Bill Text: IL HB0058 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act as follows: provides that an injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disability; makes changes regarding notice of accidents; makes changes in computation of compensation paid to certain employees who, before the accident for which an employee claims compensation, had sustained an injury; makes changes regarding review of awards; limits certain cumulative awards for partial disability; provides for certification of permanent partial or total disability by physicians; provides that no compensation is payable for certain injuries involving alcohol or drugs; changes qualifications for Illinois Workers' Compensation Commission commissioners and arbitrators; contains provisions regarding evidentiary matters and statutory construction; makes changes regarding the duties of the Workers' Compensation Advisory Board; requires performance audits of arbitrators; provides that an employer and the exclusive representative of its employees may agree to establish binding obligations and procedures relating to workers' compensation; and makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-24 - Suspend Rule 25 - Prevailed [HB0058 Detail]

Download: Illinois-2009-HB0058-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0058 Introduced 1/14/2009, by Rep. David Reis SYNOPSIS AS INTRODUCED:
See Index
Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act as follows: provides that an injury by accident is compensable only if the accident was the prevailing factor in causing both the resulting medical condition and disability; makes changes regarding notice of accidents; makes changes in computation of compensation paid to certain employees who, before the accident for which an employee claims compensation, had sustained an injury; makes changes regarding review of awards; limits certain cumulative awards for partial disability; provides for certification of permanent partial or total disability by physicians; provides that no compensation is payable for certain injuries involving alcohol or drugs; changes qualifications for Illinois Workers' Compensation Commission commissioners and arbitrators; contains provisions regarding evidentiary matters and statutory construction; makes changes regarding the duties of the Workers' Compensation Advisory Board; requires performance audits of arbitrators; provides that an employer and the exclusive representative of its employees may agree to establish binding obligations and procedures relating to workers' compensation; and makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Workers' Compensation Act is amended by
changing Sections 1, 6, 8, 11, 13, 13.1, and 14 and by adding
Sections 23.1 and 31 as follows:
(820 ILCS 305/1) (from Ch. 48, par. 138.1)
Sec. 1. This Act may be cited as the Workers' Compensation
Act.
(a) The term "employer" as used in this Act means:
1. The State and each county, city, town, township,
incorporated village, school district, body politic, or
municipal corporation therein.
2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary, religious
or charitable corporations or associations who has any person
in service or under any contract for hire, express or implied,
oral or written, and who is engaged in any of the enterprises
or businesses enumerated in Section 3 of this Act, or who at or
prior to the time of the accident to the employee for which
compensation under this Act may be claimed, has in the manner
provided in this Act elected to become subject to the
provisions of this Act, and who has not, prior to such

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accident, effected a withdrawal of such election in the manner
provided in this Act.
3. Any one engaging in any business or enterprise referred
to in subsections 1 and 2 of Section 3 of this Act who
undertakes to do any work enumerated therein, is liable to pay
compensation to his own immediate employees in accordance with
the provisions of this Act, and in addition thereto if he
directly or indirectly engages any contractor whether
principal or sub-contractor to do any such work, he is liable
to pay compensation to the employees of any such contractor or
sub-contractor unless such contractor or sub-contractor has
insured, in any company or association authorized under the
laws of this State to insure the liability to pay compensation
under this Act, or guaranteed his liability to pay such
compensation. With respect to any time limitation on the filing
of claims provided by this Act, the timely filing of a claim
against a contractor or subcontractor, as the case may be,
shall be deemed to be a timely filing with respect to all
persons upon whom liability is imposed by this paragraph.
In the event any such person pays compensation under this
subsection he may recover the amount thereof from the
contractor or sub-contractor, if any, and in the event the
contractor pays compensation under this subsection he may
recover the amount thereof from the sub-contractor, if any.
This subsection does not apply in any case where the
accident occurs elsewhere than on, in or about the immediate

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premises on which the principal has contracted that the work be
done.
4. Where an employer operating under and subject to the
provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable
accidental injury in the employment of such borrowing employer
and where such borrowing employer does not provide or pay the
benefits or payments due such injured employee, such loaning
employer is liable to provide or pay all benefits or payments
due such employee under this Act and as to such employee the
liability of such loaning and borrowing employers is joint and
several, provided that such loaning employer is in the absence
of agreement to the contrary entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with reasonable
attorneys' fees and expenses in any hearings before the
Illinois Workers' Compensation Commission or in any action to
secure such reimbursement. Where any benefit is provided or
paid by such loaning employer the employee has the duty of
rendering reasonable cooperation in any hearings, trials or
proceedings in the case, including such proceedings for
reimbursement.
Where an employee files an Application for Adjustment of
Claim with the Illinois Workers' Compensation Commission
alleging that his claim is covered by the provisions of the
preceding paragraph, and joining both the alleged loaning and

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borrowing employers, they and each of them, upon written demand
by the employee and within 7 days after receipt of such demand,
shall have the duty of filing with the Illinois Workers'
Compensation Commission a written admission or denial of the
allegation that the claim is covered by the provisions of the
preceding paragraph and in default of such filing or if any
such denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this Act
shall apply.
An employer whose business or enterprise or a substantial
part thereof consists of hiring, procuring or furnishing
employees to or for other employers operating under and subject
to the provisions of this Act for the performance of the work
of such other employers and who pays such employees their
salary or wages notwithstanding that they are doing the work of
such other employers shall be deemed a loaning employer within
the meaning and provisions of this Section.
(b) The term "employee" as used in this Act means:
1. Every person in the service of the State, including
members of the General Assembly, members of the Commerce
Commission, members of the Illinois Workers' Compensation
Commission, and all persons in the service of the University of
Illinois, county, including deputy sheriffs and assistant
state's attorneys, city, town, township, incorporated village
or school district, body politic, or municipal corporation
therein, whether by election, under appointment or contract of

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hire, express or implied, oral or written, including all
members of the Illinois National Guard while on active duty in
the service of the State, and all probation personnel of the
Juvenile Court appointed pursuant to Article VI of the Juvenile
Court Act of 1987, and including any official of the State, any
county, city, town, township, incorporated village, school
district, body politic or municipal corporation therein except
any duly appointed member of a police department in any city
whose population exceeds 200,000 according to the last Federal
or State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State. A
duly appointed member of a fire department in any city, the
population of which exceeds 200,000 according to the last
federal or State census, is an employee under this Act only
with respect to claims brought under paragraph (c) of Section
8.
One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated village,
school district, body politic or municipal corporation
therein, through its representatives, is not considered as an
employee of the State, county, city, town, township,
incorporated village, school district, body politic or
municipal corporation which made the contract.
2. Every person in the service of another under any
contract of hire, express or implied, oral or written,
including persons whose employment is outside of the State of

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Illinois where the contract of hire is made within the State of
Illinois, persons whose employment results in fatal or
non-fatal injuries within the State of Illinois where the
contract of hire is made outside of the State of Illinois, and
persons whose employment is principally localized within the
State of Illinois, regardless of the place of the accident or
the place where the contract of hire was made, and including
aliens, and minors who, for the purpose of this Act are
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult
employees.
3. Every sole proprietor and every partner of a business
may elect to be covered by this Act.
An employee or his dependents under this Act who shall have
a cause of action by reason of any injury, disablement or death
arising out of and in the course of his employment may elect to
pursue his remedy in the State where injured or disabled, or in
the State where the contract of hire is made, or in the State
where the employment is principally localized.
However, any employer may elect to provide and pay
compensation to any employee other than those engaged in the
usual course of the trade, business, profession or occupation
of the employer by complying with Sections 2 and 4 of this Act.
Employees are not included within the provisions of this Act
when excluded by the laws of the United States relating to
liability of employers to their employees for personal injuries

