Illinois 2023-2024 Regular Session

Illinois House Bill HB3408 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3408 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/19 from Ch. 48, par. 138.19 Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately. LRB103 27214 SPS 53584 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3408 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/19 from Ch. 48, par. 138.19 820 ILCS 305/19 from Ch. 48, par. 138.19 Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately. LRB103 27214 SPS 53584 b LRB103 27214 SPS 53584 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3408 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/19 from Ch. 48, par. 138.19 820 ILCS 305/19 from Ch. 48, par. 138.19
4	4	820 ILCS 305/19 from Ch. 48, par. 138.19
5	5	Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.
6	6	LRB103 27214 SPS 53584 b LRB103 27214 SPS 53584 b
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8	8	A BILL FOR
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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 19 as follows:
16	16	6 (820 ILCS 305/19) (from Ch. 48, par. 138.19)
17	17	7 Sec. 19. Any disputed questions of law or fact shall be
18	18	8 determined as herein provided.
19	19	9 (a) It shall be the duty of the Commission upon
20	20	10 notification that the parties have failed to reach an
21	21	11 agreement, to designate an Arbitrator.
22	22	12 1. Whenever any claimant misconceives his remedy and
23	23	13 files an application for adjustment of claim under this
24	24	14 Act and it is subsequently discovered, at any time before
25	25	15 final disposition of such cause, that the claim for
26	26	16 disability or death which was the basis for such
27	27	17 application should properly have been made under the
28	28	18 Workers' Occupational Diseases Act, then the provisions of
29	29	19 Section 19, paragraph (a-1) of the Workers' Occupational
30	30	20 Diseases Act having reference to such application shall
31	31	21 apply.
32	32	22 2. Whenever any claimant misconceives his remedy and
33	33	23 files an application for adjustment of claim under the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3408 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/19 from Ch. 48, par. 138.19 820 ILCS 305/19 from Ch. 48, par. 138.19
39	39	820 ILCS 305/19 from Ch. 48, par. 138.19
40	40	Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.
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43	43	A BILL FOR
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68	68	1 Workers' Occupational Diseases Act and it is subsequently
69	69	2 discovered, at any time before final disposition of such
70	70	3 cause that the claim for injury or death which was the
71	71	4 basis for such application should properly have been made
72	72	5 under this Act, then the application so filed under the
73	73	6 Workers' Occupational Diseases Act may be amended in form,
74	74	7 substance or both to assert claim for such disability or
75	75	8 death under this Act and it shall be deemed to have been so
76	76	9 filed as amended on the date of the original filing
77	77	10 thereof, and such compensation may be awarded as is
78	78	11 warranted by the whole evidence pursuant to this Act. When
79	79	12 such amendment is submitted, further or additional
80	80	13 evidence may be heard by the Arbitrator or Commission when
81	81	14 deemed necessary. Nothing in this Section contained shall
82	82	15 be construed to be or permit a waiver of any provisions of
83	83	16 this Act with reference to notice but notice if given
84	84	17 shall be deemed to be a notice under the provisions of this
85	85	18 Act if given within the time required herein.
86	86	19 (b) The Arbitrator shall make such inquiries and
87	87	20 investigations as he or they shall deem necessary and may
88	88	21 examine and inspect all books, papers, records, places, or
89	89	22 premises relating to the questions in dispute and hear such
90	90	23 proper evidence as the parties may submit.
91	91	24 The hearings before the Arbitrator shall be held in the
92	92	25 vicinity where the injury occurred after 10 days' notice of
93	93	26 the time and place of such hearing shall have been given to
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104	104	1 each of the parties or their attorneys of record.
105	105	2 The Arbitrator may find that the disabling condition is
106	106	3 temporary and has not yet reached a permanent condition and
107	107	4 may order the payment of compensation up to the date of the
108	108	5 hearing, which award shall be reviewable and enforceable in
109	109	6 the same manner as other awards, and in no instance be a bar to
110	110	7 a further hearing and determination of a further amount of
111	111	8 temporary total compensation or of compensation for permanent
112	112	9 disability, but shall be conclusive as to all other questions
113	113	10 except the nature and extent of said disability.
114	114	11 The decision of the Arbitrator shall be filed with the
115	115	12 Commission which Commission shall immediately send to each
116	116	13 party or his attorney a copy of such decision, together with a
117	117	14 notification of the time when it was filed. As of the effective
118	118	15 date of this amendatory Act of the 94th General Assembly, all
119	119	16 decisions of the Arbitrator shall set forth in writing
120	120	17 findings of fact and conclusions of law, separately stated, if
121	121	18 requested by either party. Unless a petition for review is
122	122	19 filed by either party within 30 days after the receipt by such
123	123	20 party of the copy of the decision and notification of time when
124	124	21 filed, and unless such party petitioning for a review shall
125	125	22 within 35 days after the receipt by him of the copy of the
126	126	23 decision, file with the Commission either an agreed statement
127	127	24 of the facts appearing upon the hearing before the Arbitrator,
128	128	25 or if such party shall so elect a correct transcript of
129	129	26 evidence of the proceedings at such hearings, then the
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140	140	1 decision shall become the decision of the Commission and in
141	141	2 the absence of fraud shall be conclusive. The Petition for
142	142	3 Review shall contain a statement of the petitioning party's
143	143	4 specific exceptions to the decision of the arbitrator. The
144	144	5 jurisdiction of the Commission to review the decision of the
145	145	6 arbitrator shall not be limited to the exceptions stated in
146	146	7 the Petition for Review. The Commission, or any member
147	147	8 thereof, may grant further time not exceeding 30 days, in
148	148	9 which to file such agreed statement or transcript of evidence.
149	149	10 Such agreed statement of facts or correct transcript of
150	150	11 evidence, as the case may be, shall be authenticated by the
151	151	12 signatures of the parties or their attorneys, and in the event
152	152	13 they do not agree as to the correctness of the transcript of
153	153	14 evidence it shall be authenticated by the signature of the
154	154	15 Arbitrator designated by the Commission.
