Illinois 2023-2024 Regular Session

Illinois House Bill HB1549 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1549 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Provides that, for purposes of awarding compensation for injuries, an injury to the shoulder shall be considered an injury to a part of the arm and an injury to the hip shall be considered an injury to a part of the leg. Effective immediately. LRB103 05094 SPS 50108 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1549 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. Provides that, for purposes of awarding compensation for injuries, an injury to the shoulder shall be considered an injury to a part of the arm and an injury to the hip shall be considered an injury to a part of the leg. Effective immediately. LRB103 05094 SPS 50108 b LRB103 05094 SPS 50108 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1549 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
33 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
44 820 ILCS 305/8 from Ch. 48, par. 138.8
55 Amends the Workers' Compensation Act. Provides that, for purposes of awarding compensation for injuries, an injury to the shoulder shall be considered an injury to a part of the arm and an injury to the hip shall be considered an injury to a part of the leg. Effective immediately.
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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Workers' Compensation Act is amended by
1515 5 changing Section 8 as follows:
1616 6 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
1717 7 Sec. 8. The amount of compensation which shall be paid to
1818 8 the employee for an accidental injury not resulting in death
1919 9 is:
2020 10 (a) The employer shall provide and pay the negotiated
2121 11 rate, if applicable, or the lesser of the health care
2222 12 provider's actual charges or according to a fee schedule,
2323 13 subject to Section 8.2, in effect at the time the service was
2424 14 rendered for all the necessary first aid, medical and surgical
2525 15 services, and all necessary medical, surgical and hospital
2626 16 services thereafter incurred, limited, however, to that which
2727 17 is reasonably required to cure or relieve from the effects of
2828 18 the accidental injury, even if a health care provider sells,
2929 19 transfers, or otherwise assigns an account receivable for
3030 20 procedures, treatments, or services covered under this Act. If
3131 21 the employer does not dispute payment of first aid, medical,
3232 22 surgical, and hospital services, the employer shall make such
3333 23 payment to the provider on behalf of the employee. The
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1549 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3838 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
3939 820 ILCS 305/8 from Ch. 48, par. 138.8
4040 Amends the Workers' Compensation Act. Provides that, for purposes of awarding compensation for injuries, an injury to the shoulder shall be considered an injury to a part of the arm and an injury to the hip shall be considered an injury to a part of the leg. Effective immediately.
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6868 1 employer shall also pay for treatment, instruction and
6969 2 training necessary for the physical, mental and vocational
7070 3 rehabilitation of the employee, including all maintenance
7171 4 costs and expenses incidental thereto. If as a result of the
7272 5 injury the employee is unable to be self-sufficient the
7373 6 employer shall further pay for such maintenance or
7474 7 institutional care as shall be required.
7575 8 The employee may at any time elect to secure his own
7676 9 physician, surgeon and hospital services at the employer's
7777 10 expense, or,
7878 11 Upon agreement between the employer and the employees, or
7979 12 the employees' exclusive representative, and subject to the
8080 13 approval of the Illinois Workers' Compensation Commission, the
8181 14 employer shall maintain a list of physicians, to be known as a
8282 15 Panel of Physicians, who are accessible to the employees. The
8383 16 employer shall post this list in a place or places easily
8484 17 accessible to his employees. The employee shall have the right
8585 18 to make an alternative choice of physician from such Panel if
8686 19 he is not satisfied with the physician first selected. If, due
8787 20 to the nature of the injury or its occurrence away from the
8888 21 employer's place of business, the employee is unable to make a
8989 22 selection from the Panel, the selection process from the Panel
9090 23 shall not apply. The physician selected from the Panel may
9191 24 arrange for any consultation, referral or other specialized
9292 25 medical services outside the Panel at the employer's expense.
9393 26 Provided that, in the event the Commission shall find that a
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104104 1 doctor selected by the employee is rendering improper or
105105 2 inadequate care, the Commission may order the employee to
106106 3 select another doctor certified or qualified in the medical
107107 4 field for which treatment is required. If the employee refuses
108108 5 to make such change the Commission may relieve the employer of
109109 6 his obligation to pay the doctor's charges from the date of
110110 7 refusal to the date of compliance.
111111 8 Any vocational rehabilitation counselors who provide
112112 9 service under this Act shall have appropriate certifications
113113 10 which designate the counselor as qualified to render opinions
114114 11 relating to vocational rehabilitation. Vocational
115115 12 rehabilitation may include, but is not limited to, counseling
116116 13 for job searches, supervising a job search program, and
117117 14 vocational retraining including education at an accredited
118118 15 learning institution. The employee or employer may petition to
119119 16 the Commission to decide disputes relating to vocational
120120 17 rehabilitation and the Commission shall resolve any such
121121 18 dispute, including payment of the vocational rehabilitation
122122 19 program by the employer.
123123 20 The maintenance benefit shall not be less than the
124124 21 temporary total disability rate determined for the employee.
125125 22 In addition, maintenance shall include costs and expenses
126126 23 incidental to the vocational rehabilitation program.
127127 24 When the employee is working light duty on a part-time
128128 25 basis or full-time basis and earns less than he or she would be
129129 26 earning if employed in the full capacity of the job or jobs,
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140140 1 then the employee shall be entitled to temporary partial
141141 2 disability benefits. Temporary partial disability benefits
142142 3 shall be equal to two-thirds of the difference between the
143143 4 average amount that the employee would be able to earn in the
144144 5 full performance of his or her duties in the occupation in
145145 6 which he or she was engaged at the time of accident and the
146146 7 gross amount which he or she is earning in the modified job
147147 8 provided to the employee by the employer or in any other job
148148 9 that the employee is working.
149149 10 Every hospital, physician, surgeon or other person
150150 11 rendering treatment or services in accordance with the
151151 12 provisions of this Section shall upon written request furnish
152152 13 full and complete reports thereof to, and permit their records
153153 14 to be copied by, the employer, the employee or his dependents,
154154 15 as the case may be, or any other party to any proceeding for
155155 16 compensation before the Commission, or their attorneys.
156156 17 Notwithstanding the foregoing, the employer's liability to
157157 18 pay for such medical services selected by the employee shall
158158 19 be limited to:
159159 20 (1) all first aid and emergency treatment; plus
160160 21 (2) all medical, surgical and hospital services
161161 22 provided by the physician, surgeon or hospital initially
162162 23 chosen by the employee or by any other physician,
163163 24 consultant, expert, institution or other provider of
164164 25 services recommended by said initial service provider or
165165 26 any subsequent provider of medical services in the chain
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176176 1 of referrals from said initial service provider; plus
177177 2 (3) all medical, surgical and hospital services
178178 3 provided by any second physician, surgeon or hospital
179179 4 subsequently chosen by the employee or by any other
180180 5 physician, consultant, expert, institution or other
181181 6 provider of services recommended by said second service
182182 7 provider or any subsequent provider of medical services in
183183 8 the chain of referrals from said second service provider.
184184 9 Thereafter the employer shall select and pay for all
185185 10 necessary medical, surgical and hospital treatment and the
186186 11 employee may not select a provider of medical services at
187187 12 the employer's expense unless the employer agrees to such
188188 13 selection. At any time the employee may obtain any medical
189189 14 treatment he desires at his own expense. This paragraph
190190 15 shall not affect the duty to pay for rehabilitation
191191 16 referred to above.