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where such laws are held to be exclusive.
The term "employee" does not include persons performing
services as real estate broker, broker-salesman, or salesman
when such persons are paid by commission only.
(c) "Commission" means the Industrial Commission created
by Section 5 of "The Civil Administrative Code of Illinois",
approved March 7, 1917, as amended, or the Illinois Workers'
Compensation Commission created by Section 13 of this Act.
(d) "Injury" means an injury that has arisen out of and in
the course of employment. An injury by accident is compensable
only if the accident was the prevailing factor in causing both
the resulting medical condition and disability. "Prevailing
factor" means the primary factor, in relation to any other
factor, causing both the resulting medical condition and
disability.
(1) An injury is deemed to arise out of and in the
course of the employment only if:
(A) it is reasonably apparent, upon consideration
of all the circumstances, that the accident is the
prevailing factor in causing the injury; and
(B) it does not come from a hazard or risk
unrelated to the employment to which workers would have
been equally exposed outside of and unrelated to the
employment in normal nonemployment life.
(2) An injury resulting directly or indirectly from
idiopathic causes is not compensable.

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(3) A cardiovascular, pulmonary, respiratory, or other
disease or cerebrovascular accident or myocardial
infarction suffered by a worker is an injury only if the
accident is the prevailing factor in causing the resulting
medical condition.
(Source: P.A. 93-721, eff. 1-1-05.)
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
Sec. 6. (a) Every employer within the provisions of this
Act, shall, under the rules and regulations prescribed by the
Commission, post printed notices in their respective places of
employment in such number and at such places as may be
determined by the Commission, containing such information
relative to this Act as in the judgment of the Commission may
be necessary to aid employees to safeguard their rights under
this Act in event of injury.
In addition thereto, the employer shall post in a
conspicuous place on the place of the employment a printed or
typewritten notice stating whether he is insured or whether he
has qualified and is operating as a self-insured employer. In
the event the employer is insured, the notice shall state the
name and address of his insurance carrier, the number of the
insurance policy, its effective date and the date of
termination. In the event of the termination of the policy for
any reason prior to the termination date stated, the posted
notice shall promptly be corrected accordingly. In the event

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the employer is operating as a self-insured employer the notice
shall state the name and address of the company, if any,
servicing the compensation payments of the employer, and the
name and address of the person in charge of making compensation
payments.
(b) Every employer subject to this Act shall maintain
accurate records of work-related deaths, injuries and illness
other than minor injuries requiring only first aid treatment
and which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to
another job and file with the Commission, in writing, a report
of all accidental deaths, injuries and illnesses arising out of
and in the course of the employment resulting in the loss of
more than 3 scheduled work days. In the case of death such
report shall be made no later than 2 working days following the
accidental death. In all other cases such report shall be made
between the 15th and 25th of each month unless required to be
made sooner by rule of the Commission. In case the injury
results in permanent disability, a further report shall be made
as soon as it is determined that such permanent disability has
resulted or will result from the injury. All reports shall
state the date of the injury, including the time of day or
night, the nature of the employer's business, the name,
address, age, sex, conjugal condition of the injured person,
the specific occupation of the injured person, the direct cause
of the injury and the nature of the accident, the character of

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the injury, the length of disability, and in case of death the
length of disability before death, the wages of the injured
person, whether compensation has been paid to the injured
person, or to his or her legal representative or his heirs or
next of kin, the amount of compensation paid, the amount paid
for physicians', surgeons' and hospital bills, and by whom
paid, and the amount paid for funeral or burial expenses if
known. The reports shall be made on forms and in the manner as
prescribed by the Commission and shall contain such further
information as the Commission shall deem necessary and require.
The making of these reports releases the employer from making
such reports to any other officer of the State and shall
satisfy the reporting provisions as contained in the "Health
and Safety Act" and "An Act in relation to safety inspections
and education in industrial and commercial establishments and
to repeal an Act therein named", approved July 18, 1955, as now
or hereafter amended. The reports filed with the Commission
pursuant to this Section shall be made available by the
Commission to the Director of Labor or his representatives and
to all other departments of the State of Illinois which shall
require such information for the proper discharge of their
official duties. Failure to file with the Commission any of the
reports required in this Section is a petty offense.
Except as provided in this paragraph, all reports filed
hereunder shall be confidential and any person having access to
such records filed with the Illinois Workers' Compensation

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Commission as herein required, who shall release any
information therein contained including the names or otherwise
identify any persons sustaining injuries or disabilities, or
give access to such information to any unauthorized person,
shall be subject to discipline or discharge, and in addition
shall be guilty of a Class B misdemeanor. The Commission shall
compile and distribute to interested persons aggregate
statistics, taken from the reports filed hereunder. The
aggregate statistics shall not give the names or otherwise
identify persons sustaining injuries or disabilities or the
employer of any injured or disabled person.
(c) Notice of the accident shall be given to the employer
immediately after the accident as soon as practicable, but not
later than 72 hours after the occurrence of the accident.
Notice of the accident may be given to the employer up to 45
days after the accident. Provided:
(1) In case of the legal disability of the employee or any
dependent of a deceased employee who may be entitled to
compensation under the provisions of this Act, the limitations
of time by this Act provided do not begin to run against such
person under legal disability until a guardian has been
appointed.
(2) In cases of injuries sustained by exposure to
radiological materials or equipment, notice shall be given to
the employer within 90 days subsequent to the time that the
employee knows or suspects that he has received an excessive

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dose of radiation.
No defect or inaccuracy of such notice shall be a bar to
the maintenance of proceedings on arbitration or otherwise by
the employee unless the employer proves that he is unduly
prejudiced in such proceedings by such defect or inaccuracy,
including, without limitation, that such defect or inaccuracy
of notice adversely impacted the employer's ability to properly
investigate the claim of accident.
Notice of the accident shall give the approximate date and
place of the accident, if known, and may be given orally or in
writing.
(d) Every employer shall notify each injured employee who
has been granted compensation under the provisions of Section 8
of this Act of his rights to rehabilitation services and advise
him of the locations of available public rehabilitation centers
and any other such services of which the employer has
knowledge.
In any case, other than one where the injury was caused by
exposure to radiological materials or equipment or asbestos
unless the application for compensation is filed with the
Commission within 3 years after the date of the accident, where
no compensation has been paid, or within 2 years after the date
of the last payment of compensation, where any has been paid,
whichever shall be later, the right to file such application
shall be barred.
In any case of injury caused by exposure to radiological

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materials or equipment or asbestos, unless application for
compensation is filed with the Commission within 25 years after
the last day that the employee was employed in an environment
of hazardous radiological activity or asbestos, the right to
file such application shall be barred.
If in any case except one where the injury was caused by
exposure to radiological materials or equipment or asbestos,
the accidental injury results in death application for
compensation for death may be filed with the Commission within
3 years after the date of death where no compensation has been
paid or within 2 years after the date of the last payment of
compensation where any has been paid, whichever shall be later,
but not thereafter.
If an accidental injury caused by exposure to radiological
material or equipment or asbestos results in death within 25
years after the last day that the employee was so exposed
application for compensation for death may be filed with the
Commission within 3 years after the date of death, where no
compensation has been paid, or within 2 years after the date of
the last payment of compensation where any has been paid,
whichever shall be later, but not thereafter.
(e) Any contract or agreement made by any employer or his
agent or attorney with any employee or any other beneficiary of
any claim under the provisions of this Act within 7 days after
the injury shall be presumed to be fraudulent.
(f) Any condition or impairment of health of an employee