155	155	16 Whether the employee is working or not, if the employee is
156	156	17 not receiving or has not received medical, surgical, or
157	157	18 hospital services or other services or compensation as
158	158	19 provided in paragraph (a) of Section 8, or compensation as
159	159	20 provided in paragraph (b) of Section 8, the employee may at any
160	160	21 time petition for an expedited hearing by an Arbitrator on the
161	161	22 issue of whether or not he or she is entitled to receive
162	162	23 payment of the services or compensation. Provided the employer
163	163	24 continues to pay compensation pursuant to paragraph (b) of
164	164	25 Section 8, the employer may at any time petition for an
165	165	26 expedited hearing on the issue of whether or not the employee
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176	176	1 is entitled to receive medical, surgical, or hospital services
177	177	2 or other services or compensation as provided in paragraph (a)
178	178	3 of Section 8, or compensation as provided in paragraph (b) of
179	179	4 Section 8. When an employer has petitioned for an expedited
180	180	5 hearing, the employer shall continue to pay compensation as
181	181	6 provided in paragraph (b) of Section 8 unless the arbitrator
182	182	7 renders a decision that the employee is not entitled to the
183	183	8 benefits that are the subject of the expedited hearing or
184	184	9 unless the employee's treating physician has released the
185	185	10 employee to return to work at his or her regular job with the
186	186	11 employer or the employee actually returns to work at any other
187	187	12 job. If the arbitrator renders a decision that the employee is
188	188	13 not entitled to the benefits that are the subject of the
189	189	14 expedited hearing, a petition for review filed by the employee
190	190	15 shall receive the same priority as if the employee had filed a
191	191	16 petition for an expedited hearing by an Arbitrator. Neither
192	192	17 party shall be entitled to an expedited hearing when the
193	193	18 employee has returned to work and the sole issue in dispute
194	194	19 amounts to less than 12 weeks of unpaid compensation pursuant
195	195	20 to paragraph (b) of Section 8.
196	196	21 Expedited hearings shall have priority over all other
197	197	22 petitions and shall be heard by the Arbitrator and Commission
198	198	23 with all convenient speed. Any party requesting an expedited
199	199	24 hearing shall give notice of a request for an expedited
200	200	25 hearing under this paragraph. A copy of the Application for
201	201	26 Adjustment of Claim shall be attached to the notice. The
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212	212	1 Commission shall adopt rules and procedures under which the
213	213	2 final decision of the Commission under this paragraph is filed
214	214	3 not later than 180 days from the date that the Petition for
215	215	4 Review is filed with the Commission.
216	216	5 Where 2 or more insurance carriers, private self-insureds,
217	217	6 or a group workers' compensation pool under Article V 3/4 of
218	218	7 the Illinois Insurance Code dispute coverage for the same
219	219	8 injury, any such insurance carrier, private self-insured, or
220	220	9 group workers' compensation pool may request an expedited
221	221	10 hearing pursuant to this paragraph to determine the issue of
222	222	11 coverage, provided coverage is the only issue in dispute and
223	223	12 all other issues are stipulated and agreed to and further
224	224	13 provided that all compensation benefits including medical
225	225	14 benefits pursuant to Section 8(a) continue to be paid to or on
226	226	15 behalf of petitioner. Any insurance carrier, private
227	227	16 self-insured, or group workers' compensation pool that is
228	228	17 determined to be liable for coverage for the injury in issue
229	229	18 shall reimburse any insurance carrier, private self-insured,
230	230	19 or group workers' compensation pool that has paid benefits to
231	231	20 or on behalf of petitioner for the injury.
232	232	21 (b-1) If the employee is not receiving medical, surgical
233	233	22 or hospital services as provided in paragraph (a) of Section 8
234	234	23 or compensation as provided in paragraph (b) of Section 8, the
235	235	24 employee, in accordance with Commission Rules, may file a
236	236	25 petition for an emergency hearing by an Arbitrator on the
237	237	26 issue of whether or not he is entitled to receive payment of
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248	248	1 such compensation or services as provided therein. Such
249	249	2 petition shall have priority over all other petitions and
250	250	3 shall be heard by the Arbitrator and Commission with all
251	251	4 convenient speed.
252	252	5 Such petition shall contain the following information and
253	253	6 shall be served on the employer at least 15 days before it is
254	254	7 filed:
255	255	8 (i) the date and approximate time of accident;
256	256	9 (ii) the approximate location of the accident;
257	257	10 (iii) a description of the accident;
258	258	11 (iv) the nature of the injury incurred by the
259	259	12 employee;
260	260	13 (v) the identity of the person, if known, to whom the
261	261	14 accident was reported and the date on which it was
262	262	15 reported;
263	263	16 (vi) the name and title of the person, if known,
264	264	17 representing the employer with whom the employee conferred
265	265	18 in any effort to obtain compensation pursuant to paragraph
266	266	19 (b) of Section 8 of this Act or medical, surgical or
267	267	20 hospital services pursuant to paragraph (a) of Section 8
268	268	21 of this Act and the date of such conference;
269	269	22 (vii) a statement that the employer has refused to pay
270	270	23 compensation pursuant to paragraph (b) of Section 8 of
271	271	24 this Act or for medical, surgical or hospital services
272	272	25 pursuant to paragraph (a) of Section 8 of this Act;
273	273	26 (viii) the name and address, if known, of each witness
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284	284	1 to the accident and of each other person upon whom the
285	285	2 employee will rely to support his allegations;
286	286	3 (ix) the dates of treatment related to the accident by
287	287	4 medical practitioners, and the names and addresses of such
288	288	5 practitioners, including the dates of treatment related to
289	289	6 the accident at any hospitals and the names and addresses
290	290	7 of such hospitals, and a signed authorization permitting
291	291	8 the employer to examine all medical records of all
292	292	9 practitioners and hospitals named pursuant to this
293	293	10 paragraph;
294	294	11 (x) a copy of a signed report by a medical
295	295	12 practitioner, relating to the employee's current inability
296	296	13 to return to work because of the injuries incurred as a
297	297	14 result of the accident or such other documents or
298	298	15 affidavits which show that the employee is entitled to
299	299	16 receive compensation pursuant to paragraph (b) of Section
300	300	17 8 of this Act or medical, surgical or hospital services
301	301	18 pursuant to paragraph (a) of Section 8 of this Act. Such
302	302	19 reports, documents or affidavits shall state, if possible,
303	303	20 the history of the accident given by the employee, and
304	304	21 describe the injury and medical diagnosis, the medical
305	305	22 services for such injury which the employee has received
306	306	23 and is receiving, the physical activities which the
307	307	24 employee cannot currently perform as a result of any
308	308	25 impairment or disability due to such injury, and the
309	309	26 prognosis for recovery;
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320	320	1 (xi) complete copies of any reports, records,
321	321	2 documents and affidavits in the possession of the employee
322	322	3 on which the employee will rely to support his
323	323	4 allegations, provided that the employer shall pay the
324	324	5 reasonable cost of reproduction thereof;
325	325	6 (xii) a list of any reports, records, documents and
326	326	7 affidavits which the employee has demanded by subpoena and
327	327	8 on which he intends to rely to support his allegations;
328	328	9 (xiii) a certification signed by the employee or his
329	329	10 representative that the employer has received the petition
330	330	11 with the required information 15 days before filing.
