Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1503 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 SB1503 Introduced 2/4/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8820 ILCS 305/16 from Ch. 48, par. 138.16820 ILCS 305/16a from Ch. 48, par. 138.16a820 ILCS 305/19 from Ch. 48, par. 138.19 Amends the Workers' Compensation Act. Provides that, if a petitioner's claim is contested and enters arbitration proceedings, the Arbitrator shall include in its award pre-award interest at the rate of 6% per annum to a prevailing petitioner from the date of the contested injury, provided that no interest shall accrue if, within 12 months after the date of the injury, the respondent concedes that the claim is compensable. Provides that the non-prevailing party is responsible for any costs incurred in deposing a medical practitioner. Provides that all attorney's fees for representation of an employee or the employee's dependents shall be the responsibility of the non-prevailing employer (rather than only recoverable from compensation actually paid to such employee or dependents). Provides that, within 60 days after receipt of service of notice of preliminary proceedings before an Arbitrator, an employer shall disclose documents sufficient to calculate a petitioner's average weekly wage LRB104 08239 SPS 18289 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1503 Introduced 2/4/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 820 ILCS 305/8 from Ch. 48, par. 138.8820 ILCS 305/16 from Ch. 48, par. 138.16820 ILCS 305/16a from Ch. 48, par. 138.16a820 ILCS 305/19 from Ch. 48, par. 138.19 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/16 from Ch. 48, par. 138.16 820 ILCS 305/16a from Ch. 48, par. 138.16a 820 ILCS 305/19 from Ch. 48, par. 138.19 Amends the Workers' Compensation Act. Provides that, if a petitioner's claim is contested and enters arbitration proceedings, the Arbitrator shall include in its award pre-award interest at the rate of 6% per annum to a prevailing petitioner from the date of the contested injury, provided that no interest shall accrue if, within 12 months after the date of the injury, the respondent concedes that the claim is compensable. Provides that the non-prevailing party is responsible for any costs incurred in deposing a medical practitioner. Provides that all attorney's fees for representation of an employee or the employee's dependents shall be the responsibility of the non-prevailing employer (rather than only recoverable from compensation actually paid to such employee or dependents). Provides that, within 60 days after receipt of service of notice of preliminary proceedings before an Arbitrator, an employer shall disclose documents sufficient to calculate a petitioner's average weekly wage LRB104 08239 SPS 18289 b LRB104 08239 SPS 18289 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1503 Introduced 2/4/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 305/8 from Ch. 48, par. 138.8820 ILCS 305/16 from Ch. 48, par. 138.16820 ILCS 305/16a from Ch. 48, par. 138.16a820 ILCS 305/19 from Ch. 48, par. 138.19 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/16 from Ch. 48, par. 138.16 820 ILCS 305/16a from Ch. 48, par. 138.16a 820 ILCS 305/19 from Ch. 48, par. 138.19
4	4	820 ILCS 305/8 from Ch. 48, par. 138.8
5	5	820 ILCS 305/16 from Ch. 48, par. 138.16
6	6	820 ILCS 305/16a from Ch. 48, par. 138.16a
7	7	820 ILCS 305/19 from Ch. 48, par. 138.19
8	8	Amends the Workers' Compensation Act. Provides that, if a petitioner's claim is contested and enters arbitration proceedings, the Arbitrator shall include in its award pre-award interest at the rate of 6% per annum to a prevailing petitioner from the date of the contested injury, provided that no interest shall accrue if, within 12 months after the date of the injury, the respondent concedes that the claim is compensable. Provides that the non-prevailing party is responsible for any costs incurred in deposing a medical practitioner. Provides that all attorney's fees for representation of an employee or the employee's dependents shall be the responsibility of the non-prevailing employer (rather than only recoverable from compensation actually paid to such employee or dependents). Provides that, within 60 days after receipt of service of notice of preliminary proceedings before an Arbitrator, an employer shall disclose documents sufficient to calculate a petitioner's average weekly wage
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14	14	1 AN ACT concerning employment.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Workers' Compensation Act is amended by
18	18	5 changing Sections 8, 16, 16a, and 19 as follows:
19	19	6 (820 ILCS 305/8) (from Ch. 48, par. 138.8)
20	20	7 Sec. 8. The amount of compensation which shall be paid to
21	21	8 the employee for an accidental injury not resulting in death
22	22	9 is:
23	23	10 (a) The employer shall provide and pay the negotiated
24	24	11 rate, if applicable, or the lesser of the health care
25	25	12 provider's actual charges or according to a fee schedule,
26	26	13 subject to Section 8.2, in effect at the time the service was
27	27	14 rendered for all the necessary first aid, medical and surgical
28	28	15 services, and all necessary medical, surgical and hospital
29	29	16 services thereafter incurred, limited, however, to that which
30	30	17 is reasonably required to cure or relieve from the effects of
31	31	18 the accidental injury, even if a health care provider sells,
32	32	19 transfers, or otherwise assigns an account receivable for
33	33	20 procedures, treatments, or services covered under this Act. If
34	34	21 the employer does not dispute payment of first aid, medical,
35	35	22 surgical, and hospital services, the employer shall make such
36	36	23 payment to the provider on behalf of the employee. The
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40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1503 Introduced 2/4/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
41	41	820 ILCS 305/8 from Ch. 48, par. 138.8820 ILCS 305/16 from Ch. 48, par. 138.16820 ILCS 305/16a from Ch. 48, par. 138.16a820 ILCS 305/19 from Ch. 48, par. 138.19 820 ILCS 305/8 from Ch. 48, par. 138.8 820 ILCS 305/16 from Ch. 48, par. 138.16 820 ILCS 305/16a from Ch. 48, par. 138.16a 820 ILCS 305/19 from Ch. 48, par. 138.19
42	42	820 ILCS 305/8 from Ch. 48, par. 138.8
43	43	820 ILCS 305/16 from Ch. 48, par. 138.16
44	44	820 ILCS 305/16a from Ch. 48, par. 138.16a
45	45	820 ILCS 305/19 from Ch. 48, par. 138.19
46	46	Amends the Workers' Compensation Act. Provides that, if a petitioner's claim is contested and enters arbitration proceedings, the Arbitrator shall include in its award pre-award interest at the rate of 6% per annum to a prevailing petitioner from the date of the contested injury, provided that no interest shall accrue if, within 12 months after the date of the injury, the respondent concedes that the claim is compensable. Provides that the non-prevailing party is responsible for any costs incurred in deposing a medical practitioner. Provides that all attorney's fees for representation of an employee or the employee's dependents shall be the responsibility of the non-prevailing employer (rather than only recoverable from compensation actually paid to such employee or dependents). Provides that, within 60 days after receipt of service of notice of preliminary proceedings before an Arbitrator, an employer shall disclose documents sufficient to calculate a petitioner's average weekly wage
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48	48	LRB104 08239 SPS 18289 b
49	49	A BILL FOR
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55	55	820 ILCS 305/8 from Ch. 48, par. 138.8
56	56	820 ILCS 305/16 from Ch. 48, par. 138.16
57	57	820 ILCS 305/16a from Ch. 48, par. 138.16a
58	58	820 ILCS 305/19 from Ch. 48, par. 138.19
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77	77	1 employer shall also pay for treatment, instruction and
78	78	2 training necessary for the physical, mental and vocational
79	79	3 rehabilitation of the employee, including all maintenance
80	80	4 costs and expenses incidental thereto. If as a result of the
81	81	5 injury the employee is unable to be self-sufficient the
82	82	6 employer shall further pay for such maintenance or
83	83	7 institutional care as shall be required. If a petitioner's
84	84	8 claim is contested and enters arbitration proceedings pursuant
85	85	9 to Section 19, the Arbitrator shall include in its award,
86	86	10 pre-award interest at the rate of 6% per annum to a prevailing
87	87	11 petitioner, from the date of the contested injury, provided
88	88	12 that no interest shall accrue if, within 12 months after the
89	89	13 date of the injury, the respondent concedes that the claim is
90	90	14 compensable.
91	91	15 The employee may at any time elect to secure his own
92	92	16 physician, surgeon and hospital services at the employer's
93	93	17 expense, or,
94	94	18 Upon agreement between the employer and the employees, or
95	95	19 the employees' exclusive representative, and subject to the
96	96	20 approval of the Illinois Workers' Compensation Commission, the
97	97	21 employer shall maintain a list of physicians, to be known as a
98	98	22 Panel of Physicians, who are accessible to the employees. The
99	99	23 employer shall post this list in a place or places easily
100	100	24 accessible to his employees. The employee shall have the right
101	101	25 to make an alternative choice of physician from such Panel if
102	102	26 he is not satisfied with the physician first selected. If, due
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113	113	1 to the nature of the injury or its occurrence away from the
114	114	2 employer's place of business, the employee is unable to make a
115	115	3 selection from the Panel, the selection process from the Panel
116	116	4 shall not apply. The physician selected from the Panel may
117	117	5 arrange for any consultation, referral or other specialized
118	118	6 medical services outside the Panel at the employer's expense.
119	119	7 Provided that, in the event the Commission shall find that a
120	120	8 doctor selected by the employee is rendering improper or
121	121	9 inadequate care, the Commission may order the employee to
122	122	10 select another doctor certified or qualified in the medical
123	123	11 field for which treatment is required. If the employee refuses
124	124	12 to make such change the Commission may relieve the employer of
125	125	13 his obligation to pay the doctor's charges from the date of
126	126	14 refusal to the date of compliance.
127	127	15 Any vocational rehabilitation counselors who provide
128	128	16 service under this Act shall have appropriate certifications
129	129	17 which designate the counselor as qualified to render opinions
130	130	18 relating to vocational rehabilitation. Vocational
131	131	19 rehabilitation may include, but is not limited to, counseling
132	132	20 for job searches, supervising a job search program, and
133	133	21 vocational retraining including education at an accredited
134	134	22 learning institution. The employee or employer may petition to
135	135	23 the Commission to decide disputes relating to vocational
136	136	24 rehabilitation and the Commission shall resolve any such
137	137	25 dispute, including payment of the vocational rehabilitation
138	138	26 program by the employer.
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149	149	1 The maintenance benefit shall not be less than the
150	150	2 temporary total disability rate determined for the employee.
151	151	3 In addition, maintenance shall include costs and expenses
152	152	4 incidental to the vocational rehabilitation program.
153	153	5 When the employee is working light duty on a part-time
154	154	6 basis or full-time basis and earns less than he or she would be
155	155	7 earning if employed in the full capacity of the job or jobs,
156	156	8 then the employee shall be entitled to temporary partial
157	157	9 disability benefits. Temporary partial disability benefits
158	158	10 shall be equal to two-thirds of the difference between the
159	159	11 average amount that the employee would be able to earn in the
160	160	12 full performance of his or her duties in the occupation in
161	161	13 which he or she was engaged at the time of accident and the
162	162	14 gross amount which he or she is earning in the modified job
163	163	15 provided to the employee by the employer or in any other job
164	164	16 that the employee is working.
165	165	17 Every hospital, physician, surgeon or other person
166	166	18 rendering treatment or services in accordance with the
167	167	19 provisions of this Section shall upon written request furnish
168	168	20 full and complete reports thereof to, and permit their records
169	169	21 to be copied by, the employer, the employee or his dependents,
170	170	22 as the case may be, or any other party to any proceeding for
171	171	23 compensation before the Commission, or their attorneys.
172	172	24 Notwithstanding the foregoing, the employer's liability to
173	173	25 pay for such medical services selected by the employee shall
174	174	26 be limited to:
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185	185	1 (1) all first aid and emergency treatment; plus
186	186	2 (2) all medical, surgical and hospital services
187	187	3 provided by the physician, surgeon or hospital initially
188	188	4 chosen by the employee or by any other physician,
189	189	5 consultant, expert, institution or other provider of
190	190	6 services recommended by said initial service provider or
191	191	7 any subsequent provider of medical services in the chain
192	192	8 of referrals from said initial service provider; plus
193	193	9 (3) all medical, surgical and hospital services
194	194	10 provided by any second physician, surgeon or hospital
195	195	11 subsequently chosen by the employee or by any other
196	196	12 physician, consultant, expert, institution or other
197	197	13 provider of services recommended by said second service
198	198	14 provider or any subsequent provider of medical services in
199	199	15 the chain of referrals from said second service provider.
200	200	16 Thereafter the employer shall select and pay for all
201	201	17 necessary medical, surgical and hospital treatment and the
202	202	18 employee may not select a provider of medical services at
203	203	19 the employer's expense unless the employer agrees to such
204	204	20 selection. At any time the employee may obtain any medical
205	205	21 treatment he desires at his own expense. This paragraph
206	206	22 shall not affect the duty to pay for rehabilitation
207	207	23 referred to above.
208	208	24 (4) The following shall apply for injuries occurring
209	209	25 on or after June 28, 2011 (the effective date of Public Act
210	210	26 97-18) and only when an employer has an approved preferred
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221	221	1 provider program pursuant to Section 8.1a on the date the
222	222	2 employee sustained his or her accidental injuries:
223	223	3 (A) The employer shall, in writing, on a form
224	224	4 promulgated by the Commission, inform the employee of
225	225	5 the preferred provider program;
226	226	6 (B) Subsequent to the report of an injury by an
227	227	7 employee, the employee may choose in writing at any
228	228	8 time to decline the preferred provider program, in
229	229	9 which case that would constitute one of the two
230	230	10 choices of medical providers to which the employee is
231	231	11 entitled under subsection (a)(2) or (a)(3); and
232	232	12 (C) Prior to the report of an injury by an
233	233	13 employee, when an employee chooses non-emergency
234	234	14 treatment from a provider not within the preferred
235	235	15 provider program, that would constitute the employee's
236	236	16 one choice of medical providers to which the employee
237	237	17 is entitled under subsection (a)(2) or (a)(3).
238	238	18 When an employer and employee so agree in writing, nothing
239	239	19 in this Act prevents an employee whose injury or disability
240	240	20 has been established under this Act, from relying in good
241	241	21 faith, on treatment by prayer or spiritual means alone, in
242	242	22 accordance with the tenets and practice of a recognized church
243	243	23 or religious denomination, by a duly accredited practitioner
244	244	24 thereof, and having nursing services appropriate therewith,
245	245	25 without suffering loss or diminution of the compensation
246	246	26 benefits under this Act. However, the employee shall submit to
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257	257	1 all physical examinations required by this Act. The cost of
258	258	2 such treatment and nursing care shall be paid by the employee
259	259	3 unless the employer agrees to make such payment.
260	260	4 Where the accidental injury results in the amputation of
261	261	5 an arm, hand, leg or foot, or the enucleation of an eye, or the
262	262	6 loss of any of the natural teeth, the employer shall furnish an
263	263	7 artificial of any such members lost or damaged in accidental
264	264	8 injury arising out of and in the course of employment, and
265	265	9 shall also furnish the necessary braces in all proper and
266	266	10 necessary cases. In cases of the loss of a member or members by
267	267	11 amputation, the employer shall, whenever necessary, maintain
268	268	12 in good repair, refit or replace the artificial limbs during
269	269	13 the lifetime of the employee. Where the accidental injury
270	270	14 accompanied by physical injury results in damage to a denture,
271	271	15 eye glasses or contact eye lenses, or where the accidental
272	272	16 injury results in damage to an artificial member, the employer
273	273	17 shall replace or repair such denture, glasses, lenses, or
274	274	18 artificial member.
275	275	19 The furnishing by the employer of any such services or
276	276	20 appliances is not an admission of liability on the part of the
277	277	21 employer to pay compensation.
278	278	22 The furnishing of any such services or appliances or the
279	279	23 servicing thereof by the employer is not the payment of
280	280	24 compensation.
281	281	25 (b) If the period of temporary total incapacity for work
282	282	26 lasts more than 3 working days, weekly compensation as
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293	293	1 hereinafter provided shall be paid beginning on the 4th day of
294	294	2 such temporary total incapacity and continuing as long as the
295	295	3 total temporary incapacity lasts. In cases where the temporary
296	296	4 total incapacity for work continues for a period of 14 days or
297	297	5 more from the day of the accident compensation shall commence
298	298	6 on the day after the accident.
299	299	7 1. The compensation rate for temporary total
300	300	8 incapacity under this paragraph (b) of this Section shall
301	301	9 be equal to 66 2/3% of the employee's average weekly wage
302	302	10 computed in accordance with Section 10, provided that it
303	303	11 shall be not less than 66 2/3% of the sum of the Federal
304	304	12 minimum wage under the Fair Labor Standards Act, or the
305	305	13 Illinois minimum wage under the Minimum Wage Law,
306	306	14 whichever is more, multiplied by 40 hours. This percentage
307	307	15 rate shall be increased by 10% for each spouse and child,
308	308	16 not to exceed 100% of the total minimum wage calculation,
309	309	17 nor exceed the employee's average weekly wage computed in
310	310	18 accordance with the provisions of Section 10, whichever is
311	311	19 less.
312	312	20 2. The compensation rate in all cases other than for
313	313	21 temporary total disability under this paragraph (b), and
314	314	22 other than for serious and permanent disfigurement under
315	315	23 paragraph (c) and other than for permanent partial
316	316	24 disability under subparagraph (2) of paragraph (d) or
317	317	25 under paragraph (e), of this Section shall be equal to 66
318	318	26 2/3% of the employee's average weekly wage computed in
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329	329	1 accordance with the provisions of Section 10, provided
330	330	2 that it shall be not less than 66 2/3% of the sum of the
331	331	3 Federal minimum wage under the Fair Labor Standards Act,
332	332	4 or the Illinois minimum wage under the Minimum Wage Law,
333	333	5 whichever is more, multiplied by 40 hours. This percentage
334	334	6 rate shall be increased by 10% for each spouse and child,
335	335	7 not to exceed 100% of the total minimum wage calculation,
336	336	8 nor exceed the employee's average weekly wage computed in
337	337	9 accordance with the provisions of Section 10, whichever is
338	338	10 less.
