State of Illinois
92nd General Assembly
Legislation

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92_SB2015

 
                                               LRB9215235ACsb

 1        AN ACT concerning patient billing.

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

 4        Section  5.   The  Health Maintenance Organization Act is
 5    amended by changing Section 2-8 as follows:

 6        (215 ILCS 125/2-8) (from Ch. 111 1/2, par. 1407.01)
 7        Sec. 2-8.  Provider agreements and stipulations.
 8        (a) All provider contracts currently in existence between
 9    any organization and any provider hospital which are  renewed
10    on  or  after  180  days following the effective date of this
11    amendatory  Act  of  1987,  and  all  contracts  between  any
12    organization and any provider hospital executed on  or  after
13    180  days  after  such  effective  date,  shall  contain  the
14    following  "hold-harmless"  clause: "The provider agrees that
15    in no event, including but not limited to nonpayment  by  the
16    organization  of amounts due the hospital provider under this
17    contract, insolvency of the organization  or  any  breach  of
18    this   contract  by  the  organization,  shall  the  hospital
19    provider or its assignees or subcontractors have a  right  to
20    seek  any  type  of  payment  from,  bill,  charge, collect a
21    deposit from, or have any  recourse  against,  the  enrollee,
22    persons  acting  on  the  enrollee's  behalf  (other than the
23    organization), the employer  or  group  contract  holder  for
24    services  provided  pursuant  to this contract except for the
25    payment of applicable co-payments or deductibles for services
26    covered by the organization or fees for services not  covered
27    by  the  organization.  The requirements of this clause shall
28    survive  any  termination  of  this  contract  for   services
29    rendered  prior  to such termination, regardless of the cause
30    of  such  termination.  The  organization's  enrollees,   the
31    persons  acting  on  the  enrollee's  behalf  (other than the
 
                            -2-                LRB9215235ACsb
 1    organization) and the employer or group contract holder shall
 2    be third party beneficiaries of  this  clause.   This  clause
 3    supersedes  any  oral  or  written  agreement now existing or
 4    hereafter entered into between the provider and the enrollee,
 5    persons acting on  the  enrollee's  behalf  (other  than  the
 6    organization)  and the employer or group contract holder." To
 7    the extent that any  hospital  provider  contract,  which  is
 8    renewed  or  entered  into on or after 180 days following the
 9    effective date of this  amendatory  Act  of  1987,  fails  to
10    incorporate  such provisions, such provisions shall be deemed
11    incorporated into such contracts by operation of  law  as  of
12    the date of such renewal or execution.
13        (b)  Providers  and their assignees or subcontractors may
14    not seek any type of payment from, bill,  charge,  collect  a
15    deposit  from,  or  have  any  recourse  against an enrollee,
16    persons acting  on  an  enrollee's  behalf  (other  than  the
17    organization),  the  employer,  or  group contract holder for
18    services provided pursuant to  a  contract,  except  for  the
19    payment  of applicable copayments or deductibles for services
20    covered by the organization or fees for services not  covered
21    by the organization.
22        When  a  provider  sends  the  enrollee  a  statement for
23    services billed to the  organization,  such  statement  shall
24    contain the following language conspicuously displayed on the
25    front  of  such statement in at least fourteen-point boldface
26    capital letters: "NOTICE: THIS IS NOT A BILL. DO NOT PAY.".
27        Nothing in this subsection shall prevent a provider  from
28    seeking  to  bill,  charge,  or  collect from an enrollee any
29    amount that is the legal liability of the enrollee.
30        (c)  Any collection  or  attempt  to  collect  moneys  or
31    maintain   action  against  any  subscriber  or  enrollee  as
32    prohibited in subsection (b) may be reported as  a  complaint
33    to  the  Director  by  any  person.   A  person making such a
34    complaint shall be immune from liability for doing so.
 
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 1        (d)  Within 14 days after of the Director's receipt of  a
 2    complaint  under this subsection, the Director must provide a
 3    written notice of the complaint to  the  reported  provider's
 4    licensing or disciplinary board or committee.
 5        (e)  The  Director  must maintain a record of all notices
 6    of complaint provided to licensing or disciplinary boards  or
 7    committees  under this Section.  This record must be provided
 8    to any person within 14 days after the Director's receipt  of
 9    a written request for the record.
10        (f)  The Department shall investigate complaints received
11    by the Director regarding violations of subsection (b).
12        (g)  The  Department  must utilize the most efficient and
13    effective methods to investigate each  complaint.   This  may
14    include requirements of the production of documents or review
15    of records.
16        (h)  When   the   Department   determines   through   its
17    investigation   that   a  violation  of  subsection  (b)  has
18    occurred,  the  Director  shall  require  that  the  provider
19    reimburse, with interest at the rate  of  9%  per  year,  the
20    subscriber  or  enrollee  for  any  prohibited  collection of
21    moneys described in subsection (b).
22        (i)  When   the   Department   determines   through   its
23    investigation that a violation subsection (b) has occurred, a
24    notice of violation shall be served upon the provider.
25        (j)  A notice of violation must be in  writing  and  must
26    include all of the following:
27             (1)  A description of the nature of the violation.
28             (2)  A  citation  of the statutory provision alleged
29        to have been violated.
30             (3)  A description of any action the Department  may
31        take  under  this  Section  and any penalties that may be
32        assessed under the Medical Patient Rights Act.
33             (4)  A  description  of  the  manner  in  which  the
34        provider may contest the  notice  of  violation  and  the
 
                            -4-                LRB9215235ACsb
 1        right to a hearing to contest the notice.
 2        (k)  The  Director shall establish by rulemaking a formal
 3    hearing process for subsection (b) of this Section.
 4        (l)  When the Department has determined  a  violation  of
 5    subsection  (b)  has  occurred and (1) any appeal hearing has
 6    taken  place  resulting   in   a   decision   upholding   the
 7    Department's determination or (2) the provider has waived the
 8    appeal  hearing,  the  Director shall carry out the sanctions
 9    described in the notice of violation as outlined in item  (3)
10    of subsection (j).
11        (m)  The  Director  must  provide  a  copy of the written
12    notice of violation imposed by the Department upon a provider
13    to  the  provider's  licensing  or  disciplinary   board   or
14    committee.
15        (n)  The  Director  must  provide  a  copy of the written
16    notice of violation imposed by the Department upon a provider
17    to the State's Attorney's office  in  the  county  where  the
18    violation occurred.
19        (o)  The  Director  must maintain a record of all notices
20    of violation provided to licensing or disciplinary boards  or
21    committees  under this Section.  This record must be provided
22    to any person within 14 days after the Director's receipt  of
23    a written request for the record.
24        (p)  The Department, an enrollee, or a health maintenance
25    organization   may   pursue   injunctive   relief  to  ensure
26    compliance with this Section.
27        (q) (b)  All provider and  subcontractor  contracts  must
28    contain  provisions  whereby  the  provider  or subcontractor
29    shall provide, arrange for, or  participate  in  the  quality
30    assurance  programs mandated by this Act, unless the Illinois
31    Department of Public Health certifies that such programs will
32    be fully implemented without  any  participation  or  actions
33    from such contracting provider.
34        (r) (c)  The Director may promulgate rules requiring that
 
                            -5-                LRB9215235ACsb
 1    provider  contracts  contain provisions concerning reasonable
 2    notices  to  be  given  between  the  parties  and  for   the
 3    organization  to  provide  reasonable notice to its enrollees
 4    and to the Director.  Notice shall be given for  such  events
 5    as,  but not limited to, termination of insurance protection,
 6    quality assurance or availability of medical care.
 7    (Source: P.A. 86-620.)