331	331	12 Fifteen days after receipt by the employer of the petition
332	332	13 with the required information the employee may file said
333	333	14 petition and required information and shall serve notice of
334	334	15 the filing upon the employer. The employer may file a motion
335	335	16 addressed to the sufficiency of the petition. If an objection
336	336	17 has been filed to the sufficiency of the petition, the
337	337	18 arbitrator shall rule on the objection within 2 working days.
338	338	19 If such an objection is filed, the time for filing the final
339	339	20 decision of the Commission as provided in this paragraph shall
340	340	21 be tolled until the arbitrator has determined that the
341	341	22 petition is sufficient.
342	342	23 The employer shall, within 15 days after receipt of the
343	343	24 notice that such petition is filed, file with the Commission
344	344	25 and serve on the employee or his representative a written
345	345	26 response to each claim set forth in the petition, including
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356	356	1 the legal and factual basis for each disputed allegation and
357	357	2 the following information: (i) complete copies of any reports,
358	358	3 records, documents and affidavits in the possession of the
359	359	4 employer on which the employer intends to rely in support of
360	360	5 his response, (ii) a list of any reports, records, documents
361	361	6 and affidavits which the employer has demanded by subpoena and
362	362	7 on which the employer intends to rely in support of his
363	363	8 response, (iii) the name and address of each witness on whom
364	364	9 the employer will rely to support his response, and (iv) the
365	365	10 names and addresses of any medical practitioners selected by
366	366	11 the employer pursuant to Section 12 of this Act and the time
367	367	12 and place of any examination scheduled to be made pursuant to
368	368	13 such Section.
369	369	14 Any employer who does not timely file and serve a written
370	370	15 response without good cause may not introduce any evidence to
371	371	16 dispute any claim of the employee but may cross examine the
372	372	17 employee or any witness brought by the employee and otherwise
373	373	18 be heard.
374	374	19 No document or other evidence not previously identified by
375	375	20 either party with the petition or written response, or by any
376	376	21 other means before the hearing, may be introduced into
377	377	22 evidence without good cause. If, at the hearing, material
378	378	23 information is discovered which was not previously disclosed,
379	379	24 the Arbitrator may extend the time for closing proof on the
380	380	25 motion of a party for a reasonable period of time which may be
381	381	26 more than 30 days. No evidence may be introduced pursuant to
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392	392	1 this paragraph as to permanent disability. No award may be
393	393	2 entered for permanent disability pursuant to this paragraph.
394	394	3 Either party may introduce into evidence the testimony taken
395	395	4 by deposition of any medical practitioner.
396	396	5 The Commission shall adopt rules, regulations and
397	397	6 procedures whereby the final decision of the Commission is
398	398	7 filed not later than 90 days from the date the petition for
399	399	8 review is filed but in no event later than 180 days from the
400	400	9 date the petition for an emergency hearing is filed with the
401	401	10 Illinois Workers' Compensation Commission.
402	402	11 All service required pursuant to this paragraph (b-1) must
403	403	12 be by personal service or by certified mail and with evidence
404	404	13 of receipt. In addition for the purposes of this paragraph,
405	405	14 all service on the employer must be at the premises where the
406	406	15 accident occurred if the premises are owned or operated by the
407	407	16 employer. Otherwise service must be at the employee's
408	408	17 principal place of employment by the employer. If service on
409	409	18 the employer is not possible at either of the above, then
410	410	19 service shall be at the employer's principal place of
411	411	20 business. After initial service in each case, service shall be
412	412	21 made on the employer's attorney or designated representative.
413	413	22 (c)(1) At a reasonable time in advance of and in
414	414	23 connection with the hearing under Section 19(e) or 19(h), the
415	415	24 Commission may on its own motion order an impartial physical
416	416	25 or mental examination of a petitioner whose mental or physical
417	417	26 condition is in issue, when in the Commission's discretion it
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428	428	1 appears that such an examination will materially aid in the
429	429	2 just determination of the case. The examination shall be made
430	430	3 by a member or members of a panel of physicians chosen for
431	431	4 their special qualifications by the Illinois State Medical
432	432	5 Society. The Commission shall establish procedures by which a
433	433	6 physician shall be selected from such list.
434	434	7 (2) Should the Commission at any time during the hearing
435	435	8 find that compelling considerations make it advisable to have
436	436	9 an examination and report at that time, the commission may in
437	437	10 its discretion so order.
438	438	11 (3) A copy of the report of examination shall be given to
439	439	12 the Commission and to the attorneys for the parties.
440	440	13 (4) Either party or the Commission may call the examining
441	441	14 physician or physicians to testify. Any physician so called
442	442	15 shall be subject to cross-examination.
443	443	16 (5) The examination shall be made, and the physician or
444	444	17 physicians, if called, shall testify, without cost to the
445	445	18 parties. The Commission shall determine the compensation and
446	446	19 the pay of the physician or physicians. The compensation for
447	447	20 this service shall not exceed the usual and customary amount
448	448	21 for such service.
449	449	22 (6) The fees and payment thereof of all attorneys and
450	450	23 physicians for services authorized by the Commission under
451	451	24 this Act shall, upon request of either the employer or the
452	452	25 employee or the beneficiary affected, be subject to the review
453	453	26 and decision of the Commission.
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464	464	1 (d) If any employee shall persist in insanitary or
465	465	2 injurious practices which tend to either imperil or retard his
466	466	3 recovery or shall refuse to submit to such medical, surgical,
467	467	4 or hospital treatment as is reasonably essential to promote
468	468	5 his recovery, the Commission may, in its discretion, reduce or
469	469	6 suspend the compensation of any such injured employee.
470	470	7 However, when an employer and employee so agree in writing,
471	471	8 the foregoing provision shall not be construed to authorize
472	472	9 the reduction or suspension of compensation of an employee who
473	473	10 is relying in good faith, on treatment by prayer or spiritual
474	474	11 means alone, in accordance with the tenets and practice of a
475	475	12 recognized church or religious denomination, by a duly
476	476	13 accredited practitioner thereof.
477	477	14 (e) This paragraph shall apply to all hearings before the
478	478	15 Commission. Such hearings may be held in its office or
479	479	16 elsewhere as the Commission may deem advisable. The taking of
480	480	17 testimony on such hearings may be had before any member of the
481	481	18 Commission. If a petition for review and agreed statement of
482	482	19 facts or transcript of evidence is filed, as provided herein,
483	483	20 the Commission shall promptly review the decision of the
484	484	21 Arbitrator and all questions of law or fact which appear from
485	485	22 the statement of facts or transcript of evidence.