339	339	11 2.1. The compensation rate in all cases of serious and
340	340	12 permanent disfigurement under paragraph (c) and of
341	341	13 permanent partial disability under subparagraph (2) of
342	342	14 paragraph (d) or under paragraph (e) of this Section shall
343	343	15 be equal to 60% of the employee's average weekly wage
344	344	16 computed in accordance with the provisions of Section 10,
345	345	17 provided that it shall be not less than 66 2/3% of the sum
346	346	18 of the Federal minimum wage under the Fair Labor Standards
347	347	19 Act, or the Illinois minimum wage under the Minimum Wage
348	348	20 Law, whichever is more, multiplied by 40 hours. This
349	349	21 percentage rate shall be increased by 10% for each spouse
350	350	22 and child, not to exceed 100% of the total minimum wage
351	351	23 calculation, nor exceed the employee's average weekly wage
352	352	24 computed in accordance with the provisions of Section 10,
353	353	25 whichever is less.
354	354	26 3. As used in this Section the term "child" means a
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365	365	1 child of the employee including any child legally adopted
366	366	2 before the accident or whom at the time of the accident the
367	367	3 employee was under legal obligation to support or to whom
368	368	4 the employee stood in loco parentis, and who at the time of
369	369	5 the accident was under 18 years of age and not
370	370	6 emancipated. The term "children" means the plural of
371	371	7 "child".
372	372	8 4. All weekly compensation rates provided under
373	373	9 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
374	374	10 Section shall be subject to the following limitations:
375	375	11 The maximum weekly compensation rate from July 1,
376	376	12 1975, except as hereinafter provided, shall be 100% of the
377	377	13 State's average weekly wage in covered industries under
378	378	14 the Unemployment Insurance Act, that being the wage that
379	379	15 most closely approximates the State's average weekly wage.
380	380	16 The maximum weekly compensation rate, for the period
381	381	17 July 1, 1984, through June 30, 1987, except as hereinafter
382	382	18 provided, shall be $293.61. Effective July 1, 1987 and on
383	383	19 July 1 of each year thereafter the maximum weekly
384	384	20 compensation rate, except as hereinafter provided, shall
385	385	21 be determined as follows: if during the preceding 12 month
386	386	22 period there shall have been an increase in the State's
387	387	23 average weekly wage in covered industries under the
388	388	24 Unemployment Insurance Act, the weekly compensation rate
389	389	25 shall be proportionately increased by the same percentage
390	390	26 as the percentage of increase in the State's average
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401	401	1 weekly wage in covered industries under the Unemployment
402	402	2 Insurance Act during such period.
403	403	3 The maximum weekly compensation rate, for the period
404	404	4 January 1, 1981 through December 31, 1983, except as
405	405	5 hereinafter provided, shall be 100% of the State's average
406	406	6 weekly wage in covered industries under the Unemployment
407	407	7 Insurance Act in effect on January 1, 1981. Effective
408	408	8 January 1, 1984 and on January 1, of each year thereafter
409	409	9 the maximum weekly compensation rate, except as
410	410	10 hereinafter provided, shall be determined as follows: if
411	411	11 during the preceding 12 month period there shall have been
412	412	12 an increase in the State's average weekly wage in covered
413	413	13 industries under the Unemployment Insurance Act, the
414	414	14 weekly compensation rate shall be proportionately
415	415	15 increased by the same percentage as the percentage of
416	416	16 increase in the State's average weekly wage in covered
417	417	17 industries under the Unemployment Insurance Act during
418	418	18 such period.
419	419	19 From July 1, 1977 and thereafter such maximum weekly
420	420	20 compensation rate in death cases under Section 7, and
421	421	21 permanent total disability cases under paragraph (f) or
422	422	22 subparagraph 18 of paragraph (3) of this Section and for
423	423	23 temporary total disability under paragraph (b) of this
424	424	24 Section and for amputation of a member or enucleation of
425	425	25 an eye under paragraph (e) of this Section shall be
426	426	26 increased to 133-1/3% of the State's average weekly wage
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430	430
431	431
432	432	SB1503 - 11 - LRB104 08239 SPS 18289 b
433	433
434	434
435	435	SB1503- 12 -LRB104 08239 SPS 18289 b SB1503 - 12 - LRB104 08239 SPS 18289 b
436	436	SB1503 - 12 - LRB104 08239 SPS 18289 b
437	437	1 in covered industries under the Unemployment Insurance
438	438	2 Act.
439	439	3 For injuries occurring on or after February 1, 2006,
440	440	4 the maximum weekly benefit under paragraph (d)1 of this
441	441	5 Section shall be 100% of the State's average weekly wage
442	442	6 in covered industries under the Unemployment Insurance
443	443	7 Act.
444	444	8 4.1. Any provision herein to the contrary
445	445	9 notwithstanding, the weekly compensation rate for
446	446	10 compensation payments under subparagraph 18 of paragraph
447	447	11 (e) of this Section and under paragraph (f) of this
448	448	12 Section and under paragraph (a) of Section 7 and for
449	449	13 amputation of a member or enucleation of an eye under
450	450	14 paragraph (e) of this Section, shall in no event be less
451	451	15 than 50% of the State's average weekly wage in covered
452	452	16 industries under the Unemployment Insurance Act.
453	453	17 4.2. Any provision to the contrary notwithstanding,
454	454	18 the total compensation payable under Section 7 shall not
455	455	19 exceed the greater of $500,000 or 25 years.
456	456	20 5. For the purpose of this Section this State's
457	457	21 average weekly wage in covered industries under the
458	458	22 Unemployment Insurance Act on July 1, 1975 is hereby fixed
459	459	23 at $228.16 per week and the computation of compensation
460	460	24 rates shall be based on the aforesaid average weekly wage
461	461	25 until modified as hereinafter provided.
462	462	26 6. The Department of Employment Security of the State
463	463
464	464
465	465
466	466
467	467
468	468	SB1503 - 12 - LRB104 08239 SPS 18289 b
469	469
470	470
471	471	SB1503- 13 -LRB104 08239 SPS 18289 b SB1503 - 13 - LRB104 08239 SPS 18289 b
472	472	SB1503 - 13 - LRB104 08239 SPS 18289 b
473	473	1 shall on or before the first day of December, 1977, and on
474	474	2 or before the first day of June, 1978, and on the first day
475	475	3 of each December and June of each year thereafter, publish
476	476	4 the State's average weekly wage in covered industries
477	477	5 under the Unemployment Insurance Act and the Illinois
478	478	6 Workers' Compensation Commission shall on the 15th day of
479	479	7 January, 1978 and on the 15th day of July, 1978 and on the
480	480	8 15th day of each January and July of each year thereafter,
481	481	9 post and publish the State's average weekly wage in
482	482	10 covered industries under the Unemployment Insurance Act as
483	483	11 last determined and published by the Department of
484	484	12 Employment Security. The amount when so posted and
485	485	13 published shall be conclusive and shall be applicable as
486	486	14 the basis of computation of compensation rates until the
487	487	15 next posting and publication as aforesaid.
488	488	16 7. The payment of compensation by an employer or his
489	489	17 insurance carrier to an injured employee shall not
490	490	18 constitute an admission of the employer's liability to pay
491	491	19 compensation.
492	492	20 (c) For any serious and permanent disfigurement to the
493	493	21 hand, head, face, neck, arm, leg below the knee or the chest
494	494	22 above the axillary line, the employee is entitled to
495	495	23 compensation for such disfigurement, the amount determined by
496	496	24 agreement at any time or by arbitration under this Act, at a
497	497	25 hearing not less than 6 months after the date of the accidental
498	498	26 injury, which amount shall not exceed 150 weeks (if the
499	499
500	500
501	501
502	502
503	503
504	504	SB1503 - 13 - LRB104 08239 SPS 18289 b
505	505
506	506
507	507	SB1503- 14 -LRB104 08239 SPS 18289 b SB1503 - 14 - LRB104 08239 SPS 18289 b
508	508	SB1503 - 14 - LRB104 08239 SPS 18289 b
509	509	1 accidental injury occurs on or after the effective date of
510	510	2 this amendatory Act of the 94th General Assembly but before
511	511	3 February 1, 2006) or 162 weeks (if the accidental injury
512	512	4 occurs on or after February 1, 2006) at the applicable rate
513	513	5 provided in subparagraph 2.1 of paragraph (b) of this Section.
514	514	6 No compensation is payable under this paragraph where
515	515	7 compensation is payable under paragraphs (d), (e) or (f) of
516	516	8 this Section.
517	517	9 A duly appointed member of a fire department in a city, the
518	518	10 population of which exceeds 500,000 according to the last
519	519	11 federal or State census, is eligible for compensation under
520	520	12 this paragraph only where such serious and permanent
521	521	13 disfigurement results from burns.
522	522	14 (d) 1. If, after the accidental injury has been sustained,
523	523	15 the employee as a result thereof becomes partially
524	524	16 incapacitated from pursuing his usual and customary line of
525	525	17 employment, he shall, except in cases compensated under the
526	526	18 specific schedule set forth in paragraph (e) of this Section,
527	527	19 receive compensation for the duration of his disability,
528	528	20 subject to the limitations as to maximum amounts fixed in
529	529	21 paragraph (b) of this Section, equal to 66-2/3% of the
530	530	22 difference between the average amount which he would be able
531	531	23 to earn in the full performance of his duties in the occupation
532	532	24 in which he was engaged at the time of the accident and the
533	533	25 average amount which he is earning or is able to earn in some
534	534	26 suitable employment or business after the accident. For
535	535
536	536
537	537
538	538
539	539
540	540	SB1503 - 14 - LRB104 08239 SPS 18289 b
541	541
542	542
543	543	SB1503- 15 -LRB104 08239 SPS 18289 b SB1503 - 15 - LRB104 08239 SPS 18289 b
544	544	SB1503 - 15 - LRB104 08239 SPS 18289 b
545	545	1 accidental injuries that occur on or after September 1, 2011,
546	546	2 an award for wage differential under this subsection shall be
547	547	3 effective only until the employee reaches the age of 67 or 5
548	548	4 years from the date the award becomes final, whichever is
549	549	5 later.
550	550	6 2. If, as a result of the accident, the employee sustains
551	551	7 serious and permanent injuries not covered by paragraphs (c)
552	552	8 and (e) of this Section or having sustained injuries covered
553	553	9 by the aforesaid paragraphs (c) and (e), he shall have
554	554	10 sustained in addition thereto other injuries which injuries do
555	555	11 not incapacitate him from pursuing the duties of his
556	556	12 employment but which would disable him from pursuing other
557	557	13 suitable occupations, or which have otherwise resulted in
558	558	14 physical impairment; or if such injuries partially
559	559	15 incapacitate him from pursuing the duties of his usual and
560	560	16 customary line of employment but do not result in an
561	561	17 impairment of earning capacity, or having resulted in an
562	562	18 impairment of earning capacity, the employee elects to waive
563	563	19 his right to recover under the foregoing subparagraph 1 of
564	564	20 paragraph (d) of this Section then in any of the foregoing
565	565	21 events, he shall receive in addition to compensation for
566	566	22 temporary total disability under paragraph (b) of this
567	567	23 Section, compensation at the rate provided in subparagraph 2.1
568	568	24 of paragraph (b) of this Section for that percentage of 500
569	569	25 weeks that the partial disability resulting from the injuries
570	570	26 covered by this paragraph bears to total disability. If the
571	571
572	572
573	573
574	574
575	575
576	576	SB1503 - 15 - LRB104 08239 SPS 18289 b
577	577
578	578
579	579	SB1503- 16 -LRB104 08239 SPS 18289 b SB1503 - 16 - LRB104 08239 SPS 18289 b
580	580	SB1503 - 16 - LRB104 08239 SPS 18289 b
581	581	1 employee shall have sustained a fracture of one or more
582	582	2 vertebra or fracture of the skull, the amount of compensation
583	583	3 allowed under this Section shall be not less than 6 weeks for a
584	584	4 fractured skull and 6 weeks for each fractured vertebra, and
585	585	5 in the event the employee shall have sustained a fracture of
586	586	6 any of the following facial bones: nasal, lachrymal, vomer,
587	587	7 zygoma, maxilla, palatine or mandible, the amount of
588	588	8 compensation allowed under this Section shall be not less than
589	589	9 2 weeks for each such fractured bone, and for a fracture of
590	590	10 each transverse process not less than 3 weeks. In the event
591	591	11 such injuries shall result in the loss of a kidney, spleen or
592	592	12 lung, the amount of compensation allowed under this Section
593	593	13 shall be not less than 10 weeks for each such organ.
594	594	14 Compensation awarded under this subparagraph 2 shall not take
595	595	15 into consideration injuries covered under paragraphs (c) and
596	596	16 (e) of this Section and the compensation provided in this
597	597	17 paragraph shall not affect the employee's right to
598	598	18 compensation payable under paragraphs (b), (c) and (e) of this
599	599	19 Section for the disabilities therein covered.
600	600	20 (e) For accidental injuries in the following schedule, the
601	601	21 employee shall receive compensation for the period of
602	602	22 temporary total incapacity for work resulting from such
603	603	23 accidental injury, under subparagraph 1 of paragraph (b) of
604	604	24 this Section, and shall receive in addition thereto
605	605	25 compensation for a further period for the specific loss herein
606	606	26 mentioned, but shall not receive any compensation under any
607	607
608	608
609	609
610	610
611	611
612	612	SB1503 - 16 - LRB104 08239 SPS 18289 b
613	613
614	614
615	615	SB1503- 17 -LRB104 08239 SPS 18289 b SB1503 - 17 - LRB104 08239 SPS 18289 b
616	616	SB1503 - 17 - LRB104 08239 SPS 18289 b
617	617	1 other provisions of this Act. The following listed amounts
618	618	2 apply to either the loss of or the permanent and complete loss
619	619	3 of use of the member specified, such compensation for the
620	620	4 length of time as follows:
621	621	5 1. Thumb-
622	622	6 70 weeks if the accidental injury occurs on or
623	623	7 after the effective date of this amendatory Act of the
624	624	8 94th General Assembly but before February 1, 2006.
625	625	9 76 weeks if the accidental injury occurs on or
626	626	10 after February 1, 2006.
627	627	11 2. First, or index finger-
628	628	12 40 weeks if the accidental injury occurs on or
629	629	13 after the effective date of this amendatory Act of the
630	630	14 94th General Assembly but before February 1, 2006.
631	631	15 43 weeks if the accidental injury occurs on or
632	632	16 after February 1, 2006.
633	633	17 3. Second, or middle finger-
634	634	18 35 weeks if the accidental injury occurs on or
635	635	19 after the effective date of this amendatory Act of the
636	636	20 94th General Assembly but before February 1, 2006.
637	637	21 38 weeks if the accidental injury occurs on or
638	638	22 after February 1, 2006.
639	639	23 4. Third, or ring finger-
640	640	24 25 weeks if the accidental injury occurs on or
641	641	25 after the effective date of this amendatory Act of the
642	642	26 94th General Assembly but before February 1, 2006.
643	643
644	644
645	645
646	646
647	647
648	648	SB1503 - 17 - LRB104 08239 SPS 18289 b
649	649
650	650
651	651	SB1503- 18 -LRB104 08239 SPS 18289 b SB1503 - 18 - LRB104 08239 SPS 18289 b
652	652	SB1503 - 18 - LRB104 08239 SPS 18289 b
653	653	1 27 weeks if the accidental injury occurs on or
654	654	2 after February 1, 2006.
655	655	3 5. Fourth, or little finger-
656	656	4 20 weeks if the accidental injury occurs on or
657	657	5 after the effective date of this amendatory Act of the
658	658	6 94th General Assembly but before February 1, 2006.
659	659	7 22 weeks if the accidental injury occurs on or
660	660	8 after February 1, 2006.
661	661	9 6. Great toe-
662	662	10 35 weeks if the accidental injury occurs on or
663	663	11 after the effective date of this amendatory Act of the
664	664	12 94th General Assembly but before February 1, 2006.
665	665	13 38 weeks if the accidental injury occurs on or
666	666	14 after February 1, 2006.
667	667	15 7. Each toe other than great toe-
668	668	16 12 weeks if the accidental injury occurs on or
669	669	17 after the effective date of this amendatory Act of the
670	670	18 94th General Assembly but before February 1, 2006.
671	671	19 13 weeks if the accidental injury occurs on or
672	672	20 after February 1, 2006.
673	673	21 8. The loss of the first or distal phalanx of the thumb
674	674	22 or of any finger or toe shall be considered to be equal to
675	675	23 the loss of one-half of such thumb, finger or toe and the
676	676	24 compensation payable shall be one-half of the amount above
677	677	25 specified. The loss of more than one phalanx shall be
678	678	26 considered as the loss of the entire thumb, finger or toe.
679	679
680	680
681	681
682	682
683	683
684	684	SB1503 - 18 - LRB104 08239 SPS 18289 b
685	685
686	686
687	687	SB1503- 19 -LRB104 08239 SPS 18289 b SB1503 - 19 - LRB104 08239 SPS 18289 b
688	688	SB1503 - 19 - LRB104 08239 SPS 18289 b
689	689	1 In no case shall the amount received for more than one
690	690	2 finger exceed the amount provided in this schedule for the
691	691	3 loss of a hand.
692	692	4 9. Hand-
693	693	5 190 weeks if the accidental injury occurs on or
694	694	6 after the effective date of this amendatory Act of the
695	695	7 94th General Assembly but before February 1, 2006.
696	696	8 205 weeks if the accidental injury occurs on or
697	697	9 after February 1, 2006.
698	698	10 190 weeks if the accidental injury occurs on or
699	699	11 after June 28, 2011 (the effective date of Public Act
700	700	12 97-18) and if the accidental injury involves carpal
701	701	13 tunnel syndrome due to repetitive or cumulative
702	702	14 trauma, in which case the permanent partial disability
703	703	15 shall not exceed 15% loss of use of the hand, except
704	704	16 for cause shown by clear and convincing evidence and
705	705	17 in which case the award shall not exceed 30% loss of
706	706	18 use of the hand.
707	707	19 The loss of 2 or more digits, or one or more phalanges
708	708	20 of 2 or more digits, of a hand may be compensated on the
709	709	21 basis of partial loss of use of a hand, provided, further,
710	710	22 that the loss of 4 digits, or the loss of use of 4 digits,
711	711	23 in the same hand shall constitute the complete loss of a
712	712	24 hand.