 8        Section 10.  The Medical Patient Rights Act is amended by
 9    changing Section 4 and adding Section 3.3 as follows:

10        (410 ILCS 50/3.3 new)
11        Sec. 3.3.  Prohibited billing practices.
12        (a)  Health  care  providers,   physicians,   and   their
13    assignees  or subcontractors may not seek any type of payment
14    from, bill, charge, collect  a  deposit  from,  or  have  any
15    recourse  against  an  insured patient, persons acting on the
16    insured  patient's  behalf  (other  than  the  insurer),  the
17    employer, or group  contract  holder  for  services  provided
18    pursuant  to  a  contract  in  which  an insurance company or
19    health services corporation has contractually agreed  with  a
20    health  care  provider  or  physician  that  the  health care
21    provider or physician does not have such a right  or  rights,
22    except   for   the   payment   of  applicable  copayments  or
23    deductibles for services covered by the insurance company  or
24    health  services corporation or fees for services not covered
25    by the insurance company or health services corporation.
26        (b)  The  Department  of  Insurance  shall  enforce   the
27    provisions of this Section:
28             (1)  Any  collection or attempt to collect moneys or
29        maintain action against any insured patient as prohibited
30        in subsection (a) may be reported as a complaint  to  the
31        Director of the Department of Insurance by any person.
32             (2)  A  person  making  such  a  complaint  shall be
 
                            -6-                LRB9215235ACsb
 1        immune from liability for doing so. Within 14 days  after
 2        the Director's receipt of a complaint under this Section,
 3        the  Director  must  provide  a  written  notice  of  the
 4        complaint  to  the  reported  health  care  provider's or
 5        physician's licensing or disciplinary board or committee.
 6             (3)  The Director must  maintain  a  record  of  all
 7        notices   of   complaint   provided   to   licensing   or
 8        disciplinary  boards  or  committees  under this Section.
 9        This record must be provided to any person within 14 days
10        after the Director's receipt of a written request for the
11        record.
12             (4)  The  Department  shall  investigate  complaints
13        received  by  the  Director   regarding   violations   of
14        subsection (a).
15             (5)  The  Department must utilize the most efficient
16        and effective  methods  to  investigate  each  complaint.
17        This  may  include  requirements  of  the  production  of
18        documents or review of records.
19             (6)  When  the  Department  determines  through  its
20        investigation  that  a  violation  of  subsection (a) has
21        occurred, the Director shall require  that  the  provider
22        reimburse,  with interest at the rate of 9% per year, the
23        subscriber or enrollee for any prohibited  collection  of
24        moneys described in subsection (a).
25             (7)  When  the  Department  determines  through  its
26        investigation   that   a  violation  subsection  (a)  has
27        occurred, a notice of violation shall be served upon  the
28        provider.
29             (8)  A  notice  of  violation must be in writing and
30        must include all of the following:
31                  (A)  A  description  of  the  nature   of   the
32             violation.
33                  (B)  A  citation  of  the  statutory  provision
34             alleged to have been violated.
 
                            -7-                LRB9215235ACsb
 1                  (C)  A description of any action the Department
 2             may  take  under  this  Section  and  any additional
 3             penalties that may be assessed under this Act.
 4                  (D)  A description of the manner in  which  the
 5             provider may contest the notice of violation and the
 6             right to a hearing to contest the notice.
 7             (9)  The  Director  shall  establish by rulemaking a
 8        formal  hearing  process  for  subsection  (a)  of   this
 9        Section.
10             (10)  When the Department has determined a violation
11        of subsection (a) has occurred and (i) any appeal hearing
12        has  taken  place  resulting  in a decision upholding the
13        Department's  determination  or  (ii)  the  provider  has
14        waived the appeal hearing, the Director shall  carry  out
15        the  sanctions  described  in  the notice of violation as
16        outlined in item (8)(C) of this subsection.
17             (11)  The  Director  must  provide  a  copy  of  the
18        written notice of violation  imposed  by  the  Department
19        upon   a   provider   to   the  provider's  licensing  or
20        disciplinary board or committee.
21             (12)  The Director  shall  provide  a  copy  of  the
22        written  notice  of  violation  imposed by the Department
23        upon a provider to the State's Attorney's office  in  the
24        county where the violation occurred.
25             (13)  The  Director  must  maintain  a record of all
26        notices   of   violation   provided   to   licensing   or
27        disciplinary boards or  committees  under  this  Section.
28        This record must be provided to any person within 14 days
29        after the Director's receipt of a written request for the
30        record.
31             (14)  The   Department,   an   insured  patient,  an
32        insurance company, or a health services  corporation  may
33        pursue   injunctive relief to ensure compliance with this
34        Section in addition to the penalties provided  for  under
 
                            -8-                LRB9215235ACsb
 1        this Act.

 2        (410 ILCS 50/4) (from Ch. 111 1/2, par. 5404)
 3        Sec.  4.  Offenses;  penalties.   Any physician or health
 4    care provider that violates a patient's rights as  set  forth
 5    in  subparagraph (a) of Section 3 or Section 3.3 is guilty of
 6    a petty offense and shall be fined  $500  per  incident.  Any
 7    insurance company or health service corporation that violates
 8    a  patient's  rights  as  set  forth  in  subparagraph (b) of
 9    Section 3 is guilty of a petty offense  and  shall  be  fined
10    $1,000.  Any physician, health care provider, health services
11    corporation or insurance company that  violates  a  patient's
12    rights  as set forth in subsection (c) of Section 3 is guilty
13    of a petty offense and shall be fined $1,000.
14    (Source: P.A. 86-902.)