486	486	23 In all cases in which the hearing before the arbitrator is
487	487	24 held after December 18, 1989, no additional evidence shall be
488	488	25 introduced by the parties before the Commission on review of
489	489	26 the decision of the Arbitrator. In reviewing decisions of an
490	490
491	491
492	492
493	493
494	494
495	495	HB3408 - 13 - LRB103 27214 SPS 53584 b
496	496
497	497
498	498	HB3408- 14 -LRB103 27214 SPS 53584 b HB3408 - 14 - LRB103 27214 SPS 53584 b
499	499	HB3408 - 14 - LRB103 27214 SPS 53584 b
500	500	1 arbitrator the Commission shall award such temporary
501	501	2 compensation, permanent compensation and other payments as are
502	502	3 due under this Act. The Commission shall file in its office its
503	503	4 decision thereon, and shall immediately send to each party or
504	504	5 his attorney a copy of such decision and a notification of the
505	505	6 time when it was filed. Decisions shall be filed within 60 days
506	506	7 after the Statement of Exceptions and Supporting Brief and
507	507	8 Response thereto are required to be filed or oral argument
508	508	9 whichever is later.
509	509	10 In the event either party requests oral argument, such
510	510	11 argument shall be had before a panel of 3 members of the
511	511	12 Commission (or before all available members pursuant to the
512	512	13 determination of 7 members of the Commission that such
513	513	14 argument be held before all available members of the
514	514	15 Commission) pursuant to the rules and regulations of the
515	515	16 Commission. A panel of 3 members, which shall be comprised of
516	516	17 not more than one representative citizen of the employing
517	517	18 class and not more than one representative from a labor
518	518	19 organization recognized under the National Labor Relations Act
519	519	20 or an attorney who has represented labor organizations or has
520	520	21 represented employees in workers' compensation cases, shall
521	521	22 hear the argument; provided that if all the issues in dispute
522	522	23 are solely the nature and extent of the permanent partial
523	523	24 disability, if any, a majority of the panel may deny the
524	524	25 request for such argument and such argument shall not be held;
525	525	26 and provided further that 7 members of the Commission may
526	526
527	527
528	528
529	529
530	530
531	531	HB3408 - 14 - LRB103 27214 SPS 53584 b
532	532
533	533
534	534	HB3408- 15 -LRB103 27214 SPS 53584 b HB3408 - 15 - LRB103 27214 SPS 53584 b
535	535	HB3408 - 15 - LRB103 27214 SPS 53584 b
536	536	1 determine that the argument be held before all available
537	537	2 members of the Commission. A decision of the Commission shall
538	538	3 be approved by a majority of Commissioners present at such
539	539	4 hearing if any; provided, if no such hearing is held, a
540	540	5 decision of the Commission shall be approved by a majority of a
541	541	6 panel of 3 members of the Commission as described in this
542	542	7 Section. The Commission shall give 10 days' notice to the
543	543	8 parties or their attorneys of the time and place of such taking
544	544	9 of testimony and of such argument.
545	545	10 In any case the Commission in its decision may find
546	546	11 specially upon any question or questions of law or fact which
547	547	12 shall be submitted in writing by either party whether ultimate
548	548	13 or otherwise; provided that on issues other than nature and
549	549	14 extent of the disability, if any, the Commission in its
550	550	15 decision shall find specially upon any question or questions
551	551	16 of law or fact, whether ultimate or otherwise, which are
552	552	17 submitted in writing by either party; provided further that
553	553	18 not more than 5 such questions may be submitted by either
554	554	19 party. Any party may, within 20 days after receipt of notice of
555	555	20 the Commission's decision, or within such further time, not
556	556	21 exceeding 30 days, as the Commission may grant, file with the
557	557	22 Commission either an agreed statement of the facts appearing
558	558	23 upon the hearing, or, if such party shall so elect, a correct
559	559	24 transcript of evidence of the additional proceedings presented
560	560	25 before the Commission, in which report the party may embody a
561	561	26 correct statement of such other proceedings in the case as
562	562
563	563
564	564
565	565
566	566
567	567	HB3408 - 15 - LRB103 27214 SPS 53584 b
568	568
569	569
570	570	HB3408- 16 -LRB103 27214 SPS 53584 b HB3408 - 16 - LRB103 27214 SPS 53584 b
571	571	HB3408 - 16 - LRB103 27214 SPS 53584 b
572	572	1 such party may desire to have reviewed, such statement of
573	573	2 facts or transcript of evidence to be authenticated by the
574	574	3 signature of the parties or their attorneys, and in the event
575	575	4 that they do not agree, then the authentication of such
576	576	5 transcript of evidence shall be by the signature of any member
577	577	6 of the Commission.
578	578	7 If a reporter does not for any reason furnish a transcript
579	579	8 of the proceedings before the Arbitrator in any case for use on
580	580	9 a hearing for review before the Commission, within the
581	581	10 limitations of time as fixed in this Section, the Commission
582	582	11 may, in its discretion, order a trial de novo before the
583	583	12 Commission in such case upon application of either party. The
584	584	13 applications for adjustment of claim and other documents in
585	585	14 the nature of pleadings filed by either party, together with
586	586	15 the decisions of the Arbitrator and of the Commission and the
587	587	16 statement of facts or transcript of evidence hereinbefore
588	588	17 provided for in paragraphs (b) and (c) shall be the record of
589	589	18 the proceedings of the Commission, and shall be subject to
590	590	19 review as hereinafter provided.
591	591	20 At the request of either party or on its own motion, the
592	592	21 Commission shall set forth in writing the reasons for the
593	593	22 decision, including findings of fact and conclusions of law
594	594	23 separately stated. The Commission shall by rule adopt a format
595	595	24 for written decisions for the Commission and arbitrators. The
596	596	25 written decisions shall be concise and shall succinctly state
597	597	26 the facts and reasons for the decision. The Commission may
598	598
599	599
600	600
601	601
602	602
603	603	HB3408 - 16 - LRB103 27214 SPS 53584 b
604	604
605	605
606	606	HB3408- 17 -LRB103 27214 SPS 53584 b HB3408 - 17 - LRB103 27214 SPS 53584 b
607	607	HB3408 - 17 - LRB103 27214 SPS 53584 b
608	608	1 adopt in whole or in part, the decision of the arbitrator as
609	609	2 the decision of the Commission. When the Commission does so
610	610	3 adopt the decision of the arbitrator, it shall do so by order.
611	611	4 Whenever the Commission adopts part of the arbitrator's
612	612	5 decision, but not all, it shall include in the order the
613	613	6 reasons for not adopting all of the arbitrator's decision.
614	614	7 When a majority of a panel, after deliberation, has arrived at
615	615	8 its decision, the decision shall be filed as provided in this
616	616	9 Section without unnecessary delay, and without regard to the
617	617	10 fact that a member of the panel has expressed an intention to
618	618	11 dissent. Any member of the panel may file a dissent. Any
619	619	12 dissent shall be filed no later than 10 days after the decision
620	620	13 of the majority has been filed.
