Bill Text: IL HB2301 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the contents of the engrossed bill and further provides that a panel of Commissioners under the Workers' Compensation Act include a representative of a recognized labor organization or an attorney who has represented labor organizations or has represented employees in workers compensation cases (instead of only a representative of a recognized labor organization). Makes an identical change with respect to the Workers' Compensation Medical Fee Advisory Board, the Workers' Compensation Advisory Board, and three-member panels of the Workers' Compensation Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0384 [HB2301 Detail]
Download: Illinois-2019-HB2301-Enrolled.html
Bill Title: Reinserts the contents of the engrossed bill and further provides that a panel of Commissioners under the Workers' Compensation Act include a representative of a recognized labor organization or an attorney who has represented labor organizations or has represented employees in workers compensation cases (instead of only a representative of a recognized labor organization). Makes an identical change with respect to the Workers' Compensation Medical Fee Advisory Board, the Workers' Compensation Advisory Board, and three-member panels of the Workers' Compensation Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0384 [HB2301 Detail]
Download: Illinois-2019-HB2301-Enrolled.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Sections 5-125, 5-155, and 5-540 as | ||||||
6 | follows:
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7 | (20 ILCS 5/5-125) (was 20 ILCS 5/5.13i)
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8 | Sec. 5-125. In the Department of Employment Security. The | ||||||
9 | board of review, which shall consist of 5 members, 2 of
whom | ||||||
10 | shall be representatives of a labor organization recognized | ||||||
11 | under the National Labor Relations Act representative citizens | ||||||
12 | chosen from the
employee class ,
2 of whom shall be | ||||||
13 | representative citizens chosen from the
employing
class, and | ||||||
14 | one of whom shall be a representative citizen not identified
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15 | with either the employing class or a labor organization | ||||||
16 | employee classes .
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17 | (Source: P.A. 91-239, eff. 1-1-00.)
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18 | (20 ILCS 5/5-155) (was 20 ILCS 5/5.04)
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19 | Sec. 5-155.
In the Office of Mines and
Minerals of the | ||||||
20 | Department of Natural Resources.
In the Office of Mines and | ||||||
21 | Minerals of the Department of Natural
Resources, there shall be | ||||||
22 | a State Mining Board, which shall consist
of 6 officers |
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1 | designated as mine officers and the Director of the
Office
of | ||||||
2 | Mines and Minerals. Three officers shall be representatives of | ||||||
3 | the
employing class and 3 officers shall be chosen from a labor | ||||||
4 | organization recognized under the National Labor Relations Act | ||||||
5 | representing coal miners of the employee class . The 6 mine | ||||||
6 | officers shall be
qualified as follows:
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7 | (1) Two mine officers from the employing class shall | ||||||
8 | have at
least 4 years' years
experience in a supervisory | ||||||
9 | capacity in an underground coal mine and each
shall hold a | ||||||
10 | certificate of competency as an Illinois a mine examiner or | ||||||
11 | Illinois mine manager.
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12 | (2) The third mine officer from the employing class | ||||||
13 | shall have
at least
4 years' years experience in a | ||||||
14 | supervisory capacity in a surface coal mine.
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15 | (3) Two mine officers chosen from a labor organization | ||||||
16 | representing coal miners from the employee class shall have | ||||||
17 | 4
years experience
in an underground coal mine and shall | ||||||
18 | hold certificates a first class certificate of
competency | ||||||
19 | as an Illinois mine examiner .
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20 | (4) The third mine officer chosen from a labor | ||||||
21 | organization representing coal miners from the employee | ||||||
22 | class shall have
at least
4 years experience in a surface | ||||||
23 | coal mine.
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24 | (Source: P.A. 91-239, eff. 1-1-00.)
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25 | (20 ILCS 5/5-540) (was 20 ILCS 5/6.28 and 5/7.01)
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1 | Sec. 5-540. In the Department of Employment Security. An
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2 | Employment
Security Advisory Board,
composed of 12 persons. Of | ||||||
3 | the
12 members of
the Employment Security Advisory Board, 4 | ||||||
4 | members shall be chosen from a labor organization recognized | ||||||
5 | under the National Labor Relations Act
representative
citizens | ||||||
6 | chosen from the employee class , 4 members shall be
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7 | representative citizens chosen from the employing class, and 4
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8 | members
shall be representative citizens not identified with | ||||||
9 | either the employing
class
or a labor organization the employee | ||||||
10 | class .
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11 | (Source: P.A. 93-634, eff. 1-1-04.)
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12 | Section 7. The Coal Mining Act is amended by changing | ||||||
13 | Sections 8.02 and 8.03 as follows:
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14 | (225 ILCS 705/8.02) (from Ch. 96 1/2, par. 802)
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15 | Sec. 8.02.
There is created in the Department of Natural | ||||||
16 | Resources, Office
of Mines and Minerals, a Miners' Examining | ||||||
17 | Board which shall consist of 4
four miners' examining officers | ||||||
18 | to be appointed by the Governor, 2 of whom must be from a labor | ||||||
19 | organization recognized under the National Labor Relations Act | ||||||
20 | representing coal miners, for a term of
2 years and until their | ||||||
21 | successors are appointed and qualified. Terms of
office shall | ||||||
22 | commence on the third Monday in January in each odd-numbered | ||||||
23 | year.
Three of such officers shall constitute a quorum.
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24 | This amendatory Act of 1995 does not affect the terms of |
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1 | members of the
Miners' Examining Board holding office on the | ||||||
2 | effective date of this amendatory
Act of 1995.
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3 | A complete record of the proceedings and acts of the | ||||||
4 | Miners'
Examining Board shall be kept and preserved. Said | ||||||
5 | officers shall hold no
other lucrative office or employment | ||||||
6 | under the government of the United
States, State of Illinois, | ||||||
7 | or any political division thereof or any
municipal corporation | ||||||
8 | therein and each such officer before entering upon
the duties | ||||||
9 | of his office shall subscribe and take the oath prescribed by
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10 | the Constitution of this State, and shall before entering upon | ||||||
11 | the duties
of his office give a bond with sufficient surety to | ||||||
12 | be approved by the
Governor, payable to the People of the State | ||||||
13 | of Illinois in the penal sum
of $5,000, conditioned for the | ||||||
14 | faithful discharge of the duties of office
and the delivery of | ||||||
15 | all records, books, moneys, and other property
pertaining to | ||||||
16 | his successor in office, which said bond shall be deposited
in | ||||||
17 | the office of the Secretary of State. Vacancies shall be filled | ||||||
18 | by
appointment as provided herein for the balance of the | ||||||
19 | unexpired term.
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20 | (Source: P.A. 89-445, eff. 2-7-96.)
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21 | (225 ILCS 705/8.03) (from Ch. 96 1/2, par. 803)
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22 | Sec. 8.03.
No person shall be appointed to the Miners' | ||||||
23 | Examining Board who
has not had at least 5 years' practical and | ||||||
24 | continuous experience as an underground a coal
miner . The | ||||||
25 | members of the Miners' Examining Board shall hold certificates |
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1 | of competency as an Illinois mine examiner. Two of the members | ||||||
2 | of the Miners' Examining Board shall be representatives of a | ||||||
3 | labor organization recognized under the National Labor | ||||||
4 | Relations Act representing coal miners. Two of the members of | ||||||
5 | the Miners' Examining Board shall be from the employing class. , | ||||||
6 | and who has not been actually engaged in coal mining as a miner | ||||||
7 | in
the State of Illinois continuously for 12 months next | ||||||
8 | preceding his
appointment; except that a miners' examining | ||||||
9 | officer may be appointed to
succeed himself.
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10 | (Source: Laws 1953, p. 701.)
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11 | Section 10. The Workers' Compensation Act is amended by | ||||||
12 | changing Sections 4, 8.3, 13, 13.1, and 19 as follows:
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13 | (820 ILCS 305/4) (from Ch. 48, par. 138.4)
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14 | Sec. 4. (a) Any employer, including but not limited to | ||||||
15 | general contractors
and their subcontractors, who shall come | ||||||
16 | within the provisions of
Section 3 of this Act, and any other | ||||||
17 | employer who shall elect to provide
and pay the compensation | ||||||
18 | provided for in this Act shall:
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19 | (1) File with the Commission annually an application | ||||||
20 | for approval as a
self-insurer which shall include a | ||||||
21 | current financial statement, and
annually, thereafter, an | ||||||
22 | application for renewal of self-insurance, which
shall | ||||||
23 | include a current financial statement. Said
application | ||||||
24 | and financial statement shall be signed and sworn to by the
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1 | president or vice president and secretary or assistant | ||||||
2 | secretary of the
employer if it be a corporation, or by all | ||||||
3 | of the partners, if it be a
copartnership, or by the owner | ||||||
4 | if it be neither a copartnership nor a
corporation. All | ||||||
5 | initial applications and all applications for renewal of
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6 | self-insurance must be submitted at least 60 days prior to | ||||||
7 | the requested
effective date of self-insurance. An | ||||||
8 | employer may elect to provide and pay
compensation as | ||||||
9 | provided
for in this Act as a member of a group workers' | ||||||
10 | compensation pool under Article
V 3/4 of the Illinois | ||||||
11 | Insurance Code. If an employer becomes a member of a
group | ||||||
12 | workers' compensation pool, the employer shall not be | ||||||
13 | relieved of any
obligations imposed by this Act.
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14 | If the sworn application and financial statement of any | ||||||
15 | such employer
does not satisfy the Commission of the | ||||||
16 | financial ability of the employer
who has filed it, the | ||||||
17 | Commission shall require such employer to,
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18 | (2) Furnish security, indemnity or a bond guaranteeing | ||||||
19 | the payment
by the employer of the compensation provided | ||||||
20 | for in this Act, provided
that any such employer whose | ||||||
21 | application and financial statement shall
not have | ||||||
22 | satisfied the commission of his or her financial ability | ||||||
23 | and
who shall have secured his liability in part by excess | ||||||
24 | liability insurance
shall be required to furnish to the | ||||||
25 | Commission security, indemnity or bond
guaranteeing his or | ||||||
26 | her payment up to the effective limits of the excess
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1 | coverage, or
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2 | (3) Insure his entire liability to pay such | ||||||
3 | compensation in some
insurance carrier authorized, | ||||||
4 | licensed, or permitted to do such
insurance business in | ||||||
5 | this State. Every policy of an insurance carrier,
insuring | ||||||
6 | the payment of compensation under this Act shall cover all | ||||||
7 | the
employees and the entire compensation liability of the | ||||||
8 | insured:
Provided, however, that any employer may insure | ||||||
9 | his or her compensation
liability with 2 or more insurance | ||||||
10 | carriers or may insure a part and
qualify under subsection | ||||||
11 | 1, 2, or 4 for the remainder of his or her
liability to pay | ||||||
12 | such compensation, subject to the following two | ||||||
13 | provisions:
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14 | Firstly, the entire compensation liability of the | ||||||
15 | employer to
employees working at or from one location | ||||||
16 | shall be insured in one such
insurance carrier or shall | ||||||
17 | be self-insured, and
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18 | Secondly, the employer shall submit evidence | ||||||
19 | satisfactorily to the
Commission that his or her entire | ||||||
20 | liability for the compensation provided
for in this Act | ||||||
21 | will be secured. Any provisions in any policy, or in | ||||||
22 | any
endorsement attached thereto, attempting to limit | ||||||
23 | or modify in any way,
the liability of the insurance | ||||||
24 | carriers issuing the same except as
otherwise provided | ||||||
25 | herein shall be wholly void.
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26 | Nothing herein contained shall apply to policies of |
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1 | excess liability
carriage secured by employers who have | ||||||
2 | been approved by the Commission
as self-insurers, or
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3 | (4) Make some other provision, satisfactory to the | ||||||
4 | Commission, for
the securing of the payment of compensation | ||||||
5 | provided for in this Act,
and
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6 | (5) Upon becoming subject to this Act and thereafter as | ||||||
7 | often as the
Commission may in writing demand, file with | ||||||
8 | the Commission in form prescribed
by it evidence of his or | ||||||
9 | her compliance with the provision of this Section.
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10 | (a-1) Regardless of its state of domicile or its principal | ||||||
11 | place of
business, an employer shall make payments to its | ||||||
12 | insurance carrier or group
self-insurance fund, where | ||||||
13 | applicable, based upon the premium rates of the
situs where the | ||||||
14 | work or project is located in Illinois if:
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15 | (A) the employer is engaged primarily in the building | ||||||
16 | and
construction industry; and
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17 | (B) subdivision (a)(3) of this Section applies to the | ||||||
18 | employer or
the employer is a member of a group | ||||||
19 | self-insurance plan as defined in
subsection (1) of Section | ||||||
20 | 4a.
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21 | The Illinois Workers' Compensation Commission shall impose | ||||||
22 | a penalty upon an employer
for violation of this subsection | ||||||
23 | (a-1) if:
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24 | (i) the employer is given an opportunity at a hearing | ||||||
25 | to present
evidence of its compliance with this subsection | ||||||
26 | (a-1); and
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1 | (ii) after the hearing, the Commission finds that the | ||||||
2 | employer
failed to make payments upon the premium rates of | ||||||
3 | the situs where the work or
project is located in Illinois.
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4 | The penalty shall not exceed $1,000 for each day of work | ||||||
5 | for which
the employer failed to make payments upon the premium | ||||||
6 | rates of the situs where
the
work or project is located in | ||||||
7 | Illinois, but the total penalty shall not exceed
$50,000 for | ||||||
8 | each project or each contract under which the work was
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9 | performed.
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10 | Any penalty under this subsection (a-1) must be imposed not | ||||||
11 | later
than one year after the expiration of the applicable | ||||||
12 | limitation period
specified in subsection (d) of Section 6 of | ||||||
13 | this Act. Penalties imposed under
this subsection (a-1) shall | ||||||
14 | be deposited into the Illinois Workers' Compensation | ||||||
15 | Commission
Operations Fund, a special fund that is created in | ||||||
16 | the State treasury. Subject
to appropriation, moneys in the | ||||||
17 | Fund shall be used solely for the operations
of the Illinois | ||||||
18 | Workers' Compensation Commission and by the Department of | ||||||
19 | Insurance for the purposes authorized in subsection (c) of | ||||||
20 | Section 25.5 of this Act.
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21 | (a-2) Every Employee Leasing Company (ELC), as defined in | ||||||
22 | Section 15 of the Employee Leasing Company Act, shall at a | ||||||
23 | minimum provide the following information to the Commission or | ||||||
24 | any entity designated by the Commission regarding each workers' | ||||||
25 | compensation insurance policy issued to the ELC: | ||||||
26 | (1) Any client company of the ELC listed as an |
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1 | additional named insured. | ||||||
2 | (2) Any informational schedule attached to the master | ||||||
3 | policy that identifies any individual client company's | ||||||
4 | name, FEIN, and job location. | ||||||
5 | (3) Any certificate of insurance coverage document | ||||||
6 | issued to a client company specifying its rights and | ||||||
7 | obligations under the master policy that establishes both | ||||||
8 | the identity and status of the client, as well as the dates | ||||||
9 | of inception and termination of coverage, if applicable. | ||||||
10 | (b) The sworn application and financial statement, or | ||||||
11 | security,
indemnity or bond, or amount of insurance, or other | ||||||
12 | provisions, filed,
furnished, carried, or made by the employer, | ||||||
13 | as the case may be, shall
be subject to the approval of the | ||||||
14 | Commission.
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15 | Deposits under escrow agreements shall be cash, negotiable | ||||||
16 | United
States government bonds or negotiable general | ||||||
17 | obligation bonds of the
State of Illinois. Such cash or bonds | ||||||
18 | shall be deposited in
escrow with any State or National Bank or | ||||||
19 | Trust Company having trust
authority in the State of Illinois.
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20 | Upon the approval of the sworn application and financial | ||||||
21 | statement,
security, indemnity or bond or amount of insurance, | ||||||
22 | filed, furnished or
carried, as the case may be, the Commission | ||||||
23 | shall send to the employer
written notice of its approval | ||||||
24 | thereof. The certificate of compliance
by the employer with the | ||||||
25 | provisions of subparagraphs (2) and (3) of
paragraph (a) of | ||||||
26 | this Section shall be delivered by the insurance
carrier to the |
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1 | Illinois Workers' Compensation Commission within five days | ||||||
2 | after the
effective date of the policy so certified. The | ||||||
3 | insurance so certified
shall cover all compensation liability | ||||||
4 | occurring during the time that
the insurance is in effect and | ||||||
5 | no further certificate need be filed in case
such insurance is | ||||||
6 | renewed, extended or otherwise continued by such
carrier. The | ||||||
7 | insurance so certified shall not be cancelled or in the
event | ||||||
8 | that such insurance is not renewed, extended or otherwise
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9 | continued, such insurance shall not be terminated until at | ||||||
10 | least 10
days after receipt by the Illinois Workers' | ||||||
11 | Compensation Commission of notice of the
cancellation or | ||||||
12 | termination of said insurance; provided, however, that
if the | ||||||
13 | employer has secured insurance from another insurance carrier, | ||||||
14 | or
has otherwise secured the payment of compensation in | ||||||
15 | accordance with
this Section, and such insurance or other | ||||||
16 | security becomes effective
prior to the expiration of the 10 | ||||||
17 | days, cancellation or termination may, at
the option of the | ||||||
18 | insurance carrier indicated in such notice, be effective
as of | ||||||
19 | the effective date of such other insurance or security.
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20 | (c) Whenever the Commission shall find that any | ||||||
21 | corporation,
company, association, aggregation of individuals, | ||||||
22 | reciprocal or
interinsurers exchange, or other insurer | ||||||
23 | effecting workers' compensation
insurance in this State shall | ||||||
24 | be insolvent, financially unsound, or
unable to fully meet all | ||||||
25 | payments and liabilities assumed or to be
assumed for | ||||||
26 | compensation insurance in this State, or shall practice a
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1 | policy of delay or unfairness toward employees in the | ||||||
2 | adjustment,
settlement, or payment of benefits due such | ||||||
3 | employees, the Commission
may after reasonable notice and | ||||||
4 | hearing order and direct that such
corporation, company, | ||||||
5 | association, aggregation of individuals,
reciprocal or | ||||||
6 | interinsurers exchange, or insurer, shall from and after a
date | ||||||
7 | fixed in such order discontinue the writing of any such | ||||||
8 | workers'
compensation insurance in this State. Subject to such | ||||||
9 | modification of
the order as the Commission may later make on | ||||||
10 | review of the order,
as herein provided, it shall thereupon be | ||||||
11 | unlawful for any such
corporation, company, association, | ||||||
12 | aggregation of individuals,
reciprocal or interinsurers | ||||||
13 | exchange, or insurer to effect any workers'
compensation | ||||||
14 | insurance in this State. A copy of the order shall be served
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15 | upon the Director of Insurance by registered mail. Whenever the | ||||||
16 | Commission
finds that any service or adjustment company used or | ||||||
17 | employed
by a self-insured employer or by an insurance carrier | ||||||
18 | to process,
adjust, investigate, compromise or otherwise | ||||||
19 | handle claims under this
Act, has practiced or is practicing a | ||||||
20 | policy of delay or unfairness
toward employees in the | ||||||
21 | adjustment, settlement or payment of benefits
due such | ||||||
22 | employees, the Commission may after reasonable notice and
| ||||||
23 | hearing order and direct that such service or adjustment | ||||||
24 | company shall
from and after a date fixed in such order be | ||||||
25 | prohibited from processing,
adjusting, investigating, | ||||||
26 | compromising or otherwise handling claims
under this Act.