192192 17 (4) The following shall apply for injuries occurring
193193 18 on or after June 28, 2011 (the effective date of Public Act
194194 19 97-18) and only when an employer has an approved preferred
195195 20 provider program pursuant to Section 8.1a on the date the
196196 21 employee sustained his or her accidental injuries:
197197 22 (A) The employer shall, in writing, on a form
198198 23 promulgated by the Commission, inform the employee of
199199 24 the preferred provider program;
200200 25 (B) Subsequent to the report of an injury by an
201201 26 employee, the employee may choose in writing at any
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212212 1 time to decline the preferred provider program, in
213213 2 which case that would constitute one of the two
214214 3 choices of medical providers to which the employee is
215215 4 entitled under subsection (a)(2) or (a)(3); and
216216 5 (C) Prior to the report of an injury by an
217217 6 employee, when an employee chooses non-emergency
218218 7 treatment from a provider not within the preferred
219219 8 provider program, that would constitute the employee's
220220 9 one choice of medical providers to which the employee
221221 10 is entitled under subsection (a)(2) or (a)(3).
222222 11 When an employer and employee so agree in writing, nothing
223223 12 in this Act prevents an employee whose injury or disability
224224 13 has been established under this Act, from relying in good
225225 14 faith, on treatment by prayer or spiritual means alone, in
226226 15 accordance with the tenets and practice of a recognized church
227227 16 or religious denomination, by a duly accredited practitioner
228228 17 thereof, and having nursing services appropriate therewith,
229229 18 without suffering loss or diminution of the compensation
230230 19 benefits under this Act. However, the employee shall submit to
231231 20 all physical examinations required by this Act. The cost of
232232 21 such treatment and nursing care shall be paid by the employee
233233 22 unless the employer agrees to make such payment.
234234 23 Where the accidental injury results in the amputation of
235235 24 an arm, hand, leg or foot, or the enucleation of an eye, or the
236236 25 loss of any of the natural teeth, the employer shall furnish an
237237 26 artificial of any such members lost or damaged in accidental
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248248 1 injury arising out of and in the course of employment, and
249249 2 shall also furnish the necessary braces in all proper and
250250 3 necessary cases. In cases of the loss of a member or members by
251251 4 amputation, the employer shall, whenever necessary, maintain
252252 5 in good repair, refit or replace the artificial limbs during
253253 6 the lifetime of the employee. Where the accidental injury
254254 7 accompanied by physical injury results in damage to a denture,
255255 8 eye glasses or contact eye lenses, or where the accidental
256256 9 injury results in damage to an artificial member, the employer
257257 10 shall replace or repair such denture, glasses, lenses, or
258258 11 artificial member.
259259 12 The furnishing by the employer of any such services or
260260 13 appliances is not an admission of liability on the part of the
261261 14 employer to pay compensation.
262262 15 The furnishing of any such services or appliances or the
263263 16 servicing thereof by the employer is not the payment of
264264 17 compensation.
265265 18 (b) If the period of temporary total incapacity for work
266266 19 lasts more than 3 working days, weekly compensation as
267267 20 hereinafter provided shall be paid beginning on the 4th day of
268268 21 such temporary total incapacity and continuing as long as the
269269 22 total temporary incapacity lasts. In cases where the temporary
270270 23 total incapacity for work continues for a period of 14 days or
271271 24 more from the day of the accident compensation shall commence
272272 25 on the day after the accident.
273273 26 1. The compensation rate for temporary total
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284284 1 incapacity under this paragraph (b) of this Section shall
285285 2 be equal to 66 2/3% of the employee's average weekly wage
286286 3 computed in accordance with Section 10, provided that it
287287 4 shall be not less than 66 2/3% of the sum of the Federal
288288 5 minimum wage under the Fair Labor Standards Act, or the
289289 6 Illinois minimum wage under the Minimum Wage Law,
290290 7 whichever is more, multiplied by 40 hours. This percentage
291291 8 rate shall be increased by 10% for each spouse and child,
292292 9 not to exceed 100% of the total minimum wage calculation,
293293 10 nor exceed the employee's average weekly wage computed in
294294 11 accordance with the provisions of Section 10, whichever is
295295 12 less.
296296 13 2. The compensation rate in all cases other than for
297297 14 temporary total disability under this paragraph (b), and
298298 15 other than for serious and permanent disfigurement under
299299 16 paragraph (c) and other than for permanent partial
300300 17 disability under subparagraph (2) of paragraph (d) or
301301 18 under paragraph (e), of this Section shall be equal to 66
302302 19 2/3% of the employee's average weekly wage computed in
303303 20 accordance with the provisions of Section 10, provided
304304 21 that it shall be not less than 66 2/3% of the sum of the
305305 22 Federal minimum wage under the Fair Labor Standards Act,
306306 23 or the Illinois minimum wage under the Minimum Wage Law,
307307 24 whichever is more, multiplied by 40 hours. This percentage
308308 25 rate shall be increased by 10% for each spouse and child,
309309 26 not to exceed 100% of the total minimum wage calculation,
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320320 1 nor exceed the employee's average weekly wage computed in
321321 2 accordance with the provisions of Section 10, whichever is
322322 3 less.
323323 4 2.1. The compensation rate in all cases of serious and
324324 5 permanent disfigurement under paragraph (c) and of
325325 6 permanent partial disability under subparagraph (2) of
326326 7 paragraph (d) or under paragraph (e) of this Section shall
327327 8 be equal to 60% of the employee's average weekly wage
328328 9 computed in accordance with the provisions of Section 10,
329329 10 provided that it shall be not less than 66 2/3% of the sum
330330 11 of the Federal minimum wage under the Fair Labor Standards
331331 12 Act, or the Illinois minimum wage under the Minimum Wage
332332 13 Law, whichever is more, multiplied by 40 hours. This
333333 14 percentage rate shall be increased by 10% for each spouse
334334 15 and child, not to exceed 100% of the total minimum wage
335335 16 calculation, nor exceed the employee's average weekly wage
336336 17 computed in accordance with the provisions of Section 10,
337337 18 whichever is less.
338338 19 3. As used in this Section the term "child" means a
339339 20 child of the employee including any child legally adopted
340340 21 before the accident or whom at the time of the accident the
341341 22 employee was under legal obligation to support or to whom
342342 23 the employee stood in loco parentis, and who at the time of
343343 24 the accident was under 18 years of age and not
344344 25 emancipated. The term "children" means the plural of
345345 26 "child".
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356356 1 4. All weekly compensation rates provided under
357357 2 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
358358 3 Section shall be subject to the following limitations:
359359 4 The maximum weekly compensation rate from July 1,
360360 5 1975, except as hereinafter provided, shall be 100% of the
361361 6 State's average weekly wage in covered industries under
362362 7 the Unemployment Insurance Act, that being the wage that
363363 8 most closely approximates the State's average weekly wage.
364364 9 The maximum weekly compensation rate, for the period
365365 10 July 1, 1984, through June 30, 1987, except as hereinafter
366366 11 provided, shall be $293.61. Effective July 1, 1987 and on
367367 12 July 1 of each year thereafter the maximum weekly
368368 13 compensation rate, except as hereinafter provided, shall
369369 14 be determined as follows: if during the preceding 12 month
370370 15 period there shall have been an increase in the State's
371371 16 average weekly wage in covered industries under the
372372 17 Unemployment Insurance Act, the weekly compensation rate
373373 18 shall be proportionately increased by the same percentage
374374 19 as the percentage of increase in the State's average
375375 20 weekly wage in covered industries under the Unemployment
376376 21 Insurance Act during such period.
