Illinois 2023-2024 Regular Session

Illinois House Bill HB1547 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1547 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately. LRB103 05092 SPS 50106 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1547 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately. LRB103 05092 SPS 50106 b LRB103 05092 SPS 50106 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1547 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
4	4	820 ILCS 305/8 from Ch. 48, par. 138.8
5	5	Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
6	6	LRB103 05092 SPS 50106 b LRB103 05092 SPS 50106 b
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8	8	A BILL FOR
9	9	HB1547LRB103 05092 SPS 50106 b HB1547 LRB103 05092 SPS 50106 b
10	10	HB1547 LRB103 05092 SPS 50106 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Workers' Compensation Act is amended by
15	15	5 changing Section 8 as follows:
16	16	6 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
17	17	7 Sec. 8. The amount of compensation which shall be paid to
18	18	8 the employee for an accidental injury not resulting in death
19	19	9 is:
20	20	10 (a) The employer shall provide and pay the negotiated
21	21	11 rate, if applicable, or the lesser of the health care
22	22	12 provider's actual charges or according to a fee schedule,
23	23	13 subject to Section 8.2, in effect at the time the service was
24	24	14 rendered for all the necessary first aid, medical and surgical
25	25	15 services, and all necessary medical, surgical and hospital
26	26	16 services thereafter incurred, limited, however, to that which
27	27	17 is reasonably required to cure or relieve from the effects of
28	28	18 the accidental injury, even if a health care provider sells,
29	29	19 transfers, or otherwise assigns an account receivable for
30	30	20 procedures, treatments, or services covered under this Act. If
31	31	21 the employer does not dispute payment of first aid, medical,
32	32	22 surgical, and hospital services, the employer shall make such
33	33	23 payment to the provider on behalf of the employee. The
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1547 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
39	39	820 ILCS 305/8 from Ch. 48, par. 138.8
40	40	Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
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43	43	A BILL FOR
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68	68	1 employer shall also pay for treatment, instruction and
69	69	2 training necessary for the physical, mental and vocational
70	70	3 rehabilitation of the employee, including all maintenance
71	71	4 costs and expenses incidental thereto. If as a result of the
72	72	5 injury the employee is unable to be self-sufficient the
73	73	6 employer shall further pay for such maintenance or
74	74	7 institutional care as shall be required.
75	75	8 The employee may at any time elect to secure his own
76	76	9 physician, surgeon and hospital services at the employer's
77	77	10 expense, or,
78	78	11 Upon agreement between the employer and the employees, or
79	79	12 the employees' exclusive representative, and subject to the
80	80	13 approval of the Illinois Workers' Compensation Commission, the
81	81	14 employer shall maintain a list of physicians, to be known as a
82	82	15 Panel of Physicians, who are accessible to the employees. The
83	83	16 employer shall post this list in a place or places easily
84	84	17 accessible to his employees. The employee shall have the right
85	85	18 to make an alternative choice of physician from such Panel if
86	86	19 he is not satisfied with the physician first selected. If, due
87	87	20 to the nature of the injury or its occurrence away from the
88	88	21 employer's place of business, the employee is unable to make a
89	89	22 selection from the Panel, the selection process from the Panel
90	90	23 shall not apply. The physician selected from the Panel may
91	91	24 arrange for any consultation, referral or other specialized
92	92	25 medical services outside the Panel at the employer's expense.
93	93	26 Provided that, in the event the Commission shall find that a
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104	104	1 doctor selected by the employee is rendering improper or
105	105	2 inadequate care, the Commission may order the employee to
106	106	3 select another doctor certified or qualified in the medical
107	107	4 field for which treatment is required. If the employee refuses
108	108	5 to make such change the Commission may relieve the employer of
109	109	6 his obligation to pay the doctor's charges from the date of
110	110	7 refusal to the date of compliance.
111	111	8 Any vocational rehabilitation counselors who provide
112	112	9 service under this Act shall have appropriate certifications
113	113	10 which designate the counselor as qualified to render opinions
114	114	11 relating to vocational rehabilitation. Vocational
115	115	12 rehabilitation may include, but is not limited to, counseling
116	116	13 for job searches, supervising a job search program, and
117	117	14 vocational retraining including education at an accredited
118	118	15 learning institution. The employee or employer may petition to
119	119	16 the Commission to decide disputes relating to vocational
120	120	17 rehabilitation and the Commission shall resolve any such
121	121	18 dispute, including payment of the vocational rehabilitation
122	122	19 program by the employer.
123	123	20 The maintenance benefit shall not be less than the
124	124	21 temporary total disability rate determined for the employee.
125	125	22 In addition, maintenance shall include costs and expenses
126	126	23 incidental to the vocational rehabilitation program.
127	127	24 When the employee is working light duty on a part-time
128	128	25 basis or full-time basis and earns less than he or she would be
129	129	26 earning if employed in the full capacity of the job or jobs,
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140	140	1 then the employee shall be entitled to temporary partial
141	141	2 disability benefits. Temporary partial disability benefits
142	142	3 shall be equal to two-thirds of the difference between the
143	143	4 average amount that the employee would be able to earn in the
144	144	5 full performance of his or her duties in the occupation in
145	145	6 which he or she was engaged at the time of accident and the
146	146	7 gross amount which he or she is earning in the modified job
147	147	8 provided to the employee by the employer or in any other job
148	148	9 that the employee is working.
149	149	10 Every hospital, physician, surgeon or other person
150	150	11 rendering treatment or services in accordance with the
151	151	12 provisions of this Section shall upon written request furnish
152	152	13 full and complete reports thereof to, and permit their records
153	153	14 to be copied by, the employer, the employee or his dependents,
154	154	15 as the case may be, or any other party to any proceeding for
155	155	16 compensation before the Commission, or their attorneys.
156	156	17 Notwithstanding the foregoing, the employer's liability to
157	157	18 pay for such medical services selected by the employee shall
158	158	19 be limited to:
159	159	20 (1) all first aid and emergency treatment; plus
160	160	21 (2) all medical, surgical and hospital services
161	161	22 provided by the physician, surgeon or hospital initially
162	162	23 chosen by the employee or by any other physician,
163	163	24 consultant, expert, institution or other provider of
164	164	25 services recommended by said initial service provider or
165	165	26 any subsequent provider of medical services in the chain
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176	176	1 of referrals from said initial service provider; plus
177	177	2 (3) all medical, surgical and hospital services
178	178	3 provided by any second physician, surgeon or hospital
179	179	4 subsequently chosen by the employee or by any other
180	180	5 physician, consultant, expert, institution or other
181	181	6 provider of services recommended by said second service
182	182	7 provider or any subsequent provider of medical services in
183	183	8 the chain of referrals from said second service provider.
184	184	9 Thereafter the employer shall select and pay for all
185	185	10 necessary medical, surgical and hospital treatment and the
186	186	11 employee may not select a provider of medical services at
187	187	12 the employer's expense unless the employer agrees to such
188	188	13 selection. At any time the employee may obtain any medical
189	189	14 treatment he desires at his own expense. This paragraph
190	190	15 shall not affect the duty to pay for rehabilitation
191	191	16 referred to above.
192	192	17 (4) The following shall apply for injuries occurring
193	193	18 on or after June 28, 2011 (the effective date of Public Act
194	194	19 97-18) and only when an employer has an approved preferred
195	195	20 provider program pursuant to Section 8.1a on the date the
196	196	21 employee sustained his or her accidental injuries:
197	197	22 (A) The employer shall, in writing, on a form
198	198	23 promulgated by the Commission, inform the employee of
199	199	24 the preferred provider program;
200	200	25 (B) Subsequent to the report of an injury by an
201	201	26 employee, the employee may choose in writing at any
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212	212	1 time to decline the preferred provider program, in
213	213	2 which case that would constitute one of the two
214	214	3 choices of medical providers to which the employee is
215	215	4 entitled under subsection (a)(2) or (a)(3); and
216	216	5 (C) Prior to the report of an injury by an
217	217	6 employee, when an employee chooses non-emergency
218	218	7 treatment from a provider not within the preferred
219	219	8 provider program, that would constitute the employee's
220	220	9 one choice of medical providers to which the employee
221	221	10 is entitled under subsection (a)(2) or (a)(3).
222	222	11 When an employer and employee so agree in writing, nothing
223	223	12 in this Act prevents an employee whose injury or disability
224	224	13 has been established under this Act, from relying in good
225	225	14 faith, on treatment by prayer or spiritual means alone, in
226	226	15 accordance with the tenets and practice of a recognized church
227	227	16 or religious denomination, by a duly accredited practitioner
228	228	17 thereof, and having nursing services appropriate therewith,
229	229	18 without suffering loss or diminution of the compensation
230	230	19 benefits under this Act. However, the employee shall submit to
231	231	20 all physical examinations required by this Act. The cost of
232	232	21 such treatment and nursing care shall be paid by the employee
233	233	22 unless the employer agrees to make such payment.