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employed as a firefighter, emergency medical technician (EMT),
or paramedic which results directly or indirectly from any
bloodborne pathogen, lung or respiratory disease or condition,
heart or vascular disease or condition, hypertension,
tuberculosis, or cancer resulting in any disability
(temporary, permanent, total, or partial) to the employee shall
be rebuttably presumed to arise out of and in the course of the
employee's firefighting, EMT, or paramedic employment and,
further, shall be rebuttably presumed to be causally connected
to the hazards or exposures of the employment. This presumption
shall also apply to any hernia or hearing loss suffered by an
employee employed as a firefighter, EMT, or paramedic. However,
this presumption shall not apply to any employee who has been
employed as a firefighter, EMT, or paramedic for less than 5
years at the time he or she files an Application for Adjustment
of Claim concerning this condition or impairment with the
Illinois Workers' Compensation Commission. The Finding and
Decision of the Illinois Workers' Compensation Commission
under only the rebuttable presumption provision of this
subsection shall not be admissible or be deemed res judicata in
any disability claim under the Illinois Pension Code arising
out of the same medical condition; however, this sentence makes
no change to the law set forth in Krohe v. City of Bloomington,
204 Ill.2d 392.
(Source: P.A. 95-316, eff. 1-1-08.)

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(820 ILCS 305/8) (from Ch. 48, par. 138.8)
Sec. 8. The amount of compensation which shall be paid to
the employee for an accidental injury not resulting in death
is:
(a) The employer shall provide and pay the negotiated rate,
if applicable, or the lesser of the health care provider's
actual charges or according to a fee schedule, subject to
Section 8.2, in effect at the time the service was rendered for
all the necessary first aid, medical and surgical services, and
all necessary medical, surgical and hospital services
thereafter incurred, limited, however, to that which is
reasonably required to cure or relieve from the effects of the
accidental injury. If the employer does not dispute payment of
first aid, medical, surgical, and hospital services, the
employer shall make such payment to the provider on behalf of
the employee. The employer shall also pay for treatment,
instruction and training necessary for the physical, mental and
vocational rehabilitation of the employee, including all
maintenance costs and expenses incidental thereto. If as a
result of the injury the employee is unable to be
self-sufficient the employer shall further pay for such
maintenance or institutional care as shall be required.
The employee may at any time elect to secure his own
physician, surgeon and hospital services at the employer's
expense, or,
Upon agreement between the employer and the employees, or

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the employees' exclusive representative, and subject to the
approval of the Illinois Workers' Compensation Commission, the
employer shall maintain a list of physicians, to be known as a
Panel of Physicians, who are accessible to the employees. The
employer shall post this list in a place or places easily
accessible to his employees. The employee shall have the right
to make an alternative choice of physician from such Panel if
he is not satisfied with the physician first selected. If, due
to the nature of the injury or its occurrence away from the
employer's place of business, the employee is unable to make a
selection from the Panel, the selection process from the Panel
shall not apply. The physician selected from the Panel may
arrange for any consultation, referral or other specialized
medical services outside the Panel at the employer's expense.
Provided that, in the event the Commission shall find that a
doctor selected by the employee is rendering improper or
inadequate care, the Commission may order the employee to
select another doctor certified or qualified in the medical
field for which treatment is required. If the employee refuses
to make such change the Commission may relieve the employer of
his obligation to pay the doctor's charges from the date of
refusal to the date of compliance.
Any vocational rehabilitation counselors who provide
service under this Act shall have appropriate certifications
which designate the counselor as qualified to render opinions
relating to vocational rehabilitation. Vocational

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rehabilitation may include, but is not limited to, counseling
for job searches, supervising a job search program, and
vocational retraining including education at an accredited
learning institution. The employee or employer may petition to
the Commission to decide disputes relating to vocational
rehabilitation and the Commission shall resolve any such
dispute, including payment of the vocational rehabilitation
program by the employer.
The maintenance benefit shall not be less than the
temporary total disability rate determined for the employee. In
addition, maintenance shall include costs and expenses
incidental to the vocational rehabilitation program.
When the employee is working light duty on a part-time
basis or full-time basis and earns less than he or she would be
earning if employed in the full capacity of the job or jobs,
then the employee shall be entitled to temporary partial
disability benefits. Temporary partial disability benefits
shall be equal to two-thirds of the difference between the
average amount that the employee would be able to earn in the
full performance of his or her duties in the occupation in
which he or she was engaged at the time of accident and the net
amount which he or she is earning in the modified job provided
to the employee by the employer or in any other job that the
employee is working.
Every hospital, physician, surgeon or other person
rendering treatment or services in accordance with the

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provisions of this Section shall upon written request furnish
full and complete reports thereof to, and permit their records
to be copied by, the employer, the employee or his dependents,
as the case may be, or any other party to any proceeding for
compensation before the Commission, or their attorneys.
Notwithstanding the foregoing, the employer's liability to
pay for such medical services selected by the employee shall be
limited to:
(1) all first aid and emergency treatment; plus
(2) all medical, surgical and hospital services
provided by the physician, surgeon or hospital initially
chosen by the employee or by any other physician,
consultant, expert, institution or other provider of
services recommended by said initial service provider or
any subsequent provider of medical services in the chain of
referrals from said initial service provider; plus
(3) all medical, surgical and hospital services
provided by any second physician, surgeon or hospital
subsequently chosen by the employee or by any other
physician, consultant, expert, institution or other
provider of services recommended by said second service
provider or any subsequent provider of medical services in
the chain of referrals from said second service provider.
Thereafter the employer shall select and pay for all
necessary medical, surgical and hospital treatment and the
employee may not select a provider of medical services at

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the employer's expense unless the employer agrees to such
selection. At any time the employee may obtain any medical
treatment he desires at his own expense. This paragraph
shall not affect the duty to pay for rehabilitation
referred to above.
When an employer and employee so agree in writing, nothing
in this Act prevents an employee whose injury or disability has
been established under this Act, from relying in good faith, on
treatment by prayer or spiritual means alone, in accordance
with the tenets and practice of a recognized church or
religious denomination, by a duly accredited practitioner
thereof, and having nursing services appropriate therewith,
without suffering loss or diminution of the compensation
benefits under this Act. However, the employee shall submit to
all physical examinations required by this Act. The cost of
such treatment and nursing care shall be paid by the employee
unless the employer agrees to make such payment.
Where the accidental injury results in the amputation of an
arm, hand, leg or foot, or the enucleation of an eye, or the
loss of any of the natural teeth, the employer shall furnish an
artificial of any such members lost or damaged in accidental
injury arising out of and in the course of employment, and
shall also furnish the necessary braces in all proper and
necessary cases. In cases of the loss of a member or members by
amputation, the employer shall, whenever necessary, maintain
in good repair, refit or replace the artificial limbs during

