Bill Text: IL HB2301 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Civil Administrative Code of Illinois, the Workers' Compensation Act, and the Workers' Occupational Diseases Act. Replaces "employee class" and related terms with "representative of a labor organization recognized under the National Labor Relations Act".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0384 [HB2301 Detail]

Download: Illinois-2019-HB2301-Chaptered.html



Public Act 101-0384
HB2301 EnrolledLRB101 08580 TAE 53659 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Sections 5-125, 5-155, and 5-540 as
follows:
(20 ILCS 5/5-125) (was 20 ILCS 5/5.13i)
Sec. 5-125. In the Department of Employment Security. The
board of review, which shall consist of 5 members, 2 of whom
shall be representatives of a labor organization recognized
under the National Labor Relations Act representative citizens
chosen from the employee class, 2 of whom shall be
representative citizens chosen from the employing class, and
one of whom shall be a representative citizen not identified
with either the employing class or a labor organization
employee classes.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-155) (was 20 ILCS 5/5.04)
Sec. 5-155. In the Office of Mines and Minerals of the
Department of Natural Resources. In the Office of Mines and
Minerals of the Department of Natural Resources, there shall be
a State Mining Board, which shall consist of 6 officers
designated as mine officers and the Director of the Office of
Mines and Minerals. Three officers shall be representatives of
the employing class and 3 officers shall be chosen from a labor
organization recognized under the National Labor Relations Act
representing coal miners of the employee class. The 6 mine
officers shall be qualified as follows:
(1) Two mine officers from the employing class shall
have at least 4 years' years experience in a supervisory
capacity in an underground coal mine and each shall hold a
certificate of competency as an Illinois a mine examiner or
Illinois mine manager.
(2) The third mine officer from the employing class
shall have at least 4 years' years experience in a
supervisory capacity in a surface coal mine.
(3) Two mine officers chosen from a labor organization
representing coal miners from the employee class shall have
4 years experience in an underground coal mine and shall
hold certificates a first class certificate of competency
as an Illinois mine examiner.
(4) The third mine officer chosen from a labor
organization representing coal miners from the employee
class shall have at least 4 years experience in a surface
coal mine.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-540) (was 20 ILCS 5/6.28 and 5/7.01)
Sec. 5-540. In the Department of Employment Security. An
Employment Security Advisory Board, composed of 12 persons. Of
the 12 members of the Employment Security Advisory Board, 4
members shall be chosen from a labor organization recognized
under the National Labor Relations Act representative citizens
chosen from the employee class, 4 members shall be
representative citizens chosen from the employing class, and 4
members shall be representative citizens not identified with
either the employing class or a labor organization the employee
class.
(Source: P.A. 93-634, eff. 1-1-04.)
Section 7. The Coal Mining Act is amended by changing
Sections 8.02 and 8.03 as follows:
(225 ILCS 705/8.02) (from Ch. 96 1/2, par. 802)
Sec. 8.02. There is created in the Department of Natural
Resources, Office of Mines and Minerals, a Miners' Examining
Board which shall consist of 4 four miners' examining officers
to be appointed by the Governor, 2 of whom must be from a labor
organization recognized under the National Labor Relations Act
representing coal miners, for a term of 2 years and until their
successors are appointed and qualified. Terms of office shall
commence on the third Monday in January in each odd-numbered
year. Three of such officers shall constitute a quorum.
This amendatory Act of 1995 does not affect the terms of
members of the Miners' Examining Board holding office on the
effective date of this amendatory Act of 1995.
A complete record of the proceedings and acts of the
Miners' Examining Board shall be kept and preserved. Said
officers shall hold no other lucrative office or employment
under the government of the United States, State of Illinois,
or any political division thereof or any municipal corporation
therein and each such officer before entering upon the duties
of his office shall subscribe and take the oath prescribed by
the Constitution of this State, and shall before entering upon
the duties of his office give a bond with sufficient surety to
be approved by the Governor, payable to the People of the State
of Illinois in the penal sum of $5,000, conditioned for the
faithful discharge of the duties of office and the delivery of
all records, books, moneys, and other property pertaining to
his successor in office, which said bond shall be deposited in
the office of the Secretary of State. Vacancies shall be filled
by appointment as provided herein for the balance of the
unexpired term.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 705/8.03) (from Ch. 96 1/2, par. 803)
Sec. 8.03. No person shall be appointed to the Miners'
Examining Board who has not had at least 5 years' practical and
continuous experience as an underground a coal miner. The
members of the Miners' Examining Board shall hold certificates
of competency as an Illinois mine examiner. Two of the members
of the Miners' Examining Board shall be representatives of a
labor organization recognized under the National Labor
Relations Act representing coal miners. Two of the members of
the Miners' Examining Board shall be from the employing class. ,
and who has not been actually engaged in coal mining as a miner
in the State of Illinois continuously for 12 months next
preceding his appointment; except that a miners' examining
officer may be appointed to succeed himself.
(Source: Laws 1953, p. 701.)
Section 10. The Workers' Compensation Act is amended by
changing Sections 4, 8.3, 13, 13.1, and 19 as follows:
(820 ILCS 305/4) (from Ch. 48, par. 138.4)
Sec. 4. (a) Any employer, including but not limited to
general contractors and their subcontractors, who shall come
within the provisions of Section 3 of this Act, and any other
employer who shall elect to provide and pay the compensation
provided for in this Act shall:
(1) File with the Commission annually an application
for approval as a self-insurer which shall include a
current financial statement, and annually, thereafter, an
application for renewal of self-insurance, which shall
include a current financial statement. Said application
and financial statement shall be signed and sworn to by the
president or vice president and secretary or assistant
secretary of the employer if it be a corporation, or by all
of the partners, if it be a copartnership, or by the owner
if it be neither a copartnership nor a corporation. All
initial applications and all applications for renewal of
self-insurance must be submitted at least 60 days prior to
the requested effective date of self-insurance. An
employer may elect to provide and pay compensation as
provided for in this Act as a member of a group workers'
compensation pool under Article V 3/4 of the Illinois
Insurance Code. If an employer becomes a member of a group
workers' compensation pool, the employer shall not be
relieved of any obligations imposed by this Act.
If the sworn application and financial statement of any
such employer does not satisfy the Commission of the
financial ability of the employer who has filed it, the
Commission shall require such employer to,
(2) Furnish security, indemnity or a bond guaranteeing
the payment by the employer of the compensation provided
for in this Act, provided that any such employer whose
application and financial statement shall not have
satisfied the commission of his or her financial ability
and who shall have secured his liability in part by excess
liability insurance shall be required to furnish to the
Commission security, indemnity or bond guaranteeing his or
her payment up to the effective limits of the excess
coverage, or
(3) Insure his entire liability to pay such
compensation in some insurance carrier authorized,
licensed, or permitted to do such insurance business in
this State. Every policy of an insurance carrier, insuring
the payment of compensation under this Act shall cover all
the employees and the entire compensation liability of the
insured: Provided, however, that any employer may insure
his or her compensation liability with 2 or more insurance
carriers or may insure a part and qualify under subsection
1, 2, or 4 for the remainder of his or her liability to pay
such compensation, subject to the following two
provisions:
Firstly, the entire compensation liability of the
employer to employees working at or from one location
shall be insured in one such insurance carrier or shall
be self-insured, and
Secondly, the employer shall submit evidence
satisfactorily to the Commission that his or her entire
liability for the compensation provided for in this Act
will be secured. Any provisions in any policy, or in
any endorsement attached thereto, attempting to limit
or modify in any way, the liability of the insurance
carriers issuing the same except as otherwise provided
herein shall be wholly void.
Nothing herein contained shall apply to policies of
excess liability carriage secured by employers who have
been approved by the Commission as self-insurers, or
(4) Make some other provision, satisfactory to the
Commission, for the securing of the payment of compensation
provided for in this Act, and
(5) Upon becoming subject to this Act and thereafter as
often as the Commission may in writing demand, file with
the Commission in form prescribed by it evidence of his or
her compliance with the provision of this Section.
(a-1) Regardless of its state of domicile or its principal
place of business, an employer shall make payments to its
insurance carrier or group self-insurance fund, where
applicable, based upon the premium rates of the situs where the
work or project is located in Illinois if:
(A) the employer is engaged primarily in the building
and construction industry; and
(B) subdivision (a)(3) of this Section applies to the
employer or the employer is a member of a group
self-insurance plan as defined in subsection (1) of Section
4a.
The Illinois Workers' Compensation Commission shall impose
a penalty upon an employer for violation of this subsection
(a-1) if:
(i) the employer is given an opportunity at a hearing
to present evidence of its compliance with this subsection
(a-1); and
(ii) after the hearing, the Commission finds that the
employer failed to make payments upon the premium rates of
the situs where the work or project is located in Illinois.
The penalty shall not exceed $1,000 for each day of work
for which the employer failed to make payments upon the premium
rates of the situs where the work or project is located in
Illinois, but the total penalty shall not exceed $50,000 for
each project or each contract under which the work was
performed.
Any penalty under this subsection (a-1) must be imposed not
later than one year after the expiration of the applicable
limitation period specified in subsection (d) of Section 6 of
this Act. Penalties imposed under this subsection (a-1) shall
be deposited into the Illinois Workers' Compensation
Commission Operations Fund, a special fund that is created in
the State treasury. Subject to appropriation, moneys in the
Fund shall be used solely for the operations of the Illinois
Workers' Compensation Commission and by the Department of
Insurance for the purposes authorized in subsection (c) of
Section 25.5 of this Act.
(a-2) Every Employee Leasing Company (ELC), as defined in
Section 15 of the Employee Leasing Company Act, shall at a
minimum provide the following information to the Commission or
any entity designated by the Commission regarding each workers'
compensation insurance policy issued to the ELC:
(1) Any client company of the ELC listed as an
additional named insured.
(2) Any informational schedule attached to the master
policy that identifies any individual client company's
name, FEIN, and job location.
(3) Any certificate of insurance coverage document
issued to a client company specifying its rights and
obligations under the master policy that establishes both
the identity and status of the client, as well as the dates
of inception and termination of coverage, if applicable.
(b) The sworn application and financial statement, or
security, indemnity or bond, or amount of insurance, or other
provisions, filed, furnished, carried, or made by the employer,
as the case may be, shall be subject to the approval of the
Commission.
Deposits under escrow agreements shall be cash, negotiable
United States government bonds or negotiable general
obligation bonds of the State of Illinois. Such cash or bonds
shall be deposited in escrow with any State or National Bank or
Trust Company having trust authority in the State of Illinois.
Upon the approval of the sworn application and financial
statement, security, indemnity or bond or amount of insurance,
filed, furnished or carried, as the case may be, the Commission
shall send to the employer written notice of its approval
thereof. The certificate of compliance by the employer with the
provisions of subparagraphs (2) and (3) of paragraph (a) of
this Section shall be delivered by the insurance carrier to the
Illinois Workers' Compensation Commission within five days
after the effective date of the policy so certified. The
insurance so certified shall cover all compensation liability
occurring during the time that the insurance is in effect and
no further certificate need be filed in case such insurance is
renewed, extended or otherwise continued by such carrier. The
insurance so certified shall not be cancelled or in the event
that such insurance is not renewed, extended or otherwise
continued, such insurance shall not be terminated until at
least 10 days after receipt by the Illinois Workers'
Compensation Commission of notice of the cancellation or
termination of said insurance; provided, however, that if the
employer has secured insurance from another insurance carrier,
or has otherwise secured the payment of compensation in
accordance with this Section, and such insurance or other
security becomes effective prior to the expiration of the 10
days, cancellation or termination may, at the option of the
insurance carrier indicated in such notice, be effective as of
the effective date of such other insurance or security.
(c) Whenever the Commission shall find that any
corporation, company, association, aggregation of individuals,
reciprocal or interinsurers exchange, or other insurer
effecting workers' compensation insurance in this State shall
be insolvent, financially unsound, or unable to fully meet all
payments and liabilities assumed or to be assumed for
compensation insurance in this State, or shall practice a
policy of delay or unfairness toward employees in the
adjustment, settlement, or payment of benefits due such
employees, the Commission may after reasonable notice and
hearing order and direct that such corporation, company,
association, aggregation of individuals, reciprocal or
interinsurers exchange, or insurer, shall from and after a date
fixed in such order discontinue the writing of any such
workers' compensation insurance in this State. Subject to such
modification of the order as the Commission may later make on
review of the order, as herein provided, it shall thereupon be
unlawful for any such corporation, company, association,
aggregation of individuals, reciprocal or interinsurers
exchange, or insurer to effect any workers' compensation
insurance in this State. A copy of the order shall be served
upon the Director of Insurance by registered mail. Whenever the
Commission finds that any service or adjustment company used or
employed by a self-insured employer or by an insurance carrier
to process, adjust, investigate, compromise or otherwise
handle claims under this Act, has practiced or is practicing a
policy of delay or unfairness toward employees in the
adjustment, settlement or payment of benefits due such
employees, the Commission may after reasonable notice and
hearing order and direct that such service or adjustment
company shall from and after a date fixed in such order be
prohibited from processing, adjusting, investigating,
compromising or otherwise handling claims under this Act.
