State of Illinois
92nd General Assembly
Legislation

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[ Introduced ]


92_HB0030eng

HB0030 Engrossed                               LRB9200976WHcs

 1        AN ACT to amend the Workers' Compensation Act by changing
 2    Section 8.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Workers' Compensation Act is  amended  by
 6    changing Section 8 as follows:

 7        (820 ILCS 305/8) (from Ch. 48, par. 138.8)
 8        Sec.  8.   The amount of compensation which shall be paid
 9    to the employee for an accidental  injury  not  resulting  in
10    death is:
11        (a)  The  employer  shall  provide  and  pay  for all the
12    necessary first aid, medical and surgical services,  and  all
13    necessary  medical, surgical and hospital services thereafter
14    incurred, limited,  however,  to  that  which  is  reasonably
15    required   to  cure  or  relieve  from  the  effects  of  the
16    accidental injury. The employer shall also pay for treatment,
17    instruction and training necessary for the  physical,  mental
18    and  vocational rehabilitation of the employee, including all
19    maintenance costs and expenses incidental thereto.  If  as  a
20    result   of   the   injury  the  employee  is  unable  to  be
21    self-sufficient the  employer  shall  further  pay  for  such
22    maintenance or institutional care as shall be required.
23        The  employee  may  at  any  time elect to secure his own
24    physician, surgeon and hospital services  at  the  employer's
25    expense, or,
26        Upon agreement between the employer and the employees, or
27    the  employees'  exclusive representative, and subject to the
28    approval of the Industrial  Commission,  the  employer  shall
29    maintain  a  list  of  physicians,  to be known as a Panel of
30    Physicians, who are accessible to the employees. The employer
31    shall post this list in a place or places  easily  accessible
 
HB0030 Engrossed            -2-                LRB9200976WHcs
 1    to  his employees.  The employee shall have the right to make
 2    an alternative choice of physician from such Panel if  he  is
 3    not  satisfied with the physician first selected.  If, due to
 4    the nature of the injury or  its  occurrence  away  from  the
 5    employer's  place of business, the employee is unable to make
 6    a selection from the Panel, the selection  process  from  the
 7    Panel shall not apply.  The physician selected from the Panel
 8    may   arrange   for   any  consultation,  referral  or  other
 9    specialized  medical  services  outside  the  Panel  at   the
10    employer's   expense.   Provided   that,  in  the  event  the
11    Commission shall find that a doctor selected by the  employee
12    is  rendering improper or inadequate care, the Commission may
13    order the employee to  select  another  doctor  certified  or
14    qualified  in  the  medical  field  for  which  treatment  is
15    required.   If  the  employee refuses to make such change the
16    Commission may relieve the employer of his obligation to  pay
17    the  doctor's charges from the date of refusal to the date of
18    compliance.
19        Every  hospital,  physician,  surgeon  or  other   person
20    rendering  treatment  or  services  in  accordance  with  the
21    provisions of this Section shall upon written request furnish
22    full  and  complete  reports  thereof  to,  and  permit their
23    records to be copied by, the employer, the  employee  or  his
24    dependents,  as  the  case  may be, or any other party to any
25    proceeding for compensation before the Commission,  or  their
26    attorneys.
27        Notwithstanding  the  foregoing, the employer's liability
28    to pay for such medical services  selected  by  the  employee
29    shall be limited to:
30             (1)  all first aid and emergency treatment; plus
31             (2)  all  medical,  surgical  and  hospital services
32        provided by the physician, surgeon or hospital  initially
33        chosen  by  the  employee  or  by  any  other  physician,
34        consultant,  expert,  institution  or  other  provider of
 