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the lifetime of the employee. Where the accidental injury
accompanied by physical injury results in damage to a denture,
eye glasses or contact eye lenses, or where the accidental
injury results in damage to an artificial member, the employer
shall replace or repair such denture, glasses, lenses, or
artificial member.
The furnishing by the employer of any such services or
appliances is not an admission of liability on the part of the
employer to pay compensation.
The furnishing of any such services or appliances or the
servicing thereof by the employer is not the payment of
compensation.
(b) If the period of temporary total incapacity for work
lasts more than 3 working days, weekly compensation as
hereinafter provided shall be paid beginning on the 4th day of
such temporary total incapacity and continuing as long as the
total temporary incapacity lasts. In cases where the temporary
total incapacity for work continues for a period of 14 days or
more from the day of the accident compensation shall commence
on the day after the accident.
1. The compensation rate for temporary total
incapacity under this paragraph (b) of this Section shall
be equal to 66 2/3% of the employee's average weekly wage
computed in accordance with Section 10, provided that it
shall be not less than 66 2/3% of the sum of the Federal
minimum wage under the Fair Labor Standards Act, or the

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Illinois minimum wage under the Minimum Wage Law, whichever
is more, multiplied by 40 hours. This percentage rate shall
be increased by 10% for each spouse and child, not to
exceed 100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2. The compensation rate in all cases other than for
temporary total disability under this paragraph (b), and
other than for serious and permanent disfigurement under
paragraph (c) and other than for permanent partial
disability under subparagraph (2) of paragraph (d) or under
paragraph (e), of this Section shall be equal to 66 2/3% of
the employee's average weekly wage computed in accordance
with the provisions of Section 10, provided that it shall
be not less than 66 2/3% of the sum of the Federal minimum
wage under the Fair Labor Standards Act, or the Illinois
minimum wage under the Minimum Wage Law, whichever is more,
multiplied by 40 hours. This percentage rate shall be
increased by 10% for each spouse and child, not to exceed
100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2.1. The compensation rate in all cases of serious and
permanent disfigurement under paragraph (c) and of

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permanent partial disability under subparagraph (2) of
paragraph (d) or under paragraph (e) of this Section shall
be equal to 60% of the employee's average weekly wage
computed in accordance with the provisions of Section 10,
provided that it shall be not less than 66 2/3% of the sum
of the Federal minimum wage under the Fair Labor Standards
Act, or the Illinois minimum wage under the Minimum Wage
Law, whichever is more, multiplied by 40 hours. This
percentage rate shall be increased by 10% for each spouse
and child, not to exceed 100% of the total minimum wage
calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
3. As used in this Section the term "child" means a
child of the employee including any child legally adopted
before the accident or whom at the time of the accident the
employee was under legal obligation to support or to whom
the employee stood in loco parentis, and who at the time of
the accident was under 18 years of age and not emancipated.
The term "children" means the plural of "child".
4. All weekly compensation rates provided under
subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
Section shall be subject to the following limitations:
The maximum weekly compensation rate from July 1, 1975,
except as hereinafter provided, shall be 100% of the

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State's average weekly wage in covered industries under the
Unemployment Insurance Act, that being the wage that most
closely approximates the State's average weekly wage.
The maximum weekly compensation rate, for the period
July 1, 1984, through June 30, 1987, except as hereinafter
provided, shall be $293.61. Effective July 1, 1987 and on
July 1 of each year thereafter the maximum weekly
compensation rate, except as hereinafter provided, shall
be determined as follows: if during the preceding 12 month
period there shall have been an increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act, the weekly compensation rate
shall be proportionately increased by the same percentage
as the percentage of increase in the State's average weekly
wage in covered industries under the Unemployment
Insurance Act during such period.
The maximum weekly compensation rate, for the period
January 1, 1981 through December 31, 1983, except as
hereinafter provided, shall be 100% of the State's average
weekly wage in covered industries under the Unemployment
Insurance Act in effect on January 1, 1981. Effective
January 1, 1984 and on January 1, of each year thereafter
the maximum weekly compensation rate, except as
hereinafter provided, shall be determined as follows: if
during the preceding 12 month period there shall have been
an increase in the State's average weekly wage in covered

HB0058 - 24 - LRB096 02946 WGH 12960 b
industries under the Unemployment Insurance Act, the
weekly compensation rate shall be proportionately
increased by the same percentage as the percentage of
increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act during
such period.
From July 1, 1977 and thereafter such maximum weekly
compensation rate in death cases under Section 7, and
permanent total disability cases under paragraph (f) or
subparagraph 18 of paragraph (3) of this Section and for
temporary total disability under paragraph (b) of this
Section and for amputation of a member or enucleation of an
eye under paragraph (e) of this Section shall be increased
to 133-1/3% of the State's average weekly wage in covered
industries under the Unemployment Insurance Act.
For injuries occurring on or after February 1, 2006,
the maximum weekly benefit under paragraph (d)1 of this
Section shall be 100% of the State's average weekly wage in
covered industries under the Unemployment Insurance Act.
4.1. Any provision herein to the contrary
notwithstanding, the weekly compensation rate for
compensation payments under subparagraph 18 of paragraph
(e) of this Section and under paragraph (f) of this Section
and under paragraph (a) of Section 7 and for amputation of
a member or enucleation of an eye under paragraph (e) of
this Section, shall in no event be less than 50% of the

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State's average weekly wage in covered industries under the
Unemployment Insurance Act.
4.2. Any provision to the contrary notwithstanding,
the total compensation payable under Section 7 shall not
exceed the greater of $500,000 or 25 years.
5. For the purpose of this Section this State's average
weekly wage in covered industries under the Unemployment
Insurance Act on July 1, 1975 is hereby fixed at $228.16
per week and the computation of compensation rates shall be
based on the aforesaid average weekly wage until modified
as hereinafter provided.
6. The Department of Employment Security of the State
shall on or before the first day of December, 1977, and on
or before the first day of June, 1978, and on the first day
of each December and June of each year thereafter, publish
the State's average weekly wage in covered industries under
the Unemployment Insurance Act and the Illinois Workers'
Compensation Commission shall on the 15th day of January,
1978 and on the 15th day of July, 1978 and on the 15th day
of each January and July of each year thereafter, post and
publish the State's average weekly wage in covered
industries under the Unemployment Insurance Act as last
determined and published by the Department of Employment
Security. The amount when so posted and published shall be
conclusive and shall be applicable as the basis of
computation of compensation rates until the next posting

HB0058 - 26 - LRB096 02946 WGH 12960 b
and publication as aforesaid.
7. The payment of compensation by an employer or his
insurance carrier to an injured employee shall not
constitute an admission of the employer's liability to pay
compensation.
(c) For any serious and permanent disfigurement to the
hand, head, face, neck, arm, leg below the knee or the chest
above the axillary line, the employee is entitled to
compensation for such disfigurement, the amount determined by
agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental
injury, which amount shall not exceed 150 weeks (if the
accidental injury occurs on or after the effective date of this
amendatory Act of the 94th General Assembly but before February
1, 2006) or 162 weeks (if the accidental injury occurs on or
after February 1, 2006) at the applicable rate provided in
subparagraph 2.1 of paragraph (b) of this Section.
No compensation is payable under this paragraph where
compensation is payable under paragraphs (d), (e) or (f) of
this Section.
A duly appointed member of a fire department in a city, the
population of which exceeds 200,000 according to the last
federal or State census, is eligible for compensation under
this paragraph only where such serious and permanent
disfigurement results from burns.
(d) 1. If, after the accidental injury has been sustained,