Whenever the Commission finds that any self-insured
employer has practiced or is practicing delay or unfairness
toward employees in the adjustment, settlement or payment of
benefits due such employees, the Commission may, after
reasonable notice and hearing, order and direct that after a
date fixed in the order such self-insured employer shall be
disqualified to operate as a self-insurer and shall be required
to insure his entire liability to pay compensation in some
insurance carrier authorized, licensed and permitted to do such
insurance business in this State, as provided in subparagraph 3
of paragraph (a) of this Section.
All orders made by the Commission under this Section shall
be subject to review by the courts, said review to be taken in
the same manner and within the same time as provided by Section
19 of this Act for review of awards and decisions of the
Commission, upon the party seeking the review filing with the
clerk of the court to which said review is taken a bond in an
amount to be fixed and approved by the court to which the
review is taken, conditioned upon the payment of all
compensation awarded against the person taking said review
pending a decision thereof and further conditioned upon such
other obligations as the court may impose. Upon the review the
Circuit Court shall have power to review all questions of fact
as well as of law. The penalty hereinafter provided for in this
paragraph shall not attach and shall not begin to run until the
final determination of the order of the Commission.
(d) Whenever a panel of 3 Commissioners comprised of one
member of the employing class, one representative of a labor
organization recognized under the National Labor Relations Act
or an attorney who has represented labor organizations or has
represented employees in workers' compensation cases member of
the employee class, and one member not identified with either
the employing class or a labor organization or employee class,
with due process and after a hearing, determines an employer
has knowingly failed to provide coverage as required by
paragraph (a) of this Section, the failure shall be deemed an
immediate serious danger to public health, safety, and welfare
sufficient to justify service by the Commission of a work-stop
order on such employer, requiring the cessation of all business
operations of such employer at the place of employment or job
site. Any law enforcement agency in the State shall, at the
request of the Commission, render any assistance necessary to
carry out the provisions of this Section, including, but not
limited to, preventing any employee of such employer from
remaining at a place of employment or job site after a
work-stop order has taken effect. Any work-stop order shall be
lifted upon proof of insurance as required by this Act. Any
orders under this Section are appealable under Section 19(f) to
the Circuit Court.
Any individual employer, corporate officer or director of a
corporate employer, partner of an employer partnership, or
member of an employer limited liability company who knowingly
fails to provide coverage as required by paragraph (a) of this
Section is guilty of a Class 4 felony. This provision shall not
apply to any corporate officer or director of any
publicly-owned corporation. Each day's violation constitutes a
separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General, shall bring
such actions in the name of the People of the State of
Illinois, or may, in addition to other remedies provided in
this Section, bring an action for an injunction to restrain the
violation or to enjoin the operation of any such employer.
Any individual employer, corporate officer or director of a
corporate employer, partner of an employer partnership, or
member of an employer limited liability company who negligently
fails to provide coverage as required by paragraph (a) of this
Section is guilty of a Class A misdemeanor. This provision
shall not apply to any corporate officer or director of any
publicly-owned corporation. Each day's violation constitutes a
separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General, shall bring
such actions in the name of the People of the State of
Illinois.
The criminal penalties in this subsection (d) shall not
apply where there exists a good faith dispute as to the
existence of an employment relationship. Evidence of good faith
shall include, but not be limited to, compliance with the
definition of employee as used by the Internal Revenue Service.
Employers who are subject to and who knowingly fail to
comply with this Section shall not be entitled to the benefits
of this Act during the period of noncompliance, but shall be
liable in an action under any other applicable law of this
State. In the action, such employer shall not avail himself or
herself of the defenses of assumption of risk or negligence or
that the injury was due to a co-employee. In the action, proof
of the injury shall constitute prima facie evidence of
negligence on the part of such employer and the burden shall be
on such employer to show freedom of negligence resulting in the
injury. The employer shall not join any other defendant in any
such civil action. Nothing in this amendatory Act of the 94th
General Assembly shall affect the employee's rights under
subdivision (a)3 of Section 1 of this Act. Any employer or
carrier who makes payments under subdivision (a)3 of Section 1
of this Act shall have a right of reimbursement from the
proceeds of any recovery under this Section.
An employee of an uninsured employer, or the employee's
dependents in case death ensued, may, instead of proceeding
against the employer in a civil action in court, file an
application for adjustment of claim with the Commission in
accordance with the provisions of this Act and the Commission
shall hear and determine the application for adjustment of
claim in the manner in which other claims are heard and
determined before the Commission.
All proceedings under this subsection (d) shall be reported
on an annual basis to the Workers' Compensation Advisory Board.
An investigator with the Illinois Workers' Compensation
Commission Insurance Compliance Division may issue a citation
to any employer that is not in compliance with its obligation
to have workers' compensation insurance under this Act. The
amount of the fine shall be based on the period of time the
employer was in non-compliance, but shall be no less than $500,
and shall not exceed $2,500. An employer that has been issued a
citation shall pay the fine to the Commission and provide to
the Commission proof that it obtained the required workers'
compensation insurance within 10 days after the citation was
issued. This Section does not affect any other obligations this
Act imposes on employers.
Upon a finding by the Commission, after reasonable notice
and hearing, of the knowing and wilful failure or refusal of an
employer to comply with any of the provisions of paragraph (a)
of this Section, the failure or refusal of an employer, service
or adjustment company, or an insurance carrier to comply with
any order of the Illinois Workers' Compensation Commission
pursuant to paragraph (c) of this Section disqualifying him or
her to operate as a self insurer and requiring him or her to
insure his or her liability, or the knowing and willful failure
of an employer to comply with a citation issued by an
investigator with the Illinois Workers' Compensation
Commission Insurance Compliance Division, the Commission may
assess a civil penalty of up to $500 per day for each day of
such failure or refusal after the effective date of this
amendatory Act of 1989. The minimum penalty under this Section
shall be the sum of $10,000. Each day of such failure or
refusal shall constitute a separate offense. The Commission may
assess the civil penalty personally and individually against
the corporate officers and directors of a corporate employer,
the partners of an employer partnership, and the members of an
employer limited liability company, after a finding of a
knowing and willful refusal or failure of each such named
corporate officer, director, partner, or member to comply with
this Section. The liability for the assessed penalty shall be
against the named employer first, and if the named employer
fails or refuses to pay the penalty to the Commission within 30
days after the final order of the Commission, then the named
corporate officers, directors, partners, or members who have
been found to have knowingly and willfully refused or failed to
comply with this Section shall be liable for the unpaid penalty
or any unpaid portion of the penalty. Upon investigation by the
insurance non-compliance unit of the Commission, the Attorney
General shall have the authority to prosecute all proceedings
to enforce the civil and administrative provisions of this
Section before the Commission. The Commission shall promulgate
procedural rules for enforcing this Section.
Upon the failure or refusal of any employer, service or
adjustment company or insurance carrier to comply with the
provisions of this Section and with the orders of the
Commission under this Section, or the order of the court on
review after final adjudication, the Commission may bring a
civil action to recover the amount of the penalty in Cook
County or in Sangamon County in which litigation the Commission
shall be represented by the Attorney General. The Commission
shall send notice of its finding of non-compliance and
assessment of the civil penalty to the Attorney General. It
shall be the duty of the Attorney General within 30 days after
receipt of the notice, to institute prosecutions and promptly
prosecute all reported violations of this Section.
Any individual employer, corporate officer or director of a
corporate employer, partner of an employer partnership, or
member of an employer limited liability company who, with the
intent to avoid payment of compensation under this Act to an
injured employee or the employee's dependents, knowingly
transfers, sells, encumbers, assigns, or in any manner disposes
of, conceals, secretes, or destroys any property belonging to
the employer, officer, director, partner, or member is guilty
of a Class 4 felony.
Penalties and fines collected pursuant to this paragraph
(d) shall be deposited upon receipt into a special fund which
shall be designated the Injured Workers' Benefit Fund, of which
the State Treasurer is ex-officio custodian, such special fund
to be held and disbursed in accordance with this paragraph (d)
for the purposes hereinafter stated in this paragraph (d), upon
the final order of the Commission. The Injured Workers' Benefit
Fund shall be deposited the same as are State funds and any
interest accruing thereon shall be added thereto every 6
months. The Injured Workers' Benefit Fund is subject to audit
the same as State funds and accounts and is protected by the
general bond given by the State Treasurer. The Injured Workers'
Benefit Fund is considered always appropriated for the purposes
of disbursements as provided in this paragraph, and shall be
paid out and disbursed as herein provided and shall not at any
time be appropriated or diverted to any other use or purpose.
Moneys in the Injured Workers' Benefit Fund shall be used only
for payment of workers' compensation benefits for injured
employees when the employer has failed to provide coverage as
determined under this paragraph (d) and has failed to pay the
benefits due to the injured employee. The Commission shall have
the right to obtain reimbursement from the employer for
compensation obligations paid by the Injured Workers' Benefit
Fund. Any such amounts obtained shall be deposited by the
Commission into the Injured Workers' Benefit Fund. If an
injured employee or his or her personal representative receives
payment from the Injured Workers' Benefit Fund, the State of
Illinois has the same rights under paragraph (b) of Section 5
that the employer who failed to pay the benefits due to the
injured employee would have had if the employer had paid those
benefits, and any moneys recovered by the State as a result of
the State's exercise of its rights under paragraph (b) of
Section 5 shall be deposited into the Injured Workers' Benefit
Fund. The custodian of the Injured Workers' Benefit Fund shall
be joined with the employer as a party respondent in the
application for adjustment of claim. After July 1, 2006, the
Commission shall make disbursements from the Fund once each
year to each eligible claimant. An eligible claimant is an
injured worker who has within the previous fiscal year obtained
a final award for benefits from the Commission against the
employer and the Injured Workers' Benefit Fund and has notified
the Commission within 90 days of receipt of such award. Within
a reasonable time after the end of each fiscal year, the
Commission shall make a disbursement to each eligible claimant.
At the time of disbursement, if there are insufficient moneys
in the Fund to pay all claims, each eligible claimant shall
receive a pro-rata share, as determined by the Commission, of
the available moneys in the Fund for that year. Payment from
the Injured Workers' Benefit Fund to an eligible claimant
pursuant to this provision shall discharge the obligations of
the Injured Workers' Benefit Fund regarding the award entered
by the Commission.
(e) This Act shall not affect or disturb the continuance of
any existing insurance, mutual aid, benefit, or relief
association or department, whether maintained in whole or in
part by the employer or whether maintained by the employees,
the payment of benefits of such association or department being
guaranteed by the employer or by some person, firm or
corporation for him or her: Provided, the employer contributes
to such association or department an amount not less than the
full compensation herein provided, exclusive of the cost of the
maintenance of such association or department and without any
expense to the employee. This Act shall not prevent the
organization and maintaining under the insurance laws of this
State of any benefit or insurance company for the purpose of
insuring against the compensation provided for in this Act, the
expense of which is maintained by the employer. This Act shall
not prevent the organization or maintaining under the insurance
laws of this State of any voluntary mutual aid, benefit or
relief association among employees for the payment of
additional accident or sick benefits.
(f) No existing insurance, mutual aid, benefit or relief
association or department shall, by reason of anything herein
contained, be authorized to discontinue its operation without
first discharging its obligations to any and all persons
carrying insurance in the same or entitled to relief or
benefits therein.
(g) Any contract, oral, written or implied, of employment
providing for relief benefit, or insurance or any other device
whereby the employee is required to pay any premium or premiums
for insurance against the compensation provided for in this Act
shall be null and void. Any employer withholding from the wages
of any employee any amount for the purpose of paying any such
premium shall be guilty of a Class B misdemeanor.
In the event the employer does not pay the compensation for
which he or she is liable, then an insurance company,
association or insurer which may have insured such employer
against such liability shall become primarily liable to pay to
the employee, his or her personal representative or beneficiary
the compensation required by the provisions of this Act to be
paid by such employer. The insurance carrier may be made a
party to the proceedings in which the employer is a party and
an award may be entered jointly against the employer and the
insurance carrier.
(h) It shall be unlawful for any employer, insurance
company or service or adjustment company to interfere with,
restrain or coerce an employee in any manner whatsoever in the
exercise of the rights or remedies granted to him or her by
this Act or to discriminate, attempt to discriminate, or
threaten to discriminate against an employee in any way because
of his or her exercise of the rights or remedies granted to him
or her by this Act.
It shall be unlawful for any employer, individually or
through any insurance company or service or adjustment company,
to discharge or to threaten to discharge, or to refuse to
rehire or recall to active service in a suitable capacity an
employee because of the exercise of his or her rights or
remedies granted to him or her by this Act.
