or  sick
17    benefits.
18        (f)  No existing insurance, mutual aid, benefit or relief
19    association or department shall, by reason of anything herein
20    contained, be authorized to discontinue its operation without
21    first  discharging  its  obligations  to  any and all persons
22    carrying insurance in the  same  or  entitled  to  relief  or
23    benefits therein.
24        (g)  Any   contract,   oral,   written   or  implied,  of
25    employment providing for relief benefit, or insurance or  any
26    other  device  whereby  the  employee  is required to pay any
27    premium or premiums for insurance  against  the  compensation
28    provided  for  in  this  Act  shall  be  null  and void.  Any
29    employer withholding from  the  wages  of  any  employee  any
30    amount  for  the  purpose of paying any such premium shall be
31    guilty of a Class B misdemeanor.
32        In the event the employer does not pay  the  compensation
33    for  which  he  or  she is liable, then an insurance company,
34    association or insurer which may have insured  such  employer
                            -25-               LRB9002213DJcd
 1    against  such  liability shall become primarily liable to pay
 2    to the  employee,  his  or  her  personal  representative  or
 3    beneficiary  the  compensation  required by the provisions of
 4    this Act to be paid by such employer.  The insurance  carrier
 5    may  be made a party to the proceedings in which the employer
 6    is a party and an award may be entered  jointly  against  the
 7    employer and the insurance carrier.
 8        (h)  It  shall  be  unlawful  for any employer, insurance
 9    company or service or adjustment company to  interfere  with,
10    restrain  or  coerce  an employee in any manner whatsoever in
11    the exercise of the rights or remedies granted to him or  her
12    by  this  Act or to discriminate, attempt to discriminate, or
13    threaten to discriminate  against  an  employee  in  any  way
14    because  of  his  or  her  exercise of the rights or remedies
15    granted to him or her by this Act.
16        The arbitrator and Commission  shall  hear  evidence  and
17    make   written   findings  on  the  employee's  petition  for
18    sanctions based upon the prohibitions of  this  Section.   If
19    the  arbitrator  or Commission finds that the employer or its
20    agent has engaged in such proscribed activities, the employee
21    shall be allowed additional compensation  in  the  amount  of
22    $5,000.    The  employee  shall  retain his or her common law
23    rights against the employer.
24        It shall be unlawful for any  employer,  individually  or
25    through  any  insurance  company  or  service  or  adjustment
26    company,  to  discharge  or  to  threaten to discharge, or to
27    refuse to rehire or recall to active service  in  a  suitable
28    capacity  an  employee  because of the exercise of his or her
29    rights or remedies granted to him or her by this Act.
30        (i)  If an employer elects to  obtain  a  life  insurance
31    policy  on  his  employees,  he  may also elect to apply such
32    benefits in satisfaction of all or a  portion  of  the  death
33    benefits   payable   under  this  Act,  in  which  case,  the
34    employer's compensation premium shall be reduced accordingly.
                            -26-               LRB9002213DJcd
 1        (j)  Within 45 days of receipt of an initial  application
 2    or   application   to  renew  self-insurance  privileges  the
 3    Self-Insurers Advisory Board  shall  review  and  submit  for
 4    approval by the Chairman of the Commission recommendations of
 5    disposition  of  all  initial applications to self-insure and
 6    all applications to renew self-insurance privileges filed  by
 7    private  self-insurers  pursuant  to  the  provisions of this
 8    Section  and  Section  4a-9  of  this  Act.    Each   private
 9    self-insurer  shall  submit  with  its  initial  and  renewal
10    applications  the application fee required by Section 4a-4 of
11    this Act.
12        The Chairman of the Commission shall  promptly  act  upon
13    all initial applications and applications for renewal in full
14    accordance  with  the recommendations of the Board or, should
15    the Chairman disagree with any recommendation of  disposition
16    of the Self-Insurer's Advisory Board, he shall within 30 days
17    of  receipt  of  such  recommendation provide to the Board in
18    writing the reasons supporting his  decision.   The  Chairman
19    shall  also  promptly  notify  the  employer  of his decision
20    within 15 days of receipt of the recommendation of the Board.
21        If an employer is  denied  a  renewal  of  self-insurance
22    privileges  pursuant  to  application  it  shall  retain said
23    privilege  for  120  days  after  receipt  of  a  notice   of
24    cancellation  of  the  privilege  from  the  Chairman  of the
25    Commission.
26        All orders made by the Chairman under this Section  shall
27    be  subject  to review by the courts, such review to be taken
28    in the same manner and within the same time  as  provided  by
29    subsection (f) of Section 19 of this Act for review of awards
30    and  decisions  of the Commission, upon the party seeking the
31    review filing with the clerk  of  the  court  to  which  such
32    review  is taken a bond in an amount to be fixed and approved
33    by the court to which the review is taken,  conditioned  upon
34    the  payment  of  all compensation awarded against the person
                            -27-               LRB9002213DJcd
 1    taking such review pending a  decision  thereof  and  further
 2    conditioned  upon  such  other  obligations  as the court may
 3    impose.  Upon the review the Circuit Court shall  have  power
 4    to review all questions of fact as well as of law.
 5    (Source: P.A. 86-998; 86-1405.)
 6        (820 ILCS 305/4a-10 new)
 7        Sec.  4a-10.  Failure  to  insure  or self-insure.  If an
 8    employer fails to insure or self-insure as required  by  this
 9    Act,  the  State  Treasurer,  as  ex-officio custodian of the
10    Second Injury Fund, may be joined  with  the  employer  as  a
11    party  respondent in the application for adjustment of claim.
12    Upon a finding by the arbitrator that the employer has failed
13    to insure or self-insure as required by this Act,  the  State
14    Treasurer, as ex-officio custodian of the Second Injury Fund,
15    shall  assume  the  liability  of  the  employer  to  pay all
16    benefits as provided by this Act.  The State Treasurer  shall
17    have  the  same  defenses to such claims as would the insured
18    employer.  The office of the Attorney General of the State of
19    Illinois shall bring suit in the circuit court of the  county
20    in which the accident occurred against any employer for which
21    payment  has been made pursuant to this Section.  The penalty
22    under this Section shall be the  amount  withdrawn  from  the
23    Second  Injury Fund for the employer's employee or his or her
24    dependents, plus a fine of $500 a day from the  date  of  the
25    injury  up  to  a  maximum  of  $25,000,  and  any  amount so
26    collected shall be paid into the Second Injury Fund.
27        (820 ILCS 305/5) (from Ch. 48, par. 138.5)
28        Sec. 5.  (a) No common law or statutory right to  recover
29    damages  from  the  employer,  his  insurer,  his broker, any
30    service organization retained by the employer, his insurer or
31    his broker, or the union, its agents, employees,  or  members
32    of  its safety committee to provide safety service, advice or
                            -28-               LRB9002213DJcd
 1    recommendations for the employer or the agents  or  employees
 2    of  any of them for injury or death sustained by any employee
 3    while engaged in the line of his duty as such employee, other
 4    than the compensation herein provided, is  available  to  any
 5    employee who is covered by the provisions of this Act, to any
 6    one  wholly  or  partially  dependent  upon  him,  the  legal
 7    representatives  of his estate, or any one otherwise entitled
 8    to recover damages for such injury.
 9        However, in any action now pending or hereafter begun  to
10    enforce  a  common  law or statutory right to recover damages
11    for negligently causing the injury or death of  any  employee
12    it  is  not  necessary to allege in the complaint that either
13    the employee or the employer or both were not governed by the
14    provisions of this Act or of any similar Act in force in this
15    or any other State.
16        Any illegally employed minor or his legal representatives
17    shall, except as hereinafter provided, have the right  within
18    6  months  after  the  time  of  injury or death, or within 6
19    months after  the  appointment  of  a  legal  representative,
20    whichever  shall  be  later,  to  file  with the Commission a
21    rejection of his right to the benefits  under  this  Act,  in
22    which  case  such  illegally  employed  minor  or  his  legal
23    representatives  shall  have the right to pursue his or their
24    common law or statutory remedies to recover damages for  such
25    injury or death.
26        No  payment  of compensation under this Act shall be made
27    to an illegally employed minor, or his legal representatives,
28    unless such payment and the waiver of his right to reject the
29    benefits  of  this  Act  has  first  been  approved  by   the
30    Commission or any member thereof, and if such payment and the
31    waiver  of  his  right of rejection has been so approved such
32    payment is a bar to a subsequent rejection of the  provisions
33    of this Act.
34        (b)  Where  the injury or death for which compensation is
                            -29-               LRB9002213DJcd
 1    payable  under  this  Act  was  caused  under   circumstances
 2    creating  a  legal  liability for damages on the part of some
 3    person other than his employer to  pay  damages,  then  legal
 4    proceedings may be taken against such other person to recover
 5    damages   notwithstanding   such  employer's  payment  of  or
 6    liability to pay compensation under this Act.  In such  case,
 7    however,  if  the action against such other person is brought
 8    by the injured employee or his  personal  representative  and
 9    judgment  is  obtained  and  paid, or settlement is made with
10    such other person, either with or without suit, then from the
11    amount received by such employee or  personal  representative
12    there   shall   be   paid  to  the  employer  the  amount  of
13    compensation paid or to be paid by him to  such  employee  or
14    personal  representative including amounts paid or to be paid
15    pursuant to paragraph (a) of Section 8 of this  Act.  If  the
16    employee  or personal representative brings an action against
17    another person and the other person then brings an action for
18    contribution against the employer, the amount, if  any,  that
19    shall  be  paid  to  the employer by the employee or personal
20    representative pursuant to this Section shall be  reduced  by
21    an  amount  equal to the amount found by the trier of fact to
22    be the employer's pro rata share of the common  liability  in
23    the action.
24        Out   of  any  reimbursement  received  by  the  employer
25    pursuant to this Section the employer shall pay his pro  rata
26    share  of  all  costs  and  reasonably  necessary expenses in
27    connection with such third-party claim, action  or  suit  and
28    where  the  services of an attorney at law of the employee or
29    dependents have resulted in or substantially  contributed  to
30    the  procurement  by  suit,  settlement  or  otherwise of the
31    proceeds out of which the employer is  reimbursed,  then,  in
32    the  absence  of other agreement, the employer shall pay such
33    attorney 25% of the gross amount of such reimbursement.
34        If the injured employee or  his  personal  representative
                            -30-               LRB9002213DJcd
 1    agrees  to  receive  compensation from the employer or accept
 2    from  the  employer  any   payment   on   account   of   such
 3    compensation,  or  to  institute  proceedings  to recover the
 4    same, the employer may have or claim a lien upon  any  award,
 5    judgment  or  fund  out  of  which  such  employee  might  be
 6    compensated from such third party.
 7        In  such  actions brought by the employee or his personal
 8    representative, he shall forthwith  notify  his  employer  by
 9    personal  service or registered mail, of such fact and of the
10    name of the court in which the suit is brought, filing  proof
11    thereof  in  the  action.   The  employer  may,  at  any time
12    thereafter join in the action upon his  motion  so  that  all
13    orders  of court after hearing and judgment shall be made for
14    his protection.   No  release  or  settlement  of  claim  for
15    damages   by   reason   of  such  injury  or  death,  and  no
16    satisfaction of judgment in such proceedings shall  be  valid
17    without  the written consent of both employer and employee or
18    his personal  representative,  except  in  the  case  of  the
19    employers,  such  consent  is not required where the employer
20    has been fully indemnified or protected by Court order.
21        In the event the employee or his personal  representative
22    fails  to institute a proceeding against such third person at
23    any time prior to  3  months  before  such  action  would  be
24    barred,  the  employer  may in his own name or in the name of
25    the employee, or  his  personal  representative,  commence  a
26    proceeding  against  such  other  person  for the recovery of
27    damages on account of such injury or death to  the  employee,
28    and  out  of any amount recovered the employer shall pay over
29    to the injured employee or his personal  representatives  all
30    sums   collected  from  such  other  person  by  judgment  or
31    otherwise in excess of the amount of such  compensation  paid
32    or to be paid under this Act, including amounts paid or to be
33    paid  pursuant to paragraph (a) of Section 8 of this Act, and
34    costs, attorney's fees and  reasonable  expenses  as  may  be
                            -31-               LRB9002213DJcd
 1    incurred  by  such  employer  in making such collection or in
 2    enforcing such liability.
 3        This amendatory Act of 1995 applies to causes  of  action
 4    accruing on or after its effective date.
 5    (Source: P.A. 89-7, eff. 3-9-95.)
 6        (820 ILCS 305/6) (from Ch. 48, par. 138.6)
 7        Sec. 6.  (a) Every employer within the provisions of this
 8    Act, shall, under the rules and regulations prescribed by the
 9    Commission,  post  printed notices in their respective places
10    of employment in such number and at such  places  as  may  be
11    determined  by  the  Commission,  containing such information
12    relative to this Act as in the judgment of the Commission may
13    be necessary to aid employees to safeguard their rights under
14    this Act in event of injury.
15        In  addition  thereto,  the  employer  shall  post  in  a
16    conspicuous place on the place of the employment a printed or
17    typewritten notice stating whether he is insured  or  whether
18    he has qualified and is operating as a self-insured employer.
19    In  the event the employer is insured, the notice shall state
20    the name and address of his insurance carrier, the number  of
21    the  insurance  policy,  its  effective  date and the date of
22    termination. In the event of the termination  of  the  policy
23    for  any  reason  prior  to  the termination date stated, the
24    posted notice shall promptly be  corrected  accordingly.   In
25    the  event  the  employer  is  operating  as  a  self-insured
26    employer  the  notice shall state the name and address of the
27    company, if any, servicing the compensation payments  of  the
28    employer, and the name and address of the person in charge of
29    making compensation payments.
30        (b)  Every  employer  subject  to this Act shall maintain
31    accurate records of work-related deaths, injuries and illness
32    other than minor injuries requiring only first aid  treatment
33    and   which   do  not  involve  medical  treatment,  loss  of
                            -32-               LRB9002213DJcd
 1    consciousness, restriction of work or motion, or transfer  to
 2    another  job  and  file  with  the  Commission, in writing, a
 3    report of  all  accidental  deaths,  injuries  and  illnesses
 4    arising  out of and in the course of the employment resulting
 5    in the loss of more than 3 scheduled work days.  In the  case
 6    of  death  such  report shall be made no later than 2 working
 7    days following the accidental death.  In all other cases such
 8    report shall be made between the 15th and 25th of each  month
 9    unless  required to be made sooner by rule of the Commission.
10    In case the injury results in permanent disability, a further
11    report shall be made as soon as it is  determined  that  such
12    permanent  disability  has  resulted  or will result from the
13    injury.  All reports shall state  the  date  of  the  injury,
14    including  the  time  of  day  or  night,  the  nature of the
15    employer's business, the name, address,  age,  sex,  conjugal
16    condition  of  the injured person, the specific occupation of
17    the injured person, the direct cause of the  injury  and  the
18    nature  of  the  accident,  the  character of the injury, the
19    length of disability, and in case  of  death  the  length  of
20    disability  before  death,  the  wages of the injured person,
21    whether compensation has been paid to the injured person,  or
22    to  his  or  her legal representative or his heirs or next of
23    kin, the amount of compensation paid,  the  amount  paid  for
24    physicians',  surgeons' and hospital bills, and by whom paid,
25    and the amount paid for funeral or burial expenses if  known.
26    The  reports  shall  be  made  on  forms and in the manner as
27    prescribed by the Commission and shall contain  such  further
28    information  as  the  Commission  shall  deem  necessary  and
29    require.   The  making of these reports releases the employer
30    from making such reports to any other officer  of  the  State
31    and  shall  satisfy  the reporting provisions as contained in
32    the "Health and Safety Act" and "An Act in relation to safety
33    inspections  and  education  in  industrial  and   commercial
34    establishments  and to repeal an Act therein named", approved
                            -33-               LRB9002213DJcd
 1    July 18, 1955, as now  or  hereafter  amended.   The  reports
 2    filed  with  the Commission pursuant to this Section shall be
 3    made available by the Commission to the Director of Labor  or
 4    his representatives and to all other departments of the State
 5    of  Illinois  which  shall  require  such information for the
 6    proper discharge of their official duties.  Failure  to  file
 7    with  the  Commission  any  of  the  reports required in this
 8    Section is a petty offense.
 9        Except as provided in this paragraph, all  reports  filed
10    hereunder  shall be confidential and any person having access
11    to such records  filed  with  the  Industrial  Commission  as
12    herein  required,  who  shall release any information therein
13    contained including  the  names  or  otherwise  identify  any
14    persons  sustaining  injuries or disabilities, or give access
15    to such information to  any  unauthorized  person,  shall  be
16    subject  to discipline or discharge, and in addition shall be
17    guilty of a Class B misdemeanor. The Commission shall compile
18    and distribute to interested  persons  aggregate  statistics,
19    taken   from  the  reports  filed  hereunder.  The  aggregate
20    statistics shall not give the  names  or  otherwise  identify
21    persons  sustaining  injuries or disabilities or the employer
22    of any injured or disabled person.
23        (c)  Notice  of  the  accident  shall  be  given  to  the
24    employer as soon as practicable, but not later than  45  days
25    after the accident. Provided:
26        (1)  In  case  of the legal disability of the employee or
27    any dependent of a deceased employee who may be  entitled  to
28    compensation   under   the   provisions   of  this  Act,  the
29    limitations of time by this Act provided do not begin to  run
30    against  such  person under legal disability until a guardian
31    has been appointed.
32        (2)  In  cases  of  injuries  sustained  by  exposure  to
33    radiological materials or equipment, notice shall be given to
34    the employer within 90 days subsequent to the time  that  the
                            -34-               LRB9002213DJcd
 1    employee  knows or suspects that he has received an excessive
 2    dose of radiation.
 3        No defect or inaccuracy of such notice shall be a bar  to
 4    the maintenance of proceedings on arbitration or otherwise by
 5    the  employee  unless  the  employer proves that he is unduly
 6    prejudiced in such proceedings by such defect or inaccuracy.
 7        Notice of the accident shall give  the  approximate  date
 8    and  place of the accident, if known, and may be given orally
 9    or in writing.
10        (d)  Every employer shall notify  each  injured  employee
11    who  has  been  granted  compensation under the provisions of
12    Section 8  of  this  Act  of  his  rights  to  rehabilitation
13    services  and advise him of the locations of available public
14    rehabilitation centers and any other such services  of  which
15    the employer has knowledge.
16        In  any  case, other than one where the injury was caused
17    by  exposure  to  radiological  materials  or  equipment   or
18    asbestos or the injury results from repetitive trauma, unless
19    the application for compensation is filed with the Commission
20    within  3  years  after  the  date  of the accident, where no
21    compensation has been paid, or within 2 years after the  date
22    of the last payment of compensation, where any has been paid,
23    whichever  shall be later, the right to file such application
24    shall be barred.
25        In any case of injury caused by exposure to  radiological
26    materials  or  equipment  or asbestos, unless application for
27    compensation is filed with the  Commission  within  25  years
28    after  the  last  day  that  the  employee was employed in an
29    environment of hazardous radiological activity  or  asbestos,
30    the right to file such application shall be barred.
31        If  in any case except one where the injury was caused by
32    exposure to radiological materials or equipment or  asbestos,
33    the  accidental  injury  results  in  death  application  for
34    compensation  for  death  may  be  filed  with the Commission
                            -35-               LRB9002213DJcd
 1    within 3 years after the date of death where no  compensation
 2    has  been  paid  or within 2 years after the date of the last
 3    payment of compensation where any has  been  paid,  whichever
 4    shall be later, but not thereafter.
 5        In any case of injury caused by repetitive trauma, unless
 6    an  application for compensation is filed with the Commission
 7    within 3 years from the date of  reasonable  discovery  or  2
 8    years from the date of disablement, whichever is greater, the
 9    right to file the application shall be barred.
10        If   an   accidental   injury   caused   by  exposure  to
11    radiological material or equipment  or  asbestos  results  in
12    death  within  25  years after the last day that the employee
13    was so exposed application for compensation for death may  be
14    filed  with  the  Commission within 3 years after the date of
15    death, where no compensation has been paid, or within 2 years
16    after the date of the last payment of compensation where  any
17    has been paid, whichever shall be later, but not thereafter.
18        (e)  Any  contract  or  agreement made by any employer or
19    his  agent  or  attorney  with  any  employee  or  any  other
20    beneficiary of any claim under the  provisions  of  this  Act
21    within  7  days  after  the  injury  shall  be presumed to be
22    fraudulent.
23        (f)  Any condition or impairment of health of an employee
24    employed as a firefighter, emergency medical technician (EMT)
25    or paramedic which results directly or  indirectly  from  any
26    lung  or  respiratory disease or condition, heart or vascular
27    disease or condition, hypertension,  tuberculosis  or  cancer
28    resulting  in  any disability (temporary, permanent, total or
29    partial) to the employee shall be  conclusively  presumed  to
30    arise   out   of   and   in  the  course  of  the  employee's
31    firefighting, EMT or paramedic employment and, further, shall
32    be conclusively presumed to  be  causally  connected  to  the
33    hazards  or  exposures  of such employment.  This presumption
34    shall also apply to any hernia or hearing loss suffered by an
                            -36-               LRB9002213DJcd
 1    employee  employed  as  a  firefighter,  EMT  or   paramedic.
 2    However, this presumption shall not apply to any employee who
 3    has been employed as a firefighter, EMT or paramedic for less
 4    than  5  years  at  the  time  the condition or impairment is
 5    discovered.
 6    (Source: P.A. 84-981.)
 7        (820 ILCS 305/7) (from Ch. 48, par. 138.7)
 8        Sec. 7. The amount of compensation which  shall  be  paid
 9    for  an  accidental injury to the employee resulting in death
10    is:
11        (a)  If the employee leaves surviving a  widow,  widower,
12    child  or  children,  the applicable weekly compensation rate
13    computed in accordance with subparagraph 2 of paragraph   (b)
14    of  Section  8, shall be payable during the life of the widow
15    or widower and if any surviving child or children  shall  not
16    be  physically or mentally incapacitated then until the death
17    of the widow or widower or until  the  youngest  child  shall
18    reach  the  age  of  18, whichever shall come later; provided
19    that if such child or children shall be enrolled  as  a  full
20    time  student  in any accredited educational institution, the
21    payments shall continue until such child has attained the age
22    of 25.  In the event any surviving child or children shall be
23    physically or  mentally  incapacitated,  the  payments  shall
24    continue for the duration of such incapacity.
25        The term "child" means a child whom the deceased employee
26    left surviving, including a posthumous child, a child legally
27    adopted,  a  child  whom  the  deceased  employee was legally
28    obligated to support or a child to whom the deceased employee
29    stood in loco parentis.  The term "children" means the plural
30    of "child".
31        The term "physically or mentally incapacitated  child  or
32    children"  means a child or children incapable of engaging in
33    regular and substantial gainful employment.
                            -37-               LRB9002213DJcd
 1        In the event of the remarriage of  a  widow  or  widower,
 2    where  the  decedent  did  not  leave  surviving any child or
 3    children who, at the time of such remarriage, are entitled to
 4    compensation benefits under this Act,  the  surviving  spouse
 5    shall  be  paid  a  lump  sum  equal  to 2 years compensation
 6    benefits and all further rights  of  such  widow  or  widower
 7    shall be extinguished.
 8        If  the  employee  leaves surviving any child or children
 9    under 18 years of age who at  the  time  of  death  shall  be
10    entitled  to  compensation  under  this paragraph (a) of this
11    Section, the weekly compensation payments herein provided for
12    such child or children shall in  any  event  continue  for  a
13    period of not less than 6 years.
14        Any  beneficiary  entitled  to  compensation  under  this
15    paragraph  (a) of this Section shall receive from the special
16    fund provided in paragraph (f) of this Section,  in  addition
17    to the compensation herein provided, supplemental benefits in
18    accordance with paragraph (g) of Section 8.
19        (b)  If no compensation is payable under paragraph (a) of
20    this  Section  and  the employee leaves surviving a parent or
21    parents  who  at  the  time  of  the  accident  were  totally
22    dependent upon the  earnings  of  the  employee  then  weekly
23    payments  equal  to the compensation rate payable in the case
24    where the employee leaves surviving a widow or widower, shall
25    be paid to such parent or parents for the duration  of  their
26    lives,  and in the event of the death of either, for the life
27    of the survivor.
28        (c)  If no compensation is payable under  paragraphs  (a)
29    or  (b) of this Section and the employee leaves surviving any
30    child or children who are not entitled to compensation  under
31    the  foregoing  paragraph  (a)  but  who  at  the time of the
32    accident were nevertheless in any manner dependent  upon  the
33    earnings  of  the  employee,  or leaves surviving a parent or
34    parents who at  the  time  of  the  accident  were  partially
                            -38-               LRB9002213DJcd
 1    dependent upon the earnings of the employee, then there shall
 2    be  paid  to  such  dependent or dependents for a period of 8
 3    years weekly compensation payments at such proportion of  the
 4    applicable rate if the employee had left surviving a widow or
 5    widower as such dependency bears to total dependency.  In the
 6    event  of the death of any such beneficiary the share of such
 7    beneficiary shall be  divided  equally  among  the  surviving
 8    beneficiaries  and in the event of the death of the last such
 9    beneficiary  all  the  rights  under  this paragraph shall be
10    extinguished.
11        (d)  If no compensation is payable under paragraphs  (a),
12    (b)  or (c) of this Section and the employee leaves surviving
13    any grandparent, grandparents, grandchild or grandchildren or
14    collateral heirs dependent upon the  employee's  earnings  to
15    the  extent  of  50%  or more of total dependency, then there
16    shall be paid to such dependent or dependents for a period of
17    5 years weekly compensation payments at  such  proportion  of
18    the  applicable  rate  if  the  employee had left surviving a
19    widow  or  widower  as  such  dependency   bears   to   total
20    dependency.    In   the  event  of  the  death  of  any  such
21    beneficiary the share of such beneficiary  shall  be  divided
22    equally among the surviving beneficiaries and in the event of
23    the  death  of the last such beneficiary all rights hereunder
24    shall be extinguished.
25        (e)  The compensation to be paid  for  accidental  injury
26    which results in death, as provided in this Section, shall be
27    paid  to  the  persons who form the basis for determining the
28    amount of compensation  to  be  paid  by  the  employer,  the
29    respective shares to be in the proportion of their respective
30    dependency at the time of the accident on the earnings of the
31    deceased.   The  Commission  or an Arbitrator thereof may, in
32    its or his discretion, order or  award  the  payment  to  the
33    parent or grandparent of a child for the latter's support the
34    amount  of  compensation  which  but  for such order or award
                            -39-               LRB9002213DJcd
 1    would have been paid to  such  child  as  its  share  of  the
 2    compensation  payable,  which  order or award may be modified
 3    from time to time by the Commission in  its  discretion  with
 4    respect to the person to whom shall be paid the amount of the
 5    order   or   award  remaining  unpaid  at  the  time  of  the
 6    modification.
 7        The  payments  of  compensation  by   the   employer   in
 8    accordance   with  the  order  or  award  of  the  Commission
 9    discharges such employer from all further  obligation  as  to
10    such compensation.
11        (f)  The  sum  of $4200 for burial expenses shall be paid
12    by the employer to the widow or widower, other dependent,  or
13    to the estate of the employee next of kin or to the person or
14    persons incurring the expense of burial.
15        In  the  event  the  employer failed to provide necessary
16    first aid, medical, surgical or hospital  service,  he  shall
17    pay  the  cost  thereof  to the person or persons entitled to
18    compensation under paragraphs (a), (b), (c) or  (d)  of  this
19    Section, or to the person or persons incurring the obligation
20    therefore, or providing the same.
21        In  no event shall the total amount of compensation to be
22    paid to the persons entitled to compensation under subsection
23    (a), (b), (c), or (d) of this Section be less  than  $50,000.
24    If  there  are  no  persons  entitled  to  compensation under
25    subsections (a), (b), (c), or (d) of  this  Section,  $50,000
26    shall  be  payable  to the estate of the deceased employee in
27    addition to any other compensation under this Act to which he
28    or she may have been entitled at  the  time  of  his  or  her
29    death.
30        On  January  15  and July 15, 1981, and on January 15 and
31    July 15 of each year thereafter the employer shall within  60
32    days  pay  a  sum  equal  to  1/8  of  1% of all compensation
33    payments made by him after July 1, 1980,  either  under  this
34    Act  or  the  Workers'  Occupational Diseases Act, whether by
                            -40-               LRB9002213DJcd
 1    lump sum settlement or weekly compensation payments, but  not
 2    including hospital, surgical or rehabilitation payments, made
 3    during  the  first  6  months  and during the second 6 months
 4    respectively of the fiscal year next preceding  the  date  of
 5    the  payments,  into a special fund which shall be designated
 6    the "Second Injury Fund", of which  the  State  Treasurer  is
 7    ex-officio  custodian,  such  special  fund  to  be  held and
 8    disbursed for the purposes hereinafter stated  in  paragraphs
 9    (f)  and  (g)  of  Section  8,  either  upon the order of the
10    Commission or of a competent court.  Said special fund  shall
11    be  deposited  the  same  as are State funds and any interest
12    accruing thereon shall be added thereto every 6  months.   It
13    is  subject to audit the same as State funds and accounts and
14    is  protected  by  the  General  bond  given  by  the   State
15    Treasurer.   It  is  considered  always  appropriated for the
16    purposes of disbursements as provided in Section 8, paragraph
17    (f), of this Act, and shall be  paid  out  and  disbursed  as
18    therein provided and shall not at any time be appropriated or
19    diverted to any other use or purpose.