377377 22 The maximum weekly compensation rate, for the period
378378 23 January 1, 1981 through December 31, 1983, except as
379379 24 hereinafter provided, shall be 100% of the State's average
380380 25 weekly wage in covered industries under the Unemployment
381381 26 Insurance Act in effect on January 1, 1981. Effective
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392392 1 January 1, 1984 and on January 1, of each year thereafter
393393 2 the maximum weekly compensation rate, except as
394394 3 hereinafter provided, shall be determined as follows: if
395395 4 during the preceding 12 month period there shall have been
396396 5 an increase in the State's average weekly wage in covered
397397 6 industries under the Unemployment Insurance Act, the
398398 7 weekly compensation rate shall be proportionately
399399 8 increased by the same percentage as the percentage of
400400 9 increase in the State's average weekly wage in covered
401401 10 industries under the Unemployment Insurance Act during
402402 11 such period.
403403 12 From July 1, 1977 and thereafter such maximum weekly
404404 13 compensation rate in death cases under Section 7, and
405405 14 permanent total disability cases under paragraph (f) or
406406 15 subparagraph 18 of paragraph (3) of this Section and for
407407 16 temporary total disability under paragraph (b) of this
408408 17 Section and for amputation of a member or enucleation of
409409 18 an eye under paragraph (e) of this Section shall be
410410 19 increased to 133-1/3% of the State's average weekly wage
411411 20 in covered industries under the Unemployment Insurance
412412 21 Act.
413413 22 For injuries occurring on or after February 1, 2006,
414414 23 the maximum weekly benefit under paragraph (d)1 of this
415415 24 Section shall be 100% of the State's average weekly wage
416416 25 in covered industries under the Unemployment Insurance
417417 26 Act.
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428428 1 4.1. Any provision herein to the contrary
429429 2 notwithstanding, the weekly compensation rate for
430430 3 compensation payments under subparagraph 18 of paragraph
431431 4 (e) of this Section and under paragraph (f) of this
432432 5 Section and under paragraph (a) of Section 7 and for
433433 6 amputation of a member or enucleation of an eye under
434434 7 paragraph (e) of this Section, shall in no event be less
435435 8 than 50% of the State's average weekly wage in covered
436436 9 industries under the Unemployment Insurance Act.
437437 10 4.2. Any provision to the contrary notwithstanding,
438438 11 the total compensation payable under Section 7 shall not
439439 12 exceed the greater of $500,000 or 25 years.
440440 13 5. For the purpose of this Section this State's
441441 14 average weekly wage in covered industries under the
442442 15 Unemployment Insurance Act on July 1, 1975 is hereby fixed
443443 16 at $228.16 per week and the computation of compensation
444444 17 rates shall be based on the aforesaid average weekly wage
445445 18 until modified as hereinafter provided.
446446 19 6. The Department of Employment Security of the State
447447 20 shall on or before the first day of December, 1977, and on
448448 21 or before the first day of June, 1978, and on the first day
449449 22 of each December and June of each year thereafter, publish
450450 23 the State's average weekly wage in covered industries
451451 24 under the Unemployment Insurance Act and the Illinois
452452 25 Workers' Compensation Commission shall on the 15th day of
453453 26 January, 1978 and on the 15th day of July, 1978 and on the
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464464 1 15th day of each January and July of each year thereafter,
465465 2 post and publish the State's average weekly wage in
466466 3 covered industries under the Unemployment Insurance Act as
467467 4 last determined and published by the Department of
468468 5 Employment Security. The amount when so posted and
469469 6 published shall be conclusive and shall be applicable as
470470 7 the basis of computation of compensation rates until the
471471 8 next posting and publication as aforesaid.
472472 9 7. The payment of compensation by an employer or his
473473 10 insurance carrier to an injured employee shall not
474474 11 constitute an admission of the employer's liability to pay
475475 12 compensation.
476476 13 (c) For any serious and permanent disfigurement to the
477477 14 hand, head, face, neck, arm, leg below the knee or the chest
478478 15 above the axillary line, the employee is entitled to
479479 16 compensation for such disfigurement, the amount determined by
480480 17 agreement at any time or by arbitration under this Act, at a
481481 18 hearing not less than 6 months after the date of the accidental
482482 19 injury, which amount shall not exceed 150 weeks (if the
483483 20 accidental injury occurs on or after the effective date of
484484 21 this amendatory Act of the 94th General Assembly but before
485485 22 February 1, 2006) or 162 weeks (if the accidental injury
486486 23 occurs on or after February 1, 2006) at the applicable rate
487487 24 provided in subparagraph 2.1 of paragraph (b) of this Section.
488488 25 No compensation is payable under this paragraph where
489489 26 compensation is payable under paragraphs (d), (e) or (f) of
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500500 1 this Section.
501501 2 A duly appointed member of a fire department in a city, the
502502 3 population of which exceeds 500,000 according to the last
503503 4 federal or State census, is eligible for compensation under
504504 5 this paragraph only where such serious and permanent
505505 6 disfigurement results from burns.
506506 7 (d) 1. If, after the accidental injury has been sustained,
507507 8 the employee as a result thereof becomes partially
508508 9 incapacitated from pursuing his usual and customary line of
509509 10 employment, he shall, except in cases compensated under the
510510 11 specific schedule set forth in paragraph (e) of this Section,
511511 12 receive compensation for the duration of his disability,
512512 13 subject to the limitations as to maximum amounts fixed in
513513 14 paragraph (b) of this Section, equal to 66-2/3% of the
514514 15 difference between the average amount which he would be able
515515 16 to earn in the full performance of his duties in the occupation
516516 17 in which he was engaged at the time of the accident and the
517517 18 average amount which he is earning or is able to earn in some
518518 19 suitable employment or business after the accident. For
519519 20 accidental injuries that occur on or after September 1, 2011,
520520 21 an award for wage differential under this subsection shall be
521521 22 effective only until the employee reaches the age of 67 or 5
522522 23 years from the date the award becomes final, whichever is
523523 24 later.
524524 25 2. If, as a result of the accident, the employee sustains
525525 26 serious and permanent injuries not covered by paragraphs (c)
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536536 1 and (e) of this Section or having sustained injuries covered
537537 2 by the aforesaid paragraphs (c) and (e), he shall have
538538 3 sustained in addition thereto other injuries which injuries do
539539 4 not incapacitate him from pursuing the duties of his
540540 5 employment but which would disable him from pursuing other
541541 6 suitable occupations, or which have otherwise resulted in
542542 7 physical impairment; or if such injuries partially
543543 8 incapacitate him from pursuing the duties of his usual and
544544 9 customary line of employment but do not result in an
545545 10 impairment of earning capacity, or having resulted in an
546546 11 impairment of earning capacity, the employee elects to waive
547547 12 his right to recover under the foregoing subparagraph 1 of
548548 13 paragraph (d) of this Section then in any of the foregoing
549549 14 events, he shall receive in addition to compensation for
550550 15 temporary total disability under paragraph (b) of this
551551 16 Section, compensation at the rate provided in subparagraph 2.1
552552 17 of paragraph (b) of this Section for that percentage of 500
553553 18 weeks that the partial disability resulting from the injuries
554554 19 covered by this paragraph bears to total disability. If the
555555 20 employee shall have sustained a fracture of one or more
556556 21 vertebra or fracture of the skull, the amount of compensation
557557 22 allowed under this Section shall be not less than 6 weeks for a
558558 23 fractured skull and 6 weeks for each fractured vertebra, and
559559 24 in the event the employee shall have sustained a fracture of
560560 25 any of the following facial bones: nasal, lachrymal, vomer,
561561 26 zygoma, maxilla, palatine or mandible, the amount of
562562
563563
564564
565565
566566
567567 HB1549 - 15 - LRB103 05094 SPS 50108 b
568568
569569
570570 HB1549- 16 -LRB103 05094 SPS 50108 b HB1549 - 16 - LRB103 05094 SPS 50108 b
571571 HB1549 - 16 - LRB103 05094 SPS 50108 b
572572 1 compensation allowed under this Section shall be not less than
573573 2 2 weeks for each such fractured bone, and for a fracture of
574574 3 each transverse process not less than 3 weeks. In the event
575575 4 such injuries shall result in the loss of a kidney, spleen or
576576 5 lung, the amount of compensation allowed under this Section
577577 6 shall be not less than 10 weeks for each such organ.