(i) If an employer elects to obtain a life insurance policy
on his employees, he may also elect to apply such benefits in
satisfaction of all or a portion of the death benefits payable
under this Act, in which case, the employer's compensation
premium shall be reduced accordingly.
(j) Within 45 days of receipt of an initial application or
application to renew self-insurance privileges the
Self-Insurers Advisory Board shall review and submit for
approval by the Chairman of the Commission recommendations of
disposition of all initial applications to self-insure and all
applications to renew self-insurance privileges filed by
private self-insurers pursuant to the provisions of this
Section and Section 4a-9 of this Act. Each private self-insurer
shall submit with its initial and renewal applications the
application fee required by Section 4a-4 of this Act.
The Chairman of the Commission shall promptly act upon all
initial applications and applications for renewal in full
accordance with the recommendations of the Board or, should the
Chairman disagree with any recommendation of disposition of the
Self-Insurer's Advisory Board, he shall within 30 days of
receipt of such recommendation provide to the Board in writing
the reasons supporting his decision. The Chairman shall also
promptly notify the employer of his decision within 15 days of
receipt of the recommendation of the Board.
If an employer is denied a renewal of self-insurance
privileges pursuant to application it shall retain said
privilege for 120 days after receipt of a notice of
cancellation of the privilege from the Chairman of the
Commission.
All orders made by the Chairman under this Section shall be
subject to review by the courts, such review to be taken in the
same manner and within the same time as provided by subsection
(f) of Section 19 of this Act for review of awards and
decisions of the Commission, upon the party seeking the review
filing with the clerk of the court to which such review is
taken a bond in an amount to be fixed and approved by the court
to which the review is taken, conditioned upon the payment of
all compensation awarded against the person taking such review
pending a decision thereof and further conditioned upon such
other obligations as the court may impose. Upon the review the
Circuit Court shall have power to review all questions of fact
as well as of law.
(Source: P.A. 97-18, eff. 6-28-11.)
(820 ILCS 305/8.3)
Sec. 8.3. Workers' Compensation Medical Fee Advisory
Board. There is created a Workers' Compensation Medical Fee
Advisory Board consisting of 9 members appointed by the
Governor with the advice and consent of the Senate. Three
members of the Advisory Board shall be representatives of a
labor organization recognized under the National Labor
Relations Act or an attorney who has represented labor
organizations or has represented employees in workers'
compensation cases representative citizens chosen from the
employee class, 3 members shall be representative citizens
chosen from the employing class, and 3 members shall be
representative citizens chosen from the medical provider
class. Each member shall serve a 4-year term and shall continue
to serve until a successor is appointed. A vacancy on the
Advisory Board shall be filled by the Governor for the
unexpired term.
Members of the Advisory Board shall receive no compensation
for their services but shall be reimbursed for expenses
incurred in the performance of their duties by the Commission
from appropriations made to the Commission for that purpose.
The Advisory Board shall advise the Commission on
establishment of fees for medical services and accessibility of
medical treatment.
(Source: P.A. 94-277, eff. 7-20-05.)
(820 ILCS 305/13) (from Ch. 48, par. 138.13)
Sec. 13. There is created an Illinois Workers' Compensation
Commission consisting of 10 members to be appointed by the
Governor, by and with the consent of the Senate, 3 of whom
shall be representative citizens of the employing class
operating under this Act and 3 of whom shall be from a labor
organization recognized under the National Labor Relations Act
or an attorney who has represented labor organizations or has
represented employees in workers' compensation cases,
representative citizens of the class of employees covered under
this Act, and 4 of whom shall be representative citizens not
identified with either the employing or employee classes. Not
more than 6 members of the Commission shall be of the same
political party.
One of the members not identified with either the employing
or employee classes shall be designated by the Governor as
Chairman. The Chairman shall be the chief administrative and
executive officer of the Commission; and he or she shall have
general supervisory authority over all personnel of the
Commission, including arbitrators and Commissioners, and the
final authority in all administrative matters relating to the
Commissioners, including but not limited to the assignment and
distribution of cases and assignment of Commissioners to the
panels, except in the promulgation of procedural rules and
orders under Section 16 and in the determination of cases under
this Act.
Notwithstanding the general supervisory authority of the
Chairman, each Commissioner, except those assigned to the
temporary panel, shall have the authority to hire and supervise
2 staff attorneys each. Such staff attorneys shall report
directly to the individual Commissioner.
A formal training program for newly-appointed
Commissioners shall be implemented. The training program shall
include the following:
(a) substantive and procedural aspects of the office of
Commissioner;
(b) current issues in workers' compensation law and
practice;
(c) medical lectures by specialists in areas such as
orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;
(d) orientation to each operational unit of the
Illinois Workers' Compensation Commission;
(e) observation of experienced arbitrators and
Commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(f) the use of hypothetical cases requiring the
newly-appointed Commissioner to issue judgments as a means
to evaluating knowledge and writing ability;
(g) writing skills;
(h) professional and ethical standards pursuant to
Section 1.1 of this Act;
(i) detection of workers' compensation fraud and
reporting obligations of Commission employees and
appointees;
(j) standards of evidence-based medical treatment and
best practices for measuring and improving quality and
health care outcomes in the workers' compensation system,
including but not limited to the use of the American
Medical Association's "Guides to the Evaluation of
Permanent Impairment" and the practice of utilization
review; and
(k) substantive and procedural aspects of coal
workers' pneumoconiosis (black lung) cases.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep Commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each Commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years such Commissioner shall remain in office.
The Commissioner candidates, other than the Chairman, must
meet one of the following qualifications: (a) licensed to
practice law in the State of Illinois; or (b) served as an
arbitrator at the Illinois Workers' Compensation Commission
for at least 3 years; or (c) has at least 4 years of
professional labor relations experience. The Chairman
candidate must have public or private sector management and
budget experience, as determined by the Governor.
Each Commissioner shall devote full time to his duties and
any Commissioner who is an attorney-at-law shall not engage in
the practice of law, nor shall any Commissioner hold any other
office or position of profit under the United States or this
State or any municipal corporation or political subdivision of
this State, nor engage in any other business, employment, or
vocation.
The term of office of each member of the Commission holding
office on the effective date of this amendatory Act of 1989 is
abolished, but the incumbents shall continue to exercise all of
the powers and be subject to all of the duties of Commissioners
until their respective successors are appointed and qualified.
The Illinois Workers' Compensation Commission shall
administer this Act.
In the promulgation of procedural rules, the determination
of cases heard en banc, and other matters determined by the
full Commission, the Chairman's vote shall break a tie in the
event of a tie vote.
The members shall be appointed by the Governor, with the
advice and consent of the Senate, as follows:
(a) After the effective date of this amendatory Act of
1989, 3 members, at least one of each political party, and
one of whom shall be a representative citizen of the
employing class operating under this Act, one of whom shall
be a representative citizen of the class of employees
covered under this Act, and one of whom shall be a
representative citizen not identified with either the
employing or employee classes, shall be appointed to hold
office until the third Monday in January of 1993, and until
their successors are appointed and qualified, and 4
members, one of whom shall be a representative citizen of
the employing class operating under this Act, one of whom
shall be a representative citizen of the class of employees
covered in this Act, and two of whom shall be
representative citizens not identified with either the
employing or employee classes, one of whom shall be
designated by the Governor as Chairman (at least one of
each of the two major political parties) shall be appointed
to hold office until the third Monday of January in 1991,
and until their successors are appointed and qualified.
(a-5) Notwithstanding any other provision of this
Section, the term of each member of the Commission who was
appointed by the Governor and is in office on June 30, 2003
shall terminate at the close of business on that date or
when all of the successor members to be appointed pursuant
to this amendatory Act of the 93rd General Assembly have
been appointed by the Governor, whichever occurs later. As
soon as possible, the Governor shall appoint persons to
fill the vacancies created by this amendatory Act. Of the
initial commissioners appointed pursuant to this
amendatory Act of the 93rd General Assembly, 3 shall be
appointed for terms ending on the third Monday in January,
2005, and 4 shall be appointed for terms ending on the
third Monday in January, 2007.
(a-10) After the effective date of this amendatory Act
of the 94th General Assembly, the Commission shall be
increased to 10 members. As soon as possible after the
effective date of this amendatory Act of the 94th General
Assembly, the Governor shall appoint, by and with the
consent of the Senate, the 3 members added to the
Commission under this amendatory Act of the 94th General
Assembly, one of whom shall be a representative citizen of
the employing class operating under this Act, one of whom
shall be a representative of the class of employees covered
under this Act, and one of whom shall be a representative
citizen not identified with either the employing or
employee classes. Of the members appointed under this
amendatory Act of the 94th General Assembly, one shall be
appointed for a term ending on the third Monday in January,
2007, and 2 shall be appointed for terms ending on the
third Monday in January, 2009, and until their successors
are appointed and qualified.
(b) Members shall thereafter be appointed to hold
office for terms of 4 years from the third Monday in
January of the year of their appointment, and until their
successors are appointed and qualified. All such
appointments shall be made so that the composition of the
Commission is in accordance with the provisions of the
first paragraph of this Section.
The Chairman shall receive an annual salary of $42,500, or
a salary set by the Compensation Review Board, whichever is
greater, and each other member shall receive an annual salary
of $38,000, or a salary set by the Compensation Review Board,
whichever is greater.
In case of a vacancy in the office of a Commissioner during
the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall
nominate some person to fill such office. Any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his successor is
appointed and qualified.
The Illinois Workers' Compensation Commission created by
this amendatory Act of 1989 shall succeed to all the rights,
powers, duties, obligations, records and other property and
employees of the Industrial Commission which it replaces as
modified by this amendatory Act of 1989 and all applications
and reports to actions and proceedings of such prior Industrial
Commission shall be considered as applications and reports to
actions and proceedings of the Illinois Workers' Compensation
Commission created by this amendatory Act of 1989.
Notwithstanding any other provision of this Act, in the
event the Chairman shall make a finding that a member is or
will be unavailable to fulfill the responsibilities of his or
her office, the Chairman shall advise the Governor and the
member in writing and shall designate a certified arbitrator to
serve as acting Commissioner. The certified arbitrator shall
act as a Commissioner until the member resumes the duties of
his or her office or until a new member is appointed by the
Governor, by and with the consent of the Senate, if a vacancy
occurs in the office of the Commissioner, but in no event shall
a certified arbitrator serve in the capacity of Commissioner
for more than 6 months from the date of appointment by the
Chairman. A finding by the Chairman that a member is or will be
unavailable to fulfill the responsibilities of his or her
office shall be based upon notice to the Chairman by a member
that he or she will be unavailable or facts and circumstances
made known to the Chairman which lead him to reasonably find
that a member is unavailable to fulfill the responsibilities of
his or her office. The designation of a certified arbitrator to
act as a Commissioner shall be considered representative of
citizens not identified with either the employing or employee
classes and the arbitrator shall serve regardless of his or her
political affiliation. A certified arbitrator who serves as an
acting Commissioner shall have all the rights and powers of a
Commissioner, including salary.
Notwithstanding any other provision of this Act, the
Governor shall appoint a special panel of Commissioners
comprised of 3 members who shall be chosen by the Governor, by
and with the consent of the Senate, from among the current
ranks of certified arbitrators. Three members shall hold office
until the Commission in consultation with the Governor
determines that the caseload on review has been reduced
sufficiently to allow cases to proceed in a timely manner or
for a term of 18 months from the effective date of their
appointment by the Governor, whichever shall be earlier. The 3
members shall be considered representative of citizens not
identified with either the employing or employee classes and
shall serve regardless of political affiliation. Each of the 3
members shall have only such rights and powers of a
Commissioner necessary to dispose of those cases assigned to
the special panel. Each of the 3 members appointed to the
special panel shall receive the same salary as other
Commissioners for the duration of the panel.
The Commission may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Commission.
On the effective date of this amendatory Act of the 93rd
General Assembly, the name of the Industrial Commission is
changed to the Illinois Workers' Compensation Commission.
References in any law, appropriation, rule, form, or other
document: (i) to the Industrial Commission are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission for all purposes; (ii) to the
Industrial Commission Operations Fund are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission Operations Fund for all purposes;
(iii) to the Industrial Commission Operations Fund Fee are
deemed, in appropriate contexts, to be references to the
Illinois Workers' Compensation Commission Operations Fund Fee
for all purposes; and (iv) to the Industrial Commission
Operations Fund Surcharge are deemed, in appropriate contexts,
to be references to the Illinois Workers' Compensation
Commission Operations Fund Surcharge for all purposes.
(Source: P.A. 97-18, eff. 6-28-11.)
(820 ILCS 305/13.1) (from Ch. 48, par. 138.13-1)
Sec. 13.1. (a) There is created a Workers' Compensation
Advisory Board hereinafter referred to as the Advisory Board.