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1 | Whenever the Commission finds that any self-insured | ||||||
2 | employer has
practiced or is practicing delay or unfairness | ||||||
3 | toward employees in the
adjustment, settlement or payment of | ||||||
4 | benefits due such employees, the
Commission may, after | ||||||
5 | reasonable notice and hearing, order and direct
that after a | ||||||
6 | date fixed in the order such self-insured employer shall be
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7 | disqualified to operate as a self-insurer and shall be required | ||||||
8 | to
insure his entire liability to pay compensation in some | ||||||
9 | insurance
carrier authorized, licensed and permitted to do such | ||||||
10 | insurance business
in this State, as provided in subparagraph 3 | ||||||
11 | of paragraph (a) of this
Section.
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12 | All orders made by the Commission under this Section shall | ||||||
13 | be subject
to review by the courts, said review to be taken in | ||||||
14 | the same manner and
within the same time as provided by Section | ||||||
15 | 19 of this Act for review of
awards and decisions of the | ||||||
16 | Commission, upon the party seeking the
review filing with the | ||||||
17 | clerk of the court to which said review is taken
a bond in an | ||||||
18 | amount to be fixed and approved by the court to which the
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19 | review is taken, conditioned upon the payment of all | ||||||
20 | compensation awarded
against the person taking said review | ||||||
21 | pending a decision thereof and
further conditioned upon such | ||||||
22 | other obligations as the court may impose.
Upon the review the | ||||||
23 | Circuit Court shall have power to review all questions
of fact | ||||||
24 | as well as of law. The penalty hereinafter provided for in this
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25 | paragraph shall not attach and shall not begin to run until the | ||||||
26 | final
determination of the order of the Commission.
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1 | (d) Whenever a panel of 3 Commissioners comprised of one | ||||||
2 | member of the employing class, one representative of a labor | ||||||
3 | organization recognized under the National Labor Relations Act | ||||||
4 | or an attorney who has represented labor organizations or has | ||||||
5 | represented employees in workers' compensation cases member of | ||||||
6 | the employee class , and one member not identified with either | ||||||
7 | the employing class or a labor organization or employee class , | ||||||
8 | with due process and after a hearing, determines an employer | ||||||
9 | has knowingly failed to provide coverage as required by | ||||||
10 | paragraph (a) of this Section, the failure shall be deemed an | ||||||
11 | immediate serious danger to public health, safety, and welfare | ||||||
12 | sufficient to justify service by the Commission of a work-stop | ||||||
13 | order on such employer, requiring the cessation of all business | ||||||
14 | operations of such employer at the place of employment or job | ||||||
15 | site. Any law enforcement agency in the State shall, at the | ||||||
16 | request of the Commission, render any assistance necessary to | ||||||
17 | carry out the provisions of this Section, including, but not | ||||||
18 | limited to, preventing any employee of such employer from | ||||||
19 | remaining at a place of employment or job site after a | ||||||
20 | work-stop order has taken effect. Any work-stop order shall be | ||||||
21 | lifted upon proof of insurance as required by this Act. Any | ||||||
22 | orders under this Section are appealable under Section 19(f) to | ||||||
23 | the Circuit Court.
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24 | Any individual employer, corporate officer or director of a | ||||||
25 | corporate employer, partner of an employer partnership, or | ||||||
26 | member of an employer limited liability company who knowingly |
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| |||||||
1 | fails to provide coverage as required by paragraph (a) of this | ||||||
2 | Section is guilty of a Class 4 felony. This provision shall not | ||||||
3 | apply to any corporate officer or director of any | ||||||
4 | publicly-owned corporation. Each day's violation constitutes a | ||||||
5 | separate offense. The State's Attorney of the county in which | ||||||
6 | the violation occurred, or the Attorney General, shall bring | ||||||
7 | such actions in the name of the People of the State of | ||||||
8 | Illinois, or may, in addition to other remedies provided in | ||||||
9 | this Section, bring an action for an injunction to restrain the | ||||||
10 | violation or to enjoin the operation of any such employer.
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11 | Any individual employer, corporate officer or director of a | ||||||
12 | corporate employer, partner of an employer partnership, or | ||||||
13 | member of an employer limited liability company who negligently | ||||||
14 | fails to provide coverage as required by paragraph (a) of this | ||||||
15 | Section is guilty of a Class A misdemeanor. This provision | ||||||
16 | shall not apply to any corporate officer or director of any | ||||||
17 | publicly-owned corporation. Each day's violation constitutes a | ||||||
18 | separate offense. The State's Attorney of the county in which | ||||||
19 | the violation occurred, or the Attorney General, shall bring | ||||||
20 | such actions in the name of the People of the State of | ||||||
21 | Illinois.
| ||||||
22 | The criminal penalties in this subsection (d) shall not | ||||||
23 | apply where
there exists a good faith dispute as to the | ||||||
24 | existence of an
employment relationship. Evidence of good faith | ||||||
25 | shall
include, but not be limited to, compliance with the | ||||||
26 | definition
of employee as used by the Internal Revenue Service.
|
| |||||||
| |||||||
1 | Employers who are subject to and who knowingly fail to | ||||||
2 | comply with this Section shall not be entitled to the benefits | ||||||
3 | of this Act during the period of noncompliance, but shall be | ||||||
4 | liable in an action under any other applicable law of this | ||||||
5 | State. In the action, such employer shall not avail himself or | ||||||
6 | herself of the defenses of assumption of risk or negligence or | ||||||
7 | that the injury was due to a co-employee. In the action, proof | ||||||
8 | of the injury shall constitute prima facie evidence of | ||||||
9 | negligence on the part of such employer and the burden shall be | ||||||
10 | on such employer to show freedom of negligence resulting in the | ||||||
11 | injury. The employer shall not join any other defendant in any | ||||||
12 | such civil action. Nothing in this amendatory Act of the 94th | ||||||
13 | General Assembly shall affect the employee's rights under | ||||||
14 | subdivision (a)3 of Section 1 of this Act. Any employer or | ||||||
15 | carrier who makes payments under subdivision (a)3 of Section 1 | ||||||
16 | of this Act shall have a right of reimbursement from the | ||||||
17 | proceeds of any recovery under this Section.
| ||||||
18 | An employee of an uninsured employer, or the employee's | ||||||
19 | dependents in case death ensued, may, instead of proceeding | ||||||
20 | against the employer in a civil action in court, file an | ||||||
21 | application for adjustment of claim with the Commission in | ||||||
22 | accordance with the provisions of this Act and the Commission | ||||||
23 | shall hear and determine the application for adjustment of | ||||||
24 | claim in the manner in which other claims are heard and | ||||||
25 | determined before the Commission.
| ||||||
26 | All proceedings under this subsection (d) shall be reported |
| |||||||
| |||||||
1 | on an annual basis to the Workers' Compensation Advisory Board.
| ||||||
2 | An investigator with the Illinois Workers' Compensation | ||||||
3 | Commission Insurance Compliance Division may issue a citation | ||||||
4 | to any employer that is not in compliance with its obligation | ||||||
5 | to have workers' compensation insurance under this Act. The | ||||||
6 | amount of the fine shall be based on the period of time the | ||||||
7 | employer was in non-compliance, but shall be no less than $500, | ||||||
8 | and shall not exceed $2,500. An employer that has been issued a | ||||||
9 | citation shall pay the fine to the Commission and provide to | ||||||
10 | the Commission proof that it obtained the required workers' | ||||||
11 | compensation insurance within 10 days after the citation was | ||||||
12 | issued. This Section does not affect any other obligations this | ||||||
13 | Act imposes on employers. | ||||||
14 | Upon a finding by the Commission, after reasonable notice | ||||||
15 | and
hearing, of the knowing and wilful failure or refusal of an | ||||||
16 | employer to
comply with
any of the provisions of paragraph (a) | ||||||
17 | of this Section, the failure or
refusal of an employer, service | ||||||
18 | or adjustment company, or an insurance
carrier to comply with | ||||||
19 | any order of the Illinois Workers' Compensation Commission | ||||||
20 | pursuant to
paragraph (c) of this Section disqualifying him or | ||||||
21 | her to operate as a self
insurer and requiring him or her to | ||||||
22 | insure his or her liability, or the knowing and willful failure | ||||||
23 | of an employer to comply with a citation issued by an | ||||||
24 | investigator with the Illinois Workers' Compensation | ||||||
25 | Commission Insurance Compliance Division, the
Commission may | ||||||
26 | assess a civil penalty of up to $500 per day for each day of
|
| |||||||
| |||||||
1 | such failure or refusal after the effective date of this | ||||||
2 | amendatory Act of
1989. The minimum penalty under this Section | ||||||
3 | shall be the sum of $10,000.
Each day of such failure or | ||||||
4 | refusal shall constitute a separate offense.
The Commission may | ||||||
5 | assess the civil penalty personally and individually
against | ||||||
6 | the corporate officers and directors of a corporate employer, | ||||||
7 | the
partners of an employer partnership, and the members of an | ||||||
8 | employer limited
liability company, after a finding of a | ||||||
9 | knowing and willful refusal or failure
of each such named | ||||||
10 | corporate officer, director, partner, or member to comply
with | ||||||
11 | this Section. The liability for the assessed penalty shall be
| ||||||
12 | against the named employer first, and
if the named employer | ||||||
13 | fails or refuses to pay the penalty to the
Commission within 30 | ||||||
14 | days after the final order of the Commission, then the
named
| ||||||
15 | corporate officers, directors, partners, or members who have | ||||||
16 | been found to have
knowingly and willfully refused or failed to | ||||||
17 | comply with this Section shall be
liable for the unpaid penalty | ||||||
18 | or any unpaid portion of the penalty. Upon investigation by the | ||||||
19 | insurance non-compliance unit of the Commission, the Attorney | ||||||
20 | General shall have the authority to prosecute all proceedings | ||||||
21 | to enforce the civil and administrative provisions of this | ||||||
22 | Section before the Commission. The Commission shall promulgate | ||||||
23 | procedural rules for enforcing this Section.
| ||||||
24 | Upon the failure or refusal of any employer, service or | ||||||
25 | adjustment
company or insurance carrier to comply with the | ||||||
26 | provisions of this Section
and with the orders of the |
| |||||||
| |||||||
1 | Commission under this Section, or the order of
the court on | ||||||
2 | review after final adjudication, the Commission may bring a
| ||||||
3 | civil action to recover the amount of the penalty in Cook | ||||||
4 | County or in
Sangamon County in which litigation the Commission | ||||||
5 | shall be represented by
the Attorney General. The Commission | ||||||
6 | shall send notice of its finding of
non-compliance and | ||||||
7 | assessment of the civil penalty to the Attorney General.
It | ||||||
8 | shall be the duty of the Attorney General within 30 days after | ||||||
9 | receipt
of the notice, to institute prosecutions and promptly | ||||||
10 | prosecute all
reported violations of this Section.
| ||||||
11 | Any individual employer, corporate officer or director of a | ||||||
12 | corporate employer, partner of an employer partnership, or | ||||||
13 | member of an employer limited liability company who, with the | ||||||
14 | intent to avoid payment of compensation under this Act to an | ||||||
15 | injured employee or the employee's dependents, knowingly | ||||||
16 | transfers, sells, encumbers, assigns, or in any manner disposes | ||||||
17 | of, conceals, secretes, or destroys any property belonging to | ||||||
18 | the employer, officer, director, partner, or member is guilty | ||||||
19 | of a Class 4 felony.
| ||||||
20 | Penalties and fines collected pursuant to this paragraph | ||||||
21 | (d) shall be deposited upon receipt into a special fund which | ||||||
22 | shall be designated the Injured Workers' Benefit Fund, of which | ||||||
23 | the State Treasurer is ex-officio custodian, such special fund | ||||||
24 | to be held and disbursed in accordance with this paragraph (d) | ||||||
25 | for the purposes hereinafter stated in this paragraph (d), upon | ||||||
26 | the final order of the Commission. The Injured Workers' Benefit |
| |||||||
| |||||||
1 | Fund shall be deposited the same as are State funds and any | ||||||
2 | interest accruing thereon shall be added thereto every 6 | ||||||
3 | months. The Injured Workers' Benefit Fund is subject to audit | ||||||
4 | the same as State funds and accounts and is protected by the | ||||||
5 | general bond given by the State Treasurer. The Injured Workers' | ||||||
6 | Benefit Fund is considered always appropriated for the purposes | ||||||
7 | of disbursements as provided in this paragraph, and shall be | ||||||
8 | paid out and disbursed as herein provided and shall not at any | ||||||
9 | time be appropriated or diverted to any other use or purpose. | ||||||
10 | Moneys in the Injured Workers' Benefit Fund shall be used only | ||||||
11 | for payment of workers' compensation benefits for injured | ||||||
12 | employees when the employer has failed to provide coverage as | ||||||
13 | determined under this paragraph (d) and has failed to pay the | ||||||
14 | benefits due to the injured employee. The Commission shall have | ||||||
15 | the right to obtain reimbursement from the employer for | ||||||
16 | compensation obligations paid by the Injured Workers' Benefit | ||||||
17 | Fund. Any such amounts obtained shall be deposited by the | ||||||
18 | Commission into the Injured Workers' Benefit Fund. If an | ||||||
19 | injured employee or his or her personal representative receives | ||||||
20 | payment from the Injured Workers' Benefit Fund, the State of | ||||||
21 | Illinois has the same rights under paragraph (b) of Section 5 | ||||||
22 | that the employer who failed to pay the benefits due to the | ||||||
23 | injured employee would have had if the employer had paid those | ||||||
24 | benefits, and any moneys recovered by the State as a result of | ||||||
25 | the State's exercise of its rights under paragraph (b) of | ||||||
26 | Section 5 shall be deposited into the Injured Workers' Benefit |
| |||||||
| |||||||
1 | Fund. The custodian of the Injured Workers' Benefit Fund shall | ||||||
2 | be joined with the employer as a party respondent in the | ||||||
3 | application for adjustment of claim. After July 1, 2006, the | ||||||
4 | Commission shall make disbursements from the Fund once each | ||||||
5 | year to each eligible claimant. An eligible claimant is an | ||||||
6 | injured worker who has within the previous fiscal year obtained | ||||||
7 | a final award for benefits from the Commission against the | ||||||
8 | employer and the Injured Workers' Benefit Fund and has notified | ||||||
9 | the Commission within 90 days of receipt of such award. Within | ||||||
10 | a reasonable time after the end of each fiscal year, the | ||||||
11 | Commission shall make a disbursement to each eligible claimant. | ||||||
12 | At the time of disbursement, if there are insufficient moneys | ||||||
13 | in the Fund to pay all claims, each eligible claimant shall | ||||||
14 | receive a pro-rata share, as determined by the Commission, of | ||||||
15 | the available moneys in the Fund for that year. Payment from | ||||||
16 | the Injured Workers' Benefit Fund to an eligible claimant | ||||||
17 | pursuant to this provision shall discharge the obligations of | ||||||
18 | the Injured Workers' Benefit Fund regarding the award entered | ||||||
19 | by the Commission.
| ||||||
20 | (e) This Act shall not affect or disturb the continuance of | ||||||
21 | any
existing insurance, mutual aid, benefit, or relief | ||||||
22 | association or
department, whether maintained in whole or in | ||||||
23 | part by the employer or
whether maintained by the employees, | ||||||
24 | the payment of benefits of such
association or department being | ||||||
25 | guaranteed by the employer or by some
person, firm or | ||||||
26 | corporation for him or her: Provided, the employer contributes
|
| |||||||
| |||||||
1 | to such association or department an amount not less than the | ||||||
2 | full
compensation herein provided, exclusive of the cost of the | ||||||
3 | maintenance
of such association or department and without any | ||||||
4 | expense to the
employee. This Act shall not prevent the | ||||||
5 | organization and maintaining
under the insurance laws of this | ||||||
6 | State of any benefit or insurance
company for the purpose of | ||||||
7 | insuring against the compensation provided
for in this Act, the | ||||||
8 | expense of which is maintained by the employer.
This Act shall | ||||||
9 | not prevent the organization or maintaining under the
insurance | ||||||
10 | laws of this State of any voluntary mutual aid, benefit or
| ||||||
11 | relief association among employees for the payment of | ||||||
12 | additional
accident or sick benefits.
| ||||||
13 | (f) No existing insurance, mutual aid, benefit or relief | ||||||
14 | association
or department shall, by reason of anything herein | ||||||
15 | contained, be
authorized to discontinue its operation without | ||||||
16 | first discharging its
obligations to any and all persons | ||||||
17 | carrying insurance in the same or
entitled to relief or | ||||||
18 | benefits therein.
| ||||||
19 | (g) Any contract, oral, written or implied, of employment | ||||||
20 | providing
for relief benefit, or insurance or any other device | ||||||
21 | whereby the
employee is required to pay any premium or premiums | ||||||
22 | for insurance
against the compensation provided for in this Act | ||||||
23 | shall be null and
void. Any employer withholding from the wages | ||||||
24 | of any employee any
amount for the purpose of paying any such | ||||||
25 | premium shall be guilty of a
Class B misdemeanor.
| ||||||
26 | In the event the employer does not pay the compensation for |
| |||||||
| |||||||
1 | which he or
she is liable, then an insurance company, | ||||||
2 | association or insurer which may
have insured such employer | ||||||
3 | against such liability shall become primarily
liable to pay to | ||||||
4 | the employee, his or her personal representative or
beneficiary | ||||||
5 | the compensation required by the provisions of this Act to
be | ||||||
6 | paid by such employer. The insurance carrier may be made a | ||||||
7 | party to
the proceedings in which the employer is a party and | ||||||
8 | an award may be
entered jointly against the employer and the | ||||||
9 | insurance carrier.
| ||||||
10 | (h) It shall be unlawful for any employer, insurance | ||||||
11 | company or
service or adjustment company to interfere with, | ||||||
12 | restrain or coerce an
employee in any manner whatsoever in the | ||||||
13 | exercise of the rights or
remedies granted to him or her by | ||||||
14 | this Act or to discriminate, attempt to
discriminate, or | ||||||
15 | threaten to discriminate against an employee in any way
because | ||||||
16 | of his or her exercise of the rights or remedies granted to
him | ||||||
17 | or her by this Act.
| ||||||
18 | It shall be unlawful for any employer, individually or | ||||||
19 | through any
insurance company or service or adjustment company, | ||||||
20 | to discharge or to
threaten to discharge, or to refuse to | ||||||
21 | rehire or recall to active
service in a suitable capacity an | ||||||
22 | employee because of the exercise of
his or her rights or | ||||||
23 | remedies granted to him or her by this Act.
| ||||||
24 | (i) If an employer elects to obtain a life insurance policy | ||||||
25 | on his
employees, he may also elect to apply such benefits in | ||||||
26 | satisfaction of all
or a portion of the death benefits payable |
| |||||||
| |||||||
1 | under this Act, in which case,
the employer's compensation | ||||||
2 | premium shall be reduced accordingly.
| ||||||
3 | (j) Within 45 days of receipt of an initial application or | ||||||
4 | application
to renew self-insurance privileges the | ||||||
5 | Self-Insurers Advisory Board shall
review and submit for | ||||||
6 | approval by the Chairman of the Commission
recommendations of | ||||||
7 | disposition of all initial applications to self-insure
and all | ||||||
8 | applications to renew self-insurance privileges filed by | ||||||
9 | private
self-insurers pursuant to the provisions of this | ||||||
10 | Section and Section 4a-9
of this Act. Each private self-insurer | ||||||
11 | shall submit with its initial and
renewal applications the | ||||||
12 | application fee required by Section 4a-4 of this Act.
| ||||||
13 | The Chairman of the Commission shall promptly act upon all | ||||||
14 | initial
applications and applications for renewal in full | ||||||
15 | accordance with the
recommendations of the Board or, should the | ||||||
16 | Chairman disagree with any
recommendation of disposition of the | ||||||
17 | Self-Insurer's Advisory Board, he
shall within 30 days of | ||||||
18 | receipt of such recommendation provide to the Board
in writing | ||||||
19 | the reasons supporting his decision. The Chairman shall also
| ||||||
20 | promptly notify the employer of his decision within 15 days of | ||||||
21 | receipt of
the recommendation of the Board.
| ||||||
22 | If an employer is denied a renewal of self-insurance | ||||||
23 | privileges pursuant
to application it shall retain said | ||||||
24 | privilege for 120 days after receipt of
a notice of | ||||||
25 | cancellation of the privilege from the Chairman of the | ||||||
26 | Commission.
|
| |||||||
| |||||||
1 | All orders made by the Chairman under this Section shall be | ||||||
2 | subject to
review by the courts, such review to be taken in the | ||||||
3 | same manner and within
the same time as provided by subsection | ||||||
4 | (f) of Section 19 of this Act for
review of awards and | ||||||
5 | decisions of the Commission, upon the party seeking
the review | ||||||
6 | filing with the clerk of the court to which such review is | ||||||
7 | taken
a bond in an amount to be fixed and approved by the court | ||||||
8 | to which the
review is taken, conditioned upon the payment of | ||||||
9 | all compensation awarded
against the person taking such review | ||||||
10 | pending a decision thereof and
further conditioned upon such | ||||||
11 | other obligations as the court may impose.
