Illinois 2025-2026 Regular Session

Illinois House Bill HB1254 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately. LRB104 03226 SPS 13248 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8 Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately. LRB104 03226 SPS 13248 b LRB104 03226 SPS 13248 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
4	4	820 ILCS 305/8 from Ch. 48, par. 138.8
5	5	Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
6	6	LRB104 03226 SPS 13248 b LRB104 03226 SPS 13248 b
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8	8	A BILL FOR
9	9	HB1254LRB104 03226 SPS 13248 b HB1254 LRB104 03226 SPS 13248 b
10	10	HB1254 LRB104 03226 SPS 13248 b
11	11	1 AN ACT concerning employment.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Workers' Compensation Act is amended by
15	15	5 changing Section 8 as follows:
16	16	6 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
17	17	7 (Text of Section before amendment by P.A. 103-721)
18	18	8 Sec. 8. The amount of compensation which shall be paid to
19	19	9 the employee for an accidental injury not resulting in death
20	20	10 is:
21	21	11 (a) The employer shall provide and pay the negotiated
22	22	12 rate, if applicable, or the lesser of the health care
23	23	13 provider's actual charges or according to a fee schedule,
24	24	14 subject to Section 8.2, in effect at the time the service was
25	25	15 rendered for all the necessary first aid, medical and surgical
26	26	16 services, and all necessary medical, surgical and hospital
27	27	17 services thereafter incurred, limited, however, to that which
28	28	18 is reasonably required to cure or relieve from the effects of
29	29	19 the accidental injury, even if a health care provider sells,
30	30	20 transfers, or otherwise assigns an account receivable for
31	31	21 procedures, treatments, or services covered under this Act. If
32	32	22 the employer does not dispute payment of first aid, medical,
33	33	23 surgical, and hospital services, the employer shall make such
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1254 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
38	38	820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/8 from Ch. 48, par. 138.8
39	39	820 ILCS 305/8 from Ch. 48, par. 138.8
40	40	Amends the Workers' Compensation Act. Makes changes to the compensation periods for accidental injuries resulting in the loss of or the permanent and complete loss of use of the thumb, fingers, or toes; the amputation of an arm, foot, or leg; the enucleation of an eye; and other injuries to reduce the compensation to the amounts in effect for injuries occurring before February 1, 2006. Effective immediately.
41	41	LRB104 03226 SPS 13248 b LRB104 03226 SPS 13248 b
42	42	LRB104 03226 SPS 13248 b
43	43	A BILL FOR
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68	68	1 payment to the provider on behalf of the employee. The
69	69	2 employer shall also pay for treatment, instruction and
70	70	3 training necessary for the physical, mental and vocational
71	71	4 rehabilitation of the employee, including all maintenance
72	72	5 costs and expenses incidental thereto. If as a result of the
73	73	6 injury the employee is unable to be self-sufficient the
74	74	7 employer shall further pay for such maintenance or
75	75	8 institutional care as shall be required.
76	76	9 The employee may at any time elect to secure his own
77	77	10 physician, surgeon and hospital services at the employer's
78	78	11 expense, or,
79	79	12 Upon agreement between the employer and the employees, or
80	80	13 the employees' exclusive representative, and subject to the
81	81	14 approval of the Illinois Workers' Compensation Commission, the
82	82	15 employer shall maintain a list of physicians, to be known as a
83	83	16 Panel of Physicians, who are accessible to the employees. The
84	84	17 employer shall post this list in a place or places easily
85	85	18 accessible to his employees. The employee shall have the right
86	86	19 to make an alternative choice of physician from such Panel if
87	87	20 he is not satisfied with the physician first selected. If, due
88	88	21 to the nature of the injury or its occurrence away from the
89	89	22 employer's place of business, the employee is unable to make a
90	90	23 selection from the Panel, the selection process from the Panel
91	91	24 shall not apply. The physician selected from the Panel may
92	92	25 arrange for any consultation, referral or other specialized
93	93	26 medical services outside the Panel at the employer's expense.
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104	104	1 Provided that, in the event the Commission shall find that a
105	105	2 doctor selected by the employee is rendering improper or
106	106	3 inadequate care, the Commission may order the employee to
107	107	4 select another doctor certified or qualified in the medical
108	108	5 field for which treatment is required. If the employee refuses
109	109	6 to make such change the Commission may relieve the employer of
110	110	7 his obligation to pay the doctor's charges from the date of
111	111	8 refusal to the date of compliance.
112	112	9 Any vocational rehabilitation counselors who provide
113	113	10 service under this Act shall have appropriate certifications
114	114	11 which designate the counselor as qualified to render opinions
115	115	12 relating to vocational rehabilitation. Vocational
116	116	13 rehabilitation may include, but is not limited to, counseling
117	117	14 for job searches, supervising a job search program, and
118	118	15 vocational retraining including education at an accredited
119	119	16 learning institution. The employee or employer may petition to
120	120	17 the Commission to decide disputes relating to vocational
121	121	18 rehabilitation and the Commission shall resolve any such
122	122	19 dispute, including payment of the vocational rehabilitation
123	123	20 program by the employer.
124	124	21 The maintenance benefit shall not be less than the
125	125	22 temporary total disability rate determined for the employee.
126	126	23 In addition, maintenance shall include costs and expenses
127	127	24 incidental to the vocational rehabilitation program.
128	128	25 When the employee is working light duty on a part-time
129	129	26 basis or full-time basis and earns less than he or she would be
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140	140	1 earning if employed in the full capacity of the job or jobs,
141	141	2 then the employee shall be entitled to temporary partial
142	142	3 disability benefits. Temporary partial disability benefits
143	143	4 shall be equal to two-thirds of the difference between the
144	144	5 average amount that the employee would be able to earn in the
145	145	6 full performance of his or her duties in the occupation in
146	146	7 which he or she was engaged at the time of accident and the
147	147	8 gross amount which he or she is earning in the modified job
148	148	9 provided to the employee by the employer or in any other job
149	149	10 that the employee is working.
150	150	11 Every hospital, physician, surgeon or other person
151	151	12 rendering treatment or services in accordance with the
152	152	13 provisions of this Section shall upon written request furnish
153	153	14 full and complete reports thereof to, and permit their records
154	154	15 to be copied by, the employer, the employee or his dependents,
155	155	16 as the case may be, or any other party to any proceeding for
156	156	17 compensation before the Commission, or their attorneys.
157	157	18 Notwithstanding the foregoing, the employer's liability to
158	158	19 pay for such medical services selected by the employee shall
159	159	20 be limited to:
160	160	21 (1) all first aid and emergency treatment; plus
161	161	22 (2) all medical, surgical and hospital services
162	162	23 provided by the physician, surgeon or hospital initially
163	163	24 chosen by the employee or by any other physician,
164	164	25 consultant, expert, institution or other provider of
165	165	26 services recommended by said initial service provider or
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176	176	1 any subsequent provider of medical services in the chain
177	177	2 of referrals from said initial service provider; plus
178	178	3 (3) all medical, surgical and hospital services
179	179	4 provided by any second physician, surgeon or hospital
180	180	5 subsequently chosen by the employee or by any other
181	181	6 physician, consultant, expert, institution or other
182	182	7 provider of services recommended by said second service
183	183	8 provider or any subsequent provider of medical services in
184	184	9 the chain of referrals from said second service provider.
185	185	10 Thereafter the employer shall select and pay for all
186	186	11 necessary medical, surgical and hospital treatment and the
187	187	12 employee may not select a provider of medical services at
188	188	13 the employer's expense unless the employer agrees to such
189	189	14 selection. At any time the employee may obtain any medical
190	190	15 treatment he desires at his own expense. This paragraph
191	191	16 shall not affect the duty to pay for rehabilitation
192	192	17 referred to above.
193	193	18 (4) The following shall apply for injuries occurring
194	194	19 on or after June 28, 2011 (the effective date of Public Act
195	195	20 97-18) and only when an employer has an approved preferred
196	196	21 provider program pursuant to Section 8.1a on the date the
197	197	22 employee sustained his or her accidental injuries:
198	198	23 (A) The employer shall, in writing, on a form
199	199	24 promulgated by the Commission, inform the employee of
200	200	25 the preferred provider program;
201	201	26 (B) Subsequent to the report of an injury by an
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212	212	1 employee, the employee may choose in writing at any
213	213	2 time to decline the preferred provider program, in
214	214	3 which case that would constitute one of the two
215	215	4 choices of medical providers to which the employee is
216	216	5 entitled under subsection (a)(2) or (a)(3); and
217	217	6 (C) Prior to the report of an injury by an
218	218	7 employee, when an employee chooses non-emergency
219	219	8 treatment from a provider not within the preferred
220	220	9 provider program, that would constitute the employee's
221	221	10 one choice of medical providers to which the employee
222	222	11 is entitled under subsection (a)(2) or (a)(3).
223	223	12 When an employer and employee so agree in writing, nothing
224	224	13 in this Act prevents an employee whose injury or disability
225	225	14 has been established under this Act, from relying in good
226	226	15 faith, on treatment by prayer or spiritual means alone, in
227	227	16 accordance with the tenets and practice of a recognized church
228	228	17 or religious denomination, by a duly accredited practitioner
229	229	18 thereof, and having nursing services appropriate therewith,
230	230	19 without suffering loss or diminution of the compensation
231	231	20 benefits under this Act. However, the employee shall submit to
232	232	21 all physical examinations required by this Act. The cost of
233	233	22 such treatment and nursing care shall be paid by the employee
234	234	23 unless the employer agrees to make such payment.
235	235	24 Where the accidental injury results in the amputation of
236	236	25 an arm, hand, leg or foot, or the enucleation of an eye, or the
237	237	26 loss of any of the natural teeth, the employer shall furnish an
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248	248	1 artificial of any such members lost or damaged in accidental
249	249	2 injury arising out of and in the course of employment, and
250	250	3 shall also furnish the necessary braces in all proper and
251	251	4 necessary cases. In cases of the loss of a member or members by
252	252	5 amputation, the employer shall, whenever necessary, maintain
253	253	6 in good repair, refit or replace the artificial limbs during
254	254	7 the lifetime of the employee. Where the accidental injury
255	255	8 accompanied by physical injury results in damage to a denture,
256	256	9 eye glasses or contact eye lenses, or where the accidental
257	257	10 injury results in damage to an artificial member, the employer
258	258	11 shall replace or repair such denture, glasses, lenses, or
259	259	12 artificial member.
260	260	13 The furnishing by the employer of any such services or
261	261	14 appliances is not an admission of liability on the part of the
262	262	15 employer to pay compensation.
263	263	16 The furnishing of any such services or appliances or the
264	264	17 servicing thereof by the employer is not the payment of
265	265	18 compensation.
266	266	19 (b) If the period of temporary total incapacity for work
267	267	20 lasts more than 3 working days, weekly compensation as
268	268	21 hereinafter provided shall be paid beginning on the 4th day of
269	269	22 such temporary total incapacity and continuing as long as the
270	270	23 total temporary incapacity lasts. In cases where the temporary
271	271	24 total incapacity for work continues for a period of 14 days or
272	272	25 more from the day of the accident compensation shall commence
273	273	26 on the day after the accident.
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284	284	1 1. The compensation rate for temporary total
285	285	2 incapacity under this paragraph (b) of this Section shall
286	286	3 be equal to 66 2/3% of the employee's average weekly wage
287	287	4 computed in accordance with Section 10, provided that it
288	288	5 shall be not less than 66 2/3% of the sum of the Federal
289	289	6 minimum wage under the Fair Labor Standards Act, or the
290	290	7 Illinois minimum wage under the Minimum Wage Law,
291	291	8 whichever is more, multiplied by 40 hours. This percentage
292	292	9 rate shall be increased by 10% for each spouse and child,
293	293	10 not to exceed 100% of the total minimum wage calculation,
294	294	11 nor exceed the employee's average weekly wage computed in
295	295	12 accordance with the provisions of Section 10, whichever is
296	296	13 less.
297	297	14 2. The compensation rate in all cases other than for
298	298	15 temporary total disability under this paragraph (b), and
299	299	16 other than for serious and permanent disfigurement under
300	300	17 paragraph (c) and other than for permanent partial
301	301	18 disability under subparagraph (2) of paragraph (d) or
302	302	19 under paragraph (e), of this Section shall be equal to 66
303	303	20 2/3% of the employee's average weekly wage computed in
304	304	21 accordance with the provisions of Section 10, provided
305	305	22 that it shall be not less than 66 2/3% of the sum of the
306	306	23 Federal minimum wage under the Fair Labor Standards Act,
307	307	24 or the Illinois minimum wage under the Minimum Wage Law,
308	308	25 whichever is more, multiplied by 40 hours. This percentage
309	309	26 rate shall be increased by 10% for each spouse and child,
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320	320	1 not to exceed 100% of the total minimum wage calculation,
321	321	2 nor exceed the employee's average weekly wage computed in
322	322	3 accordance with the provisions of Section 10, whichever is
323	323	4 less.
324	324	5 2.1. The compensation rate in all cases of serious and
325	325	6 permanent disfigurement under paragraph (c) and of
326	326	7 permanent partial disability under subparagraph (2) of
327	327	8 paragraph (d) or under paragraph (e) of this Section shall
328	328	9 be equal to 60% of the employee's average weekly wage
329	329	10 computed in accordance with the provisions of Section 10,
330	330	11 provided that it shall be not less than 66 2/3% of the sum
331	331	12 of the Federal minimum wage under the Fair Labor Standards
332	332	13 Act, or the Illinois minimum wage under the Minimum Wage
333	333	14 Law, whichever is more, multiplied by 40 hours. This
334	334	15 percentage rate shall be increased by 10% for each spouse
335	335	16 and child, not to exceed 100% of the total minimum wage
336	336	17 calculation, nor exceed the employee's average weekly wage
337	337	18 computed in accordance with the provisions of Section 10,
338	338	19 whichever is less.
339	339	20 3. As used in this Section the term "child" means a
340	340	21 child of the employee including any child legally adopted
341	341	22 before the accident or whom at the time of the accident the
342	342	23 employee was under legal obligation to support or to whom
343	343	24 the employee stood in loco parentis, and who at the time of
344	344	25 the accident was under 18 years of age and not
345	345	26 emancipated. The term "children" means the plural of
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356	356	1 "child".
357	357	2 4. All weekly compensation rates provided under
358	358	3 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
359	359	4 Section shall be subject to the following limitations:
360	360	5 The maximum weekly compensation rate from July 1,
361	361	6 1975, except as hereinafter provided, shall be 100% of the
362	362	7 State's average weekly wage in covered industries under
363	363	8 the Unemployment Insurance Act, that being the wage that
364	364	9 most closely approximates the State's average weekly wage.
365	365	10 The maximum weekly compensation rate, for the period
366	366	11 July 1, 1984, through June 30, 1987, except as hereinafter
367	367	12 provided, shall be $293.61. Effective July 1, 1987 and on
368	368	13 July 1 of each year thereafter the maximum weekly
369	369	14 compensation rate, except as hereinafter provided, shall
370	370	15 be determined as follows: if during the preceding 12 month
371	371	16 period there shall have been an increase in the State's
372	372	17 average weekly wage in covered industries under the
373	373	18 Unemployment Insurance Act, the weekly compensation rate
374	374	19 shall be proportionately increased by the same percentage
375	375	20 as the percentage of increase in the State's average
376	376	21 weekly wage in covered industries under the Unemployment
377	377	22 Insurance Act during such period.
378	378	23 The maximum weekly compensation rate, for the period
379	379	24 January 1, 1981 through December 31, 1983, except as
380	380	25 hereinafter provided, shall be 100% of the State's average
381	381	26 weekly wage in covered industries under the Unemployment
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392	392	1 Insurance Act in effect on January 1, 1981. Effective
393	393	2 January 1, 1984 and on January 1, of each year thereafter
394	394	3 the maximum weekly compensation rate, except as
395	395	4 hereinafter provided, shall be determined as follows: if
396	396	5 during the preceding 12 month period there shall have been
397	397	6 an increase in the State's average weekly wage in covered
398	398	7 industries under the Unemployment Insurance Act, the
399	399	8 weekly compensation rate shall be proportionately
400	400	9 increased by the same percentage as the percentage of
401	401	10 increase in the State's average weekly wage in covered
402	402	11 industries under the Unemployment Insurance Act during
403	403	12 such period.
404	404	13 From July 1, 1977 and thereafter such maximum weekly
405	405	14 compensation rate in death cases under Section 7, and
406	406	15 permanent total disability cases under paragraph (f) or
407	407	16 subparagraph 18 of paragraph (3) of this Section and for
408	408	17 temporary total disability under paragraph (b) of this
409	409	18 Section and for amputation of a member or enucleation of
410	410	19 an eye under paragraph (e) of this Section shall be
411	411	20 increased to 133-1/3% of the State's average weekly wage
412	412	21 in covered industries under the Unemployment Insurance
413	413	22 Act.
414	414	23 For injuries occurring on or after February 1, 2006,
415	415	24 the maximum weekly benefit under paragraph (d)1 of this
416	416	25 Section shall be 100% of the State's average weekly wage
417	417	26 in covered industries under the Unemployment Insurance
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428	428	1 Act.
429	429	2 4.1. Any provision herein to the contrary
430	430	3 notwithstanding, the weekly compensation rate for
431	431	4 compensation payments under subparagraph 18 of paragraph
432	432	5 (e) of this Section and under paragraph (f) of this
433	433	6 Section and under paragraph (a) of Section 7 and for
434	434	7 amputation of a member or enucleation of an eye under
435	435	8 paragraph (e) of this Section, shall in no event be less
436	436	9 than 50% of the State's average weekly wage in covered
437	437	10 industries under the Unemployment Insurance Act.
438	438	11 4.2. Any provision to the contrary notwithstanding,
439	439	12 the total compensation payable under Section 7 shall not
440	440	13 exceed the greater of $500,000 or 25 years.
441	441	14 5. For the purpose of this Section this State's
442	442	15 average weekly wage in covered industries under the
443	443	16 Unemployment Insurance Act on July 1, 1975 is hereby fixed
444	444	17 at $228.16 per week and the computation of compensation
445	445	18 rates shall be based on the aforesaid average weekly wage
446	446	19 until modified as hereinafter provided.
447	447	20 6. The Department of Employment Security of the State
448	448	21 shall on or before the first day of December, 1977, and on
449	449	22 or before the first day of June, 1978, and on the first day
450	450	23 of each December and June of each year thereafter, publish
451	451	24 the State's average weekly wage in covered industries
452	452	25 under the Unemployment Insurance Act and the Illinois
453	453	26 Workers' Compensation Commission shall on the 15th day of
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464	464	1 January, 1978 and on the 15th day of July, 1978 and on the
465	465	2 15th day of each January and July of each year thereafter,
466	466	3 post and publish the State's average weekly wage in
467	467	4 covered industries under the Unemployment Insurance Act as
468	468	5 last determined and published by the Department of
469	469	6 Employment Security. The amount when so posted and
470	470	7 published shall be conclusive and shall be applicable as
471	471	8 the basis of computation of compensation rates until the
472	472	9 next posting and publication as aforesaid.