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the employee as a result thereof becomes partially
incapacitated from pursuing his usual and customary line of
employment, he shall, except in cases compensated under the
specific schedule set forth in paragraph (e) of this Section,
receive compensation for the duration of his disability,
subject to the limitations as to maximum amounts fixed in
paragraph (b) of this Section, equal to 66-2/3% of the
difference between the average amount which he would be able to
earn in the full performance of his duties in the occupation in
which he was engaged at the time of the accident and the
average amount which he is earning or is able to earn in some
suitable employment or business after the accident.
In computing the compensation to be paid to any employee
who, before the accident for which he or she claims
compensation, had previously sustained an injury or injuries
resulting in a difference in earnings between the average
amount which he or she would have been able to earn in the full
performance of his or her duties in the occupation in which he
or she had been engaged at the time of the previous accident or
accidents and the average amount which he or she was thereafter
earning or was found to be able to earn in some suitable
employment or business after the previous accident or
accidents, there shall be deducted, from any award or
settlement made for the subsequent injury, the permanent loss
of earnings previously sustained.
An award or settlement under this Section may at any time

HB0058 - 28 - LRB096 02946 WGH 12960 b
be reviewed by the Commission, at the request of the employer,
on the grounds that the earnings of the employee have
subsequently increased, or that, due to the employee leaving
the work force, the earning of wages has ended, or that the
earnings differential has ended or been eliminated for other
reasons. Upon such review, compensation payments may be ordered
to be diminished or to cease. The Commission shall give 60
days' notice to the parties of the hearing for review.
2. If, as a result of the accident, the employee sustains
serious and permanent injuries not covered by paragraphs (c)
and (e) of this Section or having sustained injuries covered by
the aforesaid paragraphs (c) and (e), he shall have sustained
in addition thereto other injuries which injuries do not
incapacitate him from pursuing the duties of his employment but
which would disable him from pursuing other suitable
occupations, or which have otherwise resulted in physical
impairment; or if such injuries partially incapacitate him from
pursuing the duties of his usual and customary line of
employment but do not result in an impairment of earning
capacity, or having resulted in an impairment of earning
capacity, the employee elects to waive his right to recover
under the foregoing subparagraph 1 of paragraph (d) of this
Section then in any of the foregoing events, he shall receive
in addition to compensation for temporary total disability
under paragraph (b) of this Section, compensation at the rate
provided in subparagraph 2.1 of paragraph (b) of this Section

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for that percentage of 500 weeks that the partial disability
resulting from the injuries covered by this paragraph bears to
total disability. If the employee shall have sustained a
fracture of one or more vertebra or fracture of the skull, the
amount of compensation allowed under this Section shall be not
less than 6 weeks for a fractured skull and 6 weeks for each
fractured vertebra, and in the event the employee shall have
sustained a fracture of any of the following facial bones:
nasal, lachrymal, vomer, zygoma, maxilla, palatine or
mandible, the amount of compensation allowed under this Section
shall be not less than 2 weeks for each such fractured bone,
and for a fracture of each transverse process not less than 3
weeks. In the event such injuries shall result in the loss of a
kidney, spleen or lung, the amount of compensation allowed
under this Section shall be not less than 10 weeks for each
such organ. Compensation awarded under this subparagraph 2
shall not take into consideration injuries covered under
paragraphs (c) and (e) of this Section and the compensation
provided in this paragraph shall not affect the employee's
right to compensation payable under paragraphs (b), (c) and (e)
of this Section for the disabilities therein covered.
In computing the compensation to be paid any employee who,
before the accident for which he or she claims compensation,
had previously sustained an injury resulting in the payment of
compensation for a percentage of partial disability under this
paragraph (d)2, that percentage of partial disability shall be

HB0058 - 30 - LRB096 02946 WGH 12960 b
deducted from any award or settlement made under this paragraph
(d)2 for a subsequent injury.
Nothing in this Act shall permit cumulative awards or
settlements for compensation for partial disability under this
paragraph (d)2 to exceed 500 weeks, which shall constitute
complete loss of use of the body as a whole.
(e) For accidental injuries in the following schedule, the
employee shall receive compensation for the period of temporary
total incapacity for work resulting from such accidental
injury, under subparagraph 1 of paragraph (b) of this Section,
and shall receive in addition thereto compensation for a
further period for the specific loss herein mentioned, but
shall not receive any compensation under any other provisions
of this Act. The following listed amounts apply to either the
loss of or the permanent and complete loss of use of the member
specified, such compensation for the length of time as follows:
1. Thumb-
70 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
76 weeks if the accidental injury occurs on or
after February 1, 2006.
2. First, or index finger-
40 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.

HB0058 - 31 - LRB096 02946 WGH 12960 b
43 weeks if the accidental injury occurs on or
after February 1, 2006.
3. Second, or middle finger-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
4. Third, or ring finger-
25 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
27 weeks if the accidental injury occurs on or
after February 1, 2006.
5. Fourth, or little finger-
20 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
22 weeks if the accidental injury occurs on or
after February 1, 2006.
6. Great toe-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.

HB0058 - 32 - LRB096 02946 WGH 12960 b
7. Each toe other than great toe-
12 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
13 weeks if the accidental injury occurs on or
after February 1, 2006.
8. The loss of the first or distal phalanx of the thumb
or of any finger or toe shall be considered to be equal to
the loss of one-half of such thumb, finger or toe and the
compensation payable shall be one-half of the amount above
specified. The loss of more than one phalanx shall be
considered as the loss of the entire thumb, finger or toe.
In no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the
loss of a hand.
9. Hand-
190 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
205 weeks if the accidental injury occurs on or
after February 1, 2006.
The loss of 2 or more digits, or one or more phalanges
of 2 or more digits, of a hand may be compensated on the
basis of partial loss of use of a hand, provided, further,
that the loss of 4 digits, or the loss of use of 4 digits,
in the same hand shall constitute the complete loss of a

HB0058 - 33 - LRB096 02946 WGH 12960 b
hand.
10. Arm-
235 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
253 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation of
an arm below the elbow, such injury shall be compensated as
a loss of an arm. Where an accidental injury results in the
amputation of an arm above the elbow, compensation for an
additional 15 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 17 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of an arm at
the shoulder joint, or so close to shoulder joint that an
artificial arm cannot be used, or results in the
disarticulation of an arm at the shoulder joint, in which
case compensation for an additional 65 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 70 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.

