Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0154 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0154 Introduced 1/25/2023, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Provides that in the case of an employee who is a volunteer, paid-on-call, or part-time firefighter, an emergency medical technician, or a paramedic, compensation for temporary total incapacity shall commence on the day after the accident. Effective immediately. LRB103 24919 SPS 51253 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0154 Introduced 1/25/2023, by Sen. Neil Anderson 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 in the case of an employee who is a volunteer, paid-on-call, or part-time firefighter, an emergency medical technician, or a paramedic, compensation for temporary total incapacity shall commence on the day after the accident. Effective immediately. LRB103 24919 SPS 51253 b LRB103 24919 SPS 51253 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0154 Introduced 1/25/2023, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
4	4	820 ILCS 305/8 from Ch. 48, par. 138.8
5	5	Amends the Workers' Compensation Act. Provides that in the case of an employee who is a volunteer, paid-on-call, or part-time firefighter, an emergency medical technician, or a paramedic, compensation for temporary total incapacity shall commence on the day after the accident. Effective immediately.
6	6	LRB103 24919 SPS 51253 b LRB103 24919 SPS 51253 b
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8	8	A BILL FOR
9	9	SB0154LRB103 24919 SPS 51253 b SB0154 LRB103 24919 SPS 51253 b
10	10	SB0154 LRB103 24919 SPS 51253 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Workers' Compensation Act is amended by
15	15	5 changing Section 8 as follows:
16	16	6 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
17	17	7 Sec. 8. The amount of compensation which shall be paid to
18	18	8 the employee for an accidental injury not resulting in death
19	19	9 is:
20	20	10 (a) The employer shall provide and pay the negotiated
21	21	11 rate, if applicable, or the lesser of the health care
22	22	12 provider's actual charges or according to a fee schedule,
23	23	13 subject to Section 8.2, in effect at the time the service was
24	24	14 rendered for all the necessary first aid, medical and surgical
25	25	15 services, and all necessary medical, surgical and hospital
26	26	16 services thereafter incurred, limited, however, to that which
27	27	17 is reasonably required to cure or relieve from the effects of
28	28	18 the accidental injury, even if a health care provider sells,
29	29	19 transfers, or otherwise assigns an account receivable for
30	30	20 procedures, treatments, or services covered under this Act. If
31	31	21 the employer does not dispute payment of first aid, medical,
32	32	22 surgical, and hospital services, the employer shall make such
33	33	23 payment to the provider on behalf of the employee. The
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0154 Introduced 1/25/2023, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
39	39	820 ILCS 305/8 from Ch. 48, par. 138.8
40	40	Amends the Workers' Compensation Act. Provides that in the case of an employee who is a volunteer, paid-on-call, or part-time firefighter, an emergency medical technician, or a paramedic, compensation for temporary total incapacity shall commence on the day after the accident. Effective immediately.
41	41	LRB103 24919 SPS 51253 b LRB103 24919 SPS 51253 b
42	42	LRB103 24919 SPS 51253 b
43	43	A BILL FOR
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49	49	820 ILCS 305/8 from Ch. 48, par. 138.8
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68	68	1 employer shall also pay for treatment, instruction and
69	69	2 training necessary for the physical, mental and vocational
70	70	3 rehabilitation of the employee, including all maintenance
71	71	4 costs and expenses incidental thereto. If as a result of the
72	72	5 injury the employee is unable to be self-sufficient the
73	73	6 employer shall further pay for such maintenance or
74	74	7 institutional care as shall be required.
75	75	8 The employee may at any time elect to secure his own
76	76	9 physician, surgeon and hospital services at the employer's
77	77	10 expense, or,
78	78	11 Upon agreement between the employer and the employees, or
79	79	12 the employees' exclusive representative, and subject to the
80	80	13 approval of the Illinois Workers' Compensation Commission, the
81	81	14 employer shall maintain a list of physicians, to be known as a
82	82	15 Panel of Physicians, who are accessible to the employees. The
83	83	16 employer shall post this list in a place or places easily
84	84	17 accessible to his employees. The employee shall have the right
85	85	18 to make an alternative choice of physician from such Panel if
86	86	19 he is not satisfied with the physician first selected. If, due
87	87	20 to the nature of the injury or its occurrence away from the
88	88	21 employer's place of business, the employee is unable to make a
89	89	22 selection from the Panel, the selection process from the Panel
90	90	23 shall not apply. The physician selected from the Panel may
91	91	24 arrange for any consultation, referral or other specialized
92	92	25 medical services outside the Panel at the employer's expense.
93	93	26 Provided that, in the event the Commission shall find that a
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104	104	1 doctor selected by the employee is rendering improper or
105	105	2 inadequate care, the Commission may order the employee to
106	106	3 select another doctor certified or qualified in the medical
107	107	4 field for which treatment is required. If the employee refuses
108	108	5 to make such change the Commission may relieve the employer of
109	109	6 his obligation to pay the doctor's charges from the date of
110	110	7 refusal to the date of compliance.
111	111	8 Any vocational rehabilitation counselors who provide
112	112	9 service under this Act shall have appropriate certifications
113	113	10 which designate the counselor as qualified to render opinions
114	114	11 relating to vocational rehabilitation. Vocational
115	115	12 rehabilitation may include, but is not limited to, counseling
116	116	13 for job searches, supervising a job search program, and
117	117	14 vocational retraining including education at an accredited
118	118	15 learning institution. The employee or employer may petition to
119	119	16 the Commission to decide disputes relating to vocational
120	120	17 rehabilitation and the Commission shall resolve any such
121	121	18 dispute, including payment of the vocational rehabilitation
122	122	19 program by the employer.
123	123	20 The maintenance benefit shall not be less than the
124	124	21 temporary total disability rate determined for the employee.
125	125	22 In addition, maintenance shall include costs and expenses
126	126	23 incidental to the vocational rehabilitation program.
127	127	24 When the employee is working light duty on a part-time
128	128	25 basis or full-time basis and earns less than he or she would be
129	129	26 earning if employed in the full capacity of the job or jobs,
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140	140	1 then the employee shall be entitled to temporary partial
141	141	2 disability benefits. Temporary partial disability benefits
142	142	3 shall be equal to two-thirds of the difference between the
143	143	4 average amount that the employee would be able to earn in the
144	144	5 full performance of his or her duties in the occupation in
145	145	6 which he or she was engaged at the time of accident and the
146	146	7 gross amount which he or she is earning in the modified job
147	147	8 provided to the employee by the employer or in any other job
148	148	9 that the employee is working.
149	149	10 Every hospital, physician, surgeon or other person
150	150	11 rendering treatment or services in accordance with the
151	151	12 provisions of this Section shall upon written request furnish
152	152	13 full and complete reports thereof to, and permit their records
153	153	14 to be copied by, the employer, the employee or his dependents,
154	154	15 as the case may be, or any other party to any proceeding for
155	155	16 compensation before the Commission, or their attorneys.
156	156	17 Notwithstanding the foregoing, the employer's liability to
157	157	18 pay for such medical services selected by the employee shall
158	158	19 be limited to:
159	159	20 (1) all first aid and emergency treatment; plus
160	160	21 (2) all medical, surgical and hospital services
161	161	22 provided by the physician, surgeon or hospital initially
162	162	23 chosen by the employee or by any other physician,
163	163	24 consultant, expert, institution or other provider of
164	164	25 services recommended by said initial service provider or
165	165	26 any subsequent provider of medical services in the chain
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176	176	1 of referrals from said initial service provider; plus
177	177	2 (3) all medical, surgical and hospital services
178	178	3 provided by any second physician, surgeon or hospital
179	179	4 subsequently chosen by the employee or by any other
180	180	5 physician, consultant, expert, institution or other
181	181	6 provider of services recommended by said second service
182	182	7 provider or any subsequent provider of medical services in
183	183	8 the chain of referrals from said second service provider.
184	184	9 Thereafter the employer shall select and pay for all
185	185	10 necessary medical, surgical and hospital treatment and the
186	186	11 employee may not select a provider of medical services at
187	187	12 the employer's expense unless the employer agrees to such
188	188	13 selection. At any time the employee may obtain any medical
189	189	14 treatment he desires at his own expense. This paragraph
190	190	15 shall not affect the duty to pay for rehabilitation
191	191	16 referred to above.