473	473	10 7. The payment of compensation by an employer or his
474	474	11 insurance carrier to an injured employee shall not
475	475	12 constitute an admission of the employer's liability to pay
476	476	13 compensation.
477	477	14 (c) For any serious and permanent disfigurement to the
478	478	15 hand, head, face, neck, arm, leg below the knee or the chest
479	479	16 above the axillary line, the employee is entitled to
480	480	17 compensation for such disfigurement, the amount determined by
481	481	18 agreement at any time or by arbitration under this Act, at a
482	482	19 hearing not less than 6 months after the date of the accidental
483	483	20 injury, which amount shall not exceed 150 weeks (if the
484	484	21 accidental injury occurs on or after the effective date of
485	485	22 this amendatory Act of the 94th General Assembly but before
486	486	23 February 1, 2006) or 162 weeks (if the accidental injury
487	487	24 occurs on or after February 1, 2006) at the applicable rate
488	488	25 provided in subparagraph 2.1 of paragraph (b) of this Section.
489	489	26 No compensation is payable under this paragraph where
490	490
491	491
492	492
493	493
494	494
495	495	HB1254 - 13 - LRB104 03226 SPS 13248 b
496	496
497	497
498	498	HB1254- 14 -LRB104 03226 SPS 13248 b HB1254 - 14 - LRB104 03226 SPS 13248 b
499	499	HB1254 - 14 - LRB104 03226 SPS 13248 b
500	500	1 compensation is payable under paragraphs (d), (e) or (f) of
501	501	2 this Section.
502	502	3 A duly appointed member of a fire department in a city, the
503	503	4 population of which exceeds 500,000 according to the last
504	504	5 federal or State census, is eligible for compensation under
505	505	6 this paragraph only where such serious and permanent
506	506	7 disfigurement results from burns.
507	507	8 (d) 1. If, after the accidental injury has been sustained,
508	508	9 the employee as a result thereof becomes partially
509	509	10 incapacitated from pursuing his usual and customary line of
510	510	11 employment, he shall, except in cases compensated under the
511	511	12 specific schedule set forth in paragraph (e) of this Section,
512	512	13 receive compensation for the duration of his disability,
513	513	14 subject to the limitations as to maximum amounts fixed in
514	514	15 paragraph (b) of this Section, equal to 66-2/3% of the
515	515	16 difference between the average amount which he would be able
516	516	17 to earn in the full performance of his duties in the occupation
517	517	18 in which he was engaged at the time of the accident and the
518	518	19 average amount which he is earning or is able to earn in some
519	519	20 suitable employment or business after the accident. For
520	520	21 accidental injuries that occur on or after September 1, 2011,
521	521	22 an award for wage differential under this subsection shall be
522	522	23 effective only until the employee reaches the age of 67 or 5
523	523	24 years from the date the award becomes final, whichever is
524	524	25 later.
525	525	26 2. If, as a result of the accident, the employee sustains
526	526
527	527
528	528
529	529
530	530
531	531	HB1254 - 14 - LRB104 03226 SPS 13248 b
532	532
533	533
534	534	HB1254- 15 -LRB104 03226 SPS 13248 b HB1254 - 15 - LRB104 03226 SPS 13248 b
535	535	HB1254 - 15 - LRB104 03226 SPS 13248 b
536	536	1 serious and permanent injuries not covered by paragraphs (c)
537	537	2 and (e) of this Section or having sustained injuries covered
538	538	3 by the aforesaid paragraphs (c) and (e), he shall have
539	539	4 sustained in addition thereto other injuries which injuries do
540	540	5 not incapacitate him from pursuing the duties of his
541	541	6 employment but which would disable him from pursuing other
542	542	7 suitable occupations, or which have otherwise resulted in
543	543	8 physical impairment; or if such injuries partially
544	544	9 incapacitate him from pursuing the duties of his usual and
545	545	10 customary line of employment but do not result in an
546	546	11 impairment of earning capacity, or having resulted in an
547	547	12 impairment of earning capacity, the employee elects to waive
548	548	13 his right to recover under the foregoing subparagraph 1 of
549	549	14 paragraph (d) of this Section then in any of the foregoing
550	550	15 events, he shall receive in addition to compensation for
551	551	16 temporary total disability under paragraph (b) of this
552	552	17 Section, compensation at the rate provided in subparagraph 2.1
553	553	18 of paragraph (b) of this Section for that percentage of 500
554	554	19 weeks that the partial disability resulting from the injuries
555	555	20 covered by this paragraph bears to total disability. If the
556	556	21 employee shall have sustained a fracture of one or more
557	557	22 vertebra or fracture of the skull, the amount of compensation
558	558	23 allowed under this Section shall be not less than 6 weeks for a
559	559	24 fractured skull and 6 weeks for each fractured vertebra, and
560	560	25 in the event the employee shall have sustained a fracture of
561	561	26 any of the following facial bones: nasal, lachrymal, vomer,
562	562
563	563
564	564
565	565
566	566
567	567	HB1254 - 15 - LRB104 03226 SPS 13248 b
568	568
569	569
570	570	HB1254- 16 -LRB104 03226 SPS 13248 b HB1254 - 16 - LRB104 03226 SPS 13248 b
571	571	HB1254 - 16 - LRB104 03226 SPS 13248 b
572	572	1 zygoma, maxilla, palatine or mandible, the amount of
573	573	2 compensation allowed under this Section shall be not less than
574	574	3 2 weeks for each such fractured bone, and for a fracture of
575	575	4 each transverse process not less than 3 weeks. In the event
576	576	5 such injuries shall result in the loss of a kidney, spleen or
577	577	6 lung, the amount of compensation allowed under this Section
578	578	7 shall be not less than 10 weeks for each such organ.
579	579	8 Compensation awarded under this subparagraph 2 shall not take
580	580	9 into consideration injuries covered under paragraphs (c) and
581	581	10 (e) of this Section and the compensation provided in this
582	582	11 paragraph shall not affect the employee's right to
583	583	12 compensation payable under paragraphs (b), (c) and (e) of this
584	584	13 Section for the disabilities therein covered.
585	585	14 (e) For accidental injuries in the following schedule, the
586	586	15 employee shall receive compensation for the period of
587	587	16 temporary total incapacity for work resulting from such
588	588	17 accidental injury, under subparagraph 1 of paragraph (b) of
589	589	18 this Section, and shall receive in addition thereto
590	590	19 compensation for a further period for the specific loss herein
591	591	20 mentioned, but shall not receive any compensation under any
592	592	21 other provisions of this Act. The following listed amounts
593	593	22 apply to either the loss of or the permanent and complete loss
594	594	23 of use of the member specified, such compensation for the
595	595	24 length of time as follows:
596	596	25 1. Thumb-
597	597	26 70 weeks if the accidental injury occurs on or
598	598
599	599
600	600
601	601
602	602
603	603	HB1254 - 16 - LRB104 03226 SPS 13248 b
604	604
605	605
606	606	HB1254- 17 -LRB104 03226 SPS 13248 b HB1254 - 17 - LRB104 03226 SPS 13248 b
607	607	HB1254 - 17 - LRB104 03226 SPS 13248 b
608	608	1 after the effective date of this amendatory Act of the
609	609	2 94th General Assembly but before February 1, 2006.
610	610	3 76 weeks if the accidental injury occurs on or
611	611	4 after February 1, 2006.
612	612	5 70 weeks if the accidental injury occurs on or
613	613	6 after the effective date of this amendatory Act of the
614	614	7 104th General Assembly.
615	615	8 2. First, or index finger-
616	616	9 40 weeks if the accidental injury occurs on or
617	617	10 after the effective date of this amendatory Act of the
618	618	11 94th General Assembly but before February 1, 2006.
619	619	12 43 weeks if the accidental injury occurs on or
620	620	13 after February 1, 2006.
621	621	14 40 weeks if the accidental injury occurs on or
622	622	15 after the effective date of this amendatory Act of the
623	623	16 104th General Assembly.
624	624	17 3. Second, or middle finger-
625	625	18 35 weeks if the accidental injury occurs on or
626	626	19 after the effective date of this amendatory Act of the
627	627	20 94th General Assembly but before February 1, 2006.
628	628	21 38 weeks if the accidental injury occurs on or
629	629	22 after February 1, 2006 , but before the effective date
630	630	23 of this amendatory Act of the 104th General Assembly..
631	631	24 35 weeks if the accidental injury occurs on or
632	632	25 after the effective date of this amendatory Act of the
633	633	26 104th General Assembly
634	634
635	635
636	636
637	637
638	638
639	639	HB1254 - 17 - LRB104 03226 SPS 13248 b
640	640
641	641
642	642	HB1254- 18 -LRB104 03226 SPS 13248 b HB1254 - 18 - LRB104 03226 SPS 13248 b
643	643	HB1254 - 18 - LRB104 03226 SPS 13248 b
644	644	1 4. Third, or ring finger-
645	645	2 25 weeks if the accidental injury occurs on or
646	646	3 after the effective date of this amendatory Act of the
647	647	4 94th General Assembly but before February 1, 2006.
648	648	5 27 weeks if the accidental injury occurs on or
649	649	6 after February 1, 2006, but before the effective date
650	650	7 of this amendatory Act of the 104th General Assembly..
651	651	8 25 weeks if the accidental injury occurs on or
652	652	9 after the effective date of this amendatory Act of the
653	653	10 104th General Assembly.
654	654	11 5. Fourth, or little finger-
655	655	12 20 weeks if the accidental injury occurs on or
656	656	13 after the effective date of this amendatory Act of the
657	657	14 94th General Assembly but before February 1, 2006.
658	658	15 22 weeks if the accidental injury occurs on or
659	659	16 after February 1, 2006, but before the effective date
660	660	17 of this amendatory Act of the 104th General Assembly.
661	661	18 20 weeks if the accidental injury occurs on or
662	662	19 after the effective date of this amendatory Act of the
663	663	20 104th General Assembly.
664	664	21 6. Great toe-
665	665	22 35 weeks if the accidental injury occurs on or
666	666	23 after the effective date of this amendatory Act of the
667	667	24 94th General Assembly but before February 1, 2006.
668	668	25 38 weeks if the accidental injury occurs on or
669	669	26 after February 1, 2006, but before the effective date
670	670
671	671
672	672
673	673
674	674
675	675	HB1254 - 18 - LRB104 03226 SPS 13248 b
676	676
677	677
678	678	HB1254- 19 -LRB104 03226 SPS 13248 b HB1254 - 19 - LRB104 03226 SPS 13248 b
679	679	HB1254 - 19 - LRB104 03226 SPS 13248 b
680	680	1 of this amendatory Act of the 104th General Assembly.
681	681	2 35 weeks if the accidental injury occurs on or
682	682	3 after the effective date of this amendatory Act of the
683	683	4 104th General Assembly.
684	684	5 7. Each toe other than great toe-
685	685	6 12 weeks if the accidental injury occurs on or
686	686	7 after the effective date of this amendatory Act of the
687	687	8 94th General Assembly but before February 1, 2006.
688	688	9 13 weeks if the accidental injury occurs on or
689	689	10 after February 1, 2006, but before the effective date
690	690	11 of this amendatory Act of the 104th General Assembly.
691	691	12 12 weeks if the accidental injury occurs on or
692	692	13 after the effective date of this amendatory Act of the
693	693	14 104th General Assembly.
694	694	15 8. The loss of the first or distal phalanx of the thumb
695	695	16 or of any finger or toe shall be considered to be equal to
696	696	17 the loss of one-half of such thumb, finger or toe and the
697	697	18 compensation payable shall be one-half of the amount above
698	698	19 specified. The loss of more than one phalanx shall be
699	699	20 considered as the loss of the entire thumb, finger or toe.
700	700	21 In no case shall the amount received for more than one
701	701	22 finger exceed the amount provided in this schedule for the
702	702	23 loss of a hand.
703	703	24 9. Hand-
704	704	25 190 weeks if the accidental injury occurs on or
705	705	26 after the effective date of this amendatory Act of the
706	706
707	707
708	708
709	709
710	710
711	711	HB1254 - 19 - LRB104 03226 SPS 13248 b
712	712
713	713
714	714	HB1254- 20 -LRB104 03226 SPS 13248 b HB1254 - 20 - LRB104 03226 SPS 13248 b
715	715	HB1254 - 20 - LRB104 03226 SPS 13248 b
716	716	1 94th General Assembly but before February 1, 2006.
717	717	2 205 weeks if the accidental injury occurs on or
718	718	3 after February 1, 2006, but before the effective date
719	719	4 of this amendatory Act of the 104th General Assembly.
720	720	5 190 weeks if the accidental injury occurs on or
721	721	6 after the effective date of this amendatory Act of the
722	722	7 104th General Assembly.
723	723	8 190 weeks if the accidental injury occurs on or
724	724	9 after June 28, 2011 (the effective date of Public Act
725	725	10 97-18) and if the accidental injury involves carpal
726	726	11 tunnel syndrome due to repetitive or cumulative
727	727	12 trauma, in which case the permanent partial disability
728	728	13 shall not exceed 15% loss of use of the hand, except
729	729	14 for cause shown by clear and convincing evidence and
730	730	15 in which case the award shall not exceed 30% loss of
731	731	16 use of the hand.
732	732	17 The loss of 2 or more digits, or one or more phalanges
733	733	18 of 2 or more digits, of a hand may be compensated on the
734	734	19 basis of partial loss of use of a hand, provided, further,
735	735	20 that the loss of 4 digits, or the loss of use of 4 digits,
736	736	21 in the same hand shall constitute the complete loss of a
737	737	22 hand.
738	738	23 10. Arm-
739	739	24 235 weeks if the accidental injury occurs on or
740	740	25 after the effective date of this amendatory Act of the
741	741	26 94th General Assembly but before February 1, 2006.
742	742
743	743
744	744
745	745
746	746
747	747	HB1254 - 20 - LRB104 03226 SPS 13248 b
748	748
749	749
750	750	HB1254- 21 -LRB104 03226 SPS 13248 b HB1254 - 21 - LRB104 03226 SPS 13248 b
751	751	HB1254 - 21 - LRB104 03226 SPS 13248 b
752	752	1 253 weeks if the accidental injury occurs on or
753	753	2 after February 1, 2006, but before the effective date
754	754	3 of this amendatory Act of the 104th General Assembly.
755	755	4 235 weeks if the accidental injury occurs on or
756	756	5 after the effective date of this amendatory Act of the
757	757	6 104th General Assembly.
758	758	7 Where an accidental injury results in the amputation
759	759	8 of an arm below the elbow, such injury shall be
760	760	9 compensated as a loss of an arm. Where an accidental
761	761	10 injury results in the amputation of an arm above the
762	762	11 elbow, compensation for an additional 15 weeks (if the
763	763	12 accidental injury occurs on or after the effective date of
764	764	13 this amendatory Act of the 94th General Assembly but
765	765	14 before February 1, 2006, but before the effective date of
766	766	15 this amendatory Act of the 104th General Assembly) or an
767	767	16 additional 15 weeks (if the accidental injury occurs on or
768	768	17 after the effective date of this amendatory Act of the
769	769	18 104th General Assembly) or an additional 17 weeks (if the
770	770	19 accidental injury occurs on or after February 1, 2006)
771	771	20 shall be paid, except where the accidental injury results
772	772	21 in the amputation of an arm at the shoulder joint, or so
773	773	22 close to shoulder joint that an artificial arm cannot be
774	774	23 used, or results in the disarticulation of an arm at the
775	775	24 shoulder joint, in which case compensation for an
776	776	25 additional 65 weeks (if the accidental injury occurs on or
777	777	26 after the effective date of this amendatory Act of the
778	778
779	779
780	780
781	781
782	782
783	783	HB1254 - 21 - LRB104 03226 SPS 13248 b
784	784
785	785
786	786	HB1254- 22 -LRB104 03226 SPS 13248 b HB1254 - 22 - LRB104 03226 SPS 13248 b
787	787	HB1254 - 22 - LRB104 03226 SPS 13248 b
788	788	1 94th General Assembly but before February 1, 2006) or an
789	789	2 additional 70 weeks (if the accidental injury occurs on or
790	790	3 after February 1, 2006, but before the effective date of
791	791	4 this amendatory Act of the 104th General Assembly) or an
792	792	5 additional 65 weeks (if the accidental injury occurs on or
793	793	6 after the effective date of this amendatory Act of the
794	794	7 104th General Assembly) shall be paid.
795	795	8 11. Foot-
796	796	9 155 weeks if the accidental injury occurs on or
797	797	10 after the effective date of this amendatory Act of the
798	798	11 94th General Assembly but before February 1, 2006.
799	799	12 167 weeks if the accidental injury occurs on or
800	800	13 after February 1, 2006, but before the effective date
801	801	14 of this amendatory Act of the 104th General Assembly.
802	802	15 155 weeks if the accidental injury occurs on or
803	803	16 after the effective date of this amendatory Act of the
804	804	17 104th General Assembly.
805	805	18 12. Leg-
806	806	19 200 weeks if the accidental injury occurs on or
807	807	20 after the effective date of this amendatory Act of the
808	808	21 94th General Assembly but before February 1, 2006.
809	809	22 215 weeks if the accidental injury occurs on or
810	810	23 after February 1, 2006, but before the effective date
811	811	24 of this amendatory Act of the 104th General Assembly.
812	812	25 200 weeks if the accidental injury occurs on or
813	813	26 after the effective date of this amendatory Act of the
814	814
815	815
816	816
817	817
818	818
819	819	HB1254 - 22 - LRB104 03226 SPS 13248 b
820	820
821	821
822	822	HB1254- 23 -LRB104 03226 SPS 13248 b HB1254 - 23 - LRB104 03226 SPS 13248 b
823	823	HB1254 - 23 - LRB104 03226 SPS 13248 b
824	824	1 104th General Assembly.