HB0058 - 34 - LRB096 02946 WGH 12960 b
11. Foot-
155 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
167 weeks if the accidental injury occurs on or
after February 1, 2006.
12. Leg-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation of
a leg below the knee, such injury shall be compensated as
loss of a leg. Where an accidental injury results in the
amputation of a leg above the knee, compensation for an
additional 25 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 27 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of a leg at the
hip joint, or so close to the hip joint that an artificial
leg cannot be used, or results in the disarticulation of a
leg at the hip joint, in which case compensation for an
additional 75 weeks (if the accidental injury occurs on or

HB0058 - 35 - LRB096 02946 WGH 12960 b
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 81 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid.
13. Eye-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the enucleation
of an eye, compensation for an additional 10 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 11 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
14. Loss of hearing of one ear-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Total and permanent loss of hearing of both ears-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the

HB0058 - 36 - LRB096 02946 WGH 12960 b
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
15. Testicle-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Both testicles-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
16. For the permanent partial loss of use of a member
or sight of an eye, or hearing of an ear, compensation
during that proportion of the number of weeks in the
foregoing schedule provided for the loss of such member or
sight of an eye, or hearing of an ear, which the partial
loss of use thereof bears to the total loss of use of such
member, or sight of eye, or hearing of an ear.
(a) Loss of hearing for compensation purposes
shall be confined to the frequencies of 1,000, 2,000
and 3,000 cycles per second. Loss of hearing ability
for frequency tones above 3,000 cycles per second are

HB0058 - 37 - LRB096 02946 WGH 12960 b
not to be considered as constituting disability for
hearing.
(b) The percent of hearing loss, for purposes of
the determination of compensation claims for
occupational deafness, shall be calculated as the
average in decibels for the thresholds of hearing for
the frequencies of 1,000, 2,000 and 3,000 cycles per
second. Pure tone air conduction audiometric
instruments, approved by nationally recognized
authorities in this field, shall be used for measuring
hearing loss. If the losses of hearing average 30
decibels or less in the 3 frequencies, such losses of
hearing shall not then constitute any compensable
hearing disability. If the losses of hearing average 85
decibels or more in the 3 frequencies, then the same
shall constitute and be total or 100% compensable
hearing loss.
(c) In measuring hearing impairment, the lowest
measured losses in each of the 3 frequencies shall be
added together and divided by 3 to determine the
average decibel loss. For every decibel of loss
exceeding 30 decibels an allowance of 1.82% shall be
made up to the maximum of 100% which is reached at 85
decibels.
(d) If a hearing loss is established to have
existed on July 1, 1975 by audiometric testing the

HB0058 - 38 - LRB096 02946 WGH 12960 b
employer shall not be liable for the previous loss so
established nor shall he be liable for any loss for
which compensation has been paid or awarded.
(e) No consideration shall be given to the question
of whether or not the ability of an employee to
understand speech is improved by the use of a hearing
aid.
(f) No claim for loss of hearing due to industrial
noise shall be brought against an employer or allowed
unless the employee has been exposed for a period of
time sufficient to cause permanent impairment to noise
levels in excess of the following:
Sound Level DBA
Slow Response Hours Per Day
90 8
92 6
95 4
97 3
100 2
102 1-1/2
105 1
110 1/2
115 1/4
This subparagraph (f) shall not be applied in cases of
hearing loss resulting from trauma or explosion.
17. In computing the compensation to be paid to any

HB0058 - 39 - LRB096 02946 WGH 12960 b
employee who, before the accident for which he claims
compensation, had before that time sustained an injury
resulting in the loss by amputation or partial loss by
amputation of any member, including hand, arm, thumb or
fingers, leg, foot or any toes, such loss or partial loss
of any such member shall be deducted from any award made
for the subsequent injury. For the permanent loss of use or
the permanent partial loss of use of any such member or the
partial loss of sight of an eye, for which compensation has
been paid, then such loss shall be taken into consideration
and deducted from any award for the subsequent injury.
18. The specific case of loss of both hands, both arms,
or both feet, or both legs, or both eyes, or of any two
thereof, or the permanent and complete loss of the use
thereof, constitutes total and permanent disability, to be
compensated according to the compensation fixed by
paragraph (f) of this Section. These specific cases of
total and permanent disability do not exclude other cases.
Any employee who has previously suffered the loss or
permanent and complete loss of the use of any of such
members, and in a subsequent independent accident loses
another or suffers the permanent and complete loss of the
use of any one of such members the employer for whom the
injured employee is working at the time of the last
independent accident is liable to pay compensation only for
the loss or permanent and complete loss of the use of the

HB0058 - 40 - LRB096 02946 WGH 12960 b
member occasioned by the last independent accident.
19. In a case of specific loss and the subsequent death
of such injured employee from other causes than such injury
leaving a widow, widower, or dependents surviving before
payment or payment in full for such injury, then the amount
due for such injury is payable to the widow or widower and,
if there be no widow or widower, then to such dependents,
in the proportion which such dependency bears to total
dependency.
Beginning July 1, 1980, and every 6 months thereafter, the
Commission shall examine the Second Injury Fund and when, after
deducting all advances or loans made to such Fund, the amount
therein is $500,000 then the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Second Injury Fund reaches the
sum of $600,000 then the payments shall cease entirely.
However, when the Second Injury Fund has been reduced to
$400,000, payment of one-half of the amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided, and when the Second Injury Fund has been
reduced to $300,000, payment of the full amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided. The Commission shall make the changes in
payment effective by general order, and the changes in payment
become immediately effective for all cases coming before the
Commission thereafter either by settlement agreement or final

HB0058 - 41 - LRB096 02946 WGH 12960 b
order, irrespective of the date of the accidental injury.
On August 1, 1996 and on February 1 and August 1 of each
subsequent year, the Commission shall examine the special fund
designated as the "Rate Adjustment Fund" and when, after
deducting all advances or loans made to said fund, the amount
therein is $4,000,000, the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Rate Adjustment Fund reaches the
sum of $5,000,000 the payment therein shall cease entirely.
However, when said Rate Adjustment Fund has been reduced to
$3,000,000 the amounts required by paragraph (f) of Section 7
shall be resumed in the manner herein provided.
(f) In case of complete disability, which renders the
employee wholly and permanently incapable of work, or in the
specific case of total and permanent disability as provided in
subparagraph 18 of paragraph (e) of this Section, compensation
shall be payable at the rate provided in subparagraph 2 of
paragraph (b) of this Section for life.
An employee entitled to benefits under paragraph (f) of
this Section shall also be entitled to receive from the Rate
Adjustment Fund provided in paragraph (f) of Section 7 of the
supplementary benefits provided in paragraph (g) of this
Section 8.
If any employee who receives an award under this paragraph
afterwards returns to work or is able to do so, and earns or is
able to earn as much as before the accident, payments under

HB0058 - 42 - LRB096 02946 WGH 12960 b
such award shall cease. If such employee returns to work, or is
able to do so, and earns or is able to earn part but not as much
as before the accident, such award shall be modified so as to
conform to an award under paragraph (d) of this Section. If
such award is terminated or reduced under the provisions of
this paragraph, such employees have the right at any time
within 30 months after the date of such termination or
reduction to file petition with the Commission for the purpose
of determining whether any disability exists as a result of the
original accidental injury and the extent thereof.
Disability as enumerated in subdivision 18, paragraph (e)
of this Section is considered complete disability.
If an employee who had previously incurred loss or the
permanent and complete loss of use of one member, through the
loss or the permanent and complete loss of the use of one hand,
one arm, one foot, one leg, or one eye, incurs permanent and
complete disability through the loss or the permanent and
complete loss of the use of another member, he shall receive,
in addition to the compensation payable by the employer and
after such payments have ceased, an amount from the Second
Injury Fund provided for in paragraph (f) of Section 7, which,
together with the compensation payable from the employer in
whose employ he was when the last accidental injury was
incurred, will equal the amount payable for permanent and
complete disability as provided in this paragraph of this
Section.