192	192	17 (4) The following shall apply for injuries occurring
193	193	18 on or after June 28, 2011 (the effective date of Public Act
194	194	19 97-18) and only when an employer has an approved preferred
195	195	20 provider program pursuant to Section 8.1a on the date the
196	196	21 employee sustained his or her accidental injuries:
197	197	22 (A) The employer shall, in writing, on a form
198	198	23 promulgated by the Commission, inform the employee of
199	199	24 the preferred provider program;
200	200	25 (B) Subsequent to the report of an injury by an
201	201	26 employee, the employee may choose in writing at any
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212	212	1 time to decline the preferred provider program, in
213	213	2 which case that would constitute one of the two
214	214	3 choices of medical providers to which the employee is
215	215	4 entitled under subsection (a)(2) or (a)(3); and
216	216	5 (C) Prior to the report of an injury by an
217	217	6 employee, when an employee chooses non-emergency
218	218	7 treatment from a provider not within the preferred
219	219	8 provider program, that would constitute the employee's
220	220	9 one choice of medical providers to which the employee
221	221	10 is entitled under subsection (a)(2) or (a)(3).
222	222	11 When an employer and employee so agree in writing, nothing
223	223	12 in this Act prevents an employee whose injury or disability
224	224	13 has been established under this Act, from relying in good
225	225	14 faith, on treatment by prayer or spiritual means alone, in
226	226	15 accordance with the tenets and practice of a recognized church
227	227	16 or religious denomination, by a duly accredited practitioner
228	228	17 thereof, and having nursing services appropriate therewith,
229	229	18 without suffering loss or diminution of the compensation
230	230	19 benefits under this Act. However, the employee shall submit to
231	231	20 all physical examinations required by this Act. The cost of
232	232	21 such treatment and nursing care shall be paid by the employee
233	233	22 unless the employer agrees to make such payment.
234	234	23 Where the accidental injury results in the amputation of
235	235	24 an arm, hand, leg or foot, or the enucleation of an eye, or the
236	236	25 loss of any of the natural teeth, the employer shall furnish an
237	237	26 artificial of any such members lost or damaged in accidental
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248	248	1 injury arising out of and in the course of employment, and
249	249	2 shall also furnish the necessary braces in all proper and
250	250	3 necessary cases. In cases of the loss of a member or members by
251	251	4 amputation, the employer shall, whenever necessary, maintain
252	252	5 in good repair, refit or replace the artificial limbs during
253	253	6 the lifetime of the employee. Where the accidental injury
254	254	7 accompanied by physical injury results in damage to a denture,
255	255	8 eye glasses or contact eye lenses, or where the accidental
256	256	9 injury results in damage to an artificial member, the employer
257	257	10 shall replace or repair such denture, glasses, lenses, or
258	258	11 artificial member.
259	259	12 The furnishing by the employer of any such services or
260	260	13 appliances is not an admission of liability on the part of the
261	261	14 employer to pay compensation.
262	262	15 The furnishing of any such services or appliances or the
263	263	16 servicing thereof by the employer is not the payment of
264	264	17 compensation.
265	265	18 (b) If the period of temporary total incapacity for work
266	266	19 lasts more than 3 working days, weekly compensation as
267	267	20 hereinafter provided shall be paid beginning on the 4th day of
268	268	21 such temporary total incapacity and continuing as long as the
269	269	22 total temporary incapacity lasts. Notwithstanding the
270	270	23 preceding sentence, in the case of an employee who is employed
271	271	24 as a volunteer, paid-on-call, or part-time firefighter, an
272	272	25 emergency medical technician, or a paramedic or in In cases
273	273	26 where the temporary total incapacity for work continues for a
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284	284	1 period of 14 days or more from the day of the accident,
285	285	2 compensation shall commence on the day after the accident.
286	286	3 1. The compensation rate for temporary total
287	287	4 incapacity under this paragraph (b) of this Section shall
288	288	5 be equal to 66 2/3% of the employee's average weekly wage
289	289	6 computed in accordance with Section 10, provided that it
290	290	7 shall be not less than 66 2/3% of the sum of the Federal
291	291	8 minimum wage under the Fair Labor Standards Act, or the
292	292	9 Illinois minimum wage under the Minimum Wage Law,
293	293	10 whichever is more, multiplied by 40 hours. This percentage
294	294	11 rate shall be increased by 10% for each spouse and child,
295	295	12 not to exceed 100% of the total minimum wage calculation,
296	296	13 nor exceed the employee's average weekly wage computed in
297	297	14 accordance with the provisions of Section 10, whichever is
298	298	15 less.
299	299	16 2. The compensation rate in all cases other than for
300	300	17 temporary total disability under this paragraph (b), and
301	301	18 other than for serious and permanent disfigurement under
302	302	19 paragraph (c) and other than for permanent partial
303	303	20 disability under subparagraph (2) of paragraph (d) or
304	304	21 under paragraph (e), of this Section shall be equal to 66
305	305	22 2/3% of the employee's average weekly wage computed in
306	306	23 accordance with the provisions of Section 10, provided
307	307	24 that it shall be not less than 66 2/3% of the sum of the
308	308	25 Federal minimum wage under the Fair Labor Standards Act,
309	309	26 or the Illinois minimum wage under the Minimum Wage Law,
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320	320	1 whichever is more, multiplied by 40 hours. This percentage
321	321	2 rate shall be increased by 10% for each spouse and child,
322	322	3 not to exceed 100% of the total minimum wage calculation,
323	323	4 nor exceed the employee's average weekly wage computed in
324	324	5 accordance with the provisions of Section 10, whichever is
325	325	6 less.
326	326	7 2.1. The compensation rate in all cases of serious and
327	327	8 permanent disfigurement under paragraph (c) and of
328	328	9 permanent partial disability under subparagraph (2) of
329	329	10 paragraph (d) or under paragraph (e) of this Section shall
330	330	11 be equal to 60% of the employee's average weekly wage
331	331	12 computed in accordance with the provisions of Section 10,
332	332	13 provided that it shall be not less than 66 2/3% of the sum
333	333	14 of the Federal minimum wage under the Fair Labor Standards
334	334	15 Act, or the Illinois minimum wage under the Minimum Wage
335	335	16 Law, whichever is more, multiplied by 40 hours. This
336	336	17 percentage rate shall be increased by 10% for each spouse
337	337	18 and child, not to exceed 100% of the total minimum wage
338	338	19 calculation, nor exceed the employee's average weekly wage
339	339	20 computed in accordance with the provisions of Section 10,
340	340	21 whichever is less.
341	341	22 3. As used in this Section the term "child" means a
342	342	23 child of the employee including any child legally adopted
343	343	24 before the accident or whom at the time of the accident the
344	344	25 employee was under legal obligation to support or to whom
345	345	26 the employee stood in loco parentis, and who at the time of
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356	356	1 the accident was under 18 years of age and not
357	357	2 emancipated. The term "children" means the plural of
358	358	3 "child".
359	359	4 4. All weekly compensation rates provided under
360	360	5 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
361	361	6 Section shall be subject to the following limitations:
362	362	7 The maximum weekly compensation rate from July 1,
363	363	8 1975, except as hereinafter provided, shall be 100% of the
364	364	9 State's average weekly wage in covered industries under
365	365	10 the Unemployment Insurance Act, that being the wage that
366	366	11 most closely approximates the State's average weekly wage.
367	367	12 The maximum weekly compensation rate, for the period
368	368	13 July 1, 1984, through June 30, 1987, except as hereinafter
369	369	14 provided, shall be $293.61. Effective July 1, 1987 and on
370	370	15 July 1 of each year thereafter the maximum weekly
371	371	16 compensation rate, except as hereinafter provided, shall
372	372	17 be determined as follows: if during the preceding 12 month
373	373	18 period there shall have been an increase in the State's
374	374	19 average weekly wage in covered industries under the
375	375	20 Unemployment Insurance Act, the weekly compensation rate
376	376	21 shall be proportionately increased by the same percentage
377	377	22 as the percentage of increase in the State's average
378	378	23 weekly wage in covered industries under the Unemployment
379	379	24 Insurance Act during such period.