825	825	2 Where an accidental injury results in the amputation
826	826	3 of a leg below the knee, such injury shall be compensated
827	827	4 as loss of a leg. Where an accidental injury results in the
828	828	5 amputation of a leg above the knee, compensation for an
829	829	6 additional 25 weeks (if the accidental injury occurs on or
830	830	7 after the effective date of this amendatory Act of the
831	831	8 94th General Assembly but before February 1, 2006) or an
832	832	9 additional 27 weeks (if the accidental injury occurs on or
833	833	10 after February 1, 2006, but before the effective date of
834	834	11 this amendatory Act of the 104th General Assembly) or an
835	835	12 additional 25 weeks (if the accidental injury occurs on or
836	836	13 after the effective date of this amendatory Act of the
837	837	14 104th General Assembly) shall be paid, except where the
838	838	15 accidental injury results in the amputation of a leg at
839	839	16 the hip joint, or so close to the hip joint that an
840	840	17 artificial leg cannot be used, or results in the
841	841	18 disarticulation of a leg at the hip joint, in which case
842	842	19 compensation for an additional 75 weeks (if the accidental
843	843	20 injury occurs on or after the effective date of this
844	844	21 amendatory Act of the 94th General Assembly but before
845	845	22 February 1, 2006) or an additional 81 weeks (if the
846	846	23 accidental injury occurs on or after February 1, 2006, but
847	847	24 before the effective date of this amendatory Act of the
848	848	25 104th General Assembly) or an additional 75 weeks (if the
849	849	26 accidental injury occurs on or after the effective date of
850	850
851	851
852	852
853	853
854	854
855	855	HB1254 - 23 - LRB104 03226 SPS 13248 b
856	856
857	857
858	858	HB1254- 24 -LRB104 03226 SPS 13248 b HB1254 - 24 - LRB104 03226 SPS 13248 b
859	859	HB1254 - 24 - LRB104 03226 SPS 13248 b
860	860	1 this amendatory Act of the 104th General Assembly) shall
861	861	2 be paid.
862	862	3 13. Eye-
863	863	4 150 weeks if the accidental injury occurs on or
864	864	5 after the effective date of this amendatory Act of the
865	865	6 94th General Assembly but before February 1, 2006.
866	866	7 162 weeks if the accidental injury occurs on or
867	867	8 after February 1, 2006, but before the effective date
868	868	9 of this amendatory Act of the 104th General Assembly.
869	869	10 150 weeks if the accidental injury occurs on or
870	870	11 after the effective date of this amendatory Act of the
871	871	12 104th General Assembly.
872	872	13 Where an accidental injury results in the enucleation
873	873	14 of an eye, compensation for an additional 10 weeks (if the
874	874	15 accidental injury occurs on or after the effective date of
875	875	16 this amendatory Act of the 94th General Assembly but
876	876	17 before February 1, 2006) or an additional 11 weeks (if the
877	877	18 accidental injury occurs on or after February 1, 2006, but
878	878	19 before the effective date of this amendatory Act of the
879	879	20 104th General Assembly) or an additional 10 weeks (if the
880	880	21 accidental injury occurs on or after the effective date of
881	881	22 this amendatory Act of the 104th General Assembly)) shall
882	882	23 be paid.
883	883	24 14. Loss of hearing of one ear-
884	884	25 50 weeks if the accidental injury occurs on or
885	885	26 after the effective date of this amendatory Act of the
886	886
887	887
888	888
889	889
890	890
891	891	HB1254 - 24 - LRB104 03226 SPS 13248 b
892	892
893	893
894	894	HB1254- 25 -LRB104 03226 SPS 13248 b HB1254 - 25 - LRB104 03226 SPS 13248 b
895	895	HB1254 - 25 - LRB104 03226 SPS 13248 b
896	896	1 94th General Assembly but before February 1, 2006.
897	897	2 54 weeks if the accidental injury occurs on or
898	898	3 after February 1, 2006 , but before the effective date
899	899	4 of this amendatory Act of the 104th General Assembly.
900	900	5 50 weeks if the accidental injury occurs on or
901	901	6 after the effective date of this amendatory Act of the
902	902	7 104th General Assembly.
903	903	8 Total and permanent loss of hearing of both ears-
904	904	9 200 weeks if the accidental injury occurs on or
905	905	10 after the effective date of this amendatory Act of the
906	906	11 94th General Assembly but before February 1, 2006.
907	907	12 215 weeks if the accidental injury occurs on or
908	908	13 after February 1, 2006, but before the effective date
909	909	14 of this amendatory Act of the 104th General Assembly.
910	910	15 200 weeks if the accidental injury occurs on or
911	911	16 after the effective date of this amendatory Act of the
912	912	17 104th General Assembly.
913	913	18 15. Testicle-
914	914	19 50 weeks if the accidental injury occurs on or
915	915	20 after the effective date of this amendatory Act of the
916	916	21 94th General Assembly but before February 1, 2006.
917	917	22 54 weeks if the accidental injury occurs on or
918	918	23 after February 1, 2006, but before the effective date
919	919	24 of this amendatory Act of the 104th General Assembly.
920	920	25 50 weeks if the accidental injury occurs on or
921	921	26 after the effective date of this amendatory Act of the
922	922
923	923
924	924
925	925
926	926
927	927	HB1254 - 25 - LRB104 03226 SPS 13248 b
928	928
929	929
930	930	HB1254- 26 -LRB104 03226 SPS 13248 b HB1254 - 26 - LRB104 03226 SPS 13248 b
931	931	HB1254 - 26 - LRB104 03226 SPS 13248 b
932	932	1 104th General Assembly.
933	933	2 Both testicles-
934	934	3 150 weeks if the accidental injury occurs on or
935	935	4 after the effective date of this amendatory Act of the
936	936	5 94th General Assembly but before February 1, 2006.
937	937	6 162 weeks if the accidental injury occurs on or
938	938	7 after February 1, 2006, but before the effective date
939	939	8 of this amendatory Act of the 104th General Assembly.
940	940	9 150 weeks if the accidental injury occurs on or
941	941	10 after the effective date of this amendatory Act of the
942	942	11 104th General Assembly.
943	943	12 16. For the permanent partial loss of use of a member
944	944	13 or sight of an eye, or hearing of an ear, compensation
945	945	14 during that proportion of the number of weeks in the
946	946	15 foregoing schedule provided for the loss of such member or
947	947	16 sight of an eye, or hearing of an ear, which the partial
948	948	17 loss of use thereof bears to the total loss of use of such
949	949	18 member, or sight of eye, or hearing of an ear.
950	950	19 (a) Loss of hearing for compensation purposes
951	951	20 shall be confined to the frequencies of 1,000, 2,000
952	952	21 and 3,000 cycles per second. Loss of hearing ability
953	953	22 for frequency tones above 3,000 cycles per second are
954	954	23 not to be considered as constituting disability for
955	955	24 hearing.
956	956	25 (b) The percent of hearing loss, for purposes of
957	957	26 the determination of compensation claims for
958	958
959	959
960	960
961	961
962	962
963	963	HB1254 - 26 - LRB104 03226 SPS 13248 b
964	964
965	965
966	966	HB1254- 27 -LRB104 03226 SPS 13248 b HB1254 - 27 - LRB104 03226 SPS 13248 b
967	967	HB1254 - 27 - LRB104 03226 SPS 13248 b
968	968	1 occupational deafness, shall be calculated as the
969	969	2 average in decibels for the thresholds of hearing for
970	970	3 the frequencies of 1,000, 2,000 and 3,000 cycles per
971	971	4 second. Pure tone air conduction audiometric
972	972	5 instruments, approved by nationally recognized
973	973	6 authorities in this field, shall be used for measuring
974	974	7 hearing loss. If the losses of hearing average 30
975	975	8 decibels or less in the 3 frequencies, such losses of
976	976	9 hearing shall not then constitute any compensable
977	977	10 hearing disability. If the losses of hearing average
978	978	11 85 decibels or more in the 3 frequencies, then the same
979	979	12 shall constitute and be total or 100% compensable
980	980	13 hearing loss.
981	981	14 (c) In measuring hearing impairment, the lowest
982	982	15 measured losses in each of the 3 frequencies shall be
983	983	16 added together and divided by 3 to determine the
984	984	17 average decibel loss. For every decibel of loss
985	985	18 exceeding 30 decibels an allowance of 1.82% shall be
986	986	19 made up to the maximum of 100% which is reached at 85
987	987	20 decibels.
988	988	21 (d) If a hearing loss is established to have
989	989	22 existed on July 1, 1975 by audiometric testing the
990	990	23 employer shall not be liable for the previous loss so
991	991	24 established nor shall he be liable for any loss for
992	992	25 which compensation has been paid or awarded.
993	993	26 (e) No consideration shall be given to the
994	994
995	995
996	996
997	997
998	998
999	999	HB1254 - 27 - LRB104 03226 SPS 13248 b
1000	1000
1001	1001
1002	1002	HB1254- 28 -LRB104 03226 SPS 13248 b HB1254 - 28 - LRB104 03226 SPS 13248 b
1003	1003	HB1254 - 28 - LRB104 03226 SPS 13248 b
1004	1004	1 question of whether or not the ability of an employee
1005	1005	2 to understand speech is improved by the use of a
1006	1006	3 hearing aid.
1007	1007	4 (f) No claim for loss of hearing due to industrial
1008	1008	5 noise shall be brought against an employer or allowed
1009	1009	6 unless the employee has been exposed for a period of
1010	1010	7 time sufficient to cause permanent impairment to noise
1011	1011	8 levels in excess of the following:
1012	1012	9Sound Level DBA10Slow ResponseHours Per Day11908129261395414973151002161021-1/2171051181101/2191151/4 9 Sound Level DBA 10 Slow Response Hours Per Day 11 90 8 12 92 6 13 95 4 14 97 3 15 100 2 16 102 1-1/2 17 105 1 18 110 1/2 19 115 1/4
1013	1013	9 Sound Level DBA
1014	1014	10 Slow Response Hours Per Day
1015	1015	11 90 8
1016	1016	12 92 6
1017	1017	13 95 4
1018	1018	14 97 3
1019	1019	15 100 2
1020	1020	16 102 1-1/2
1021	1021	17 105 1
1022	1022	18 110 1/2
1023	1023	19 115 1/4
1024	1024	20 This subparagraph (f) shall not be applied in cases of
1025	1025	21 hearing loss resulting from trauma or explosion.
1026	1026	22 17. In computing the compensation to be paid to any
1027	1027	23 employee who, before the accident for which he claims
1028	1028	24 compensation, had before that time sustained an injury
1029	1029	25 resulting in the loss by amputation or partial loss by
1030	1030	26 amputation of any member, including hand, arm, thumb or
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036	HB1254 - 28 - LRB104 03226 SPS 13248 b
1037	1037
1038	1038
1039	1039	9 Sound Level DBA
1040	1040	10 Slow Response Hours Per Day
1041	1041	11 90 8
1042	1042	12 92 6
1043	1043	13 95 4
1044	1044	14 97 3
1045	1045	15 100 2
1046	1046	16 102 1-1/2
1047	1047	17 105 1
1048	1048	18 110 1/2
1049	1049	19 115 1/4
1050	1050
1051	1051
1052	1052	HB1254- 29 -LRB104 03226 SPS 13248 b HB1254 - 29 - LRB104 03226 SPS 13248 b
1053	1053	HB1254 - 29 - LRB104 03226 SPS 13248 b
1054	1054	1 fingers, leg, foot or any toes, such loss or partial loss
1055	1055	2 of any such member shall be deducted from any award made
1056	1056	3 for the subsequent injury. For the permanent loss of use
1057	1057	4 or the permanent partial loss of use of any such member or
1058	1058	5 the partial loss of sight of an eye, for which
1059	1059	6 compensation has been paid, then such loss shall be taken
1060	1060	7 into consideration and deducted from any award for the
1061	1061	8 subsequent injury.
1062	1062	9 18. The specific case of loss of both hands, both
1063	1063	10 arms, or both feet, or both legs, or both eyes, or of any
1064	1064	11 two thereof, or the permanent and complete loss of the use
1065	1065	12 thereof, constitutes total and permanent disability, to be
1066	1066	13 compensated according to the compensation fixed by
1067	1067	14 paragraph (f) of this Section. These specific cases of
1068	1068	15 total and permanent disability do not exclude other cases.
1069	1069	16 Any employee who has previously suffered the loss or
1070	1070	17 permanent and complete loss of the use of any of such
1071	1071	18 members, and in a subsequent independent accident loses
1072	1072	19 another or suffers the permanent and complete loss of the
1073	1073	20 use of any one of such members the employer for whom the
1074	1074	21 injured employee is working at the time of the last
1075	1075	22 independent accident is liable to pay compensation only
1076	1076	23 for the loss or permanent and complete loss of the use of
1077	1077	24 the member occasioned by the last independent accident.
1078	1078	25 19. In a case of specific loss and the subsequent
1079	1079	26 death of such injured employee from other causes than such
1080	1080
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085	HB1254 - 29 - LRB104 03226 SPS 13248 b
1086	1086
1087	1087
1088	1088	HB1254- 30 -LRB104 03226 SPS 13248 b HB1254 - 30 - LRB104 03226 SPS 13248 b
1089	1089	HB1254 - 30 - LRB104 03226 SPS 13248 b
1090	1090	1 injury leaving a widow, widower, or dependents surviving
1091	1091	2 before payment or payment in full for such injury, then
1092	1092	3 the amount due for such injury is payable to the widow or
1093	1093	4 widower and, if there be no widow or widower, then to such
1094	1094	5 dependents, in the proportion which such dependency bears
1095	1095	6 to total dependency.
1096	1096	7 Beginning July 1, 1980, and every 6 months thereafter, the
1097	1097	8 Commission shall examine the Second Injury Fund and when,
1098	1098	9 after deducting all advances or loans made to such Fund, the
1099	1099	10 amount therein is $500,000 then the amount required to be paid
1100	1100	11 by employers pursuant to paragraph (f) of Section 7 shall be
1101	1101	12 reduced by one-half. When the Second Injury Fund reaches the
1102	1102	13 sum of $600,000 then the payments shall cease entirely.
1103	1103	14 However, when the Second Injury Fund has been reduced to
1104	1104	15 $400,000, payment of one-half of the amounts required by
1105	1105	16 paragraph (f) of Section 7 shall be resumed, in the manner
1106	1106	17 herein provided, and when the Second Injury Fund has been
1107	1107	18 reduced to $300,000, payment of the full amounts required by
1108	1108	19 paragraph (f) of Section 7 shall be resumed, in the manner
1109	1109	20 herein provided. The Commission shall make the changes in
1110	1110	21 payment effective by general order, and the changes in payment
1111	1111	22 become immediately effective for all cases coming before the
1112	1112	23 Commission thereafter either by settlement agreement or final
1113	1113	24 order, irrespective of the date of the accidental injury.
1114	1114	25 On August 1, 1996 and on February 1 and August 1 of each
1115	1115	26 subsequent year, the Commission shall examine the special fund
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121	HB1254 - 30 - LRB104 03226 SPS 13248 b
1122	1122
1123	1123
1124	1124	HB1254- 31 -LRB104 03226 SPS 13248 b HB1254 - 31 - LRB104 03226 SPS 13248 b
1125	1125	HB1254 - 31 - LRB104 03226 SPS 13248 b
1126	1126	1 designated as the "Rate Adjustment Fund" and when, after
1127	1127	2 deducting all advances or loans made to said fund, the amount
1128	1128	3 therein is $4,000,000, the amount required to be paid by
1129	1129	4 employers pursuant to paragraph (f) of Section 7 shall be
1130	1130	5 reduced by one-half. When the Rate Adjustment Fund reaches the
1131	1131	6 sum of $5,000,000 the payment therein shall cease entirely.
1132	1132	7 However, when said Rate Adjustment Fund has been reduced to
1133	1133	8 $3,000,000 the amounts required by paragraph (f) of Section 7
1134	1134	9 shall be resumed in the manner herein provided.
1135	1135	10 (f) In case of complete disability, which renders the
1136	1136	11 employee wholly and permanently incapable of work, or in the
1137	1137	12 specific case of total and permanent disability as provided in
1138	1138	13 subparagraph 18 of paragraph (e) of this Section, compensation
1139	1139	14 shall be payable at the rate provided in subparagraph 2 of
1140	1140	15 paragraph (b) of this Section for life.
1141	1141	16 An employee entitled to benefits under paragraph (f) of
1142	1142	17 this Section shall also be entitled to receive from the Rate
1143	1143	18 Adjustment Fund provided in paragraph (f) of Section 7 of the
1144	1144	19 supplementary benefits provided in paragraph (g) of this
1145	1145	20 Section 8.
1146	1146	21 If any employee who receives an award under this paragraph
1147	1147	22 afterwards returns to work or is able to do so, and earns or is
1148	1148	23 able to earn as much as before the accident, payments under
1149	1149	24 such award shall cease. If such employee returns to work, or is
1150	1150	25 able to do so, and earns or is able to earn part but not as
1151	1151	26 much as before the accident, such award shall be modified so as
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157	HB1254 - 31 - LRB104 03226 SPS 13248 b
1158	1158
1159	1159
1160	1160	HB1254- 32 -LRB104 03226 SPS 13248 b HB1254 - 32 - LRB104 03226 SPS 13248 b
1161	1161	HB1254 - 32 - LRB104 03226 SPS 13248 b
1162	1162	1 to conform to an award under paragraph (d) of this Section. If
1163	1163	2 such award is terminated or reduced under the provisions of
1164	1164	3 this paragraph, such employees have the right at any time
1165	1165	4 within 30 months after the date of such termination or
1166	1166	5 reduction to file petition with the Commission for the purpose
1167	1167	6 of determining whether any disability exists as a result of
1168	1168	7 the original accidental injury and the extent thereof.
1169	1169	8 Disability as enumerated in subdivision 18, paragraph (e)
1170	1170	9 of this Section is considered complete disability.
1171	1171	10 If an employee who had previously incurred loss or the
1172	1172	11 permanent and complete loss of use of one member, through the
1173	1173	12 loss or the permanent and complete loss of the use of one hand,
1174	1174	13 one arm, one foot, one leg, or one eye, incurs permanent and
1175	1175	14 complete disability through the loss or the permanent and
1176	1176	15 complete loss of the use of another member, he shall receive,
1177	1177	16 in addition to the compensation payable by the employer and
1178	1178	17 after such payments have ceased, an amount from the Second
1179	1179	18 Injury Fund provided for in paragraph (f) of Section 7, which,
1180	1180	19 together with the compensation payable from the employer in
1181	1181	20 whose employ he was when the last accidental injury was
1182	1182	21 incurred, will equal the amount payable for permanent and
1183	1183	22 complete disability as provided in this paragraph of this
1184	1184	23 Section.
1185	1185	24 The custodian of the Second Injury Fund provided for in
1186	1186	25 paragraph (f) of Section 7 shall be joined with the employer as
1187	1187	26 a party respondent in the application for adjustment of claim.
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193	HB1254 - 32 - LRB104 03226 SPS 13248 b
1194	1194
1195	1195
1196	1196	HB1254- 33 -LRB104 03226 SPS 13248 b HB1254 - 33 - LRB104 03226 SPS 13248 b
1197	1197	HB1254 - 33 - LRB104 03226 SPS 13248 b
1198	1198	1 The application for adjustment of claim shall state briefly
1199	1199	2 and in general terms the approximate time and place and manner
1200	1200	3 of the loss of the first member.