20        On January 15, 1991, the employer shall further pay a sum
21    equal  to one half of 1% of all compensation payments made by
22    him from January 1, 1990 through June 30, 1990  either  under
23    this  Act  or  under  the Workers' Occupational Diseases Act,
24    whether  by  lump  sum  settlement  or  weekly   compensation
25    payments,   but   not   including   hospital,   surgical   or
26    rehabilitation  payments,  into  an  additional  Special Fund
27    which shall be designated as the "Rate Adjustment  Fund".  On
28    March  15,  1991,  the  employer  shall  pay  into  the  Rate
29    Adjustment  Fund  a  sum  equal to one half of 1% of all such
30    compensation payments made from July 1, 1990 through December
31    31, 1990.  Within 60 days after July 15, 1991,  the  employer
32    shall  pay  into  the Rate Adjustment Fund a sum equal to one
33    half of 1%  of  all  such  compensation  payments  made  from
34    January  1, 1991 through June 30, 1991.  Within 60 days after
                            -41-               LRB9002213DJcd
 1    January 15 of 1992 and each subsequent year through 1996, the
 2    employer shall pay into the Rate Adjustment Fund a sum  equal
 3    to  one  half of 1% of all such compensation payments made in
 4    the last 6 months of the preceding calendar year.  Within  60
 5    days  after  July 15 of 1992 and each subsequent year through
 6    1995, the employer shall pay into the Rate Adjustment Fund  a
 7    sum equal to one half of 1% of all such compensation payments
 8    made  in the first 6 months of the same calendar year. Within
 9    60 days after January 15 of 1997 and  each  subsequent  year,
10    the  employer  shall  pay into the Rate Adjustment Fund a sum
11    equal  to  three-fourths  of  1%  of  all  such  compensation
12    payments made in the last 6 months of the preceding  calendar
13    year.    Within  60  days  after  July  15  of  1996 and each
14    subsequent  year,  the  employer  shall  pay  into  the  Rate
15    Adjustment Fund a sum equal to three-fourths  of  1%  of  all
16    such  compensation payments made in the first 6 months of the
17    same calendar year.  The administrative costs  of  collecting
18    assessments from employers for the Rate Adjustment Fund shall
19    be  paid  from  the  Rate  Adjustment  Fund.   The cost of an
20    actuarial audit of the Fund  shall  be  paid  from  the  Rate
21    Adjustment  Fund  and  the  audit shall be completed no later
22    than  July  1,  1997.  The  State  Treasurer  is  ex  officio
23    custodian of such Special Fund and the same shall be held and
24    disbursed for the purposes hereinafter stated  in  paragraphs
25    (f)  and (g) of Section 8 upon the order of the Commission or
26    of a competent court.  The  Rate  Adjustment  Fund  shall  be
27    deposited  the  same  as  are  State  funds  and any interest
28    accruing thereon shall be added thereto every 6  months.   It
29    shall  be  subject  to  audit  the  same  as  State funds and
30    accounts and shall be protected by the general bond given  by
31    the  State  Treasurer.   It is considered always appropriated
32    for the purposes of disbursements as provided  in  paragraphs
33    (f)  and  (g)  of Section 8 of this Act and shall be paid out
34    and disbursed as therein provided and shall not at  any  time
                            -42-               LRB9002213DJcd
 1    be  appropriated  or  diverted  to  any other use or purpose.
 2    Within 5 days after the effective date of this amendatory Act
 3    of 1990,  the  Comptroller  and  the  State  Treasurer  shall
 4    transfer $1,000,000 from the General Revenue Fund to the Rate
 5    Adjustment  Fund.   By February 15, 1991, the Comptroller and
 6    the State Treasurer shall transfer $1,000,000 from  the  Rate
 7    Adjustment  Fund  to  the  General  Revenue  Fund.  From  the
 8    effective  date  of this amendatory Act of 1993 to October 1,
 9    1997, the Comptroller and Treasurer are  authorized  to  make
10    transfers  at  the  request  of the Chairman up to a total of
11    $7,000,000 from the Second Injury Fund, the  General  Revenue
12    Fund, and the Workers' Compensation Benefit Trust Fund to the
13    Rate Adjustment Fund to the extent that there is insufficient
14    money   in  the  Rate  Adjustment  Fund  to  pay  claims  and
15    obligations.  Amounts may be  transferred  from  the  General
16    Revenue  Fund  only if the funds in the Second Injury Fund or
17    the Workers' Compensation Benefit Trust Fund are insufficient
18    to pay claims and obligations of the  Rate  Adjustment  Fund.
19    All  amounts  transferred  from  the  Second Injury Fund, the
20    General Revenue Fund, and the Workers'  Compensation  Benefit
21    Trust  Fund  shall  be  repaid  from the Rate Adjustment Fund
22    within 270 days of a transfer, together with interest at  the
23    rate  earned  by  moneys on deposit in the Fund or Funds from
24    which the moneys were transferred.
25        Upon a finding by the Commission, after reasonable notice
26    and hearing, that any employer has  willfully  and  knowingly
27    failed  to pay the proper amounts into the Second Injury Fund
28    or the Rate Adjustment Fund required by this  Section  or  if
29    such payments are not made within the time periods prescribed
30    by  this  Section,  the  employer  shall, in addition to such
31    payments, pay a penalty of 20% of the amount required  to  be
32    paid  or  $2,500, whichever is greater, for each year or part
33    thereof of such failure to pay.    This  penalty  shall  only
34    apply to obligations of an employer to the Second Injury Fund
                            -43-               LRB9002213DJcd
 1    or the Rate Adjustment Fund accruing after the effective date
 2    of this amendatory Act of 1989. All or part of such a penalty
 3    may be waived by the Commission for good cause shown.
 4        Any  obligations of an employer to the Second Injury Fund
 5    and Rate Adjustment Fund accruing prior to the effective date
 6    of this amendatory Act of 1989 shall be paid in full by  such
 7    employer  within  5  years  of  the  effective  date  of this
 8    amendatory Act of 1989,  with  at  least  one-fifth  of  such
 9    obligation   to  be  paid  during  each  year  following  the
10    effective date of  this  amendatory  Act  of  1989.   If  the
11    Commission  finds,  following  reasonable notice and hearing,
12    that an employer has failed to make  timely  payment  of  any
13    obligation   accruing   under  the  preceding  sentence,  the
14    employer shall, in addition to all other payments required by
15    this Section, be liable for a penalty equal  to  20%  of  the
16    overdue  obligation or $2,500, whichever is greater, for each
17    year or part thereof that obligation is overdue. All or  part
18    of  such  a  penalty may be waived by the Commission for good
19    cause shown.
20        The  Chairman  of  the   Industrial   Commission   shall,
21    annually,  furnish  to  the  Director  of  the  Department of
22    Insurance a list of the amounts paid into the  Second  Injury
23    Fund  and  the Rate Adjustment Fund by each insurance company
24    on behalf of their  insured  employers.  The  Director  shall
25    verify  to  the  Chairman  that  the  amounts  paid  by  each
26    insurance  company  are  accurate as best as the Director can
27    determine from the records available  to  the  Director.  The
28    Chairman   shall   verify  that  the  amounts  paid  by  each
29    self-insurer  are  accurate  as  best  as  the  Chairman  can
30    determine  from  records  available  to  the  Chairman.   The
31    Chairman may require each self-insurer to provide information
32    concerning the total compensation payments  made  upon  which
33    contributions   to  the  Second  Injury  Fund  and  the  Rate
34    Adjustment Fund are predicated and any additional information
                            -44-               LRB9002213DJcd
 1    establishing that such payments have  been  made  into  these
 2    funds.  Any deficiencies in payments noted by the Director or
 3    Chairman shall be subject to the penalty provisions  of  this
 4    Act.
 5        The    State    Treasurer,   or   his   duly   authorized
 6    representative, shall be named as a party to all  proceedings
 7    in  all  cases  involving  claim  for  the  loss  of,  or the
 8    permanent and complete loss of the use of one eye, one  foot,
 9    one leg, one arm or one hand.
10        The  State  Treasurer  or his duly authorized agent shall
11    have the same rights as any other party  to  the  proceeding,
12    including the right to petition for review of any award.  The
13    reasonable   expenses   of   litigation,   such   as  medical
14    examinations, testimony, and transcript of evidence, incurred
15    by the State Treasurer or his duly authorized representative,
16    shall be borne by the Second Injury Fund.
17        If the award is not paid within 30 days  after  the  date
18    the  award  has become final, the Commission shall proceed to
19    take judgment thereon in its own  name  as  is  provided  for
20    other  awards  by paragraph (g) of Section 19 of this Act and
21    take the necessary steps to collect the award.
22        Any person, corporation or organization who has  paid  or
23    become  liable  for  the  payment  of  burial expenses of the
24    deceased employee may  in  his  or  its  own  name  institute
25    proceedings before the Commission for the collection thereof.
26        For   the   purpose   of   administration,  receipts  and
27    disbursements, the Special Fund provided for in paragraph (f)
28    of this  Section  shall  be  administered  jointly  with  the
29    Special  Fund provided for in Section 7, paragraph (f) of the
30    Workers' Occupational Diseases Act.
31        (g)  All  compensation,  except   for   burial   expenses
32    provided  in this Section to be paid in case accident results
33    in  death,  shall  be  paid  in  installments  equal  to  the
34    percentage of the average earnings as provided for in Section
                            -45-               LRB9002213DJcd
 1    8, paragraph (b) of this Act, at the same intervals at  which
 2    the wages or earnings of the employees were paid.  If this is
 3    not  feasible,  then  the  installments shall be paid weekly.
 4    Such compensation may be paid in a lump sum upon petition  as
 5    provided  in  Section 9 of this Act.  However, in addition to
 6    the  benefits  provided  by  Section  9  of  this  Act  where
 7    compensation for death is payable to  the  deceased's  widow,
 8    widower  or  to the deceased's widow, widower and one or more
 9    children, and where a partial lump sum is applied for by such
10    beneficiary or  beneficiaries  within  18  months  after  the
11    deceased's  death,  the  Commission  may,  in its discretion,
12    grant a partial lump sum of not to exceed 100  weeks  of  the
13    compensation  capitalized  at  their  present  value upon the
14    basis of interest calculated at  3%  per  annum  with  annual
15    rests,  upon  a showing that such partial lump sum is for the
16    best interest of such beneficiary or beneficiaries.
17        (h)  In case the injured employee is under  16  years  of
18    age  at  the  time of the accident and is illegally employed,
19    the amount of compensation payable under paragraphs (a), (b),
20    (c), (d) and (f) of this Section shall be increased 50%.
21        Nothing herein contained repeals or amends the provisions
22    of the Child Labor Law relating to the employment  of  minors
23    under the age of 16 years.
24        However,  where  an  employer  has  on file an employment
25    certificate issued pursuant to the Child Labor  Law  or  work
26    permit  issued  pursuant  to the Federal Fair Labor Standards
27    Act, as amended, or a birth  certificate  properly  and  duly
28    issued,  such  certificate,  permit  or  birth certificate is
29    conclusive evidence as  to  the  age  of  the  injured  minor
30    employee for the purposes of this Section only.
31        (i)  Whenever  the  dependents of a deceased employee are
32    aliens not residing in the United States, Mexico  or  Canada,
33    the   amount  of  compensation  payable  is  limited  to  the
34    beneficiaries described in paragraphs (a),  (b)  and  (c)  of
                            -46-               LRB9002213DJcd
 1    this  Section  and  is  50%  of  the compensation provided in
 2    paragraphs (a), (b)  and  (c)  of  this  Section,  except  as
 3    otherwise provided by treaty.
 4        In  a case where any of the persons who would be entitled
 5    to compensation is living at any place outside of the  United
 6    States,   then   payment   shall  be  made  to  the  personal
 7    representative of the deceased employee.  The distribution by
 8    such personal representative to the persons entitled shall be
 9    made to such persons and in such  manner  as  the  Commission
10    orders.
11    (Source: P.A. 88-672, eff. 12-14-94; 89-470, eff. 6-13-96.)
12        (820 ILCS 305/8) (from Ch. 48, par. 138.8)
13        Sec.  8.   The amount of compensation which shall be paid
14    to the employee for an accidental  injury  not  resulting  in
15    death is:
16        (a)  The  employer  shall  provide  and  pay  for all the
17    necessary first aid, medical and surgical services,  and  all
18    necessary  medical, surgical and hospital services thereafter
19    incurred, limited,  however,  to  that  which  is  reasonably
20    required   to  cure  or  relieve  from  the  effects  of  the
21    accidental injury. The employer shall also pay for treatment,
22    instruction and training necessary for the  physical,  mental
23    and  vocational rehabilitation of the employee, including all
24    maintenance  costs  and  expenses  incidental  thereto.   The
25    employee  shall  have  the  right  to choose the providers of
26    treatment, instruction, and training necessary for his or her
27    physical, mental, and vocational rehabilitation,  unless  the
28    Commission  finds  the  provider  selected by the employee is
29    rendering improper or inadequate  treatment,  instruction  or
30    training, in which case the Commission may order the employee
31    to select another provider.  If as a result of the injury the
32    employee  is  unable to be self-sufficient the employer shall
33    further pay for such maintenance  or  institutional  care  as
                            -47-               LRB9002213DJcd
 1    shall be required. If an employee has sustained an accidental
 2    injury  and  as  a  result  becomes  temporarily  and totally
 3    disabled from pursuing his or her usual and customary line of
 4    work, the employer shall maintain such medical  insurance  as
 5    the   employee   enjoyed  when  previously  working  for  the
 6    employer.
 7        The employee may at any time  elect  to  secure  his  own
 8    physician,  surgeon  and  hospital services at the employer's
 9    expense, or,
10        Upon agreement between the employer and the employees, or
11    the employees' exclusive representative, and subject  to  the
12    approval  of  the  Industrial  Commission, the employer shall
13    maintain a list of physicians, to be  known  as  a  Panel  of
14    Physicians, who are accessible to the employees. The employer
15    shall  post  this list in a place or places easily accessible
16    to his employees.  The employee shall have the right to  make
17    an  alternative  choice of physician from such Panel if he is
18    not satisfied with the physician first selected.  If, due  to
19    the  nature  of  the  injury  or its occurrence away from the
20    employer's place of business, the employee is unable to  make
21    a  selection  from  the Panel, the selection process from the
22    Panel shall not apply.  The physician selected from the Panel
23    may  arrange  for  any  consultation,   referral   or   other
24    specialized   medical  services  outside  the  Panel  at  the
25    employer's  expense.  Provided  that,  in   the   event   the
26    Commission  shall find that a doctor selected by the employee
27    is rendering improper or inadequate care, the Commission  may
28    order  the  employee  to  select  another doctor certified or
29    qualified  in  the  medical  field  for  which  treatment  is
30    required.  If the employee refuses to make  such  change  the
31    Commission  may relieve the employer of his obligation to pay
32    the doctor's charges from the date of refusal to the date  of
33    compliance.
34        Every   hospital,  physician,  surgeon  or  other  person
                            -48-               LRB9002213DJcd
 1    rendering  treatment  or  services  in  accordance  with  the
 2    provisions of this Section shall upon written request furnish
 3    full and  complete  reports  thereof  to,  and  permit  their
 4    records  to  be  copied by, the employer, the employee or his
 5    dependents, as the case may be, or any  other  party  to  any
 6    proceeding  for  compensation before the Commission, or their
 7    attorneys.
 8        Notwithstanding the foregoing, the  employer's  liability
 9    to  pay  for  such  medical services selected by the employee
10    shall be limited to:
11             (1)  all first aid and emergency treatment; plus
12             (2)  all medical,  surgical  and  hospital  services
13        provided  by the physician, surgeon or hospital initially
14        chosen  by  the  employee  or  by  any  other  physician,
15        consultant, expert,  institution  or  other  provider  of
16        services  recommended by said initial service provider or
17        any subsequent provider of medical services in the  chain
18        of referrals from said initial service provider; plus
19             (3)  all  medical,  surgical  and  hospital services
20        provided by any second  physician,  surgeon  or  hospital
21        subsequently  chosen  by  the  employee  or  by any other
22        physician,  consultant,  expert,  institution  or   other
23        provider  of  services recommended by said second service
24        provider or any subsequent provider of  medical  services
25        in  the  chain  of  referrals  from  said  second service
26        provider. Thereafter the employer shall  select  and  pay
27        for   all   necessary   medical,  surgical  and  hospital
28        treatment and the employee may not select a  provider  of
29        medical  services  at  the  employer's expense unless the
30        employer agrees  to  such  selection.  At  any  time  the
31        employee  may  obtain any medical treatment he desires at
32        his own expense. This paragraph shall not affect the duty
33        to pay for rehabilitation referred to above.
34        When an  employer  and  employee  so  agree  in  writing,
                            -49-               LRB9002213DJcd
 1    nothing  in  this  Act  prevents  an employee whose injury or
 2    disability has been established under this Act, from  relying
 3    in  good  faith,  on  treatment  by prayer or spiritual means
 4    alone, in accordance  with  the  tenets  and  practice  of  a
 5    recognized  church  or  religious  denomination,  by  a  duly
 6    accredited  practitioner thereof, and having nursing services
 7    appropriate therewith, without suffering loss  or  diminution
 8    of  the  compensation  benefits  under this Act. However, the
 9    employee shall submit to all physical  examinations  required
10    by  this  Act.   The  cost of such treatment and nursing care
11    shall be paid by the employee unless the employer  agrees  to
12    make such payment.
13        Where  the accidental injury results in the amputation of
14    an arm, hand, leg or foot, or the enucleation of an  eye,  or
15    the  loss  of  any  of  the natural teeth, the employer shall
16    furnish an artificial of any such members lost or damaged  in
17    accidental  injury  arising  out  of  and  in  the  course of
18    employment, and shall also furnish the  necessary  braces  in
19    all  proper  and  necessary cases.  In cases of the loss of a
20    member or members by amputation, the employer shall, whenever
21    necessary, maintain in good  repair,  refit  or  replace  the
22    artificial  limbs during the lifetime of the employee.  Where
23    the accidental injury accompanied by physical injury  results
24    in damage to a denture, eye glasses or contact eye lenses, or
25    where   the   accidental  injury  results  in  damage  to  an
26    artificial member, the employer shall replace or repair  such
27    denture, glasses, lenses, or artificial member.
28        The  furnishing  by  the employer of any such services or
29    appliances is not an admission of liability on  the  part  of
30    the employer to pay compensation.
31        The  furnishing of any such services or appliances or the
32    servicing thereof by the  employer  is  not  the  payment  of
33    compensation.
34        (b)  If the period of temporary total incapacity for work
                            -50-               LRB9002213DJcd
 1    lasts  more  than  3  working  days,  weekly  compensation as
 2    hereinafter provided shall be paid beginning on the  4th  day
 3    of  such temporary total incapacity and continuing as long as
 4    the total temporary incapacity lasts.   In  cases  where  the
 5    temporary total incapacity for work continues for a period of
 6    14  days  or  more  from the day of the accident compensation
 7    shall commence on the day after the accident.
 8        If  the  employee  is  receiving  benefits  awarded   for
 9    temporary total incapacity, the employer shall not, except in
10    cases  where  the  employee  has actually returned to gainful
11    employment, discontinue the payment of those benefits  unless
12    so  ordered  by  the  Industrial  Commission or an arbitrator
13    thereof pursuant to subsection (e) of Section 19.   Temporary
14    total disability benefits may be terminated by the arbitrator
15    or  the  Commission  only  if  the employee refuses to accept
16    suitable work offered to him or her by any employer which the
17    employee  has  the  capacity  to  perform.   Temporary  total
18    disability benefits are payable under this Section even after
19    the issuance of an award or decision of permanent  disability
20    under   this   Section.    The  payment  of  temporary  total
21    disability  benefits  due  to  periods  of  temporary   total
22    incapacity  for work that occur as a result of a work-related
23    injury after the issuance of an award or  decision  shall  be
24    secured  in  accordance  with subsection (h) of Section 19 of
25    this Act.
26        Capacity to perform work shall be determined in the  same
27    manner  as  for  individuals who come under the provisions of
28    subsection (d) of this Section.  In determining whether  work
29    is  suitable  for an individual, consideration shall be given
30    to the degree of risk involved to his or her health,  safety,
31    and  morals,  his or her physical fitness and prior training,
32    his or her experience and prior earnings, his or  her  length
33    of employment and prospects for securing local work in his or
34    her  customary  occupation,  the stability of the local labor
                            -51-               LRB9002213DJcd
 1    market for performance of services substantially  similar  to
 2    those  to  be performed in the work offered, and the distance
 3    of available work from his or her residence.
 4             1.  The  compensation  rate  for   temporary   total
 5        incapacity under this paragraph (b) of this Section shall
 6        be equal to 66 2/3% of the employee's average weekly wage
 7        computed  in accordance with Section 10, provided that it
 8        shall be not less  than  the  following  amounts  in  the
 9        following cases:
10                  $100.90 in case of a single person;
11                  $105.50  in  case  of  a married person with no
12             children;
13                  $108.30 in case of one child;
14                  $113.40 in case of 2 children;
15                  $117.40 in case of 3 children;
16                  $124.30 in case of 4 or more children;
17        nor exceed the employee's average weekly wage computed in
18        accordance with the provisions of Section  10,  whichever
19        is less.
20             2.  The  compensation  rate  in all cases other than
21        for temporary total disability under this paragraph  (b),
22        and  other  than  for serious and permanent disfigurement
23        under paragraph (c) and other than for permanent  partial
24        disability  under  subparagraph  (2)  of paragraph (d) or
25        under paragraph (e), of this Section shall be equal to 66
26        2/3% of the employee's average weekly  wage  computed  in
27        accordance  with  the  provisions of Section 10, provided
28        that it shall be not less than the following  amounts  in
29        the following cases:
30                  $80.90 in case of a single person;
31                  $83.20  in  case  of  a  married person with no
32             children;
33                  $86.10 in case of one child;
34                  $88.90 in case of 2 children;
                            -52-               LRB9002213DJcd
 1                  $91.80 in case of 3 children;
 2                  $96.90 in case of 4 or more children;
 3        nor exceed the employee's average weekly wage computed in
 4        accordance with the provisions of Section  10,  whichever
 5        is less.
 6             2.1.  The  compensation rate in all cases of serious
 7        and permanent disfigurement under paragraph  (c)  and  of
 8        permanent  partial  disability  under subparagraph (2) of
 9        paragraph (d) or under  paragraph  (e)  of  this  Section
10        shall  be  equal  to 60% of the employee's average weekly
11        wage  computed  in  accordance  with  the  provisions  of
12        Section 10, provided that it shall be not less  than  the
13        following amounts in the following cases:
14                  $80.90 in case of a single person;
15                  $83.20  in  case  of  a  married person with no
16             children;
17                  $86.10 in case of one child;
18                  $88.90 in case of 2 children;
19                  $91.80 in case of 3 children;
20                  $96.90 in case of 4 or more children;
21        nor exceed the employee's average weekly wage computed in
22        accordance with the provisions of Section  10,  whichever
23        is less.
24             3.  As used in this Section the term "child" means a
25        child of the employee including any child legally adopted
26        before  the  accident or whom at the time of the accident
27        the employee was under legal obligation to support or  to
28        whom  the employee stood in loco parentis, and who at the
29        time of the accident was under 18 years of  age  and  not
30        emancipated.   The  term  "children"  means the plural of
31        "child".
32             4.  All weekly  compensation  rates  provided  under
33        subparagraphs  1, 2 and 2.1 of this paragraph (b) of this
34        Section shall be subject to the following limitations:
                            -53-               LRB9002213DJcd
 1             The maximum weekly compensation rate  from  July  1,
 2        1975,  except  as  hereinafter provided, shall be 100% of
 3        the State's average weekly  wage  in  covered  industries
 4        under the Unemployment Insurance Act, that being the wage
 5        that most closely approximates the State's average weekly
 6        wage.
 7             The maximum weekly compensation rate, for the period
 8        July   1,   1984,   through  June  30,  1987,  except  as
 9        hereinafter provided, shall be $293.61. Effective July 1,
10        1987 and on July 1 of each year  thereafter  the  maximum
11        weekly compensation rate, except as hereinafter provided,
12        shall  be  determined as follows: if during the preceding
13        12 month period there shall have been an increase in  the
14        State's  average  weekly wage in covered industries under
15        the Unemployment Insurance Act, the  weekly  compensation
16        rate  shall  be  proportionately  increased  by  the same
17        percentage as the percentage of increase in  the  State's
18        average  weekly  wage  in  covered  industries  under the
19        Unemployment Insurance Act during such period.
20             The maximum weekly compensation rate, for the period
21        January 1, 1981 through  December  31,  1983,  except  as
22        hereinafter  provided,  shall  be  100%  of  the  State's
23        average  weekly  wage  in  covered  industries  under the
24        Unemployment Insurance Act in effect on January 1,  1981.
25        Effective  January 1, 1984 and on January 1, of each year
26        thereafter the maximum weekly compensation  rate,  except
27        as  hereinafter provided, shall be determined as follows:
28        if during the preceding 12 month period there shall  have
29        been  an  increase  in the State's average weekly wage in
30        covered industries under the Unemployment Insurance  Act,
31        the  weekly  compensation  rate  shall be proportionately
32        increased by the same percentage  as  the  percentage  of
33        increase  in  the  State's average weekly wage in covered
34        industries under the Unemployment  Insurance  Act  during
                            -54-               LRB9002213DJcd
 1        such period.
 2             From July 1, 1977 and thereafter such maximum weekly
 3        compensation  rate  in  death  cases under Section 7, and
 4        permanent total disability cases under paragraph  (f)  or
 5        subparagraph  18 of paragraph (3) of this Section and for
 6        temporary total disability under paragraph  (b)  of  this
 7        Section  and for amputation of a member or enucleation of
 8        an eye under paragraph  (e)  of  this  Section  shall  be
 9        increased  to 133-1/3% of the State's average weekly wage
10        in covered industries under  the  Unemployment  Insurance
11        Act.
12             4.1.  Any   provision   herein   to   the   contrary
13        notwithstanding,   the   weekly   compensation  rate  for
14        compensation payments under subparagraph 18 of  paragraph
15        (e)  of  this  Section  and  under  paragraph (f) of this
16        Section and under paragraph (a) of Section 7, shall in no
17        event be less than 50% of the State's average weekly wage
18        in covered industries under  the  Unemployment  Insurance
19        Act.
20             4.2.  Any provision to the contrary notwithstanding,
21        the  total compensation payable under Section 7 shall not
22        exceed the greater of $250,000 or 20 years.
23             5.  For the purpose of  this  Section  this  State's
24        average  weekly  wage  in  covered  industries  under the
25        Unemployment Insurance Act on  July  1,  1975  is  hereby
26        fixed   at  $228.16  per  week  and  the  computation  of
27        compensation  rates  shall  be  based  on  the  aforesaid
28        average  weekly  wage  until  modified   as   hereinafter
29        provided.
30             6.  The  Department  of  Employment  Security of the
31        State shall on or before the first day of December, 1977,
32        and on or before the first day of June, 1978, and on  the
33        first  day  of  each  December  and  June  of  each  year
34        thereafter,  publish  the  State's average weekly wage in
                            -55-               LRB9002213DJcd
 1        covered industries under the Unemployment  Insurance  Act
 2        and  the  Industrial  Commission shall on the 15th day of
 3        January, 1978 and on the 15th day of July,  1978  and  on
 4        the  15th  day  of  each  January  and  July of each year
 5        thereafter, post and publish the State's  average  weekly
 6        wage   in   covered  industries  under  the  Unemployment
 7        Insurance Act as last determined  and  published  by  the
 8        Department  of  Employment  Security.  The amount when so
 9        posted and published shall be  conclusive  and  shall  be
10        applicable  as  the  basis of computation of compensation
11        rates  until  the  next  posting   and   publication   as
12        aforesaid.
13             7.  The  payment  of  compensation by an employer or
14        his insurance carrier to an injured  employee  shall  not
15        constitute  an  admission  of the employer's liability to
16        pay compensation.
17        (c)  For any serious and permanent disfigurement  to  the
18    hand,  head, face, neck, arm, leg below the knee or the chest
19    above  the  axillary  line,  the  employee  is  entitled   to
20    compensation for such disfigurement, the amount determined by
21    agreement  at any time or by arbitration under this Act, at a
22    hearing not  less  than  6  months  after  the  date  of  the
23    accidental injury, which amount shall not exceed 150 weeks at
24    the applicable rate provided in subparagraph 2.1 of paragraph
25    (b) of this Section.
26        No  compensation  is  payable  under this paragraph where
27    compensation is payable under paragraphs (d), (e) or  (f)  of
28    this Section.
29        A  duly  appointed member of a fire department in a city,
30    the population of which exceeds 200,000 according to the last
31    federal or State census, is eligible for  compensation  under
32    this   paragraph   only  where  such  serious  and  permanent
33    disfigurement results from burns.