15        Section 10.  The Workers' Compensation Act is amended  by
16    changing Section 8 as follows:

17        (820 ILCS 305/8) (from Ch. 48, par. 138.8)
18        Sec.  8.   The amount of compensation which shall be paid
19    to the employee for an accidental  injury  not  resulting  in
20    death is:
21        (a)  The  employer  shall  provide  and  pay  for all the
22    necessary first aid, medical and surgical services,  and  all
23    necessary  medical, surgical and hospital services thereafter
24    incurred, limited,  however,  to  that  which  is  reasonably
25    required   to  cure  or  relieve  from  the  effects  of  the
26    accidental injury. The employer shall also pay for treatment,
27    instruction and training necessary for the  physical,  mental
28    and  vocational rehabilitation of the employee, including all
29    maintenance costs and expenses incidental thereto.  If  as  a
30    result   of   the   injury  the  employee  is  unable  to  be
31    self-sufficient the  employer  shall  further  pay  for  such
 
                            -9-                LRB9215235ACsb
 1    maintenance or institutional care as shall be required.
 2        The  employee  may  at  any  time elect to secure his own
 3    physician, surgeon and hospital services  at  the  employer's
 4    expense, or,
 5        Upon agreement between the employer and the employees, or
 6    the  employees'  exclusive representative, and subject to the
 7    approval of the Industrial  Commission,  the  employer  shall
 8    maintain  a  list  of  physicians,  to be known as a Panel of
 9    Physicians, who are accessible to the employees. The employer
10    shall post this list in a place or places  easily  accessible
11    to  his employees.  The employee shall have the right to make
12    an alternative choice of physician from such Panel if  he  is
13    not  satisfied with the physician first selected.  If, due to
14    the nature of the injury or  its  occurrence  away  from  the
15    employer's  place of business, the employee is unable to make
16    a selection from the Panel, the selection  process  from  the
17    Panel shall not apply.  The physician selected from the Panel
18    may   arrange   for   any  consultation,  referral  or  other
19    specialized  medical  services  outside  the  Panel  at   the
20    employer's   expense.   Provided   that,  in  the  event  the
21    Commission shall find that a doctor selected by the  employee
22    is  rendering improper or inadequate care, the Commission may
23    order the employee to  select  another  doctor  certified  or
24    qualified  in  the  medical  field  for  which  treatment  is
25    required.   If  the  employee refuses to make such change the
26    Commission may relieve the employer of his obligation to  pay
27    the  doctor's charges from the date of refusal to the date of
28    compliance.
29        Every  hospital,  physician,  surgeon  or  other   person
30    rendering  treatment  or  services  in  accordance  with  the
31    provisions of this Section shall upon written request furnish
32    full  and  complete  reports  thereof  to,  and  permit their
33    records to be copied by, the employer, the  employee  or  his
34    dependents,  as  the  case  may be, or any other party to any
 
                            -10-               LRB9215235ACsb
 1    proceeding for compensation before the Commission,  or  their
 2    attorneys.
 3        Notwithstanding  the  foregoing, the employer's liability
 4    to pay for such medical services  selected  by  the  employee
 5    shall be limited to:
 6             (1)  all first aid and emergency treatment; plus
 7             (2)  all  medical,  surgical  and  hospital services
 8        provided by the physician, surgeon or hospital  initially
 9        chosen  by  the  employee  or  by  any  other  physician,
10        consultant,  expert,  institution  or  other  provider of
11        services recommended by said initial service provider  or
12        any  subsequent provider of medical services in the chain
13        of referrals from said initial service provider; plus
14             (3)  all medical,  surgical  and  hospital  services
15        provided  by  any  second  physician, surgeon or hospital
16        subsequently chosen by  the  employee  or  by  any  other
17        physician,   consultant,  expert,  institution  or  other
18        provider of services recommended by said  second  service
19        provider  or  any subsequent provider of medical services
20        in the  chain  of  referrals  from  said  second  service
21        provider.  Thereafter  the  employer shall select and pay
22        for  all  necessary  medical,   surgical   and   hospital
23        treatment  and  the employee may not select a provider of
24        medical services at the  employer's  expense  unless  the
25        employer  agrees  to  such  selection.  At  any  time the
26        employee may obtain any medical treatment he  desires  at
27        his own expense. This paragraph shall not affect the duty
28        to pay for rehabilitation referred to above.
29        When  an  employer  and  employee  so  agree  in writing,
30    nothing in this Act prevents  an  employee  whose  injury  or
31    disability  has been established under this Act, from relying
32    in good faith, on treatment  by  prayer  or  spiritual  means
33    alone,  in  accordance  with  the  tenets  and  practice of a
34    recognized  church  or  religious  denomination,  by  a  duly
 
                            -11-               LRB9215235ACsb
 1    accredited practitioner thereof, and having nursing  services
 2    appropriate  therewith,  without suffering loss or diminution
 3    of the compensation benefits under  this  Act.  However,  the
 4    employee  shall  submit to all physical examinations required
 5    by this Act.  The cost of such  treatment  and  nursing  care
 6    shall  be  paid by the employee unless the employer agrees to
 7    make such payment.
 8        Where the accidental injury results in the amputation  of
 9    an  arm,  hand, leg or foot, or the enucleation of an eye, or
10    the loss of any of the  natural  teeth,  the  employer  shall
11    furnish  an artificial of any such members lost or damaged in
12    accidental injury  arising  out  of  and  in  the  course  of
13    employment,  and  shall  also furnish the necessary braces in
14    all proper and necessary cases.  In cases of the  loss  of  a
15    member or members by amputation, the employer shall, whenever
16    necessary,  maintain  in  good  repair,  refit or replace the
17    artificial limbs during the lifetime of the employee.   Where
18    the  accidental injury accompanied by physical injury results
19    in damage to a denture, eye glasses or contact eye lenses, or
20    where  the  accidental  injury  results  in  damage   to   an
21    artificial  member, the employer shall replace or repair such
22    denture, glasses, lenses, or artificial member.
23        The furnishing by the employer of any  such  services  or
24    appliances  is  not  an admission of liability on the part of
25    the employer to pay compensation.
26        The furnishing of any such services or appliances or  the
27    servicing  thereof  by  the  employer  is  not the payment of
28    compensation.
29        The  provider   of   any   services,   treatment,   care,
30    instruction, training, or appliances or other tangible things
31    for  which  an employer is responsible for payment under this
32    subsection (a) agrees to  be  bound  by  charges  or  payment
33    levels  allowed by the Industrial Commission, and any dispute
34    regarding the reasonableness of a  fee,  charge,  or  payment
 
                            -12-               LRB9215235ACsb
 1    level shall be resolved in accordance with Section 16 of this
 2    Act  or Section 16 of the Workers' Occupational Diseases Act.
 3    Neither the provider nor an employer or insurance carrier may
 4    seek payment from the employee if the employer is responsible
 5    for payment under this subsection (a).
 6        (b)  If the period of temporary total incapacity for work
 7    lasts more  than  3  working  days,  weekly  compensation  as
 8    hereinafter  provided  shall be paid beginning on the 4th day
 9    of such temporary total incapacity and continuing as long  as
10    the  total  temporary  incapacity  lasts.  In cases where the
11    temporary total incapacity for work continues for a period of
12    14 days or more from the day  of  the  accident  compensation
13    shall commence on the day after the accident.
14             1.  The   compensation   rate  for  temporary  total
15        incapacity under this paragraph (b) of this Section shall
16        be equal to 66 2/3% of the employee's average weekly wage
17        computed in accordance with Section 10, provided that  it
18        shall  be  not  less  than  the  following amounts in the
19        following cases:
20                  $100.90 in case of a single person;
21                  $105.50 in case of a  married  person  with  no
22             children;
23                  $108.30 in case of one child;
24                  $113.40 in case of 2 children;
25                  $117.40 in case of 3 children;
26                  $124.30 in case of 4 or more children;
27        nor exceed the employee's average weekly wage computed in
28        accordance  with  the provisions of Section 10, whichever
29        is less.
30             2.  The compensation rate in all  cases  other  than
31        for  temporary total disability under this paragraph (b),
32        and other than for serious  and  permanent  disfigurement
33        under  paragraph (c) and other than for permanent partial
34        disability under subparagraph (2)  of  paragraph  (d)  or
 