234	234	23 Where the accidental injury results in the amputation of
235	235	24 an arm, hand, leg or foot, or the enucleation of an eye, or the
236	236	25 loss of any of the natural teeth, the employer shall furnish an
237	237	26 artificial of any such members lost or damaged in accidental
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248	248	1 injury arising out of and in the course of employment, and
249	249	2 shall also furnish the necessary braces in all proper and
250	250	3 necessary cases. In cases of the loss of a member or members by
251	251	4 amputation, the employer shall, whenever necessary, maintain
252	252	5 in good repair, refit or replace the artificial limbs during
253	253	6 the lifetime of the employee. Where the accidental injury
254	254	7 accompanied by physical injury results in damage to a denture,
255	255	8 eye glasses or contact eye lenses, or where the accidental
256	256	9 injury results in damage to an artificial member, the employer
257	257	10 shall replace or repair such denture, glasses, lenses, or
258	258	11 artificial member.
259	259	12 The furnishing by the employer of any such services or
260	260	13 appliances is not an admission of liability on the part of the
261	261	14 employer to pay compensation.
262	262	15 The furnishing of any such services or appliances or the
263	263	16 servicing thereof by the employer is not the payment of
264	264	17 compensation.
265	265	18 (b) If the period of temporary total incapacity for work
266	266	19 lasts more than 3 working days, weekly compensation as
267	267	20 hereinafter provided shall be paid beginning on the 4th day of
268	268	21 such temporary total incapacity and continuing as long as the
269	269	22 total temporary incapacity lasts. In cases where the temporary
270	270	23 total incapacity for work continues for a period of 14 days or
271	271	24 more from the day of the accident compensation shall commence
272	272	25 on the day after the accident.
273	273	26 1. The compensation rate for temporary total
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284	284	1 incapacity under this paragraph (b) of this Section shall
285	285	2 be equal to 66 2/3% of the employee's average weekly wage
286	286	3 computed in accordance with Section 10, provided that it
287	287	4 shall be not less than 66 2/3% of the sum of the Federal
288	288	5 minimum wage under the Fair Labor Standards Act, or the
289	289	6 Illinois minimum wage under the Minimum Wage Law,
290	290	7 whichever is more, multiplied by 40 hours. This percentage
291	291	8 rate shall be increased by 10% for each spouse and child,
292	292	9 not to exceed 100% of the total minimum wage calculation,
293	293	10 nor exceed the employee's average weekly wage computed in
294	294	11 accordance with the provisions of Section 10, whichever is
295	295	12 less.
296	296	13 2. The compensation rate in all cases other than for
297	297	14 temporary total disability under this paragraph (b), and
298	298	15 other than for serious and permanent disfigurement under
299	299	16 paragraph (c) and other than for permanent partial
300	300	17 disability under subparagraph (2) of paragraph (d) or
301	301	18 under paragraph (e), of this Section shall be equal to 66
302	302	19 2/3% of the employee's average weekly wage computed in
303	303	20 accordance with the provisions of Section 10, provided
304	304	21 that it shall be not less than 66 2/3% of the sum of the
305	305	22 Federal minimum wage under the Fair Labor Standards Act,
306	306	23 or the Illinois minimum wage under the Minimum Wage Law,
307	307	24 whichever is more, multiplied by 40 hours. This percentage
308	308	25 rate shall be increased by 10% for each spouse and child,
309	309	26 not to exceed 100% of the total minimum wage calculation,
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320	320	1 nor exceed the employee's average weekly wage computed in
321	321	2 accordance with the provisions of Section 10, whichever is
322	322	3 less.
323	323	4 2.1. The compensation rate in all cases of serious and
324	324	5 permanent disfigurement under paragraph (c) and of
325	325	6 permanent partial disability under subparagraph (2) of
326	326	7 paragraph (d) or under paragraph (e) of this Section shall
327	327	8 be equal to 60% of the employee's average weekly wage
328	328	9 computed in accordance with the provisions of Section 10,
329	329	10 provided that it shall be not less than 66 2/3% of the sum
330	330	11 of the Federal minimum wage under the Fair Labor Standards
331	331	12 Act, or the Illinois minimum wage under the Minimum Wage
332	332	13 Law, whichever is more, multiplied by 40 hours. This
333	333	14 percentage rate shall be increased by 10% for each spouse
334	334	15 and child, not to exceed 100% of the total minimum wage
335	335	16 calculation, nor exceed the employee's average weekly wage
336	336	17 computed in accordance with the provisions of Section 10,
337	337	18 whichever is less.
338	338	19 3. As used in this Section the term "child" means a
339	339	20 child of the employee including any child legally adopted
340	340	21 before the accident or whom at the time of the accident the
341	341	22 employee was under legal obligation to support or to whom
342	342	23 the employee stood in loco parentis, and who at the time of
343	343	24 the accident was under 18 years of age and not
344	344	25 emancipated. The term "children" means the plural of
345	345	26 "child".
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356	356	1 4. All weekly compensation rates provided under
357	357	2 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
358	358	3 Section shall be subject to the following limitations:
359	359	4 The maximum weekly compensation rate from July 1,
360	360	5 1975, except as hereinafter provided, shall be 100% of the
361	361	6 State's average weekly wage in covered industries under
362	362	7 the Unemployment Insurance Act, that being the wage that
363	363	8 most closely approximates the State's average weekly wage.
364	364	9 The maximum weekly compensation rate, for the period
365	365	10 July 1, 1984, through June 30, 1987, except as hereinafter
366	366	11 provided, shall be $293.61. Effective July 1, 1987 and on
367	367	12 July 1 of each year thereafter the maximum weekly
368	368	13 compensation rate, except as hereinafter provided, shall
369	369	14 be determined as follows: if during the preceding 12 month
370	370	15 period there shall have been an increase in the State's
371	371	16 average weekly wage in covered industries under the
372	372	17 Unemployment Insurance Act, the weekly compensation rate
373	373	18 shall be proportionately increased by the same percentage
374	374	19 as the percentage of increase in the State's average
375	375	20 weekly wage in covered industries under the Unemployment
376	376	21 Insurance Act during such period.
377	377	22 The maximum weekly compensation rate, for the period
378	378	23 January 1, 1981 through December 31, 1983, except as
379	379	24 hereinafter provided, shall be 100% of the State's average
380	380	25 weekly wage in covered industries under the Unemployment
381	381	26 Insurance Act in effect on January 1, 1981. Effective
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392	392	1 January 1, 1984 and on January 1, of each year thereafter
393	393	2 the maximum weekly compensation rate, except as
394	394	3 hereinafter provided, shall be determined as follows: if
395	395	4 during the preceding 12 month period there shall have been
396	396	5 an increase in the State's average weekly wage in covered
397	397	6 industries under the Unemployment Insurance Act, the
398	398	7 weekly compensation rate shall be proportionately
399	399	8 increased by the same percentage as the percentage of
400	400	9 increase in the State's average weekly wage in covered
401	401	10 industries under the Unemployment Insurance Act during
402	402	11 such period.
403	403	12 From July 1, 1977 and thereafter such maximum weekly
404	404	13 compensation rate in death cases under Section 7, and
405	405	14 permanent total disability cases under paragraph (f) or
406	406	15 subparagraph 18 of paragraph (3) of this Section and for
407	407	16 temporary total disability under paragraph (b) of this
408	408	17 Section and for amputation of a member or enucleation of
409	409	18 an eye under paragraph (e) of this Section shall be
410	410	19 increased to 133-1/3% of the State's average weekly wage
411	411	20 in covered industries under the Unemployment Insurance
412	412	21 Act.
413	413	22 For injuries occurring on or after February 1, 2006,
414	414	23 the maximum weekly benefit under paragraph (d)1 of this
415	415	24 Section shall be 100% of the State's average weekly wage
416	416	25 in covered industries under the Unemployment Insurance
417	417	26 Act.
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428	428	1 4.1. Any provision herein to the contrary
429	429	2 notwithstanding, the weekly compensation rate for
430	430	3 compensation payments under subparagraph 18 of paragraph
431	431	4 (e) of this Section and under paragraph (f) of this
432	432	5 Section and under paragraph (a) of Section 7 and for
433	433	6 amputation of a member or enucleation of an eye under
434	434	7 paragraph (e) of this Section, shall in no event be less
435	435	8 than 50% of the State's average weekly wage in covered
436	436	9 industries under the Unemployment Insurance Act.
437	437	10 4.2. Any provision to the contrary notwithstanding,
438	438	11 the total compensation payable under Section 7 shall not
439	439	12 exceed the greater of $500,000 or 25 years.
440	440	13 5. For the purpose of this Section this State's
441	441	14 average weekly wage in covered industries under the
442	442	15 Unemployment Insurance Act on July 1, 1975 is hereby fixed
443	443	16 at $228.16 per week and the computation of compensation
444	444	17 rates shall be based on the aforesaid average weekly wage
445	445	18 until modified as hereinafter provided.
