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Illinois Senate Bill SB1996

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1996 Compare Versions

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1-Public Act 103-0590
21 SB1996 EnrolledLRB103 28652 SPS 55033 b SB1996 Enrolled LRB103 28652 SPS 55033 b
32 SB1996 Enrolled LRB103 28652 SPS 55033 b
4-AN ACT concerning employment.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Insurance Code is amended by
8-changing Section 416 as follows:
9-(215 ILCS 5/416)
10-Sec. 416. Illinois Workers' Compensation Commission
11-Operations Fund Surcharge.
12-(a) As of July 30, 2004 (the effective date of Public Act
13-93-840), every company licensed or authorized by the Illinois
14-Department of Insurance and insuring employers' liabilities
15-arising under the Workers' Compensation Act or the Workers'
16-Occupational Diseases Act shall remit to the Director a
17-surcharge based upon the annual direct written premium, as
18-reported under Section 136 of this Act, of the company in the
19-manner provided in this Section. Such proceeds shall be
20-deposited into the Illinois Workers' Compensation Commission
21-Operations Fund as established in the Workers' Compensation
22-Act. If a company survives or was formed by a merger,
23-consolidation, reorganization, or reincorporation, the direct
24-written premiums of all companies party to the merger,
25-consolidation, reorganization, or reincorporation shall, for
26-purposes of determining the amount of the fee imposed by this
3+1 AN ACT concerning employment.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Insurance Code is amended by
7+5 changing Section 416 as follows:
8+6 (215 ILCS 5/416)
9+7 Sec. 416. Illinois Workers' Compensation Commission
10+8 Operations Fund Surcharge.
11+9 (a) As of July 30, 2004 (the effective date of Public Act
12+10 93-840), every company licensed or authorized by the Illinois
13+11 Department of Insurance and insuring employers' liabilities
14+12 arising under the Workers' Compensation Act or the Workers'
15+13 Occupational Diseases Act shall remit to the Director a
16+14 surcharge based upon the annual direct written premium, as
17+15 reported under Section 136 of this Act, of the company in the
18+16 manner provided in this Section. Such proceeds shall be
19+17 deposited into the Illinois Workers' Compensation Commission
20+18 Operations Fund as established in the Workers' Compensation
21+19 Act. If a company survives or was formed by a merger,
22+20 consolidation, reorganization, or reincorporation, the direct
23+21 written premiums of all companies party to the merger,
24+22 consolidation, reorganization, or reincorporation shall, for
25+23 purposes of determining the amount of the fee imposed by this
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33-Section, be regarded as those of the surviving or new company.
34-(b) Beginning (1) Except as provided in subsection (b)(2)
35-of this Section, beginning on July 30, 2004 (the effective
36-date of Public Act 93-840) and on July 1 of each year
37-thereafter through 2023, the Director shall charge an annual
38-Illinois Workers' Compensation Commission Operations Fund
39-Surcharge from every company subject to subsection (a) of this
40-Section equal to 1.01% of its direct written premium for
41-insuring employers' liabilities arising under the Workers'
42-Compensation Act or Workers' Occupational Diseases Act as
43-reported in each company's annual statement filed for the
44-previous year as required by Section 136. Within 15 days after
45-the effective date of this amendatory Act of the 103rd General
46-Assembly and on July 1 of each year thereafter, the Director
47-shall charge an annual Illinois Workers' Compensation
48-Commission Operations Fund Surcharge from every company
49-subject to subsection (a) of this Section equal to 1.092% of
50-its direct written premium for insuring employers' liabilities
51-arising under the Workers' Compensation Act or Workers'
52-Occupational Diseases Act as reported in each company's annual
53-statement filed for the previous year as required by Section
54-136. The Illinois Workers' Compensation Commission Operations
55-Fund Surcharge shall be collected by companies subject to
56-subsection (a) of this Section as a separately stated
57-surcharge on insured employers at the rate of 1.092% 1.01% of
58-direct written premium for the surcharge due in 2024 and each
59-
60-
61-year thereafter. The Illinois Workers' Compensation Commission
62-Operations Fund Surcharge shall not be collected by companies
63-subject to subsection (a) of this Section from any employer
64-that self-insures its liabilities arising under the Workers'
65-Compensation Act or Workers' Occupational Diseases Act,
66-provided that the employer has paid the Illinois Workers'
67-Compensation Commission Operations Fund Fee pursuant to
68-Section 4d of the Workers' Compensation Act. All sums
69-collected by the Department of Insurance under the provisions
70-of this Section shall be paid promptly after the receipt of the
71-same, accompanied by a detailed statement thereof, into the
72-Illinois Workers' Compensation Commission Operations Fund in
73-the State treasury.
74-(b)(2) (Blank). The surcharge due pursuant to Public Act
75-93-840 shall be collected instead of the surcharge due on July
76-1, 2004 under Public Act 93-32. Payment of the surcharge due
77-under Public Act 93-840 shall discharge the employer's
78-obligations due on July 1, 2004.
79-(c) In addition to the authority specifically granted
80-under Article XXV of this Code, the Director shall have such
81-authority to adopt rules or establish forms as may be
82-reasonably necessary for purposes of enforcing this Section.
83-The Director shall also have authority to defer, waive, or
84-abate the surcharge or any penalties imposed by this Section
85-if in the Director's opinion the company's solvency and
86-ability to meet its insured obligations would be immediately
87-
88-
89-threatened by payment of the surcharge due.
90-(d) When a company fails to pay the full amount of any
91-annual Illinois Workers' Compensation Commission Operations
92-Fund Surcharge of $100 or more due under this Section, there
93-shall be added to the amount due as a penalty an amount equal
94-to 10% of the deficiency for each month or part of a month that
95-the deficiency remains unpaid.
96-(e) The Department of Insurance may enforce the collection
97-of any delinquent payment, penalty, or portion thereof by
98-legal action or in any other manner by which the collection of
99-debts due the State of Illinois may be enforced under the laws
100-of this State.
101-(f) Whenever it appears to the satisfaction of the
102-Director that a company has paid pursuant to this Act an
103-Illinois Workers' Compensation Commission Operations Fund
104-Surcharge in an amount in excess of the amount legally
105-collectable from the company, the Director shall issue a
106-credit memorandum for an amount equal to the amount of such
107-overpayment. A credit memorandum may be applied for the 2-year
108-period from the date of issuance, against the payment of any
109-amount due during that period under the surcharge imposed by
110-this Section or, subject to reasonable rule of the Department
111-of Insurance including requirement of notification, may be
112-assigned to any other company subject to regulation under this
113-Act. Any application of credit memoranda after the period
114-provided for in this Section is void.
115-
116-
117-(g) Annually, the Governor may direct a transfer of up to
118-2% of all moneys collected under this Section to the Insurance
119-Financial Regulation Fund.
120-(Source: P.A. 102-775, eff. 5-13-22.)
121-Section 10. The Workers' Compensation Act is amended by
122-changing Sections 4, 4a-5, 4d, 7, 19, and 25.5 as follows:
123-(820 ILCS 305/4) (from Ch. 48, par. 138.4)
124-(Text of Section from P.A. 101-40 and 102-37)
125-Sec. 4. (a) Any employer, including but not limited to
126-general contractors and their subcontractors, who shall come
127-within the provisions of Section 3 of this Act, and any other
128-employer who shall elect to provide and pay the compensation
129-provided for in this Act shall:
130-(1) File with the Commission annually an application
131-for approval as a self-insurer which shall include a
132-current financial statement, and annually, thereafter, an
133-application for renewal of self-insurance, which shall
134-include a current financial statement. Said application
135-and financial statement shall be signed and sworn to by
136-the president or vice president and secretary or assistant
137-secretary of the employer if it be a corporation, or by all
138-of the partners, if it be a copartnership, or by the owner
139-if it be neither a copartnership nor a corporation. All
140-initial applications and all applications for renewal of
141-
142-
143-self-insurance must be submitted at least 60 days prior to
144-the requested effective date of self-insurance. An
145-employer may elect to provide and pay compensation as
146-provided for in this Act as a member of a group workers'
147-compensation pool under Article V 3/4 of the Illinois
148-Insurance Code. If an employer becomes a member of a group
149-workers' compensation pool, the employer shall not be
150-relieved of any obligations imposed by this Act.
151-If the sworn application and financial statement of
152-any such employer does not satisfy the Commission of the
153-financial ability of the employer who has filed it, the
154-Commission shall require such employer to,
155-(2) Furnish security, indemnity or a bond guaranteeing
156-the payment by the employer of the compensation provided
157-for in this Act, provided that any such employer whose
158-application and financial statement shall not have
159-satisfied the commission of his or her financial ability
160-and who shall have secured his liability in part by excess
161-liability insurance shall be required to furnish to the
162-Commission security, indemnity or bond guaranteeing his or
163-her payment up to the effective limits of the excess
164-coverage, or
165-(3) Insure his entire liability to pay such
166-compensation in some insurance carrier authorized,
167-licensed, or permitted to do such insurance business in
168-this State. Every policy of an insurance carrier, insuring
169-
170-
171-the payment of compensation under this Act shall cover all
172-the employees and the entire compensation liability of the
173-insured: Provided, however, that any employer may insure
174-his or her compensation liability with 2 or more insurance
175-carriers or may insure a part and qualify under subsection
176-1, 2, or 4 for the remainder of his or her liability to pay
177-such compensation, subject to the following two
178-provisions:
179-Firstly, the entire compensation liability of the
180-employer to employees working at or from one location
181-shall be insured in one such insurance carrier or
182-shall be self-insured, and
183-Secondly, the employer shall submit evidence
184-satisfactorily to the Commission that his or her
185-entire liability for the compensation provided for in
186-this Act will be secured. Any provisions in any
187-policy, or in any endorsement attached thereto,
188-attempting to limit or modify in any way, the
189-liability of the insurance carriers issuing the same
190-except as otherwise provided herein shall be wholly
191-void.
192-Nothing herein contained shall apply to policies of
193-excess liability carriage secured by employers who have
194-been approved by the Commission as self-insurers, or
195-(4) Make some other provision, satisfactory to the
196-Commission, for the securing of the payment of
197-
198-
199-compensation provided for in this Act, and
200-(5) Upon becoming subject to this Act and thereafter
201-as often as the Commission may in writing demand, file
202-with the Commission in form prescribed by it evidence of
203-his or her compliance with the provision of this Section.
204-(a-1) Regardless of its state of domicile or its principal
205-place of business, an employer shall make payments to its
206-insurance carrier or group self-insurance fund, where
207-applicable, based upon the premium rates of the situs where
208-the work or project is located in Illinois if:
209-(A) the employer is engaged primarily in the building
210-and construction industry; and
211-(B) subdivision (a)(3) of this Section applies to the
212-employer or the employer is a member of a group
213-self-insurance plan as defined in subsection (1) of
214-Section 4a.
215-The Illinois Workers' Compensation Commission shall impose
216-a penalty upon an employer for violation of this subsection
217-(a-1) if:
218-(i) the employer is given an opportunity at a hearing
219-to present evidence of its compliance with this subsection
220-(a-1); and
221-(ii) after the hearing, the Commission finds that the
222-employer failed to make payments upon the premium rates of
223-the situs where the work or project is located in
224-Illinois.
225-
226-
227-The penalty shall not exceed $1,000 for each day of work
228-for which the employer failed to make payments upon the
229-premium rates of the situs where the work or project is located
230-in Illinois, but the total penalty shall not exceed $50,000
231-for each project or each contract under which the work was
232-performed.
233-Any penalty under this subsection (a-1) must be imposed
234-not later than one year after the expiration of the applicable
235-limitation period specified in subsection (d) of Section 6 of
236-this Act. Penalties imposed under this subsection (a-1) shall
237-be deposited into the Illinois Workers' Compensation
238-Commission Operations Fund, a special fund that is created in
239-the State treasury. Subject to appropriation, moneys in the
240-Fund shall be used solely for the operations of the Illinois
241-Workers' Compensation Commission, the salaries and benefits of
242-the Self-Insurers Advisory Board employees, the operating
243-costs of the Self-Insurers Advisory Board, and by the
244-Department of Insurance for the purposes authorized in
245-subsection (c) of Section 25.5 of this Act.
246-(a-2) Every Employee Leasing Company (ELC), as defined in
247-Section 15 of the Employee Leasing Company Act, shall at a
248-minimum provide the following information to the Commission or
249-any entity designated by the Commission regarding each
250-workers' compensation insurance policy issued to the ELC:
251-(1) Any client company of the ELC listed as an
252-additional named insured.
253-
254-
255-(2) Any informational schedule attached to the master
256-policy that identifies any individual client company's
257-name, FEIN, and job location.
258-(3) Any certificate of insurance coverage document
259-issued to a client company specifying its rights and
260-obligations under the master policy that establishes both
261-the identity and status of the client, as well as the dates
262-of inception and termination of coverage, if applicable.
263-(b) The sworn application and financial statement, or
264-security, indemnity or bond, or amount of insurance, or other
265-provisions, filed, furnished, carried, or made by the
266-employer, as the case may be, shall be subject to the approval
267-of the Commission.
268-Deposits under escrow agreements shall be cash, negotiable
269-United States government bonds or negotiable general
270-obligation bonds of the State of Illinois. Such cash or bonds
271-shall be deposited in escrow with any State or National Bank or
272-Trust Company having trust authority in the State of Illinois.
273-Upon the approval of the sworn application and financial
274-statement, security, indemnity or bond or amount of insurance,
275-filed, furnished or carried, as the case may be, the
276-Commission shall send to the employer written notice of its
277-approval thereof. The certificate of compliance by the
278-employer with the provisions of subparagraphs (2) and (3) of
279-paragraph (a) of this Section shall be delivered by the
280-insurance carrier to the Illinois Workers' Compensation
281-
282-
283-Commission within five days after the effective date of the
284-policy so certified. The insurance so certified shall cover
285-all compensation liability occurring during the time that the
286-insurance is in effect and no further certificate need be
287-filed in case such insurance is renewed, extended or otherwise
288-continued by such carrier. The insurance so certified shall
289-not be cancelled or in the event that such insurance is not
290-renewed, extended or otherwise continued, such insurance shall
291-not be terminated until at least 10 days after receipt by the
292-Illinois Workers' Compensation Commission of notice of the
293-cancellation or termination of said insurance; provided,
294-however, that if the employer has secured insurance from
295-another insurance carrier, or has otherwise secured the
296-payment of compensation in accordance with this Section, and
297-such insurance or other security becomes effective prior to
298-the expiration of the 10 days, cancellation or termination
299-may, at the option of the insurance carrier indicated in such
300-notice, be effective as of the effective date of such other
301-insurance or security.
302-(c) Whenever the Commission shall find that any
303-corporation, company, association, aggregation of individuals,
304-reciprocal or interinsurers exchange, or other insurer
305-effecting workers' compensation insurance in this State shall
306-be insolvent, financially unsound, or unable to fully meet all
307-payments and liabilities assumed or to be assumed for
308-compensation insurance in this State, or shall practice a
309-
310-
311-policy of delay or unfairness toward employees in the
312-adjustment, settlement, or payment of benefits due such
313-employees, the Commission may after reasonable notice and
314-hearing order and direct that such corporation, company,
315-association, aggregation of individuals, reciprocal or
316-interinsurers exchange, or insurer, shall from and after a
317-date fixed in such order discontinue the writing of any such
318-workers' compensation insurance in this State. Subject to such
319-modification of the order as the Commission may later make on
320-review of the order, as herein provided, it shall thereupon be
321-unlawful for any such corporation, company, association,
322-aggregation of individuals, reciprocal or interinsurers
323-exchange, or insurer to effect any workers' compensation
324-insurance in this State. A copy of the order shall be served
325-upon the Director of Insurance by registered mail. Whenever
326-the Commission finds that any service or adjustment company
327-used or employed by a self-insured employer or by an insurance
328-carrier to process, adjust, investigate, compromise or
329-otherwise handle claims under this Act, has practiced or is
330-practicing a policy of delay or unfairness toward employees in
331-the adjustment, settlement or payment of benefits due such
332-employees, the Commission may after reasonable notice and
333-hearing order and direct that such service or adjustment
334-company shall from and after a date fixed in such order be
335-prohibited from processing, adjusting, investigating,
336-compromising or otherwise handling claims under this Act.
337-
338-
339-Whenever the Commission finds that any self-insured
340-employer has practiced or is practicing delay or unfairness
341-toward employees in the adjustment, settlement or payment of
342-benefits due such employees, the Commission may, after
343-reasonable notice and hearing, order and direct that after a
344-date fixed in the order such self-insured employer shall be
345-disqualified to operate as a self-insurer and shall be
346-required to insure his entire liability to pay compensation in
347-some insurance carrier authorized, licensed and permitted to
348-do such insurance business in this State, as provided in
349-subparagraph 3 of paragraph (a) of this Section.
350-All orders made by the Commission under this Section shall
351-be subject to review by the courts, said review to be taken in
352-the same manner and within the same time as provided by Section
353-19 of this Act for review of awards and decisions of the
354-Commission, upon the party seeking the review filing with the
355-clerk of the court to which said review is taken a bond in an
356-amount to be fixed and approved by the court to which the
357-review is taken, conditioned upon the payment of all
358-compensation awarded against the person taking said review
359-pending a decision thereof and further conditioned upon such
360-other obligations as the court may impose. Upon the review the
361-Circuit Court shall have power to review all questions of fact
362-as well as of law. The penalty hereinafter provided for in this
363-paragraph shall not attach and shall not begin to run until the
364-final determination of the order of the Commission.
365-
366-
367-(d) Whenever a Commissioner, with due process and after a
368-hearing, determines an employer has knowingly failed to
369-provide coverage as required by paragraph (a) of this Section,
370-the failure shall be deemed an immediate serious danger to
371-public health, safety, and welfare sufficient to justify
372-service by the Commission of a work-stop order on such
373-employer, requiring the cessation of all business operations
374-of such employer at the place of employment or job site. If a
375-business is declared to be extra hazardous, as defined in
376-Section 3, a Commissioner may issue an emergency work-stop
377-order on such an employer ex parte, prior to holding a hearing,
378-requiring the cessation of all business operations of such
379-employer at the place of employment or job site while awaiting
380-the ruling of the Commission. Whenever a Commissioner issues
381-an emergency work-stop order, the Commission shall issue a
382-notice of emergency work-stop hearing to be posted at the
383-employer's places of employment and job sites. Any law
384-enforcement agency in the State shall, at the request of the
385-Commission, render any assistance necessary to carry out the
386-provisions of this Section, including, but not limited to,
387-preventing any employee of such employer from remaining at a
388-place of employment or job site after a work-stop order has
389-taken effect. Any work-stop order shall be lifted upon proof
390-of insurance as required by this Act. Any orders under this
391-Section are appealable under Section 19(f) to the Circuit
392-Court.
393-
394-
395-Any individual employer, corporate officer or director of
396-a corporate employer, partner of an employer partnership, or
397-member of an employer limited liability company who knowingly
398-fails to provide coverage as required by paragraph (a) of this
399-Section is guilty of a Class 4 felony. This provision shall not
400-apply to any corporate officer or director of any
401-publicly-owned corporation. Each day's violation constitutes a
402-separate offense. The State's Attorney of the county in which
403-the violation occurred, or the Attorney General, shall bring
404-such actions in the name of the People of the State of
405-Illinois, or may, in addition to other remedies provided in
406-this Section, bring an action for an injunction to restrain
407-the violation or to enjoin the operation of any such employer.
408-Any individual employer, corporate officer or director of
409-a corporate employer, partner of an employer partnership, or
410-member of an employer limited liability company who
411-negligently fails to provide coverage as required by paragraph
412-(a) of this Section is guilty of a Class A misdemeanor. This
413-provision shall not apply to any corporate officer or director
414-of any publicly-owned corporation. Each day's violation
415-constitutes a separate offense. The State's Attorney of the
416-county in which the violation occurred, or the Attorney
417-General, shall bring such actions in the name of the People of
418-the State of Illinois.
419-The criminal penalties in this subsection (d) shall not
420-apply where there exists a good faith dispute as to the
421-
422-
423-existence of an employment relationship. Evidence of good
424-faith shall include, but not be limited to, compliance with
425-the definition of employee as used by the Internal Revenue
426-Service.
427-All investigative actions must be acted upon within 90
428-days of the issuance of the complaint. Employers who are
429-subject to and who knowingly fail to comply with this Section
430-shall not be entitled to the benefits of this Act during the
431-period of noncompliance, but shall be liable in an action
432-under any other applicable law of this State. In the action,
433-such employer shall not avail himself or herself of the
434-defenses of assumption of risk or negligence or that the
435-injury was due to a co-employee. In the action, proof of the
436-injury shall constitute prima facie evidence of negligence on
437-the part of such employer and the burden shall be on such
438-employer to show freedom of negligence resulting in the
439-injury. The employer shall not join any other defendant in any
440-such civil action. Nothing in this amendatory Act of the 94th
441-General Assembly shall affect the employee's rights under
442-subdivision (a)3 of Section 1 of this Act. Any employer or
443-carrier who makes payments under subdivision (a)3 of Section 1
444-of this Act shall have a right of reimbursement from the
445-proceeds of any recovery under this Section.
446-An employee of an uninsured employer, or the employee's
447-dependents in case death ensued, may, instead of proceeding
448-against the employer in a civil action in court, file an
449-
450-
451-application for adjustment of claim with the Commission in
452-accordance with the provisions of this Act and the Commission
453-shall hear and determine the application for adjustment of
454-claim in the manner in which other claims are heard and
455-determined before the Commission.
456-All proceedings under this subsection (d) shall be
457-reported on an annual basis to the Workers' Compensation
458-Advisory Board.
459-An investigator with the Department of Insurance may issue
460-a citation to any employer that is not in compliance with its
461-obligation to have workers' compensation insurance under this
462-Act. The amount of the fine shall be based on the period of
463-time the employer was in non-compliance, but shall be no less
464-than $500, and shall not exceed $10,000. An employer that has
465-been issued a citation shall pay the fine to the Department of
466-Insurance and provide to the Department of Insurance proof
467-that it obtained the required workers' compensation insurance
468-within 10 days after the citation was issued. This Section
469-does not affect any other obligations this Act imposes on
470-employers.
471-Upon a finding by the Commission, after reasonable notice
472-and hearing, of the knowing and willful failure or refusal of
473-an employer to comply with any of the provisions of paragraph
474-(a) of this Section, the failure or refusal of an employer,
475-service or adjustment company, or an insurance carrier to
476-comply with any order of the Illinois Workers' Compensation
477-
478-
479-Commission pursuant to paragraph (c) of this Section
480-disqualifying him or her to operate as a self insurer and
481-requiring him or her to insure his or her liability, or the
482-knowing and willful failure of an employer to comply with a
483-citation issued by an investigator with the Department of
484-Insurance, the Commission may assess a civil penalty of up to
485-$500 per day for each day of such failure or refusal after the
486-effective date of this amendatory Act of 1989. The minimum
487-penalty under this Section shall be the sum of $10,000. Each
488-day of such failure or refusal shall constitute a separate
489-offense. The Commission may assess the civil penalty
490-personally and individually against the corporate officers and
491-directors of a corporate employer, the partners of an employer
492-partnership, and the members of an employer limited liability
493-company, after a finding of a knowing and willful refusal or
494-failure of each such named corporate officer, director,
495-partner, or member to comply with this Section. The liability
496-for the assessed penalty shall be against the named employer
497-first, and if the named employer fails or refuses to pay the
498-penalty to the Commission within 30 days after the final order
499-of the Commission, then the named corporate officers,
500-directors, partners, or members who have been found to have
501-knowingly and willfully refused or failed to comply with this
502-Section shall be liable for the unpaid penalty or any unpaid
503-portion of the penalty. Upon investigation by the Department
504-of Insurance, the Attorney General shall have the authority to
505-
506-
507-prosecute all proceedings to enforce the civil and
508-administrative provisions of this Section before the
509-Commission. The Commission and the Department of Insurance
510-shall promulgate procedural rules for enforcing this Section
511-relating to their respective duties prescribed herein.
512-If an employer is found to be in non-compliance with any
513-provisions of paragraph (a) of this Section more than once,
514-all minimum penalties will double. Therefore, upon the failure
515-or refusal of an employer, service or adjustment company, or
516-insurance carrier to comply with any order of the Commission
517-pursuant to paragraph (c) of this Section disqualifying him or
518-her to operate as a self-insurer and requiring him or her to
519-insure his or her liability, or the knowing and willful
520-failure of an employer to comply with a citation issued by an
521-investigator with the Department of Insurance, the Commission
522-may assess a civil penalty of up to $1,000 per day for each day
523-of such failure or refusal after the effective date of this
524-amendatory Act of the 101st General Assembly. The minimum
525-penalty under this Section shall be the sum of $20,000. In
526-addition, employers with 2 or more violations of any
527-provisions of paragraph (a) of this Section may not
528-self-insure for one year or until all penalties are paid.
529-A Commission decision imposing penalties under this
530-Section may be judicially reviewed only as described in
531-Section 19(f). After expiration of the period for seeking
532-judicial review, the Commission's final decision imposing
533-
534-
535-penalties may be enforced in the same manner as a judgment
536-entered by a court of competent jurisdiction. The Commission's
537-final decision imposing penalties is a debt due and owing to
538-the State and can be enforced to the same extent as a judgment
539-entered by a circuit court. The Attorney General shall
540-represent the Commission and the Department of Insurance in
541-any action challenging the final decision in circuit court. If
542-the court affirms the Commission's decision, the court shall
543-enter judgment against the employer in the amount of the fines
544-assessed by the Commission. The Attorney General shall make
545-reasonable efforts to collect the amounts due under the
546-Commission's decision.
547-Upon the failure or refusal of any employer, service or
548-adjustment company or insurance carrier to comply with the
549-provisions of this Section and with the orders of the
550-Commission under this Section, or the order of the court on
551-review after final adjudication, the Commission may bring a
552-civil action to recover the amount of the penalty in Cook
553-County or in Sangamon County in which litigation the
554-Commission shall be represented by the Attorney General. The
555-Commission shall send notice of its finding of non-compliance
556-and assessment of the civil penalty to the Attorney General.
557-It shall be the duty of the Attorney General within 30 days
558-after receipt of the notice, to institute prosecutions and
559-promptly prosecute all reported violations of this Section.
560-Any individual employer, corporate officer or director of
561-
562-
563-a corporate employer, partner of an employer partnership, or
564-member of an employer limited liability company who, with the
565-intent to avoid payment of compensation under this Act to an
566-injured employee or the employee's dependents, knowingly
567-transfers, sells, encumbers, assigns, or in any manner
568-disposes of, conceals, secretes, or destroys any property
569-belonging to the employer, officer, director, partner, or
570-member is guilty of a Class 4 felony.
571-Penalties and fines collected pursuant to this paragraph
572-(d) shall be deposited upon receipt into a special fund which
573-shall be designated the Injured Workers' Benefit Fund, of
574-which the State Treasurer is ex-officio custodian, such
575-special fund to be held and disbursed in accordance with this
576-paragraph (d) for the purposes hereinafter stated in this
577-paragraph (d), upon the final order of the Commission. The
578-Injured Workers' Benefit Fund shall be deposited the same as
579-are State funds and any interest accruing thereon shall be
580-added thereto every 6 months. The Injured Workers' Benefit
581-Fund is subject to audit the same as State funds and accounts
582-and is protected by the general bond given by the State
583-Treasurer. The Injured Workers' Benefit Fund is considered
584-always appropriated for the purposes of disbursements as
585-provided in this paragraph, and shall be paid out and
586-disbursed as herein provided and shall not at any time be
587-appropriated or diverted to any other use or purpose. Moneys
588-in the Injured Workers' Benefit Fund shall be used only for
589-
590-
591-payment of workers' compensation benefits for injured
592-employees when the employer has failed to provide coverage as
593-determined under this paragraph (d) and has failed to pay the
594-benefits due to the injured employee. The employer shall
595-reimburse the Injured Workers' Benefit Fund for any amounts
596-paid to an employee on account of the compensation awarded by
597-the Commission. The Attorney General shall make reasonable
598-efforts to obtain reimbursement for the Injured Workers'
599-Benefit Fund.
600-The Commission shall have the right to obtain
601-reimbursement from the employer for compensation obligations
602-paid by the Injured Workers' Benefit Fund. Any such amounts
603-obtained shall be deposited by the Commission into the Injured
604-Workers' Benefit Fund. If an injured employee or his or her
605-personal representative receives payment from the Injured
606-Workers' Benefit Fund, the State of Illinois has the same
607-rights under paragraph (b) of Section 5 that the employer who
608-failed to pay the benefits due to the injured employee would
609-have had if the employer had paid those benefits, and any
610-moneys recovered by the State as a result of the State's
611-exercise of its rights under paragraph (b) of Section 5 shall
612-be deposited into the Injured Workers' Benefit Fund. The
613-custodian of the Injured Workers' Benefit Fund shall be joined
614-with the employer as a party respondent in the application for
615-adjustment of claim. After July 1, 2006, the Commission shall
616-make disbursements from the Fund once each year to each
617-
618-
619-eligible claimant. An eligible claimant is an injured worker
620-who has within the previous fiscal year obtained a final award
621-for benefits from the Commission against the employer and the
622-Injured Workers' Benefit Fund and has notified the Commission
623-within 90 days of receipt of such award. Within a reasonable
624-time after the end of each fiscal year, the Commission shall
625-make a disbursement to each eligible claimant. At the time of
626-disbursement, if there are insufficient moneys in the Fund to
627-pay all claims, each eligible claimant shall receive a
628-pro-rata share, as determined by the Commission, of the
629-available moneys in the Fund for that year. Payment from the
630-Injured Workers' Benefit Fund to an eligible claimant pursuant
631-to this provision shall discharge the obligations of the
632-Injured Workers' Benefit Fund regarding the award entered by
633-the Commission.
634-(e) This Act shall not affect or disturb the continuance
635-of any existing insurance, mutual aid, benefit, or relief
636-association or department, whether maintained in whole or in
637-part by the employer or whether maintained by the employees,
638-the payment of benefits of such association or department
639-being guaranteed by the employer or by some person, firm or
640-corporation for him or her: Provided, the employer contributes
641-to such association or department an amount not less than the
642-full compensation herein provided, exclusive of the cost of
643-the maintenance of such association or department and without
644-any expense to the employee. This Act shall not prevent the
645-
646-
647-organization and maintaining under the insurance laws of this
648-State of any benefit or insurance company for the purpose of
649-insuring against the compensation provided for in this Act,
650-the expense of which is maintained by the employer. This Act
651-shall not prevent the organization or maintaining under the
652-insurance laws of this State of any voluntary mutual aid,
653-benefit or relief association among employees for the payment
654-of additional accident or sick benefits.
655-(f) No existing insurance, mutual aid, benefit or relief
656-association or department shall, by reason of anything herein
657-contained, be authorized to discontinue its operation without
658-first discharging its obligations to any and all persons
659-carrying insurance in the same or entitled to relief or
660-benefits therein.
661-(g) Any contract, oral, written or implied, of employment
662-providing for relief benefit, or insurance or any other device
663-whereby the employee is required to pay any premium or
664-premiums for insurance against the compensation provided for
665-in this Act shall be null and void. Any employer withholding
666-from the wages of any employee any amount for the purpose of
667-paying any such premium shall be guilty of a Class B
668-misdemeanor.
669-In the event the employer does not pay the compensation
670-for which he or she is liable, then an insurance company,
671-association or insurer which may have insured such employer
672-against such liability shall become primarily liable to pay to
673-
674-
675-the employee, his or her personal representative or
676-beneficiary the compensation required by the provisions of
677-this Act to be paid by such employer. The insurance carrier may
678-be made a party to the proceedings in which the employer is a
679-party and an award may be entered jointly against the employer
680-and the insurance carrier.
681-(h) It shall be unlawful for any employer, insurance
682-company or service or adjustment company to interfere with,
683-restrain or coerce an employee in any manner whatsoever in the
684-exercise of the rights or remedies granted to him or her by
685-this Act or to discriminate, attempt to discriminate, or
686-threaten to discriminate against an employee in any way
687-because of his or her exercise of the rights or remedies
688-granted to him or her by this Act.
689-It shall be unlawful for any employer, individually or
690-through any insurance company or service or adjustment
691-company, to discharge or to threaten to discharge, or to
692-refuse to rehire or recall to active service in a suitable
693-capacity an employee because of the exercise of his or her
694-rights or remedies granted to him or her by this Act.
695-(i) If an employer elects to obtain a life insurance
696-policy on his employees, he may also elect to apply such
697-benefits in satisfaction of all or a portion of the death
698-benefits payable under this Act, in which case, the employer's
699-compensation premium shall be reduced accordingly.
700-(j) Within 45 days of receipt of an initial application or
701-
702-
703-application to renew self-insurance privileges the
704-Self-Insurers Advisory Board shall review and submit for
705-approval by the Chairman of the Commission recommendations of
706-disposition of all initial applications to self-insure and all
707-applications to renew self-insurance privileges filed by
708-private self-insurers pursuant to the provisions of this
709-Section and Section 4a-9 of this Act. Each private
710-self-insurer shall submit with its initial and renewal
711-applications the application fee required by Section 4a-4 of
712-this Act.
713-The Chairman of the Commission shall promptly act upon all
714-initial applications and applications for renewal in full
715-accordance with the recommendations of the Board or, should
716-the Chairman disagree with any recommendation of disposition
717-of the Self-Insurer's Advisory Board, he shall within 30 days
718-of receipt of such recommendation provide to the Board in
719-writing the reasons supporting his decision. The Chairman
720-shall also promptly notify the employer of his decision within
721-15 days of receipt of the recommendation of the Board.
722-If an employer is denied a renewal of self-insurance
723-privileges pursuant to application it shall retain said
724-privilege for 120 days after receipt of a notice of
725-cancellation of the privilege from the Chairman of the
726-Commission.
727-All orders made by the Chairman under this Section shall
728-be subject to review by the courts, such review to be taken in
729-
730-
731-the same manner and within the same time as provided by
732-subsection (f) of Section 19 of this Act for review of awards
733-and decisions of the Commission, upon the party seeking the
734-review filing with the clerk of the court to which such review
735-is taken a bond in an amount to be fixed and approved by the
736-court to which the review is taken, conditioned upon the
737-payment of all compensation awarded against the person taking
738-such review pending a decision thereof and further conditioned
739-upon such other obligations as the court may impose. Upon the
740-review the Circuit Court shall have power to review all
741-questions of fact as well as of law.
742-(Source: P.A. 101-40, eff. 1-1-20; 102-37, eff. 7-1-21.)
743-(Text of Section from P.A. 101-384 and 102-37)
744-Sec. 4. (a) Any employer, including but not limited to
745-general contractors and their subcontractors, who shall come
746-within the provisions of Section 3 of this Act, and any other
747-employer who shall elect to provide and pay the compensation
748-provided for in this Act shall:
749-(1) File with the Commission annually an application
750-for approval as a self-insurer which shall include a
751-current financial statement, and annually, thereafter, an
752-application for renewal of self-insurance, which shall
753-include a current financial statement. Said application
754-and financial statement shall be signed and sworn to by
755-the president or vice president and secretary or assistant
756-
757-
758-secretary of the employer if it be a corporation, or by all
759-of the partners, if it be a copartnership, or by the owner
760-if it be neither a copartnership nor a corporation. All
761-initial applications and all applications for renewal of
762-self-insurance must be submitted at least 60 days prior to
763-the requested effective date of self-insurance. An
764-employer may elect to provide and pay compensation as
765-provided for in this Act as a member of a group workers'
766-compensation pool under Article V 3/4 of the Illinois
767-Insurance Code. If an employer becomes a member of a group
768-workers' compensation pool, the employer shall not be
769-relieved of any obligations imposed by this Act.
770-If the sworn application and financial statement of
771-any such employer does not satisfy the Commission of the
772-financial ability of the employer who has filed it, the
773-Commission shall require such employer to,
774-(2) Furnish security, indemnity or a bond guaranteeing
775-the payment by the employer of the compensation provided
776-for in this Act, provided that any such employer whose
777-application and financial statement shall not have
778-satisfied the commission of his or her financial ability
779-and who shall have secured his liability in part by excess
780-liability insurance shall be required to furnish to the
781-Commission security, indemnity or bond guaranteeing his or
782-her payment up to the effective limits of the excess
783-coverage, or
784-
785-
786-(3) Insure his entire liability to pay such
787-compensation in some insurance carrier authorized,
788-licensed, or permitted to do such insurance business in
789-this State. Every policy of an insurance carrier, insuring
790-the payment of compensation under this Act shall cover all
791-the employees and the entire compensation liability of the
792-insured: Provided, however, that any employer may insure
793-his or her compensation liability with 2 or more insurance
794-carriers or may insure a part and qualify under subsection
795-1, 2, or 4 for the remainder of his or her liability to pay
796-such compensation, subject to the following two
797-provisions:
798-Firstly, the entire compensation liability of the
799-employer to employees working at or from one location
800-shall be insured in one such insurance carrier or
801-shall be self-insured, and
802-Secondly, the employer shall submit evidence
803-satisfactorily to the Commission that his or her
804-entire liability for the compensation provided for in
805-this Act will be secured. Any provisions in any
806-policy, or in any endorsement attached thereto,
807-attempting to limit or modify in any way, the
808-liability of the insurance carriers issuing the same
809-except as otherwise provided herein shall be wholly
810-void.
811-Nothing herein contained shall apply to policies of
812-
813-
814-excess liability carriage secured by employers who have
815-been approved by the Commission as self-insurers, or
816-(4) Make some other provision, satisfactory to the
817-Commission, for the securing of the payment of
818-compensation provided for in this Act, and
819-(5) Upon becoming subject to this Act and thereafter
820-as often as the Commission may in writing demand, file
821-with the Commission in form prescribed by it evidence of
822-his or her compliance with the provision of this Section.
823-(a-1) Regardless of its state of domicile or its principal
824-place of business, an employer shall make payments to its
825-insurance carrier or group self-insurance fund, where
826-applicable, based upon the premium rates of the situs where
827-the work or project is located in Illinois if:
828-(A) the employer is engaged primarily in the building
829-and construction industry; and
830-(B) subdivision (a)(3) of this Section applies to the
831-employer or the employer is a member of a group
832-self-insurance plan as defined in subsection (1) of
833-Section 4a.
834-The Illinois Workers' Compensation Commission shall impose
835-a penalty upon an employer for violation of this subsection
836-(a-1) if:
837-(i) the employer is given an opportunity at a hearing
838-to present evidence of its compliance with this subsection
839-(a-1); and
840-
841-
842-(ii) after the hearing, the Commission finds that the
843-employer failed to make payments upon the premium rates of
844-the situs where the work or project is located in
845-Illinois.
846-The penalty shall not exceed $1,000 for each day of work
847-for which the employer failed to make payments upon the
848-premium rates of the situs where the work or project is located
849-in Illinois, but the total penalty shall not exceed $50,000
850-for each project or each contract under which the work was
851-performed.
852-Any penalty under this subsection (a-1) must be imposed
853-not later than one year after the expiration of the applicable
854-limitation period specified in subsection (d) of Section 6 of
855-this Act. Penalties imposed under this subsection (a-1) shall
856-be deposited into the Illinois Workers' Compensation
857-Commission Operations Fund, a special fund that is created in
858-the State treasury. Subject to appropriation, moneys in the
859-Fund shall be used solely for the operations of the Illinois
860-Workers' Compensation Commission and by the Department of
861-Insurance for the purposes authorized in subsection (c) of
862-Section 25.5 of this Act.