578578 7 Compensation awarded under this subparagraph 2 shall not take
579579 8 into consideration injuries covered under paragraphs (c) and
580580 9 (e) of this Section and the compensation provided in this
581581 10 paragraph shall not affect the employee's right to
582582 11 compensation payable under paragraphs (b), (c) and (e) of this
583583 12 Section for the disabilities therein covered.
584584 13 (e) For accidental injuries in the following schedule, the
585585 14 employee shall receive compensation for the period of
586586 15 temporary total incapacity for work resulting from such
587587 16 accidental injury, under subparagraph 1 of paragraph (b) of
588588 17 this Section, and shall receive in addition thereto
589589 18 compensation for a further period for the specific loss herein
590590 19 mentioned, but shall not receive any compensation under any
591591 20 other provisions of this Act. The following listed amounts
592592 21 apply to either the loss of or the permanent and complete loss
593593 22 of use of the member specified, such compensation for the
594594 23 length of time as follows:
595595 24 1. Thumb-
596596 25 70 weeks if the accidental injury occurs on or
597597 26 after the effective date of this amendatory Act of the
598598
599599
600600
601601
602602
603603 HB1549 - 16 - LRB103 05094 SPS 50108 b
604604
605605
606606 HB1549- 17 -LRB103 05094 SPS 50108 b HB1549 - 17 - LRB103 05094 SPS 50108 b
607607 HB1549 - 17 - LRB103 05094 SPS 50108 b
608608 1 94th General Assembly but before February 1, 2006.
609609 2 76 weeks if the accidental injury occurs on or
610610 3 after February 1, 2006.
611611 4 2. First, or index finger-
612612 5 40 weeks if the accidental injury occurs on or
613613 6 after the effective date of this amendatory Act of the
614614 7 94th General Assembly but before February 1, 2006.
615615 8 43 weeks if the accidental injury occurs on or
616616 9 after February 1, 2006.
617617 10 3. Second, or middle finger-
618618 11 35 weeks if the accidental injury occurs on or
619619 12 after the effective date of this amendatory Act of the
620620 13 94th General Assembly but before February 1, 2006.
621621 14 38 weeks if the accidental injury occurs on or
622622 15 after February 1, 2006.
623623 16 4. Third, or ring finger-
624624 17 25 weeks if the accidental injury occurs on or
625625 18 after the effective date of this amendatory Act of the
626626 19 94th General Assembly but before February 1, 2006.
627627 20 27 weeks if the accidental injury occurs on or
628628 21 after February 1, 2006.
629629 22 5. Fourth, or little finger-
630630 23 20 weeks if the accidental injury occurs on or
631631 24 after the effective date of this amendatory Act of the
632632 25 94th General Assembly but before February 1, 2006.
633633 26 22 weeks if the accidental injury occurs on or
634634
635635
636636
637637
638638
639639 HB1549 - 17 - LRB103 05094 SPS 50108 b
640640
641641
642642 HB1549- 18 -LRB103 05094 SPS 50108 b HB1549 - 18 - LRB103 05094 SPS 50108 b
643643 HB1549 - 18 - LRB103 05094 SPS 50108 b
644644 1 after February 1, 2006.
645645 2 6. Great toe-
646646 3 35 weeks if the accidental injury occurs on or
647647 4 after the effective date of this amendatory Act of the
648648 5 94th General Assembly but before February 1, 2006.
649649 6 38 weeks if the accidental injury occurs on or
650650 7 after February 1, 2006.
651651 8 7. Each toe other than great toe-
652652 9 12 weeks if the accidental injury occurs on or
653653 10 after the effective date of this amendatory Act of the
654654 11 94th General Assembly but before February 1, 2006.
655655 12 13 weeks if the accidental injury occurs on or
656656 13 after February 1, 2006.
657657 14 8. The loss of the first or distal phalanx of the thumb
658658 15 or of any finger or toe shall be considered to be equal to
659659 16 the loss of one-half of such thumb, finger or toe and the
660660 17 compensation payable shall be one-half of the amount above
661661 18 specified. The loss of more than one phalanx shall be
662662 19 considered as the loss of the entire thumb, finger or toe.
663663 20 In no case shall the amount received for more than one
664664 21 finger exceed the amount provided in this schedule for the
665665 22 loss of a hand.
666666 23 9. Hand-
667667 24 190 weeks if the accidental injury occurs on or
668668 25 after the effective date of this amendatory Act of the
669669 26 94th General Assembly but before February 1, 2006.
670670
671671
672672
673673
674674
675675 HB1549 - 18 - LRB103 05094 SPS 50108 b
676676
677677
678678 HB1549- 19 -LRB103 05094 SPS 50108 b HB1549 - 19 - LRB103 05094 SPS 50108 b
679679 HB1549 - 19 - LRB103 05094 SPS 50108 b
680680 1 205 weeks if the accidental injury occurs on or
681681 2 after February 1, 2006.
682682 3 190 weeks if the accidental injury occurs on or
683683 4 after June 28, 2011 (the effective date of Public Act
684684 5 97-18) and if the accidental injury involves carpal
685685 6 tunnel syndrome due to repetitive or cumulative
686686 7 trauma, in which case the permanent partial disability
687687 8 shall not exceed 15% loss of use of the hand, except
688688 9 for cause shown by clear and convincing evidence and
689689 10 in which case the award shall not exceed 30% loss of
690690 11 use of the hand.
691691 12 The loss of 2 or more digits, or one or more phalanges
692692 13 of 2 or more digits, of a hand may be compensated on the
693693 14 basis of partial loss of use of a hand, provided, further,
694694 15 that the loss of 4 digits, or the loss of use of 4 digits,
695695 16 in the same hand shall constitute the complete loss of a
696696 17 hand.
697697 18 10. Arm-
698698 19 235 weeks if the accidental injury occurs on or
699699 20 after the effective date of this amendatory Act of the
700700 21 94th General Assembly but before February 1, 2006.
701701 22 253 weeks if the accidental injury occurs on or
702702 23 after February 1, 2006.