Upon the review the | ||||||
12 | Circuit Court shall have power to review all questions
of fact | ||||||
13 | as well as of law.
| ||||||
14 | (Source: P.A. 97-18, eff. 6-28-11.)
| ||||||
15 | (820 ILCS 305/8.3)
| ||||||
16 | Sec. 8.3. Workers' Compensation Medical Fee Advisory | ||||||
17 | Board. There is created a Workers' Compensation Medical Fee | ||||||
18 | Advisory Board consisting of 9 members appointed by the | ||||||
19 | Governor with the advice and consent of the Senate. Three | ||||||
20 | members of the Advisory Board shall be representatives of a | ||||||
21 | labor organization recognized under the National Labor | ||||||
22 | Relations Act or an attorney who has represented labor | ||||||
23 | organizations or has represented employees in workers' | ||||||
24 | compensation cases representative citizens chosen from the | ||||||
25 | employee class , 3 members shall be representative citizens |
| |||||||
| |||||||
1 | chosen from the employing class, and 3 members shall be | ||||||
2 | representative citizens chosen from the medical provider | ||||||
3 | class. Each member shall serve a 4-year term and shall continue | ||||||
4 | to serve until a successor is appointed. A vacancy on the | ||||||
5 | Advisory Board shall be filled by the Governor for the | ||||||
6 | unexpired term. | ||||||
7 | Members of the Advisory Board shall receive no compensation | ||||||
8 | for their services but shall be reimbursed for expenses | ||||||
9 | incurred in the performance of their duties by the Commission | ||||||
10 | from appropriations made to the Commission for that purpose. | ||||||
11 | The Advisory Board shall advise the Commission on | ||||||
12 | establishment of fees for medical services and accessibility of | ||||||
13 | medical treatment.
| ||||||
14 | (Source: P.A. 94-277, eff. 7-20-05.)
| ||||||
15 | (820 ILCS 305/13) (from Ch. 48, par. 138.13)
| ||||||
16 | Sec. 13. There is created an Illinois Workers' Compensation | ||||||
17 | Commission consisting of 10
members to be appointed by the | ||||||
18 | Governor, by and with the consent of the
Senate, 3 of whom | ||||||
19 | shall be representative citizens of the
employing class | ||||||
20 | operating under this Act and 3 of whom shall
be from a labor | ||||||
21 | organization recognized under the National Labor Relations Act | ||||||
22 | or an attorney who has represented labor organizations or has | ||||||
23 | represented employees in workers' compensation cases, | ||||||
24 | representative citizens of the class of employees covered under | ||||||
25 | this
Act, and 4 of whom shall be representative citizens not |
| |||||||
| |||||||
1 | identified
with either the employing or employee classes. Not | ||||||
2 | more than 6 members
of the Commission shall be of the same | ||||||
3 | political party.
| ||||||
4 | One of the
members not identified with either the employing | ||||||
5 | or employee classes shall
be designated by the Governor as | ||||||
6 | Chairman. The Chairman shall be the chief
administrative and | ||||||
7 | executive officer of the Commission; and he or she shall
have | ||||||
8 | general supervisory authority over all personnel of the | ||||||
9 | Commission,
including arbitrators and Commissioners, and the | ||||||
10 | final authority in all
administrative matters relating to the | ||||||
11 | Commissioners, including but not
limited to the assignment and | ||||||
12 | distribution of cases and assignment of
Commissioners to the | ||||||
13 | panels, except in the promulgation of procedural rules
and | ||||||
14 | orders under Section 16 and in the determination of cases under | ||||||
15 | this Act.
| ||||||
16 | Notwithstanding the general supervisory authority of the | ||||||
17 | Chairman, each
Commissioner, except those assigned to the | ||||||
18 | temporary panel, shall have the
authority to hire and supervise | ||||||
19 | 2 staff attorneys each. Such staff attorneys
shall report | ||||||
20 | directly to the individual Commissioner.
| ||||||
21 | A formal training program for newly-appointed | ||||||
22 | Commissioners shall be
implemented. The training program shall | ||||||
23 | include the following:
| ||||||
24 | (a) substantive and procedural aspects of the office of | ||||||
25 | Commissioner;
| ||||||
26 | (b) current issues in workers' compensation law and |
| |||||||
| |||||||
1 | practice;
| ||||||
2 | (c) medical lectures by specialists in areas such as | ||||||
3 | orthopedics,
ophthalmology, psychiatry, rehabilitation | ||||||
4 | counseling;
| ||||||
5 | (d) orientation to each operational unit of the | ||||||
6 | Illinois Workers' Compensation Commission;
| ||||||
7 | (e) observation of experienced arbitrators and | ||||||
8 | Commissioners conducting
hearings of cases, combined with | ||||||
9 | the opportunity to discuss evidence
presented and rulings | ||||||
10 | made;
| ||||||
11 | (f) the use of hypothetical cases requiring the | ||||||
12 | newly-appointed
Commissioner to issue judgments as a means | ||||||
13 | to evaluating knowledge and
writing ability;
| ||||||
14 | (g) writing skills;
| ||||||
15 | (h) professional and ethical standards pursuant to | ||||||
16 | Section 1.1 of this Act; | ||||||
17 | (i) detection of workers' compensation fraud and | ||||||
18 | reporting obligations of Commission employees and | ||||||
19 | appointees; | ||||||
20 | (j) standards of evidence-based medical treatment and | ||||||
21 | best practices for measuring and improving quality and | ||||||
22 | health care outcomes in the workers' compensation system, | ||||||
23 | including but not limited to the use of the American | ||||||
24 | Medical Association's "Guides to the Evaluation of | ||||||
25 | Permanent Impairment" and the practice of utilization | ||||||
26 | review; and |
| |||||||
| |||||||
1 | (k) substantive and procedural aspects of coal | ||||||
2 | workers' pneumoconiosis (black lung) cases. | ||||||
3 | A formal and ongoing professional development program | ||||||
4 | including, but not
limited to, the above-noted areas shall be | ||||||
5 | implemented to keep
Commissioners informed of recent | ||||||
6 | developments and issues and to assist them
in maintaining and | ||||||
7 | enhancing their professional competence. Each Commissioner | ||||||
8 | shall complete 20 hours of training in the above-noted areas | ||||||
9 | during every 2 years such Commissioner shall remain in office.
| ||||||
10 | The Commissioner candidates, other than the Chairman, must | ||||||
11 | meet one of
the following qualifications: (a) licensed to | ||||||
12 | practice law in the State of
Illinois; or (b) served as an | ||||||
13 | arbitrator at the Illinois Workers' Compensation
Commission | ||||||
14 | for at least 3 years; or (c) has at least 4 years of
| ||||||
15 | professional labor relations experience. The Chairman | ||||||
16 | candidate must have
public or private sector management and | ||||||
17 | budget experience, as determined
by the Governor.
| ||||||
18 | Each Commissioner shall devote full time to his duties and | ||||||
19 | any
Commissioner who is an attorney-at-law shall not engage in | ||||||
20 | the practice
of law, nor shall any Commissioner hold any other | ||||||
21 | office or position of
profit under the United States or this | ||||||
22 | State or any municipal
corporation or political subdivision of | ||||||
23 | this State, nor engage in any other
business, employment, or | ||||||
24 | vocation.
| ||||||
25 | The term of office of each member of the Commission holding | ||||||
26 | office on
the effective date of this amendatory Act of 1989 is |
| |||||||
| |||||||
1 | abolished, but
the incumbents shall continue to exercise all of | ||||||
2 | the powers and be subject
to all of the duties of Commissioners | ||||||
3 | until their respective successors are
appointed and qualified.
| ||||||
4 | The Illinois Workers' Compensation Commission shall | ||||||
5 | administer this Act.
| ||||||
6 | In the promulgation of procedural rules, the determination | ||||||
7 | of cases heard en banc, and other matters determined by the | ||||||
8 | full Commission, the Chairman's vote shall break a tie in the | ||||||
9 | event of a tie vote.
| ||||||
10 | The members shall be appointed by the Governor, with the | ||||||
11 | advice and
consent of the Senate, as follows:
| ||||||
12 | (a) After the effective date of this amendatory Act of | ||||||
13 | 1989, 3
members, at least one of
each political party, and | ||||||
14 | one of whom shall be a representative citizen
of the | ||||||
15 | employing class operating under this Act, one of whom shall | ||||||
16 | be
a representative citizen of the class of employees | ||||||
17 | covered under this
Act, and one of whom shall be a | ||||||
18 | representative citizen not identified
with either the | ||||||
19 | employing or employee classes, shall be appointed
to hold | ||||||
20 | office until the third Monday in January of 1993, and until | ||||||
21 | their
successors are appointed and qualified, and 4 | ||||||
22 | members, one of whom shall be
a representative citizen of | ||||||
23 | the employing class operating under this Act,
one of whom | ||||||
24 | shall be a representative citizen of the class of employees
| ||||||
25 | covered in this Act, and two of whom shall be | ||||||
26 | representative citizens not
identified with either the |
| |||||||
| |||||||
1 | employing or employee classes, one of whom shall
be | ||||||
2 | designated by the Governor as Chairman (at least one of | ||||||
3 | each of the two
major political parties) shall be appointed | ||||||
4 | to hold office until the third
Monday of January in 1991, | ||||||
5 | and until their successors are appointed and
qualified.
| ||||||
6 | (a-5) Notwithstanding any other provision of this | ||||||
7 | Section,
the term of each member of the Commission
who was | ||||||
8 | appointed by the Governor and is in office on June 30, 2003 | ||||||
9 | shall
terminate at the close of business on that date or | ||||||
10 | when all of the successor
members to be appointed pursuant | ||||||
11 | to this amendatory Act of the 93rd General
Assembly have | ||||||
12 | been appointed by the Governor, whichever occurs later. As | ||||||
13 | soon
as possible, the Governor shall appoint persons to | ||||||
14 | fill the vacancies created
by this amendatory Act. Of the | ||||||
15 | initial commissioners appointed pursuant to
this | ||||||
16 | amendatory Act of the 93rd General Assembly, 3 shall be | ||||||
17 | appointed for
terms ending on the third Monday in January, | ||||||
18 | 2005, and 4 shall be appointed
for terms ending on the | ||||||
19 | third Monday in January, 2007.
| ||||||
20 | (a-10) After the effective date of this amendatory Act | ||||||
21 | of the 94th General Assembly, the Commission shall be | ||||||
22 | increased to 10 members. As soon as possible after the | ||||||
23 | effective date of this amendatory Act of the 94th General | ||||||
24 | Assembly, the Governor shall appoint, by and with the | ||||||
25 | consent of the
Senate, the 3 members added to the | ||||||
26 | Commission under this amendatory Act of the 94th General |
| |||||||
| |||||||
1 | Assembly, one of whom shall be a representative citizen of | ||||||
2 | the employing class operating under this Act, one of whom | ||||||
3 | shall be a representative of the class of employees covered | ||||||
4 | under this Act, and one of whom shall be a representative | ||||||
5 | citizen not identified with either the employing or | ||||||
6 | employee classes. Of the members appointed under this | ||||||
7 | amendatory Act of the 94th General Assembly, one shall be | ||||||
8 | appointed for a term ending on the third Monday in January, | ||||||
9 | 2007, and 2 shall be appointed for terms ending on the | ||||||
10 | third Monday in January, 2009, and until their successors | ||||||
11 | are appointed and qualified.
| ||||||
12 | (b) Members shall thereafter be appointed to hold | ||||||
13 | office for terms of 4
years from the third Monday in | ||||||
14 | January of the year of their appointment,
and until their | ||||||
15 | successors are appointed and qualified. All such
| ||||||
16 | appointments shall be made so that the composition of the | ||||||
17 | Commission is in
accordance with the provisions of the | ||||||
18 | first paragraph of this Section.
| ||||||
19 | The Chairman shall receive an annual salary of $42,500, or
| ||||||
20 | a salary set by the Compensation Review Board, whichever is | ||||||
21 | greater,
and each other member shall receive an annual salary | ||||||
22 | of $38,000, or a
salary set by the Compensation Review Board, | ||||||
23 | whichever is greater.
| ||||||
24 | In case of a vacancy in the office of a Commissioner during | ||||||
25 | the
recess of the Senate, the Governor shall make a temporary | ||||||
26 | appointment
until the next meeting of the Senate, when he shall |
| |||||||
| |||||||
1 | nominate some person
to fill such office. Any person so | ||||||
2 | nominated who is confirmed by the
Senate shall hold office | ||||||
3 | during the remainder of the term and until his
successor is | ||||||
4 | appointed and qualified.
| ||||||
5 | The Illinois Workers' Compensation Commission created by | ||||||
6 | this amendatory Act of 1989
shall succeed to all the rights, | ||||||
7 | powers, duties, obligations, records
and other property and | ||||||
8 | employees of the Industrial Commission which it
replaces as | ||||||
9 | modified by this amendatory Act of 1989 and all applications
| ||||||
10 | and reports to actions and proceedings of such prior Industrial | ||||||
11 | Commission
shall be considered as applications and reports to | ||||||
12 | actions and proceedings
of the Illinois Workers' Compensation | ||||||
13 | Commission created by this amendatory Act of 1989.
| ||||||
14 | Notwithstanding any other provision of this Act, in the | ||||||
15 | event the
Chairman shall make a finding that a member is or | ||||||
16 | will be unavailable to
fulfill the responsibilities of his or | ||||||
17 | her office, the Chairman shall
advise the Governor and the | ||||||
18 | member in writing and shall designate a
certified arbitrator to | ||||||
19 | serve as acting Commissioner. The certified
arbitrator shall | ||||||
20 | act as a Commissioner until the member resumes the duties
of | ||||||
21 | his or her office or until a new member is appointed by the | ||||||
22 | Governor, by
and with the consent of the Senate, if a vacancy | ||||||
23 | occurs in the office of
the Commissioner, but in no event shall | ||||||
24 | a certified arbitrator serve in the
capacity of Commissioner | ||||||
25 | for more than 6 months from the date of
appointment by the | ||||||
26 | Chairman. A finding by the Chairman that a member is or
will be |
| |||||||
| |||||||
1 | unavailable to fulfill the responsibilities of his or her | ||||||
2 | office
shall be based upon notice to the Chairman by a member | ||||||
3 | that he or she will
be unavailable or facts and circumstances | ||||||
4 | made known to the Chairman which
lead him to reasonably find | ||||||
5 | that a member is unavailable to fulfill the
responsibilities of | ||||||
6 | his or her office. The designation of a certified
arbitrator to | ||||||
7 | act as a Commissioner shall be considered representative of
| ||||||
8 | citizens not identified with either the employing or employee | ||||||
9 | classes and
the arbitrator shall serve regardless of his or her | ||||||
10 | political affiliation.
A certified arbitrator who serves as an | ||||||
11 | acting Commissioner shall have all
the rights and powers of a | ||||||
12 | Commissioner, including salary.
| ||||||
13 | Notwithstanding any other provision of this Act, the | ||||||
14 | Governor shall appoint
a special panel of Commissioners | ||||||
15 | comprised of 3 members who shall be chosen
by the Governor, by | ||||||
16 | and with the consent of the Senate, from among the
current | ||||||
17 | ranks of certified arbitrators. Three members shall hold office
| ||||||
18 | until the Commission in consultation with the Governor | ||||||
19 | determines that the
caseload on review has been reduced | ||||||
20 | sufficiently to allow cases to proceed
in a timely manner or | ||||||
21 | for a term of 18 months from the effective date of
their | ||||||
22 | appointment by the Governor, whichever shall be earlier. The 3
| ||||||
23 | members shall be considered representative of citizens not | ||||||
24 | identified with
either the employing or employee classes and | ||||||
25 | shall serve regardless of
political affiliation. Each of the 3 | ||||||
26 | members shall have only such rights
and powers of a |
| |||||||
| |||||||
1 | Commissioner necessary to dispose of those cases assigned
to | ||||||
2 | the special panel. Each of the 3 members appointed to the | ||||||
3 | special panel
shall receive the same salary as other | ||||||
4 | Commissioners for the duration of
the panel.
| ||||||
5 | The Commission may have an Executive Director; if so, the | ||||||
6 | Executive
Director shall be appointed by the Governor with the | ||||||
7 | advice and consent of the
Senate. The salary and duties of the | ||||||
8 | Executive Director shall be fixed by the
Commission.
| ||||||
9 | On the effective date of this amendatory Act of
the 93rd | ||||||
10 | General Assembly, the name of the Industrial Commission is | ||||||
11 | changed to the Illinois Workers' Compensation Commission. | ||||||
12 | References in any law, appropriation, rule, form, or other
| ||||||
13 | document: (i) to the Industrial Commission
are deemed, in | ||||||
14 | appropriate contexts, to be references to the Illinois Workers' | ||||||
15 | Compensation Commission for all purposes; (ii) to the | ||||||
16 | Industrial Commission Operations Fund
are deemed, in | ||||||
17 | appropriate contexts, to be references to the Illinois Workers' | ||||||
18 | Compensation Commission Operations Fund for all purposes; | ||||||
19 | (iii) to the Industrial Commission Operations Fund Fee are | ||||||
20 | deemed, in appropriate contexts, to be
references to the | ||||||
21 | Illinois Workers' Compensation Commission Operations Fund Fee | ||||||
22 | for all
purposes; and (iv) to the Industrial Commission | ||||||
23 | Operations Fund Surcharge are deemed, in appropriate contexts, | ||||||
24 | to be
references to the Illinois Workers' Compensation | ||||||
25 | Commission Operations Fund Surcharge for all
purposes. | ||||||
26 | (Source: P.A. 97-18, eff. 6-28-11.)
|
| |||||||
| |||||||
1 | (820 ILCS 305/13.1) (from Ch. 48, par. 138.13-1)
| ||||||
2 | Sec. 13.1. (a) There is created a Workers' Compensation | ||||||
3 | Advisory Board
hereinafter referred to as the Advisory Board. | ||||||
4 | After the effective date of this amendatory Act of the 94th | ||||||
5 | General Assembly, the Advisory Board shall consist of 12 | ||||||
6 | members
appointed by the Governor with the advice and consent | ||||||
7 | of the Senate. Six
members of the Advisory Board shall be
| ||||||
8 | representative citizens chosen from a labor organization | ||||||
9 | recognized under the National Labor Relations Act or an | ||||||
10 | attorney who has represented labor organizations or has | ||||||
11 | represented employees in workers' compensation cases the | ||||||
12 | employee class , and 6 members shall be
representative citizens | ||||||
13 | chosen from the employing class. The Chairman of the Commission | ||||||
14 | shall serve as the ex officio Chairman of the Advisory Board. | ||||||
15 | After the effective date of this amendatory Act of the 94th | ||||||
16 | General Assembly, each member of the Advisory Board shall serve | ||||||
17 | a
term ending on the third Monday in January 2007 and shall | ||||||
18 | continue to serve until his or her successor is appointed and | ||||||
19 | qualified. Members of the Advisory Board shall thereafter be | ||||||
20 | appointed for 4 year terms from the third Monday in January of | ||||||
21 | the year of their appointment, and until their successors are | ||||||
22 | appointed and qualified.