863-(a-2) Every Employee Leasing Company (ELC), as defined in
864-Section 15 of the Employee Leasing Company Act, shall at a
865-minimum provide the following information to the Commission or
866-any entity designated by the Commission regarding each
867-workers' compensation insurance policy issued to the ELC:
868-
869-
870-(1) Any client company of the ELC listed as an
871-additional named insured.
872-(2) Any informational schedule attached to the master
873-policy that identifies any individual client company's
874-name, FEIN, and job location.
875-(3) Any certificate of insurance coverage document
876-issued to a client company specifying its rights and
877-obligations under the master policy that establishes both
878-the identity and status of the client, as well as the dates
879-of inception and termination of coverage, if applicable.
880-(b) The sworn application and financial statement, or
881-security, indemnity or bond, or amount of insurance, or other
882-provisions, filed, furnished, carried, or made by the
883-employer, as the case may be, shall be subject to the approval
884-of the Commission.
885-Deposits under escrow agreements shall be cash, negotiable
886-United States government bonds or negotiable general
887-obligation bonds of the State of Illinois. Such cash or bonds
888-shall be deposited in escrow with any State or National Bank or
889-Trust Company having trust authority in the State of Illinois.
890-Upon the approval of the sworn application and financial
891-statement, security, indemnity or bond or amount of insurance,
892-filed, furnished or carried, as the case may be, the
893-Commission shall send to the employer written notice of its
894-approval thereof. The certificate of compliance by the
895-employer with the provisions of subparagraphs (2) and (3) of
896-
897-
898-paragraph (a) of this Section shall be delivered by the
899-insurance carrier to the Illinois Workers' Compensation
900-Commission within five days after the effective date of the
901-policy so certified. The insurance so certified shall cover
902-all compensation liability occurring during the time that the
903-insurance is in effect and no further certificate need be
904-filed in case such insurance is renewed, extended or otherwise
905-continued by such carrier. The insurance so certified shall
906-not be cancelled or in the event that such insurance is not
907-renewed, extended or otherwise continued, such insurance shall
908-not be terminated until at least 10 days after receipt by the
909-Illinois Workers' Compensation Commission of notice of the
910-cancellation or termination of said insurance; provided,
911-however, that if the employer has secured insurance from
912-another insurance carrier, or has otherwise secured the
913-payment of compensation in accordance with this Section, and
914-such insurance or other security becomes effective prior to
915-the expiration of the 10 days, cancellation or termination
916-may, at the option of the insurance carrier indicated in such
917-notice, be effective as of the effective date of such other
918-insurance or security.
919-(c) Whenever the Commission shall find that any
920-corporation, company, association, aggregation of individuals,
921-reciprocal or interinsurers exchange, or other insurer
922-effecting workers' compensation insurance in this State shall
923-be insolvent, financially unsound, or unable to fully meet all
924-
925-
926-payments and liabilities assumed or to be assumed for
927-compensation insurance in this State, or shall practice a
928-policy of delay or unfairness toward employees in the
929-adjustment, settlement, or payment of benefits due such
930-employees, the Commission may after reasonable notice and
931-hearing order and direct that such corporation, company,
932-association, aggregation of individuals, reciprocal or
933-interinsurers exchange, or insurer, shall from and after a
934-date fixed in such order discontinue the writing of any such
935-workers' compensation insurance in this State. Subject to such
936-modification of the order as the Commission may later make on
937-review of the order, as herein provided, it shall thereupon be
938-unlawful for any such corporation, company, association,
939-aggregation of individuals, reciprocal or interinsurers
940-exchange, or insurer to effect any workers' compensation
941-insurance in this State. A copy of the order shall be served
942-upon the Director of Insurance by registered mail. Whenever
943-the Commission finds that any service or adjustment company
944-used or employed by a self-insured employer or by an insurance
945-carrier to process, adjust, investigate, compromise or
946-otherwise handle claims under this Act, has practiced or is
947-practicing a policy of delay or unfairness toward employees in
948-the adjustment, settlement or payment of benefits due such
949-employees, the Commission may after reasonable notice and
950-hearing order and direct that such service or adjustment
951-company shall from and after a date fixed in such order be
952-
953-
954-prohibited from processing, adjusting, investigating,
955-compromising or otherwise handling claims under this Act.
956-Whenever the Commission finds that any self-insured
957-employer has practiced or is practicing delay or unfairness
958-toward employees in the adjustment, settlement or payment of
959-benefits due such employees, the Commission may, after
960-reasonable notice and hearing, order and direct that after a
961-date fixed in the order such self-insured employer shall be
962-disqualified to operate as a self-insurer and shall be
963-required to insure his entire liability to pay compensation in
964-some insurance carrier authorized, licensed and permitted to
965-do such insurance business in this State, as provided in
966-subparagraph 3 of paragraph (a) of this Section.
967-All orders made by the Commission under this Section shall
968-be subject to review by the courts, said review to be taken in
969-the same manner and within the same time as provided by Section
970-19 of this Act for review of awards and decisions of the
971-Commission, upon the party seeking the review filing with the
972-clerk of the court to which said review is taken a bond in an
973-amount to be fixed and approved by the court to which the
974-review is taken, conditioned upon the payment of all
975-compensation awarded against the person taking said review
976-pending a decision thereof and further conditioned upon such
977-other obligations as the court may impose. Upon the review the
978-Circuit Court shall have power to review all questions of fact
979-as well as of law. The penalty hereinafter provided for in this
980-
981-
982-paragraph shall not attach and shall not begin to run until the
983-final determination of the order of the Commission.
984-(d) Whenever a panel of 3 Commissioners comprised of one
985-member of the employing class, one representative of a labor
986-organization recognized under the National Labor Relations Act
987-or an attorney who has represented labor organizations or has
988-represented employees in workers' compensation cases, and one
989-member not identified with either the employing class or a
990-labor organization, with due process and after a hearing,
991-determines an employer has knowingly failed to provide
992-coverage as required by paragraph (a) of this Section, the
993-failure shall be deemed an immediate serious danger to public
994-health, safety, and welfare sufficient to justify service by
995-the Commission of a work-stop order on such employer,
996-requiring the cessation of all business operations of such
997-employer at the place of employment or job site. Any law
998-enforcement agency in the State shall, at the request of the
999-Commission, render any assistance necessary to carry out the
1000-provisions of this Section, including, but not limited to,
1001-preventing any employee of such employer from remaining at a
1002-place of employment or job site after a work-stop order has
1003-taken effect. Any work-stop order shall be lifted upon proof
1004-of insurance as required by this Act. Any orders under this
1005-Section are appealable under Section 19(f) to the Circuit
1006-Court.
1007-Any individual employer, corporate officer or director of
1008-
1009-
1010-a corporate employer, partner of an employer partnership, or
1011-member of an employer limited liability company who knowingly
1012-fails to provide coverage as required by paragraph (a) of this
1013-Section is guilty of a Class 4 felony. This provision shall not
1014-apply to any corporate officer or director of any
1015-publicly-owned corporation. Each day's violation constitutes a
1016-separate offense. The State's Attorney of the county in which
1017-the violation occurred, or the Attorney General, shall bring
1018-such actions in the name of the People of the State of
1019-Illinois, or may, in addition to other remedies provided in
1020-this Section, bring an action for an injunction to restrain
1021-the violation or to enjoin the operation of any such employer.
1022-Any individual employer, corporate officer or director of
1023-a corporate employer, partner of an employer partnership, or
1024-member of an employer limited liability company who
1025-negligently fails to provide coverage as required by paragraph
1026-(a) of this Section is guilty of a Class A misdemeanor. This
1027-provision shall not apply to any corporate officer or director
1028-of any publicly-owned corporation. Each day's violation
1029-constitutes a separate offense. The State's Attorney of the
1030-county in which the violation occurred, or the Attorney
1031-General, shall bring such actions in the name of the People of
1032-the State of Illinois.
1033-The criminal penalties in this subsection (d) shall not
1034-apply where there exists a good faith dispute as to the
1035-existence of an employment relationship. Evidence of good
1036-
1037-
1038-faith shall include, but not be limited to, compliance with
1039-the definition of employee as used by the Internal Revenue
1040-Service.
1041-Employers who are subject to and who knowingly fail to
1042-comply with this Section shall not be entitled to the benefits
1043-of this Act during the period of noncompliance, but shall be
1044-liable in an action under any other applicable law of this
1045-State. In the action, such employer shall not avail himself or
1046-herself of the defenses of assumption of risk or negligence or
1047-that the injury was due to a co-employee. In the action, proof
1048-of the injury shall constitute prima facie evidence of
1049-negligence on the part of such employer and the burden shall be
1050-on such employer to show freedom of negligence resulting in
1051-the injury. The employer shall not join any other defendant in
1052-any such civil action. Nothing in this amendatory Act of the
1053-94th General Assembly shall affect the employee's rights under
1054-subdivision (a)3 of Section 1 of this Act. Any employer or
1055-carrier who makes payments under subdivision (a)3 of Section 1
1056-of this Act shall have a right of reimbursement from the
1057-proceeds of any recovery under this Section.
1058-An employee of an uninsured employer, or the employee's
1059-dependents in case death ensued, may, instead of proceeding
1060-against the employer in a civil action in court, file an
1061-application for adjustment of claim with the Commission in
1062-accordance with the provisions of this Act and the Commission
1063-shall hear and determine the application for adjustment of
1064-
1065-
1066-claim in the manner in which other claims are heard and
1067-determined before the Commission.
1068-All proceedings under this subsection (d) shall be
1069-reported on an annual basis to the Workers' Compensation
1070-Advisory Board.
1071-An investigator with the Department of Insurance may issue
1072-a citation to any employer that is not in compliance with its
1073-obligation to have workers' compensation insurance under this
1074-Act. The amount of the fine shall be based on the period of
1075-time the employer was in non-compliance, but shall be no less
1076-than $500, and shall not exceed $2,500. An employer that has
1077-been issued a citation shall pay the fine to the Department of
1078-Insurance and provide to the Department of Insurance proof
1079-that it obtained the required workers' compensation insurance
1080-within 10 days after the citation was issued. This Section
1081-does not affect any other obligations this Act imposes on
1082-employers.
1083-Upon a finding by the Commission, after reasonable notice
1084-and hearing, of the knowing and wilful failure or refusal of an
1085-employer to comply with any of the provisions of paragraph (a)
1086-of this Section, the failure or refusal of an employer,
1087-service or adjustment company, or an insurance carrier to
1088-comply with any order of the Illinois Workers' Compensation
1089-Commission pursuant to paragraph (c) of this Section
1090-disqualifying him or her to operate as a self insurer and
1091-requiring him or her to insure his or her liability, or the
1092-
1093-
1094-knowing and willful failure of an employer to comply with a
1095-citation issued by an investigator with the Department of
1096-Insurance, the Commission may assess a civil penalty of up to
1097-$500 per day for each day of such failure or refusal after the
1098-effective date of this amendatory Act of 1989. The minimum
1099-penalty under this Section shall be the sum of $10,000. Each
1100-day of such failure or refusal shall constitute a separate
1101-offense. The Commission may assess the civil penalty
1102-personally and individually against the corporate officers and
1103-directors of a corporate employer, the partners of an employer
1104-partnership, and the members of an employer limited liability
1105-company, after a finding of a knowing and willful refusal or
1106-failure of each such named corporate officer, director,
1107-partner, or member to comply with this Section. The liability
1108-for the assessed penalty shall be against the named employer
1109-first, and if the named employer fails or refuses to pay the
1110-penalty to the Commission within 30 days after the final order
1111-of the Commission, then the named corporate officers,
1112-directors, partners, or members who have been found to have
1113-knowingly and willfully refused or failed to comply with this
1114-Section shall be liable for the unpaid penalty or any unpaid
1115-portion of the penalty. Upon investigation by the Department
1116-of Insurance, the Attorney General shall have the authority to
1117-prosecute all proceedings to enforce the civil and
1118-administrative provisions of this Section before the
1119-Commission. The Commission and the Department of Insurance
1120-
1121-
1122-shall promulgate procedural rules for enforcing this Section
1123-relating to their respective duties prescribed herein.
1124-A Commission decision imposing penalties under this
1125-Section may be judicially reviewed only as described in
1126-Section 19(f). After expiration of the period for seeking
1127-judicial review, the Commission's final decision imposing
1128-penalties may be enforced in the same manner as a judgment
1129-entered by a court of competent jurisdiction. The Commission's
1130-final decision imposing penalties is a debt due and owing to
1131-the State and can be enforced to the same extent as a judgment
1132-entered by a circuit court. The Attorney General shall
1133-represent the Commission and the Department of Insurance in
1134-any action challenging the final decision in circuit court. If
1135-the court affirms the Commission's decision, the court shall
1136-enter judgment against the employer in the amount of the fines
1137-assessed by the Commission. The Attorney General shall make
1138-reasonable efforts to collect the amounts due under the
1139-Commission's decision.
1140-Upon the failure or refusal of any employer, service or
1141-adjustment company or insurance carrier to comply with the
1142-provisions of this Section and with the orders of the
1143-Commission under this Section, or the order of the court on
1144-review after final adjudication, the Commission may bring a
1145-civil action to recover the amount of the penalty in Cook
1146-County or in Sangamon County in which litigation the
1147-Commission shall be represented by the Attorney General. The
1148-
1149-
1150-Commission shall send notice of its finding of non-compliance
1151-and assessment of the civil penalty to the Attorney General.
1152-It shall be the duty of the Attorney General within 30 days
1153-after receipt of the notice, to institute prosecutions and
1154-promptly prosecute all reported violations of this Section.
1155-Any individual employer, corporate officer or director of
1156-a corporate employer, partner of an employer partnership, or
1157-member of an employer limited liability company who, with the
1158-intent to avoid payment of compensation under this Act to an
1159-injured employee or the employee's dependents, knowingly
1160-transfers, sells, encumbers, assigns, or in any manner
1161-disposes of, conceals, secretes, or destroys any property
1162-belonging to the employer, officer, director, partner, or
1163-member is guilty of a Class 4 felony.
1164-Penalties and fines collected pursuant to this paragraph
1165-(d) shall be deposited upon receipt into a special fund which
1166-shall be designated the Injured Workers' Benefit Fund, of
1167-which the State Treasurer is ex-officio custodian, such
1168-special fund to be held and disbursed in accordance with this
1169-paragraph (d) for the purposes hereinafter stated in this
1170-paragraph (d), upon the final order of the Commission. The
1171-Injured Workers' Benefit Fund shall be deposited the same as
1172-are State funds and any interest accruing thereon shall be
1173-added thereto every 6 months. The Injured Workers' Benefit
1174-Fund is subject to audit the same as State funds and accounts
1175-and is protected by the general bond given by the State
1176-
1177-
1178-Treasurer. The Injured Workers' Benefit Fund is considered
1179-always appropriated for the purposes of disbursements as
1180-provided in this paragraph, and shall be paid out and
1181-disbursed as herein provided and shall not at any time be
1182-appropriated or diverted to any other use or purpose. Moneys
1183-in the Injured Workers' Benefit Fund shall be used only for
1184-payment of workers' compensation benefits for injured
1185-employees when the employer has failed to provide coverage as
1186-determined under this paragraph (d) and has failed to pay the
1187-benefits due to the injured employee. The employer shall
1188-reimburse the Injured Workers' Benefit Fund for any amounts
1189-paid to an employee on account of the compensation awarded by
1190-the Commission. The Attorney General shall make reasonable
1191-efforts to obtain reimbursement for the Injured Workers'
1192-Benefit Fund.
1193-The Commission shall have the right to obtain
1194-reimbursement from the employer for compensation obligations
1195-paid by the Injured Workers' Benefit Fund. Any such amounts
1196-obtained shall be deposited by the Commission into the Injured
1197-Workers' Benefit Fund. If an injured employee or his or her
1198-personal representative receives payment from the Injured
1199-Workers' Benefit Fund, the State of Illinois has the same
1200-rights under paragraph (b) of Section 5 that the employer who
1201-failed to pay the benefits due to the injured employee would
1202-have had if the employer had paid those benefits, and any
1203-moneys recovered by the State as a result of the State's
1204-
1205-
1206-exercise of its rights under paragraph (b) of Section 5 shall
1207-be deposited into the Injured Workers' Benefit Fund. The
1208-custodian of the Injured Workers' Benefit Fund shall be joined
1209-with the employer as a party respondent in the application for
1210-adjustment of claim. After July 1, 2006, the Commission shall
1211-make disbursements from the Fund once each year to each
1212-eligible claimant. An eligible claimant is an injured worker
1213-who has within the previous fiscal year obtained a final award
1214-for benefits from the Commission against the employer and the
1215-Injured Workers' Benefit Fund and has notified the Commission
1216-within 90 days of receipt of such award. Within a reasonable
1217-time after the end of each fiscal year, the Commission shall
1218-make a disbursement to each eligible claimant. At the time of
1219-disbursement, if there are insufficient moneys in the Fund to
1220-pay all claims, each eligible claimant shall receive a
1221-pro-rata share, as determined by the Commission, of the
1222-available moneys in the Fund for that year. Payment from the
1223-Injured Workers' Benefit Fund to an eligible claimant pursuant
1224-to this provision shall discharge the obligations of the
1225-Injured Workers' Benefit Fund regarding the award entered by
1226-the Commission.
1227-(e) This Act shall not affect or disturb the continuance
1228-of any existing insurance, mutual aid, benefit, or relief
1229-association or department, whether maintained in whole or in
1230-part by the employer or whether maintained by the employees,
1231-the payment of benefits of such association or department
1232-
1233-
1234-being guaranteed by the employer or by some person, firm or
1235-corporation for him or her: Provided, the employer contributes
1236-to such association or department an amount not less than the
1237-full compensation herein provided, exclusive of the cost of
1238-the maintenance of such association or department and without
1239-any expense to the employee. This Act shall not prevent the
1240-organization and maintaining under the insurance laws of this
1241-State of any benefit or insurance company for the purpose of
1242-insuring against the compensation provided for in this Act,
1243-the expense of which is maintained by the employer. This Act
1244-shall not prevent the organization or maintaining under the
1245-insurance laws of this State of any voluntary mutual aid,
1246-benefit or relief association among employees for the payment
1247-of additional accident or sick benefits.
1248-(f) No existing insurance, mutual aid, benefit or relief
1249-association or department shall, by reason of anything herein
1250-contained, be authorized to discontinue its operation without
1251-first discharging its obligations to any and all persons
1252-carrying insurance in the same or entitled to relief or
1253-benefits therein.
1254-(g) Any contract, oral, written or implied, of employment
1255-providing for relief benefit, or insurance or any other device
1256-whereby the employee is required to pay any premium or
1257-premiums for insurance against the compensation provided for
1258-in this Act shall be null and void. Any employer withholding
1259-from the wages of any employee any amount for the purpose of
1260-
1261-
1262-paying any such premium shall be guilty of a Class B
1263-misdemeanor.
1264-In the event the employer does not pay the compensation
1265-for which he or she is liable, then an insurance company,
1266-association or insurer which may have insured such employer
1267-against such liability shall become primarily liable to pay to
1268-the employee, his or her personal representative or
1269-beneficiary the compensation required by the provisions of
1270-this Act to be paid by such employer. The insurance carrier may
1271-be made a party to the proceedings in which the employer is a
1272-party and an award may be entered jointly against the employer
1273-and the insurance carrier.
1274-(h) It shall be unlawful for any employer, insurance
1275-company or service or adjustment company to interfere with,
1276-restrain or coerce an employee in any manner whatsoever in the
1277-exercise of the rights or remedies granted to him or her by
1278-this Act or to discriminate, attempt to discriminate, or
1279-threaten to discriminate against an employee in any way
1280-because of his or her exercise of the rights or remedies
1281-granted to him or her by this Act.
1282-It shall be unlawful for any employer, individually or
1283-through any insurance company or service or adjustment
1284-company, to discharge or to threaten to discharge, or to
1285-refuse to rehire or recall to active service in a suitable
1286-capacity an employee because of the exercise of his or her
1287-rights or remedies granted to him or her by this Act.
1288-
1289-
1290-(i) If an employer elects to obtain a life insurance
1291-policy on his employees, he may also elect to apply such
1292-benefits in satisfaction of all or a portion of the death
1293-benefits payable under this Act, in which case, the employer's
1294-compensation premium shall be reduced accordingly.
1295-(j) Within 45 days of receipt of an initial application or
1296-application to renew self-insurance privileges the
1297-Self-Insurers Advisory Board shall review and submit for
1298-approval by the Chairman of the Commission recommendations of
1299-disposition of all initial applications to self-insure and all
1300-applications to renew self-insurance privileges filed by
1301-private self-insurers pursuant to the provisions of this
1302-Section and Section 4a-9 of this Act. Each private
1303-self-insurer shall submit with its initial and renewal
1304-applications the application fee required by Section 4a-4 of
1305-this Act.
1306-The Chairman of the Commission shall promptly act upon all
1307-initial applications and applications for renewal in full
1308-accordance with the recommendations of the Board or, should
1309-the Chairman disagree with any recommendation of disposition
1310-of the Self-Insurer's Advisory Board, he shall within 30 days
1311-of receipt of such recommendation provide to the Board in
1312-writing the reasons supporting his decision. The Chairman
1313-shall also promptly notify the employer of his decision within
1314-15 days of receipt of the recommendation of the Board.
1315-If an employer is denied a renewal of self-insurance
1316-
1317-
1318-privileges pursuant to application it shall retain said
1319-privilege for 120 days after receipt of a notice of
1320-cancellation of the privilege from the Chairman of the
1321-Commission.
1322-All orders made by the Chairman under this Section shall
1323-be subject to review by the courts, such review to be taken in
1324-the same manner and within the same time as provided by
1325-subsection (f) of Section 19 of this Act for review of awards
1326-and decisions of the Commission, upon the party seeking the
1327-review filing with the clerk of the court to which such review
1328-is taken a bond in an amount to be fixed and approved by the
1329-court to which the review is taken, conditioned upon the
1330-payment of all compensation awarded against the person taking
1331-such review pending a decision thereof and further conditioned
1332-upon such other obligations as the court may impose. Upon the
1333-review the Circuit Court shall have power to review all
1334-questions of fact as well as of law.
1335-(Source: P.A. 101-384, eff. 1-1-20; 102-37, eff. 7-1-21.)
1336-(820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
1337-Sec. 4a-5. There is hereby created a Self-Insurers
1338-Security Fund. The State Treasurer shall be the ex officio
1339-custodian of the Self-Insurers Security Fund. Moneys in the
1340-Fund shall be deposited in a separate account in the same
1341-manner as are State Funds and any interest accruing thereon
1342-shall be added thereto every 6 months. It shall be subject to
1343-
1344-
1345-audit the same as State funds and accounts and shall be
1346-protected by the general bond given by the State Treasurer.
1347-The funds in the Self-Insurers Security Fund shall not be
1348-subject to appropriation and shall be made available for the
1349-purposes of compensating employees who are eligible to receive
1350-benefits from their employers pursuant to the provisions of
1351-the Workers' Compensation Act or Workers' Occupational
1352-Diseases Act, when, pursuant to this Section, the Board has
1353-determined that a private self-insurer has become an insolvent
1354-self-insurer and is unable to pay compensation benefits due to
1355-financial insolvency. Moneys in the Fund may be used to
1356-compensate any type of injury or occupational disease which is
1357-compensable under either Act, and for all claims for related
1358-administrative fees, operating costs of the Board, attorney's
1359-fees, and other costs reasonably incurred by the Board. Moneys
1360-in the Self-Insurers Security Fund may also be used for paying
1361-the salaries and benefits of the Self-Insurers Advisory Board
1362-employees and the operating costs of the Board. The Chairman,
1363-with the advice of the Board, may direct the State Comptroller
1364-and the State Treasurer to transfer up to $2,000,000 in any
1365-fiscal year from the Self-Insurers Security Fund to the
1366-Illinois Workers' Compensation Commission Operations Fund, to
1367-the extent that there are insufficient funds in the Illinois
1368-Workers' Compensation Commission Operations Fund to pay the
1369-operating costs of the Illinois Workers' Compensation
1370-Commission or the salaries and benefits of employees of the
1371-
1372-
1373-Illinois Workers' Compensation Commission. No later than
1374-October 31 of the fiscal year following any transfer from the
1375-Self-Insurers Security Fund to the Illinois Workers'
1376-Compensation Commission Operations Fund, the Chairman, with
1377-the advice of the Board, shall direct the State Comptroller
1378-and the State Treasurer to transfer from the Illinois Workers'
1379-Compensation Commission Operations Fund to the Self-Insurers
1380-Security Fund an amount equivalent to the sum of all amounts
1381-transferred from the Self-Insurers Security Fund to the
1382-Illinois Workers' Compensation Commission Operations Fund in
1383-the prior fiscal year with interest at the rate earned by
1384-moneys on deposit in the Self-Insurers Security Fund. Upon
1385-receipt of funds from any transfer between the Self-Insurers
1386-Security Fund and the Illinois Workers' Compensation
1387-Commission Operations Fund, the Chairman shall submit notice,
1388-including the date and amount of the transfer, to the Governor
1389-and the General Assembly. Payment from the Self-Insurers
1390-Security Fund shall be made by the Comptroller only upon the
1391-authorization of the Chairman as evidenced by properly
1392-certified vouchers of the Commission, upon the direction of
1393-the Board.
1394-(Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21;
1395-102-910, eff. 5-27-22.)
1396-(820 ILCS 305/4d)
1397-Sec. 4d. Illinois Workers' Compensation Commission
1398-
1399-
1400-Operations Fund Fee.
1401-(a) As of the effective date of this amendatory Act of the
1402-93rd General Assembly, each employer that self-insures its
1403-liabilities arising under this Act or Workers' Occupational
1404-Diseases Act shall pay a fee measured by the annual actual
1405-wages paid in this State of such an employer in the manner
1406-provided in this Section. Such proceeds shall be deposited in
1407-the Illinois Workers' Compensation Commission Operations Fund.
1408-If an employer survives or was formed by a merger,
1409-consolidation, reorganization, or reincorporation, the actual
1410-wages paid in this State of all employers party to the merger,
1411-consolidation, reorganization, or reincorporation shall, for
1412-purposes of determining the amount of the fee imposed by this
1413-Section, be regarded as those of the surviving or new
1414-employer.
1415-(b) Beginning on July 30, 2004 (the effective date of
1416-Public Act 93-840) and on July 1 of each year thereafter
1417-through 2023, the Chairman shall charge and collect an annual
1418-Illinois Workers' Compensation Commission Operations Fund Fee
1419-from every employer subject to subsection (a) of this Section
1420-equal to 0.0075% of its annual actual wages paid in this State
1421-as reported in each employer's annual self-insurance renewal
1422-filed for the previous year as required by Section 4 of this
1423-Act and Section 4 of the Workers' Occupational Diseases Act.
1424-Beginning on July 1, 2024 and on July 1 of each year
1425-thereafter, the Chairman shall charge and collect an annual
1426-
1427-
1428-Illinois Workers' Compensation Commission Operations Fund Fee
1429-from every employer subject to subsection (a) of this Section
1430-equal to 0.0081% of its annual actual wages paid in this State
1431-as reported in each employer's annual self-insurance renewal
1432-filed for the previous year as required by Section 4 of this
1433-Act and Section 4 of the Workers' Occupational Diseases Act.
1434-All sums collected by the Commission under the provisions of
1435-this Section shall be paid promptly after the receipt of the
1436-same, accompanied by a detailed statement thereof, into the
1437-Illinois Workers' Compensation Commission Operations Fund. The
1438-fee due pursuant to Public Act 93-840 shall be collected
1439-instead of the fee due on July 1, 2004 under Public Act 93-32.
1440-Payment of the fee due under Public Act 93-840 shall discharge
1441-the employer's obligations due on July 1, 2004.
1442-(c) In addition to the authority specifically granted
1443-under Section 16, the Chairman shall have such authority to
1444-adopt rules or establish forms as may be reasonably necessary
1445-for purposes of enforcing this Section. The Commission shall
1446-have authority to defer, waive, or abate the fee or any
1447-penalties imposed by this Section if in the Commission's
1448-opinion the employer's solvency and ability to meet its
1449-obligations to pay workers' compensation benefits would be
1450-immediately threatened by payment of the fee due.
1451-(d) When an employer fails to pay the full amount of any
1452-annual Illinois Workers' Compensation Commission Operations
1453-Fund Fee of $100 or more due under this Section, there shall be
1454-
1455-
1456-added to the amount due as a penalty the greater of $1,000 or
1457-an amount equal to 5% of the deficiency for each month or part
1458-of a month that the deficiency remains unpaid.
1459-(e) The Commission may enforce the collection of any
1460-delinquent payment, penalty or portion thereof by legal action
1461-or in any other manner by which the collection of debts due the
1462-State of Illinois may be enforced under the laws of this State.
1463-(f) Whenever it appears to the satisfaction of the
1464-Chairman that an employer has paid pursuant to this Act an
1465-Illinois Workers' Compensation Commission Operations Fund Fee
1466-in an amount in excess of the amount legally collectable from
1467-the employer, the Chairman shall issue a credit memorandum for
1468-an amount equal to the amount of such overpayment. A credit
1469-memorandum may be applied for the 2-year period from the date
1470-of issuance against the payment of any amount due during that
1471-period under the fee imposed by this Section or, subject to
1472-reasonable rule of the Commission including requirement of
1473-notification, may be assigned to any other employer subject to
1474-regulation under this Act. Any application of credit memoranda
1475-after the period provided for in this Section is void.
1476-(Source: P.A. 95-331, eff. 8-21-07.)
1477-(820 ILCS 305/7) (from Ch. 48, par. 138.7)
1478-Sec. 7. The amount of compensation which shall be paid for
1479-an accidental injury to the employee resulting in death is:
1480-(a) If the employee leaves surviving a widow, widower,
1481-
1482-
1483-child or children, the applicable weekly compensation rate
1484-computed in accordance with subparagraph 2 of paragraph (b) of
1485-Section 8, shall be payable during the life of the widow or
1486-widower and if any surviving child or children shall not be
1487-physically or mentally incapacitated then until the death of
1488-the widow or widower or until the youngest child shall reach
1489-the age of 18, whichever shall come later; provided that if
1490-such child or children shall be enrolled as a full time student
1491-in any accredited educational institution, the payments shall
1492-continue until such child has attained the age of 25. In the
1493-event any surviving child or children shall be physically or
1494-mentally incapacitated, the payments shall continue for the
1495-duration of such incapacity.
1496-The term "child" means a child whom the deceased employee
1497-left surviving, including a posthumous child, a child legally
1498-adopted, a child whom the deceased employee was legally
1499-obligated to support or a child to whom the deceased employee
1500-stood in loco parentis. The term "children" means the plural
1501-of "child".
1502-The term "physically or mentally incapacitated child or
1503-children" means a child or children incapable of engaging in
1504-regular and substantial gainful employment.
1505-In the event of the remarriage of a widow or widower, where
1506-the decedent did not leave surviving any child or children
1507-who, at the time of such remarriage, are entitled to
1508-compensation benefits under this Act, the surviving spouse
1509-
1510-
1511-shall be paid a lump sum equal to 2 years compensation benefits
1512-and all further rights of such widow or widower shall be
1513-extinguished.
1514-If the employee leaves surviving any child or children
1515-under 18 years of age who at the time of death shall be
1516-entitled to compensation under this paragraph (a) of this
1517-Section, the weekly compensation payments herein provided for
1518-such child or children shall in any event continue for a period
1519-of not less than 6 years.
1520-Any beneficiary entitled to compensation under this
1521-paragraph (a) of this Section shall receive from the special
1522-fund provided in paragraph (f) of this Section, in addition to
1523-the compensation herein provided, supplemental benefits in
1524-accordance with paragraph (g) of Section 8.
1525-(b) If no compensation is payable under paragraph (a) of
1526-this Section and the employee leaves surviving a parent or
1527-parents who at the time of the accident were totally dependent
1528-upon the earnings of the employee then weekly payments equal
1529-to the compensation rate payable in the case where the
1530-employee leaves surviving a widow or widower, shall be paid to
1531-such parent or parents for the duration of their lives, and in
1532-the event of the death of either, for the life of the survivor.
1533-(c) If no compensation is payable under paragraphs (a) or
1534-(b) of this Section and the employee leaves surviving any
1535-child or children who are not entitled to compensation under
1536-the foregoing paragraph (a) but who at the time of the accident
1537-
1538-
1539-were nevertheless in any manner dependent upon the earnings of
1540-the employee, or leaves surviving a parent or parents who at
1541-the time of the accident were partially dependent upon the
1542-earnings of the employee, then there shall be paid to such
1543-dependent or dependents for a period of 8 years weekly
1544-compensation payments at such proportion of the applicable
1545-rate if the employee had left surviving a widow or widower as
1546-such dependency bears to total dependency. In the event of the
1547-death of any such beneficiary the share of such beneficiary
1548-shall be divided equally among the surviving beneficiaries and
1549-in the event of the death of the last such beneficiary all the
1550-rights under this paragraph shall be extinguished.
1551-(d) If no compensation is payable under paragraphs (a),
1552-(b) or (c) of this Section and the employee leaves surviving
1553-any grandparent, grandparents, grandchild or grandchildren or
1554-collateral heirs dependent upon the employee's earnings to the
1555-extent of 50% or more of total dependency, then there shall be
1556-paid to such dependent or dependents for a period of 5 years
1557-weekly compensation payments at such proportion of the
1558-applicable rate if the employee had left surviving a widow or
1559-widower as such dependency bears to total dependency. In the
1560-event of the death of any such beneficiary the share of such
1561-beneficiary shall be divided equally among the surviving
1562-beneficiaries and in the event of the death of the last such
1563-beneficiary all rights hereunder shall be extinguished.
1564-(e) The compensation to be paid for accidental injury
1565-
1566-
1567-which results in death, as provided in this Section, shall be
1568-paid to the persons who form the basis for determining the
1569-amount of compensation to be paid by the employer, the
1570-respective shares to be in the proportion of their respective
1571-dependency at the time of the accident on the earnings of the
1572-deceased. The Commission or an Arbitrator thereof may, in its
1573-or his discretion, order or award the payment to the parent or
1574-grandparent of a child for the latter's support the amount of
1575-compensation which but for such order or award would have been
1576-paid to such child as its share of the compensation payable,
1577-which order or award may be modified from time to time by the
1578-Commission in its discretion with respect to the person to
1579-whom shall be paid the amount of the order or award remaining
1580-unpaid at the time of the modification.
1581-The payments of compensation by the employer in accordance
1582-with the order or award of the Commission discharges such
1583-employer from all further obligation as to such compensation.
1584-(f) The sum of $8,000 for burial expenses shall be paid by
1585-the employer to the widow or widower, other dependent, next of
1586-kin or to the person or persons incurring the expense of
1587-burial.
1588-In the event the employer failed to provide necessary
1589-first aid, medical, surgical or hospital service, he shall pay
1590-the cost thereof to the person or persons entitled to
1591-compensation under paragraphs (a), (b), (c) or (d) of this
1592-Section, or to the person or persons incurring the obligation
1593-
1594-
1595-therefore, or providing the same.
1596-On January 15 and July 15, 1981, and on January 15 and July
1597-15 of each year thereafter the employer shall within 60 days
1598-pay a sum equal to 1/8 of 1% of all compensation payments made
1599-by him after July 1, 1980, either under this Act or the
1600-Workers' Occupational Diseases Act, whether by lump sum
1601-settlement or weekly compensation payments, but not including
1602-hospital, surgical or rehabilitation payments, made during the
1603-first 6 months and during the second 6 months respectively of
1604-the fiscal year next preceding the date of the payments, into a
1605-special fund which shall be designated the "Second Injury
1606-Fund", of which the State Treasurer is ex-officio custodian,
1607-such special fund to be held and disbursed for the purposes
1608-hereinafter stated in paragraphs (f) and (g) of Section 8,
1609-either upon the order of the Commission or of a competent
1610-court. Said special fund shall be deposited the same as are
1611-State funds and any interest accruing thereon shall be added
1612-thereto every 6 months. It is subject to audit the same as
1613-State funds and accounts and is protected by the General bond
1614-given by the State Treasurer. It is considered always
1615-appropriated for the purposes of disbursements as provided in
1616-Section 8, paragraph (f), of this Act, and shall be paid out
1617-and disbursed as therein provided and shall not at any time be
1618-appropriated or diverted to any other use or purpose.
1619-On January 15, 1991, the employer shall further pay a sum
1620-equal to one half of 1% of all compensation payments made by
1621-
1622-
1623-him from January 1, 1990 through June 30, 1990 either under
1624-this Act or under the Workers' Occupational Diseases Act,
1625-whether by lump sum settlement or weekly compensation
1626-payments, but not including hospital, surgical or
1627-rehabilitation payments, into an additional Special Fund which
1628-shall be designated as the "Rate Adjustment Fund". On March
1629-15, 1991, the employer shall pay into the Rate Adjustment Fund
1630-a sum equal to one half of 1% of all such compensation payments
1631-made from July 1, 1990 through December 31, 1990. Within 60
1632-days after July 15, 1991, the employer shall pay into the Rate
1633-Adjustment Fund a sum equal to one half of 1% of all such
1634-compensation payments made from January 1, 1991 through June
1635-30, 1991. Within 60 days after January 15 of 1992 and each
1636-subsequent year through 1996, the employer shall pay into the
1637-Rate Adjustment Fund a sum equal to one half of 1% of all such
1638-compensation payments made in the last 6 months of the
1639-preceding calendar year. Within 60 days after July 15 of 1992
1640-and each subsequent year through 1995, the employer shall pay
1641-into the Rate Adjustment Fund a sum equal to one half of 1% of
1642-all such compensation payments made in the first 6 months of
1643-the same calendar year. Within 60 days after January 15 of 1997
1644-and each subsequent year through 2005, the employer shall pay
1645-into the Rate Adjustment Fund a sum equal to three-fourths of
1646-1% of all such compensation payments made in the last 6 months
1647-of the preceding calendar year. Within 60 days after July 15 of
1648-1996 and each subsequent year through 2004, the employer shall
1649-
1650-
1651-pay into the Rate Adjustment Fund a sum equal to three-fourths
1652-of 1% of all such compensation payments made in the first 6
1653-months of the same calendar year. Within 60 days after July 15
1654-of 2005, the employer shall pay into the Rate Adjustment Fund a
1655-sum equal to 1% of such compensation payments made in the first
1656-6 months of the same calendar year. Within 60 days after
1657-January 15 of 2006 and each subsequent year through 2024, the
1658-employer shall pay into the Rate Adjustment Fund a sum equal to
1659-1.25% of such compensation payments made in the last 6 months
1660-of the preceding calendar year. Within 60 days after July 15 of
1661-2006 and each subsequent year through 2023, the employer shall
1662-pay into the Rate Adjustment Fund a sum equal to 1.25% of such
1663-compensation payments made in the first 6 months of the same
1664-calendar year. Within 60 days after July 15 of 2024 and each
1665-subsequent year thereafter, the employer shall pay into the
1666-Rate Adjustment Fund a sum equal to 1.375% of such
1667-compensation payments made in the first 6 months of the same
1668-calendar year. Within 60 days after January 15 of 2025 and each
1669-subsequent year thereafter, the employer shall pay into the
1670-Rate Adjustment Fund a sum equal to 1.375% of such
1671-compensation payments made in the last 6 months of the
1672-preceding calendar year. The administrative costs of
1673-collecting assessments from employers for the Rate Adjustment
1674-Fund shall be paid from the Rate Adjustment Fund. The cost of
1675-an actuarial audit of the Fund shall be paid from the Rate
1676-Adjustment Fund. The State Treasurer is ex officio custodian
1677-
1678-
1679-of such Special Fund and the same shall be held and disbursed
1680-for the purposes hereinafter stated in paragraphs (f) and (g)
1681-of Section 8 upon the order of the Commission or of a competent
1682-court. The Rate Adjustment Fund shall be deposited the same as
1683-are State funds and any interest accruing thereon shall be
1684-added thereto every 6 months. It shall be subject to audit the
1685-same as State funds and accounts and shall be protected by the
1686-general bond given by the State Treasurer. It is considered
1687-always appropriated for the purposes of disbursements as
1688-provided in paragraphs (f) and (g) of Section 8 of this Act and
1689-shall be paid out and disbursed as therein provided and shall
1690-not at any time be appropriated or diverted to any other use or
1691-purpose. Within 5 days after the effective date of this
1692-amendatory Act of 1990, the Comptroller and the State
1693-Treasurer shall transfer $1,000,000 from the General Revenue
1694-Fund to the Rate Adjustment Fund. By February 15, 1991, the
1695-Comptroller and the State Treasurer shall transfer $1,000,000
1696-from the Rate Adjustment Fund to the General Revenue Fund. The
1697-Comptroller and Treasurer are authorized to make transfers at
1698-the request of the Chairman up to a total of $19,000,000 from
1699-the Second Injury Fund, the General Revenue Fund, and the
1700-Workers' Compensation Benefit Trust Fund to the Rate
1701-Adjustment Fund to the extent that there is insufficient money
1702-in the Rate Adjustment Fund to pay claims and obligations.