                            -13-               LRB9215235ACsb
 1        under paragraph (e), of this Section shall be equal to 66
 2        2/3%  of  the  employee's average weekly wage computed in
 3        accordance with the provisions of  Section  10,  provided
 4        that  it  shall be not less than the following amounts in
 5        the following cases:
 6                  $80.90 in case of a single person;
 7                  $83.20 in case of  a  married  person  with  no
 8             children;
 9                  $86.10 in case of one child;
10                  $88.90 in case of 2 children;
11                  $91.80 in case of 3 children;
12                  $96.90 in case of 4 or more children;
13        nor exceed the employee's average weekly wage computed in
14        accordance  with  the provisions of Section 10, whichever
15        is less.
16             2.1.  The compensation rate in all cases of  serious
17        and  permanent  disfigurement  under paragraph (c) and of
18        permanent partial disability under  subparagraph  (2)  of
19        paragraph  (d)  or  under  paragraph  (e) of this Section
20        shall be equal to 60% of the  employee's  average  weekly
21        wage  computed  in  accordance  with  the  provisions  of
22        Section  10,  provided that it shall be not less than the
23        following amounts in the following cases:
24                  $80.90 in case of a single person;
25                  $83.20 in case of  a  married  person  with  no
26             children;
27                  $86.10 in case of one child;
28                  $88.90 in case of 2 children;
29                  $91.80 in case of 3 children;
30                  $96.90 in case of 4 or more children;
31        nor exceed the employee's average weekly wage computed in
32        accordance  with  the provisions of Section 10, whichever
33        is less.
34             3.  As used in this Section the term "child" means a
 
                            -14-               LRB9215235ACsb
 1        child of the employee including any child legally adopted
 2        before the accident or whom at the time of  the  accident
 3        the  employee was under legal obligation to support or to
 4        whom the employee stood in loco parentis, and who at  the
 5        time  of  the  accident was under 18 years of age and not
 6        emancipated.  The term "children"  means  the  plural  of
 7        "child".
 8             4.  All  weekly  compensation  rates  provided under
 9        subparagraphs 1, 2 and 2.1 of this paragraph (b) of  this
10        Section shall be subject to the following limitations:
11             The  maximum  weekly  compensation rate from July 1,
12        1975, except as hereinafter provided, shall  be  100%  of
13        the  State's  average  weekly  wage in covered industries
14        under the Unemployment Insurance Act, that being the wage
15        that most closely approximates the State's average weekly
16        wage.
17             The maximum weekly compensation rate, for the period
18        July  1,  1984,  through  June  30,   1987,   except   as
19        hereinafter provided, shall be $293.61. Effective July 1,
20        1987  and  on  July 1 of each year thereafter the maximum
21        weekly compensation rate, except as hereinafter provided,
22        shall be determined as follows: if during  the  preceding
23        12  month period there shall have been an increase in the
24        State's average weekly wage in covered  industries  under
25        the  Unemployment  Insurance Act, the weekly compensation
26        rate shall  be  proportionately  increased  by  the  same
27        percentage  as  the percentage of increase in the State's
28        average weekly  wage  in  covered  industries  under  the
29        Unemployment Insurance Act during such period.
30             The maximum weekly compensation rate, for the period
31        January  1,  1981  through  December  31, 1983, except as
32        hereinafter  provided,  shall  be  100%  of  the  State's
33        average weekly  wage  in  covered  industries  under  the
34        Unemployment  Insurance Act in effect on January 1, 1981.
 
                            -15-               LRB9215235ACsb
 1        Effective January 1, 1984 and on January 1, of each  year
 2        thereafter  the  maximum weekly compensation rate, except
 3        as hereinafter provided, shall be determined as  follows:
 4        if  during the preceding 12 month period there shall have
 5        been an increase in the State's average  weekly  wage  in
 6        covered  industries under the Unemployment Insurance Act,
 7        the weekly compensation  rate  shall  be  proportionately
 8        increased  by  the  same  percentage as the percentage of
 9        increase in the State's average weekly  wage  in  covered
10        industries  under  the  Unemployment Insurance Act during
11        such period.
12             From July 1, 1977 and thereafter such maximum weekly
13        compensation rate in death cases  under  Section  7,  and
14        permanent  total  disability cases under paragraph (f) or
15        subparagraph 18 of paragraph (3) of this Section and  for
16        temporary  total  disability  under paragraph (b) of this
17        Section and for amputation of a member or enucleation  of
18        an  eye  under  paragraph  (e)  of  this Section shall be
19        increased to 133-1/3% of the State's average weekly  wage
20        in  covered  industries  under the Unemployment Insurance
21        Act.
22             4.1.  Any   provision   herein   to   the   contrary
23        notwithstanding,  the  weekly   compensation   rate   for
24        compensation  payments under subparagraph 18 of paragraph
25        (e) of this Section  and  under  paragraph  (f)  of  this
26        Section and under paragraph (a) of Section 7, shall in no
27        event be less than 50% of the State's average weekly wage
28        in  covered  industries  under the Unemployment Insurance
29        Act.
30             4.2.  Any provision to the contrary notwithstanding,
31        the total compensation payable under Section 7 shall  not
32        exceed the greater of $250,000 or 20 years.
33             5.  For  the  purpose  of  this Section this State's
34        average weekly  wage  in  covered  industries  under  the
 