1201	1201	4 In its award the Commission or the Arbitrator shall
1202	1202	5 specifically find the amount the injured employee shall be
1203	1203	6 weekly paid, the number of weeks compensation which shall be
1204	1204	7 paid by the employer, the date upon which payments begin out of
1205	1205	8 the Second Injury Fund provided for in paragraph (f) of
1206	1206	9 Section 7 of this Act, the length of time the weekly payments
1207	1207	10 continue, the date upon which the pension payments commence
1208	1208	11 and the monthly amount of the payments. The Commission shall
1209	1209	12 30 days after the date upon which payments out of the Second
1210	1210	13 Injury Fund have begun as provided in the award, and every
1211	1211	14 month thereafter, prepare and submit to the State Comptroller
1212	1212	15 a voucher for payment for all compensation accrued to that
1213	1213	16 date at the rate fixed by the Commission. The State
1214	1214	17 Comptroller shall draw a warrant to the injured employee along
1215	1215	18 with a receipt to be executed by the injured employee and
1216	1216	19 returned to the Commission. The endorsed warrant and receipt
1217	1217	20 is a full and complete acquittance to the Commission for the
1218	1218	21 payment out of the Second Injury Fund. No other appropriation
1219	1219	22 or warrant is necessary for payment out of the Second Injury
1220	1220	23 Fund. The Second Injury Fund is appropriated for the purpose
1221	1221	24 of making payments according to the terms of the awards.
1222	1222	25 As of July 1, 1980 to July 1, 1982, all claims against and
1223	1223	26 obligations of the Second Injury Fund shall become claims
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	HB1254 - 33 - LRB104 03226 SPS 13248 b
1230	1230
1231	1231
1232	1232	HB1254- 34 -LRB104 03226 SPS 13248 b HB1254 - 34 - LRB104 03226 SPS 13248 b
1233	1233	HB1254 - 34 - LRB104 03226 SPS 13248 b
1234	1234	1 against and obligations of the Rate Adjustment Fund to the
1235	1235	2 extent there is insufficient money in the Second Injury Fund
1236	1236	3 to pay such claims and obligations. In that case, all
1237	1237	4 references to "Second Injury Fund" in this Section shall also
1238	1238	5 include the Rate Adjustment Fund.
1239	1239	6 (g) Every award for permanent total disability entered by
1240	1240	7 the Commission on and after July 1, 1965 under which
1241	1241	8 compensation payments shall become due and payable after the
1242	1242	9 effective date of this amendatory Act, and every award for
1243	1243	10 death benefits or permanent total disability entered by the
1244	1244	11 Commission on and after the effective date of this amendatory
1245	1245	12 Act shall be subject to annual adjustments as to the amount of
1246	1246	13 the compensation rate therein provided. Such adjustments shall
1247	1247	14 first be made on July 15, 1977, and all awards made and entered
1248	1248	15 prior to July 1, 1975 and on July 15 of each year thereafter.
1249	1249	16 In all other cases such adjustment shall be made on July 15 of
1250	1250	17 the second year next following the date of the entry of the
1251	1251	18 award and shall further be made on July 15 annually
1252	1252	19 thereafter. If during the intervening period from the date of
1253	1253	20 the entry of the award, or the last periodic adjustment, there
1254	1254	21 shall have been an increase in the State's average weekly wage
1255	1255	22 in covered industries under the Unemployment Insurance Act,
1256	1256	23 the weekly compensation rate shall be proportionately
1257	1257	24 increased by the same percentage as the percentage of increase
1258	1258	25 in the State's average weekly wage in covered industries under
1259	1259	26 the Unemployment Insurance Act. The increase in the
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	HB1254 - 34 - LRB104 03226 SPS 13248 b
1266	1266
1267	1267
1268	1268	HB1254- 35 -LRB104 03226 SPS 13248 b HB1254 - 35 - LRB104 03226 SPS 13248 b
1269	1269	HB1254 - 35 - LRB104 03226 SPS 13248 b
1270	1270	1 compensation rate under this paragraph shall in no event bring
1271	1271	2 the total compensation rate to an amount greater than the
1272	1272	3 prevailing maximum rate at the time that the annual adjustment
1273	1273	4 is made. Such increase shall be paid in the same manner as
1274	1274	5 herein provided for payments under the Second Injury Fund to
1275	1275	6 the injured employee, or his dependents, as the case may be,
1276	1276	7 out of the Rate Adjustment Fund provided in paragraph (f) of
1277	1277	8 Section 7 of this Act. Payments shall be made at the same
1278	1278	9 intervals as provided in the award or, at the option of the
1279	1279	10 Commission, may be made in quarterly payment on the 15th day of
1280	1280	11 January, April, July and October of each year. In the event of
1281	1281	12 a decrease in such average weekly wage there shall be no change
1282	1282	13 in the then existing compensation rate. The within paragraph
1283	1283	14 shall not apply to cases where there is disputed liability and
1284	1284	15 in which a compromise lump sum settlement between the employer
1285	1285	16 and the injured employee, or his dependents, as the case may
1286	1286	17 be, has been duly approved by the Illinois Workers'
1287	1287	18 Compensation Commission.
1288	1288	19 Provided, that in cases of awards entered by the
1289	1289	20 Commission for injuries occurring before July 1, 1975, the
1290	1290	21 increases in the compensation rate adjusted under the
1291	1291	22 foregoing provision of this paragraph (g) shall be limited to
1292	1292	23 increases in the State's average weekly wage in covered
1293	1293	24 industries under the Unemployment Insurance Act occurring
1294	1294	25 after July 1, 1975.
1295	1295	26 For every accident occurring on or after July 20, 2005 but
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB1254 - 35 - LRB104 03226 SPS 13248 b
1302	1302
1303	1303
1304	1304	HB1254- 36 -LRB104 03226 SPS 13248 b HB1254 - 36 - LRB104 03226 SPS 13248 b
1305	1305	HB1254 - 36 - LRB104 03226 SPS 13248 b
1306	1306	1 before the effective date of this amendatory Act of the 94th
1307	1307	2 General Assembly (Senate Bill 1283 of the 94th General
1308	1308	3 Assembly), the annual adjustments to the compensation rate in
1309	1309	4 awards for death benefits or permanent total disability, as
1310	1310	5 provided in this Act, shall be paid by the employer. The
1311	1311	6 adjustment shall be made by the employer on July 15 of the
1312	1312	7 second year next following the date of the entry of the award
1313	1313	8 and shall further be made on July 15 annually thereafter. If
1314	1314	9 during the intervening period from the date of the entry of the
1315	1315	10 award, or the last periodic adjustment, there shall have been
1316	1316	11 an increase in the State's average weekly wage in covered
1317	1317	12 industries under the Unemployment Insurance Act, the employer
1318	1318	13 shall increase the weekly compensation rate proportionately by
1319	1319	14 the same percentage as the percentage of increase in the
1320	1320	15 State's average weekly wage in covered industries under the
1321	1321	16 Unemployment Insurance Act. The increase in the compensation
1322	1322	17 rate under this paragraph shall in no event bring the total
1323	1323	18 compensation rate to an amount greater than the prevailing
1324	1324	19 maximum rate at the time that the annual adjustment is made. In
1325	1325	20 the event of a decrease in such average weekly wage there shall
1326	1326	21 be no change in the then existing compensation rate. Such
1327	1327	22 increase shall be paid by the employer in the same manner and
1328	1328	23 at the same intervals as the payment of compensation in the
1329	1329	24 award. This paragraph shall not apply to cases where there is
1330	1330	25 disputed liability and in which a compromise lump sum
1331	1331	26 settlement between the employer and the injured employee, or
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	HB1254 - 36 - LRB104 03226 SPS 13248 b
1338	1338
1339	1339
1340	1340	HB1254- 37 -LRB104 03226 SPS 13248 b HB1254 - 37 - LRB104 03226 SPS 13248 b
1341	1341	HB1254 - 37 - LRB104 03226 SPS 13248 b
1342	1342	1 his or her dependents, as the case may be, has been duly
1343	1343	2 approved by the Illinois Workers' Compensation Commission.
1344	1344	3 The annual adjustments for every award of death benefits
1345	1345	4 or permanent total disability involving accidents occurring
1346	1346	5 before July 20, 2005 and accidents occurring on or after the
1347	1347	6 effective date of this amendatory Act of the 94th General
1348	1348	7 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
1349	1349	8 continue to be paid from the Rate Adjustment Fund pursuant to
1350	1350	9 this paragraph and Section 7(f) of this Act.
1351	1351	10 (h) In case death occurs from any cause before the total
1352	1352	11 compensation to which the employee would have been entitled
1353	1353	12 has been paid, then in case the employee leaves any widow,
1354	1354	13 widower, child, parent (or any grandchild, grandparent or
1355	1355	14 other lineal heir or any collateral heir dependent at the time
1356	1356	15 of the accident upon the earnings of the employee to the extent
1357	1357	16 of 50% or more of total dependency) such compensation shall be
1358	1358	17 paid to the beneficiaries of the deceased employee and
1359	1359	18 distributed as provided in paragraph (g) of Section 7.
1360	1360	19 (h-1) In case an injured employee is under legal
1361	1361	20 disability at the time when any right or privilege accrues to
1362	1362	21 him or her under this Act, a guardian may be appointed pursuant
1363	1363	22 to law, and may, on behalf of such person under legal
1364	1364	23 disability, claim and exercise any such right or privilege
1365	1365	24 with the same effect as if the employee himself or herself had
1366	1366	25 claimed or exercised the right or privilege. No limitations of
1367	1367	26 time provided by this Act run so long as the employee who is
1368	1368
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373	HB1254 - 37 - LRB104 03226 SPS 13248 b
1374	1374
1375	1375
1376	1376	HB1254- 38 -LRB104 03226 SPS 13248 b HB1254 - 38 - LRB104 03226 SPS 13248 b
1377	1377	HB1254 - 38 - LRB104 03226 SPS 13248 b
1378	1378	1 under legal disability is without a conservator or guardian.
1379	1379	2 (i) In case the injured employee is under 16 years of age
1380	1380	3 at the time of the accident and is illegally employed, the
1381	1381	4 amount of compensation payable under paragraphs (b), (c), (d),
1382	1382	5 (e) and (f) of this Section is increased 50%.
1383	1383	6 However, where an employer has on file an employment
1384	1384	7 certificate issued pursuant to the Child Labor Law or work
1385	1385	8 permit issued pursuant to the Federal Fair Labor Standards
1386	1386	9 Act, as amended, or a birth certificate properly and duly
1387	1387	10 issued, such certificate, permit or birth certificate is
1388	1388	11 conclusive evidence as to the age of the injured minor
1389	1389	12 employee for the purposes of this Section.
1390	1390	13 Nothing herein contained repeals or amends the provisions
1391	1391	14 of the Child Labor Law relating to the employment of minors
1392	1392	15 under the age of 16 years.
1393	1393	16 (j) 1. In the event the injured employee receives
1394	1394	17 benefits, including medical, surgical or hospital benefits
1395	1395	18 under any group plan covering non-occupational disabilities
1396	1396	19 contributed to wholly or partially by the employer, which
1397	1397	20 benefits should not have been payable if any rights of
1398	1398	21 recovery existed under this Act, then such amounts so paid to
1399	1399	22 the employee from any such group plan as shall be consistent
1400	1400	23 with, and limited to, the provisions of paragraph 2 hereof,
1401	1401	24 shall be credited to or against any compensation payment for
1402	1402	25 temporary total incapacity for work or any medical, surgical
1403	1403	26 or hospital benefits made or to be made under this Act. In such
1404	1404
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409	HB1254 - 38 - LRB104 03226 SPS 13248 b
1410	1410
1411	1411
1412	1412	HB1254- 39 -LRB104 03226 SPS 13248 b HB1254 - 39 - LRB104 03226 SPS 13248 b
1413	1413	HB1254 - 39 - LRB104 03226 SPS 13248 b
1414	1414	1 event, the period of time for giving notice of accidental
1415	1415	2 injury and filing application for adjustment of claim does not
1416	1416	3 commence to run until the termination of such payments. This
1417	1417	4 paragraph does not apply to payments made under any group plan
1418	1418	5 which would have been payable irrespective of an accidental
1419	1419	6 injury under this Act. Any employer receiving such credit
1420	1420	7 shall keep such employee safe and harmless from any and all
1421	1421	8 claims or liabilities that may be made against him by reason of
1422	1422	9 having received such payments only to the extent of such
1423	1423	10 credit.
1424	1424	11 Any excess benefits paid to or on behalf of a State
1425	1425	12 employee by the State Employees' Retirement System under
1426	1426	13 Article 14 of the Illinois Pension Code on a death claim or
1427	1427	14 disputed disability claim shall be credited against any
1428	1428	15 payments made or to be made by the State of Illinois to or on
1429	1429	16 behalf of such employee under this Act, except for payments
1430	1430	17 for medical expenses which have already been incurred at the
1431	1431	18 time of the award. The State of Illinois shall directly
1432	1432	19 reimburse the State Employees' Retirement System to the extent
1433	1433	20 of such credit.
1434	1434	21 2. Nothing contained in this Act shall be construed to
1435	1435	22 give the employer or the insurance carrier the right to credit
1436	1436	23 for any benefits or payments received by the employee other
1437	1437	24 than compensation payments provided by this Act, and where the
1438	1438	25 employee receives payments other than compensation payments,
1439	1439	26 whether as full or partial salary, group insurance benefits,
1440	1440
1441	1441
1442	1442
1443	1443
1444	1444
1445	1445	HB1254 - 39 - LRB104 03226 SPS 13248 b
1446	1446
1447	1447
1448	1448	HB1254- 40 -LRB104 03226 SPS 13248 b HB1254 - 40 - LRB104 03226 SPS 13248 b
1449	1449	HB1254 - 40 - LRB104 03226 SPS 13248 b
1450	1450	1 bonuses, annuities or any other payments, the employer or
1451	1451	2 insurance carrier shall receive credit for each such payment
1452	1452	3 only to the extent of the compensation that would have been
1453	1453	4 payable during the period covered by such payment.
1454	1454	5 3. The extension of time for the filing of an Application
1455	1455	6 for Adjustment of Claim as provided in paragraph 1 above shall
1456	1456	7 not apply to those cases where the time for such filing had
1457	1457	8 expired prior to the date on which payments or benefits
1458	1458	9 enumerated herein have been initiated or resumed. Provided
1459	1459	10 however that this paragraph 3 shall apply only to cases
1460	1460	11 wherein the payments or benefits hereinabove enumerated shall
1461	1461	12 be received after July 1, 1969.
1462	1462	13 (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1463	1463	14 97-813, eff. 7-13-12.)
1464	1464	15 (Text of Section after amendment by P.A. 103-721)
1465	1465	16 Sec. 8. The amount of compensation which shall be paid to
1466	1466	17 the employee for an accidental injury not resulting in death
1467	1467	18 is:
1468	1468	19 (a) The employer shall provide and pay the negotiated
1469	1469	20 rate, if applicable, or the lesser of the health care
1470	1470	21 provider's actual charges or according to a fee schedule,
1471	1471	22 subject to Section 8.2, in effect at the time the service was
1472	1472	23 rendered for all the necessary first aid, medical and surgical
1473	1473	24 services, and all necessary medical, surgical and hospital
1474	1474	25 services thereafter incurred, limited, however, to that which
1475	1475
1476	1476
1477	1477
1478	1478
1479	1479
1480	1480	HB1254 - 40 - LRB104 03226 SPS 13248 b
1481	1481
1482	1482
1483	1483	HB1254- 41 -LRB104 03226 SPS 13248 b HB1254 - 41 - LRB104 03226 SPS 13248 b
1484	1484	HB1254 - 41 - LRB104 03226 SPS 13248 b
1485	1485	1 is reasonably required to cure or relieve from the effects of
1486	1486	2 the accidental injury, even if a health care provider sells,
1487	1487	3 transfers, or otherwise assigns an account receivable for
1488	1488	4 procedures, treatments, or services covered under this Act. If
1489	1489	5 the employer does not dispute payment of first aid, medical,
1490	1490	6 surgical, and hospital services, the employer shall make such
1491	1491	7 payment to the provider on behalf of the employee. The
1492	1492	8 employer shall also pay for treatment, instruction and
1493	1493	9 training necessary for the physical, mental and vocational
1494	1494	10 rehabilitation of the employee, including all maintenance
1495	1495	11 costs and expenses incidental thereto. If as a result of the
1496	1496	12 injury the employee is unable to be self-sufficient the
1497	1497	13 employer shall further pay for such maintenance or
1498	1498	14 institutional care as shall be required.
1499	1499	15 The employee may at any time elect to secure his own
1500	1500	16 physician, surgeon and hospital services at the employer's
1501	1501	17 expense, or,
1502	1502	18 Upon agreement between the employer and the employees, or
1503	1503	19 the employees' exclusive representative, and subject to the
1504	1504	20 approval of the Illinois Workers' Compensation Commission, the
1505	1505	21 employer shall maintain a list of physicians, to be known as a
1506	1506	22 Panel of Physicians, who are accessible to the employees. The
1507	1507	23 employer shall post this list in a place or places easily
1508	1508	24 accessible to his employees. The employee shall have the right
1509	1509	25 to make an alternative choice of physician from such Panel if
1510	1510	26 he is not satisfied with the physician first selected. If, due
1511	1511
1512	1512
1513	1513
1514	1514
1515	1515
1516	1516	HB1254 - 41 - LRB104 03226 SPS 13248 b
1517	1517
1518	1518
1519	1519	HB1254- 42 -LRB104 03226 SPS 13248 b HB1254 - 42 - LRB104 03226 SPS 13248 b
1520	1520	HB1254 - 42 - LRB104 03226 SPS 13248 b
1521	1521	1 to the nature of the injury or its occurrence away from the
1522	1522	2 employer's place of business, the employee is unable to make a
1523	1523	3 selection from the Panel, the selection process from the Panel
1524	1524	4 shall not apply. The physician selected from the Panel may
1525	1525	5 arrange for any consultation, referral or other specialized
1526	1526	6 medical services outside the Panel at the employer's expense.
1527	1527	7 Provided that, in the event the Commission shall find that a
1528	1528	8 doctor selected by the employee is rendering improper or
1529	1529	9 inadequate care, the Commission may order the employee to
1530	1530	10 select another doctor certified or qualified in the medical
1531	1531	11 field for which treatment is required. If the employee refuses
1532	1532	12 to make such change the Commission may relieve the employer of
1533	1533	13 his obligation to pay the doctor's charges from the date of
1534	1534	14 refusal to the date of compliance.