446	446	19 6. The Department of Employment Security of the State
447	447	20 shall on or before the first day of December, 1977, and on
448	448	21 or before the first day of June, 1978, and on the first day
449	449	22 of each December and June of each year thereafter, publish
450	450	23 the State's average weekly wage in covered industries
451	451	24 under the Unemployment Insurance Act and the Illinois
452	452	25 Workers' Compensation Commission shall on the 15th day of
453	453	26 January, 1978 and on the 15th day of July, 1978 and on the
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464	464	1 15th day of each January and July of each year thereafter,
465	465	2 post and publish the State's average weekly wage in
466	466	3 covered industries under the Unemployment Insurance Act as
467	467	4 last determined and published by the Department of
468	468	5 Employment Security. The amount when so posted and
469	469	6 published shall be conclusive and shall be applicable as
470	470	7 the basis of computation of compensation rates until the
471	471	8 next posting and publication as aforesaid.
472	472	9 7. The payment of compensation by an employer or his
473	473	10 insurance carrier to an injured employee shall not
474	474	11 constitute an admission of the employer's liability to pay
475	475	12 compensation.
476	476	13 (c) For any serious and permanent disfigurement to the
477	477	14 hand, head, face, neck, arm, leg below the knee or the chest
478	478	15 above the axillary line, the employee is entitled to
479	479	16 compensation for such disfigurement, the amount determined by
480	480	17 agreement at any time or by arbitration under this Act, at a
481	481	18 hearing not less than 6 months after the date of the accidental
482	482	19 injury, which amount shall not exceed 150 weeks (if the
483	483	20 accidental injury occurs on or after the effective date of
484	484	21 this amendatory Act of the 94th General Assembly but before
485	485	22 February 1, 2006) or 162 weeks (if the accidental injury
486	486	23 occurs on or after February 1, 2006) at the applicable rate
487	487	24 provided in subparagraph 2.1 of paragraph (b) of this Section.
488	488	25 No compensation is payable under this paragraph where
489	489	26 compensation is payable under paragraphs (d), (e) or (f) of
490	490
491	491
492	492
493	493
494	494
495	495	HB1547 - 13 - LRB103 05092 SPS 50106 b
496	496
497	497
498	498	HB1547- 14 -LRB103 05092 SPS 50106 b HB1547 - 14 - LRB103 05092 SPS 50106 b
499	499	HB1547 - 14 - LRB103 05092 SPS 50106 b
500	500	1 this Section.
501	501	2 A duly appointed member of a fire department in a city, the
502	502	3 population of which exceeds 500,000 according to the last
503	503	4 federal or State census, is eligible for compensation under
504	504	5 this paragraph only where such serious and permanent
505	505	6 disfigurement results from burns.
506	506	7 (d) 1. If, after the accidental injury has been sustained,
507	507	8 the employee as a result thereof becomes partially
508	508	9 incapacitated from pursuing his usual and customary line of
509	509	10 employment, he shall, except in cases compensated under the
510	510	11 specific schedule set forth in paragraph (e) of this Section,
511	511	12 receive compensation for the duration of his disability,
512	512	13 subject to the limitations as to maximum amounts fixed in
513	513	14 paragraph (b) of this Section, equal to 66-2/3% of the
514	514	15 difference between the average amount which he would be able
515	515	16 to earn in the full performance of his duties in the occupation
516	516	17 in which he was engaged at the time of the accident and the
517	517	18 average amount which he is earning or is able to earn in some
518	518	19 suitable employment or business after the accident. For
519	519	20 accidental injuries that occur on or after September 1, 2011,
520	520	21 an award for wage differential under this subsection shall be
521	521	22 effective only until the employee reaches the age of 67 or 5
522	522	23 years from the date the award becomes final, whichever is
523	523	24 later.
524	524	25 2. If, as a result of the accident, the employee sustains
525	525	26 serious and permanent injuries not covered by paragraphs (c)
526	526
527	527
528	528
529	529
530	530
531	531	HB1547 - 14 - LRB103 05092 SPS 50106 b
532	532
533	533
534	534	HB1547- 15 -LRB103 05092 SPS 50106 b HB1547 - 15 - LRB103 05092 SPS 50106 b
535	535	HB1547 - 15 - LRB103 05092 SPS 50106 b
536	536	1 and (e) of this Section or having sustained injuries covered
537	537	2 by the aforesaid paragraphs (c) and (e), he shall have
538	538	3 sustained in addition thereto other injuries which injuries do
539	539	4 not incapacitate him from pursuing the duties of his
540	540	5 employment but which would disable him from pursuing other
541	541	6 suitable occupations, or which have otherwise resulted in
542	542	7 physical impairment; or if such injuries partially
543	543	8 incapacitate him from pursuing the duties of his usual and
544	544	9 customary line of employment but do not result in an
545	545	10 impairment of earning capacity, or having resulted in an
546	546	11 impairment of earning capacity, the employee elects to waive
547	547	12 his right to recover under the foregoing subparagraph 1 of
548	548	13 paragraph (d) of this Section then in any of the foregoing
549	549	14 events, he shall receive in addition to compensation for
550	550	15 temporary total disability under paragraph (b) of this
551	551	16 Section, compensation at the rate provided in subparagraph 2.1
552	552	17 of paragraph (b) of this Section for that percentage of 500
553	553	18 weeks that the partial disability resulting from the injuries
554	554	19 covered by this paragraph bears to total disability. If the
555	555	20 employee shall have sustained a fracture of one or more
556	556	21 vertebra or fracture of the skull, the amount of compensation
557	557	22 allowed under this Section shall be not less than 6 weeks for a
558	558	23 fractured skull and 6 weeks for each fractured vertebra, and
559	559	24 in the event the employee shall have sustained a fracture of
560	560	25 any of the following facial bones: nasal, lachrymal, vomer,
561	561	26 zygoma, maxilla, palatine or mandible, the amount of
562	562
563	563
564	564
565	565
566	566
567	567	HB1547 - 15 - LRB103 05092 SPS 50106 b
568	568
569	569
570	570	HB1547- 16 -LRB103 05092 SPS 50106 b HB1547 - 16 - LRB103 05092 SPS 50106 b
571	571	HB1547 - 16 - LRB103 05092 SPS 50106 b
572	572	1 compensation allowed under this Section shall be not less than
573	573	2 2 weeks for each such fractured bone, and for a fracture of
574	574	3 each transverse process not less than 3 weeks. In the event
575	575	4 such injuries shall result in the loss of a kidney, spleen or
576	576	5 lung, the amount of compensation allowed under this Section
577	577	6 shall be not less than 10 weeks for each such organ.
578	578	7 Compensation awarded under this subparagraph 2 shall not take
579	579	8 into consideration injuries covered under paragraphs (c) and
580	580	9 (e) of this Section and the compensation provided in this
581	581	10 paragraph shall not affect the employee's right to
582	582	11 compensation payable under paragraphs (b), (c) and (e) of this
583	583	12 Section for the disabilities therein covered.
584	584	13 (e) For accidental injuries in the following schedule, the
585	585	14 employee shall receive compensation for the period of
586	586	15 temporary total incapacity for work resulting from such
587	587	16 accidental injury, under subparagraph 1 of paragraph (b) of
588	588	17 this Section, and shall receive in addition thereto
589	589	18 compensation for a further period for the specific loss herein
590	590	19 mentioned, but shall not receive any compensation under any
591	591	20 other provisions of this Act. The following listed amounts
592	592	21 apply to either the loss of or the permanent and complete loss
593	593	22 of use of the member specified, such compensation for the
594	594	23 length of time as follows:
595	595	24 1. Thumb-
596	596	25 70 weeks if the accidental injury occurs on or
597	597	26 after the effective date of this amendatory Act of the
598	598
599	599
600	600
601	601
602	602
603	603	HB1547 - 16 - LRB103 05092 SPS 50106 b
604	604
605	605
606	606	HB1547- 17 -LRB103 05092 SPS 50106 b HB1547 - 17 - LRB103 05092 SPS 50106 b
607	607	HB1547 - 17 - LRB103 05092 SPS 50106 b
608	608	1 94th General Assembly but before February 1, 2006.
609	609	2 76 weeks if the accidental injury occurs on or
610	610	3 after February 1, 2006, but before the effective date
611	611	4 of this amendatory Act of the 103rd General Assembly.
612	612	5 70 weeks if the accidental injury occurs on or
613	613	6 after the effective date of this amendatory Act of the
614	614	7 103rd General Assembly.
615	615	8 2. First, or index finger-
616	616	9 40 weeks if the accidental injury occurs on or
617	617	10 after the effective date of this amendatory Act of the
618	618	11 94th General Assembly but before February 1, 2006.
619	619	12 43 weeks if the accidental injury occurs on or
620	620	13 after February 1, 2006, but before the effective date
621	621	14 of this amendatory Act of the 103rd General Assembly.
622	622	15 40 weeks if the accidental injury occurs on or
623	623	16 after the effective date of this amendatory Act of the
624	624	17 103rd General Assembly.