                            -16-               LRB9215235ACsb
 1        Unemployment  Insurance  Act  on  July  1, 1975 is hereby
 2        fixed  at  $228.16  per  week  and  the  computation   of
 3        compensation  rates  shall  be  based  on  the  aforesaid
 4        average   weekly   wage  until  modified  as  hereinafter
 5        provided.
 6             6.  The Department of  Employment  Security  of  the
 7        State shall on or before the first day of December, 1977,
 8        and  on or before the first day of June, 1978, and on the
 9        first  day  of  each  December  and  June  of  each  year
10        thereafter, publish the State's average  weekly  wage  in
11        covered  industries  under the Unemployment Insurance Act
12        and the Industrial Commission shall on the  15th  day  of
13        January,  1978  and  on the 15th day of July, 1978 and on
14        the 15th day of  each  January  and  July  of  each  year
15        thereafter,  post  and publish the State's average weekly
16        wage  in  covered  industries  under   the   Unemployment
17        Insurance  Act  as  last  determined and published by the
18        Department of Employment Security.  The  amount  when  so
19        posted  and  published  shall  be conclusive and shall be
20        applicable as the basis of  computation  of  compensation
21        rates   until   the   next  posting  and  publication  as
22        aforesaid.
23             7.  The payment of compensation by  an  employer  or
24        his  insurance  carrier  to an injured employee shall not
25        constitute an admission of the  employer's  liability  to
26        pay compensation.
27        (c)  For  any  serious and permanent disfigurement to the
28    hand, head, face, neck, arm, leg below the knee or the  chest
29    above   the  axillary  line,  the  employee  is  entitled  to
30    compensation for such disfigurement, the amount determined by
31    agreement at any time or by arbitration under this Act, at  a
32    hearing  not  less  than  6  months  after  the  date  of the
33    accidental injury, which amount shall not exceed 150 weeks at
34    the applicable rate provided in subparagraph 2.1 of paragraph
 
                            -17-               LRB9215235ACsb
 1    (b) of this Section.
 2        No compensation is payable  under  this  paragraph  where
 3    compensation  is  payable under paragraphs (d), (e) or (f) of
 4    this Section.
 5        A duly appointed member of a fire department in  a  city,
 6    the population of which exceeds 200,000 according to the last
 7    federal  or  State census, is eligible for compensation under
 8    this  paragraph  only  where  such  serious   and   permanent
 9    disfigurement results from burns.
10        (d) 1.  If,   after   the   accidental  injury  has  been
11    sustained, the employee as a result thereof becomes partially
12    incapacitated from pursuing his usual and customary  line  of
13    employment,  he  shall, except in cases compensated under the
14    specific schedule set forth in paragraph (e) of this Section,
15    receive compensation for  the  duration  of  his  disability,
16    subject  to  the  limitations  as to maximum amounts fixed in
17    paragraph (b) of  this  Section,  equal  to  66-2/3%  of  the
18    difference  between the average amount which he would be able
19    to earn  in  the  full  performance  of  his  duties  in  the
20    occupation  in  which  he  was  engaged  at  the  time of the
21    accident and the average amount which he  is  earning  or  is
22    able  to  earn  in some suitable employment or business after
23    the accident.
24        2.  If,  as  a  result  of  the  accident,  the  employee
25    sustains  serious  and  permanent  injuries  not  covered  by
26    paragraphs (c) and (e) of this Section  or  having  sustained
27    injuries  covered by the aforesaid paragraphs (c) and (e), he
28    shall have sustained in addition thereto other injuries which
29    injuries do not incapacitate him from pursuing the duties  of
30    his  employment  but  which  would  disable him from pursuing
31    other suitable occupations, or which have otherwise  resulted
32    in   physical  impairment;  or  if  such  injuries  partially
33    incapacitate him from pursuing the duties of  his  usual  and
34    customary  line  of  employment  but  do  not  result  in  an
 
                            -18-               LRB9215235ACsb
 1    impairment  of  earning  capacity,  or  having resulted in an
 2    impairment of earning capacity, the employee elects to  waive
 3    his  right  to  recover under the foregoing subparagraph 1 of
 4    paragraph (d) of this Section then in any  of  the  foregoing
 5    events,  he  shall  receive  in  addition to compensation for
 6    temporary  total  disability  under  paragraph  (b)  of  this
 7    Section, compensation at the rate  provided  in  subparagraph
 8    2.1  of  paragraph (b) of this Section for that percentage of
 9    500 weeks that the  partial  disability  resulting  from  the
10    injuries covered by this paragraph bears to total disability.
11    If  the  employee  shall  have sustained a fracture of one or
12    more vertebra  or  fracture  of  the  skull,  the  amount  of
13    compensation  allowed  under  this  Section shall be not less
14    than 6 weeks for a fractured  skull  and  6  weeks  for  each
15    fractured  vertebra, and in the event the employee shall have
16    sustained a fracture of any of the  following  facial  bones:
17    nasal,   lachrymal,   vomer,  zygoma,  maxilla,  palatine  or
18    mandible, the  amount  of  compensation  allowed  under  this
19    Section  shall  be  not  less  than  2  weeks  for  each such
20    fractured bone, and for a fracture of each transverse process
21    not less than 3 weeks.  In  the  event  such  injuries  shall
22    result in the loss of a kidney, spleen or lung, the amount of
23    compensation  allowed  under  this  Section shall be not less
24    than 10 weeks for  each  such  organ.   Compensation  awarded
25    under  this  subparagraph 2 shall not take into consideration
26    injuries covered under paragraphs (c) and (e) of this Section
27    and the compensation provided in  this  paragraph  shall  not
28    affect  the  employee's  right  to compensation payable under
29    paragraphs  (b),  (c)  and  (e)  of  this  Section  for   the
30    disabilities therein covered.
31        (e)  For  accidental  injuries in the following schedule,
32    the employee shall receive compensation  for  the  period  of
33    temporary  total  incapacity  for  work  resulting  from such
34    accidental injury, under subparagraph 1 of paragraph  (b)  of
 
                            -19-               LRB9215235ACsb
 1    this   Section,   and   shall  receive  in  addition  thereto
 2    compensation for a  further  period  for  the  specific  loss
 3    herein  mentioned,  but  shall  not  receive any compensation
 4    under any other  provisions  of  this  Act.    The  following
 5    listed  amounts  apply to either the loss of or the permanent
 6    and complete loss  of  use  of  the  member  specified,  such
 7    compensation for the length of time as follows:
 8             1.  Thumb-70 weeks.
 9             2.  First, or index finger-40 weeks.
10             3.  Second, or middle finger-35 weeks.
11             4.  Third, or ring finger-25 weeks.
12             5.  Fourth, or little finger-20 weeks.
13             6.  Great toe-35 weeks.
14             7.  Each toe other than great toe-12 weeks.
15             8.  The  loss  of the first or distal phalanx of the
16        thumb or of any finger or toe shall be considered  to  be
17        equal  to  the  loss of one-half of such thumb, finger or
18        toe and the compensation payable shall be one-half of the
19        amount above  specified.   The  loss  of  more  than  one
20        phalanx  shall  be  considered  as the loss of the entire
21        thumb, finger or  toe.   In  no  case  shall  the  amount
22        received  for  more  than  one  finger  exceed the amount
23        provided in this schedule for the loss of a hand.
24             9.  Hand-190 weeks.  The loss of 2 or  more  digits,
25        or  one  or more phalanges of 2 or more digits, of a hand
26        may be compensated on the basis of partial loss of use of
27        a hand, provided, further, that the loss of 4 digits,  or
28        the  loss  of  use  of  4  digits, in the same hand shall
29        constitute the  complete loss of a hand.
30             10.  Arm-235  weeks.   Where  an  accidental  injury
31        results in the amputation of an arm below the elbow, such
32        injury shall be compensated as a loss of an  arm.   Where
33        an  accidental injury results in the amputation of an arm
34        above the elbow, compensation for an additional 15  weeks
 