After the effective date of this amendatory Act of the 94th
General Assembly, the Advisory Board shall consist of 12
members appointed by the Governor with the advice and consent
of the Senate. Six members of the Advisory Board shall be
representative citizens chosen from a labor organization
recognized under the National Labor Relations Act or an
attorney who has represented labor organizations or has
represented employees in workers' compensation cases the
employee class, and 6 members shall be representative citizens
chosen from the employing class. The Chairman of the Commission
shall serve as the ex officio Chairman of the Advisory Board.
After the effective date of this amendatory Act of the 94th
General Assembly, each member of the Advisory Board shall serve
a term ending on the third Monday in January 2007 and shall
continue to serve until his or her successor is appointed and
qualified. Members of the Advisory Board shall thereafter be
appointed for 4 year terms from the third Monday in January of
the year of their appointment, and until their successors are
appointed and qualified. Seven members of the Advisory Board
shall constitute a quorum to do business, but in no case shall
there be less than one representative from each class. A
vacancy on the Advisory Board shall be filled by the Governor
for the unexpired term.
(b) Members of the Advisory Board shall receive no
compensation for their services but shall be reimbursed for
expenses incurred in the performance of their duties by the
Commission from appropriations made to the Commission for such
purpose.
(c) The Advisory Board shall aid the Commission in
formulating policies, discussing problems, setting priorities
of expenditures, reviewing advisory rates filed by an advisory
organization as defined in Section 463 of the Illinois
Insurance Code, and establishing short and long range
administrative goals. Prior to making the (1) initial set of
arbitrator appointments pursuant to this amendatory Act of the
97th General Assembly and (2) appointment of Commissioners, the
Governor shall request that the Advisory Board make
recommendations as to candidates to consider for appointment
and the Advisory Board may then make such recommendations.
(d) The terms of all Advisory Board members serving on the
effective date of this amendatory Act of the 97th General
Assembly are terminated. The Governor shall appoint new members
to the Advisory Board within 30 days after the effective date
of the amendatory Act of the 97th General Assembly, subject to
the advice and consent of the Senate.
(Source: P.A. 97-18, eff. 6-28-11.)
(820 ILCS 305/19) (from Ch. 48, par. 138.19)
Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
(a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an
agreement, to designate an Arbitrator.
1. Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under this Act
and it is subsequently discovered, at any time before final
disposition of such cause, that the claim for disability or
death which was the basis for such application should
properly have been made under the Workers' Occupational
Diseases Act, then the provisions of Section 19, paragraph
(a-1) of the Workers' Occupational Diseases Act having
reference to such application shall apply.
2. Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under the
Workers' Occupational Diseases Act and it is subsequently
discovered, at any time before final disposition of such
cause that the claim for injury or death which was the
basis for such application should properly have been made
under this Act, then the application so filed under the
Workers' Occupational Diseases Act may be amended in form,
substance or both to assert claim for such disability or
death under this Act and it shall be deemed to have been so
filed as amended on the date of the original filing
thereof, and such compensation may be awarded as is
warranted by the whole evidence pursuant to this Act. When
such amendment is submitted, further or additional
evidence may be heard by the Arbitrator or Commission when
deemed necessary. Nothing in this Section contained shall
be construed to be or permit a waiver of any provisions of
this Act with reference to notice but notice if given shall
be deemed to be a notice under the provisions of this Act
if given within the time required herein.
(b) The Arbitrator shall make such inquiries and
investigations as he or they shall deem necessary and may
examine and inspect all books, papers, records, places, or
premises relating to the questions in dispute and hear such
proper evidence as the parties may submit.
The hearings before the Arbitrator shall be held in the
vicinity where the injury occurred after 10 days' notice of the
time and place of such hearing shall have been given to each of
the parties or their attorneys of record.
The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of said disability.
The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly, all
decisions of the Arbitrator shall set forth in writing findings
of fact and conclusions of law, separately stated, if requested
by either party. Unless a petition for review is filed by
either party within 30 days after the receipt by such party of
the copy of the decision and notification of time when filed,
and unless such party petitioning for a review shall within 35
days after the receipt by him of the copy of the decision, file
with the Commission either an agreed statement of the facts
appearing upon the hearing before the Arbitrator, or if such
party shall so elect a correct transcript of evidence of the
proceedings at such hearings, then the decision shall become
the decision of the Commission and in the absence of fraud
shall be conclusive. The Petition for Review shall contain a
statement of the petitioning party's specific exceptions to the
decision of the arbitrator. The jurisdiction of the Commission
to review the decision of the arbitrator shall not be limited
to the exceptions stated in the Petition for Review. The
Commission, or any member thereof, may grant further time not
exceeding 30 days, in which to file such agreed statement or
transcript of evidence. Such agreed statement of facts or
correct transcript of evidence, as the case may be, shall be
authenticated by the signatures of the parties or their
attorneys, and in the event they do not agree as to the
correctness of the transcript of evidence it shall be
authenticated by the signature of the Arbitrator designated by
the Commission.
Whether the employee is working or not, if the employee is
not receiving or has not received medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8, or compensation as provided in
paragraph (b) of Section 8, the employee may at any time
petition for an expedited hearing by an Arbitrator on the issue
of whether or not he or she is entitled to receive payment of
the services or compensation. Provided the employer continues
to pay compensation pursuant to paragraph (b) of Section 8, the
employer may at any time petition for an expedited hearing on
the issue of whether or not the employee is entitled to receive
medical, surgical, or hospital services or other services or
compensation as provided in paragraph (a) of Section 8, or
compensation as provided in paragraph (b) of Section 8. When an
employer has petitioned for an expedited hearing, the employer
shall continue to pay compensation as provided in paragraph (b)
of Section 8 unless the arbitrator renders a decision that the
employee is not entitled to the benefits that are the subject
of the expedited hearing or unless the employee's treating
physician has released the employee to return to work at his or
her regular job with the employer or the employee actually
returns to work at any other job. If the arbitrator renders a
decision that the employee is not entitled to the benefits that
are the subject of the expedited hearing, a petition for review
filed by the employee shall receive the same priority as if the
employee had filed a petition for an expedited hearing by an
Arbitrator. Neither party shall be entitled to an expedited
hearing when the employee has returned to work and the sole
issue in dispute amounts to less than 12 weeks of unpaid
compensation pursuant to paragraph (b) of Section 8.
Expedited hearings shall have priority over all other
petitions and shall be heard by the Arbitrator and Commission
with all convenient speed. Any party requesting an expedited
hearing shall give notice of a request for an expedited hearing
under this paragraph. A copy of the Application for Adjustment
of Claim shall be attached to the notice. The Commission shall
adopt rules and procedures under which the final decision of
the Commission under this paragraph is filed not later than 180
days from the date that the Petition for Review is filed with
the Commission.
Where 2 or more insurance carriers, private self-insureds,
or a group workers' compensation pool under Article V 3/4 of
the Illinois Insurance Code dispute coverage for the same
injury, any such insurance carrier, private self-insured, or
group workers' compensation pool may request an expedited
hearing pursuant to this paragraph to determine the issue of
coverage, provided coverage is the only issue in dispute and
all other issues are stipulated and agreed to and further
provided that all compensation benefits including medical
benefits pursuant to Section 8(a) continue to be paid to or on
behalf of petitioner. Any insurance carrier, private
self-insured, or group workers' compensation pool that is
determined to be liable for coverage for the injury in issue
shall reimburse any insurance carrier, private self-insured,
or group workers' compensation pool that has paid benefits to
or on behalf of petitioner for the injury.
(b-1) If the employee is not receiving medical, surgical or
hospital services as provided in paragraph (a) of Section 8 or
compensation as provided in paragraph (b) of Section 8, the
employee, in accordance with Commission Rules, may file a
petition for an emergency hearing by an Arbitrator on the issue
of whether or not he is entitled to receive payment of such
compensation or services as provided therein. Such petition
shall have priority over all other petitions and shall be heard
by the Arbitrator and Commission with all convenient speed.
Such petition shall contain the following information and
shall be served on the employer at least 15 days before it is
filed:
(i) the date and approximate time of accident;
(ii) the approximate location of the accident;
(iii) a description of the accident;
(iv) the nature of the injury incurred by the employee;
(v) the identity of the person, if known, to whom the
accident was reported and the date on which it was
reported;
(vi) the name and title of the person, if known,
representing the employer with whom the employee conferred
in any effort to obtain compensation pursuant to paragraph
(b) of Section 8 of this Act or medical, surgical or
hospital services pursuant to paragraph (a) of Section 8 of
this Act and the date of such conference;
(vii) a statement that the employer has refused to pay
compensation pursuant to paragraph (b) of Section 8 of this
Act or for medical, surgical or hospital services pursuant
to paragraph (a) of Section 8 of this Act;
(viii) the name and address, if known, of each witness
to the accident and of each other person upon whom the
employee will rely to support his allegations;
(ix) the dates of treatment related to the accident by
medical practitioners, and the names and addresses of such
practitioners, including the dates of treatment related to
the accident at any hospitals and the names and addresses
of such hospitals, and a signed authorization permitting
the employer to examine all medical records of all
practitioners and hospitals named pursuant to this
paragraph;
(x) a copy of a signed report by a medical
practitioner, relating to the employee's current inability
to return to work because of the injuries incurred as a
result of the accident or such other documents or
affidavits which show that the employee is entitled to
receive compensation pursuant to paragraph (b) of Section 8
of this Act or medical, surgical or hospital services
pursuant to paragraph (a) of Section 8 of this Act. Such
reports, documents or affidavits shall state, if possible,
the history of the accident given by the employee, and
describe the injury and medical diagnosis, the medical
services for such injury which the employee has received
and is receiving, the physical activities which the
employee cannot currently perform as a result of any
impairment or disability due to such injury, and the
prognosis for recovery;
(xi) complete copies of any reports, records,
documents and affidavits in the possession of the employee
on which the employee will rely to support his allegations,
provided that the employer shall pay the reasonable cost of
reproduction thereof;
(xii) a list of any reports, records, documents and
affidavits which the employee has demanded by subpoena and
on which he intends to rely to support his allegations;
(xiii) a certification signed by the employee or his
representative that the employer has received the petition
with the required information 15 days before filing.
Fifteen days after receipt by the employer of the petition
with the required information the employee may file said
petition and required information and shall serve notice of the
filing upon the employer. The employer may file a motion
addressed to the sufficiency of the petition. If an objection
has been filed to the sufficiency of the petition, the
arbitrator shall rule on the objection within 2 working days.
If such an objection is filed, the time for filing the final
decision of the Commission as provided in this paragraph shall
be tolled until the arbitrator has determined that the petition
is sufficient.
The employer shall, within 15 days after receipt of the
notice that such petition is filed, file with the Commission
and serve on the employee or his representative a written
response to each claim set forth in the petition, including the
legal and factual basis for each disputed allegation and the
following information: (i) complete copies of any reports,
records, documents and affidavits in the possession of the
employer on which the employer intends to rely in support of
his response, (ii) a list of any reports, records, documents
and affidavits which the employer has demanded by subpoena and
on which the employer intends to rely in support of his
response, (iii) the name and address of each witness on whom
the employer will rely to support his response, and (iv) the
names and addresses of any medical practitioners selected by
the employer pursuant to Section 12 of this Act and the time
and place of any examination scheduled to be made pursuant to
such Section.
Any employer who does not timely file and serve a written
response without good cause may not introduce any evidence to
dispute any claim of the employee but may cross examine the
employee or any witness brought by the employee and otherwise
be heard.
No document or other evidence not previously identified by
either party with the petition or written response, or by any
other means before the hearing, may be introduced into evidence
without good cause. If, at the hearing, material information is
discovered which was not previously disclosed, the Arbitrator
may extend the time for closing proof on the motion of a party
for a reasonable period of time which may be more than 30 days.
No evidence may be introduced pursuant to this paragraph as to
permanent disability. No award may be entered for permanent
disability pursuant to this paragraph. Either party may
introduce into evidence the testimony taken by deposition of
any medical practitioner.
The Commission shall adopt rules, regulations and
procedures whereby the final decision of the Commission is
filed not later than 90 days from the date the petition for
review is filed but in no event later than 180 days from the
date the petition for an emergency hearing is filed with the
Illinois Workers' Compensation Commission.
All service required pursuant to this paragraph (b-1) must
be by personal service or by certified mail and with evidence
of receipt. In addition for the purposes of this paragraph, all
service on the employer must be at the premises where the
accident occurred if the premises are owned or operated by the
employer. Otherwise service must be at the employee's principal
place of employment by the employer. If service on the employer
is not possible at either of the above, then service shall be
at the employer's principal place of business. After initial
service in each case, service shall be made on the employer's
attorney or designated representative.