HB0030 Engrossed            -3-                LRB9200976WHcs
 1        services recommended by said initial service provider  or
 2        any  subsequent provider of medical services in the chain
 3        of referrals from said initial service provider; plus
 4             (3)  all medical,  surgical  and  hospital  services
 5        provided  by  any  second  physician, surgeon or hospital
 6        subsequently chosen by  the  employee  or  by  any  other
 7        physician,   consultant,  expert,  institution  or  other
 8        provider of services recommended by said  second  service
 9        provider  or  any subsequent provider of medical services
10        in the  chain  of  referrals  from  said  second  service
11        provider.  Thereafter  the  employer shall select and pay
12        for  all  necessary  medical,   surgical   and   hospital
13        treatment  and  the employee may not select a provider of
14        medical services at the  employer's  expense  unless  the
15        employer  agrees  to  such  selection.  At  any  time the
16        employee may obtain any medical treatment he  desires  at
17        his own expense. This paragraph shall not affect the duty
18        to pay for rehabilitation referred to above.
19        When  an  employer  and  employee  so  agree  in writing,
20    nothing in this Act prevents  an  employee  whose  injury  or
21    disability  has been established under this Act, from relying
22    in good faith, on treatment  by  prayer  or  spiritual  means
23    alone,  in  accordance  with  the  tenets  and  practice of a
24    recognized  church  or  religious  denomination,  by  a  duly
25    accredited practitioner thereof, and having nursing  services
26    appropriate  therewith,  without suffering loss or diminution
27    of the compensation benefits under  this  Act.  However,  the
28    employee  shall  submit to all physical examinations required
29    by this Act.  The cost of such  treatment  and  nursing  care
30    shall  be  paid by the employee unless the employer agrees to
31    make such payment.
32        Where the accidental injury results in the amputation  of
33    an  arm,  hand, leg or foot, or the enucleation of an eye, or
34    the loss of any of the  natural  teeth,  the  employer  shall
 
HB0030 Engrossed            -4-                LRB9200976WHcs
 1    furnish  an artificial of any such members lost or damaged in
 2    accidental injury  arising  out  of  and  in  the  course  of
 3    employment,  and  shall  also furnish the necessary braces in
 4    all proper and necessary cases.  In cases of the  loss  of  a
 5    member or members by amputation, the employer shall, whenever
 6    necessary,  maintain  in  good  repair,  refit or replace the
 7    artificial limbs during the lifetime of the employee.   Where
 8    the  accidental injury accompanied by physical injury results
 9    in damage to a denture, eye glasses or contact eye lenses, or
10    where  the  accidental  injury  results  in  damage   to   an
11    artificial  member, the employer shall replace or repair such
12    denture, glasses, lenses, or artificial member.
13        The furnishing by the employer of any  such  services  or
14    appliances  is  not  an admission of liability on the part of
15    the employer to pay compensation.
16        The furnishing of any such services or appliances or  the
17    servicing  thereof  by  the  employer  is  not the payment of
18    compensation.
19        The  provider   of   any   services,   treatment,   care,
20    instruction, training, or appliances or other tangible things
21    for  which  an employer is responsible for payment under this
22    subsection (a) agrees to  be  bound  by  charges  or  payment
23    levels  allowed by the Industrial Commission, and any dispute
24    regarding the reasonableness of a  fee,  charge,  or  payment
25    level shall be resolved in accordance with Section 16 of this
26    Act  or Section 16 of the Workers' Occupational Diseases Act.
27    Neither the provider nor an employer or insurance carrier may
28    seek payment from the employee if the employer is responsible
29    for payment under this subsection (a).
30        (b)  If the period of temporary total incapacity for work
31    lasts more  than  3  working  days,  weekly  compensation  as
32    hereinafter  provided  shall be paid beginning on the 4th day
33    of such temporary total incapacity and continuing as long  as
34    the  total  temporary  incapacity  lasts.  In cases where the
 
HB0030 Engrossed            -5-                LRB9200976WHcs
 1    temporary total incapacity for work continues for a period of
 2    14 days or more from the day  of  the  accident  compensation
 3    shall commence on the day after the accident.
 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;
 
HB0030 Engrossed            -6-                LRB9200976WHcs
 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:
 
HB0030 Engrossed            -7-                LRB9200976WHcs
 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
 
HB0030 Engrossed            -8-                LRB9200976WHcs
 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
 
HB0030 Engrossed            -9-                LRB9200976WHcs
 1        covered  industries  under the Unemployment Insurance Act
 2        and the Industrial Commission shall on the  15th  day  of
 3        January,  1978  and  on the 15th day of July, 1978 and on
 4        the 15th day of  each  January  and  July  of  each  year
 5        thereafter,  post  and publish the State's average weekly
 6        wage  in  covered  industries  under   the   Unemployment
 7        Insurance  Act  as  last  determined and published by the
 8        Department of Employment Security.  The  amount  when  so
 9        posted  and  published  shall  be conclusive and shall be
10        applicable as the basis of  computation  of  compensation
11        rates   until   the   next  posting  and  publication  as
12        aforesaid.
13             7.  The payment of compensation by  an  employer  or
14        his  insurance  carrier  to an injured employee shall not
15        constitute an admission of the  employer's  liability  to
16        pay compensation.
17        (c)  For  any  serious and permanent disfigurement to the
18    hand, head, face, neck, arm, leg below the knee or the  chest
19    above   the  axillary  line,  the  employee  is  entitled  to
20    compensation for such disfigurement, the amount determined by
21    agreement at any time or by arbitration under this Act, at  a
22    hearing  not  less  than  6  months  after  the  date  of the
23    accidental injury, which amount shall not exceed 150 weeks at
24    the applicable rate provided in subparagraph 2.1 of paragraph
25    (b) of this Section.
26        No compensation is payable  under  this  paragraph  where
27    compensation  is  payable under paragraphs (d), (e) or (f) of
28    this Section.
29        A duly appointed member of a fire department in  a  city,
30    the population of which exceeds 200,000 according to the last
31    federal  or  State census, is eligible for compensation under
32    this  paragraph  only  where  such  serious   and   permanent
33    disfigurement results from burns.
34        (d) 1.  If,   after   the   accidental  injury  has  been
 