713	713	25 10. Arm-
714	714	26 235 weeks if the accidental injury occurs on or
715	715
716	716
717	717
718	718
719	719
720	720	SB1503 - 19 - LRB104 08239 SPS 18289 b
721	721
722	722
723	723	SB1503- 20 -LRB104 08239 SPS 18289 b SB1503 - 20 - LRB104 08239 SPS 18289 b
724	724	SB1503 - 20 - LRB104 08239 SPS 18289 b
725	725	1 after the effective date of this amendatory Act of the
726	726	2 94th General Assembly but before February 1, 2006.
727	727	3 253 weeks if the accidental injury occurs on or
728	728	4 after February 1, 2006.
729	729	5 Where an accidental injury results in the amputation
730	730	6 of an arm below the elbow, such injury shall be
731	731	7 compensated as a loss of an arm. Where an accidental
732	732	8 injury results in the amputation of an arm above the
733	733	9 elbow, compensation for an additional 15 weeks (if the
734	734	10 accidental injury occurs on or after the effective date of
735	735	11 this amendatory Act of the 94th General Assembly but
736	736	12 before February 1, 2006) or an additional 17 weeks (if the
737	737	13 accidental injury occurs on or after February 1, 2006)
738	738	14 shall be paid, except where the accidental injury results
739	739	15 in the amputation of an arm at the shoulder joint, or so
740	740	16 close to shoulder joint that an artificial arm cannot be
741	741	17 used, or results in the disarticulation of an arm at the
742	742	18 shoulder joint, in which case compensation for an
743	743	19 additional 65 weeks (if the accidental injury occurs on or
744	744	20 after the effective date of this amendatory Act of the
745	745	21 94th General Assembly but before February 1, 2006) or an
746	746	22 additional 70 weeks (if the accidental injury occurs on or
747	747	23 after February 1, 2006) shall be paid.
748	748	24 11. Foot-
749	749	25 155 weeks if the accidental injury occurs on or
750	750	26 after the effective date of this amendatory Act of the
751	751
752	752
753	753
754	754
755	755
756	756	SB1503 - 20 - LRB104 08239 SPS 18289 b
757	757
758	758
759	759	SB1503- 21 -LRB104 08239 SPS 18289 b SB1503 - 21 - LRB104 08239 SPS 18289 b
760	760	SB1503 - 21 - LRB104 08239 SPS 18289 b
761	761	1 94th General Assembly but before February 1, 2006.
762	762	2 167 weeks if the accidental injury occurs on or
763	763	3 after February 1, 2006.
764	764	4 12. Leg-
765	765	5 200 weeks if the accidental injury occurs on or
766	766	6 after the effective date of this amendatory Act of the
767	767	7 94th General Assembly but before February 1, 2006.
768	768	8 215 weeks if the accidental injury occurs on or
769	769	9 after February 1, 2006.
770	770	10 Where an accidental injury results in the amputation
771	771	11 of a leg below the knee, such injury shall be compensated
772	772	12 as loss of a leg. Where an accidental injury results in the
773	773	13 amputation of a leg above the knee, compensation for an
774	774	14 additional 25 weeks (if the accidental injury occurs on or
775	775	15 after the effective date of this amendatory Act of the
776	776	16 94th General Assembly but before February 1, 2006) or an
777	777	17 additional 27 weeks (if the accidental injury occurs on or
778	778	18 after February 1, 2006) shall be paid, except where the
779	779	19 accidental injury results in the amputation of a leg at
780	780	20 the hip joint, or so close to the hip joint that an
781	781	21 artificial leg cannot be used, or results in the
782	782	22 disarticulation of a leg at the hip joint, in which case
783	783	23 compensation for an additional 75 weeks (if the accidental
784	784	24 injury occurs on or after the effective date of this
785	785	25 amendatory Act of the 94th General Assembly but before
786	786	26 February 1, 2006) or an additional 81 weeks (if the
787	787
788	788
789	789
790	790
791	791
792	792	SB1503 - 21 - LRB104 08239 SPS 18289 b
793	793
794	794
795	795	SB1503- 22 -LRB104 08239 SPS 18289 b SB1503 - 22 - LRB104 08239 SPS 18289 b
796	796	SB1503 - 22 - LRB104 08239 SPS 18289 b
797	797	1 accidental injury occurs on or after February 1, 2006)
798	798	2 shall be paid.
799	799	3 13. Eye-
800	800	4 150 weeks if the accidental injury occurs on or
801	801	5 after the effective date of this amendatory Act of the
802	802	6 94th General Assembly but before February 1, 2006.
803	803	7 162 weeks if the accidental injury occurs on or
804	804	8 after February 1, 2006.
805	805	9 Where an accidental injury results in the enucleation
806	806	10 of an eye, compensation for an additional 10 weeks (if the
807	807	11 accidental injury occurs on or after the effective date of
808	808	12 this amendatory Act of the 94th General Assembly but
809	809	13 before February 1, 2006) or an additional 11 weeks (if the
810	810	14 accidental injury occurs on or after February 1, 2006)
811	811	15 shall be paid.
812	812	16 14. Loss of hearing of one ear-
813	813	17 50 weeks if the accidental injury occurs on or
814	814	18 after the effective date of this amendatory Act of the
815	815	19 94th General Assembly but before February 1, 2006.
816	816	20 54 weeks if the accidental injury occurs on or
817	817	21 after February 1, 2006.
818	818	22 Total and permanent loss of hearing of both ears-
819	819	23 200 weeks if the accidental injury occurs on or
820	820	24 after the effective date of this amendatory Act of the
821	821	25 94th General Assembly but before February 1, 2006.
822	822	26 215 weeks if the accidental injury occurs on or
823	823
824	824
825	825
826	826
827	827
828	828	SB1503 - 22 - LRB104 08239 SPS 18289 b
829	829
830	830
831	831	SB1503- 23 -LRB104 08239 SPS 18289 b SB1503 - 23 - LRB104 08239 SPS 18289 b
832	832	SB1503 - 23 - LRB104 08239 SPS 18289 b
833	833	1 after February 1, 2006.
834	834	2 15. Testicle-
835	835	3 50 weeks if the accidental injury occurs on or
836	836	4 after the effective date of this amendatory Act of the
837	837	5 94th General Assembly but before February 1, 2006.
838	838	6 54 weeks if the accidental injury occurs on or
839	839	7 after February 1, 2006.
840	840	8 Both testicles-
841	841	9 150 weeks if the accidental injury occurs on or
842	842	10 after the effective date of this amendatory Act of the
843	843	11 94th General Assembly but before February 1, 2006.
844	844	12 162 weeks if the accidental injury occurs on or
845	845	13 after February 1, 2006.
846	846	14 16. For the permanent partial loss of use of a member
847	847	15 or sight of an eye, or hearing of an ear, compensation
848	848	16 during that proportion of the number of weeks in the
849	849	17 foregoing schedule provided for the loss of such member or
850	850	18 sight of an eye, or hearing of an ear, which the partial
851	851	19 loss of use thereof bears to the total loss of use of such
852	852	20 member, or sight of eye, or hearing of an ear.
853	853	21 (a) Loss of hearing for compensation purposes
854	854	22 shall be confined to the frequencies of 1,000, 2,000
855	855	23 and 3,000 cycles per second. Loss of hearing ability
856	856	24 for frequency tones above 3,000 cycles per second are
857	857	25 not to be considered as constituting disability for
858	858	26 hearing.
859	859
860	860
861	861
862	862
863	863
864	864	SB1503 - 23 - LRB104 08239 SPS 18289 b
865	865
866	866
867	867	SB1503- 24 -LRB104 08239 SPS 18289 b SB1503 - 24 - LRB104 08239 SPS 18289 b
868	868	SB1503 - 24 - LRB104 08239 SPS 18289 b
869	869	1 (b) The percent of hearing loss, for purposes of
870	870	2 the determination of compensation claims for
871	871	3 occupational deafness, shall be calculated as the
872	872	4 average in decibels for the thresholds of hearing for
873	873	5 the frequencies of 1,000, 2,000 and 3,000 cycles per
874	874	6 second. Pure tone air conduction audiometric
875	875	7 instruments, approved by nationally recognized
876	876	8 authorities in this field, shall be used for measuring
877	877	9 hearing loss. If the losses of hearing average 30
878	878	10 decibels or less in the 3 frequencies, such losses of
879	879	11 hearing shall not then constitute any compensable
880	880	12 hearing disability. If the losses of hearing average
881	881	13 85 decibels or more in the 3 frequencies, then the same
882	882	14 shall constitute and be total or 100% compensable
883	883	15 hearing loss.
884	884	16 (c) In measuring hearing impairment, the lowest
885	885	17 measured losses in each of the 3 frequencies shall be
886	886	18 added together and divided by 3 to determine the
887	887	19 average decibel loss. For every decibel of loss
888	888	20 exceeding 30 decibels an allowance of 1.82% shall be
889	889	21 made up to the maximum of 100% which is reached at 85
890	890	22 decibels.
891	891	23 (d) If a hearing loss is established to have
892	892	24 existed on July 1, 1975 by audiometric testing the
893	893	25 employer shall not be liable for the previous loss so
894	894	26 established nor shall he be liable for any loss for
895	895
896	896
897	897
898	898
899	899
900	900	SB1503 - 24 - LRB104 08239 SPS 18289 b
901	901
902	902
903	903	SB1503- 25 -LRB104 08239 SPS 18289 b SB1503 - 25 - LRB104 08239 SPS 18289 b
904	904	SB1503 - 25 - LRB104 08239 SPS 18289 b
905	905	1 which compensation has been paid or awarded.
906	906	2 (e) No consideration shall be given to the
907	907	3 question of whether or not the ability of an employee
908	908	4 to understand speech is improved by the use of a
909	909	5 hearing aid.
910	910	6 (f) No claim for loss of hearing due to industrial
911	911	7 noise shall be brought against an employer or allowed
912	912	8 unless the employee has been exposed for a period of
913	913	9 time sufficient to cause permanent impairment to noise
914	914	10 levels in excess of the following:
915	915	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
916	916	11 Sound Level DBA
917	917	12 Slow Response Hours Per Day
918	918	13 90 8
919	919	14 92 6
920	920	15 95 4
921	921	16 97 3
922	922	17 100 2
923	923	18 102 1-1/2
924	924	19 105 1
925	925	20 110 1/2
926	926	21 115 1/4
927	927	22 This subparagraph (f) shall not be applied in cases of
928	928	23 hearing loss resulting from trauma or explosion.
929	929	24 17. In computing the compensation to be paid to any
930	930	25 employee who, before the accident for which he claims
931	931	26 compensation, had before that time sustained an injury
932	932
933	933
934	934
935	935
936	936
937	937	SB1503 - 25 - LRB104 08239 SPS 18289 b
938	938
939	939
940	940	11 Sound Level DBA
941	941	12 Slow Response Hours Per Day
942	942	13 90 8
943	943	14 92 6
944	944	15 95 4
945	945	16 97 3
946	946	17 100 2
947	947	18 102 1-1/2
948	948	19 105 1
949	949	20 110 1/2
950	950	21 115 1/4
951	951
952	952
953	953	SB1503- 26 -LRB104 08239 SPS 18289 b SB1503 - 26 - LRB104 08239 SPS 18289 b
954	954	SB1503 - 26 - LRB104 08239 SPS 18289 b
955	955	1 resulting in the loss by amputation or partial loss by
956	956	2 amputation of any member, including hand, arm, thumb or
957	957	3 fingers, leg, foot or any toes, such loss or partial loss
958	958	4 of any such member shall be deducted from any award made
959	959	5 for the subsequent injury. For the permanent loss of use
960	960	6 or the permanent partial loss of use of any such member or
961	961	7 the partial loss of sight of an eye, for which
962	962	8 compensation has been paid, then such loss shall be taken
963	963	9 into consideration and deducted from any award for the
964	964	10 subsequent injury.
965	965	11 18. The specific case of loss of both hands, both
966	966	12 arms, or both feet, or both legs, or both eyes, or of any
967	967	13 two thereof, or the permanent and complete loss of the use
968	968	14 thereof, constitutes total and permanent disability, to be
969	969	15 compensated according to the compensation fixed by
970	970	16 paragraph (f) of this Section. These specific cases of
971	971	17 total and permanent disability do not exclude other cases.
972	972	18 Any employee who has previously suffered the loss or
973	973	19 permanent and complete loss of the use of any of such
974	974	20 members, and in a subsequent independent accident loses
975	975	21 another or suffers the permanent and complete loss of the
976	976	22 use of any one of such members the employer for whom the
977	977	23 injured employee is working at the time of the last
978	978	24 independent accident is liable to pay compensation only
979	979	25 for the loss or permanent and complete loss of the use of
980	980	26 the member occasioned by the last independent accident.
981	981
982	982
983	983
984	984
985	985
986	986	SB1503 - 26 - LRB104 08239 SPS 18289 b
987	987
988	988
989	989	SB1503- 27 -LRB104 08239 SPS 18289 b SB1503 - 27 - LRB104 08239 SPS 18289 b
990	990	SB1503 - 27 - LRB104 08239 SPS 18289 b
991	991	1 19. In a case of specific loss and the subsequent
992	992	2 death of such injured employee from other causes than such
993	993	3 injury leaving a widow, widower, or dependents surviving
994	994	4 before payment or payment in full for such injury, then
995	995	5 the amount due for such injury is payable to the widow or
996	996	6 widower and, if there be no widow or widower, then to such
997	997	7 dependents, in the proportion which such dependency bears
998	998	8 to total dependency.
999	999	9 Beginning July 1, 1980, and every 6 months thereafter, the
1000	1000	10 Commission shall examine the Second Injury Fund and when,
1001	1001	11 after deducting all advances or loans made to such Fund, the
1002	1002	12 amount therein is $500,000 then the amount required to be paid
1003	1003	13 by employers pursuant to paragraph (f) of Section 7 shall be
1004	1004	14 reduced by one-half. When the Second Injury Fund reaches the
1005	1005	15 sum of $600,000 then the payments shall cease entirely.
1006	1006	16 However, when the Second Injury Fund has been reduced to
1007	1007	17 $400,000, payment of one-half of the amounts required by
1008	1008	18 paragraph (f) of Section 7 shall be resumed, in the manner
1009	1009	19 herein provided, and when the Second Injury Fund has been
1010	1010	20 reduced to $300,000, payment of the full amounts required by
1011	1011	21 paragraph (f) of Section 7 shall be resumed, in the manner
1012	1012	22 herein provided. The Commission shall make the changes in
1013	1013	23 payment effective by general order, and the changes in payment
1014	1014	24 become immediately effective for all cases coming before the
1015	1015	25 Commission thereafter either by settlement agreement or final
1016	1016	26 order, irrespective of the date of the accidental injury.
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022	SB1503 - 27 - LRB104 08239 SPS 18289 b
1023	1023
1024	1024
1025	1025	SB1503- 28 -LRB104 08239 SPS 18289 b SB1503 - 28 - LRB104 08239 SPS 18289 b
1026	1026	SB1503 - 28 - LRB104 08239 SPS 18289 b
1027	1027	1 On August 1, 1996 and on February 1 and August 1 of each
1028	1028	2 subsequent year, the Commission shall examine the special fund
1029	1029	3 designated as the "Rate Adjustment Fund" and when, after
1030	1030	4 deducting all advances or loans made to said fund, the amount
1031	1031	5 therein is $4,000,000, the amount required to be paid by
1032	1032	6 employers pursuant to paragraph (f) of Section 7 shall be
1033	1033	7 reduced by one-half. When the Rate Adjustment Fund reaches the
1034	1034	8 sum of $5,000,000 the payment therein shall cease entirely.
1035	1035	9 However, when said Rate Adjustment Fund has been reduced to
1036	1036	10 $3,000,000 the amounts required by paragraph (f) of Section 7
1037	1037	11 shall be resumed in the manner herein provided.
1038	1038	12 (f) In case of complete disability, which renders the
1039	1039	13 employee wholly and permanently incapable of work, or in the
1040	1040	14 specific case of total and permanent disability as provided in
1041	1041	15 subparagraph 18 of paragraph (e) of this Section, compensation
1042	1042	16 shall be payable at the rate provided in subparagraph 2 of
1043	1043	17 paragraph (b) of this Section for life.
1044	1044	18 An employee entitled to benefits under paragraph (f) of
1045	1045	19 this Section shall also be entitled to receive from the Rate
1046	1046	20 Adjustment Fund provided in paragraph (f) of Section 7 of the
1047	1047	21 supplementary benefits provided in paragraph (g) of this
1048	1048	22 Section 8.
1049	1049	23 If any employee who receives an award under this paragraph
1050	1050	24 afterwards returns to work or is able to do so, and earns or is
1051	1051	25 able to earn as much as before the accident, payments under
1052	1052	26 such award shall cease. If such employee returns to work, or is
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058	SB1503 - 28 - LRB104 08239 SPS 18289 b
1059	1059
1060	1060
1061	1061	SB1503- 29 -LRB104 08239 SPS 18289 b SB1503 - 29 - LRB104 08239 SPS 18289 b
1062	1062	SB1503 - 29 - LRB104 08239 SPS 18289 b
1063	1063	1 able to do so, and earns or is able to earn part but not as
1064	1064	2 much as before the accident, such award shall be modified so as
1065	1065	3 to conform to an award under paragraph (d) of this Section. If
1066	1066	4 such award is terminated or reduced under the provisions of
1067	1067	5 this paragraph, such employees have the right at any time
1068	1068	6 within 30 months after the date of such termination or
1069	1069	7 reduction to file petition with the Commission for the purpose
1070	1070	8 of determining whether any disability exists as a result of
1071	1071	9 the original accidental injury and the extent thereof.
1072	1072	10 Disability as enumerated in subdivision 18, paragraph (e)
1073	1073	11 of this Section is considered complete disability.
1074	1074	12 If an employee who had previously incurred loss or the
1075	1075	13 permanent and complete loss of use of one member, through the
1076	1076	14 loss or the permanent and complete loss of the use of one hand,
1077	1077	15 one arm, one foot, one leg, or one eye, incurs permanent and
1078	1078	16 complete disability through the loss or the permanent and
1079	1079	17 complete loss of the use of another member, he shall receive,
1080	1080	18 in addition to the compensation payable by the employer and
1081	1081	19 after such payments have ceased, an amount from the Second
1082	1082	20 Injury Fund provided for in paragraph (f) of Section 7, which,
1083	1083	21 together with the compensation payable from the employer in
1084	1084	22 whose employ he was when the last accidental injury was
1085	1085	23 incurred, will equal the amount payable for permanent and
1086	1086	24 complete disability as provided in this paragraph of this
1087	1087	25 Section.