                            -20-               LRB9215235ACsb
 1        shall be paid, except where the accidental injury results
 2        in  the amputation of an arm at the shoulder joint, or so
 3        close to shoulder joint that an artificial arm cannot  be
 4        used,  or results in the disarticulation of an arm at the
 5        shoulder  joint,  in  which  case  compensation  for   an
 6        additional 65 weeks shall be paid.
 7             11.  Foot-155 weeks.
 8             12.  Leg-200  weeks.   Where  an  accidental  injury
 9        results  in  the amputation of a leg below the knee, such
10        injury shall be compensated as loss of a  leg.  Where  an
11        accidental  injury  results  in  the  amputation of a leg
12        above the knee, compensation for an additional  25  weeks
13        shall be paid, except where the accidental injury results
14        in  the amputation of a leg at the hip joint, or so close
15        to the hip joint that an artificial leg cannot  be  used,
16        or  results  in  the  disarticulation of a leg at the hip
17        joint, in which case compensation for  an  additional  75
18        weeks shall be paid.
19             13.  Eye-150  weeks.   Where  an  accidental  injury
20        results in the enucleation of an eye, compensation for an
21        additional 10 weeks shall be paid.
22             14.  Loss  of hearing of one ear-50 weeks; total and
23        permanent loss of hearing of both ears-200 weeks.
24             15.  Testicle-50 weeks; both testicles-150 weeks.
25             16.  For the permanent partial  loss  of  use  of  a
26        member  or  sight  of  an  eye,  or  hearing  of  an ear,
27        compensation during that  proportion  of  the  number  of
28        weeks  in the foregoing schedule provided for the loss of
29        such member or sight of an eye, or  hearing  of  an  ear,
30        which  the partial loss of use thereof bears to the total
31        loss of use of such member, or sight of eye,  or  hearing
32        of an ear.
33                  (a)  Loss  of hearing for compensation purposes
34             shall be confined to the frequencies of 1,000, 2,000
 
                            -21-               LRB9215235ACsb
 1             and 3,000 cycles per second. Loss of hearing ability
 2             for frequency tones above 3,000  cycles  per  second
 3             are  not to be considered as constituting disability
 4             for hearing.
 5                  (b)  The percent of hearing loss, for  purposes
 6             of  the  determination  of  compensation  claims for
 7             occupational deafness, shall be  calculated  as  the
 8             average  in  decibels  for the thresholds of hearing
 9             for the frequencies of 1,000, 2,000 and 3,000 cycles
10             per second. Pure  tone  air  conduction  audiometric
11             instruments,   approved   by  nationally  recognized
12             authorities  in  this  field,  shall  be  used   for
13             measuring  hearing  loss.  If  the losses of hearing
14             average 30 decibels or less in  the  3  frequencies,
15             such losses of hearing shall not then constitute any
16             compensable  hearing  disability.  If  the losses of
17             hearing  average  85  decibels  or  more  in  the  3
18             frequencies, then the same shall constitute  and  be
19             total or 100% compensable hearing loss.
20                  (c)  In   measuring   hearing  impairment,  the
21             lowest measured losses in each of the 3  frequencies
22             shall   be  added  together  and  divided  by  3  to
23             determine  the  average  decibel  loss.  For   every
24             decibel  of  loss exceeding 30 decibels an allowance
25             of 1.82% shall be made up to  the  maximum  of  100%
26             which is reached at 85 decibels.
27                  (d)  If  a  hearing loss is established to have
28             existed on July 1, 1975 by audiometric  testing  the
29             employer  shall  not be liable for the previous loss
30             so established nor shall he be liable for  any  loss
31             for which compensation has been paid or awarded.
32                  (e)  No  consideration  shall  be  given to the
33             question  of  whether  or  not  the  ability  of  an
34             employee to understand speech is improved by the use
 
                            -22-               LRB9215235ACsb
 1             of a hearing aid.
 2                  (f)  No  claim  for  loss  of  hearing  due  to
 3             industrial  noise  shall  be  brought   against   an
 4             employer  or  allowed  unless  the employee has been
 5             exposed for a period of  time  sufficient  to  cause
 6             permanent  impairment  to  noise levels in excess of
 7             the following:
 8                  Sound Level DBA
 9                   Slow Response              Hours Per Day
10                        90                          8
11                        92                          6
12                        95                          4
13                        97                          3
14                        100                         2
15                        102                       1-1/2
16                        105                         1
17                        110                        1/2
18                        115                        1/4
19             This subparagraph (f) shall not be applied in  cases
20        of hearing loss resulting from trauma or explosion.
21             17.  In computing the compensation to be paid to any
22        employee  who,  before  the  accident for which he claims
23        compensation, had before that time  sustained  an  injury
24        resulting  in  the  loss by amputation or partial loss by
25        amputation of any member, including hand, arm,  thumb  or
26        fingers, leg, foot or any toes, such loss or partial loss
27        of  any such member shall be deducted from any award made
28        for the subsequent injury.  For the permanent loss of use
29        or the permanent partial loss of use of any  such  member
30        or  the  partial  loss  of  sight  of  an  eye, for which
31        compensation has been paid, then such loss shall be taken
32        into consideration and deducted from any  award  for  the
33        subsequent injury.
34             18.  The  specific  case of loss of both hands, both
 
                            -23-               LRB9215235ACsb
 1        arms, or both feet, or both legs, or both eyes, or of any
 2        two thereof, or the permanent and complete  loss  of  the
 3        use  thereof, constitutes total and permanent disability,
 4        to be compensated according to the compensation fixed  by
 5        paragraph  (f)  of this Section.  These specific cases of
 6        total and  permanent  disability  do  not  exclude  other
 7        cases.
 8             Any employee who has previously suffered the loss or
 9        permanent  and  complete  loss  of the use of any of such
10        members, and in a subsequent independent  accident  loses
11        another or suffers the permanent and complete loss of the
12        use  of any one of such members the employer for whom the
13        injured employee is working  at  the  time  of  the  last
14        independent  accident  is liable to pay compensation only
15        for the loss or permanent and complete loss of the use of
16        the member occasioned by the last independent accident.
17             19.  In a case of specific loss and  the  subsequent
18        death  of  such  injured  employee from other causes than
19        such injury leaving  a  widow,  widower,  or   dependents
20        surviving  before  payment  or  payment  in full for such
21        injury, then the amount due for such injury is payable to
22        the widow or  widower  and,  if  there  be  no  widow  or
23        widower, then to such dependents, in the proportion which
24        such dependency bears to total dependency.
25        Beginning  July  1,  1980, and every 6 months thereafter,
26    the Commission shall examine the Second Injury Fund and when,
27    after deducting all advances or loans made to such Fund,  the
28    amount  therein  is  $500,000  then the amount required to be
29    paid by employers pursuant to  paragraph  (f)  of  Section  7
30    shall  be  reduced  by  one-half. When the Second Injury Fund
31    reaches the sum of $600,000 then  the  payments  shall  cease
32    entirely.    However,  when  the  Second Injury Fund has been
33    reduced to $400,000,  payment  of  one-half  of  the  amounts
34    required  by  paragraph (f) of Section 7 shall be resumed, in
 