380	380	25 The maximum weekly compensation rate, for the period
381	381	26 January 1, 1981 through December 31, 1983, except as
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392	392	1 hereinafter provided, shall be 100% of the State's average
393	393	2 weekly wage in covered industries under the Unemployment
394	394	3 Insurance Act in effect on January 1, 1981. Effective
395	395	4 January 1, 1984 and on January 1, of each year thereafter
396	396	5 the maximum weekly compensation rate, except as
397	397	6 hereinafter provided, shall be determined as follows: if
398	398	7 during the preceding 12 month period there shall have been
399	399	8 an increase in the State's average weekly wage in covered
400	400	9 industries under the Unemployment Insurance Act, the
401	401	10 weekly compensation rate shall be proportionately
402	402	11 increased by the same percentage as the percentage of
403	403	12 increase in the State's average weekly wage in covered
404	404	13 industries under the Unemployment Insurance Act during
405	405	14 such period.
406	406	15 From July 1, 1977 and thereafter such maximum weekly
407	407	16 compensation rate in death cases under Section 7, and
408	408	17 permanent total disability cases under paragraph (f) or
409	409	18 subparagraph 18 of paragraph (3) of this Section and for
410	410	19 temporary total disability under paragraph (b) of this
411	411	20 Section and for amputation of a member or enucleation of
412	412	21 an eye under paragraph (e) of this Section shall be
413	413	22 increased to 133-1/3% of the State's average weekly wage
414	414	23 in covered industries under the Unemployment Insurance
415	415	24 Act.
416	416	25 For injuries occurring on or after February 1, 2006,
417	417	26 the maximum weekly benefit under paragraph (d)1 of this
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428	428	1 Section shall be 100% of the State's average weekly wage
429	429	2 in covered industries under the Unemployment Insurance
430	430	3 Act.
431	431	4 4.1. Any provision herein to the contrary
432	432	5 notwithstanding, the weekly compensation rate for
433	433	6 compensation payments under subparagraph 18 of paragraph
434	434	7 (e) of this Section and under paragraph (f) of this
435	435	8 Section and under paragraph (a) of Section 7 and for
436	436	9 amputation of a member or enucleation of an eye under
437	437	10 paragraph (e) of this Section, shall in no event be less
438	438	11 than 50% of the State's average weekly wage in covered
439	439	12 industries under the Unemployment Insurance Act.
440	440	13 4.2. Any provision to the contrary notwithstanding,
441	441	14 the total compensation payable under Section 7 shall not
442	442	15 exceed the greater of $500,000 or 25 years.
443	443	16 5. For the purpose of this Section this State's
444	444	17 average weekly wage in covered industries under the
445	445	18 Unemployment Insurance Act on July 1, 1975 is hereby fixed
446	446	19 at $228.16 per week and the computation of compensation
447	447	20 rates shall be based on the aforesaid average weekly wage
448	448	21 until modified as hereinafter provided.
449	449	22 6. The Department of Employment Security of the State
450	450	23 shall on or before the first day of December, 1977, and on
451	451	24 or before the first day of June, 1978, and on the first day
452	452	25 of each December and June of each year thereafter, publish
453	453	26 the State's average weekly wage in covered industries
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464	464	1 under the Unemployment Insurance Act and the Illinois
465	465	2 Workers' Compensation Commission shall on the 15th day of
466	466	3 January, 1978 and on the 15th day of July, 1978 and on the
467	467	4 15th day of each January and July of each year thereafter,
468	468	5 post and publish the State's average weekly wage in
469	469	6 covered industries under the Unemployment Insurance Act as
470	470	7 last determined and published by the Department of
471	471	8 Employment Security. The amount when so posted and
472	472	9 published shall be conclusive and shall be applicable as
473	473	10 the basis of computation of compensation rates until the
474	474	11 next posting and publication as aforesaid.
475	475	12 7. The payment of compensation by an employer or his
476	476	13 insurance carrier to an injured employee shall not
477	477	14 constitute an admission of the employer's liability to pay
478	478	15 compensation.
479	479	16 (c) For any serious and permanent disfigurement to the
480	480	17 hand, head, face, neck, arm, leg below the knee or the chest
481	481	18 above the axillary line, the employee is entitled to
482	482	19 compensation for such disfigurement, the amount determined by
483	483	20 agreement at any time or by arbitration under this Act, at a
484	484	21 hearing not less than 6 months after the date of the accidental
485	485	22 injury, which amount shall not exceed 150 weeks (if the
486	486	23 accidental injury occurs on or after the effective date of
487	487	24 this amendatory Act of the 94th General Assembly but before
488	488	25 February 1, 2006) or 162 weeks (if the accidental injury
489	489	26 occurs on or after February 1, 2006) at the applicable rate
490	490
491	491
492	492
493	493
494	494
495	495	SB0154 - 13 - LRB103 24919 SPS 51253 b
496	496
497	497
498	498	SB0154- 14 -LRB103 24919 SPS 51253 b SB0154 - 14 - LRB103 24919 SPS 51253 b
499	499	SB0154 - 14 - LRB103 24919 SPS 51253 b
500	500	1 provided in subparagraph 2.1 of paragraph (b) of this Section.
501	501	2 No compensation is payable under this paragraph where
502	502	3 compensation is payable under paragraphs (d), (e) or (f) of
503	503	4 this Section.
504	504	5 A duly appointed member of a fire department in a city, the
505	505	6 population of which exceeds 500,000 according to the last
506	506	7 federal or State census, is eligible for compensation under
507	507	8 this paragraph only where such serious and permanent
508	508	9 disfigurement results from burns.
509	509	10 (d) 1. If, after the accidental injury has been sustained,
510	510	11 the employee as a result thereof becomes partially
511	511	12 incapacitated from pursuing his usual and customary line of
512	512	13 employment, he shall, except in cases compensated under the
513	513	14 specific schedule set forth in paragraph (e) of this Section,
514	514	15 receive compensation for the duration of his disability,
515	515	16 subject to the limitations as to maximum amounts fixed in
516	516	17 paragraph (b) of this Section, equal to 66-2/3% of the
517	517	18 difference between the average amount which he would be able
518	518	19 to earn in the full performance of his duties in the occupation
519	519	20 in which he was engaged at the time of the accident and the
520	520	21 average amount which he is earning or is able to earn in some
521	521	22 suitable employment or business after the accident. For
522	522	23 accidental injuries that occur on or after September 1, 2011,
523	523	24 an award for wage differential under this subsection shall be
524	524	25 effective only until the employee reaches the age of 67 or 5
525	525	26 years from the date the award becomes final, whichever is
526	526
527	527
528	528
529	529
530	530
531	531	SB0154 - 14 - LRB103 24919 SPS 51253 b
532	532
533	533
534	534	SB0154- 15 -LRB103 24919 SPS 51253 b SB0154 - 15 - LRB103 24919 SPS 51253 b
535	535	SB0154 - 15 - LRB103 24919 SPS 51253 b
536	536	1 later.
537	537	2 2. If, as a result of the accident, the employee sustains
538	538	3 serious and permanent injuries not covered by paragraphs (c)
539	539	4 and (e) of this Section or having sustained injuries covered
540	540	5 by the aforesaid paragraphs (c) and (e), he shall have
541	541	6 sustained in addition thereto other injuries which injuries do
542	542	7 not incapacitate him from pursuing the duties of his
543	543	8 employment but which would disable him from pursuing other
544	544	9 suitable occupations, or which have otherwise resulted in
545	545	10 physical impairment; or if such injuries partially
546	546	11 incapacitate him from pursuing the duties of his usual and
547	547	12 customary line of employment but do not result in an
548	548	13 impairment of earning capacity, or having resulted in an
549	549	14 impairment of earning capacity, the employee elects to waive
550	550	15 his right to recover under the foregoing subparagraph 1 of
551	551	16 paragraph (d) of this Section then in any of the foregoing
552	552	17 events, he shall receive in addition to compensation for
553	553	18 temporary total disability under paragraph (b) of this
554	554	19 Section, compensation at the rate provided in subparagraph 2.1
555	555	20 of paragraph (b) of this Section for that percentage of 500
556	556	21 weeks that the partial disability resulting from the injuries
557	557	22 covered by this paragraph bears to total disability. If the
558	558	23 employee shall have sustained a fracture of one or more
559	559	24 vertebra or fracture of the skull, the amount of compensation
560	560	25 allowed under this Section shall be not less than 6 weeks for a
561	561	26 fractured skull and 6 weeks for each fractured vertebra, and
562	562
563	563
564	564
565	565
566	566
567	567	SB0154 - 15 - LRB103 24919 SPS 51253 b
568	568
569	569
570	570	SB0154- 16 -LRB103 24919 SPS 51253 b SB0154 - 16 - LRB103 24919 SPS 51253 b
571	571	SB0154 - 16 - LRB103 24919 SPS 51253 b
572	572	1 in the event the employee shall have sustained a fracture of
573	573	2 any of the following facial bones: nasal, lachrymal, vomer,
574	574	3 zygoma, maxilla, palatine or mandible, the amount of
575	575	4 compensation allowed under this Section shall be not less than
576	576	5 2 weeks for each such fractured bone, and for a fracture of
577	577	6 each transverse process not less than 3 weeks. In the event
578	578	7 such injuries shall result in the loss of a kidney, spleen or
579	579	8 lung, the amount of compensation allowed under this Section
580	580	9 shall be not less than 10 weeks for each such organ.