1088	1088	26 The custodian of the Second Injury Fund provided for in
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093
1094	1094	SB1503 - 29 - LRB104 08239 SPS 18289 b
1095	1095
1096	1096
1097	1097	SB1503- 30 -LRB104 08239 SPS 18289 b SB1503 - 30 - LRB104 08239 SPS 18289 b
1098	1098	SB1503 - 30 - LRB104 08239 SPS 18289 b
1099	1099	1 paragraph (f) of Section 7 shall be joined with the employer as
1100	1100	2 a party respondent in the application for adjustment of claim.
1101	1101	3 The application for adjustment of claim shall state briefly
1102	1102	4 and in general terms the approximate time and place and manner
1103	1103	5 of the loss of the first member.
1104	1104	6 In its award the Commission or the Arbitrator shall
1105	1105	7 specifically find the amount the injured employee shall be
1106	1106	8 weekly paid, the number of weeks compensation which shall be
1107	1107	9 paid by the employer, the date upon which payments begin out of
1108	1108	10 the Second Injury Fund provided for in paragraph (f) of
1109	1109	11 Section 7 of this Act, the length of time the weekly payments
1110	1110	12 continue, the date upon which the pension payments commence
1111	1111	13 and the monthly amount of the payments. The Commission shall
1112	1112	14 30 days after the date upon which payments out of the Second
1113	1113	15 Injury Fund have begun as provided in the award, and every
1114	1114	16 month thereafter, prepare and submit to the State Comptroller
1115	1115	17 a voucher for payment for all compensation accrued to that
1116	1116	18 date at the rate fixed by the Commission. The State
1117	1117	19 Comptroller shall draw a warrant to the injured employee along
1118	1118	20 with a receipt to be executed by the injured employee and
1119	1119	21 returned to the Commission. The endorsed warrant and receipt
1120	1120	22 is a full and complete acquittance to the Commission for the
1121	1121	23 payment out of the Second Injury Fund. No other appropriation
1122	1122	24 or warrant is necessary for payment out of the Second Injury
1123	1123	25 Fund. The Second Injury Fund is appropriated for the purpose
1124	1124	26 of making payments according to the terms of the awards.
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129
1130	1130	SB1503 - 30 - LRB104 08239 SPS 18289 b
1131	1131
1132	1132
1133	1133	SB1503- 31 -LRB104 08239 SPS 18289 b SB1503 - 31 - LRB104 08239 SPS 18289 b
1134	1134	SB1503 - 31 - LRB104 08239 SPS 18289 b
1135	1135	1 As of July 1, 1980 to July 1, 1982, all claims against and
1136	1136	2 obligations of the Second Injury Fund shall become claims
1137	1137	3 against and obligations of the Rate Adjustment Fund to the
1138	1138	4 extent there is insufficient money in the Second Injury Fund
1139	1139	5 to pay such claims and obligations. In that case, all
1140	1140	6 references to "Second Injury Fund" in this Section shall also
1141	1141	7 include the Rate Adjustment Fund.
1142	1142	8 (g) Every award for permanent total disability entered by
1143	1143	9 the Commission on and after July 1, 1965 under which
1144	1144	10 compensation payments shall become due and payable after the
1145	1145	11 effective date of this amendatory Act, and every award for
1146	1146	12 death benefits or permanent total disability entered by the
1147	1147	13 Commission on and after the effective date of this amendatory
1148	1148	14 Act shall be subject to annual adjustments as to the amount of
1149	1149	15 the compensation rate therein provided. Such adjustments shall
1150	1150	16 first be made on July 15, 1977, and all awards made and entered
1151	1151	17 prior to July 1, 1975 and on July 15 of each year thereafter.
1152	1152	18 In all other cases such adjustment shall be made on July 15 of
1153	1153	19 the second year next following the date of the entry of the
1154	1154	20 award and shall further be made on July 15 annually
1155	1155	21 thereafter. If during the intervening period from the date of
1156	1156	22 the entry of the award, or the last periodic adjustment, there
1157	1157	23 shall have been an increase in the State's average weekly wage
1158	1158	24 in covered industries under the Unemployment Insurance Act,
1159	1159	25 the weekly compensation rate shall be proportionately
1160	1160	26 increased by the same percentage as the percentage of increase
1161	1161
1162	1162
1163	1163
1164	1164
1165	1165
1166	1166	SB1503 - 31 - LRB104 08239 SPS 18289 b
1167	1167
1168	1168
1169	1169	SB1503- 32 -LRB104 08239 SPS 18289 b SB1503 - 32 - LRB104 08239 SPS 18289 b
1170	1170	SB1503 - 32 - LRB104 08239 SPS 18289 b
1171	1171	1 in the State's average weekly wage in covered industries under
1172	1172	2 the Unemployment Insurance Act. The increase in the
1173	1173	3 compensation rate under this paragraph shall in no event bring
1174	1174	4 the total compensation rate to an amount greater than the
1175	1175	5 prevailing maximum rate at the time that the annual adjustment
1176	1176	6 is made. Such increase shall be paid in the same manner as
1177	1177	7 herein provided for payments under the Second Injury Fund to
1178	1178	8 the injured employee, or his dependents, as the case may be,
1179	1179	9 out of the Rate Adjustment Fund provided in paragraph (f) of
1180	1180	10 Section 7 of this Act. Payments shall be made at the same
1181	1181	11 intervals as provided in the award or, at the option of the
1182	1182	12 Commission, may be made in quarterly payment on the 15th day of
1183	1183	13 January, April, July and October of each year. In the event of
1184	1184	14 a decrease in such average weekly wage there shall be no change
1185	1185	15 in the then existing compensation rate. The within paragraph
1186	1186	16 shall not apply to cases where there is disputed liability and
1187	1187	17 in which a compromise lump sum settlement between the employer
1188	1188	18 and the injured employee, or his dependents, as the case may
1189	1189	19 be, has been duly approved by the Illinois Workers'
1190	1190	20 Compensation Commission.
1191	1191	21 Provided, that in cases of awards entered by the
1192	1192	22 Commission for injuries occurring before July 1, 1975, the
1193	1193	23 increases in the compensation rate adjusted under the
1194	1194	24 foregoing provision of this paragraph (g) shall be limited to
1195	1195	25 increases in the State's average weekly wage in covered
1196	1196	26 industries under the Unemployment Insurance Act occurring
1197	1197
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202	SB1503 - 32 - LRB104 08239 SPS 18289 b
1203	1203
1204	1204
1205	1205	SB1503- 33 -LRB104 08239 SPS 18289 b SB1503 - 33 - LRB104 08239 SPS 18289 b
1206	1206	SB1503 - 33 - LRB104 08239 SPS 18289 b
1207	1207	1 after July 1, 1975.
1208	1208	2 For every accident occurring on or after July 20, 2005 but
1209	1209	3 before the effective date of this amendatory Act of the 94th
1210	1210	4 General Assembly (Senate Bill 1283 of the 94th General
1211	1211	5 Assembly), the annual adjustments to the compensation rate in
1212	1212	6 awards for death benefits or permanent total disability, as
1213	1213	7 provided in this Act, shall be paid by the employer. The
1214	1214	8 adjustment shall be made by the employer on July 15 of the
1215	1215	9 second year next following the date of the entry of the award
1216	1216	10 and shall further be made on July 15 annually thereafter. If
1217	1217	11 during the intervening period from the date of the entry of the
1218	1218	12 award, or the last periodic adjustment, there shall have been
1219	1219	13 an increase in the State's average weekly wage in covered
1220	1220	14 industries under the Unemployment Insurance Act, the employer
1221	1221	15 shall increase the weekly compensation rate proportionately by
1222	1222	16 the same percentage as the percentage of increase in the
1223	1223	17 State's average weekly wage in covered industries under the
1224	1224	18 Unemployment Insurance Act. The increase in the compensation
1225	1225	19 rate under this paragraph shall in no event bring the total
1226	1226	20 compensation rate to an amount greater than the prevailing
1227	1227	21 maximum rate at the time that the annual adjustment is made. In
1228	1228	22 the event of a decrease in such average weekly wage there shall
1229	1229	23 be no change in the then existing compensation rate. Such
1230	1230	24 increase shall be paid by the employer in the same manner and
1231	1231	25 at the same intervals as the payment of compensation in the
1232	1232	26 award. This paragraph shall not apply to cases where there is
1233	1233
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238	SB1503 - 33 - LRB104 08239 SPS 18289 b
1239	1239
1240	1240
1241	1241	SB1503- 34 -LRB104 08239 SPS 18289 b SB1503 - 34 - LRB104 08239 SPS 18289 b
1242	1242	SB1503 - 34 - LRB104 08239 SPS 18289 b
1243	1243	1 disputed liability and in which a compromise lump sum
1244	1244	2 settlement between the employer and the injured employee, or
1245	1245	3 his or her dependents, as the case may be, has been duly
1246	1246	4 approved by the Illinois Workers' Compensation Commission.
1247	1247	5 The annual adjustments for every award of death benefits
1248	1248	6 or permanent total disability involving accidents occurring
1249	1249	7 before July 20, 2005 and accidents occurring on or after the
1250	1250	8 effective date of this amendatory Act of the 94th General
1251	1251	9 Assembly (Senate Bill 1283 of the 94th General Assembly) shall
1252	1252	10 continue to be paid from the Rate Adjustment Fund pursuant to
1253	1253	11 this paragraph and Section 7(f) of this Act.
1254	1254	12 (h) In case death occurs from any cause before the total
1255	1255	13 compensation to which the employee would have been entitled
1256	1256	14 has been paid, then in case the employee leaves any widow,
1257	1257	15 widower, child, parent (or any grandchild, grandparent or
1258	1258	16 other lineal heir or any collateral heir dependent at the time
1259	1259	17 of the accident upon the earnings of the employee to the extent
1260	1260	18 of 50% or more of total dependency) such compensation shall be
1261	1261	19 paid to the beneficiaries of the deceased employee and
1262	1262	20 distributed as provided in paragraph (g) of Section 7.
1263	1263	21 (h-1) In case an injured employee is under legal
1264	1264	22 disability at the time when any right or privilege accrues to
1265	1265	23 him or her under this Act, a guardian may be appointed pursuant
1266	1266	24 to law, and may, on behalf of such person under legal
1267	1267	25 disability, claim and exercise any such right or privilege
1268	1268	26 with the same effect as if the employee himself or herself had
1269	1269
1270	1270
1271	1271
1272	1272
1273	1273
1274	1274	SB1503 - 34 - LRB104 08239 SPS 18289 b
1275	1275
1276	1276
1277	1277	SB1503- 35 -LRB104 08239 SPS 18289 b SB1503 - 35 - LRB104 08239 SPS 18289 b
1278	1278	SB1503 - 35 - LRB104 08239 SPS 18289 b
1279	1279	1 claimed or exercised the right or privilege. No limitations of
1280	1280	2 time provided by this Act run so long as the employee who is
1281	1281	3 under legal disability is without a conservator or guardian.
1282	1282	4 (i) In case the injured employee is under 16 years of age
1283	1283	5 at the time of the accident and is illegally employed, the
1284	1284	6 amount of compensation payable under paragraphs (b), (c), (d),
1285	1285	7 (e) and (f) of this Section is increased 50%.
1286	1286	8 However, where an employer has on file an employment
1287	1287	9 certificate issued pursuant to the Child Labor Law of 2024 or
1288	1288	10 work permit issued pursuant to the Federal Fair Labor
1289	1289	11 Standards Act, as amended, or a birth certificate properly and
1290	1290	12 duly issued, such certificate, permit or birth certificate is
1291	1291	13 conclusive evidence as to the age of the injured minor
1292	1292	14 employee for the purposes of this Section.
1293	1293	15 Nothing herein contained repeals or amends the provisions
1294	1294	16 of the Child Labor Law of 2024 relating to the employment of
1295	1295	17 minors under the age of 16 years.
1296	1296	18 (j) 1. In the event the injured employee receives
1297	1297	19 benefits, including medical, surgical or hospital benefits
1298	1298	20 under any group plan covering non-occupational disabilities
1299	1299	21 contributed to wholly or partially by the employer, which
1300	1300	22 benefits should not have been payable if any rights of
1301	1301	23 recovery existed under this Act, then such amounts so paid to
1302	1302	24 the employee from any such group plan as shall be consistent
1303	1303	25 with, and limited to, the provisions of paragraph 2 hereof,
1304	1304	26 shall be credited to or against any compensation payment for
1305	1305
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310	SB1503 - 35 - LRB104 08239 SPS 18289 b
1311	1311
1312	1312
1313	1313	SB1503- 36 -LRB104 08239 SPS 18289 b SB1503 - 36 - LRB104 08239 SPS 18289 b
1314	1314	SB1503 - 36 - LRB104 08239 SPS 18289 b
1315	1315	1 temporary total incapacity for work or any medical, surgical
1316	1316	2 or hospital benefits made or to be made under this Act. In such
1317	1317	3 event, the period of time for giving notice of accidental
1318	1318	4 injury and filing application for adjustment of claim does not
1319	1319	5 commence to run until the termination of such payments. This
1320	1320	6 paragraph does not apply to payments made under any group plan
1321	1321	7 which would have been payable irrespective of an accidental
1322	1322	8 injury under this Act. Any employer receiving such credit
1323	1323	9 shall keep such employee safe and harmless from any and all
1324	1324	10 claims or liabilities that may be made against him by reason of
1325	1325	11 having received such payments only to the extent of such
1326	1326	12 credit.
1327	1327	13 Any excess benefits paid to or on behalf of a State
1328	1328	14 employee by the State Employees' Retirement System under
1329	1329	15 Article 14 of the Illinois Pension Code on a death claim or
1330	1330	16 disputed disability claim shall be credited against any
1331	1331	17 payments made or to be made by the State of Illinois to or on
1332	1332	18 behalf of such employee under this Act, except for payments
1333	1333	19 for medical expenses which have already been incurred at the
1334	1334	20 time of the award. The State of Illinois shall directly
1335	1335	21 reimburse the State Employees' Retirement System to the extent
1336	1336	22 of such credit.
1337	1337	23 2. Nothing contained in this Act shall be construed to
1338	1338	24 give the employer or the insurance carrier the right to credit
1339	1339	25 for any benefits or payments received by the employee other
1340	1340	26 than compensation payments provided by this Act, and where the
1341	1341
1342	1342
1343	1343
1344	1344
1345	1345
1346	1346	SB1503 - 36 - LRB104 08239 SPS 18289 b
1347	1347
1348	1348
1349	1349	SB1503- 37 -LRB104 08239 SPS 18289 b SB1503 - 37 - LRB104 08239 SPS 18289 b
1350	1350	SB1503 - 37 - LRB104 08239 SPS 18289 b
1351	1351	1 employee receives payments other than compensation payments,
1352	1352	2 whether as full or partial salary, group insurance benefits,
1353	1353	3 bonuses, annuities or any other payments, the employer or
1354	1354	4 insurance carrier shall receive credit for each such payment
1355	1355	5 only to the extent of the compensation that would have been
1356	1356	6 payable during the period covered by such payment.
1357	1357	7 3. The extension of time for the filing of an Application
1358	1358	8 for Adjustment of Claim as provided in paragraph 1 above shall
1359	1359	9 not apply to those cases where the time for such filing had
1360	1360	10 expired prior to the date on which payments or benefits
1361	1361	11 enumerated herein have been initiated or resumed. Provided
1362	1362	12 however that this paragraph 3 shall apply only to cases
1363	1363	13 wherein the payments or benefits hereinabove enumerated shall
1364	1364	14 be received after July 1, 1969.
1365	1365	15 (Source: P.A. 103-721, eff. 1-1-25.)
1366	1366	16 (820 ILCS 305/16) (from Ch. 48, par. 138.16)
1367	1367	17 Sec. 16. The Commission shall make and publish procedural
1368	1368	18 rules and orders for carrying out the duties imposed upon it by
1369	1369	19 law and for determining the extent of disability sustained,
1370	1370	20 which rules and orders shall be deemed prima facie reasonable
1371	1371	21 and valid.
1372	1372	22 The process and procedure before the Commission shall be
1373	1373	23 as simple and summary as reasonably may be.
1374	1374	24 The Commission upon application of either party may issue
1375	1375	25 dedimus potestatem directed to a commissioner, notary public,
1376	1376
1377	1377
1378	1378
1379	1379
1380	1380
1381	1381	SB1503 - 37 - LRB104 08239 SPS 18289 b
1382	1382
1383	1383
1384	1384	SB1503- 38 -LRB104 08239 SPS 18289 b SB1503 - 38 - LRB104 08239 SPS 18289 b
1385	1385	SB1503 - 38 - LRB104 08239 SPS 18289 b
1386	1386	1 justice of the peace or any other officer authorized by law to
1387	1387	2 administer oaths, to take the depositions of such witness or
1388	1388	3 witnesses as may be necessary in the judgment of such
1389	1389	4 applicant. The non-prevailing party is responsible for any
1390	1390	5 costs incurred in deposing a medical practitioner. Such
1391	1391	6 dedimus potestatem may issue to any of the officers aforesaid
1392	1392	7 in any state or territory of the United States. When the
1393	1393	8 deposition of any witness resident of a foreign country is
1394	1394	9 desired to be taken, the dedimus shall be directed to and the
1395	1395	10 deposition taken before a consul, vice consul or other
1396	1396	11 authorized representative of the government of the United
1397	1397	12 States of America, whose station is in the country where the
1398	1398	13 witness whose deposition is to be taken resides. In countries
1399	1399	14 where the government of the United States has no consul or
1400	1400	15 other diplomatic representative, then depositions in such case
1401	1401	16 shall be taken through the appropriate judicial authority of
1402	1402	17 that country; or where treaties provide for other methods of
1403	1403	18 taking depositions, then the same may be taken as in such
1404	1404	19 treaties provided. The Commission shall have the power to
1405	1405	20 adopt necessary rules to govern the issue of such dedimus
1406	1406	21 potestatem.