621	621	14 Decisions rendered by the Commission and dissents, if any,
622	622	15 shall be published together by the Commission. The conclusions
623	623	16 of law set out in such decisions shall be regarded as
624	624	17 precedents by arbitrators for the purpose of achieving a more
625	625	18 uniform administration of this Act.
626	626	19 (f) The decision of the Commission acting within its
627	627	20 powers, according to the provisions of paragraph (e) of this
628	628	21 Section shall, in the absence of fraud, be conclusive unless
629	629	22 reviewed as in this paragraph hereinafter provided. However,
630	630	23 the Arbitrator or the Commission may on his or its own motion,
631	631	24 or on the motion of either party, correct any clerical error or
632	632	25 errors in computation within 15 days after the date of receipt
633	633	26 of any award by such Arbitrator or any decision on review of
634	634
635	635
636	636
637	637
638	638
639	639	HB3408 - 17 - LRB103 27214 SPS 53584 b
640	640
641	641
642	642	HB3408- 18 -LRB103 27214 SPS 53584 b HB3408 - 18 - LRB103 27214 SPS 53584 b
643	643	HB3408 - 18 - LRB103 27214 SPS 53584 b
644	644	1 the Commission and shall have the power to recall the original
645	645	2 award on arbitration or decision on review, and issue in lieu
646	646	3 thereof such corrected award or decision. Where such
647	647	4 correction is made the time for review herein specified shall
648	648	5 begin to run from the date of the receipt of the corrected
649	649	6 award or decision.
650	650	7 (1) Except in cases of claims against the State of
651	651	8 Illinois other than those claims under Section 18.1, in
652	652	9 which case the decision of the Commission shall not be
653	653	10 subject to judicial review, the Circuit Court of the
654	654	11 county where any of the parties defendant may be found, or
655	655	12 if none of the parties defendant can be found in this State
656	656	13 then the Circuit Court of the county where the accident
657	657	14 occurred, shall by summons to the Commission have power to
658	658	15 review all questions of law and fact presented by such
659	659	16 record.
660	660	17 A proceeding for review shall be commenced within 20
661	661	18 days of the receipt of notice of the decision of the
662	662	19 Commission. The summons shall be issued by the clerk of
663	663	20 such court upon written request returnable on a designated
664	664	21 return day, not less than 10 or more than 60 days from the
665	665	22 date of issuance thereof, and the written request shall
666	666	23 contain the last known address of other parties in
667	667	24 interest and their attorneys of record who are to be
668	668	25 served by summons. Service upon any member of the
669	669	26 Commission or the Secretary or the Assistant Secretary
670	670
671	671
672	672
673	673
674	674
675	675	HB3408 - 18 - LRB103 27214 SPS 53584 b
676	676
677	677
678	678	HB3408- 19 -LRB103 27214 SPS 53584 b HB3408 - 19 - LRB103 27214 SPS 53584 b
679	679	HB3408 - 19 - LRB103 27214 SPS 53584 b
680	680	1 thereof shall be service upon the Commission, and service
681	681	2 upon other parties in interest and their attorneys of
682	682	3 record shall be by summons, and such service shall be made
683	683	4 upon the Commission and other parties in interest by
684	684	5 mailing notices of the commencement of the proceedings and
685	685	6 the return day of the summons to the office of the
686	686	7 Commission and to the last known place of residence of
687	687	8 other parties in interest or their attorney or attorneys
688	688	9 of record. The clerk of the court issuing the summons
689	689	10 shall on the day of issue mail notice of the commencement
690	690	11 of the proceedings which shall be done by mailing a copy of
691	691	12 the summons to the office of the Commission, and a copy of
692	692	13 the summons to the other parties in interest or their
693	693	14 attorney or attorneys of record and the clerk of the court
694	694	15 shall make certificate that he has so sent said notices in
695	695	16 pursuance of this Section, which shall be evidence of
696	696	17 service on the Commission and other parties in interest.
697	697	18 The Commission shall not be required to certify the
698	698	19 record of their proceedings to the Circuit Court, unless
699	699	20 the party commencing the proceedings for review in the
700	700	21 Circuit Court as above provided, shall file with the
701	701	22 Commission notice of intent to file for review in Circuit
702	702	23 Court. It shall be the duty of the Commission upon such
703	703	24 filing of notice of intent to file for review in the
704	704	25 Circuit Court to prepare a true and correct copy of such
705	705	26 testimony and a true and correct copy of all other matters
706	706
707	707
708	708
709	709
710	710
711	711	HB3408 - 19 - LRB103 27214 SPS 53584 b
712	712
713	713
714	714	HB3408- 20 -LRB103 27214 SPS 53584 b HB3408 - 20 - LRB103 27214 SPS 53584 b
715	715	HB3408 - 20 - LRB103 27214 SPS 53584 b
716	716	1 contained in such record and certified to by the Secretary
717	717	2 or Assistant Secretary thereof. The changes made to this
718	718	3 subdivision (f)(1) by this amendatory Act of the 98th
719	719	4 General Assembly apply to any Commission decision entered
720	720	5 after the effective date of this amendatory Act of the
721	721	6 98th General Assembly.
722	722	7 No request for a summons may be filed and no summons
723	723	8 shall issue unless the party seeking to review the
724	724	9 decision of the Commission shall exhibit to the clerk of
725	725	10 the Circuit Court proof of filing with the Commission of
726	726	11 the notice of the intent to file for review in the Circuit
727	727	12 Court or an affidavit of the attorney setting forth that
728	728	13 notice of intent to file for review in the Circuit Court
729	729	14 has been given in writing to the Secretary or Assistant
730	730	15 Secretary of the Commission.
731	731	16 (2) No such summons shall issue unless the one against
732	732	17 whom the Commission shall have rendered an award for the
733	733	18 payment of money shall upon the filing of his written
734	734	19 request for such summons file with the clerk of the court a
735	735	20 bond or other collateral and guarantee pursuant to
736	736	21 subdivision (f)(3) conditioned that if he shall not
737	737	22 successfully prosecute the review, he will pay the award
738	738	23 and the costs of the proceedings in the courts. The amount
739	739	24 of the bond or other collateral and guarantee pursuant to
740	740	25 subdivision (f)(3) shall be fixed by any member of the
741	741	26 Commission and the surety or sureties of the bond shall be
742	742
743	743
744	744
745	745
746	746
747	747	HB3408 - 20 - LRB103 27214 SPS 53584 b
748	748
749	749
750	750	HB3408- 21 -LRB103 27214 SPS 53584 b HB3408 - 21 - LRB103 27214 SPS 53584 b
751	751	HB3408 - 21 - LRB103 27214 SPS 53584 b
752	752	1 approved by the clerk of the court. The acceptance of the
753	753	2 bond or other collateral and guarantee pursuant to
754	754	3 subdivision (f)(3) by the clerk of the court shall
755	755	4 constitute evidence of his approval of the bond or other
756	756	5 collateral and guarantee pursuant to subdivision (f)(3).