1703-Amounts may be transferred from the General Revenue Fund only
1704-if the funds in the Second Injury Fund or the Workers'
1705-
1706-
1707-Compensation Benefit Trust Fund are insufficient to pay claims
1708-and obligations of the Rate Adjustment Fund. All amounts
1709-transferred from the Second Injury Fund, the General Revenue
1710-Fund, and the Workers' Compensation Benefit Trust Fund shall
1711-be repaid from the Rate Adjustment Fund within 270 days of a
1712-transfer, together with interest at the rate earned by moneys
1713-on deposit in the Fund or Funds from which the moneys were
1714-transferred.
1715-Upon a finding by the Commission, after reasonable notice
1716-and hearing, that any employer has willfully and knowingly
1717-failed to pay the proper amounts into the Second Injury Fund or
1718-the Rate Adjustment Fund required by this Section or if such
1719-payments are not made within the time periods prescribed by
1720-this Section, the employer shall, in addition to such
1721-payments, pay a penalty of 20% of the amount required to be
1722-paid or $2,500, whichever is greater, for each year or part
1723-thereof of such failure to pay. This penalty shall only apply
1724-to obligations of an employer to the Second Injury Fund or the
1725-Rate Adjustment Fund accruing after the effective date of this
1726-amendatory Act of 1989. All or part of such a penalty may be
1727-waived by the Commission for good cause shown.
1728-Any obligations of an employer to the Second Injury Fund
1729-and Rate Adjustment Fund accruing prior to the effective date
1730-of this amendatory Act of 1989 shall be paid in full by such
1731-employer within 5 years of the effective date of this
1732-amendatory Act of 1989, with at least one-fifth of such
1733-
1734-
1735-obligation to be paid during each year following the effective
1736-date of this amendatory Act of 1989. If the Commission finds,
1737-following reasonable notice and hearing, that an employer has
1738-failed to make timely payment of any obligation accruing under
1739-the preceding sentence, the employer shall, in addition to all
1740-other payments required by this Section, be liable for a
1741-penalty equal to 20% of the overdue obligation or $2,500,
1742-whichever is greater, for each year or part thereof that
1743-obligation is overdue. All or part of such a penalty may be
1744-waived by the Commission for good cause shown.
1745-The Chairman of the Illinois Workers' Compensation
1746-Commission shall, annually, furnish to the Director of the
1747-Department of Insurance a list of the amounts paid into the
1748-Second Injury Fund and the Rate Adjustment Fund by each
1749-insurance company on behalf of their insured employers. The
1750-Director shall verify to the Chairman that the amounts paid by
1751-each insurance company are accurate as best as the Director
1752-can determine from the records available to the Director. The
1753-Chairman shall verify that the amounts paid by each
1754-self-insurer are accurate as best as the Chairman can
1755-determine from records available to the Chairman. The Chairman
1756-may require each self-insurer to provide information
1757-concerning the total compensation payments made upon which
1758-contributions to the Second Injury Fund and the Rate
1759-Adjustment Fund are predicated and any additional information
1760-establishing that such payments have been made into these
1761-
1762-
1763-funds. Any deficiencies in payments noted by the Director or
1764-Chairman shall be subject to the penalty provisions of this
1765-Act.
1766-The State Treasurer, or his duly authorized
1767-representative, shall be named as a party to all proceedings
1768-in all cases involving claim for the loss of, or the permanent
1769-and complete loss of the use of one eye, one foot, one leg, one
1770-arm or one hand.
1771-The State Treasurer or his duly authorized agent shall
1772-have the same rights as any other party to the proceeding,
1773-including the right to petition for review of any award. The
1774-reasonable expenses of litigation, such as medical
1775-examinations, testimony, and transcript of evidence, incurred
1776-by the State Treasurer or his duly authorized representative,
1777-shall be borne by the Second Injury Fund.
1778-If the award is not paid within 30 days after the date the
1779-award has become final, the Commission shall proceed to take
1780-judgment thereon in its own name as is provided for other
1781-awards by paragraph (g) of Section 19 of this Act and take the
1782-necessary steps to collect the award.
1783-Any person, corporation or organization who has paid or
1784-become liable for the payment of burial expenses of the
1785-deceased employee may in his or its own name institute
1786-proceedings before the Commission for the collection thereof.
1787-For the purpose of administration, receipts and
1788-disbursements, the Special Fund provided for in paragraph (f)
1789-
1790-
1791-of this Section shall be administered jointly with the Special
1792-Fund provided for in Section 7, paragraph (f) of the Workers'
1793-Occupational Diseases Act.
1794-(g) All compensation, except for burial expenses provided
1795-in this Section to be paid in case accident results in death,
1796-shall be paid in installments equal to the percentage of the
1797-average earnings as provided for in Section 8, paragraph (b)
1798-of this Act, at the same intervals at which the wages or
1799-earnings of the employees were paid. If this is not feasible,
1800-then the installments shall be paid weekly. Such compensation
1801-may be paid in a lump sum upon petition as provided in Section
1802-9 of this Act. However, in addition to the benefits provided by
1803-Section 9 of this Act where compensation for death is payable
1804-to the deceased's widow, widower or to the deceased's widow,
1805-widower and one or more children, and where a partial lump sum
1806-is applied for by such beneficiary or beneficiaries within 18
1807-months after the deceased's death, the Commission may, in its
1808-discretion, grant a partial lump sum of not to exceed 100 weeks
1809-of the compensation capitalized at their present value upon
1810-the basis of interest calculated at 3% per annum with annual
1811-rests, upon a showing that such partial lump sum is for the
1812-best interest of such beneficiary or beneficiaries.
1813-(h) In case the injured employee is under 16 years of age
1814-at the time of the accident and is illegally employed, the
1815-amount of compensation payable under paragraphs (a), (b), (c),
1816-(d) and (f) of this Section shall be increased 50%.
1817-
1818-
1819-Nothing herein contained repeals or amends the provisions
1820-of the Child Labor Law relating to the employment of minors
1821-under the age of 16 years.
1822-However, where an employer has on file an employment
1823-certificate issued pursuant to the Child Labor Law or work
1824-permit issued pursuant to the Federal Fair Labor Standards
1825-Act, as amended, or a birth certificate properly and duly
1826-issued, such certificate, permit or birth certificate is
1827-conclusive evidence as to the age of the injured minor
1828-employee for the purposes of this Section only.
1829-(i) Whenever the dependents of a deceased employee are
1830-noncitizens not residing in the United States, Mexico or
1831-Canada, the amount of compensation payable is limited to the
1832-beneficiaries described in paragraphs (a), (b) and (c) of this
1833-Section and is 50% of the compensation provided in paragraphs
1834-(a), (b) and (c) of this Section, except as otherwise provided
1835-by treaty.
1836-In a case where any of the persons who would be entitled to
1837-compensation is living at any place outside of the United
1838-States, then payment shall be made to the personal
1839-representative of the deceased employee. The distribution by
1840-such personal representative to the persons entitled shall be
1841-made to such persons and in such manner as the Commission
1842-orders.
1843-(Source: P.A. 102-1030, eff. 5-27-22.)
1844-
1845-
1846-(820 ILCS 305/19) (from Ch. 48, par. 138.19)
1847-Sec. 19. Any disputed questions of law or fact shall be
1848-determined as herein provided.
1849-(a) It shall be the duty of the Commission upon
1850-notification that the parties have failed to reach an
1851-agreement, to designate an Arbitrator.
1852-1. Whenever any claimant misconceives his remedy and
1853-files an application for adjustment of claim under this
1854-Act and it is subsequently discovered, at any time before
1855-final disposition of such cause, that the claim for
1856-disability or death which was the basis for such
1857-application should properly have been made under the
1858-Workers' Occupational Diseases Act, then the provisions of
1859-Section 19, paragraph (a-1) of the Workers' Occupational
1860-Diseases Act having reference to such application shall
1861-apply.
1862-2. Whenever any claimant misconceives his remedy and
1863-files an application for adjustment of claim under the
1864-Workers' Occupational Diseases Act and it is subsequently
1865-discovered, at any time before final disposition of such
1866-cause that the claim for injury or death which was the
1867-basis for such application should properly have been made
1868-under this Act, then the application so filed under the
1869-Workers' Occupational Diseases Act may be amended in form,
1870-substance or both to assert claim for such disability or
1871-death under this Act and it shall be deemed to have been so
1872-
1873-
1874-filed as amended on the date of the original filing
1875-thereof, and such compensation may be awarded as is
1876-warranted by the whole evidence pursuant to this Act. When
1877-such amendment is submitted, further or additional
1878-evidence may be heard by the Arbitrator or Commission when
1879-deemed necessary. Nothing in this Section contained shall
1880-be construed to be or permit a waiver of any provisions of
1881-this Act with reference to notice but notice if given
1882-shall be deemed to be a notice under the provisions of this
1883-Act if given within the time required herein.
1884-(b) The Arbitrator shall make such inquiries and
1885-investigations as he or they shall deem necessary and may
1886-examine and inspect all books, papers, records, places, or
1887-premises relating to the questions in dispute and hear such
1888-proper evidence as the parties may submit.
1889-The hearings before the Arbitrator shall be held in the
1890-vicinity where the injury occurred after 10 days' notice of
1891-the time and place of such hearing shall have been given to
1892-each of the parties or their attorneys of record.
1893-The Arbitrator may find that the disabling condition is
1894-temporary and has not yet reached a permanent condition and
1895-may order the payment of compensation up to the date of the
1896-hearing, which award shall be reviewable and enforceable in
1897-the same manner as other awards, and in no instance be a bar to
1898-a further hearing and determination of a further amount of
1899-temporary total compensation or of compensation for permanent
1900-
1901-
1902-disability, but shall be conclusive as to all other questions
1903-except the nature and extent of said disability.
1904-The decision of the Arbitrator shall be filed with the
1905-Commission which Commission shall immediately send to each
1906-party or his attorney a copy of such decision, together with a
1907-notification of the time when it was filed. As of the effective
1908-date of this amendatory Act of the 94th General Assembly, all
1909-decisions of the Arbitrator shall set forth in writing
1910-findings of fact and conclusions of law, separately stated, if
1911-requested by either party. Unless a petition for review is
1912-filed by either party within 30 days after the receipt by such
1913-party of the copy of the decision and notification of time when
1914-filed, and unless such party petitioning for a review shall
1915-within 35 days after the receipt by him of the copy of the
1916-decision, file with the Commission either an agreed statement
1917-of the facts appearing upon the hearing before the Arbitrator,
1918-or if such party shall so elect a correct transcript of
1919-evidence of the proceedings at such hearings, then the
1920-decision shall become the decision of the Commission and in
1921-the absence of fraud shall be conclusive. The Petition for
1922-Review shall contain a statement of the petitioning party's
1923-specific exceptions to the decision of the arbitrator. The
1924-jurisdiction of the Commission to review the decision of the
1925-arbitrator shall not be limited to the exceptions stated in
1926-the Petition for Review. The Commission, or any member
1927-thereof, may grant further time not exceeding 30 days, in
1928-
1929-
1930-which to file such agreed statement or transcript of evidence.
1931-Such agreed statement of facts or correct transcript of
1932-evidence, as the case may be, shall be authenticated by the
1933-signatures of the parties or their attorneys, and in the event
1934-they do not agree as to the correctness of the transcript of
1935-evidence it shall be authenticated by the signature of the
1936-Arbitrator designated by the Commission.
1937-Whether the employee is working or not, if the employee is
1938-not receiving or has not received medical, surgical, or
1939-hospital services or other services or compensation as
1940-provided in paragraph (a) of Section 8, or compensation as
1941-provided in paragraph (b) of Section 8, the employee may at any
1942-time petition for an expedited hearing by an Arbitrator on the
1943-issue of whether or not he or she is entitled to receive
1944-payment of the services or compensation. Provided the employer
1945-continues to pay compensation pursuant to paragraph (b) of
1946-Section 8, the employer may at any time petition for an
1947-expedited hearing on the issue of whether or not the employee
1948-is entitled to receive medical, surgical, or hospital services
1949-or other services or compensation as provided in paragraph (a)
1950-of Section 8, or compensation as provided in paragraph (b) of
1951-Section 8. When an employer has petitioned for an expedited
1952-hearing, the employer shall continue to pay compensation as
1953-provided in paragraph (b) of Section 8 unless the arbitrator
1954-renders a decision that the employee is not entitled to the
1955-benefits that are the subject of the expedited hearing or
1956-
1957-
1958-unless the employee's treating physician has released the
1959-employee to return to work at his or her regular job with the
1960-employer or the employee actually returns to work at any other
1961-job. If the arbitrator renders a decision that the employee is
1962-not entitled to the benefits that are the subject of the
1963-expedited hearing, a petition for review filed by the employee
1964-shall receive the same priority as if the employee had filed a
1965-petition for an expedited hearing by an Arbitrator. Neither
1966-party shall be entitled to an expedited hearing when the
1967-employee has returned to work and the sole issue in dispute
1968-amounts to less than 12 weeks of unpaid compensation pursuant
1969-to paragraph (b) of Section 8.
1970-Expedited hearings shall have priority over all other
1971-petitions and shall be heard by the Arbitrator and Commission
1972-with all convenient speed. Any party requesting an expedited
1973-hearing shall give notice of a request for an expedited
1974-hearing under this paragraph. A copy of the Application for
1975-Adjustment of Claim shall be attached to the notice. The
1976-Commission shall adopt rules and procedures under which the
1977-final decision of the Commission under this paragraph is filed
1978-not later than 180 days from the date that the Petition for
1979-Review is filed with the Commission.
1980-Where 2 or more insurance carriers, private self-insureds,
1981-or a group workers' compensation pool under Article V 3/4 of
1982-the Illinois Insurance Code dispute coverage for the same
1983-injury, any such insurance carrier, private self-insured, or
1984-
1985-
1986-group workers' compensation pool may request an expedited
1987-hearing pursuant to this paragraph to determine the issue of
1988-coverage, provided coverage is the only issue in dispute and
1989-all other issues are stipulated and agreed to and further
1990-provided that all compensation benefits including medical
1991-benefits pursuant to Section 8(a) continue to be paid to or on
1992-behalf of petitioner. Any insurance carrier, private
1993-self-insured, or group workers' compensation pool that is
1994-determined to be liable for coverage for the injury in issue
1995-shall reimburse any insurance carrier, private self-insured,
1996-or group workers' compensation pool that has paid benefits to
1997-or on behalf of petitioner for the injury.
1998-(b-1) If the employee is not receiving medical, surgical
1999-or hospital services as provided in paragraph (a) of Section 8
2000-or compensation as provided in paragraph (b) of Section 8, the
2001-employee, in accordance with Commission Rules, may file a
2002-petition for an emergency hearing by an Arbitrator on the
2003-issue of whether or not he is entitled to receive payment of
2004-such compensation or services as provided therein. Such
2005-petition shall have priority over all other petitions and
2006-shall be heard by the Arbitrator and Commission with all
2007-convenient speed.
2008-Such petition shall contain the following information and
2009-shall be served on the employer at least 15 days before it is
2010-filed:
2011-(i) the date and approximate time of accident;
2012-
2013-
2014-(ii) the approximate location of the accident;
2015-(iii) a description of the accident;
2016-(iv) the nature of the injury incurred by the
2017-employee;
2018-(v) the identity of the person, if known, to whom the
2019-accident was reported and the date on which it was
2020-reported;
2021-(vi) the name and title of the person, if known,
2022-representing the employer with whom the employee conferred
2023-in any effort to obtain compensation pursuant to paragraph
2024-(b) of Section 8 of this Act or medical, surgical or
2025-hospital services pursuant to paragraph (a) of Section 8
2026-of this Act and the date of such conference;
2027-(vii) a statement that the employer has refused to pay
2028-compensation pursuant to paragraph (b) of Section 8 of
2029-this Act or for medical, surgical or hospital services
2030-pursuant to paragraph (a) of Section 8 of this Act;
2031-(viii) the name and address, if known, of each witness
2032-to the accident and of each other person upon whom the
2033-employee will rely to support his allegations;
2034-(ix) the dates of treatment related to the accident by
2035-medical practitioners, and the names and addresses of such
2036-practitioners, including the dates of treatment related to
2037-the accident at any hospitals and the names and addresses
2038-of such hospitals, and a signed authorization permitting
2039-the employer to examine all medical records of all
2040-
2041-
2042-practitioners and hospitals named pursuant to this
2043-paragraph;
2044-(x) a copy of a signed report by a medical
2045-practitioner, relating to the employee's current inability
2046-to return to work because of the injuries incurred as a
2047-result of the accident or such other documents or
2048-affidavits which show that the employee is entitled to
2049-receive compensation pursuant to paragraph (b) of Section
2050-8 of this Act or medical, surgical or hospital services
2051-pursuant to paragraph (a) of Section 8 of this Act. Such
2052-reports, documents or affidavits shall state, if possible,
2053-the history of the accident given by the employee, and
2054-describe the injury and medical diagnosis, the medical
2055-services for such injury which the employee has received
2056-and is receiving, the physical activities which the
2057-employee cannot currently perform as a result of any
2058-impairment or disability due to such injury, and the
2059-prognosis for recovery;
2060-(xi) complete copies of any reports, records,
2061-documents and affidavits in the possession of the employee
2062-on which the employee will rely to support his
2063-allegations, provided that the employer shall pay the
2064-reasonable cost of reproduction thereof;
2065-(xii) a list of any reports, records, documents and
2066-affidavits which the employee has demanded by subpoena and
2067-on which he intends to rely to support his allegations;
2068-
2069-
2070-(xiii) a certification signed by the employee or his
2071-representative that the employer has received the petition
2072-with the required information 15 days before filing.
2073-Fifteen days after receipt by the employer of the petition
2074-with the required information the employee may file said
2075-petition and required information and shall serve notice of
2076-the filing upon the employer. The employer may file a motion
2077-addressed to the sufficiency of the petition. If an objection
2078-has been filed to the sufficiency of the petition, the
2079-arbitrator shall rule on the objection within 2 working days.
2080-If such an objection is filed, the time for filing the final
2081-decision of the Commission as provided in this paragraph shall
2082-be tolled until the arbitrator has determined that the
2083-petition is sufficient.
2084-The employer shall, within 15 days after receipt of the
2085-notice that such petition is filed, file with the Commission
2086-and serve on the employee or his representative a written
2087-response to each claim set forth in the petition, including
2088-the legal and factual basis for each disputed allegation and
2089-the following information: (i) complete copies of any reports,
2090-records, documents and affidavits in the possession of the
2091-employer on which the employer intends to rely in support of
2092-his response, (ii) a list of any reports, records, documents
2093-and affidavits which the employer has demanded by subpoena and
2094-on which the employer intends to rely in support of his
2095-response, (iii) the name and address of each witness on whom
2096-
2097-
2098-the employer will rely to support his response, and (iv) the
2099-names and addresses of any medical practitioners selected by
2100-the employer pursuant to Section 12 of this Act and the time
2101-and place of any examination scheduled to be made pursuant to
2102-such Section.
2103-Any employer who does not timely file and serve a written
2104-response without good cause may not introduce any evidence to
2105-dispute any claim of the employee but may cross examine the
2106-employee or any witness brought by the employee and otherwise
2107-be heard.
2108-No document or other evidence not previously identified by
2109-either party with the petition or written response, or by any
2110-other means before the hearing, may be introduced into
2111-evidence without good cause. If, at the hearing, material
2112-information is discovered which was not previously disclosed,
2113-the Arbitrator may extend the time for closing proof on the
2114-motion of a party for a reasonable period of time which may be
2115-more than 30 days. No evidence may be introduced pursuant to
2116-this paragraph as to permanent disability. No award may be
2117-entered for permanent disability pursuant to this paragraph.
2118-Either party may introduce into evidence the testimony taken
2119-by deposition of any medical practitioner.
2120-The Commission shall adopt rules, regulations and
2121-procedures whereby the final decision of the Commission is
2122-filed not later than 90 days from the date the petition for
2123-review is filed but in no event later than 180 days from the
2124-
2125-
2126-date the petition for an emergency hearing is filed with the
2127-Illinois Workers' Compensation Commission.
2128-All service required pursuant to this paragraph (b-1) must
2129-be by personal service or by certified mail and with evidence
2130-of receipt. In addition for the purposes of this paragraph,
2131-all service on the employer must be at the premises where the
2132-accident occurred if the premises are owned or operated by the
2133-employer. Otherwise service must be at the employee's
2134-principal place of employment by the employer. If service on
2135-the employer is not possible at either of the above, then
2136-service shall be at the employer's principal place of
2137-business. After initial service in each case, service shall be
2138-made on the employer's attorney or designated representative.
2139-(c)(1) At a reasonable time in advance of and in
2140-connection with the hearing under Section 19(e) or 19(h), the
2141-Commission may on its own motion order an impartial physical
2142-or mental examination of a petitioner whose mental or physical
2143-condition is in issue, when in the Commission's discretion it
2144-appears that such an examination will materially aid in the
2145-just determination of the case. The examination shall be made
2146-by a member or members of a panel of physicians chosen for
2147-their special qualifications by the Illinois State Medical
2148-Society. The Commission shall establish procedures by which a
2149-physician shall be selected from such list.
2150-(2) Should the Commission at any time during the hearing
2151-find that compelling considerations make it advisable to have
2152-
2153-
2154-an examination and report at that time, the commission may in
2155-its discretion so order.
2156-(3) A copy of the report of examination shall be given to
2157-the Commission and to the attorneys for the parties.
2158-(4) Either party or the Commission may call the examining
2159-physician or physicians to testify. Any physician so called
2160-shall be subject to cross-examination.
2161-(5) The examination shall be made, and the physician or
2162-physicians, if called, shall testify, without cost to the
2163-parties. The Commission shall determine the compensation and
2164-the pay of the physician or physicians. The compensation for
2165-this service shall not exceed the usual and customary amount
2166-for such service.
2167-(6) The fees and payment thereof of all attorneys and
2168-physicians for services authorized by the Commission under
2169-this Act shall, upon request of either the employer or the
2170-employee or the beneficiary affected, be subject to the review
2171-and decision of the Commission.
2172-(d) If any employee shall persist in insanitary or
2173-injurious practices which tend to either imperil or retard his
2174-recovery or shall refuse to submit to such medical, surgical,
2175-or hospital treatment as is reasonably essential to promote
2176-his recovery, the Commission may, in its discretion, reduce or
2177-suspend the compensation of any such injured employee.
2178-However, when an employer and employee so agree in writing,
2179-the foregoing provision shall not be construed to authorize
2180-
2181-
2182-the reduction or suspension of compensation of an employee who
2183-is relying in good faith, on treatment by prayer or spiritual
2184-means alone, in accordance with the tenets and practice of a
2185-recognized church or religious denomination, by a duly
2186-accredited practitioner thereof.
2187-(e) This paragraph shall apply to all hearings before the
2188-Commission. Such hearings may be held in its office or
2189-elsewhere as the Commission may deem advisable. The taking of
2190-testimony on such hearings may be had before any member of the
2191-Commission. If a petition for review and agreed statement of
2192-facts or transcript of evidence is filed, as provided herein,
2193-the Commission shall promptly review the decision of the
2194-Arbitrator and all questions of law or fact which appear from
2195-the statement of facts or transcript of evidence.
2196-In all cases in which the hearing before the arbitrator is
2197-held after December 18, 1989, no additional evidence shall be
2198-introduced by the parties before the Commission on review of
2199-the decision of the Arbitrator. In reviewing decisions of an
2200-arbitrator the Commission shall award such temporary
2201-compensation, permanent compensation and other payments as are
2202-due under this Act. The Commission shall file in its office its
2203-decision thereon, and shall immediately send to each party or
2204-his attorney a copy of such decision and a notification of the
2205-time when it was filed. Decisions shall be filed within 60 days
2206-after the Statement of Exceptions and Supporting Brief and
2207-Response thereto are required to be filed or oral argument
2208-
2209-
2210-whichever is later.
2211-In the event either party requests oral argument, such
2212-argument shall be had before a panel of 3 members of the
2213-Commission (or before all available members pursuant to the
2214-determination of 7 members of the Commission that such
2215-argument be held before all available members of the
2216-Commission) pursuant to the rules and regulations of the
2217-Commission. A panel of 3 members, which shall be comprised of
2218-not more than one representative citizen of the employing
2219-class and not more than one representative from a labor
2220-organization recognized under the National Labor Relations Act
2221-or an attorney who has represented labor organizations or has
2222-represented employees in workers' compensation cases, shall
2223-hear the argument; provided that if all the issues in dispute
2224-are solely the nature and extent of the permanent partial
2225-disability, if any, a majority of the panel may deny the
2226-request for such argument and such argument shall not be held;
2227-and provided further that 7 members of the Commission may
2228-determine that the argument be held before all available
2229-members of the Commission. A decision of the Commission shall
2230-be approved by a majority of Commissioners present at such
2231-hearing if any; provided, if no such hearing is held, a
2232-decision of the Commission shall be approved by a majority of a
2233-panel of 3 members of the Commission as described in this
2234-Section. The Commission shall give 10 days' notice to the
2235-parties or their attorneys of the time and place of such taking
2236-
2237-
2238-of testimony and of such argument.
2239-In any case the Commission in its decision may find
2240-specially upon any question or questions of law or fact which
2241-shall be submitted in writing by either party whether ultimate
2242-or otherwise; provided that on issues other than nature and
2243-extent of the disability, if any, the Commission in its
2244-decision shall find specially upon any question or questions
2245-of law or fact, whether ultimate or otherwise, which are
2246-submitted in writing by either party; provided further that
2247-not more than 5 such questions may be submitted by either
2248-party. Any party may, within 20 days after receipt of notice of
2249-the Commission's decision, or within such further time, not
2250-exceeding 30 days, as the Commission may grant, file with the
2251-Commission either an agreed statement of the facts appearing
2252-upon the hearing, or, if such party shall so elect, a correct
2253-transcript of evidence of the additional proceedings presented
2254-before the Commission, in which report the party may embody a
2255-correct statement of such other proceedings in the case as
2256-such party may desire to have reviewed, such statement of
2257-facts or transcript of evidence to be authenticated by the
2258-signature of the parties or their attorneys, and in the event
2259-that they do not agree, then the authentication of such
2260-transcript of evidence shall be by the signature of any member
2261-of the Commission.
2262-If a reporter does not for any reason furnish a transcript
2263-of the proceedings before the Arbitrator in any case for use on
2264-
2265-
2266-a hearing for review before the Commission, within the
2267-limitations of time as fixed in this Section, the Commission
2268-may, in its discretion, order a trial de novo before the
2269-Commission in such case upon application of either party. The
2270-applications for adjustment of claim and other documents in
2271-the nature of pleadings filed by either party, together with
2272-the decisions of the Arbitrator and of the Commission and the
2273-statement of facts or transcript of evidence hereinbefore
2274-provided for in paragraphs (b) and (c) shall be the record of
2275-the proceedings of the Commission, and shall be subject to
2276-review as hereinafter provided.
2277-At the request of either party or on its own motion, the
2278-Commission shall set forth in writing the reasons for the
2279-decision, including findings of fact and conclusions of law
2280-separately stated. The Commission shall by rule adopt a format
2281-for written decisions for the Commission and arbitrators. The
2282-written decisions shall be concise and shall succinctly state
2283-the facts and reasons for the decision. The Commission may
2284-adopt in whole or in part, the decision of the arbitrator as
2285-the decision of the Commission. When the Commission does so
2286-adopt the decision of the arbitrator, it shall do so by order.
2287-Whenever the Commission adopts part of the arbitrator's
2288-decision, but not all, it shall include in the order the
2289-reasons for not adopting all of the arbitrator's decision.
2290-When a majority of a panel, after deliberation, has arrived at
2291-its decision, the decision shall be filed as provided in this
2292-
2293-
2294-Section without unnecessary delay, and without regard to the
2295-fact that a member of the panel has expressed an intention to
2296-dissent. Any member of the panel may file a dissent. Any
2297-dissent shall be filed no later than 10 days after the decision
2298-of the majority has been filed.
2299-Decisions rendered by the Commission and dissents, if any,
2300-shall be published together by the Commission. The conclusions
2301-of law set out in such decisions shall be regarded as
2302-precedents by arbitrators for the purpose of achieving a more
2303-uniform administration of this Act.
2304-(f) The decision of the Commission acting within its
2305-powers, according to the provisions of paragraph (d) of
2306-Section 4 and paragraph (e) of this Section shall, in the
2307-absence of fraud, be conclusive unless reviewed as in this
2308-paragraph hereinafter provided. However, the Arbitrator or the
2309-Commission may on his or its own motion, or on the motion of
2310-either party, correct any clerical error or errors in
2311-computation within 15 days after the date of receipt of any
2312-award by such Arbitrator or any decision on review of the
2313-Commission and shall have the power to recall the original
2314-award on arbitration or decision on review, and issue in lieu
2315-thereof such corrected award or decision. Where such
2316-correction is made the time for review herein specified shall
2317-begin to run from the date of the receipt of the corrected
2318-award or decision.
2319-(1) Except in cases of claims against the State of
2320-
2321-
2322-Illinois other than those claims under Section 18.1, in
2323-which case the decision of the Commission shall not be
2324-subject to judicial review, the Circuit Court of the
2325-county where any of the parties defendant may be found, or
2326-if none of the parties defendant can be found in this State
2327-then the Circuit Court of the county where the accident
2328-occurred, shall by summons to the Commission have power to
2329-review all questions of law and fact presented by such
2330-record.
2331-A proceeding for review shall be commenced within 20
2332-days of the receipt of notice of the decision of the
2333-Commission. The summons shall be issued by the clerk of
2334-such court upon written request returnable on a designated
2335-return day, not less than 10 or more than 60 days from the
2336-date of issuance thereof, and the written request shall
2337-contain the last known address of other parties in
2338-interest and their attorneys of record who are to be
2339-served by summons. Service upon any member of the
2340-Commission or the Secretary or the Assistant Secretary
2341-thereof shall be service upon the Commission, and service
2342-upon other parties in interest and their attorneys of
2343-record shall be by summons, and such service shall be made
2344-upon the Commission and other parties in interest by
2345-mailing notices of the commencement of the proceedings and
2346-the return day of the summons to the office of the
2347-Commission and to the last known place of residence of
2348-
2349-
2350-other parties in interest or their attorney or attorneys
2351-of record. The clerk of the court issuing the summons
2352-shall on the day of issue mail notice of the commencement
2353-of the proceedings which shall be done by mailing a copy of
2354-the summons to the office of the Commission, and a copy of
2355-the summons to the other parties in interest or their
2356-attorney or attorneys of record and the clerk of the court
2357-shall make certificate that he has so sent said notices in
2358-pursuance of this Section, which shall be evidence of
2359-service on the Commission and other parties in interest.
2360-The Commission shall not be required to certify the
2361-record of their proceedings to the Circuit Court, unless
2362-the party commencing the proceedings for review in the
2363-Circuit Court as above provided, shall file with the
2364-Commission notice of intent to file for review in Circuit
2365-Court. It shall be the duty of the Commission upon such
2366-filing of notice of intent to file for review in the
2367-Circuit Court to prepare a true and correct copy of such
2368-testimony and a true and correct copy of all other matters
2369-contained in such record and certified to by the Secretary
2370-or Assistant Secretary thereof. The changes made to this
2371-subdivision (f)(1) by this amendatory Act of the 98th
2372-General Assembly apply to any Commission decision entered
2373-after the effective date of this amendatory Act of the
2374-98th General Assembly.
2375-No request for a summons may be filed and no summons
2376-
2377-
2378-shall issue unless the party seeking to review the
2379-decision of the Commission shall exhibit to the clerk of
2380-the Circuit Court proof of filing with the Commission of
2381-the notice of the intent to file for review in the Circuit
2382-Court or an affidavit of the attorney setting forth that
2383-notice of intent to file for review in the Circuit Court
2384-has been given in writing to the Secretary or Assistant
2385-Secretary of the Commission.
2386-(2) No such summons shall issue unless the one against
2387-whom the Commission shall have rendered an award for the
2388-payment of money shall upon the filing of his written
2389-request for such summons file with the clerk of the court a
2390-bond conditioned that if he shall not successfully
2391-prosecute the review, he will pay the award and the costs
2392-of the proceedings in the courts. The amount of the bond
2393-shall be fixed by any member of the Commission and the
2394-surety or sureties of the bond shall be approved by the
2395-clerk of the court. The acceptance of the bond by the clerk
2396-of the court shall constitute evidence of his approval of
2397-the bond.
2398-The following shall not be required to file a bond to
2399-secure the payment of the award and the costs of the
2400-proceedings in the court to authorize the court to issue
2401-such summons:
2402-(1) the State Treasurer, for a fund administered
2403-by the State Treasurer ex officio against whom the
2404-
2405-
2406-Commission shall have rendered an award for the
2407-payment of money; and
2408-(2) a county, city, town, township, incorporated
2409-village, school district, body politic, or municipal
2410-corporation against whom the Commission shall have
2411-rendered an award for the payment of money.
2412-The court may confirm or set aside the decision of the
2413-Commission. If the decision is set aside and the facts
2414-found in the proceedings before the Commission are
2415-sufficient, the court may enter such decision as is
2416-justified by law, or may remand the cause to the
2417-Commission for further proceedings and may state the
2418-questions requiring further hearing, and give such other
2419-instructions as may be proper. If the court affirms the
2420-Commission's decision imposing fines on the employer under
2421-subsection (d) of Section 4, the court shall enter
2422-judgment against the employer in the amount of the fines
2423-assessed by the Commission. Appeals shall be taken to the
2424-Appellate Court in accordance with Supreme Court Rules
2425-22(g) and 303. Appeals shall be taken from the Appellate
2426-Court to the Supreme Court in accordance with Supreme
2427-Court Rule 315.
2428-It shall be the duty of the clerk of any court
2429-rendering a decision affecting or affirming an award of
2430-the Commission to promptly furnish the Commission with a
2431-copy of such decision, without charge.
2432-
2433-
2434-The decision of a majority of the members of the panel
2435-of the Commission, shall be considered the decision of the
2436-Commission.
2437-(g) Except in the case of a claim against the State of
2438-Illinois, either party may present a certified copy of the
2439-award of the Arbitrator, or a certified copy of the decision of
2440-the Commission when the same has become final, when no
2441-proceedings for review are pending, providing for the payment
2442-of compensation according to this Act, to the Circuit Court of
2443-the county in which such accident occurred or either of the
2444-parties are residents, whereupon the court shall enter a
2445-judgment in accordance therewith. In a case where the employer
2446-refuses to pay compensation according to such final award or
2447-such final decision upon which such judgment is entered the
2448-court shall in entering judgment thereon, tax as costs against
2449-him the reasonable costs and attorney fees in the arbitration
2450-proceedings and in the court entering the judgment for the
2451-person in whose favor the judgment is entered, which judgment
2452-and costs taxed as therein provided shall, until and unless
2453-set aside, have the same effect as though duly entered in an
2454-action duly tried and determined by the court, and shall with
2455-like effect, be entered and docketed. The Circuit Court shall
2456-have power at any time upon application to make any such
2457-judgment conform to any modification required by any
2458-subsequent decision of the Supreme Court upon appeal, or as
2459-the result of any subsequent proceedings for review, as
2460-
2461-
2462-provided in this Act.
2463-Judgment shall not be entered until 15 days' notice of the
2464-time and place of the application for the entry of judgment
2465-shall be served upon the employer by filing such notice with
2466-the Commission, which Commission shall, in case it has on file
2467-the address of the employer or the name and address of its
2468-agent upon whom notices may be served, immediately send a copy
2469-of the notice to the employer or such designated agent.
2470-(h) An agreement or award under this Act providing for
2471-compensation in installments, may at any time within 18 months
2472-after such agreement or award be reviewed by the Commission at
2473-the request of either the employer or the employee, on the
2474-ground that the disability of the employee has subsequently
2475-recurred, increased, diminished or ended.
2476-However, as to accidents occurring subsequent to July 1,
2477-1955, which are covered by any agreement or award under this
2478-Act providing for compensation in installments made as a
2479-result of such accident, such agreement or award may at any
2480-time within 30 months, or 60 months in the case of an award
2481-under Section 8(d)1, after such agreement or award be reviewed
2482-by the Commission at the request of either the employer or the
2483-employee on the ground that the disability of the employee has
2484-subsequently recurred, increased, diminished or ended.
2485-On such review, compensation payments may be
2486-re-established, increased, diminished or ended. The Commission
2487-shall give 15 days' notice to the parties of the hearing for
2488-
2489-
2490-review. Any employee, upon any petition for such review being
2491-filed by the employer, shall be entitled to one day's notice
2492-for each 100 miles necessary to be traveled by him in attending
2493-the hearing of the Commission upon the petition, and 3 days in
2494-addition thereto. Such employee shall, at the discretion of
2495-the Commission, also be entitled to 5 cents per mile
2496-necessarily traveled by him within the State of Illinois in
2497-attending such hearing, not to exceed a distance of 300 miles,
2498-to be taxed by the Commission as costs and deposited with the
2499-petition of the employer.
2500-When compensation which is payable in accordance with an
2501-award or settlement contract approved by the Commission, is
2502-ordered paid in a lump sum by the Commission, no review shall
2503-be had as in this paragraph mentioned.
2504-(i) Each party, upon taking any proceedings or steps
2505-whatsoever before any Arbitrator, Commission or court, shall
2506-file with the Commission his address, or the name and address
2507-of any agent upon whom all notices to be given to such party
2508-shall be served, either personally or by registered mail,
2509-addressed to such party or agent at the last address so filed
2510-with the Commission. In the event such party has not filed his
2511-address, or the name and address of an agent as above provided,
2512-service of any notice may be had by filing such notice with the
2513-Commission.
2514-(j) Whenever in any proceeding testimony has been taken or
2515-a final decision has been rendered and after the taking of such
2516-
2517-
2518-testimony or after such decision has become final, the injured
2519-employee dies, then in any subsequent proceedings brought by
2520-the personal representative or beneficiaries of the deceased
2521-employee, such testimony in the former proceeding may be
2522-introduced with the same force and effect as though the
2523-witness having so testified were present in person in such
2524-subsequent proceedings and such final decision, if any, shall
2525-be taken as final adjudication of any of the issues which are
2526-the same in both proceedings.