Seven members
of the Advisory Board | ||||||
23 | shall constitute a quorum to do business, but in no
case shall | ||||||
24 | there be less than one representative from each class. A | ||||||
25 | vacancy on the Advisory Board shall be
filled by the Governor |
| |||||||
| |||||||
1 | for the unexpired term.
| ||||||
2 | (b) Members of the Advisory Board shall receive no | ||||||
3 | compensation for
their services but shall be reimbursed for | ||||||
4 | expenses incurred in the
performance of their duties by the | ||||||
5 | Commission from appropriations made to
the Commission for such | ||||||
6 | purpose.
| ||||||
7 | (c) The Advisory Board shall aid the Commission in | ||||||
8 | formulating policies,
discussing problems, setting priorities | ||||||
9 | of expenditures, reviewing advisory rates filed by an advisory | ||||||
10 | organization as defined in Section 463 of the Illinois | ||||||
11 | Insurance Code, and establishing
short and long range | ||||||
12 | administrative goals. Prior to making the (1) initial set of | ||||||
13 | arbitrator appointments pursuant to this amendatory Act of the | ||||||
14 | 97th General Assembly and (2) appointment of Commissioners, the | ||||||
15 | Governor shall request that the Advisory Board make | ||||||
16 | recommendations as to candidates to consider for appointment | ||||||
17 | and the Advisory Board may then make such recommendations.
| ||||||
18 | (d) The terms of all Advisory Board members serving on the | ||||||
19 | effective date of this amendatory Act of the 97th General | ||||||
20 | Assembly are terminated. The Governor shall appoint new members | ||||||
21 | to the Advisory Board within 30 days after the effective date | ||||||
22 | of the amendatory Act of the 97th General Assembly, subject to | ||||||
23 | the advice and consent of the Senate. | ||||||
24 | (Source: P.A. 97-18, eff. 6-28-11.)
| ||||||
25 | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
|
| |||||||
| |||||||
1 | Sec. 19. Any disputed questions of law or fact shall be | ||||||
2 | determined
as herein provided.
| ||||||
3 | (a) It shall be the duty of the Commission upon | ||||||
4 | notification that
the parties have failed to reach an | ||||||
5 | agreement, to designate an Arbitrator.
| ||||||
6 | 1. Whenever any claimant misconceives his remedy and | ||||||
7 | files an
application for adjustment of claim under this Act | ||||||
8 | and it is
subsequently discovered, at any time before final | ||||||
9 | disposition of such
cause, that the claim for disability or | ||||||
10 | death which was the basis for
such application should | ||||||
11 | properly have been made under the Workers'
Occupational | ||||||
12 | Diseases Act, then the provisions of Section 19, paragraph
| ||||||
13 | (a-1) of the Workers' Occupational Diseases Act having | ||||||
14 | reference to such
application shall apply.
| ||||||
15 | 2. Whenever any claimant misconceives his remedy and | ||||||
16 | files an
application for adjustment of claim under the | ||||||
17 | Workers' Occupational
Diseases Act and it is subsequently | ||||||
18 | discovered, at any time before final
disposition of such | ||||||
19 | cause that the claim for injury or death which was
the | ||||||
20 | basis for such application should properly have been made | ||||||
21 | under this
Act, then the application so filed under the | ||||||
22 | Workers' Occupational
Diseases Act may be amended in form, | ||||||
23 | substance or both to assert claim
for such disability or | ||||||
24 | death under this Act and it shall be deemed to
have been so | ||||||
25 | filed as amended on the date of the original filing
| ||||||
26 | thereof, and such compensation may be awarded as is |
| |||||||
| |||||||
1 | warranted by the
whole evidence pursuant to this Act. When | ||||||
2 | such amendment is submitted,
further or additional | ||||||
3 | evidence may be heard by the Arbitrator or
Commission when | ||||||
4 | deemed necessary. Nothing in this Section contained
shall | ||||||
5 | be construed to be or permit a waiver of any provisions of | ||||||
6 | this
Act with reference to notice but notice if given shall | ||||||
7 | be deemed to be a
notice under the provisions of this Act | ||||||
8 | if given within the time
required herein.
| ||||||
9 | (b) The Arbitrator shall make such inquiries and | ||||||
10 | investigations as he or
they shall deem necessary and may | ||||||
11 | examine and inspect all books, papers,
records, places, or | ||||||
12 | premises relating to the questions in dispute and hear
such | ||||||
13 | proper evidence as the parties may submit.
| ||||||
14 | The hearings before the Arbitrator shall be held in the | ||||||
15 | vicinity where
the injury occurred after 10 days' notice of the | ||||||
16 | time and place of such
hearing shall have been given to each of | ||||||
17 | the parties or their attorneys
of record.
| ||||||
18 | The Arbitrator may find that the disabling condition is | ||||||
19 | temporary and has
not yet reached a permanent condition and may | ||||||
20 | order the payment of
compensation up to the date of the | ||||||
21 | hearing, which award shall be reviewable
and enforceable in the | ||||||
22 | same manner as other awards, and in no instance be a
bar to a | ||||||
23 | further hearing and determination of a further amount of | ||||||
24 | temporary
total compensation or of compensation for permanent | ||||||
25 | disability, but shall
be conclusive as to all other questions | ||||||
26 | except the nature and extent of said
disability.
|
| |||||||
| |||||||
1 | The decision of the Arbitrator shall be filed with the | ||||||
2 | Commission which
Commission shall immediately send to each | ||||||
3 | party or his attorney a copy of
such decision, together with a | ||||||
4 | notification of the time when it was filed.
As of the effective | ||||||
5 | date of this amendatory Act of the 94th General Assembly, all | ||||||
6 | decisions of the Arbitrator shall set forth
in writing findings | ||||||
7 | of fact and conclusions of law, separately stated, if requested | ||||||
8 | by either party.
Unless a petition for review is filed by | ||||||
9 | either party within 30 days after
the receipt by such party of | ||||||
10 | the copy of the decision and notification of
time when filed, | ||||||
11 | and unless such party petitioning for a review shall
within 35 | ||||||
12 | days after the receipt by him of the copy of the decision, file
| ||||||
13 | with the Commission either an agreed statement of the facts | ||||||
14 | appearing upon
the hearing before the Arbitrator, or if such
| ||||||
15 | party shall so elect a correct transcript of evidence of the | ||||||
16 | proceedings
at such hearings, then the decision shall become | ||||||
17 | the decision of the
Commission and in the absence of fraud | ||||||
18 | shall be conclusive.
The Petition for Review shall contain a | ||||||
19 | statement of the petitioning party's
specific exceptions to the | ||||||
20 | decision of the arbitrator. The jurisdiction
of the Commission | ||||||
21 | to review the decision of the arbitrator shall not be
limited | ||||||
22 | to the exceptions stated in the Petition for Review.
The | ||||||
23 | Commission, or any member thereof, may grant further time not | ||||||
24 | exceeding
30 days, in which to file such agreed statement or | ||||||
25 | transcript of
evidence. Such agreed statement of facts or | ||||||
26 | correct transcript of
evidence, as the case may be, shall be |
| |||||||
| |||||||
1 | authenticated by the signatures
of the parties or their | ||||||
2 | attorneys, and in the event they do not agree as
to the | ||||||
3 | correctness of the transcript of evidence it shall be | ||||||
4 | authenticated
by the signature of the Arbitrator designated by | ||||||
5 | the Commission.
| ||||||
6 | Whether the employee is working or not, if the employee is | ||||||
7 | not receiving or has not received medical, surgical, or | ||||||
8 | hospital services or other services or compensation as provided | ||||||
9 | in paragraph (a) of Section 8, or compensation as provided in | ||||||
10 | paragraph (b) of Section 8, the employee may at any time | ||||||
11 | petition for an expedited hearing by an Arbitrator on the issue | ||||||
12 | of whether or not he or she is entitled to receive payment of | ||||||
13 | the services or compensation. Provided the employer continues | ||||||
14 | to pay compensation pursuant to paragraph (b) of Section 8, the | ||||||
15 | employer may at any time petition for an expedited hearing on | ||||||
16 | the issue of whether or not the employee is entitled to receive | ||||||
17 | medical, surgical, or hospital services or other services or | ||||||
18 | compensation as provided in paragraph (a) of Section 8, or | ||||||
19 | compensation as provided in paragraph (b) of Section 8. When an | ||||||
20 | employer has petitioned for an expedited hearing, the employer | ||||||
21 | shall continue to pay compensation as provided in paragraph (b) | ||||||
22 | of Section 8 unless the arbitrator renders a decision that the | ||||||
23 | employee is not entitled to the benefits that are the subject | ||||||
24 | of the expedited hearing or unless the employee's treating | ||||||
25 | physician has released the employee to return to work at his or | ||||||
26 | her regular job with the employer or the employee actually |
| |||||||
| |||||||
1 | returns to work at any other job. If the arbitrator renders a | ||||||
2 | decision that the employee is not entitled to the benefits that | ||||||
3 | are the subject of the expedited hearing, a petition for review | ||||||
4 | filed by the employee shall receive the same priority as if the | ||||||
5 | employee had filed a petition for an expedited hearing by an | ||||||
6 | Arbitrator. Neither party shall be entitled to an expedited | ||||||
7 | hearing when the employee has returned to work and the sole | ||||||
8 | issue in dispute amounts to less than 12 weeks of unpaid | ||||||
9 | compensation pursuant to paragraph (b) of Section 8. | ||||||
10 | Expedited hearings shall have priority over all other | ||||||
11 | petitions and shall be heard by the Arbitrator and Commission | ||||||
12 | with all convenient speed. Any party requesting an expedited | ||||||
13 | hearing shall give notice of a request for an expedited hearing | ||||||
14 | under this paragraph. A copy of the Application for Adjustment | ||||||
15 | of Claim shall be attached to the notice. The Commission shall | ||||||
16 | adopt rules and procedures under which the final decision of | ||||||
17 | the Commission under this paragraph is filed not later than 180 | ||||||
18 | days from the date that the Petition for Review is filed with | ||||||
19 | the Commission. | ||||||
20 | Where 2 or more insurance carriers, private self-insureds, | ||||||
21 | or a group workers' compensation pool under Article V 3/4 of | ||||||
22 | the Illinois Insurance Code dispute coverage for the same | ||||||
23 | injury, any such insurance carrier, private self-insured, or | ||||||
24 | group workers' compensation pool may request an expedited | ||||||
25 | hearing pursuant to this paragraph to determine the issue of | ||||||
26 | coverage, provided coverage is the only issue in dispute and |
| |||||||
| |||||||
1 | all other issues are stipulated and agreed to and further | ||||||
2 | provided that all compensation benefits including medical | ||||||
3 | benefits pursuant to Section 8(a) continue to be paid to or on | ||||||
4 | behalf of petitioner. Any insurance carrier, private | ||||||
5 | self-insured, or group workers' compensation pool that is | ||||||
6 | determined to be liable for coverage for the injury in issue | ||||||
7 | shall reimburse any insurance carrier, private self-insured, | ||||||
8 | or group workers' compensation pool that has paid benefits to | ||||||
9 | or on behalf of petitioner for the injury.
| ||||||
10 | (b-1) If the employee is not receiving medical, surgical or | ||||||
11 | hospital
services as provided in paragraph (a) of Section 8 or | ||||||
12 | compensation as
provided in paragraph (b) of Section 8, the | ||||||
13 | employee, in accordance with
Commission Rules, may file a | ||||||
14 | petition for an emergency hearing by an
Arbitrator on the issue | ||||||
15 | of whether or not he is entitled to receive payment
of such | ||||||
16 | compensation or services as provided therein. Such petition | ||||||
17 | shall
have priority over all other petitions and shall be heard | ||||||
18 | by the Arbitrator
and Commission with all convenient speed.
| ||||||
19 | Such petition shall contain the following information and | ||||||
20 | shall be served
on the employer at least 15 days before it is | ||||||
21 | filed:
| ||||||
22 | (i) the date and approximate time of accident;
| ||||||
23 | (ii) the approximate location of the accident;
| ||||||
24 | (iii) a description of the accident;
| ||||||
25 | (iv) the nature of the injury incurred by the employee;
| ||||||
26 | (v) the identity of the person, if known, to whom the |
| |||||||
| |||||||
1 | accident was
reported and the date on which it was | ||||||
2 | reported;
| ||||||
3 | (vi) the name and title of the person, if known, | ||||||
4 | representing the
employer with whom the employee conferred | ||||||
5 | in any effort to obtain
compensation pursuant to paragraph | ||||||
6 | (b) of Section 8 of this Act or medical,
surgical or | ||||||
7 | hospital services pursuant to paragraph (a) of Section 8 of
| ||||||
8 | this Act and the date of such conference;
| ||||||
9 | (vii) a statement that the employer has refused to pay | ||||||
10 | compensation
pursuant to paragraph (b) of Section 8 of this | ||||||
11 | Act or for medical, surgical
or hospital services pursuant | ||||||
12 | to paragraph (a) of Section 8 of this Act;
| ||||||
13 | (viii) the name and address, if known, of each witness | ||||||
14 | to the accident
and of each other person upon whom the | ||||||
15 | employee will rely to support his
allegations;
| ||||||
16 | (ix) the dates of treatment related to the accident by | ||||||
17 | medical
practitioners, and the names and addresses of such | ||||||
18 | practitioners, including
the dates of treatment related to | ||||||
19 | the accident at any hospitals and the
names and addresses | ||||||
20 | of such hospitals, and a signed authorization
permitting | ||||||
21 | the employer to examine all medical records of all | ||||||
22 | practitioners
and hospitals named pursuant to this | ||||||
23 | paragraph;
| ||||||
24 | (x) a copy of a signed report by a medical | ||||||
25 | practitioner, relating to the
employee's current inability | ||||||
26 | to return to work because of the injuries
incurred as a |
| |||||||
| |||||||
1 | result of the accident or such other documents or | ||||||
2 | affidavits
which show that the employee is entitled to | ||||||
3 | receive compensation pursuant
to paragraph (b) of Section 8 | ||||||
4 | of this Act or medical, surgical or hospital
services | ||||||
5 | pursuant to paragraph (a) of Section 8 of this Act. Such | ||||||
6 | reports,
documents or affidavits shall state, if possible, | ||||||
7 | the history of the
accident given by the employee, and | ||||||
8 | describe the injury and medical
diagnosis, the medical | ||||||
9 | services for such injury which the employee has
received | ||||||
10 | and is receiving, the physical activities which the | ||||||
11 | employee
cannot currently perform as a result of any | ||||||
12 | impairment or disability due to
such injury, and the | ||||||
13 | prognosis for recovery;
| ||||||
14 | (xi) complete copies of any reports, records, | ||||||
15 | documents and affidavits
in the possession of the employee | ||||||
16 | on which the employee will rely to
support his allegations, | ||||||
17 | provided that the employer shall pay the
reasonable cost of | ||||||
18 | reproduction thereof;
| ||||||
19 | (xii) a list of any reports, records, documents and | ||||||
20 | affidavits which
the employee has demanded by subpoena and | ||||||
21 | on which he intends to
rely to support his allegations;
| ||||||
22 | (xiii) a certification signed by the employee or his | ||||||
23 | representative that
the employer has received the petition | ||||||
24 | with the required information 15
days before filing.
| ||||||
25 | Fifteen days after receipt by the employer of the petition | ||||||
26 | with the
required information the employee may file said |
| |||||||
| |||||||
1 | petition and required
information and shall serve notice of the | ||||||
2 | filing upon the employer. The
employer may file a motion | ||||||
3 | addressed to the sufficiency of the petition.
If an objection | ||||||
4 | has been filed to the sufficiency of the petition, the
| ||||||
5 | arbitrator shall rule on the objection within 2 working days. | ||||||
6 | If such an
objection is filed, the time for filing the final | ||||||
7 | decision of the
Commission as provided in this paragraph shall | ||||||
8 | be tolled until the
arbitrator has determined that the petition | ||||||
9 | is sufficient.
| ||||||
10 | The employer shall, within 15 days after receipt of the | ||||||
11 | notice that such
petition is filed, file with the Commission | ||||||
12 | and serve on the employee or
his representative a written | ||||||
13 | response to each claim set forth in the
petition, including the | ||||||
14 | legal and factual basis for each disputed
allegation and the | ||||||
15 | following information: (i) complete copies of any
reports, | ||||||
16 | records, documents and affidavits in the possession of the
| ||||||
17 | employer on which the employer intends to rely in support of | ||||||
18 | his response,
(ii) a list of any reports, records, documents | ||||||
19 | and affidavits which the
employer has demanded by subpoena and | ||||||
20 | on which the employer intends to rely
in support of his | ||||||
21 | response, (iii) the name and address of each witness on
whom | ||||||
22 | the employer will rely to support his response, and (iv) the | ||||||
23 | names and
addresses of any medical practitioners selected by | ||||||
24 | the employer pursuant to
Section 12 of this Act and the time | ||||||
25 | and place of any examination scheduled
to be made pursuant to | ||||||
26 | such Section.
|
| |||||||
| |||||||
1 | Any employer who does not timely file and serve a written | ||||||
2 | response
without good cause may not introduce any evidence to | ||||||
3 | dispute any claim of
the employee but may cross examine the | ||||||
4 | employee or any witness brought by
the employee and otherwise | ||||||
5 | be heard.
| ||||||
6 | No document or other evidence not previously identified by | ||||||
7 | either party
with the petition or written response, or by any | ||||||
8 | other means before the
hearing, may be introduced into evidence | ||||||
9 | without good cause.