703703 24 Where an accidental injury results in the amputation
704704 25 of an arm below the elbow, such injury shall be
705705 26 compensated as a loss of an arm. Where an accidental
706706
707707
708708
709709
710710
711711 HB1549 - 19 - LRB103 05094 SPS 50108 b
712712
713713
714714 HB1549- 20 -LRB103 05094 SPS 50108 b HB1549 - 20 - LRB103 05094 SPS 50108 b
715715 HB1549 - 20 - LRB103 05094 SPS 50108 b
716716 1 injury results in the amputation of an arm above the
717717 2 elbow, compensation for an additional 15 weeks (if the
718718 3 accidental injury occurs on or after the effective date of
719719 4 this amendatory Act of the 94th General Assembly but
720720 5 before February 1, 2006) or an additional 17 weeks (if the
721721 6 accidental injury occurs on or after February 1, 2006)
722722 7 shall be paid, except where the accidental injury results
723723 8 in the amputation of an arm at the shoulder joint, or so
724724 9 close to shoulder joint that an artificial arm cannot be
725725 10 used, or results in the disarticulation of an arm at the
726726 11 shoulder joint, in which case compensation for an
727727 12 additional 65 weeks (if the accidental injury occurs on or
728728 13 after the effective date of this amendatory Act of the
729729 14 94th General Assembly but before February 1, 2006) or an
730730 15 additional 70 weeks (if the accidental injury occurs on or
731731 16 after February 1, 2006) shall be paid.
732732 17 For purposes of awards under this subparagraph 10,
733733 18 injuries to the shoulder shall be considered injuries to
734734 19 part of the arm. The change made by this amendatory Act of
735735 20 the 103rd General Assembly to this subparagraph 10 is
736736 21 declarative of existing law and is not a new enactment.
737737 22 11. Foot-
738738 23 155 weeks if the accidental injury occurs on or
739739 24 after the effective date of this amendatory Act of the
740740 25 94th General Assembly but before February 1, 2006.
741741 26 167 weeks if the accidental injury occurs on or
742742
743743
744744
745745
746746
747747 HB1549 - 20 - LRB103 05094 SPS 50108 b
748748
749749
750750 HB1549- 21 -LRB103 05094 SPS 50108 b HB1549 - 21 - LRB103 05094 SPS 50108 b
751751 HB1549 - 21 - LRB103 05094 SPS 50108 b
752752 1 after February 1, 2006.
753753 2 12. Leg-
754754 3 200 weeks if the accidental injury occurs on or
755755 4 after the effective date of this amendatory Act of the
756756 5 94th General Assembly but before February 1, 2006.
757757 6 215 weeks if the accidental injury occurs on or
758758 7 after February 1, 2006.
759759 8 Where an accidental injury results in the amputation
760760 9 of a leg below the knee, such injury shall be compensated
761761 10 as loss of a leg. Where an accidental injury results in the
762762 11 amputation of a leg above the knee, compensation for an
763763 12 additional 25 weeks (if the accidental injury occurs on or
764764 13 after the effective date of this amendatory Act of the
765765 14 94th General Assembly but before February 1, 2006) or an
766766 15 additional 27 weeks (if the accidental injury occurs on or
767767 16 after February 1, 2006) shall be paid, except where the
768768 17 accidental injury results in the amputation of a leg at
769769 18 the hip joint, or so close to the hip joint that an
770770 19 artificial leg cannot be used, or results in the
771771 20 disarticulation of a leg at the hip joint, in which case
772772 21 compensation for an additional 75 weeks (if the accidental
773773 22 injury occurs on or after the effective date of this
774774 23 amendatory Act of the 94th General Assembly but before
775775 24 February 1, 2006) or an additional 81 weeks (if the
776776 25 accidental injury occurs on or after February 1, 2006)
777777 26 shall be paid.
778778
779779
780780
781781
782782
783783 HB1549 - 21 - LRB103 05094 SPS 50108 b
784784
785785
786786 HB1549- 22 -LRB103 05094 SPS 50108 b HB1549 - 22 - LRB103 05094 SPS 50108 b
787787 HB1549 - 22 - LRB103 05094 SPS 50108 b
788788 1 For purposes of awards under this subparagraph 12,
789789 2 injuries to the hip shall be considered injuries to part
790790 3 of the leg. The change made by this amendatory Act of the
791791 4 103rd General Assembly to this subparagraph 12 is
792792 5 declarative of existing law and it not a new enactment.
793793 6 13. Eye-
794794 7 150 weeks if the accidental injury occurs on or
795795 8 after the effective date of this amendatory Act of the
796796 9 94th General Assembly but before February 1, 2006.
797797 10 162 weeks if the accidental injury occurs on or
798798 11 after February 1, 2006.
799799 12 Where an accidental injury results in the enucleation
800800 13 of an eye, compensation for an additional 10 weeks (if the
801801 14 accidental injury occurs on or after the effective date of
802802 15 this amendatory Act of the 94th General Assembly but
803803 16 before February 1, 2006) or an additional 11 weeks (if the
804804 17 accidental injury occurs on or after February 1, 2006)
805805 18 shall be paid.
806806 19 14. Loss of hearing of one ear-
807807 20 50 weeks if the accidental injury occurs on or
808808 21 after the effective date of this amendatory Act of the
809809 22 94th General Assembly but before February 1, 2006.
810810 23 54 weeks if the accidental injury occurs on or
811811 24 after February 1, 2006.
812812 25 Total and permanent loss of hearing of both ears-
813813 26 200 weeks if the accidental injury occurs on or
814814
815815
816816
817817
818818
819819 HB1549 - 22 - LRB103 05094 SPS 50108 b
820820
821821
822822 HB1549- 23 -LRB103 05094 SPS 50108 b HB1549 - 23 - LRB103 05094 SPS 50108 b
823823 HB1549 - 23 - LRB103 05094 SPS 50108 b
824824 1 after the effective date of this amendatory Act of the
825825 2 94th General Assembly but before February 1, 2006.
826826 3 215 weeks if the accidental injury occurs on or
827827 4 after February 1, 2006.
828828 5 15. Testicle-
829829 6 50 weeks if the accidental injury occurs on or
830830 7 after the effective date of this amendatory Act of the
831831 8 94th General Assembly but before February 1, 2006.
832832 9 54 weeks if the accidental injury occurs on or
833833 10 after February 1, 2006.
834834 11 Both testicles-
835835 12 150 weeks if the accidental injury occurs on or
836836 13 after the effective date of this amendatory Act of the
837837 14 94th General Assembly but before February 1, 2006.
838838 15 162 weeks if the accidental injury occurs on or
839839 16 after February 1, 2006.
840840 17 16. For the permanent partial loss of use of a member
841841 18 or sight of an eye, or hearing of an ear, compensation
842842 19 during that proportion of the number of weeks in the
843843 20 foregoing schedule provided for the loss of such member or
844844 21 sight of an eye, or hearing of an ear, which the partial
845845 22 loss of use thereof bears to the total loss of use of such
846846 23 member, or sight of eye, or hearing of an ear.
847847 24 (a) Loss of hearing for compensation purposes
848848 25 shall be confined to the frequencies of 1,000, 2,000
849849 26 and 3,000 cycles per second. Loss of hearing ability
850850
851851
852852
853853
854854
855855 HB1549 - 23 - LRB103 05094 SPS 50108 b
856856
857857
858858 HB1549- 24 -LRB103 05094 SPS 50108 b HB1549 - 24 - LRB103 05094 SPS 50108 b
859859 HB1549 - 24 - LRB103 05094 SPS 50108 b
860860 1 for frequency tones above 3,000 cycles per second are
861861 2 not to be considered as constituting disability for
862862 3 hearing.
863863 4 (b) The percent of hearing loss, for purposes of
864864 5 the determination of compensation claims for
865865 6 occupational deafness, shall be calculated as the
866866 7 average in decibels for the thresholds of hearing for
867867 8 the frequencies of 1,000, 2,000 and 3,000 cycles per
868868 9 second. Pure tone air conduction audiometric
869869 10 instruments, approved by nationally recognized
870870 11 authorities in this field, shall be used for measuring
871871 12 hearing loss. If the losses of hearing average 30
872872 13 decibels or less in the 3 frequencies, such losses of
873873 14 hearing shall not then constitute any compensable
874874 15 hearing disability. If the losses of hearing average
875875 16 85 decibels or more in the 3 frequencies, then the same
876876 17 shall constitute and be total or 100% compensable
877877 18 hearing loss.