2527-(k) In case where there has been any unreasonable or
2528-vexatious delay of payment or intentional underpayment of
2529-compensation, or proceedings have been instituted or carried
2530-on by the one liable to pay the compensation, which do not
2531-present a real controversy, but are merely frivolous or for
2532-delay, then the Commission may award compensation additional
2533-to that otherwise payable under this Act equal to 50% of the
2534-amount payable at the time of such award. Failure to pay
2535-compensation in accordance with the provisions of Section 8,
2536-paragraph (b) of this Act, shall be considered unreasonable
2537-delay.
2538-When determining whether this subsection (k) shall apply,
2539-the Commission shall consider whether an Arbitrator has
2540-determined that the claim is not compensable or whether the
2541-employer has made payments under Section 8(j).
2542-(l) If the employee has made written demand for payment of
2543-benefits under Section 8(a) or Section 8(b), the employer
2544-
2545-
2546-shall have 14 days after receipt of the demand to set forth in
2547-writing the reason for the delay. In the case of demand for
2548-payment of medical benefits under Section 8(a), the time for
2549-the employer to respond shall not commence until the
2550-expiration of the allotted 30 days specified under Section
2551-8.2(d). In case the employer or his or her insurance carrier
2552-shall without good and just cause fail, neglect, refuse, or
2553-unreasonably delay the payment of benefits under Section 8(a)
2554-or Section 8(b), the Arbitrator or the Commission shall allow
2555-to the employee additional compensation in the sum of $30 per
2556-day for each day that the benefits under Section 8(a) or
2557-Section 8(b) have been so withheld or refused, not to exceed
2558-$10,000. A delay in payment of 14 days or more shall create a
2559-rebuttable presumption of unreasonable delay.
2560-(m) If the commission finds that an accidental injury was
2561-directly and proximately caused by the employer's wilful
2562-violation of a health and safety standard under the Health and
2563-Safety Act or the Occupational Safety and Health Act in force
2564-at the time of the accident, the arbitrator or the Commission
2565-shall allow to the injured employee or his dependents, as the
2566-case may be, additional compensation equal to 25% of the
2567-amount which otherwise would be payable under the provisions
2568-of this Act exclusive of this paragraph. The additional
2569-compensation herein provided shall be allowed by an
2570-appropriate increase in the applicable weekly compensation
2571-rate.
2572-
2573-
2574-(n) After June 30, 1984, decisions of the Illinois
2575-Workers' Compensation Commission reviewing an award of an
2576-arbitrator of the Commission shall draw interest at a rate
2577-equal to the yield on indebtedness issued by the United States
2578-Government with a 26-week maturity next previously auctioned
2579-on the day on which the decision is filed. Said rate of
2580-interest shall be set forth in the Arbitrator's Decision.
2581-Interest shall be drawn from the date of the arbitrator's
2582-award on all accrued compensation due the employee through the
2583-day prior to the date of payments. However, when an employee
2584-appeals an award of an Arbitrator or the Commission, and the
2585-appeal results in no change or a decrease in the award,
2586-interest shall not further accrue from the date of such
2587-appeal.
2588-The employer or his insurance carrier may tender the
2589-payments due under the award to stop the further accrual of
2590-interest on such award notwithstanding the prosecution by
2591-either party of review, certiorari, appeal to the Supreme
2592-Court or other steps to reverse, vacate or modify the award.
2593-(o) By the 15th day of each month each insurer providing
2594-coverage for losses under this Act shall notify each insured
2595-employer of any compensable claim incurred during the
2596-preceding month and the amounts paid or reserved on the claim
2597-including a summary of the claim and a brief statement of the
2598-reasons for compensability. A cumulative report of all claims
2599-incurred during a calendar year or continued from the previous
2600-
2601-
2602-year shall be furnished to the insured employer by the insurer
2603-within 30 days after the end of that calendar year.
2604-The insured employer may challenge, in proceeding before
2605-the Commission, payments made by the insurer without
2606-arbitration and payments made after a case is determined to be
2607-noncompensable. If the Commission finds that the case was not
2608-compensable, the insurer shall purge its records as to that
2609-employer of any loss or expense associated with the claim,
2610-reimburse the employer for attorneys' fees arising from the
2611-challenge and for any payment required of the employer to the
2612-Rate Adjustment Fund or the Second Injury Fund, and may not
2613-reflect the loss or expense for rate making purposes. The
2614-employee shall not be required to refund the challenged
2615-payment. The decision of the Commission may be reviewed in the
2616-same manner as in arbitrated cases. No challenge may be
2617-initiated under this paragraph more than 3 years after the
2618-payment is made. An employer may waive the right of challenge
2619-under this paragraph on a case by case basis.
2620-(p) After filing an application for adjustment of claim
2621-but prior to the hearing on arbitration the parties may
2622-voluntarily agree to submit such application for adjustment of
2623-claim for decision by an arbitrator under this subsection (p)
2624-where such application for adjustment of claim raises only a
2625-dispute over temporary total disability, permanent partial
2626-disability or medical expenses. Such agreement shall be in
2627-writing in such form as provided by the Commission.
2628-
2629-
2630-Applications for adjustment of claim submitted for decision by
2631-an arbitrator under this subsection (p) shall proceed
2632-according to rule as established by the Commission. The
2633-Commission shall promulgate rules including, but not limited
2634-to, rules to ensure that the parties are adequately informed
2635-of their rights under this subsection (p) and of the voluntary
2636-nature of proceedings under this subsection (p). The findings
2637-of fact made by an arbitrator acting within his or her powers
2638-under this subsection (p) in the absence of fraud shall be
2639-conclusive. However, the arbitrator may on his own motion, or
2640-the motion of either party, correct any clerical errors or
2641-errors in computation within 15 days after the date of receipt
2642-of such award of the arbitrator and shall have the power to
2643-recall the original award on arbitration, and issue in lieu
2644-thereof such corrected award. The decision of the arbitrator
2645-under this subsection (p) shall be considered the decision of
2646-the Commission and proceedings for review of questions of law
2647-arising from the decision may be commenced by either party
2648-pursuant to subsection (f) of Section 19. The Advisory Board
2649-established under Section 13.1 shall compile a list of
2650-certified Commission arbitrators, each of whom shall be
2651-approved by at least 7 members of the Advisory Board. The
2652-chairman shall select 5 persons from such list to serve as
2653-arbitrators under this subsection (p). By agreement, the
2654-parties shall select one arbitrator from among the 5 persons
2655-selected by the chairman except that if the parties do not
2656-
2657-
2658-agree on an arbitrator from among the 5 persons, the parties
2659-may, by agreement, select an arbitrator of the American
2660-Arbitration Association, whose fee shall be paid by the State
2661-in accordance with rules promulgated by the Commission.
2662-Arbitration under this subsection (p) shall be voluntary.
2663-(Source: P.A. 101-384, eff. 1-1-20; 102-775, eff. 5-13-22.)
2664-(820 ILCS 305/25.5)
2665-Sec. 25.5. Unlawful acts; penalties.
2666-(a) It is unlawful for any person, company, corporation,
2667-insurance carrier, healthcare provider, or other entity to:
2668-(1) Intentionally present or cause to be presented any
2669-false or fraudulent claim for the payment of any workers'
2670-compensation benefit.
2671-(2) Intentionally make or cause to be made any false
2672-or fraudulent material statement or material
2673-representation for the purpose of obtaining or denying any
2674-workers' compensation benefit.
2675-(3) Intentionally make or cause to be made any false
2676-or fraudulent statements with regard to entitlement to
2677-workers' compensation benefits with the intent to prevent
2678-an injured worker from making a legitimate claim for any
2679-workers' compensation benefits.
2680-(4) Intentionally prepare or provide an invalid,
2681-false, or counterfeit certificate of insurance as proof of
2682-workers' compensation insurance.
2683-
2684-
2685-(5) Intentionally make or cause to be made any false
2686-or fraudulent material statement or material
2687-representation for the purpose of obtaining workers'
2688-compensation insurance at less than the proper amount for
2689-that insurance.
2690-(6) Intentionally make or cause to be made any false
2691-or fraudulent material statement or material
2692-representation on an initial or renewal self-insurance
2693-application or accompanying financial statement for the
2694-purpose of obtaining self-insurance status or reducing the
2695-amount of security that may be required to be furnished
2696-pursuant to Section 4 of this Act.
2697-(7) Intentionally make or cause to be made any false
2698-or fraudulent material statement to the Department of
2699-Insurance's fraud and insurance non-compliance unit in the
2700-course of an investigation of fraud or insurance
2701-non-compliance.
2702-(8) Intentionally assist, abet, solicit, or conspire
2703-with any person, company, or other entity to commit any of
2704-the acts in paragraph (1), (2), (3), (4), (5), (6), or (7)
2705-of this subsection (a).
2706-(8.5) Intentionally assist, abet, solicit, or conspire
2707-with any person, company, or other entity to commit any of
2708-the acts in paragraph (4) of this subsection (a).
2709-(9) Intentionally present a bill or statement for the
2710-payment for medical services that were not provided.
2711-
2712-
2713-For the purposes of paragraphs (2), (3), (5), (6), (7),
2714-and (9), the term "statement" includes any writing, notice,
2715-proof of injury, bill for services, hospital or doctor records
2716-and reports, or X-ray and test results.
2717-(b) Sentences for violations of paragraphs (1), (2), (3),
2718-(5), (6), (7), (8), and (9) of subsection (a) are as follows:
2719-(1) A violation in which the value of the property
2720-obtained or attempted to be obtained is $300 or less is a
2721-Class A misdemeanor.
2722-(2) A violation in which the value of the property
2723-obtained or attempted to be obtained is more than $300 but
2724-not more than $10,000 is a Class 3 felony.
2725-(3) A violation in which the value of the property
2726-obtained or attempted to be obtained is more than $10,000
2727-but not more than $100,000 is a Class 2 felony.
2728-(4) A violation in which the value of the property
2729-obtained or attempted to be obtained is more than $100,000
2730-is a Class 1 felony.
2731-(5) A person convicted under this subsection Section
2732-shall be ordered to pay monetary restitution to the
2733-injured worker, insurance company, or self-insured entity,
2734-or any other person for any financial loss sustained as a
2735-result of a violation of this Section, including any court
2736-costs and attorney fees. An order of restitution also
2737-includes expenses incurred and paid by the State of
2738-Illinois, or an insurance company, a or self-insured
2739-
2740-
2741-entity, an injured worker, or any other person in
2742-connection with any medical evaluation or treatment
2743-services. For the purposes of this subsection, "person"
2744-includes any legal entity created under Section 535 of the
2745-Illinois Insurance Code.
2746-For the purposes of this subsection Section, where the
2747-exact value of property obtained or attempted to be obtained
2748-is either not alleged or is not specifically set by the terms
2749-of a policy of insurance, the value of the property shall be
2750-the fair market replacement value of the property claimed to
2751-be lost, the reasonable costs of reimbursing a vendor or other
2752-claimant for services to be rendered, or both. Notwithstanding
2753-the foregoing, an injured worker, an insurance company,
2754-self-insured entity, or any other person suffering financial
2755-loss sustained as a result of violation of this Section may
2756-seek restitution, including court costs and attorney's fees in
2757-a civil action in a court of competent jurisdiction.
2758-(b-5) Sentences for violations of paragraphs (4) and (8.5)
2759-of
32+SB1996 Enrolled- 2 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 2 - LRB103 28652 SPS 55033 b
33+ SB1996 Enrolled - 2 - LRB103 28652 SPS 55033 b
34+1 Section, be regarded as those of the surviving or new company.
35+2 (b) Beginning (1) Except as provided in subsection (b)(2)
36+3 of this Section, beginning on July 30, 2004 (the effective
37+4 date of Public Act 93-840) and on July 1 of each year
38+5 thereafter through 2023, the Director shall charge an annual
39+6 Illinois Workers' Compensation Commission Operations Fund
40+7 Surcharge from every company subject to subsection (a) of this
41+8 Section equal to 1.01% of its direct written premium for
42+9 insuring employers' liabilities arising under the Workers'
43+10 Compensation Act or Workers' Occupational Diseases Act as
44+11 reported in each company's annual statement filed for the
45+12 previous year as required by Section 136. Within 15 days after
46+13 the effective date of this amendatory Act of the 103rd General
47+14 Assembly and on July 1 of each year thereafter, the Director
48+15 shall charge an annual Illinois Workers' Compensation
49+16 Commission Operations Fund Surcharge from every company
50+17 subject to subsection (a) of this Section equal to 1.092% of
51+18 its direct written premium for insuring employers' liabilities
52+19 arising under the Workers' Compensation Act or Workers'
53+20 Occupational Diseases Act as reported in each company's annual
54+21 statement filed for the previous year as required by Section
55+22 136. The Illinois Workers' Compensation Commission Operations
56+23 Fund Surcharge shall be collected by companies subject to
57+24 subsection (a) of this Section as a separately stated
58+25 surcharge on insured employers at the rate of 1.092% 1.01% of
59+26 direct written premium for the surcharge due in 2024 and each
60+
61+
62+
63+
64+
65+ SB1996 Enrolled - 2 - LRB103 28652 SPS 55033 b
66+
67+
68+SB1996 Enrolled- 3 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 3 - LRB103 28652 SPS 55033 b
69+ SB1996 Enrolled - 3 - LRB103 28652 SPS 55033 b
70+1 year thereafter. The Illinois Workers' Compensation Commission
71+2 Operations Fund Surcharge shall not be collected by companies
72+3 subject to subsection (a) of this Section from any employer
73+4 that self-insures its liabilities arising under the Workers'
74+5 Compensation Act or Workers' Occupational Diseases Act,
75+6 provided that the employer has paid the Illinois Workers'
76+7 Compensation Commission Operations Fund Fee pursuant to
77+8 Section 4d of the Workers' Compensation Act. All sums
78+9 collected by the Department of Insurance under the provisions
79+10 of this Section shall be paid promptly after the receipt of the
80+11 same, accompanied by a detailed statement thereof, into the
81+12 Illinois Workers' Compensation Commission Operations Fund in
82+13 the State treasury.
83+14 (b)(2) (Blank). The surcharge due pursuant to Public Act
84+15 93-840 shall be collected instead of the surcharge due on July
85+16 1, 2004 under Public Act 93-32. Payment of the surcharge due
86+17 under Public Act 93-840 shall discharge the employer's
87+18 obligations due on July 1, 2004.
88+19 (c) In addition to the authority specifically granted
89+20 under Article XXV of this Code, the Director shall have such
90+21 authority to adopt rules or establish forms as may be
91+22 reasonably necessary for purposes of enforcing this Section.
92+23 The Director shall also have authority to defer, waive, or
93+24 abate the surcharge or any penalties imposed by this Section
94+25 if in the Director's opinion the company's solvency and
95+26 ability to meet its insured obligations would be immediately
96+
97+
98+
99+
100+
101+ SB1996 Enrolled - 3 - LRB103 28652 SPS 55033 b
102+
103+
104+SB1996 Enrolled- 4 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 4 - LRB103 28652 SPS 55033 b
105+ SB1996 Enrolled - 4 - LRB103 28652 SPS 55033 b
106+1 threatened by payment of the surcharge due.
107+2 (d) When a company fails to pay the full amount of any
108+3 annual Illinois Workers' Compensation Commission Operations
109+4 Fund Surcharge of $100 or more due under this Section, there
110+5 shall be added to the amount due as a penalty an amount equal
111+6 to 10% of the deficiency for each month or part of a month that
112+7 the deficiency remains unpaid.
113+8 (e) The Department of Insurance may enforce the collection
114+9 of any delinquent payment, penalty, or portion thereof by
115+10 legal action or in any other manner by which the collection of
116+11 debts due the State of Illinois may be enforced under the laws
117+12 of this State.
118+13 (f) Whenever it appears to the satisfaction of the
119+14 Director that a company has paid pursuant to this Act an
120+15 Illinois Workers' Compensation Commission Operations Fund
121+16 Surcharge in an amount in excess of the amount legally
122+17 collectable from the company, the Director shall issue a
123+18 credit memorandum for an amount equal to the amount of such
124+19 overpayment. A credit memorandum may be applied for the 2-year
125+20 period from the date of issuance, against the payment of any
126+21 amount due during that period under the surcharge imposed by
127+22 this Section or, subject to reasonable rule of the Department
128+23 of Insurance including requirement of notification, may be
129+24 assigned to any other company subject to regulation under this
130+25 Act. Any application of credit memoranda after the period
131+26 provided for in this Section is void.
132+
133+
134+
135+
136+
137+ SB1996 Enrolled - 4 - LRB103 28652 SPS 55033 b
138+
139+
140+SB1996 Enrolled- 5 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 5 - LRB103 28652 SPS 55033 b
141+ SB1996 Enrolled - 5 - LRB103 28652 SPS 55033 b
142+1 (g) Annually, the Governor may direct a transfer of up to
143+2 2% of all moneys collected under this Section to the Insurance
144+3 Financial Regulation Fund.
145+4 (Source: P.A. 102-775, eff. 5-13-22.)
146+5 Section 10. The Workers' Compensation Act is amended by
147+6 changing Sections 4, 4a-5, 4d, 7, 19, and 25.5 as follows:
148+7 (820 ILCS 305/4) (from Ch. 48, par. 138.4)
149+8 (Text of Section from P.A. 101-40 and 102-37)
150+9 Sec. 4. (a) Any employer, including but not limited to
151+10 general contractors and their subcontractors, who shall come
152+11 within the provisions of Section 3 of this Act, and any other
153+12 employer who shall elect to provide and pay the compensation
154+13 provided for in this Act shall:
155+14 (1) File with the Commission annually an application
156+15 for approval as a self-insurer which shall include a
157+16 current financial statement, and annually, thereafter, an
158+17 application for renewal of self-insurance, which shall
159+18 include a current financial statement. Said application
160+19 and financial statement shall be signed and sworn to by
161+20 the president or vice president and secretary or assistant
162+21 secretary of the employer if it be a corporation, or by all
163+22 of the partners, if it be a copartnership, or by the owner
164+23 if it be neither a copartnership nor a corporation. All
165+24 initial applications and all applications for renewal of
166+
167+
168+
169+
170+
171+ SB1996 Enrolled - 5 - LRB103 28652 SPS 55033 b
172+
173+
174+SB1996 Enrolled- 6 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 6 - LRB103 28652 SPS 55033 b
175+ SB1996 Enrolled - 6 - LRB103 28652 SPS 55033 b
176+1 self-insurance must be submitted at least 60 days prior to
177+2 the requested effective date of self-insurance. An
178+3 employer may elect to provide and pay compensation as
179+4 provided for in this Act as a member of a group workers'
180+5 compensation pool under Article V 3/4 of the Illinois
181+6 Insurance Code. If an employer becomes a member of a group
182+7 workers' compensation pool, the employer shall not be
183+8 relieved of any obligations imposed by this Act.
184+9 If the sworn application and financial statement of
185+10 any such employer does not satisfy the Commission of the
186+11 financial ability of the employer who has filed it, the
187+12 Commission shall require such employer to,
188+13 (2) Furnish security, indemnity or a bond guaranteeing
189+14 the payment by the employer of the compensation provided
190+15 for in this Act, provided that any such employer whose
191+16 application and financial statement shall not have
192+17 satisfied the commission of his or her financial ability
193+18 and who shall have secured his liability in part by excess
194+19 liability insurance shall be required to furnish to the
195+20 Commission security, indemnity or bond guaranteeing his or
196+21 her payment up to the effective limits of the excess
197+22 coverage, or
198+23 (3) Insure his entire liability to pay such
199+24 compensation in some insurance carrier authorized,
200+25 licensed, or permitted to do such insurance business in
201+26 this State. Every policy of an insurance carrier, insuring
202+
203+
204+
205+
206+
207+ SB1996 Enrolled - 6 - LRB103 28652 SPS 55033 b
208+
209+
210+SB1996 Enrolled- 7 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 7 - LRB103 28652 SPS 55033 b
211+ SB1996 Enrolled - 7 - LRB103 28652 SPS 55033 b
212+1 the payment of compensation under this Act shall cover all
213+2 the employees and the entire compensation liability of the
214+3 insured: Provided, however, that any employer may insure
215+4 his or her compensation liability with 2 or more insurance
216+5 carriers or may insure a part and qualify under subsection
217+6 1, 2, or 4 for the remainder of his or her liability to pay
218+7 such compensation, subject to the following two
219+8 provisions:
220+9 Firstly, the entire compensation liability of the
221+10 employer to employees working at or from one location
222+11 shall be insured in one such insurance carrier or
223+12 shall be self-insured, and
224+13 Secondly, the employer shall submit evidence
225+14 satisfactorily to the Commission that his or her
226+15 entire liability for the compensation provided for in
227+16 this Act will be secured. Any provisions in any
228+17 policy, or in any endorsement attached thereto,
229+18 attempting to limit or modify in any way, the
230+19 liability of the insurance carriers issuing the same
231+20 except as otherwise provided herein shall be wholly
232+21 void.
233+22 Nothing herein contained shall apply to policies of
234+23 excess liability carriage secured by employers who have
235+24 been approved by the Commission as self-insurers, or
236+25 (4) Make some other provision, satisfactory to the
237+26 Commission, for the securing of the payment of
238+
239+
240+
241+
242+
243+ SB1996 Enrolled - 7 - LRB103 28652 SPS 55033 b
244+
245+
246+SB1996 Enrolled- 8 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 8 - LRB103 28652 SPS 55033 b
247+ SB1996 Enrolled - 8 - LRB103 28652 SPS 55033 b
248+1 compensation provided for in this Act, and
249+2 (5) Upon becoming subject to this Act and thereafter
250+3 as often as the Commission may in writing demand, file
251+4 with the Commission in form prescribed by it evidence of
252+5 his or her compliance with the provision of this Section.
253+6 (a-1) Regardless of its state of domicile or its principal
254+7 place of business, an employer shall make payments to its
255+8 insurance carrier or group self-insurance fund, where
256+9 applicable, based upon the premium rates of the situs where
257+10 the work or project is located in Illinois if:
258+11 (A) the employer is engaged primarily in the building
259+12 and construction industry; and
260+13 (B) subdivision (a)(3) of this Section applies to the
261+14 employer or the employer is a member of a group
262+15 self-insurance plan as defined in subsection (1) of
263+16 Section 4a.
264+17 The Illinois Workers' Compensation Commission shall impose
265+18 a penalty upon an employer for violation of this subsection
266+19 (a-1) if:
267+20 (i) the employer is given an opportunity at a hearing
268+21 to present evidence of its compliance with this subsection
269+22 (a-1); and
270+23 (ii) after the hearing, the Commission finds that the
271+24 employer failed to make payments upon the premium rates of
272+25 the situs where the work or project is located in
273+26 Illinois.
274+
275+
276+
277+
278+
279+ SB1996 Enrolled - 8 - LRB103 28652 SPS 55033 b
280+
281+
282+SB1996 Enrolled- 9 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 9 - LRB103 28652 SPS 55033 b
283+ SB1996 Enrolled - 9 - LRB103 28652 SPS 55033 b
284+1 The penalty shall not exceed $1,000 for each day of work
285+2 for which the employer failed to make payments upon the
286+3 premium rates of the situs where the work or project is located
287+4 in Illinois, but the total penalty shall not exceed $50,000
288+5 for each project or each contract under which the work was
289+6 performed.
290+7 Any penalty under this subsection (a-1) must be imposed
291+8 not later than one year after the expiration of the applicable
292+9 limitation period specified in subsection (d) of Section 6 of
293+10 this Act. Penalties imposed under this subsection (a-1) shall
294+11 be deposited into the Illinois Workers' Compensation
295+12 Commission Operations Fund, a special fund that is created in
296+13 the State treasury. Subject to appropriation, moneys in the
297+14 Fund shall be used solely for the operations of the Illinois
298+15 Workers' Compensation Commission, the salaries and benefits of
299+16 the Self-Insurers Advisory Board employees, the operating
300+17 costs of the Self-Insurers Advisory Board, and by the
301+18 Department of Insurance for the purposes authorized in
302+19 subsection (c) of Section 25.5 of this Act.
303+20 (a-2) Every Employee Leasing Company (ELC), as defined in
304+21 Section 15 of the Employee Leasing Company Act, shall at a
305+22 minimum provide the following information to the Commission or
306+23 any entity designated by the Commission regarding each
307+24 workers' compensation insurance policy issued to the ELC:
308+25 (1) Any client company of the ELC listed as an
309+26 additional named insured.
310+
311+
312+
313+
314+
315+ SB1996 Enrolled - 9 - LRB103 28652 SPS 55033 b
316+
317+
318+SB1996 Enrolled- 10 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 10 - LRB103 28652 SPS 55033 b
319+ SB1996 Enrolled - 10 - LRB103 28652 SPS 55033 b
320+1 (2) Any informational schedule attached to the master
321+2 policy that identifies any individual client company's
322+3 name, FEIN, and job location.
323+4 (3) Any certificate of insurance coverage document
324+5 issued to a client company specifying its rights and
325+6 obligations under the master policy that establishes both
326+7 the identity and status of the client, as well as the dates
327+8 of inception and termination of coverage, if applicable.
328+9 (b) The sworn application and financial statement, or
329+10 security, indemnity or bond, or amount of insurance, or other
330+11 provisions, filed, furnished, carried, or made by the
331+12 employer, as the case may be, shall be subject to the approval
332+13 of the Commission.
333+14 Deposits under escrow agreements shall be cash, negotiable
334+15 United States government bonds or negotiable general
335+16 obligation bonds of the State of Illinois. Such cash or bonds
336+17 shall be deposited in escrow with any State or National Bank or
337+18 Trust Company having trust authority in the State of Illinois.
338+19 Upon the approval of the sworn application and financial
339+20 statement, security, indemnity or bond or amount of insurance,
340+21 filed, furnished or carried, as the case may be, the
341+22 Commission shall send to the employer written notice of its
342+23 approval thereof. The certificate of compliance by the
343+24 employer with the provisions of subparagraphs (2) and (3) of
344+25 paragraph (a) of this Section shall be delivered by the
345+26 insurance carrier to the Illinois Workers' Compensation
346+
347+
348+
349+
350+
351+ SB1996 Enrolled - 10 - LRB103 28652 SPS 55033 b
352+
353+
354+SB1996 Enrolled- 11 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 11 - LRB103 28652 SPS 55033 b
355+ SB1996 Enrolled - 11 - LRB103 28652 SPS 55033 b
356+1 Commission within five days after the effective date of the
357+2 policy so certified. The insurance so certified shall cover
358+3 all compensation liability occurring during the time that the
359+4 insurance is in effect and no further certificate need be
360+5 filed in case such insurance is renewed, extended or otherwise
361+6 continued by such carrier. The insurance so certified shall
362+7 not be cancelled or in the event that such insurance is not
363+8 renewed, extended or otherwise continued, such insurance shall
364+9 not be terminated until at least 10 days after receipt by the
365+10 Illinois Workers' Compensation Commission of notice of the
366+11 cancellation or termination of said insurance; provided,
367+12 however, that if the employer has secured insurance from
368+13 another insurance carrier, or has otherwise secured the
369+14 payment of compensation in accordance with this Section, and
370+15 such insurance or other security becomes effective prior to
371+16 the expiration of the 10 days, cancellation or termination
372+17 may, at the option of the insurance carrier indicated in such
373+18 notice, be effective as of the effective date of such other
374+19 insurance or security.
375+20 (c) Whenever the Commission shall find that any
376+21 corporation, company, association, aggregation of individuals,
377+22 reciprocal or interinsurers exchange, or other insurer
378+23 effecting workers' compensation insurance in this State shall
379+24 be insolvent, financially unsound, or unable to fully meet all
380+25 payments and liabilities assumed or to be assumed for
381+26 compensation insurance in this State, or shall practice a
382+
383+
384+
385+
386+
387+ SB1996 Enrolled - 11 - LRB103 28652 SPS 55033 b
388+
389+
390+SB1996 Enrolled- 12 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 12 - LRB103 28652 SPS 55033 b
391+ SB1996 Enrolled - 12 - LRB103 28652 SPS 55033 b
392+1 policy of delay or unfairness toward employees in the
393+2 adjustment, settlement, or payment of benefits due such
394+3 employees, the Commission may after reasonable notice and
395+4 hearing order and direct that such corporation, company,
396+5 association, aggregation of individuals, reciprocal or
397+6 interinsurers exchange, or insurer, shall from and after a
398+7 date fixed in such order discontinue the writing of any such
399+8 workers' compensation insurance in this State. Subject to such
400+9 modification of the order as the Commission may later make on
401+10 review of the order, as herein provided, it shall thereupon be
402+11 unlawful for any such corporation, company, association,
403+12 aggregation of individuals, reciprocal or interinsurers
404+13 exchange, or insurer to effect any workers' compensation
405+14 insurance in this State. A copy of the order shall be served
406+15 upon the Director of Insurance by registered mail. Whenever
407+16 the Commission finds that any service or adjustment company
408+17 used or employed by a self-insured employer or by an insurance
409+18 carrier to process, adjust, investigate, compromise or
410+19 otherwise handle claims under this Act, has practiced or is
411+20 practicing a policy of delay or unfairness toward employees in
412+21 the adjustment, settlement or payment of benefits due such
413+22 employees, the Commission may after reasonable notice and
414+23 hearing order and direct that such service or adjustment
415+24 company shall from and after a date fixed in such order be
416+25 prohibited from processing, adjusting, investigating,
417+26 compromising or otherwise handling claims under this Act.
418+
419+
420+
421+
422+
423+ SB1996 Enrolled - 12 - LRB103 28652 SPS 55033 b
424+
425+
426+SB1996 Enrolled- 13 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 13 - LRB103 28652 SPS 55033 b
427+ SB1996 Enrolled - 13 - LRB103 28652 SPS 55033 b
428+1 Whenever the Commission finds that any self-insured
429+2 employer has practiced or is practicing delay or unfairness
430+3 toward employees in the adjustment, settlement or payment of
431+4 benefits due such employees, the Commission may, after
432+5 reasonable notice and hearing, order and direct that after a
433+6 date fixed in the order such self-insured employer shall be
434+7 disqualified to operate as a self-insurer and shall be
435+8 required to insure his entire liability to pay compensation in
436+9 some insurance carrier authorized, licensed and permitted to
437+10 do such insurance business in this State, as provided in
438+11 subparagraph 3 of paragraph (a) of this Section.
439+12 All orders made by the Commission under this Section shall
440+13 be subject to review by the courts, said review to be taken in
441+14 the same manner and within the same time as provided by Section
442+15 19 of this Act for review of awards and decisions of the
443+16 Commission, upon the party seeking the review filing with the
444+17 clerk of the court to which said review is taken a bond in an
445+18 amount to be fixed and approved by the court to which the
446+19 review is taken, conditioned upon the payment of all
447+20 compensation awarded against the person taking said review
448+21 pending a decision thereof and further conditioned upon such
449+22 other obligations as the court may impose. Upon the review the
450+23 Circuit Court shall have power to review all questions of fact
451+24 as well as of law. The penalty hereinafter provided for in this
452+25 paragraph shall not attach and shall not begin to run until the
453+26 final determination of the order of the Commission.
454+
455+
456+
457+
458+
459+ SB1996 Enrolled - 13 - LRB103 28652 SPS 55033 b
460+
461+
462+SB1996 Enrolled- 14 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 14 - LRB103 28652 SPS 55033 b
463+ SB1996 Enrolled - 14 - LRB103 28652 SPS 55033 b
464+1 (d) Whenever a Commissioner, with due process and after a
465+2 hearing, determines an employer has knowingly failed to
466+3 provide coverage as required by paragraph (a) of this Section,
467+4 the failure shall be deemed an immediate serious danger to
468+5 public health, safety, and welfare sufficient to justify
469+6 service by the Commission of a work-stop order on such
470+7 employer, requiring the cessation of all business operations
471+8 of such employer at the place of employment or job site. If a
472+9 business is declared to be extra hazardous, as defined in
473+10 Section 3, a Commissioner may issue an emergency work-stop
474+11 order on such an employer ex parte, prior to holding a hearing,
475+12 requiring the cessation of all business operations of such
476+13 employer at the place of employment or job site while awaiting
477+14 the ruling of the Commission. Whenever a Commissioner issues
478+15 an emergency work-stop order, the Commission shall issue a
479+16 notice of emergency work-stop hearing to be posted at the
480+17 employer's places of employment and job sites. Any law
481+18 enforcement agency in the State shall, at the request of the
482+19 Commission, render any assistance necessary to carry out the
483+20 provisions of this Section, including, but not limited to,
484+21 preventing any employee of such employer from remaining at a
485+22 place of employment or job site after a work-stop order has
486+23 taken effect. Any work-stop order shall be lifted upon proof
487+24 of insurance as required by this Act. Any orders under this
488+25 Section are appealable under Section 19(f) to the Circuit
489+26 Court.
490+
491+
492+
493+
494+
495+ SB1996 Enrolled - 14 - LRB103 28652 SPS 55033 b
496+
497+
498+SB1996 Enrolled- 15 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 15 - LRB103 28652 SPS 55033 b
499+ SB1996 Enrolled - 15 - LRB103 28652 SPS 55033 b
500+1 Any individual employer, corporate officer or director of
501+2 a corporate employer, partner of an employer partnership, or
502+3 member of an employer limited liability company who knowingly
503+4 fails to provide coverage as required by paragraph (a) of this
504+5 Section is guilty of a Class 4 felony. This provision shall not
505+6 apply to any corporate officer or director of any
506+7 publicly-owned corporation. Each day's violation constitutes a
507+8 separate offense. The State's Attorney of the county in which
508+9 the violation occurred, or the Attorney General, shall bring
509+10 such actions in the name of the People of the State of
510+11 Illinois, or may, in addition to other remedies provided in
511+12 this Section, bring an action for an injunction to restrain
512+13 the violation or to enjoin the operation of any such employer.
513+14 Any individual employer, corporate officer or director of
514+15 a corporate employer, partner of an employer partnership, or
515+16 member of an employer limited liability company who
516+17 negligently fails to provide coverage as required by paragraph
517+18 (a) of this Section is guilty of a Class A misdemeanor. This
518+19 provision shall not apply to any corporate officer or director
519+20 of any publicly-owned corporation. Each day's violation
520+21 constitutes a separate offense. The State's Attorney of the
521+22 county in which the violation occurred, or the Attorney
522+23 General, shall bring such actions in the name of the People of
523+24 the State of Illinois.
524+25 The criminal penalties in this subsection (d) shall not
525+26 apply where there exists a good faith dispute as to the
526+
527+
528+
529+
530+
531+ SB1996 Enrolled - 15 - LRB103 28652 SPS 55033 b
532+
533+
534+SB1996 Enrolled- 16 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 16 - LRB103 28652 SPS 55033 b
535+ SB1996 Enrolled - 16 - LRB103 28652 SPS 55033 b
536+1 existence of an employment relationship. Evidence of good
537+2 faith shall include, but not be limited to, compliance with
538+3 the definition of employee as used by the Internal Revenue
539+4 Service.
540+5 All investigative actions must be acted upon within 90
541+6 days of the issuance of the complaint. Employers who are
542+7 subject to and who knowingly fail to comply with this Section
543+8 shall not be entitled to the benefits of this Act during the
544+9 period of noncompliance, but shall be liable in an action
545+10 under any other applicable law of this State. In the action,
546+11 such employer shall not avail himself or herself of the
547+12 defenses of assumption of risk or negligence or that the
548+13 injury was due to a co-employee. In the action, proof of the
549+14 injury shall constitute prima facie evidence of negligence on
550+15 the part of such employer and the burden shall be on such
551+16 employer to show freedom of negligence resulting in the
552+17 injury. The employer shall not join any other defendant in any
553+18 such civil action. Nothing in this amendatory Act of the 94th
554+19 General Assembly shall affect the employee's rights under
555+20 subdivision (a)3 of Section 1 of this Act. Any employer or
556+21 carrier who makes payments under subdivision (a)3 of Section 1
557+22 of this Act shall have a right of reimbursement from the
558+23 proceeds of any recovery under this Section.
559+24 An employee of an uninsured employer, or the employee's
560+25 dependents in case death ensued, may, instead of proceeding
561+26 against the employer in a civil action in court, file an
562+
563+
564+
565+
566+
567+ SB1996 Enrolled - 16 - LRB103 28652 SPS 55033 b
568+
569+
570+SB1996 Enrolled- 17 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 17 - LRB103 28652 SPS 55033 b
571+ SB1996 Enrolled - 17 - LRB103 28652 SPS 55033 b
572+1 application for adjustment of claim with the Commission in
573+2 accordance with the provisions of this Act and the Commission
574+3 shall hear and determine the application for adjustment of
575+4 claim in the manner in which other claims are heard and
576+5 determined before the Commission.
577+6 All proceedings under this subsection (d) shall be
578+7 reported on an annual basis to the Workers' Compensation
579+8 Advisory Board.
580+9 An investigator with the Department of Insurance may issue
581+10 a citation to any employer that is not in compliance with its
582+11 obligation to have workers' compensation insurance under this
583+12 Act. The amount of the fine shall be based on the period of
584+13 time the employer was in non-compliance, but shall be no less
585+14 than $500, and shall not exceed $10,000. An employer that has
586+15 been issued a citation shall pay the fine to the Department of
587+16 Insurance and provide to the Department of Insurance proof
588+17 that it obtained the required workers' compensation insurance
589+18 within 10 days after the citation was issued. This Section
590+19 does not affect any other obligations this Act imposes on
591+20 employers.
592+21 Upon a finding by the Commission, after reasonable notice
593+22 and hearing, of the knowing and willful failure or refusal of
594+23 an employer to comply with any of the provisions of paragraph
595+24 (a) of this Section, the failure or refusal of an employer,
596+25 service or adjustment company, or an insurance carrier to
597+26 comply with any order of the Illinois Workers' Compensation
598+
599+
600+
601+
602+
603+ SB1996 Enrolled - 17 - LRB103 28652 SPS 55033 b
604+
605+
606+SB1996 Enrolled- 18 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 18 - LRB103 28652 SPS 55033 b
607+ SB1996 Enrolled - 18 - LRB103 28652 SPS 55033 b
608+1 Commission pursuant to paragraph (c) of this Section
609+2 disqualifying him or her to operate as a self insurer and
610+3 requiring him or her to insure his or her liability, or the
611+4 knowing and willful failure of an employer to comply with a
612+5 citation issued by an investigator with the Department of
613+6 Insurance, the Commission may assess a civil penalty of up to
614+7 $500 per day for each day of such failure or refusal after the
615+8 effective date of this amendatory Act of 1989. The minimum
616+9 penalty under this Section shall be the sum of $10,000. Each
617+10 day of such failure or refusal shall constitute a separate
618+11 offense. The Commission may assess the civil penalty
619+12 personally and individually against the corporate officers and
620+13 directors of a corporate employer, the partners of an employer
621+14 partnership, and the members of an employer limited liability
622+15 company, after a finding of a knowing and willful refusal or
623+16 failure of each such named corporate officer, director,
624+17 partner, or member to comply with this Section. The liability
625+18 for the assessed penalty shall be against the named employer
626+19 first, and if the named employer fails or refuses to pay the
627+20 penalty to the Commission within 30 days after the final order
628+21 of the Commission, then the named corporate officers,
629+22 directors, partners, or members who have been found to have
630+23 knowingly and willfully refused or failed to comply with this
631+24 Section shall be liable for the unpaid penalty or any unpaid
632+25 portion of the penalty. Upon investigation by the Department
633+26 of Insurance, the Attorney General shall have the authority to
634+
635+
636+
637+
638+
639+ SB1996 Enrolled - 18 - LRB103 28652 SPS 55033 b
640+
641+
642+SB1996 Enrolled- 19 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 19 - LRB103 28652 SPS 55033 b
643+ SB1996 Enrolled - 19 - LRB103 28652 SPS 55033 b
644+1 prosecute all proceedings to enforce the civil and
645+2 administrative provisions of this Section before the
646+3 Commission. The Commission and the Department of Insurance
647+4 shall promulgate procedural rules for enforcing this Section
648+5 relating to their respective duties prescribed herein.