If, at the hearing, material information is | ||||||
10 | discovered which was
not previously disclosed, the Arbitrator | ||||||
11 | may extend the time for closing
proof on the motion of a party | ||||||
12 | for a reasonable period of time which may
be more than 30 days. | ||||||
13 | No evidence may be introduced pursuant
to this paragraph as to | ||||||
14 | permanent disability. No award may be entered for
permanent | ||||||
15 | disability pursuant to this paragraph. Either party may | ||||||
16 | introduce
into evidence the testimony taken by deposition of | ||||||
17 | any medical practitioner.
| ||||||
18 | The Commission shall adopt rules, regulations and | ||||||
19 | procedures whereby the
final decision of the Commission is | ||||||
20 | filed not later than 90 days from the
date the petition for | ||||||
21 | review is filed but in no event later than 180 days from
the | ||||||
22 | date the petition for an emergency hearing is filed with the | ||||||
23 | Illinois Workers' Compensation
Commission.
| ||||||
24 | All service required pursuant to this paragraph (b-1) must | ||||||
25 | be by personal
service or by certified mail and with evidence | ||||||
26 | of receipt. In addition for
the purposes of this paragraph, all |
| |||||||
| |||||||
1 | service on the employer must be at the
premises where the | ||||||
2 | accident occurred if the premises are owned or operated
by the | ||||||
3 | employer. Otherwise service must be at the employee's principal
| ||||||
4 | place of employment by the employer. If service on the employer | ||||||
5 | is not
possible at either of the above, then service shall be | ||||||
6 | at the employer's
principal place of business. After initial | ||||||
7 | service in each case, service
shall be made on the employer's | ||||||
8 | attorney or designated representative.
| ||||||
9 | (c)(1) At a reasonable time in advance of and in connection | ||||||
10 | with the
hearing under Section 19(e) or 19(h), the Commission | ||||||
11 | may on its own motion
order an impartial physical or mental | ||||||
12 | examination of a petitioner whose
mental or physical condition | ||||||
13 | is in issue, when in the Commission's
discretion it appears | ||||||
14 | that such an examination will materially aid in the
just | ||||||
15 | determination of the case. The examination shall be made by a | ||||||
16 | member
or members of a panel of physicians chosen for their | ||||||
17 | special qualifications
by the Illinois State Medical Society. | ||||||
18 | The Commission shall establish
procedures by which a physician | ||||||
19 | shall be selected from such list.
| ||||||
20 | (2) Should the Commission at any time during the hearing | ||||||
21 | find that
compelling considerations make it advisable to have | ||||||
22 | an examination and
report at that time, the commission may in | ||||||
23 | its discretion so order.
| ||||||
24 | (3) A copy of the report of examination shall be given to | ||||||
25 | the Commission
and to the attorneys for the parties.
| ||||||
26 | (4) Either party or the Commission may call the examining |
| |||||||
| |||||||
1 | physician or
physicians to testify. Any physician so called | ||||||
2 | shall be subject to
cross-examination.
| ||||||
3 | (5) The examination shall be made, and the physician or | ||||||
4 | physicians, if
called, shall testify, without cost to the | ||||||
5 | parties. The Commission shall
determine the compensation and | ||||||
6 | the pay of the physician or physicians. The
compensation for | ||||||
7 | this service shall not exceed the usual and customary amount
| ||||||
8 | for such service.
| ||||||
9 | (6) The fees and payment thereof of all attorneys and | ||||||
10 | physicians for
services authorized by the Commission under this | ||||||
11 | Act shall, upon request
of either the employer or the employee | ||||||
12 | or the beneficiary affected, be
subject to the review and | ||||||
13 | decision of the Commission.
| ||||||
14 | (d) If any employee shall persist in insanitary or | ||||||
15 | injurious
practices which tend to either imperil or retard his | ||||||
16 | recovery or shall
refuse to submit to such medical, surgical, | ||||||
17 | or hospital treatment as is
reasonably essential to promote his | ||||||
18 | recovery, the Commission may, in its
discretion, reduce or | ||||||
19 | suspend the compensation of any such injured
employee. However, | ||||||
20 | when an employer and employee so agree in writing,
the | ||||||
21 | foregoing provision shall not be construed to authorize the
| ||||||
22 | reduction or suspension of compensation of an employee who is | ||||||
23 | relying in
good faith, on treatment by prayer or spiritual | ||||||
24 | means alone, in
accordance with the tenets and practice of a | ||||||
25 | recognized church or
religious denomination, by a duly | ||||||
26 | accredited practitioner thereof.
|
| |||||||
| |||||||
1 | (e) This paragraph shall apply to all hearings before the | ||||||
2 | Commission.
Such hearings may be held in its office or | ||||||
3 | elsewhere as the Commission
may deem advisable. The taking of | ||||||
4 | testimony on such hearings may be had
before any member of the | ||||||
5 | Commission. If a petition for review and agreed
statement of | ||||||
6 | facts or transcript of evidence is filed, as provided herein,
| ||||||
7 | the Commission shall promptly review the decision of the | ||||||
8 | Arbitrator and all
questions of law or fact which appear from | ||||||
9 | the statement of facts or
transcript of evidence.
| ||||||
10 | In all cases in which the hearing before the arbitrator is | ||||||
11 | held after
December 18, 1989, no additional evidence shall be | ||||||
12 | introduced by the
parties before the Commission on review of | ||||||
13 | the decision of the Arbitrator.
In reviewing decisions of an | ||||||
14 | arbitrator the Commission shall award such
temporary | ||||||
15 | compensation, permanent compensation and other payments as are
| ||||||
16 | due under this Act. The Commission shall file in its office its | ||||||
17 | decision
thereon, and shall immediately send to each party or | ||||||
18 | his attorney a copy of
such decision and a notification of the | ||||||
19 | time when it was filed. Decisions
shall be filed within 60 days | ||||||
20 | after the Statement of Exceptions and
Supporting Brief and | ||||||
21 | Response thereto are required to be filed or oral
argument | ||||||
22 | whichever is later.
| ||||||
23 | In the event either party requests oral argument, such | ||||||
24 | argument shall be
had before a panel of 3 members of the | ||||||
25 | Commission (or before all available
members pursuant to the | ||||||
26 | determination of 7 members of the Commission that
such argument |
| |||||||
| |||||||
1 | be held before all available members of the Commission)
| ||||||
2 | pursuant to the rules and regulations of the Commission. A | ||||||
3 | panel of 3
members, which shall be comprised of not more than | ||||||
4 | one representative
citizen of the employing class and not more | ||||||
5 | than one representative from a labor organization recognized | ||||||
6 | under the National Labor Relations Act or an attorney who has | ||||||
7 | represented labor organizations or has represented employees | ||||||
8 | in workers' compensation cases citizen
of the employee class , | ||||||
9 | shall hear the argument; provided that if all the
issues in | ||||||
10 | dispute are solely the nature and extent of the permanent | ||||||
11 | partial
disability, if any, a majority of the panel may deny | ||||||
12 | the request for such
argument and such argument shall not be | ||||||
13 | held; and provided further that 7
members of the Commission may | ||||||
14 | determine that the argument be held before
all available | ||||||
15 | members of the Commission. A decision of the Commission
shall | ||||||
16 | be approved by a majority of Commissioners present at such | ||||||
17 | hearing if
any; provided, if no such hearing is held, a | ||||||
18 | decision of the Commission
shall be approved by a majority of a | ||||||
19 | panel of 3 members of the Commission
as described in this | ||||||
20 | Section. The Commission shall give 10 days' notice to
the | ||||||
21 | parties or their attorneys of the time and place of such taking | ||||||
22 | of
testimony and of such argument.
| ||||||
23 | In any case the Commission in its decision may find | ||||||
24 | specially
upon any question or questions of law or fact which | ||||||
25 | shall be submitted
in writing by either party whether ultimate | ||||||
26 | or otherwise;
provided that on issues other than nature and |
| |||||||
| |||||||
1 | extent of the disability,
if any, the Commission in its | ||||||
2 | decision shall find specially upon any
question or questions of | ||||||
3 | law or fact, whether ultimate or otherwise,
which are submitted | ||||||
4 | in writing by either party; provided further that
not more than | ||||||
5 | 5 such questions may be submitted by either party. Any
party | ||||||
6 | may, within 20 days after receipt of notice of the Commission's
| ||||||
7 | decision, or within such further time, not exceeding 30 days, | ||||||
8 | as the
Commission may grant, file with the Commission either an | ||||||
9 | agreed
statement of the facts appearing upon the hearing, or, | ||||||
10 | if such party
shall so elect, a correct transcript of evidence | ||||||
11 | of the additional
proceedings presented before the Commission, | ||||||
12 | in which report the party
may embody a correct statement of | ||||||
13 | such other proceedings in the case as
such party may desire to | ||||||
14 | have reviewed, such statement of facts or
transcript of | ||||||
15 | evidence to be authenticated by the signature of the
parties or | ||||||
16 | their attorneys, and in the event that they do not agree,
then | ||||||
17 | the authentication of such transcript of evidence shall be by | ||||||
18 | the
signature of any member of the Commission.
| ||||||
19 | If a reporter does not for any reason furnish a transcript | ||||||
20 | of the
proceedings before the Arbitrator in any case for use on | ||||||
21 | a hearing for
review before the Commission, within the | ||||||
22 | limitations of time as fixed in
this Section, the Commission | ||||||
23 | may, in its discretion, order a trial de
novo before the | ||||||
24 | Commission in such case upon application of either
party. The | ||||||
25 | applications for adjustment of claim and other documents in
the | ||||||
26 | nature of pleadings filed by either party, together with the
|
| |||||||
| |||||||
1 | decisions of the Arbitrator and of the Commission and the | ||||||
2 | statement of
facts or transcript of evidence hereinbefore | ||||||
3 | provided for in paragraphs
(b) and (c) shall be the record of | ||||||
4 | the proceedings of the Commission,
and shall be subject to | ||||||
5 | review as hereinafter provided.
| ||||||
6 | At the request of either party or on its own motion, the | ||||||
7 | Commission shall
set forth in writing the reasons for the | ||||||
8 | decision, including findings of
fact and conclusions of law | ||||||
9 | separately stated. The Commission shall by rule
adopt a format | ||||||
10 | for written decisions for the Commission and arbitrators.
The | ||||||
11 | written decisions shall be concise and shall succinctly state | ||||||
12 | the facts
and reasons for the decision. The Commission may | ||||||
13 | adopt in whole or in part,
the decision of the arbitrator as | ||||||
14 | the decision of the Commission. When the
Commission does so | ||||||
15 | adopt the decision of the arbitrator, it shall do so by
order. | ||||||
16 | Whenever the Commission adopts part of the arbitrator's | ||||||
17 | decision,
but not all, it shall include in the order the | ||||||
18 | reasons for not adopting all
of the arbitrator's decision. When | ||||||
19 | a majority of a panel, after
deliberation, has arrived at its | ||||||
20 | decision, the decision shall be filed as
provided in this | ||||||
21 | Section without unnecessary delay, and without regard to
the | ||||||
22 | fact that a member of the panel has expressed an intention to | ||||||
23 | dissent.
Any member of the panel may file a dissent. Any | ||||||
24 | dissent shall be filed no
later than 10 days after the decision | ||||||
25 | of the majority has been filed.
| ||||||
26 | Decisions rendered by the Commission and dissents, if any, |
| |||||||
| |||||||
1 | shall be
published together by the Commission. The conclusions | ||||||
2 | of law set out in
such decisions shall be regarded as | ||||||
3 | precedents by arbitrators for the purpose
of achieving a more | ||||||
4 | uniform administration of this Act.
| ||||||
5 | (f) The decision of the Commission acting within its | ||||||
6 | powers,
according to the provisions of paragraph (e) of this | ||||||
7 | Section shall, in
the absence of fraud, be conclusive unless | ||||||
8 | reviewed as in this paragraph
hereinafter provided. However, | ||||||
9 | the Arbitrator or the Commission may on
his or its own motion, | ||||||
10 | or on the motion of either party, correct any
clerical error or | ||||||
11 | errors in computation within 15 days after the date of
receipt | ||||||
12 | of any award by such Arbitrator or any decision on review of | ||||||
13 | the
Commission and shall have the power to recall the original | ||||||
14 | award on
arbitration or decision on review, and issue in lieu | ||||||
15 | thereof such
corrected award or decision. Where such correction | ||||||
16 | is made the time for
review herein specified shall begin to run | ||||||
17 | from the date of
the receipt of the corrected award or | ||||||
18 | decision.
| ||||||
19 | (1) Except in cases of claims against the State of | ||||||
20 | Illinois other than those claims under Section 18.1, in
| ||||||
21 | which case the decision of the Commission shall not be | ||||||
22 | subject to
judicial review, the Circuit Court of the county | ||||||
23 | where any of the
parties defendant may be found, or if none | ||||||
24 | of the parties defendant can
be found in this State then | ||||||
25 | the Circuit Court of the county where the
accident | ||||||
26 | occurred, shall by summons to the Commission have
power to |
| |||||||
| |||||||
1 | review all questions of law and fact presented by such | ||||||
2 | record.
| ||||||
3 | A proceeding for review shall be commenced within 20 | ||||||
4 | days of
the receipt of notice of the decision of the | ||||||
5 | Commission. The summons shall
be issued by the clerk of | ||||||
6 | such court upon written request returnable on a
designated | ||||||
7 | return day, not less than 10 or more than 60 days from the | ||||||
8 | date
of issuance thereof, and the written request shall | ||||||
9 | contain the last known
address of other parties in interest | ||||||
10 | and their attorneys of record who are
to be served by | ||||||
11 | summons. Service upon any member of the Commission or the
| ||||||
12 | Secretary or the Assistant Secretary thereof shall be | ||||||
13 | service upon the
Commission, and service upon other parties | ||||||
14 | in interest and their attorneys
of record shall be by | ||||||
15 | summons, and such service shall be made upon the
Commission | ||||||
16 | and other parties in interest by mailing notices of the
| ||||||
17 | commencement of the proceedings and the return day of the | ||||||
18 | summons to the
office of the Commission and to the last | ||||||
19 | known place of residence of other
parties in interest or | ||||||
20 | their attorney or attorneys of record. The clerk of
the | ||||||
21 | court issuing the summons shall on the day of issue mail | ||||||
22 | notice of the
commencement of the proceedings which shall | ||||||
23 | be done by mailing a copy of
the summons to the office of | ||||||
24 | the Commission, and a copy of the summons to
the other | ||||||
25 | parties in interest or their attorney or attorneys of | ||||||
26 | record and
the clerk of the court shall make certificate |
| |||||||
| |||||||
1 | that he has so sent said
notices in pursuance of this | ||||||
2 | Section, which shall be evidence of service on
the | ||||||
3 | Commission and other parties in interest.
| ||||||
4 | The Commission shall not be required to certify the | ||||||
5 | record of their
proceedings to the Circuit Court, unless | ||||||
6 | the party commencing the
proceedings for review in the | ||||||
7 | Circuit Court as above provided, shall file with the | ||||||
8 | Commission notice of intent to file for review in Circuit | ||||||
9 | Court. It shall be the duty
of the Commission upon such | ||||||
10 | filing of notice of intent to file for review in the | ||||||
11 | Circuit Court to prepare a true and correct
copy of such | ||||||
12 | testimony and a true and correct copy of all other matters
| ||||||
13 | contained in such record and certified to by the Secretary | ||||||
14 | or Assistant
Secretary thereof. The changes made to this | ||||||
15 | subdivision (f)(1) by this amendatory Act of the 98th | ||||||
16 | General Assembly apply to any Commission decision entered | ||||||
17 | after the effective date of this amendatory Act of the 98th | ||||||
18 | General Assembly.
| ||||||
19 | No request for a summons
may be filed and no summons | ||||||
20 | shall issue unless the party seeking to review
the decision | ||||||
21 | of the Commission shall exhibit to the clerk of the Circuit
| ||||||
22 | Court proof of filing with the Commission of the notice of | ||||||
23 | the intent to file for review in the Circuit Court or an | ||||||
24 | affidavit
of the attorney setting forth that notice of | ||||||
25 | intent to file for review in the Circuit Court has been | ||||||
26 | given in writing to the Secretary or Assistant Secretary of |
| |||||||
| |||||||
1 | the Commission.
| ||||||
2 | (2) No such summons shall issue unless the one against | ||||||
3 | whom the
Commission shall have rendered an award for the | ||||||
4 | payment of money shall upon
the filing of his written | ||||||
5 | request for such summons file with the clerk of
the court a | ||||||
6 | bond conditioned that if he shall not successfully
| ||||||
7 | prosecute the review, he will pay the award and the costs | ||||||
8 | of the
proceedings in the courts. The amount of the bond | ||||||
9 | shall be fixed by any
member of the Commission and the | ||||||
10 | surety or sureties of the bond shall be
approved by the | ||||||
11 | clerk of the court. The acceptance of the bond by the
clerk | ||||||
12 | of the court shall constitute evidence of his approval of | ||||||
13 | the bond.
| ||||||
14 | Every county, city, town, township, incorporated | ||||||
15 | village, school
district, body politic or municipal | ||||||
16 | corporation against whom the
Commission shall have | ||||||
17 | rendered an award for the payment of money shall
not be | ||||||
18 | required to file a bond to secure the payment of the award | ||||||
19 | and
the costs of the proceedings in the court to authorize | ||||||
20 | the court to
issue such summons.
| ||||||
21 | The court may confirm or set aside the decision of the | ||||||
22 | Commission. If
the decision is set aside and the facts | ||||||
23 | found in the proceedings before
the Commission are | ||||||
24 | sufficient, the court may enter such decision as is
| ||||||
25 | justified by law, or may remand the cause to the Commission | ||||||
26 | for further
proceedings and may state the questions |
| |||||||
| |||||||
1 | requiring further hearing, and
give such other | ||||||
2 | instructions as may be proper. Appeals shall be taken
to | ||||||
3 | the Appellate Court in accordance
with Supreme Court Rules | ||||||
4 | 22(g) and 303. Appeals
shall be taken from the Appellate
| ||||||
5 | Court to the Supreme Court in accordance with Supreme Court | ||||||
6 | Rule 315.
| ||||||
7 | It shall be the duty of the clerk of any court | ||||||
8 | rendering a decision
affecting or affirming an award of the | ||||||
9 | Commission to promptly furnish
the Commission with a copy | ||||||
10 | of such decision, without charge.
| ||||||
11 | The decision of a majority of the members of the panel | ||||||
12 | of the Commission,
shall be considered the decision of the | ||||||
13 | Commission.
| ||||||
14 | (g) Except in the case of a claim against the State of | ||||||
15 | Illinois,
either party may present a certified copy of the | ||||||
16 | award of the
Arbitrator, or a certified copy of the decision of | ||||||
17 | the Commission when
the same has become final, when no | ||||||
18 | proceedings for review are pending,
providing for the payment | ||||||
19 | of compensation according to this Act, to the
Circuit Court of | ||||||
20 | the county in which such accident occurred or either of
the | ||||||
21 | parties are residents, whereupon the court shall enter a | ||||||
22 | judgment
in accordance therewith. In a case where the employer | ||||||
23 | refuses to pay
compensation according to such final award or | ||||||
24 | such final decision upon
which such judgment is entered the | ||||||
25 | court shall in entering judgment
thereon, tax as costs against | ||||||
26 | him the reasonable costs and attorney fees
in the arbitration |
| |||||||
| |||||||
1 | proceedings and in the court entering the judgment
for the | ||||||
2 | person in whose favor the judgment is entered, which judgment
| ||||||
3 | and costs taxed as therein provided shall, until and unless set | ||||||
4 | aside,
have the same effect as though duly entered in an action | ||||||
5 | duly tried and
determined by the court, and shall with like | ||||||
6 | effect, be entered and
docketed. The Circuit Court shall have | ||||||
7 | power at any time upon
application to make any such judgment | ||||||
8 | conform to any modification
required by any subsequent decision | ||||||
9 | of the Supreme Court upon appeal, or
as the result of any | ||||||
10 | subsequent proceedings for review, as provided in
this Act.
| ||||||
11 | Judgment shall not be entered until 15 days' notice of the | ||||||
12 | time and
place of the application for the entry of judgment | ||||||
13 | shall be served upon
the employer by filing such notice with | ||||||
14 | the Commission, which Commission
shall, in case it has on file | ||||||
15 | the address of the employer or the name
and address of its | ||||||
16 | agent upon whom notices may be served, immediately
send a copy | ||||||
17 | of the notice to the employer or such designated agent.
| ||||||
18 | (h) An agreement or award under this Act providing for | ||||||
19 | compensation
in installments, may at any time within 18 months | ||||||
20 | after such agreement
or award be reviewed by the Commission at | ||||||
21 | the request of either the
employer or the employee, on the | ||||||
22 | ground that the disability of the
employee has subsequently | ||||||
23 | recurred, increased, diminished or ended.
| ||||||
24 | However, as to accidents occurring subsequent to July 1, | ||||||
25 | 1955, which
are covered by any agreement or award under this | ||||||
26 | Act providing for
compensation in installments made as a result |
| |||||||
| |||||||
1 | of such accident, such
agreement or award may at any time | ||||||
2 | within 30 months, or 60 months in the case of an award under | ||||||
3 | Section 8(d)1, after such agreement
or award be reviewed by the | ||||||
4 | Commission at the request of either the
employer or the | ||||||
5 | employee on the ground that the disability of the
employee has | ||||||
6 | subsequently recurred, increased, diminished or ended.