HB0030 Engrossed            -10-               LRB9200976WHcs
 1    sustained, the employee as a result thereof becomes partially
 2    incapacitated from pursuing his usual and customary  line  of
 3    employment,  he  shall, except in cases compensated under the
 4    specific schedule set forth in paragraph (e) of this Section,
 5    receive compensation for  the  duration  of  his  disability,
 6    subject  to  the  limitations  as to maximum amounts fixed in
 7    paragraph (b) of  this  Section,  equal  to  66-2/3%  of  the
 8    difference  between the average amount which he would be able
 9    to earn  in  the  full  performance  of  his  duties  in  the
10    occupation  in  which  he  was  engaged  at  the  time of the
11    accident and the average amount which he  is  earning  or  is
12    able  to  earn  in some suitable employment or business after
13    the accident.
14        2.  If,  as  a  result  of  the  accident,  the  employee
15    sustains  serious  and  permanent  injuries  not  covered  by
16    paragraphs (c) and (e) of this Section  or  having  sustained
17    injuries  covered by the aforesaid paragraphs (c) and (e), he
18    shall have sustained in addition thereto other injuries which
19    injuries do not incapacitate him from pursuing the duties  of
20    his  employment  but  which  would  disable him from pursuing
21    other suitable occupations, or which have otherwise  resulted
22    in   physical  impairment;  or  if  such  injuries  partially
23    incapacitate him from pursuing the duties of  his  usual  and
24    customary  line  of  employment  but  do  not  result  in  an
25    impairment  of  earning  capacity,  or  having resulted in an
26    impairment of earning capacity, the employee elects to  waive
27    his  right  to  recover under the foregoing subparagraph 1 of
28    paragraph (d) of this Section then in any  of  the  foregoing
29    events,  he  shall  receive  in  addition to compensation for
30    temporary  total  disability  under  paragraph  (b)  of  this
31    Section, compensation at the rate  provided  in  subparagraph
32    2.1  of  paragraph (b) of this Section for that percentage of
33    500 weeks that the  partial  disability  resulting  from  the
34    injuries covered by this paragraph bears to total disability.
 
HB0030 Engrossed            -11-               LRB9200976WHcs
 1    If  the  employee  shall  have sustained a fracture of one or
 2    more vertebra  or  fracture  of  the  skull,  the  amount  of
 3    compensation  allowed  under  this  Section shall be not less
 4    than 6 weeks for a fractured  skull  and  6  weeks  for  each
 5    fractured  vertebra, and in the event the employee shall have
 6    sustained a fracture of any of the  following  facial  bones:
 7    nasal,   lachrymal,   vomer,  zygoma,  maxilla,  palatine  or
 8    mandible, the  amount  of  compensation  allowed  under  this
 9    Section  shall  be  not  less  than  2  weeks  for  each such
10    fractured bone, and for a fracture of each transverse process
11    not less than 3 weeks.  In  the  event  such  injuries  shall
12    result in the loss of a kidney, spleen or lung, the amount of
13    compensation  allowed  under  this  Section shall be not less
14    than 10 weeks for  each  such  organ.   Compensation  awarded
15    under  this  subparagraph 2 shall not take into consideration
16    injuries covered under paragraphs (c) and (e) of this Section
17    and the compensation provided in  this  paragraph  shall  not
18    affect  the  employee's  right  to compensation payable under
19    paragraphs  (b),  (c)  and  (e)  of  this  Section  for   the
20    disabilities therein covered.
21        (e)  For  accidental  injuries in the following schedule,
22    the employee shall receive compensation  for  the  period  of
23    temporary  total  incapacity  for  work  resulting  from such
24    accidental injury, under subparagraph 1 of paragraph  (b)  of
25    this   Section,   and   shall  receive  in  addition  thereto
26    compensation for a  further  period  for  the  specific  loss
27    herein  mentioned,  but  shall  not  receive any compensation
28    under any other  provisions  of  this  Act.    The  following
29    listed  amounts  apply to either the loss of or the permanent
30    and complete loss  of  use  of  the  member  specified,  such
31    compensation for the length of time as follows:
32             1.  Thumb-70 weeks.
33             2.  First, or index finger-40 weeks.
34             3.  Second, or middle finger-35 weeks.
 