625	625	18 3. Second, or middle finger-
626	626	19 35 weeks if the accidental injury occurs on or
627	627	20 after the effective date of this amendatory Act of the
628	628	21 94th General Assembly but before February 1, 2006.
629	629	22 38 weeks if the accidental injury occurs on or
630	630	23 after February 1, 2006, but before the effective date
631	631	24 of this amendatory Act of the 103rd General Assembly.
632	632	25 35 weeks if the accidental injury occurs on or
633	633	26 after the effective date of this amendatory Act of the
634	634
635	635
636	636
637	637
638	638
639	639	HB1547 - 17 - LRB103 05092 SPS 50106 b
640	640
641	641
642	642	HB1547- 18 -LRB103 05092 SPS 50106 b HB1547 - 18 - LRB103 05092 SPS 50106 b
643	643	HB1547 - 18 - LRB103 05092 SPS 50106 b
644	644	1 103rd General Assembly.
645	645	2 4. Third, or ring finger-
646	646	3 25 weeks if the accidental injury occurs on or
647	647	4 after the effective date of this amendatory Act of the
648	648	5 94th General Assembly but before February 1, 2006.
649	649	6 27 weeks if the accidental injury occurs on or
650	650	7 after February 1, 2006, but before the effective date
651	651	8 of this amendatory Act of the 103rd General Assembly.
652	652	9 25 weeks if the accidental injury occurs on or
653	653	10 after the effective date of this amendatory Act of the
654	654	11 103rd General Assembly.
655	655	12 5. Fourth, or little finger-
656	656	13 20 weeks if the accidental injury occurs on or
657	657	14 after the effective date of this amendatory Act of the
658	658	15 94th General Assembly but before February 1, 2006.
659	659	16 22 weeks if the accidental injury occurs on or
660	660	17 after February 1, 2006, but before the effective date
661	661	18 of this amendatory Act of the 103rd General Assembly.
662	662	19 20 weeks if the accidental injury occurs on or
663	663	20 after the effective date of this amendatory Act of the
664	664	21 103rd General Assembly.
665	665	22 6. Great toe-
666	666	23 35 weeks if the accidental injury occurs on or
667	667	24 after the effective date of this amendatory Act of the
668	668	25 94th General Assembly but before February 1, 2006.
669	669	26 38 weeks if the accidental injury occurs on or
670	670
671	671
672	672
673	673
674	674
675	675	HB1547 - 18 - LRB103 05092 SPS 50106 b
676	676
677	677
678	678	HB1547- 19 -LRB103 05092 SPS 50106 b HB1547 - 19 - LRB103 05092 SPS 50106 b
679	679	HB1547 - 19 - LRB103 05092 SPS 50106 b
680	680	1 after February 1, 2006, but before the effective date
681	681	2 of this amendatory Act of the 103rd General Assembly.
682	682	3 35 weeks if the accidental injury occurs on or
683	683	4 after the effective date of this amendatory Act of the
684	684	5 103rd General Assembly.
685	685	6 7. Each toe other than great toe-
686	686	7 12 weeks if the accidental injury occurs on or
687	687	8 after the effective date of this amendatory Act of the
688	688	9 94th General Assembly but before February 1, 2006.
689	689	10 13 weeks if the accidental injury occurs on or
690	690	11 after February 1, 2006, but before the effective date
691	691	12 of this amendatory Act of the 103rd General Assembly.
692	692	13 12 weeks if the accidental injury occurs on or
693	693	14 after the effective date of this amendatory Act of the
694	694	15 103rd General Assembly.
695	695	16 8. The loss of the first or distal phalanx of the thumb
696	696	17 or of any finger or toe shall be considered to be equal to
697	697	18 the loss of one-half of such thumb, finger or toe and the
698	698	19 compensation payable shall be one-half of the amount above
699	699	20 specified. The loss of more than one phalanx shall be
700	700	21 considered as the loss of the entire thumb, finger or toe.
701	701	22 In no case shall the amount received for more than one
702	702	23 finger exceed the amount provided in this schedule for the
703	703	24 loss of a hand.
704	704	25 9. Hand-
705	705	26 190 weeks if the accidental injury occurs on or
706	706
707	707
708	708
709	709
710	710
711	711	HB1547 - 19 - LRB103 05092 SPS 50106 b
712	712
713	713
714	714	HB1547- 20 -LRB103 05092 SPS 50106 b HB1547 - 20 - LRB103 05092 SPS 50106 b
715	715	HB1547 - 20 - LRB103 05092 SPS 50106 b
716	716	1 after the effective date of this amendatory Act of the
717	717	2 94th General Assembly but before February 1, 2006.
718	718	3 205 weeks if the accidental injury occurs on or
719	719	4 after February 1, 2006, but before the effective date
720	720	5 of this amendatory Act of the 103rd General Assembly.
721	721	6 190 weeks if the accidental injury occurs on or
722	722	7 after the effective date of this amendatory Act of the
723	723	8 103rd General Assembly.
724	724	9 190 weeks if the accidental injury occurs on or
725	725	10 after June 28, 2011 (the effective date of Public Act
726	726	11 97-18) and if the accidental injury involves carpal
727	727	12 tunnel syndrome due to repetitive or cumulative
728	728	13 trauma, in which case the permanent partial disability
729	729	14 shall not exceed 15% loss of use of the hand, except
730	730	15 for cause shown by clear and convincing evidence and
731	731	16 in which case the award shall not exceed 30% loss of
732	732	17 use of the hand.
733	733	18 The loss of 2 or more digits, or one or more phalanges
734	734	19 of 2 or more digits, of a hand may be compensated on the
735	735	20 basis of partial loss of use of a hand, provided, further,
736	736	21 that the loss of 4 digits, or the loss of use of 4 digits,
737	737	22 in the same hand shall constitute the complete loss of a
738	738	23 hand.
739	739	24 10. Arm-
740	740	25 235 weeks if the accidental injury occurs on or
741	741	26 after the effective date of this amendatory Act of the
742	742
743	743
744	744
745	745
746	746
747	747	HB1547 - 20 - LRB103 05092 SPS 50106 b
748	748
749	749
750	750	HB1547- 21 -LRB103 05092 SPS 50106 b HB1547 - 21 - LRB103 05092 SPS 50106 b
751	751	HB1547 - 21 - LRB103 05092 SPS 50106 b
752	752	1 94th General Assembly but before February 1, 2006.
753	753	2 253 weeks if the accidental injury occurs on or
754	754	3 after February 1, 2006, but before the effective date
755	755	4 of this amendatory Act of the 103rd General Assembly.
756	756	5 235 weeks if the accidental injury occurs on or
757	757	6 after the effective date of this amendatory Act of the
758	758	7 103rd General Assembly.
759	759	8 Where an accidental injury results in the amputation
760	760	9 of an arm below the elbow, such injury shall be
761	761	10 compensated as a loss of an arm. Where an accidental
762	762	11 injury results in the amputation of an arm above the
763	763	12 elbow, compensation for an additional 15 weeks (if the
764	764	13 accidental injury occurs on or after the effective date of
765	765	14 this amendatory Act of the 94th General Assembly but
766	766	15 before February 1, 2006) or an additional 17 weeks (if the
767	767	16 accidental injury occurs on or after February 1, 2006, but
768	768	17 before the effective date of this amendatory Act of the
769	769	18 103rd General Assembly) or an additional 15 weeks (if the
770	770	19 accidental injury occurs on or after the effective date of
771	771	20 this amendatory Act of the 103rd General Assembly) shall
772	772	21 be paid, except where the accidental injury results in the
773	773	22 amputation of an arm at the shoulder joint, or so close to
774	774	23 shoulder joint that an artificial arm cannot be used, or
775	775	24 results in the disarticulation of an arm at the shoulder
776	776	25 joint, in which case compensation for an additional 65
777	777	26 weeks (if the accidental injury occurs on or after the
778	778
779	779
780	780
781	781
782	782
783	783	HB1547 - 21 - LRB103 05092 SPS 50106 b
784	784
785	785
786	786	HB1547- 22 -LRB103 05092 SPS 50106 b HB1547 - 22 - LRB103 05092 SPS 50106 b
787	787	HB1547 - 22 - LRB103 05092 SPS 50106 b
788	788	1 effective date of this amendatory Act of the 94th General
789	789	2 Assembly but before February 1, 2006) or an additional 70
790	790	3 weeks (if the accidental injury occurs on or after
791	791	4 February 1, 2006, but before the effective date of this
792	792	5 amendatory Act of the 103rd General Assembly) or an
793	793	6 additional 65 weeks (if the accidental injury occurs on or
794	794	7 after the effective date of this amendatory Act of the
795	795	8 103rd General Assembly) shall be paid.
796	796	9 11. Foot-
797	797	10 155 weeks if the accidental injury occurs on or
798	798	11 after the effective date of this amendatory Act of the
799	799	12 94th General Assembly but before February 1, 2006.
800	800	13 167 weeks if the accidental injury occurs on or
801	801	14 after February 1, 2006, but before the effective date
802	802	15 of this amendatory Act of the 103rd General Assembly.