1535	1535	15 Any vocational rehabilitation counselors who provide
1536	1536	16 service under this Act shall have appropriate certifications
1537	1537	17 which designate the counselor as qualified to render opinions
1538	1538	18 relating to vocational rehabilitation. Vocational
1539	1539	19 rehabilitation may include, but is not limited to, counseling
1540	1540	20 for job searches, supervising a job search program, and
1541	1541	21 vocational retraining including education at an accredited
1542	1542	22 learning institution. The employee or employer may petition to
1543	1543	23 the Commission to decide disputes relating to vocational
1544	1544	24 rehabilitation and the Commission shall resolve any such
1545	1545	25 dispute, including payment of the vocational rehabilitation
1546	1546	26 program by the employer.
1547	1547
1548	1548
1549	1549
1550	1550
1551	1551
1552	1552	HB1254 - 42 - LRB104 03226 SPS 13248 b
1553	1553
1554	1554
1555	1555	HB1254- 43 -LRB104 03226 SPS 13248 b HB1254 - 43 - LRB104 03226 SPS 13248 b
1556	1556	HB1254 - 43 - LRB104 03226 SPS 13248 b
1557	1557	1 The maintenance benefit shall not be less than the
1558	1558	2 temporary total disability rate determined for the employee.
1559	1559	3 In addition, maintenance shall include costs and expenses
1560	1560	4 incidental to the vocational rehabilitation program.
1561	1561	5 When the employee is working light duty on a part-time
1562	1562	6 basis or full-time basis and earns less than he or she would be
1563	1563	7 earning if employed in the full capacity of the job or jobs,
1564	1564	8 then the employee shall be entitled to temporary partial
1565	1565	9 disability benefits. Temporary partial disability benefits
1566	1566	10 shall be equal to two-thirds of the difference between the
1567	1567	11 average amount that the employee would be able to earn in the
1568	1568	12 full performance of his or her duties in the occupation in
1569	1569	13 which he or she was engaged at the time of accident and the
1570	1570	14 gross amount which he or she is earning in the modified job
1571	1571	15 provided to the employee by the employer or in any other job
1572	1572	16 that the employee is working.
1573	1573	17 Every hospital, physician, surgeon or other person
1574	1574	18 rendering treatment or services in accordance with the
1575	1575	19 provisions of this Section shall upon written request furnish
1576	1576	20 full and complete reports thereof to, and permit their records
1577	1577	21 to be copied by, the employer, the employee or his dependents,
1578	1578	22 as the case may be, or any other party to any proceeding for
1579	1579	23 compensation before the Commission, or their attorneys.
1580	1580	24 Notwithstanding the foregoing, the employer's liability to
1581	1581	25 pay for such medical services selected by the employee shall
1582	1582	26 be limited to:
1583	1583
1584	1584
1585	1585
1586	1586
1587	1587
1588	1588	HB1254 - 43 - LRB104 03226 SPS 13248 b
1589	1589
1590	1590
1591	1591	HB1254- 44 -LRB104 03226 SPS 13248 b HB1254 - 44 - LRB104 03226 SPS 13248 b
1592	1592	HB1254 - 44 - LRB104 03226 SPS 13248 b
1593	1593	1 (1) all first aid and emergency treatment; plus
1594	1594	2 (2) all medical, surgical and hospital services
1595	1595	3 provided by the physician, surgeon or hospital initially
1596	1596	4 chosen by the employee or by any other physician,
1597	1597	5 consultant, expert, institution or other provider of
1598	1598	6 services recommended by said initial service provider or
1599	1599	7 any subsequent provider of medical services in the chain
1600	1600	8 of referrals from said initial service provider; plus
1601	1601	9 (3) all medical, surgical and hospital services
1602	1602	10 provided by any second physician, surgeon or hospital
1603	1603	11 subsequently chosen by the employee or by any other
1604	1604	12 physician, consultant, expert, institution or other
1605	1605	13 provider of services recommended by said second service
1606	1606	14 provider or any subsequent provider of medical services in
1607	1607	15 the chain of referrals from said second service provider.
1608	1608	16 Thereafter the employer shall select and pay for all
1609	1609	17 necessary medical, surgical and hospital treatment and the
1610	1610	18 employee may not select a provider of medical services at
1611	1611	19 the employer's expense unless the employer agrees to such
1612	1612	20 selection. At any time the employee may obtain any medical
1613	1613	21 treatment he desires at his own expense. This paragraph
1614	1614	22 shall not affect the duty to pay for rehabilitation
1615	1615	23 referred to above.
1616	1616	24 (4) The following shall apply for injuries occurring
1617	1617	25 on or after June 28, 2011 (the effective date of Public Act
1618	1618	26 97-18) and only when an employer has an approved preferred
1619	1619
1620	1620
1621	1621
1622	1622
1623	1623
1624	1624	HB1254 - 44 - LRB104 03226 SPS 13248 b
1625	1625
1626	1626
1627	1627	HB1254- 45 -LRB104 03226 SPS 13248 b HB1254 - 45 - LRB104 03226 SPS 13248 b
1628	1628	HB1254 - 45 - LRB104 03226 SPS 13248 b
1629	1629	1 provider program pursuant to Section 8.1a on the date the
1630	1630	2 employee sustained his or her accidental injuries:
1631	1631	3 (A) The employer shall, in writing, on a form
1632	1632	4 promulgated by the Commission, inform the employee of
1633	1633	5 the preferred provider program;
1634	1634	6 (B) Subsequent to the report of an injury by an
1635	1635	7 employee, the employee may choose in writing at any
1636	1636	8 time to decline the preferred provider program, in
1637	1637	9 which case that would constitute one of the two
1638	1638	10 choices of medical providers to which the employee is
1639	1639	11 entitled under subsection (a)(2) or (a)(3); and
1640	1640	12 (C) Prior to the report of an injury by an
1641	1641	13 employee, when an employee chooses non-emergency
1642	1642	14 treatment from a provider not within the preferred
1643	1643	15 provider program, that would constitute the employee's
1644	1644	16 one choice of medical providers to which the employee
1645	1645	17 is entitled under subsection (a)(2) or (a)(3).
1646	1646	18 When an employer and employee so agree in writing, nothing
1647	1647	19 in this Act prevents an employee whose injury or disability
1648	1648	20 has been established under this Act, from relying in good
1649	1649	21 faith, on treatment by prayer or spiritual means alone, in
1650	1650	22 accordance with the tenets and practice of a recognized church
1651	1651	23 or religious denomination, by a duly accredited practitioner
1652	1652	24 thereof, and having nursing services appropriate therewith,
1653	1653	25 without suffering loss or diminution of the compensation
1654	1654	26 benefits under this Act. However, the employee shall submit to
1655	1655
1656	1656
1657	1657
1658	1658
1659	1659
1660	1660	HB1254 - 45 - LRB104 03226 SPS 13248 b
1661	1661
1662	1662
1663	1663	HB1254- 46 -LRB104 03226 SPS 13248 b HB1254 - 46 - LRB104 03226 SPS 13248 b
1664	1664	HB1254 - 46 - LRB104 03226 SPS 13248 b
1665	1665	1 all physical examinations required by this Act. The cost of
1666	1666	2 such treatment and nursing care shall be paid by the employee
1667	1667	3 unless the employer agrees to make such payment.
1668	1668	4 Where the accidental injury results in the amputation of
1669	1669	5 an arm, hand, leg or foot, or the enucleation of an eye, or the
1670	1670	6 loss of any of the natural teeth, the employer shall furnish an
1671	1671	7 artificial of any such members lost or damaged in accidental
1672	1672	8 injury arising out of and in the course of employment, and
1673	1673	9 shall also furnish the necessary braces in all proper and
1674	1674	10 necessary cases. In cases of the loss of a member or members by
1675	1675	11 amputation, the employer shall, whenever necessary, maintain
1676	1676	12 in good repair, refit or replace the artificial limbs during
1677	1677	13 the lifetime of the employee. Where the accidental injury
1678	1678	14 accompanied by physical injury results in damage to a denture,
1679	1679	15 eye glasses or contact eye lenses, or where the accidental
1680	1680	16 injury results in damage to an artificial member, the employer
1681	1681	17 shall replace or repair such denture, glasses, lenses, or
1682	1682	18 artificial member.
1683	1683	19 The furnishing by the employer of any such services or
1684	1684	20 appliances is not an admission of liability on the part of the
1685	1685	21 employer to pay compensation.
1686	1686	22 The furnishing of any such services or appliances or the
1687	1687	23 servicing thereof by the employer is not the payment of
1688	1688	24 compensation.
1689	1689	25 (b) If the period of temporary total incapacity for work
1690	1690	26 lasts more than 3 working days, weekly compensation as
1691	1691
1692	1692
1693	1693
1694	1694
1695	1695
1696	1696	HB1254 - 46 - LRB104 03226 SPS 13248 b
1697	1697
1698	1698
1699	1699	HB1254- 47 -LRB104 03226 SPS 13248 b HB1254 - 47 - LRB104 03226 SPS 13248 b
1700	1700	HB1254 - 47 - LRB104 03226 SPS 13248 b
1701	1701	1 hereinafter provided shall be paid beginning on the 4th day of
1702	1702	2 such temporary total incapacity and continuing as long as the
1703	1703	3 total temporary incapacity lasts. In cases where the temporary
1704	1704	4 total incapacity for work continues for a period of 14 days or
1705	1705	5 more from the day of the accident compensation shall commence
1706	1706	6 on the day after the accident.
1707	1707	7 1. The compensation rate for temporary total
1708	1708	8 incapacity under this paragraph (b) of this Section shall
1709	1709	9 be equal to 66 2/3% of the employee's average weekly wage
1710	1710	10 computed in accordance with Section 10, provided that it
1711	1711	11 shall be not less than 66 2/3% of the sum of the Federal
1712	1712	12 minimum wage under the Fair Labor Standards Act, or the
1713	1713	13 Illinois minimum wage under the Minimum Wage Law,
1714	1714	14 whichever is more, multiplied by 40 hours. This percentage
1715	1715	15 rate shall be increased by 10% for each spouse and child,
1716	1716	16 not to exceed 100% of the total minimum wage calculation,
1717	1717	17 nor exceed the employee's average weekly wage computed in
1718	1718	18 accordance with the provisions of Section 10, whichever is
1719	1719	19 less.
1720	1720	20 2. The compensation rate in all cases other than for
1721	1721	21 temporary total disability under this paragraph (b), and
1722	1722	22 other than for serious and permanent disfigurement under
1723	1723	23 paragraph (c) and other than for permanent partial
1724	1724	24 disability under subparagraph (2) of paragraph (d) or
1725	1725	25 under paragraph (e), of this Section shall be equal to 66
1726	1726	26 2/3% of the employee's average weekly wage computed in
1727	1727
1728	1728
1729	1729
1730	1730
1731	1731
1732	1732	HB1254 - 47 - LRB104 03226 SPS 13248 b
1733	1733
1734	1734
1735	1735	HB1254- 48 -LRB104 03226 SPS 13248 b HB1254 - 48 - LRB104 03226 SPS 13248 b
1736	1736	HB1254 - 48 - LRB104 03226 SPS 13248 b
1737	1737	1 accordance with the provisions of Section 10, provided
1738	1738	2 that it shall be not less than 66 2/3% of the sum of the
1739	1739	3 Federal minimum wage under the Fair Labor Standards Act,
1740	1740	4 or the Illinois minimum wage under the Minimum Wage Law,
1741	1741	5 whichever is more, multiplied by 40 hours. This percentage
1742	1742	6 rate shall be increased by 10% for each spouse and child,
1743	1743	7 not to exceed 100% of the total minimum wage calculation,
1744	1744	8 nor exceed the employee's average weekly wage computed in
1745	1745	9 accordance with the provisions of Section 10, whichever is
1746	1746	10 less.
1747	1747	11 2.1. The compensation rate in all cases of serious and
1748	1748	12 permanent disfigurement under paragraph (c) and of
1749	1749	13 permanent partial disability under subparagraph (2) of
1750	1750	14 paragraph (d) or under paragraph (e) of this Section shall
1751	1751	15 be equal to 60% of the employee's average weekly wage
1752	1752	16 computed in accordance with the provisions of Section 10,
1753	1753	17 provided that it shall be not less than 66 2/3% of the sum
1754	1754	18 of the Federal minimum wage under the Fair Labor Standards
1755	1755	19 Act, or the Illinois minimum wage under the Minimum Wage
1756	1756	20 Law, whichever is more, multiplied by 40 hours. This
1757	1757	21 percentage rate shall be increased by 10% for each spouse
1758	1758	22 and child, not to exceed 100% of the total minimum wage
1759	1759	23 calculation, nor exceed the employee's average weekly wage
1760	1760	24 computed in accordance with the provisions of Section 10,
1761	1761	25 whichever is less.
1762	1762	26 3. As used in this Section the term "child" means a
1763	1763
1764	1764
1765	1765
1766	1766
1767	1767
1768	1768	HB1254 - 48 - LRB104 03226 SPS 13248 b
1769	1769
1770	1770
1771	1771	HB1254- 49 -LRB104 03226 SPS 13248 b HB1254 - 49 - LRB104 03226 SPS 13248 b
1772	1772	HB1254 - 49 - LRB104 03226 SPS 13248 b
1773	1773	1 child of the employee including any child legally adopted
1774	1774	2 before the accident or whom at the time of the accident the
1775	1775	3 employee was under legal obligation to support or to whom
1776	1776	4 the employee stood in loco parentis, and who at the time of
1777	1777	5 the accident was under 18 years of age and not
1778	1778	6 emancipated. The term "children" means the plural of
1779	1779	7 "child".
1780	1780	8 4. All weekly compensation rates provided under
1781	1781	9 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
1782	1782	10 Section shall be subject to the following limitations:
1783	1783	11 The maximum weekly compensation rate from July 1,
1784	1784	12 1975, except as hereinafter provided, shall be 100% of the
1785	1785	13 State's average weekly wage in covered industries under
1786	1786	14 the Unemployment Insurance Act, that being the wage that
1787	1787	15 most closely approximates the State's average weekly wage.
1788	1788	16 The maximum weekly compensation rate, for the period
1789	1789	17 July 1, 1984, through June 30, 1987, except as hereinafter
1790	1790	18 provided, shall be $293.61. Effective July 1, 1987 and on
1791	1791	19 July 1 of each year thereafter the maximum weekly
1792	1792	20 compensation rate, except as hereinafter provided, shall
1793	1793	21 be determined as follows: if during the preceding 12 month
1794	1794	22 period there shall have been an increase in the State's
1795	1795	23 average weekly wage in covered industries under the
1796	1796	24 Unemployment Insurance Act, the weekly compensation rate
1797	1797	25 shall be proportionately increased by the same percentage
1798	1798	26 as the percentage of increase in the State's average
1799	1799
1800	1800
1801	1801
1802	1802
1803	1803
1804	1804	HB1254 - 49 - LRB104 03226 SPS 13248 b
1805	1805
1806	1806
1807	1807	HB1254- 50 -LRB104 03226 SPS 13248 b HB1254 - 50 - LRB104 03226 SPS 13248 b
1808	1808	HB1254 - 50 - LRB104 03226 SPS 13248 b
1809	1809	1 weekly wage in covered industries under the Unemployment
1810	1810	2 Insurance Act during such period.
1811	1811	3 The maximum weekly compensation rate, for the period
1812	1812	4 January 1, 1981 through December 31, 1983, except as
1813	1813	5 hereinafter provided, shall be 100% of the State's average
1814	1814	6 weekly wage in covered industries under the Unemployment
1815	1815	7 Insurance Act in effect on January 1, 1981. Effective
1816	1816	8 January 1, 1984 and on January 1, of each year thereafter
1817	1817	9 the maximum weekly compensation rate, except as
1818	1818	10 hereinafter provided, shall be determined as follows: if
1819	1819	11 during the preceding 12 month period there shall have been
1820	1820	12 an increase in the State's average weekly wage in covered
1821	1821	13 industries under the Unemployment Insurance Act, the
1822	1822	14 weekly compensation rate shall be proportionately
1823	1823	15 increased by the same percentage as the percentage of
1824	1824	16 increase in the State's average weekly wage in covered
1825	1825	17 industries under the Unemployment Insurance Act during
1826	1826	18 such period.
1827	1827	19 From July 1, 1977 and thereafter such maximum weekly
1828	1828	20 compensation rate in death cases under Section 7, and
1829	1829	21 permanent total disability cases under paragraph (f) or
1830	1830	22 subparagraph 18 of paragraph (3) of this Section and for
1831	1831	23 temporary total disability under paragraph (b) of this
1832	1832	24 Section and for amputation of a member or enucleation of
1833	1833	25 an eye under paragraph (e) of this Section shall be
1834	1834	26 increased to 133-1/3% of the State's average weekly wage
1835	1835
1836	1836
1837	1837
1838	1838
1839	1839
1840	1840	HB1254 - 50 - LRB104 03226 SPS 13248 b
1841	1841
1842	1842
1843	1843	HB1254- 51 -LRB104 03226 SPS 13248 b HB1254 - 51 - LRB104 03226 SPS 13248 b
1844	1844	HB1254 - 51 - LRB104 03226 SPS 13248 b
1845	1845	1 in covered industries under the Unemployment Insurance
1846	1846	2 Act.
1847	1847	3 For injuries occurring on or after February 1, 2006,
1848	1848	4 the maximum weekly benefit under paragraph (d)1 of this
1849	1849	5 Section shall be 100% of the State's average weekly wage
1850	1850	6 in covered industries under the Unemployment Insurance
1851	1851	7 Act.
1852	1852	8 4.1. Any provision herein to the contrary
1853	1853	9 notwithstanding, the weekly compensation rate for
1854	1854	10 compensation payments under subparagraph 18 of paragraph
1855	1855	11 (e) of this Section and under paragraph (f) of this
1856	1856	12 Section and under paragraph (a) of Section 7 and for
1857	1857	13 amputation of a member or enucleation of an eye under
1858	1858	14 paragraph (e) of this Section, shall in no event be less
1859	1859	15 than 50% of the State's average weekly wage in covered
1860	1860	16 industries under the Unemployment Insurance Act.
1861	1861	17 4.2. Any provision to the contrary notwithstanding,
1862	1862	18 the total compensation payable under Section 7 shall not
1863	1863	19 exceed the greater of $500,000 or 25 years.
1864	1864	20 5. For the purpose of this Section this State's
1865	1865	21 average weekly wage in covered industries under the
1866	1866	22 Unemployment Insurance Act on July 1, 1975 is hereby fixed
1867	1867	23 at $228.16 per week and the computation of compensation
1868	1868	24 rates shall be based on the aforesaid average weekly wage
1869	1869	25 until modified as hereinafter provided.