HB0030 Engrossed            -12-               LRB9200976WHcs
 1             4.  Third, or ring finger-25 weeks.
 2             5.  Fourth, or little finger-20 weeks.
 3             6.  Great toe-35 weeks.
 4             7.  Each toe other than great toe-12 weeks.
 5             8.  The  loss  of the first or distal phalanx of the
 6        thumb or of any finger or toe shall be considered  to  be
 7        equal  to  the  loss of one-half of such thumb, finger or
 8        toe and the compensation payable shall be one-half of the
 9        amount above  specified.   The  loss  of  more  than  one
10        phalanx  shall  be  considered  as the loss of the entire
11        thumb, finger or  toe.   In  no  case  shall  the  amount
12        received  for  more  than  one  finger  exceed the amount
13        provided in this schedule for the loss of a hand.
14             9.  Hand-190 weeks.  The loss of 2 or  more  digits,
15        or  one  or more phalanges of 2 or more digits, of a hand
16        may be compensated on the basis of partial loss of use of
17        a hand, provided, further, that the loss of 4 digits,  or
18        the  loss  of  use  of  4  digits, in the same hand shall
19        constitute the  complete loss of a hand.
20             10.  Arm-235  weeks.   Where  an  accidental  injury
21        results in the amputation of an arm below the elbow, such
22        injury shall be compensated as a loss of an  arm.   Where
23        an  accidental injury results in the amputation of an arm
24        above the elbow, compensation for an additional 15  weeks
25        shall be paid, except where the accidental injury results
26        in  the amputation of an arm at the shoulder joint, or so
27        close to shoulder joint that an artificial arm cannot  be
28        used,  or results in the disarticulation of an arm at the
29        shoulder  joint,  in  which  case  compensation  for   an
30        additional 65 weeks shall be paid.
31             11.  Foot-155 weeks.
32             12.  Leg-200  weeks.   Where  an  accidental  injury
33        results  in  the amputation of a leg below the knee, such
34        injury shall be compensated as loss of a  leg.  Where  an
 
HB0030 Engrossed            -13-               LRB9200976WHcs
 1        accidental  injury  results  in  the  amputation of a leg
 2        above the knee, compensation for an additional  25  weeks
 3        shall be paid, except where the accidental injury results
 4        in  the amputation of a leg at the hip joint, or so close
 5        to the hip joint that an artificial leg cannot  be  used,
 6        or  results  in  the  disarticulation of a leg at the hip
 7        joint, in which case compensation for  an  additional  75
 8        weeks shall be paid.
 9             13.  Eye-150  weeks.   Where  an  accidental  injury
10        results in the enucleation of an eye, compensation for an
11        additional 10 weeks shall be paid.
12             14.  Loss  of hearing of one ear-50 weeks; total and
13        permanent loss of hearing of both ears-200 weeks.
14             15.  Testicle-50 weeks; both testicles-150 weeks.
15             16.  For the permanent partial  loss  of  use  of  a
16        member  or  sight  of  an  eye,  or  hearing  of  an ear,
17        compensation during that  proportion  of  the  number  of
18        weeks  in the foregoing schedule provided for the loss of
19        such member or sight of an eye, or  hearing  of  an  ear,
20        which  the partial loss of use thereof bears to the total
21        loss of use of such member, or sight of eye,  or  hearing
22        of an ear.
23                  (a)  Loss  of hearing for compensation purposes
24             shall be confined to the frequencies of 1,000, 2,000
25             and 3,000 cycles per second. Loss of hearing ability
26             for frequency tones above 3,000  cycles  per  second
27             are  not to be considered as constituting disability
28             for hearing.
29                  (b)  The percent of hearing loss, for  purposes
30             of  the  determination  of  compensation  claims for
31             occupational deafness, shall be  calculated  as  the
32             average  in  decibels  for the thresholds of hearing
33             for the frequencies of 1,000, 2,000 and 3,000 cycles
34             per second. Pure  tone  air  conduction  audiometric
 