649+6 If an employer is found to be in non-compliance with any
650+7 provisions of paragraph (a) of this Section more than once,
651+8 all minimum penalties will double. Therefore, upon the failure
652+9 or refusal of an employer, service or adjustment company, or
653+10 insurance carrier to comply with any order of the Commission
654+11 pursuant to paragraph (c) of this Section disqualifying him or
655+12 her to operate as a self-insurer and requiring him or her to
656+13 insure his or her liability, or the knowing and willful
657+14 failure of an employer to comply with a citation issued by an
658+15 investigator with the Department of Insurance, the Commission
659+16 may assess a civil penalty of up to $1,000 per day for each day
660+17 of such failure or refusal after the effective date of this
661+18 amendatory Act of the 101st General Assembly. The minimum
662+19 penalty under this Section shall be the sum of $20,000. In
663+20 addition, employers with 2 or more violations of any
664+21 provisions of paragraph (a) of this Section may not
665+22 self-insure for one year or until all penalties are paid.
666+23 A Commission decision imposing penalties under this
667+24 Section may be judicially reviewed only as described in
668+25 Section 19(f). After expiration of the period for seeking
669+26 judicial review, the Commission's final decision imposing
670+
671+
672+
673+
674+
675+ SB1996 Enrolled - 19 - LRB103 28652 SPS 55033 b
676+
677+
678+SB1996 Enrolled- 20 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 20 - LRB103 28652 SPS 55033 b
679+ SB1996 Enrolled - 20 - LRB103 28652 SPS 55033 b
680+1 penalties may be enforced in the same manner as a judgment
681+2 entered by a court of competent jurisdiction. The Commission's
682+3 final decision imposing penalties is a debt due and owing to
683+4 the State and can be enforced to the same extent as a judgment
684+5 entered by a circuit court. The Attorney General shall
685+6 represent the Commission and the Department of Insurance in
686+7 any action challenging the final decision in circuit court. If
687+8 the court affirms the Commission's decision, the court shall
688+9 enter judgment against the employer in the amount of the fines
689+10 assessed by the Commission. The Attorney General shall make
690+11 reasonable efforts to collect the amounts due under the
691+12 Commission's decision.
692+13 Upon the failure or refusal of any employer, service or
693+14 adjustment company or insurance carrier to comply with the
694+15 provisions of this Section and with the orders of the
695+16 Commission under this Section, or the order of the court on
696+17 review after final adjudication, the Commission may bring a
697+18 civil action to recover the amount of the penalty in Cook
698+19 County or in Sangamon County in which litigation the
699+20 Commission shall be represented by the Attorney General. The
700+21 Commission shall send notice of its finding of non-compliance
701+22 and assessment of the civil penalty to the Attorney General.
702+23 It shall be the duty of the Attorney General within 30 days
703+24 after receipt of the notice, to institute prosecutions and
704+25 promptly prosecute all reported violations of this Section.
705+26 Any individual employer, corporate officer or director of
706+
707+
708+
709+
710+
711+ SB1996 Enrolled - 20 - LRB103 28652 SPS 55033 b
712+
713+
714+SB1996 Enrolled- 21 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 21 - LRB103 28652 SPS 55033 b
715+ SB1996 Enrolled - 21 - LRB103 28652 SPS 55033 b
716+1 a corporate employer, partner of an employer partnership, or
717+2 member of an employer limited liability company who, with the
718+3 intent to avoid payment of compensation under this Act to an
719+4 injured employee or the employee's dependents, knowingly
720+5 transfers, sells, encumbers, assigns, or in any manner
721+6 disposes of, conceals, secretes, or destroys any property
722+7 belonging to the employer, officer, director, partner, or
723+8 member is guilty of a Class 4 felony.
724+9 Penalties and fines collected pursuant to this paragraph
725+10 (d) shall be deposited upon receipt into a special fund which
726+11 shall be designated the Injured Workers' Benefit Fund, of
727+12 which the State Treasurer is ex-officio custodian, such
728+13 special fund to be held and disbursed in accordance with this
729+14 paragraph (d) for the purposes hereinafter stated in this
730+15 paragraph (d), upon the final order of the Commission. The
731+16 Injured Workers' Benefit Fund shall be deposited the same as
732+17 are State funds and any interest accruing thereon shall be
733+18 added thereto every 6 months. The Injured Workers' Benefit
734+19 Fund is subject to audit the same as State funds and accounts
735+20 and is protected by the general bond given by the State
736+21 Treasurer. The Injured Workers' Benefit Fund is considered
737+22 always appropriated for the purposes of disbursements as
738+23 provided in this paragraph, and shall be paid out and
739+24 disbursed as herein provided and shall not at any time be
740+25 appropriated or diverted to any other use or purpose. Moneys
741+26 in the Injured Workers' Benefit Fund shall be used only for
742+
743+
744+
745+
746+
747+ SB1996 Enrolled - 21 - LRB103 28652 SPS 55033 b
748+
749+
750+SB1996 Enrolled- 22 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 22 - LRB103 28652 SPS 55033 b
751+ SB1996 Enrolled - 22 - LRB103 28652 SPS 55033 b
752+1 payment of workers' compensation benefits for injured
753+2 employees when the employer has failed to provide coverage as
754+3 determined under this paragraph (d) and has failed to pay the
755+4 benefits due to the injured employee. The employer shall
756+5 reimburse the Injured Workers' Benefit Fund for any amounts
757+6 paid to an employee on account of the compensation awarded by
758+7 the Commission. The Attorney General shall make reasonable
759+8 efforts to obtain reimbursement for the Injured Workers'
760+9 Benefit Fund.
761+10 The Commission shall have the right to obtain
762+11 reimbursement from the employer for compensation obligations
763+12 paid by the Injured Workers' Benefit Fund. Any such amounts
764+13 obtained shall be deposited by the Commission into the Injured
765+14 Workers' Benefit Fund. If an injured employee or his or her
766+15 personal representative receives payment from the Injured
767+16 Workers' Benefit Fund, the State of Illinois has the same
768+17 rights under paragraph (b) of Section 5 that the employer who
769+18 failed to pay the benefits due to the injured employee would
770+19 have had if the employer had paid those benefits, and any
771+20 moneys recovered by the State as a result of the State's
772+21 exercise of its rights under paragraph (b) of Section 5 shall
773+22 be deposited into the Injured Workers' Benefit Fund. The
774+23 custodian of the Injured Workers' Benefit Fund shall be joined
775+24 with the employer as a party respondent in the application for
776+25 adjustment of claim. After July 1, 2006, the Commission shall
777+26 make disbursements from the Fund once each year to each
778+
779+
780+
781+
782+
783+ SB1996 Enrolled - 22 - LRB103 28652 SPS 55033 b
784+
785+
786+SB1996 Enrolled- 23 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 23 - LRB103 28652 SPS 55033 b
787+ SB1996 Enrolled - 23 - LRB103 28652 SPS 55033 b
788+1 eligible claimant. An eligible claimant is an injured worker
789+2 who has within the previous fiscal year obtained a final award
790+3 for benefits from the Commission against the employer and the
791+4 Injured Workers' Benefit Fund and has notified the Commission
792+5 within 90 days of receipt of such award. Within a reasonable
793+6 time after the end of each fiscal year, the Commission shall
794+7 make a disbursement to each eligible claimant. At the time of
795+8 disbursement, if there are insufficient moneys in the Fund to
796+9 pay all claims, each eligible claimant shall receive a
797+10 pro-rata share, as determined by the Commission, of the
798+11 available moneys in the Fund for that year. Payment from the
799+12 Injured Workers' Benefit Fund to an eligible claimant pursuant
800+13 to this provision shall discharge the obligations of the
801+14 Injured Workers' Benefit Fund regarding the award entered by
802+15 the Commission.
803+16 (e) This Act shall not affect or disturb the continuance
804+17 of any existing insurance, mutual aid, benefit, or relief
805+18 association or department, whether maintained in whole or in
806+19 part by the employer or whether maintained by the employees,
807+20 the payment of benefits of such association or department
808+21 being guaranteed by the employer or by some person, firm or
809+22 corporation for him or her: Provided, the employer contributes
810+23 to such association or department an amount not less than the
811+24 full compensation herein provided, exclusive of the cost of
812+25 the maintenance of such association or department and without
813+26 any expense to the employee. This Act shall not prevent the
814+
815+
816+
817+
818+
819+ SB1996 Enrolled - 23 - LRB103 28652 SPS 55033 b
820+
821+
822+SB1996 Enrolled- 24 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 24 - LRB103 28652 SPS 55033 b
823+ SB1996 Enrolled - 24 - LRB103 28652 SPS 55033 b
824+1 organization and maintaining under the insurance laws of this
825+2 State of any benefit or insurance company for the purpose of
826+3 insuring against the compensation provided for in this Act,
827+4 the expense of which is maintained by the employer. This Act
828+5 shall not prevent the organization or maintaining under the
829+6 insurance laws of this State of any voluntary mutual aid,
830+7 benefit or relief association among employees for the payment
831+8 of additional accident or sick benefits.
832+9 (f) No existing insurance, mutual aid, benefit or relief
833+10 association or department shall, by reason of anything herein
834+11 contained, be authorized to discontinue its operation without
835+12 first discharging its obligations to any and all persons
836+13 carrying insurance in the same or entitled to relief or
837+14 benefits therein.
838+15 (g) Any contract, oral, written or implied, of employment
839+16 providing for relief benefit, or insurance or any other device
840+17 whereby the employee is required to pay any premium or
841+18 premiums for insurance against the compensation provided for
842+19 in this Act shall be null and void. Any employer withholding
843+20 from the wages of any employee any amount for the purpose of
844+21 paying any such premium shall be guilty of a Class B
845+22 misdemeanor.
846+23 In the event the employer does not pay the compensation
847+24 for which he or she is liable, then an insurance company,
848+25 association or insurer which may have insured such employer
849+26 against such liability shall become primarily liable to pay to
850+
851+
852+
853+
854+
855+ SB1996 Enrolled - 24 - LRB103 28652 SPS 55033 b
856+
857+
858+SB1996 Enrolled- 25 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 25 - LRB103 28652 SPS 55033 b
859+ SB1996 Enrolled - 25 - LRB103 28652 SPS 55033 b
860+1 the employee, his or her personal representative or
861+2 beneficiary the compensation required by the provisions of
862+3 this Act to be paid by such employer. The insurance carrier may
863+4 be made a party to the proceedings in which the employer is a
864+5 party and an award may be entered jointly against the employer
865+6 and the insurance carrier.
866+7 (h) It shall be unlawful for any employer, insurance
867+8 company or service or adjustment company to interfere with,
868+9 restrain or coerce an employee in any manner whatsoever in the
869+10 exercise of the rights or remedies granted to him or her by
870+11 this Act or to discriminate, attempt to discriminate, or
871+12 threaten to discriminate against an employee in any way
872+13 because of his or her exercise of the rights or remedies
873+14 granted to him or her by this Act.
874+15 It shall be unlawful for any employer, individually or
875+16 through any insurance company or service or adjustment
876+17 company, to discharge or to threaten to discharge, or to
877+18 refuse to rehire or recall to active service in a suitable
878+19 capacity an employee because of the exercise of his or her
879+20 rights or remedies granted to him or her by this Act.
880+21 (i) If an employer elects to obtain a life insurance
881+22 policy on his employees, he may also elect to apply such
882+23 benefits in satisfaction of all or a portion of the death
883+24 benefits payable under this Act, in which case, the employer's
884+25 compensation premium shall be reduced accordingly.
885+26 (j) Within 45 days of receipt of an initial application or
886+
887+
888+
889+
890+
891+ SB1996 Enrolled - 25 - LRB103 28652 SPS 55033 b
892+
893+
894+SB1996 Enrolled- 26 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 26 - LRB103 28652 SPS 55033 b
895+ SB1996 Enrolled - 26 - LRB103 28652 SPS 55033 b
896+1 application to renew self-insurance privileges the
897+2 Self-Insurers Advisory Board shall review and submit for
898+3 approval by the Chairman of the Commission recommendations of
899+4 disposition of all initial applications to self-insure and all
900+5 applications to renew self-insurance privileges filed by
901+6 private self-insurers pursuant to the provisions of this
902+7 Section and Section 4a-9 of this Act. Each private
903+8 self-insurer shall submit with its initial and renewal
904+9 applications the application fee required by Section 4a-4 of
905+10 this Act.
906+11 The Chairman of the Commission shall promptly act upon all
907+12 initial applications and applications for renewal in full
908+13 accordance with the recommendations of the Board or, should
909+14 the Chairman disagree with any recommendation of disposition
910+15 of the Self-Insurer's Advisory Board, he shall within 30 days
911+16 of receipt of such recommendation provide to the Board in
912+17 writing the reasons supporting his decision. The Chairman
913+18 shall also promptly notify the employer of his decision within
914+19 15 days of receipt of the recommendation of the Board.
915+20 If an employer is denied a renewal of self-insurance
916+21 privileges pursuant to application it shall retain said
917+22 privilege for 120 days after receipt of a notice of
918+23 cancellation of the privilege from the Chairman of the
919+24 Commission.
920+25 All orders made by the Chairman under this Section shall
921+26 be subject to review by the courts, such review to be taken in
922+
923+
924+
925+
926+
927+ SB1996 Enrolled - 26 - LRB103 28652 SPS 55033 b
928+
929+
930+SB1996 Enrolled- 27 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 27 - LRB103 28652 SPS 55033 b
931+ SB1996 Enrolled - 27 - LRB103 28652 SPS 55033 b
932+1 the same manner and within the same time as provided by
933+2 subsection (f) of Section 19 of this Act for review of awards
934+3 and decisions of the Commission, upon the party seeking the
935+4 review filing with the clerk of the court to which such review
936+5 is taken a bond in an amount to be fixed and approved by the
937+6 court to which the review is taken, conditioned upon the
938+7 payment of all compensation awarded against the person taking
939+8 such review pending a decision thereof and further conditioned
940+9 upon such other obligations as the court may impose. Upon the
941+10 review the Circuit Court shall have power to review all
942+11 questions of fact as well as of law.
943+12 (Source: P.A. 101-40, eff. 1-1-20; 102-37, eff. 7-1-21.)
944+13 (Text of Section from P.A. 101-384 and 102-37)
945+14 Sec. 4. (a) Any employer, including but not limited to
946+15 general contractors and their subcontractors, who shall come
947+16 within the provisions of Section 3 of this Act, and any other
948+17 employer who shall elect to provide and pay the compensation
949+18 provided for in this Act shall:
950+19 (1) File with the Commission annually an application
951+20 for approval as a self-insurer which shall include a
952+21 current financial statement, and annually, thereafter, an
953+22 application for renewal of self-insurance, which shall
954+23 include a current financial statement. Said application
955+24 and financial statement shall be signed and sworn to by
956+25 the president or vice president and secretary or assistant
957+
958+
959+
960+
961+
962+ SB1996 Enrolled - 27 - LRB103 28652 SPS 55033 b
963+
964+
965+SB1996 Enrolled- 28 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 28 - LRB103 28652 SPS 55033 b
966+ SB1996 Enrolled - 28 - LRB103 28652 SPS 55033 b
967+1 secretary of the employer if it be a corporation, or by all
968+2 of the partners, if it be a copartnership, or by the owner
969+3 if it be neither a copartnership nor a corporation. All
970+4 initial applications and all applications for renewal of
971+5 self-insurance must be submitted at least 60 days prior to
972+6 the requested effective date of self-insurance. An
973+7 employer may elect to provide and pay compensation as
974+8 provided for in this Act as a member of a group workers'
975+9 compensation pool under Article V 3/4 of the Illinois
976+10 Insurance Code. If an employer becomes a member of a group
977+11 workers' compensation pool, the employer shall not be
978+12 relieved of any obligations imposed by this Act.
979+13 If the sworn application and financial statement of
980+14 any such employer does not satisfy the Commission of the
981+15 financial ability of the employer who has filed it, the
982+16 Commission shall require such employer to,
983+17 (2) Furnish security, indemnity or a bond guaranteeing
984+18 the payment by the employer of the compensation provided
985+19 for in this Act, provided that any such employer whose
986+20 application and financial statement shall not have
987+21 satisfied the commission of his or her financial ability
988+22 and who shall have secured his liability in part by excess
989+23 liability insurance shall be required to furnish to the
990+24 Commission security, indemnity or bond guaranteeing his or
991+25 her payment up to the effective limits of the excess
992+26 coverage, or
993+
994+
995+
996+
997+
998+ SB1996 Enrolled - 28 - LRB103 28652 SPS 55033 b
999+
1000+
1001+SB1996 Enrolled- 29 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 29 - LRB103 28652 SPS 55033 b
1002+ SB1996 Enrolled - 29 - LRB103 28652 SPS 55033 b
1003+1 (3) Insure his entire liability to pay such
1004+2 compensation in some insurance carrier authorized,
1005+3 licensed, or permitted to do such insurance business in
1006+4 this State. Every policy of an insurance carrier, insuring
1007+5 the payment of compensation under this Act shall cover all
1008+6 the employees and the entire compensation liability of the
1009+7 insured: Provided, however, that any employer may insure
1010+8 his or her compensation liability with 2 or more insurance
1011+9 carriers or may insure a part and qualify under subsection
1012+10 1, 2, or 4 for the remainder of his or her liability to pay
1013+11 such compensation, subject to the following two
1014+12 provisions:
1015+13 Firstly, the entire compensation liability of the
1016+14 employer to employees working at or from one location
1017+15 shall be insured in one such insurance carrier or
1018+16 shall be self-insured, and
1019+17 Secondly, the employer shall submit evidence
1020+18 satisfactorily to the Commission that his or her
1021+19 entire liability for the compensation provided for in
1022+20 this Act will be secured. Any provisions in any
1023+21 policy, or in any endorsement attached thereto,
1024+22 attempting to limit or modify in any way, the
1025+23 liability of the insurance carriers issuing the same
1026+24 except as otherwise provided herein shall be wholly
1027+25 void.
1028+26 Nothing herein contained shall apply to policies of
1029+
1030+
1031+
1032+
1033+
1034+ SB1996 Enrolled - 29 - LRB103 28652 SPS 55033 b
1035+
1036+
1037+SB1996 Enrolled- 30 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 30 - LRB103 28652 SPS 55033 b
1038+ SB1996 Enrolled - 30 - LRB103 28652 SPS 55033 b
1039+1 excess liability carriage secured by employers who have
1040+2 been approved by the Commission as self-insurers, or
1041+3 (4) Make some other provision, satisfactory to the
1042+4 Commission, for the securing of the payment of
1043+5 compensation provided for in this Act, and
1044+6 (5) Upon becoming subject to this Act and thereafter
1045+7 as often as the Commission may in writing demand, file
1046+8 with the Commission in form prescribed by it evidence of
1047+9 his or her compliance with the provision of this Section.
1048+10 (a-1) Regardless of its state of domicile or its principal
1049+11 place of business, an employer shall make payments to its
1050+12 insurance carrier or group self-insurance fund, where
1051+13 applicable, based upon the premium rates of the situs where
1052+14 the work or project is located in Illinois if:
1053+15 (A) the employer is engaged primarily in the building
1054+16 and construction industry; and
1055+17 (B) subdivision (a)(3) of this Section applies to the
1056+18 employer or the employer is a member of a group
1057+19 self-insurance plan as defined in subsection (1) of
1058+20 Section 4a.
1059+21 The Illinois Workers' Compensation Commission shall impose
1060+22 a penalty upon an employer for violation of this subsection
1061+23 (a-1) if:
1062+24 (i) the employer is given an opportunity at a hearing
1063+25 to present evidence of its compliance with this subsection
1064+26 (a-1); and
1065+
1066+
1067+
1068+
1069+
1070+ SB1996 Enrolled - 30 - LRB103 28652 SPS 55033 b
1071+
1072+
1073+SB1996 Enrolled- 31 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 31 - LRB103 28652 SPS 55033 b
1074+ SB1996 Enrolled - 31 - LRB103 28652 SPS 55033 b
1075+1 (ii) after the hearing, the Commission finds that the
1076+2 employer failed to make payments upon the premium rates of
1077+3 the situs where the work or project is located in
1078+4 Illinois.
1079+5 The penalty shall not exceed $1,000 for each day of work
1080+6 for which the employer failed to make payments upon the
1081+7 premium rates of the situs where the work or project is located
1082+8 in Illinois, but the total penalty shall not exceed $50,000
1083+9 for each project or each contract under which the work was
1084+10 performed.
1085+11 Any penalty under this subsection (a-1) must be imposed
1086+12 not later than one year after the expiration of the applicable
1087+13 limitation period specified in subsection (d) of Section 6 of
1088+14 this Act. Penalties imposed under this subsection (a-1) shall
1089+15 be deposited into the Illinois Workers' Compensation
1090+16 Commission Operations Fund, a special fund that is created in
1091+17 the State treasury. Subject to appropriation, moneys in the
1092+18 Fund shall be used solely for the operations of the Illinois
1093+19 Workers' Compensation Commission and by the Department of
1094+20 Insurance for the purposes authorized in subsection (c) of
1095+21 Section 25.5 of this Act.
1096+22 (a-2) Every Employee Leasing Company (ELC), as defined in
1097+23 Section 15 of the Employee Leasing Company Act, shall at a
1098+24 minimum provide the following information to the Commission or
1099+25 any entity designated by the Commission regarding each
1100+26 workers' compensation insurance policy issued to the ELC:
1101+
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1103+
1104+
1105+
1106+ SB1996 Enrolled - 31 - LRB103 28652 SPS 55033 b
1107+
1108+
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1110+ SB1996 Enrolled - 32 - LRB103 28652 SPS 55033 b
1111+1 (1) Any client company of the ELC listed as an
1112+2 additional named insured.
1113+3 (2) Any informational schedule attached to the master
1114+4 policy that identifies any individual client company's
1115+5 name, FEIN, and job location.
1116+6 (3) Any certificate of insurance coverage document
1117+7 issued to a client company specifying its rights and
1118+8 obligations under the master policy that establishes both
1119+9 the identity and status of the client, as well as the dates
1120+10 of inception and termination of coverage, if applicable.
1121+11 (b) The sworn application and financial statement, or
1122+12 security, indemnity or bond, or amount of insurance, or other
1123+13 provisions, filed, furnished, carried, or made by the
1124+14 employer, as the case may be, shall be subject to the approval
1125+15 of the Commission.
1126+16 Deposits under escrow agreements shall be cash, negotiable
1127+17 United States government bonds or negotiable general
1128+18 obligation bonds of the State of Illinois. Such cash or bonds
1129+19 shall be deposited in escrow with any State or National Bank or
1130+20 Trust Company having trust authority in the State of Illinois.
1131+21 Upon the approval of the sworn application and financial
1132+22 statement, security, indemnity or bond or amount of insurance,
1133+23 filed, furnished or carried, as the case may be, the
1134+24 Commission shall send to the employer written notice of its
1135+25 approval thereof. The certificate of compliance by the
1136+26 employer with the provisions of subparagraphs (2) and (3) of
1137+
1138+
1139+
1140+
1141+
1142+ SB1996 Enrolled - 32 - LRB103 28652 SPS 55033 b
1143+
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1145+SB1996 Enrolled- 33 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 33 - LRB103 28652 SPS 55033 b
1146+ SB1996 Enrolled - 33 - LRB103 28652 SPS 55033 b
1147+1 paragraph (a) of this Section shall be delivered by the
1148+2 insurance carrier to the Illinois Workers' Compensation
1149+3 Commission within five days after the effective date of the
1150+4 policy so certified. The insurance so certified shall cover
1151+5 all compensation liability occurring during the time that the
1152+6 insurance is in effect and no further certificate need be
1153+7 filed in case such insurance is renewed, extended or otherwise
1154+8 continued by such carrier. The insurance so certified shall
1155+9 not be cancelled or in the event that such insurance is not
1156+10 renewed, extended or otherwise continued, such insurance shall
1157+11 not be terminated until at least 10 days after receipt by the
1158+12 Illinois Workers' Compensation Commission of notice of the
1159+13 cancellation or termination of said insurance; provided,
1160+14 however, that if the employer has secured insurance from
1161+15 another insurance carrier, or has otherwise secured the
1162+16 payment of compensation in accordance with this Section, and
1163+17 such insurance or other security becomes effective prior to
1164+18 the expiration of the 10 days, cancellation or termination
1165+19 may, at the option of the insurance carrier indicated in such
1166+20 notice, be effective as of the effective date of such other
1167+21 insurance or security.
1168+22 (c) Whenever the Commission shall find that any
1169+23 corporation, company, association, aggregation of individuals,
1170+24 reciprocal or interinsurers exchange, or other insurer
1171+25 effecting workers' compensation insurance in this State shall
1172+26 be insolvent, financially unsound, or unable to fully meet all
1173+
1174+
1175+
1176+
1177+
1178+ SB1996 Enrolled - 33 - LRB103 28652 SPS 55033 b
1179+
1180+
1181+SB1996 Enrolled- 34 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 34 - LRB103 28652 SPS 55033 b
1182+ SB1996 Enrolled - 34 - LRB103 28652 SPS 55033 b
1183+1 payments and liabilities assumed or to be assumed for
1184+2 compensation insurance in this State, or shall practice a
1185+3 policy of delay or unfairness toward employees in the
1186+4 adjustment, settlement, or payment of benefits due such
1187+5 employees, the Commission may after reasonable notice and
1188+6 hearing order and direct that such corporation, company,
1189+7 association, aggregation of individuals, reciprocal or
1190+8 interinsurers exchange, or insurer, shall from and after a
1191+9 date fixed in such order discontinue the writing of any such
1192+10 workers' compensation insurance in this State. Subject to such
1193+11 modification of the order as the Commission may later make on
1194+12 review of the order, as herein provided, it shall thereupon be
1195+13 unlawful for any such corporation, company, association,
1196+14 aggregation of individuals, reciprocal or interinsurers
1197+15 exchange, or insurer to effect any workers' compensation
1198+16 insurance in this State. A copy of the order shall be served
1199+17 upon the Director of Insurance by registered mail. Whenever
1200+18 the Commission finds that any service or adjustment company
1201+19 used or employed by a self-insured employer or by an insurance
1202+20 carrier to process, adjust, investigate, compromise or
1203+21 otherwise handle claims under this Act, has practiced or is
1204+22 practicing a policy of delay or unfairness toward employees in
1205+23 the adjustment, settlement or payment of benefits due such
1206+24 employees, the Commission may after reasonable notice and
1207+25 hearing order and direct that such service or adjustment
1208+26 company shall from and after a date fixed in such order be
1209+
1210+
1211+
1212+
1213+
1214+ SB1996 Enrolled - 34 - LRB103 28652 SPS 55033 b
1215+
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1217+SB1996 Enrolled- 35 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 35 - LRB103 28652 SPS 55033 b
1218+ SB1996 Enrolled - 35 - LRB103 28652 SPS 55033 b
1219+1 prohibited from processing, adjusting, investigating,
1220+2 compromising or otherwise handling claims under this Act.
1221+3 Whenever the Commission finds that any self-insured
1222+4 employer has practiced or is practicing delay or unfairness
1223+5 toward employees in the adjustment, settlement or payment of
1224+6 benefits due such employees, the Commission may, after
1225+7 reasonable notice and hearing, order and direct that after a
1226+8 date fixed in the order such self-insured employer shall be
1227+9 disqualified to operate as a self-insurer and shall be
1228+10 required to insure his entire liability to pay compensation in
1229+11 some insurance carrier authorized, licensed and permitted to
1230+12 do such insurance business in this State, as provided in
1231+13 subparagraph 3 of paragraph (a) of this Section.
1232+14 All orders made by the Commission under this Section shall
1233+15 be subject to review by the courts, said review to be taken in
1234+16 the same manner and within the same time as provided by Section
1235+17 19 of this Act for review of awards and decisions of the
1236+18 Commission, upon the party seeking the review filing with the
1237+19 clerk of the court to which said review is taken a bond in an
1238+20 amount to be fixed and approved by the court to which the
1239+21 review is taken, conditioned upon the payment of all
1240+22 compensation awarded against the person taking said review
1241+23 pending a decision thereof and further conditioned upon such
1242+24 other obligations as the court may impose. Upon the review the
1243+25 Circuit Court shall have power to review all questions of fact
1244+26 as well as of law. The penalty hereinafter provided for in this
1245+
1246+
1247+
1248+
1249+
1250+ SB1996 Enrolled - 35 - LRB103 28652 SPS 55033 b
1251+
1252+
1253+SB1996 Enrolled- 36 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 36 - LRB103 28652 SPS 55033 b
1254+ SB1996 Enrolled - 36 - LRB103 28652 SPS 55033 b
1255+1 paragraph shall not attach and shall not begin to run until the
1256+2 final determination of the order of the Commission.
1257+3 (d) Whenever a panel of 3 Commissioners comprised of one
1258+4 member of the employing class, one representative of a labor
1259+5 organization recognized under the National Labor Relations Act
1260+6 or an attorney who has represented labor organizations or has
1261+7 represented employees in workers' compensation cases, and one
1262+8 member not identified with either the employing class or a
1263+9 labor organization, with due process and after a hearing,
1264+10 determines an employer has knowingly failed to provide
1265+11 coverage as required by paragraph (a) of this Section, the
1266+12 failure shall be deemed an immediate serious danger to public
1267+13 health, safety, and welfare sufficient to justify service by
1268+14 the Commission of a work-stop order on such employer,
1269+15 requiring the cessation of all business operations of such
1270+16 employer at the place of employment or job site. Any law
1271+17 enforcement agency in the State shall, at the request of the
1272+18 Commission, render any assistance necessary to carry out the
1273+19 provisions of this Section, including, but not limited to,
1274+20 preventing any employee of such employer from remaining at a
1275+21 place of employment or job site after a work-stop order has
1276+22 taken effect. Any work-stop order shall be lifted upon proof
1277+23 of insurance as required by this Act. Any orders under this
1278+24 Section are appealable under Section 19(f) to the Circuit
1279+25 Court.
1280+26 Any individual employer, corporate officer or director of
1281+
1282+
1283+
1284+
1285+
1286+ SB1996 Enrolled - 36 - LRB103 28652 SPS 55033 b
1287+
1288+
1289+SB1996 Enrolled- 37 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 37 - LRB103 28652 SPS 55033 b
1290+ SB1996 Enrolled - 37 - LRB103 28652 SPS 55033 b
1291+1 a corporate employer, partner of an employer partnership, or
1292+2 member of an employer limited liability company who knowingly
1293+3 fails to provide coverage as required by paragraph (a) of this
1294+4 Section is guilty of a Class 4 felony. This provision shall not
1295+5 apply to any corporate officer or director of any
1296+6 publicly-owned corporation. Each day's violation constitutes a
1297+7 separate offense. The State's Attorney of the county in which
1298+8 the violation occurred, or the Attorney General, shall bring
1299+9 such actions in the name of the People of the State of
1300+10 Illinois, or may, in addition to other remedies provided in
1301+11 this Section, bring an action for an injunction to restrain
1302+12 the violation or to enjoin the operation of any such employer.
1303+13 Any individual employer, corporate officer or director of
1304+14 a corporate employer, partner of an employer partnership, or
1305+15 member of an employer limited liability company who
1306+16 negligently fails to provide coverage as required by paragraph
1307+17 (a) of this Section is guilty of a Class A misdemeanor. This
1308+18 provision shall not apply to any corporate officer or director
1309+19 of any publicly-owned corporation. Each day's violation
1310+20 constitutes a separate offense. The State's Attorney of the
1311+21 county in which the violation occurred, or the Attorney
1312+22 General, shall bring such actions in the name of the People of
1313+23 the State of Illinois.
1314+24 The criminal penalties in this subsection (d) shall not
1315+25 apply where there exists a good faith dispute as to the
1316+26 existence of an employment relationship. Evidence of good
1317+
1318+
1319+
1320+
1321+
1322+ SB1996 Enrolled - 37 - LRB103 28652 SPS 55033 b
1323+
1324+
1325+SB1996 Enrolled- 38 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 38 - LRB103 28652 SPS 55033 b
1326+ SB1996 Enrolled - 38 - LRB103 28652 SPS 55033 b
1327+1 faith shall include, but not be limited to, compliance with
1328+2 the definition of employee as used by the Internal Revenue
1329+3 Service.
1330+4 Employers who are subject to and who knowingly fail to
1331+5 comply with this Section shall not be entitled to the benefits
1332+6 of this Act during the period of noncompliance, but shall be
1333+7 liable in an action under any other applicable law of this
1334+8 State. In the action, such employer shall not avail himself or
1335+9 herself of the defenses of assumption of risk or negligence or
1336+10 that the injury was due to a co-employee. In the action, proof
1337+11 of the injury shall constitute prima facie evidence of
1338+12 negligence on the part of such employer and the burden shall be
1339+13 on such employer to show freedom of negligence resulting in
1340+14 the injury. The employer shall not join any other defendant in
1341+15 any such civil action. Nothing in this amendatory Act of the
1342+16 94th General Assembly shall affect the employee's rights under
1343+17 subdivision (a)3 of Section 1 of this Act. Any employer or
1344+18 carrier who makes payments under subdivision (a)3 of Section 1
1345+19 of this Act shall have a right of reimbursement from the
1346+20 proceeds of any recovery under this Section.
1347+21 An employee of an uninsured employer, or the employee's
1348+22 dependents in case death ensued, may, instead of proceeding
1349+23 against the employer in a civil action in court, file an
1350+24 application for adjustment of claim with the Commission in
1351+25 accordance with the provisions of this Act and the Commission
1352+26 shall hear and determine the application for adjustment of
1353+
1354+
1355+
1356+
1357+
1358+ SB1996 Enrolled - 38 - LRB103 28652 SPS 55033 b
1359+
1360+
1361+SB1996 Enrolled- 39 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 39 - LRB103 28652 SPS 55033 b
1362+ SB1996 Enrolled - 39 - LRB103 28652 SPS 55033 b
1363+1 claim in the manner in which other claims are heard and
1364+2 determined before the Commission.
1365+3 All proceedings under this subsection (d) shall be
1366+4 reported on an annual basis to the Workers' Compensation
1367+5 Advisory Board.
1368+6 An investigator with the Department of Insurance may issue
1369+7 a citation to any employer that is not in compliance with its
1370+8 obligation to have workers' compensation insurance under this
1371+9 Act. The amount of the fine shall be based on the period of
1372+10 time the employer was in non-compliance, but shall be no less
1373+11 than $500, and shall not exceed $2,500. An employer that has
1374+12 been issued a citation shall pay the fine to the Department of
1375+13 Insurance and provide to the Department of Insurance proof
1376+14 that it obtained the required workers' compensation insurance
1377+15 within 10 days after the citation was issued. This Section
1378+16 does not affect any other obligations this Act imposes on
1379+17 employers.
1380+18 Upon a finding by the Commission, after reasonable notice
1381+19 and hearing, of the knowing and wilful failure or refusal of an
1382+20 employer to comply with any of the provisions of paragraph (a)
1383+21 of this Section, the failure or refusal of an employer,
1384+22 service or adjustment company, or an insurance carrier to
1385+23 comply with any order of the Illinois Workers' Compensation
1386+24 Commission pursuant to paragraph (c) of this Section
1387+25 disqualifying him or her to operate as a self insurer and
1388+26 requiring him or her to insure his or her liability, or the
1389+
1390+
1391+
1392+
1393+
1394+ SB1996 Enrolled - 39 - LRB103 28652 SPS 55033 b
1395+
1396+
1397+SB1996 Enrolled- 40 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 40 - LRB103 28652 SPS 55033 b
1398+ SB1996 Enrolled - 40 - LRB103 28652 SPS 55033 b
1399+1 knowing and willful failure of an employer to comply with a
1400+2 citation issued by an investigator with the Department of
1401+3 Insurance, the Commission may assess a civil penalty of up to
1402+4 $500 per day for each day of such failure or refusal after the
1403+5 effective date of this amendatory Act of 1989. The minimum
1404+6 penalty under this Section shall be the sum of $10,000. Each
1405+7 day of such failure or refusal shall constitute a separate
1406+8 offense. The Commission may assess the civil penalty
1407+9 personally and individually against the corporate officers and
1408+10 directors of a corporate employer, the partners of an employer
1409+11 partnership, and the members of an employer limited liability
1410+12 company, after a finding of a knowing and willful refusal or
1411+13 failure of each such named corporate officer, director,
1412+14 partner, or member to comply with this Section. The liability
1413+15 for the assessed penalty shall be against the named employer
1414+16 first, and if the named employer fails or refuses to pay the
1415+17 penalty to the Commission within 30 days after the final order
1416+18 of the Commission, then the named corporate officers,
1417+19 directors, partners, or members who have been found to have
1418+20 knowingly and willfully refused or failed to comply with this
1419+21 Section shall be liable for the unpaid penalty or any unpaid
1420+22 portion of the penalty. Upon investigation by the Department
1421+23 of Insurance, the Attorney General shall have the authority to
1422+24 prosecute all proceedings to enforce the civil and
1423+25 administrative provisions of this Section before the
1424+26 Commission. The Commission and the Department of Insurance
1425+
1426+
1427+
1428+
1429+
1430+ SB1996 Enrolled - 40 - LRB103 28652 SPS 55033 b
1431+
1432+
1433+SB1996 Enrolled- 41 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 41 - LRB103 28652 SPS 55033 b
1434+ SB1996 Enrolled - 41 - LRB103 28652 SPS 55033 b
1435+1 shall promulgate procedural rules for enforcing this Section
1436+2 relating to their respective duties prescribed herein.
1437+3 A Commission decision imposing penalties under this
1438+4 Section may be judicially reviewed only as described in
1439+5 Section 19(f). After expiration of the period for seeking
1440+6 judicial review, the Commission's final decision imposing
1441+7 penalties may be enforced in the same manner as a judgment
1442+8 entered by a court of competent jurisdiction. The Commission's
1443+9 final decision imposing penalties is a debt due and owing to
1444+10 the State and can be enforced to the same extent as a judgment
1445+11 entered by a circuit court. The Attorney General shall
1446+12 represent the Commission and the Department of Insurance in
1447+13 any action challenging the final decision in circuit court. If
1448+14 the court affirms the Commission's decision, the court shall
1449+15 enter judgment against the employer in the amount of the fines
1450+16 assessed by the Commission. The Attorney General shall make
1451+17 reasonable efforts to collect the amounts due under the
1452+18 Commission's decision.
1453+19 Upon the failure or refusal of any employer, service or
1454+20 adjustment company or insurance carrier to comply with the
1455+21 provisions of this Section and with the orders of the
1456+22 Commission under this Section, or the order of the court on
1457+23 review after final adjudication, the Commission may bring a
1458+24 civil action to recover the amount of the penalty in Cook
1459+25 County or in Sangamon County in which litigation the
1460+26 Commission shall be represented by the Attorney General. The
1461+
1462+
1463+
1464+
1465+
1466+ SB1996 Enrolled - 41 - LRB103 28652 SPS 55033 b
1467+
1468+
1469+SB1996 Enrolled- 42 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 42 - LRB103 28652 SPS 55033 b
1470+ SB1996 Enrolled - 42 - LRB103 28652 SPS 55033 b
1471+1 Commission shall send notice of its finding of non-compliance
1472+2 and assessment of the civil penalty to the Attorney General.
1473+3 It shall be the duty of the Attorney General within 30 days
1474+4 after receipt of the notice, to institute prosecutions and
1475+5 promptly prosecute all reported violations of this Section.