34        (d) 1.  If,  after  the  accidental   injury   has   been
                            -56-               LRB9002213DJcd
 1    sustained, the employee as a result thereof becomes partially
 2    incapacitated  from  pursuing his usual and customary line of
 3    employment, he shall, until such time as the employee  elects
 4    to  proceed  to  hearing  and  makes  an  election  to pursue
 5    compensation  except in cases compensated under the  specific
 6    schedule  set forth in paragraph (e) of this Section, receive
 7    compensation for the duration of his disability,  subject  to
 8    the  limitations as to maximum amounts fixed in paragraph (b)
 9    of this Section, equal to 66-2/3% of the  difference  between
10    the average amount which he would be able to earn in the full
11    performance  of  his duties in the occupation in which he was
12    engaged at the time of the accident and  the  average  amount
13    which  he  is  earning  or  is  able to earn in some suitable
14    employment or business after the accident.
15        2.  If,  as  a  result  of  the  accident,  the  employee
16    sustains  serious  and  permanent  injuries  not  covered  by
17    paragraphs (c) and (e) of this Section  or  having  sustained
18    injuries  covered by the aforesaid paragraphs (c) and (e), he
19    shall have sustained in addition thereto other injuries which
20    injuries do not incapacitate him from pursuing the duties  of
21    his  employment  but  which  would  disable him from pursuing
22    other suitable occupations, or which have otherwise  resulted
23    in   physical  impairment;  or  if  such  injuries  partially
24    incapacitate him from pursuing the duties of  his  usual  and
25    customary  line  of  employment  but  do  not  result  in  an
26    impairment  of  earning  capacity,  or  having resulted in an
27    impairment of earning capacity, the employee elects to  waive
28    his  right  to  recover under the foregoing subparagraph 1 of
29    paragraph (d) of this Section then in any  of  the  foregoing
30    events,  he  shall  receive  in  addition to compensation for
31    temporary  total  disability  under  paragraph  (b)  of  this
32    Section, compensation at the rate  provided  in  subparagraph
33    2.1  of  paragraph (b) of this Section for that percentage of
34    500 weeks that the  partial  disability  resulting  from  the
                            -57-               LRB9002213DJcd
 1    injuries covered by this paragraph bears to total disability.
 2    If  the  employee  shall  have sustained a fracture of one or
 3    more vertebra  or  fracture  of  the  skull,  the  amount  of
 4    compensation  allowed  under  this  Section shall be not less
 5    than 6 weeks for a fractured  skull  and  6  weeks  for  each
 6    fractured  vertebra, and in the event the employee shall have
 7    sustained a fracture of any of the  following  facial  bones:
 8    nasal,   lachrymal,   vomer,  zygoma,  maxilla,  palatine  or
 9    mandible, the  amount  of  compensation  allowed  under  this
10    Section  shall  be  not  less  than  2  weeks  for  each such
11    fractured bone, and for a fracture of each transverse process
12    not less than 3 weeks.  In  the  event  such  injuries  shall
13    result in the loss of a kidney, spleen or lung, the amount of
14    compensation  allowed  under  this  Section shall be not less
15    than 10 weeks for  each  such  organ.   Compensation  awarded
16    under  this  subparagraph 2 shall not take into consideration
17    injuries covered under paragraphs (c) and (e) of this Section
18    and the compensation provided in  this  paragraph  shall  not
19    affect  the  employee's  right  to compensation payable under
20    paragraphs  (b),  (c)  and  (e)  of  this  Section  for   the
21    disabilities therein covered.
22        (e)  For  accidental  injuries in the following schedule,
23    the employee shall receive compensation  for  the  period  of
24    temporary  total  incapacity  for  work  resulting  from such
25    accidental injury, under subparagraph 1 of paragraph  (b)  of
26    this   Section,   and   shall  receive  in  addition  thereto
27    compensation for a  further  period  for  the  specific  loss
28    herein  mentioned,  but  shall  not  receive any compensation
29    under any other  provisions  of  this  Act.    The  following
30    listed  amounts  apply to either the loss of or the permanent
31    and complete loss  of  use  of  the  member  specified,  such
32    compensation for the length of time as follows:
33             1.  Thumb-70 weeks.
34             2.  First, or index finger-40 weeks.
                            -58-               LRB9002213DJcd
 1             3.  Second, or middle finger-35 weeks.
 2             4.  Third, or ring finger-25 weeks.
 3             5.  Fourth, or little finger-20 weeks.
 4             6.  Great toe-35 weeks.
 5             7.  Each toe other than great toe-12 weeks.
 6             8.  The  loss  of the first or distal phalanx of the
 7        thumb or of any finger or toe shall be considered  to  be
 8        equal  to  the  loss of one-half of such thumb, finger or
 9        toe and the compensation payable shall be one-half of the
10        amount above  specified.   The  loss  of  more  than  one
11        phalanx  shall  be  considered  as the loss of the entire
12        thumb, finger or  toe.   In  no  case  shall  the  amount
13        received  for  more  than  one  finger  exceed the amount
14        provided in this schedule for the loss of a hand.
15             9.  Hand-190 weeks.  The loss of 2 or  more  digits,
16        or  one  or more phalanges of 2 or more digits, of a hand
17        may be compensated on the basis of partial loss of use of
18        a hand, provided, further, that the loss of 4 digits,  or
19        the  loss  of  use  of  4  digits, in the same hand shall
20        constitute the  complete loss of a hand.
21             10.  Arm-235  weeks.   Where  an  accidental  injury
22        results in the amputation of an arm below the elbow, such
23        injury shall be compensated as a loss of an  arm.   Where
24        an  accidental injury results in the amputation of an arm
25        above the elbow, compensation for an additional 15  weeks
26        shall be paid, except where the accidental injury results
27        in  the amputation of an arm at the shoulder joint, or so
28        close to shoulder joint that an artificial arm cannot  be
29        used,  or results in the disarticulation of an arm at the
30        shoulder  joint,  in  which  case  compensation  for   an
31        additional 65 weeks shall be paid.
32             11.  Foot-155 weeks.
33             12.  Leg-200  weeks.   Where  an  accidental  injury
34        results  in  the amputation of a leg below the knee, such
                            -59-               LRB9002213DJcd
 1        injury shall be compensated as loss of a  leg.  Where  an
 2        accidental  injury  results  in  the  amputation of a leg
 3        above the knee, compensation for an additional  25  weeks
 4        shall be paid, except where the accidental injury results
 5        in  the amputation of a leg at the hip joint, or so close
 6        to the hip joint that an artificial leg cannot  be  used,
 7        or  results  in  the  disarticulation of a leg at the hip
 8        joint, in which case compensation for  an  additional  75
 9        weeks shall be paid.
10             13.  Eye-150  weeks.   Where  an  accidental  injury
11        results in the enucleation of an eye, compensation for an
12        additional 10 weeks shall be paid.
13             14.  Loss  of hearing of one ear-50 weeks; total and
14        permanent loss of hearing of both ears-200 weeks.
15             15.  Testicle-50 weeks; both testicles-150 weeks.
16             16.  For the permanent partial  loss  of  use  of  a
17        member  or  sight  of  an  eye,  or  hearing  of  an ear,
18        compensation during that  proportion  of  the  number  of
19        weeks  in the foregoing schedule provided for the loss of
20        such member or sight of an eye, or  hearing  of  an  ear,
21        which  the partial loss of use thereof bears to the total
22        loss of use of such member, or sight of eye,  or  hearing
23        of an ear.
24                  (a)  Loss  of hearing for compensation purposes
25             shall be confined to the frequencies of 1,000, 2,000
26             and 3,000 cycles per second. Loss of hearing ability
27             for frequency tones above 3,000  cycles  per  second
28             are  not to be considered as constituting disability
29             for hearing.
30                  (b)  The percent of hearing loss, for  purposes
31             of  the  determination  of  compensation  claims for
32             occupational deafness, shall be  calculated  as  the
33             average  in  decibels  for the thresholds of hearing
34             for the frequencies of 1,000, 2,000 and 3,000 cycles
                            -60-               LRB9002213DJcd
 1             per second. Pure  tone  air  conduction  audiometric
 2             instruments,   approved   by  nationally  recognized
 3             authorities  in  this  field,  shall  be  used   for
 4             measuring  hearing  loss.  If  the losses of hearing
 5             average 30 decibels or less in  the  3  frequencies,
 6             such losses of hearing shall not then constitute any
 7             compensable  hearing  disability.  If  the losses of
 8             hearing  average  85  decibels  or  more  in  the  3
 9             frequencies, then the same shall constitute  and  be
10             total or 100% compensable hearing loss.
11                  (c)  In   measuring   hearing  impairment,  the
12             lowest measured losses in each of the 3  frequencies
13             shall   be  added  together  and  divided  by  3  to
14             determine  the  average  decibel  loss.  For   every
15             decibel  of  loss exceeding 30 decibels an allowance
16             of 1.82% shall be made up to  the  maximum  of  100%
17             which is reached at 85 decibels.
18                  (d)  If  a  hearing loss is established to have
19             existed on July 1, 1975 by audiometric  testing  the
20             employer  shall  not be liable for the previous loss
21             so established nor shall he be liable for  any  loss
22             for which compensation has been paid or awarded.
23                  (e)  No  consideration  shall  be  given to the
24             question  of  whether  or  not  the  ability  of  an
25             employee to understand speech is improved by the use
26             of a hearing aid.
27                  (f)  No  claim  for  loss  of  hearing  due  to
28             industrial  noise  shall  be  brought   against   an
29             employer  or  allowed  unless  the employee has been
30             exposed for a period of  time  sufficient  to  cause
31             permanent  impairment  to  noise levels in excess of
32             the following:
33                  Sound Level DBA
34                   Slow Response              Hours Per Day
                            -61-               LRB9002213DJcd
 1                        90                          8
 2                        92                          6
 3                        95                          4
 4                        97                          3
 5                        100                         2
 6                        102                       1-1/2
 7                        105                         1
 8                        110                        1/2
 9                        115                        1/4
10             This subparagraph (f) shall not be applied in  cases
11        of hearing loss resulting from trauma or explosion.
12             Notwithstanding    this    subparagraph   (f),   the
13        Industrial Commission or arbitrator may award  disability
14        for  hearing  loss  when  an employee has been exposed to
15        noise levels which the Commission or arbitrator deems are
16        sufficient to cause permanent impairment.
17             17.  In computing the compensation to be paid to any
18        employee who, before the accident  for  which  he  claims
19        compensation,  had  before  that time sustained an injury
20        resulting in the loss by amputation or  partial  loss  by
21        amputation  of  any member, including hand, arm, thumb or
22        fingers, leg, foot or any toes, such loss or partial loss
23        of any such member shall be deducted from any award  made
24        for the subsequent injury.  For the permanent loss of use
25        or  the  permanent partial loss of use of any such member
26        or the partial  loss  of  sight  of  an  eye,  for  which
27        compensation has been paid, then such loss shall be taken
28        into  consideration  and  deducted from any award for the
29        subsequent injury.
30             18.  The specific case of loss of both  hands,  both
31        arms, or both feet, or both legs, or both eyes, or of any
32        two  thereof,  or  the permanent and complete loss of the
33        use thereof, constitutes total and permanent  disability,
34        to  be compensated according to the compensation fixed by
                            -62-               LRB9002213DJcd
 1        paragraph (f) of this Section.  These specific  cases  of
 2        total  and  permanent  disability  do  not  exclude other
 3        cases.
 4             Any employee who has previously suffered the loss or
 5        permanent and complete loss of the use  of  any  of  such
 6        members,  and  in a subsequent independent accident loses
 7        another or suffers the permanent and complete loss of the
 8        use of any one of such members the employer for whom  the
 9        injured  employee  is  working  at  the  time of the last
10        independent accident is liable to pay  compensation  only
11        for the loss or permanent and complete loss of the use of
12        the member occasioned by the last independent accident.
13             19.  In  a  case of specific loss and the subsequent
14        death of such injured employee  from  other  causes  than
15        such  injury  leaving  a  widow,  widower, or  dependents
16        surviving before payment or  payment  in  full  for  such
17        injury, then the amount due for such injury is payable to
18        the  widow  or  widower  and,  if  there  be  no widow or
19        widower, then to such dependents, in the proportion which
20        such dependency bears to total dependency.
21        Beginning July 1, 1980, and every  6  months  thereafter,
22    the Commission shall examine the Second Injury Fund and when,
23    after  deducting all advances or loans made to such Fund, the
24    amount therein is $500,000 then the  amount  required  to  be
25    paid  by  employers  pursuant  to  paragraph (f) of Section 7
26    shall be reduced by one-half. When  the  Second  Injury  Fund
27    reaches  the  sum  of  $600,000 then the payments shall cease
28    entirely.  However, when the  Second  Injury  Fund  has  been
29    reduced  to  $400,000,  payment  of  one-half  of the amounts
30    required by paragraph (f) of Section 7 shall be  resumed,  in
31    the  manner  herein provided, and when the Second Injury Fund
32    has been reduced to $300,000, payment  of  the  full  amounts
33    required  by  paragraph (f) of Section 7 shall be resumed, in
34    the manner herein provided. The  Commission  shall  make  the
                            -63-               LRB9002213DJcd
 1    changes  in  payment  effective  by  general  order,  and the
 2    changes in payment become immediately effective for all cases
 3    coming before the Commission thereafter either by  settlement
 4    agreement  or  final  order,  irrespective of the date of the
 5    accidental injury.
 6        On August 1, 1996 and on February 1 and August 1 of  each
 7    subsequent  year,  the  Commission  shall examine the special
 8    fund designated as the "Rate Adjustment Fund" and when, after
 9    deducting all advances or loans made to said fund, the amount
10    therein is $4,000,000, the amount  required  to  be  paid  by
11    employers  pursuant  to  paragraph  (f) of Section 7 shall be
12    reduced by one-half.  When the Rate Adjustment  Fund  reaches
13    the  sum  of  $5,000,000  the  payment  therein  shall  cease
14    entirely.   However,  when said Rate Adjustment Fund has been
15    reduced to $3,000,000 the amounts required by  paragraph  (f)
16    of Section 7 shall be resumed in the manner herein provided.
17        (f)  In  case  of  complete disability, which renders the
18    employee wholly and permanently incapable of work, or in  the
19    specific  case  of total and permanent disability as provided
20    in  subparagraph  18  of  paragraph  (e)  of  this   Section,
21    compensation  shall  be  payable  at  the  rate  provided  in
22    subparagraph 2 of paragraph (b) of this Section for life.
23        An  employee  entitled to benefits under paragraph (f) of
24    this Section shall also be entitled to receive from the  Rate
25    Adjustment Fund provided in paragraph (f) of Section 7 of the
26    supplementary  benefits  provided  in  paragraph  (g) of this
27    Section 8.
28        If  any  employee  who  receives  an  award  under   this
29    paragraph afterwards returns to work or is able to do so, and
30    earns  or  is  able  to  earn as much as before the accident,
31    payments under such award  shall  cease.   If  such  employee
32    returns to work, or is able to do so, and earns or is able to
33    earn  part but not as much as before the accident, such award
34    shall be  modified  so  as  to  conform  to  an  award  under
                            -64-               LRB9002213DJcd
 1    paragraph  (d)  of this Section.  If such award is terminated
 2    or reduced under  the  provisions  of  this  paragraph,  such
 3    employees  have  the right at any time within 30 months after
 4    the date of such termination or reduction  to  file  petition
 5    with  the  Commission  for the purpose of determining whether
 6    any disability exists as a result of the original  accidental
 7    injury and the extent thereof.
 8        Disability as enumerated in subdivision 18, paragraph (e)
 9    of this Section is considered complete disability.
10        If  an  employee  who had previously incurred loss or the
11    permanent and complete loss of use of one member, through the
12    loss or the permanent and complete loss of  the  use  of  one
13    hand,  one  arm,  one  foot,  one  leg,  or  one  eye, incurs
14    permanent and complete disability through  the  loss  or  the
15    permanent  and complete loss of the use of another member, he
16    shall receive, in addition to the compensation payable by the
17    employer and after such payments have ceased, an amount  from
18    the  Second  Injury  Fund  provided  for  in paragraph (f) of
19    Section 7, which, together with the compensation payable from
20    the employer in whose employ he was when the last  accidental
21    injury  was  incurred,  will  equal  the  amount  payable for
22    permanent  and  complete  disability  as  provided  in   this
23    paragraph of this Section.
24        The  custodian  of the Second Injury Fund provided for in
25    paragraph (f) of Section 7 shall be joined with the  employer
26    as  a  party  respondent in the application for adjustment of
27    claim.  The application for adjustment of claim  shall  state
28    briefly  and  in general terms the approximate time and place
29    and manner of the loss of the first member.
30        In its award  the  Commission  or  the  Arbitrator  shall
31    specifically  find  the  amount the injured employee shall be
32    weekly paid, the number of weeks compensation which shall  be
33    paid  by the employer, the date upon which payments begin out
34    of the Second Injury Fund provided for in  paragraph  (f)  of
                            -65-               LRB9002213DJcd
 1    Section 7 of this Act, the length of time the weekly payments
 2    continue,  the  date upon which the pension payments commence
 3    and the monthly amount of the payments. The Commission  shall
 4    30  days after the date upon which payments out of the Second
 5    Injury Fund have begun as provided in the  award,  and  every
 6    month thereafter, prepare and submit to the State Comptroller
 7    a  voucher  for  payment for all compensation accrued to that
 8    date  at  the  rate  fixed  by  the  Commission.   The  State
 9    Comptroller shall draw a  warrant  to  the  injured  employee
10    along  with  a receipt to be executed by the injured employee
11    and returned to the  Commission.  The  endorsed  warrant  and
12    receipt  is a full and complete acquittance to the Commission
13    for the payment out of the  Second  Injury  Fund.   No  other
14    appropriation  or warrant is necessary for payment out of the
15    Second Injury Fund.  The Second Injury Fund  is  appropriated
16    for  the purpose of making payments according to the terms of
17    the awards.
18        As of July 1, 1980 to July 1, 1982,  all  claims  against
19    and obligations of the Second Injury Fund shall become claims
20    against  and  obligations  of the Rate Adjustment Fund to the
21    extent there is insufficient money in the Second Injury  Fund
22    to  pay  such  claims  and  obligations.   In  that case, all
23    references to "Second Injury Fund" in this Section shall also
24    include the Rate Adjustment Fund.
25        (g)  Every award for permanent total  disability  entered
26    by  the  Commission  on  and  after  July 1, 1965 under which
27    compensation payments shall become due and payable after  the
28    effective  date  of  this amendatory Act, and every award for
29    death benefits or permanent total disability entered  by  the
30    Commission on and after the effective date of this amendatory
31    Act  shall  be subject to annual adjustments as to the amount
32    of the compensation rate therein provided.  Such  adjustments
33    shall first be made on July 15, 1977, and all awards made and
34    entered  prior  to  July  1, 1975 and on July 15 of each year
                            -66-               LRB9002213DJcd
 1    thereafter.  In all other cases such adjustment shall be made
 2    on July 15 of the second year next following the date of  the
 3    entry  of  the  award  and  shall  further be made on July 15
 4    annually thereafter. The adjustment shall be made retroactive
 5    to the date permanent and total disability began  or  to  the
 6    date  of  death.    If during the intervening period from the
 7    date of  the  entry  of  the  award,  or  the  last  periodic
 8    adjustment,  there shall have been an increase in the State's
 9    average  weekly  wage  in  covered   industries   under   the
10    Unemployment  Insurance  Act,  the  weekly  compensation rate
11    shall be proportionately increased by the same percentage  as
12    the percentage of increase in the State's average weekly wage
13    in  covered  industries under the Unemployment Insurance Act.
14    The increase in the compensation rate  under  this  paragraph
15    shall  in  no  event  bring the total compensation rate to an
16    amount  greater  than  the  prevailing  maximum  rate.   Such
17    increase shall be paid in the same manner as herein  provided
18    for  payments  under  the  Second  Injury Fund to the injured
19    employee, or his dependents, as the case may be, out  of  the
20    Rate  Adjustment  Fund provided in paragraph (f) of Section 7
21    of this Act.  Payments shall be made at the same intervals as
22    provided in the award or, at the option  of  the  Commission,
23    may  be made in quarterly payment on the 15th day of January,
24    April, July and October of each year.   In  the  event  of  a
25    decrease in such average weekly wage there shall be no change
26    in the then existing compensation rate.  The within paragraph
27    shall  not  apply  to cases where there is disputed liability
28    and in which a compromise lump  sum  settlement  between  the
29    employer  and the injured employee, or his dependents, as the
30    case may  be,  has  been  duly  approved  by  the  Industrial
31    Commission.
32        Provided,   that  in  cases  of  awards  entered  by  the
33    Commission for injuries occurring before July  1,  1975,  the
34    increases   in  the  compensation  rate  adjusted  under  the
                            -67-               LRB9002213DJcd
 1    foregoing provision of this paragraph (g) shall be limited to
 2    increases in the  State's  average  weekly  wage  in  covered
 3    industries  under  the  Unemployment  Insurance Act occurring
 4    after July 1, 1975.
 5        (h)  In case death occurs from any cause before the total
 6    compensation to which the employee would have  been  entitled
 7    has  been  paid,  then in case the employee leaves any widow,
 8    widower, child, parent (or  any  grandchild,  grandparent  or
 9    other  lineal  heir  or  any collateral heir dependent at the
10    time of the accident upon the earnings of the employee to the
11    extent of 50% or more of total dependency) such  compensation
12    shall  be  paid to the beneficiaries of the deceased employee
13    and distributed as provided in paragraph (g) of Section 7.
14        (h-1)  In  case  an  injured  employee  is  under   legal
15    disability at the time when any right or privilege accrues to
16    him  or  her  under  this  Act,  a  guardian may be appointed
17    pursuant to law, and may, on  behalf  of  such  person  under
18    legal  disability,  claim  and  exercise  any  such  right or
19    privilege with the same effect as if the employee himself  or
20    herself  had claimed or exercised the right or privilege.  No
21    limitations of time provided by this Act run so long  as  the
22    employee   who   is  under  legal  disability  is  without  a
23    conservator or guardian.
24        (i)  In case the injured employee is under  16  years  of
25    age  at  the  time of the accident and is illegally employed,
26    the amount of compensation payable under paragraphs (b), (c),
27    (d), (e) and (f) of this Section is increased 50%.
28        However, where an employer  has  on  file  an  employment
29    certificate  issued  pursuant  to the Child Labor Law or work
30    permit issued pursuant to the Federal  Fair  Labor  Standards
31    Act,  as  amended,  or  a birth certificate properly and duly
32    issued, such certificate,  permit  or  birth  certificate  is
33    conclusive  evidence  as  to  the  age  of  the injured minor
34    employee for the purposes of this Section.
                            -68-               LRB9002213DJcd
 1        Nothing herein contained repeals or amends the provisions
 2    of the Child Labor Law relating to the employment  of  minors
 3    under the age of 16 years.
 4        (j) 1.  In   the  event  the  injured  employee  receives
 5    benefits, including medical, surgical  or  hospital  benefits
 6    under  any  group plan covering non-occupational disabilities
 7    contributed to wholly or partially  by  the  employer,  which
 8    benefits  should  not  have  been  payable  if  any rights of
 9    recovery existed under this Act, then such amounts so paid to
10    the employee from any such group plan as shall be  consistent
11    with,  and  limited to, the provisions of paragraph 2 hereof,
12    shall be credited to or against any compensation payment  for
13    temporary  total incapacity for work or any medical, surgical
14    or hospital benefits made or to be made under this Act.   The
15    amount  of such credit shall not include any amounts deducted
16    for federal, State or local  taxes,  social  security,  union
17    dues,  contributions by the employees toward fringe benefits,
18    or any other deductions made by the employer. In such  event,
19    the period of time for giving notice of accidental injury and
20    filing  application for adjustment of claim does not commence
21    to  run  until  the  termination  of  such  payments.    This
22    paragraph  does  not  apply  to payments made under any group
23    plan  which  would  have  been  payable  irrespective  of  an
24    accidental injury under this  Act.   Any  employer  receiving
25    such  credit  shall keep such employee safe and harmless from
26    any and all claims or liabilities that may  be  made  against
27    him  by  reason  of having received such payments only to the
28    extent of such credit.
29        Any excess benefits paid to  or  on  behalf  of  a  State
30    employee  by  the  State  Employees'  Retirement System under
31    Article 14 of the Illinois Pension Code on a death  claim  or
32    disputed  disability  claim  shall  be  credited  against any
33    payments made or to be made by the State of Illinois to or on
34    behalf of such employee under this Act, except  for  payments
                            -69-               LRB9002213DJcd
 1    for  medical expenses which have already been incurred at the
 2    time of the award.  The  State  of  Illinois  shall  directly
 3    reimburse  the  State  Employees'  Retirement  System  to the
 4    extent of such credit.
 5        2.  Nothing contained in this Act shall be  construed  to
 6    give  the  employer  or  the  insurance  carrier the right to
 7    credit for any benefits or payments received by the  employee
 8    other  than  compensation  payments provided by this Act, and
 9    where the employee receives payments other than  compensation
10    payments,  whether as full or partial salary, group insurance
11    benefits, bonuses,  annuities  or  any  other  payments,  the
12    employer  or  insurance carrier shall receive credit for each
13    such payment only to the  extent  of  the  compensation  that
14    would  have  been  payable  during the period covered by such
15    payment.
16        3.  The  extension  of  time  for  the   filing   of   an
17    Application  for Adjustment of Claim as provided in paragraph
18    1 above shall not apply to those cases  where  the  time  for
19    such  filing  had expired prior to the date on which payments
20    or benefits enumerated herein have been initiated or resumed.
21    Provided however that this paragraph 3 shall  apply  only  to
22    cases wherein the payments or benefits hereinabove enumerated
23    shall be received after July 1, 1969.
24        (k)  Notwithstanding  any  other  provision  of this Act,
25    when the employee suffers  injury  resulting  in  death,  the
26    complete  and  permanent  loss of use of any member listed in
27    subsection  (e),   or   total   and   permanent   disability,
28    compensation,  other  than  compensation  for temporary total
29    incapacity for work, shall be based on  the  State's  average
30    weekly  wage or the employee's average weekly wage, whichever
31    is greater.
32    (Source: P.A. 89-470, eff. 6-13-96.)
33        (820 ILCS 305/8a new)
                            -70-               LRB9002213DJcd
 1        Sec.  8a.  Cumulative  injuries.   As  a  guide  to   the
 2    interpretation  and  application  of this Section, the policy
 3    and intent of the General  Assembly  is  declared  to  be  as
 4    follows:
 5             That  every  person  in  this  State who works for a
 6        living  is  entitled  to  a  reasonable  opportunity   to
 7        maintain his or her independence and self-respect through
 8        self-support even if that person has a physical or mental
 9        handicap;
10             That  any  plan which will reasonably, equitably and
11        practically operate  to  break  down  hindrances  and  to
12        remove  obstacles to the employment of partially disabled
13        persons honorably discharged from our armed forces or any
14        other persons having physical or mental handicaps  is  of
15        vital  importance  to this State and its people and is of
16        concern to this General Assembly;
17             That it is the considered judgment of  this  General
18        Assembly  that the system embodied in this Section, which
19        makes a logical and equitable adjustment of the liability
20        under this Act which an employer must  assume  in  hiring
21        employees,   constitutes   a   practical  and  reasonable
22        approach to a solution of the problem for the  employment
23        of persons with physical or mental handicaps.
24        (a)  Commencing  January  1,  1998  and thereafter, if an
25    employee  who  has  a  physical  or   mental   handicap,   as
26    hereinafter defined, sustains a compensable accidental injury
27    resulting  in  additional  permanent  disability  so that the
28    degree or percentage of disability caused by the  combination
29    of  the  previous  disability and the compensable accident is
30    substantially greater than that  which  would  have  resulted
31    from  the  compensable  accident,  considered  alone  and  of
32    itself,  the  employer  shall  pay  all  medical and hospital
33    expenses and compensation based on the combined disabilities,
34    but the employer shall  be  reimbursed  from  the  Cumulative
                            -71-               LRB9002213DJcd
 1    Injury Fund for all compensation payments subsequent to those
 2    payable for the first 104 weeks of disability.
 3        (b)  If an employee who has a physical or mental handicap
 4    sustains  a  compensable accidental injury resulting in death
 5    and it has been determined that  the  death  would  not  have
 6    occurred  but for the previous disability, the employer shall
 7    pay all medical and hospital expenses and  compensation,  but
 8    the  employer  shall be reimbursed from the Cumulative Injury
 9    Fund for all compensation payments in excess of 250 weeks.
10        (c)  "Physical or mental handicap" means any physical  or
11    mental impairment resulting from or manifested by anatomical,
12    physiological,   neurological  or  psychological  conditions,
13    demonstrable by medically  accepted  clinical  or  laboratory
14    diagnostic techniques, and which is or is regarded as being a
15    substantial hindrance or obstacle to obtaining employment.
16        (820 ILCS 320/8b new)
17        Sec. 8b.  Hearings for reimbursement.
18        (a)  The   State   Treasurer   shall  be  the  ex-officio
19    custodian of the Cumulative Injury Fund  created  in  Section
20    8c.   The  custodian  shall  be  named  as  a defendant by an
21    employer seeking reimbursement as provided in Section 8a in a
22    petition filed with the  Commission.   The  Commission  shall
23    hold  a hearing to determine the extent, if any, to which the
24    employer is entitled to reimbursement.  The employer and  the
25    custodian  shall  be notified of the date of hearing at least
26    30 days in advance.   The  employer  and  the  custodian  may
27    introduce  evidence  in accordance with the rules of evidence
28    and the  rules  of  the  Commission.   The  decision  of  the
29    Commission regarding the petition may be appealed in the same
30    manner as any other decision of the Commission.