HB0030 Engrossed            -14-               LRB9200976WHcs
 1             instruments,   approved   by  nationally  recognized
 2             authorities  in  this  field,  shall  be  used   for
 3             measuring  hearing  loss.  If  the losses of hearing
 4             average 30 decibels or less in  the  3  frequencies,
 5             such losses of hearing shall not then constitute any
 6             compensable  hearing  disability.  If  the losses of
 7             hearing  average  85  decibels  or  more  in  the  3
 8             frequencies, then the same shall constitute  and  be
 9             total or 100% compensable hearing loss.
10                  (c)  In   measuring   hearing  impairment,  the
11             lowest measured losses in each of the 3  frequencies
12             shall   be  added  together  and  divided  by  3  to
13             determine  the  average  decibel  loss.  For   every
14             decibel  of  loss exceeding 30 decibels an allowance
15             of 1.82% shall be made up to  the  maximum  of  100%
16             which is reached at 85 decibels.
17                  (d)  If  a  hearing loss is established to have
18             existed on July 1, 1975 by audiometric  testing  the
19             employer  shall  not be liable for the previous loss
20             so established nor shall he be liable for  any  loss
21             for which compensation has been paid or awarded.
22                  (e)  No  consideration  shall  be  given to the
23             question  of  whether  or  not  the  ability  of  an
24             employee to understand speech is improved by the use
25             of a hearing aid.
26                  (f)  No  claim  for  loss  of  hearing  due  to
27             industrial  noise  shall  be  brought   against   an
28             employer  or  allowed  unless  the employee has been
29             exposed for a period of  time  sufficient  to  cause
30             permanent  impairment  to  noise levels in excess of
31             the following:
32                  Sound Level DBA
33                   Slow Response              Hours Per Day
34                        90                          8
 
HB0030 Engrossed            -15-               LRB9200976WHcs
 1                        92                          6
 2                        95                          4
 3                        97                          3
 4                        100                         2
 5                        102                       1-1/2
 6                        105                         1
 7                        110                        1/2
 8                        115                        1/4
 9             This subparagraph (f) shall not be applied in  cases
10        of hearing loss resulting from trauma or explosion.
11             17.  In computing the compensation to be paid to any
12        employee  who,  before  the  accident for which he claims
13        compensation, had before that time  sustained  an  injury
14        resulting  in  the  loss by amputation or partial loss by
15        amputation of any member, including hand, arm,  thumb  or
16        fingers, leg, foot or any toes, such loss or partial loss
17        of  any such member shall be deducted from any award made
18        for the subsequent injury.  For the permanent loss of use
19        or the permanent partial loss of use of any  such  member
20        or  the  partial  loss  of  sight  of  an  eye, for which
21        compensation has been paid, then such loss shall be taken
22        into consideration and deducted from any  award  for  the
23        subsequent injury.
24             18.  The  specific  case of loss of both hands, both
25        arms, or both feet, or both legs, or both eyes, or of any
26        two thereof, or the permanent and complete  loss  of  the
27        use  thereof, constitutes total and permanent disability,
28        to be compensated according to the compensation fixed  by
29        paragraph  (f)  of this Section.  These specific cases of
30        total and  permanent  disability  do  not  exclude  other
31        cases.
32             Any employee who has previously suffered the loss or
33        permanent  and  complete  loss  of the use of any of such
34        members, and in a subsequent independent  accident  loses
 
HB0030 Engrossed            -16-               LRB9200976WHcs
 1        another or suffers the permanent and complete loss of the
 2        use  of any one of such members the employer for whom the
 3        injured employee is working  at  the  time  of  the  last
 4        independent  accident  is liable to pay compensation only
 5        for the loss or permanent and complete loss of the use of
 6        the member occasioned by the last independent accident.
 7             19.  In a case of specific loss and  the  subsequent
 8        death  of  such  injured  employee from other causes than
 9        such injury leaving  a  widow,  widower,  or   dependents
10        surviving  before  payment  or  payment  in full for such
11        injury, then the amount due for such injury is payable to
12        the widow or  widower  and,  if  there  be  no  widow  or
13        widower, then to such dependents, in the proportion which
14        such dependency bears to total dependency.
15        Beginning  July  1,  1980, and every 6 months thereafter,
16    the Commission shall examine the Second Injury Fund and when,
17    after deducting all advances or loans made to such Fund,  the
18    amount  therein  is  $500,000  then the amount required to be
19    paid by employers pursuant to  paragraph  (f)  of  Section  7
20    shall  be  reduced  by  one-half. When the Second Injury Fund
21    reaches the sum of $600,000 then  the  payments  shall  cease
22    entirely.    However,  when  the  Second Injury Fund has been
23    reduced to $400,000,  payment  of  one-half  of  the  amounts
24    required  by  paragraph (f) of Section 7 shall be resumed, in
25    the manner herein provided, and when the Second  Injury  Fund
26    has  been  reduced  to  $300,000, payment of the full amounts
27    required by paragraph (f) of Section 7 shall be  resumed,  in
28    the  manner  herein  provided.  The Commission shall make the
29    changes in  payment  effective  by  general  order,  and  the
30    changes in payment become immediately effective for all cases
31    coming  before the Commission thereafter either by settlement
32    agreement or final order, irrespective of  the  date  of  the
33    accidental injury.
34        On  August 1, 1996 and on February 1 and August 1 of each
 