581	581	10 Compensation awarded under this subparagraph 2 shall not take
582	582	11 into consideration injuries covered under paragraphs (c) and
583	583	12 (e) of this Section and the compensation provided in this
584	584	13 paragraph shall not affect the employee's right to
585	585	14 compensation payable under paragraphs (b), (c) and (e) of this
586	586	15 Section for the disabilities therein covered.
587	587	16 (e) For accidental injuries in the following schedule, the
588	588	17 employee shall receive compensation for the period of
589	589	18 temporary total incapacity for work resulting from such
590	590	19 accidental injury, under subparagraph 1 of paragraph (b) of
591	591	20 this Section, and shall receive in addition thereto
592	592	21 compensation for a further period for the specific loss herein
593	593	22 mentioned, but shall not receive any compensation under any
594	594	23 other provisions of this Act. The following listed amounts
595	595	24 apply to either the loss of or the permanent and complete loss
596	596	25 of use of the member specified, such compensation for the
597	597	26 length of time as follows:
598	598
599	599
600	600
601	601
602	602
603	603	SB0154 - 16 - LRB103 24919 SPS 51253 b
604	604
605	605
606	606	SB0154- 17 -LRB103 24919 SPS 51253 b SB0154 - 17 - LRB103 24919 SPS 51253 b
607	607	SB0154 - 17 - LRB103 24919 SPS 51253 b
608	608	1 1. Thumb-
609	609	2 70 weeks if the accidental injury occurs on or
610	610	3 after the effective date of this amendatory Act of the
611	611	4 94th General Assembly but before February 1, 2006.
612	612	5 76 weeks if the accidental injury occurs on or
613	613	6 after February 1, 2006.
614	614	7 2. First, or index finger-
615	615	8 40 weeks if the accidental injury occurs on or
616	616	9 after the effective date of this amendatory Act of the
617	617	10 94th General Assembly but before February 1, 2006.
618	618	11 43 weeks if the accidental injury occurs on or
619	619	12 after February 1, 2006.
620	620	13 3. Second, or middle finger-
621	621	14 35 weeks if the accidental injury occurs on or
622	622	15 after the effective date of this amendatory Act of the
623	623	16 94th General Assembly but before February 1, 2006.
624	624	17 38 weeks if the accidental injury occurs on or
625	625	18 after February 1, 2006.
626	626	19 4. Third, or ring finger-
627	627	20 25 weeks if the accidental injury occurs on or
628	628	21 after the effective date of this amendatory Act of the
629	629	22 94th General Assembly but before February 1, 2006.
630	630	23 27 weeks if the accidental injury occurs on or
631	631	24 after February 1, 2006.
632	632	25 5. Fourth, or little finger-
633	633	26 20 weeks if the accidental injury occurs on or
634	634
635	635
636	636
637	637
638	638
639	639	SB0154 - 17 - LRB103 24919 SPS 51253 b
640	640
641	641
642	642	SB0154- 18 -LRB103 24919 SPS 51253 b SB0154 - 18 - LRB103 24919 SPS 51253 b
643	643	SB0154 - 18 - LRB103 24919 SPS 51253 b
644	644	1 after the effective date of this amendatory Act of the
645	645	2 94th General Assembly but before February 1, 2006.
646	646	3 22 weeks if the accidental injury occurs on or
647	647	4 after February 1, 2006.
648	648	5 6. Great toe-
649	649	6 35 weeks if the accidental injury occurs on or
650	650	7 after the effective date of this amendatory Act of the
651	651	8 94th General Assembly but before February 1, 2006.
652	652	9 38 weeks if the accidental injury occurs on or
653	653	10 after February 1, 2006.
654	654	11 7. Each toe other than great toe-
655	655	12 12 weeks if the accidental injury occurs on or
656	656	13 after the effective date of this amendatory Act of the
657	657	14 94th General Assembly but before February 1, 2006.
658	658	15 13 weeks if the accidental injury occurs on or
659	659	16 after February 1, 2006.
660	660	17 8. The loss of the first or distal phalanx of the thumb
661	661	18 or of any finger or toe shall be considered to be equal to
662	662	19 the loss of one-half of such thumb, finger or toe and the
663	663	20 compensation payable shall be one-half of the amount above
664	664	21 specified. The loss of more than one phalanx shall be
665	665	22 considered as the loss of the entire thumb, finger or toe.
666	666	23 In no case shall the amount received for more than one
667	667	24 finger exceed the amount provided in this schedule for the
668	668	25 loss of a hand.
669	669	26 9. Hand-
670	670
671	671
672	672
673	673
674	674
675	675	SB0154 - 18 - LRB103 24919 SPS 51253 b
676	676
677	677
678	678	SB0154- 19 -LRB103 24919 SPS 51253 b SB0154 - 19 - LRB103 24919 SPS 51253 b
679	679	SB0154 - 19 - LRB103 24919 SPS 51253 b
680	680	1 190 weeks if the accidental injury occurs on or
681	681	2 after the effective date of this amendatory Act of the
682	682	3 94th General Assembly but before February 1, 2006.
683	683	4 205 weeks if the accidental injury occurs on or
684	684	5 after February 1, 2006.
685	685	6 190 weeks if the accidental injury occurs on or
686	686	7 after June 28, 2011 (the effective date of Public Act
687	687	8 97-18) and if the accidental injury involves carpal
688	688	9 tunnel syndrome due to repetitive or cumulative
689	689	10 trauma, in which case the permanent partial disability
690	690	11 shall not exceed 15% loss of use of the hand, except
691	691	12 for cause shown by clear and convincing evidence and
692	692	13 in which case the award shall not exceed 30% loss of
693	693	14 use of the hand.
694	694	15 The loss of 2 or more digits, or one or more phalanges
695	695	16 of 2 or more digits, of a hand may be compensated on the
696	696	17 basis of partial loss of use of a hand, provided, further,
697	697	18 that the loss of 4 digits, or the loss of use of 4 digits,
698	698	19 in the same hand shall constitute the complete loss of a
699	699	20 hand.
700	700	21 10. Arm-
701	701	22 235 weeks if the accidental injury occurs on or
702	702	23 after the effective date of this amendatory Act of the
703	703	24 94th General Assembly but before February 1, 2006.
704	704	25 253 weeks if the accidental injury occurs on or
705	705	26 after February 1, 2006.
706	706
707	707
708	708
709	709
710	710
711	711	SB0154 - 19 - LRB103 24919 SPS 51253 b
712	712
713	713
714	714	SB0154- 20 -LRB103 24919 SPS 51253 b SB0154 - 20 - LRB103 24919 SPS 51253 b
715	715	SB0154 - 20 - LRB103 24919 SPS 51253 b
716	716	1 Where an accidental injury results in the amputation
717	717	2 of an arm below the elbow, such injury shall be
718	718	3 compensated as a loss of an arm. Where an accidental
719	719	4 injury results in the amputation of an arm above the
720	720	5 elbow, compensation for an additional 15 weeks (if the
721	721	6 accidental injury occurs on or after the effective date of
722	722	7 this amendatory Act of the 94th General Assembly but
723	723	8 before February 1, 2006) or an additional 17 weeks (if the
724	724	9 accidental injury occurs on or after February 1, 2006)
725	725	10 shall be paid, except where the accidental injury results
726	726	11 in the amputation of an arm at the shoulder joint, or so
727	727	12 close to shoulder joint that an artificial arm cannot be
728	728	13 used, or results in the disarticulation of an arm at the
729	729	14 shoulder joint, in which case compensation for an
730	730	15 additional 65 weeks (if the accidental injury occurs on or
731	731	16 after the effective date of this amendatory Act of the
732	732	17 94th General Assembly but before February 1, 2006) or an
733	733	18 additional 70 weeks (if the accidental injury occurs on or
734	734	19 after February 1, 2006) shall be paid.