                            -24-               LRB9215235ACsb
 1    the manner herein provided, and when the Second  Injury  Fund
 2    has  been  reduced  to  $300,000, payment of the full amounts
 3    required by paragraph (f) of Section 7 shall be  resumed,  in
 4    the  manner  herein  provided.  The Commission shall make the
 5    changes in  payment  effective  by  general  order,  and  the
 6    changes in payment become immediately effective for all cases
 7    coming  before the Commission thereafter either by settlement
 8    agreement or final order, irrespective of  the  date  of  the
 9    accidental injury.
10        On  August 1, 1996 and on February 1 and August 1 of each
11    subsequent year, the Commission  shall  examine  the  special
12    fund designated as the "Rate Adjustment Fund" and when, after
13    deducting all advances or loans made to said fund, the amount
14    therein  is  $4,000,000,  the  amount  required to be paid by
15    employers pursuant to paragraph (f) of  Section  7  shall  be
16    reduced  by  one-half.  When the Rate Adjustment Fund reaches
17    the  sum  of  $5,000,000  the  payment  therein  shall  cease
18    entirely.  However, when said Rate Adjustment Fund  has  been
19    reduced  to  $3,000,000 the amounts required by paragraph (f)
20    of Section 7 shall be resumed in the manner herein provided.
21        (f)  In case of complete disability,  which  renders  the
22    employee  wholly and permanently incapable of work, or in the
23    specific case of total and permanent disability  as  provided
24    in   subparagraph  18  of  paragraph  (e)  of  this  Section,
25    compensation  shall  be  payable  at  the  rate  provided  in
26    subparagraph 2 of paragraph (b) of this Section for life.
27        An employee entitled to benefits under paragraph  (f)  of
28    this  Section shall also be entitled to receive from the Rate
29    Adjustment Fund provided in paragraph (f) of Section 7 of the
30    supplementary benefits provided  in  paragraph  (g)  of  this
31    Section 8.
32        If   any  employee  who  receives  an  award  under  this
33    paragraph afterwards returns to work or is able to do so, and
34    earns or is able to earn as  much  as  before  the  accident,
 
                            -25-               LRB9215235ACsb
 1    payments  under  such  award  shall  cease.  If such employee
 2    returns to work, or is able to do so, and earns or is able to
 3    earn part but not as much as before the accident, such  award
 4    shall  be  modified  so  as  to  conform  to  an  award under
 5    paragraph (d) of this Section.  If such award  is  terminated
 6    or  reduced  under  the  provisions  of  this paragraph, such
 7    employees have the right at any time within 30  months  after
 8    the  date  of  such termination or reduction to file petition
 9    with the Commission for the purpose  of  determining  whether
10    any  disability exists as a result of the original accidental
11    injury and the extent thereof.
12        Disability as enumerated in subdivision 18, paragraph (e)
13    of this Section is considered complete disability.
14        If an employee who had previously incurred  loss  or  the
15    permanent and complete loss of use of one member, through the
16    loss  or  the  permanent  and complete loss of the use of one
17    hand, one  arm,  one  foot,  one  leg,  or  one  eye,  incurs
18    permanent  and  complete  disability  through the loss or the
19    permanent and complete loss of the use of another member,  he
20    shall receive, in addition to the compensation payable by the
21    employer  and after such payments have ceased, an amount from
22    the Second Injury Fund  provided  for  in  paragraph  (f)  of
23    Section 7, which, together with the compensation payable from
24    the  employer in whose employ he was when the last accidental
25    injury was  incurred,  will  equal  the  amount  payable  for
26    permanent   and  complete  disability  as  provided  in  this
27    paragraph of this Section.
28        The custodian of the Second Injury Fund provided  for  in
29    paragraph  (f) of Section 7 shall be joined with the employer
30    as a party respondent in the application  for  adjustment  of
31    claim.   The  application for adjustment of claim shall state
32    briefly and in general terms the approximate time  and  place
33    and manner of the loss of the first member.
34        In  its  award  the  Commission  or  the Arbitrator shall
 
                            -26-               LRB9215235ACsb
 1    specifically find the amount the injured  employee  shall  be
 2    weekly  paid, the number of weeks compensation which shall be
 3    paid by the employer, the date upon which payments begin  out
 4    of  the  Second  Injury Fund provided for in paragraph (f) of
 5    Section 7 of this Act, the length of time the weekly payments
 6    continue, the date upon which the pension  payments  commence
 7    and  the monthly amount of the payments. The Commission shall
 8    30 days after the date upon which payments out of the  Second
 9    Injury  Fund  have  begun as provided in the award, and every
10    month thereafter, prepare and submit to the State Comptroller
11    a voucher for payment for all compensation  accrued  to  that
12    date  at  the  rate  fixed  by  the  Commission.   The  State
13    Comptroller  shall  draw  a  warrant  to the injured employee
14    along with a receipt to be executed by the  injured  employee
15    and  returned  to  the  Commission.  The endorsed warrant and
16    receipt is a full and complete acquittance to the  Commission
17    for  the  payment  out  of  the Second Injury Fund.  No other
18    appropriation or warrant is necessary for payment out of  the
19    Second  Injury  Fund.  The Second Injury Fund is appropriated
20    for the purpose of making payments according to the terms  of
21    the awards.
22        As  of  July  1, 1980 to July 1, 1982, all claims against
23    and obligations of the Second Injury Fund shall become claims
24    against and obligations of the Rate Adjustment  Fund  to  the
25    extent  there is insufficient money in the Second Injury Fund
26    to pay such  claims  and  obligations.   In  that  case,  all
27    references to "Second Injury Fund" in this Section shall also
28    include the Rate Adjustment Fund.
29        (g)  Every  award  for permanent total disability entered
30    by the Commission on and after   July  1,  1965  under  which
31    compensation  payments shall become due and payable after the
32    effective date of this amendatory Act, and  every  award  for
33    death  benefits  or permanent total disability entered by the
34    Commission on and after the effective date of this amendatory
 