757	757	6 (3) If the party seeking judicial review is the party
758	758	7 against whom the Commission rendered an award for payment
759	759	8 of money, then within the time frame for the commencement
760	760	9 of proceedings, the party shall provide to the circuit
761	761	10 court collateral or guarantee of payment of the award if
762	762	11 the review is not successfully prosecuted.
763	763	12 (A) Collateral or guarantee may be provided in the
764	764	13 following ways:
765	765	14 (i) filing an insurance policy pursuant to
766	766	15 Section 392.1 of the Illinois Insurance Code;
767	767	16 (ii) filing a certificate of self-insurance;
768	768	17 (iii) placing sufficient funds in an escrow
769	769	18 account; or
770	770	19 (iv) filing a bond signed by the employer or
771	771	20 any duly designated representative of the
772	772	21 employer, and in the event the employer is
773	773	22 insured, any representative of the insurer.
774	774	23 (B) If an insurance policy or certificate of
775	775	24 self-insurance is filed as collateral or guarantee,
776	776	25 the party respondent has 20 days within which to
777	777	26 object, and if the objection is sustained, the party
778	778
779	779
780	780
781	781
782	782
783	783	HB3408 - 21 - LRB103 27214 SPS 53584 b
784	784
785	785
786	786	HB3408- 22 -LRB103 27214 SPS 53584 b HB3408 - 22 - LRB103 27214 SPS 53584 b
787	787	HB3408 - 22 - LRB103 27214 SPS 53584 b
788	788	1 so filing the insurance policy or certificate of
789	789	2 self-insurance has 10 days to cure the defect or
790	790	3 otherwise file another appropriate form of collateral
791	791	4 or guarantee. If no objection is filed within the 20
792	792	5 days, all objections are waived.
793	793	6 (C) On motion supported by good cause made within
794	794	7 the time frame for the commencement of proceedings or
795	795	8 within any extension granted pursuant to this
796	796	9 subdivision, the time for filing and approval of the
797	797	10 collateral or guarantee may be extended by the circuit
798	798	11 court, but the total extensions of time granted by the
799	799	12 circuit court may not aggregate more than 45 days from
800	800	13 the original due date unless the parties otherwise
801	801	14 stipulate in writing. The motion must be presented to
802	802	15 the circuit court at the time of filing the judicial
803	803	16 review and called for hearing and ruled upon by the
804	804	17 court within 10 days thereafter.
805	805	18 (D) The following shall not be required to file a
806	806	19 bond or other collateral and guarantee to secure the
807	807	20 payment of the award and the costs of the proceedings
808	808	21 in the court to authorize the court to issue such
809	809	22 summons:
810	810	23 (i) (1) the State, including its
811	811	24 constitutional officers, boards, commissions,
812	812	25 agencies, public institutions of higher learning,
813	813	26 and the State Treasurer, for a fund administered
814	814
815	815
816	816
817	817
818	818
819	819	HB3408 - 22 - LRB103 27214 SPS 53584 b
820	820
821	821
822	822	HB3408- 23 -LRB103 27214 SPS 53584 b HB3408 - 23 - LRB103 27214 SPS 53584 b
823	823	HB3408 - 23 - LRB103 27214 SPS 53584 b
824	824	1 by the State Treasurer ex officio against whom the
825	825	2 Commission shall have rendered an award for the
826	826	3 payment of money; and
827	827	4 (ii) (2) a county, city, town, township,
828	828	5 incorporated village, school district, body
829	829	6 politic, or municipal corporation against whom the
830	830	7 Commission shall have rendered an award for the
831	831	8 payment of money.
832	832	9 (E) The Treasurer's Office shall not be required
833	833	10 to post a bond when appealing on behalf of the Injured
834	834	11 Workers' Benefit Fund.
835	835	12 The court may confirm or set aside the decision of the
836	836	13 Commission. If the decision is set aside and the facts
837	837	14 found in the proceedings before the Commission are
838	838	15 sufficient, the court may enter such decision as is
839	839	16 justified by law, or may remand the cause to the
840	840	17 Commission for further proceedings and may state the
841	841	18 questions requiring further hearing, and give such other
842	842	19 instructions as may be proper. Appeals shall be taken to
843	843	20 the Appellate Court in accordance with Supreme Court Rules
844	844	21 22(g) and 303. Appeals shall be taken from the Appellate
845	845	22 Court to the Supreme Court in accordance with Supreme
846	846	23 Court Rule 315.
847	847	24 It shall be the duty of the clerk of any court
848	848	25 rendering a decision affecting or affirming an award of
849	849	26 the Commission to promptly furnish the Commission with a
850	850
851	851
852	852
853	853
854	854
855	855	HB3408 - 23 - LRB103 27214 SPS 53584 b
856	856
857	857
858	858	HB3408- 24 -LRB103 27214 SPS 53584 b HB3408 - 24 - LRB103 27214 SPS 53584 b
859	859	HB3408 - 24 - LRB103 27214 SPS 53584 b
860	860	1 copy of such decision, without charge.
861	861	2 The decision of a majority of the members of the panel
862	862	3 of the Commission, shall be considered the decision of the
863	863	4 Commission.
864	864	5 (g) Except in the case of a claim against the State of
865	865	6 Illinois, either party may present a certified copy of the
866	866	7 award of the Arbitrator, or a certified copy of the decision of
867	867	8 the Commission when the same has become final, when no
868	868	9 proceedings for review are pending, providing for the payment
869	869	10 of compensation according to this Act, to the Circuit Court of
870	870	11 the county in which such accident occurred or either of the
871	871	12 parties are residents, whereupon the court shall enter a
872	872	13 judgment in accordance therewith. In a case where the employer
873	873	14 refuses to pay compensation according to such final award or
874	874	15 such final decision upon which such judgment is entered the
875	875	16 court shall in entering judgment thereon, tax as costs against
876	876	17 him the reasonable costs and attorney fees in the arbitration
877	877	18 proceedings and in the court entering the judgment for the
878	878	19 person in whose favor the judgment is entered, which judgment
879	879	20 and costs taxed as therein provided shall, until and unless
880	880	21 set aside, have the same effect as though duly entered in an
881	881	22 action duly tried and determined by the court, and shall with
882	882	23 like effect, be entered and docketed. The Circuit Court shall
883	883	24 have power at any time upon application to make any such
884	884	25 judgment conform to any modification required by any
885	885	26 subsequent decision of the Supreme Court upon appeal, or as
886	886
887	887
888	888
889	889
890	890
891	891	HB3408 - 24 - LRB103 27214 SPS 53584 b
892	892
893	893
894	894	HB3408- 25 -LRB103 27214 SPS 53584 b HB3408 - 25 - LRB103 27214 SPS 53584 b
895	895	HB3408 - 25 - LRB103 27214 SPS 53584 b
896	896	1 the result of any subsequent proceedings for review, as
897	897	2 provided in this Act.