735	735	20 11. Foot-
736	736	21 155 weeks if the accidental injury occurs on or
737	737	22 after the effective date of this amendatory Act of the
738	738	23 94th General Assembly but before February 1, 2006.
739	739	24 167 weeks if the accidental injury occurs on or
740	740	25 after February 1, 2006.
741	741	26 12. Leg-
742	742
743	743
744	744
745	745
746	746
747	747	SB0154 - 20 - LRB103 24919 SPS 51253 b
748	748
749	749
750	750	SB0154- 21 -LRB103 24919 SPS 51253 b SB0154 - 21 - LRB103 24919 SPS 51253 b
751	751	SB0154 - 21 - LRB103 24919 SPS 51253 b
752	752	1 200 weeks if the accidental injury occurs on or
753	753	2 after the effective date of this amendatory Act of the
754	754	3 94th General Assembly but before February 1, 2006.
755	755	4 215 weeks if the accidental injury occurs on or
756	756	5 after February 1, 2006.
757	757	6 Where an accidental injury results in the amputation
758	758	7 of a leg below the knee, such injury shall be compensated
759	759	8 as loss of a leg. Where an accidental injury results in the
760	760	9 amputation of a leg above the knee, compensation for an
761	761	10 additional 25 weeks (if the accidental injury occurs on or
762	762	11 after the effective date of this amendatory Act of the
763	763	12 94th General Assembly but before February 1, 2006) or an
764	764	13 additional 27 weeks (if the accidental injury occurs on or
765	765	14 after February 1, 2006) shall be paid, except where the
766	766	15 accidental injury results in the amputation of a leg at
767	767	16 the hip joint, or so close to the hip joint that an
768	768	17 artificial leg cannot be used, or results in the
769	769	18 disarticulation of a leg at the hip joint, in which case
770	770	19 compensation for an additional 75 weeks (if the accidental
771	771	20 injury occurs on or after the effective date of this
772	772	21 amendatory Act of the 94th General Assembly but before
773	773	22 February 1, 2006) or an additional 81 weeks (if the
774	774	23 accidental injury occurs on or after February 1, 2006)
775	775	24 shall be paid.
776	776	25 13. Eye-
777	777	26 150 weeks if the accidental injury occurs on or
778	778
779	779
780	780
781	781
782	782
783	783	SB0154 - 21 - LRB103 24919 SPS 51253 b
784	784
785	785
786	786	SB0154- 22 -LRB103 24919 SPS 51253 b SB0154 - 22 - LRB103 24919 SPS 51253 b
787	787	SB0154 - 22 - LRB103 24919 SPS 51253 b
788	788	1 after the effective date of this amendatory Act of the
789	789	2 94th General Assembly but before February 1, 2006.
790	790	3 162 weeks if the accidental injury occurs on or
791	791	4 after February 1, 2006.
792	792	5 Where an accidental injury results in the enucleation
793	793	6 of an eye, compensation for an additional 10 weeks (if the
794	794	7 accidental injury occurs on or after the effective date of
795	795	8 this amendatory Act of the 94th General Assembly but
796	796	9 before February 1, 2006) or an additional 11 weeks (if the
797	797	10 accidental injury occurs on or after February 1, 2006)
798	798	11 shall be paid.
799	799	12 14. Loss of hearing of one ear-
800	800	13 50 weeks if the accidental injury occurs on or
801	801	14 after the effective date of this amendatory Act of the
802	802	15 94th General Assembly but before February 1, 2006.
803	803	16 54 weeks if the accidental injury occurs on or
804	804	17 after February 1, 2006.
805	805	18 Total and permanent loss of hearing of both ears-
806	806	19 200 weeks if the accidental injury occurs on or
807	807	20 after the effective date of this amendatory Act of the
808	808	21 94th General Assembly but before February 1, 2006.
809	809	22 215 weeks if the accidental injury occurs on or
810	810	23 after February 1, 2006.
811	811	24 15. Testicle-
812	812	25 50 weeks if the accidental injury occurs on or
813	813	26 after the effective date of this amendatory Act of the
814	814
815	815
816	816
817	817
818	818
819	819	SB0154 - 22 - LRB103 24919 SPS 51253 b
820	820
821	821
822	822	SB0154- 23 -LRB103 24919 SPS 51253 b SB0154 - 23 - LRB103 24919 SPS 51253 b
823	823	SB0154 - 23 - LRB103 24919 SPS 51253 b
824	824	1 94th General Assembly but before February 1, 2006.
825	825	2 54 weeks if the accidental injury occurs on or
826	826	3 after February 1, 2006.
827	827	4 Both testicles-
828	828	5 150 weeks if the accidental injury occurs on or
829	829	6 after the effective date of this amendatory Act of the
830	830	7 94th General Assembly but before February 1, 2006.
831	831	8 162 weeks if the accidental injury occurs on or
832	832	9 after February 1, 2006.
833	833	10 16. For the permanent partial loss of use of a member
834	834	11 or sight of an eye, or hearing of an ear, compensation
835	835	12 during that proportion of the number of weeks in the
836	836	13 foregoing schedule provided for the loss of such member or
837	837	14 sight of an eye, or hearing of an ear, which the partial
838	838	15 loss of use thereof bears to the total loss of use of such
839	839	16 member, or sight of eye, or hearing of an ear.
840	840	17 (a) Loss of hearing for compensation purposes
841	841	18 shall be confined to the frequencies of 1,000, 2,000
842	842	19 and 3,000 cycles per second. Loss of hearing ability
843	843	20 for frequency tones above 3,000 cycles per second are
844	844	21 not to be considered as constituting disability for
845	845	22 hearing.
846	846	23 (b) The percent of hearing loss, for purposes of
847	847	24 the determination of compensation claims for
848	848	25 occupational deafness, shall be calculated as the
849	849	26 average in decibels for the thresholds of hearing for
850	850
851	851
852	852
853	853
854	854
855	855	SB0154 - 23 - LRB103 24919 SPS 51253 b
856	856
857	857
858	858	SB0154- 24 -LRB103 24919 SPS 51253 b SB0154 - 24 - LRB103 24919 SPS 51253 b
859	859	SB0154 - 24 - LRB103 24919 SPS 51253 b
860	860	1 the frequencies of 1,000, 2,000 and 3,000 cycles per
861	861	2 second. Pure tone air conduction audiometric
862	862	3 instruments, approved by nationally recognized
863	863	4 authorities in this field, shall be used for measuring
864	864	5 hearing loss. If the losses of hearing average 30
865	865	6 decibels or less in the 3 frequencies, such losses of
866	866	7 hearing shall not then constitute any compensable
867	867	8 hearing disability. If the losses of hearing average
868	868	9 85 decibels or more in the 3 frequencies, then the same
869	869	10 shall constitute and be total or 100% compensable
870	870	11 hearing loss.
871	871	12 (c) In measuring hearing impairment, the lowest
872	872	13 measured losses in each of the 3 frequencies shall be
873	873	14 added together and divided by 3 to determine the
874	874	15 average decibel loss. For every decibel of loss
875	875	16 exceeding 30 decibels an allowance of 1.82% shall be
876	876	17 made up to the maximum of 100% which is reached at 85
877	877	18 decibels.
878	878	19 (d) If a hearing loss is established to have
879	879	20 existed on July 1, 1975 by audiometric testing the
880	880	21 employer shall not be liable for the previous loss so
881	881	22 established nor shall he be liable for any loss for
882	882	23 which compensation has been paid or awarded.
883	883	24 (e) No consideration shall be given to the
884	884	25 question of whether or not the ability of an employee
885	885	26 to understand speech is improved by the use of a
886	886
887	887
888	888
889	889
890	890
891	891	SB0154 - 24 - LRB103 24919 SPS 51253 b
892	892
893	893
894	894	SB0154- 25 -LRB103 24919 SPS 51253 b SB0154 - 25 - LRB103 24919 SPS 51253 b
895	895	SB0154 - 25 - LRB103 24919 SPS 51253 b
896	896	1 hearing aid.