HB0030 Engrossed            -17-               LRB9200976WHcs
 1    subsequent year, the Commission  shall  examine  the  special
 2    fund designated as the "Rate Adjustment Fund" and when, after
 3    deducting all advances or loans made to said fund, the amount
 4    therein  is  $4,000,000,  the  amount  required to be paid by
 5    employers pursuant to paragraph (f) of  Section  7  shall  be
 6    reduced  by  one-half.  When the Rate Adjustment Fund reaches
 7    the  sum  of  $5,000,000  the  payment  therein  shall  cease
 8    entirely.  However, when said Rate Adjustment Fund  has  been
 9    reduced  to  $3,000,000 the amounts required by paragraph (f)
10    of Section 7 shall be resumed in the manner herein provided.
11        (f)  In case of complete disability,  which  renders  the
12    employee  wholly and permanently incapable of work, or in the
13    specific case of total and permanent disability  as  provided
14    in   subparagraph  18  of  paragraph  (e)  of  this  Section,
15    compensation  shall  be  payable  at  the  rate  provided  in
16    subparagraph 2 of paragraph (b) of this Section for life.
17        An employee entitled to benefits under paragraph  (f)  of
18    this  Section shall also be entitled to receive from the Rate
19    Adjustment Fund provided in paragraph (f) of Section 7 of the
20    supplementary benefits provided  in  paragraph  (g)  of  this
21    Section 8.
22        If   any  employee  who  receives  an  award  under  this
23    paragraph afterwards returns to work or is able to do so, and
24    earns or is able to earn as  much  as  before  the  accident,
25    payments  under  such  award  shall  cease.  If such employee
26    returns to work, or is able to do so, and earns or is able to
27    earn part but not as much as before the accident, such  award
28    shall  be  modified  so  as  to  conform  to  an  award under
29    paragraph (d) of this Section.  If such award  is  terminated
30    or  reduced  under  the  provisions  of  this paragraph, such
31    employees have the right at any time within 30  months  after
32    the  date  of  such termination or reduction to file petition
33    with the Commission for the purpose  of  determining  whether
34    any  disability exists as a result of the original accidental
 
HB0030 Engrossed            -18-               LRB9200976WHcs
 1    injury and the extent thereof.
 2        Disability as enumerated in subdivision 18, paragraph (e)
 3    of this Section is considered complete disability.
 4        If an employee who had previously incurred  loss  or  the
 5    permanent and complete loss of use of one member, through the
 6    loss  or  the  permanent  and complete loss of the use of one
 7    hand, one  arm,  one  foot,  one  leg,  or  one  eye,  incurs
 8    permanent  and  complete  disability  through the loss or the
 9    permanent and complete loss of the use of another member,  he
10    shall receive, in addition to the compensation payable by the
11    employer  and after such payments have ceased, an amount from
12    the Second Injury Fund  provided  for  in  paragraph  (f)  of
13    Section 7, which, together with the compensation payable from
14    the  employer in whose employ he was when the last accidental
15    injury was  incurred,  will  equal  the  amount  payable  for
16    permanent   and  complete  disability  as  provided  in  this
17    paragraph of this Section.
18        The custodian of the Second Injury Fund provided  for  in
19    paragraph  (f) of Section 7 shall be joined with the employer
20    as a party respondent in the application  for  adjustment  of
21    claim.   The  application for adjustment of claim shall state
22    briefly and in general terms the approximate time  and  place
23    and manner of the loss of the first member.
24        In  its  award  the  Commission  or  the Arbitrator shall
25    specifically find the amount the injured  employee  shall  be
26    weekly  paid, the number of weeks compensation which shall be
27    paid by the employer, the date upon which payments begin  out
28    of  the  Second  Injury Fund provided for in paragraph (f) of
29    Section 7 of this Act, the length of time the weekly payments
30    continue, the date upon which the pension  payments  commence
31    and  the monthly amount of the payments. The Commission shall
32    30 days after the date upon which payments out of the  Second
33    Injury  Fund  have  begun as provided in the award, and every
34    month thereafter, prepare and submit to the State Comptroller
 