1870	1870	26 6. The Department of Employment Security of the State
1871	1871
1872	1872
1873	1873
1874	1874
1875	1875
1876	1876	HB1254 - 51 - LRB104 03226 SPS 13248 b
1877	1877
1878	1878
1879	1879	HB1254- 52 -LRB104 03226 SPS 13248 b HB1254 - 52 - LRB104 03226 SPS 13248 b
1880	1880	HB1254 - 52 - LRB104 03226 SPS 13248 b
1881	1881	1 shall on or before the first day of December, 1977, and on
1882	1882	2 or before the first day of June, 1978, and on the first day
1883	1883	3 of each December and June of each year thereafter, publish
1884	1884	4 the State's average weekly wage in covered industries
1885	1885	5 under the Unemployment Insurance Act and the Illinois
1886	1886	6 Workers' Compensation Commission shall on the 15th day of
1887	1887	7 January, 1978 and on the 15th day of July, 1978 and on the
1888	1888	8 15th day of each January and July of each year thereafter,
1889	1889	9 post and publish the State's average weekly wage in
1890	1890	10 covered industries under the Unemployment Insurance Act as
1891	1891	11 last determined and published by the Department of
1892	1892	12 Employment Security. The amount when so posted and
1893	1893	13 published shall be conclusive and shall be applicable as
1894	1894	14 the basis of computation of compensation rates until the
1895	1895	15 next posting and publication as aforesaid.
1896	1896	16 7. The payment of compensation by an employer or his
1897	1897	17 insurance carrier to an injured employee shall not
1898	1898	18 constitute an admission of the employer's liability to pay
1899	1899	19 compensation.
1900	1900	20 (c) For any serious and permanent disfigurement to the
1901	1901	21 hand, head, face, neck, arm, leg below the knee or the chest
1902	1902	22 above the axillary line, the employee is entitled to
1903	1903	23 compensation for such disfigurement, the amount determined by
1904	1904	24 agreement at any time or by arbitration under this Act, at a
1905	1905	25 hearing not less than 6 months after the date of the accidental
1906	1906	26 injury, which amount shall not exceed 150 weeks (if the
1907	1907
1908	1908
1909	1909
1910	1910
1911	1911
1912	1912	HB1254 - 52 - LRB104 03226 SPS 13248 b
1913	1913
1914	1914
1915	1915	HB1254- 53 -LRB104 03226 SPS 13248 b HB1254 - 53 - LRB104 03226 SPS 13248 b
1916	1916	HB1254 - 53 - LRB104 03226 SPS 13248 b
1917	1917	1 accidental injury occurs on or after the effective date of
1918	1918	2 this amendatory Act of the 94th General Assembly but before
1919	1919	3 February 1, 2006) or 162 weeks (if the accidental injury
1920	1920	4 occurs on or after February 1, 2006) at the applicable rate
1921	1921	5 provided in subparagraph 2.1 of paragraph (b) of this Section.
1922	1922	6 No compensation is payable under this paragraph where
1923	1923	7 compensation is payable under paragraphs (d), (e) or (f) of
1924	1924	8 this Section.
1925	1925	9 A duly appointed member of a fire department in a city, the
1926	1926	10 population of which exceeds 500,000 according to the last
1927	1927	11 federal or State census, is eligible for compensation under
1928	1928	12 this paragraph only where such serious and permanent
1929	1929	13 disfigurement results from burns.
1930	1930	14 (d) 1. If, after the accidental injury has been sustained,
1931	1931	15 the employee as a result thereof becomes partially
1932	1932	16 incapacitated from pursuing his usual and customary line of
1933	1933	17 employment, he shall, except in cases compensated under the
1934	1934	18 specific schedule set forth in paragraph (e) of this Section,
1935	1935	19 receive compensation for the duration of his disability,
1936	1936	20 subject to the limitations as to maximum amounts fixed in
1937	1937	21 paragraph (b) of this Section, equal to 66-2/3% of the
1938	1938	22 difference between the average amount which he would be able
1939	1939	23 to earn in the full performance of his duties in the occupation
1940	1940	24 in which he was engaged at the time of the accident and the
1941	1941	25 average amount which he is earning or is able to earn in some
1942	1942	26 suitable employment or business after the accident. For
1943	1943
1944	1944
1945	1945
1946	1946
1947	1947
1948	1948	HB1254 - 53 - LRB104 03226 SPS 13248 b
1949	1949
1950	1950
1951	1951	HB1254- 54 -LRB104 03226 SPS 13248 b HB1254 - 54 - LRB104 03226 SPS 13248 b
1952	1952	HB1254 - 54 - LRB104 03226 SPS 13248 b
1953	1953	1 accidental injuries that occur on or after September 1, 2011,
1954	1954	2 an award for wage differential under this subsection shall be
1955	1955	3 effective only until the employee reaches the age of 67 or 5
1956	1956	4 years from the date the award becomes final, whichever is
1957	1957	5 later.
1958	1958	6 2. If, as a result of the accident, the employee sustains
1959	1959	7 serious and permanent injuries not covered by paragraphs (c)
1960	1960	8 and (e) of this Section or having sustained injuries covered
1961	1961	9 by the aforesaid paragraphs (c) and (e), he shall have
1962	1962	10 sustained in addition thereto other injuries which injuries do
1963	1963	11 not incapacitate him from pursuing the duties of his
1964	1964	12 employment but which would disable him from pursuing other
1965	1965	13 suitable occupations, or which have otherwise resulted in
1966	1966	14 physical impairment; or if such injuries partially
1967	1967	15 incapacitate him from pursuing the duties of his usual and
1968	1968	16 customary line of employment but do not result in an
1969	1969	17 impairment of earning capacity, or having resulted in an
1970	1970	18 impairment of earning capacity, the employee elects to waive
1971	1971	19 his right to recover under the foregoing subparagraph 1 of
1972	1972	20 paragraph (d) of this Section then in any of the foregoing
1973	1973	21 events, he shall receive in addition to compensation for
1974	1974	22 temporary total disability under paragraph (b) of this
1975	1975	23 Section, compensation at the rate provided in subparagraph 2.1
1976	1976	24 of paragraph (b) of this Section for that percentage of 500
1977	1977	25 weeks that the partial disability resulting from the injuries
1978	1978	26 covered by this paragraph bears to total disability. If the
1979	1979
1980	1980
1981	1981
1982	1982
1983	1983
1984	1984	HB1254 - 54 - LRB104 03226 SPS 13248 b
1985	1985
1986	1986
1987	1987	HB1254- 55 -LRB104 03226 SPS 13248 b HB1254 - 55 - LRB104 03226 SPS 13248 b
1988	1988	HB1254 - 55 - LRB104 03226 SPS 13248 b
1989	1989	1 employee shall have sustained a fracture of one or more
1990	1990	2 vertebra or fracture of the skull, the amount of compensation
1991	1991	3 allowed under this Section shall be not less than 6 weeks for a
1992	1992	4 fractured skull and 6 weeks for each fractured vertebra, and
1993	1993	5 in the event the employee shall have sustained a fracture of
1994	1994	6 any of the following facial bones: nasal, lachrymal, vomer,
1995	1995	7 zygoma, maxilla, palatine or mandible, the amount of
1996	1996	8 compensation allowed under this Section shall be not less than
1997	1997	9 2 weeks for each such fractured bone, and for a fracture of
1998	1998	10 each transverse process not less than 3 weeks. In the event
1999	1999	11 such injuries shall result in the loss of a kidney, spleen or
2000	2000	12 lung, the amount of compensation allowed under this Section
2001	2001	13 shall be not less than 10 weeks for each such organ.
2002	2002	14 Compensation awarded under this subparagraph 2 shall not take
2003	2003	15 into consideration injuries covered under paragraphs (c) and
2004	2004	16 (e) of this Section and the compensation provided in this
2005	2005	17 paragraph shall not affect the employee's right to
2006	2006	18 compensation payable under paragraphs (b), (c) and (e) of this
2007	2007	19 Section for the disabilities therein covered.
2008	2008	20 (e) For accidental injuries in the following schedule, the
2009	2009	21 employee shall receive compensation for the period of
2010	2010	22 temporary total incapacity for work resulting from such
2011	2011	23 accidental injury, under subparagraph 1 of paragraph (b) of
2012	2012	24 this Section, and shall receive in addition thereto
2013	2013	25 compensation for a further period for the specific loss herein
2014	2014	26 mentioned, but shall not receive any compensation under any
2015	2015
2016	2016
2017	2017
2018	2018
2019	2019
2020	2020	HB1254 - 55 - LRB104 03226 SPS 13248 b
2021	2021
2022	2022
2023	2023	HB1254- 56 -LRB104 03226 SPS 13248 b HB1254 - 56 - LRB104 03226 SPS 13248 b
2024	2024	HB1254 - 56 - LRB104 03226 SPS 13248 b
2025	2025	1 other provisions of this Act. The following listed amounts
2026	2026	2 apply to either the loss of or the permanent and complete loss
2027	2027	3 of use of the member specified, such compensation for the
2028	2028	4 length of time as follows:
2029	2029	5 1. Thumb-
2030	2030	6 70 weeks if the accidental injury occurs on or
2031	2031	7 after the effective date of this amendatory Act of the
2032	2032	8 94th General Assembly but before February 1, 2006.
2033	2033	9 76 weeks if the accidental injury occurs on or
2034	2034	10 after February 1, 2006.
2035	2035	11 70 weeks if the accidental injury occurs on or
2036	2036	12 after the effective date of this amendatory Act of the
2037	2037	13 104th General Assembly.
2038	2038	14 2. First, or index finger-
2039	2039	15 40 weeks if the accidental injury occurs on or
2040	2040	16 after the effective date of this amendatory Act of the
2041	2041	17 94th General Assembly but before February 1, 2006.
2042	2042	18 43 weeks if the accidental injury occurs on or
2043	2043	19 after February 1, 2006.
2044	2044	20 40 weeks if the accidental injury occurs on or
2045	2045	21 after the effective date of this amendatory Act of the
2046	2046	22 104th General Assembly.
2047	2047	23 3. Second, or middle finger-
2048	2048	24 35 weeks if the accidental injury occurs on or
2049	2049	25 after the effective date of this amendatory Act of the
2050	2050	26 94th General Assembly but before February 1, 2006.
2051	2051
2052	2052
2053	2053
2054	2054
2055	2055
2056	2056	HB1254 - 56 - LRB104 03226 SPS 13248 b
2057	2057
2058	2058
2059	2059	HB1254- 57 -LRB104 03226 SPS 13248 b HB1254 - 57 - LRB104 03226 SPS 13248 b
2060	2060	HB1254 - 57 - LRB104 03226 SPS 13248 b
2061	2061	1 38 weeks if the accidental injury occurs on or
2062	2062	2 after February 1, 2006, but before the effective date
2063	2063	3 of this amendatory Act of the 104th General Assembly.
2064	2064	4 35 weeks if the accidental injury occurs on or
2065	2065	5 after the effective date of this amendatory Act of the
2066	2066	6 104th General Assembly
2067	2067	7 4. Third, or ring finger-
2068	2068	8 25 weeks if the accidental injury occurs on or
2069	2069	9 after the effective date of this amendatory Act of the
2070	2070	10 94th General Assembly but before February 1, 2006.
2071	2071	11 27 weeks if the accidental injury occurs on or
2072	2072	12 after February 1, 2006, but before the effective date
2073	2073	13 of this amendatory Act of the 104th General Assembly.
2074	2074	14 25 weeks if the accidental injury occurs on or
2075	2075	15 after the effective date of this amendatory Act of the
2076	2076	16 104th General Assembly.
2077	2077	17 5. Fourth, or little finger-
2078	2078	18 20 weeks if the accidental injury occurs on or
2079	2079	19 after the effective date of this amendatory Act of the
2080	2080	20 94th General Assembly but before February 1, 2006.
2081	2081	21 22 weeks if the accidental injury occurs on or
2082	2082	22 after February 1, 2006, but before the effective date
2083	2083	23 of this amendatory Act of the 104th General Assembly.
2084	2084	24 20 weeks if the accidental injury occurs on or
2085	2085	25 after the effective date of this amendatory Act of the
2086	2086	26 104th General Assembly.
2087	2087
2088	2088
2089	2089
2090	2090
2091	2091
2092	2092	HB1254 - 57 - LRB104 03226 SPS 13248 b
2093	2093
2094	2094
2095	2095	HB1254- 58 -LRB104 03226 SPS 13248 b HB1254 - 58 - LRB104 03226 SPS 13248 b
2096	2096	HB1254 - 58 - LRB104 03226 SPS 13248 b
2097	2097	1 6. Great toe-
2098	2098	2 35 weeks if the accidental injury occurs on or
2099	2099	3 after the effective date of this amendatory Act of the
2100	2100	4 94th General Assembly but before February 1, 2006.
2101	2101	5 38 weeks if the accidental injury occurs on or
2102	2102	6 after February 1, 2006, but before the effective date
2103	2103	7 of this amendatory Act of the 104th General Assembly.
2104	2104	8 35 weeks if the accidental injury occurs on or
2105	2105	9 after the effective date of this amendatory Act of the
2106	2106	10 104th General Assembly.
2107	2107	11 7. Each toe other than great toe-
2108	2108	12 12 weeks if the accidental injury occurs on or
2109	2109	13 after the effective date of this amendatory Act of the
2110	2110	14 94th General Assembly but before February 1, 2006.
2111	2111	15 13 weeks if the accidental injury occurs on or
2112	2112	16 after February 1, 2006, but before the effective date
2113	2113	17 of this amendatory Act of the 104th General Assembly.
2114	2114	18 12 weeks if the accidental injury occurs on or
2115	2115	19 after the effective date of this amendatory Act of the
2116	2116	20 104th General Assembly.
2117	2117	21 8. The loss of the first or distal phalanx of the thumb
2118	2118	22 or of any finger or toe shall be considered to be equal to
2119	2119	23 the loss of one-half of such thumb, finger or toe and the
2120	2120	24 compensation payable shall be one-half of the amount above
2121	2121	25 specified. The loss of more than one phalanx shall be
2122	2122	26 considered as the loss of the entire thumb, finger or toe.
2123	2123
2124	2124
2125	2125
2126	2126
2127	2127
2128	2128	HB1254 - 58 - LRB104 03226 SPS 13248 b
2129	2129
2130	2130
2131	2131	HB1254- 59 -LRB104 03226 SPS 13248 b HB1254 - 59 - LRB104 03226 SPS 13248 b
2132	2132	HB1254 - 59 - LRB104 03226 SPS 13248 b
2133	2133	1 In no case shall the amount received for more than one
2134	2134	2 finger exceed the amount provided in this schedule for the
2135	2135	3 loss of a hand.
2136	2136	4 9. Hand-
2137	2137	5 190 weeks if the accidental injury occurs on or
2138	2138	6 after the effective date of this amendatory Act of the
2139	2139	7 94th General Assembly but before February 1, 2006.
2140	2140	8 205 weeks if the accidental injury occurs on or
2141	2141	9 after February 1, 2006, but before the effective date
2142	2142	10 of this amendatory Act of the 104th General Assembly.
2143	2143	11 190 weeks if the accidental injury occurs on or
2144	2144	12 after the effective date of this amendatory Act of the
2145	2145	13 104th General Assembly.
2146	2146	14 190 weeks if the accidental injury occurs on or
2147	2147	15 after June 28, 2011 (the effective date of Public Act
2148	2148	16 97-18) and if the accidental injury involves carpal
2149	2149	17 tunnel syndrome due to repetitive or cumulative
2150	2150	18 trauma, in which case the permanent partial disability
2151	2151	19 shall not exceed 15% loss of use of the hand, except
2152	2152	20 for cause shown by clear and convincing evidence and
2153	2153	21 in which case the award shall not exceed 30% loss of
2154	2154	22 use of the hand.
2155	2155	23 The loss of 2 or more digits, or one or more phalanges
2156	2156	24 of 2 or more digits, of a hand may be compensated on the
2157	2157	25 basis of partial loss of use of a hand, provided, further,
2158	2158	26 that the loss of 4 digits, or the loss of use of 4 digits,
2159	2159
2160	2160
2161	2161
2162	2162
2163	2163
2164	2164	HB1254 - 59 - LRB104 03226 SPS 13248 b
2165	2165
2166	2166
2167	2167	HB1254- 60 -LRB104 03226 SPS 13248 b HB1254 - 60 - LRB104 03226 SPS 13248 b
2168	2168	HB1254 - 60 - LRB104 03226 SPS 13248 b
2169	2169	1 in the same hand shall constitute the complete loss of a
2170	2170	2 hand.
2171	2171	3 10. Arm-
2172	2172	4 235 weeks if the accidental injury occurs on or
2173	2173	5 after the effective date of this amendatory Act of the
2174	2174	6 94th General Assembly but before February 1, 2006.
2175	2175	7 253 weeks if the accidental injury occurs on or
2176	2176	8 after February 1, 2006, but before the effective date
2177	2177	9 of this amendatory Act of the 104th General Assembly.
2178	2178	10 235 weeks if the accidental injury occurs on or
2179	2179	11 after the effective date of this amendatory Act of the
2180	2180	12 104th General Assembly.
2181	2181	13 Where an accidental injury results in the amputation
2182	2182	14 of an arm below the elbow, such injury shall be
2183	2183	15 compensated as a loss of an arm. Where an accidental
2184	2184	16 injury results in the amputation of an arm above the
2185	2185	17 elbow, compensation for an additional 15 weeks (if the
2186	2186	18 accidental injury occurs on or after the effective date of
2187	2187	19 this amendatory Act of the 94th General Assembly but
2188	2188	20 before February 1, 2006, but before the effective date of
2189	2189	21 this amendatory Act of the 104th General Assembly) or an
2190	2190	22 additional 15 weeks (if the accidental injury occurs on or
2191	2191	23 after the effective date of this amendatory Act of the
2192	2192	24 104th General Assembly) or an additional 17 weeks (if the
2193	2193	25 accidental injury occurs on or after February 1, 2006)
2194	2194	26 shall be paid, except where the accidental injury results
2195	2195
2196	2196
2197	2197
2198	2198
2199	2199
2200	2200	HB1254 - 60 - LRB104 03226 SPS 13248 b
2201	2201
2202	2202
2203	2203	HB1254- 61 -LRB104 03226 SPS 13248 b HB1254 - 61 - LRB104 03226 SPS 13248 b
2204	2204	HB1254 - 61 - LRB104 03226 SPS 13248 b
2205	2205	1 in the amputation of an arm at the shoulder joint, or so
2206	2206	2 close to shoulder joint that an artificial arm cannot be
2207	2207	3 used, or results in the disarticulation of an arm at the
2208	2208	4 shoulder joint, in which case compensation for an
2209	2209	5 additional 65 weeks (if the accidental injury occurs on or
2210	2210	6 after the effective date of this amendatory Act of the
2211	2211	7 94th General Assembly but before February 1, 2006) or an
2212	2212	8 additional 70 weeks (if the accidental injury occurs on or
2213	2213	9 after February 1, 2006, but before the effective date of
2214	2214	10 this amendatory Act of the 104th General Assembly) or an
2215	2215	11 additional 65 weeks (if the accidental injury occurs on or
2216	2216	12 after the effective date of this amendatory Act of the
2217	2217	13 104th General Assembly) shall be paid.