1476+6 Any individual employer, corporate officer or director of
1477+7 a corporate employer, partner of an employer partnership, or
1478+8 member of an employer limited liability company who, with the
1479+9 intent to avoid payment of compensation under this Act to an
1480+10 injured employee or the employee's dependents, knowingly
1481+11 transfers, sells, encumbers, assigns, or in any manner
1482+12 disposes of, conceals, secretes, or destroys any property
1483+13 belonging to the employer, officer, director, partner, or
1484+14 member is guilty of a Class 4 felony.
1485+15 Penalties and fines collected pursuant to this paragraph
1486+16 (d) shall be deposited upon receipt into a special fund which
1487+17 shall be designated the Injured Workers' Benefit Fund, of
1488+18 which the State Treasurer is ex-officio custodian, such
1489+19 special fund to be held and disbursed in accordance with this
1490+20 paragraph (d) for the purposes hereinafter stated in this
1491+21 paragraph (d), upon the final order of the Commission. The
1492+22 Injured Workers' Benefit Fund shall be deposited the same as
1493+23 are State funds and any interest accruing thereon shall be
1494+24 added thereto every 6 months. The Injured Workers' Benefit
1495+25 Fund is subject to audit the same as State funds and accounts
1496+26 and is protected by the general bond given by the State
1497+
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1502+ SB1996 Enrolled - 42 - LRB103 28652 SPS 55033 b
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1506+ SB1996 Enrolled - 43 - LRB103 28652 SPS 55033 b
1507+1 Treasurer. The Injured Workers' Benefit Fund is considered
1508+2 always appropriated for the purposes of disbursements as
1509+3 provided in this paragraph, and shall be paid out and
1510+4 disbursed as herein provided and shall not at any time be
1511+5 appropriated or diverted to any other use or purpose. Moneys
1512+6 in the Injured Workers' Benefit Fund shall be used only for
1513+7 payment of workers' compensation benefits for injured
1514+8 employees when the employer has failed to provide coverage as
1515+9 determined under this paragraph (d) and has failed to pay the
1516+10 benefits due to the injured employee. The employer shall
1517+11 reimburse the Injured Workers' Benefit Fund for any amounts
1518+12 paid to an employee on account of the compensation awarded by
1519+13 the Commission. The Attorney General shall make reasonable
1520+14 efforts to obtain reimbursement for the Injured Workers'
1521+15 Benefit Fund.
1522+16 The Commission shall have the right to obtain
1523+17 reimbursement from the employer for compensation obligations
1524+18 paid by the Injured Workers' Benefit Fund. Any such amounts
1525+19 obtained shall be deposited by the Commission into the Injured
1526+20 Workers' Benefit Fund. If an injured employee or his or her
1527+21 personal representative receives payment from the Injured
1528+22 Workers' Benefit Fund, the State of Illinois has the same
1529+23 rights under paragraph (b) of Section 5 that the employer who
1530+24 failed to pay the benefits due to the injured employee would
1531+25 have had if the employer had paid those benefits, and any
1532+26 moneys recovered by the State as a result of the State's
1533+
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1538+ SB1996 Enrolled - 43 - LRB103 28652 SPS 55033 b
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1542+ SB1996 Enrolled - 44 - LRB103 28652 SPS 55033 b
1543+1 exercise of its rights under paragraph (b) of Section 5 shall
1544+2 be deposited into the Injured Workers' Benefit Fund. The
1545+3 custodian of the Injured Workers' Benefit Fund shall be joined
1546+4 with the employer as a party respondent in the application for
1547+5 adjustment of claim. After July 1, 2006, the Commission shall
1548+6 make disbursements from the Fund once each year to each
1549+7 eligible claimant. An eligible claimant is an injured worker
1550+8 who has within the previous fiscal year obtained a final award
1551+9 for benefits from the Commission against the employer and the
1552+10 Injured Workers' Benefit Fund and has notified the Commission
1553+11 within 90 days of receipt of such award. Within a reasonable
1554+12 time after the end of each fiscal year, the Commission shall
1555+13 make a disbursement to each eligible claimant. At the time of
1556+14 disbursement, if there are insufficient moneys in the Fund to
1557+15 pay all claims, each eligible claimant shall receive a
1558+16 pro-rata share, as determined by the Commission, of the
1559+17 available moneys in the Fund for that year. Payment from the
1560+18 Injured Workers' Benefit Fund to an eligible claimant pursuant
1561+19 to this provision shall discharge the obligations of the
1562+20 Injured Workers' Benefit Fund regarding the award entered by
1563+21 the Commission.
1564+22 (e) This Act shall not affect or disturb the continuance
1565+23 of any existing insurance, mutual aid, benefit, or relief
1566+24 association or department, whether maintained in whole or in
1567+25 part by the employer or whether maintained by the employees,
1568+26 the payment of benefits of such association or department
1569+
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1571+
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1574+ SB1996 Enrolled - 44 - LRB103 28652 SPS 55033 b
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1578+ SB1996 Enrolled - 45 - LRB103 28652 SPS 55033 b
1579+1 being guaranteed by the employer or by some person, firm or
1580+2 corporation for him or her: Provided, the employer contributes
1581+3 to such association or department an amount not less than the
1582+4 full compensation herein provided, exclusive of the cost of
1583+5 the maintenance of such association or department and without
1584+6 any expense to the employee. This Act shall not prevent the
1585+7 organization and maintaining under the insurance laws of this
1586+8 State of any benefit or insurance company for the purpose of
1587+9 insuring against the compensation provided for in this Act,
1588+10 the expense of which is maintained by the employer. This Act
1589+11 shall not prevent the organization or maintaining under the
1590+12 insurance laws of this State of any voluntary mutual aid,
1591+13 benefit or relief association among employees for the payment
1592+14 of additional accident or sick benefits.
1593+15 (f) No existing insurance, mutual aid, benefit or relief
1594+16 association or department shall, by reason of anything herein
1595+17 contained, be authorized to discontinue its operation without
1596+18 first discharging its obligations to any and all persons
1597+19 carrying insurance in the same or entitled to relief or
1598+20 benefits therein.
1599+21 (g) Any contract, oral, written or implied, of employment
1600+22 providing for relief benefit, or insurance or any other device
1601+23 whereby the employee is required to pay any premium or
1602+24 premiums for insurance against the compensation provided for
1603+25 in this Act shall be null and void. Any employer withholding
1604+26 from the wages of any employee any amount for the purpose of
1605+
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1609+
1610+ SB1996 Enrolled - 45 - LRB103 28652 SPS 55033 b
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1614+ SB1996 Enrolled - 46 - LRB103 28652 SPS 55033 b
1615+1 paying any such premium shall be guilty of a Class B
1616+2 misdemeanor.
1617+3 In the event the employer does not pay the compensation
1618+4 for which he or she is liable, then an insurance company,
1619+5 association or insurer which may have insured such employer
1620+6 against such liability shall become primarily liable to pay to
1621+7 the employee, his or her personal representative or
1622+8 beneficiary the compensation required by the provisions of
1623+9 this Act to be paid by such employer. The insurance carrier may
1624+10 be made a party to the proceedings in which the employer is a
1625+11 party and an award may be entered jointly against the employer
1626+12 and the insurance carrier.
1627+13 (h) It shall be unlawful for any employer, insurance
1628+14 company or service or adjustment company to interfere with,
1629+15 restrain or coerce an employee in any manner whatsoever in the
1630+16 exercise of the rights or remedies granted to him or her by
1631+17 this Act or to discriminate, attempt to discriminate, or
1632+18 threaten to discriminate against an employee in any way
1633+19 because of his or her exercise of the rights or remedies
1634+20 granted to him or her by this Act.
1635+21 It shall be unlawful for any employer, individually or
1636+22 through any insurance company or service or adjustment
1637+23 company, to discharge or to threaten to discharge, or to
1638+24 refuse to rehire or recall to active service in a suitable
1639+25 capacity an employee because of the exercise of his or her
1640+26 rights or remedies granted to him or her by this Act.
1641+
1642+
1643+
1644+
1645+
1646+ SB1996 Enrolled - 46 - LRB103 28652 SPS 55033 b
1647+
1648+
1649+SB1996 Enrolled- 47 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 47 - LRB103 28652 SPS 55033 b
1650+ SB1996 Enrolled - 47 - LRB103 28652 SPS 55033 b
1651+1 (i) If an employer elects to obtain a life insurance
1652+2 policy on his employees, he may also elect to apply such
1653+3 benefits in satisfaction of all or a portion of the death
1654+4 benefits payable under this Act, in which case, the employer's
1655+5 compensation premium shall be reduced accordingly.
1656+6 (j) Within 45 days of receipt of an initial application or
1657+7 application to renew self-insurance privileges the
1658+8 Self-Insurers Advisory Board shall review and submit for
1659+9 approval by the Chairman of the Commission recommendations of
1660+10 disposition of all initial applications to self-insure and all
1661+11 applications to renew self-insurance privileges filed by
1662+12 private self-insurers pursuant to the provisions of this
1663+13 Section and Section 4a-9 of this Act. Each private
1664+14 self-insurer shall submit with its initial and renewal
1665+15 applications the application fee required by Section 4a-4 of
1666+16 this Act.
1667+17 The Chairman of the Commission shall promptly act upon all
1668+18 initial applications and applications for renewal in full
1669+19 accordance with the recommendations of the Board or, should
1670+20 the Chairman disagree with any recommendation of disposition
1671+21 of the Self-Insurer's Advisory Board, he shall within 30 days
1672+22 of receipt of such recommendation provide to the Board in
1673+23 writing the reasons supporting his decision. The Chairman
1674+24 shall also promptly notify the employer of his decision within
1675+25 15 days of receipt of the recommendation of the Board.
1676+26 If an employer is denied a renewal of self-insurance
1677+
1678+
1679+
1680+
1681+
1682+ SB1996 Enrolled - 47 - LRB103 28652 SPS 55033 b
1683+
1684+
1685+SB1996 Enrolled- 48 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 48 - LRB103 28652 SPS 55033 b
1686+ SB1996 Enrolled - 48 - LRB103 28652 SPS 55033 b
1687+1 privileges pursuant to application it shall retain said
1688+2 privilege for 120 days after receipt of a notice of
1689+3 cancellation of the privilege from the Chairman of the
1690+4 Commission.
1691+5 All orders made by the Chairman under this Section shall
1692+6 be subject to review by the courts, such review to be taken in
1693+7 the same manner and within the same time as provided by
1694+8 subsection (f) of Section 19 of this Act for review of awards
1695+9 and decisions of the Commission, upon the party seeking the
1696+10 review filing with the clerk of the court to which such review
1697+11 is taken a bond in an amount to be fixed and approved by the
1698+12 court to which the review is taken, conditioned upon the
1699+13 payment of all compensation awarded against the person taking
1700+14 such review pending a decision thereof and further conditioned
1701+15 upon such other obligations as the court may impose. Upon the
1702+16 review the Circuit Court shall have power to review all
1703+17 questions of fact as well as of law.
1704+18 (Source: P.A. 101-384, eff. 1-1-20; 102-37, eff. 7-1-21.)
1705+19 (820 ILCS 305/4a-5) (from Ch. 48, par. 138.4a-5)
1706+20 Sec. 4a-5. There is hereby created a Self-Insurers
1707+21 Security Fund. The State Treasurer shall be the ex officio
1708+22 custodian of the Self-Insurers Security Fund. Moneys in the
1709+23 Fund shall be deposited in a separate account in the same
1710+24 manner as are State Funds and any interest accruing thereon
1711+25 shall be added thereto every 6 months. It shall be subject to
1712+
1713+
1714+
1715+
1716+
1717+ SB1996 Enrolled - 48 - LRB103 28652 SPS 55033 b
1718+
1719+
1720+SB1996 Enrolled- 49 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 49 - LRB103 28652 SPS 55033 b
1721+ SB1996 Enrolled - 49 - LRB103 28652 SPS 55033 b
1722+1 audit the same as State funds and accounts and shall be
1723+2 protected by the general bond given by the State Treasurer.
1724+3 The funds in the Self-Insurers Security Fund shall not be
1725+4 subject to appropriation and shall be made available for the
1726+5 purposes of compensating employees who are eligible to receive
1727+6 benefits from their employers pursuant to the provisions of
1728+7 the Workers' Compensation Act or Workers' Occupational
1729+8 Diseases Act, when, pursuant to this Section, the Board has
1730+9 determined that a private self-insurer has become an insolvent
1731+10 self-insurer and is unable to pay compensation benefits due to
1732+11 financial insolvency. Moneys in the Fund may be used to
1733+12 compensate any type of injury or occupational disease which is
1734+13 compensable under either Act, and for all claims for related
1735+14 administrative fees, operating costs of the Board, attorney's
1736+15 fees, and other costs reasonably incurred by the Board. Moneys
1737+16 in the Self-Insurers Security Fund may also be used for paying
1738+17 the salaries and benefits of the Self-Insurers Advisory Board
1739+18 employees and the operating costs of the Board. The Chairman,
1740+19 with the advice of the Board, may direct the State Comptroller
1741+20 and the State Treasurer to transfer up to $2,000,000 in any
1742+21 fiscal year from the Self-Insurers Security Fund to the
1743+22 Illinois Workers' Compensation Commission Operations Fund, to
1744+23 the extent that there are insufficient funds in the Illinois
1745+24 Workers' Compensation Commission Operations Fund to pay the
1746+25 operating costs of the Illinois Workers' Compensation
1747+26 Commission or the salaries and benefits of employees of the
1748+
1749+
1750+
1751+
1752+
1753+ SB1996 Enrolled - 49 - LRB103 28652 SPS 55033 b
1754+
1755+
1756+SB1996 Enrolled- 50 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 50 - LRB103 28652 SPS 55033 b
1757+ SB1996 Enrolled - 50 - LRB103 28652 SPS 55033 b
1758+1 Illinois Workers' Compensation Commission. No later than
1759+2 October 31 of the fiscal year following any transfer from the
1760+3 Self-Insurers Security Fund to the Illinois Workers'
1761+4 Compensation Commission Operations Fund, the Chairman, with
1762+5 the advice of the Board, shall direct the State Comptroller
1763+6 and the State Treasurer to transfer from the Illinois Workers'
1764+7 Compensation Commission Operations Fund to the Self-Insurers
1765+8 Security Fund an amount equivalent to the sum of all amounts
1766+9 transferred from the Self-Insurers Security Fund to the
1767+10 Illinois Workers' Compensation Commission Operations Fund in
1768+11 the prior fiscal year with interest at the rate earned by
1769+12 moneys on deposit in the Self-Insurers Security Fund. Upon
1770+13 receipt of funds from any transfer between the Self-Insurers
1771+14 Security Fund and the Illinois Workers' Compensation
1772+15 Commission Operations Fund, the Chairman shall submit notice,
1773+16 including the date and amount of the transfer, to the Governor
1774+17 and the General Assembly. Payment from the Self-Insurers
1775+18 Security Fund shall be made by the Comptroller only upon the
1776+19 authorization of the Chairman as evidenced by properly
1777+20 certified vouchers of the Commission, upon the direction of
1778+21 the Board.
1779+22 (Source: P.A. 101-40, eff. 1-1-20; 102-558, eff. 8-20-21;
1780+23 102-910, eff. 5-27-22.)
1781+24 (820 ILCS 305/4d)
1782+25 Sec. 4d. Illinois Workers' Compensation Commission
1783+
1784+
1785+
1786+
1787+
1788+ SB1996 Enrolled - 50 - LRB103 28652 SPS 55033 b
1789+
1790+
1791+SB1996 Enrolled- 51 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 51 - LRB103 28652 SPS 55033 b
1792+ SB1996 Enrolled - 51 - LRB103 28652 SPS 55033 b
1793+1 Operations Fund Fee.
1794+2 (a) As of the effective date of this amendatory Act of the
1795+3 93rd General Assembly, each employer that self-insures its
1796+4 liabilities arising under this Act or Workers' Occupational
1797+5 Diseases Act shall pay a fee measured by the annual actual
1798+6 wages paid in this State of such an employer in the manner
1799+7 provided in this Section. Such proceeds shall be deposited in
1800+8 the Illinois Workers' Compensation Commission Operations Fund.
1801+9 If an employer survives or was formed by a merger,
1802+10 consolidation, reorganization, or reincorporation, the actual
1803+11 wages paid in this State of all employers party to the merger,
1804+12 consolidation, reorganization, or reincorporation shall, for
1805+13 purposes of determining the amount of the fee imposed by this
1806+14 Section, be regarded as those of the surviving or new
1807+15 employer.
1808+16 (b) Beginning on July 30, 2004 (the effective date of
1809+17 Public Act 93-840) and on July 1 of each year thereafter
1810+18 through 2023, the Chairman shall charge and collect an annual
1811+19 Illinois Workers' Compensation Commission Operations Fund Fee
1812+20 from every employer subject to subsection (a) of this Section
1813+21 equal to 0.0075% of its annual actual wages paid in this State
1814+22 as reported in each employer's annual self-insurance renewal
1815+23 filed for the previous year as required by Section 4 of this
1816+24 Act and Section 4 of the Workers' Occupational Diseases Act.
1817+25 Beginning on July 1, 2024 and on July 1 of each year
1818+26 thereafter, the Chairman shall charge and collect an annual
1819+
1820+
1821+
1822+
1823+
1824+ SB1996 Enrolled - 51 - LRB103 28652 SPS 55033 b
1825+
1826+
1827+SB1996 Enrolled- 52 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 52 - LRB103 28652 SPS 55033 b
1828+ SB1996 Enrolled - 52 - LRB103 28652 SPS 55033 b
1829+1 Illinois Workers' Compensation Commission Operations Fund Fee
1830+2 from every employer subject to subsection (a) of this Section
1831+3 equal to 0.0081% of its annual actual wages paid in this State
1832+4 as reported in each employer's annual self-insurance renewal
1833+5 filed for the previous year as required by Section 4 of this
1834+6 Act and Section 4 of the Workers' Occupational Diseases Act.
1835+7 All sums collected by the Commission under the provisions of
1836+8 this Section shall be paid promptly after the receipt of the
1837+9 same, accompanied by a detailed statement thereof, into the
1838+10 Illinois Workers' Compensation Commission Operations Fund. The
1839+11 fee due pursuant to Public Act 93-840 shall be collected
1840+12 instead of the fee due on July 1, 2004 under Public Act 93-32.
1841+13 Payment of the fee due under Public Act 93-840 shall discharge
1842+14 the employer's obligations due on July 1, 2004.
1843+15 (c) In addition to the authority specifically granted
1844+16 under Section 16, the Chairman shall have such authority to
1845+17 adopt rules or establish forms as may be reasonably necessary
1846+18 for purposes of enforcing this Section. The Commission shall
1847+19 have authority to defer, waive, or abate the fee or any
1848+20 penalties imposed by this Section if in the Commission's
1849+21 opinion the employer's solvency and ability to meet its
1850+22 obligations to pay workers' compensation benefits would be
1851+23 immediately threatened by payment of the fee due.
1852+24 (d) When an employer fails to pay the full amount of any
1853+25 annual Illinois Workers' Compensation Commission Operations
1854+26 Fund Fee of $100 or more due under this Section, there shall be
1855+
1856+
1857+
1858+
1859+
1860+ SB1996 Enrolled - 52 - LRB103 28652 SPS 55033 b
1861+
1862+
1863+SB1996 Enrolled- 53 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 53 - LRB103 28652 SPS 55033 b
1864+ SB1996 Enrolled - 53 - LRB103 28652 SPS 55033 b
1865+1 added to the amount due as a penalty the greater of $1,000 or
1866+2 an amount equal to 5% of the deficiency for each month or part
1867+3 of a month that the deficiency remains unpaid.
1868+4 (e) The Commission may enforce the collection of any
1869+5 delinquent payment, penalty or portion thereof by legal action
1870+6 or in any other manner by which the collection of debts due the
1871+7 State of Illinois may be enforced under the laws of this State.
1872+8 (f) Whenever it appears to the satisfaction of the
1873+9 Chairman that an employer has paid pursuant to this Act an
1874+10 Illinois Workers' Compensation Commission Operations Fund Fee
1875+11 in an amount in excess of the amount legally collectable from
1876+12 the employer, the Chairman shall issue a credit memorandum for
1877+13 an amount equal to the amount of such overpayment. A credit
1878+14 memorandum may be applied for the 2-year period from the date
1879+15 of issuance against the payment of any amount due during that
1880+16 period under the fee imposed by this Section or, subject to
1881+17 reasonable rule of the Commission including requirement of
1882+18 notification, may be assigned to any other employer subject to
1883+19 regulation under this Act. Any application of credit memoranda
1884+20 after the period provided for in this Section is void.
1885+21 (Source: P.A. 95-331, eff. 8-21-07.)
1886+22 (820 ILCS 305/7) (from Ch. 48, par. 138.7)
1887+23 Sec. 7. The amount of compensation which shall be paid for
1888+24 an accidental injury to the employee resulting in death is:
1889+25 (a) If the employee leaves surviving a widow, widower,
1890+
1891+
1892+
1893+
1894+
1895+ SB1996 Enrolled - 53 - LRB103 28652 SPS 55033 b
1896+
1897+
1898+SB1996 Enrolled- 54 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 54 - LRB103 28652 SPS 55033 b
1899+ SB1996 Enrolled - 54 - LRB103 28652 SPS 55033 b
1900+1 child or children, the applicable weekly compensation rate
1901+2 computed in accordance with subparagraph 2 of paragraph (b) of
1902+3 Section 8, shall be payable during the life of the widow or
1903+4 widower and if any surviving child or children shall not be
1904+5 physically or mentally incapacitated then until the death of
1905+6 the widow or widower or until the youngest child shall reach
1906+7 the age of 18, whichever shall come later; provided that if
1907+8 such child or children shall be enrolled as a full time student
1908+9 in any accredited educational institution, the payments shall
1909+10 continue until such child has attained the age of 25. In the
1910+11 event any surviving child or children shall be physically or
1911+12 mentally incapacitated, the payments shall continue for the
1912+13 duration of such incapacity.
1913+14 The term "child" means a child whom the deceased employee
1914+15 left surviving, including a posthumous child, a child legally
1915+16 adopted, a child whom the deceased employee was legally
1916+17 obligated to support or a child to whom the deceased employee
1917+18 stood in loco parentis. The term "children" means the plural
1918+19 of "child".
1919+20 The term "physically or mentally incapacitated child or
1920+21 children" means a child or children incapable of engaging in
1921+22 regular and substantial gainful employment.
1922+23 In the event of the remarriage of a widow or widower, where
1923+24 the decedent did not leave surviving any child or children
1924+25 who, at the time of such remarriage, are entitled to
1925+26 compensation benefits under this Act, the surviving spouse
1926+
1927+
1928+
1929+
1930+
1931+ SB1996 Enrolled - 54 - LRB103 28652 SPS 55033 b
1932+
1933+
1934+SB1996 Enrolled- 55 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 55 - LRB103 28652 SPS 55033 b
1935+ SB1996 Enrolled - 55 - LRB103 28652 SPS 55033 b
1936+1 shall be paid a lump sum equal to 2 years compensation benefits
1937+2 and all further rights of such widow or widower shall be
1938+3 extinguished.
1939+4 If the employee leaves surviving any child or children
1940+5 under 18 years of age who at the time of death shall be
1941+6 entitled to compensation under this paragraph (a) of this
1942+7 Section, the weekly compensation payments herein provided for
1943+8 such child or children shall in any event continue for a period
1944+9 of not less than 6 years.
1945+10 Any beneficiary entitled to compensation under this
1946+11 paragraph (a) of this Section shall receive from the special
1947+12 fund provided in paragraph (f) of this Section, in addition to
1948+13 the compensation herein provided, supplemental benefits in
1949+14 accordance with paragraph (g) of Section 8.
1950+15 (b) If no compensation is payable under paragraph (a) of
1951+16 this Section and the employee leaves surviving a parent or
1952+17 parents who at the time of the accident were totally dependent
1953+18 upon the earnings of the employee then weekly payments equal
1954+19 to the compensation rate payable in the case where the
1955+20 employee leaves surviving a widow or widower, shall be paid to
1956+21 such parent or parents for the duration of their lives, and in
1957+22 the event of the death of either, for the life of the survivor.
1958+23 (c) If no compensation is payable under paragraphs (a) or
1959+24 (b) of this Section and the employee leaves surviving any
1960+25 child or children who are not entitled to compensation under
1961+26 the foregoing paragraph (a) but who at the time of the accident
1962+
1963+
1964+
1965+
1966+
1967+ SB1996 Enrolled - 55 - LRB103 28652 SPS 55033 b
1968+
1969+
1970+SB1996 Enrolled- 56 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 56 - LRB103 28652 SPS 55033 b
1971+ SB1996 Enrolled - 56 - LRB103 28652 SPS 55033 b
1972+1 were nevertheless in any manner dependent upon the earnings of
1973+2 the employee, or leaves surviving a parent or parents who at
1974+3 the time of the accident were partially dependent upon the
1975+4 earnings of the employee, then there shall be paid to such
1976+5 dependent or dependents for a period of 8 years weekly
1977+6 compensation payments at such proportion of the applicable
1978+7 rate if the employee had left surviving a widow or widower as
1979+8 such dependency bears to total dependency. In the event of the
1980+9 death of any such beneficiary the share of such beneficiary
1981+10 shall be divided equally among the surviving beneficiaries and
1982+11 in the event of the death of the last such beneficiary all the
1983+12 rights under this paragraph shall be extinguished.
1984+13 (d) If no compensation is payable under paragraphs (a),
1985+14 (b) or (c) of this Section and the employee leaves surviving
1986+15 any grandparent, grandparents, grandchild or grandchildren or
1987+16 collateral heirs dependent upon the employee's earnings to the
1988+17 extent of 50% or more of total dependency, then there shall be
1989+18 paid to such dependent or dependents for a period of 5 years
1990+19 weekly compensation payments at such proportion of the
1991+20 applicable rate if the employee had left surviving a widow or
1992+21 widower as such dependency bears to total dependency. In the
1993+22 event of the death of any such beneficiary the share of such
1994+23 beneficiary shall be divided equally among the surviving
1995+24 beneficiaries and in the event of the death of the last such
1996+25 beneficiary all rights hereunder shall be extinguished.
1997+26 (e) The compensation to be paid for accidental injury
1998+
1999+
2000+
2001+
2002+
2003+ SB1996 Enrolled - 56 - LRB103 28652 SPS 55033 b
2004+
2005+
2006+SB1996 Enrolled- 57 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 57 - LRB103 28652 SPS 55033 b
2007+ SB1996 Enrolled - 57 - LRB103 28652 SPS 55033 b
2008+1 which results in death, as provided in this Section, shall be
2009+2 paid to the persons who form the basis for determining the
2010+3 amount of compensation to be paid by the employer, the
2011+4 respective shares to be in the proportion of their respective
2012+5 dependency at the time of the accident on the earnings of the
2013+6 deceased. The Commission or an Arbitrator thereof may, in its
2014+7 or his discretion, order or award the payment to the parent or
2015+8 grandparent of a child for the latter's support the amount of
2016+9 compensation which but for such order or award would have been
2017+10 paid to such child as its share of the compensation payable,
2018+11 which order or award may be modified from time to time by the
2019+12 Commission in its discretion with respect to the person to
2020+13 whom shall be paid the amount of the order or award remaining
2021+14 unpaid at the time of the modification.
2022+15 The payments of compensation by the employer in accordance
2023+16 with the order or award of the Commission discharges such
2024+17 employer from all further obligation as to such compensation.
2025+18 (f) The sum of $8,000 for burial expenses shall be paid by
2026+19 the employer to the widow or widower, other dependent, next of
2027+20 kin or to the person or persons incurring the expense of
2028+21 burial.
2029+22 In the event the employer failed to provide necessary
2030+23 first aid, medical, surgical or hospital service, he shall pay
2031+24 the cost thereof to the person or persons entitled to
2032+25 compensation under paragraphs (a), (b), (c) or (d) of this
2033+26 Section, or to the person or persons incurring the obligation
2034+
2035+
2036+
2037+
2038+
2039+ SB1996 Enrolled - 57 - LRB103 28652 SPS 55033 b
2040+
2041+
2042+SB1996 Enrolled- 58 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 58 - LRB103 28652 SPS 55033 b
2043+ SB1996 Enrolled - 58 - LRB103 28652 SPS 55033 b
2044+1 therefore, or providing the same.
2045+2 On January 15 and July 15, 1981, and on January 15 and July
2046+3 15 of each year thereafter the employer shall within 60 days
2047+4 pay a sum equal to 1/8 of 1% of all compensation payments made
2048+5 by him after July 1, 1980, either under this Act or the
2049+6 Workers' Occupational Diseases Act, whether by lump sum
2050+7 settlement or weekly compensation payments, but not including
2051+8 hospital, surgical or rehabilitation payments, made during the
2052+9 first 6 months and during the second 6 months respectively of
2053+10 the fiscal year next preceding the date of the payments, into a
2054+11 special fund which shall be designated the "Second Injury
2055+12 Fund", of which the State Treasurer is ex-officio custodian,
2056+13 such special fund to be held and disbursed for the purposes
2057+14 hereinafter stated in paragraphs (f) and (g) of Section 8,
2058+15 either upon the order of the Commission or of a competent
2059+16 court. Said special fund shall be deposited the same as are
2060+17 State funds and any interest accruing thereon shall be added
2061+18 thereto every 6 months. It is subject to audit the same as
2062+19 State funds and accounts and is protected by the General bond
2063+20 given by the State Treasurer. It is considered always
2064+21 appropriated for the purposes of disbursements as provided in
2065+22 Section 8, paragraph (f), of this Act, and shall be paid out
2066+23 and disbursed as therein provided and shall not at any time be
2067+24 appropriated or diverted to any other use or purpose.
2068+25 On January 15, 1991, the employer shall further pay a sum
2069+26 equal to one half of 1% of all compensation payments made by
2070+
2071+
2072+
2073+
2074+
2075+ SB1996 Enrolled - 58 - LRB103 28652 SPS 55033 b
2076+
2077+
2078+SB1996 Enrolled- 59 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 59 - LRB103 28652 SPS 55033 b
2079+ SB1996 Enrolled - 59 - LRB103 28652 SPS 55033 b
2080+1 him from January 1, 1990 through June 30, 1990 either under
2081+2 this Act or under the Workers' Occupational Diseases Act,
2082+3 whether by lump sum settlement or weekly compensation
2083+4 payments, but not including hospital, surgical or
2084+5 rehabilitation payments, into an additional Special Fund which
2085+6 shall be designated as the "Rate Adjustment Fund". On March
2086+7 15, 1991, the employer shall pay into the Rate Adjustment Fund
2087+8 a sum equal to one half of 1% of all such compensation payments
2088+9 made from July 1, 1990 through December 31, 1990. Within 60
2089+10 days after July 15, 1991, the employer shall pay into the Rate
2090+11 Adjustment Fund a sum equal to one half of 1% of all such
2091+12 compensation payments made from January 1, 1991 through June
2092+13 30, 1991. Within 60 days after January 15 of 1992 and each
2093+14 subsequent year through 1996, the employer shall pay into the
2094+15 Rate Adjustment Fund a sum equal to one half of 1% of all such
2095+16 compensation payments made in the last 6 months of the
2096+17 preceding calendar year. Within 60 days after July 15 of 1992
2097+18 and each subsequent year through 1995, the employer shall pay
2098+19 into the Rate Adjustment Fund a sum equal to one half of 1% of
2099+20 all such compensation payments made in the first 6 months of
2100+21 the same calendar year. Within 60 days after January 15 of 1997
2101+22 and each subsequent year through 2005, the employer shall pay
2102+23 into the Rate Adjustment Fund a sum equal to three-fourths of
2103+24 1% of all such compensation payments made in the last 6 months
2104+25 of the preceding calendar year. Within 60 days after July 15 of
2105+26 1996 and each subsequent year through 2004, the employer shall
2106+
2107+
2108+
2109+
2110+
2111+ SB1996 Enrolled - 59 - LRB103 28652 SPS 55033 b
2112+
2113+
2114+SB1996 Enrolled- 60 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 60 - LRB103 28652 SPS 55033 b
2115+ SB1996 Enrolled - 60 - LRB103 28652 SPS 55033 b
2116+1 pay into the Rate Adjustment Fund a sum equal to three-fourths
2117+2 of 1% of all such compensation payments made in the first 6
2118+3 months of the same calendar year. Within 60 days after July 15
2119+4 of 2005, the employer shall pay into the Rate Adjustment Fund a
2120+5 sum equal to 1% of such compensation payments made in the first
2121+6 6 months of the same calendar year. Within 60 days after
2122+7 January 15 of 2006 and each subsequent year through 2024, the
2123+8 employer shall pay into the Rate Adjustment Fund a sum equal to
2124+9 1.25% of such compensation payments made in the last 6 months
2125+10 of the preceding calendar year. Within 60 days after July 15 of
2126+11 2006 and each subsequent year through 2023, the employer shall
2127+12 pay into the Rate Adjustment Fund a sum equal to 1.25% of such
2128+13 compensation payments made in the first 6 months of the same
2129+14 calendar year. Within 60 days after July 15 of 2024 and each
2130+15 subsequent year thereafter, the employer shall pay into the
2131+16 Rate Adjustment Fund a sum equal to 1.375% of such
2132+17 compensation payments made in the first 6 months of the same
2133+18 calendar year. Within 60 days after January 15 of 2025 and each
2134+19 subsequent year thereafter, the employer shall pay into the
2135+20 Rate Adjustment Fund a sum equal to 1.375% of such
2136+21 compensation payments made in the last 6 months of the
2137+22 preceding calendar year. The administrative costs of
2138+23 collecting assessments from employers for the Rate Adjustment
2139+24 Fund shall be paid from the Rate Adjustment Fund. The cost of
2140+25 an actuarial audit of the Fund shall be paid from the Rate
2141+26 Adjustment Fund. The State Treasurer is ex officio custodian
2142+
2143+
2144+
2145+
2146+
2147+ SB1996 Enrolled - 60 - LRB103 28652 SPS 55033 b
2148+
2149+
2150+SB1996 Enrolled- 61 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 61 - LRB103 28652 SPS 55033 b
2151+ SB1996 Enrolled - 61 - LRB103 28652 SPS 55033 b
2152+1 of such Special Fund and the same shall be held and disbursed
2153+2 for the purposes hereinafter stated in paragraphs (f) and (g)
2154+3 of Section 8 upon the order of the Commission or of a competent
2155+4 court. The Rate Adjustment Fund shall be deposited the same as
2156+5 are State funds and any interest accruing thereon shall be
2157+6 added thereto every 6 months. It shall be subject to audit the
2158+7 same as State funds and accounts and shall be protected by the
2159+8 general bond given by the State Treasurer. It is considered
2160+9 always appropriated for the purposes of disbursements as
2161+10 provided in paragraphs (f) and (g) of Section 8 of this Act and
2162+11 shall be paid out and disbursed as therein provided and shall
2163+12 not at any time be appropriated or diverted to any other use or
2164+13 purpose. Within 5 days after the effective date of this
2165+14 amendatory Act of 1990, the Comptroller and the State
2166+15 Treasurer shall transfer $1,000,000 from the General Revenue
2167+16 Fund to the Rate Adjustment Fund. By February 15, 1991, the
2168+17 Comptroller and the State Treasurer shall transfer $1,000,000
2169+18 from the Rate Adjustment Fund to the General Revenue Fund. The
2170+19 Comptroller and Treasurer are authorized to make transfers at
2171+20 the request of the Chairman up to a total of $19,000,000 from
2172+21 the Second Injury Fund, the General Revenue Fund, and the
2173+22 Workers' Compensation Benefit Trust Fund to the Rate
2174+23 Adjustment Fund to the extent that there is insufficient money
2175+24 in the Rate Adjustment Fund to pay claims and obligations.
2176+25 Amounts may be transferred from the General Revenue Fund only
2177+26 if the funds in the Second Injury Fund or the Workers'
2178+
2179+
2180+
2181+
2182+
2183+ SB1996 Enrolled - 61 - LRB103 28652 SPS 55033 b
2184+
2185+
2186+SB1996 Enrolled- 62 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 62 - LRB103 28652 SPS 55033 b
2187+ SB1996 Enrolled - 62 - LRB103 28652 SPS 55033 b
2188+1 Compensation Benefit Trust Fund are insufficient to pay claims
2189+2 and obligations of the Rate Adjustment Fund. All amounts
2190+3 transferred from the Second Injury Fund, the General Revenue
2191+4 Fund, and the Workers' Compensation Benefit Trust Fund shall
2192+5 be repaid from the Rate Adjustment Fund within 270 days of a
2193+6 transfer, together with interest at the rate earned by moneys
2194+7 on deposit in the Fund or Funds from which the moneys were
2195+8 transferred.
2196+9 Upon a finding by the Commission, after reasonable notice
2197+10 and hearing, that any employer has willfully and knowingly
2198+11 failed to pay the proper amounts into the Second Injury Fund or
2199+12 the Rate Adjustment Fund required by this Section or if such
2200+13 payments are not made within the time periods prescribed by
2201+14 this Section, the employer shall, in addition to such
2202+15 payments, pay a penalty of 20% of the amount required to be
2203+16 paid or $2,500, whichever is greater, for each year or part
2204+17 thereof of such failure to pay. This penalty shall only apply
2205+18 to obligations of an employer to the Second Injury Fund or the
2206+19 Rate Adjustment Fund accruing after the effective date of this
2207+20 amendatory Act of 1989. All or part of such a penalty may be
2208+21 waived by the Commission for good cause shown.
2209+22 Any obligations of an employer to the Second Injury Fund
2210+23 and Rate Adjustment Fund accruing prior to the effective date
2211+24 of this amendatory Act of 1989 shall be paid in full by such
2212+25 employer within 5 years of the effective date of this
2213+26 amendatory Act of 1989, with at least one-fifth of such
2214+
2215+
2216+
2217+
2218+
2219+ SB1996 Enrolled - 62 - LRB103 28652 SPS 55033 b
2220+
2221+
2222+SB1996 Enrolled- 63 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 63 - LRB103 28652 SPS 55033 b
2223+ SB1996 Enrolled - 63 - LRB103 28652 SPS 55033 b
2224+1 obligation to be paid during each year following the effective
2225+2 date of this amendatory Act of 1989. If the Commission finds,
2226+3 following reasonable notice and hearing, that an employer has
2227+4 failed to make timely payment of any obligation accruing under
2228+5 the preceding sentence, the employer shall, in addition to all
2229+6 other payments required by this Section, be liable for a
2230+7 penalty equal to 20% of the overdue obligation or $2,500,
2231+8 whichever is greater, for each year or part thereof that
2232+9 obligation is overdue. All or part of such a penalty may be
2233+10 waived by the Commission for good cause shown.
2234+11 The Chairman of the Illinois Workers' Compensation
2235+12 Commission shall, annually, furnish to the Director of the
2236+13 Department of Insurance a list of the amounts paid into the
2237+14 Second Injury Fund and the Rate Adjustment Fund by each
2238+15 insurance company on behalf of their insured employers. The
2239+16 Director shall verify to the Chairman that the amounts paid by
2240+17 each insurance company are accurate as best as the Director
2241+18 can determine from the records available to the Director. The
2242+19 Chairman shall verify that the amounts paid by each
2243+20 self-insurer are accurate as best as the Chairman can
2244+21 determine from records available to the Chairman. The Chairman
2245+22 may require each self-insurer to provide information
2246+23 concerning the total compensation payments made upon which
2247+24 contributions to the Second Injury Fund and the Rate
2248+25 Adjustment Fund are predicated and any additional information
2249+26 establishing that such payments have been made into these
2250+
2251+
2252+
2253+
2254+
2255+ SB1996 Enrolled - 63 - LRB103 28652 SPS 55033 b
2256+
2257+
2258+SB1996 Enrolled- 64 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 64 - LRB103 28652 SPS 55033 b
2259+ SB1996 Enrolled - 64 - LRB103 28652 SPS 55033 b
2260+1 funds. Any deficiencies in payments noted by the Director or
2261+2 Chairman shall be subject to the penalty provisions of this
2262+3 Act.