| ||||||
7 | On such review, compensation payments may be | ||||||
8 | re-established,
increased, diminished or ended. The Commission | ||||||
9 | shall give 15 days'
notice to the parties of the hearing for | ||||||
10 | review. Any employee, upon any
petition for such review being | ||||||
11 | filed by the employer, shall be entitled
to one day's notice | ||||||
12 | for each 100 miles necessary to be traveled by him in
attending | ||||||
13 | the hearing of the Commission upon the petition, and 3 days in
| ||||||
14 | addition thereto. Such employee shall, at the discretion of the
| ||||||
15 | Commission, also be entitled to 5 cents per mile necessarily | ||||||
16 | traveled by
him within the State of Illinois in attending such | ||||||
17 | hearing, not to
exceed a distance of 300 miles, to be taxed by | ||||||
18 | the Commission as costs
and deposited with the petition of the | ||||||
19 | employer.
| ||||||
20 | When compensation which is payable in accordance with an | ||||||
21 | award or
settlement contract approved by the Commission, is | ||||||
22 | ordered paid in a
lump sum by the Commission, no review shall | ||||||
23 | be had as in this paragraph
mentioned.
| ||||||
24 | (i) Each party, upon taking any proceedings or steps | ||||||
25 | whatsoever
before any Arbitrator, Commission or court, shall | ||||||
26 | file with the Commission
his address, or the name and address |
| |||||||
| |||||||
1 | of any agent upon whom all notices to
be given to such party | ||||||
2 | shall be served, either personally or by registered
mail, | ||||||
3 | addressed to such party or agent at the last address so filed | ||||||
4 | with
the Commission. In the event such party has not filed his | ||||||
5 | address, or the
name and address of an agent as above provided, | ||||||
6 | service of any notice may
be had by filing such notice with the | ||||||
7 | Commission.
| ||||||
8 | (j) Whenever in any proceeding testimony has been taken or | ||||||
9 | a final
decision has been rendered and after the taking of such | ||||||
10 | testimony or
after such decision has become final, the injured | ||||||
11 | employee dies, then in
any subsequent proceedings brought by | ||||||
12 | the personal representative or
beneficiaries of the deceased | ||||||
13 | employee, such testimony in the former
proceeding may be | ||||||
14 | introduced with the same force and effect as though
the witness | ||||||
15 | having so testified were present in person in such
subsequent | ||||||
16 | proceedings and such final decision, if any, shall be taken
as | ||||||
17 | final adjudication of any of the issues which are the same in | ||||||
18 | both
proceedings.
| ||||||
19 | (k) In case where there has been any unreasonable or | ||||||
20 | vexatious delay
of payment or intentional underpayment of | ||||||
21 | compensation, or proceedings
have been instituted or carried on | ||||||
22 | by the one liable to pay the
compensation, which do not present | ||||||
23 | a real controversy, but are merely
frivolous or for delay, then | ||||||
24 | the Commission may award compensation
additional to that | ||||||
25 | otherwise payable under this Act equal to 50% of the
amount | ||||||
26 | payable at the time of such award. Failure to pay compensation
|
| |||||||
| |||||||
1 | in accordance with the provisions of Section 8, paragraph (b) | ||||||
2 | of this
Act, shall be considered unreasonable delay.
| ||||||
3 | When determining whether this subsection (k) shall apply, | ||||||
4 | the
Commission shall consider whether an Arbitrator has | ||||||
5 | determined
that the claim is not compensable or whether the | ||||||
6 | employer has
made payments under Section 8(j). | ||||||
7 | (l) If the employee has made written demand for payment of
| ||||||
8 | benefits under Section 8(a) or Section 8(b), the employer shall
| ||||||
9 | have 14 days after receipt of the demand to set forth in
| ||||||
10 | writing the reason for the delay. In the case of demand for
| ||||||
11 | payment of medical benefits under Section 8(a), the time for
| ||||||
12 | the employer to respond shall not commence until the expiration
| ||||||
13 | of the allotted 30 days specified under Section 8.2(d). In case
| ||||||
14 | the employer or his or her insurance carrier shall without good | ||||||
15 | and
just cause fail, neglect, refuse, or unreasonably delay the
| ||||||
16 | payment of benefits under Section 8(a) or Section 8(b), the
| ||||||
17 | Arbitrator or the Commission shall allow to the employee
| ||||||
18 | additional compensation in the sum of $30 per day for each day
| ||||||
19 | that the benefits under Section 8(a) or Section 8(b) have been
| ||||||
20 | so withheld or refused, not to exceed $10,000.
A delay in | ||||||
21 | payment of 14 days or more
shall create a rebuttable | ||||||
22 | presumption of unreasonable delay.
| ||||||
23 | (m) If the commission finds that an accidental injury was | ||||||
24 | directly
and proximately caused by the employer's wilful | ||||||
25 | violation of a health
and safety standard under the Health and | ||||||
26 | Safety Act or the Occupational Safety and Health Act in force |
| |||||||
| |||||||
1 | at the time of the
accident, the arbitrator or the Commission | ||||||
2 | shall allow to the injured
employee or his dependents, as the | ||||||
3 | case may be, additional compensation
equal to 25% of the amount | ||||||
4 | which otherwise would be payable under the
provisions of this | ||||||
5 | Act exclusive of this paragraph. The additional
compensation | ||||||
6 | herein provided shall be allowed by an appropriate increase
in | ||||||
7 | the applicable weekly compensation rate.
| ||||||
8 | (n) After June 30, 1984, decisions of the Illinois Workers' | ||||||
9 | Compensation Commission
reviewing an award of an arbitrator of | ||||||
10 | the Commission shall draw interest
at a rate equal to the yield | ||||||
11 | on indebtedness issued by the United States
Government with a | ||||||
12 | 26-week maturity next previously auctioned on the day on
which | ||||||
13 | the decision is filed. Said rate of interest shall be set forth | ||||||
14 | in
the Arbitrator's Decision. Interest shall be drawn from the | ||||||
15 | date of the
arbitrator's award on all accrued compensation due | ||||||
16 | the employee through the
day prior to the date of payments. | ||||||
17 | However, when an employee appeals an
award of an Arbitrator or | ||||||
18 | the Commission, and the appeal results in no
change or a | ||||||
19 | decrease in the award, interest shall not further accrue from
| ||||||
20 | the date of such appeal.
| ||||||
21 | The employer or his insurance carrier may tender the | ||||||
22 | payments due under
the award to stop the further accrual of | ||||||
23 | interest on such award
notwithstanding the prosecution by | ||||||
24 | either party of review, certiorari,
appeal to the Supreme Court | ||||||
25 | or other steps to reverse, vacate or modify
the award.
| ||||||
26 | (o) By the 15th day of each month each insurer providing |
| |||||||
| |||||||
1 | coverage for
losses under this Act shall notify each insured | ||||||
2 | employer of any compensable
claim incurred during the preceding | ||||||
3 | month and the amounts paid or reserved
on the claim including a | ||||||
4 | summary of the claim and a brief statement of the
reasons for | ||||||
5 | compensability. A cumulative report of all claims incurred
| ||||||
6 | during a calendar year or continued from the previous year | ||||||
7 | shall be
furnished to the insured employer by the insurer | ||||||
8 | within 30 days after the
end of that calendar year.
| ||||||
9 | The insured employer may challenge, in proceeding before | ||||||
10 | the Commission,
payments made by the insurer without | ||||||
11 | arbitration and payments
made after a case is determined to be | ||||||
12 | noncompensable. If the Commission
finds that the case was not | ||||||
13 | compensable, the insurer shall purge its records
as to that | ||||||
14 | employer of any loss or expense associated with the claim, | ||||||
15 | reimburse
the employer for attorneys' fees arising from the | ||||||
16 | challenge and for any
payment required of the employer to the | ||||||
17 | Rate Adjustment Fund or the
Second Injury Fund, and may not | ||||||
18 | reflect the loss or expense for rate making
purposes. The | ||||||
19 | employee shall not be required to refund the challenged
| ||||||
20 | payment. The decision of the Commission may be reviewed in the | ||||||
21 | same manner
as in arbitrated cases. No challenge may be | ||||||
22 | initiated under this paragraph
more than 3 years after the | ||||||
23 | payment is made. An employer may waive the
right of challenge | ||||||
24 | under this paragraph on a case by case basis.
| ||||||
25 | (p) After filing an application for adjustment of claim but | ||||||
26 | prior to
the hearing on arbitration the parties may voluntarily |
| |||||||
| |||||||
1 | agree to submit such
application for adjustment of claim for | ||||||
2 | decision by an arbitrator under
this subsection (p) where such | ||||||
3 | application for adjustment of claim raises
only a dispute over | ||||||
4 | temporary total disability, permanent partial
disability or | ||||||
5 | medical expenses. Such agreement shall be in writing in such
| ||||||
6 | form as provided by the Commission. Applications for adjustment | ||||||
7 | of claim
submitted for decision by an arbitrator under this | ||||||
8 | subsection (p) shall
proceed according to rule as established | ||||||
9 | by the Commission. The Commission
shall promulgate rules | ||||||
10 | including, but not limited to, rules to ensure that
the parties | ||||||
11 | are adequately informed of their rights under this subsection
| ||||||
12 | (p) and of the voluntary nature of proceedings under this | ||||||
13 | subsection (p).
The findings of fact made by an arbitrator | ||||||
14 | acting within his or her powers
under this subsection (p) in | ||||||
15 | the absence of fraud shall be conclusive.
However, the | ||||||
16 | arbitrator may on his own motion, or the motion of either
| ||||||
17 | party, correct any clerical errors or errors in computation | ||||||
18 | within 15 days
after the date of receipt of such award of the | ||||||
19 | arbitrator
and shall have the power to recall the original | ||||||
20 | award on arbitration, and
issue in lieu thereof such corrected | ||||||
21 | award.
The decision of the arbitrator under this subsection (p) | ||||||
22 | shall be
considered the decision of the Commission and | ||||||
23 | proceedings for review of
questions of law arising from the | ||||||
24 | decision may be commenced by either party
pursuant to | ||||||
25 | subsection (f) of Section 19. The Advisory Board established
| ||||||
26 | under Section 13.1 shall compile a list of certified Commission
|
| |||||||
| |||||||
1 | arbitrators, each of whom shall be approved by at least 7 | ||||||
2 | members of the
Advisory Board. The chairman shall select 5 | ||||||
3 | persons from such list to
serve as arbitrators under this | ||||||
4 | subsection (p). By agreement, the parties
shall select one | ||||||
5 | arbitrator from among the 5 persons selected by the
chairman | ||||||
6 | except that if the parties do not agree on an arbitrator from
| ||||||
7 | among the 5 persons, the parties may, by agreement, select an | ||||||
8 | arbitrator of
the American Arbitration Association, whose fee | ||||||
9 | shall be paid by the State
in accordance with rules promulgated | ||||||
10 | by the Commission. Arbitration under
this subsection (p) shall | ||||||
11 | be voluntary.
| ||||||
12 | (Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874, | ||||||
13 | eff. 1-1-15 .)
| ||||||
14 | Section 15. The Workers' Occupational Diseases Act is | ||||||
15 | amended by changing Section 19 as follows:
| ||||||
16 | (820 ILCS 310/19) (from Ch. 48, par. 172.54)
| ||||||
17 | Sec. 19. Any disputed questions of law or fact shall be | ||||||
18 | determined as
herein provided.
| ||||||
19 | (a) It shall be the duty of the Commission upon | ||||||
20 | notification that
the parties have failed to reach an agreement | ||||||
21 | to designate an
Arbitrator.
| ||||||
22 | (1) The application for adjustment of claim filed with | ||||||
23 | the
Commission shall state:
| ||||||
24 | A. The approximate date of the last day of the last |
| |||||||
| |||||||
1 | exposure and the
approximate date of the disablement.
| ||||||
2 | B. The general nature and character of the illness | ||||||
3 | or disease
claimed.
| ||||||
4 | C. The name and address of the employer by whom | ||||||
5 | employed on the last
day of the last exposure and if | ||||||
6 | employed by any other employer after
such last exposure | ||||||
7 | and before disablement the name and address of such
| ||||||
8 | other employer or employers.
| ||||||
9 | D. In case of death, the date and place of death.
| ||||||
10 | (2) Amendments to applications for adjustment of claim | ||||||
11 | which relate
to the same disablement or disablement | ||||||
12 | resulting in death originally
claimed upon may be allowed | ||||||
13 | by the Commissioner or an Arbitrator
thereof, in their | ||||||
14 | discretion, and in the exercise of such discretion,
they | ||||||
15 | may in proper cases order a trial de novo; such amendment | ||||||
16 | shall
relate back to the date of the filing of the original | ||||||
17 | application so
amended.
| ||||||
18 | (3) Whenever any claimant misconceives his remedy and | ||||||
19 | files an
application for adjustment of claim under this Act | ||||||
20 | and it is
subsequently discovered, at any time before final | ||||||
21 | disposition of such
cause, that the claim for disability or | ||||||
22 | death which was the basis for
such application should | ||||||
23 | properly have been made under the Workers'
Compensation | ||||||
24 | Act, then the provisions of Section 19 paragraph (a-1) of
| ||||||
25 | the Workers' Compensation Act having reference to such | ||||||
26 | application shall
apply.
|
| |||||||
| |||||||
1 | Whenever any claimant misconceives his remedy and | ||||||
2 | files an
application for adjustment of claim under the | ||||||
3 | Workers' Compensation Act
and it is subsequently | ||||||
4 | discovered, at any time before final disposition
of such | ||||||
5 | cause that the claim for injury or death which was the | ||||||
6 | basis for
such application should properly have been made | ||||||
7 | under this Act, then the
application so filed under the | ||||||
8 | Workers' Compensation Act may be amended
in form, substance | ||||||
9 | or both to assert claim for such disability or death
under | ||||||
10 | this Act and it shall be deemed to have been so filed as | ||||||
11 | amended
on the date of the original filing thereof, and | ||||||
12 | such compensation may be
awarded as is warranted by the | ||||||
13 | whole evidence pursuant to the provisions
of this Act. When | ||||||
14 | such amendment is submitted, further or additional
| ||||||
15 | evidence may be heard by the Arbitrator or Commission when | ||||||
16 | deemed
necessary; provided, that nothing in this Section | ||||||
17 | contained shall be
construed to be or permit a waiver of | ||||||
18 | any provisions of this Act with
reference to notice, but | ||||||
19 | notice if given shall be deemed to be a notice
under the | ||||||
20 | provisions of this Act if given within the time required
| ||||||
21 | herein.
| ||||||
22 | (b) The Arbitrator shall make such inquiries and | ||||||
23 | investigations as he
shall deem necessary and may examine and | ||||||
24 | inspect all books, papers,
records, places, or premises | ||||||
25 | relating to the questions in dispute and hear
such proper | ||||||
26 | evidence as the parties may submit.
|
| |||||||
| |||||||
1 | The hearings before the Arbitrator shall be held in the | ||||||
2 | vicinity where
the last exposure occurred, after 10 days' | ||||||
3 | notice of the time and place of
such hearing shall have been | ||||||
4 | given to each of the parties or their attorneys of record.
| ||||||
5 | The Arbitrator may find that the disabling condition is | ||||||
6 | temporary and has
not yet reached a permanent condition and may | ||||||
7 | order the payment of
compensation up to the date of the | ||||||
8 | hearing, which award shall be reviewable
and enforceable in the | ||||||
9 | same manner as other awards, and in no instance be a
bar to a | ||||||
10 | further hearing and determination of a further amount of | ||||||
11 | temporary
total compensation or of compensation for permanent | ||||||
12 | disability, but shall
be conclusive as to all other questions | ||||||
13 | except the nature and extent of such
disability.
| ||||||
14 | The decision of the Arbitrator shall be filed with the | ||||||
15 | Commission which
Commission shall immediately send to each | ||||||
16 | party or his attorney a copy of
such decision, together with a | ||||||
17 | notification of the time when it was filed.
As of the effective | ||||||
18 | date of this amendatory Act of the 94th General Assembly, all | ||||||
19 | decisions of the Arbitrator shall set forth
in writing findings | ||||||
20 | of fact and conclusions of law, separately stated, if requested | ||||||
21 | by either party.
Unless a petition for review is filed by | ||||||
22 | either party within 30 days after
the receipt by such party of | ||||||
23 | the copy of the decision and notification of
time when filed, | ||||||
24 | and unless such party petitioning for a review shall
within 35 | ||||||
25 | days after the receipt by him of the copy of the decision, file
| ||||||
26 | with the Commission either an agreed statement of the facts |
| |||||||
| |||||||
1 | appearing upon
the hearing before the Arbitrator, or if such | ||||||
2 | party shall so elect a
correct transcript of evidence of the | ||||||
3 | proceedings at such hearings, then
the decision shall become | ||||||
4 | the decision of the Commission and in the absence
of fraud | ||||||
5 | shall be conclusive. The Petition for Review shall contain a
| ||||||
6 | statement of the petitioning party's specific exceptions to the | ||||||
7 | decision of
the arbitrator. The jurisdiction of the Commission | ||||||
8 | to review the decision
of the arbitrator shall not be limited | ||||||
9 | to the exceptions stated in the
Petition for Review. The | ||||||
10 | Commission, or any member thereof, may grant
further time not | ||||||
11 | exceeding 30 days, in which to file such agreed statement
or | ||||||
12 | transcript of evidence. Such agreed statement of facts or | ||||||
13 | correct
transcript of evidence, as the case may be, shall be | ||||||
14 | authenticated by the
signatures of the parties or their | ||||||
15 | attorneys, and in the event they do not
agree as to the | ||||||
16 | correctness of the transcript of evidence it shall be
| ||||||
17 | authenticated by the signature of the Arbitrator designated by | ||||||
18 | the Commission.
| ||||||
19 | Whether the employee is working or not, if the employee is | ||||||
20 | not receiving or has not received medical, surgical, or | ||||||
21 | hospital services or other services or compensation as provided | ||||||
22 | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | ||||||
23 | or compensation as provided in paragraph (b) of Section 8 of | ||||||
24 | the Workers' Compensation
Act, the employee may at any time | ||||||
25 | petition for an expedited hearing by an Arbitrator on the issue | ||||||
26 | of whether or not he or she is entitled to receive payment of |
| |||||||
| |||||||
1 | the services or compensation. Provided the employer continues | ||||||
2 | to pay compensation pursuant to paragraph (b) of Section 8 of | ||||||
3 | the Workers' Compensation
Act, the employer may at any time | ||||||
4 | petition for an expedited hearing on the issue of whether or | ||||||
5 | not the employee is entitled to receive medical, surgical, or | ||||||
6 | hospital services or other services or compensation as provided | ||||||
7 | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | ||||||
8 | or compensation as provided in paragraph (b) of Section 8 of | ||||||
9 | the Workers' Compensation
Act. When an employer has petitioned | ||||||
10 | for an expedited hearing, the employer shall continue to pay | ||||||
11 | compensation as provided in paragraph (b) of Section 8 of the | ||||||
12 | Workers' Compensation
Act unless the arbitrator renders a | ||||||
13 | decision that the employee is not entitled to the benefits that | ||||||
14 | are the subject of the expedited hearing or unless the | ||||||
15 | employee's treating physician has released the employee to | ||||||
16 | return to work at his or her regular job with the employer or | ||||||
17 | the employee actually returns to work at any other job. If the | ||||||
18 | arbitrator renders a decision that the employee is not entitled | ||||||
19 | to the benefits that are the subject of the expedited hearing, | ||||||
20 | a petition for review filed by the employee shall receive the | ||||||
21 | same priority as if the employee had filed a petition for an | ||||||
22 | expedited hearing by an arbitrator. Neither party shall be | ||||||
23 | entitled to an expedited hearing when the employee has returned | ||||||
24 | to work and the sole issue in dispute amounts to less than 12 | ||||||
25 | weeks of unpaid compensation pursuant to paragraph (b) of | ||||||
26 | Section 8 of the Workers' Compensation
Act. |
| |||||||
| |||||||
1 | Expedited hearings shall have priority over all other | ||||||
2 | petitions and shall be heard by the Arbitrator and Commission | ||||||
3 | with all convenient speed. Any party requesting an expedited | ||||||
4 | hearing shall give notice of a request for an expedited hearing | ||||||
5 | under this paragraph. A copy of the Application for Adjustment | ||||||
6 | of Claim shall be attached to the notice. The Commission shall | ||||||
7 | adopt rules and procedures under which the final decision of | ||||||
8 | the Commission under this paragraph is filed not later than 180 | ||||||
9 | days from the date that the Petition for Review is filed with | ||||||
10 | the Commission. | ||||||
11 | Where 2 or more insurance carriers, private self-insureds, | ||||||
12 | or a group workers' compensation pool under Article V 3/4 of | ||||||
13 | the Illinois Insurance Code dispute coverage for the same | ||||||
14 | disease, any such insurance carrier, private self-insured, or | ||||||
15 | group workers' compensation pool may request an expedited | ||||||
16 | hearing pursuant to this paragraph to determine the issue of | ||||||
17 | coverage, provided coverage is the only issue in dispute and | ||||||
18 | all other issues are stipulated and agreed to and further | ||||||
19 | provided that all compensation benefits including medical | ||||||
20 | benefits pursuant to Section 8(a) of the Workers' Compensation
| ||||||
21 | Act continue to be paid to or on behalf of petitioner. Any | ||||||
22 | insurance carrier, private self-insured, or group workers' | ||||||
23 | compensation pool that is determined to be liable for coverage | ||||||
24 | for the disease in issue shall reimburse any insurance carrier, | ||||||
25 | private self-insured, or group workers' compensation pool that | ||||||
26 | has paid benefits to or on behalf of petitioner for the |
| |||||||
| |||||||
1 | disease.