2218	2218	14 11. Foot-
2219	2219	15 155 weeks if the accidental injury occurs on or
2220	2220	16 after the effective date of this amendatory Act of the
2221	2221	17 94th General Assembly but before February 1, 2006.
2222	2222	18 167 weeks if the accidental injury occurs on or
2223	2223	19 after February 1, 2006, but before the effective date
2224	2224	20 of this amendatory Act of the 104th General Assembly.
2225	2225	21 155 weeks if the accidental injury occurs on or
2226	2226	22 after the effective date of this amendatory Act of the
2227	2227	23 104th General Assembly.
2228	2228	24 12. Leg-
2229	2229	25 200 weeks if the accidental injury occurs on or
2230	2230	26 after the effective date of this amendatory Act of the
2231	2231
2232	2232
2233	2233
2234	2234
2235	2235
2236	2236	HB1254 - 61 - LRB104 03226 SPS 13248 b
2237	2237
2238	2238
2239	2239	HB1254- 62 -LRB104 03226 SPS 13248 b HB1254 - 62 - LRB104 03226 SPS 13248 b
2240	2240	HB1254 - 62 - LRB104 03226 SPS 13248 b
2241	2241	1 94th General Assembly but before February 1, 2006.
2242	2242	2 215 weeks if the accidental injury occurs on or
2243	2243	3 after February 1, 2006, but before the effective date
2244	2244	4 of this amendatory Act of the 104th General Assembly.
2245	2245	5 200 weeks if the accidental injury occurs on or
2246	2246	6 after the effective date of this amendatory Act of the
2247	2247	7 104th General Assembly.
2248	2248	8 Where an accidental injury results in the amputation
2249	2249	9 of a leg below the knee, such injury shall be compensated
2250	2250	10 as loss of a leg. Where an accidental injury results in the
2251	2251	11 amputation of a leg above the knee, compensation for an
2252	2252	12 additional 25 weeks (if the accidental injury occurs on or
2253	2253	13 after the effective date of this amendatory Act of the
2254	2254	14 94th General Assembly but before February 1, 2006) or an
2255	2255	15 additional 27 weeks (if the accidental injury occurs on or
2256	2256	16 after February 1, 2006, but before the effective date of
2257	2257	17 this amendatory Act of the 104th General Assembly) or an
2258	2258	18 additional 25 weeks (if the accidental injury occurs on or
2259	2259	19 after the effective date of this amendatory Act of the
2260	2260	20 104th General Assembly) shall be paid, except where the
2261	2261	21 accidental injury results in the amputation of a leg at
2262	2262	22 the hip joint, or so close to the hip joint that an
2263	2263	23 artificial leg cannot be used, or results in the
2264	2264	24 disarticulation of a leg at the hip joint, in which case
2265	2265	25 compensation for an additional 75 weeks (if the accidental
2266	2266	26 injury occurs on or after the effective date of this
2267	2267
2268	2268
2269	2269
2270	2270
2271	2271
2272	2272	HB1254 - 62 - LRB104 03226 SPS 13248 b
2273	2273
2274	2274
2275	2275	HB1254- 63 -LRB104 03226 SPS 13248 b HB1254 - 63 - LRB104 03226 SPS 13248 b
2276	2276	HB1254 - 63 - LRB104 03226 SPS 13248 b
2277	2277	1 amendatory Act of the 94th General Assembly but before
2278	2278	2 February 1, 2006) or an additional 81 weeks (if the
2279	2279	3 accidental injury occurs on or after February 1, 2006, but
2280	2280	4 before the effective date of this amendatory Act of the
2281	2281	5 104th General Assembly) or an additional 75 weeks (if the
2282	2282	6 accidental injury occurs on or after the effective date of
2283	2283	7 this amendatory Act of the 104th General Assembly) shall
2284	2284	8 be paid.
2285	2285	9 13. Eye-
2286	2286	10 150 weeks if the accidental injury occurs on or
2287	2287	11 after the effective date of this amendatory Act of the
2288	2288	12 94th General Assembly but before February 1, 2006.
2289	2289	13 162 weeks if the accidental injury occurs on or
2290	2290	14 after February 1, 2006, but before the effective date
2291	2291	15 of this amendatory Act of the 104th General Assembly..
2292	2292	16 150 weeks if the accidental injury occurs on or
2293	2293	17 after the effective date of this amendatory Act of the
2294	2294	18 104th General Assembly.
2295	2295	19 Where an accidental injury results in the enucleation
2296	2296	20 of an eye, compensation for an additional 10 weeks (if the
2297	2297	21 accidental injury occurs on or after the effective date of
2298	2298	22 this amendatory Act of the 94th General Assembly but
2299	2299	23 before February 1, 2006) or an additional 11 weeks (if the
2300	2300	24 accidental injury occurs on or after February 1, 2006, but
2301	2301	25 before the effective date of this amendatory Act of the
2302	2302	26 104th General Assembly) or an additional 10 weeks (if the
2303	2303
2304	2304
2305	2305
2306	2306
2307	2307
2308	2308	HB1254 - 63 - LRB104 03226 SPS 13248 b
2309	2309
2310	2310
2311	2311	HB1254- 64 -LRB104 03226 SPS 13248 b HB1254 - 64 - LRB104 03226 SPS 13248 b
2312	2312	HB1254 - 64 - LRB104 03226 SPS 13248 b
2313	2313	1 accidental injury occurs on or after the effective date of
2314	2314	2 this amendatory Act of the 104th General Assembly) shall
2315	2315	3 be paid.
2316	2316	4 14. Loss of hearing of one ear-
2317	2317	5 50 weeks if the accidental injury occurs on or
2318	2318	6 after the effective date of this amendatory Act of the
2319	2319	7 94th General Assembly but before February 1, 2006.
2320	2320	8 54 weeks if the accidental injury occurs on or
2321	2321	9 after February 1, 2006, but before the effective date
2322	2322	10 of this amendatory Act of the 104th General Assembly..
2323	2323	11 50 weeks if the accidental injury occurs on or
2324	2324	12 after the effective date of this amendatory Act of the
2325	2325	13 104th General Assembly.
2326	2326	14 Total and permanent loss of hearing of both ears-
2327	2327	15 200 weeks if the accidental injury occurs on or
2328	2328	16 after the effective date of this amendatory Act of the
2329	2329	17 94th General Assembly but before February 1, 2006.
2330	2330	18 215 weeks if the accidental injury occurs on or
2331	2331	19 after February 1, 2006, but before the effective date
2332	2332	20 of this amendatory Act of the 104th General Assembly..
2333	2333	21 200 weeks if the accidental injury occurs on or
2334	2334	22 after the effective date of this amendatory Act of the
2335	2335	23 104th General Assembly.
2336	2336	24 15. Testicle-
2337	2337	25 50 weeks if the accidental injury occurs on or
2338	2338	26 after the effective date of this amendatory Act of the
2339	2339
2340	2340
2341	2341
2342	2342
2343	2343
2344	2344	HB1254 - 64 - LRB104 03226 SPS 13248 b
2345	2345
2346	2346
2347	2347	HB1254- 65 -LRB104 03226 SPS 13248 b HB1254 - 65 - LRB104 03226 SPS 13248 b
2348	2348	HB1254 - 65 - LRB104 03226 SPS 13248 b
2349	2349	1 94th General Assembly but before February 1, 2006.
2350	2350	2 54 weeks if the accidental injury occurs on or
2351	2351	3 after February 1, 2006, but before the effective date
2352	2352	4 of this amendatory Act of the 104th General Assembly..
2353	2353	5 50 weeks if the accidental injury occurs on or
2354	2354	6 after the effective date of this amendatory Act of the
2355	2355	7 104th General Assembly.
2356	2356	8 Both testicles-
2357	2357	9 150 weeks if the accidental injury occurs on or
2358	2358	10 after the effective date of this amendatory Act of the
2359	2359	11 94th General Assembly but before February 1, 2006.
2360	2360	12 162 weeks if the accidental injury occurs on or
2361	2361	13 after February 1, 2006.
2362	2362	14 16. For the permanent partial loss of use of a member
2363	2363	15 or sight of an eye, or hearing of an ear, compensation
2364	2364	16 during that proportion of the number of weeks in the
2365	2365	17 foregoing schedule provided for the loss of such member or
2366	2366	18 sight of an eye, or hearing of an ear, which the partial
2367	2367	19 loss of use thereof bears to the total loss of use of such
2368	2368	20 member, or sight of eye, or hearing of an ear.
2369	2369	21 (a) Loss of hearing for compensation purposes
2370	2370	22 shall be confined to the frequencies of 1,000, 2,000
2371	2371	23 and 3,000 cycles per second. Loss of hearing ability
2372	2372	24 for frequency tones above 3,000 cycles per second are
2373	2373	25 not to be considered as constituting disability for
2374	2374	26 hearing.
2375	2375
2376	2376
2377	2377
2378	2378
2379	2379
2380	2380	HB1254 - 65 - LRB104 03226 SPS 13248 b
2381	2381
2382	2382
2383	2383	HB1254- 66 -LRB104 03226 SPS 13248 b HB1254 - 66 - LRB104 03226 SPS 13248 b
2384	2384	HB1254 - 66 - LRB104 03226 SPS 13248 b
2385	2385	1 (b) The percent of hearing loss, for purposes of
2386	2386	2 the determination of compensation claims for
2387	2387	3 occupational deafness, shall be calculated as the
2388	2388	4 average in decibels for the thresholds of hearing for
2389	2389	5 the frequencies of 1,000, 2,000 and 3,000 cycles per
2390	2390	6 second. Pure tone air conduction audiometric
2391	2391	7 instruments, approved by nationally recognized
2392	2392	8 authorities in this field, shall be used for measuring
2393	2393	9 hearing loss. If the losses of hearing average 30
2394	2394	10 decibels or less in the 3 frequencies, such losses of
2395	2395	11 hearing shall not then constitute any compensable
2396	2396	12 hearing disability. If the losses of hearing average
2397	2397	13 85 decibels or more in the 3 frequencies, then the same
2398	2398	14 shall constitute and be total or 100% compensable
2399	2399	15 hearing loss.
2400	2400	16 (c) In measuring hearing impairment, the lowest
2401	2401	17 measured losses in each of the 3 frequencies shall be
2402	2402	18 added together and divided by 3 to determine the
2403	2403	19 average decibel loss. For every decibel of loss
2404	2404	20 exceeding 30 decibels an allowance of 1.82% shall be
2405	2405	21 made up to the maximum of 100% which is reached at 85
2406	2406	22 decibels.
2407	2407	23 (d) If a hearing loss is established to have
2408	2408	24 existed on July 1, 1975 by audiometric testing the
2409	2409	25 employer shall not be liable for the previous loss so
2410	2410	26 established nor shall he be liable for any loss for
2411	2411
2412	2412
2413	2413
2414	2414
2415	2415
2416	2416	HB1254 - 66 - LRB104 03226 SPS 13248 b
2417	2417
2418	2418
2419	2419	HB1254- 67 -LRB104 03226 SPS 13248 b HB1254 - 67 - LRB104 03226 SPS 13248 b
2420	2420	HB1254 - 67 - LRB104 03226 SPS 13248 b
2421	2421	1 which compensation has been paid or awarded.
2422	2422	2 (e) No consideration shall be given to the
2423	2423	3 question of whether or not the ability of an employee
2424	2424	4 to understand speech is improved by the use of a
2425	2425	5 hearing aid.
2426	2426	6 (f) No claim for loss of hearing due to industrial
2427	2427	7 noise shall be brought against an employer or allowed
2428	2428	8 unless the employee has been exposed for a period of
2429	2429	9 time sufficient to cause permanent impairment to noise
2430	2430	10 levels in excess of the following:
2431	2431	11Sound Level DBA12Slow ResponseHours Per Day13908149261595416973171002181021-1/2191051201101/2211151/4 11 Sound Level DBA 12 Slow Response Hours Per Day 13 90 8 14 92 6 15 95 4 16 97 3 17 100 2 18 102 1-1/2 19 105 1 20 110 1/2 21 115 1/4
2432	2432	11 Sound Level DBA
2433	2433	12 Slow Response Hours Per Day
2434	2434	13 90 8
2435	2435	14 92 6
2436	2436	15 95 4
2437	2437	16 97 3
2438	2438	17 100 2
2439	2439	18 102 1-1/2
2440	2440	19 105 1
2441	2441	20 110 1/2
2442	2442	21 115 1/4
2443	2443	22 This subparagraph (f) shall not be applied in cases of
2444	2444	23 hearing loss resulting from trauma or explosion.
2445	2445	24 17. In computing the compensation to be paid to any
2446	2446	25 employee who, before the accident for which he claims
2447	2447	26 compensation, had before that time sustained an injury
2448	2448
2449	2449
2450	2450
2451	2451
2452	2452
2453	2453	HB1254 - 67 - LRB104 03226 SPS 13248 b
2454	2454
2455	2455
2456	2456	11 Sound Level DBA
2457	2457	12 Slow Response Hours Per Day
2458	2458	13 90 8
2459	2459	14 92 6
2460	2460	15 95 4
2461	2461	16 97 3
2462	2462	17 100 2
2463	2463	18 102 1-1/2
2464	2464	19 105 1
2465	2465	20 110 1/2
2466	2466	21 115 1/4
2467	2467
2468	2468
2469	2469	HB1254- 68 -LRB104 03226 SPS 13248 b HB1254 - 68 - LRB104 03226 SPS 13248 b
2470	2470	HB1254 - 68 - LRB104 03226 SPS 13248 b
2471	2471	1 resulting in the loss by amputation or partial loss by
2472	2472	2 amputation of any member, including hand, arm, thumb or
2473	2473	3 fingers, leg, foot or any toes, such loss or partial loss
2474	2474	4 of any such member shall be deducted from any award made
2475	2475	5 for the subsequent injury. For the permanent loss of use
2476	2476	6 or the permanent partial loss of use of any such member or
2477	2477	7 the partial loss of sight of an eye, for which
2478	2478	8 compensation has been paid, then such loss shall be taken
2479	2479	9 into consideration and deducted from any award for the
2480	2480	10 subsequent injury.
2481	2481	11 18. The specific case of loss of both hands, both
2482	2482	12 arms, or both feet, or both legs, or both eyes, or of any
2483	2483	13 two thereof, or the permanent and complete loss of the use
2484	2484	14 thereof, constitutes total and permanent disability, to be
2485	2485	15 compensated according to the compensation fixed by
2486	2486	16 paragraph (f) of this Section. These specific cases of
2487	2487	17 total and permanent disability do not exclude other cases.
2488	2488	18 Any employee who has previously suffered the loss or
2489	2489	19 permanent and complete loss of the use of any of such
2490	2490	20 members, and in a subsequent independent accident loses
2491	2491	21 another or suffers the permanent and complete loss of the
2492	2492	22 use of any one of such members the employer for whom the
2493	2493	23 injured employee is working at the time of the last
2494	2494	24 independent accident is liable to pay compensation only
2495	2495	25 for the loss or permanent and complete loss of the use of
2496	2496	26 the member occasioned by the last independent accident.
2497	2497
2498	2498
2499	2499
2500	2500
2501	2501
2502	2502	HB1254 - 68 - LRB104 03226 SPS 13248 b
2503	2503
2504	2504
2505	2505	HB1254- 69 -LRB104 03226 SPS 13248 b HB1254 - 69 - LRB104 03226 SPS 13248 b
2506	2506	HB1254 - 69 - LRB104 03226 SPS 13248 b
2507	2507	1 19. In a case of specific loss and the subsequent
2508	2508	2 death of such injured employee from other causes than such
2509	2509	3 injury leaving a widow, widower, or dependents surviving
2510	2510	4 before payment or payment in full for such injury, then
2511	2511	5 the amount due for such injury is payable to the widow or
2512	2512	6 widower and, if there be no widow or widower, then to such
2513	2513	7 dependents, in the proportion which such dependency bears
2514	2514	8 to total dependency.
2515	2515	9 Beginning July 1, 1980, and every 6 months thereafter, the
2516	2516	10 Commission shall examine the Second Injury Fund and when,
2517	2517	11 after deducting all advances or loans made to such Fund, the
2518	2518	12 amount therein is $500,000 then the amount required to be paid
2519	2519	13 by employers pursuant to paragraph (f) of Section 7 shall be
2520	2520	14 reduced by one-half. When the Second Injury Fund reaches the
2521	2521	15 sum of $600,000 then the payments shall cease entirely.
2522	2522	16 However, when the Second Injury Fund has been reduced to
2523	2523	17 $400,000, payment of one-half of the amounts required by
2524	2524	18 paragraph (f) of Section 7 shall be resumed, in the manner
2525	2525	19 herein provided, and when the Second Injury Fund has been
2526	2526	20 reduced to $300,000, payment of the full amounts required by
2527	2527	21 paragraph (f) of Section 7 shall be resumed, in the manner
2528	2528	22 herein provided. The Commission shall make the changes in
2529	2529	23 payment effective by general order, and the changes in payment
2530	2530	24 become immediately effective for all cases coming before the
2531	2531	25 Commission thereafter either by settlement agreement or final
2532	2532	26 order, irrespective of the date of the accidental injury.
2533	2533
2534	2534
2535	2535
2536	2536
2537	2537
2538	2538	HB1254 - 69 - LRB104 03226 SPS 13248 b
2539	2539
2540	2540
2541	2541	HB1254- 70 -LRB104 03226 SPS 13248 b HB1254 - 70 - LRB104 03226 SPS 13248 b
2542	2542	HB1254 - 70 - LRB104 03226 SPS 13248 b
2543	2543	1 On August 1, 1996 and on February 1 and August 1 of each
2544	2544	2 subsequent year, the Commission shall examine the special fund
2545	2545	3 designated as the "Rate Adjustment Fund" and when, after
2546	2546	4 deducting all advances or loans made to said fund, the amount
2547	2547	5 therein is $4,000,000, the amount required to be paid by
2548	2548	6 employers pursuant to paragraph (f) of Section 7 shall be
2549	2549	7 reduced by one-half. When the Rate Adjustment Fund reaches the
2550	2550	8 sum of $5,000,000 the payment therein shall cease entirely.