31        (b)  No  reimbursement  shall  be  made  to  any employer
32    unless the employer files a petition for reimbursement within
33    3 years of the date of the last payment  of  compensation  by
                            -72-               LRB9002213DJcd
 1    the employer to the employee or the employee's dependents.
 2        (c)  In  its award the Commission shall specifically find
 3    the amount the injured employee shall  be  paid  as  provided
 4    under  Section 8a, the date upon which payments shall be made
 5    from the Cumulative Injury Fund,  and  the  manner  in  which
 6    payments  shall be made.  The Commission shall, 30 days after
 7    the date upon which payments out  of  the  Cumulative  Injury
 8    Fund  have  begun  as  provided  in the award and every month
 9    thereafter, prepare and submit to  the  State  Comptroller  a
10    voucher for payment for all compensation accrued to that date
11    at  the  rate fixed by the Commission.  The State Comptroller
12    shall draw a warrant to the employer along with a receipt  to
13    be  executed  by the employer and returned to the Commission.
14    The endorsed warrant and its receipt is a full  and  complete
15    acquittance  to  the  Commission  for  the payment out of the
16    Cumulative Injury Fund.  No other appropriation or warrant is
17    necessary for payment out of the Cumulative Injury Fund.  The
18    Cumulative Injury Fund is appropriated  for  the  purpose  of
19    making payments according to the terms of the awards.
20        (820 ILCS 305/8c new)
21        Sec.  8c.  Cumulative  Injury  Fund  created.   There  is
22    created the Cumulative Injury Fund.  Each employer subject to
23    this Act shall in 1998, in 2 equal installments to be paid by
24    April 1 and July 1, respectively, pay to the State Treasurer,
25    as  ex-officio  custodian  of the Fund, a sum equal to .5% of
26    the total amount of all compensation payments made by him  or
27    her during the preceding calendar year under this Act and the
28    Workers'  Occupational  Diseases Act, not including hospital,
29    surgical or rehabilitation payments.
30        In  1998,  and  in  each  year  thereafter,  the  several
31    employers subject to this Act or  the  Workers'  Occupational
32    Diseases  Act  shall  pay  into the Cumulative Injury Fund by
33    July 1 assessments which, when combined, equal  125%  of  the
                            -73-               LRB9002213DJcd
 1    expenditures from the Cumulative Injury Fund in the preceding
 2    calendar  year, reduced by the amount of income earned by the
 3    Fund during the preceding year, and further  reduced  by  the
 4    amount   of  the  special  State  contribution  paid  in  the
 5    preceding calendar year  in  accordance  with  this  Section.
 6    Each  employer's assessment shall be a percentage, determined
 7    by the Commission by April 1 each year, of the  total  amount
 8    of  all  compensation  payments made by him or her during the
 9    preceding calendar year  under  this  Act  and  the  Workers'
10    Occupational  Diseases  Act, not including hospital, surgical
11    or rehabilitation payments.
12        When  reimbursement  is  made  under  Section   8a,   the
13    Commission  shall  also  determine  whether  the pre-existing
14    permanent  disability  or  physical   impairment   had   been
15    previously   compensated  under  this  Act  or  the  Workers'
16    Occupational Diseases Act.  Each year the State shall make  a
17    special  contribution  to  the  Cumulative  Injury Fund of an
18    amount equal to 25% of the amount paid out of the Fund in the
19    preceding year relative to those persons  whose  pre-existing
20    permanent disability or physical impairment attributable to a
21    physical or mental handicap had not been compensated.
22        Moneys  in the Fund shall be paid out only as provided in
23    Sections 8a and 8b.
24        The moneys in the Fund may be invested by  the  Treasurer
25    jointly with moneys in the Rate Adjustment Fund, the interest
26    being apportioned between the 2 funds every 6 months.
27        (820 ILCS 305/8d new)
28        Sec.  8d.  Cases  involving  insurance or self-insurance.
29    Where an employer has  either  insured  or  self-insured  his
30    liability  under  paragraph  (1)  or (3) of subsection (a) of
31    Section 4, the insurance company or plan,  whether  insurance
32    or   not,   shall   be  the  primary  insurer  or  source  of
33    compensation with respect to any injury  covered  under  this
                            -74-               LRB9002213DJcd
 1    Act.  On a form to be furnished by the Industrial Commission,
 2    an employee claiming medical expenses under subsection (a) of
 3    Section  8  shall indicate whether he needs medical attention
 4    and present the form to his  employer.   The  employer  shall
 5    indicate  in  writing within 30 days after receiving the form
 6    whether he is contesting the issue of whether the  injury  is
 7    covered under this Act.
 8        If  the  employer  or his workers' compensation insurance
 9    carrier, administrator, or other self-insurance  or  security
10    arrangement denies coverage or indicates that the employer is
11    contesting  the  claim  on the grounds that the injury is not
12    covered by this Act, the  employee's  medical  insurer  shall
13    pay,  according  to  its  contract  terms,  any  medical cost
14    incurred by the employee up to the limits of  the  applicable
15    coverage.    The  employee's medical insurer may not delay or
16    deny payment of benefits due to the employee by claiming that
17    treatment  for  the  employee's  injury  or  disease  is  the
18    responsibility  of  the  employer's   workers'   compensation
19    carrier,  administrator  or  other self-insurance or security
20    arrangement, regardless of any language in  its  contract  to
21    the contrary.
22        If   any   injury   is   subsequently  determined  to  be
23    compensable  under  this   Act,   the   employer's   workers'
24    compensation  carrier,  administrator or other self-insurance
25    or security arrangement shall be  ordered  to  reimburse  the
26    employee's  medical  insurer for all payment and to reimburse
27    the employee for any deductible or co-payment amounts made by
28    the employee for medical expenses  covered  under  subsection
29    (a)  of  Section  8.   The  employee's  medical  insurer  and
30    employee  shall  be  entitled  to  interest  on such payments
31    calculated under subsection (n) of Section 19.
32        It is the  public  policy  of  this  State  to  encourage
33    compromise  settlements  of disputed cases.  In the event the
34    Commission approves a compromise  settlement  of  a  disputed
                            -75-               LRB9002213DJcd
 1    case, the order approving said settlement does not constitute
 2    an adjudication on the merits of any claimed medical expenses
 3    under   subsection  (a)  of  Section  8.   In  such  a  case,
 4    subsequent proceedings may be brought in the Circuit Court of
 5    the county where the employer is principally localized by the
 6    employee's medical insurer to adjudicate any  rights  it  may
 7    have against the employer's workers' compensation carrier or,
 8    if  none,  the  employer itself, for benefits paid under this
 9    Act.
10        For purposes of this  Section,  the  "employee's  medical
11    insurer"  includes  any  individual or group health insurance
12    policy or contract, including certificates issued thereunder,
13    or any other plan, arrangement or evidence of coverage  which
14    provides  for  payment  of  and  furnishes  accident, health,
15    hospital or medical benefits  or  services  to  the  employee
16    through  the  policy, contract, plan, program, arrangement or
17    other evidence of coverage, whether by insurance or not, with
18    one  or  more  insurers,  including  pools  and  reciprocals,
19    medical or health care service plans and other not-for-profit
20    corporations,  health  maintenance  organizations,   pre-paid
21    health  care  plans, preferred provider organizations, or any
22    other professional corporations, plans,  programs,  contracts
23    or  other  arrangements  under  which  one or more employers,
24    unions, or other organizations pay for, reimburse, furnish or
25    otherwise provide  to  their  employees  or  members,  either
26    directly  or  indirectly  through  a  trust  or  third  party
27    administrator,  medical  or health care services or benefits,
28    whether by insurance or not, and whether  the  cost  of  such
29    services or benefits is borne by the employer or employee.
30        (820 ILCS 305/10) (from Ch. 48, par. 138.10)
31        Sec.  10.   The  basis  for  computing  the  compensation
32    provided  for  in  Sections  7  and  8 of the Act shall be as
33    follows:
                            -76-               LRB9002213DJcd
 1        The compensation shall be computed on the  basis  of  the
 2    "Average weekly wage" which shall mean the actual earnings of
 3    the employee in the employment in which he was working at the
 4    time  of the injury during the period of 52 weeks ending with
 5    the  last  day  of  the  employee's  last  full  pay   period
 6    immediately   preceding   the  date  of  injury,  illness  or
 7    disablement including overtime, bonuses,  tips  and  anything
 8    else  of  value received by the employee as consideration for
 9    the work, including but not limited to room,  board  and  the
10    reasonable value of any benefits provided or available to the
11    employee,  such  as  health  insurance,  life  insurance  and
12    pension plan excluding overtime, and bonus divided by 52; but
13    if  the  injured employee lost 5 or more calendar days during
14    such period, whether or  not  in  the  same  week,  then  the
15    earnings  for the remainder of such 52 weeks shall be divided
16    by the number of weeks and parts thereof remaining after  the
17    time  so  lost has been deducted.  Where the employment prior
18    to the injury extended over a period of less than  52  weeks,
19    the method of dividing the earnings during that period by the
20    number  of  weeks and parts thereof during which the employee
21    actually earned wages shall be followed.  Where by reason  of
22    the  shortness of the time during which the employee has been
23    in the employment of his employer or of the casual nature  or
24    terms  of  the  employment,  it is impractical to compute the
25    average weekly wages as above defined, regard shall be had to
26    the average weekly amount which during the 52 weeks  previous
27    to the injury, illness or disablement was being or would have
28    been  earned  by  a  person in the same grade employed at the
29    same work for each of such 52 weeks for the  same  number  of
30    hours  per  week  by  the  same  employer.   In  the  case of
31    volunteer  firemen,  police  and  civil  defense  members  or
32    trainees, the income benefits shall be based on  the  average
33    weekly  wage in their regular employment.  Where the employee
34    is paid on an hourly basis, the average weekly wage shall not
                            -77-               LRB9002213DJcd
 1    be less than 40 times the hourly rate. When the  employee  is
 2    working  concurrently  with  two  or  more  employers and the
 3    respondent employer has knowledge of such employment prior to
 4    the injury, his  wages  from  all  such  employers  shall  be
 5    considered   as  if  earned  from  the  employer  liable  for
 6    compensation.
 7    (Source: P.A. 81-1482.)
 8        (820 ILCS 305/16) (from Ch. 48, par. 138.16)
 9        Sec.  16.   The  Commission  shall   make   and   publish
10    procedural  rules  and  orders  for  carrying  out the duties
11    imposed upon it by law and  for  determining  the  extent  of
12    disability  sustained, which rules and orders shall be deemed
13    prima facie reasonable and valid.
14        The process and procedure before the Commission shall  be
15    as simple and summary as reasonably may be.
16        The Commission upon application of either party may issue
17    dedimus potestatem directed to a commissioner, notary public,
18    justice  of  the peace or any other officer authorized by law
19    to administer oaths, to take the depositions of such  witness
20    or  witnesses  as  may  be  necessary in the judgment of such
21    applicant.  Such dedimus potestatem may issue to any  of  the
22    officers  aforesaid  in  any state or territory of the United
23    States.  When the deposition of any  witness  resident  of  a
24    foreign  country is desired to be taken, the dedimus shall be
25    directed to and the deposition taken before  a  consul,  vice
26    consul  or  other authorized representative of the government
27    of the United States of America,  whose  station  is  in  the
28    country  where  the  witness  whose deposition is to be taken
29    resides.  In countries where the  government  of  the  United
30    States has no consul or other diplomatic representative, then
31    depositions   in   such  case  shall  be  taken  through  the
32    appropriate judicial authority  of  that  country;  or  where
33    treaties  provide  for  other  methods of taking depositions,
                            -78-               LRB9002213DJcd
 1    then the same may be taken as in such treaties provided.  The
 2    Commission  shall  have the power to adopt necessary rules to
 3    govern the issue of such dedimus potestatem.
 4        The Commission, or any member thereof, or any  Arbitrator
 5    designated   by  the  Commission  shall  have  the  power  to
 6    administer oaths, subpoena and examine  witnesses;  to  issue
 7    subpoenas  duces  tecum,  requiring  the  production  of such
 8    books, papers, records and documents as may  be  evidence  of
 9    any  matter under inquiry and to examine and inspect the same
10    and such places or premises as may relate to the question  in
11    dispute.  The  Commission,  or  any  member  thereof,  or any
12    Arbitrator designated by the  Commission,  shall  on  written
13    request  of  either party to the dispute, issue subpoenas for
14    the attendance of  such  witnesses  and  production  of  such
15    books,  papers,  records and documents as shall be designated
16    in the  applications,  and  the  parties  applying  for  such
17    subpoena  shall advance the officer and witness fees provided
18    for in civil actions pending in circuit courts of this State,
19    except as otherwise provided  by  Section  20  of  this  Act.
20    Service  of  such  subpoena  shall  be made by any sheriff or
21    other person.  In case any person refuses to comply  with  an
22    order  of  the Commission or subpoenas issued by it or by any
23    member  thereof,  or  any  Arbitrator   designated   by   the
24    Commission  or to permit an inspection of places or premises,
25    or to produce any books, papers, records or documents, or any
26    witness refuses to testify to any matters regarding which  he
27    or she may be lawfully interrogated, the Circuit Court of the
28    county  in  which  the  hearing  or  matter  is  pending,  on
29    application of any member of the Commission or any Arbitrator
30    designated  by  the  Commission,  shall  compel  obedience by
31    attachment proceedings, as for contempt,  as  in  a  case  of
32    disobedience  of  the  requirements  of  a subpoena from such
33    court on a refusal to testify therein.
34        The records kept by a hospital, certified to as true  and
                            -79-               LRB9002213DJcd
 1    correct  by  the  superintendent  or other officer in charge,
 2    showing the medical and surgical treatment given  an  injured
 3    employee  in  such  hospital, shall be admissible without any
 4    further proof as evidence of the medical and surgical matters
 5    stated therein, but shall not be  conclusive  proof  of  such
 6    matters.
 7        The  Commission  at its expense shall provide an official
 8    court  reporter  to  take  the  testimony   and   record   of
 9    proceedings  at  the  hearings  before  an  Arbitrator or the
10    Commission, who shall furnish a transcript of such  testimony
11    or  proceedings  to  either party requesting it, upon payment
12    therefor at the rate of $1.00 per page for the  original  and
13    35  cents per page for each copy of such transcript.  Payment
14    for photostatic copies of exhibits shall be extra.    If  the
15    Commission  has determined, as provided in Section 20 of this
16    Act, that the employee is a poor person, a transcript of such
17    testimony and proceedings, including  photostatic  copies  of
18    exhibits,   shall  be  furnished  to  such  employee  at  the
19    Commission's expense.
20        The Commission shall have  the  power  to  determine  the
21    reasonableness  and fix the amount of any fee of compensation
22    charged  by  any  person,  including  attorneys,  physicians,
23    surgeons  and  hospitals,  for  any  service   performed   in
24    connection  with this Act, or for which payment is to be made
25    under this Act or rendered in securing any right  under  this
26    Act.
27        Whenever the Commission shall find that the employer, his
28    or  her  agent, service company or insurance carrier has been
29    guilty of delay or unfairness  towards  an  employee  in  the
30    adjustment,  settlement  or  payment  of  benefits  due  such
31    employee  within  the  purview of the provisions of paragraph
32    (c) of  Section  4  of  this  Act;  or  has  been  guilty  of
33    unreasonable or vexatious delay, intentional under-payment of
34    compensation  benefits,  or has engaged in frivolous defenses
                            -80-               LRB9002213DJcd
 1    which do not present a real controversy, within  the  purview
 2    of the provisions of paragraph (k) of Section 19 of this Act,
 3    the  Commission  may assess all or any part of the attorney's
 4    fees and costs against such employer and his or her insurance
 5    carrier.
 6    (Source: P.A. 86-998.)
 7        (820 ILCS 305/16b new)
 8        Sec. 16b.  Fees of health care providers.  A health  care
 9    provider  shall not charge a fee for treatment and care which
10    is governed by the provisions of this  Act  that  is  greater
11    than  the  usual  and customary fee the provider receives for
12    the  same  treatment  or  service  when  the  payor  for  the
13    treatment or service is a health maintenance organization,  a
14    preferred   provider   organization,   or  a  private  health
15    insurance carrier.  The charge shall be  the  lesser  of  the
16    amounts    charged   to   either   the   health   maintenance
17    organization, the preferred  provider  organization,  or  the
18    private  health  insurance carrier.  At the request of either
19    the employee, employer, or insurer, the health care  provider
20    shall  provide an affidavit of his or her customary and usual
21    charges billed to health maintenance organizations, preferred
22    provider  organizations,   and   private   health   insurance
23    carriers.
24        (820 ILCS 305/16c new)
25        Sec.  16c.  Resolution  of  disputes  by Commission.  The
26    Commission shall,  no  later  than  180  days  following  the
27    effective  date  of  this  amendatory  Act  of 1995, by rule,
28    establish methods to resolve disputes between  employers  and
29    health   care  providers  concerning  the  reasonableness  of
30    medical charges (regardless of whether a fee has  been  paid)
31    or  services.  The employee shall not be a party to a dispute
32    over medical charges, nor shall the  employee's  recovery  in
                            -81-               LRB9002213DJcd
 1    any  way  be  jeopardized  because  of  a  dispute.  However,
 2    nothing in this  Section  shall  be  construed  to  limit  an
 3    employee's  right to seek reimbursement, payment, or approval
 4    of a medical provider's bill, at arbitration  or  before  the
 5    Industrial  Commission, pursuant to subsection (a) of Section
 6    8 of the Workers' Compensation Act.
 7        (820 ILCS 305/16d new)
 8        Sec.  16d.   Disclosure  of  financial   interest.    Any
 9    physician  or  other health care provider who orders, directs
10    or renders treatment, testing, therapy or rehabilitation to a
11    patient at any institution or facility shall, at or prior  to
12    the  time of the referral, disclose in writing if such health
13    care provider, or any of his partners or his employer  has  a
14    financial  interest  in  the institution or facility to which
15    the patient is being referred.  This disclosure shall be made
16    to  the  patient,  the  patient's  employer,   the   workers'
17    compensation  insurer  of  such  employer,  and  the workers'
18    compensation   adjusting   company   for   the   insurer   or
19    self-insured employer.  Violation of this Section is a  Class
20    A misdemeanor.
21        (820 ILCS 305/16e new)
22        Sec.  16e.  Prohibited practices.  No hospital, physician
23    or other health  care  provider  shall  bill  or  attempt  to
24    collect  from  the employee, or his or her assignees, any fee
25    for services rendered to an employee due to an  alleged  work
26    related  injury  or report to any credit reporting agency any
27    failure of the employee to make  any  such  payment,  if  the
28    hospital,  physician  or  health care provider has received a
29    notice stating that the injury to the  employee  was  a  work
30    related  injury  covered under this Act.  The notice shall be
31    actual notice given by the  employee,  the  employer  or  the
32    employer's  insurer to the hospital, physician or health care
                            -82-               LRB9002213DJcd
 1    provider verbally or in writing signed by the  employee,  the
 2    employer,  or  the  employer's  insurer.  The notice shall be
 3    deemed received by the hospital,  physician  or  health  care
 4    provider  5  days  after  mailing  by  certified  mail by the
 5    employee, employer, or insurer to the hospital, physician, or
 6    health care provider.  If a hospital,  physician,  or  health
 7    care  provider  or  debt  collector  on behalf of a hospital,
 8    physician, or health care  provider  pursues  any  action  to
 9    collect from an employee after such notice is properly given,
10    the  employee  shall  have  a  cause  of  action  against the
11    hospital, physician,  or  health  care  provider  for  actual
12    damages  sustained  plus  $1,000  in  additional damages, and
13    costs and reasonable attorney fees.
14        (820 ILCS 305/16f new)
15        Sec. 16f.  Medical records;  testimony.   Any  physician,
16    surgeon, hospital, or other health care provider who performs
17    any  services  in  connection with this Act shall provide the
18    patient, his employer, and the insurer with copies of medical
19    records and reports at a reasonable fee.  The fee for medical
20    records shall not  exceed  a  cost  of  $5  per  request  for
21    administrative  cost  and  10  cents per copy for the cost of
22    duplication.   The  fees  charged  for  medical  reports  and
23    testimony shall not exceed the usual and customary amount for
24    such service.  Upon request of the employer, the employee, or
25    the beneficiary affected, the arbitrator  or  the  Commission
26    shall determine the fee to be authorized.
27        Any  physician,  surgeon, hospital employee, or any other
28    health care provider  who  is  required  to  testify  at  the
29    request  of  the patient, his or her employer, or the insurer
30    shall charge a  reasonable  fee  for  the  time  required  to
31    testify.   The  charge may not exceed $200 per hour.  Amounts
32    over the first hour shall be billed in 10  minute  increments
33    not to exceed $34.
                            -83-               LRB9002213DJcd
 1        (820 ILCS 305/19) (from Ch. 48, par. 138.19)
 2        Sec.  19.  Any disputed questions of law or fact shall be
 3    determined as herein provided.
 4        (a)  It  shall  be  the  duty  of  the  Commission   upon
 5    notification  that  the  parties  have  failed  to  reach  an
 6    agreement, to designate an Arbitrator.
 7             1.   Whenever  any  claimant misconceives his remedy
 8        and files an application for adjustment  of  claim  under
 9        this  Act  and it is subsequently discovered, at any time
10        before final disposition of such cause,  that  the  claim
11        for  disability  or  death  which  was the basis for such
12        application should properly  have  been  made  under  the
13        Workers'  Occupational  Diseases Act, then the provisions
14        of  Section  19,  paragraph   (a-1)   of   the   Workers'
15        Occupational   Diseases  Act  having  reference  to  such
16        application shall apply.
17             2.  Whenever any claimant  misconceives  his  remedy
18        and  files  an  application for adjustment of claim under
19        the  Workers'  Occupational  Diseases  Act  and   it   is
20        subsequently   discovered,   at  any  time  before  final
21        disposition of such cause that the claim  for  injury  or
22        death  which  was  the  basis for such application should
23        properly  have  been  made  under  this  Act,  then   the
24        application  so  filed  under  the  Workers' Occupational
25        Diseases Act may be amended in form, substance or both to
26        assert claim for such disability or death under this  Act
27        and  it  shall be deemed to have been so filed as amended
28        on the date of the  original  filing  thereof,  and  such
29        compensation  may be awarded as is warranted by the whole
30        evidence pursuant to this Act.  When  such  amendment  is
31        submitted, further or additional evidence may be heard by
32        the  Arbitrator  or  Commission  when  deemed  necessary.
33        Nothing  in  this Section contained shall be construed to
34        be or permit a waiver of any provisions of this Act  with
                            -84-               LRB9002213DJcd
 1        reference  to  notice but notice if given shall be deemed
 2        to be a notice under the provisions of this Act if  given
 3        within the time required herein.
 4        (b)  The   Arbitrator   shall  make  such  inquiries  and
 5    investigations as he or they shall  deem  necessary  and  may
 6    examine  and  inspect  all books, papers, records, places, or
 7    premises relating to the questions in dispute and  hear  such
 8    proper evidence as the parties may submit.
 9        The  hearings  before the Arbitrator shall be held in the
10    vicinity where the injury occurred after 10 days'  notice  of
11    the  time  and place of such hearing shall have been given to
12    each of the parties or their attorneys of record.
13        The Arbitrator may find that the disabling  condition  is
14    temporary  and  has not yet reached a permanent condition and
15    may order the payment of compensation up to the date  of  the
16    hearing,  which  award shall be reviewable and enforceable in
17    the same manner as other awards, and in no instance be a  bar
18    to a further hearing and determination of a further amount of
19    temporary total compensation or of compensation for permanent
20    disability, but shall be conclusive as to all other questions
21    except the nature and extent of said disability.
22        The  decision  of  the Arbitrator shall be filed with the
23    Commission which Commission shall immediately  send  to  each
24    party  or his attorney a copy of such decision, together with
25    a notification of the time when  it  was  filed.    Beginning
26    January  1,  1981,  all decisions of the Arbitrator shall set
27    forth in writing findings of fact  and  conclusions  of  law,
28    separately  stated.  Unless a petition for review is filed by
29    either party within 30 days after the receipt by  such  party
30    of  the  copy  of  the decision and notification of time when
31    filed, and unless such party petitioning for a  review  shall
32    within  35  days  after the receipt by him of the copy of the
33    decision, file with the Commission either an agreed statement
34    of  the  facts  appearing  upon  the   hearing   before   the
                            -85-               LRB9002213DJcd
 1    Arbitrator,  or  if  such  party  shall  so  elect  a correct
 2    transcript of evidence of the proceedings at  such  hearings,
 3    then the decision shall become the decision of the Commission
 4    and in the absence of fraud shall be conclusive. The Petition
 5    for  Review  shall  contain  a  statement  of the petitioning
 6    party's  specific  exceptions  to   the   decision   of   the
 7    arbitrator.  The jurisdiction of the Commission to review the
 8    decision  of  the  arbitrator  shall  not  be  limited to the
 9    exceptions stated in the Petition for Review. The Commission,
10    or any member thereof, may grant further time  not  exceeding
11    30 days, in which to file such agreed statement or transcript
12    of  evidence.   Such  agreed  statement  of  facts or correct
13    transcript  of  evidence,  as  the  case  may  be,  shall  be
14    authenticated by the  signatures  of  the  parties  or  their
15    attorneys,  or  by  the  official  court reporter, and in the
16    event they  do  not  agree  as  to  the  correctness  of  the
17    transcript  of  evidence  it  shall  be  authenticated by the
18    signature of the Arbitrator designated by the Commission.
19        (b-1)  If the employee is not receiving medical, surgical
20    or hospital services as provided in paragraph (a) of  Section
21    8  or compensation as provided in paragraph (b) of Section 8,
22    the employee, in accordance with Commission Rules, may file a
23    petition for an emergency hearing by  an  Arbitrator  on  the
24    issue  of whether or not he is entitled to receive payment of
25    such compensation or  services  as  provided  therein.   Such
26    petition  shall  have  priority  over all other petitions and
27    shall be heard by the  Arbitrator  and  Commission  with  all
28    convenient speed.
29        Such petition shall contain the following information and
30    shall be served on the employer at least 15 days before it is
31    filed:
32             (i)  the date and approximate time of accident;
33             (ii)  the approximate location of the accident;
34             (iii)  a description of the accident;
                            -86-               LRB9002213DJcd
 1             (iv)  the  nature  of  the  injury  incurred  by the
 2        employee;
 3             (v)  the identity of the person, if known,  to  whom
 4        the  accident  was  reported and the date on which it was
 5        reported;
 6             (vi)  the name and title of the  person,  if  known,
 7        representing   the   employer   with  whom  the  employee
 8        conferred in any effort to obtain  compensation  pursuant
 9        to  paragraph  (b)  of  Section 8 of this Act or medical,
10        surgical or hospital services pursuant to  paragraph  (a)
11        of Section 8 of this Act and the date of such conference;
12             (vii)  a  statement that the employer has refused to
13        pay compensation pursuant to paragraph (b) of  Section  8
14        of this Act or for medical, surgical or hospital services
15        pursuant to paragraph (a) of Section 8 of this Act;
16             (viii)  the  name  and  address,  if  known, of each
17        witness to the accident and of  each  other  person  upon
18        whom the employee will rely to support his allegations;
19             (ix)  the dates of treatment related to the accident
20        by  medical practitioners, and the names and addresses of
21        such practitioners,  including  the  dates  of  treatment
22        related  to  the  accident at any hospitals and the names
23        and  addresses  of   such   hospitals,   and   a   signed
24        authorization  permitting  the  employer  to  examine all
25        medical records of all practitioners and hospitals  named
26        pursuant to this paragraph;
27             (x)  a   copy  of  a  signed  report  by  a  medical
28        practitioner,  relating   to   the   employee's   current
29        inability  to  return  to  work  because  of the injuries
30        incurred as a  result  of  the  accident  or  such  other
31        documents  or  affidavits which show that the employee is
32        entitled to receive compensation  pursuant  to  paragraph
33        (b)  of  Section  8  of  this Act or medical, surgical or
34        hospital services pursuant to paragraph (a) of Section  8
                            -87-               LRB9002213DJcd
 1        of this Act.  Such reports, documents or affidavits shall
 2        state,  if possible, the history of the accident given by
 3        the  employee,  and  describe  the  injury  and   medical
 4        diagnosis, the medical services for such injury which the
 5        employee  has  received  and  is  receiving, the physical
 6        activities which the employee cannot currently perform as
 7        a result of any impairment  or  disability  due  to  such
 8        injury, and the prognosis for recovery;
 9             (xi)  complete   copies  of  any  reports,  records,
10        documents  and  affidavits  in  the  possession  of   the
11        employee  on  which the employee will rely to support his
12        allegations, provided that the  employer  shall  pay  the
13        reasonable cost of reproduction thereof;
14             (xii)  a list of any reports, records, documents and
15        affidavits  which  the  employee has demanded by subpoena
16        and  on  which  he  intends  to  rely  to   support   his
17        allegations;
18             (xiii)  a  certification  signed  by the employee or
19        his representative that the  employer  has  received  the
20        petition  with  the  required  information 15 days before
21        filing.