HB0030 Engrossed            -19-               LRB9200976WHcs
 1    a voucher for payment for all compensation  accrued  to  that
 2    date  at  the  rate  fixed  by  the  Commission.   The  State
 3    Comptroller  shall  draw  a  warrant  to the injured employee
 4    along with a receipt to be executed by the  injured  employee
 5    and  returned  to  the  Commission.  The endorsed warrant and
 6    receipt is a full and complete acquittance to the  Commission
 7    for  the  payment  out  of  the Second Injury Fund.  No other
 8    appropriation or warrant is necessary for payment out of  the
 9    Second  Injury  Fund.  The Second Injury Fund is appropriated
10    for the purpose of making payments according to the terms  of
11    the awards.
12        As  of  July  1, 1980 to July 1, 1982, all claims against
13    and obligations of the Second Injury Fund shall become claims
14    against and obligations of the Rate Adjustment  Fund  to  the
15    extent  there is insufficient money in the Second Injury Fund
16    to pay such  claims  and  obligations.   In  that  case,  all
17    references to "Second Injury Fund" in this Section shall also
18    include the Rate Adjustment Fund.
19        (g)  Every  award  for permanent total disability entered
20    by the Commission on and after   July  1,  1965  under  which
21    compensation  payments shall become due and payable after the
22    effective date of this amendatory Act, and  every  award  for
23    death  benefits  or permanent total disability entered by the
24    Commission on and after the effective date of this amendatory
25    Act shall be subject to annual adjustments as to  the  amount
26    of  the  compensation rate therein provided. Such adjustments
27    shall first be made on July 15, 1977, and all awards made and
28    entered prior to July 1, 1975 and on July  15  of  each  year
29    thereafter.  In all other cases such adjustment shall be made
30    on  July 15 of the second year next following the date of the
31    entry of the award and shall  further  be  made  on  July  15
32    annually  thereafter.   If during the intervening period from
33    the date of the entry of the  award,  or  the  last  periodic
34    adjustment,  there shall have been an increase in the State's
 
HB0030 Engrossed            -20-               LRB9200976WHcs
 1    average  weekly  wage  in  covered   industries   under   the
 2    Unemployment  Insurance  Act,  the  weekly  compensation rate
 3    shall be proportionately increased by the same percentage  as
 4    the percentage of increase in the State's average weekly wage
 5    in  covered  industries under the Unemployment Insurance Act.
 6    The increase in the compensation rate  under  this  paragraph
 7    shall  in  no  event  bring the total compensation rate to an
 8    amount  greater  than  the  prevailing  maximum  rate.   Such
 9    increase shall be paid in the same manner as herein  provided
10    for  payments  under  the  Second  Injury Fund to the injured
11    employee, or his dependents, as the case may be, out  of  the
12    Rate  Adjustment  Fund provided in paragraph (f) of Section 7
13    of this Act.  Payments shall be made at the same intervals as
14    provided in the award or, at the option  of  the  Commission,
15    may  be made in quarterly payment on the 15th day of January,
16    April, July and October of each year.   In  the  event  of  a
17    decrease in such average weekly wage there shall be no change
18    in the then existing compensation rate.  The within paragraph
19    shall  not  apply  to cases where there is disputed liability
20    and in which a compromise lump  sum  settlement  between  the
21    employer  and the injured employee, or his dependents, as the
22    case may  be,  has  been  duly  approved  by  the  Industrial
23    Commission.
24        Provided,   that  in  cases  of  awards  entered  by  the
25    Commission for injuries occurring before July  1,  1975,  the
26    increases   in  the  compensation  rate  adjusted  under  the
27    foregoing provision of this paragraph (g) shall be limited to
28    increases in the  State's  average  weekly  wage  in  covered
29    industries  under  the  Unemployment  Insurance Act occurring
30    after July 1, 1975.
31        (h)  In case death occurs from any cause before the total
32    compensation to which the employee would have  been  entitled
33    has  been  paid,  then in case the employee leaves any widow,
34    widower, child, parent (or  any  grandchild,  grandparent  or
 