(c)(1) At a reasonable time in advance of and in connection
with the hearing under Section 19(e) or 19(h), the Commission
may on its own motion order an impartial physical or mental
examination of a petitioner whose mental or physical condition
is in issue, when in the Commission's discretion it appears
that such an examination will materially aid in the just
determination of the case. The examination shall be made by a
member or members of a panel of physicians chosen for their
special qualifications by the Illinois State Medical Society.
The Commission shall establish procedures by which a physician
shall be selected from such list.
(2) Should the Commission at any time during the hearing
find that compelling considerations make it advisable to have
an examination and report at that time, the commission may in
its discretion so order.
(3) A copy of the report of examination shall be given to
the Commission and to the attorneys for the parties.
(4) Either party or the Commission may call the examining
physician or physicians to testify. Any physician so called
shall be subject to cross-examination.
(5) The examination shall be made, and the physician or
physicians, if called, shall testify, without cost to the
parties. The Commission shall determine the compensation and
the pay of the physician or physicians. The compensation for
this service shall not exceed the usual and customary amount
for such service.
(6) The fees and payment thereof of all attorneys and
physicians for services authorized by the Commission under this
Act shall, upon request of either the employer or the employee
or the beneficiary affected, be subject to the review and
decision of the Commission.
(d) If any employee shall persist in insanitary or
injurious practices which tend to either imperil or retard his
recovery or shall refuse to submit to such medical, surgical,
or hospital treatment as is reasonably essential to promote his
recovery, the Commission may, in its discretion, reduce or
suspend the compensation of any such injured employee. However,
when an employer and employee so agree in writing, the
foregoing provision shall not be construed to authorize the
reduction or suspension of compensation of an employee who is
relying in good faith, on treatment by prayer or spiritual
means alone, in accordance with the tenets and practice of a
recognized church or religious denomination, by a duly
accredited practitioner thereof.
(e) This paragraph shall apply to all hearings before the
Commission. Such hearings may be held in its office or
elsewhere as the Commission may deem advisable. The taking of
testimony on such hearings may be had before any member of the
Commission. If a petition for review and agreed statement of
facts or transcript of evidence is filed, as provided herein,
the Commission shall promptly review the decision of the
Arbitrator and all questions of law or fact which appear from
the statement of facts or transcript of evidence.
In all cases in which the hearing before the arbitrator is
held after December 18, 1989, no additional evidence shall be
introduced by the parties before the Commission on review of
the decision of the Arbitrator. In reviewing decisions of an
arbitrator the Commission shall award such temporary
compensation, permanent compensation and other payments as are
due under this Act. The Commission shall file in its office its
decision thereon, and shall immediately send to each party or
his attorney a copy of such decision and a notification of the
time when it was filed. Decisions shall be filed within 60 days
after the Statement of Exceptions and Supporting Brief and
Response thereto are required to be filed or oral argument
whichever is later.
In the event either party requests oral argument, such
argument shall be had before a panel of 3 members of the
Commission (or before all available members pursuant to the
determination of 7 members of the Commission that such argument
be held before all available members of the Commission)
pursuant to the rules and regulations of the Commission. A
panel of 3 members, which shall be comprised of not more than
one representative citizen of the employing class and not more
than one representative from a labor organization recognized
under the National Labor Relations Act or an attorney who has
represented labor organizations or has represented employees
in workers' compensation cases citizen of the employee class,
shall hear the argument; provided that if all the issues in
dispute are solely the nature and extent of the permanent
partial disability, if any, a majority of the panel may deny
the request for such argument and such argument shall not be
held; and provided further that 7 members of the Commission may
determine that the argument be held before all available
members of the Commission. A decision of the Commission shall
be approved by a majority of Commissioners present at such
hearing if any; provided, if no such hearing is held, a
decision of the Commission shall be approved by a majority of a
panel of 3 members of the Commission as described in this
Section. The Commission shall give 10 days' notice to the
parties or their attorneys of the time and place of such taking
of testimony and of such argument.
In any case the Commission in its decision may find
specially upon any question or questions of law or fact which
shall be submitted in writing by either party whether ultimate
or otherwise; provided that on issues other than nature and
extent of the disability, if any, the Commission in its
decision shall find specially upon any question or questions of
law or fact, whether ultimate or otherwise, which are submitted
in writing by either party; provided further that not more than
5 such questions may be submitted by either party. Any party
may, within 20 days after receipt of notice of the Commission's
decision, or within such further time, not exceeding 30 days,
as the Commission may grant, file with the Commission either an
agreed statement of the facts appearing upon the hearing, or,
if such party shall so elect, a correct transcript of evidence
of the additional proceedings presented before the Commission,
in which report the party may embody a correct statement of
such other proceedings in the case as such party may desire to
have reviewed, such statement of facts or transcript of
evidence to be authenticated by the signature of the parties or
their attorneys, and in the event that they do not agree, then
the authentication of such transcript of evidence shall be by
the signature of any member of the Commission.
If a reporter does not for any reason furnish a transcript
of the proceedings before the Arbitrator in any case for use on
a hearing for review before the Commission, within the
limitations of time as fixed in this Section, the Commission
may, in its discretion, order a trial de novo before the
Commission in such case upon application of either party. The
applications for adjustment of claim and other documents in the
nature of pleadings filed by either party, together with the
decisions of the Arbitrator and of the Commission and the
statement of facts or transcript of evidence hereinbefore
provided for in paragraphs (b) and (c) shall be the record of
the proceedings of the Commission, and shall be subject to
review as hereinafter provided.
At the request of either party or on its own motion, the
Commission shall set forth in writing the reasons for the
decision, including findings of fact and conclusions of law
separately stated. The Commission shall by rule adopt a format
for written decisions for the Commission and arbitrators. The
written decisions shall be concise and shall succinctly state
the facts and reasons for the decision. The Commission may
adopt in whole or in part, the decision of the arbitrator as
the decision of the Commission. When the Commission does so
adopt the decision of the arbitrator, it shall do so by order.
Whenever the Commission adopts part of the arbitrator's
decision, but not all, it shall include in the order the
reasons for not adopting all of the arbitrator's decision. When
a majority of a panel, after deliberation, has arrived at its
decision, the decision shall be filed as provided in this
Section without unnecessary delay, and without regard to the
fact that a member of the panel has expressed an intention to
dissent. Any member of the panel may file a dissent. Any
dissent shall be filed no later than 10 days after the decision
of the majority has been filed.
Decisions rendered by the Commission and dissents, if any,
shall be published together by the Commission. The conclusions
of law set out in such decisions shall be regarded as
precedents by arbitrators for the purpose of achieving a more
uniform administration of this Act.
(f) The decision of the Commission acting within its
powers, according to the provisions of paragraph (e) of this
Section shall, in the absence of fraud, be conclusive unless
reviewed as in this paragraph hereinafter provided. However,
the Arbitrator or the Commission may on his or its own motion,
or on the motion of either party, correct any clerical error or
errors in computation within 15 days after the date of receipt
of any award by such Arbitrator or any decision on review of
the Commission and shall have the power to recall the original
award on arbitration or decision on review, and issue in lieu
thereof such corrected award or decision. Where such correction
is made the time for review herein specified shall begin to run
from the date of the receipt of the corrected award or
decision.
(1) Except in cases of claims against the State of
Illinois other than those claims under Section 18.1, in
which case the decision of the Commission shall not be
subject to judicial review, the Circuit Court of the county
where any of the parties defendant may be found, or if none
of the parties defendant can be found in this State then
the Circuit Court of the county where the accident
occurred, shall by summons to the Commission have power to
review all questions of law and fact presented by such
record.
A proceeding for review shall be commenced within 20
days of the receipt of notice of the decision of the
Commission. The summons shall be issued by the clerk of
such court upon written request returnable on a designated
return day, not less than 10 or more than 60 days from the
date of issuance thereof, and the written request shall
contain the last known address of other parties in interest
and their attorneys of record who are to be served by
summons. Service upon any member of the Commission or the
Secretary or the Assistant Secretary thereof shall be
service upon the Commission, and service upon other parties
in interest and their attorneys of record shall be by
summons, and such service shall be made upon the Commission
and other parties in interest by mailing notices of the
commencement of the proceedings and the return day of the
summons to the office of the Commission and to the last
known place of residence of other parties in interest or
their attorney or attorneys of record. The clerk of the
court issuing the summons shall on the day of issue mail
notice of the commencement of the proceedings which shall
be done by mailing a copy of the summons to the office of
the Commission, and a copy of the summons to the other
parties in interest or their attorney or attorneys of
record and the clerk of the court shall make certificate
that he has so sent said notices in pursuance of this
Section, which shall be evidence of service on the
Commission and other parties in interest.
The Commission shall not be required to certify the
record of their proceedings to the Circuit Court, unless
the party commencing the proceedings for review in the
Circuit Court as above provided, shall file with the
Commission notice of intent to file for review in Circuit
Court. It shall be the duty of the Commission upon such
filing of notice of intent to file for review in the
Circuit Court to prepare a true and correct copy of such
testimony and a true and correct copy of all other matters
contained in such record and certified to by the Secretary
or Assistant Secretary thereof. The changes made to this
subdivision (f)(1) by this amendatory Act of the 98th
General Assembly apply to any Commission decision entered
after the effective date of this amendatory Act of the 98th
General Assembly.
No request for a summons may be filed and no summons
shall issue unless the party seeking to review the decision
of the Commission shall exhibit to the clerk of the Circuit
Court proof of filing with the Commission of the notice of
the intent to file for review in the Circuit Court or an
affidavit of the attorney setting forth that notice of
intent to file for review in the Circuit Court has been
given in writing to the Secretary or Assistant Secretary of
the Commission.
(2) No such summons shall issue unless the one against
whom the Commission shall have rendered an award for the
payment of money shall upon the filing of his written
request for such summons file with the clerk of the court a
bond conditioned that if he shall not successfully
prosecute the review, he will pay the award and the costs
of the proceedings in the courts. The amount of the bond
shall be fixed by any member of the Commission and the
surety or sureties of the bond shall be approved by the
clerk of the court. The acceptance of the bond by the clerk
of the court shall constitute evidence of his approval of
the bond.
Every county, city, town, township, incorporated
village, school district, body politic or municipal
corporation against whom the Commission shall have
rendered an award for the payment of money shall not be
required to file a bond to secure the payment of the award
and the costs of the proceedings in the court to authorize
the court to issue such summons.
The court may confirm or set aside the decision of the
Commission. If the decision is set aside and the facts
found in the proceedings before the Commission are
sufficient, the court may enter such decision as is
justified by law, or may remand the cause to the Commission
for further proceedings and may state the questions
requiring further hearing, and give such other
instructions as may be proper. Appeals shall be taken to
the Appellate Court in accordance with Supreme Court Rules
22(g) and 303. Appeals shall be taken from the Appellate
Court to the Supreme Court in accordance with Supreme Court
Rule 315.
It shall be the duty of the clerk of any court
rendering a decision affecting or affirming an award of the
Commission to promptly furnish the Commission with a copy
of such decision, without charge.
The decision of a majority of the members of the panel
of the Commission, shall be considered the decision of the
Commission.
(g) Except in the case of a claim against the State of
Illinois, either party may present a certified copy of the
award of the Arbitrator, or a certified copy of the decision of
the Commission when the same has become final, when no
proceedings for review are pending, providing for the payment
of compensation according to this Act, to the Circuit Court of
the county in which such accident occurred or either of the
parties are residents, whereupon the court shall enter a
judgment in accordance therewith. In a case where the employer
refuses to pay compensation according to such final award or
such final decision upon which such judgment is entered the
court shall in entering judgment thereon, tax as costs against
him the reasonable costs and attorney fees in the arbitration
proceedings and in the court entering the judgment for the
person in whose favor the judgment is entered, which judgment
and costs taxed as therein provided shall, until and unless set
aside, have the same effect as though duly entered in an action
duly tried and determined by the court, and shall with like
effect, be entered and docketed. The Circuit Court shall have
power at any time upon application to make any such judgment
conform to any modification required by any subsequent decision
of the Supreme Court upon appeal, or as the result of any
subsequent proceedings for review, as provided in this Act.
Judgment shall not be entered until 15 days' notice of the
time and place of the application for the entry of judgment
shall be served upon the employer by filing such notice with
the Commission, which Commission shall, in case it has on file
the address of the employer or the name and address of its
agent upon whom notices may be served, immediately send a copy
of the notice to the employer or such designated agent.
(h) An agreement or award under this Act providing for
compensation in installments, may at any time within 18 months
after such agreement or award be reviewed by the Commission at
the request of either the employer or the employee, on the
ground that the disability of the employee has subsequently
recurred, increased, diminished or ended.
However, as to accidents occurring subsequent to July 1,
1955, which are covered by any agreement or award under this
Act providing for compensation in installments made as a result
of such accident, such agreement or award may at any time
within 30 months, or 60 months in the case of an award under
Section 8(d)1, after such agreement or award be reviewed by the
Commission at the request of either the employer or the
employee on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended.