22        Fifteen  days  after  receipt  by  the  employer  of  the
23    petition with the required information the employee may  file
24    said petition and required information and shall serve notice
25    of  the  filing  upon  the employer.  The employer may file a
26    motion addressed to the sufficiency of the  petition.  If  an
27    objection  has been filed to the sufficiency of the petition,
28    the arbitrator shall rule on the objection within  2  working
29    days.  If such an objection is filed, the time for filing the
30    final   decision  of  the  Commission  as  provided  in  this
31    paragraph shall be tolled until the arbitrator has determined
32    that the petition is sufficient.
33        The employer shall, within 15 days after receipt  of  the
34    notice  that such petition is filed, file with the Commission
                            -88-               LRB9002213DJcd
 1    and serve on the employee or  his  representative  a  written
 2    response  to  each claim set forth in the petition, including
 3    the legal and factual basis for each disputed allegation  and
 4    the   following  information:  (i)  complete  copies  of  any
 5    reports, records, documents and affidavits in the  possession
 6    of  the  employer  on  which  the employer intends to rely in
 7    support of his response, (ii) a list of any reports, records,
 8    documents and affidavits which the employer has  demanded  by
 9    subpoena and on which the employer intends to rely in support
10    of  his  response, (iii) the name and address of each witness
11    on whom the employer will rely to support his  response,  and
12    (iv)  the  names  and  addresses of any medical practitioners
13    selected by the employer pursuant to Section 12 of  this  Act
14    and  the  time  and  place of any examination scheduled to be
15    made pursuant to such Section.
16        Any employer who does not timely file and serve a written
17    response without good cause may not introduce any evidence to
18    dispute any claim of the employee but may cross  examine  the
19    employee or any witness brought by the employee and otherwise
20    be heard.
21        No  document  or other evidence not previously identified
22    by either party with the petition or written response, or  by
23    any  other  means  before the hearing, may be introduced into
24    evidence without good cause. If,  at  the  hearing,  material
25    information is discovered which was not previously disclosed,
26    the  Arbitrator  may extend the time for closing proof on the
27    motion of a party for a reasonable period of time  which  may
28    be  more than 30 days. No evidence may be introduced pursuant
29    to this paragraph as to permanent disability.  No  award  may
30    be   entered   for  permanent  disability  pursuant  to  this
31    paragraph.  Either party  may  introduce  into  evidence  the
32    testimony taken by deposition of any medical practitioner.
33        The   Commission   shall  adopt  rules,  regulations  and
34    procedures whereby the final decision of  the  Commission  is
                            -89-               LRB9002213DJcd
 1    filed  not  later than 90 days from the date the petition for
 2    review is filed but in no event later than 180 days from  the
 3    date  the petition for an emergency hearing is filed with the
 4    Industrial Commission.
 5        All service required pursuant  to  this  paragraph  (b-1)
 6    must  be  by  personal  service or by certified mail and with
 7    evidence of receipt.  In addition for the  purposes  of  this
 8    paragraph,  all  service  on  the  employer  must  be  at the
 9    premises where the accident  occurred  if  the  premises  are
10    owned or operated by the employer.  Otherwise service must be
11    at  the  employee's  principal  place  of  employment  by the
12    employer. If service on  the  employer  is  not  possible  at
13    either  of the above, then service shall be at the employer's
14    principal place of business. After initial  service  in  each
15    case,  service  shall  be  made on the employer's attorney or
16    designated representative.
17        (c) (1)  At a  reasonable  time  in  advance  of  and  in
18    connection with the hearing under Section 19(e) or 19(h), the
19    Commission  may on its own motion order an impartial physical
20    or  mental  examination  of  a  petitioner  whose  mental  or
21    physical condition is in  issue,  when  in  the  Commission's
22    discretion   it   appears   that  such  an  examination  will
23    materially aid in the just determination  of  the  case.  The
24    examination  shall  be made by a member or members of a panel
25    of physicians chosen for their special qualifications by  the
26    Illinois   State   Medical   Society.  The  Commission  shall
27    establish procedures by which a physician shall  be  selected
28    from such list.
29        (2)  Should the Commission at any time during the hearing
30    find that compelling considerations make it advisable to have
31    an examination and report at that time, the commission may in
32    its discretion so order.
33        (3)  A  copy  of the report of examination shall be given
34    to the Commission and to the attorneys for the parties.
                            -90-               LRB9002213DJcd
 1        (4)  Either  party  or  the  Commission  may   call   the
 2    examining  physician  or physicians to testify. Any physician
 3    so called shall be subject to cross-examination.
 4        (5)  The examination shall be made, and the physician  or
 5    physicians,  if  called,  shall  testify, without cost to the
 6    parties. The Commission shall determine the compensation  and
 7    the  pay of the physician or physicians. The compensation for
 8    this service shall not exceed the usual and customary  amount
 9    for such service.
10        (6)  The  fees  and  payment thereof of all attorneys and
11    physicians for services authorized by  the  Commission  under
12    this  Act  shall,  upon request of either the employer or the
13    employee or the  beneficiary  affected,  be  subject  to  the
14    review and decision of the Commission.
15        (d)  If  any  employee  shall  persist  in  insanitary or
16    injurious practices which tend to either  imperil  or  retard
17    his  recovery  or  shall  refuse  to  submit to such medical,
18    surgical, or hospital treatment as is reasonably essential to
19    promote his recovery, the Commission may, in its  discretion,
20    reduce  or  suspend  the  compensation  of  any  such injured
21    employee.  However, when an employer and employee so agree in
22    writing, the foregoing provision shall not  be  construed  to
23    authorize  the  reduction or suspension of compensation of an
24    employee who is relying in good faith, on treatment by prayer
25    or spiritual means alone, in accordance with the  tenets  and
26    practice of a recognized church or religious denomination, by
27    a duly accredited practitioner thereof.
28        (e)  This  paragraph  shall  apply to all hearings before
29    the Commission.  Such hearings may be held in its  office  or
30    elsewhere  as  the Commission may deem advisable.  The taking
31    of testimony on such hearings may be had before any member of
32    the Commission. If a petition for review and agreed statement
33    of facts or transcript of  evidence  is  filed,  as  provided
34    herein,  the Commission shall promptly review the decision of
                            -91-               LRB9002213DJcd
 1    the Arbitrator and all questions of law or fact which  appear
 2    from the statement of facts or transcript of evidence.
 3        In  all  cases in which the hearing before the arbitrator
 4    is held after December 18, 1989, no additional evidence shall
 5    be introduced by the parties before the Commission on  review
 6    of the decision of the Arbitrator.  In reviewing decisions of
 7    an  arbitrator  the  Commission  shall  award  such temporary
 8    compensation, permanent compensation and  other  payments  as
 9    are  due  under  this  Act.  The Commission shall file in its
10    office its decision thereon, and shall  immediately  send  to
11    each  party  or  his  attorney  a copy of such decision and a
12    notification of the time when it was filed.  Decisions  shall
13    be filed within 60 days after the Statement of Exceptions and
14    Supporting  Brief  and  Response  thereto  are required to be
15    filed or oral argument whichever is later.
16        In the event either party requests  oral  argument,  such
17    argument  shall  be  had  before  a panel of 3 members of the
18    Commission (or before all available members pursuant  to  the
19    determination  of  5  members  of  the  Commission  that such
20    argument  be  held  before  all  available  members  of   the
21    Commission)  pursuant  to  the  rules  and regulations of the
22    Commission.  A panel of 3 members, which shall  be  comprised
23    of  not more than one representative citizen of the employing
24    class and not more than one  representative  citizen  of  the
25    employee class, shall hear the argument; provided that if all
26    the issues in dispute are solely the nature and extent of the
27    permanent partial disability, if any, a majority of the panel
28    may  deny  the  request  for  such argument and such argument
29    shall not be held; and provided further that 5 members of the
30    Commission may determine that the argument be held before all
31    available members of  the  Commission.   A  decision  of  the
32    Commission  shall  be approved by a majority of Commissioners
33    present at such hearing if any; provided, if no such  hearing
34    is  held, a decision of the Commission shall be approved by a
                            -92-               LRB9002213DJcd
 1    majority of a  panel  of  3  members  of  the  Commission  as
 2    described  in  this  Section.   The  Commission shall give 10
 3    days' notice to the parties or their attorneys  of  the  time
 4    and place of such taking of testimony and of such argument.
 5        In  any  case  the  Commission  in  its decision may find
 6    specially upon any question or questions of law or fact which
 7    shall  be  submitted  in  writing  by  either  party  whether
 8    ultimate or otherwise; provided that  on  issues  other  than
 9    nature  and  extent of the disability, if any, the Commission
10    in its decision shall find specially  upon  any  question  or
11    questions  of  law  or  fact,  whether ultimate or otherwise,
12    which are submitted in  writing  by  either  party;  provided
13    further  that not more than 5 such questions may be submitted
14    by either party.  Any party may, within 20 days after receipt
15    of notice  of  the  Commission's  decision,  or  within  such
16    further  time,  not  exceeding 30 days, as the Commission may
17    grant, file with the Commission either an agreed statement of
18    the facts appearing upon the hearing, or, if such party shall
19    so elect, a correct transcript of evidence of the  additional
20    proceedings  presented before the Commission, in which report
21    the party may  embody  a  correct  statement  of  such  other
22    proceedings  in  the  case  as  such party may desire to have
23    reviewed, such statement of facts or transcript  of  evidence
24    to  be authenticated by the signature of the parties or their
25    attorneys, and in the event that they do not agree, then  the
26    authentication of such transcript of evidence shall be by the
27    signature of any member of the Commission.
28        If   a  reporter  does  not  for  any  reason  furnish  a
29    transcript of the proceedings before the  Arbitrator  in  any
30    case  for  use on a hearing for review before the Commission,
31    within the limitations of time as fixed in this Section,  the
32    Commission  may,  in  its  discretion,  order a trial de novo
33    before the Commission in such case upon application of either
34    party.  The applications for adjustment of  claim  and  other
                            -93-               LRB9002213DJcd
 1    documents  in  the nature of pleadings filed by either party,
 2    together with the decisions of  the  Arbitrator  and  of  the
 3    Commission  and  the  statement  of  facts  or  transcript of
 4    evidence hereinbefore provided for in paragraphs (b) and  (c)
 5    shall be the record of the proceedings of the Commission, and
 6    shall be subject to review as hereinafter provided.
 7        At  the request of either party or on its own motion, the
 8    Commission shall set forth in writing  the  reasons  for  the
 9    decision,  including  findings of fact and conclusions of law
10    separately stated. The  Commission  shall  by  rule  adopt  a
11    format   for   written   decisions  for  the  Commission  and
12    arbitrators. The written decisions shall be concise and shall
13    succinctly state the facts and reasons for the decision.  The
14    Commission may adopt in whole or in part, the decision of the
15    arbitrator  as  the  decision  of  the  Commission.  When the
16    Commission does so adopt the decision of the  arbitrator,  it
17    shall  do so by order. Whenever the Commission adopts part of
18    the arbitrator's decision, but not all, it shall  include  in
19    the   order   the   reasons  for  not  adopting  all  of  the
20    arbitrator's decision. When a  majority  of  a  panel,  after
21    deliberation, has arrived at its decision, the decision shall
22    be  filed  as  provided  in  this Section without unnecessary
23    delay, and without regard to the fact that a  member  of  the
24    panel  has  expressed  an intention to dissent. Any member of
25    the panel may file a dissent.  Any dissent shall be filed  no
26    later  than  10  days  after the decision of the majority has
27    been filed.
28        Decisions rendered by the  Commission  and  dissents,  if
29    any,  shall  be  published  together  by  the Commission. The
30    conclusions of  law  set  out  in  such  decisions  shall  be
31    regarded  as  precedents  by  arbitrators  for the purpose of
32    achieving a more uniform administration of this Act.
33        (f)  The decision of the  Commission  acting  within  its
34    powers,  according to the provisions of paragraph (e) of this
                            -94-               LRB9002213DJcd
 1    Section shall, in the absence of fraud, be conclusive  unless
 2    reviewed as in this paragraph hereinafter provided.  However,
 3    the  Arbitrator  or  the  Commission  may  on  his or its own
 4    motion, or  on  the  motion  of  either  party,  correct  any
 5    clerical  error or errors in computation within 15 days after
 6    the date of receipt of any award by such  Arbitrator  or  any
 7    decision on review of the Commission and shall have the power
 8    to  recall  the  original award on arbitration or decision on
 9    review, and issue in lieu thereof  such  corrected  award  or
10    decision.   Where such correction is made the time for review
11    herein specified shall begin to run  from  the  date  of  the
12    receipt of the corrected award or decision.
13             (1)  Except  in cases of claims against the State of
14        Illinois, in which case the decision  of  the  Commission
15        shall  not  be  subject  to  judicial review, the Circuit
16        Court of the county where any of  the  parties  defendant
17        may  be found, or if none of the parties defendant can be
18        found in this State then the Circuit Court of the  county
19        where  the  accident  occurred,  shall  by summons to the
20        Commission have power to review all questions of law  and
21        fact presented by such record.
22             A proceeding for review shall be commenced within 20
23        days  of  the  receipt  of  notice of the decision of the
24        Commission.  The summons shall be issued by the clerk  of
25        such   court   upon   written  request  returnable  on  a
26        designated return day, not less than 10 or more  than  60
27        days  from  the date of issuance thereof, and the written
28        request shall contain the last  known  address  of  other
29        parties in interest and their attorneys of record who are
30        to  be  served by summons. Service upon any member of the
31        Commission or the Secretary or  the  Assistant  Secretary
32        thereof shall be service upon the Commission, and service
33        upon  other  parties  in  interest and their attorneys of
34        record shall be by summons, and  such  service  shall  be
                            -95-               LRB9002213DJcd
 1        made upon the Commission and other parties in interest by
 2        mailing  notices  of  the commencement of the proceedings
 3        and the return day of the summons to the  office  of  the
 4        Commission  and  to  the last known place of residence of
 5        other parties in interest or their attorney or  attorneys
 6        of  record.   The  clerk of the court issuing the summons
 7        shall on the day of issue mail notice of the commencement
 8        of the proceedings which shall be done by mailing a  copy
 9        of  the  summons  to  the office of the Commission, and a
10        copy of the summons to the other parties in  interest  or
11        their  attorney  or  attorneys of record and the clerk of
12        the court shall make certificate that he has so sent said
13        notices in pursuance of  this  Section,  which  shall  be
14        evidence  of  service on the Commission and other parties
15        in interest.
16             The Commission shall not be required to certify  the
17        record  of their proceedings to the Circuit Court, unless
18        the party commencing the proceedings for  review  in  the
19        Circuit  Court  as  above  provided,  shall  pay  to  the
20        Commission  the  sum  of  80¢ per page of testimony taken
21        before the Commission, and 35¢  per  page  of  all  other
22        matters  contained  in  such  record, except as otherwise
23        provided  by  Section  20  of  this  Act.   Payment   for
24        photostatic  copies  of exhibit shall be extra.  It shall
25        be the duty of  the  Commission  upon  such  payment,  or
26        failure to pay as permitted under Section 20 of this Act,
27        to  prepare  a  true and correct typewritten copy of such
28        testimony and a  true  and  correct  copy  of  all  other
29        matters  contained in such record and certified to by the
30        Secretary or Assistant Secretary thereof.
31             In its  decision  on  review  the  Commission  shall
32        determine  in  each  particular  case  the  amount of the
33        probable cost of the record to be filed as a part of  the
34        summons  in that case and no request for a summons may be
                            -96-               LRB9002213DJcd
 1        filed and no summons shall issue unless the party seeking
 2        to review the decision of the Commission shall exhibit to
 3        the clerk of the Circuit Court proof of payment by filing
 4        a receipt showing payment or an affidavit of the attorney
 5        setting forth that payment has been made of the  sums  so
 6        determined to the Secretary or Assistant Secretary of the
 7        Commission, except as otherwise provided by Section 20 of
 8        this Act.
 9             (2)  No  such  summons  shall  issue  unless the one
10        against whom the Commission shall have rendered an  award
11        for  the  payment  of  money shall upon the filing of his
12        written request for such summons file with the  clerk  of
13        the  court  a  bond  conditioned  that  if  he  shall not
14        successfully prosecute the review, he will pay the  award
15        and  the  costs  of  the  proceedings  in the courts. The
16        amount of the bond shall be fixed by any  member  of  the
17        Commission  and  the surety or sureties of the bond shall
18        be approved by the clerk of the court.  The acceptance of
19        the bond by the  clerk  of  the  court  shall  constitute
20        evidence of his approval of the bond.
21             Every  county,  city,  town,  township, incorporated
22        village,  school  district,  body  politic  or  municipal
23        corporation  against  whom  the  Commission  shall   have
24        rendered  an  award for the payment of money shall not be
25        required to file a bond to  secure  the  payment  of  the
26        award  and  the  costs of the proceedings in the court to
27        authorize the court to issue such summons.
28             The court may confirm or set aside the  decision  of
29        the  Commission.  If  the  decision  is set aside and the
30        facts found in the proceedings before the Commission  are
31        sufficient,  the  court  may  enter  such  decision as is
32        justified  by  law,  or  may  remand  the  cause  to  the
33        Commission for further  proceedings  and  may  state  the
34        questions  requiring further hearing, and give such other
                            -97-               LRB9002213DJcd
 1        instructions as may be proper.  Appeals shall be taken to
 2        the Industrial Commission Division of the Appellate Court
 3        in accordance with Supreme Court  Rules  22(g)  and  303.
 4        Appeals  shall  be  taken  from the Industrial Commission
 5        Division of the Appellate Court to the Supreme  Court  in
 6        accordance with Supreme Court Rule 315.
 7             It  shall  be  the  duty  of  the clerk of any court
 8        rendering a decision affecting or affirming an  award  of
 9        the  Commission to promptly furnish the Commission with a
10        copy of such decision, without charge.
11             The decision of a majority of  the  members  of  the
12        panel of the Commission, shall be considered the decision
13        of the Commission.
14        (g)  Except  in  the case of a claim against the State of
15    Illinois, either party may present a certified  copy  of  the
16    award  of the Arbitrator, or a certified copy of the decision
17    of the Commission when the same has  become  final,  when  no
18    proceedings for review are pending, providing for the payment
19    of  compensation  according to this Act, to the Circuit Court
20    of the county in which such accident occurred  or  either  of
21    the  parties are residents, whereupon the court shall enter a
22    judgment in  accordance  therewith.   In  a  case  where  the
23    employer  refuses to pay compensation according to such final
24    award or such final decision  upon  which  such  judgment  is
25    entered  the court shall in entering judgment thereon, tax as
26    costs against him the reasonable costs and attorney  fees  in
27    the  arbitration  proceedings  and  in the court entering the
28    judgment for the  person  in  whose  favor  the  judgment  is
29    entered,  which  judgment and costs taxed as therein provided
30    shall, until and unless set aside, have the  same  effect  as
31    though duly entered in an action duly tried and determined by
32    the  court,  and  shall  with  like  effect,  be  entered and
33    docketed.  The Circuit Court shall have  power  at  any  time
34    upon  application  to  make  any such judgment conform to any
                            -98-               LRB9002213DJcd
 1    modification required  by  any  subsequent  decision  of  the
 2    Supreme Court upon appeal, or as the result of any subsequent
 3    proceedings for review, as provided in this Act.
 4        Judgment  shall  not  be entered until 15 days' notice of
 5    the time and place  of  the  application  for  the  entry  of
 6    judgment  shall  be  served  upon the employer by filing such
 7    notice with the Commission, which Commission shall,  in  case
 8    it  has  on  file the address of the employer or the name and
 9    address of  its  agent  upon  whom  notices  may  be  served,
10    immediately send a copy of the notice to the employer or such
11    designated agent.
12        (h)  An  agreement  or award under this Act providing for
13    compensation in installments,  may  at  any  time  within  18
14    months  after  such  agreement  or  award  be reviewed by the
15    Commission at the request  of  either  the  employer  or  the
16    employee,  on  the ground that the disability of the employee
17    has subsequently recurred, increased, diminished or ended.
18        However, as to accidents occurring subsequent to July  1,
19    1955,  which are covered by any agreement or award under this
20    Act providing for compensation  in  installments  made  as  a
21    result  of  such accident, such agreement or award may at any
22    time within 30  months  after  such  agreement  or  award  be
23    reviewed  by  the  Commission  at  the  request of either the
24    employer or the employee on the ground that the disability of
25    the employee has subsequently recurred, increased, diminished
26    or ended.
27        Compensation for the purposes of  this  subsection  shall
28    include  temporary  total  disability  benefits payable under
29    subsection (b) of Section 8.  An  employee  whose  disability
30    recurs, increases, or is re-established after the issuance of
31    an  award  or decision of an Arbitrator or the Commission for
32    permanent disability benefits under Section  8  of  this  Act
33    shall  not  under  any circumstances be barred from receiving
34    temporary, total disability  compensation  benefits  for  any
                            -99-               LRB9002213DJcd
 1    periods   of   temporary  total  incapacity  for  work  under
 2    subsection (b) of Section 8 even if those periods occur after
 3    the award or decision and  even  if  the  recurrence  of  the
 4    disability does not increase the permanent disability already
 5    awarded.
 6        On    such   review,   compensation   payments   may   be
 7    re-established,  increased,   diminished   or   ended.    The
 8    Commission  shall  give 15 days' notice to the parties of the
 9    hearing for review.  Any employee, upon any petition for such
10    review being filed by the employer, shall be entitled to  one
11    day's  notice  for each 100 miles necessary to be traveled by
12    him in attending the  hearing  of  the  Commission  upon  the
13    petition,  and  3  days  in  addition thereto.  Such employee
14    shall, at the discretion of the Commission, also be  entitled
15    to  5  cents  per mile necessarily traveled by him within the
16    State of Illinois in attending such hearing, not to exceed  a
17    distance of 300 miles, to be taxed by the Commission as costs
18    and deposited with the petition of the employer.
19        When  compensation which is payable in accordance with an
20    award or settlement contract approved by the  Commission,  is
21    ordered paid in a lump sum by the Commission, no review shall
22    be had as in this paragraph mentioned.
23        (i)  Each  party,  upon  taking  any proceedings or steps
24    whatsoever before any Arbitrator, Commission or court,  shall
25    file with the Commission his address, or the name and address
26    of  any agent upon whom all notices to be given to such party
27    shall be served, either personally  or  by  registered  mail,
28    addressed to such party or agent at the last address so filed
29    with  the  Commission.  In the event such party has not filed
30    his address, or the name and address of  an  agent  as  above
31    provided,  service  of  any  notice may be had by filing such
32    notice with the Commission.
33        (j)  Whenever in any proceeding testimony has been  taken
34    or a final decision has been rendered and after the taking of
                            -100-              LRB9002213DJcd
 1    such  testimony  or after such decision has become final, the
 2    injured employee dies, then  in  any  subsequent  proceedings
 3    brought  by  the  personal representative or beneficiaries of
 4    the  deceased  employee,  such  testimony   in   the   former
 5    proceeding  may  be introduced with the same force and effect
 6    as though the witness having so  testified  were  present  in
 7    person   in   such  subsequent  proceedings  and  such  final
 8    decision, if any, shall be taken as final adjudication of any
 9    of the issues which are the same in both proceedings.
10        (j-5)  When an employer begins payment of temporary total
11    compensation and later terminates or suspends further payment
12    before an employee in fact has returned to work, the employer
13    shall provide the employee with a written explanation of  the
14    basis for the termination or suspension of further payment no
15    later  than  the  date of the last payment of temporary total
16    compensation.  Failure to comply with the provisions of  this
17    subsection  (j-5)  without  good  and  just  cause  shall  be
18    considered   by   the   Commission   or  an  Arbitrator  when
19    adjudicating a petition for additional compensation  pursuant
20    to  subsection  (k) or (l) of this Section, or a petition for
21    assessment of attorneys' fees and costs pursuant  to  Section
22    16 of this Act.
23        (k)  In  case  where  there  has been any unreasonable or
24    vexatious delay of payment  or  intentional  underpayment  of
25    compensation,  or proceedings have been instituted or carried
26    on by the one liable to pay the compensation,  which  do  not
27    present  a  real controversy, but are merely frivolous or for
28    delay, then the Commission may award compensation  additional
29    to  that otherwise payable under this Act equal to 50% of the
30    amount payable at the time of such  award.   Failure  to  pay
31    compensation  in accordance with the provisions of Section 8,
32    paragraph (b) of this Act, shall be  considered  unreasonable
33    delay.
34        (l)  In  any  case  where  the  employer or his insurance
                            -101-              LRB9002213DJcd
 1    carrier shall without good  and  just  cause  fail,  neglect,
 2    refuse  or unreasonably delay the payment of any benefits due
 3    under Section 8 of this Act weekly compensation benefits  due
 4    to  an injured employee, during the period of temporary total
 5    disability the arbitrator or the Commission  shall  allow  to
 6    the  employee  additional benefits compensation in the sum of
 7    $100 $10 per day for each day that the benefits were a weekly
 8    compensation  payment  has  been  so  withheld  or   refused,
 9    provided  that  such additional compensation shall not exceed
10    the sum of $25,000 or  50%  of  the  benefits,  whichever  is
11    greater.    In  addition,  the arbitrator or Commission shall
12    assess attorney's fees and costs against the employer and his
13    insurance carrier $2,500.  A delay in payment of 14  days  or
14    more  shall  create  a rebuttable presumption of unreasonable
15    delay.
16        (m)  If the arbitrator or the commission  finds  that  an
17    accidental  injury was directly and proximately caused by the
18    employer's wilful violation of a health and  safety  standard
19    under  either  the  Health  and  Safety  Act  or  the federal
20    Occupational Safety and Health Act of 1970 in  force  at  the
21    time  of the accident, the arbitrator or the Commission shall
22    allow to the injured employee or his dependents, as the  case
23    may  be,  additional  compensation equal to 25% of the amount
24    which otherwise would be payable under the provisions of this
25    Act exclusive of this paragraph.  The additional compensation
26    herein provided shall be allowed by an  appropriate  increase
27    in the applicable weekly compensation rate.
28        (n)  After  June  30,  1984,  decisions of the Industrial
29    Commission  reviewing  an  award  of  an  arbitrator  of  the
30    Commission shall draw interest at a rate equal to  the  yield
31    on indebtedness issued by the United States Government with a
32    26-week  maturity  next  previously  auctioned  on the day on
33    which the decision is filed.  Said rate of interest shall  be
34    set  forth  in  the Arbitrator's Decision.  Interest shall be
                            -102-              LRB9002213DJcd
 1    drawn from the date awarded payments  are  due  the  employee
 2    through  the  day  of payment on all amounts not timely paid.
 3    Interest shall be drawn from the  date  of  the  arbitrator's
 4    award  on  all  accrued compensation due the employee through
 5    the day prior to the date  of  payments.   However,  when  an
 6    employee appeals an award of an Arbitrator or the Commission,
 7    and  the  appeal  results  in  no change or a decrease in the
 8    award, interest shall not further accrue  from  the  date  of
 9    such appeal.
10        The  employer  or  his  insurance  carrier may tender the
11    payments due under the award to stop the further  accrual  of
12    interest  on  such  award  notwithstanding the prosecution by
13    either party of review, certiorari,  appeal  to  the  Supreme
14    Court or other steps to reverse, vacate or modify the award.
15        (o)  By the 15th day of each month each insurer providing
16    coverage  for losses under this Act shall notify each insured
17    employer  of  any  compensable  claim  incurred  during   the
18    preceding month and the amounts paid or reserved on the claim
19    including a summary of the claim and a brief statement of the
20    reasons  for  compensability.   A  cumulative  report  of all
21    claims incurred during a calendar year or continued from  the
22    previous  year  shall be furnished to the insured employer by
23    the insurer within 30 days after the  end  of  that  calendar
24    year.
25        The  insured employer may challenge, in proceeding before
26    the  Commission,  payments  made  by  the   insurer   without
27    arbitration  and  payments made after a case is determined to
28    be noncompensable.  If the Commission finds that the case was
29    not compensable, the insurer shall purge its  records  as  to
30    that  employer  of  any  loss  or expense associated with the
31    claim, reimburse the employer  for  attorneys'  fees  arising
32    from  the  challenge  and  for  any  payment  required of the
33    employer to the Rate Adjustment Fund  or  the  Second  Injury
34    Fund, and may not reflect the loss or expense for rate making
                            -103-              LRB9002213DJcd
 1    purposes.   The  employee shall not be required to refund the
 2    challenged payment.  The decision of the  Commission  may  be
 3    reviewed  in  the  same  manner  as  in arbitrated cases.  No
 4    challenge may be initiated under this paragraph more  than  3
 5    years  after  the payment is made.  An employer may waive the
 6    right of challenge under this paragraph on  a  case  by  case
 7    basis.
 8        (p)  After  filing an application for adjustment of claim
 9    but prior to the  hearing  on  arbitration  the  parties  may
10    voluntarily  agree  to submit such application for adjustment
11    of claim for decision by an arbitrator under this  subsection
12    (p)  where  such  application  for adjustment of claim raises
13    only a dispute over  temporary  total  disability,  permanent
14    partial disability or medical expenses.  Such agreement shall
15    be  in  writing  in  such form as provided by the Commission.
16    Applications for adjustment of claim submitted  for  decision
17    by  an  arbitrator  under  this  subsection (p) shall proceed
18    according to rule as  established  by  the  Commission.   The
19    Commission  shall promulgate rules including, but not limited
20    to, rules to ensure that the parties are adequately  informed
21    of  their  rights  under  this  subsection  (p)  and  of  the
22    voluntary  nature  of  proceedings under this subsection (p).