HB0058 - 43 - LRB096 02946 WGH 12960 b
The custodian of the Second Injury Fund provided for in
paragraph (f) of Section 7 shall be joined with the employer as
a party respondent in the application for adjustment of claim.
The application for adjustment of claim shall state briefly and
in general terms the approximate time and place and manner of
the loss of the first member.
In its award the Commission or the Arbitrator shall
specifically find the amount the injured employee shall be
weekly paid, the number of weeks compensation which shall be
paid by the employer, the date upon which payments begin out of
the Second Injury Fund provided for in paragraph (f) of Section
7 of this Act, the length of time the weekly payments continue,
the date upon which the pension payments commence and the
monthly amount of the payments. The Commission shall 30 days
after the date upon which payments out of the Second Injury
Fund have begun as provided in the award, and every month
thereafter, prepare and submit to the State Comptroller a
voucher for payment for all compensation accrued to that date
at the rate fixed by the Commission. The State Comptroller
shall draw a warrant to the injured employee along with a
receipt to be executed by the injured employee and returned to
the Commission. The endorsed warrant and receipt is a full and
complete acquittance to the Commission for the payment out of
the Second Injury Fund. No other appropriation or warrant is
necessary for payment out of the Second Injury Fund. The Second
Injury Fund is appropriated for the purpose of making payments

HB0058 - 44 - LRB096 02946 WGH 12960 b
according to the terms of the awards.
As of July 1, 1980 to July 1, 1982, all claims against and
obligations of the Second Injury Fund shall become claims
against and obligations of the Rate Adjustment Fund to the
extent there is insufficient money in the Second Injury Fund to
pay such claims and obligations. In that case, all references
to "Second Injury Fund" in this Section shall also include the
Rate Adjustment Fund.
(g) Every award for permanent total disability entered by
the Commission on and after July 1, 1965 under which
compensation payments shall become due and payable after the
effective date of this amendatory Act, and every award for
death benefits or permanent total disability entered by the
Commission on and after the effective date of this amendatory
Act shall be subject to annual adjustments as to the amount of
the compensation rate therein provided. Such adjustments shall
first be made on July 15, 1977, and all awards made and entered
prior to July 1, 1975 and on July 15 of each year thereafter.
In all other cases such adjustment shall be made on July 15 of
the second year next following the date of the entry of the
award and shall further be made on July 15 annually thereafter.
If during the intervening period from the date of the entry of
the award, or the last periodic adjustment, there shall have
been an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the weekly
compensation rate shall be proportionately increased by the

HB0058 - 45 - LRB096 02946 WGH 12960 b
same percentage as the percentage of increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made.
Such increase shall be paid in the same manner as herein
provided for payments under the Second Injury Fund to the
injured employee, or his dependents, as the case may be, out of
the Rate Adjustment Fund provided in paragraph (f) of Section 7
of this Act. Payments shall be made at the same intervals as
provided in the award or, at the option of the Commission, may
be made in quarterly payment on the 15th day of January, April,
July and October of each year. In the event of a decrease in
such average weekly wage there shall be no change in the then
existing compensation rate. The within paragraph shall not
apply to cases where there is disputed liability and in which a
compromise lump sum settlement between the employer and the
injured employee, or his dependents, as the case may be, has
been duly approved by the Illinois Workers' Compensation
Commission.
Provided, that in cases of awards entered by the Commission
for injuries occurring before July 1, 1975, the increases in
the compensation rate adjusted under the foregoing provision of
this paragraph (g) shall be limited to increases in the State's
average weekly wage in covered industries under the

HB0058 - 46 - LRB096 02946 WGH 12960 b
Unemployment Insurance Act occurring after July 1, 1975.
For every accident occurring on or after July 20, 2005 but
before the effective date of this amendatory Act of the 94th
General Assembly (Senate Bill 1283 of the 94th General
Assembly), the annual adjustments to the compensation rate in
awards for death benefits or permanent total disability, as
provided in this Act, shall be paid by the employer. The
adjustment shall be made by the employer on July 15 of the
second year next following the date of the entry of the award
and shall further be made on July 15 annually thereafter. If
during the intervening period from the date of the entry of the
award, or the last periodic adjustment, there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the employer
shall increase the weekly compensation rate proportionately by
the same percentage as the percentage of increase in the
State's average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made. In
the event of a decrease in such average weekly wage there shall
be no change in the then existing compensation rate. Such
increase shall be paid by the employer in the same manner and
at the same intervals as the payment of compensation in the
award. This paragraph shall not apply to cases where there is

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disputed liability and in which a compromise lump sum
settlement between the employer and the injured employee, or
his or her dependents, as the case may be, has been duly
approved by the Illinois Workers' Compensation Commission.
The annual adjustments for every award of death benefits or
permanent total disability involving accidents occurring
before July 20, 2005 and accidents occurring on or after the
effective date of this amendatory Act of the 94th General
Assembly (Senate Bill 1283 of the 94th General Assembly) shall
continue to be paid from the Rate Adjustment Fund pursuant to
this paragraph and Section 7(f) of this Act.
(h) In case death occurs from any cause before the total
compensation to which the employee would have been entitled has
been paid, then in case the employee leaves any widow, widower,
child, parent (or any grandchild, grandparent or other lineal
heir or any collateral heir dependent at the time of the
accident upon the earnings of the employee to the extent of 50%
or more of total dependency) such compensation shall be paid to
the beneficiaries of the deceased employee and distributed as
provided in paragraph (g) of Section 7.
(h-1) In case an injured employee is under legal disability
at the time when any right or privilege accrues to him or her
under this Act, a guardian may be appointed pursuant to law,
and may, on behalf of such person under legal disability, claim
and exercise any such right or privilege with the same effect
as if the employee himself or herself had claimed or exercised

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the right or privilege. No limitations of time provided by this
Act run so long as the employee who is under legal disability
is without a conservator or guardian.
(i) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (b), (c), (d),
(e) and (f) of this Section is increased 50%.
However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law or work
permit issued pursuant to the Federal Fair Labor Standards Act,
as amended, or a birth certificate properly and duly issued,
such certificate, permit or birth certificate is conclusive
evidence as to the age of the injured minor employee for the
purposes of this Section.
Nothing herein contained repeals or amends the provisions
of the Child Labor Law relating to the employment of minors
under the age of 16 years.
(j) 1. In the event the injured employee receives benefits,
including medical, surgical or hospital benefits under any
group plan covering non-occupational disabilities contributed
to wholly or partially by the employer, which benefits should
not have been payable if any rights of recovery existed under
this Act, then such amounts so paid to the employee from any
such group plan as shall be consistent with, and limited to,
the provisions of paragraph 2 hereof, shall be credited to or
against any compensation payment for temporary total

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incapacity for work or any medical, surgical or hospital
benefits made or to be made under this Act. In such event, the
period of time for giving notice of accidental injury and
filing application for adjustment of claim does not commence to
run until the termination of such payments. This paragraph does
not apply to payments made under any group plan which would
have been payable irrespective of an accidental injury under
this Act. Any employer receiving such credit shall keep such
employee safe and harmless from any and all claims or
liabilities that may be made against him by reason of having
received such payments only to the extent of such credit.
Any excess benefits paid to or on behalf of a State
employee by the State Employees' Retirement System under
Article 14 of the Illinois Pension Code on a death claim or
disputed disability claim shall be credited against any
payments made or to be made by the State of Illinois to or on
behalf of such employee under this Act, except for payments for
medical expenses which have already been incurred at the time
of the award. The State of Illinois shall directly reimburse
the State Employees' Retirement System to the extent of such
credit.
2. Nothing contained in this Act shall be construed to give
the employer or the insurance carrier the right to credit for
any benefits or payments received by the employee other than
compensation payments provided by this Act, and where the
employee receives payments other than compensation payments,