| ||||||
2 | (b-1) If the employee is not receiving, pursuant to Section | ||||||
3 | 7, medical,
surgical or hospital services of the type provided | ||||||
4 | for in paragraph (a) of
Section 8 of the Workers' Compensation | ||||||
5 | Act or compensation of the type
provided for in paragraph (b) | ||||||
6 | of Section 8 of the Workers' Compensation
Act, the employee, in | ||||||
7 | accordance with Commission Rules, may file a petition
for an | ||||||
8 | emergency hearing by an Arbitrator on the issue of whether or | ||||||
9 | not he
is entitled to receive payment of such compensation or | ||||||
10 | services as provided
therein. Such petition shall have priority | ||||||
11 | over all other petitions and
shall be heard by the Arbitrator | ||||||
12 | and Commission with all convenient speed.
| ||||||
13 | Such petition shall contain the following information and | ||||||
14 | shall be served
on the employer at least 15 days before it is | ||||||
15 | filed:
| ||||||
16 | (i) the date and approximate time of the last exposure;
| ||||||
17 | (ii) the approximate location of the last exposure;
| ||||||
18 | (iii) a description of the last exposure;
| ||||||
19 | (iv) the nature of the disability incurred by the | ||||||
20 | employee;
| ||||||
21 | (v) the identity of the person, if known, to whom the | ||||||
22 | disability was
reported and the date on which it was | ||||||
23 | reported;
| ||||||
24 | (vi) the name and title of the person, if known, | ||||||
25 | representing the
employer with whom the employee conferred | ||||||
26 | in any effort to obtain pursuant
to Section 7 compensation |
| |||||||
| |||||||
1 | of the type provided for in paragraph (b) of
Section 8 of | ||||||
2 | the Workers' Compensation Act or medical, surgical or | ||||||
3 | hospital
services of the type provided for in paragraph (a) | ||||||
4 | of Section 8 of the
Workers' Compensation Act and the date | ||||||
5 | of such conference;
| ||||||
6 | (vii) a statement that the employer has refused to pay | ||||||
7 | compensation
pursuant to Section 7 of the type provided for | ||||||
8 | in paragraph (b) of Section
8 of the Workers' Compensation | ||||||
9 | Act or for medical, surgical
or hospital services pursuant | ||||||
10 | to Section 7 of the type provided for in
paragraph (a) of | ||||||
11 | Section 8 of the Workers' Compensation Act;
| ||||||
12 | (viii) the name and address, if known, of each witness | ||||||
13 | to the last
exposure and of each other person upon whom the | ||||||
14 | employee will rely to
support his allegations;
| ||||||
15 | (ix) the dates of treatment related to the disability | ||||||
16 | by medical
practitioners, and the names and addresses of | ||||||
17 | such practitioners, including
the dates of treatment | ||||||
18 | related to the disability at any hospitals and the
names | ||||||
19 | and addresses of such hospitals, and a signed authorization
| ||||||
20 | permitting the employer to examine all medical records of | ||||||
21 | all practitioners
and hospitals named pursuant to this | ||||||
22 | paragraph;
| ||||||
23 | (x) a copy of a signed report by a medical | ||||||
24 | practitioner, relating to the
employee's current inability | ||||||
25 | to return to work because of the disability
incurred as a | ||||||
26 | result of the exposure or such other documents or |
| |||||||
| |||||||
1 | affidavits
which show that the employee is entitled to | ||||||
2 | receive pursuant to Section 7
compensation of the type | ||||||
3 | provided for in paragraph (b) of Section 8 of the
Workers' | ||||||
4 | Compensation Act or medical, surgical or hospital services | ||||||
5 | of the
type provided for in paragraph (a) of Section 8 of | ||||||
6 | the Workers'
Compensation Act. Such reports, documents or | ||||||
7 | affidavits shall state, if
possible, the history of the | ||||||
8 | exposure given by the employee, and describe
the disability | ||||||
9 | and medical diagnosis, the medical services for such
| ||||||
10 | disability which the employee has received and is | ||||||
11 | receiving, the physical
activities which the employee | ||||||
12 | cannot currently perform as a result of such
disability, | ||||||
13 | and the prognosis for recovery;
| ||||||
14 | (xi) complete copies of any reports, records, | ||||||
15 | documents and affidavits
in the possession of the employee | ||||||
16 | on which the employee will rely to
support his allegations, | ||||||
17 | provided that the employer shall pay the
reasonable cost of | ||||||
18 | reproduction thereof;
| ||||||
19 | (xii) a list of any reports, records, documents and | ||||||
20 | affidavits which
the employee has demanded by subpoena and | ||||||
21 | on which he intends to
rely to support his allegations;
| ||||||
22 | (xiii) a certification signed by the employee or his | ||||||
23 | representative that
the employer has received the petition | ||||||
24 | with the required information 15
days before filing.
| ||||||
25 | Fifteen days after receipt by the employer of the petition | ||||||
26 | with the
required information the employee may file said |
| |||||||
| |||||||
1 | petition and required
information and shall serve notice of the | ||||||
2 | filing upon the employer. The
employer may file a motion | ||||||
3 | addressed to the sufficiency of the petition.
If an objection | ||||||
4 | has been filed to the sufficiency of the petition, the
| ||||||
5 | arbitrator shall rule on the objection within 2 working days. | ||||||
6 | If such an
objection is filed, the time for filing the final | ||||||
7 | decision of the Commission
as provided in this paragraph shall | ||||||
8 | be tolled until the arbitrator has
determined that the petition | ||||||
9 | is sufficient.
| ||||||
10 | The employer shall, within 15 days after receipt of the | ||||||
11 | notice that such
petition is filed, file with the Commission | ||||||
12 | and serve on the employee or
his representative a written | ||||||
13 | response to each claim set
forth in the petition, including the | ||||||
14 | legal and factual basis for each
disputed allegation and the | ||||||
15 | following information: (i)
complete copies of any reports, | ||||||
16 | records, documents and affidavits
in the possession of the | ||||||
17 | employer on which the employer intends to rely in
support of | ||||||
18 | his response, (ii) a list of any reports, records, documents | ||||||
19 | and
affidavits which the employer has demanded by subpoena and | ||||||
20 | on which the
employer intends to rely in support of his | ||||||
21 | response, (iii) the name and address
of each witness on whom | ||||||
22 | the employer will rely to support his response,
and (iv) the | ||||||
23 | names and addresses of any medical practitioners
selected by | ||||||
24 | the employer pursuant to Section 12 of this Act and the time
| ||||||
25 | and place of any examination scheduled to be made pursuant to | ||||||
26 | such Section.
|
| |||||||
| |||||||
1 | Any employer who does not timely file and serve a written | ||||||
2 | response
without good cause may not introduce any evidence to | ||||||
3 | dispute any claim of
the employee but may cross examine the | ||||||
4 | employee or any witness brought by
the employee and otherwise | ||||||
5 | be heard.
| ||||||
6 | No document or other evidence not previously identified by | ||||||
7 | either party
with the petition or written response, or by any | ||||||
8 | other means before the
hearing, may be introduced into evidence | ||||||
9 | without good cause. If, at the
hearing, material information is | ||||||
10 | discovered which was not previously
disclosed, the Arbitrator | ||||||
11 | may extend the time for closing proof on the
motion of a party | ||||||
12 | for a reasonable period of time which may be more than 30
days. | ||||||
13 | No evidence may be introduced pursuant to this paragraph as to
| ||||||
14 | permanent disability. No award may be entered for permanent | ||||||
15 | disability
pursuant to this paragraph. Either party may | ||||||
16 | introduce into evidence the
testimony taken by deposition of | ||||||
17 | any medical practitioner.
| ||||||
18 | The Commission shall adopt rules, regulations and | ||||||
19 | procedures whereby
the final decision of the Commission is | ||||||
20 | filed not later than 90 days from
the date the petition for | ||||||
21 | review is filed but in no event later than 180
days from the | ||||||
22 | date the petition for an emergency hearing is filed with the
| ||||||
23 | Illinois Workers' Compensation Commission.
| ||||||
24 | All service required pursuant to this paragraph (b-1) must | ||||||
25 | be by personal
service or by certified mail and with evidence | ||||||
26 | of receipt. In addition,
for the purposes of this paragraph, |
| |||||||
| |||||||
1 | all service on the employer must be at
the premises where the | ||||||
2 | accident occurred if the premises are owned or
operated by the | ||||||
3 | employer. Otherwise service must be at the employee's
principal | ||||||
4 | place of employment by the employer. If service on the employer
| ||||||
5 | is not possible at either of the above, then service shall be | ||||||
6 | at the
employer's principal place of business. After initial | ||||||
7 | service in each case,
service shall be made on the employer's | ||||||
8 | attorney or designated representative.
| ||||||
9 | (c)(1) At a reasonable time in advance of and in connection | ||||||
10 | with the
hearing under Section 19(e) or 19(h), the Commission | ||||||
11 | may on its own motion
order an impartial physical or mental | ||||||
12 | examination of a petitioner whose
mental or physical condition | ||||||
13 | is in issue, when in the Commission's
discretion it appears | ||||||
14 | that such an examination will materially aid in the
just | ||||||
15 | determination of the case. The examination shall be made by a | ||||||
16 | member
or members of a panel of physicians chosen for their | ||||||
17 | special qualifications
by the Illinois State Medical Society. | ||||||
18 | The Commission shall establish
procedures by which a physician | ||||||
19 | shall be selected from such list.
| ||||||
20 | (2) Should the Commission at any time during the hearing | ||||||
21 | find that
compelling considerations make it advisable to have | ||||||
22 | an examination and
report at that time, the Commission may in | ||||||
23 | its discretion so order.
| ||||||
24 | (3) A copy of the report of examination shall be given to | ||||||
25 | the Commission
and to the attorneys for the parties.
| ||||||
26 | (4) Either party or the Commission may call the examining |
| |||||||
| |||||||
1 | physician
or physicians to testify. Any physician so called | ||||||
2 | shall be subject to
cross-examination.
| ||||||
3 | (5) The examination shall be made, and the physician or | ||||||
4 | physicians,
if called, shall testify, without cost to the | ||||||
5 | parties. The Commission shall
determine the compensation and | ||||||
6 | the pay of the physician or physicians. The
compensation for | ||||||
7 | this service shall not exceed the usual and customary amount
| ||||||
8 | for such service.
| ||||||
9 | The fees and payment thereof of all attorneys and | ||||||
10 | physicians for
services authorized by the Commission under this | ||||||
11 | Act shall, upon request
of either the employer or the employee | ||||||
12 | or the beneficiary affected, be
subject to the review and | ||||||
13 | decision of the Commission.
| ||||||
14 | (d) If any employee shall persist in insanitary or | ||||||
15 | injurious
practices which tend to either imperil or retard his | ||||||
16 | recovery or shall
refuse to submit to such medical, surgical, | ||||||
17 | or hospital treatment as is
reasonably essential to promote his | ||||||
18 | recovery, the Commission may, in its
discretion, reduce or | ||||||
19 | suspend the compensation of any such employee;
provided, that | ||||||
20 | when an employer and employee so agree in writing, the
| ||||||
21 | foregoing provision shall not be construed to authorize the | ||||||
22 | reduction or
suspension of compensation of an employee who is | ||||||
23 | relying in good faith,
on treatment by prayer or spiritual | ||||||
24 | means alone, in accordance with the
tenets and practice of a | ||||||
25 | recognized church or religious denomination, by
a duly | ||||||
26 | accredited practitioner thereof.
|
| |||||||
| |||||||
1 | (e) This paragraph shall apply to all hearings before the | ||||||
2 | Commission.
Such hearings may be held in its office or | ||||||
3 | elsewhere as the Commission may
deem advisable. The taking of | ||||||
4 | testimony on such hearings may be had before
any member of the | ||||||
5 | Commission. If a petition for review and agreed statement
of | ||||||
6 | facts or transcript of evidence is filed, as provided herein, | ||||||
7 | the
Commission shall promptly review the decision of the | ||||||
8 | Arbitrator and all
questions of law or fact which appear from | ||||||
9 | the statement of facts or
transcripts of evidence. In all cases | ||||||
10 | in which the hearing before the
arbitrator is held after the | ||||||
11 | effective date of this amendatory Act of 1989,
no additional | ||||||
12 | evidence shall be introduced by the parties before the
| ||||||
13 | Commission on review of the decision of the Arbitrator. The | ||||||
14 | Commission
shall file in its office its decision thereon, and | ||||||
15 | shall immediately send
to each party or his attorney a copy of | ||||||
16 | such decision and a notification of
the time when it was filed. | ||||||
17 | Decisions shall be filed within 60 days after
the Statement of | ||||||
18 | Exceptions and Supporting Brief and Response thereto are
| ||||||
19 | required to be filed or oral argument whichever is later.
| ||||||
20 | In the event either party requests oral argument, such | ||||||
21 | argument shall be
had before a panel of 3 members of the | ||||||
22 | Commission (or before all available
members pursuant to the | ||||||
23 | determination of 7 members of the Commission that
such argument | ||||||
24 | be held before all available members of the Commission)
| ||||||
25 | pursuant to the rules and regulations of the Commission. A | ||||||
26 | panel of 3
members, which shall be comprised of not more than |
| |||||||
| |||||||
1 | one representative
citizen of the employing class and not more | ||||||
2 | than one representative from a labor organization recognized | ||||||
3 | under the National Labor Relations Act or an attorney who has | ||||||
4 | represented labor organizations or has represented employees | ||||||
5 | in workers' compensation cases citizen
of the employee class , | ||||||
6 | shall hear the argument; provided that if all the
issues in | ||||||
7 | dispute are solely the nature and extent of the permanent | ||||||
8 | partial
disability, if any, a majority of the panel may deny | ||||||
9 | the request for such
argument and such argument shall not be | ||||||
10 | held; and provided further that 7
members of the Commission may | ||||||
11 | determine that the argument be held before
all available | ||||||
12 | members of the Commission. A decision of the Commission shall
| ||||||
13 | be approved by a majority of Commissioners present at such | ||||||
14 | hearing if any;
provided, if no such hearing is held, a | ||||||
15 | decision of the Commission shall be
approved by a majority of a | ||||||
16 | panel of 3 members of the Commission as
described in this | ||||||
17 | Section. The Commission shall give 10 days' notice to the
| ||||||
18 | parties or their attorneys of the time and place of such taking | ||||||
19 | of
testimony and of such argument.
| ||||||
20 | In any case the Commission in its decision may in its | ||||||
21 | discretion find
specially upon any question or questions of law | ||||||
22 | or facts which shall be
submitted in writing by either party | ||||||
23 | whether ultimate or otherwise;
provided that on issues other | ||||||
24 | than nature and extent of the disablement,
if any, the | ||||||
25 | Commission in its decision shall find specially upon any
| ||||||
26 | question or questions of law or fact, whether ultimate or |
| |||||||
| |||||||
1 | otherwise,
which are submitted in writing by either party; | ||||||
2 | provided further that
not more than 5 such questions may be | ||||||
3 | submitted by either party. Any
party may, within 20 days after | ||||||
4 | receipt of notice of the Commission's
decision, or within such | ||||||
5 | further time, not exceeding 30 days, as the
Commission may | ||||||
6 | grant, file with the Commission either an agreed
statement of | ||||||
7 | the facts appearing upon the hearing, or, if such party
shall | ||||||
8 | so elect, a correct transcript of evidence of the additional
| ||||||
9 | proceedings presented before the Commission in which report the | ||||||
10 | party
may embody a correct statement of such other proceedings | ||||||
11 | in the case as
such party may desire to have reviewed, such | ||||||
12 | statement of facts or
transcript of evidence to be | ||||||
13 | authenticated by the signature of the
parties or their | ||||||
14 | attorneys, and in the event that they do not agree,
then the | ||||||
15 | authentication of such transcript of evidence shall be by the
| ||||||
16 | signature of any member of the Commission.
| ||||||
17 | If a reporter does not for any reason furnish a transcript | ||||||
18 | of the
proceedings before the Arbitrator in any case for use on | ||||||
19 | a hearing for
review before the Commission, within the | ||||||
20 | limitations of time as fixed in
this Section, the Commission | ||||||
21 | may, in its discretion, order a trial de
novo before the | ||||||
22 | Commission in such case upon application of either
party. The | ||||||
23 | applications for adjustment of claim and other documents in
the | ||||||
24 | nature of pleadings filed by either party, together with the
| ||||||
25 | decisions of the Arbitrator and of the Commission and the | ||||||
26 | statement of
facts or transcript of evidence hereinbefore |
| |||||||
| |||||||
1 | provided for in paragraphs
(b) and (c) shall be the record of | ||||||
2 | the proceedings of the Commission,
and shall be subject to | ||||||
3 | review as hereinafter provided.
| ||||||
4 | At the request of either party or on its own motion, the | ||||||
5 | Commission shall
set forth in writing the reasons for the | ||||||
6 | decision, including findings of
fact and conclusions of law, | ||||||
7 | separately stated. The Commission shall by
rule adopt a format | ||||||
8 | for written decisions for the Commission and
arbitrators. The | ||||||
9 | written decisions shall be concise and shall succinctly
state | ||||||
10 | the facts and reasons for the decision. The Commission may | ||||||
11 | adopt in
whole or in part, the decision of the arbitrator as | ||||||
12 | the decision of the
Commission. When the Commission does so | ||||||
13 | adopt the decision of the
arbitrator, it shall do so by order. | ||||||
14 | Whenever the Commission adopts part of
the arbitrator's | ||||||
15 | decision, but not all, it shall include in the order the
| ||||||
16 | reasons for not adopting all of the arbitrator's decision. When | ||||||
17 | a majority
of a panel, after deliberation, has arrived at its | ||||||
18 | decision, the decision
shall be filed as provided in this | ||||||
19 | Section without unnecessary delay, and
without regard to the | ||||||
20 | fact that a member of the panel has expressed an
intention to | ||||||
21 | dissent. Any member of the panel may file a dissent. Any
| ||||||
22 | dissent shall be filed no later than 10 days after the decision | ||||||
23 | of the
majority has been filed.