803	803	16 155 weeks if the accidental injury occurs on or
804	804	17 after the effective date of this amendatory Act of the
805	805	18 103rd General Assembly.
806	806	19 12. Leg-
807	807	20 200 weeks if the accidental injury occurs on or
808	808	21 after the effective date of this amendatory Act of the
809	809	22 94th General Assembly but before February 1, 2006.
810	810	23 215 weeks if the accidental injury occurs on or
811	811	24 after February 1, 2006, but before the effective date
812	812	25 of this amendatory Act of the 103rd General Assembly.
813	813	26 200 weeks if the accidental injury occurs on or
814	814
815	815
816	816
817	817
818	818
819	819	HB1547 - 22 - LRB103 05092 SPS 50106 b
820	820
821	821
822	822	HB1547- 23 -LRB103 05092 SPS 50106 b HB1547 - 23 - LRB103 05092 SPS 50106 b
823	823	HB1547 - 23 - LRB103 05092 SPS 50106 b
824	824	1 after the effective date of this amendatory Act of the
825	825	2 103rd General Assembly.
826	826	3 Where an accidental injury results in the amputation
827	827	4 of a leg below the knee, such injury shall be compensated
828	828	5 as loss of a leg. Where an accidental injury results in the
829	829	6 amputation of a leg above the knee, compensation for an
830	830	7 additional 25 weeks (if the accidental injury occurs on or
831	831	8 after the effective date of this amendatory Act of the
832	832	9 94th General Assembly but before February 1, 2006) or an
833	833	10 additional 27 weeks (if the accidental injury occurs on or
834	834	11 after February 1, 2006, but before the effective date of
835	835	12 this amendatory Act of the 103rd General Assembly) or an
836	836	13 additional 25 weeks (if the accidental injury occurs on or
837	837	14 after the effective date of this amendatory Act of the
838	838	15 103rd General Assembly) shall be paid, except where the
839	839	16 accidental injury results in the amputation of a leg at
840	840	17 the hip joint, or so close to the hip joint that an
841	841	18 artificial leg cannot be used, or results in the
842	842	19 disarticulation of a leg at the hip joint, in which case
843	843	20 compensation for an additional 75 weeks (if the accidental
844	844	21 injury occurs on or after the effective date of this
845	845	22 amendatory Act of the 94th General Assembly but before
846	846	23 February 1, 2006) or an additional 81 weeks (if the
847	847	24 accidental injury occurs on or after February 1, 2006, but
848	848	25 before the effective date of this amendatory Act of the
849	849	26 103rd General Assembly) or an additional 75 weeks (if the
850	850
851	851
852	852
853	853
854	854
855	855	HB1547 - 23 - LRB103 05092 SPS 50106 b
856	856
857	857
858	858	HB1547- 24 -LRB103 05092 SPS 50106 b HB1547 - 24 - LRB103 05092 SPS 50106 b
859	859	HB1547 - 24 - LRB103 05092 SPS 50106 b
860	860	1 accidental injury occurs on or after the effective date of
861	861	2 this amendatory Act of the 103rd General Assembly) shall
862	862	3 be paid.
863	863	4 13. Eye-
864	864	5 150 weeks if the accidental injury occurs on or
865	865	6 after the effective date of this amendatory Act of the
866	866	7 94th General Assembly but before February 1, 2006.
867	867	8 162 weeks if the accidental injury occurs on or
868	868	9 after February 1, 2006, but before the effective date
869	869	10 of this amendatory Act of the 103rd General Assembly.
870	870	11 150 weeks if the accidental injury occurs on or
871	871	12 after the effective date of this amendatory Act of the
872	872	13 103rd General Assembly.
873	873	14 Where an accidental injury results in the enucleation
874	874	15 of an eye, compensation for an additional 10 weeks (if the
875	875	16 accidental injury occurs on or after the effective date of
876	876	17 this amendatory Act of the 94th General Assembly but
877	877	18 before February 1, 2006) or an additional 11 weeks (if the
878	878	19 accidental injury occurs on or after February 1, 2006, but
879	879	20 before the effective date of this amendatory Act of the
880	880	21 103rd General Assembly) or an additional 10 weeks (if the
881	881	22 accidental injury occurs on or after the effective date of
882	882	23 this amendatory Act of the 103rd General Assembly) shall
883	883	24 be paid.
884	884	25 14. Loss of hearing of one ear-
885	885	26 50 weeks if the accidental injury occurs on or
886	886
887	887
888	888
889	889
890	890
891	891	HB1547 - 24 - LRB103 05092 SPS 50106 b
892	892
893	893
894	894	HB1547- 25 -LRB103 05092 SPS 50106 b HB1547 - 25 - LRB103 05092 SPS 50106 b
895	895	HB1547 - 25 - LRB103 05092 SPS 50106 b
896	896	1 after the effective date of this amendatory Act of the
897	897	2 94th General Assembly but before February 1, 2006.
898	898	3 54 weeks if the accidental injury occurs on or
899	899	4 after February 1, 2006, but before the effective date
900	900	5 of this amendatory Act of the 103rd General Assembly.
901	901	6 50 weeks if the accidental injury occurs on or
902	902	7 after the effective date of this amendatory Act of the
903	903	8 103rd General Assembly.
904	904	9 Total and permanent loss of hearing of both ears-
905	905	10 200 weeks if the accidental injury occurs on or
906	906	11 after the effective date of this amendatory Act of the
907	907	12 94th General Assembly but before February 1, 2006.
908	908	13 215 weeks if the accidental injury occurs on or
909	909	14 after February 1, 2006, but before the effective date
910	910	15 of this amendatory Act of the 103rd General Assembly.
911	911	16 200 weeks if the accidental injury occurs on or
912	912	17 after the effective date of this amendatory Act of the
913	913	18 103rd General Assembly.
914	914	19 15. Testicle-
915	915	20 50 weeks if the accidental injury occurs on or
916	916	21 after the effective date of this amendatory Act of the
917	917	22 94th General Assembly but before February 1, 2006.
918	918	23 54 weeks if the accidental injury occurs on or
919	919	24 after February 1, 2006, but before the effective date
920	920	25 of this amendatory Act of the 103rd General Assembly.
921	921	26 50 weeks if the accidental injury occurs on or
922	922
923	923
924	924
925	925
926	926
927	927	HB1547 - 25 - LRB103 05092 SPS 50106 b
928	928
929	929
930	930	HB1547- 26 -LRB103 05092 SPS 50106 b HB1547 - 26 - LRB103 05092 SPS 50106 b
931	931	HB1547 - 26 - LRB103 05092 SPS 50106 b
932	932	1 after the effective date of this amendatory Act of the
933	933	2 103rd General Assembly.
934	934	3 Both testicles-
935	935	4 150 weeks if the accidental injury occurs on or
936	936	5 after the effective date of this amendatory Act of the
937	937	6 94th General Assembly but before February 1, 2006.
938	938	7 162 weeks if the accidental injury occurs on or
939	939	8 after February 1, 2006, but before the effective date
940	940	9 of this amendatory Act of the 103rd General Assembly.
941	941	10 150 weeks if the accidental injury occurs on or
942	942	11 after the effective date of this amendatory Act of the
943	943	12 103rd General Assembly.
944	944	13 16. For the permanent partial loss of use of a member
945	945	14 or sight of an eye, or hearing of an ear, compensation
946	946	15 during that proportion of the number of weeks in the
947	947	16 foregoing schedule provided for the loss of such member or
948	948	17 sight of an eye, or hearing of an ear, which the partial
949	949	18 loss of use thereof bears to the total loss of use of such
950	950	19 member, or sight of eye, or hearing of an ear.
951	951	20 (a) Loss of hearing for compensation purposes
952	952	21 shall be confined to the frequencies of 1,000, 2,000
953	953	22 and 3,000 cycles per second. Loss of hearing ability
954	954	23 for frequency tones above 3,000 cycles per second are
955	955	24 not to be considered as constituting disability for
956	956	25 hearing.
957	957	26 (b) The percent of hearing loss, for purposes of
958	958
959	959
960	960
961	961
962	962
963	963	HB1547 - 26 - LRB103 05092 SPS 50106 b
964	964
965	965
966	966	HB1547- 27 -LRB103 05092 SPS 50106 b HB1547 - 27 - LRB103 05092 SPS 50106 b
967	967	HB1547 - 27 - LRB103 05092 SPS 50106 b
968	968	1 the determination of compensation claims for
969	969	2 occupational deafness, shall be calculated as the
970	970	3 average in decibels for the thresholds of hearing for
971	971	4 the frequencies of 1,000, 2,000 and 3,000 cycles per
972	972	5 second. Pure tone air conduction audiometric
973	973	6 instruments, approved by nationally recognized
974	974	7 authorities in this field, shall be used for measuring
975	975	8 hearing loss. If the losses of hearing average 30
976	976	9 decibels or less in the 3 frequencies, such losses of
977	977	10 hearing shall not then constitute any compensable
978	978	11 hearing disability. If the losses of hearing average
979	979	12 85 decibels or more in the 3 frequencies, then the same
980	980	13 shall constitute and be total or 100% compensable
981	981	14 hearing loss.