898	898	3 Judgment shall not be entered until 15 days' notice of the
899	899	4 time and place of the application for the entry of judgment
900	900	5 shall be served upon the employer by filing such notice with
901	901	6 the Commission, which Commission shall, in case it has on file
902	902	7 the address of the employer or the name and address of its
903	903	8 agent upon whom notices may be served, immediately send a copy
904	904	9 of the notice to the employer or such designated agent.
905	905	10 (h) An agreement or award under this Act providing for
906	906	11 compensation in installments, may at any time within 18 months
907	907	12 after such agreement or award be reviewed by the Commission at
908	908	13 the request of either the employer or the employee, on the
909	909	14 ground that the disability of the employee has subsequently
910	910	15 recurred, increased, diminished or ended.
911	911	16 However, as to accidents occurring subsequent to July 1,
912	912	17 1955, which are covered by any agreement or award under this
913	913	18 Act providing for compensation in installments made as a
914	914	19 result of such accident, such agreement or award may at any
915	915	20 time within 30 months, or 60 months in the case of an award
916	916	21 under Section 8(d)1, after such agreement or award be reviewed
917	917	22 by the Commission at the request of either the employer or the
918	918	23 employee on the ground that the disability of the employee has
919	919	24 subsequently recurred, increased, diminished or ended.
920	920	25 On such review, compensation payments may be
921	921	26 re-established, increased, diminished or ended. The Commission
922	922
923	923
924	924
925	925
926	926
927	927	HB3408 - 25 - LRB103 27214 SPS 53584 b
928	928
929	929
930	930	HB3408- 26 -LRB103 27214 SPS 53584 b HB3408 - 26 - LRB103 27214 SPS 53584 b
931	931	HB3408 - 26 - LRB103 27214 SPS 53584 b
932	932	1 shall give 15 days' notice to the parties of the hearing for
933	933	2 review. Any employee, upon any petition for such review being
934	934	3 filed by the employer, shall be entitled to one day's notice
935	935	4 for each 100 miles necessary to be traveled by him in attending
936	936	5 the hearing of the Commission upon the petition, and 3 days in
937	937	6 addition thereto. Such employee shall, at the discretion of
938	938	7 the Commission, also be entitled to 5 cents per mile
939	939	8 necessarily traveled by him within the State of Illinois in
940	940	9 attending such hearing, not to exceed a distance of 300 miles,
941	941	10 to be taxed by the Commission as costs and deposited with the
942	942	11 petition of the employer.
943	943	12 When compensation which is payable in accordance with an
944	944	13 award or settlement contract approved by the Commission, is
945	945	14 ordered paid in a lump sum by the Commission, no review shall
946	946	15 be had as in this paragraph mentioned.
947	947	16 (i) Each party, upon taking any proceedings or steps
948	948	17 whatsoever before any Arbitrator, Commission or court, shall
949	949	18 file with the Commission his address, or the name and address
950	950	19 of any agent upon whom all notices to be given to such party
951	951	20 shall be served, either personally or by registered mail,
952	952	21 addressed to such party or agent at the last address so filed
953	953	22 with the Commission. In the event such party has not filed his
954	954	23 address, or the name and address of an agent as above provided,
955	955	24 service of any notice may be had by filing such notice with the
956	956	25 Commission.
957	957	26 (j) Whenever in any proceeding testimony has been taken or
958	958
959	959
960	960
961	961
962	962
963	963	HB3408 - 26 - LRB103 27214 SPS 53584 b
964	964
965	965
966	966	HB3408- 27 -LRB103 27214 SPS 53584 b HB3408 - 27 - LRB103 27214 SPS 53584 b
967	967	HB3408 - 27 - LRB103 27214 SPS 53584 b
968	968	1 a final decision has been rendered and after the taking of such
969	969	2 testimony or after such decision has become final, the injured
970	970	3 employee dies, then in any subsequent proceedings brought by
971	971	4 the personal representative or beneficiaries of the deceased
972	972	5 employee, such testimony in the former proceeding may be
973	973	6 introduced with the same force and effect as though the
974	974	7 witness having so testified were present in person in such
975	975	8 subsequent proceedings and such final decision, if any, shall
976	976	9 be taken as final adjudication of any of the issues which are
977	977	10 the same in both proceedings.
978	978	11 (k) In case where there has been any unreasonable or
979	979	12 vexatious delay of payment or intentional underpayment of
980	980	13 compensation, or proceedings have been instituted or carried
981	981	14 on by the one liable to pay the compensation, which do not
982	982	15 present a real controversy, but are merely frivolous or for
983	983	16 delay, then the Commission may award compensation additional
984	984	17 to that otherwise payable under this Act equal to 50% of the
985	985	18 amount payable at the time of such award. Failure to pay
986	986	19 compensation in accordance with the provisions of Section 8,
987	987	20 paragraph (b) of this Act, shall be considered unreasonable
988	988	21 delay.
989	989	22 When determining whether this subsection (k) shall apply,
990	990	23 the Commission shall consider whether an Arbitrator has
991	991	24 determined that the claim is not compensable or whether the
992	992	25 employer has made payments under Section 8(j).
993	993	26 (l) If the employee has made written demand for payment of
994	994
995	995
996	996
997	997
998	998
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1000	1000
1001	1001
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1003	1003	HB3408 - 28 - LRB103 27214 SPS 53584 b
1004	1004	1 benefits under Section 8(a) or Section 8(b), the employer
1005	1005	2 shall have 14 days after receipt of the demand to set forth in
1006	1006	3 writing the reason for the delay. In the case of demand for
1007	1007	4 payment of medical benefits under Section 8(a), the time for
1008	1008	5 the employer to respond shall not commence until the
1009	1009	6 expiration of the allotted 30 days specified under Section
1010	1010	7 8.2(d). In case the employer or his or her insurance carrier
1011	1011	8 shall without good and just cause fail, neglect, refuse, or
1012	1012	9 unreasonably delay the payment of benefits under Section 8(a)
1013	1013	10 or Section 8(b), the Arbitrator or the Commission shall allow
1014	1014	11 to the employee additional compensation in the sum of $30 per
1015	1015	12 day for each day that the benefits under Section 8(a) or
1016	1016	13 Section 8(b) have been so withheld or refused, not to exceed
1017	1017	14 $10,000. A delay in payment of 14 days or more shall create a
1018	1018	15 rebuttable presumption of unreasonable delay.