On such review, compensation payments may be
re-established, increased, diminished or ended. The Commission
shall give 15 days' notice to the parties of the hearing for
review. Any employee, upon any petition for such review being
filed by the employer, shall be entitled to one day's notice
for each 100 miles necessary to be traveled by him in attending
the hearing of the Commission upon the petition, and 3 days in
addition thereto. Such employee shall, at the discretion of the
Commission, also be entitled to 5 cents per mile necessarily
traveled by him within the State of Illinois in attending such
hearing, not to exceed a distance of 300 miles, to be taxed by
the Commission as costs and deposited with the petition of the
employer.
When compensation which is payable in accordance with an
award or settlement contract approved by the Commission, is
ordered paid in a lump sum by the Commission, no review shall
be had as in this paragraph mentioned.
(i) Each party, upon taking any proceedings or steps
whatsoever before any Arbitrator, Commission or court, shall
file with the Commission his address, or the name and address
of any agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail,
addressed to such party or agent at the last address so filed
with the Commission. In the event such party has not filed his
address, or the name and address of an agent as above provided,
service of any notice may be had by filing such notice with the
Commission.
(j) Whenever in any proceeding testimony has been taken or
a final decision has been rendered and after the taking of such
testimony or after such decision has become final, the injured
employee dies, then in any subsequent proceedings brought by
the personal representative or beneficiaries of the deceased
employee, such testimony in the former proceeding may be
introduced with the same force and effect as though the witness
having so testified were present in person in such subsequent
proceedings and such final decision, if any, shall be taken as
final adjudication of any of the issues which are the same in
both proceedings.
(k) In case where there has been any unreasonable or
vexatious delay of payment or intentional underpayment of
compensation, or proceedings have been instituted or carried on
by the one liable to pay the compensation, which do not present
a real controversy, but are merely frivolous or for delay, then
the Commission may award compensation additional to that
otherwise payable under this Act equal to 50% of the amount
payable at the time of such award. Failure to pay compensation
in accordance with the provisions of Section 8, paragraph (b)
of this Act, shall be considered unreasonable delay.
When determining whether this subsection (k) shall apply,
the Commission shall consider whether an Arbitrator has
determined that the claim is not compensable or whether the
employer has made payments under Section 8(j).
(l) If the employee has made written demand for payment of
benefits under Section 8(a) or Section 8(b), the employer shall
have 14 days after receipt of the demand to set forth in
writing the reason for the delay. In the case of demand for
payment of medical benefits under Section 8(a), the time for
the employer to respond shall not commence until the expiration
of the allotted 30 days specified under Section 8.2(d). In case
the employer or his or her insurance carrier shall without good
and just cause fail, neglect, refuse, or unreasonably delay the
payment of benefits under Section 8(a) or Section 8(b), the
Arbitrator or the Commission shall allow to the employee
additional compensation in the sum of $30 per day for each day
that the benefits under Section 8(a) or Section 8(b) have been
so withheld or refused, not to exceed $10,000. A delay in
payment of 14 days or more shall create a rebuttable
presumption of unreasonable delay.
(m) If the commission finds that an accidental injury was
directly and proximately caused by the employer's wilful
violation of a health and safety standard under the Health and
Safety Act or the Occupational Safety and Health Act in force
at the time of the accident, the arbitrator or the Commission
shall allow to the injured employee or his dependents, as the
case may be, additional compensation equal to 25% of the amount
which otherwise would be payable under the provisions of this
Act exclusive of this paragraph. The additional compensation
herein provided shall be allowed by an appropriate increase in
the applicable weekly compensation rate.
(n) After June 30, 1984, decisions of the Illinois Workers'
Compensation Commission reviewing an award of an arbitrator of
the Commission shall draw interest at a rate equal to the yield
on indebtedness issued by the United States Government with a
26-week maturity next previously auctioned on the day on which
the decision is filed. Said rate of interest shall be set forth
in the Arbitrator's Decision. Interest shall be drawn from the
date of the arbitrator's award on all accrued compensation due
the employee through the day prior to the date of payments.
However, when an employee appeals an award of an Arbitrator or
the Commission, and the appeal results in no change or a
decrease in the award, interest shall not further accrue from
the date of such appeal.
The employer or his insurance carrier may tender the
payments due under the award to stop the further accrual of
interest on such award notwithstanding the prosecution by
either party of review, certiorari, appeal to the Supreme Court
or other steps to reverse, vacate or modify the award.
(o) By the 15th day of each month each insurer providing
coverage for losses under this Act shall notify each insured
employer of any compensable claim incurred during the preceding
month and the amounts paid or reserved on the claim including a
summary of the claim and a brief statement of the reasons for
compensability. A cumulative report of all claims incurred
during a calendar year or continued from the previous year
shall be furnished to the insured employer by the insurer
within 30 days after the end of that calendar year.
The insured employer may challenge, in proceeding before
the Commission, payments made by the insurer without
arbitration and payments made after a case is determined to be
noncompensable. If the Commission finds that the case was not
compensable, the insurer shall purge its records as to that
employer of any loss or expense associated with the claim,
reimburse the employer for attorneys' fees arising from the
challenge and for any payment required of the employer to the
Rate Adjustment Fund or the Second Injury Fund, and may not
reflect the loss or expense for rate making purposes. The
employee shall not be required to refund the challenged
payment. The decision of the Commission may be reviewed in the
same manner as in arbitrated cases. No challenge may be
initiated under this paragraph more than 3 years after the
payment is made. An employer may waive the right of challenge
under this paragraph on a case by case basis.
(p) After filing an application for adjustment of claim but
prior to the hearing on arbitration the parties may voluntarily
agree to submit such application for adjustment of claim for
decision by an arbitrator under this subsection (p) where such
application for adjustment of claim raises only a dispute over
temporary total disability, permanent partial disability or
medical expenses. Such agreement shall be in writing in such
form as provided by the Commission. Applications for adjustment
of claim submitted for decision by an arbitrator under this
subsection (p) shall proceed according to rule as established
by the Commission. The Commission shall promulgate rules
including, but not limited to, rules to ensure that the parties
are adequately informed of their rights under this subsection
(p) and of the voluntary nature of proceedings under this
subsection (p). The findings of fact made by an arbitrator
acting within his or her powers under this subsection (p) in
the absence of fraud shall be conclusive. However, the
arbitrator may on his own motion, or the motion of either
party, correct any clerical errors or errors in computation
within 15 days after the date of receipt of such award of the
arbitrator and shall have the power to recall the original
award on arbitration, and issue in lieu thereof such corrected
award. The decision of the arbitrator under this subsection (p)
shall be considered the decision of the Commission and
proceedings for review of questions of law arising from the
decision may be commenced by either party pursuant to
subsection (f) of Section 19. The Advisory Board established
under Section 13.1 shall compile a list of certified Commission
arbitrators, each of whom shall be approved by at least 7
members of the Advisory Board. The chairman shall select 5
persons from such list to serve as arbitrators under this
subsection (p). By agreement, the parties shall select one
arbitrator from among the 5 persons selected by the chairman
except that if the parties do not agree on an arbitrator from
among the 5 persons, the parties may, by agreement, select an
arbitrator of the American Arbitration Association, whose fee
shall be paid by the State in accordance with rules promulgated
by the Commission. Arbitration under this subsection (p) shall
be voluntary.
(Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874,
eff. 1-1-15.)
Section 15. The Workers' Occupational Diseases Act is
amended by changing Section 19 as follows:
(820 ILCS 310/19) (from Ch. 48, par. 172.54)
Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
(a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an agreement
to designate an Arbitrator.
(1) The application for adjustment of claim filed with
the Commission shall state:
A. The approximate date of the last day of the last
exposure and the approximate date of the disablement.
B. The general nature and character of the illness
or disease claimed.
C. The name and address of the employer by whom
employed on the last day of the last exposure and if
employed by any other employer after such last exposure
and before disablement the name and address of such
other employer or employers.
D. In case of death, the date and place of death.
(2) Amendments to applications for adjustment of claim
which relate to the same disablement or disablement
resulting in death originally claimed upon may be allowed
by the Commissioner or an Arbitrator thereof, in their
discretion, and in the exercise of such discretion, they
may in proper cases order a trial de novo; such amendment
shall relate back to the date of the filing of the original
application so amended.
(3) Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under this Act
and it is subsequently discovered, at any time before final
disposition of such cause, that the claim for disability or
death which was the basis for such application should
properly have been made under the Workers' Compensation
Act, then the provisions of Section 19 paragraph (a-1) of
the Workers' Compensation Act having reference to such
application shall apply.
Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under the
Workers' Compensation Act and it is subsequently
discovered, at any time before final disposition of such
cause that the claim for injury or death which was the
basis for such application should properly have been made
under this Act, then the application so filed under the
Workers' Compensation Act may be amended in form, substance
or both to assert claim for such disability or death under
this Act and it shall be deemed to have been so filed as
amended on the date of the original filing thereof, and
such compensation may be awarded as is warranted by the
whole evidence pursuant to the provisions of this Act. When
such amendment is submitted, further or additional
evidence may be heard by the Arbitrator or Commission when
deemed necessary; provided, that nothing in this Section
contained shall be construed to be or permit a waiver of
any provisions of this Act with reference to notice, but
notice if given shall be deemed to be a notice under the
provisions of this Act if given within the time required
herein.
(b) The Arbitrator shall make such inquiries and
investigations as he shall deem necessary and may examine and
inspect all books, papers, records, places, or premises
relating to the questions in dispute and hear such proper
evidence as the parties may submit.
The hearings before the Arbitrator shall be held in the
vicinity where the last exposure occurred, after 10 days'
notice of the time and place of such hearing shall have been
given to each of the parties or their attorneys of record.
The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of such disability.
The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly, all
decisions of the Arbitrator shall set forth in writing findings
of fact and conclusions of law, separately stated, if requested
by either party. Unless a petition for review is filed by
either party within 30 days after the receipt by such party of
the copy of the decision and notification of time when filed,
and unless such party petitioning for a review shall within 35
days after the receipt by him of the copy of the decision, file
with the Commission either an agreed statement of the facts
appearing upon the hearing before the Arbitrator, or if such
party shall so elect a correct transcript of evidence of the
proceedings at such hearings, then the decision shall become
the decision of the Commission and in the absence of fraud
shall be conclusive. The Petition for Review shall contain a
statement of the petitioning party's specific exceptions to the
decision of the arbitrator. The jurisdiction of the Commission
to review the decision of the arbitrator shall not be limited
to the exceptions stated in the Petition for Review. The
Commission, or any member thereof, may grant further time not
exceeding 30 days, in which to file such agreed statement or
transcript of evidence. Such agreed statement of facts or
correct transcript of evidence, as the case may be, shall be
authenticated by the signatures of the parties or their
attorneys, and in the event they do not agree as to the
correctness of the transcript of evidence it shall be
authenticated by the signature of the Arbitrator designated by
the Commission.
Whether the employee is working or not, if the employee is
not receiving or has not received medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8 of the Workers' Compensation Act,
or compensation as provided in paragraph (b) of Section 8 of
the Workers' Compensation Act, the employee may at any time
petition for an expedited hearing by an Arbitrator on the issue
of whether or not he or she is entitled to receive payment of
the services or compensation. Provided the employer continues
to pay compensation pursuant to paragraph (b) of Section 8 of
the Workers' Compensation Act, the employer may at any time
petition for an expedited hearing on the issue of whether or
not the employee is entitled to receive medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8 of the Workers' Compensation Act,
or compensation as provided in paragraph (b) of Section 8 of
the Workers' Compensation Act. When an employer has petitioned
for an expedited hearing, the employer shall continue to pay
compensation as provided in paragraph (b) of Section 8 of the
Workers' Compensation Act unless the arbitrator renders a
decision that the employee is not entitled to the benefits that
are the subject of the expedited hearing or unless the
employee's treating physician has released the employee to
return to work at his or her regular job with the employer or
the employee actually returns to work at any other job. If the
arbitrator renders a decision that the employee is not entitled
to the benefits that are the subject of the expedited hearing,
a petition for review filed by the employee shall receive the
same priority as if the employee had filed a petition for an
expedited hearing by an arbitrator. Neither party shall be
entitled to an expedited hearing when the employee has returned
to work and the sole issue in dispute amounts to less than 12
weeks of unpaid compensation pursuant to paragraph (b) of
Section 8 of the Workers' Compensation Act.
Expedited hearings shall have priority over all other
petitions and shall be heard by the Arbitrator and Commission
with all convenient speed. Any party requesting an expedited
hearing shall give notice of a request for an expedited hearing
under this paragraph. A copy of the Application for Adjustment
of Claim shall be attached to the notice. The Commission shall
adopt rules and procedures under which the final decision of
the Commission under this paragraph is filed not later than 180
days from the date that the Petition for Review is filed with
the Commission.
