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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 Actonly with respect to23claims 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:, and7 (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 employeenext of kin or to the person or14persons 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. 29A duly appointed member of a fire department in a city,30the population of which exceeds 200,000 according to the last31federal or State census, is eligible for compensation under32this paragraph only where such serious and permanent33disfigurement 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 compensationexcept in cases compensatedunder thespecific6 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 planexcluding 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 of33unreasonable or vexatious delay, intentional under-payment of34compensation benefits, or has engaged in frivolous defenses-80- LRB9002213DJcd 1which do not present a real controversy, within the purview2of 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 orunreasonablydelay the payment of any benefits due 3 under Section 8 of this Actweekly compensation benefits due4 to an injured employee,during the period of temporary total5disabilitythe arbitrator or the Commission shall allow to 6 the employee additional benefitscompensationin the sum of 7 $100$10per day for each day that the benefits werea weekly8compensation payment has been sowithheld 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. 3Interest shall be drawn from the date of the arbitrator's4award on all accrued compensation due the employee through5the day prior to the date of payments. However, when an6employee appeals an award of an Arbitrator or the Commission,7and the appeal results in no change or a decrease in the8award, interest shall not further accrue from the date of9such 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 exposedduring a period of1660 days or more after the effective date of this Act, to the17hazard of such occupational disease, and, in such cases, an18exposure during a period of less than 60 days, after the19effective date of this Act, shall not be deemed a last20exposure. 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 account26of any occupational disease unless disablement, as herein27defined, occurs within two years after the last day of the28last exposure to the hazards of the disease, except in cases29of occupational disease caused by berylliosis or by the30inhalation of silica dust or asbestos dust and, in such31cases, within 3 years after the last day of the last exposure32to the hazards of such disease and except in the case of33occupational disease caused by exposure to radiological34materials or equipment, and in such case, within 25 years-110- LRB9002213DJcd 1after the last day of last exposure to the hazards of such2disease.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 2disablement arising froman 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 sustainedof 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 sustainedthe employee was last exposedwhere 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 fromoccurring within 25 years from the21lastexposure 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 26where applicableshall begin to run from the date it becomes 27 reasonably discoverable and apparent that a compensable and 28 disabling occupational disease has been sustainedof29disablement 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 ofSection 8,8paragraph (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