897	897	2 (f) No claim for loss of hearing due to industrial
898	898	3 noise shall be brought against an employer or allowed
899	899	4 unless the employee has been exposed for a period of
900	900	5 time sufficient to cause permanent impairment to noise
901	901	6 levels in excess of the following:
902	902	7Sound Level DBA 8Slow Response Hours Per Day 990 8 1092 6 1195 4 1297 3 13100 2 14102 1-1/2 15105 1 16110 1/2 17115 1/4 7 Sound Level DBA 8 Slow Response Hours Per Day 9 90 8 10 92 6 11 95 4 12 97 3 13 100 2 14 102 1-1/2 15 105 1 16 110 1/2 17 115 1/4
903	903	7 Sound Level DBA
904	904	8 Slow Response Hours Per Day
905	905	9 90 8
906	906	10 92 6
907	907	11 95 4
908	908	12 97 3
909	909	13 100 2
910	910	14 102 1-1/2
911	911	15 105 1
912	912	16 110 1/2
913	913	17 115 1/4
914	914	18 This subparagraph (f) shall not be applied in cases of
915	915	19 hearing loss resulting from trauma or explosion.
916	916	20 17. In computing the compensation to be paid to any
917	917	21 employee who, before the accident for which he claims
918	918	22 compensation, had before that time sustained an injury
919	919	23 resulting in the loss by amputation or partial loss by
920	920	24 amputation of any member, including hand, arm, thumb or
921	921	25 fingers, leg, foot or any toes, such loss or partial loss
922	922	26 of any such member shall be deducted from any award made
923	923
924	924
925	925
926	926
927	927
928	928	SB0154 - 25 - LRB103 24919 SPS 51253 b
929	929
930	930
931	931	7 Sound Level DBA
932	932	8 Slow Response Hours Per Day
933	933	9 90 8
934	934	10 92 6
935	935	11 95 4
936	936	12 97 3
937	937	13 100 2
938	938	14 102 1-1/2
939	939	15 105 1
940	940	16 110 1/2
941	941	17 115 1/4
942	942
943	943
944	944	SB0154- 26 -LRB103 24919 SPS 51253 b SB0154 - 26 - LRB103 24919 SPS 51253 b
945	945	SB0154 - 26 - LRB103 24919 SPS 51253 b
946	946	1 for the subsequent injury. For the permanent loss of use
947	947	2 or the permanent partial loss of use of any such member or
948	948	3 the partial loss of sight of an eye, for which
949	949	4 compensation has been paid, then such loss shall be taken
950	950	5 into consideration and deducted from any award for the
951	951	6 subsequent injury.
952	952	7 18. The specific case of loss of both hands, both
953	953	8 arms, or both feet, or both legs, or both eyes, or of any
954	954	9 two thereof, or the permanent and complete loss of the use
955	955	10 thereof, constitutes total and permanent disability, to be
956	956	11 compensated according to the compensation fixed by
957	957	12 paragraph (f) of this Section. These specific cases of
958	958	13 total and permanent disability do not exclude other cases.
959	959	14 Any employee who has previously suffered the loss or
960	960	15 permanent and complete loss of the use of any of such
961	961	16 members, and in a subsequent independent accident loses
962	962	17 another or suffers the permanent and complete loss of the
963	963	18 use of any one of such members the employer for whom the
964	964	19 injured employee is working at the time of the last
965	965	20 independent accident is liable to pay compensation only
966	966	21 for the loss or permanent and complete loss of the use of
967	967	22 the member occasioned by the last independent accident.
968	968	23 19. In a case of specific loss and the subsequent
969	969	24 death of such injured employee from other causes than such
970	970	25 injury leaving a widow, widower, or dependents surviving
971	971	26 before payment or payment in full for such injury, then
972	972
973	973
974	974
975	975
976	976
977	977	SB0154 - 26 - LRB103 24919 SPS 51253 b
978	978
979	979
980	980	SB0154- 27 -LRB103 24919 SPS 51253 b SB0154 - 27 - LRB103 24919 SPS 51253 b
981	981	SB0154 - 27 - LRB103 24919 SPS 51253 b
982	982	1 the amount due for such injury is payable to the widow or
983	983	2 widower and, if there be no widow or widower, then to such
984	984	3 dependents, in the proportion which such dependency bears
985	985	4 to total dependency.
986	986	5 Beginning July 1, 1980, and every 6 months thereafter, the
987	987	6 Commission shall examine the Second Injury Fund and when,
988	988	7 after deducting all advances or loans made to such Fund, the
989	989	8 amount therein is $500,000 then the amount required to be paid
990	990	9 by employers pursuant to paragraph (f) of Section 7 shall be
991	991	10 reduced by one-half. When the Second Injury Fund reaches the
992	992	11 sum of $600,000 then the payments shall cease entirely.
993	993	12 However, when the Second Injury Fund has been reduced to
994	994	13 $400,000, payment of one-half of the amounts required by
995	995	14 paragraph (f) of Section 7 shall be resumed, in the manner
996	996	15 herein provided, and when the Second Injury Fund has been
997	997	16 reduced to $300,000, payment of the full amounts required by
998	998	17 paragraph (f) of Section 7 shall be resumed, in the manner
999	999	18 herein provided. The Commission shall make the changes in
1000	1000	19 payment effective by general order, and the changes in payment
1001	1001	20 become immediately effective for all cases coming before the
1002	1002	21 Commission thereafter either by settlement agreement or final
1003	1003	22 order, irrespective of the date of the accidental injury.
1004	1004	23 On August 1, 1996 and on February 1 and August 1 of each
1005	1005	24 subsequent year, the Commission shall examine the special fund
1006	1006	25 designated as the "Rate Adjustment Fund" and when, after
1007	1007	26 deducting all advances or loans made to said fund, the amount
1008	1008
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013	SB0154 - 27 - LRB103 24919 SPS 51253 b
1014	1014
1015	1015
1016	1016	SB0154- 28 -LRB103 24919 SPS 51253 b SB0154 - 28 - LRB103 24919 SPS 51253 b
1017	1017	SB0154 - 28 - LRB103 24919 SPS 51253 b
1018	1018	1 therein is $4,000,000, the amount required to be paid by
1019	1019	2 employers pursuant to paragraph (f) of Section 7 shall be
1020	1020	3 reduced by one-half. When the Rate Adjustment Fund reaches the
1021	1021	4 sum of $5,000,000 the payment therein shall cease entirely.
1022	1022	5 However, when said Rate Adjustment Fund has been reduced to
1023	1023	6 $3,000,000 the amounts required by paragraph (f) of Section 7
1024	1024	7 shall be resumed in the manner herein provided.
1025	1025	8 (f) In case of complete disability, which renders the
1026	1026	9 employee wholly and permanently incapable of work, or in the
1027	1027	10 specific case of total and permanent disability as provided in
1028	1028	11 subparagraph 18 of paragraph (e) of this Section, compensation
1029	1029	12 shall be payable at the rate provided in subparagraph 2 of
1030	1030	13 paragraph (b) of this Section for life.
1031	1031	14 An employee entitled to benefits under paragraph (f) of
1032	1032	15 this Section shall also be entitled to receive from the Rate
1033	1033	16 Adjustment Fund provided in paragraph (f) of Section 7 of the
1034	1034	17 supplementary benefits provided in paragraph (g) of this
1035	1035	18 Section 8.
1036	1036	19 If any employee who receives an award under this paragraph
1037	1037	20 afterwards returns to work or is able to do so, and earns or is
1038	1038	21 able to earn as much as before the accident, payments under
1039	1039	22 such award shall cease. If such employee returns to work, or is
1040	1040	23 able to do so, and earns or is able to earn part but not as
1041	1041	24 much as before the accident, such award shall be modified so as
1042	1042	25 to conform to an award under paragraph (d) of this Section. If
1043	1043	26 such award is terminated or reduced under the provisions of
1044	1044
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049	SB0154 - 28 - LRB103 24919 SPS 51253 b
1050	1050
1051	1051
1052	1052	SB0154- 29 -LRB103 24919 SPS 51253 b SB0154 - 29 - LRB103 24919 SPS 51253 b
1053	1053	SB0154 - 29 - LRB103 24919 SPS 51253 b
1054	1054	1 this paragraph, such employees have the right at any time
1055	1055	2 within 30 months after the date of such termination or
1056	1056	3 reduction to file petition with the Commission for the purpose
1057	1057	4 of determining whether any disability exists as a result of
1058	1058	5 the original accidental injury and the extent thereof.