2263+4 The State Treasurer, or his duly authorized
2264+5 representative, shall be named as a party to all proceedings
2265+6 in all cases involving claim for the loss of, or the permanent
2266+7 and complete loss of the use of one eye, one foot, one leg, one
2267+8 arm or one hand.
2268+9 The State Treasurer or his duly authorized agent shall
2269+10 have the same rights as any other party to the proceeding,
2270+11 including the right to petition for review of any award. The
2271+12 reasonable expenses of litigation, such as medical
2272+13 examinations, testimony, and transcript of evidence, incurred
2273+14 by the State Treasurer or his duly authorized representative,
2274+15 shall be borne by the Second Injury Fund.
2275+16 If the award is not paid within 30 days after the date the
2276+17 award has become final, the Commission shall proceed to take
2277+18 judgment thereon in its own name as is provided for other
2278+19 awards by paragraph (g) of Section 19 of this Act and take the
2279+20 necessary steps to collect the award.
2280+21 Any person, corporation or organization who has paid or
2281+22 become liable for the payment of burial expenses of the
2282+23 deceased employee may in his or its own name institute
2283+24 proceedings before the Commission for the collection thereof.
2284+25 For the purpose of administration, receipts and
2285+26 disbursements, the Special Fund provided for in paragraph (f)
2286+
2287+
2288+
2289+
2290+
2291+ SB1996 Enrolled - 64 - LRB103 28652 SPS 55033 b
2292+
2293+
2294+SB1996 Enrolled- 65 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 65 - LRB103 28652 SPS 55033 b
2295+ SB1996 Enrolled - 65 - LRB103 28652 SPS 55033 b
2296+1 of this Section shall be administered jointly with the Special
2297+2 Fund provided for in Section 7, paragraph (f) of the Workers'
2298+3 Occupational Diseases Act.
2299+4 (g) All compensation, except for burial expenses provided
2300+5 in this Section to be paid in case accident results in death,
2301+6 shall be paid in installments equal to the percentage of the
2302+7 average earnings as provided for in Section 8, paragraph (b)
2303+8 of this Act, at the same intervals at which the wages or
2304+9 earnings of the employees were paid. If this is not feasible,
2305+10 then the installments shall be paid weekly. Such compensation
2306+11 may be paid in a lump sum upon petition as provided in Section
2307+12 9 of this Act. However, in addition to the benefits provided by
2308+13 Section 9 of this Act where compensation for death is payable
2309+14 to the deceased's widow, widower or to the deceased's widow,
2310+15 widower and one or more children, and where a partial lump sum
2311+16 is applied for by such beneficiary or beneficiaries within 18
2312+17 months after the deceased's death, the Commission may, in its
2313+18 discretion, grant a partial lump sum of not to exceed 100 weeks
2314+19 of the compensation capitalized at their present value upon
2315+20 the basis of interest calculated at 3% per annum with annual
2316+21 rests, upon a showing that such partial lump sum is for the
2317+22 best interest of such beneficiary or beneficiaries.
2318+23 (h) In case the injured employee is under 16 years of age
2319+24 at the time of the accident and is illegally employed, the
2320+25 amount of compensation payable under paragraphs (a), (b), (c),
2321+26 (d) and (f) of this Section shall be increased 50%.
2322+
2323+
2324+
2325+
2326+
2327+ SB1996 Enrolled - 65 - LRB103 28652 SPS 55033 b
2328+
2329+
2330+SB1996 Enrolled- 66 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 66 - LRB103 28652 SPS 55033 b
2331+ SB1996 Enrolled - 66 - LRB103 28652 SPS 55033 b
2332+1 Nothing herein contained repeals or amends the provisions
2333+2 of the Child Labor Law relating to the employment of minors
2334+3 under the age of 16 years.
2335+4 However, where an employer has on file an employment
2336+5 certificate issued pursuant to the Child Labor Law or work
2337+6 permit issued pursuant to the Federal Fair Labor Standards
2338+7 Act, as amended, or a birth certificate properly and duly
2339+8 issued, such certificate, permit or birth certificate is
2340+9 conclusive evidence as to the age of the injured minor
2341+10 employee for the purposes of this Section only.
2342+11 (i) Whenever the dependents of a deceased employee are
2343+12 noncitizens not residing in the United States, Mexico or
2344+13 Canada, the amount of compensation payable is limited to the
2345+14 beneficiaries described in paragraphs (a), (b) and (c) of this
2346+15 Section and is 50% of the compensation provided in paragraphs
2347+16 (a), (b) and (c) of this Section, except as otherwise provided
2348+17 by treaty.
2349+18 In a case where any of the persons who would be entitled to
2350+19 compensation is living at any place outside of the United
2351+20 States, then payment shall be made to the personal
2352+21 representative of the deceased employee. The distribution by
2353+22 such personal representative to the persons entitled shall be
2354+23 made to such persons and in such manner as the Commission
2355+24 orders.
2356+25 (Source: P.A. 102-1030, eff. 5-27-22.)
2357+
2358+
2359+
2360+
2361+
2362+ SB1996 Enrolled - 66 - LRB103 28652 SPS 55033 b
2363+
2364+
2365+SB1996 Enrolled- 67 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 67 - LRB103 28652 SPS 55033 b
2366+ SB1996 Enrolled - 67 - LRB103 28652 SPS 55033 b
2367+1 (820 ILCS 305/19) (from Ch. 48, par. 138.19)
2368+2 Sec. 19. Any disputed questions of law or fact shall be
2369+3 determined as herein provided.
2370+4 (a) It shall be the duty of the Commission upon
2371+5 notification that the parties have failed to reach an
2372+6 agreement, to designate an Arbitrator.
2373+7 1. Whenever any claimant misconceives his remedy and
2374+8 files an application for adjustment of claim under this
2375+9 Act and it is subsequently discovered, at any time before
2376+10 final disposition of such cause, that the claim for
2377+11 disability or death which was the basis for such
2378+12 application should properly have been made under the
2379+13 Workers' Occupational Diseases Act, then the provisions of
2380+14 Section 19, paragraph (a-1) of the Workers' Occupational
2381+15 Diseases Act having reference to such application shall
2382+16 apply.
2383+17 2. Whenever any claimant misconceives his remedy and
2384+18 files an application for adjustment of claim under the
2385+19 Workers' Occupational Diseases Act and it is subsequently
2386+20 discovered, at any time before final disposition of such
2387+21 cause that the claim for injury or death which was the
2388+22 basis for such application should properly have been made
2389+23 under this Act, then the application so filed under the
2390+24 Workers' Occupational Diseases Act may be amended in form,
2391+25 substance or both to assert claim for such disability or
2392+26 death under this Act and it shall be deemed to have been so
2393+
2394+
2395+
2396+
2397+
2398+ SB1996 Enrolled - 67 - LRB103 28652 SPS 55033 b
2399+
2400+
2401+SB1996 Enrolled- 68 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 68 - LRB103 28652 SPS 55033 b
2402+ SB1996 Enrolled - 68 - LRB103 28652 SPS 55033 b
2403+1 filed as amended on the date of the original filing
2404+2 thereof, and such compensation may be awarded as is
2405+3 warranted by the whole evidence pursuant to this Act. When
2406+4 such amendment is submitted, further or additional
2407+5 evidence may be heard by the Arbitrator or Commission when
2408+6 deemed necessary. Nothing in this Section contained shall
2409+7 be construed to be or permit a waiver of any provisions of
2410+8 this Act with reference to notice but notice if given
2411+9 shall be deemed to be a notice under the provisions of this
2412+10 Act if given within the time required herein.
2413+11 (b) The Arbitrator shall make such inquiries and
2414+12 investigations as he or they shall deem necessary and may
2415+13 examine and inspect all books, papers, records, places, or
2416+14 premises relating to the questions in dispute and hear such
2417+15 proper evidence as the parties may submit.
2418+16 The hearings before the Arbitrator shall be held in the
2419+17 vicinity where the injury occurred after 10 days' notice of
2420+18 the time and place of such hearing shall have been given to
2421+19 each of the parties or their attorneys of record.
2422+20 The Arbitrator may find that the disabling condition is
2423+21 temporary and has not yet reached a permanent condition and
2424+22 may order the payment of compensation up to the date of the
2425+23 hearing, which award shall be reviewable and enforceable in
2426+24 the same manner as other awards, and in no instance be a bar to
2427+25 a further hearing and determination of a further amount of
2428+26 temporary total compensation or of compensation for permanent
2429+
2430+
2431+
2432+
2433+
2434+ SB1996 Enrolled - 68 - LRB103 28652 SPS 55033 b
2435+
2436+
2437+SB1996 Enrolled- 69 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 69 - LRB103 28652 SPS 55033 b
2438+ SB1996 Enrolled - 69 - LRB103 28652 SPS 55033 b
2439+1 disability, but shall be conclusive as to all other questions
2440+2 except the nature and extent of said disability.
2441+3 The decision of the Arbitrator shall be filed with the
2442+4 Commission which Commission shall immediately send to each
2443+5 party or his attorney a copy of such decision, together with a
2444+6 notification of the time when it was filed. As of the effective
2445+7 date of this amendatory Act of the 94th General Assembly, all
2446+8 decisions of the Arbitrator shall set forth in writing
2447+9 findings of fact and conclusions of law, separately stated, if
2448+10 requested by either party. Unless a petition for review is
2449+11 filed by either party within 30 days after the receipt by such
2450+12 party of the copy of the decision and notification of time when
2451+13 filed, and unless such party petitioning for a review shall
2452+14 within 35 days after the receipt by him of the copy of the
2453+15 decision, file with the Commission either an agreed statement
2454+16 of the facts appearing upon the hearing before the Arbitrator,
2455+17 or if such party shall so elect a correct transcript of
2456+18 evidence of the proceedings at such hearings, then the
2457+19 decision shall become the decision of the Commission and in
2458+20 the absence of fraud shall be conclusive. The Petition for
2459+21 Review shall contain a statement of the petitioning party's
2460+22 specific exceptions to the decision of the arbitrator. The
2461+23 jurisdiction of the Commission to review the decision of the
2462+24 arbitrator shall not be limited to the exceptions stated in
2463+25 the Petition for Review. The Commission, or any member
2464+26 thereof, may grant further time not exceeding 30 days, in
2465+
2466+
2467+
2468+
2469+
2470+ SB1996 Enrolled - 69 - LRB103 28652 SPS 55033 b
2471+
2472+
2473+SB1996 Enrolled- 70 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 70 - LRB103 28652 SPS 55033 b
2474+ SB1996 Enrolled - 70 - LRB103 28652 SPS 55033 b
2475+1 which to file such agreed statement or transcript of evidence.
2476+2 Such agreed statement of facts or correct transcript of
2477+3 evidence, as the case may be, shall be authenticated by the
2478+4 signatures of the parties or their attorneys, and in the event
2479+5 they do not agree as to the correctness of the transcript of
2480+6 evidence it shall be authenticated by the signature of the
2481+7 Arbitrator designated by the Commission.
2482+8 Whether the employee is working or not, if the employee is
2483+9 not receiving or has not received medical, surgical, or
2484+10 hospital services or other services or compensation as
2485+11 provided in paragraph (a) of Section 8, or compensation as
2486+12 provided in paragraph (b) of Section 8, the employee may at any
2487+13 time petition for an expedited hearing by an Arbitrator on the
2488+14 issue of whether or not he or she is entitled to receive
2489+15 payment of the services or compensation. Provided the employer
2490+16 continues to pay compensation pursuant to paragraph (b) of
2491+17 Section 8, the employer may at any time petition for an
2492+18 expedited hearing on the issue of whether or not the employee
2493+19 is entitled to receive medical, surgical, or hospital services
2494+20 or other services or compensation as provided in paragraph (a)
2495+21 of Section 8, or compensation as provided in paragraph (b) of
2496+22 Section 8. When an employer has petitioned for an expedited
2497+23 hearing, the employer shall continue to pay compensation as
2498+24 provided in paragraph (b) of Section 8 unless the arbitrator
2499+25 renders a decision that the employee is not entitled to the
2500+26 benefits that are the subject of the expedited hearing or
2501+
2502+
2503+
2504+
2505+
2506+ SB1996 Enrolled - 70 - LRB103 28652 SPS 55033 b
2507+
2508+
2509+SB1996 Enrolled- 71 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 71 - LRB103 28652 SPS 55033 b
2510+ SB1996 Enrolled - 71 - LRB103 28652 SPS 55033 b
2511+1 unless the employee's treating physician has released the
2512+2 employee to return to work at his or her regular job with the
2513+3 employer or the employee actually returns to work at any other
2514+4 job. If the arbitrator renders a decision that the employee is
2515+5 not entitled to the benefits that are the subject of the
2516+6 expedited hearing, a petition for review filed by the employee
2517+7 shall receive the same priority as if the employee had filed a
2518+8 petition for an expedited hearing by an Arbitrator. Neither
2519+9 party shall be entitled to an expedited hearing when the
2520+10 employee has returned to work and the sole issue in dispute
2521+11 amounts to less than 12 weeks of unpaid compensation pursuant
2522+12 to paragraph (b) of Section 8.
2523+13 Expedited hearings shall have priority over all other
2524+14 petitions and shall be heard by the Arbitrator and Commission
2525+15 with all convenient speed. Any party requesting an expedited
2526+16 hearing shall give notice of a request for an expedited
2527+17 hearing under this paragraph. A copy of the Application for
2528+18 Adjustment of Claim shall be attached to the notice. The
2529+19 Commission shall adopt rules and procedures under which the
2530+20 final decision of the Commission under this paragraph is filed
2531+21 not later than 180 days from the date that the Petition for
2532+22 Review is filed with the Commission.
2533+23 Where 2 or more insurance carriers, private self-insureds,
2534+24 or a group workers' compensation pool under Article V 3/4 of
2535+25 the Illinois Insurance Code dispute coverage for the same
2536+26 injury, any such insurance carrier, private self-insured, or
2537+
2538+
2539+
2540+
2541+
2542+ SB1996 Enrolled - 71 - LRB103 28652 SPS 55033 b
2543+
2544+
2545+SB1996 Enrolled- 72 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 72 - LRB103 28652 SPS 55033 b
2546+ SB1996 Enrolled - 72 - LRB103 28652 SPS 55033 b
2547+1 group workers' compensation pool may request an expedited
2548+2 hearing pursuant to this paragraph to determine the issue of
2549+3 coverage, provided coverage is the only issue in dispute and
2550+4 all other issues are stipulated and agreed to and further
2551+5 provided that all compensation benefits including medical
2552+6 benefits pursuant to Section 8(a) continue to be paid to or on
2553+7 behalf of petitioner. Any insurance carrier, private
2554+8 self-insured, or group workers' compensation pool that is
2555+9 determined to be liable for coverage for the injury in issue
2556+10 shall reimburse any insurance carrier, private self-insured,
2557+11 or group workers' compensation pool that has paid benefits to
2558+12 or on behalf of petitioner for the injury.
2559+13 (b-1) If the employee is not receiving medical, surgical
2560+14 or hospital services as provided in paragraph (a) of Section 8
2561+15 or compensation as provided in paragraph (b) of Section 8, the
2562+16 employee, in accordance with Commission Rules, may file a
2563+17 petition for an emergency hearing by an Arbitrator on the
2564+18 issue of whether or not he is entitled to receive payment of
2565+19 such compensation or services as provided therein. Such
2566+20 petition shall have priority over all other petitions and
2567+21 shall be heard by the Arbitrator and Commission with all
2568+22 convenient speed.
2569+23 Such petition shall contain the following information and
2570+24 shall be served on the employer at least 15 days before it is
2571+25 filed:
2572+26 (i) the date and approximate time of accident;
2573+
2574+
2575+
2576+
2577+
2578+ SB1996 Enrolled - 72 - LRB103 28652 SPS 55033 b
2579+
2580+
2581+SB1996 Enrolled- 73 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 73 - LRB103 28652 SPS 55033 b
2582+ SB1996 Enrolled - 73 - LRB103 28652 SPS 55033 b
2583+1 (ii) the approximate location of the accident;
2584+2 (iii) a description of the accident;
2585+3 (iv) the nature of the injury incurred by the
2586+4 employee;
2587+5 (v) the identity of the person, if known, to whom the
2588+6 accident was reported and the date on which it was
2589+7 reported;
2590+8 (vi) the name and title of the person, if known,
2591+9 representing the employer with whom the employee conferred
2592+10 in any effort to obtain compensation pursuant to paragraph
2593+11 (b) of Section 8 of this Act or medical, surgical or
2594+12 hospital services pursuant to paragraph (a) of Section 8
2595+13 of this Act and the date of such conference;
2596+14 (vii) a statement that the employer has refused to pay
2597+15 compensation pursuant to paragraph (b) of Section 8 of
2598+16 this Act or for medical, surgical or hospital services
2599+17 pursuant to paragraph (a) of Section 8 of this Act;
2600+18 (viii) the name and address, if known, of each witness
2601+19 to the accident and of each other person upon whom the
2602+20 employee will rely to support his allegations;
2603+21 (ix) the dates of treatment related to the accident by
2604+22 medical practitioners, and the names and addresses of such
2605+23 practitioners, including the dates of treatment related to
2606+24 the accident at any hospitals and the names and addresses
2607+25 of such hospitals, and a signed authorization permitting
2608+26 the employer to examine all medical records of all
2609+
2610+
2611+
2612+
2613+
2614+ SB1996 Enrolled - 73 - LRB103 28652 SPS 55033 b
2615+
2616+
2617+SB1996 Enrolled- 74 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 74 - LRB103 28652 SPS 55033 b
2618+ SB1996 Enrolled - 74 - LRB103 28652 SPS 55033 b
2619+1 practitioners and hospitals named pursuant to this
2620+2 paragraph;
2621+3 (x) a copy of a signed report by a medical
2622+4 practitioner, relating to the employee's current inability
2623+5 to return to work because of the injuries incurred as a
2624+6 result of the accident or such other documents or
2625+7 affidavits which show that the employee is entitled to
2626+8 receive compensation pursuant to paragraph (b) of Section
2627+9 8 of this Act or medical, surgical or hospital services
2628+10 pursuant to paragraph (a) of Section 8 of this Act. Such
2629+11 reports, documents or affidavits shall state, if possible,
2630+12 the history of the accident given by the employee, and
2631+13 describe the injury and medical diagnosis, the medical
2632+14 services for such injury which the employee has received
2633+15 and is receiving, the physical activities which the
2634+16 employee cannot currently perform as a result of any
2635+17 impairment or disability due to such injury, and the
2636+18 prognosis for recovery;
2637+19 (xi) complete copies of any reports, records,
2638+20 documents and affidavits in the possession of the employee
2639+21 on which the employee will rely to support his
2640+22 allegations, provided that the employer shall pay the
2641+23 reasonable cost of reproduction thereof;
2642+24 (xii) a list of any reports, records, documents and
2643+25 affidavits which the employee has demanded by subpoena and
2644+26 on which he intends to rely to support his allegations;
2645+
2646+
2647+
2648+
2649+
2650+ SB1996 Enrolled - 74 - LRB103 28652 SPS 55033 b
2651+
2652+
2653+SB1996 Enrolled- 75 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 75 - LRB103 28652 SPS 55033 b
2654+ SB1996 Enrolled - 75 - LRB103 28652 SPS 55033 b
2655+1 (xiii) a certification signed by the employee or his
2656+2 representative that the employer has received the petition
2657+3 with the required information 15 days before filing.
2658+4 Fifteen days after receipt by the employer of the petition
2659+5 with the required information the employee may file said
2660+6 petition and required information and shall serve notice of
2661+7 the filing upon the employer. The employer may file a motion
2662+8 addressed to the sufficiency of the petition. If an objection
2663+9 has been filed to the sufficiency of the petition, the
2664+10 arbitrator shall rule on the objection within 2 working days.
2665+11 If such an objection is filed, the time for filing the final
2666+12 decision of the Commission as provided in this paragraph shall
2667+13 be tolled until the arbitrator has determined that the
2668+14 petition is sufficient.
2669+15 The employer shall, within 15 days after receipt of the
2670+16 notice that such petition is filed, file with the Commission
2671+17 and serve on the employee or his representative a written
2672+18 response to each claim set forth in the petition, including
2673+19 the legal and factual basis for each disputed allegation and
2674+20 the following information: (i) complete copies of any reports,
2675+21 records, documents and affidavits in the possession of the
2676+22 employer on which the employer intends to rely in support of
2677+23 his response, (ii) a list of any reports, records, documents
2678+24 and affidavits which the employer has demanded by subpoena and
2679+25 on which the employer intends to rely in support of his
2680+26 response, (iii) the name and address of each witness on whom
2681+
2682+
2683+
2684+
2685+
2686+ SB1996 Enrolled - 75 - LRB103 28652 SPS 55033 b
2687+
2688+
2689+SB1996 Enrolled- 76 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 76 - LRB103 28652 SPS 55033 b
2690+ SB1996 Enrolled - 76 - LRB103 28652 SPS 55033 b
2691+1 the employer will rely to support his response, and (iv) the
2692+2 names and addresses of any medical practitioners selected by
2693+3 the employer pursuant to Section 12 of this Act and the time
2694+4 and place of any examination scheduled to be made pursuant to
2695+5 such Section.
2696+6 Any employer who does not timely file and serve a written
2697+7 response without good cause may not introduce any evidence to
2698+8 dispute any claim of the employee but may cross examine the
2699+9 employee or any witness brought by the employee and otherwise
2700+10 be heard.
2701+11 No document or other evidence not previously identified by
2702+12 either party with the petition or written response, or by any
2703+13 other means before the hearing, may be introduced into
2704+14 evidence without good cause. If, at the hearing, material
2705+15 information is discovered which was not previously disclosed,
2706+16 the Arbitrator may extend the time for closing proof on the
2707+17 motion of a party for a reasonable period of time which may be
2708+18 more than 30 days. No evidence may be introduced pursuant to
2709+19 this paragraph as to permanent disability. No award may be
2710+20 entered for permanent disability pursuant to this paragraph.
2711+21 Either party may introduce into evidence the testimony taken
2712+22 by deposition of any medical practitioner.
2713+23 The Commission shall adopt rules, regulations and
2714+24 procedures whereby the final decision of the Commission is
2715+25 filed not later than 90 days from the date the petition for
2716+26 review is filed but in no event later than 180 days from the
2717+
2718+
2719+
2720+
2721+
2722+ SB1996 Enrolled - 76 - LRB103 28652 SPS 55033 b
2723+
2724+
2725+SB1996 Enrolled- 77 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 77 - LRB103 28652 SPS 55033 b
2726+ SB1996 Enrolled - 77 - LRB103 28652 SPS 55033 b
2727+1 date the petition for an emergency hearing is filed with the
2728+2 Illinois Workers' Compensation Commission.
2729+3 All service required pursuant to this paragraph (b-1) must
2730+4 be by personal service or by certified mail and with evidence
2731+5 of receipt. In addition for the purposes of this paragraph,
2732+6 all service on the employer must be at the premises where the
2733+7 accident occurred if the premises are owned or operated by the
2734+8 employer. Otherwise service must be at the employee's
2735+9 principal place of employment by the employer. If service on
2736+10 the employer is not possible at either of the above, then
2737+11 service shall be at the employer's principal place of
2738+12 business. After initial service in each case, service shall be
2739+13 made on the employer's attorney or designated representative.
2740+14 (c)(1) At a reasonable time in advance of and in
2741+15 connection with the hearing under Section 19(e) or 19(h), the
2742+16 Commission may on its own motion order an impartial physical
2743+17 or mental examination of a petitioner whose mental or physical
2744+18 condition is in issue, when in the Commission's discretion it
2745+19 appears that such an examination will materially aid in the
2746+20 just determination of the case. The examination shall be made
2747+21 by a member or members of a panel of physicians chosen for
2748+22 their special qualifications by the Illinois State Medical
2749+23 Society. The Commission shall establish procedures by which a
2750+24 physician shall be selected from such list.
2751+25 (2) Should the Commission at any time during the hearing
2752+26 find that compelling considerations make it advisable to have
2753+
2754+
2755+
2756+
2757+
2758+ SB1996 Enrolled - 77 - LRB103 28652 SPS 55033 b
2759+
2760+
2761+SB1996 Enrolled- 78 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 78 - LRB103 28652 SPS 55033 b
2762+ SB1996 Enrolled - 78 - LRB103 28652 SPS 55033 b
2763+1 an examination and report at that time, the commission may in
2764+2 its discretion so order.
2765+3 (3) A copy of the report of examination shall be given to
2766+4 the Commission and to the attorneys for the parties.
2767+5 (4) Either party or the Commission may call the examining
2768+6 physician or physicians to testify. Any physician so called
2769+7 shall be subject to cross-examination.
2770+8 (5) The examination shall be made, and the physician or
2771+9 physicians, if called, shall testify, without cost to the
2772+10 parties. The Commission shall determine the compensation and
2773+11 the pay of the physician or physicians. The compensation for
2774+12 this service shall not exceed the usual and customary amount
2775+13 for such service.
2776+14 (6) The fees and payment thereof of all attorneys and
2777+15 physicians for services authorized by the Commission under
2778+16 this Act shall, upon request of either the employer or the
2779+17 employee or the beneficiary affected, be subject to the review
2780+18 and decision of the Commission.
2781+19 (d) If any employee shall persist in insanitary or
2782+20 injurious practices which tend to either imperil or retard his
2783+21 recovery or shall refuse to submit to such medical, surgical,
2784+22 or hospital treatment as is reasonably essential to promote
2785+23 his recovery, the Commission may, in its discretion, reduce or
2786+24 suspend the compensation of any such injured employee.
2787+25 However, when an employer and employee so agree in writing,
2788+26 the foregoing provision shall not be construed to authorize
2789+
2790+
2791+
2792+
2793+
2794+ SB1996 Enrolled - 78 - LRB103 28652 SPS 55033 b
2795+
2796+
2797+SB1996 Enrolled- 79 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 79 - LRB103 28652 SPS 55033 b
2798+ SB1996 Enrolled - 79 - LRB103 28652 SPS 55033 b
2799+1 the reduction or suspension of compensation of an employee who
2800+2 is relying in good faith, on treatment by prayer or spiritual
2801+3 means alone, in accordance with the tenets and practice of a
2802+4 recognized church or religious denomination, by a duly
2803+5 accredited practitioner thereof.
2804+6 (e) This paragraph shall apply to all hearings before the
2805+7 Commission. Such hearings may be held in its office or
2806+8 elsewhere as the Commission may deem advisable. The taking of
2807+9 testimony on such hearings may be had before any member of the
2808+10 Commission. If a petition for review and agreed statement of
2809+11 facts or transcript of evidence is filed, as provided herein,
2810+12 the Commission shall promptly review the decision of the
2811+13 Arbitrator and all questions of law or fact which appear from
2812+14 the statement of facts or transcript of evidence.
2813+15 In all cases in which the hearing before the arbitrator is
2814+16 held after December 18, 1989, no additional evidence shall be
2815+17 introduced by the parties before the Commission on review of
2816+18 the decision of the Arbitrator. In reviewing decisions of an
2817+19 arbitrator the Commission shall award such temporary
2818+20 compensation, permanent compensation and other payments as are
2819+21 due under this Act. The Commission shall file in its office its
2820+22 decision thereon, and shall immediately send to each party or
2821+23 his attorney a copy of such decision and a notification of the
2822+24 time when it was filed. Decisions shall be filed within 60 days
2823+25 after the Statement of Exceptions and Supporting Brief and
2824+26 Response thereto are required to be filed or oral argument
2825+
2826+
2827+
2828+
2829+
2830+ SB1996 Enrolled - 79 - LRB103 28652 SPS 55033 b
2831+
2832+
2833+SB1996 Enrolled- 80 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 80 - LRB103 28652 SPS 55033 b
2834+ SB1996 Enrolled - 80 - LRB103 28652 SPS 55033 b
2835+1 whichever is later.
2836+2 In the event either party requests oral argument, such
2837+3 argument shall be had before a panel of 3 members of the
2838+4 Commission (or before all available members pursuant to the
2839+5 determination of 7 members of the Commission that such
2840+6 argument be held before all available members of the
2841+7 Commission) pursuant to the rules and regulations of the
2842+8 Commission. A panel of 3 members, which shall be comprised of
2843+9 not more than one representative citizen of the employing
2844+10 class and not more than one representative from a labor
2845+11 organization recognized under the National Labor Relations Act
2846+12 or an attorney who has represented labor organizations or has
2847+13 represented employees in workers' compensation cases, shall
2848+14 hear the argument; provided that if all the issues in dispute
2849+15 are solely the nature and extent of the permanent partial
2850+16 disability, if any, a majority of the panel may deny the
2851+17 request for such argument and such argument shall not be held;
2852+18 and provided further that 7 members of the Commission may
2853+19 determine that the argument be held before all available
2854+20 members of the Commission. A decision of the Commission shall
2855+21 be approved by a majority of Commissioners present at such
2856+22 hearing if any; provided, if no such hearing is held, a
2857+23 decision of the Commission shall be approved by a majority of a
2858+24 panel of 3 members of the Commission as described in this
2859+25 Section. The Commission shall give 10 days' notice to the
2860+26 parties or their attorneys of the time and place of such taking
2861+
2862+
2863+
2864+
2865+
2866+ SB1996 Enrolled - 80 - LRB103 28652 SPS 55033 b
2867+
2868+
2869+SB1996 Enrolled- 81 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 81 - LRB103 28652 SPS 55033 b
2870+ SB1996 Enrolled - 81 - LRB103 28652 SPS 55033 b
2871+1 of testimony and of such argument.
2872+2 In any case the Commission in its decision may find
2873+3 specially upon any question or questions of law or fact which
2874+4 shall be submitted in writing by either party whether ultimate
2875+5 or otherwise; provided that on issues other than nature and
2876+6 extent of the disability, if any, the Commission in its
2877+7 decision shall find specially upon any question or questions
2878+8 of law or fact, whether ultimate or otherwise, which are
2879+9 submitted in writing by either party; provided further that
2880+10 not more than 5 such questions may be submitted by either
2881+11 party. Any party may, within 20 days after receipt of notice of
2882+12 the Commission's decision, or within such further time, not
2883+13 exceeding 30 days, as the Commission may grant, file with the
2884+14 Commission either an agreed statement of the facts appearing
2885+15 upon the hearing, or, if such party shall so elect, a correct
2886+16 transcript of evidence of the additional proceedings presented
2887+17 before the Commission, in which report the party may embody a
2888+18 correct statement of such other proceedings in the case as
2889+19 such party may desire to have reviewed, such statement of
2890+20 facts or transcript of evidence to be authenticated by the
2891+21 signature of the parties or their attorneys, and in the event
2892+22 that they do not agree, then the authentication of such
2893+23 transcript of evidence shall be by the signature of any member
2894+24 of the Commission.
2895+25 If a reporter does not for any reason furnish a transcript
2896+26 of the proceedings before the Arbitrator in any case for use on
2897+
2898+
2899+
2900+
2901+
2902+ SB1996 Enrolled - 81 - LRB103 28652 SPS 55033 b
2903+
2904+
2905+SB1996 Enrolled- 82 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 82 - LRB103 28652 SPS 55033 b
2906+ SB1996 Enrolled - 82 - LRB103 28652 SPS 55033 b
2907+1 a hearing for review before the Commission, within the
2908+2 limitations of time as fixed in this Section, the Commission
2909+3 may, in its discretion, order a trial de novo before the
2910+4 Commission in such case upon application of either party. The
2911+5 applications for adjustment of claim and other documents in
2912+6 the nature of pleadings filed by either party, together with
2913+7 the decisions of the Arbitrator and of the Commission and the
2914+8 statement of facts or transcript of evidence hereinbefore
2915+9 provided for in paragraphs (b) and (c) shall be the record of
2916+10 the proceedings of the Commission, and shall be subject to
2917+11 review as hereinafter provided.
2918+12 At the request of either party or on its own motion, the
2919+13 Commission shall set forth in writing the reasons for the
2920+14 decision, including findings of fact and conclusions of law
2921+15 separately stated. The Commission shall by rule adopt a format
2922+16 for written decisions for the Commission and arbitrators. The
2923+17 written decisions shall be concise and shall succinctly state
2924+18 the facts and reasons for the decision. The Commission may
2925+19 adopt in whole or in part, the decision of the arbitrator as
2926+20 the decision of the Commission. When the Commission does so
2927+21 adopt the decision of the arbitrator, it shall do so by order.
2928+22 Whenever the Commission adopts part of the arbitrator's
2929+23 decision, but not all, it shall include in the order the
2930+24 reasons for not adopting all of the arbitrator's decision.
2931+25 When a majority of a panel, after deliberation, has arrived at
2932+26 its decision, the decision shall be filed as provided in this
2933+
2934+
2935+
2936+
2937+
2938+ SB1996 Enrolled - 82 - LRB103 28652 SPS 55033 b
2939+
2940+
2941+SB1996 Enrolled- 83 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 83 - LRB103 28652 SPS 55033 b
2942+ SB1996 Enrolled - 83 - LRB103 28652 SPS 55033 b
2943+1 Section without unnecessary delay, and without regard to the
2944+2 fact that a member of the panel has expressed an intention to
2945+3 dissent. Any member of the panel may file a dissent. Any
2946+4 dissent shall be filed no later than 10 days after the decision
2947+5 of the majority has been filed.
2948+6 Decisions rendered by the Commission and dissents, if any,
2949+7 shall be published together by the Commission. The conclusions
2950+8 of law set out in such decisions shall be regarded as
2951+9 precedents by arbitrators for the purpose of achieving a more
2952+10 uniform administration of this Act.
2953+11 (f) The decision of the Commission acting within its
2954+12 powers, according to the provisions of paragraph (d) of
2955+13 Section 4 and paragraph (e) of this Section shall, in the
2956+14 absence of fraud, be conclusive unless reviewed as in this
2957+15 paragraph hereinafter provided. However, the Arbitrator or the
2958+16 Commission may on his or its own motion, or on the motion of
2959+17 either party, correct any clerical error or errors in
2960+18 computation within 15 days after the date of receipt of any
2961+19 award by such Arbitrator or any decision on review of the
2962+20 Commission and shall have the power to recall the original
2963+21 award on arbitration or decision on review, and issue in lieu
2964+22 thereof such corrected award or decision. Where such
2965+23 correction is made the time for review herein specified shall
2966+24 begin to run from the date of the receipt of the corrected
2967+25 award or decision.
2968+26 (1) Except in cases of claims against the State of
2969+
2970+
2971+
2972+
2973+
2974+ SB1996 Enrolled - 83 - LRB103 28652 SPS 55033 b
2975+
2976+
2977+SB1996 Enrolled- 84 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 84 - LRB103 28652 SPS 55033 b
2978+ SB1996 Enrolled - 84 - LRB103 28652 SPS 55033 b
2979+1 Illinois other than those claims under Section 18.1, in
2980+2 which case the decision of the Commission shall not be
2981+3 subject to judicial review, the Circuit Court of the
2982+4 county where any of the parties defendant may be found, or
2983+5 if none of the parties defendant can be found in this State
2984+6 then the Circuit Court of the county where the accident
2985+7 occurred, shall by summons to the Commission have power to
2986+8 review all questions of law and fact presented by such
2987+9 record.
2988+10 A proceeding for review shall be commenced within 20
2989+11 days of the receipt of notice of the decision of the
2990+12 Commission. The summons shall be issued by the clerk of
2991+13 such court upon written request returnable on a designated
2992+14 return day, not less than 10 or more than 60 days from the
2993+15 date of issuance thereof, and the written request shall
2994+16 contain the last known address of other parties in
2995+17 interest and their attorneys of record who are to be
2996+18 served by summons. Service upon any member of the
2997+19 Commission or the Secretary or the Assistant Secretary
2998+20 thereof shall be service upon the Commission, and service
2999+21 upon other parties in interest and their attorneys of
3000+22 record shall be by summons, and such service shall be made
3001+23 upon the Commission and other parties in interest by
3002+24 mailing notices of the commencement of the proceedings and
3003+25 the return day of the summons to the office of the
3004+26 Commission and to the last known place of residence of
3005+
3006+
3007+
3008+
3009+
3010+ SB1996 Enrolled - 84 - LRB103 28652 SPS 55033 b
3011+
3012+
3013+SB1996 Enrolled- 85 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 85 - LRB103 28652 SPS 55033 b
3014+ SB1996 Enrolled - 85 - LRB103 28652 SPS 55033 b
3015+1 other parties in interest or their attorney or attorneys
3016+2 of record. The clerk of the court issuing the summons
3017+3 shall on the day of issue mail notice of the commencement
3018+4 of the proceedings which shall be done by mailing a copy of
3019+5 the summons to the office of the Commission, and a copy of
3020+6 the summons to the other parties in interest or their
3021+7 attorney or attorneys of record and the clerk of the court
3022+8 shall make certificate that he has so sent said notices in
3023+9 pursuance of this Section, which shall be evidence of
3024+10 service on the Commission and other parties in interest.
3025+11 The Commission shall not be required to certify the
3026+12 record of their proceedings to the Circuit Court, unless
3027+13 the party commencing the proceedings for review in the
3028+14 Circuit Court as above provided, shall file with the
3029+15 Commission notice of intent to file for review in Circuit
3030+16 Court. It shall be the duty of the Commission upon such
3031+17 filing of notice of intent to file for review in the
3032+18 Circuit Court to prepare a true and correct copy of such
3033+19 testimony and a true and correct copy of all other matters
3034+20 contained in such record and certified to by the Secretary
3035+21 or Assistant Secretary thereof. The changes made to this
3036+22 subdivision (f)(1) by this amendatory Act of the 98th
3037+23 General Assembly apply to any Commission decision entered
3038+24 after the effective date of this amendatory Act of the
3039+25 98th General Assembly.
3040+26 No request for a summons may be filed and no summons
3041+
3042+
3043+
3044+
3045+
3046+ SB1996 Enrolled - 85 - LRB103 28652 SPS 55033 b
3047+
3048+
3049+SB1996 Enrolled- 86 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 86 - LRB103 28652 SPS 55033 b
3050+ SB1996 Enrolled - 86 - LRB103 28652 SPS 55033 b
3051+1 shall issue unless the party seeking to review the
3052+2 decision of the Commission shall exhibit to the clerk of
3053+3 the Circuit Court proof of filing with the Commission of
3054+4 the notice of the intent to file for review in the Circuit
3055+5 Court or an affidavit of the attorney setting forth that
3056+6 notice of intent to file for review in the Circuit Court
3057+7 has been given in writing to the Secretary or Assistant
3058+8 Secretary of the Commission.
3059+9 (2) No such summons shall issue unless the one against
3060+10 whom the Commission shall have rendered an award for the
3061+11 payment of money shall upon the filing of his written
3062+12 request for such summons file with the clerk of the court a
3063+13 bond conditioned that if he shall not successfully
3064+14 prosecute the review, he will pay the award and the costs
3065+15 of the proceedings in the courts. The amount of the bond
3066+16 shall be fixed by any member of the Commission and the
3067+17 surety or sureties of the bond shall be approved by the
3068+18 clerk of the court. The acceptance of the bond by the clerk
3069+19 of the court shall constitute evidence of his approval of
3070+20 the bond.