23    The findings of fact made by an arbitrator acting within  his
24    or  her  powers  under  this subsection (p) in the absence of
25    fraud shall be conclusive.  However, the  arbitrator  may  on
26    his  own  motion,  or the motion of either party, correct any
27    clerical errors or errors in computation within 15 days after
28    the date of receipt of such award of the arbitrator and shall
29    have the power to recall the original award  on  arbitration,
30    and  issue in lieu thereof such corrected award. The decision
31    of  the  arbitrator  under  this  subsection  (p)  shall   be
32    considered the decision of the Commission and proceedings for
33    review  of  questions of law arising from the decision may be
34    commenced by either  party  pursuant  to  subsection  (f)  of
                            -104-              LRB9002213DJcd
 1    Section  19.   The  Advisory  Board established under Section
 2    13.1  shall  compile   a   list   of   certified   Commission
 3    arbitrators,  each  of  whom  shall be approved by at least 7
 4    members of the Advisory Board.  The chairman shall  select  5
 5    persons  from  such  list  to serve as arbitrators under this
 6    subsection (p).  By agreement, the parties shall  select  one
 7    arbitrator  from among the 5 persons selected by the chairman
 8    except that if the parties do not agree on an arbitrator from
 9    among the 5 persons, the parties may, by agreement, select an
10    arbitrator of the American Arbitration Association, whose fee
11    shall  be  paid  by  the  State  in  accordance  with   rules
12    promulgated   by  the  Commission.   Arbitration  under  this
13    subsection (p) shall be voluntary.
14    (Source: P.A. 86-998; 87-435; 87-799.)
15        Section 15.  The Workers' Occupational  Diseases  Act  is
16    amended  by  changing  Sections  1, 4, 6, 7, 8, and 19 and by
17    adding Sections 4c, 16b, 16c, 16d, 16e, and 16f as follows:
18        (820 ILCS 310/1) (from Ch. 48, par. 172.36)
19        Sec. 1.  This Act shall be known and may be cited as  the
20    "Workers' Occupational Diseases Act".
21        (a)  The  term  "employer"  as  used in this Act shall be
22    construed to be:
23        1.  The State and  each  county,  city,  town,  township,
24    incorporated  village,  school  district,  body  politic,  or
25    municipal corporation therein.
26        2.   Every  person,  firm, public or private corporation,
27    including hospitals, public service, eleemosynary,  religious
28    or  charitable  corporations  or  associations,  who  has any
29    person in service or under any contract for hire, express  or
30    implied, oral or written.
31        3.   Where an employer operating under and subject to the
32    provisions of this Act loans  an  employee  to  another  such
                            -105-              LRB9002213DJcd
 1    employer  and  such  loaned  employee  sustains a compensable
 2    occupational disease in  the  employment  of  such  borrowing
 3    employer  and  where such borrowing employer does not provide
 4    or pay the benefits  or  payments  due  such  employee,  such
 5    loaning  employer  shall  be  liable  to  provide  or pay all
 6    benefits or payments due such employee under this Act and  as
 7    to  such employee the liability of such loaning and borrowing
 8    employers shall be joint  and  several,  provided  that  such
 9    loaning  employer  shall  in  the absence of agreement to the
10    contrary be entitled to receive from such borrowing  employer
11    full  reimbursement for all sums paid or incurred pursuant to
12    this paragraph together with reasonable attorneys'  fees  and
13    expenses  in any hearings before the Industrial Commission or
14    in any  action  to  secure  such  reimbursement.   Where  any
15    benefit  is  provided  or  paid by such loaning employer, the
16    employee  shall  have  the  duty  of   rendering   reasonable
17    co-operation  in  any  hearings, trials or proceedings in the
18    case, including such proceedings for reimbursement.
19        Where an employee files an Application for Adjustment  of
20    Claim with the Industrial Commission alleging that his or her
21    claim   is   covered  by  the  provisions  of  the  preceding
22    paragraph, and joining both the alleged loaning and borrowing
23    employers, they and each of them, upon written demand by  the
24    employee  and  within  7  days  after receipt of such demand,
25    shall have the duty of filing with the Industrial  Commission
26    a  written  admission  or  denial  of the allegation that the
27    claim is covered by the provisions of the preceding paragraph
28    and in default of such  filing  or  if  any  such  denial  be
29    ultimately  determined  not  to  have been bona fide then the
30    provisions of Paragraph K of Section 19  of  this  Act  shall
31    apply.
32        An employer whose business or enterprise or a substantial
33    part  thereof  consists  of  hiring,  procuring or furnishing
34    employees to or  for  other  employers  operating  under  and
                            -106-              LRB9002213DJcd
 1    subject  to the provisions of this Act for the performance of
 2    the work of such other employers and who pays such  employees
 3    their  salary or wage notwithstanding that they are doing the
 4    work of such  other  employers  shall  be  deemed  a  loaning
 5    employer within the meaning and provisions of this Section.
 6        (b)  The  term  "employee"  as used in this Act, shall be
 7    construed to mean:
 8        1.  Every person in the service  of  the  State,  county,
 9    city,   town,   township,   incorporated  village  or  school
10    district, body  politic  or  municipal  corporation  therein,
11    whether by election, appointment or contract of hire, express
12    or  implied,  oral  or written, including any official of the
13    State, or of any county, city, town,  township,  incorporated
14    village,   school   district,   body   politic  or  municipal
15    corporation therein and except any duly appointed  member  of
16    the  fire  department  in  any  city whose population exceeds
17    500,000 according to the last Federal or  State  census,  and
18    except  any member of a fire insurance patrol maintained by a
19    board of underwriters  in  this  State.  One  employed  by  a
20    contractor  who  has  contracted with the State, or a county,
21    city, town, township, incorporated village, school  district,
22    body  politic  or  municipal corporation therein, through its
23    representatives, shall not be considered as  an  employee  of
24    the   State,   county,  city,  town,  township,  incorporated
25    village,  school  district,   body   politic   or   municipal
26    corporation which made the contract.
27        2.  Every  person  in  the  service  of another under any
28    contract of hire, express or implied, oral  or  written,  who
29    contracts  an occupational disease while working in the State
30    of Illinois, or who contracts an occupational  disease  while
31    working  outside  of  the  State  of  Illinois  but where the
32    contract of hire is made within the State  of  Illinois,  and
33    any  person  whose employment is principally localized within
34    the State of Illinois, regardless  of  the  place  where  the
                            -107-              LRB9002213DJcd
 1    disease  was  contracted  or place where the contract of hire
 2    was made, including aliens, and minors who, for  the  purpose
 3    of this Act, except Section 3 hereof, shall be considered the
 4    same  and  have  the same power to contract, receive payments
 5    and give quittances therefor, as adult employees. An employee
 6    or his or her dependents under this  Act  who  shall  have  a
 7    cause  of  action  by  reason  of  an  occupational  disease,
 8    disablement  or death arising out of and in the course of his
 9    or her employment may elect or pursue his or  her  remedy  in
10    the  State  where the disease was contracted, or in the State
11    where the contract of hire is made, or in the State where the
12    employment is principally localized.
13        (c)  "Commission" means the Industrial Commission created
14    by the Workers' Compensation Act, approved July 9,  1951,  as
15    amended.
16        (d)  In  this Act the term "Occupational Disease" means a
17    disease arising out of and in the course of the employment or
18    which has become  aggravated  and  rendered  disabling  as  a
19    result  of  the exposure of the employment.  Such aggravation
20    shall arise out of a risk peculiar to  or  increased  by  the
21    employment and not common to the general public.
22        A  disease shall be deemed to arise out of the employment
23    if there is apparent to the rational mind, upon consideration
24    of all the circumstances, a  causal  connection  between  the
25    conditions   under  which  the  work  is  performed  and  the
26    occupational disease. The  disease  need  not  to  have  been
27    foreseen or expected but after its contraction it must appear
28    to  have  had  its  origin or aggravation in a risk connected
29    with the employment and to have flowed from that source as  a
30    rational consequence.
31        An  employee  shall  be  conclusively deemed to have been
32    exposed to the hazards of an occupational disease  when,  for
33    any length of time however short, he or she is employed in an
34    occupation  or  process  in  which  the hazard of the disease
                            -108-              LRB9002213DJcd
 1    exists; provided however, that in  a  claim  of  exposure  to
 2    atomic  radiation, the fact of such exposure must be verified
 3    by the records of the central registry of radiation  exposure
 4    maintained  by  the  Department  of  Public Health or by some
 5    other recognized governmental agency maintaining  records  of
 6    such  exposures  whenever  and to the extent that the records
 7    are on file with the  Department  of  Public  Health  or  the
 8    agency.
 9        The  employer  liable  for  the  compensation in this Act
10    provided shall  be  the  employer  in  whose  employment  the
11    employee  was  last exposed to the hazard of the occupational
12    disease claimed upon regardless of the length of time of such
13    last exposure, except, in cases of silicosis  or  asbestosis,
14    the  only employer liable shall be the last employer in whose
15    employment the employee was last exposed during a  period  of
16    60  days or more after the effective date of this Act, to the
17    hazard of such occupational disease, and, in such  cases,  an
18    exposure  during  a  period  of  less than 60 days, after the
19    effective date of this  Act,  shall  not  be  deemed  a  last
20    exposure.   If  a  miner  who  is  suffering or suffered from
21    pneumoconiosis was employed for 10 years or more  in  one  or
22    more  coal  mines  there  shall,  effective July 1, 1973 be a
23    rebuttable presumption that his or her  pneumoconiosis  arose
24    out of such employment.
25        If  a deceased miner was employed for 10 years or more in
26    one or more coal mines and died  from  a  respirable  disease
27    there   shall,  effective  July  1,  1973,  be  a  rebuttable
28    presumption that his or her death was due to pneumoconiosis.
29        Any condition or impairment  of  health  of  an  employee
30    employed as a firefighter, emergency medical technician (EMT)
31    or  paramedic  which  results directly or indirectly from any
32    lung or respiratory disease or condition, heart  or  vascular
33    disease  or  condition,  hypertension, tuberculosis or cancer
34    resulting in any disability (temporary, permanent,  total  or
                            -109-              LRB9002213DJcd
 1    partial)  to  the  employee shall be conclusively presumed to
 2    arise  out  of  and  in  the   course   of   the   employee's
 3    firefighting, EMT or paramedic employment and, further, shall
 4    be  conclusively  presumed  to  be  causally connected to the
 5    hazards or exposures of such  employment.   This  presumption
 6    shall also apply to any hernia or hearing loss suffered by an
 7    employee   employed  as  a  firefighter,  EMT  or  paramedic.
 8    However, this presumption shall not apply to any employee who
 9    has been employed as a firefighter, EMT or paramedic for less
10    than 5 years at the  time  the  condition  or  impairment  is
11    discovered.
12        The  insurance  carrier liable shall be the carrier whose
13    policy was in effect covering the employer liable on the last
14    day  of  the  exposure  rendering  such  employer  liable  in
15    accordance with the provisions of this Act.
16        (e)  "Disablement"  means  an   impairment   or   partial
17    impairment,  temporary  or  permanent, in the function of the
18    body or any of the members of  the  body,  or  the  event  of
19    becoming  disabled  from  earning  full  wages at the work in
20    which the employee was  engaged  when  last  exposed  to  the
21    hazards of the occupational disease by the employer from whom
22    he  or  she  claims  compensation,  or  equal  wages in other
23    suitable employment; and  "disability"  means  the  state  of
24    being so incapacitated.
25        (f)  No  compensation  shall be payable for or on account
26    of any occupational disease  unless  disablement,  as  herein
27    defined,  occurs  within  two years after the last day of the
28    last exposure to the hazards of the disease, except in  cases
29    of  occupational  disease  caused  by  berylliosis  or by the
30    inhalation of silica dust  or  asbestos  dust  and,  in  such
31    cases, within 3 years after the last day of the last exposure
32    to  the  hazards  of  such  disease and except in the case of
33    occupational  disease  caused  by  exposure  to  radiological
34    materials or equipment, and in such  case,  within  25  years
                            -110-              LRB9002213DJcd
 1    after  the  last  day of last exposure to the hazards of such
 2    disease.
 3    (Source: P.A. 81-992.)
 4        (820 ILCS 310/4) (from Ch. 48, par. 172.39)
 5        Sec. 4.  (a) Any employer required by the terms  of  this
 6    Act  or  by  election to pay the compensation provided for in
 7    this Act shall:
 8             (1)  File with the  Commission  an  application  for
 9        approval  as a self-insurer which shall include a current
10        financial  statement.   The  application  and   financial
11        statement  shall  be signed and sworn to by the president
12        or vice-president and secretary or assistant secretary of
13        the employer if it be a corporation, or  by  all  of  the
14        partners  if it be a copartnership, or by the owner if it
15        be neither a copartnership nor a corporation.
16             If the sworn application and financial statement  of
17        any  such employer does not satisfy the Commission of the
18        financial ability of the employer who has filed  it,  the
19        Commission shall require such employer to:
20             (2)  Furnish   security,   indemnity   or   a   bond
21        guaranteeing   the   payment   by  the  employer  of  the
22        compensation provided for in this Act,  provided that any
23        such employer who shall have secured his or her liability
24        in part by excess liability coverage shall be required to
25        furnish to the Commission  security,  indemnity  or  bond
26        guaranteeing  his  or her payment up to the amount of the
27        effective limits of the  excess  coverage  in  accordance
28        with the provisions of this paragraph, or
29             (3)  Insure  his or her entire liability to pay such
30        compensation  in  some  insurance   carrier   authorized,
31        licensed  or  permitted  to do such insurance business in
32        this State.  All  policies  of  such  insurance  carriers
33        insuring the payment of compensation under this Act shall
                            -111-              LRB9002213DJcd
 1        cover   all   the   employees  and  all  such  employer's
 2        compensation liability in all cases in which the last day
 3        of the last exposure to the occupational disease involved
 4        is within the effective period of the policy, anything to
 5        the contrary in the  policy  notwithstanding.   Provided,
 6        however,   that  any  employer  may  insure  his  or  her
 7        compensation liability under this  Act  with  2  or  more
 8        insurance carriers or may insure a part and qualify under
 9        Subsection  1, 2, or 4 for the remainder of his liability
10        to pay such compensation, subject to  the  following  two
11        provisions:
12                  Firstly,  the  entire liability of the employer
13             to employees working at or from one  location  shall
14             be insured in one such insurance carrier or shall be
15             self-insured.
16                  Secondly,  the  employer  shall submit evidence
17             satisfactory to  the  Commission  that  his  or  her
18             entire  liability  for the compensation provided for
19             in this Act will be secured.
20             Any provision in a  policy  or  in  any  endorsement
21        attached thereto attempting to limit or modify in any way
22        the  liability of the insurance carrier issuing the same,
23        except as otherwise  provided  herein,  shall  be  wholly
24        void.
25             The   insurance   or  security  in  force  to  cover
26        compensation liability under this Act shall  be  separate
27        and  distinct  from  the  insurance or security under the
28        "Workers' Compensation Act" and  any  insurance  contract
29        covering  liability  under  either Act need not cover any
30        liability under  the  other.   Nothing  herein  contained
31        shall  apply  to  policies  of  excess liability carriage
32        secured by  employers  who  have  been  approved  by  the
33        Commission as self-insurers, or
34             (4)  Make  some other provision, satisfactory to the
                            -112-              LRB9002213DJcd
 1        Commission,  for  the  securing   of   the   payment   of
 2        compensation provided for in this Act, provided, however,
 3        that:
 4                  (A)  the State and all departments thereof must
 5             insure   against   their   liability   to  pay  that
 6             compensation in  the  State  Compensation  Insurance
 7             Fund; and
 8                  (B)  each   county,   city,   town,   township,
 9             incorporated  village, school district, body politic
10             or municipal corporation  must  insure  against  its
11             liability to pay that compensation by either:
12                       (i)  securing    the   approval   of   the
13                  Commission  to   be   a   self-insurer   or   a
14                  participant in a self-insurance plan; or
15                       (ii)  insuring  its  liability to pay that
16                  compensation   in   the   State    Compensation
17                  Insurance Fund; or
18                       (iii)  insuring  its liability to pay that
19                  compensation   by   any    other    alternative
20                  authorized by this Section if the premium which
21                  would be required under the alternative is less
22                  than  can  be  otherwise  provided by the State
23                  Compensation Insurance Fund; however, any city,
24                  village or incorporated town may by a  majority
25                  vote  of  the  members  of  its  governing body
26                  present  and  voting  remove  itself  from  the
27                  requirements  of  this  subdivision  (iii)  and
28                  thereafter such city, village  or  incorporated
29                  town  shall  not  be bound by the provisions of
30                  this subdivision  (iii)  unless  its  governing
31                  body  by  a  majority vote of those present and
32                  voting elects to avail itself of the provisions
33                  hereof; and
34             (5)  Upon  becoming  subject   to   this   Act   and
                            -113-              LRB9002213DJcd
 1        thereafter  as  often  as  the  Commission may in writing
 2        demand, file with the Commission in form prescribed by it
 3        evidence of his or her compliance with the  provision  of
 4        this section.
 5        (b)  The  sworn  application  and financial statement, or
 6    security, indemnity or bond, or amount of insurance, or other
 7    provisions,  filed,  furnished,  carried,  or  made  by   the
 8    employer,  as  the  case  may  be,  shall  be  subject to the
 9    approval of the Commission.
10        Deposits  under  escrow   agreements   shall   be   cash,
11    negotiable  United  States  government  bonds  or  negotiable
12    general obligation bonds of the State of Illinois.  Such cash
13    or  bonds  shall  be  deposited  in  escrow with any State or
14    National Bank or Trust Company having trust authority in  the
15    State of Illinois.
16        Upon  the approval of the sworn application and financial
17    statement,  security,  indemnity  or  bond   or   amount   of
18    insurance,  filed, furnished, or carried, as the case may be,
19    the Commission shall send to the employer written  notice  of
20    its  approval thereof.  Said certificate of compliance by the
21    employer with the provisions of subparagraphs (2) and (3)  of
22    paragraph  (a)  of  this  section  shall  be delivered by the
23    insurance carrier to the Industrial Commission within 5  days
24    after  the  effective  date  of the policy so certified.  The
25    insurance so certified shall cover all compensation liability
26    occurring during the time that the insurance is in effect and
27    no further certificate need be filed in case  such  insurance
28    is  renewed, extended or otherwise continued by such carrier.
29    The insurance so certified shall not be cancelled or  in  the
30    event  that  such  insurance  is  not  renewed,  extended  or
31    otherwise  continued,  such insurance shall not be terminated
32    until at least  10  days  after  receipt  by  the  Industrial
33    Commission  of  notice  of the cancellation or termination of
34    said insurance; provided, however, that if the  employer  has
                            -114-              LRB9002213DJcd
 1    secured  insurance  from  another  insurance  carrier, or has
 2    otherwise secured the payment of compensation  in  accordance
 3    with  this  Section,  and  such  insurance  or other security
 4    becomes effective prior to the expiration of  said  10  days,
 5    cancellation  or  termination  may,  at  the  option  of  the
 6    insurance  carrier  indicated in such notice, be effective as
 7    of the effective date of such other insurance or security.
 8        (c)  Whenever  the  Commission  shall   find   that   any
 9    corporation,    company,    association,    aggregation    of
10    individuals,  reciprocal  or interinsurers exchange, or other
11    insurer effecting workers' occupational disease  compensation
12    insurance  in  this  State  shall  be  insolvent, financially
13    unsound, or unable to fully meet all payments and liabilities
14    assumed or to be assumed for compensation insurance  in  this
15    State,  or  shall  practice  a  policy of delay or unfairness
16    toward employees in the adjustment, settlement, or payment of
17    benefits  due  such  employees,  the  Commission  may   after
18    reasonable  notice  and  hearing  order  and direct that such
19    corporation,    company,    association,    aggregation    of
20    individuals,  reciprocal  or   interinsurers   exchange,   or
21    insurer,  shall  from  and  after  a date fixed in such order
22    discontinue the writing of  any  such  workers'  occupational
23    disease  compensation  insurance  in  this  State.  It  shall
24    thereupon  be  unlawful  for  any  such corporation, company,
25    association,  aggregation  of  individuals,   reciprocal   or
26    interinsurers  exchange,  or  insurer  to effect any workers'
27    occupational disease compensation insurance in this State.  A
28    copy of the order  shall  be  served  upon  the  Director  of
29    Insurance  by registered mail.  Whenever the Commission finds
30    that any service or adjustment company used or employed by  a
31    self-insured  employer or by an insurance carrier to process,
32    adjust, investigate, compromise or  otherwise  handle  claims
33    under  this  Act,  has practiced or is practicing a policy of
34    delay or  unfairness  toward  employees  in  the  adjustment,
                            -115-              LRB9002213DJcd
 1    settlement  or  payment  of  benefits due such employees, the
 2    Commission may after reasonable notice and hearing order  and
 3    direct that such service or adjustment company shall from and
 4    after   a  date  fixed  in  such  order  be  prohibited  from
 5    processing,   adjusting,   investigating,   compromising   or
 6    otherwise handling claims under this Act.
 7        Whenever  the  Commission  finds  that  any  self-insured
 8    employer has practiced or is practicing delay  or  unfairness
 9    toward  employees in the adjustment, settlement or payment of
10    benefits  due  such  employees,  the  Commission  may   after
11    reasonable  notice  and hearing order and direct that after a
12    date fixed in the order such self-insured employer  shall  be
13    disqualified  to  operate  as  a  self-insurer  and  shall be
14    required to insure his entire liability to  pay  compensation
15    in  some insurance carrier authorized, licensed and permitted
16    to do such insurance business in this State  as  provided  in
17    subparagraph (3) of paragraph (a) of this Section.
18        All  orders  made  by  the  Commission under this Section
19    shall be subject to review by the courts, the  review  to  be
20    taken in the same manner and within the same time as provided
21    by  Section 19 of this Act for review of awards and decisions
22    of the Commission, upon the party seeking the  review  filing
23    with  the  clerk of the court to which said review is taken a
24    bond in an amount to be fixed and approved by  the  court  to
25    which  said  review is taken, conditioned upon the payment of
26    all compensation awarded against the person taking the review
27    pending a decision thereof and further conditioned upon  such
28    other  obligations  as the court may impose.  Upon the review
29    the Circuit Court shall have power to review all questions of
30    fact as well as of law.  The penalty hereinafter provided for
31    in this paragraph shall not attach and shall not begin to run
32    until the final determination of the order of the Commission.
33        (d)  Upon a finding by the Commission,  after  reasonable
34    notice  and  hearing, of the knowing and wilful failure of an
                            -116-              LRB9002213DJcd
 1    employer to comply with any of the  provisions  of  paragraph
 2    (a) of this Section or the failure or refusal of an employer,
 3    service or adjustment company, or insurance carrier to comply
 4    with  any  order  of  the  Industrial  Commission pursuant to
 5    paragraph (c) of this Section the  Commission  may  assess  a
 6    civil  penalty  of  up  to  $500 per day for each day of such
 7    failure  or  refusal  after  the  effective  date   of   this
 8    amendatory Act of 1989.   Each day of such failure or refusal
 9    shall constitute a separate offense.
10        Upon  the  failure or refusal of any employer, service or
11    adjustment company  or insurance carrier to comply  with  the
12    provisions of this Section and orders of the Commission under
13    this Section, or the order of the court on review after final
14    adjudication,  the  Commission  may  bring  a civil action to
15    recover the amount of  the  penalty  in  Cook  County  or  in
16    Sangamon  County  in which litigation the Commission shall be
17    represented by the Attorney  General.  The  Commission  shall
18    send  notice  of its finding of non-compliance and assessment
19    of the civil penalty to the Attorney General.   It  shall  be
20    the duty of the Attorney General within 30 days after receipt
21    of   the  notice,  to  institute  prosecutions  and  promptly
22    prosecute all reported violations of this Section.
23        (e)  This Act shall not affect or disturb the continuance
24    of any existing insurance, mutual  aid,  benefit,  or  relief
25    association  or department, whether maintained in whole or in
26    part by the employer or whether maintained by the  employees,
27    the  payment  of  benefits  of such association or department
28    being guaranteed by the employer or by some person,  firm  or
29    corporation   for   him   or   her:  Provided,  the  employer
30    contributes to such association or department an  amount  not
31    less than the full compensation herein provided, exclusive of
32    the cost of the maintenance of such association or department
33    and  without any expense to the employee.  This Act shall not
34    prevent the organization and maintaining under the  insurance
                            -117-              LRB9002213DJcd
 1    laws  of  this  State of any benefit or insurance company for
 2    the purpose of insuring against the compensation provided for
 3    in this Act, the  expense  of  which  is  maintained  by  the
 4    employer.  This  Act  shall  not  prevent the organization or
 5    maintaining under the insurance laws of  this  State  of  any
 6    voluntary  mutual  aid,  benefit  or relief association among
 7    employees for the payment  of  additional  accident  or  sick
 8    benefits.
 9        (f)  No existing insurance, mutual aid, benefit or relief
10    association or department shall, by reason of anything herein
11    contained, be authorized to discontinue its operation without
12    first  discharging  its  obligations  to  any and all persons
13    carrying insurance in the  same  or  entitled  to  relief  or
14    benefits therein.
15        (g)  Any   contract,   oral,   written   or  implied,  of
16    employment providing for relief benefit, or insurance or  any
17    other  device  whereby  the  employee  is required to pay any
18    premium or premiums for insurance  against  the  compensation
19    provided  for  in  this  Act  shall  be  null  and void.  Any
20    employer withholding from  the  wages  of  any  employee  any
21    amount  for  the  purpose of paying any such premium shall be
22    guilty of a Class B misdemeanor.
23        In the event the employer does not pay  the  compensation
24    for  which  he  or  she is liable, then an insurance company,
25    association or insurer which may have insured  such  employer
26    against  such  liability shall become primarily liable to pay
27    to the employee, his personal representative  or  beneficiary
28    the compensation required by the provisions of this Act to be
29    paid  by  such employer.  The insurance carrier may be made a
30    party to the proceedings in which the employer is a party and
31    an award may be entered jointly against the employer and  the
32    insurance carrier.
33        (h)  It  shall  be  unlawful  for any employer, insurance
34    company or service or adjustment company to  interfere  with,
                            -118-              LRB9002213DJcd
 1    restrain  or  coerce  an employee in any manner whatsoever in
 2    the exercise of the rights or remedies granted to him or  her
 3    by  this  Act or to discriminate, attempt to discriminate, or
 4    threaten to discriminate  against  an  employee  in  any  way
 5    because  of his exercise of the rights or remedies granted to
 6    him by this Act.
 7        It shall be unlawful for any  employer,  individually  or
 8    through  any  insurance  company  or  service  or  adjustment
 9    company,  to  discharge  or  to  threaten to discharge, or to
10    refuse to rehire or recall to active service  in  a  suitable
11    capacity  an  employee  because of the exercise of his or her
12    rights or remedies granted to him or her  by  this  Act.  The
13    arbitrator  and  Commission  shall  hear  evidence  and  make
14    written  findings  on  the  employee's petition for sanctions
15    based upon the  prohibitions  of  this  Section.   Where  the
16    arbitrator or Commission finds that the employer or its agent
17    has engaged in such proscribed activities, the employee shall
18    be  allowed  additional compensation in the amount of $5,000.
19    The employee shall  retain  his  or  her  common  law  rights
20    against the employer.
21        (i)  If  an  employer  elects  to obtain a life insurance
22    policy on his employees, he may  also  elect  to  apply  such
23    benefits  in  satisfaction  of  all or a portion of the death
24    benefits  payable  under  this  Act,  in  which   case,   the
25    employer's  premium  for coverage for benefits under this Act
26    shall be reduced accordingly.
27    (Source: P.A. 86-998; 86-1405.)
28        (820 ILCS 310/4c new)
29        Sec.  4c.  Failure  to  insure  or  self-insure.   If  an
30    employer fails to insure or self-insure as required  by  this
31    Act,  the  State  Treasurer,  as  ex-officio custodian of the
32    Second Injury Fund, may be joined  with  the  employer  as  a
33    party  respondent in the application for adjustment of claim.
                            -119-              LRB9002213DJcd
 1    Upon a finding by the arbitrator that the employer has failed
 2    to insure or self-insure as required by this Act,  the  State
 3    Treasurer, as ex-officio custodian of the Second Injury Fund,
 4    shall  assume  the  liability  of  the  employer  to  pay all
 5    benefits as provided by this Act.  The State Treasurer  shall
 6    have  the  same  defenses to such claims as would the insured
 7    employer.  The office of the Attorney General of the State of
 8    Illinois shall bring suit in the circuit court of the  county
 9    in which the accident occurred against any employer for which
10    payment  has  been  made pursuant to this paragraph.  Penalty
11    under this paragraph shall be the amount withdrawn  from  the
12    Second  Injury Fund for the employer's employee or his or her
13    dependents, plus a fine of $500 a day from the  date  of  the
14    injury  up  to  a  maximum  of  $25,000,  and  any  amount so
15    collected shall be paid into the Second Injury Fund.
16        (820 ILCS 310/6) (from Ch. 48, par. 172.41)
17        Sec.  6.   (a)  Every  employer   operating   under   the
18    compensation  provisions  of  this  Act,  shall  post printed
19    notices  in  their  respective  places   of   employment   in
20    conspicuous  places  and in such number and at such places as
21    may  be  determined  by  the  Commission,   containing   such
22    information  relative  to  this Act as in the judgment of the
23    Commission may be necessary to  aid  employees  to  safeguard
24    their rights under this Act.