982	982	15 (c) In measuring hearing impairment, the lowest
983	983	16 measured losses in each of the 3 frequencies shall be
984	984	17 added together and divided by 3 to determine the
985	985	18 average decibel loss. For every decibel of loss
986	986	19 exceeding 30 decibels an allowance of 1.82% shall be
987	987	20 made up to the maximum of 100% which is reached at 85
988	988	21 decibels.
989	989	22 (d) If a hearing loss is established to have
990	990	23 existed on July 1, 1975 by audiometric testing the
991	991	24 employer shall not be liable for the previous loss so
992	992	25 established nor shall he be liable for any loss for
993	993	26 which compensation has been paid or awarded.
994	994
995	995
996	996
997	997
998	998
999	999	HB1547 - 27 - LRB103 05092 SPS 50106 b
1000	1000
1001	1001
1002	1002	HB1547- 28 -LRB103 05092 SPS 50106 b HB1547 - 28 - LRB103 05092 SPS 50106 b
1003	1003	HB1547 - 28 - LRB103 05092 SPS 50106 b
1004	1004	1 (e) No consideration shall be given to the
1005	1005	2 question of whether or not the ability of an employee
1006	1006	3 to understand speech is improved by the use of a
1007	1007	4 hearing aid.
1008	1008	5 (f) No claim for loss of hearing due to industrial
1009	1009	6 noise shall be brought against an employer or allowed
1010	1010	7 unless the employee has been exposed for a period of
1011	1011	8 time sufficient to cause permanent impairment to noise
1012	1012	9 levels in excess of the following:
1013	1013	10Sound Level DBA 11Slow Response Hours Per Day 1290 8 1392 6 1495 4 1597 3 16100 2 17102 1-1/2 18105 1 19110 1/2 20115 1/4 10 Sound Level DBA 11 Slow Response Hours Per Day 12 90 8 13 92 6 14 95 4 15 97 3 16 100 2 17 102 1-1/2 18 105 1 19 110 1/2 20 115 1/4
1014	1014	10 Sound Level DBA
1015	1015	11 Slow Response Hours Per Day
1016	1016	12 90 8
1017	1017	13 92 6
1018	1018	14 95 4
1019	1019	15 97 3
1020	1020	16 100 2
1021	1021	17 102 1-1/2
1022	1022	18 105 1
1023	1023	19 110 1/2
1024	1024	20 115 1/4
1025	1025	21 This subparagraph (f) shall not be applied in cases of
1026	1026	22 hearing loss resulting from trauma or explosion.
1027	1027	23 17. In computing the compensation to be paid to any
1028	1028	24 employee who, before the accident for which he claims
1029	1029	25 compensation, had before that time sustained an injury
1030	1030	26 resulting in the loss by amputation or partial loss by
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036	HB1547 - 28 - LRB103 05092 SPS 50106 b
1037	1037
1038	1038
1039	1039	10 Sound Level DBA
1040	1040	11 Slow Response Hours Per Day
1041	1041	12 90 8
1042	1042	13 92 6
1043	1043	14 95 4
1044	1044	15 97 3
1045	1045	16 100 2
1046	1046	17 102 1-1/2
1047	1047	18 105 1
1048	1048	19 110 1/2
1049	1049	20 115 1/4
1050	1050
1051	1051
1052	1052	HB1547- 29 -LRB103 05092 SPS 50106 b HB1547 - 29 - LRB103 05092 SPS 50106 b
1053	1053	HB1547 - 29 - LRB103 05092 SPS 50106 b
1054	1054	1 amputation of any member, including hand, arm, thumb or
1055	1055	2 fingers, leg, foot or any toes, such loss or partial loss
1056	1056	3 of any such member shall be deducted from any award made
1057	1057	4 for the subsequent injury. For the permanent loss of use
1058	1058	5 or the permanent partial loss of use of any such member or
1059	1059	6 the partial loss of sight of an eye, for which
1060	1060	7 compensation has been paid, then such loss shall be taken
1061	1061	8 into consideration and deducted from any award for the
1062	1062	9 subsequent injury.
1063	1063	10 18. The specific case of loss of both hands, both
1064	1064	11 arms, or both feet, or both legs, or both eyes, or of any
1065	1065	12 two thereof, or the permanent and complete loss of the use
1066	1066	13 thereof, constitutes total and permanent disability, to be
1067	1067	14 compensated according to the compensation fixed by
1068	1068	15 paragraph (f) of this Section. These specific cases of
1069	1069	16 total and permanent disability do not exclude other cases.
1070	1070	17 Any employee who has previously suffered the loss or
1071	1071	18 permanent and complete loss of the use of any of such
1072	1072	19 members, and in a subsequent independent accident loses
1073	1073	20 another or suffers the permanent and complete loss of the
1074	1074	21 use of any one of such members the employer for whom the
1075	1075	22 injured employee is working at the time of the last
1076	1076	23 independent accident is liable to pay compensation only
1077	1077	24 for the loss or permanent and complete loss of the use of
1078	1078	25 the member occasioned by the last independent accident.
1079	1079	26 19. In a case of specific loss and the subsequent
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	HB1547 - 29 - LRB103 05092 SPS 50106 b
1086	1086
1087	1087
1088	1088	HB1547- 30 -LRB103 05092 SPS 50106 b HB1547 - 30 - LRB103 05092 SPS 50106 b
1089	1089	HB1547 - 30 - LRB103 05092 SPS 50106 b
1090	1090	1 death of such injured employee from other causes than such
1091	1091	2 injury leaving a widow, widower, or dependents surviving
1092	1092	3 before payment or payment in full for such injury, then
1093	1093	4 the amount due for such injury is payable to the widow or
1094	1094	5 widower and, if there be no widow or widower, then to such
1095	1095	6 dependents, in the proportion which such dependency bears
1096	1096	7 to total dependency.
1097	1097	8 Beginning July 1, 1980, and every 6 months thereafter, the
1098	1098	9 Commission shall examine the Second Injury Fund and when,
1099	1099	10 after deducting all advances or loans made to such Fund, the
1100	1100	11 amount therein is $500,000 then the amount required to be paid
1101	1101	12 by employers pursuant to paragraph (f) of Section 7 shall be
1102	1102	13 reduced by one-half. When the Second Injury Fund reaches the
1103	1103	14 sum of $600,000 then the payments shall cease entirely.
1104	1104	15 However, when the Second Injury Fund has been reduced to
1105	1105	16 $400,000, payment of one-half of the amounts required by
1106	1106	17 paragraph (f) of Section 7 shall be resumed, in the manner
1107	1107	18 herein provided, and when the Second Injury Fund has been
1108	1108	19 reduced to $300,000, payment of the full amounts required by
1109	1109	20 paragraph (f) of Section 7 shall be resumed, in the manner
1110	1110	21 herein provided. The Commission shall make the changes in
1111	1111	22 payment effective by general order, and the changes in payment
1112	1112	23 become immediately effective for all cases coming before the
1113	1113	24 Commission thereafter either by settlement agreement or final
1114	1114	25 order, irrespective of the date of the accidental injury.
1115	1115	26 On August 1, 1996 and on February 1 and August 1 of each
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	HB1547 - 30 - LRB103 05092 SPS 50106 b
1122	1122
1123	1123
1124	1124	HB1547- 31 -LRB103 05092 SPS 50106 b HB1547 - 31 - LRB103 05092 SPS 50106 b
1125	1125	HB1547 - 31 - LRB103 05092 SPS 50106 b
1126	1126	1 subsequent year, the Commission shall examine the special fund
1127	1127	2 designated as the "Rate Adjustment Fund" and when, after
1128	1128	3 deducting all advances or loans made to said fund, the amount
1129	1129	4 therein is $4,000,000, the amount required to be paid by
1130	1130	5 employers pursuant to paragraph (f) of Section 7 shall be
1131	1131	6 reduced by one-half. When the Rate Adjustment Fund reaches the
1132	1132	7 sum of $5,000,000 the payment therein shall cease entirely.
1133	1133	8 However, when said Rate Adjustment Fund has been reduced to
1134	1134	9 $3,000,000 the amounts required by paragraph (f) of Section 7
1135	1135	10 shall be resumed in the manner herein provided.
1136	1136	11 (f) In case of complete disability, which renders the
1137	1137	12 employee wholly and permanently incapable of work, or in the
1138	1138	13 specific case of total and permanent disability as provided in
1139	1139	14 subparagraph 18 of paragraph (e) of this Section, compensation
1140	1140	15 shall be payable at the rate provided in subparagraph 2 of
1141	1141	16 paragraph (b) of this Section for life.
1142	1142	17 An employee entitled to benefits under paragraph (f) of
1143	1143	18 this Section shall also be entitled to receive from the Rate
1144	1144	19 Adjustment Fund provided in paragraph (f) of Section 7 of the
1145	1145	20 supplementary benefits provided in paragraph (g) of this
1146	1146	21 Section 8.