| ||||||
24 | Decisions rendered by the Commission after the effective | ||||||
25 | date of this
amendatory Act of 1980 and dissents, if any, shall | ||||||
26 | be published
together by the Commission. The conclusions
of law |
| |||||||
| |||||||
1 | set out in such decisions shall be regarded as precedents
by | ||||||
2 | arbitrators, for the purpose of achieving
a more uniform | ||||||
3 | administration of this Act.
| ||||||
4 | (f) The decision of the Commission acting within its | ||||||
5 | powers,
according to the provisions of paragraph (e) of this | ||||||
6 | Section shall, in
the absence of fraud, be conclusive unless | ||||||
7 | reviewed as in this paragraph
hereinafter provided. However, | ||||||
8 | the Arbitrator or the Commission may on
his or its own motion, | ||||||
9 | or on the motion of either party, correct any
clerical error or | ||||||
10 | errors in computation within 15 days after the date of
receipt | ||||||
11 | of any award by such Arbitrator or any decision on review of | ||||||
12 | the
Commission, and shall have the power to recall the original | ||||||
13 | award on
arbitration or decision on review, and issue in lieu | ||||||
14 | thereof such
corrected award or decision. Where such correction | ||||||
15 | is made the time for
review herein specified shall begin to run | ||||||
16 | from the date of
the receipt of the corrected award or | ||||||
17 | decision.
| ||||||
18 | (1) Except in cases of claims against the State of | ||||||
19 | Illinois, in
which case the decision of the Commission | ||||||
20 | shall not be subject to
judicial review, the Circuit Court | ||||||
21 | of the county where any of the
parties defendant may be | ||||||
22 | found, or if none of the parties defendant be
found in this | ||||||
23 | State then the Circuit Court of the county where any of
the | ||||||
24 | exposure occurred, shall by summons to the Commission
have | ||||||
25 | power to review all questions of law and fact presented by | ||||||
26 | such
record.
|
| |||||||
| |||||||
1 | A proceeding for review shall be commenced within 20 | ||||||
2 | days of the
receipt of notice of the decision of the | ||||||
3 | Commission. The summons shall be
issued by the clerk of | ||||||
4 | such court upon written request returnable on a
designated | ||||||
5 | return day, not less than 10 or more than 60 days from the | ||||||
6 | date
of issuance thereof, and the written request shall | ||||||
7 | contain the last known
address of other parties in interest | ||||||
8 | and their attorneys of record who are
to be served by | ||||||
9 | summons. Service upon any member of the Commission or the
| ||||||
10 | Secretary or the Assistant Secretary thereof shall be | ||||||
11 | service upon the
Commission, and service upon other parties | ||||||
12 | in interest and their attorneys
of record shall be by | ||||||
13 | summons, and such service shall be made upon the
Commission | ||||||
14 | and other parties in interest by mailing notices of the
| ||||||
15 | commencement of the proceedings and the return day of the | ||||||
16 | summons to the
office of the Commission and to the last | ||||||
17 | known place of residence of
other parties in interest or | ||||||
18 | their attorney or attorneys of record. The
clerk of the | ||||||
19 | court issuing the summons shall on the day of issue mail | ||||||
20 | notice
of the commencement of the proceedings which shall | ||||||
21 | be done by mailing a
copy of the summons to the office of | ||||||
22 | the Commission, and a copy of the
summons to the other | ||||||
23 | parties in interest or their attorney or
attorneys of | ||||||
24 | record and the clerk of the court shall make certificate
| ||||||
25 | that he has so sent such notices in pursuance of this | ||||||
26 | Section, which
shall be evidence of service on the |
| |||||||
| |||||||
1 | Commission and other parties in
interest.
| ||||||
2 | The Commission shall not be required to certify the | ||||||
3 | record of their
proceedings in the Circuit Court unless the | ||||||
4 | party commencing the
proceedings for review in the Circuit | ||||||
5 | Court as above provided, shall file with the Commission | ||||||
6 | notice of intent to file for review in Circuit Court. It | ||||||
7 | shall be
the duty of the Commission upon such filing of | ||||||
8 | notice of intent to file for review in Circuit Court to | ||||||
9 | prepare a true and correct
copy of such testimony and a | ||||||
10 | true and correct copy of all
other matters contained in | ||||||
11 | such record and certified to by the Secretary
or Assistant | ||||||
12 | Secretary thereof. The changes made to this subdivision | ||||||
13 | (f)(1) by this amendatory Act of the 98th General Assembly | ||||||
14 | apply to any Commission decision entered after the | ||||||
15 | effective date of this amendatory Act of the 98th General | ||||||
16 | Assembly.
| ||||||
17 | No request
for a summons may be filed and no summons | ||||||
18 | shall
issue unless the party seeking to review the decision | ||||||
19 | of the Commission
shall exhibit to the clerk of the Circuit | ||||||
20 | Court proof of
filing with the Commission of the notice of | ||||||
21 | the intent to file for review in the Circuit Court or an | ||||||
22 | affidavit of the attorney setting
forth that notice of | ||||||
23 | intent to file for review in Circuit Court has been given | ||||||
24 | in writing to the Secretary
or Assistant Secretary of the | ||||||
25 | Commission.
| ||||||
26 | (2) No such summons shall issue unless the one against
|
| |||||||
| |||||||
1 | whom the Commission shall have rendered an award for the | ||||||
2 | payment of money
shall upon the filing of his written | ||||||
3 | request for such summons file with the
clerk of the court a | ||||||
4 | bond conditioned that if he shall not successfully
| ||||||
5 | prosecute the review, he will pay the award and the costs | ||||||
6 | of the
proceedings in the court. The amount of the bond | ||||||
7 | shall be fixed by any
member of the Commission and the | ||||||
8 | surety or sureties of the bond shall be
approved by the | ||||||
9 | clerk of the court. The acceptance of the bond by the
clerk | ||||||
10 | of the court shall constitute evidence of his approval of | ||||||
11 | the
bond.
| ||||||
12 | Every county, city, town, township, incorporated | ||||||
13 | village, school
district, body politic or municipal | ||||||
14 | corporation having a population of
500,000 or more against | ||||||
15 | whom the Commission shall have rendered an award
for the | ||||||
16 | payment of money shall not be required to file a bond to | ||||||
17 | secure
the payment of the award and the costs of the | ||||||
18 | proceedings in the court
to authorize the court to issue | ||||||
19 | such summons.
| ||||||
20 | The court may confirm or set aside the decision of the | ||||||
21 | Commission. If
the decision is set aside and the facts | ||||||
22 | found in the proceedings before
the Commission are | ||||||
23 | sufficient, the court may enter such decision as is
| ||||||
24 | justified by law, or may remand the cause to the Commission | ||||||
25 | for further
proceedings and may state the questions | ||||||
26 | requiring further hearing, and
give such other |
| |||||||
| |||||||
1 | instructions as may be proper. Appeals shall be taken
to | ||||||
2 | the Appellate Court in accordance
with Supreme Court Rules | ||||||
3 | 22(g) and 303. Appeals shall be taken from the
Appellate | ||||||
4 | Court to the Supreme Court
in accordance with Supreme Court | ||||||
5 | Rule 315.
| ||||||
6 | It shall be the duty of the clerk of any court | ||||||
7 | rendering a decision
affecting or affirming an award of the | ||||||
8 | Commission to promptly furnish
the Commission with a copy | ||||||
9 | of such decision, without charge.
| ||||||
10 | The decision of a majority of the members of the panel | ||||||
11 | of the Commission,
shall be considered the decision of the | ||||||
12 | Commission.
| ||||||
13 | (g) Except in the case of a claim against the State of | ||||||
14 | Illinois,
either party may present a certified copy of the | ||||||
15 | award of the
Arbitrator, or a certified copy of the decision of | ||||||
16 | the Commission when
the same has become final, when no | ||||||
17 | proceedings for review are pending,
providing for the payment | ||||||
18 | of compensation according to this Act, to the
Circuit Court of | ||||||
19 | the county in which such exposure occurred or either of
the | ||||||
20 | parties are residents, whereupon the court shall enter a | ||||||
21 | judgment
in accordance therewith. In case where the employer | ||||||
22 | refuses to pay
compensation according to such final award or | ||||||
23 | such final decision upon
which such judgment is entered, the | ||||||
24 | court shall in entering judgment
thereon, tax as costs against | ||||||
25 | him the reasonable costs and attorney fees
in the arbitration | ||||||
26 | proceedings and in the court entering the judgment
for the |
| |||||||
| |||||||
1 | person in whose favor the judgment is entered, which judgment
| ||||||
2 | and costs taxed as herein provided shall, until and unless set | ||||||
3 | aside,
have the same effect as though duly entered in an action | ||||||
4 | duly tried and
determined by the court, and shall with like | ||||||
5 | effect, be entered and
docketed. The Circuit Court shall have | ||||||
6 | power at any time upon
application to make any such judgment | ||||||
7 | conform to any modification
required by any subsequent decision | ||||||
8 | of the Supreme Court upon appeal, or
as the result of any | ||||||
9 | subsequent proceedings for review, as provided in
this Act.
| ||||||
10 | Judgment shall not be entered until 15 days' notice of the | ||||||
11 | time and
place of the application for the entry of judgment | ||||||
12 | shall be served upon
the employer by filing such notice with | ||||||
13 | the Commission, which Commission
shall, in case it has on file | ||||||
14 | the address of the employer or the name
and address of its | ||||||
15 | agent upon whom notices may be served, immediately
send a copy | ||||||
16 | of the notice to the employer or such designated agent.
| ||||||
17 | (h) An agreement or award under this Act providing for | ||||||
18 | compensation
in installments, may at any time within 18 months | ||||||
19 | after such agreement
or award be reviewed by the Commission at | ||||||
20 | the request of either the
employer or the employee on the | ||||||
21 | ground that the disability of the
employee has subsequently | ||||||
22 | recurred, increased, diminished or ended.
| ||||||
23 | However, as to disablements occurring subsequently to July | ||||||
24 | 1, 1955,
which are covered by any agreement or award under this | ||||||
25 | Act providing for
compensation in installments made as a result | ||||||
26 | of such disablement, such
agreement or award may at any time |
| |||||||
| |||||||
1 | within 30 months after such agreement
or award be reviewed by | ||||||
2 | the Commission at the request of either the
employer or the | ||||||
3 | employee on the ground that the disability of the
employee has | ||||||
4 | subsequently recurred, increased, diminished or ended.
| ||||||
5 | On such review compensation payments may be | ||||||
6 | re-established,
increased, diminished or ended. The Commission | ||||||
7 | shall give 15 days'
notice to the parties of the hearing for | ||||||
8 | review. Any employee, upon any
petition for such review being | ||||||
9 | filed by the employer, shall be entitled
to one day's notice | ||||||
10 | for each 100 miles necessary to be traveled by him in
attending | ||||||
11 | the hearing of the Commission upon the petition, and 3 days in
| ||||||
12 | addition thereto. Such employee shall, at the discretion of the
| ||||||
13 | Commission, also be entitled to 5 cents per mile necessarily | ||||||
14 | traveled by
him within the State of Illinois in attending such | ||||||
15 | hearing, not to
exceed a distance of 300 miles, to be taxed by | ||||||
16 | the Commission as costs
and deposited with the petition of the | ||||||
17 | employer.
| ||||||
18 | When compensation which is payable in accordance with an | ||||||
19 | award or
settlement contract approved by the Commission, is | ||||||
20 | ordered paid in a
lump sum by the Commission, no review shall | ||||||
21 | be had as in this paragraph
mentioned.
| ||||||
22 | (i) Each party, upon taking any proceedings or steps | ||||||
23 | whatsoever
before any Arbitrator, Commission or court,
shall | ||||||
24 | file with the Commission his address, or the name and address | ||||||
25 | of
any agent upon whom all notices to be given to such party | ||||||
26 | shall be
served, either personally or by registered mail, |
| |||||||
| |||||||
1 | addressed to such party
or agent at the last address so filed | ||||||
2 | with the Commission. In the event
such party has not filed his | ||||||
3 | address, or the name and address of an
agent as above provided, | ||||||
4 | service of any notice may be had by filing such
notice with the | ||||||
5 | Commission.
| ||||||
6 | (j) Whenever in any proceeding testimony has been taken or | ||||||
7 | a final
decision has been rendered, and after the taking of | ||||||
8 | such testimony or
after such decision has become final, the | ||||||
9 | employee dies, then in any
subsequent proceeding brought by the | ||||||
10 | personal representative or
beneficiaries of the deceased | ||||||
11 | employee, such testimony in the former
proceeding may be | ||||||
12 | introduced with the same force and effect as though
the witness | ||||||
13 | having so testified were present in person in such
subsequent | ||||||
14 | proceedings and such final decision, if any, shall be taken
as | ||||||
15 | final adjudication of any of the issues which are the same in | ||||||
16 | both
proceedings.
| ||||||
17 | (k) In any case where there has been any unreasonable or | ||||||
18 | vexatious
delay of payment or intentional underpayment of | ||||||
19 | compensation, or
proceedings have been instituted or carried on | ||||||
20 | by one liable to pay the
compensation, which do not present a | ||||||
21 | real controversy, but are merely
frivolous or for delay, then | ||||||
22 | the Commission may award compensation
additional to that | ||||||
23 | otherwise payable under this Act equal to 50% of the
amount | ||||||
24 | payable at the time of such award. Failure to pay compensation | ||||||
25 | in
accordance with the provisions of Section 8, paragraph (b) | ||||||
26 | of this Act,
shall be considered unreasonable delay.
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1 | When determining whether this subsection (k) shall apply, | ||||||
2 | the
Commission shall consider whether an arbitrator has | ||||||
3 | determined
that the claim is not compensable or whether the | ||||||
4 | employer has
made payments under Section 8(j) of the Workers' | ||||||
5 | Compensation Act. | ||||||
6 | (k-1) If the employee has made written demand for payment | ||||||
7 | of
benefits under Section 8(a) or Section 8(b) of the Workers' | ||||||
8 | Compensation Act, the employer shall
have 14 days after receipt | ||||||
9 | of the demand to set forth in
writing the reason for the delay. | ||||||
10 | In the case of demand for
payment of medical benefits under | ||||||
11 | Section 8(a) of the Workers' Compensation Act, the time for
the | ||||||
12 | employer to respond shall not commence until the expiration
of | ||||||
13 | the allotted 60 days specified under Section 8.2(d) of the | ||||||
14 | Workers' Compensation Act. In case
the employer or his or her | ||||||
15 | insurance carrier shall without good and
just cause fail, | ||||||
16 | neglect, refuse, or unreasonably delay the
payment of benefits | ||||||
17 | under Section 8(a) or Section 8(b) of the Workers' Compensation | ||||||
18 | Act, the
Arbitrator or the Commission shall allow to the | ||||||
19 | employee
additional compensation in the sum of $30 per day for | ||||||
20 | each day
that the benefits under Section 8(a) or Section 8(b) | ||||||
21 | of the Workers' Compensation Act have been
so withheld or | ||||||
22 | refused, not to exceed $10,000.
A delay in payment of 14 days | ||||||
23 | or more
shall create a rebuttable presumption of unreasonable | ||||||
24 | delay.
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25 | (l) By the 15th day of each month each insurer providing | ||||||
26 | coverage for
losses under this Act shall notify each insured |
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1 | employer of any compensable
claim incurred during the preceding | ||||||
2 | month and the amounts paid or reserved
on the claim including a | ||||||
3 | summary of the claim and a brief statement of the
reasons for | ||||||
4 | compensability. A cumulative report of all claims incurred
| ||||||
5 | during a calendar year or continued
from the previous year | ||||||
6 | shall be furnished to the insured employer by the
insurer | ||||||
7 | within 30 days after the end of that calendar year.
| ||||||
8 | The insured employer may challenge, in proceeding before | ||||||
9 | the Commission,
payments made by the insurer without | ||||||
10 | arbitration and payments made after
a case is determined to be | ||||||
11 | noncompensable. If the Commission finds that
the case was not | ||||||
12 | compensable, the insurer shall purge its records as to
that | ||||||
13 | employer of any loss or expense associated with the claim, | ||||||
14 | reimburse
the employer for attorneys fee arising from the | ||||||
15 | challenge and for any payment
required of the employer to the | ||||||
16 | Rate Adjustment Fund or the Second Injury
Fund, and may not | ||||||
17 | effect the loss or expense for rate making purposes. The
| ||||||
18 | employee shall not be required to refund the challenged | ||||||
19 | payment. The
decision of the Commission may be reviewed in the | ||||||
20 | same
manner as in arbitrated cases. No challenge may be | ||||||
21 | initiated under this
paragraph more than 3 years after the | ||||||
22 | payment is made. An employer may
waive the right of challenge | ||||||
23 | under this paragraph on a case by case basis.
| ||||||
24 | (m) After filing an application for adjustment of claim but | ||||||
25 | prior to
the hearing on arbitration the parties may voluntarily | ||||||
26 | agree to submit such
application for adjustment of claim for |
| |||||||
| |||||||
1 | decision by an arbitrator under
this subsection (m) where such | ||||||
2 | application for adjustment
of claim raises only a dispute over | ||||||
3 | temporary total disability, permanent
partial disability or | ||||||
4 | medical expenses. Such agreement shall be in writing
in such | ||||||
5 | form as provided by the Commission. Applications for adjustment | ||||||
6 | of
claim submitted for decision by an arbitrator under
this | ||||||
7 | subsection (m) shall proceed according
to rule as established | ||||||
8 | by the Commission. The Commission shall promulgate
rules | ||||||
9 | including, but not limited to, rules to ensure that the parties | ||||||
10 | are
adequately informed of their rights under this subsection | ||||||
11 | (m) and of the
voluntary nature of proceedings under this | ||||||
12 | subsection
(m). The findings of fact made by an arbitrator | ||||||
13 | acting within his or her
powers under this subsection (m) in | ||||||
14 | the absence of fraud shall be
conclusive. However, the | ||||||
15 | arbitrator may on his own motion, or the motion
of either | ||||||
16 | party, correct any clerical errors or errors in computation
| ||||||
17 | within 15 days after the date of receipt of such award of the | ||||||
18 | arbitrator
and shall have the power to recall the original | ||||||
19 | award on arbitration, and
issue in lieu thereof such corrected | ||||||
20 | award.
The decision of the arbitrator under this subsection (m) | ||||||
21 | shall be
considered the decision of the Commission and | ||||||
22 | proceedings for review of
questions of law arising from the | ||||||
23 | decision may be commenced by either party
pursuant to | ||||||
24 | subsection (f) of Section 19. The Advisory Board established
| ||||||
25 | under Section 13.1 of the Workers' Compensation Act shall | ||||||
26 | compile a list of
certified Commission arbitrators, each of |
| |||||||
| |||||||
1 | whom shall be approved by at least
7 members of the Advisory | ||||||
2 | Board. The chairman shall select 5 persons
from such list to | ||||||
3 | serve as arbitrators under this subsection (m). By
agreement, | ||||||
4 | the parties shall select one arbitrator from among the 5 | ||||||
5 | persons
selected by the chairman except, that if the parties do | ||||||
6 | not agree on an
arbitrator from among the 5 persons, the | ||||||
7 | parties may, by agreement,
select an arbitrator of the American | ||||||
8 | Arbitration Association, whose fee
shall be paid by the State | ||||||
9 | in accordance with rules promulgated by the
Commission. | ||||||
10 | Arbitration under this subsection (m) shall be voluntary.
| ||||||
11 | (Source: P.A. 98-40, eff. 6-28-13.)
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