Where 2 or more insurance carriers, private self-insureds,
or a group workers' compensation pool under Article V 3/4 of
the Illinois Insurance Code dispute coverage for the same
disease, any such insurance carrier, private self-insured, or
group workers' compensation pool may request an expedited
hearing pursuant to this paragraph to determine the issue of
coverage, provided coverage is the only issue in dispute and
all other issues are stipulated and agreed to and further
provided that all compensation benefits including medical
benefits pursuant to Section 8(a) of the Workers' Compensation
Act continue to be paid to or on behalf of petitioner. Any
insurance carrier, private self-insured, or group workers'
compensation pool that is determined to be liable for coverage
for the disease in issue shall reimburse any insurance carrier,
private self-insured, or group workers' compensation pool that
has paid benefits to or on behalf of petitioner for the
disease.
(b-1) If the employee is not receiving, pursuant to Section
7, medical, surgical or hospital services of the type provided
for in paragraph (a) of Section 8 of the Workers' Compensation
Act or compensation of the type provided for in paragraph (b)
of Section 8 of the Workers' Compensation Act, the employee, in
accordance with Commission Rules, may file a petition for an
emergency hearing by an Arbitrator on the issue of whether or
not he is entitled to receive payment of such compensation or
services as provided therein. Such petition shall have priority
over all other petitions and shall be heard by the Arbitrator
and Commission with all convenient speed.
Such petition shall contain the following information and
shall be served on the employer at least 15 days before it is
filed:
(i) the date and approximate time of the last exposure;
(ii) the approximate location of the last exposure;
(iii) a description of the last exposure;
(iv) the nature of the disability incurred by the
employee;
(v) the identity of the person, if known, to whom the
disability was reported and the date on which it was
reported;
(vi) the name and title of the person, if known,
representing the employer with whom the employee conferred
in any effort to obtain pursuant to Section 7 compensation
of the type provided for in paragraph (b) of Section 8 of
the Workers' Compensation Act or medical, surgical or
hospital services of the type provided for in paragraph (a)
of Section 8 of the Workers' Compensation Act and the date
of such conference;
(vii) a statement that the employer has refused to pay
compensation pursuant to Section 7 of the type provided for
in paragraph (b) of Section 8 of the Workers' Compensation
Act or for medical, surgical or hospital services pursuant
to Section 7 of the type provided for in paragraph (a) of
Section 8 of the Workers' Compensation Act;
(viii) the name and address, if known, of each witness
to the last exposure and of each other person upon whom the
employee will rely to support his allegations;
(ix) the dates of treatment related to the disability
by medical practitioners, and the names and addresses of
such practitioners, including the dates of treatment
related to the disability at any hospitals and the names
and addresses of such hospitals, and a signed authorization
permitting the employer to examine all medical records of
all practitioners and hospitals named pursuant to this
paragraph;
(x) a copy of a signed report by a medical
practitioner, relating to the employee's current inability
to return to work because of the disability incurred as a
result of the exposure or such other documents or
affidavits which show that the employee is entitled to
receive pursuant to Section 7 compensation of the type
provided for in paragraph (b) of Section 8 of the Workers'
Compensation Act or medical, surgical or hospital services
of the type provided for in paragraph (a) of Section 8 of
the Workers' Compensation Act. Such reports, documents or
affidavits shall state, if possible, the history of the
exposure given by the employee, and describe the disability
and medical diagnosis, the medical services for such
disability which the employee has received and is
receiving, the physical activities which the employee
cannot currently perform as a result of such disability,
and the prognosis for recovery;
(xi) complete copies of any reports, records,
documents and affidavits in the possession of the employee
on which the employee will rely to support his allegations,
provided that the employer shall pay the reasonable cost of
reproduction thereof;
(xii) a list of any reports, records, documents and
affidavits which the employee has demanded by subpoena and
on which he intends to rely to support his allegations;
(xiii) a certification signed by the employee or his
representative that the employer has received the petition
with the required information 15 days before filing.
Fifteen days after receipt by the employer of the petition
with the required information the employee may file said
petition and required information and shall serve notice of the
filing upon the employer. The employer may file a motion
addressed to the sufficiency of the petition. If an objection
has been filed to the sufficiency of the petition, the
arbitrator shall rule on the objection within 2 working days.
If such an objection is filed, the time for filing the final
decision of the Commission as provided in this paragraph shall
be tolled until the arbitrator has determined that the petition
is sufficient.
The employer shall, within 15 days after receipt of the
notice that such petition is filed, file with the Commission
and serve on the employee or his representative a written
response to each claim set forth in the petition, including the
legal and factual basis for each disputed allegation and the
following information: (i) complete copies of any reports,
records, documents and affidavits in the possession of the
employer on which the employer intends to rely in support of
his response, (ii) a list of any reports, records, documents
and affidavits which the employer has demanded by subpoena and
on which the employer intends to rely in support of his
response, (iii) the name and address of each witness on whom
the employer will rely to support his response, and (iv) the
names and addresses of any medical practitioners selected by
the employer pursuant to Section 12 of this Act and the time
and place of any examination scheduled to be made pursuant to
such Section.
Any employer who does not timely file and serve a written
response without good cause may not introduce any evidence to
dispute any claim of the employee but may cross examine the
employee or any witness brought by the employee and otherwise
be heard.
No document or other evidence not previously identified by
either party with the petition or written response, or by any
other means before the hearing, may be introduced into evidence
without good cause. If, at the hearing, material information is
discovered which was not previously disclosed, the Arbitrator
may extend the time for closing proof on the motion of a party
for a reasonable period of time which may be more than 30 days.
No evidence may be introduced pursuant to this paragraph as to
permanent disability. No award may be entered for permanent
disability pursuant to this paragraph. Either party may
introduce into evidence the testimony taken by deposition of
any medical practitioner.
The Commission shall adopt rules, regulations and
procedures whereby the final decision of the Commission is
filed not later than 90 days from the date the petition for
review is filed but in no event later than 180 days from the
date the petition for an emergency hearing is filed with the
Illinois Workers' Compensation Commission.
All service required pursuant to this paragraph (b-1) must
be by personal service or by certified mail and with evidence
of receipt. In addition, for the purposes of this paragraph,
all service on the employer must be at the premises where the
accident occurred if the premises are owned or operated by the
employer. Otherwise service must be at the employee's principal
place of employment by the employer. If service on the employer
is not possible at either of the above, then service shall be
at the employer's principal place of business. After initial
service in each case, service shall be made on the employer's
attorney or designated representative.
(c)(1) At a reasonable time in advance of and in connection
with the hearing under Section 19(e) or 19(h), the Commission
may on its own motion order an impartial physical or mental
examination of a petitioner whose mental or physical condition
is in issue, when in the Commission's discretion it appears
that such an examination will materially aid in the just
determination of the case. The examination shall be made by a
member or members of a panel of physicians chosen for their
special qualifications by the Illinois State Medical Society.
The Commission shall establish procedures by which a physician
shall be selected from such list.
(2) Should the Commission at any time during the hearing
find that compelling considerations make it advisable to have
an examination and report at that time, the Commission may in
its discretion so order.
(3) A copy of the report of examination shall be given to
the Commission and to the attorneys for the parties.
(4) Either party or the Commission may call the examining
physician or physicians to testify. Any physician so called
shall be subject to cross-examination.
(5) The examination shall be made, and the physician or
physicians, if called, shall testify, without cost to the
parties. The Commission shall determine the compensation and
the pay of the physician or physicians. The compensation for
this service shall not exceed the usual and customary amount
for such service.
The fees and payment thereof of all attorneys and
physicians for services authorized by the Commission under this
Act shall, upon request of either the employer or the employee
or the beneficiary affected, be subject to the review and
decision of the Commission.
(d) If any employee shall persist in insanitary or
injurious practices which tend to either imperil or retard his
recovery or shall refuse to submit to such medical, surgical,
or hospital treatment as is reasonably essential to promote his
recovery, the Commission may, in its discretion, reduce or
suspend the compensation of any such employee; provided, that
when an employer and employee so agree in writing, the
foregoing provision shall not be construed to authorize the
reduction or suspension of compensation of an employee who is
relying in good faith, on treatment by prayer or spiritual
means alone, in accordance with the tenets and practice of a
recognized church or religious denomination, by a duly
accredited practitioner thereof.
(e) This paragraph shall apply to all hearings before the
Commission. Such hearings may be held in its office or
elsewhere as the Commission may deem advisable. The taking of
testimony on such hearings may be had before any member of the
Commission. If a petition for review and agreed statement of
facts or transcript of evidence is filed, as provided herein,
the Commission shall promptly review the decision of the
Arbitrator and all questions of law or fact which appear from
the statement of facts or transcripts of evidence. In all cases
in which the hearing before the arbitrator is held after the
effective date of this amendatory Act of 1989, no additional
evidence shall be introduced by the parties before the
Commission on review of the decision of the Arbitrator. The
Commission shall file in its office its decision thereon, and
shall immediately send to each party or his attorney a copy of
such decision and a notification of the time when it was filed.
Decisions shall be filed within 60 days after the Statement of
Exceptions and Supporting Brief and Response thereto are
required to be filed or oral argument whichever is later.
In the event either party requests oral argument, such
argument shall be had before a panel of 3 members of the
Commission (or before all available members pursuant to the
determination of 7 members of the Commission that such argument
be held before all available members of the Commission)
pursuant to the rules and regulations of the Commission. A
panel of 3 members, which shall be comprised of not more than
one representative citizen of the employing class and not more
than one representative from a labor organization recognized
under the National Labor Relations Act or an attorney who has
represented labor organizations or has represented employees
in workers' compensation cases citizen of the employee class,
shall hear the argument; provided that if all the issues in
dispute are solely the nature and extent of the permanent
partial disability, if any, a majority of the panel may deny
the request for such argument and such argument shall not be
held; and provided further that 7 members of the Commission may
determine that the argument be held before all available
members of the Commission. A decision of the Commission shall
be approved by a majority of Commissioners present at such
hearing if any; provided, if no such hearing is held, a
decision of the Commission shall be approved by a majority of a
panel of 3 members of the Commission as described in this
Section. The Commission shall give 10 days' notice to the
parties or their attorneys of the time and place of such taking
of testimony and of such argument.
In any case the Commission in its decision may in its
discretion find specially upon any question or questions of law
or facts which shall be submitted in writing by either party
whether ultimate or otherwise; provided that on issues other
than nature and extent of the disablement, if any, the
Commission in its decision shall find specially upon any
question or questions of law or fact, whether ultimate or
otherwise, which are submitted in writing by either party;
provided further that not more than 5 such questions may be
submitted by either party. Any party may, within 20 days after
receipt of notice of the Commission's decision, or within such
further time, not exceeding 30 days, as the Commission may
grant, file with the Commission either an agreed statement of
the facts appearing upon the hearing, or, if such party shall
so elect, a correct transcript of evidence of the additional
proceedings presented before the Commission in which report the
party may embody a correct statement of such other proceedings
in the case as such party may desire to have reviewed, such
statement of facts or transcript of evidence to be
authenticated by the signature of the parties or their
attorneys, and in the event that they do not agree, then the
authentication of such transcript of evidence shall be by the
signature of any member of the Commission.
If a reporter does not for any reason furnish a transcript
of the proceedings before the Arbitrator in any case for use on
a hearing for review before the Commission, within the
limitations of time as fixed in this Section, the Commission
may, in its discretion, order a trial de novo before the
Commission in such case upon application of either party. The
applications for adjustment of claim and other documents in the
nature of pleadings filed by either party, together with the
decisions of the Arbitrator and of the Commission and the
statement of facts or transcript of evidence hereinbefore
provided for in paragraphs (b) and (c) shall be the record of
the proceedings of the Commission, and shall be subject to
review as hereinafter provided.
At the request of either party or on its own motion, the
Commission shall set forth in writing the reasons for the
decision, including findings of fact and conclusions of law,
separately stated. The Commission shall by rule adopt a format
for written decisions for the Commission and arbitrators. The
written decisions shall be concise and shall succinctly state
the facts and reasons for the decision. The Commission may
adopt in whole or in part, the decision of the arbitrator as
the decision of the Commission. When the Commission does so
adopt the decision of the arbitrator, it shall do so by order.
Whenever the Commission adopts part of the arbitrator's
decision, but not all, it shall include in the order the
reasons for not adopting all of the arbitrator's decision. When
a majority of a panel, after deliberation, has arrived at its
decision, the decision shall be filed as provided in this
Section without unnecessary delay, and without regard to the
fact that a member of the panel has expressed an intention to
dissent. Any member of the panel may file a dissent. Any
dissent shall be filed no later than 10 days after the decision
of the majority has been filed.