3071+21 The following shall not be required to file a bond to
3072+22 secure the payment of the award and the costs of the
3073+23 proceedings in the court to authorize the court to issue
3074+24 such summons:
3075+25 (1) the State Treasurer, for a fund administered
3076+26 by the State Treasurer ex officio against whom the
3077+
3078+
3079+
3080+
3081+
3082+ SB1996 Enrolled - 86 - LRB103 28652 SPS 55033 b
3083+
3084+
3085+SB1996 Enrolled- 87 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 87 - LRB103 28652 SPS 55033 b
3086+ SB1996 Enrolled - 87 - LRB103 28652 SPS 55033 b
3087+1 Commission shall have rendered an award for the
3088+2 payment of money; and
3089+3 (2) a county, city, town, township, incorporated
3090+4 village, school district, body politic, or municipal
3091+5 corporation against whom the Commission shall have
3092+6 rendered an award for the payment of money.
3093+7 The court may confirm or set aside the decision of the
3094+8 Commission. If the decision is set aside and the facts
3095+9 found in the proceedings before the Commission are
3096+10 sufficient, the court may enter such decision as is
3097+11 justified by law, or may remand the cause to the
3098+12 Commission for further proceedings and may state the
3099+13 questions requiring further hearing, and give such other
3100+14 instructions as may be proper. If the court affirms the
3101+15 Commission's decision imposing fines on the employer under
3102+16 subsection (d) of Section 4, the court shall enter
3103+17 judgment against the employer in the amount of the fines
3104+18 assessed by the Commission. Appeals shall be taken to the
3105+19 Appellate Court in accordance with Supreme Court Rules
3106+20 22(g) and 303. Appeals shall be taken from the Appellate
3107+21 Court to the Supreme Court in accordance with Supreme
3108+22 Court Rule 315.
3109+23 It shall be the duty of the clerk of any court
3110+24 rendering a decision affecting or affirming an award of
3111+25 the Commission to promptly furnish the Commission with a
3112+26 copy of such decision, without charge.
3113+
3114+
3115+
3116+
3117+
3118+ SB1996 Enrolled - 87 - LRB103 28652 SPS 55033 b
3119+
3120+
3121+SB1996 Enrolled- 88 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 88 - LRB103 28652 SPS 55033 b
3122+ SB1996 Enrolled - 88 - LRB103 28652 SPS 55033 b
3123+1 The decision of a majority of the members of the panel
3124+2 of the Commission, shall be considered the decision of the
3125+3 Commission.
3126+4 (g) Except in the case of a claim against the State of
3127+5 Illinois, either party may present a certified copy of the
3128+6 award of the Arbitrator, or a certified copy of the decision of
3129+7 the Commission when the same has become final, when no
3130+8 proceedings for review are pending, providing for the payment
3131+9 of compensation according to this Act, to the Circuit Court of
3132+10 the county in which such accident occurred or either of the
3133+11 parties are residents, whereupon the court shall enter a
3134+12 judgment in accordance therewith. In a case where the employer
3135+13 refuses to pay compensation according to such final award or
3136+14 such final decision upon which such judgment is entered the
3137+15 court shall in entering judgment thereon, tax as costs against
3138+16 him the reasonable costs and attorney fees in the arbitration
3139+17 proceedings and in the court entering the judgment for the
3140+18 person in whose favor the judgment is entered, which judgment
3141+19 and costs taxed as therein provided shall, until and unless
3142+20 set aside, have the same effect as though duly entered in an
3143+21 action duly tried and determined by the court, and shall with
3144+22 like effect, be entered and docketed. The Circuit Court shall
3145+23 have power at any time upon application to make any such
3146+24 judgment conform to any modification required by any
3147+25 subsequent decision of the Supreme Court upon appeal, or as
3148+26 the result of any subsequent proceedings for review, as
3149+
3150+
3151+
3152+
3153+
3154+ SB1996 Enrolled - 88 - LRB103 28652 SPS 55033 b
3155+
3156+
3157+SB1996 Enrolled- 89 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 89 - LRB103 28652 SPS 55033 b
3158+ SB1996 Enrolled - 89 - LRB103 28652 SPS 55033 b
3159+1 provided in this Act.
3160+2 Judgment shall not be entered until 15 days' notice of the
3161+3 time and place of the application for the entry of judgment
3162+4 shall be served upon the employer by filing such notice with
3163+5 the Commission, which Commission shall, in case it has on file
3164+6 the address of the employer or the name and address of its
3165+7 agent upon whom notices may be served, immediately send a copy
3166+8 of the notice to the employer or such designated agent.
3167+9 (h) An agreement or award under this Act providing for
3168+10 compensation in installments, may at any time within 18 months
3169+11 after such agreement or award be reviewed by the Commission at
3170+12 the request of either the employer or the employee, on the
3171+13 ground that the disability of the employee has subsequently
3172+14 recurred, increased, diminished or ended.
3173+15 However, as to accidents occurring subsequent to July 1,
3174+16 1955, which are covered by any agreement or award under this
3175+17 Act providing for compensation in installments made as a
3176+18 result of such accident, such agreement or award may at any
3177+19 time within 30 months, or 60 months in the case of an award
3178+20 under Section 8(d)1, after such agreement or award be reviewed
3179+21 by the Commission at the request of either the employer or the
3180+22 employee on the ground that the disability of the employee has
3181+23 subsequently recurred, increased, diminished or ended.
3182+24 On such review, compensation payments may be
3183+25 re-established, increased, diminished or ended. The Commission
3184+26 shall give 15 days' notice to the parties of the hearing for
3185+
3186+
3187+
3188+
3189+
3190+ SB1996 Enrolled - 89 - LRB103 28652 SPS 55033 b
3191+
3192+
3193+SB1996 Enrolled- 90 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 90 - LRB103 28652 SPS 55033 b
3194+ SB1996 Enrolled - 90 - LRB103 28652 SPS 55033 b
3195+1 review. Any employee, upon any petition for such review being
3196+2 filed by the employer, shall be entitled to one day's notice
3197+3 for each 100 miles necessary to be traveled by him in attending
3198+4 the hearing of the Commission upon the petition, and 3 days in
3199+5 addition thereto. Such employee shall, at the discretion of
3200+6 the Commission, also be entitled to 5 cents per mile
3201+7 necessarily traveled by him within the State of Illinois in
3202+8 attending such hearing, not to exceed a distance of 300 miles,
3203+9 to be taxed by the Commission as costs and deposited with the
3204+10 petition of the employer.
3205+11 When compensation which is payable in accordance with an
3206+12 award or settlement contract approved by the Commission, is
3207+13 ordered paid in a lump sum by the Commission, no review shall
3208+14 be had as in this paragraph mentioned.
3209+15 (i) Each party, upon taking any proceedings or steps
3210+16 whatsoever before any Arbitrator, Commission or court, shall
3211+17 file with the Commission his address, or the name and address
3212+18 of any agent upon whom all notices to be given to such party
3213+19 shall be served, either personally or by registered mail,
3214+20 addressed to such party or agent at the last address so filed
3215+21 with the Commission. In the event such party has not filed his
3216+22 address, or the name and address of an agent as above provided,
3217+23 service of any notice may be had by filing such notice with the
3218+24 Commission.
3219+25 (j) Whenever in any proceeding testimony has been taken or
3220+26 a final decision has been rendered and after the taking of such
3221+
3222+
3223+
3224+
3225+
3226+ SB1996 Enrolled - 90 - LRB103 28652 SPS 55033 b
3227+
3228+
3229+SB1996 Enrolled- 91 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 91 - LRB103 28652 SPS 55033 b
3230+ SB1996 Enrolled - 91 - LRB103 28652 SPS 55033 b
3231+1 testimony or after such decision has become final, the injured
3232+2 employee dies, then in any subsequent proceedings brought by
3233+3 the personal representative or beneficiaries of the deceased
3234+4 employee, such testimony in the former proceeding may be
3235+5 introduced with the same force and effect as though the
3236+6 witness having so testified were present in person in such
3237+7 subsequent proceedings and such final decision, if any, shall
3238+8 be taken as final adjudication of any of the issues which are
3239+9 the same in both proceedings.
3240+10 (k) In case where there has been any unreasonable or
3241+11 vexatious delay of payment or intentional underpayment of
3242+12 compensation, or proceedings have been instituted or carried
3243+13 on by the one liable to pay the compensation, which do not
3244+14 present a real controversy, but are merely frivolous or for
3245+15 delay, then the Commission may award compensation additional
3246+16 to that otherwise payable under this Act equal to 50% of the
3247+17 amount payable at the time of such award. Failure to pay
3248+18 compensation in accordance with the provisions of Section 8,
3249+19 paragraph (b) of this Act, shall be considered unreasonable
3250+20 delay.
3251+21 When determining whether this subsection (k) shall apply,
3252+22 the Commission shall consider whether an Arbitrator has
3253+23 determined that the claim is not compensable or whether the
3254+24 employer has made payments under Section 8(j).
3255+25 (l) If the employee has made written demand for payment of
3256+26 benefits under Section 8(a) or Section 8(b), the employer
3257+
3258+
3259+
3260+
3261+
3262+ SB1996 Enrolled - 91 - LRB103 28652 SPS 55033 b
3263+
3264+
3265+SB1996 Enrolled- 92 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 92 - LRB103 28652 SPS 55033 b
3266+ SB1996 Enrolled - 92 - LRB103 28652 SPS 55033 b
3267+1 shall have 14 days after receipt of the demand to set forth in
3268+2 writing the reason for the delay. In the case of demand for
3269+3 payment of medical benefits under Section 8(a), the time for
3270+4 the employer to respond shall not commence until the
3271+5 expiration of the allotted 30 days specified under Section
3272+6 8.2(d). In case the employer or his or her insurance carrier
3273+7 shall without good and just cause fail, neglect, refuse, or
3274+8 unreasonably delay the payment of benefits under Section 8(a)
3275+9 or Section 8(b), the Arbitrator or the Commission shall allow
3276+10 to the employee additional compensation in the sum of $30 per
3277+11 day for each day that the benefits under Section 8(a) or
3278+12 Section 8(b) have been so withheld or refused, not to exceed
3279+13 $10,000. A delay in payment of 14 days or more shall create a
3280+14 rebuttable presumption of unreasonable delay.
3281+15 (m) If the commission finds that an accidental injury was
3282+16 directly and proximately caused by the employer's wilful
3283+17 violation of a health and safety standard under the Health and
3284+18 Safety Act or the Occupational Safety and Health Act in force
3285+19 at the time of the accident, the arbitrator or the Commission
3286+20 shall allow to the injured employee or his dependents, as the
3287+21 case may be, additional compensation equal to 25% of the
3288+22 amount which otherwise would be payable under the provisions
3289+23 of this Act exclusive of this paragraph. The additional
3290+24 compensation herein provided shall be allowed by an
3291+25 appropriate increase in the applicable weekly compensation
3292+26 rate.
3293+
3294+
3295+
3296+
3297+
3298+ SB1996 Enrolled - 92 - LRB103 28652 SPS 55033 b
3299+
3300+
3301+SB1996 Enrolled- 93 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 93 - LRB103 28652 SPS 55033 b
3302+ SB1996 Enrolled - 93 - LRB103 28652 SPS 55033 b
3303+1 (n) After June 30, 1984, decisions of the Illinois
3304+2 Workers' Compensation Commission reviewing an award of an
3305+3 arbitrator of the Commission shall draw interest at a rate
3306+4 equal to the yield on indebtedness issued by the United States
3307+5 Government with a 26-week maturity next previously auctioned
3308+6 on the day on which the decision is filed. Said rate of
3309+7 interest shall be set forth in the Arbitrator's Decision.
3310+8 Interest shall be drawn from the date of the arbitrator's
3311+9 award on all accrued compensation due the employee through the
3312+10 day prior to the date of payments. However, when an employee
3313+11 appeals an award of an Arbitrator or the Commission, and the
3314+12 appeal results in no change or a decrease in the award,
3315+13 interest shall not further accrue from the date of such
3316+14 appeal.
3317+15 The employer or his insurance carrier may tender the
3318+16 payments due under the award to stop the further accrual of
3319+17 interest on such award notwithstanding the prosecution by
3320+18 either party of review, certiorari, appeal to the Supreme
3321+19 Court or other steps to reverse, vacate or modify the award.
3322+20 (o) By the 15th day of each month each insurer providing
3323+21 coverage for losses under this Act shall notify each insured
3324+22 employer of any compensable claim incurred during the
3325+23 preceding month and the amounts paid or reserved on the claim
3326+24 including a summary of the claim and a brief statement of the
3327+25 reasons for compensability. A cumulative report of all claims
3328+26 incurred during a calendar year or continued from the previous
3329+
3330+
3331+
3332+
3333+
3334+ SB1996 Enrolled - 93 - LRB103 28652 SPS 55033 b
3335+
3336+
3337+SB1996 Enrolled- 94 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 94 - LRB103 28652 SPS 55033 b
3338+ SB1996 Enrolled - 94 - LRB103 28652 SPS 55033 b
3339+1 year shall be furnished to the insured employer by the insurer
3340+2 within 30 days after the end of that calendar year.
3341+3 The insured employer may challenge, in proceeding before
3342+4 the Commission, payments made by the insurer without
3343+5 arbitration and payments made after a case is determined to be
3344+6 noncompensable. If the Commission finds that the case was not
3345+7 compensable, the insurer shall purge its records as to that
3346+8 employer of any loss or expense associated with the claim,
3347+9 reimburse the employer for attorneys' fees arising from the
3348+10 challenge and for any payment required of the employer to the
3349+11 Rate Adjustment Fund or the Second Injury Fund, and may not
3350+12 reflect the loss or expense for rate making purposes. The
3351+13 employee shall not be required to refund the challenged
3352+14 payment. The decision of the Commission may be reviewed in the
3353+15 same manner as in arbitrated cases. No challenge may be
3354+16 initiated under this paragraph more than 3 years after the
3355+17 payment is made. An employer may waive the right of challenge
3356+18 under this paragraph on a case by case basis.
3357+19 (p) After filing an application for adjustment of claim
3358+20 but prior to the hearing on arbitration the parties may
3359+21 voluntarily agree to submit such application for adjustment of
3360+22 claim for decision by an arbitrator under this subsection (p)
3361+23 where such application for adjustment of claim raises only a
3362+24 dispute over temporary total disability, permanent partial
3363+25 disability or medical expenses. Such agreement shall be in
3364+26 writing in such form as provided by the Commission.
3365+
3366+
3367+
3368+
3369+
3370+ SB1996 Enrolled - 94 - LRB103 28652 SPS 55033 b
3371+
3372+
3373+SB1996 Enrolled- 95 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 95 - LRB103 28652 SPS 55033 b
3374+ SB1996 Enrolled - 95 - LRB103 28652 SPS 55033 b
3375+1 Applications for adjustment of claim submitted for decision by
3376+2 an arbitrator under this subsection (p) shall proceed
3377+3 according to rule as established by the Commission. The
3378+4 Commission shall promulgate rules including, but not limited
3379+5 to, rules to ensure that the parties are adequately informed
3380+6 of their rights under this subsection (p) and of the voluntary
3381+7 nature of proceedings under this subsection (p). The findings
3382+8 of fact made by an arbitrator acting within his or her powers
3383+9 under this subsection (p) in the absence of fraud shall be
3384+10 conclusive. However, the arbitrator may on his own motion, or
3385+11 the motion of either party, correct any clerical errors or
3386+12 errors in computation within 15 days after the date of receipt
3387+13 of such award of the arbitrator and shall have the power to
3388+14 recall the original award on arbitration, and issue in lieu
3389+15 thereof such corrected award. The decision of the arbitrator
3390+16 under this subsection (p) shall be considered the decision of
3391+17 the Commission and proceedings for review of questions of law
3392+18 arising from the decision may be commenced by either party
3393+19 pursuant to subsection (f) of Section 19. The Advisory Board
3394+20 established under Section 13.1 shall compile a list of
3395+21 certified Commission arbitrators, each of whom shall be
3396+22 approved by at least 7 members of the Advisory Board. The
3397+23 chairman shall select 5 persons from such list to serve as
3398+24 arbitrators under this subsection (p). By agreement, the
3399+25 parties shall select one arbitrator from among the 5 persons
3400+26 selected by the chairman except that if the parties do not
3401+
3402+
3403+
3404+
3405+
3406+ SB1996 Enrolled - 95 - LRB103 28652 SPS 55033 b
3407+
3408+
3409+SB1996 Enrolled- 96 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 96 - LRB103 28652 SPS 55033 b
3410+ SB1996 Enrolled - 96 - LRB103 28652 SPS 55033 b
3411+1 agree on an arbitrator from among the 5 persons, the parties
3412+2 may, by agreement, select an arbitrator of the American
3413+3 Arbitration Association, whose fee shall be paid by the State
3414+4 in accordance with rules promulgated by the Commission.
3415+5 Arbitration under this subsection (p) shall be voluntary.
3416+6 (Source: P.A. 101-384, eff. 1-1-20; 102-775, eff. 5-13-22.)
3417+7 (820 ILCS 305/25.5)
3418+8 Sec. 25.5. Unlawful acts; penalties.
3419+9 (a) It is unlawful for any person, company, corporation,
3420+10 insurance carrier, healthcare provider, or other entity to:
3421+11 (1) Intentionally present or cause to be presented any
3422+12 false or fraudulent claim for the payment of any workers'
3423+13 compensation benefit.
3424+14 (2) Intentionally make or cause to be made any false
3425+15 or fraudulent material statement or material
3426+16 representation for the purpose of obtaining or denying any
3427+17 workers' compensation benefit.
3428+18 (3) Intentionally make or cause to be made any false
3429+19 or fraudulent statements with regard to entitlement to
3430+20 workers' compensation benefits with the intent to prevent
3431+21 an injured worker from making a legitimate claim for any
3432+22 workers' compensation benefits.
3433+23 (4) Intentionally prepare or provide an invalid,
3434+24 false, or counterfeit certificate of insurance as proof of
3435+25 workers' compensation insurance.
3436+
3437+
3438+
3439+
3440+
3441+ SB1996 Enrolled - 96 - LRB103 28652 SPS 55033 b
3442+
3443+
3444+SB1996 Enrolled- 97 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 97 - LRB103 28652 SPS 55033 b
3445+ SB1996 Enrolled - 97 - LRB103 28652 SPS 55033 b
3446+1 (5) Intentionally make or cause to be made any false
3447+2 or fraudulent material statement or material
3448+3 representation for the purpose of obtaining workers'
3449+4 compensation insurance at less than the proper amount for
3450+5 that insurance.
3451+6 (6) Intentionally make or cause to be made any false
3452+7 or fraudulent material statement or material
3453+8 representation on an initial or renewal self-insurance
3454+9 application or accompanying financial statement for the
3455+10 purpose of obtaining self-insurance status or reducing the
3456+11 amount of security that may be required to be furnished
3457+12 pursuant to Section 4 of this Act.
3458+13 (7) Intentionally make or cause to be made any false
3459+14 or fraudulent material statement to the Department of
3460+15 Insurance's fraud and insurance non-compliance unit in the
3461+16 course of an investigation of fraud or insurance
3462+17 non-compliance.
3463+18 (8) Intentionally assist, abet, solicit, or conspire
3464+19 with any person, company, or other entity to commit any of
3465+20 the acts in paragraph (1), (2), (3), (4), (5), (6), or (7)
3466+21 of this subsection (a).
3467+22 (8.5) Intentionally assist, abet, solicit, or conspire
3468+23 with any person, company, or other entity to commit any of
3469+24 the acts in paragraph (4) of this subsection (a).
3470+25 (9) Intentionally present a bill or statement for the
3471+26 payment for medical services that were not provided.
3472+
3473+
3474+
3475+
3476+
3477+ SB1996 Enrolled - 97 - LRB103 28652 SPS 55033 b
3478+
3479+
3480+SB1996 Enrolled- 98 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 98 - LRB103 28652 SPS 55033 b
3481+ SB1996 Enrolled - 98 - LRB103 28652 SPS 55033 b
3482+1 For the purposes of paragraphs (2), (3), (5), (6), (7),
3483+2 and (9), the term "statement" includes any writing, notice,
3484+3 proof of injury, bill for services, hospital or doctor records
3485+4 and reports, or X-ray and test results.
3486+5 (b) Sentences for violations of paragraphs (1), (2), (3),
3487+6 (5), (6), (7), (8), and (9) of subsection (a) are as follows:
3488+7 (1) A violation in which the value of the property
3489+8 obtained or attempted to be obtained is $300 or less is a
3490+9 Class A misdemeanor.
3491+10 (2) A violation in which the value of the property
3492+11 obtained or attempted to be obtained is more than $300 but
3493+12 not more than $10,000 is a Class 3 felony.
3494+13 (3) A violation in which the value of the property
3495+14 obtained or attempted to be obtained is more than $10,000
3496+15 but not more than $100,000 is a Class 2 felony.
3497+16 (4) A violation in which the value of the property
3498+17 obtained or attempted to be obtained is more than $100,000
3499+18 is a Class 1 felony.
3500+19 (5) A person convicted under this subsection Section
3501+20 shall be ordered to pay monetary restitution to the
3502+21 injured worker, insurance company, or self-insured entity,
3503+22 or any other person for any financial loss sustained as a
3504+23 result of a violation of this Section, including any court
3505+24 costs and attorney fees. An order of restitution also
3506+25 includes expenses incurred and paid by the State of
3507+26 Illinois, or an insurance company, a or self-insured
3508+
3509+
3510+
3511+
3512+
3513+ SB1996 Enrolled - 98 - LRB103 28652 SPS 55033 b
3514+
3515+
3516+SB1996 Enrolled- 99 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 99 - LRB103 28652 SPS 55033 b
3517+ SB1996 Enrolled - 99 - LRB103 28652 SPS 55033 b
3518+1 entity, an injured worker, or any other person in
3519+2 connection with any medical evaluation or treatment
3520+3 services. For the purposes of this subsection, "person"
3521+4 includes any legal entity created under Section 535 of the
3522+5 Illinois Insurance Code.
3523+6 For the purposes of this subsection Section, where the
3524+7 exact value of property obtained or attempted to be obtained
3525+8 is either not alleged or is not specifically set by the terms
3526+9 of a policy of insurance, the value of the property shall be
3527+10 the fair market replacement value of the property claimed to
3528+11 be lost, the reasonable costs of reimbursing a vendor or other
3529+12 claimant for services to be rendered, or both. Notwithstanding
3530+13 the foregoing, an injured worker, an insurance company,
3531+14 self-insured entity, or any other person suffering financial
3532+15 loss sustained as a result of violation of this Section may
3533+16 seek restitution, including court costs and attorney's fees in
3534+17 a civil action in a court of competent jurisdiction.
3535+18 (b-5) Sentences for violations of paragraphs (4) and (8.5)
3536+19 of
27603537 subsection (a) are as follows:
2761-(1) A violation in which the value of the property
2762-obtained or attempted to be obtained is $10,000 or less,
2763-is a Class 3 felony and a civil penalty of up to $10,000
2764-per violation, payable to the Injured Workers' Benefit
2765-Fund, shall be assessed.
2766-(2) A violation in which the value of the property
2767-obtained or attempted to be obtained is more than $10,000,
2768-
2769-
2770-but not more than $100,000, is a Class 2 felony and a civil
2771-penalty of up to $10,000 per violation, payable to the
2772-Injured Workers' Benefit Fund, shall be assessed.
2773-(3) A violation in which the value of the property
2774-obtained or attempted to be obtained is more than $100,000
2775-is a Class 1 felony and a civil penalty of up to $10,000
2776-per violation, payable to the Injured Workers' Benefit
2777-Fund, shall be assessed.
2778-(4) A person convicted under this subsection shall be
2779-ordered to pay monetary restitution to the injured worker,
2780-insurance company, self-insured entity, or any other
2781-person for any financial loss sustained as a result of a
2782-violation of this Section. An order of restitution also
2783-includes expenses incurred and paid by the State of
2784-Illinois, an insurance company, a self-insured entity, an
2785-injured person, or any other person in connection with any
2786-medical evaluation or treatment services.
2787-For the purposes of this subsection, the value of the
2788-property obtained or attempted to be obtained shall be the
2789-amount of premiums saved by use of the invalid, false, or
2790-counterfeit certificate of insurance, the value of any
2791-payments under any contract obtained by reliance on the
2792-invalid, false, or counterfeit certificate of insurance, or
2793-both. Notwithstanding the foregoing, an injured worker,
2794-insurance company, self-insured entity, or any other person
2795-suffering financial loss sustained as a result of violation of
2796-
2797-
2798-this subsection may seek restitution, including court costs
2799-and attorney's fees in a civil action in a court of competent
2800-jurisdiction.
2801-(c) The Department of Insurance shall establish a fraud
2802-and insurance non-compliance unit responsible for
2803-investigating incidences of fraud and insurance non-compliance
2804-pursuant to this Section. The size of the staff of the unit
2805-shall be subject to appropriation by the General Assembly. It
2806-shall be the duty of the fraud and insurance non-compliance
2807-unit to determine the identity of insurance carriers,
2808-employers, employees, or other persons or entities who have
2809-violated the fraud and insurance non-compliance provisions of
2810-this Section. The fraud and insurance non-compliance unit
2811-shall report violations of the fraud and insurance
2812-non-compliance provisions of this Section to the Special
2813-Prosecutions Bureau of the Criminal Division of the Office of
2814-the Attorney General or to the State's Attorney of the county
2815-in which the offense allegedly occurred, either of whom has
2816-the authority to prosecute violations under this Section.
2817-With respect to the subject of any investigation being
2818-conducted, the fraud and insurance non-compliance unit shall
2819-have the general power of subpoena of the Department of
2820-Insurance, including the authority to issue a subpoena to a
2821-medical provider, pursuant to Section 8-802 of the Code of
2822-Civil Procedure.
2823-(d) Any person may report allegations of insurance
2824-
2825-
2826-non-compliance and fraud pursuant to this Section to the
2827-Department of Insurance's fraud and insurance non-compliance
2828-unit whose duty it shall be to investigate the report. The unit
2829-shall notify the Commission of reports of insurance
2830-non-compliance. Any person reporting an allegation of
2831-insurance non-compliance or fraud against either an employee
2832-or employer under this Section must identify himself. Except
2833-as provided in this subsection and in subsection (e), all
2834-reports shall remain confidential except to refer an
2835-investigation to the Attorney General or State's Attorney for
2836-prosecution or if the fraud and insurance non-compliance
2837-unit's investigation reveals that the conduct reported may be
2838-in violation of other laws or regulations of the State of
2839-Illinois, the unit may report such conduct to the appropriate
2840-governmental agency charged with administering such laws and
2841-regulations. Any person who intentionally makes a false report
2842-under this Section to the fraud and insurance non-compliance
2843-unit is guilty of a Class A misdemeanor.
2844-(e) In order for the fraud and insurance non-compliance
2845-unit to investigate a report of fraud related to an employee's
2846-claim, (i) the employee must have filed with the Commission an
2847-Application for Adjustment of Claim and the employee must have
2848-either received or attempted to receive benefits under this
2849-Act that are related to the reported fraud or (ii) the employee
2850-must have made a written demand for the payment of benefits
2851-that are related to the reported fraud. There shall be no
2852-
2853-
2854-immunity, under this Act or otherwise, for any person who
2855-files a false report or who files a report without good and
2856-just cause. Confidentiality of medical information shall be
2857-strictly maintained. Investigations that are not referred for
2858-prosecution shall be destroyed upon the expiration of the
2859-statute of limitations for the acts under investigation and
2860-shall not be disclosed except that the person making the
2861-report shall be notified that the investigation is being
2862-closed. It is unlawful for any employer, insurance carrier,
2863-service adjustment company, third party administrator,
2864-self-insured, or similar entity to file or threaten to file a
2865-report of fraud against an employee because of the exercise by
2866-the employee of the rights and remedies granted to the
2867-employee by this Act.
2868-(e-5) (Blank).
2869-(f) Any person convicted of fraud related to workers'
2870-compensation pursuant to this Section shall be subject to the
2871-penalties prescribed in the Criminal Code of 2012 and shall be
2872-ineligible to receive or retain any compensation, disability,
2873-or medical benefits as defined in this Act if the
2874-compensation, disability, or medical benefits were owed or
2875-received as a result of fraud for which the recipient of the
2876-compensation, disability, or medical benefit was convicted.
2877-This subsection applies to accidental injuries or diseases
2878-that occur on or after the effective date of this amendatory
2879-Act of the 94th General Assembly.
2880-
2881-
2882-(g) Civil liability. Any person convicted of fraud who
2883-knowingly obtains, attempts to obtain, or causes to be
2884-obtained any benefits under this Act by the making of a false
2885-claim or who knowingly misrepresents any material fact shall
2886-be civilly liable to the payor of benefits or the insurer or
2887-the payor's or insurer's subrogee or assignee in an amount
2888-equal to 3 times the value of the benefits or insurance
2889-coverage wrongfully obtained or twice the value of the
2890-benefits or insurance coverage attempted to be obtained, plus
2891-reasonable attorney's fees and expenses incurred by the payor
2892-or the payor's subrogee or assignee who successfully brings a
2893-claim under this subsection. This subsection applies to
2894-accidental injuries or diseases that occur on or after the
2895-effective date of this amendatory Act of the 94th General
2896-Assembly.
2897-(h) The fraud and insurance non-compliance unit shall
2898-submit a written report on an annual basis to the Chairman of
2899-the Commission, the Workers' Compensation Advisory Board, the
2900-General Assembly, the Governor, and the Attorney General by
2901-January 1 and July 1 of each year. This report shall include,
2902-at the minimum, the following information:
2903-(1) The number of allegations of insurance
2904-non-compliance and fraud reported to the fraud and
2905-insurance non-compliance unit.
2906-(2) The source of the reported allegations
2907-(individual, employer, or other).
2908-
2909-
2910-(3) The number of allegations investigated by the
2911-fraud and insurance non-compliance unit.
2912-(4) The number of criminal referrals made in
2913-accordance with this Section and the entity to which the
2914-referral was made.
2915-(5) All proceedings under this Section.
2916-(6) Recommendations regarding opportunities for
2917-additional fraud detection.
2918-(Source: P.A. 102-37, eff. 7-1-21.)
3538+20 (1) A violation in which the value of the property
3539+21 obtained or attempted to be obtained is $10,000 or less,
3540+22 is a Class 3 felony and a civil penalty of up to $10,000
3541+23 per violation, payable to the Injured Workers' Benefit
3542+24 Fund, shall be assessed.
3543+25 (2) A violation in which the value of the property
3544+26 obtained or attempted to be obtained is more than $10,000,
3545+
3546+
3547+
3548+
3549+
3550+ SB1996 Enrolled - 99 - LRB103 28652 SPS 55033 b
3551+
3552+
3553+SB1996 Enrolled- 100 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 100 - LRB103 28652 SPS 55033 b
3554+ SB1996 Enrolled - 100 - LRB103 28652 SPS 55033 b
3555+1 but not more than $100,000, is a Class 2 felony and a civil
3556+2 penalty of up to $10,000 per violation, payable to the
3557+3 Injured Workers' Benefit Fund, shall be assessed.
3558+4 (3) A violation in which the value of the property
3559+5 obtained or attempted to be obtained is more than $100,000
3560+6 is a Class 1 felony and a civil penalty of up to $10,000
3561+7 per violation, payable to the Injured Workers' Benefit
3562+8 Fund, shall be assessed.
3563+9 (4) A person convicted under this subsection shall be
3564+10 ordered to pay monetary restitution to the injured worker,
3565+11 insurance company, self-insured entity, or any other
3566+12 person for any financial loss sustained as a result of a
3567+13 violation of this Section. An order of restitution also
3568+14 includes expenses incurred and paid by the State of
3569+15 Illinois, an insurance company, a self-insured entity, an
3570+16 injured person, or any other person in connection with any
3571+17 medical evaluation or treatment services.
3572+18 For the purposes of this subsection, the value of the
3573+19 property obtained or attempted to be obtained shall be the
3574+20 amount of premiums saved by use of the invalid, false, or
3575+21 counterfeit certificate of insurance, the value of any
3576+22 payments under any contract obtained by reliance on the
3577+23 invalid, false, or counterfeit certificate of insurance, or
3578+24 both. Notwithstanding the foregoing, an injured worker,
3579+25 insurance company, self-insured entity, or any other person
3580+26 suffering financial loss sustained as a result of violation of
3581+
3582+
3583+
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3586+ SB1996 Enrolled - 100 - LRB103 28652 SPS 55033 b
3587+
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3589+SB1996 Enrolled- 101 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 101 - LRB103 28652 SPS 55033 b
3590+ SB1996 Enrolled - 101 - LRB103 28652 SPS 55033 b
3591+1 this subsection may seek restitution, including court costs
3592+2 and attorney's fees in a civil action in a court of competent
3593+3 jurisdiction.
3594+4 (c) The Department of Insurance shall establish a fraud
3595+5 and insurance non-compliance unit responsible for
3596+6 investigating incidences of fraud and insurance non-compliance
3597+7 pursuant to this Section. The size of the staff of the unit
3598+8 shall be subject to appropriation by the General Assembly. It
3599+9 shall be the duty of the fraud and insurance non-compliance
3600+10 unit to determine the identity of insurance carriers,
3601+11 employers, employees, or other persons or entities who have
3602+12 violated the fraud and insurance non-compliance provisions of
3603+13 this Section. The fraud and insurance non-compliance unit
3604+14 shall report violations of the fraud and insurance
3605+15 non-compliance provisions of this Section to the Special
3606+16 Prosecutions Bureau of the Criminal Division of the Office of
3607+17 the Attorney General or to the State's Attorney of the county
3608+18 in which the offense allegedly occurred, either of whom has
3609+19 the authority to prosecute violations under this Section.
3610+20 With respect to the subject of any investigation being
3611+21 conducted, the fraud and insurance non-compliance unit shall
3612+22 have the general power of subpoena of the Department of
3613+23 Insurance, including the authority to issue a subpoena to a
3614+24 medical provider, pursuant to Section 8-802 of the Code of
3615+25 Civil Procedure.
3616+26 (d) Any person may report allegations of insurance
3617+
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3622+ SB1996 Enrolled - 101 - LRB103 28652 SPS 55033 b
3623+
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3625+SB1996 Enrolled- 102 -LRB103 28652 SPS 55033 b SB1996 Enrolled - 102 - LRB103 28652 SPS 55033 b
3626+ SB1996 Enrolled - 102 - LRB103 28652 SPS 55033 b
3627+1 non-compliance and fraud pursuant to this Section to the
3628+2 Department of Insurance's fraud and insurance non-compliance
3629+3 unit whose duty it shall be to investigate the report. The unit
3630+4 shall notify the Commission of reports of insurance
3631+5 non-compliance. Any person reporting an allegation of
3632+6 insurance non-compliance or fraud against either an employee
3633+7 or employer under this Section must identify himself. Except
3634+8 as provided in this subsection and in subsection (e), all
3635+9 reports shall remain confidential except to refer an
3636+10 investigation to the Attorney General or State's Attorney for
3637+11 prosecution or if the fraud and insurance non-compliance
3638+12 unit's investigation reveals that the conduct reported may be
3639+13 in violation of other laws or regulations of the State of
3640+14 Illinois, the unit may report such conduct to the appropriate
3641+15 governmental agency charged with administering such laws and
3642+16 regulations. Any person who intentionally makes a false report
3643+17 under this Section to the fraud and insurance non-compliance
3644+18 unit is guilty of a Class A misdemeanor.
3645+19 (e) In order for the fraud and insurance non-compliance
3646+20 unit to investigate a report of fraud related to an employee's
3647+21 claim, (i) the employee must have filed with the Commission an
3648+22 Application for Adjustment of Claim and the employee must have
3649+23 either received or attempted to receive benefits under this
3650+24 Act that are related to the reported fraud or (ii) the employee
3651+25 must have made a written demand for the payment of benefits
3652+26 that are related to the reported fraud. There shall be no
3653+
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3658+ SB1996 Enrolled - 102 - LRB103 28652 SPS 55033 b
3659+
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3662+ SB1996 Enrolled - 103 - LRB103 28652 SPS 55033 b
3663+1 immunity, under this Act or otherwise, for any person who
3664+2 files a false report or who files a report without good and
3665+3 just cause. Confidentiality of medical information shall be
3666+4 strictly maintained. Investigations that are not referred for
3667+5 prosecution shall be destroyed upon the expiration of the
3668+6 statute of limitations for the acts under investigation and
3669+7 shall not be disclosed except that the person making the
3670+8 report shall be notified that the investigation is being
3671+9 closed. It is unlawful for any employer, insurance carrier,
3672+10 service adjustment company, third party administrator,
3673+11 self-insured, or similar entity to file or threaten to file a
3674+12 report of fraud against an employee because of the exercise by
3675+13 the employee of the rights and remedies granted to the
3676+14 employee by this Act.
3677+15 (e-5) (Blank).
3678+16 (f) Any person convicted of fraud related to workers'
3679+17 compensation pursuant to this Section shall be subject to the
3680+18 penalties prescribed in the Criminal Code of 2012 and shall be
3681+19 ineligible to receive or retain any compensation, disability,
3682+20 or medical benefits as defined in this Act if the
3683+21 compensation, disability, or medical benefits were owed or
3684+22 received as a result of fraud for which the recipient of the
3685+23 compensation, disability, or medical benefit was convicted.
3686+24 This subsection applies to accidental injuries or diseases
3687+25 that occur on or after the effective date of this amendatory
3688+26 Act of the 94th General Assembly.
3689+
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3694+ SB1996 Enrolled - 103 - LRB103 28652 SPS 55033 b
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3698+ SB1996 Enrolled - 104 - LRB103 28652 SPS 55033 b
3699+1 (g) Civil liability. Any person convicted of fraud who
3700+2 knowingly obtains, attempts to obtain, or causes to be
3701+3 obtained any benefits under this Act by the making of a false
3702+4 claim or who knowingly misrepresents any material fact shall
3703+5 be civilly liable to the payor of benefits or the insurer or
3704+6 the payor's or insurer's subrogee or assignee in an amount
3705+7 equal to 3 times the value of the benefits or insurance
3706+8 coverage wrongfully obtained or twice the value of the
3707+9 benefits or insurance coverage attempted to be obtained, plus
3708+10 reasonable attorney's fees and expenses incurred by the payor
3709+11 or the payor's subrogee or assignee who successfully brings a
3710+12 claim under this subsection. This subsection applies to
3711+13 accidental injuries or diseases that occur on or after the
3712+14 effective date of this amendatory Act of the 94th General
3713+15 Assembly.
3714+16 (h) The fraud and insurance non-compliance unit shall
3715+17 submit a written report on an annual basis to the Chairman of
3716+18 the Commission, the Workers' Compensation Advisory Board, the
3717+19 General Assembly, the Governor, and the Attorney General by
3718+20 January 1 and July 1 of each year. This report shall include,
3719+21 at the minimum, the following information:
3720+22 (1) The number of allegations of insurance
3721+23 non-compliance and fraud reported to the fraud and
3722+24 insurance non-compliance unit.
3723+25 (2) The source of the reported allegations
3724+26 (individual, employer, or other).
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3734+ SB1996 Enrolled - 105 - LRB103 28652 SPS 55033 b
3735+1 (3) The number of allegations investigated by the
3736+2 fraud and insurance non-compliance unit.
3737+3 (4) The number of criminal referrals made in
3738+4 accordance with this Section and the entity to which the
3739+5 referral was made.
3740+6 (5) All proceedings under this Section.
3741+7 (6) Recommendations regarding opportunities for
3742+8 additional fraud detection.
3743+9 (Source: P.A. 102-37, eff. 7-1-21.)
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3749+ SB1996 Enrolled - 105 - LRB103 28652 SPS 55033 b