1407	1407	22 The Commission, or any member thereof, or any Arbitrator
1408	1408	23 designated by the Commission shall have the power to
1409	1409	24 administer oaths, subpoena and examine witnesses; to issue
1410	1410	25 subpoenas duces tecum, requiring the production of such books,
1411	1411	26 papers, records and documents as may be evidence of any matter
1412	1412
1413	1413
1414	1414
1415	1415
1416	1416
1417	1417	SB1503 - 38 - LRB104 08239 SPS 18289 b
1418	1418
1419	1419
1420	1420	SB1503- 39 -LRB104 08239 SPS 18289 b SB1503 - 39 - LRB104 08239 SPS 18289 b
1421	1421	SB1503 - 39 - LRB104 08239 SPS 18289 b
1422	1422	1 under inquiry and to examine and inspect the same and such
1423	1423	2 places or premises as may relate to the question in dispute.
1424	1424	3 The Commission, or any member thereof, or any Arbitrator
1425	1425	4 designated by the Commission, shall on written request of
1426	1426	5 either party to the dispute, issue subpoenas for the
1427	1427	6 attendance of such witnesses and production of such books,
1428	1428	7 papers, records and documents as shall be designated in the
1429	1429	8 applications, and the parties applying for such subpoena shall
1430	1430	9 advance the officer and witness fees provided for in civil
1431	1431	10 actions pending in circuit courts of this State, except as
1432	1432	11 otherwise provided by Section 20 of this Act. Service of such
1433	1433	12 subpoena shall be made by any sheriff or other person. In case
1434	1434	13 any person refuses to comply with an order of the Commission or
1435	1435	14 subpoenas issued by it or by any member thereof, or any
1436	1436	15 Arbitrator designated by the Commission or to permit an
1437	1437	16 inspection of places or premises, or to produce any books,
1438	1438	17 papers, records or documents, or any witness refuses to
1439	1439	18 testify to any matters regarding which he or she may be
1440	1440	19 lawfully interrogated, the Circuit Court of the county in
1441	1441	20 which the hearing or matter is pending, on application of any
1442	1442	21 member of the Commission or any Arbitrator designated by the
1443	1443	22 Commission, shall compel obedience by attachment proceedings,
1444	1444	23 as for contempt, as in a case of disobedience of the
1445	1445	24 requirements of a subpoena from such court on a refusal to
1446	1446	25 testify therein.
1447	1447	26 The records, reports, and bills kept by a treating
1448	1448
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453	SB1503 - 39 - LRB104 08239 SPS 18289 b
1454	1454
1455	1455
1456	1456	SB1503- 40 -LRB104 08239 SPS 18289 b SB1503 - 40 - LRB104 08239 SPS 18289 b
1457	1457	SB1503 - 40 - LRB104 08239 SPS 18289 b
1458	1458	1 hospital, treating physician, or other treating healthcare
1459	1459	2 provider that renders treatment to the employee as a result of
1460	1460	3 accidental injuries in question, certified to as true and
1461	1461	4 correct by the hospital, physician, or other healthcare
1462	1462	5 provider or by designated agents of the hospital, physician,
1463	1463	6 or other healthcare provider, showing the medical and surgical
1464	1464	7 treatment given an injured employee by such hospital,
1465	1465	8 physician, or other healthcare provider, shall be admissible
1466	1466	9 without any further proof as evidence of the medical and
1467	1467	10 surgical matters stated therein, but shall not be conclusive
1468	1468	11 proof of such matters. There shall be a rebuttable presumption
1469	1469	12 that any such records, reports, and bills received in response
1470	1470	13 to Commission subpoena are certified to be true and correct.
1471	1471	14 This paragraph does not restrict, limit, or prevent the
1472	1472	15 admissibility of records, reports, or bills that are otherwise
1473	1473	16 admissible. This provision does not apply to reports prepared
1474	1474	17 by treating providers for use in litigation.
1475	1475	18 The Commission at its expense shall provide an official
1476	1476	19 court reporter to take the testimony and record of proceedings
1477	1477	20 at the hearings before an Arbitrator or the Commission, who
1478	1478	21 shall furnish a transcript of such testimony or proceedings to
1479	1479	22 either party requesting it, upon payment therefor at the rate
1480	1480	23 of $1.00 per page for the original and 35 cents per page for
1481	1481	24 each copy of such transcript. Payment for photostatic copies
1482	1482	25 of exhibits shall be extra. If the Commission has determined,
1483	1483	26 as provided in Section 20 of this Act, that the employee is a
1484	1484
1485	1485
1486	1486
1487	1487
1488	1488
1489	1489	SB1503 - 40 - LRB104 08239 SPS 18289 b
1490	1490
1491	1491
1492	1492	SB1503- 41 -LRB104 08239 SPS 18289 b SB1503 - 41 - LRB104 08239 SPS 18289 b
1493	1493	SB1503 - 41 - LRB104 08239 SPS 18289 b
1494	1494	1 poor person, a transcript of such testimony and proceedings,
1495	1495	2 including photostatic copies of exhibits, shall be furnished
1496	1496	3 to such employee at the Commission's expense.
1497	1497	4 The Commission shall have the power to determine the
1498	1498	5 reasonableness and fix the amount of any fee of compensation
1499	1499	6 charged by any person, including attorneys, physicians,
1500	1500	7 surgeons and hospitals, for any service performed in
1501	1501	8 connection with this Act, or for which payment is to be made
1502	1502	9 under this Act or rendered in securing any right under this
1503	1503	10 Act.
1504	1504	11 Whenever the Commission shall find that the employer, his
1505	1505	12 or her agent, service company or insurance carrier has been
1506	1506	13 guilty of delay or unfairness towards an employee in the
1507	1507	14 adjustment, settlement or payment of benefits due such
1508	1508	15 employee within the purview of the provisions of paragraph (c)
1509	1509	16 of Section 4 of this Act; or has been guilty of unreasonable or
1510	1510	17 vexatious delay, intentional under-payment of compensation
1511	1511	18 benefits, or has engaged in frivolous defenses which do not
1512	1512	19 present a real controversy, within the purview of the
1513	1513	20 provisions of paragraph (k) of Section 19 of this Act, the
1514	1514	21 Commission shall may assess all or any part of the attorney's
1515	1515	22 fees and costs against such employer and his or her insurance
1516	1516	23 carrier.
1517	1517	24 (Source: P.A. 94-277, eff. 7-20-05.)
1518	1518	25 (820 ILCS 305/16a) (from Ch. 48, par. 138.16a)
1519	1519
1520	1520
1521	1521
1522	1522
1523	1523
1524	1524	SB1503 - 41 - LRB104 08239 SPS 18289 b
1525	1525
1526	1526
1527	1527	SB1503- 42 -LRB104 08239 SPS 18289 b SB1503 - 42 - LRB104 08239 SPS 18289 b
1528	1528	SB1503 - 42 - LRB104 08239 SPS 18289 b
1529	1529	1 Sec. 16a. (A) In the establishment or approval of
1530	1530	2 attorney's fees in relation to claims brought under this Act,
1531	1531	3 the Commission shall be guided by the provisions of this
1532	1532	4 Section and by the legislative intent, hereby declared, to
1533	1533	5 encourage settlement and prompt administrative handling of
1534	1534	6 such claims and thereby reduce expenses to claimants for
1535	1535	7 compensation under this Act.
1536	1536	8 (B) With respect to any and all proceedings in connection
1537	1537	9 with any initial or original claim under this Act, no claim of
1538	1538	10 any attorney for services rendered in connection with the
1539	1539	11 securing of compensation for an employee or his dependents,
1540	1540	12 whether secured by agreement, order, award or a judgment in
1541	1541	13 any court shall exceed 20% of the amount of compensation
1542	1542	14 recovered and paid, unless further fees shall be allowed to
1543	1543	15 the attorney upon a hearing by the Commission fixing fees, and
1544	1544	16 subject to the other provisions of this Section. However,
1545	1545	17 except as hereinafter provided in this Section, in death
1546	1546	18 cases, total disability cases and partial disability cases,
1547	1547	19 the amount of an attorney's fees shall not exceed 20% of the
1548	1548	20 sum which would be due under this Act for 364 weeks of
1549	1549	21 permanent total disability based upon the employee's average
1550	1550	22 gross weekly wage prior to the date of the accident and subject
1551	1551	23 to the maximum weekly benefits provided in this Act unless
1552	1552	24 further fees shall be allowed to the attorney upon a hearing by
1553	1553	25 the Commission fixing fees.
1554	1554	26 (C) All attorneys' fees in connection with the initial or
1555	1555
1556	1556
1557	1557
1558	1558
1559	1559
1560	1560	SB1503 - 42 - LRB104 08239 SPS 18289 b
1561	1561
1562	1562
1563	1563	SB1503- 43 -LRB104 08239 SPS 18289 b SB1503 - 43 - LRB104 08239 SPS 18289 b
1564	1564	SB1503 - 43 - LRB104 08239 SPS 18289 b
1565	1565	1 original claim for compensation shall be fixed pursuant to a
1566	1566	2 written contract on forms prescribed by the Commission between
1567	1567	3 the attorney and the employee or his dependents, and every
1568	1568	4 attorney, whether the disposition of the original claim is by
1569	1569	5 agreement, settlement, award, judgment or otherwise, shall
1570	1570	6 file his contract with the Chairman of the Commission who
1571	1571	7 shall approve the contract only if it is in accordance with all
1572	1572	8 provisions of this Section.
1573	1573	9 (D) No attorneys' fees shall be charged with respect to
1574	1574	10 compensation for undisputed medical expenses.
1575	1575	11 (E) No attorneys' fees shall be charged in connection with
1576	1576	12 any temporary total disability compensation unless the payment
1577	1577	13 of such compensation in a timely manner or in the proper amount
1578	1578	14 is refused, or unless such compensation is terminated by the
1579	1579	15 employer and the payment of such compensation is obtained or
1580	1580	16 reinstated by the efforts of the attorney, whether by
1581	1581	17 agreement, settlement, award or judgment.
1582	1582	18 (F) In the following cases in which there is no dispute
1583	1583	19 between the parties as to the liability of the respondent to
1584	1584	20 pay compensation in a timely manner or in the proper amount and
1585	1585	21 there is no dispute that the accident has resulted in:
1586	1586	22 (1) the death of the employee; or
1587	1587	23 (2) a statutory permanent disability; or
1588	1588	24 (3) the amputation of a finger, toe, or member; or
1589	1589	25 (4) the removal of a testicle; or
1590	1590	26 (5) the enucleation of or 100% loss of vision of an
1591	1591
1592	1592
1593	1593
1594	1594
1595	1595
1596	1596	SB1503 - 43 - LRB104 08239 SPS 18289 b
1597	1597
1598	1598
1599	1599	SB1503- 44 -LRB104 08239 SPS 18289 b SB1503 - 44 - LRB104 08239 SPS 18289 b
1600	1600	SB1503 - 44 - LRB104 08239 SPS 18289 b
1601	1601	1 eye;
1602	1602	2 the legal fees, if any, for services rendered are to be fixed
1603	1603	3 by the Illinois Workers' Compensation Commission at a nominal
1604	1604	4 amount, not exceeding $100.
1605	1605	5 (G) In the following cases in which there is no dispute
1606	1606	6 between the parties as to the liability of the respondent to
1607	1607	7 pay compensation and there is no dispute that the accident has
1608	1608	8 resulted in:
1609	1609	9 (1) a fracture of one or more vertebrae; or
1610	1610	10 (2) a skull fracture; or
1611	1611	11 (3) a fracture of one or more spinous or transverse
1612	1612	12 processes; or
1613	1613	13 (4) a fracture of one or more facial bones; or
1614	1614	14 (5) the removal of a kidney, spleen or lung;
1615	1615	15 the legal fees, if any, for services rendered are to be fixed
1616	1616	16 by the Illinois Workers' Compensation Commission at a nominal
1617	1617	17 amount, not exceeding $100, provided that the employee is
1618	1618	18 awarded the minimum amount for the above injuries as specified
1619	1619	19 in Section 8(d)2.
1620	1620	20 (H) With regard to any claim where the amount to be paid
1621	1621	21 for compensation does not exceed the written offer made to the
1622	1622	22 claimant or claimants by the employer or his agent prior to
1623	1623	23 representation by an attorney, no fees shall be paid to any
1624	1624	24 such attorney.
1625	1625	25 (I) All attorneys' fees for representation of an employee
1626	1626	26 or his dependents shall be the responsibility of the
1627	1627
1628	1628
1629	1629
1630	1630
1631	1631
1632	1632	SB1503 - 44 - LRB104 08239 SPS 18289 b
1633	1633
1634	1634
1635	1635	SB1503- 45 -LRB104 08239 SPS 18289 b SB1503 - 45 - LRB104 08239 SPS 18289 b
1636	1636	SB1503 - 45 - LRB104 08239 SPS 18289 b
1637	1637	1 non-prevailing employer only recoverable from compensation
1638	1638	2 actually paid to such employee or dependents.
1639	1639	3 (J) Any and all disputes regarding attorneys' fees,
1640	1640	4 whether such disputes relate to which one or more attorneys
1641	1641	5 represents the claimant or claimants or is entitled to the
1642	1642	6 attorneys' fees, or a division of attorneys' fees where the
1643	1643	7 claimant or claimants are or have been represented by more
1644	1644	8 than one attorney, or any other disputes concerning attorneys'
1645	1645	9 fees or contracts for attorneys' fees, shall be heard and
1646	1646	10 determined by the Commission after reasonable notice to all
1647	1647	11 interested parties and attorneys.
1648	1648	12 (K) After reasonable notice and hearing before the
1649	1649	13 Commission, any attorney found to be in violation of any
1650	1650	14 provision of this Section shall be required to make
1651	1651	15 restitution of any excess fees charged plus interest at a
1652	1652	16 reasonable rate as determined by the Commission.
1653	1653	17 (Source: P.A. 93-721, eff. 1-1-05.)
1654	1654	18 (820 ILCS 305/19) (from Ch. 48, par. 138.19)
1655	1655	19 Sec. 19. Any disputed questions of law or fact shall be
1656	1656	20 determined as herein provided.
1657	1657	21 (a) It shall be the duty of the Commission upon
1658	1658	22 notification that the parties have failed to reach an
1659	1659	23 agreement, to designate an Arbitrator.
1660	1660	24 1. Whenever any claimant misconceives his remedy and
1661	1661	25 files an application for adjustment of claim under this
1662	1662
1663	1663
1664	1664
1665	1665
1666	1666
1667	1667	SB1503 - 45 - LRB104 08239 SPS 18289 b
1668	1668
1669	1669
1670	1670	SB1503- 46 -LRB104 08239 SPS 18289 b SB1503 - 46 - LRB104 08239 SPS 18289 b
1671	1671	SB1503 - 46 - LRB104 08239 SPS 18289 b
1672	1672	1 Act and it is subsequently discovered, at any time before
1673	1673	2 final disposition of such cause, that the claim for
1674	1674	3 disability or death which was the basis for such
1675	1675	4 application should properly have been made under the
1676	1676	5 Workers' Occupational Diseases Act, then the provisions of
1677	1677	6 Section 19, paragraph (a-1) of the Workers' Occupational
1678	1678	7 Diseases Act having reference to such application shall
1679	1679	8 apply.
1680	1680	9 2. Whenever any claimant misconceives his remedy and
1681	1681	10 files an application for adjustment of claim under the
1682	1682	11 Workers' Occupational Diseases Act and it is subsequently
1683	1683	12 discovered, at any time before final disposition of such
1684	1684	13 cause that the claim for injury or death which was the
1685	1685	14 basis for such application should properly have been made
1686	1686	15 under this Act, then the application so filed under the
1687	1687	16 Workers' Occupational Diseases Act may be amended in form,
1688	1688	17 substance or both to assert claim for such disability or
1689	1689	18 death under this Act and it shall be deemed to have been so
1690	1690	19 filed as amended on the date of the original filing
1691	1691	20 thereof, and such compensation may be awarded as is
1692	1692	21 warranted by the whole evidence pursuant to this Act. When
1693	1693	22 such amendment is submitted, further or additional
1694	1694	23 evidence may be heard by the Arbitrator or Commission when
1695	1695	24 deemed necessary. Nothing in this Section contained shall
1696	1696	25 be construed to be or permit a waiver of any provisions of
1697	1697	26 this Act with reference to notice but notice if given
1698	1698
1699	1699
1700	1700
1701	1701
1702	1702
1703	1703	SB1503 - 46 - LRB104 08239 SPS 18289 b
1704	1704
1705	1705
1706	1706	SB1503- 47 -LRB104 08239 SPS 18289 b SB1503 - 47 - LRB104 08239 SPS 18289 b
1707	1707	SB1503 - 47 - LRB104 08239 SPS 18289 b
1708	1708	1 shall be deemed to be a notice under the provisions of this
1709	1709	2 Act if given within the time required herein.
1710	1710	3 (b) The Arbitrator shall make such inquiries and
1711	1711	4 investigations as he or they shall deem necessary and may
1712	1712	5 examine and inspect all books, papers, records, places, or
1713	1713	6 premises relating to the questions in dispute and hear such
1714	1714	7 proper evidence as the parties may submit.
1715	1715	8 The hearings before the Arbitrator shall be held in the
1716	1716	9 vicinity where the injury occurred after 10 days' notice of
1717	1717	10 the time and place of such hearing shall have been given to
1718	1718	11 each of the parties or their attorneys of record.
1719	1719	12 The Arbitrator may find that the disabling condition is
1720	1720	13 temporary and has not yet reached a permanent condition and
1721	1721	14 may order the payment of compensation up to the date of the
1722	1722	15 hearing, which award shall be reviewable and enforceable in
1723	1723	16 the same manner as other awards, and in no instance be a bar to
1724	1724	17 a further hearing and determination of a further amount of
1725	1725	18 temporary total compensation or of compensation for permanent
1726	1726	19 disability, but shall be conclusive as to all other questions
1727	1727	20 except the nature and extent of said disability.