25        In  addition  thereto,  the  employer  shall  post  in  a
26    conspicuous place on the premises of the employment a printed
27    or  typewritten  notice  stating  whether  he  is  insured or
28    whether he has qualified and is operating as  a  self-insured
29    employer.   In  the event the employer is insured, the notice
30    shall state the name and address  of  his  or  her  insurance
31    carrier,  the  number  of the insurance policy, its effective
32    date and the date  of  termination.   In  the  event  of  the
33    termination  of  the  policy  for  any  reason  prior  to the
                            -120-              LRB9002213DJcd
 1    termination date stated, the posted notice shall promptly  be
 2    corrected   accordingly.    In  the  event  the  employer  is
 3    operating as a self-insured employer the notice  shall  state
 4    the  name  and  address of the company, if any, servicing the
 5    compensation payments of  the  employer,  and  the  name  and
 6    address  of  the  person  in  charge  of  making compensation
 7    payments.
 8        (b)  Every employer subject to this  Act  shall  maintain
 9    accurate   records   of  work-related  deaths,  injuries  and
10    illnesses other than minor injuries requiring only first  aid
11    treatment and which do not involve medical treatment, loss of
12    consciousness,  restriction  of work or motion or transfer to
13    another job and  file  with  the  Industrial  Commission,  in
14    writing, a report of all occupational diseases arising out of
15    and  in  the course of the employment and resulting in death,
16    or disablement or illness resulting in the loss of more  than
17    3  scheduled  work  days.   In  the case of death such report
18    shall be made no later than  2  working  days  following  the
19    occupational  death.  In all other cases such report shall be
20    made between the 15th and 25th of each month unless  required
21    to  be  made sooner by rule of the Industrial Commission.  In
22    case  the   occupational   disease   results   in   permanent
23    disability,  a  further report shall be made as soon as it is
24    determined that such permanent  disability  has  resulted  or
25    will  result  therefrom.  All reports shall state the date of
26    the disablement, the nature of the employer's  business,  the
27    name,  address,  the  age,  sex,  conjugal  condition  of the
28    disabled person, the specific occupation of the  person,  the
29    nature  and character of the occupational disease, the length
30    of  disability,  and,  in  case  of  death,  the  length   of
31    disability  before  death, the wages of the employee, whether
32    compensation has been paid to the employee, or to  his  legal
33    representative  or  his  heirs  or next of kin, the amount of
34    compensation paid, the amount paid for physicians', surgeons'
                            -121-              LRB9002213DJcd
 1    and hospital bills, and by whom paid, and the amount paid for
 2    funeral or burial expenses, if known.  The reports  shall  be
 3    made  on  forms  and  in  the  manner  as  prescribed  by the
 4    Industrial  Commission  and  shall   contain   such   further
 5    information  as  the  Commission  shall  deem  necessary  and
 6    require.   The  making  of such reports releases the employer
 7    from making such reports to any other officer  of  the  State
 8    and  shall  satisfy  the reporting provisions as contained in
 9    the "Health And Safety Act" and "An Act in relation to safety
10    inspections  and  education  in  industrial  and   commercial
11    establishments  and to repeal an Act therein named", approved
12    July 18,  1955,  as  amended.   The  report  filed  with  the
13    Industrial  Commission  pursuant  to  the  provisions of this
14    Section shall be made available by the Industrial  Commission
15    to  the  Director  of  Labor  or  his representatives, to the
16    Department of Public Health pursuant to the  Illinois  Health
17    and  Hazardous  Substances  Registry  Act,  and  to all other
18    departments of the State of Illinois which shall require such
19    information  for  the  proper  discharge  of  their  official
20    duties.  Failure to file  with  the  Commission  any  of  the
21    reports required in this Section is a petty offense.
22        Except  as  provided in this paragraph, all reports filed
23    hereunder shall be confidential and any person having  access
24    to  such  records  filed  with  the  Industrial Commission as
25    herein required, who shall release  the  names  or  otherwise
26    identify  any persons sustaining injuries or disabilities, or
27    gives access to such information to any unauthorized  person,
28    shall  be subject to discipline or discharge, and in addition
29    shall be guilty of a  Class  B  misdemeanor.  The  Commission
30    shall  compile and distribute to interested persons aggregate
31    statistics, taken  from  the  reports  filed  hereunder.  The
32    aggregate  statistics  shall  not give the names or otherwise
33    identify persons sustaining injuries or disabilities  or  the
34    employer of any injured or disabled person.
                            -122-              LRB9002213DJcd
 1        (c)  There  shall  be  given  notice  to  the employer of
 2    disablement arising from an occupational disease as  soon  as
 3    practicable after the date it becomes reasonably discoverable
 4    and  apparent  that  a compensable and disabling occupational
 5    disease  has  been  sustained  of  the  disablement.  If  the
 6    Commission shall find that the failure to  give  such  notice
 7    substantially  prejudices  the  rights  of  the  employer the
 8    Commission in its discretion may order that the right of  the
 9    employee to proceed under this Act shall be barred.
10        In  case  of  legal  disability  of  the  employee or any
11    dependent of a deceased  employee  who  may  be  entitled  to
12    compensation,   under   the   provisions  of  this  Act,  the
13    limitations of time in this  Section  of  this  Act  provided
14    shall not begin to run against such person who is under legal
15    disability   until   a   conservator  or  guardian  has  been
16    appointed. No defect or inaccuracy of such notice shall be  a
17    bar  to  the  maintenance  of  proceedings  on arbitration or
18    otherwise by the employee unless the employer proves that  he
19    or  she  is  unduly  prejudiced  in  such proceedings by such
20    defect or inaccuracy.  Notice of  the  disabling  compensable
21    disease may be given orally or in writing. In any case, other
22    than  injury  or  death  caused  by  exposure to radiological
23    materials or equipment or asbestos,  unless  application  for
24    compensation  is  filed  with  the  Commission within 3 years
25    after  the  date  it  becomes  reasonably  discoverable   and
26    apparent   that  a  compensable  and  disabling  occupational
27    disease has been sustained,  of  the  disablement,  where  no
28    compensation  has been paid, or within 2 years after the date
29    of the last payment of compensation, where any has been paid,
30    whichever shall be later, the right to file such  application
31    shall  be  barred.   If  the  occupational disease results in
32    death, application for compensation for death  may  be  filed
33    with  the  Commission  within 3 years after the date of death
34    where no compensation has been paid, or within 3 years  after
                            -123-              LRB9002213DJcd
 1    the  last  payment  of compensation, where any has been paid,
 2    whichever is later, but not thereafter.
 3        Effective July 1, 1973 in cases of disability  caused  by
 4    coal    miners    pneumoconiosis   unless   application   for
 5    compensation is filed with  the  Commission  within  5  years
 6    after  it becomes reasonably discoverable and apparent that a
 7    compensable  and  disabling  occupational  disease  has  been
 8    sustained the employee was last exposed where no compensation
 9    has been paid, or within 5 years after the  last  payment  of
10    compensation  where any has been paid, the right to file such
11    application shall be barred.
12        In cases of disability caused by exposure to radiological
13    materials or equipment or asbestos,  unless  application  for
14    compensation  is  filed  with  the Commission within 25 years
15    after the employee was so exposed or within 5 years after  it
16    becomes   reasonably   discoverable   and   apparent  that  a
17    compensable  and  disabling  occupational  disease  has  been
18    sustained, whichever occurs later, the  right  to  file  such
19    application shall be barred.
20        In cases of death from occurring within 25 years from the
21    last  exposure  to  radiological  material  or  equipment  or
22    asbestos, application for compensation must be filed within 3
23    years of death where no compensation has been paid, or within
24    3  years,  after  the  date of the last payment where any has
25    been paid, but not thereafter.
26        (d)  Any contract or agreement made by  any  employer  or
27    his  agent  or  attorney  with  any  employee  or  any  other
28    beneficiary  of  any  claim  under the provisions of this Act
29    within 7 days after the disablement shall be presumed  to  be
30    fraudulent.
31    (Source: P.A. 84-981.)
32        (820 ILCS 310/7) (from Ch. 48, par. 172.42)
33        Sec.  7.   If  any  employee  sustains  any  disablement,
                            -124-              LRB9002213DJcd
 1    impairment,   or  disfigurement,  or  dies  and  his  or  her
 2    disability, impairment, disfigurement or death is caused by a
 3    disease aggravated by an exposure of the employment or by  an
 4    occupational  disease arising out of and in the course of his
 5    or  her  employment,  such  employee   or   such   employee's
 6    dependents,  as  the  case  may  be,  shall  be  entitled  to
 7    compensation,  medical, surgical, hospital and rehabilitation
 8    care, prosthesis,  burial  costs,  and  all  other  benefits,
 9    rights  and  remedies, in the same manner, to the same extent
10    and subject to the same terms,  conditions  and  limitations,
11    except  as  herein  otherwise  provided,  as  are  now or may
12    hereafter be provided by the "Workers' Compensation Act"  for
13    accidental injuries sustained by employees arising out of and
14    in  the course of their employment (except that the amount of
15    compensation which shall be paid for loss of hearing  of  one
16    ear  is  100  weeks)  and  for  this purpose the disablement,
17    disfigurement or  death  of  an  employee  by  reason  of  an
18    occupational disease, arising out of and in the course of his
19    or  her  employment,  shall be treated as the happening of an
20    accidental  injury.  If  the  employee   has   sustained   an
21    accidental  injury  and  as  a result becomes temporarily and
22    totally disabled from pursuing his or her usual and customary
23    line of  work,  the  employer  shall  maintain  such  medical
24    insurance as the employee enjoyed when previously working for
25    the employer.
26        (a)  Loss  of  hearing for compensation purposes shall be
27    confined to the frequencies of 1,000, 2,000 and 3,000  cycles
28    per second. Loss of hearing ability for frequency tones above
29    3,000   cycles  per  second  are  not  to  be  considered  as
30    constituting disability for hearing.
31        (b)  The percent of hearing loss,  for  purposes  of  the
32    determination   of   compensation   claims  for  occupational
33    deafness, shall be calculated as the average in decibels  for
34    the thresholds of hearing for the frequencies of 1,000, 2,000
                            -125-              LRB9002213DJcd
 1    and  3,000  cycles  per  second.  Pure  tone  air  conduction
 2    audiometric  instruments,  approved  by nationally recognized
 3    authorities in  this  field,  shall  be  used  for  measuring
 4    hearing loss. If the losses of hearing average 30 decibels or
 5    less  in  the 3 frequencies, such losses of hearing shall not
 6    then constitute any compensable hearing  disability.  If  the
 7    losses  of  hearing  average  85  decibels  or  more in the 3
 8    frequencies, then the same shall constitute and be  total  or
 9    100 percent compensable hearing loss.
10        (c)  In measuring hearing impairment, the lowest measured
11    losses  in  each of the 3 frequencies shall be added together
12    and divided by 3 to determine the average decibel  loss.  For
13    every  decibel  of loss exceeding 30 decibels an allowance of
14    1.82% shall be made up to the maximum of 100 percent which is
15    reached at 85 decibels.
16        (d)  If a hearing loss is established to have existed  on
17    July  1,  1975, by audiometric testing the employer shall not
18    be liable for the previous loss so established nor  shall  he
19    be  liable  for any loss for which compensation has been paid
20    or awarded.
21        (e)  No consideration shall be given to the  question  of
22    whether  or  not  the  ability  of  an employee to understand
23    speech is improved by the use of a hearing aid.
24        (f)  No claim for loss of hearing due to industrial noise
25    shall be brought against an employer or  allowed  unless  the
26    employee  has been exposed for a period of time sufficient to
27    cause permanent impairment to noise levels in excess  of  the
28    following:
29              Sound Level DBA
30              Slow Response             Hours Per Day
31                   90                         8
32                   92                         6
33                   95                         4
34                   97                         3
                            -126-              LRB9002213DJcd
 1                  100                         2
 2                  102                         1-1/2
 3                  105                         1
 4                  110                         1/2
 5                  115                         1/4
 6    This  subparagraph  (f)  shall  not  be  applied  in cases of
 7    hearing loss resulting from trauma or explosion.
 8        Notwithstanding  this  subsection  (f),  the   Industrial
 9    Commission  or  arbitrator  may  award disability for hearing
10    loss when an employee is exposed to noise  levels  which  the
11    Commission  or  arbitrator  deems  are  sufficient  to  cause
12    permanent impairment.
13        In addition to discharging the foregoing obligations, the
14    employer  shall  pay  into  the  Special  Fund  created under
15    paragraph (f) of Section  7  of  the  "Workers'  Compensation
16    Act",  the same amounts and in the same manner as is provided
17    in the same Act in cases of accidental injuries  arising  out
18    of and in the course of the employment.
19    (Source: P.A. 81-1482.)
20        (820 ILCS 310/8) (from Ch. 48, par. 172.43)
21        Sec.  8.  Whenever by virtue of the provisions of Section
22    7 of this Act an employee seeks  to  exercise  any  right  or
23    remedy  provided in the Workers' Compensation Act, the period
24    of limitation, except as  in  this  Act  otherwise  provided,
25    shall be the same as under the Workers' Compensation Act, and
26    where  applicable shall begin to run from the date it becomes
27    reasonably discoverable and apparent that a  compensable  and
28    disabling   occupational   disease   has  been  sustained  of
29    disablement instead of the date of accident.
30    (Source: P.A. 81-992.)
31        (820 ILCS 310/16b new)
32        Sec. 16b.  Fees of health care providers.  A health  care
                            -127-              LRB9002213DJcd
 1    provider  shall not charge a fee for treatment and care which
 2    is governed by the provisions of this  Act  that  is  greater
 3    than  the  usual  and customary fee the provider receives for
 4    the  same  treatment  or  service  when  the  payor  for  the
 5    treatment or service is a health maintenance organization,  a
 6    preferred   provider   organization,   or  a  private  health
 7    insurance carrier.  The charge shall be  the  lesser  of  the
 8    amounts    charged   to   either   the   health   maintenance
 9    organization, the preferred  provider  organization,  or  the
10    private  health  insurance carrier.  At the request of either
11    the employee, employer, or insurer, the health care  provider
12    shall  provide an affidavit of his or her customary and usual
13    charges billed to health maintenance organizations, preferred
14    provider  organizations,   and   private   health   insurance
15    carriers.
16        (820 ILCS 310/16c new)
17        Sec.  16c.  Resolution  of  disputes  by Commission.  The
18    Commission shall,  no  later  than  180  days  following  the
19    effective  date  of  this  amendatory  Act  of 1995, by rule,
20    establish methods to resolve disputes between  employers  and
21    health   care  providers  concerning  the  reasonableness  of
22    medical charges (regardless of whether a fee has  been  paid)
23    or  services.  The employee shall not be a party to a dispute
24    over medical charges, nor shall the  employee's  recovery  in
25    any  way  be  jeopardized  because  of  a  dispute.  However,
26    nothing in this  Section  shall  be  construed  to  limit  an
27    employee's  right to seek reimbursement, payment, or approval
28    of a medical provider's bill, at arbitration  or  before  the
29    Industrial  Commission, pursuant to subsection (a) of Section
30    8 of the Workers' Compensation Act.
31        (820 ILCS 310/16d new)
32        Sec.  16d.   Disclosure  of  financial   interest.    Any
                            -128-              LRB9002213DJcd
 1    physician  or  other health care provider who orders, directs
 2    or renders treatment, testing, therapy or rehabilitation to a
 3    patient at any institution or facility shall, at or prior  to
 4    the  time of the referral, disclose in writing if such health
 5    care provider, or any of his partners or his employer  has  a
 6    financial  interest  in  the institution or facility to which
 7    the patient is being referred.  This disclosure shall be made
 8    to  the  patient,  the  patient's  employer,   the   workers'
 9    compensation  insurer  of  such  employer,  and  the workers'
10    compensation   adjusting   company   for   the   insurer   or
11    self-insured employer.  Violation of this Section is a  Class
12    A misdemeanor.
13        (820 ILCS 310/16e new)
14        Sec.  16e.  Prohibited practices.  No hospital, physician
15    or other health  care  provider  shall  bill  or  attempt  to
16    collect  from  the employee, or his or her assignees, any fee
17    for services rendered to an employee due to an  alleged  work
18    related  injury  or report to any credit reporting agency any
19    failure of the employee to make  any  such  payment,  if  the
20    hospital,  physician  or  health care provider has received a
21    notice stating that the injury to the  employee  was  a  work
22    related  injury  covered under this Act.  The notice shall be
23    actual notice given by the  employee,  the  employer  or  the
24    employer's  insurer to the hospital, physician or health care
25    provider verbally or in writing signed by the  employee,  the
26    employer,  or  the  employer's  insurer.  The notice shall be
27    deemed received by the hospital,  physician  or  health  care
28    provider  5  days  after  mailing  by  certified  mail by the
29    employee, employer, or insurer to the hospital, physician, or
30    health care provider.  If a hospital,  physician,  or  health
31    care  provider  or  debt  collector  on behalf of a hospital,
32    physician, or health care  provider  pursues  any  action  to
33    collect from an employee after such notice is properly given,
                            -129-              LRB9002213DJcd
 1    the  employee  shall  have  a  cause  of  action  against the
 2    hospital, physician,  or  health  care  provider  for  actual
 3    damages  sustained  plus  $1,000  in  additional damages, and
 4    costs and reasonable attorney fees.
 5        (820 ILCS 310/16f new)
 6        Sec. 16f.  Medical records;  testimony.   Any  physician,
 7    surgeon, hospital, or other health care provider who performs
 8    any  services  in  connection with this Act shall provide the
 9    patient, his employer, and the insurer with copies of medical
10    records and reports at a reasonable fee.  The fee for medical
11    records shall not  exceed  a  cost  of  $5  per  request  for
12    administrative  cost  and  10  cents per copy for the cost of
13    duplication.   The  fees  charged  for  medical  reports  and
14    testimony shall not exceed the usual and customary amount for
15    such service.  Upon request of the employer, the employee, or
16    the beneficiary affected, the arbitrator  or  the  Commission
17    shall determine the fee to be authorized.
18        Any  physician,  surgeon, hospital employee, or any other
19    health care provider  who  is  required  to  testify  at  the
20    request  of  the patient, his or her employer, or the insurer
21    shall charge a  reasonable  fee  for  the  time  required  to
22    testify.   The  charge may not exceed $200 per hour.  Amounts
23    over the first hour shall be billed in 10  minute  increments
24    not to exceed $34.
25        (820 ILCS 310/19) (from Ch. 48, par. 172.54)
26        Sec.  19.  Any disputed questions of law or fact shall be
27    determined as herein provided.
28        (a)  It  shall  be  the  duty  of  the  Commission   upon
29    notification  that  the  parties  have  failed  to  reach  an
30    agreement to designate an Arbitrator.
31             (1)  The  application  for adjustment of claim filed
32        with the Commission shall state:
                            -130-              LRB9002213DJcd
 1                  A.  The approximate date of the last day of the
 2             last  exposure  and  the  approximate  date  of  the
 3             disablement.
 4                  B.  The general nature  and  character  of  the
 5             illness or disease claimed.
 6                  C.  The  name  and  address  of the employer by
 7             whom employed on the last day of the  last  exposure
 8             and  if  employed  by  any other employer after such
 9             last exposure and before disablement  the  name  and
10             address of such other employer or employers.
11                  D.  In  case  of  death,  the date and place of
12             death.
13             (2)  Amendments to applications  for  adjustment  of
14        claim which relate to the same disablement or disablement
15        resulting in death originally claimed upon may be allowed
16        by  the  Commissioner  or an Arbitrator thereof, in their
17        discretion, and in the exercise of such discretion,  they
18        may in proper cases order a trial de novo; such amendment
19        shall  relate  back  to  the  date  of  the filing of the
20        original application so amended.
21             (3)  Whenever any claimant misconceives  his  remedy
22        and  files  an  application for adjustment of claim under
23        this Act and it is subsequently discovered, at  any  time
24        before  final  disposition  of such cause, that the claim
25        for disability or death which  was  the  basis  for  such
26        application  should  properly  have  been  made under the
27        Workers' Compensation Act, then the provisions of Section
28        19 paragraph  (a-1)  of  the  Workers'  Compensation  Act
29        having reference to such application shall apply.
30             Whenever  any  claimant  misconceives his remedy and
31        files an application for adjustment of  claim  under  the
32        Workers'   Compensation   Act   and  it  is  subsequently
33        discovered, at any time before final disposition of  such
34        cause  that  the  claim for injury or death which was the
                            -131-              LRB9002213DJcd
 1        basis for such application should properly have been made
 2        under this Act, then the application so filed  under  the
 3        Workers'   Compensation  Act  may  be  amended  in  form,
 4        substance or both to assert claim for such disability  or
 5        death  under this Act and it shall be deemed to have been
 6        so filed as amended on the date of  the  original  filing
 7        thereof,  and  such  compensation  may  be  awarded as is
 8        warranted  by  the  whole  evidence   pursuant   to   the
 9        provisions of this Act. When such amendment is submitted,
10        further  or  additional  evidence  may  be  heard  by the
11        Arbitrator or Commission when deemed necessary; provided,
12        that nothing in this Section contained shall be construed
13        to be or permit a waiver of any provisions  of  this  Act
14        with  reference  to  notice, but notice if given shall be
15        deemed to be a notice under the provisions of this Act if
16        given within the time required herein.
17        (b)  The  Arbitrator  shall  make  such   inquiries   and
18    investigations as he shall deem necessary and may examine and
19    inspect  all  books,  papers,  records,  places,  or premises
20    relating to the questions in dispute  and  hear  such  proper
21    evidence as the parties may submit.
22        The  hearings  before the Arbitrator shall be held in the
23    vicinity where the last exposure  occurred,  after  10  days'
24    notice  of the time and place of such hearing shall have been
25    given to each of the parties or their attorneys of record.
26        The Arbitrator may find that the disabling  condition  is
27    temporary  and  has not yet reached a permanent condition and
28    may order the payment of compensation up to the date  of  the
29    hearing,  which  award shall be reviewable and enforceable in
30    the same manner as other awards, and in no instance be a  bar
31    to a further hearing and determination of a further amount of
32    temporary total compensation or of compensation for permanent
33    disability, but shall be conclusive as to all other questions
34    except the nature and extent of such disability.
                            -132-              LRB9002213DJcd
 1        The  decision  of  the Arbitrator shall be filed with the
 2    Commission which Commission shall immediately  send  to  each
 3    party  or his attorney a copy of such decision, together with
 4    a notification of the  time  when  it  was  filed.  Beginning
 5    January  1,  1981,  all decisions of the Arbitrator shall set
 6    forth in writing findings of fact  and  conclusions  of  law,
 7    separately  stated.  Unless a petition for review is filed by
 8    either party within 30 days after the receipt by  such  party
 9    of  the  copy  of  the decision and notification of time when
10    filed, and unless such party petitioning for a  review  shall
11    within  35  days  after the receipt by him of the copy of the
12    decision, file with the Commission either an agreed statement
13    of  the  facts  appearing  upon  the   hearing   before   the
14    Arbitrator,  or  if  such  party  shall  so  elect  a correct
15    transcript of evidence of the proceedings at  such  hearings,
16    then the decision shall become the decision of the Commission
17    and in the absence of fraud shall be conclusive. The Petition
18    for  Review  shall  contain  a  statement  of the petitioning
19    party's  specific  exceptions  to   the   decision   of   the
20    arbitrator.  The jurisdiction of the Commission to review the
21    decision  of  the  arbitrator  shall  not  be  limited to the
22    exceptions stated in the Petition for Review. The Commission,
23    or any member thereof, may grant further time  not  exceeding
24    30 days, in which to file such agreed statement or transcript
25    of  evidence.  Such  agreed  statement  of  facts  or correct
26    transcript  of  evidence,  as  the  case  may  be,  shall  be
27    authenticated by the  signatures  of  the  parties  or  their
28    attorneys,  or  the official court reporter, and in the event
29    they do not agree as to the correctness of the transcript  of
30    evidence  it  shall  be authenticated by the signature of the
31    Arbitrator designated by the Commission.
32        (b-1)  If the employee  is  not  receiving,  pursuant  to
33    Section 7, medical, surgical or hospital services of the type
34    provided  for  in  paragraph (a) of Section 8 of the Workers'
                            -133-              LRB9002213DJcd
 1    Compensation Act or compensation of the type provided for  in
 2    paragraph  (b) of Section 8 of the Workers' Compensation Act,
 3    the employee, in accordance with Commission Rules, may file a
 4    petition for an emergency hearing by  an  Arbitrator  on  the
 5    issue  of whether or not he is entitled to receive payment of
 6    such compensation or  services  as  provided  therein.   Such
 7    petition  shall  have  priority  over all other petitions and
 8    shall be heard by the  Arbitrator  and  Commission  with  all
 9    convenient speed.
10        Such petition shall contain the following information and
11    shall be served on the employer at least 15 days before it is
12    filed:
13             (i)  the  date  and  approximate  time  of  the last
14        exposure;
15             (ii)  the approximate location of the last exposure;
16             (iii)  a description of the last exposure;
17             (iv)  the nature of the disability incurred  by  the
18        employee;
19             (v)  the  identity  of the person, if known, to whom
20        the disability was reported and the date on which it  was
21        reported;
22             (vi)  the  name  and  title of the person, if known,
23        representing  the  employer  with   whom   the   employee
24        conferred  in  any effort to obtain pursuant to Section 7
25        compensation of the type provided for in paragraph (b) of
26        Section 8 of the Workers' Compensation  Act  or  medical,
27        surgical or hospital services of the type provided for in
28        paragraph  (a)  of Section 8 of the Workers' Compensation
29        Act and the date of such conference;
30             (vii)  a statement that the employer has refused  to
31        pay  compensation  pursuant  to  Section  7  of  the type
32        provided for  in  paragraph  (b)  of  Section  8  of  the
33        Workers'  Compensation  Act  or  for medical, surgical or
34        hospital services pursuant  to  Section  7  of  the  type
                            -134-              LRB9002213DJcd
 1        provided  for  in  paragraph  (a)  of  Section  8  of the
 2        Workers' Compensation Act;
 3             (viii)  the name and  address,  if  known,  of  each
 4        witness  to  the  last  exposure and of each other person
 5        upon  whom  the  employee  will  rely  to   support   his
 6        allegations;
 7             (ix)  the   dates   of   treatment  related  to  the
 8        disability by medical practitioners, and  the  names  and
 9        addresses  of  such practitioners, including the dates of
10        treatment related to the disability at any hospitals  and
11        the  names  and addresses of such hospitals, and a signed
12        authorization permitting  the  employer  to  examine  all
13        medical  records of all practitioners and hospitals named
14        pursuant to this paragraph;
15             (x)  a  copy  of  a  signed  report  by  a   medical
16        practitioner,   relating   to   the   employee's  current
17        inability to return to work  because  of  the  disability
18        incurred  as  a  result  of  the  exposure  or such other
19        documents or affidavits which show that the  employee  is
20        entitled to receive pursuant to Section 7 compensation of
21        the  type  provided  for in paragraph (b) of Section 8 of
22        the Workers' Compensation Act  or  medical,  surgical  or
23        hospital  services  of the type provided for in paragraph
24        (a) of Section 8 of the Workers' Compensation Act.   Such
25        reports,   documents   or   affidavits  shall  state,  if
26        possible, the  history  of  the  exposure  given  by  the
27        employee,   and   describe  the  disability  and  medical
28        diagnosis, the medical services for such disability which
29        the employee has received and is receiving, the  physical
30        activities which the employee cannot currently perform as
31        a  result  of  such  disability,  and  the  prognosis for
32        recovery;
33             (xi)  complete  copies  of  any  reports,   records,
34        documents   and  affidavits  in  the  possession  of  the
                            -135-              LRB9002213DJcd
 1        employee on which the employee will rely to  support  his
 2        allegations,  provided  that  the  employer shall pay the
 3        reasonable cost of reproduction thereof;
 4             (xii)  a list of any reports, records, documents and
 5        affidavits which the employee has  demanded  by  subpoena
 6        and   on   which  he  intends  to  rely  to  support  his
 7        allegations;
 8             (xiii)  a certification signed by  the  employee  or
 9        his  representative  that  the  employer has received the
10        petition with the required  information  15  days  before
11        filing.
12        Fifteen  days  after  receipt  by  the  employer  of  the
13    petition  with the required information the employee may file
14    said petition and required information and shall serve notice
15    of the filing upon the employer.  The  employer  may  file  a
16    motion  addressed  to  the sufficiency of the petition. If an
17    objection has been filed to the sufficiency of the  petition,
18    the  arbitrator  shall rule on the objection within 2 working
19    days.  If such an objection is filed, the time for filing the
20    final  decision  of  the  Commission  as  provided  in   this
21    paragraph shall be tolled until the arbitrator has determined
22    that the petition is sufficient.