878878 19 (c) In measuring hearing impairment, the lowest
879879 20 measured losses in each of the 3 frequencies shall be
880880 21 added together and divided by 3 to determine the
881881 22 average decibel loss. For every decibel of loss
882882 23 exceeding 30 decibels an allowance of 1.82% shall be
883883 24 made up to the maximum of 100% which is reached at 85
884884 25 decibels.
885885 26 (d) If a hearing loss is established to have
886886
887887
888888
889889
890890
891891 HB1549 - 24 - LRB103 05094 SPS 50108 b
892892
893893
894894 HB1549- 25 -LRB103 05094 SPS 50108 b HB1549 - 25 - LRB103 05094 SPS 50108 b
895895 HB1549 - 25 - LRB103 05094 SPS 50108 b
896896 1 existed on July 1, 1975 by audiometric testing the
897897 2 employer shall not be liable for the previous loss so
898898 3 established nor shall he be liable for any loss for
899899 4 which compensation has been paid or awarded.
900900 5 (e) No consideration shall be given to the
901901 6 question of whether or not the ability of an employee
902902 7 to understand speech is improved by the use of a
903903 8 hearing aid.
904904 9 (f) No claim for loss of hearing due to industrial
905905 10 noise shall be brought against an employer or allowed
906906 11 unless the employee has been exposed for a period of
907907 12 time sufficient to cause permanent impairment to noise
908908 13 levels in excess of the following:
909909 14Sound Level DBA 15Slow Response Hours Per Day 1690 8 1792 6 1895 4 1997 3 20100 2 21102 1-1/2 22105 1 23110 1/2 24115 1/4 14 Sound Level DBA 15 Slow Response Hours Per Day 16 90 8 17 92 6 18 95 4 19 97 3 20 100 2 21 102 1-1/2 22 105 1 23 110 1/2 24 115 1/4
910910 14 Sound Level DBA
911911 15 Slow Response Hours Per Day
912912 16 90 8
913913 17 92 6
914914 18 95 4
915915 19 97 3
916916 20 100 2
917917 21 102 1-1/2
918918 22 105 1
919919 23 110 1/2
920920 24 115 1/4
921921 25 This subparagraph (f) shall not be applied in cases of
922922 26 hearing loss resulting from trauma or explosion.
923923
924924
925925
926926
927927
928928 HB1549 - 25 - LRB103 05094 SPS 50108 b
929929
930930
931931 14 Sound Level DBA
932932 15 Slow Response Hours Per Day
933933 16 90 8
934934 17 92 6
935935 18 95 4
936936 19 97 3
937937 20 100 2
938938 21 102 1-1/2
939939 22 105 1
940940 23 110 1/2
941941 24 115 1/4
942942
943943
944944 HB1549- 26 -LRB103 05094 SPS 50108 b HB1549 - 26 - LRB103 05094 SPS 50108 b
945945 HB1549 - 26 - LRB103 05094 SPS 50108 b
946946 1 17. In computing the compensation to be paid to any
947947 2 employee who, before the accident for which he claims
948948 3 compensation, had before that time sustained an injury
949949 4 resulting in the loss by amputation or partial loss by
950950 5 amputation of any member, including hand, arm, thumb or
951951 6 fingers, leg, foot or any toes, such loss or partial loss
952952 7 of any such member shall be deducted from any award made
953953 8 for the subsequent injury. For the permanent loss of use
954954 9 or the permanent partial loss of use of any such member or
955955 10 the partial loss of sight of an eye, for which
956956 11 compensation has been paid, then such loss shall be taken
957957 12 into consideration and deducted from any award for the
958958 13 subsequent injury.
959959 14 18. The specific case of loss of both hands, both
960960 15 arms, or both feet, or both legs, or both eyes, or of any
961961 16 two thereof, or the permanent and complete loss of the use
962962 17 thereof, constitutes total and permanent disability, to be
963963 18 compensated according to the compensation fixed by
964964 19 paragraph (f) of this Section. These specific cases of
965965 20 total and permanent disability do not exclude other cases.
966966 21 Any employee who has previously suffered the loss or
967967 22 permanent and complete loss of the use of any of such
968968 23 members, and in a subsequent independent accident loses
969969 24 another or suffers the permanent and complete loss of the
970970 25 use of any one of such members the employer for whom the
971971 26 injured employee is working at the time of the last
972972
973973
974974
975975
976976
977977 HB1549 - 26 - LRB103 05094 SPS 50108 b
978978
979979
980980 HB1549- 27 -LRB103 05094 SPS 50108 b HB1549 - 27 - LRB103 05094 SPS 50108 b
981981 HB1549 - 27 - LRB103 05094 SPS 50108 b
982982 1 independent accident is liable to pay compensation only
983983 2 for the loss or permanent and complete loss of the use of
984984 3 the member occasioned by the last independent accident.
985985 4 19. In a case of specific loss and the subsequent
986986 5 death of such injured employee from other causes than such
987987 6 injury leaving a widow, widower, or dependents surviving
988988 7 before payment or payment in full for such injury, then
989989 8 the amount due for such injury is payable to the widow or
990990 9 widower and, if there be no widow or widower, then to such
991991 10 dependents, in the proportion which such dependency bears
992992 11 to total dependency.
993993 12 Beginning July 1, 1980, and every 6 months thereafter, the
994994 13 Commission shall examine the Second Injury Fund and when,
995995 14 after deducting all advances or loans made to such Fund, the
996996 15 amount therein is $500,000 then the amount required to be paid
997997 16 by employers pursuant to paragraph (f) of Section 7 shall be
998998 17 reduced by one-half. When the Second Injury Fund reaches the
999999 18 sum of $600,000 then the payments shall cease entirely.
10001000 19 However, when the Second Injury Fund has been reduced to
10011001 20 $400,000, payment of one-half of the amounts required by
10021002 21 paragraph (f) of Section 7 shall be resumed, in the manner
10031003 22 herein provided, and when the Second Injury Fund has been
10041004 23 reduced to $300,000, payment of the full amounts required by
10051005 24 paragraph (f) of Section 7 shall be resumed, in the manner
10061006 25 herein provided. The Commission shall make the changes in
10071007 26 payment effective by general order, and the changes in payment
10081008
10091009
10101010
10111011
10121012
10131013 HB1549 - 27 - LRB103 05094 SPS 50108 b
10141014
10151015
10161016 HB1549- 28 -LRB103 05094 SPS 50108 b HB1549 - 28 - LRB103 05094 SPS 50108 b
10171017 HB1549 - 28 - LRB103 05094 SPS 50108 b
10181018 1 become immediately effective for all cases coming before the
10191019 2 Commission thereafter either by settlement agreement or final
10201020 3 order, irrespective of the date of the accidental injury.
10211021 4 On August 1, 1996 and on February 1 and August 1 of each
10221022 5 subsequent year, the Commission shall examine the special fund
10231023 6 designated as the "Rate Adjustment Fund" and when, after
10241024 7 deducting all advances or loans made to said fund, the amount
10251025 8 therein is $4,000,000, the amount required to be paid by
10261026 9 employers pursuant to paragraph (f) of Section 7 shall be
10271027 10 reduced by one-half. When the Rate Adjustment Fund reaches the
10281028 11 sum of $5,000,000 the payment therein shall cease entirely.