1059	1059	6 Disability as enumerated in subdivision 18, paragraph (e)
1060	1060	7 of this Section is considered complete disability.
1061	1061	8 If an employee who had previously incurred loss or the
1062	1062	9 permanent and complete loss of use of one member, through the
1063	1063	10 loss or the permanent and complete loss of the use of one hand,
1064	1064	11 one arm, one foot, one leg, or one eye, incurs permanent and
1065	1065	12 complete disability through the loss or the permanent and
1066	1066	13 complete loss of the use of another member, he shall receive,
1067	1067	14 in addition to the compensation payable by the employer and
1068	1068	15 after such payments have ceased, an amount from the Second
1069	1069	16 Injury Fund provided for in paragraph (f) of Section 7, which,
1070	1070	17 together with the compensation payable from the employer in
1071	1071	18 whose employ he was when the last accidental injury was
1072	1072	19 incurred, will equal the amount payable for permanent and
1073	1073	20 complete disability as provided in this paragraph of this
1074	1074	21 Section.
1075	1075	22 The custodian of the Second Injury Fund provided for in
1076	1076	23 paragraph (f) of Section 7 shall be joined with the employer as
1077	1077	24 a party respondent in the application for adjustment of claim.
1078	1078	25 The application for adjustment of claim shall state briefly
1079	1079	26 and in general terms the approximate time and place and manner
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	SB0154 - 29 - LRB103 24919 SPS 51253 b
1086	1086
1087	1087
1088	1088	SB0154- 30 -LRB103 24919 SPS 51253 b SB0154 - 30 - LRB103 24919 SPS 51253 b
1089	1089	SB0154 - 30 - LRB103 24919 SPS 51253 b
1090	1090	1 of the loss of the first member.
1091	1091	2 In its award the Commission or the Arbitrator shall
1092	1092	3 specifically find the amount the injured employee shall be
1093	1093	4 weekly paid, the number of weeks compensation which shall be
1094	1094	5 paid by the employer, the date upon which payments begin out of
1095	1095	6 the Second Injury Fund provided for in paragraph (f) of
1096	1096	7 Section 7 of this Act, the length of time the weekly payments
1097	1097	8 continue, the date upon which the pension payments commence
1098	1098	9 and the monthly amount of the payments. The Commission shall
1099	1099	10 30 days after the date upon which payments out of the Second
1100	1100	11 Injury Fund have begun as provided in the award, and every
1101	1101	12 month thereafter, prepare and submit to the State Comptroller
1102	1102	13 a voucher for payment for all compensation accrued to that
1103	1103	14 date at the rate fixed by the Commission. The State
1104	1104	15 Comptroller shall draw a warrant to the injured employee along
1105	1105	16 with a receipt to be executed by the injured employee and
1106	1106	17 returned to the Commission. The endorsed warrant and receipt
1107	1107	18 is a full and complete acquittance to the Commission for the
1108	1108	19 payment out of the Second Injury Fund. No other appropriation
1109	1109	20 or warrant is necessary for payment out of the Second Injury
1110	1110	21 Fund. The Second Injury Fund is appropriated for the purpose
1111	1111	22 of making payments according to the terms of the awards.
1112	1112	23 As of July 1, 1980 to July 1, 1982, all claims against and
1113	1113	24 obligations of the Second Injury Fund shall become claims
1114	1114	25 against and obligations of the Rate Adjustment Fund to the
1115	1115	26 extent there is insufficient money in the Second Injury Fund
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	SB0154 - 30 - LRB103 24919 SPS 51253 b
1122	1122
1123	1123
1124	1124	SB0154- 31 -LRB103 24919 SPS 51253 b SB0154 - 31 - LRB103 24919 SPS 51253 b
1125	1125	SB0154 - 31 - LRB103 24919 SPS 51253 b
1126	1126	1 to pay such claims and obligations. In that case, all
1127	1127	2 references to "Second Injury Fund" in this Section shall also
1128	1128	3 include the Rate Adjustment Fund.
1129	1129	4 (g) Every award for permanent total disability entered by
1130	1130	5 the Commission on and after July 1, 1965 under which
1131	1131	6 compensation payments shall become due and payable after the
1132	1132	7 effective date of this amendatory Act, and every award for
1133	1133	8 death benefits or permanent total disability entered by the
1134	1134	9 Commission on and after the effective date of this amendatory
1135	1135	10 Act shall be subject to annual adjustments as to the amount of
1136	1136	11 the compensation rate therein provided. Such adjustments shall
1137	1137	12 first be made on July 15, 1977, and all awards made and entered
1138	1138	13 prior to July 1, 1975 and on July 15 of each year thereafter.
1139	1139	14 In all other cases such adjustment shall be made on July 15 of
1140	1140	15 the second year next following the date of the entry of the
1141	1141	16 award and shall further be made on July 15 annually
1142	1142	17 thereafter. If during the intervening period from the date of
1143	1143	18 the entry of the award, or the last periodic adjustment, there
1144	1144	19 shall have been an increase in the State's average weekly wage
1145	1145	20 in covered industries under the Unemployment Insurance Act,
1146	1146	21 the weekly compensation rate shall be proportionately
1147	1147	22 increased by the same percentage as the percentage of increase
1148	1148	23 in the State's average weekly wage in covered industries under
1149	1149	24 the Unemployment Insurance Act. The increase in the
1150	1150	25 compensation rate under this paragraph shall in no event bring
1151	1151	26 the total compensation rate to an amount greater than the
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157	SB0154 - 31 - LRB103 24919 SPS 51253 b
1158	1158
1159	1159
1160	1160	SB0154- 32 -LRB103 24919 SPS 51253 b SB0154 - 32 - LRB103 24919 SPS 51253 b
1161	1161	SB0154 - 32 - LRB103 24919 SPS 51253 b
1162	1162	1 prevailing maximum rate at the time that the annual adjustment
1163	1163	2 is made. Such increase shall be paid in the same manner as
1164	1164	3 herein provided for payments under the Second Injury Fund to
1165	1165	4 the injured employee, or his dependents, as the case may be,
1166	1166	5 out of the Rate Adjustment Fund provided in paragraph (f) of
1167	1167	6 Section 7 of this Act. Payments shall be made at the same
1168	1168	7 intervals as provided in the award or, at the option of the
1169	1169	8 Commission, may be made in quarterly payment on the 15th day of
1170	1170	9 January, April, July and October of each year. In the event of
1171	1171	10 a decrease in such average weekly wage there shall be no change
1172	1172	11 in the then existing compensation rate. The within paragraph
1173	1173	12 shall not apply to cases where there is disputed liability and
1174	1174	13 in which a compromise lump sum settlement between the employer
1175	1175	14 and the injured employee, or his dependents, as the case may
1176	1176	15 be, has been duly approved by the Illinois Workers'
1177	1177	16 Compensation Commission.
1178	1178	17 Provided, that in cases of awards entered by the
1179	1179	18 Commission for injuries occurring before July 1, 1975, the
1180	1180	19 increases in the compensation rate adjusted under the
1181	1181	20 foregoing provision of this paragraph (g) shall be limited to
1182	1182	21 increases in the State's average weekly wage in covered
1183	1183	22 industries under the Unemployment Insurance Act occurring
1184	1184	23 after July 1, 1975.