1019	1019	16 (m) If the commission finds that an accidental injury was
1020	1020	17 directly and proximately caused by the employer's wilful
1021	1021	18 violation of a health and safety standard under the Health and
1022	1022	19 Safety Act or the Occupational Safety and Health Act in force
1023	1023	20 at the time of the accident, the arbitrator or the Commission
1024	1024	21 shall allow to the injured employee or his dependents, as the
1025	1025	22 case may be, additional compensation equal to 25% of the
1026	1026	23 amount which otherwise would be payable under the provisions
1027	1027	24 of this Act exclusive of this paragraph. The additional
1028	1028	25 compensation herein provided shall be allowed by an
1029	1029	26 appropriate increase in the applicable weekly compensation
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
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1036	1036
1037	1037
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1039	1039	HB3408 - 29 - LRB103 27214 SPS 53584 b
1040	1040	1 rate.
1041	1041	2 (n) After June 30, 1984, decisions of the Illinois
1042	1042	3 Workers' Compensation Commission reviewing an award of an
1043	1043	4 arbitrator of the Commission shall draw interest at a rate
1044	1044	5 equal to the yield on indebtedness issued by the United States
1045	1045	6 Government with a 26-week maturity next previously auctioned
1046	1046	7 on the day on which the decision is filed. Said rate of
1047	1047	8 interest shall be set forth in the Arbitrator's Decision.
1048	1048	9 Interest shall be drawn from the date of the arbitrator's
1049	1049	10 award on all accrued compensation due the employee through the
1050	1050	11 day prior to the date of payments. However, when an employee
1051	1051	12 appeals an award of an Arbitrator or the Commission, and the
1052	1052	13 appeal results in no change or a decrease in the award,
1053	1053	14 interest shall not further accrue from the date of such
1054	1054	15 appeal.
1055	1055	16 The employer or his insurance carrier may tender the
1056	1056	17 payments due under the award to stop the further accrual of
1057	1057	18 interest on such award notwithstanding the prosecution by
1058	1058	19 either party of review, certiorari, appeal to the Supreme
1059	1059	20 Court or other steps to reverse, vacate or modify the award.
1060	1060	21 (o) By the 15th day of each month each insurer providing
1061	1061	22 coverage for losses under this Act shall notify each insured
1062	1062	23 employer of any compensable claim incurred during the
1063	1063	24 preceding month and the amounts paid or reserved on the claim
1064	1064	25 including a summary of the claim and a brief statement of the
1065	1065	26 reasons for compensability. A cumulative report of all claims
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
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1072	1072
1073	1073
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1076	1076	1 incurred during a calendar year or continued from the previous
1077	1077	2 year shall be furnished to the insured employer by the insurer
1078	1078	3 within 30 days after the end of that calendar year.
1079	1079	4 The insured employer may challenge, in proceeding before
1080	1080	5 the Commission, payments made by the insurer without
1081	1081	6 arbitration and payments made after a case is determined to be
1082	1082	7 noncompensable. If the Commission finds that the case was not
1083	1083	8 compensable, the insurer shall purge its records as to that
1084	1084	9 employer of any loss or expense associated with the claim,
1085	1085	10 reimburse the employer for attorneys' fees arising from the
1086	1086	11 challenge and for any payment required of the employer to the
1087	1087	12 Rate Adjustment Fund or the Second Injury Fund, and may not
1088	1088	13 reflect the loss or expense for rate making purposes. The
1089	1089	14 employee shall not be required to refund the challenged
1090	1090	15 payment. The decision of the Commission may be reviewed in the
1091	1091	16 same manner as in arbitrated cases. No challenge may be
1092	1092	17 initiated under this paragraph more than 3 years after the
1093	1093	18 payment is made. An employer may waive the right of challenge
1094	1094	19 under this paragraph on a case by case basis.
1095	1095	20 (p) After filing an application for adjustment of claim
1096	1096	21 but prior to the hearing on arbitration the parties may
1097	1097	22 voluntarily agree to submit such application for adjustment of
1098	1098	23 claim for decision by an arbitrator under this subsection (p)
1099	1099	24 where such application for adjustment of claim raises only a
1100	1100	25 dispute over temporary total disability, permanent partial
1101	1101	26 disability or medical expenses. Such agreement shall be in
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
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1108	1108
1109	1109
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1112	1112	1 writing in such form as provided by the Commission.
1113	1113	2 Applications for adjustment of claim submitted for decision by
1114	1114	3 an arbitrator under this subsection (p) shall proceed
1115	1115	4 according to rule as established by the Commission. The
1116	1116	5 Commission shall promulgate rules including, but not limited
1117	1117	6 to, rules to ensure that the parties are adequately informed
1118	1118	7 of their rights under this subsection (p) and of the voluntary
1119	1119	8 nature of proceedings under this subsection (p). The findings
1120	1120	9 of fact made by an arbitrator acting within his or her powers
1121	1121	10 under this subsection (p) in the absence of fraud shall be
1122	1122	11 conclusive. However, the arbitrator may on his own motion, or
1123	1123	12 the motion of either party, correct any clerical errors or
1124	1124	13 errors in computation within 15 days after the date of receipt
1125	1125	14 of such award of the arbitrator and shall have the power to
1126	1126	15 recall the original award on arbitration, and issue in lieu
1127	1127	16 thereof such corrected award. The decision of the arbitrator
1128	1128	17 under this subsection (p) shall be considered the decision of
1129	1129	18 the Commission and proceedings for review of questions of law
1130	1130	19 arising from the decision may be commenced by either party
1131	1131	20 pursuant to subsection (f) of Section 19. The Advisory Board
1132	1132	21 established under Section 13.1 shall compile a list of
1133	1133	22 certified Commission arbitrators, each of whom shall be
1134	1134	23 approved by at least 7 members of the Advisory Board. The
1135	1135	24 chairman shall select 5 persons from such list to serve as
1136	1136	25 arbitrators under this subsection (p). By agreement, the
1137	1137	26 parties shall select one arbitrator from among the 5 persons
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
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1144	1144
1145	1145
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1147	1147	HB3408 - 32 - LRB103 27214 SPS 53584 b
1148	1148	1 selected by the chairman except that if the parties do not
1149	1149	2 agree on an arbitrator from among the 5 persons, the parties
1150	1150	3 may, by agreement, select an arbitrator of the American
1151	1151	4 Arbitration Association, whose fee shall be paid by the State
1152	1152	5 in accordance with rules promulgated by the Commission.
1153	1153	6 Arbitration under this subsection (p) shall be voluntary.
1154	1154	7 (Source: P.A. 101-384, eff. 1-1-20; 102-775, eff. 5-13-22.)
1155	1155	8 Section 99. Effective date. This Act takes effect upon
1156	1156	9 becoming law.
1157	1157
1158	1158
1159	1159
1160	1160
1161	1161
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