10291029 12 However, when said Rate Adjustment Fund has been reduced to
10301030 13 $3,000,000 the amounts required by paragraph (f) of Section 7
10311031 14 shall be resumed in the manner herein provided.
10321032 15 (f) In case of complete disability, which renders the
10331033 16 employee wholly and permanently incapable of work, or in the
10341034 17 specific case of total and permanent disability as provided in
10351035 18 subparagraph 18 of paragraph (e) of this Section, compensation
10361036 19 shall be payable at the rate provided in subparagraph 2 of
10371037 20 paragraph (b) of this Section for life.
10381038 21 An employee entitled to benefits under paragraph (f) of
10391039 22 this Section shall also be entitled to receive from the Rate
10401040 23 Adjustment Fund provided in paragraph (f) of Section 7 of the
10411041 24 supplementary benefits provided in paragraph (g) of this
10421042 25 Section 8.
10431043 26 If any employee who receives an award under this paragraph
10441044
10451045
10461046
10471047
10481048
10491049 HB1549 - 28 - LRB103 05094 SPS 50108 b
10501050
10511051
10521052 HB1549- 29 -LRB103 05094 SPS 50108 b HB1549 - 29 - LRB103 05094 SPS 50108 b
10531053 HB1549 - 29 - LRB103 05094 SPS 50108 b
10541054 1 afterwards returns to work or is able to do so, and earns or is
10551055 2 able to earn as much as before the accident, payments under
10561056 3 such award shall cease. If such employee returns to work, or is
10571057 4 able to do so, and earns or is able to earn part but not as
10581058 5 much as before the accident, such award shall be modified so as
10591059 6 to conform to an award under paragraph (d) of this Section. If
10601060 7 such award is terminated or reduced under the provisions of
10611061 8 this paragraph, such employees have the right at any time
10621062 9 within 30 months after the date of such termination or
10631063 10 reduction to file petition with the Commission for the purpose
10641064 11 of determining whether any disability exists as a result of
10651065 12 the original accidental injury and the extent thereof.
10661066 13 Disability as enumerated in subdivision 18, paragraph (e)
10671067 14 of this Section is considered complete disability.
10681068 15 If an employee who had previously incurred loss or the
10691069 16 permanent and complete loss of use of one member, through the
10701070 17 loss or the permanent and complete loss of the use of one hand,
10711071 18 one arm, one foot, one leg, or one eye, incurs permanent and
10721072 19 complete disability through the loss or the permanent and
10731073 20 complete loss of the use of another member, he shall receive,
10741074 21 in addition to the compensation payable by the employer and
10751075 22 after such payments have ceased, an amount from the Second
10761076 23 Injury Fund provided for in paragraph (f) of Section 7, which,
10771077 24 together with the compensation payable from the employer in
10781078 25 whose employ he was when the last accidental injury was
10791079 26 incurred, will equal the amount payable for permanent and
10801080
10811081
10821082
10831083
10841084
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10901090 1 complete disability as provided in this paragraph of this
10911091 2 Section.
10921092 3 The custodian of the Second Injury Fund provided for in
10931093 4 paragraph (f) of Section 7 shall be joined with the employer as
10941094 5 a party respondent in the application for adjustment of claim.
10951095 6 The application for adjustment of claim shall state briefly
10961096 7 and in general terms the approximate time and place and manner
10971097 8 of the loss of the first member.
10981098 9 In its award the Commission or the Arbitrator shall
10991099 10 specifically find the amount the injured employee shall be
11001100 11 weekly paid, the number of weeks compensation which shall be
11011101 12 paid by the employer, the date upon which payments begin out of
11021102 13 the Second Injury Fund provided for in paragraph (f) of
11031103 14 Section 7 of this Act, the length of time the weekly payments
11041104 15 continue, the date upon which the pension payments commence
11051105 16 and the monthly amount of the payments. The Commission shall
11061106 17 30 days after the date upon which payments out of the Second
11071107 18 Injury Fund have begun as provided in the award, and every
11081108 19 month thereafter, prepare and submit to the State Comptroller
11091109 20 a voucher for payment for all compensation accrued to that
11101110 21 date at the rate fixed by the Commission. The State
11111111 22 Comptroller shall draw a warrant to the injured employee along
11121112 23 with a receipt to be executed by the injured employee and
11131113 24 returned to the Commission. The endorsed warrant and receipt
11141114 25 is a full and complete acquittance to the Commission for the
11151115 26 payment out of the Second Injury Fund. No other appropriation
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11261126 1 or warrant is necessary for payment out of the Second Injury
11271127 2 Fund. The Second Injury Fund is appropriated for the purpose
11281128 3 of making payments according to the terms of the awards.
11291129 4 As of July 1, 1980 to July 1, 1982, all claims against and
11301130 5 obligations of the Second Injury Fund shall become claims
11311131 6 against and obligations of the Rate Adjustment Fund to the
11321132 7 extent there is insufficient money in the Second Injury Fund
11331133 8 to pay such claims and obligations. In that case, all
11341134 9 references to "Second Injury Fund" in this Section shall also
11351135 10 include the Rate Adjustment Fund.
11361136 11 (g) Every award for permanent total disability entered by
11371137 12 the Commission on and after July 1, 1965 under which
11381138 13 compensation payments shall become due and payable after the
11391139 14 effective date of this amendatory Act, and every award for
11401140 15 death benefits or permanent total disability entered by the
11411141 16 Commission on and after the effective date of this amendatory
11421142 17 Act shall be subject to annual adjustments as to the amount of
11431143 18 the compensation rate therein provided. Such adjustments shall
11441144 19 first be made on July 15, 1977, and all awards made and entered
11451145 20 prior to July 1, 1975 and on July 15 of each year thereafter.
11461146 21 In all other cases such adjustment shall be made on July 15 of
11471147 22 the second year next following the date of the entry of the
11481148 23 award and shall further be made on July 15 annually
11491149 24 thereafter. If during the intervening period from the date of
11501150 25 the entry of the award, or the last periodic adjustment, there
11511151 26 shall have been an increase in the State's average weekly wage
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11621162 1 in covered industries under the Unemployment Insurance Act,
11631163 2 the weekly compensation rate shall be proportionately
11641164 3 increased by the same percentage as the percentage of increase
11651165 4 in the State's average weekly wage in covered industries under
11661166 5 the Unemployment Insurance Act. The increase in the
11671167 6 compensation rate under this paragraph shall in no event bring
11681168 7 the total compensation rate to an amount greater than the
11691169 8 prevailing maximum rate at the time that the annual adjustment
11701170 9 is made. Such increase shall be paid in the same manner as
11711171 10 herein provided for payments under the Second Injury Fund to
11721172 11 the injured employee, or his dependents, as the case may be,
11731173 12 out of the Rate Adjustment Fund provided in paragraph (f) of
11741174 13 Section 7 of this Act. Payments shall be made at the same
11751175 14 intervals as provided in the award or, at the option of the
11761176 15 Commission, may be made in quarterly payment on the 15th day of
11771177 16 January, April, July and October of each year. In the event of
11781178 17 a decrease in such average weekly wage there shall be no change
11791179 18 in the then existing compensation rate. The within paragraph
11801180 19 shall not apply to cases where there is disputed liability and
11811181 20 in which a compromise lump sum settlement between the employer
11821182 21 and the injured employee, or his dependents, as the case may
11831183 22 be, has been duly approved by the Illinois Workers'
11841184 23 Compensation Commission.