Decisions rendered by the Commission after the effective
date of this amendatory Act of 1980 and dissents, if any, shall
be published together by the Commission. The conclusions of law
set out in such decisions shall be regarded as precedents by
arbitrators, for the purpose of achieving a more uniform
administration of this Act.
(f) The decision of the Commission acting within its
powers, according to the provisions of paragraph (e) of this
Section shall, in the absence of fraud, be conclusive unless
reviewed as in this paragraph hereinafter provided. However,
the Arbitrator or the Commission may on his or its own motion,
or on the motion of either party, correct any clerical error or
errors in computation within 15 days after the date of receipt
of any award by such Arbitrator or any decision on review of
the Commission, and shall have the power to recall the original
award on arbitration or decision on review, and issue in lieu
thereof such corrected award or decision. Where such correction
is made the time for review herein specified shall begin to run
from the date of the receipt of the corrected award or
decision.
(1) Except in cases of claims against the State of
Illinois, in which case the decision of the Commission
shall not be subject to judicial review, the Circuit Court
of the county where any of the parties defendant may be
found, or if none of the parties defendant be found in this
State then the Circuit Court of the county where any of the
exposure occurred, shall by summons to the Commission have
power to review all questions of law and fact presented by
such record.
A proceeding for review shall be commenced within 20
days of the receipt of notice of the decision of the
Commission. The summons shall be issued by the clerk of
such court upon written request returnable on a designated
return day, not less than 10 or more than 60 days from the
date of issuance thereof, and the written request shall
contain the last known address of other parties in interest
and their attorneys of record who are to be served by
summons. Service upon any member of the Commission or the
Secretary or the Assistant Secretary thereof shall be
service upon the Commission, and service upon other parties
in interest and their attorneys of record shall be by
summons, and such service shall be made upon the Commission
and other parties in interest by mailing notices of the
commencement of the proceedings and the return day of the
summons to the office of the Commission and to the last
known place of residence of other parties in interest or
their attorney or attorneys of record. The clerk of the
court issuing the summons shall on the day of issue mail
notice of the commencement of the proceedings which shall
be done by mailing a copy of the summons to the office of
the Commission, and a copy of the summons to the other
parties in interest or their attorney or attorneys of
record and the clerk of the court shall make certificate
that he has so sent such notices in pursuance of this
Section, which shall be evidence of service on the
Commission and other parties in interest.
The Commission shall not be required to certify the
record of their proceedings in the Circuit Court unless the
party commencing the proceedings for review in the Circuit
Court as above provided, shall file with the Commission
notice of intent to file for review in Circuit Court. It
shall be the duty of the Commission upon such filing of
notice of intent to file for review in Circuit Court to
prepare a true and correct copy of such testimony and a
true and correct copy of all other matters contained in
such record and certified to by the Secretary or Assistant
Secretary thereof. The changes made to this subdivision
(f)(1) by this amendatory Act of the 98th General Assembly
apply to any Commission decision entered after the
effective date of this amendatory Act of the 98th General
Assembly.
No request for a summons may be filed and no summons
shall issue unless the party seeking to review the decision
of the Commission shall exhibit to the clerk of the Circuit
Court proof of filing with the Commission of the notice of
the intent to file for review in the Circuit Court or an
affidavit of the attorney setting forth that notice of
intent to file for review in Circuit Court has been given
in writing to the Secretary or Assistant Secretary of the
Commission.
(2) No such summons shall issue unless the one against
whom the Commission shall have rendered an award for the
payment of money shall upon the filing of his written
request for such summons file with the clerk of the court a
bond conditioned that if he shall not successfully
prosecute the review, he will pay the award and the costs
of the proceedings in the court. The amount of the bond
shall be fixed by any member of the Commission and the
surety or sureties of the bond shall be approved by the
clerk of the court. The acceptance of the bond by the clerk
of the court shall constitute evidence of his approval of
the bond.
Every county, city, town, township, incorporated
village, school district, body politic or municipal
corporation having a population of 500,000 or more against
whom the Commission shall have rendered an award for the
payment of money shall not be required to file a bond to
secure the payment of the award and the costs of the
proceedings in the court to authorize the court to issue
such summons.
The court may confirm or set aside the decision of the
Commission. If the decision is set aside and the facts
found in the proceedings before the Commission are
sufficient, the court may enter such decision as is
justified by law, or may remand the cause to the Commission
for further proceedings and may state the questions
requiring further hearing, and give such other
instructions as may be proper. Appeals shall be taken to
the Appellate Court in accordance with Supreme Court Rules
22(g) and 303. Appeals shall be taken from the Appellate
Court to the Supreme Court in accordance with Supreme Court
Rule 315.
It shall be the duty of the clerk of any court
rendering a decision affecting or affirming an award of the
Commission to promptly furnish the Commission with a copy
of such decision, without charge.
The decision of a majority of the members of the panel
of the Commission, shall be considered the decision of the
Commission.
(g) Except in the case of a claim against the State of
Illinois, either party may present a certified copy of the
award of the Arbitrator, or a certified copy of the decision of
the Commission when the same has become final, when no
proceedings for review are pending, providing for the payment
of compensation according to this Act, to the Circuit Court of
the county in which such exposure occurred or either of the
parties are residents, whereupon the court shall enter a
judgment in accordance therewith. In case where the employer
refuses to pay compensation according to such final award or
such final decision upon which such judgment is entered, the
court shall in entering judgment thereon, tax as costs against
him the reasonable costs and attorney fees in the arbitration
proceedings and in the court entering the judgment for the
person in whose favor the judgment is entered, which judgment
and costs taxed as herein provided shall, until and unless set
aside, have the same effect as though duly entered in an action
duly tried and determined by the court, and shall with like
effect, be entered and docketed. The Circuit Court shall have
power at any time upon application to make any such judgment
conform to any modification required by any subsequent decision
of the Supreme Court upon appeal, or as the result of any
subsequent proceedings for review, as provided in this Act.
Judgment shall not be entered until 15 days' notice of the
time and place of the application for the entry of judgment
shall be served upon the employer by filing such notice with
the Commission, which Commission shall, in case it has on file
the address of the employer or the name and address of its
agent upon whom notices may be served, immediately send a copy
of the notice to the employer or such designated agent.
(h) An agreement or award under this Act providing for
compensation in installments, may at any time within 18 months
after such agreement or award be reviewed by the Commission at
the request of either the employer or the employee on the
ground that the disability of the employee has subsequently
recurred, increased, diminished or ended.
However, as to disablements occurring subsequently to July
1, 1955, which are covered by any agreement or award under this
Act providing for compensation in installments made as a result
of such disablement, such agreement or award may at any time
within 30 months after such agreement or award be reviewed by
the Commission at the request of either the employer or the
employee on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended.
On such review compensation payments may be
re-established, increased, diminished or ended. The Commission
shall give 15 days' notice to the parties of the hearing for
review. Any employee, upon any petition for such review being
filed by the employer, shall be entitled to one day's notice
for each 100 miles necessary to be traveled by him in attending
the hearing of the Commission upon the petition, and 3 days in
addition thereto. Such employee shall, at the discretion of the
Commission, also be entitled to 5 cents per mile necessarily
traveled by him within the State of Illinois in attending such
hearing, not to exceed a distance of 300 miles, to be taxed by
the Commission as costs and deposited with the petition of the
employer.
When compensation which is payable in accordance with an
award or settlement contract approved by the Commission, is
ordered paid in a lump sum by the Commission, no review shall
be had as in this paragraph mentioned.
(i) Each party, upon taking any proceedings or steps
whatsoever before any Arbitrator, Commission or court, shall
file with the Commission his address, or the name and address
of any agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail,
addressed to such party or agent at the last address so filed
with the Commission. In the event such party has not filed his
address, or the name and address of an agent as above provided,
service of any notice may be had by filing such notice with the
Commission.
(j) Whenever in any proceeding testimony has been taken or
a final decision has been rendered, and after the taking of
such testimony or after such decision has become final, the
employee dies, then in any subsequent proceeding brought by the
personal representative or beneficiaries of the deceased
employee, such testimony in the former proceeding may be
introduced with the same force and effect as though the witness
having so testified were present in person in such subsequent
proceedings and such final decision, if any, shall be taken as
final adjudication of any of the issues which are the same in
both proceedings.
(k) In any case where there has been any unreasonable or
vexatious delay of payment or intentional underpayment of
compensation, or proceedings have been instituted or carried on
by one liable to pay the compensation, which do not present a
real controversy, but are merely frivolous or for delay, then
the Commission may award compensation additional to that
otherwise payable under this Act equal to 50% of the amount
payable at the time of such award. Failure to pay compensation
in accordance with the provisions of Section 8, paragraph (b)
of this Act, shall be considered unreasonable delay.
When determining whether this subsection (k) shall apply,
the Commission shall consider whether an arbitrator has
determined that the claim is not compensable or whether the
employer has made payments under Section 8(j) of the Workers'
Compensation Act.
(k-1) If the employee has made written demand for payment
of benefits under Section 8(a) or Section 8(b) of the Workers'
Compensation Act, the employer shall have 14 days after receipt
of the demand to set forth in writing the reason for the delay.
In the case of demand for payment of medical benefits under
Section 8(a) of the Workers' Compensation Act, the time for the
employer to respond shall not commence until the expiration of
the allotted 60 days specified under Section 8.2(d) of the
Workers' Compensation Act. In case the employer or his or her
insurance carrier shall without good and just cause fail,
neglect, refuse, or unreasonably delay the payment of benefits
under Section 8(a) or Section 8(b) of the Workers' Compensation
Act, the Arbitrator or the Commission shall allow to the
employee additional compensation in the sum of $30 per day for
each day that the benefits under Section 8(a) or Section 8(b)
of the Workers' Compensation Act have been so withheld or
refused, not to exceed $10,000. A delay in payment of 14 days
or more shall create a rebuttable presumption of unreasonable
delay.
(l) By the 15th day of each month each insurer providing
coverage for losses under this Act shall notify each insured
employer of any compensable claim incurred during the preceding
month and the amounts paid or reserved on the claim including a
summary of the claim and a brief statement of the reasons for
compensability. A cumulative report of all claims incurred
during a calendar year or continued from the previous year
shall be furnished to the insured employer by the insurer
within 30 days after the end of that calendar year.
The insured employer may challenge, in proceeding before
the Commission, payments made by the insurer without
arbitration and payments made after a case is determined to be
noncompensable. If the Commission finds that the case was not
compensable, the insurer shall purge its records as to that
employer of any loss or expense associated with the claim,
reimburse the employer for attorneys fee arising from the
challenge and for any payment required of the employer to the
Rate Adjustment Fund or the Second Injury Fund, and may not
effect the loss or expense for rate making purposes. The
employee shall not be required to refund the challenged
payment. The decision of the Commission may be reviewed in the
same manner as in arbitrated cases. No challenge may be
initiated under this paragraph more than 3 years after the
payment is made. An employer may waive the right of challenge
under this paragraph on a case by case basis.
(m) After filing an application for adjustment of claim but
prior to the hearing on arbitration the parties may voluntarily
agree to submit such application for adjustment of claim for
decision by an arbitrator under this subsection (m) where such
application for adjustment of claim raises only a dispute over
temporary total disability, permanent partial disability or
medical expenses. Such agreement shall be in writing in such
form as provided by the Commission. Applications for adjustment
of claim submitted for decision by an arbitrator under this
subsection (m) shall proceed according to rule as established
by the Commission. The Commission shall promulgate rules
including, but not limited to, rules to ensure that the parties
are adequately informed of their rights under this subsection
(m) and of the voluntary nature of proceedings under this
subsection (m). The findings of fact made by an arbitrator
acting within his or her powers under this subsection (m) in
the absence of fraud shall be conclusive. However, the
arbitrator may on his own motion, or the motion of either
party, correct any clerical errors or errors in computation
within 15 days after the date of receipt of such award of the
arbitrator and shall have the power to recall the original
award on arbitration, and issue in lieu thereof such corrected
award. The decision of the arbitrator under this subsection (m)
shall be considered the decision of the Commission and
proceedings for review of questions of law arising from the
decision may be commenced by either party pursuant to
subsection (f) of Section 19. The Advisory Board established
under Section 13.1 of the Workers' Compensation Act shall
compile a list of certified Commission arbitrators, each of
whom shall be approved by at least 7 members of the Advisory
Board. The chairman shall select 5 persons from such list to
serve as arbitrators under this subsection (m). By agreement,
the parties shall select one arbitrator from among the 5
persons selected by the chairman except, that if the parties do
not agree on an arbitrator from among the 5 persons, the
parties may, by agreement, select an arbitrator of the American
Arbitration Association, whose fee shall be paid by the State
in accordance with rules promulgated by the Commission.
Arbitration under this subsection (m) shall be voluntary.
(Source: P.A. 98-40, eff. 6-28-13.)
feedback