                            -27-               LRB9215235ACsb
 1    Act shall be subject to annual adjustments as to  the  amount
 2    of  the  compensation rate therein provided. Such adjustments
 3    shall first be made on July 15, 1977, and all awards made and
 4    entered prior to July 1, 1975 and on July  15  of  each  year
 5    thereafter.  In all other cases such adjustment shall be made
 6    on  July 15 of the second year next following the date of the
 7    entry of the award and shall  further  be  made  on  July  15
 8    annually  thereafter.   If during the intervening period from
 9    the date of the entry of the  award,  or  the  last  periodic
10    adjustment,  there shall have been an increase in the State's
11    average  weekly  wage  in  covered   industries   under   the
12    Unemployment  Insurance  Act,  the  weekly  compensation rate
13    shall be proportionately increased by the same percentage  as
14    the percentage of increase in the State's average weekly wage
15    in  covered  industries under the Unemployment Insurance Act.
16    The increase in the compensation rate  under  this  paragraph
17    shall  in  no  event  bring the total compensation rate to an
18    amount  greater  than  the  prevailing  maximum  rate.   Such
19    increase shall be paid in the same manner as herein  provided
20    for  payments  under  the  Second  Injury Fund to the injured
21    employee, or his dependents, as the case may be, out  of  the
22    Rate  Adjustment  Fund provided in paragraph (f) of Section 7
23    of this Act.  Payments shall be made at the same intervals as
24    provided in the award or, at the option  of  the  Commission,
25    may  be made in quarterly payment on the 15th day of January,
26    April, July and October of each year.   In  the  event  of  a
27    decrease in such average weekly wage there shall be no change
28    in the then existing compensation rate.  The within paragraph
29    shall  not  apply  to cases where there is disputed liability
30    and in which a compromise lump  sum  settlement  between  the
31    employer  and the injured employee, or his dependents, as the
32    case may  be,  has  been  duly  approved  by  the  Industrial
33    Commission.
34        Provided,   that  in  cases  of  awards  entered  by  the
 
                            -28-               LRB9215235ACsb
 1    Commission for injuries occurring before July  1,  1975,  the
 2    increases   in  the  compensation  rate  adjusted  under  the
 3    foregoing provision of this paragraph (g) shall be limited to
 4    increases in the  State's  average  weekly  wage  in  covered
 5    industries  under  the  Unemployment  Insurance Act occurring
 6    after July 1, 1975.
 7        (h)  In case death occurs from any cause before the total
 8    compensation to which the employee would have  been  entitled
 9    has  been  paid,  then in case the employee leaves any widow,
10    widower, child, parent (or  any  grandchild,  grandparent  or
11    other  lineal  heir  or  any collateral heir dependent at the
12    time of the accident upon the earnings of the employee to the
13    extent of 50% or more of total dependency) such  compensation
14    shall  be  paid to the beneficiaries of the deceased employee
15    and distributed as provided in paragraph (g) of Section 7.
16        (h-1)  In  case  an  injured  employee  is  under   legal
17    disability at the time when any right or privilege accrues to
18    him  or  her  under  this  Act,  a  guardian may be appointed
19    pursuant to law, and may, on  behalf  of  such  person  under
20    legal  disability,  claim  and  exercise  any  such  right or
21    privilege with the same effect as if the employee himself  or
22    herself  had claimed or exercised the right or privilege.  No
23    limitations of time provided by this Act run so long  as  the
24    employee   who   is  under  legal  disability  is  without  a
25    conservator or guardian.
26        (i)  In case the injured employee is under  16  years  of
27    age  at  the  time of the accident and is illegally employed,
28    the amount of compensation payable under paragraphs (b), (c),
29    (d), (e) and (f) of this Section is increased 50%.
30        However, where an employer  has  on  file  an  employment
31    certificate  issued  pursuant  to the Child Labor Law or work
32    permit issued pursuant to the Federal  Fair  Labor  Standards
33    Act,  as  amended,  or  a birth certificate properly and duly
34    issued, such certificate,  permit  or  birth  certificate  is
 
                            -29-               LRB9215235ACsb
 1    conclusive  evidence  as  to  the  age  of  the injured minor
 2    employee for the purposes of this Section.
 3        Nothing herein contained repeals or amends the provisions
 4    of the Child Labor Law relating to the employment  of  minors
 5    under the age of 16 years.
 6        (j) 1.  In   the  event  the  injured  employee  receives
 7    benefits, including medical, surgical  or  hospital  benefits
 8    under  any  group plan covering non-occupational disabilities
 9    contributed to wholly or partially  by  the  employer,  which
10    benefits  should  not  have  been  payable  if  any rights of
11    recovery existed under this Act, then such amounts so paid to
12    the employee from any such group plan as shall be  consistent
13    with,  and  limited to, the provisions of paragraph 2 hereof,
14    shall be credited to or against any compensation payment  for
15    temporary  total incapacity for work or any medical, surgical
16    or hospital benefits made or to be made under  this  Act.  In
17    such   event,  the  period  of  time  for  giving  notice  of
18    accidental injury and filing application  for  adjustment  of
19    claim  does not commence to run until the termination of such
20    payments.  This paragraph does not  apply  to  payments  made
21    under   any   group   plan  which  would  have  been  payable
22    irrespective of an accidental injury  under  this  Act.   Any
23    employer  receiving such credit shall keep such employee safe
24    and harmless from any and all claims or liabilities that  may
25    be  made  against  him  by  reason  of  having  received such
26    payments only to the extent of such credit.
27        Any excess benefits paid to  or  on  behalf  of  a  State
28    employee  by  the  State  Employees'  Retirement System under
29    Article 14 of the Illinois Pension Code on a death  claim  or
30    disputed  disability  claim  shall  be  credited  against any
31    payments made or to be made by the State of Illinois to or on
32    behalf of such employee under this Act, except  for  payments
33    for  medical expenses which have already been incurred at the
34    time of the award.  The  State  of  Illinois  shall  directly
 
                            -30-               LRB9215235ACsb
 1    reimburse  the  State  Employees'  Retirement  System  to the
 2    extent of such credit.
 3        2.  Nothing contained in this Act shall be  construed  to
 4    give  the  employer  or  the  insurance  carrier the right to
 5    credit for any benefits or payments received by the  employee
 6    other  than  compensation  payments provided by this Act, and
 7    where the employee receives payments other than  compensation
 8    payments,  whether as full or partial salary, group insurance
 9    benefits, bonuses,  annuities  or  any  other  payments,  the
10    employer  or  insurance carrier shall receive credit for each
11    such payment only to the  extent  of  the  compensation  that
12    would  have  been  payable  during the period covered by such
13    payment.
14        3.  The  extension  of  time  for  the   filing   of   an
15    Application  for Adjustment of Claim as provided in paragraph
16    1 above shall not apply to those cases  where  the  time  for
17    such  filing  had expired prior to the date on which payments
18    or benefits enumerated herein have been initiated or resumed.
19    Provided however that this paragraph 3 shall  apply  only  to
20    cases wherein the payments or benefits hereinabove enumerated
21    shall be received after July 1, 1969.
22    (Source: P.A. 89-470, eff. 6-13-96.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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