11851185 24 Provided, that in cases of awards entered by the
11861186 25 Commission for injuries occurring before July 1, 1975, the
11871187 26 increases in the compensation rate adjusted under the
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11981198 1 foregoing provision of this paragraph (g) shall be limited to
11991199 2 increases in the State's average weekly wage in covered
12001200 3 industries under the Unemployment Insurance Act occurring
12011201 4 after July 1, 1975.
12021202 5 For every accident occurring on or after July 20, 2005 but
12031203 6 before the effective date of this amendatory Act of the 94th
12041204 7 General Assembly (Senate Bill 1283 of the 94th General
12051205 8 Assembly), the annual adjustments to the compensation rate in
12061206 9 awards for death benefits or permanent total disability, as
12071207 10 provided in this Act, shall be paid by the employer. The
12081208 11 adjustment shall be made by the employer on July 15 of the
12091209 12 second year next following the date of the entry of the award
12101210 13 and shall further be made on July 15 annually thereafter. If
12111211 14 during the intervening period from the date of the entry of the
12121212 15 award, or the last periodic adjustment, there shall have been
12131213 16 an increase in the State's average weekly wage in covered
12141214 17 industries under the Unemployment Insurance Act, the employer
12151215 18 shall increase the weekly compensation rate proportionately by
12161216 19 the same percentage as the percentage of increase in the
12171217 20 State's average weekly wage in covered industries under the
12181218 21 Unemployment Insurance Act. The increase in the compensation
12191219 22 rate under this paragraph shall in no event bring the total
12201220 23 compensation rate to an amount greater than the prevailing
12211221 24 maximum rate at the time that the annual adjustment is made. In
12221222 25 the event of a decrease in such average weekly wage there shall
12231223 26 be no change in the then existing compensation rate. Such
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12341234 1 increase shall be paid by the employer in the same manner and
12351235 2 at the same intervals as the payment of compensation in the
12361236 3 award. This paragraph shall not apply to cases where there is
12371237 4 disputed liability and in which a compromise lump sum
12381238 5 settlement between the employer and the injured employee, or
12391239 6 his or her dependents, as the case may be, has been duly
12401240 7 approved by the Illinois Workers' Compensation Commission.
12411241 8 The annual adjustments for every award of death benefits
12421242 9 or permanent total disability involving accidents occurring
12431243 10 before July 20, 2005 and accidents occurring on or after the
12441244 11 effective date of this amendatory Act of the 94th General
12451245 12 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
12461246 13 continue to be paid from the Rate Adjustment Fund pursuant to
12471247 14 this paragraph and Section 7(f) of this Act.
12481248 15 (h) In case death occurs from any cause before the total
12491249 16 compensation to which the employee would have been entitled
12501250 17 has been paid, then in case the employee leaves any widow,
12511251 18 widower, child, parent (or any grandchild, grandparent or
12521252 19 other lineal heir or any collateral heir dependent at the time
12531253 20 of the accident upon the earnings of the employee to the extent
12541254 21 of 50% or more of total dependency) such compensation shall be
12551255 22 paid to the beneficiaries of the deceased employee and
12561256 23 distributed as provided in paragraph (g) of Section 7.
12571257 24 (h-1) In case an injured employee is under legal
12581258 25 disability at the time when any right or privilege accrues to
12591259 26 him or her under this Act, a guardian may be appointed pursuant
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12701270 1 to law, and may, on behalf of such person under legal
12711271 2 disability, claim and exercise any such right or privilege
12721272 3 with the same effect as if the employee himself or herself had
12731273 4 claimed or exercised the right or privilege. No limitations of
12741274 5 time provided by this Act run so long as the employee who is
12751275 6 under legal disability is without a conservator or guardian.
12761276 7 (i) In case the injured employee is under 16 years of age
12771277 8 at the time of the accident and is illegally employed, the
12781278 9 amount of compensation payable under paragraphs (b), (c), (d),
12791279 10 (e) and (f) of this Section is increased 50%.
12801280 11 However, where an employer has on file an employment
12811281 12 certificate issued pursuant to the Child Labor Law or work
12821282 13 permit issued pursuant to the Federal Fair Labor Standards
12831283 14 Act, as amended, or a birth certificate properly and duly
12841284 15 issued, such certificate, permit or birth certificate is
12851285 16 conclusive evidence as to the age of the injured minor
12861286 17 employee for the purposes of this Section.
12871287 18 Nothing herein contained repeals or amends the provisions
12881288 19 of the Child Labor Law relating to the employment of minors
12891289 20 under the age of 16 years.
12901290 21 (j) 1. In the event the injured employee receives
12911291 22 benefits, including medical, surgical or hospital benefits
12921292 23 under any group plan covering non-occupational disabilities
12931293 24 contributed to wholly or partially by the employer, which
12941294 25 benefits should not have been payable if any rights of
12951295 26 recovery existed under this Act, then such amounts so paid to
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13061306 1 the employee from any such group plan as shall be consistent
13071307 2 with, and limited to, the provisions of paragraph 2 hereof,
13081308 3 shall be credited to or against any compensation payment for
13091309 4 temporary total incapacity for work or any medical, surgical
13101310 5 or hospital benefits made or to be made under this Act. In such
13111311 6 event, the period of time for giving notice of accidental
13121312 7 injury and filing application for adjustment of claim does not
13131313 8 commence to run until the termination of such payments. This
13141314 9 paragraph does not apply to payments made under any group plan
13151315 10 which would have been payable irrespective of an accidental
13161316 11 injury under this Act. Any employer receiving such credit
13171317 12 shall keep such employee safe and harmless from any and all
13181318 13 claims or liabilities that may be made against him by reason of
13191319 14 having received such payments only to the extent of such
13201320 15 credit.
13211321 16 Any excess benefits paid to or on behalf of a State
13221322 17 employee by the State Employees' Retirement System under
13231323 18 Article 14 of the Illinois Pension Code on a death claim or
13241324 19 disputed disability claim shall be credited against any
13251325 20 payments made or to be made by the State of Illinois to or on
13261326 21 behalf of such employee under this Act, except for payments
13271327 22 for medical expenses which have already been incurred at the
13281328 23 time of the award. The State of Illinois shall directly
13291329 24 reimburse the State Employees' Retirement System to the extent
13301330 25 of such credit.
13311331 26 2. Nothing contained in this Act shall be construed to
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13421342 1 give the employer or the insurance carrier the right to credit
13431343 2 for any benefits or payments received by the employee other
13441344 3 than compensation payments provided by this Act, and where the
13451345 4 employee receives payments other than compensation payments,
13461346 5 whether as full or partial salary, group insurance benefits,
13471347 6 bonuses, annuities or any other payments, the employer or
13481348 7 insurance carrier shall receive credit for each such payment
13491349 8 only to the extent of the compensation that would have been
13501350 9 payable during the period covered by such payment.
13511351 10 3. The extension of time for the filing of an Application
13521352 11 for Adjustment of Claim as provided in paragraph 1 above shall
13531353 12 not apply to those cases where the time for such filing had
13541354 13 expired prior to the date on which payments or benefits
13551355 14 enumerated herein have been initiated or resumed. Provided
13561356 15 however that this paragraph 3 shall apply only to cases
13571357 16 wherein the payments or benefits hereinabove enumerated shall
13581358 17 be received after July 1, 1969.
13591359 18 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
13601360 19 97-813, eff. 7-13-12.)
13611361 20 Section 99. Effective date. This Act takes effect upon
13621362 21 becoming law.
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