1728	1728	21 The decision of the Arbitrator shall be filed with the
1729	1729	22 Commission which Commission shall immediately send to each
1730	1730	23 party or his attorney a copy of such decision, together with a
1731	1731	24 notification of the time when it was filed. As of the effective
1732	1732	25 date of this amendatory Act of the 94th General Assembly, all
1733	1733	26 decisions of the Arbitrator shall set forth in writing
1734	1734
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739	SB1503 - 47 - LRB104 08239 SPS 18289 b
1740	1740
1741	1741
1742	1742	SB1503- 48 -LRB104 08239 SPS 18289 b SB1503 - 48 - LRB104 08239 SPS 18289 b
1743	1743	SB1503 - 48 - LRB104 08239 SPS 18289 b
1744	1744	1 findings of fact and conclusions of law, separately stated, if
1745	1745	2 requested by either party. Unless a petition for review is
1746	1746	3 filed by either party within 30 days after the receipt by such
1747	1747	4 party of the copy of the decision and notification of time when
1748	1748	5 filed, and unless such party petitioning for a review shall
1749	1749	6 within 35 days after the receipt by him of the copy of the
1750	1750	7 decision, file with the Commission either an agreed statement
1751	1751	8 of the facts appearing upon the hearing before the Arbitrator,
1752	1752	9 or if such party shall so elect a correct transcript of
1753	1753	10 evidence of the proceedings at such hearings, then the
1754	1754	11 decision shall become the decision of the Commission and in
1755	1755	12 the absence of fraud shall be conclusive. The Petition for
1756	1756	13 Review shall contain a statement of the petitioning party's
1757	1757	14 specific exceptions to the decision of the arbitrator. The
1758	1758	15 jurisdiction of the Commission to review the decision of the
1759	1759	16 arbitrator shall not be limited to the exceptions stated in
1760	1760	17 the Petition for Review. The Commission, or any member
1761	1761	18 thereof, may grant further time not exceeding 30 days, in
1762	1762	19 which to file such agreed statement or transcript of evidence.
1763	1763	20 Such agreed statement of facts or correct transcript of
1764	1764	21 evidence, as the case may be, shall be authenticated by the
1765	1765	22 signatures of the parties or their attorneys, and in the event
1766	1766	23 they do not agree as to the correctness of the transcript of
1767	1767	24 evidence it shall be authenticated by the signature of the
1768	1768	25 Arbitrator designated by the Commission.
1769	1769	26 Whether the employee is working or not, if the employee is
1770	1770
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775	SB1503 - 48 - LRB104 08239 SPS 18289 b
1776	1776
1777	1777
1778	1778	SB1503- 49 -LRB104 08239 SPS 18289 b SB1503 - 49 - LRB104 08239 SPS 18289 b
1779	1779	SB1503 - 49 - LRB104 08239 SPS 18289 b
1780	1780	1 not receiving or has not received medical, surgical, or
1781	1781	2 hospital services or other services or compensation as
1782	1782	3 provided in paragraph (a) of Section 8, or compensation as
1783	1783	4 provided in paragraph (b) of Section 8, the employee may at any
1784	1784	5 time petition for an expedited hearing by an Arbitrator on the
1785	1785	6 issue of whether or not he or she is entitled to receive
1786	1786	7 payment of the services or compensation. Provided the employer
1787	1787	8 continues to pay compensation pursuant to paragraph (b) of
1788	1788	9 Section 8, the employer may at any time petition for an
1789	1789	10 expedited hearing on the issue of whether or not the employee
1790	1790	11 is entitled to receive medical, surgical, or hospital services
1791	1791	12 or other services or compensation as provided in paragraph (a)
1792	1792	13 of Section 8, or compensation as provided in paragraph (b) of
1793	1793	14 Section 8. When an employer has petitioned for an expedited
1794	1794	15 hearing, the employer shall continue to pay compensation as
1795	1795	16 provided in paragraph (b) of Section 8 unless the arbitrator
1796	1796	17 renders a decision that the employee is not entitled to the
1797	1797	18 benefits that are the subject of the expedited hearing or
1798	1798	19 unless the employee's treating physician has released the
1799	1799	20 employee to return to work at his or her regular job with the
1800	1800	21 employer or the employee actually returns to work at any other
1801	1801	22 job. If the arbitrator renders a decision that the employee is
1802	1802	23 not entitled to the benefits that are the subject of the
1803	1803	24 expedited hearing, a petition for review filed by the employee
1804	1804	25 shall receive the same priority as if the employee had filed a
1805	1805	26 petition for an expedited hearing by an Arbitrator. Neither
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811	SB1503 - 49 - LRB104 08239 SPS 18289 b
1812	1812
1813	1813
1814	1814	SB1503- 50 -LRB104 08239 SPS 18289 b SB1503 - 50 - LRB104 08239 SPS 18289 b
1815	1815	SB1503 - 50 - LRB104 08239 SPS 18289 b
1816	1816	1 party shall be entitled to an expedited hearing when the
1817	1817	2 employee has returned to work and the sole issue in dispute
1818	1818	3 amounts to less than 12 weeks of unpaid compensation pursuant
1819	1819	4 to paragraph (b) of Section 8.
1820	1820	5 Expedited hearings shall have priority over all other
1821	1821	6 petitions and shall be heard by the Arbitrator and Commission
1822	1822	7 with all convenient speed. Any party requesting an expedited
1823	1823	8 hearing shall give notice of a request for an expedited
1824	1824	9 hearing under this paragraph. A copy of the Application for
1825	1825	10 Adjustment of Claim shall be attached to the notice. The
1826	1826	11 Commission shall adopt rules and procedures under which the
1827	1827	12 final decision of the Commission under this paragraph is filed
1828	1828	13 not later than 180 days from the date that the Petition for
1829	1829	14 Review is filed with the Commission.
1830	1830	15 Where 2 or more insurance carriers, private self-insureds,
1831	1831	16 or a group workers' compensation pool under Article V 3/4 of
1832	1832	17 the Illinois Insurance Code dispute coverage for the same
1833	1833	18 injury, any such insurance carrier, private self-insured, or
1834	1834	19 group workers' compensation pool may request an expedited
1835	1835	20 hearing pursuant to this paragraph to determine the issue of
1836	1836	21 coverage, provided coverage is the only issue in dispute and
1837	1837	22 all other issues are stipulated and agreed to and further
1838	1838	23 provided that all compensation benefits including medical
1839	1839	24 benefits pursuant to Section 8(a) continue to be paid to or on
1840	1840	25 behalf of petitioner. Any insurance carrier, private
1841	1841	26 self-insured, or group workers' compensation pool that is
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847	SB1503 - 50 - LRB104 08239 SPS 18289 b
1848	1848
1849	1849
1850	1850	SB1503- 51 -LRB104 08239 SPS 18289 b SB1503 - 51 - LRB104 08239 SPS 18289 b
1851	1851	SB1503 - 51 - LRB104 08239 SPS 18289 b
1852	1852	1 determined to be liable for coverage for the injury in issue
1853	1853	2 shall reimburse any insurance carrier, private self-insured,
1854	1854	3 or group workers' compensation pool that has paid benefits to
1855	1855	4 or on behalf of petitioner for the injury.
1856	1856	5 (b-1) If the employee is not receiving medical, surgical
1857	1857	6 or hospital services as provided in paragraph (a) of Section 8
1858	1858	7 or compensation as provided in paragraph (b) of Section 8, the
1859	1859	8 employee, in accordance with Commission Rules, may file a
1860	1860	9 petition for an emergency hearing by an Arbitrator on the
1861	1861	10 issue of whether or not he is entitled to receive payment of
1862	1862	11 such compensation or services as provided therein. Such
1863	1863	12 petition shall have priority over all other petitions and
1864	1864	13 shall be heard by the Arbitrator and Commission with all
1865	1865	14 convenient speed.
1866	1866	15 Such petition shall contain the following information and
1867	1867	16 shall be served on the employer at least 15 days before it is
1868	1868	17 filed:
1869	1869	18 (i) the date and approximate time of accident;
1870	1870	19 (ii) the approximate location of the accident;
1871	1871	20 (iii) a description of the accident;
1872	1872	21 (iv) the nature of the injury incurred by the
1873	1873	22 employee;
1874	1874	23 (v) the identity of the person, if known, to whom the
1875	1875	24 accident was reported and the date on which it was
1876	1876	25 reported;
1877	1877	26 (vi) the name and title of the person, if known,
1878	1878
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883	SB1503 - 51 - LRB104 08239 SPS 18289 b
1884	1884
1885	1885
1886	1886	SB1503- 52 -LRB104 08239 SPS 18289 b SB1503 - 52 - LRB104 08239 SPS 18289 b
1887	1887	SB1503 - 52 - LRB104 08239 SPS 18289 b
1888	1888	1 representing the employer with whom the employee conferred
1889	1889	2 in any effort to obtain compensation pursuant to paragraph
1890	1890	3 (b) of Section 8 of this Act or medical, surgical or
1891	1891	4 hospital services pursuant to paragraph (a) of Section 8
1892	1892	5 of this Act and the date of such conference;
1893	1893	6 (vii) a statement that the employer has refused to pay
1894	1894	7 compensation pursuant to paragraph (b) of Section 8 of
1895	1895	8 this Act or for medical, surgical or hospital services
1896	1896	9 pursuant to paragraph (a) of Section 8 of this Act;
1897	1897	10 (viii) the name and address, if known, of each witness
1898	1898	11 to the accident and of each other person upon whom the
1899	1899	12 employee will rely to support his allegations;
1900	1900	13 (ix) the dates of treatment related to the accident by
1901	1901	14 medical practitioners, and the names and addresses of such
1902	1902	15 practitioners, including the dates of treatment related to
1903	1903	16 the accident at any hospitals and the names and addresses
1904	1904	17 of such hospitals, and a signed authorization permitting
1905	1905	18 the employer to examine all medical records of all
1906	1906	19 practitioners and hospitals named pursuant to this
1907	1907	20 paragraph;
1908	1908	21 (x) a copy of a signed report by a medical
1909	1909	22 practitioner, relating to the employee's current inability
1910	1910	23 to return to work because of the injuries incurred as a
1911	1911	24 result of the accident or such other documents or
1912	1912	25 affidavits which show that the employee is entitled to
1913	1913	26 receive compensation pursuant to paragraph (b) of Section
1914	1914
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919	SB1503 - 52 - LRB104 08239 SPS 18289 b
1920	1920
1921	1921
1922	1922	SB1503- 53 -LRB104 08239 SPS 18289 b SB1503 - 53 - LRB104 08239 SPS 18289 b
1923	1923	SB1503 - 53 - LRB104 08239 SPS 18289 b
1924	1924	1 8 of this Act or medical, surgical or hospital services
1925	1925	2 pursuant to paragraph (a) of Section 8 of this Act. Such
1926	1926	3 reports, documents or affidavits shall state, if possible,
1927	1927	4 the history of the accident given by the employee, and
1928	1928	5 describe the injury and medical diagnosis, the medical
1929	1929	6 services for such injury which the employee has received
1930	1930	7 and is receiving, the physical activities which the
1931	1931	8 employee cannot currently perform as a result of any
1932	1932	9 impairment or disability due to such injury, and the
1933	1933	10 prognosis for recovery;
1934	1934	11 (xi) complete copies of any reports, records,
1935	1935	12 documents and affidavits in the possession of the employee
1936	1936	13 on which the employee will rely to support his
1937	1937	14 allegations, provided that the employer shall pay the
1938	1938	15 reasonable cost of reproduction thereof;
1939	1939	16 (xii) a list of any reports, records, documents and
1940	1940	17 affidavits which the employee has demanded by subpoena and
1941	1941	18 on which he intends to rely to support his allegations;
1942	1942	19 (xiii) a certification signed by the employee or his
1943	1943	20 representative that the employer has received the petition
1944	1944	21 with the required information 15 days before filing.
1945	1945	22 Fifteen days after receipt by the employer of the petition
1946	1946	23 with the required information the employee may file said
1947	1947	24 petition and required information and shall serve notice of
1948	1948	25 the filing upon the employer. The employer may file a motion
1949	1949	26 addressed to the sufficiency of the petition. If an objection
1950	1950
1951	1951
1952	1952
1953	1953
1954	1954
1955	1955	SB1503 - 53 - LRB104 08239 SPS 18289 b
1956	1956
1957	1957
1958	1958	SB1503- 54 -LRB104 08239 SPS 18289 b SB1503 - 54 - LRB104 08239 SPS 18289 b
1959	1959	SB1503 - 54 - LRB104 08239 SPS 18289 b
1960	1960	1 has been filed to the sufficiency of the petition, the
1961	1961	2 arbitrator shall rule on the objection within 2 working days.
1962	1962	3 If such an objection is filed, the time for filing the final
1963	1963	4 decision of the Commission as provided in this paragraph shall
1964	1964	5 be tolled until the arbitrator has determined that the
1965	1965	6 petition is sufficient.
1966	1966	7 The employer shall, within 15 days after receipt of the
1967	1967	8 notice that such petition is filed, file with the Commission
1968	1968	9 and serve on the employee or his representative a written
1969	1969	10 response to each claim set forth in the petition, including
1970	1970	11 the legal and factual basis for each disputed allegation and
1971	1971	12 the following information: (i) complete copies of any reports,
1972	1972	13 records, documents and affidavits in the possession of the
1973	1973	14 employer on which the employer intends to rely in support of
1974	1974	15 his response, (ii) a list of any reports, records, documents
1975	1975	16 and affidavits which the employer has demanded by subpoena and
1976	1976	17 on which the employer intends to rely in support of his
1977	1977	18 response, (iii) the name and address of each witness on whom
1978	1978	19 the employer will rely to support his response, and (iv) the
1979	1979	20 names and addresses of any medical practitioners selected by
1980	1980	21 the employer pursuant to Section 12 of this Act and the time
1981	1981	22 and place of any examination scheduled to be made pursuant to
1982	1982	23 such Section.
1983	1983	24 Any employer who does not timely file and serve a written
1984	1984	25 response without good cause may not introduce any evidence to
1985	1985	26 dispute any claim of the employee but may cross examine the
1986	1986
1987	1987
1988	1988
1989	1989
1990	1990
1991	1991	SB1503 - 54 - LRB104 08239 SPS 18289 b
1992	1992
1993	1993
1994	1994	SB1503- 55 -LRB104 08239 SPS 18289 b SB1503 - 55 - LRB104 08239 SPS 18289 b
1995	1995	SB1503 - 55 - LRB104 08239 SPS 18289 b
1996	1996	1 employee or any witness brought by the employee and otherwise
1997	1997	2 be heard.
1998	1998	3 No document or other evidence not previously identified by
1999	1999	4 either party with the petition or written response, or by any
2000	2000	5 other means before the hearing, may be introduced into
2001	2001	6 evidence without good cause. If, at the hearing, material
2002	2002	7 information is discovered which was not previously disclosed,
2003	2003	8 the Arbitrator may extend the time for closing proof on the
2004	2004	9 motion of a party for a reasonable period of time which may be
2005	2005	10 more than 30 days. No evidence may be introduced pursuant to
2006	2006	11 this paragraph as to permanent disability. No award may be
2007	2007	12 entered for permanent disability pursuant to this paragraph.
2008	2008	13 Either party may introduce into evidence the testimony taken
2009	2009	14 by deposition of any medical practitioner.
2010	2010	15 The Commission shall adopt rules, regulations and
2011	2011	16 procedures whereby the final decision of the Commission is
2012	2012	17 filed not later than 90 days from the date the petition for
2013	2013	18 review is filed but in no event later than 180 days from the
2014	2014	19 date the petition for an emergency hearing is filed with the
2015	2015	20 Illinois Workers' Compensation Commission.
2016	2016	21 All service required pursuant to this paragraph (b-1) must
2017	2017	22 be by personal service or by certified mail and with evidence
2018	2018	23 of receipt. In addition for the purposes of this paragraph,
2019	2019	24 all service on the employer must be at the premises where the
2020	2020	25 accident occurred if the premises are owned or operated by the
2021	2021	26 employer. Otherwise service must be at the employee's
2022	2022
2023	2023
2024	2024
2025	2025
2026	2026
2027	2027	SB1503 - 55 - LRB104 08239 SPS 18289 b
2028	2028
2029	2029
2030	2030	SB1503- 56 -LRB104 08239 SPS 18289 b SB1503 - 56 - LRB104 08239 SPS 18289 b
2031	2031	SB1503 - 56 - LRB104 08239 SPS 18289 b
2032	2032	1 principal place of employment by the employer. If service on
2033	2033	2 the employer is not possible at either of the above, then
2034	2034	3 service shall be at the employer's principal place of
2035	2035	4 business. After initial service in each case, service shall be
2036	2036	5 made on the employer's attorney or designated representative.
2037	2037	6 (c)(1) At a reasonable time in advance of and in
2038	2038	7 connection with the hearing under Section 19(e) or 19(h), the
2039	2039	8 Commission may on its own motion order an impartial physical
2040	2040	9 or mental examination of a petitioner whose mental or physical
2041	2041	10 condition is in issue, when in the Commission's discretion it
2042	2042	11 appears that such an examination will materially aid in the
2043	2043	12 just determination of the case. The examination shall be made
2044	2044	13 by a member or members of a panel of physicians chosen for
2045	2045	14 their special qualifications by the Illinois State Medical
2046	2046	15 Society. The Commission shall establish procedures by which a
2047	2047	16 physician shall be selected from such list.
2048	2048	17 (2) Should the Commission at any time during the hearing
2049	2049	18 find that compelling considerations make it advisable to have
2050	2050	19 an examination and report at that time, the commission may in
2051	2051	20 its discretion so order.
2052	2052	21 (3) A copy of the report of examination shall be given to
2053	2053	22 the Commission and to the attorneys for the parties.
2054	2054	23 (4) Either party or the Commission may call the examining
2055	2055	24 physician or physicians to testify. Any physician so called
2056	2056	25 shall be subject to cross-examination.
2057	2057	26 (5) The examination shall be made, and the physician or
2058	2058
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063	SB1503 - 56 - LRB104 08239 SPS 18289 b
2064	2064
2065	2065
2066	2066	SB1503- 57 -LRB104 08239 SPS 18289 b SB1503 - 57 - LRB104 08239 SPS 18289 b
2067	2067	SB1503 - 57 - LRB104 08239 SPS 18289 b
2068	2068	1 physicians, if called, shall testify, without cost to the
2069	2069	2 parties. The Commission shall determine the compensation and
2070	2070	3 the pay of the physician or physicians. The compensation for
2071	2071	4 this service shall not exceed the usual and customary amount
2072	2072	5 for such service.