23        The  employer  shall, within 15 days after receipt of the
24    notice that such petition is filed, file with the  Commission
25    and  serve  on  the  employee or his representative a written
26    response to each claim set forth in the  petition,  including
27    the  legal and factual basis for each disputed allegation and
28    the  following  information:  (i)  complete  copies  of   any
29    reports,  records, documents and affidavits in the possession
30    of the employer on which the  employer  intends  to  rely  in
31    support of his response, (ii) a list of any reports, records,
32    documents  and  affidavits which the employer has demanded by
33    subpoena and on which the employer intends to rely in support
34    of his response, (iii) the name and address of  each  witness
                            -136-              LRB9002213DJcd
 1    on  whom  the employer will rely to support his response, and
 2    (iv) the names and addresses  of  any  medical  practitioners
 3    selected  by  the employer pursuant to Section 12 of this Act
 4    and the time and place of any  examination  scheduled  to  be
 5    made pursuant to such Section.
 6        Any employer who does not timely file and serve a written
 7    response without good cause may not introduce any evidence to
 8    dispute  any  claim of the employee but may cross examine the
 9    employee or any witness brought by the employee and otherwise
10    be heard.
11        No document or other evidence not  previously  identified
12    by  either party with the petition or written response, or by
13    any other means before the hearing, may  be  introduced  into
14    evidence  without  good  cause.  If, at the hearing, material
15    information is discovered which was not previously disclosed,
16    the Arbitrator may extend the time for closing proof  on  the
17    motion  of  a party for a reasonable period of time which may
18    be more than 30 days. No evidence may be introduced  pursuant
19    to  this  paragraph as to permanent disability.  No award may
20    be  entered  for  permanent  disability  pursuant   to   this
21    paragraph.   Either  party  may  introduce  into evidence the
22    testimony taken by deposition of any medical practitioner.
23        The  Commission  shall  adopt  rules,   regulations   and
24    procedures  whereby  the  final decision of the Commission is
25    filed not later than 90 days from the date the  petition  for
26    review  is filed but in no event later than 180 days from the
27    date the petition for an emergency hearing is filed with  the
28    Industrial Commission.
29        All  service  required  pursuant  to this paragraph (b-1)
30    must be by personal service or by  certified  mail  and  with
31    evidence  of  receipt.  In addition, for the purposes of this
32    paragraph, all  service  on  the  employer  must  be  at  the
33    premises  where  the  accident  occurred  if the premises are
34    owned or operated by the employer.  Otherwise service must be
                            -137-              LRB9002213DJcd
 1    at the  employee's  principal  place  of  employment  by  the
 2    employer.  If  service  on  the  employer  is not possible at
 3    either of the above, then service shall be at the  employer's
 4    principal  place  of  business. After initial service in each
 5    case, service shall be made on  the  employer's  attorney  or
 6    designated representative.
 7        (c) (1)  At  a  reasonable  time  in  advance  of  and in
 8    connection with the hearing under Section 19(e) or 19(h), the
 9    Commission may on its own motion order an impartial  physical
10    or  mental  examination  of  a  petitioner  whose  mental  or
11    physical  condition  is  in  issue,  when in the Commission's
12    discretion  it  appears  that  such   an   examination   will
13    materially  aid  in  the  just determination of the case. The
14    examination shall be made by a member or members of  a  panel
15    of  physicians chosen for their special qualifications by the
16    Illinois  State  Medical  Society.   The   Commission   shall
17    establish  procedures  by which a physician shall be selected
18    from such list.
19        (2)  Should the Commission at any time during the hearing
20    find that compelling considerations make it advisable to have
21    an examination and report at that time, the Commission may in
22    its discretion so order.
23        (3)  A copy of the report of examination shall  be  given
24    to the Commission and to the attorneys for the parties.
25        (4)  Either   party   or  the  Commission  may  call  the
26    examining physician or physicians to testify.  Any  physician
27    so called shall be subject to cross-examination.
28        (5)  The  examination shall be made, and the physician or
29    physicians, if called, shall testify,  without  cost  to  the
30    parties.  The Commission shall determine the compensation and
31    the pay of the physician or physicians. The compensation  for
32    this  service shall not exceed the usual and customary amount
33    for such service.
34        The  fees  and  payment  thereof  of  all  attorneys  and
                            -138-              LRB9002213DJcd
 1    physicians for services authorized by  the  Commission  under
 2    this  Act  shall,  upon request of either the employer or the
 3    employee or the  beneficiary  affected,  be  subject  to  the
 4    review and decision of the Commission.
 5        (d)  If  any  employee  shall  persist  in  insanitary or
 6    injurious practices which tend to either  imperil  or  retard
 7    his  recovery  or  shall  refuse  to  submit to such medical,
 8    surgical, or hospital treatment as is reasonably essential to
 9    promote his recovery, the Commission may, in its  discretion,
10    reduce  or  suspend  the  compensation  of any such employee;
11    provided, that when an employer  and  employee  so  agree  in
12    writing,  the  foregoing  provision shall not be construed to
13    authorize the reduction or suspension of compensation  of  an
14    employee who is relying in good faith, on treatment by prayer
15    or  spiritual  means alone, in accordance with the tenets and
16    practice of a recognized church or religious denomination, by
17    a duly accredited practitioner thereof.
18        (e)  This paragraph shall apply to  all  hearings  before
19    the  Commission.   Such hearings may be held in its office or
20    elsewhere as the Commission may deem advisable.   The  taking
21    of testimony on such hearings may be had before any member of
22    the Commission. If a petition for review and agreed statement
23    of  facts  or  transcript  of  evidence is filed, as provided
24    herein, the Commission shall promptly review the decision  of
25    the  Arbitrator and all questions of law or fact which appear
26    from the statement of facts or transcripts  of  evidence.  In
27    all  cases in which the hearing before the arbitrator is held
28    after the effective date of this amendatory Act of  1989,  no
29    additional evidence shall be introduced by the parties before
30    the  Commission  on review of the decision of the Arbitrator.
31    The Commission shall file in its office its decision thereon,
32    and shall immediately send to each party or  his  attorney  a
33    copy  of such decision and a notification of the time when it
34    was filed. Decisions shall be filed within 60 days after  the
                            -139-              LRB9002213DJcd
 1    Statement  of  Exceptions  and  Supporting Brief and Response
 2    thereto are required to be filed or oral  argument  whichever
 3    is later.
 4        In  the  event  either party requests oral argument, such
 5    argument shall be had before a panel  of  3  members  of  the
 6    Commission  (or  before all available members pursuant to the
 7    determination of  5  members  of  the  Commission  that  such
 8    argument   be  held  before  all  available  members  of  the
 9    Commission) pursuant to the  rules  and  regulations  of  the
10    Commission.   A  panel of 3 members, which shall be comprised
11    of not more than one representative citizen of the  employing
12    class  and  not  more  than one representative citizen of the
13    employee class, shall hear the argument; provided that if all
14    the issues in dispute are solely the nature and extent of the
15    permanent partial disability, if any, a majority of the panel
16    may deny the request for  such  argument  and  such  argument
17    shall not be held; and provided further that 5 members of the
18    Commission may determine that the argument be held before all
19    available  members  of  the  Commission.  A  decision  of the
20    Commission shall be approved by a majority  of  Commissioners
21    present  at such hearing if any; provided, if no such hearing
22    is held, a decision of the Commission shall be approved by  a
23    majority  of  a  panel  of  3  members  of  the Commission as
24    described in this Section. The Commission shall give 10 days'
25    notice to the parties or their  attorneys  of  the  time  and
26    place of such taking of testimony and of such argument.
27        In  any  case  the  Commission in its decision may in its
28    discretion find specially upon any question or  questions  of
29    law  or  facts  which shall be submitted in writing by either
30    party whether ultimate or otherwise; provided that on  issues
31    other  than nature and extent of the disablement, if any, the
32    Commission in its decision  shall  find  specially  upon  any
33    question  or  questions  of  law or fact, whether ultimate or
34    otherwise, which are submitted in writing  by  either  party;
                            -140-              LRB9002213DJcd
 1    provided  further  that not more than 5 such questions may be
 2    submitted by either party. Any  party  may,  within  20  days
 3    after  receipt  of  notice  of  the Commission's decision, or
 4    within such further time,  not  exceeding  30  days,  as  the
 5    Commission  may  grant,  file  with  the Commission either an
 6    agreed statement of the facts appearing upon the hearing, or,
 7    if such  party  shall  so  elect,  a  correct  transcript  of
 8    evidence  of  the additional proceedings presented before the
 9    Commission in which report the party  may  embody  a  correct
10    statement of such other proceedings in the case as such party
11    may  desire  to  have  reviewed,  such  statement of facts or
12    transcript of evidence to be authenticated by  the  signature
13    of the parties or their attorneys, and in the event that they
14    do  not  agree, then the authentication of such transcript of
15    evidence shall be by the  signature  of  any  member  of  the
16    Commission.
17        If   a  reporter  does  not  for  any  reason  furnish  a
18    transcript of the proceedings before the  Arbitrator  in  any
19    case  for  use on a hearing for review before the Commission,
20    within the limitations of time as fixed in this Section,  the
21    Commission  may,  in  its  discretion,  order a trial de novo
22    before the Commission in such case upon application of either
23    party. The applications for adjustment  of  claim  and  other
24    documents  in  the nature of pleadings filed by either party,
25    together with the decisions of  the  Arbitrator  and  of  the
26    Commission  and  the  statement  of  facts  or  transcript of
27    evidence hereinbefore provided for in paragraphs (b) and  (c)
28    shall be the record of the proceedings of the Commission, and
29    shall be subject to review as hereinafter provided.
30        At  the request of either party or on its own motion, the
31    Commission shall set forth in writing  the  reasons  for  the
32    decision,  including findings of fact and conclusions of law,
33    separately stated. The  Commission  shall  by  rule  adopt  a
34    format   for   written   decisions  for  the  Commission  and
                            -141-              LRB9002213DJcd
 1    arbitrators. The written decisions shall be concise and shall
 2    succinctly state the facts and reasons for the decision.  The
 3    Commission may adopt in whole or in part, the decision of the
 4    arbitrator  as  the  decision  of  the  Commission.  When the
 5    Commission does so adopt the decision of the  arbitrator,  it
 6    shall  do so by order. Whenever the Commission adopts part of
 7    the arbitrator's decision, but not all, it shall  include  in
 8    the   order   the   reasons  for  not  adopting  all  of  the
 9    arbitrator's decision. When a  majority  of  a  panel,  after
10    deliberation, has arrived at its decision, the decision shall
11    be  filed  as  provided  in  this Section without unnecessary
12    delay, and without regard to the fact that a  member  of  the
13    panel  has  expressed  an intention to dissent. Any member of
14    the panel may file a dissent.  Any dissent shall be filed  no
15    later  than  10  days  after the decision of the majority has
16    been filed.
17        Decisions rendered by the Commission after the  effective
18    date  of  this  amendatory  Act of 1980 and dissents, if any,
19    shall  be  published  together  by   the   Commission.    The
20    conclusions  of  law  set  out  in  such  decisions  shall be
21    regarded as precedents by arbitrators,  for  the  purpose  of
22    achieving a more uniform administration of this Act.
23        (f)  The  decision  of  the  Commission acting within its
24    powers, according to the provisions of paragraph (e) of  this
25    Section  shall, in the absence of fraud, be conclusive unless
26    reviewed as in this paragraph hereinafter provided.  However,
27    the  Arbitrator  or  the  Commission  may  on  his or its own
28    motion, or  on  the  motion  of  either  party,  correct  any
29    clerical  error or errors in computation within 15 days after
30    the date of receipt of any award by such  Arbitrator  or  any
31    decision  on  review  of  the  Commission, and shall have the
32    power to recall the original award on arbitration or decision
33    on review, and issue in lieu thereof such corrected award  or
34    decision.  Where  such correction is made the time for review
                            -142-              LRB9002213DJcd
 1    herein specified shall begin to run  from  the  date  of  the
 2    receipt of the corrected award or decision.
 3             (1)  Except  in cases of claims against the State of
 4        Illinois, in which case the decision  of  the  Commission
 5        shall  not  be  subject  to  judicial review, the Circuit
 6        Court of the county where any of  the  parties  defendant
 7        may  be  found,  or  if  none of the parties defendant be
 8        found in this State then the Circuit Court of the  county
 9        where  any  of the exposure occurred, shall by summons to
10        the Commission have power to review all questions of  law
11        and fact presented by such record.
12             A proceeding for review shall be commenced within 20
13        days  of  the  receipt  of  notice of the decision of the
14        Commission.  The summons shall be issued by the clerk  of
15        such   court   upon   written  request  returnable  on  a
16        designated return day, not less than 10 or more  than  60
17        days  from  the date of issuance thereof, and the written
18        request shall contain the last  known  address  of  other
19        parties in interest and their attorneys of record who are
20        to  be  served by summons. Service upon any member of the
21        Commission or the Secretary or  the  Assistant  Secretary
22        thereof shall be service upon the Commission, and service
23        upon  other  parties  in  interest and their attorneys of
24        record shall be by summons, and  such  service  shall  be
25        made upon the Commission and other parties in interest by
26        mailing  notices  of  the commencement of the proceedings
27        and the return day of the summons to the  office  of  the
28        Commission  and  to  the last known place of residence of
29        other parties in interest or their attorney or  attorneys
30        of  record.  The  clerk  of the court issuing the summons
31        shall on the day of issue mail notice of the commencement
32        of the proceedings which shall be done by mailing a  copy
33        of  the  summons  to  the office of the Commission, and a
34        copy of the summons to the other parties in  interest  or
                            -143-              LRB9002213DJcd
 1        their  attorney  or  attorneys of record and the clerk of
 2        the court shall make certificate that he has so sent such
 3        notices in pursuance of  this  Section,  which  shall  be
 4        evidence  of  service on the Commission and other parties
 5        in interest.
 6             The Commission shall not be required to certify  the
 7        record  of  their proceedings in the Circuit Court unless
 8        the party commencing the proceedings for  review  in  the
 9        Circuit  Court  as  above  provided,  shall  pay  to  the
10        Commission  the  sum  of  80  cents per page of testimony
11        taken before the Commission, and 35 cents per page of all
12        other  matters  contained  in  such  record,  except   as
13        otherwise provided by Section 20 of this Act. Payment for
14        photostatic copies of exhibit shall be extra. It shall be
15        the  duty of the Commission upon such payment, or failure
16        to pay as permitted under Section  20  of  this  Act,  to
17        prepare  a  true  and  correct  typewritten  copy of such
18        testimony and a  true  and  correct  copy  of  all  other
19        matters  contained in such record and certified to by the
20        Secretary or Assistant Secretary thereof.
21             In its  decision  on  review  the  Commission  shall
22        determine  in  each  particular  case  the  amount of the
23        probable cost of the record to be filed as  a  return  to
24        the summons in that case and no request for a summons may
25        be  filed  and  no  summons  shall issue unless the party
26        seeking to review the decision of  the  Commission  shall
27        exhibit  to  the  clerk  of  the  Circuit  Court proof of
28        payment  by  filing  a  receipt  showing  payment  or  an
29        affidavit of the attorney setting forth that payment  has
30        been  made  of the sums so determined to the Secretary or
31        Assistant Secretary of the Commission.
32             (2)  No such summons  shall  issue  unless  the  one
33        against  whom the Commission shall have rendered an award
34        for the payment of money shall upon  the  filing  of  his
                            -144-              LRB9002213DJcd
 1        written  request  for such summons file with the clerk of
 2        the court  a  bond  conditioned  that  if  he  shall  not
 3        successfully  prosecute the review, he will pay the award
 4        and the costs of the proceedings in the court. The amount
 5        of  the  bond  shall  be  fixed  by  any  member  of  the
 6        Commission and the surety or sureties of the  bond  shall
 7        be  approved by the clerk of the court. The acceptance of
 8        the bond by the  clerk  of  the  court  shall  constitute
 9        evidence of his approval of the bond.
10             Every  county,  city,  town,  township, incorporated
11        village,  school  district,  body  politic  or  municipal
12        corporation  having  a  population  of  500,000  or  more
13        against whom the Commission shall have rendered an  award
14        for  the payment of money shall not be required to file a
15        bond to secure the payment of the award and the costs  of
16        the  proceedings  in  the court to authorize the court to
17        issue such summons.
18             The court may confirm or set aside the  decision  of
19        the  Commission.  If  the  decision  is set aside and the
20        facts found in the proceedings before the Commission  are
21        sufficient,  the  court  may  enter  such  decision as is
22        justified  by  law,  or  may  remand  the  cause  to  the
23        Commission for further  proceedings  and  may  state  the
24        questions  requiring further hearing, and give such other
25        instructions as may be proper.  Appeals shall be taken to
26        the Industrial Commission Division of the Appellate Court
27        in accordance with Supreme Court  Rules  22(g)  and  303.
28        Appeals  shall  be  taken  from the Industrial Commission
29        Division of the Appellate Court to the Supreme  Court  in
30        accordance with Supreme Court Rule 315.
31             It  shall  be  the  duty  of  the clerk of any court
32        rendering a decision affecting or affirming an  award  of
33        the  Commission to promptly furnish the Commission with a
34        copy of such decision, without charge.
                            -145-              LRB9002213DJcd
 1             The decision of a majority of  the  members  of  the
 2        panel of the Commission, shall be considered the decision
 3        of the Commission.
 4        (g)  Except  in  the case of a claim against the State of
 5    Illinois, either party may present a certified  copy  of  the
 6    award  of the Arbitrator, or a certified copy of the decision
 7    of the Commission when the same has  become  final,  when  no
 8    proceedings for review are pending, providing for the payment
 9    of  compensation  according to this Act, to the Circuit Court
10    of the county in which such exposure occurred  or  either  of
11    the  parties are residents, whereupon the court shall enter a
12    judgment in accordance therewith. In case where the  employer
13    refuses  to pay compensation according to such final award or
14    such final decision upon which such judgment is entered,  the
15    court  shall  in  entering  judgment  thereon,  tax  as costs
16    against him the reasonable costs and  attorney  fees  in  the
17    arbitration   proceedings  and  in  the  court  entering  the
18    judgment for the  person  in  whose  favor  the  judgment  is
19    entered,  which  judgment  and costs taxed as herein provided
20    shall, until and unless set aside, have the  same  effect  as
21    though duly entered in an action duly tried and determined by
22    the  court,  and  shall  with  like  effect,  be  entered and
23    docketed. The Circuit Court shall have power at any time upon
24    application  to  make  any  such  judgment  conform  to   any
25    modification  required  by  any  subsequent  decision  of the
26    Supreme Court upon appeal, or as the result of any subsequent
27    proceedings for review, as provided in this Act.
28        Judgment shall not be entered until 15  days'  notice  of
29    the  time  and  place  of  the  application  for the entry of
30    judgment shall be served upon the  employer  by  filing  such
31    notice  with  the Commission, which Commission shall, in case
32    it has on file the address of the employer or  the  name  and
33    address  of  its  agent  upon  whom  notices  may  be served,
34    immediately send a copy of the notice to the employer or such
                            -146-              LRB9002213DJcd
 1    designated agent.
 2        (h)  An agreement or award under this Act  providing  for
 3    compensation  in  installments,  may  at  any  time within 18
 4    months after such agreement  or  award  be  reviewed  by  the
 5    Commission  at  the  request  of  either  the employer or the
 6    employee on the ground that the disability  of  the  employee
 7    has subsequently recurred, increased, diminished or ended.
 8        However,  as  to  disablements  occurring subsequently to
 9    July 1, 1955, which are covered by  any  agreement  or  award
10    under  this  Act  providing  for compensation in installments
11    made as a result of such disablement, such agreement or award
12    may at any time within 30  months  after  such  agreement  or
13    award  be reviewed by the Commission at the request of either
14    the  employer  or  the  employee  on  the  ground  that   the
15    disability   of   the  employee  has  subsequently  recurred,
16    increased, diminished or ended. Compensation for the purposes
17    of this subsection shall include temporary  total  disability
18    benefits  payable  under  subsection  (b)  of  Section 8.  An
19    employee  whose   disability   recurs,   increases,   or   is
20    re-established  after the issuance of an award or decision of
21    an Arbitrator or  the  Commission  for  permanent  disability
22    benefits  under  Section  8  of  this Act shall not under any
23    circumstances  be  barred  from  receiving  temporary,  total
24    disability compensation benefits for any periods of temporary
25    total incapacity for work under subsection (b) of  Section  8
26    even  if  those periods occur after the award or decision and
27    even if the recurrence of the disability  does  not  increase
28    the permanent disability already awarded.
29        On    such    review   compensation   payments   may   be
30    re-established,   increased,   diminished   or   ended.   The
31    Commission shall give 15 days' notice to the parties  of  the
32    hearing  for review. Any employee, upon any petition for such
33    review being filed by the employer, shall be entitled to  one
34    day's  notice  for each 100 miles necessary to be traveled by
                            -147-              LRB9002213DJcd
 1    him in attending the  hearing  of  the  Commission  upon  the
 2    petition,  and  3  days  in  addition  thereto. Such employee
 3    shall, at the discretion of the Commission, also be  entitled
 4    to  5  cents  per mile necessarily traveled by him within the
 5    State of Illinois in attending such hearing, not to exceed  a
 6    distance of 300 miles, to be taxed by the Commission as costs
 7    and deposited with the petition of the employer.
 8        When  compensation which is payable in accordance with an
 9    award or settlement contract approved by the  Commission,  is
10    ordered paid in a lump sum by the Commission, no review shall
11    be had as in this paragraph mentioned.
12        (i)  Each  party,  upon  taking  any proceedings or steps
13    whatsoever before any Arbitrator, Commission or court,  shall
14    file with the Commission his address, or the name and address
15    of  any agent upon whom all notices to be given to such party
16    shall be served, either personally  or  by  registered  mail,
17    addressed to such party or agent at the last address so filed
18    with  the  Commission.  In the event such party has not filed
19    his address, or the name and address of  an  agent  as  above
20    provided,  service  of  any  notice may be had by filing such
21    notice with the Commission.
22        (j)  Whenever in any proceeding testimony has been  taken
23    or  a  final decision has been rendered, and after the taking
24    of such testimony or after such decision  has  become  final,
25    the  employee dies, then in any subsequent proceeding brought
26    by  the  personal  representative  or  beneficiaries  of  the
27    deceased employee, such testimony in  the  former  proceeding
28    may  be  introduced  with the same force and effect as though
29    the witness having so testified were  present  in  person  in
30    such  subsequent proceedings and such final decision, if any,
31    shall be taken as final adjudication of  any  of  the  issues
32    which are the same in both proceedings.
33        (k)  In any case where there has been any unreasonable or
34    vexatious  delay  of  payment  or intentional underpayment of
                            -148-              LRB9002213DJcd
 1    compensation, or proceedings have been instituted or  carried
 2    on  by  one  liable  to  pay  the  compensation, which do not
 3    present a real controversy, but are merely frivolous  or  for
 4    delay,  then the Commission may award compensation additional
 5    to that otherwise payable under this Act equal to 50% of  the
 6    amount  payable  at  the  time  of such award. Failure to pay
 7    compensation in accordance with the provisions of Section  8,
 8    paragraph  (b)  of this Act, shall be considered unreasonable
 9    delay.
10        (k-1)  In any case where the employer  or  his  insurance
11    carrier  shall  without  good  and  just cause fail, neglect,
12    refuse or delay the payment of any benefits  due  under  this
13    Act  to  an  employee  the arbitrator or the Commission shall
14    allow to the employee additional benefits in the sum  of  $50
15    per  day  for  each  day  that  the benefits were withheld or
16    refused, provided that such additional compensation shall not
17    exceed the sum of $10,000 or 50% of the  benefits,  whichever
18    is  greater.   In  addition,  the  arbitrator or commissioner
19    shall assess attorney's fees and costs against  the  employer
20    and  his insurance carrier.  A delay in payment of 14 days or
21    more shall create a rebuttable  presumption  of  unreasonable
22    delay.
23        (l)  By the 15th day of each month each insurer providing
24    coverage  for losses under this Act shall notify each insured
25    employer  of  any  compensable  claim  incurred  during   the
26    preceding month and the amounts paid or reserved on the claim
27    including a summary of the claim and a brief statement of the
28    reasons  for  compensability.   A  cumulative  report  of all
29    claims incurred during a calendar year or continued from  the
30    previous  year  shall be furnished to the insured employer by
31    the insurer within 30 days after the  end  of  that  calendar
32    year.
33        The  insured employer may challenge, in proceeding before
34    the  Commission,  payments  made  by  the   insurer   without
                            -149-              LRB9002213DJcd
 1    arbitration  and  payments made after a case is determined to
 2    be noncompensable.  If the Commission finds that the case was
 3    not compensable, the insurer shall purge its  records  as  to
 4    that  employer  of  any  loss  or expense associated with the
 5    claim, reimburse the employer for attorneys fee arising  from
 6    the challenge and for any payment required of the employer to
 7    the  Rate  Adjustment Fund or the Second Injury Fund, and may
 8    not effect the loss or expense for rate making purposes.  The
 9    employee shall not  be  required  to  refund  the  challenged
10    payment.   The  decision of the Commission may be reviewed in
11    the same manner as in arbitrated cases.  No challenge may  be
12    initiated  under  this  paragraph more than 3 years after the
13    payment  is  made.   An  employer  may  waive  the  right  of
14    challenge under this paragraph on a case by case basis.
15        (m)  After filing an application for adjustment of  claim
16    but  prior  to  the  hearing  on  arbitration the parties may
17    voluntarily agree to submit such application  for  adjustment
18    of  claim for decision by an arbitrator under this subsection
19    (m) where such application for  adjustment  of  claim  raises
20    only  a  dispute  over  temporary total disability, permanent
21    partial disability or medical expenses.  Such agreement shall
22    be in writing in such form as  provided  by  the  Commission.
23    Applications  for  adjustment of claim submitted for decision
24    by an arbitrator under  this  subsection  (m)  shall  proceed
25    according  to  rule  as  established  by the Commission.  The
26    Commission shall promulgate rules including, but not  limited
27    to,  rules to ensure that the parties are adequately informed
28    of  their  rights  under  this  subsection  (m)  and  of  the
29    voluntary nature of proceedings under  this  subsection  (m).
30    The  findings of fact made by an arbitrator acting within his
31    or her powers under this subsection (m)  in  the  absence  of
32    fraud  shall  be  conclusive.  However, the arbitrator may on
33    his own motion, or the motion of either  party,  correct  any
34    clerical errors or errors in computation within 15 days after
                            -150-              LRB9002213DJcd
 1    the date of receipt of such award of the arbitrator and shall
 2    have  the  power to recall the original award on arbitration,
 3    and issue in lieu thereof such corrected award. The  decision
 4    of   the  arbitrator  under  this  subsection  (m)  shall  be
 5    considered the decision of the Commission and proceedings for
 6    review of questions of law arising from the decision  may  be
 7    commenced  by  either  party  pursuant  to  subsection (f) of
 8    Section 19.  The Advisory  Board  established  under  Section
 9    13.1 of the Workers' Compensation Act shall compile a list of
10    certified  Commission  arbitrators,  each  of  whom  shall be
11    approved by at least 7 members of the  Advisory  Board.   The
12    chairman  shall  select  5 persons from such list to serve as
13    arbitrators under this subsection  (m).   By  agreement,  the
14    parties  shall select one arbitrator from among the 5 persons
15    selected by the chairman except, that if the parties  do  not
16    agree  on an arbitrator from among the 5 persons, the parties
17    may, by agreement,  select  an  arbitrator  of  the  American
18    Arbitration Association, whose fee shall be paid by the State
19    in  accordance  with  rules  promulgated  by  the Commission.
20    Arbitration under this subsection (m) shall be voluntary.
21    (Source: P.A. 86-998; 87-435.)
                            -151-              LRB9002213DJcd
 1                                INDEX
 2               Statutes amended in order of appearance
 3    805 ILCS 5/2.10           from Ch. 32, par. 2.10
 4    805 ILCS 5/2.15           from Ch. 32, par. 2.15
 5    820 ILCS 305/1            from Ch. 48, par. 138.1
 6    820 ILCS 305/3a new
 7    820 ILCS 305/4            from Ch. 48, par. 138.4
 8    820 ILCS 305/4a-10 new
 9    820 ILCS 305/5            from Ch. 48, par. 138.5
10    820 ILCS 305/6            from Ch. 48, par. 138.6
11    820 ILCS 305/7            from Ch. 48, par. 138.7
12    820 ILCS 305/8            from Ch. 48, par. 138.8
13    820 ILCS 305/8a new
14    820 ILCS 320/8b new
15    820 ILCS 305/8c new
16    820 ILCS 305/8d new
17    820 ILCS 305/10           from Ch. 48, par. 138.10
18    820 ILCS 305/16           from Ch. 48, par. 138.16
19    820 ILCS 305/16b new
20    820 ILCS 305/16c new
21    820 ILCS 305/16d new
22    820 ILCS 305/16e new
23    820 ILCS 305/16f new
24    820 ILCS 305/19           from Ch. 48, par. 138.19
25    820 ILCS 310/1            from Ch. 48, par. 172.36
26    820 ILCS 310/4            from Ch. 48, par. 172.39
27    820 ILCS 310/4c new
28    820 ILCS 310/6            from Ch. 48, par. 172.41
29    820 ILCS 310/7            from Ch. 48, par. 172.42
30    820 ILCS 310/8            from Ch. 48, par. 172.43
31    820 ILCS 310/16b new
32    820 ILCS 310/16c new
33    820 ILCS 310/16d new
34    820 ILCS 310/16e new
                            -152-              LRB9002213DJcd
 1    820 ILCS 310/16f new
 2    820 ILCS 310/19           from Ch. 48, par. 172.54

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