1147	1147	22 If any employee who receives an award under this paragraph
1148	1148	23 afterwards returns to work or is able to do so, and earns or is
1149	1149	24 able to earn as much as before the accident, payments under
1150	1150	25 such award shall cease. If such employee returns to work, or is
1151	1151	26 able to do so, and earns or is able to earn part but not as
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157	HB1547 - 31 - LRB103 05092 SPS 50106 b
1158	1158
1159	1159
1160	1160	HB1547- 32 -LRB103 05092 SPS 50106 b HB1547 - 32 - LRB103 05092 SPS 50106 b
1161	1161	HB1547 - 32 - LRB103 05092 SPS 50106 b
1162	1162	1 much as before the accident, such award shall be modified so as
1163	1163	2 to conform to an award under paragraph (d) of this Section. If
1164	1164	3 such award is terminated or reduced under the provisions of
1165	1165	4 this paragraph, such employees have the right at any time
1166	1166	5 within 30 months after the date of such termination or
1167	1167	6 reduction to file petition with the Commission for the purpose
1168	1168	7 of determining whether any disability exists as a result of
1169	1169	8 the original accidental injury and the extent thereof.
1170	1170	9 Disability as enumerated in subdivision 18, paragraph (e)
1171	1171	10 of this Section is considered complete disability.
1172	1172	11 If an employee who had previously incurred loss or the
1173	1173	12 permanent and complete loss of use of one member, through the
1174	1174	13 loss or the permanent and complete loss of the use of one hand,
1175	1175	14 one arm, one foot, one leg, or one eye, incurs permanent and
1176	1176	15 complete disability through the loss or the permanent and
1177	1177	16 complete loss of the use of another member, he shall receive,
1178	1178	17 in addition to the compensation payable by the employer and
1179	1179	18 after such payments have ceased, an amount from the Second
1180	1180	19 Injury Fund provided for in paragraph (f) of Section 7, which,
1181	1181	20 together with the compensation payable from the employer in
1182	1182	21 whose employ he was when the last accidental injury was
1183	1183	22 incurred, will equal the amount payable for permanent and
1184	1184	23 complete disability as provided in this paragraph of this
1185	1185	24 Section.
1186	1186	25 The custodian of the Second Injury Fund provided for in
1187	1187	26 paragraph (f) of Section 7 shall be joined with the employer as
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193	HB1547 - 32 - LRB103 05092 SPS 50106 b
1194	1194
1195	1195
1196	1196	HB1547- 33 -LRB103 05092 SPS 50106 b HB1547 - 33 - LRB103 05092 SPS 50106 b
1197	1197	HB1547 - 33 - LRB103 05092 SPS 50106 b
1198	1198	1 a party respondent in the application for adjustment of claim.
1199	1199	2 The application for adjustment of claim shall state briefly
1200	1200	3 and in general terms the approximate time and place and manner
1201	1201	4 of the loss of the first member.
1202	1202	5 In its award the Commission or the Arbitrator shall
1203	1203	6 specifically find the amount the injured employee shall be
1204	1204	7 weekly paid, the number of weeks compensation which shall be
1205	1205	8 paid by the employer, the date upon which payments begin out of
1206	1206	9 the Second Injury Fund provided for in paragraph (f) of
1207	1207	10 Section 7 of this Act, the length of time the weekly payments
1208	1208	11 continue, the date upon which the pension payments commence
1209	1209	12 and the monthly amount of the payments. The Commission shall
1210	1210	13 30 days after the date upon which payments out of the Second
1211	1211	14 Injury Fund have begun as provided in the award, and every
1212	1212	15 month thereafter, prepare and submit to the State Comptroller
1213	1213	16 a voucher for payment for all compensation accrued to that
1214	1214	17 date at the rate fixed by the Commission. The State
1215	1215	18 Comptroller shall draw a warrant to the injured employee along
1216	1216	19 with a receipt to be executed by the injured employee and
1217	1217	20 returned to the Commission. The endorsed warrant and receipt
1218	1218	21 is a full and complete acquittance to the Commission for the
1219	1219	22 payment out of the Second Injury Fund. No other appropriation
1220	1220	23 or warrant is necessary for payment out of the Second Injury
1221	1221	24 Fund. The Second Injury Fund is appropriated for the purpose
1222	1222	25 of making payments according to the terms of the awards.
1223	1223	26 As of July 1, 1980 to July 1, 1982, all claims against and
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	HB1547 - 33 - LRB103 05092 SPS 50106 b
1230	1230
1231	1231
1232	1232	HB1547- 34 -LRB103 05092 SPS 50106 b HB1547 - 34 - LRB103 05092 SPS 50106 b
1233	1233	HB1547 - 34 - LRB103 05092 SPS 50106 b
1234	1234	1 obligations of the Second Injury Fund shall become claims
1235	1235	2 against and obligations of the Rate Adjustment Fund to the
1236	1236	3 extent there is insufficient money in the Second Injury Fund
1237	1237	4 to pay such claims and obligations. In that case, all
1238	1238	5 references to "Second Injury Fund" in this Section shall also
1239	1239	6 include the Rate Adjustment Fund.
1240	1240	7 (g) Every award for permanent total disability entered by
1241	1241	8 the Commission on and after July 1, 1965 under which
1242	1242	9 compensation payments shall become due and payable after the
1243	1243	10 effective date of this amendatory Act, and every award for
1244	1244	11 death benefits or permanent total disability entered by the
1245	1245	12 Commission on and after the effective date of this amendatory
1246	1246	13 Act shall be subject to annual adjustments as to the amount of
1247	1247	14 the compensation rate therein provided. Such adjustments shall
1248	1248	15 first be made on July 15, 1977, and all awards made and entered
1249	1249	16 prior to July 1, 1975 and on July 15 of each year thereafter.
1250	1250	17 In all other cases such adjustment shall be made on July 15 of
1251	1251	18 the second year next following the date of the entry of the
1252	1252	19 award and shall further be made on July 15 annually
1253	1253	20 thereafter. If during the intervening period from the date of
1254	1254	21 the entry of the award, or the last periodic adjustment, there
1255	1255	22 shall have been an increase in the State's average weekly wage
1256	1256	23 in covered industries under the Unemployment Insurance Act,
1257	1257	24 the weekly compensation rate shall be proportionately
1258	1258	25 increased by the same percentage as the percentage of increase
1259	1259	26 in the State's average weekly wage in covered industries under
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	HB1547 - 34 - LRB103 05092 SPS 50106 b
1266	1266
1267	1267
1268	1268	HB1547- 35 -LRB103 05092 SPS 50106 b HB1547 - 35 - LRB103 05092 SPS 50106 b
1269	1269	HB1547 - 35 - LRB103 05092 SPS 50106 b
1270	1270	1 the Unemployment Insurance Act. The increase in the
1271	1271	2 compensation rate under this paragraph shall in no event bring
1272	1272	3 the total compensation rate to an amount greater than the
1273	1273	4 prevailing maximum rate at the time that the annual adjustment
1274	1274	5 is made. Such increase shall be paid in the same manner as
1275	1275	6 herein provided for payments under the Second Injury Fund to
1276	1276	7 the injured employee, or his dependents, as the case may be,
1277	1277	8 out of the Rate Adjustment Fund provided in paragraph (f) of
1278	1278	9 Section 7 of this Act. Payments shall be made at the same
1279	1279	10 intervals as provided in the award or, at the option of the
1280	1280	11 Commission, may be made in quarterly payment on the 15th day of
1281	1281	12 January, April, July and October of each year. In the event of
1282	1282	13 a decrease in such average weekly wage there shall be no change
1283	1283	14 in the then existing compensation rate. The within paragraph
1284	1284	15 shall not apply to cases where there is disputed liability and
1285	1285	16 in which a compromise lump sum settlement between the employer
1286	1286	17 and the injured employee, or his dependents, as the case may
1287	1287	18 be, has been duly approved by the Illinois Workers'
1288	1288	19 Compensation Commission.
1289	1289	20 Provided, that in cases of awards entered by the
1290	1290	21 Commission for injuries occurring before July 1, 1975, the
1291	1291	22 increases in the compensation rate adjusted under the
1292	1292	23 foregoing provision of this paragraph (g) shall be limited to
1293	1293	24 increases in the State's average weekly wage in covered
1294	1294	25 industries under the Unemployment Insurance Act occurring
1295	1295	26 after July 1, 1975.