2073	2073	6 (6) The fees and payment thereof of all attorneys and
2074	2074	7 physicians for services authorized by the Commission under
2075	2075	8 this Act shall, upon request of either the employer or the
2076	2076	9 employee or the beneficiary affected, be subject to the review
2077	2077	10 and decision of the Commission.
2078	2078	11 (d) If any employee shall persist in insanitary or
2079	2079	12 injurious practices which tend to either imperil or retard his
2080	2080	13 recovery or shall refuse to submit to such medical, surgical,
2081	2081	14 or hospital treatment as is reasonably essential to promote
2082	2082	15 his recovery, the Commission may, in its discretion, reduce or
2083	2083	16 suspend the compensation of any such injured employee.
2084	2084	17 However, when an employer and employee so agree in writing,
2085	2085	18 the foregoing provision shall not be construed to authorize
2086	2086	19 the reduction or suspension of compensation of an employee who
2087	2087	20 is relying in good faith, on treatment by prayer or spiritual
2088	2088	21 means alone, in accordance with the tenets and practice of a
2089	2089	22 recognized church or religious denomination, by a duly
2090	2090	23 accredited practitioner thereof.
2091	2091	24 (e) This paragraph shall apply to all hearings before the
2092	2092	25 Commission. Such hearings may be held in its office or
2093	2093	26 elsewhere as the Commission may deem advisable. The taking of
2094	2094
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099	SB1503 - 57 - LRB104 08239 SPS 18289 b
2100	2100
2101	2101
2102	2102	SB1503- 58 -LRB104 08239 SPS 18289 b SB1503 - 58 - LRB104 08239 SPS 18289 b
2103	2103	SB1503 - 58 - LRB104 08239 SPS 18289 b
2104	2104	1 testimony on such hearings may be had before any member of the
2105	2105	2 Commission. If a petition for review and agreed statement of
2106	2106	3 facts or transcript of evidence is filed, as provided herein,
2107	2107	4 the Commission shall promptly review the decision of the
2108	2108	5 Arbitrator and all questions of law or fact which appear from
2109	2109	6 the statement of facts or transcript of evidence.
2110	2110	7 In all cases in which the hearing before the arbitrator is
2111	2111	8 held after December 18, 1989, no additional evidence shall be
2112	2112	9 introduced by the parties before the Commission on review of
2113	2113	10 the decision of the Arbitrator. In reviewing decisions of an
2114	2114	11 arbitrator the Commission shall award such temporary
2115	2115	12 compensation, permanent compensation and other payments as are
2116	2116	13 due under this Act. The Commission shall file in its office its
2117	2117	14 decision thereon, and shall immediately send to each party or
2118	2118	15 his attorney a copy of such decision and a notification of the
2119	2119	16 time when it was filed. Decisions shall be filed within 60 days
2120	2120	17 after the Statement of Exceptions and Supporting Brief and
2121	2121	18 Response thereto are required to be filed or oral argument
2122	2122	19 whichever is later.
2123	2123	20 In the event either party requests oral argument, such
2124	2124	21 argument shall be had before a panel of 3 members of the
2125	2125	22 Commission (or before all available members pursuant to the
2126	2126	23 determination of 7 members of the Commission that such
2127	2127	24 argument be held before all available members of the
2128	2128	25 Commission) pursuant to the rules and regulations of the
2129	2129	26 Commission. A panel of 3 members, which shall be comprised of
2130	2130
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135	SB1503 - 58 - LRB104 08239 SPS 18289 b
2136	2136
2137	2137
2138	2138	SB1503- 59 -LRB104 08239 SPS 18289 b SB1503 - 59 - LRB104 08239 SPS 18289 b
2139	2139	SB1503 - 59 - LRB104 08239 SPS 18289 b
2140	2140	1 not more than one representative citizen of the employing
2141	2141	2 class and not more than one representative from a labor
2142	2142	3 organization recognized under the National Labor Relations Act
2143	2143	4 or an attorney who has represented labor organizations or has
2144	2144	5 represented employees in workers' compensation cases, shall
2145	2145	6 hear the argument; provided that if all the issues in dispute
2146	2146	7 are solely the nature and extent of the permanent partial
2147	2147	8 disability, if any, a majority of the panel may deny the
2148	2148	9 request for such argument and such argument shall not be held;
2149	2149	10 and provided further that 7 members of the Commission may
2150	2150	11 determine that the argument be held before all available
2151	2151	12 members of the Commission. A decision of the Commission shall
2152	2152	13 be approved by a majority of Commissioners present at such
2153	2153	14 hearing if any; provided, if no such hearing is held, a
2154	2154	15 decision of the Commission shall be approved by a majority of a
2155	2155	16 panel of 3 members of the Commission as described in this
2156	2156	17 Section. The Commission shall give 10 days' notice to the
2157	2157	18 parties or their attorneys of the time and place of such taking
2158	2158	19 of testimony and of such argument.
2159	2159	20 In any case the Commission in its decision may find
2160	2160	21 specially upon any question or questions of law or fact which
2161	2161	22 shall be submitted in writing by either party whether ultimate
2162	2162	23 or otherwise; provided that on issues other than nature and
2163	2163	24 extent of the disability, if any, the Commission in its
2164	2164	25 decision shall find specially upon any question or questions
2165	2165	26 of law or fact, whether ultimate or otherwise, which are
2166	2166
2167	2167
2168	2168
2169	2169
2170	2170
2171	2171	SB1503 - 59 - LRB104 08239 SPS 18289 b
2172	2172
2173	2173
2174	2174	SB1503- 60 -LRB104 08239 SPS 18289 b SB1503 - 60 - LRB104 08239 SPS 18289 b
2175	2175	SB1503 - 60 - LRB104 08239 SPS 18289 b
2176	2176	1 submitted in writing by either party; provided further that
2177	2177	2 not more than 5 such questions may be submitted by either
2178	2178	3 party. Any party may, within 20 days after receipt of notice of
2179	2179	4 the Commission's decision, or within such further time, not
2180	2180	5 exceeding 30 days, as the Commission may grant, file with the
2181	2181	6 Commission either an agreed statement of the facts appearing
2182	2182	7 upon the hearing, or, if such party shall so elect, a correct
2183	2183	8 transcript of evidence of the additional proceedings presented
2184	2184	9 before the Commission, in which report the party may embody a
2185	2185	10 correct statement of such other proceedings in the case as
2186	2186	11 such party may desire to have reviewed, such statement of
2187	2187	12 facts or transcript of evidence to be authenticated by the
2188	2188	13 signature of the parties or their attorneys, and in the event
2189	2189	14 that they do not agree, then the authentication of such
2190	2190	15 transcript of evidence shall be by the signature of any member
2191	2191	16 of the Commission.
2192	2192	17 If a reporter does not for any reason furnish a transcript
2193	2193	18 of the proceedings before the Arbitrator in any case for use on
2194	2194	19 a hearing for review before the Commission, within the
2195	2195	20 limitations of time as fixed in this Section, the Commission
2196	2196	21 may, in its discretion, order a trial de novo before the
2197	2197	22 Commission in such case upon application of either party. The
2198	2198	23 applications for adjustment of claim and other documents in
2199	2199	24 the nature of pleadings filed by either party, together with
2200	2200	25 the decisions of the Arbitrator and of the Commission and the
2201	2201	26 statement of facts or transcript of evidence hereinbefore
2202	2202
2203	2203
2204	2204
2205	2205
2206	2206
2207	2207	SB1503 - 60 - LRB104 08239 SPS 18289 b
2208	2208
2209	2209
2210	2210	SB1503- 61 -LRB104 08239 SPS 18289 b SB1503 - 61 - LRB104 08239 SPS 18289 b
2211	2211	SB1503 - 61 - LRB104 08239 SPS 18289 b
2212	2212	1 provided for in paragraphs (b) and (c) shall be the record of
2213	2213	2 the proceedings of the Commission, and shall be subject to
2214	2214	3 review as hereinafter provided.
2215	2215	4 At the request of either party or on its own motion, the
2216	2216	5 Commission shall set forth in writing the reasons for the
2217	2217	6 decision, including findings of fact and conclusions of law
2218	2218	7 separately stated. The Commission shall by rule adopt a format
2219	2219	8 for written decisions for the Commission and arbitrators. The
2220	2220	9 written decisions shall be concise and shall succinctly state
2221	2221	10 the facts and reasons for the decision. The Commission may
2222	2222	11 adopt in whole or in part, the decision of the arbitrator as
2223	2223	12 the decision of the Commission. When the Commission does so
2224	2224	13 adopt the decision of the arbitrator, it shall do so by order.
2225	2225	14 Whenever the Commission adopts part of the arbitrator's
2226	2226	15 decision, but not all, it shall include in the order the
2227	2227	16 reasons for not adopting all of the arbitrator's decision.
2228	2228	17 When a majority of a panel, after deliberation, has arrived at
2229	2229	18 its decision, the decision shall be filed as provided in this
2230	2230	19 Section without unnecessary delay, and without regard to the
2231	2231	20 fact that a member of the panel has expressed an intention to
2232	2232	21 dissent. Any member of the panel may file a dissent. Any
2233	2233	22 dissent shall be filed no later than 10 days after the decision
2234	2234	23 of the majority has been filed.
2235	2235	24 Decisions rendered by the Commission and dissents, if any,
2236	2236	25 shall be published together by the Commission. The conclusions
2237	2237	26 of law set out in such decisions shall be regarded as
2238	2238
2239	2239
2240	2240
2241	2241
2242	2242
2243	2243	SB1503 - 61 - LRB104 08239 SPS 18289 b
2244	2244
2245	2245
2246	2246	SB1503- 62 -LRB104 08239 SPS 18289 b SB1503 - 62 - LRB104 08239 SPS 18289 b
2247	2247	SB1503 - 62 - LRB104 08239 SPS 18289 b
2248	2248	1 precedents by arbitrators for the purpose of achieving a more
2249	2249	2 uniform administration of this Act.
2250	2250	3 (f) The decision of the Commission acting within its
2251	2251	4 powers, according to the provisions of paragraph (d) of
2252	2252	5 Section 4 and paragraph (e) of this Section shall, in the
2253	2253	6 absence of fraud, be conclusive unless reviewed as in this
2254	2254	7 paragraph hereinafter provided. However, the Arbitrator or the
2255	2255	8 Commission may on his or its own motion, or on the motion of
2256	2256	9 either party, correct any clerical error or errors in
2257	2257	10 computation within 15 days after the date of receipt of any
2258	2258	11 award by such Arbitrator or any decision on review of the
2259	2259	12 Commission and shall have the power to recall the original
2260	2260	13 award on arbitration or decision on review, and issue in lieu
2261	2261	14 thereof such corrected award or decision. Where such
2262	2262	15 correction is made the time for review herein specified shall
2263	2263	16 begin to run from the date of the receipt of the corrected
2264	2264	17 award or decision.
2265	2265	18 (1) Except in cases of claims against the State of
2266	2266	19 Illinois other than those claims under Section 18.1, in
2267	2267	20 which case the decision of the Commission shall not be
2268	2268	21 subject to judicial review, the Circuit Court of the
2269	2269	22 county where any of the parties defendant may be found, or
2270	2270	23 if none of the parties defendant can be found in this State
2271	2271	24 then the Circuit Court of the county where the accident
2272	2272	25 occurred, shall by summons to the Commission have power to
2273	2273	26 review all questions of law and fact presented by such
2274	2274
2275	2275
2276	2276
2277	2277
2278	2278
2279	2279	SB1503 - 62 - LRB104 08239 SPS 18289 b
2280	2280
2281	2281
2282	2282	SB1503- 63 -LRB104 08239 SPS 18289 b SB1503 - 63 - LRB104 08239 SPS 18289 b
2283	2283	SB1503 - 63 - LRB104 08239 SPS 18289 b
2284	2284	1 record.
2285	2285	2 A proceeding for review shall be commenced within 20
2286	2286	3 days of the receipt of notice of the decision of the
2287	2287	4 Commission. The summons shall be issued by the clerk of
2288	2288	5 such court upon written request returnable on a designated
2289	2289	6 return day, not less than 10 or more than 60 days from the
2290	2290	7 date of issuance thereof, and the written request shall
2291	2291	8 contain the last known address of other parties in
2292	2292	9 interest and their attorneys of record who are to be
2293	2293	10 served by summons. Service upon any member of the
2294	2294	11 Commission or the Secretary or the Assistant Secretary
2295	2295	12 thereof shall be service upon the Commission, and service
2296	2296	13 upon other parties in interest and their attorneys of
2297	2297	14 record shall be by summons, and such service shall be made
2298	2298	15 upon the Commission and other parties in interest by
2299	2299	16 mailing notices of the commencement of the proceedings and
2300	2300	17 the return day of the summons to the office of the
2301	2301	18 Commission and to the last known place of residence of
2302	2302	19 other parties in interest or their attorney or attorneys
2303	2303	20 of record. The clerk of the court issuing the summons
2304	2304	21 shall on the day of issue mail notice of the commencement
2305	2305	22 of the proceedings which shall be done by mailing a copy of
2306	2306	23 the summons to the office of the Commission, and a copy of
2307	2307	24 the summons to the other parties in interest or their
2308	2308	25 attorney or attorneys of record and the clerk of the court
2309	2309	26 shall make certificate that he has so sent said notices in
2310	2310
2311	2311
2312	2312
2313	2313
2314	2314
2315	2315	SB1503 - 63 - LRB104 08239 SPS 18289 b
2316	2316
2317	2317
2318	2318	SB1503- 64 -LRB104 08239 SPS 18289 b SB1503 - 64 - LRB104 08239 SPS 18289 b
2319	2319	SB1503 - 64 - LRB104 08239 SPS 18289 b
2320	2320	1 pursuance of this Section, which shall be evidence of
2321	2321	2 service on the Commission and other parties in interest.
2322	2322	3 The Commission shall not be required to certify the
2323	2323	4 record of their proceedings to the Circuit Court, unless
2324	2324	5 the party commencing the proceedings for review in the
2325	2325	6 Circuit Court as above provided, shall file with the
2326	2326	7 Commission notice of intent to file for review in Circuit
2327	2327	8 Court. It shall be the duty of the Commission upon such
2328	2328	9 filing of notice of intent to file for review in the
2329	2329	10 Circuit Court to prepare a true and correct copy of such
2330	2330	11 testimony and a true and correct copy of all other matters
2331	2331	12 contained in such record and certified to by the Secretary
2332	2332	13 or Assistant Secretary thereof. The changes made to this
2333	2333	14 subdivision (f)(1) by this amendatory Act of the 98th
2334	2334	15 General Assembly apply to any Commission decision entered
2335	2335	16 after the effective date of this amendatory Act of the
2336	2336	17 98th General Assembly.
2337	2337	18 No request for a summons may be filed and no summons
2338	2338	19 shall issue unless the party seeking to review the
2339	2339	20 decision of the Commission shall exhibit to the clerk of
2340	2340	21 the Circuit Court proof of filing with the Commission of
2341	2341	22 the notice of the intent to file for review in the Circuit
2342	2342	23 Court or an affidavit of the attorney setting forth that
2343	2343	24 notice of intent to file for review in the Circuit Court
2344	2344	25 has been given in writing to the Secretary or Assistant
2345	2345	26 Secretary of the Commission.
2346	2346
2347	2347
2348	2348
2349	2349
2350	2350
2351	2351	SB1503 - 64 - LRB104 08239 SPS 18289 b
2352	2352
2353	2353
2354	2354	SB1503- 65 -LRB104 08239 SPS 18289 b SB1503 - 65 - LRB104 08239 SPS 18289 b
2355	2355	SB1503 - 65 - LRB104 08239 SPS 18289 b
2356	2356	1 (2) No such summons shall issue unless the one against
2357	2357	2 whom the Commission shall have rendered an award for the
2358	2358	3 payment of money shall upon the filing of his written
2359	2359	4 request for such summons file with the clerk of the court a
2360	2360	5 bond conditioned that if he shall not successfully
2361	2361	6 prosecute the review, he will pay the award and the costs
2362	2362	7 of the proceedings in the courts. The amount of the bond
2363	2363	8 shall be fixed by any member of the Commission and the
2364	2364	9 surety or sureties of the bond shall be approved by the
2365	2365	10 clerk of the court. The acceptance of the bond by the clerk
2366	2366	11 of the court shall constitute evidence of his approval of
2367	2367	12 the bond.
2368	2368	13 The following shall not be required to file a bond to
2369	2369	14 secure the payment of the award and the costs of the
2370	2370	15 proceedings in the court to authorize the court to issue
2371	2371	16 such summons:
2372	2372	17 (1) the State Treasurer, for a fund administered
2373	2373	18 by the State Treasurer ex officio against whom the
2374	2374	19 Commission shall have rendered an award for the
2375	2375	20 payment of money; and
2376	2376	21 (2) a county, city, town, township, incorporated
2377	2377	22 village, school district, body politic, or municipal
2378	2378	23 corporation against whom the Commission shall have
2379	2379	24 rendered an award for the payment of money.
2380	2380	25 The court may confirm or set aside the decision of the
2381	2381	26 Commission. If the decision is set aside and the facts
2382	2382
2383	2383
2384	2384
2385	2385
2386	2386
2387	2387	SB1503 - 65 - LRB104 08239 SPS 18289 b
2388	2388
2389	2389
2390	2390	SB1503- 66 -LRB104 08239 SPS 18289 b SB1503 - 66 - LRB104 08239 SPS 18289 b
2391	2391	SB1503 - 66 - LRB104 08239 SPS 18289 b
2392	2392	1 found in the proceedings before the Commission are
2393	2393	2 sufficient, the court may enter such decision as is
2394	2394	3 justified by law, or may remand the cause to the
2395	2395	4 Commission for further proceedings and may state the
2396	2396	5 questions requiring further hearing, and give such other
2397	2397	6 instructions as may be proper. If the court affirms the
2398	2398	7 Commission's decision imposing fines on the employer under
2399	2399	8 subsection (d) of Section 4, the court shall enter
2400	2400	9 judgment against the employer in the amount of the fines
2401	2401	10 assessed by the Commission. Appeals shall be taken to the
2402	2402	11 Appellate Court in accordance with Supreme Court Rules
2403	2403	12 22(g) and 303. Appeals shall be taken from the Appellate
2404	2404	13 Court to the Supreme Court in accordance with Supreme
2405	2405	14 Court Rule 315.