2551	2551	9 However, when said Rate Adjustment Fund has been reduced to
2552	2552	10 $3,000,000 the amounts required by paragraph (f) of Section 7
2553	2553	11 shall be resumed in the manner herein provided.
2554	2554	12 (f) In case of complete disability, which renders the
2555	2555	13 employee wholly and permanently incapable of work, or in the
2556	2556	14 specific case of total and permanent disability as provided in
2557	2557	15 subparagraph 18 of paragraph (e) of this Section, compensation
2558	2558	16 shall be payable at the rate provided in subparagraph 2 of
2559	2559	17 paragraph (b) of this Section for life.
2560	2560	18 An employee entitled to benefits under paragraph (f) of
2561	2561	19 this Section shall also be entitled to receive from the Rate
2562	2562	20 Adjustment Fund provided in paragraph (f) of Section 7 of the
2563	2563	21 supplementary benefits provided in paragraph (g) of this
2564	2564	22 Section 8.
2565	2565	23 If any employee who receives an award under this paragraph
2566	2566	24 afterwards returns to work or is able to do so, and earns or is
2567	2567	25 able to earn as much as before the accident, payments under
2568	2568	26 such award shall cease. If such employee returns to work, or is
2569	2569
2570	2570
2571	2571
2572	2572
2573	2573
2574	2574	HB1254 - 70 - LRB104 03226 SPS 13248 b
2575	2575
2576	2576
2577	2577	HB1254- 71 -LRB104 03226 SPS 13248 b HB1254 - 71 - LRB104 03226 SPS 13248 b
2578	2578	HB1254 - 71 - LRB104 03226 SPS 13248 b
2579	2579	1 able to do so, and earns or is able to earn part but not as
2580	2580	2 much as before the accident, such award shall be modified so as
2581	2581	3 to conform to an award under paragraph (d) of this Section. If
2582	2582	4 such award is terminated or reduced under the provisions of
2583	2583	5 this paragraph, such employees have the right at any time
2584	2584	6 within 30 months after the date of such termination or
2585	2585	7 reduction to file petition with the Commission for the purpose
2586	2586	8 of determining whether any disability exists as a result of
2587	2587	9 the original accidental injury and the extent thereof.
2588	2588	10 Disability as enumerated in subdivision 18, paragraph (e)
2589	2589	11 of this Section is considered complete disability.
2590	2590	12 If an employee who had previously incurred loss or the
2591	2591	13 permanent and complete loss of use of one member, through the
2592	2592	14 loss or the permanent and complete loss of the use of one hand,
2593	2593	15 one arm, one foot, one leg, or one eye, incurs permanent and
2594	2594	16 complete disability through the loss or the permanent and
2595	2595	17 complete loss of the use of another member, he shall receive,
2596	2596	18 in addition to the compensation payable by the employer and
2597	2597	19 after such payments have ceased, an amount from the Second
2598	2598	20 Injury Fund provided for in paragraph (f) of Section 7, which,
2599	2599	21 together with the compensation payable from the employer in
2600	2600	22 whose employ he was when the last accidental injury was
2601	2601	23 incurred, will equal the amount payable for permanent and
2602	2602	24 complete disability as provided in this paragraph of this
2603	2603	25 Section.
2604	2604	26 The custodian of the Second Injury Fund provided for in
2605	2605
2606	2606
2607	2607
2608	2608
2609	2609
2610	2610	HB1254 - 71 - LRB104 03226 SPS 13248 b
2611	2611
2612	2612
2613	2613	HB1254- 72 -LRB104 03226 SPS 13248 b HB1254 - 72 - LRB104 03226 SPS 13248 b
2614	2614	HB1254 - 72 - LRB104 03226 SPS 13248 b
2615	2615	1 paragraph (f) of Section 7 shall be joined with the employer as
2616	2616	2 a party respondent in the application for adjustment of claim.
2617	2617	3 The application for adjustment of claim shall state briefly
2618	2618	4 and in general terms the approximate time and place and manner
2619	2619	5 of the loss of the first member.
2620	2620	6 In its award the Commission or the Arbitrator shall
2621	2621	7 specifically find the amount the injured employee shall be
2622	2622	8 weekly paid, the number of weeks compensation which shall be
2623	2623	9 paid by the employer, the date upon which payments begin out of
2624	2624	10 the Second Injury Fund provided for in paragraph (f) of
2625	2625	11 Section 7 of this Act, the length of time the weekly payments
2626	2626	12 continue, the date upon which the pension payments commence
2627	2627	13 and the monthly amount of the payments. The Commission shall
2628	2628	14 30 days after the date upon which payments out of the Second
2629	2629	15 Injury Fund have begun as provided in the award, and every
2630	2630	16 month thereafter, prepare and submit to the State Comptroller
2631	2631	17 a voucher for payment for all compensation accrued to that
2632	2632	18 date at the rate fixed by the Commission. The State
2633	2633	19 Comptroller shall draw a warrant to the injured employee along
2634	2634	20 with a receipt to be executed by the injured employee and
2635	2635	21 returned to the Commission. The endorsed warrant and receipt
2636	2636	22 is a full and complete acquittance to the Commission for the
2637	2637	23 payment out of the Second Injury Fund. No other appropriation
2638	2638	24 or warrant is necessary for payment out of the Second Injury
2639	2639	25 Fund. The Second Injury Fund is appropriated for the purpose
2640	2640	26 of making payments according to the terms of the awards.
2641	2641
2642	2642
2643	2643
2644	2644
2645	2645
2646	2646	HB1254 - 72 - LRB104 03226 SPS 13248 b
2647	2647
2648	2648
2649	2649	HB1254- 73 -LRB104 03226 SPS 13248 b HB1254 - 73 - LRB104 03226 SPS 13248 b
2650	2650	HB1254 - 73 - LRB104 03226 SPS 13248 b
2651	2651	1 As of July 1, 1980 to July 1, 1982, all claims against and
2652	2652	2 obligations of the Second Injury Fund shall become claims
2653	2653	3 against and obligations of the Rate Adjustment Fund to the
2654	2654	4 extent there is insufficient money in the Second Injury Fund
2655	2655	5 to pay such claims and obligations. In that case, all
2656	2656	6 references to "Second Injury Fund" in this Section shall also
2657	2657	7 include the Rate Adjustment Fund.
2658	2658	8 (g) Every award for permanent total disability entered by
2659	2659	9 the Commission on and after July 1, 1965 under which
2660	2660	10 compensation payments shall become due and payable after the
2661	2661	11 effective date of this amendatory Act, and every award for
2662	2662	12 death benefits or permanent total disability entered by the
2663	2663	13 Commission on and after the effective date of this amendatory
2664	2664	14 Act shall be subject to annual adjustments as to the amount of
2665	2665	15 the compensation rate therein provided. Such adjustments shall
2666	2666	16 first be made on July 15, 1977, and all awards made and entered
2667	2667	17 prior to July 1, 1975 and on July 15 of each year thereafter.
2668	2668	18 In all other cases such adjustment shall be made on July 15 of
2669	2669	19 the second year next following the date of the entry of the
2670	2670	20 award and shall further be made on July 15 annually
2671	2671	21 thereafter. If during the intervening period from the date of
2672	2672	22 the entry of the award, or the last periodic adjustment, there
2673	2673	23 shall have been an increase in the State's average weekly wage
2674	2674	24 in covered industries under the Unemployment Insurance Act,
2675	2675	25 the weekly compensation rate shall be proportionately
2676	2676	26 increased by the same percentage as the percentage of increase
2677	2677
2678	2678
2679	2679
2680	2680
2681	2681
2682	2682	HB1254 - 73 - LRB104 03226 SPS 13248 b
2683	2683
2684	2684
2685	2685	HB1254- 74 -LRB104 03226 SPS 13248 b HB1254 - 74 - LRB104 03226 SPS 13248 b
2686	2686	HB1254 - 74 - LRB104 03226 SPS 13248 b
2687	2687	1 in the State's average weekly wage in covered industries under
2688	2688	2 the Unemployment Insurance Act. The increase in the
2689	2689	3 compensation rate under this paragraph shall in no event bring
2690	2690	4 the total compensation rate to an amount greater than the
2691	2691	5 prevailing maximum rate at the time that the annual adjustment
2692	2692	6 is made. Such increase shall be paid in the same manner as
2693	2693	7 herein provided for payments under the Second Injury Fund to
2694	2694	8 the injured employee, or his dependents, as the case may be,
2695	2695	9 out of the Rate Adjustment Fund provided in paragraph (f) of
2696	2696	10 Section 7 of this Act. Payments shall be made at the same
2697	2697	11 intervals as provided in the award or, at the option of the
2698	2698	12 Commission, may be made in quarterly payment on the 15th day of
2699	2699	13 January, April, July and October of each year. In the event of
2700	2700	14 a decrease in such average weekly wage there shall be no change
2701	2701	15 in the then existing compensation rate. The within paragraph
2702	2702	16 shall not apply to cases where there is disputed liability and
2703	2703	17 in which a compromise lump sum settlement between the employer
2704	2704	18 and the injured employee, or his dependents, as the case may
2705	2705	19 be, has been duly approved by the Illinois Workers'
2706	2706	20 Compensation Commission.
2707	2707	21 Provided, that in cases of awards entered by the
2708	2708	22 Commission for injuries occurring before July 1, 1975, the
2709	2709	23 increases in the compensation rate adjusted under the
2710	2710	24 foregoing provision of this paragraph (g) shall be limited to
2711	2711	25 increases in the State's average weekly wage in covered
2712	2712	26 industries under the Unemployment Insurance Act occurring
2713	2713
2714	2714
2715	2715
2716	2716
2717	2717
2718	2718	HB1254 - 74 - LRB104 03226 SPS 13248 b
2719	2719
2720	2720
2721	2721	HB1254- 75 -LRB104 03226 SPS 13248 b HB1254 - 75 - LRB104 03226 SPS 13248 b
2722	2722	HB1254 - 75 - LRB104 03226 SPS 13248 b
2723	2723	1 after July 1, 1975.
2724	2724	2 For every accident occurring on or after July 20, 2005 but
2725	2725	3 before the effective date of this amendatory Act of the 94th
2726	2726	4 General Assembly (Senate Bill 1283 of the 94th General
2727	2727	5 Assembly), the annual adjustments to the compensation rate in
2728	2728	6 awards for death benefits or permanent total disability, as
2729	2729	7 provided in this Act, shall be paid by the employer. The
2730	2730	8 adjustment shall be made by the employer on July 15 of the
2731	2731	9 second year next following the date of the entry of the award
2732	2732	10 and shall further be made on July 15 annually thereafter. If
2733	2733	11 during the intervening period from the date of the entry of the
2734	2734	12 award, or the last periodic adjustment, there shall have been
2735	2735	13 an increase in the State's average weekly wage in covered
2736	2736	14 industries under the Unemployment Insurance Act, the employer
2737	2737	15 shall increase the weekly compensation rate proportionately by
2738	2738	16 the same percentage as the percentage of increase in the
2739	2739	17 State's average weekly wage in covered industries under the
2740	2740	18 Unemployment Insurance Act. The increase in the compensation
2741	2741	19 rate under this paragraph shall in no event bring the total
2742	2742	20 compensation rate to an amount greater than the prevailing
2743	2743	21 maximum rate at the time that the annual adjustment is made. In
2744	2744	22 the event of a decrease in such average weekly wage there shall
2745	2745	23 be no change in the then existing compensation rate. Such
2746	2746	24 increase shall be paid by the employer in the same manner and
2747	2747	25 at the same intervals as the payment of compensation in the
2748	2748	26 award. This paragraph shall not apply to cases where there is
2749	2749
2750	2750
2751	2751
2752	2752
2753	2753
2754	2754	HB1254 - 75 - LRB104 03226 SPS 13248 b
2755	2755
2756	2756
2757	2757	HB1254- 76 -LRB104 03226 SPS 13248 b HB1254 - 76 - LRB104 03226 SPS 13248 b
2758	2758	HB1254 - 76 - LRB104 03226 SPS 13248 b
2759	2759	1 disputed liability and in which a compromise lump sum
2760	2760	2 settlement between the employer and the injured employee, or
2761	2761	3 his or her dependents, as the case may be, has been duly
2762	2762	4 approved by the Illinois Workers' Compensation Commission.
2763	2763	5 The annual adjustments for every award of death benefits
2764	2764	6 or permanent total disability involving accidents occurring
2765	2765	7 before July 20, 2005 and accidents occurring on or after the
2766	2766	8 effective date of this amendatory Act of the 94th General
2767	2767	9 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
2768	2768	10 continue to be paid from the Rate Adjustment Fund pursuant to
2769	2769	11 this paragraph and Section 7(f) of this Act.
2770	2770	12 (h) In case death occurs from any cause before the total
2771	2771	13 compensation to which the employee would have been entitled
2772	2772	14 has been paid, then in case the employee leaves any widow,
2773	2773	15 widower, child, parent (or any grandchild, grandparent or
2774	2774	16 other lineal heir or any collateral heir dependent at the time
2775	2775	17 of the accident upon the earnings of the employee to the extent
2776	2776	18 of 50% or more of total dependency) such compensation shall be
2777	2777	19 paid to the beneficiaries of the deceased employee and
2778	2778	20 distributed as provided in paragraph (g) of Section 7.
2779	2779	21 (h-1) In case an injured employee is under legal
2780	2780	22 disability at the time when any right or privilege accrues to
2781	2781	23 him or her under this Act, a guardian may be appointed pursuant
2782	2782	24 to law, and may, on behalf of such person under legal
2783	2783	25 disability, claim and exercise any such right or privilege
2784	2784	26 with the same effect as if the employee himself or herself had
2785	2785
2786	2786
2787	2787
2788	2788
2789	2789
2790	2790	HB1254 - 76 - LRB104 03226 SPS 13248 b
2791	2791
2792	2792
2793	2793	HB1254- 77 -LRB104 03226 SPS 13248 b HB1254 - 77 - LRB104 03226 SPS 13248 b
2794	2794	HB1254 - 77 - LRB104 03226 SPS 13248 b
2795	2795	1 claimed or exercised the right or privilege. No limitations of
2796	2796	2 time provided by this Act run so long as the employee who is
2797	2797	3 under legal disability is without a conservator or guardian.
2798	2798	4 (i) In case the injured employee is under 16 years of age
2799	2799	5 at the time of the accident and is illegally employed, the
2800	2800	6 amount of compensation payable under paragraphs (b), (c), (d),
2801	2801	7 (e) and (f) of this Section is increased 50%.
2802	2802	8 However, where an employer has on file an employment
2803	2803	9 certificate issued pursuant to the Child Labor Law of 2024 or
2804	2804	10 work permit issued pursuant to the Federal Fair Labor
2805	2805	11 Standards Act, as amended, or a birth certificate properly and
2806	2806	12 duly issued, such certificate, permit or birth certificate is
2807	2807	13 conclusive evidence as to the age of the injured minor
2808	2808	14 employee for the purposes of this Section.
2809	2809	15 Nothing herein contained repeals or amends the provisions
2810	2810	16 of the Child Labor Law of 2024 relating to the employment of
2811	2811	17 minors under the age of 16 years.
2812	2812	18 (j) 1. In the event the injured employee receives
2813	2813	19 benefits, including medical, surgical or hospital benefits
2814	2814	20 under any group plan covering non-occupational disabilities
2815	2815	21 contributed to wholly or partially by the employer, which
2816	2816	22 benefits should not have been payable if any rights of
2817	2817	23 recovery existed under this Act, then such amounts so paid to
2818	2818	24 the employee from any such group plan as shall be consistent
2819	2819	25 with, and limited to, the provisions of paragraph 2 hereof,
2820	2820	26 shall be credited to or against any compensation payment for
2821	2821
2822	2822
2823	2823
2824	2824
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2831	2831	1 temporary total incapacity for work or any medical, surgical
2832	2832	2 or hospital benefits made or to be made under this Act. In such
2833	2833	3 event, the period of time for giving notice of accidental
2834	2834	4 injury and filing application for adjustment of claim does not
2835	2835	5 commence to run until the termination of such payments. This
2836	2836	6 paragraph does not apply to payments made under any group plan
2837	2837	7 which would have been payable irrespective of an accidental
2838	2838	8 injury under this Act. Any employer receiving such credit
2839	2839	9 shall keep such employee safe and harmless from any and all
2840	2840	10 claims or liabilities that may be made against him by reason of
2841	2841	11 having received such payments only to the extent of such
2842	2842	12 credit.
2843	2843	13 Any excess benefits paid to or on behalf of a State
2844	2844	14 employee by the State Employees' Retirement System under
2845	2845	15 Article 14 of the Illinois Pension Code on a death claim or
2846	2846	16 disputed disability claim shall be credited against any
2847	2847	17 payments made or to be made by the State of Illinois to or on
2848	2848	18 behalf of such employee under this Act, except for payments
2849	2849	19 for medical expenses which have already been incurred at the
2850	2850	20 time of the award. The State of Illinois shall directly
2851	2851	21 reimburse the State Employees' Retirement System to the extent
2852	2852	22 of such credit.
2853	2853	23 2. Nothing contained in this Act shall be construed to
2854	2854	24 give the employer or the insurance carrier the right to credit
2855	2855	25 for any benefits or payments received by the employee other
2856	2856	26 than compensation payments provided by this Act, and where the
2857	2857
2858	2858
2859	2859
2860	2860
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2867	2867	1 employee receives payments other than compensation payments,
2868	2868	2 whether as full or partial salary, group insurance benefits,
2869	2869	3 bonuses, annuities or any other payments, the employer or
2870	2870	4 insurance carrier shall receive credit for each such payment
2871	2871	5 only to the extent of the compensation that would have been
2872	2872	6 payable during the period covered by such payment.
2873	2873	7 3. The extension of time for the filing of an Application
2874	2874	8 for Adjustment of Claim as provided in paragraph 1 above shall
2875	2875	9 not apply to those cases where the time for such filing had
2876	2876	10 expired prior to the date on which payments or benefits
2877	2877	11 enumerated herein have been initiated or resumed. Provided
2878	2878	12 however that this paragraph 3 shall apply only to cases
2879	2879	13 wherein the payments or benefits hereinabove enumerated shall
2880	2880	14 be received after July 1, 1969.
2881	2881	15 (Source: P.A. 103-721, eff. 1-1-25.)
2882	2882	16 Section 95. No acceleration or delay. Where this Act makes
2883	2883	17 changes in a statute that is represented in this Act by text
2884	2884	18 that is not yet or no longer in effect (for example, a Section
2885	2885	19 represented by multiple versions), the use of that text does
2886	2886	20 not accelerate or delay the taking effect of (i) the changes
2887	2887	21 made by this Act or (ii) provisions derived from any other
2888	2888	22 Public Act.
2889	2889
2890	2890
2891	2891
2892	2892
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