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB1547 - 35 - LRB103 05092 SPS 50106 b
1302	1302
1303	1303
1304	1304	HB1547- 36 -LRB103 05092 SPS 50106 b HB1547 - 36 - LRB103 05092 SPS 50106 b
1305	1305	HB1547 - 36 - LRB103 05092 SPS 50106 b
1306	1306	1 For every accident occurring on or after July 20, 2005 but
1307	1307	2 before the effective date of this amendatory Act of the 94th
1308	1308	3 General Assembly (Senate Bill 1283 of the 94th General
1309	1309	4 Assembly), the annual adjustments to the compensation rate in
1310	1310	5 awards for death benefits or permanent total disability, as
1311	1311	6 provided in this Act, shall be paid by the employer. The
1312	1312	7 adjustment shall be made by the employer on July 15 of the
1313	1313	8 second year next following the date of the entry of the award
1314	1314	9 and shall further be made on July 15 annually thereafter. If
1315	1315	10 during the intervening period from the date of the entry of the
1316	1316	11 award, or the last periodic adjustment, there shall have been
1317	1317	12 an increase in the State's average weekly wage in covered
1318	1318	13 industries under the Unemployment Insurance Act, the employer
1319	1319	14 shall increase the weekly compensation rate proportionately by
1320	1320	15 the same percentage as the percentage of increase in the
1321	1321	16 State's average weekly wage in covered industries under the
1322	1322	17 Unemployment Insurance Act. The increase in the compensation
1323	1323	18 rate under this paragraph shall in no event bring the total
1324	1324	19 compensation rate to an amount greater than the prevailing
1325	1325	20 maximum rate at the time that the annual adjustment is made. In
1326	1326	21 the event of a decrease in such average weekly wage there shall
1327	1327	22 be no change in the then existing compensation rate. Such
1328	1328	23 increase shall be paid by the employer in the same manner and
1329	1329	24 at the same intervals as the payment of compensation in the
1330	1330	25 award. This paragraph shall not apply to cases where there is
1331	1331	26 disputed liability and in which a compromise lump sum
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	HB1547 - 36 - LRB103 05092 SPS 50106 b
1338	1338
1339	1339
1340	1340	HB1547- 37 -LRB103 05092 SPS 50106 b HB1547 - 37 - LRB103 05092 SPS 50106 b
1341	1341	HB1547 - 37 - LRB103 05092 SPS 50106 b
1342	1342	1 settlement between the employer and the injured employee, or
1343	1343	2 his or her dependents, as the case may be, has been duly
1344	1344	3 approved by the Illinois Workers' Compensation Commission.
1345	1345	4 The annual adjustments for every award of death benefits
1346	1346	5 or permanent total disability involving accidents occurring
1347	1347	6 before July 20, 2005 and accidents occurring on or after the
1348	1348	7 effective date of this amendatory Act of the 94th General
1349	1349	8 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
1350	1350	9 continue to be paid from the Rate Adjustment Fund pursuant to
1351	1351	10 this paragraph and Section 7(f) of this Act.
1352	1352	11 (h) In case death occurs from any cause before the total
1353	1353	12 compensation to which the employee would have been entitled
1354	1354	13 has been paid, then in case the employee leaves any widow,
1355	1355	14 widower, child, parent (or any grandchild, grandparent or
1356	1356	15 other lineal heir or any collateral heir dependent at the time
1357	1357	16 of the accident upon the earnings of the employee to the extent
1358	1358	17 of 50% or more of total dependency) such compensation shall be
1359	1359	18 paid to the beneficiaries of the deceased employee and
1360	1360	19 distributed as provided in paragraph (g) of Section 7.
1361	1361	20 (h-1) In case an injured employee is under legal
1362	1362	21 disability at the time when any right or privilege accrues to
1363	1363	22 him or her under this Act, a guardian may be appointed pursuant
1364	1364	23 to law, and may, on behalf of such person under legal
1365	1365	24 disability, claim and exercise any such right or privilege
1366	1366	25 with the same effect as if the employee himself or herself had
1367	1367	26 claimed or exercised the right or privilege. No limitations of
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	HB1547 - 37 - LRB103 05092 SPS 50106 b
1374	1374
1375	1375
1376	1376	HB1547- 38 -LRB103 05092 SPS 50106 b HB1547 - 38 - LRB103 05092 SPS 50106 b
1377	1377	HB1547 - 38 - LRB103 05092 SPS 50106 b
1378	1378	1 time provided by this Act run so long as the employee who is
1379	1379	2 under legal disability is without a conservator or guardian.
1380	1380	3 (i) In case the injured employee is under 16 years of age
1381	1381	4 at the time of the accident and is illegally employed, the
1382	1382	5 amount of compensation payable under paragraphs (b), (c), (d),
1383	1383	6 (e) and (f) of this Section is increased 50%.
1384	1384	7 However, where an employer has on file an employment
1385	1385	8 certificate issued pursuant to the Child Labor Law or work
1386	1386	9 permit issued pursuant to the Federal Fair Labor Standards
1387	1387	10 Act, as amended, or a birth certificate properly and duly
1388	1388	11 issued, such certificate, permit or birth certificate is
1389	1389	12 conclusive evidence as to the age of the injured minor
1390	1390	13 employee for the purposes of this Section.
1391	1391	14 Nothing herein contained repeals or amends the provisions
1392	1392	15 of the Child Labor Law relating to the employment of minors
1393	1393	16 under the age of 16 years.
1394	1394	17 (j) 1. In the event the injured employee receives
1395	1395	18 benefits, including medical, surgical or hospital benefits
1396	1396	19 under any group plan covering non-occupational disabilities
1397	1397	20 contributed to wholly or partially by the employer, which
1398	1398	21 benefits should not have been payable if any rights of
1399	1399	22 recovery existed under this Act, then such amounts so paid to
1400	1400	23 the employee from any such group plan as shall be consistent
1401	1401	24 with, and limited to, the provisions of paragraph 2 hereof,
1402	1402	25 shall be credited to or against any compensation payment for
1403	1403	26 temporary total incapacity for work or any medical, surgical
1404	1404
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409	HB1547 - 38 - LRB103 05092 SPS 50106 b
1410	1410
1411	1411
1412	1412	HB1547- 39 -LRB103 05092 SPS 50106 b HB1547 - 39 - LRB103 05092 SPS 50106 b
1413	1413	HB1547 - 39 - LRB103 05092 SPS 50106 b
1414	1414	1 or hospital benefits made or to be made under this Act. In such
1415	1415	2 event, the period of time for giving notice of accidental
1416	1416	3 injury and filing application for adjustment of claim does not
1417	1417	4 commence to run until the termination of such payments. This
1418	1418	5 paragraph does not apply to payments made under any group plan
1419	1419	6 which would have been payable irrespective of an accidental
1420	1420	7 injury under this Act. Any employer receiving such credit
1421	1421	8 shall keep such employee safe and harmless from any and all
1422	1422	9 claims or liabilities that may be made against him by reason of
1423	1423	10 having received such payments only to the extent of such
1424	1424	11 credit.
1425	1425	12 Any excess benefits paid to or on behalf of a State
1426	1426	13 employee by the State Employees' Retirement System under
1427	1427	14 Article 14 of the Illinois Pension Code on a death claim or
1428	1428	15 disputed disability claim shall be credited against any
1429	1429	16 payments made or to be made by the State of Illinois to or on
1430	1430	17 behalf of such employee under this Act, except for payments
1431	1431	18 for medical expenses which have already been incurred at the
1432	1432	19 time of the award. The State of Illinois shall directly
1433	1433	20 reimburse the State Employees' Retirement System to the extent
1434	1434	21 of such credit.
1435	1435	22 2. Nothing contained in this Act shall be construed to
1436	1436	23 give the employer or the insurance carrier the right to credit
1437	1437	24 for any benefits or payments received by the employee other
1438	1438	25 than compensation payments provided by this Act, and where the
1439	1439	26 employee receives payments other than compensation payments,
1440	1440
1441	1441
1442	1442
1443	1443
1444	1444
1445	1445	HB1547 - 39 - LRB103 05092 SPS 50106 b
1446	1446
1447	1447
1448	1448	HB1547- 40 -LRB103 05092 SPS 50106 b HB1547 - 40 - LRB103 05092 SPS 50106 b
1449	1449	HB1547 - 40 - LRB103 05092 SPS 50106 b
1450	1450	1 whether as full or partial salary, group insurance benefits,
1451	1451	2 bonuses, annuities or any other payments, the employer or
1452	1452	3 insurance carrier shall receive credit for each such payment
1453	1453	4 only to the extent of the compensation that would have been
1454	1454	5 payable during the period covered by such payment.
1455	1455	6 3. The extension of time for the filing of an Application
1456	1456	7 for Adjustment of Claim as provided in paragraph 1 above shall
1457	1457	8 not apply to those cases where the time for such filing had
1458	1458	9 expired prior to the date on which payments or benefits
1459	1459	10 enumerated herein have been initiated or resumed. Provided
1460	1460	11 however that this paragraph 3 shall apply only to cases
1461	1461	12 wherein the payments or benefits hereinabove enumerated shall
1462	1462	13 be received after July 1, 1969.
1463	1463	14 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1464	1464	15 97-813, eff. 7-13-12.)
1465	1465	16 Section 99. Effective date. This Act takes effect upon
1466	1466	17 becoming law.
1467	1467
1468	1468
1469	1469
1470	1470
1471	1471
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