HB0030 Engrossed            -21-               LRB9200976WHcs
 1    other  lineal  heir  or  any collateral heir dependent at the
 2    time of the accident upon the earnings of the employee to the
 3    extent of 50% or more of total dependency) such  compensation
 4    shall  be  paid to the beneficiaries of the deceased employee
 5    and distributed as provided in paragraph (g) of Section 7.
 6        (h-1)  In  case  an  injured  employee  is  under   legal
 7    disability at the time when any right or privilege accrues to
 8    him  or  her  under  this  Act,  a  guardian may be appointed
 9    pursuant to law, and may, on  behalf  of  such  person  under
10    legal  disability,  claim  and  exercise  any  such  right or
11    privilege with the same effect as if the employee himself  or
12    herself  had claimed or exercised the right or privilege.  No
13    limitations of time provided by this Act run so long  as  the
14    employee   who   is  under  legal  disability  is  without  a
15    conservator or guardian.
16        (i)  In case the injured employee is under  16  years  of
17    age  at  the  time of the accident and is illegally employed,
18    the amount of compensation payable under paragraphs (b), (c),
19    (d), (e) and (f) of this Section is increased 50%.
20        However, where an employer  has  on  file  an  employment
21    certificate  issued  pursuant  to the Child Labor Law or work
22    permit issued pursuant to the Federal  Fair  Labor  Standards
23    Act,  as  amended,  or  a birth certificate properly and duly
24    issued, such certificate,  permit  or  birth  certificate  is
25    conclusive  evidence  as  to  the  age  of  the injured minor
26    employee for the purposes of this Section.
27        Nothing herein contained repeals or amends the provisions
28    of the Child Labor Law relating to the employment  of  minors
29    under the age of 16 years.
30        (j) 1.  In   the  event  the  injured  employee  receives
31    benefits, including medical, surgical  or  hospital  benefits
32    under  any  group plan covering non-occupational disabilities
33    contributed to wholly or partially  by  the  employer,  which
34    benefits  should  not  have  been  payable  if  any rights of
 
HB0030 Engrossed            -22-               LRB9200976WHcs
 1    recovery existed under this Act, then such amounts so paid to
 2    the employee from any such group plan as shall be  consistent
 3    with,  and  limited to, the provisions of paragraph 2 hereof,
 4    shall be credited to or against any compensation payment  for
 5    temporary  total incapacity for work or any medical, surgical
 6    or hospital benefits made or to be made under  this  Act.  In
 7    such   event,  the  period  of  time  for  giving  notice  of
 8    accidental injury and filing application  for  adjustment  of
 9    claim  does not commence to run until the termination of such
10    payments.  This paragraph does not  apply  to  payments  made
11    under   any   group   plan  which  would  have  been  payable
12    irrespective of an accidental injury  under  this  Act.   Any
13    employer  receiving such credit shall keep such employee safe
14    and harmless from any and all claims or liabilities that  may
15    be  made  against  him  by  reason  of  having  received such
16    payments only to the extent of such credit.
17        Any excess benefits paid to  or  on  behalf  of  a  State
18    employee  by  the  State  Employees'  Retirement System under
19    Article 14 of the Illinois Pension Code on a death  claim  or
20    disputed  disability  claim  shall  be  credited  against any
21    payments made or to be made by the State of Illinois to or on
22    behalf of such employee under this Act, except  for  payments
23    for  medical expenses which have already been incurred at the
24    time of the award.  The  State  of  Illinois  shall  directly
25    reimburse  the  State  Employees'  Retirement  System  to the
26    extent of such credit.
27        2.  Nothing contained in this Act shall be  construed  to
28    give  the  employer  or  the  insurance  carrier the right to
29    credit for any benefits or payments received by the  employee
30    other  than  compensation  payments provided by this Act, and
31    where the employee receives payments other than  compensation
32    payments,  whether as full or partial salary, group insurance
33    benefits, bonuses,  annuities  or  any  other  payments,  the
34    employer  or  insurance carrier shall receive credit for each
 
HB0030 Engrossed            -23-               LRB9200976WHcs
 1    such payment only to the  extent  of  the  compensation  that
 2    would  have  been  payable  during the period covered by such
 3    payment.
 4        3.  The  extension  of  time  for  the   filing   of   an
 5    Application  for Adjustment of Claim as provided in paragraph
 6    1 above shall not apply to those cases  where  the  time  for
 7    such  filing  had expired prior to the date on which payments
 8    or benefits enumerated herein have been initiated or resumed.
 9    Provided however that this paragraph 3 shall  apply  only  to
10    cases wherein the payments or benefits hereinabove enumerated
11    shall be received after July 1, 1969.
12    (Source: P.A. 89-470, eff. 6-13-96.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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