2406	2406	15 It shall be the duty of the clerk of any court
2407	2407	16 rendering a decision affecting or affirming an award of
2408	2408	17 the Commission to promptly furnish the Commission with a
2409	2409	18 copy of such decision, without charge.
2410	2410	19 The decision of a majority of the members of the panel
2411	2411	20 of the Commission, shall be considered the decision of the
2412	2412	21 Commission.
2413	2413	22 (g) Except in the case of a claim against the State of
2414	2414	23 Illinois, either party may present a certified copy of the
2415	2415	24 award of the Arbitrator, or a certified copy of the decision of
2416	2416	25 the Commission when the same has become final, when no
2417	2417	26 proceedings for review are pending, providing for the payment
2418	2418
2419	2419
2420	2420
2421	2421
2422	2422
2423	2423	SB1503 - 66 - LRB104 08239 SPS 18289 b
2424	2424
2425	2425
2426	2426	SB1503- 67 -LRB104 08239 SPS 18289 b SB1503 - 67 - LRB104 08239 SPS 18289 b
2427	2427	SB1503 - 67 - LRB104 08239 SPS 18289 b
2428	2428	1 of compensation according to this Act, to the Circuit Court of
2429	2429	2 the county in which such accident occurred or either of the
2430	2430	3 parties are residents, whereupon the court shall enter a
2431	2431	4 judgment in accordance therewith. In a case where the employer
2432	2432	5 refuses to pay compensation according to such final award or
2433	2433	6 such final decision upon which such judgment is entered the
2434	2434	7 court shall in entering judgment thereon, tax as costs against
2435	2435	8 him the reasonable costs and attorney fees in the arbitration
2436	2436	9 proceedings and in the court entering the judgment for the
2437	2437	10 person in whose favor the judgment is entered, which judgment
2438	2438	11 and costs taxed as therein provided shall, until and unless
2439	2439	12 set aside, have the same effect as though duly entered in an
2440	2440	13 action duly tried and determined by the court, and shall with
2441	2441	14 like effect, be entered and docketed. The Circuit Court shall
2442	2442	15 have power at any time upon application to make any such
2443	2443	16 judgment conform to any modification required by any
2444	2444	17 subsequent decision of the Supreme Court upon appeal, or as
2445	2445	18 the result of any subsequent proceedings for review, as
2446	2446	19 provided in this Act.
2447	2447	20 Judgment shall not be entered until 15 days' notice of the
2448	2448	21 time and place of the application for the entry of judgment
2449	2449	22 shall be served upon the employer by filing such notice with
2450	2450	23 the Commission, which Commission shall, in case it has on file
2451	2451	24 the address of the employer or the name and address of its
2452	2452	25 agent upon whom notices may be served, immediately send a copy
2453	2453	26 of the notice to the employer or such designated agent.
2454	2454
2455	2455
2456	2456
2457	2457
2458	2458
2459	2459	SB1503 - 67 - LRB104 08239 SPS 18289 b
2460	2460
2461	2461
2462	2462	SB1503- 68 -LRB104 08239 SPS 18289 b SB1503 - 68 - LRB104 08239 SPS 18289 b
2463	2463	SB1503 - 68 - LRB104 08239 SPS 18289 b
2464	2464	1 (h) An agreement or award under this Act providing for
2465	2465	2 compensation in installments, may at any time within 18 months
2466	2466	3 after such agreement or award be reviewed by the Commission at
2467	2467	4 the request of either the employer or the employee, on the
2468	2468	5 ground that the disability of the employee has subsequently
2469	2469	6 recurred, increased, diminished or ended.
2470	2470	7 However, as to accidents occurring subsequent to July 1,
2471	2471	8 1955, which are covered by any agreement or award under this
2472	2472	9 Act providing for compensation in installments made as a
2473	2473	10 result of such accident, such agreement or award may at any
2474	2474	11 time within 30 months, or 60 months in the case of an award
2475	2475	12 under Section 8(d)1, after such agreement or award be reviewed
2476	2476	13 by the Commission at the request of either the employer or the
2477	2477	14 employee on the ground that the disability of the employee has
2478	2478	15 subsequently recurred, increased, diminished or ended.
2479	2479	16 On such review, compensation payments may be
2480	2480	17 re-established, increased, diminished or ended. The Commission
2481	2481	18 shall give 15 days' notice to the parties of the hearing for
2482	2482	19 review. Any employee, upon any petition for such review being
2483	2483	20 filed by the employer, shall be entitled to one day's notice
2484	2484	21 for each 100 miles necessary to be traveled by him in attending
2485	2485	22 the hearing of the Commission upon the petition, and 3 days in
2486	2486	23 addition thereto. Such employee shall, at the discretion of
2487	2487	24 the Commission, also be entitled to 5 cents per mile
2488	2488	25 necessarily traveled by him within the State of Illinois in
2489	2489	26 attending such hearing, not to exceed a distance of 300 miles,
2490	2490
2491	2491
2492	2492
2493	2493
2494	2494
2495	2495	SB1503 - 68 - LRB104 08239 SPS 18289 b
2496	2496
2497	2497
2498	2498	SB1503- 69 -LRB104 08239 SPS 18289 b SB1503 - 69 - LRB104 08239 SPS 18289 b
2499	2499	SB1503 - 69 - LRB104 08239 SPS 18289 b
2500	2500	1 to be taxed by the Commission as costs and deposited with the
2501	2501	2 petition of the employer.
2502	2502	3 When compensation which is payable in accordance with an
2503	2503	4 award or settlement contract approved by the Commission, is
2504	2504	5 ordered paid in a lump sum by the Commission, no review shall
2505	2505	6 be had as in this paragraph mentioned.
2506	2506	7 (i) Each party, upon taking any proceedings or steps
2507	2507	8 whatsoever before any Arbitrator, Commission or court, shall
2508	2508	9 file with the Commission his address, or the name and address
2509	2509	10 of any agent upon whom all notices to be given to such party
2510	2510	11 shall be served, either personally or by registered mail,
2511	2511	12 addressed to such party or agent at the last address so filed
2512	2512	13 with the Commission. In the event such party has not filed his
2513	2513	14 address, or the name and address of an agent as above provided,
2514	2514	15 service of any notice may be had by filing such notice with the
2515	2515	16 Commission.
2516	2516	17 (j) Whenever in any proceeding testimony has been taken or
2517	2517	18 a final decision has been rendered and after the taking of such
2518	2518	19 testimony or after such decision has become final, the injured
2519	2519	20 employee dies, then in any subsequent proceedings brought by
2520	2520	21 the personal representative or beneficiaries of the deceased
2521	2521	22 employee, such testimony in the former proceeding may be
2522	2522	23 introduced with the same force and effect as though the
2523	2523	24 witness having so testified were present in person in such
2524	2524	25 subsequent proceedings and such final decision, if any, shall
2525	2525	26 be taken as final adjudication of any of the issues which are
2526	2526
2527	2527
2528	2528
2529	2529
2530	2530
2531	2531	SB1503 - 69 - LRB104 08239 SPS 18289 b
2532	2532
2533	2533
2534	2534	SB1503- 70 -LRB104 08239 SPS 18289 b SB1503 - 70 - LRB104 08239 SPS 18289 b
2535	2535	SB1503 - 70 - LRB104 08239 SPS 18289 b
2536	2536	1 the same in both proceedings.
2537	2537	2 (k) In case where there has been any unreasonable or
2538	2538	3 vexatious delay of payment or intentional underpayment of
2539	2539	4 compensation, or proceedings have been instituted or carried
2540	2540	5 on by the one liable to pay the compensation, which do not
2541	2541	6 present a real controversy, but are merely frivolous or for
2542	2542	7 delay, then the Commission may award compensation additional
2543	2543	8 to that otherwise payable under this Act equal to 50% of the
2544	2544	9 amount payable at the time of such award. Failure to pay
2545	2545	10 compensation in accordance with the provisions of Section 8,
2546	2546	11 paragraph (b) of this Act, shall be considered unreasonable
2547	2547	12 delay.
2548	2548	13 When determining whether this subsection (k) shall apply,
2549	2549	14 the Commission shall consider whether an Arbitrator has
2550	2550	15 determined that the claim is not compensable or whether the
2551	2551	16 employer has made payments under Section 8(j).
2552	2552	17 (l) If the employee has made written demand for payment of
2553	2553	18 benefits under Section 8(a) or Section 8(b), the employer
2554	2554	19 shall have 14 days after receipt of the demand to set forth in
2555	2555	20 writing the reason for the delay. In the case of demand for
2556	2556	21 payment of medical benefits under Section 8(a), the time for
2557	2557	22 the employer to respond shall not commence until the
2558	2558	23 expiration of the allotted 30 days specified under Section
2559	2559	24 8.2(d). In case the employer or his or her insurance carrier
2560	2560	25 shall without good and just cause fail, neglect, refuse, or
2561	2561	26 unreasonably delay the payment of benefits under Section 8(a)
2562	2562
2563	2563
2564	2564
2565	2565
2566	2566
2567	2567	SB1503 - 70 - LRB104 08239 SPS 18289 b
2568	2568
2569	2569
2570	2570	SB1503- 71 -LRB104 08239 SPS 18289 b SB1503 - 71 - LRB104 08239 SPS 18289 b
2571	2571	SB1503 - 71 - LRB104 08239 SPS 18289 b
2572	2572	1 or Section 8(b), the Arbitrator or the Commission shall allow
2573	2573	2 to the employee additional compensation in the sum of $30 per
2574	2574	3 day for each day that the benefits under Section 8(a) or
2575	2575	4 Section 8(b) have been so withheld or refused, not to exceed
2576	2576	5 $10,000. A delay in payment of 14 days or more shall create a
2577	2577	6 rebuttable presumption of unreasonable delay.
2578	2578	7 (m) If the commission finds that an accidental injury was
2579	2579	8 directly and proximately caused by the employer's wilful
2580	2580	9 violation of a health and safety standard under the Health and
2581	2581	10 Safety Act or the Occupational Safety and Health Act in force
2582	2582	11 at the time of the accident, the arbitrator or the Commission
2583	2583	12 shall allow to the injured employee or his dependents, as the
2584	2584	13 case may be, additional compensation equal to 25% of the
2585	2585	14 amount which otherwise would be payable under the provisions
2586	2586	15 of this Act exclusive of this paragraph. The additional
2587	2587	16 compensation herein provided shall be allowed by an
2588	2588	17 appropriate increase in the applicable weekly compensation
2589	2589	18 rate.
2590	2590	19 (n) After June 30, 1984, decisions of the Illinois
2591	2591	20 Workers' Compensation Commission reviewing an award of an
2592	2592	21 arbitrator of the Commission shall draw interest at a rate
2593	2593	22 equal to the yield on indebtedness issued by the United States
2594	2594	23 Government with a 26-week maturity next previously auctioned
2595	2595	24 on the day on which the decision is filed. Said rate of
2596	2596	25 interest shall be set forth in the Arbitrator's Decision.
2597	2597	26 Interest shall be drawn from the date of the arbitrator's
2598	2598
2599	2599
2600	2600
2601	2601
2602	2602
2603	2603	SB1503 - 71 - LRB104 08239 SPS 18289 b
2604	2604
2605	2605
2606	2606	SB1503- 72 -LRB104 08239 SPS 18289 b SB1503 - 72 - LRB104 08239 SPS 18289 b
2607	2607	SB1503 - 72 - LRB104 08239 SPS 18289 b
2608	2608	1 award on all accrued compensation due the employee through the
2609	2609	2 day prior to the date of payments. However, when an employee
2610	2610	3 appeals an award of an Arbitrator or the Commission, and the
2611	2611	4 appeal results in no change or a decrease in the award,
2612	2612	5 interest shall not further accrue from the date of such
2613	2613	6 appeal.
2614	2614	7 The employer or his insurance carrier may tender the
2615	2615	8 payments due under the award to stop the further accrual of
2616	2616	9 interest on such award notwithstanding the prosecution by
2617	2617	10 either party of review, certiorari, appeal to the Supreme
2618	2618	11 Court or other steps to reverse, vacate or modify the award.
2619	2619	12 (o) By the 15th day of each month each insurer providing
2620	2620	13 coverage for losses under this Act shall notify each insured
2621	2621	14 employer of any compensable claim incurred during the
2622	2622	15 preceding month and the amounts paid or reserved on the claim
2623	2623	16 including a summary of the claim and a brief statement of the
2624	2624	17 reasons for compensability. A cumulative report of all claims
2625	2625	18 incurred during a calendar year or continued from the previous
2626	2626	19 year shall be furnished to the insured employer by the insurer
2627	2627	20 within 30 days after the end of that calendar year.
2628	2628	21 The insured employer may challenge, in proceeding before
2629	2629	22 the Commission, payments made by the insurer without
2630	2630	23 arbitration and payments made after a case is determined to be
2631	2631	24 noncompensable. If the Commission finds that the case was not
2632	2632	25 compensable, the insurer shall purge its records as to that
2633	2633	26 employer of any loss or expense associated with the claim,
2634	2634
2635	2635
2636	2636
2637	2637
2638	2638
2639	2639	SB1503 - 72 - LRB104 08239 SPS 18289 b
2640	2640
2641	2641
2642	2642	SB1503- 73 -LRB104 08239 SPS 18289 b SB1503 - 73 - LRB104 08239 SPS 18289 b
2643	2643	SB1503 - 73 - LRB104 08239 SPS 18289 b
2644	2644	1 reimburse the employer for attorneys' fees arising from the
2645	2645	2 challenge and for any payment required of the employer to the
2646	2646	3 Rate Adjustment Fund or the Second Injury Fund, and may not
2647	2647	4 reflect the loss or expense for rate making purposes. The
2648	2648	5 employee shall not be required to refund the challenged
2649	2649	6 payment. The decision of the Commission may be reviewed in the
2650	2650	7 same manner as in arbitrated cases. No challenge may be
2651	2651	8 initiated under this paragraph more than 3 years after the
2652	2652	9 payment is made. An employer may waive the right of challenge
2653	2653	10 under this paragraph on a case by case basis.
2654	2654	11 (p) After filing an application for adjustment of claim
2655	2655	12 but prior to the hearing on arbitration the parties may
2656	2656	13 voluntarily agree to submit such application for adjustment of
2657	2657	14 claim for decision by an arbitrator under this subsection (p)
2658	2658	15 where such application for adjustment of claim raises only a
2659	2659	16 dispute over temporary total disability, permanent partial
2660	2660	17 disability or medical expenses. Such agreement shall be in
2661	2661	18 writing in such form as provided by the Commission.
2662	2662	19 Applications for adjustment of claim submitted for decision by
2663	2663	20 an arbitrator under this subsection (p) shall proceed
2664	2664	21 according to rule as established by the Commission. The
2665	2665	22 Commission shall promulgate rules including, but not limited
2666	2666	23 to, rules to ensure that the parties are adequately informed
2667	2667	24 of their rights under this subsection (p) and of the voluntary
2668	2668	25 nature of proceedings under this subsection (p). The findings
2669	2669	26 of fact made by an arbitrator acting within his or her powers
2670	2670
2671	2671
2672	2672
2673	2673
2674	2674
2675	2675	SB1503 - 73 - LRB104 08239 SPS 18289 b
2676	2676
2677	2677
2678	2678	SB1503- 74 -LRB104 08239 SPS 18289 b SB1503 - 74 - LRB104 08239 SPS 18289 b
2679	2679	SB1503 - 74 - LRB104 08239 SPS 18289 b
2680	2680	1 under this subsection (p) in the absence of fraud shall be
2681	2681	2 conclusive. However, the arbitrator may on his own motion, or
2682	2682	3 the motion of either party, correct any clerical errors or
2683	2683	4 errors in computation within 15 days after the date of receipt
2684	2684	5 of such award of the arbitrator and shall have the power to
2685	2685	6 recall the original award on arbitration, and issue in lieu
2686	2686	7 thereof such corrected award. The decision of the arbitrator
2687	2687	8 under this subsection (p) shall be considered the decision of
2688	2688	9 the Commission and proceedings for review of questions of law
2689	2689	10 arising from the decision may be commenced by either party
2690	2690	11 pursuant to subsection (f) of Section 19. The Advisory Board
2691	2691	12 established under Section 13.1 shall compile a list of
2692	2692	13 certified Commission arbitrators, each of whom shall be
2693	2693	14 approved by at least 7 members of the Advisory Board. The
2694	2694	15 chairman shall select 5 persons from such list to serve as
2695	2695	16 arbitrators under this subsection (p). By agreement, the
2696	2696	17 parties shall select one arbitrator from among the 5 persons
2697	2697	18 selected by the chairman except that if the parties do not
2698	2698	19 agree on an arbitrator from among the 5 persons, the parties
2699	2699	20 may, by agreement, select an arbitrator of the American
2700	2700	21 Arbitration Association, whose fee shall be paid by the State
2701	2701	22 in accordance with rules promulgated by the Commission.
2702	2702	23 Arbitration under this subsection (p) shall be voluntary.
2703	2703	24 (q) Within 60 days after receipt of service of notice of
2704	2704	25 preliminary proceedings before an Arbitrator, an employer
2705	2705	26 shall disclose documents sufficient to calculate a
2706	2706
2707	2707
2708	2708
2709	2709
2710	2710
2711	2711	SB1503 - 74 - LRB104 08239 SPS 18289 b
2712	2712
2713	2713
2714	2714	SB1503- 75 -LRB104 08239 SPS 18289 b SB1503 - 75 - LRB104 08239 SPS 18289 b
2715	2715	SB1503 - 75 - LRB104 08239 SPS 18289 b
2716	2716
2717	2717
2718	2718
2719	2719
2720	2720
2721	2721	SB1503 - 75 - LRB104 08239 SPS 18289 b