1185	1185	24 For every accident occurring on or after July 20, 2005 but
1186	1186	25 before the effective date of this amendatory Act of the 94th
1187	1187	26 General Assembly (Senate Bill 1283 of the 94th General
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193	SB0154 - 32 - LRB103 24919 SPS 51253 b
1194	1194
1195	1195
1196	1196	SB0154- 33 -LRB103 24919 SPS 51253 b SB0154 - 33 - LRB103 24919 SPS 51253 b
1197	1197	SB0154 - 33 - LRB103 24919 SPS 51253 b
1198	1198	1 Assembly), the annual adjustments to the compensation rate in
1199	1199	2 awards for death benefits or permanent total disability, as
1200	1200	3 provided in this Act, shall be paid by the employer. The
1201	1201	4 adjustment shall be made by the employer on July 15 of the
1202	1202	5 second year next following the date of the entry of the award
1203	1203	6 and shall further be made on July 15 annually thereafter. If
1204	1204	7 during the intervening period from the date of the entry of the
1205	1205	8 award, or the last periodic adjustment, there shall have been
1206	1206	9 an increase in the State's average weekly wage in covered
1207	1207	10 industries under the Unemployment Insurance Act, the employer
1208	1208	11 shall increase the weekly compensation rate proportionately by
1209	1209	12 the same percentage as the percentage of increase in the
1210	1210	13 State's average weekly wage in covered industries under the
1211	1211	14 Unemployment Insurance Act. The increase in the compensation
1212	1212	15 rate under this paragraph shall in no event bring the total
1213	1213	16 compensation rate to an amount greater than the prevailing
1214	1214	17 maximum rate at the time that the annual adjustment is made. In
1215	1215	18 the event of a decrease in such average weekly wage there shall
1216	1216	19 be no change in the then existing compensation rate. Such
1217	1217	20 increase shall be paid by the employer in the same manner and
1218	1218	21 at the same intervals as the payment of compensation in the
1219	1219	22 award. This paragraph shall not apply to cases where there is
1220	1220	23 disputed liability and in which a compromise lump sum
1221	1221	24 settlement between the employer and the injured employee, or
1222	1222	25 his or her dependents, as the case may be, has been duly
1223	1223	26 approved by the Illinois Workers' Compensation Commission.
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	SB0154 - 33 - LRB103 24919 SPS 51253 b
1230	1230
1231	1231
1232	1232	SB0154- 34 -LRB103 24919 SPS 51253 b SB0154 - 34 - LRB103 24919 SPS 51253 b
1233	1233	SB0154 - 34 - LRB103 24919 SPS 51253 b
1234	1234	1 The annual adjustments for every award of death benefits
1235	1235	2 or permanent total disability involving accidents occurring
1236	1236	3 before July 20, 2005 and accidents occurring on or after the
1237	1237	4 effective date of this amendatory Act of the 94th General
1238	1238	5 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
1239	1239	6 continue to be paid from the Rate Adjustment Fund pursuant to
1240	1240	7 this paragraph and Section 7(f) of this Act.
1241	1241	8 (h) In case death occurs from any cause before the total
1242	1242	9 compensation to which the employee would have been entitled
1243	1243	10 has been paid, then in case the employee leaves any widow,
1244	1244	11 widower, child, parent (or any grandchild, grandparent or
1245	1245	12 other lineal heir or any collateral heir dependent at the time
1246	1246	13 of the accident upon the earnings of the employee to the extent
1247	1247	14 of 50% or more of total dependency) such compensation shall be
1248	1248	15 paid to the beneficiaries of the deceased employee and
1249	1249	16 distributed as provided in paragraph (g) of Section 7.
1250	1250	17 (h-1) In case an injured employee is under legal
1251	1251	18 disability at the time when any right or privilege accrues to
1252	1252	19 him or her under this Act, a guardian may be appointed pursuant
1253	1253	20 to law, and may, on behalf of such person under legal
1254	1254	21 disability, claim and exercise any such right or privilege
1255	1255	22 with the same effect as if the employee himself or herself had
1256	1256	23 claimed or exercised the right or privilege. No limitations of
1257	1257	24 time provided by this Act run so long as the employee who is
1258	1258	25 under legal disability is without a conservator or guardian.
1259	1259	26 (i) In case the injured employee is under 16 years of age
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	SB0154 - 34 - LRB103 24919 SPS 51253 b
1266	1266
1267	1267
1268	1268	SB0154- 35 -LRB103 24919 SPS 51253 b SB0154 - 35 - LRB103 24919 SPS 51253 b
1269	1269	SB0154 - 35 - LRB103 24919 SPS 51253 b
1270	1270	1 at the time of the accident and is illegally employed, the
1271	1271	2 amount of compensation payable under paragraphs (b), (c), (d),
1272	1272	3 (e) and (f) of this Section is increased 50%.
1273	1273	4 However, where an employer has on file an employment
1274	1274	5 certificate issued pursuant to the Child Labor Law or work
1275	1275	6 permit issued pursuant to the Federal Fair Labor Standards
1276	1276	7 Act, as amended, or a birth certificate properly and duly
1277	1277	8 issued, such certificate, permit or birth certificate is
1278	1278	9 conclusive evidence as to the age of the injured minor
1279	1279	10 employee for the purposes of this Section.
1280	1280	11 Nothing herein contained repeals or amends the provisions
1281	1281	12 of the Child Labor Law relating to the employment of minors
1282	1282	13 under the age of 16 years.
1283	1283	14 (j) 1. In the event the injured employee receives
1284	1284	15 benefits, including medical, surgical or hospital benefits
1285	1285	16 under any group plan covering non-occupational disabilities
1286	1286	17 contributed to wholly or partially by the employer, which
1287	1287	18 benefits should not have been payable if any rights of
1288	1288	19 recovery existed under this Act, then such amounts so paid to
1289	1289	20 the employee from any such group plan as shall be consistent
1290	1290	21 with, and limited to, the provisions of paragraph 2 hereof,
1291	1291	22 shall be credited to or against any compensation payment for
1292	1292	23 temporary total incapacity for work or any medical, surgical
1293	1293	24 or hospital benefits made or to be made under this Act. In such
1294	1294	25 event, the period of time for giving notice of accidental
1295	1295	26 injury and filing application for adjustment of claim does not
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	SB0154 - 35 - LRB103 24919 SPS 51253 b
1302	1302
1303	1303
1304	1304	SB0154- 36 -LRB103 24919 SPS 51253 b SB0154 - 36 - LRB103 24919 SPS 51253 b
1305	1305	SB0154 - 36 - LRB103 24919 SPS 51253 b
1306	1306	1 commence to run until the termination of such payments. This
1307	1307	2 paragraph does not apply to payments made under any group plan
1308	1308	3 which would have been payable irrespective of an accidental
1309	1309	4 injury under this Act. Any employer receiving such credit
1310	1310	5 shall keep such employee safe and harmless from any and all
1311	1311	6 claims or liabilities that may be made against him by reason of
1312	1312	7 having received such payments only to the extent of such
1313	1313	8 credit.
1314	1314	9 Any excess benefits paid to or on behalf of a State
1315	1315	10 employee by the State Employees' Retirement System under
1316	1316	11 Article 14 of the Illinois Pension Code on a death claim or
1317	1317	12 disputed disability claim shall be credited against any
1318	1318	13 payments made or to be made by the State of Illinois to or on
1319	1319	14 behalf of such employee under this Act, except for payments
1320	1320	15 for medical expenses which have already been incurred at the
1321	1321	16 time of the award. The State of Illinois shall directly
1322	1322	17 reimburse the State Employees' Retirement System to the extent
1323	1323	18 of such credit.
1324	1324	19 2. Nothing contained in this Act shall be construed to
1325	1325	20 give the employer or the insurance carrier the right to credit
1326	1326	21 for any benefits or payments received by the employee other
1327	1327	22 than compensation payments provided by this Act, and where the
1328	1328	23 employee receives payments other than compensation payments,
1329	1329	24 whether as full or partial salary, group insurance benefits,
1330	1330	25 bonuses, annuities or any other payments, the employer or
1331	1331	26 insurance carrier shall receive credit for each such payment
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	SB0154 - 36 - LRB103 24919 SPS 51253 b
1338	1338
1339	1339
1340	1340	SB0154- 37 -LRB103 24919 SPS 51253 b SB0154 - 37 - LRB103 24919 SPS 51253 b
1341	1341	SB0154 - 37 - LRB103 24919 SPS 51253 b
1342	1342	1 only to the extent of the compensation that would have been
1343	1343	2 payable during the period covered by such payment.
1344	1344	3 3. The extension of time for the filing of an Application
1345	1345	4 for Adjustment of Claim as provided in paragraph 1 above shall
1346	1346	5 not apply to those cases where the time for such filing had
1347	1347	6 expired prior to the date on which payments or benefits
1348	1348	7 enumerated herein have been initiated or resumed. Provided
1349	1349	8 however that this paragraph 3 shall apply only to cases
1350	1350	9 wherein the payments or benefits hereinabove enumerated shall
1351	1351	10 be received after July 1, 1969.
1352	1352	11 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1353	1353	12 97-813, eff. 7-13-12.)
1354	1354	13 Section 99. Effective date. This Act takes effect upon
1355	1355	14 becoming law.
1356	1356
1357	1357
1358	1358
1359	1359
1360	1360
1361	1361	SB0154 - 37 - LRB103 24919 SPS 51253 b