HB0058 - 50 - LRB096 02946 WGH 12960 b
whether as full or partial salary, group insurance benefits,
bonuses, annuities or any other payments, the employer or
insurance carrier shall receive credit for each such payment
only to the extent of the compensation that would have been
payable during the period covered by such payment.
3. The extension of time for the filing of an Application
for Adjustment of Claim as provided in paragraph 1 above shall
not apply to those cases where the time for such filing had
expired prior to the date on which payments or benefits
enumerated herein have been initiated or resumed. Provided
however that this paragraph 3 shall apply only to cases wherein
the payments or benefits hereinabove enumerated shall be
received after July 1, 1969.
(k) For accidental injuries that occur on or after the
effective date of this amendatory Act of the 96th General
Assembly, permanent partial or total disability shall be
certified by a physician and demonstrated by use of medically
defined objective measurements that include, but are not
limited to: loss of range of motion; loss of strength; and
measured atrophy of tissue mass consistent with the injury. In
determining the impairment, subjective complaints shall not be
considered unless supported by and clearly related to objective
measurements. The then-current edition of the American Medical
Association's "Guides to the Evaluation of Permanent
Impairment" shall be applied in determining the level of
disability under this Act.

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(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
94-695, eff. 11-16-05.)
(820 ILCS 305/11) (from Ch. 48, par. 138.11)
Sec. 11. The compensation herein provided, together with
the provisions of this Act, shall be the measure of the
responsibility of any employer engaged in any of the
enterprises or businesses enumerated in Section 3 of this Act,
or of any employer who is not engaged in any such enterprises
or businesses, but who has elected to provide and pay
compensation for accidental injuries sustained by any employee
arising out of and in the course of the employment according to
the provisions of this Act, and whose election to continue
under this Act, has not been nullified by any action of his
employees as provided for in this Act.
Accidental injuries incurred while participating in
voluntary recreational programs including but not limited to
athletic events, parties and picnics do not arise out of and in
the course of the employment even though the employer pays some
or all of the cost thereof. This exclusion shall not apply in
the event that the injured employee was ordered or assigned by
his employer to participate in the program.
Accidental injuries incurred while participating as a
patient in a drug or alcohol rehabilitation program do not
arise out of and in the course of employment even though the
employer pays some or all of the costs thereof.

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Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by this amendatory Act of
the 93rd General Assembly is declarative of existing law and is
not a new enactment.
No compensation shall be payable if the injury was caused
primarily by the intoxication of the employee, or if the injury
was caused by the influence of alcohol or any narcotic drugs,
barbiturates, or other stimulants not prescribed by a
physician, or by the combined influence of alcohol and any
other drug or drugs that affected the employee to such an
extent that the Commission determines that the intoxication
constituted a departure from employment. Evidence of the
concentration of alcohol or a drug or combination thereof in a
person's blood or breath at the time alleged, as determined by
analysis of the person's blood, urine, breath, or other bodily
substance, shall be admissible in any hearing to determine
compensability. If the employee refuses to submit to such

HB0058 - 53 - LRB096 02946 WGH 12960 b
analysis, it shall be presumed, in the absence of substantial
evidence to the contrary, that the accident was caused by the
intoxication of the employee. If there was at the time of the
injury 0.08% or more by weight of alcohol in the employee's
blood or breath or there is any amount of a drug, substance or
compound in the person's breath, blood, or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds Act, it
shall be presumed, in the absence of substantial evidence to
the contrary, that the injury was caused by the intoxication of
the employee. Percentage by weight of alcohol in the blood
shall be based upon grams of alcohol per 100 milliliters of
blood. Percentage by weight of alcohol in the breath shall be
based upon grams of alcohol per 210 liters of breath.
(Source: P.A. 93-829, eff. 7-28-04.)
(820 ILCS 305/13) (from Ch. 48, par. 138.13)
Sec. 13. There is created an Illinois Workers' Compensation
Commission consisting of 10 members to be appointed by the
Governor, by and with the consent of the Senate, 3 of whom
shall be representative citizens of the employing class
operating under this Act and 3 of whom shall be representative
citizens of the class of employees covered under this Act, and
4 of whom shall be representative citizens not identified with

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either the employing or employee classes. Not more than 6
members of the Commission shall be of the same political party.
One of the members not identified with either the employing
or employee classes shall be designated by the Governor as
Chairman. The Chairman shall be the chief administrative and
executive officer of the Commission; and he or she shall have
general supervisory authority over all personnel of the
Commission, including arbitrators and Commissioners, and the
final authority in all administrative matters relating to the
Commissioners, including but not limited to the assignment and
distribution of cases and assignment of Commissioners to the
panels, except in the promulgation of procedural rules and
orders under Section 16 and in the determination of cases under
this Act.
Notwithstanding the general supervisory authority of the
Chairman, each Commissioner, except those assigned to the
temporary panel, shall have the authority to hire and supervise
2 staff attorneys each. Such staff attorneys shall report
directly to the individual Commissioner.
A formal training program for newly-appointed
Commissioners shall be implemented. The training program shall
include the following:
(a) substantive and procedural aspects of the office of
Commissioner;
(b) current issues in workers' compensation law and
practice;

HB0058 - 55 - LRB096 02946 WGH 12960 b
(c) medical lectures by specialists in areas such as
orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;
(d) orientation to each operational unit of the
Illinois Workers' Compensation Commission;
(e) observation of experienced arbitrators and
Commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(f) the use of hypothetical cases requiring the
newly-appointed Commissioner to issue judgments as a means
to evaluating knowledge and writing ability;
(g) writing skills.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep Commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence.
Through December 31, 2010, The Commissioner candidates,
other than the Chairman, must meet one of the following
qualifications: (a) licensed to practice law in the State of
Illinois; or (b) served as an arbitrator at the Illinois
Workers' Compensation Commission for at least 3 years; or (c)
has at least 4 years of professional labor relations
experience. The Chairman candidate must have public or private
sector management and budget experience, as determined by the

HB0058 - 56 - LRB096 02946 WGH 12960 b
Governor.
Beginning January 1, 2011 and thereafter, a Commissioner
candidate, other than the Chairman, must meet one of the
following qualifications: (1) he or she must be licensed to
practice law in the State of Illinois with 10 years of
experience in workers' compensation; (2) he or she must have
served as an arbitrator at the Illinois Workers' Compensation
Commission for at least 10 years; or (3) he or she must have at
least 10 years of professional labor relations experience that
includes workers' compensation responsibilities.
Each Commissioner shall devote full time to his duties and
any Commissioner who is an attorney-at-law shall not engage in
the practice of law, nor shall any Commissioner hold any other
office or position of profit under the United States or this
State or any municipal corporation or political subdivision of
this State, nor engage in any other business, employment, or
vocation.
Commissioners shall weigh the evidence impartially without
giving the benefit of the doubt to any party when weighing
evidence and resolving factual conflicts.
The term of office of each member of the Commission holding
office on the effective date of this amendatory Act of 1989 is
abolished, but the incumbents shall continue to exercise all of
the powers and be subject to all of the duties of Commissioners
until their respective successors are appointed and qualified.
The Illinois Workers' Compensation Commission shall

HB0058 - 57 - LRB096 02946 WGH 12960 b
administer this Act.
In the promulgation of procedural rules, the determination
of cases heard en banc, and other matters determined by the
full Commission, the Chairman's vote shall break a tie in the
event of a tie vote.
The members shall be appointed by the Governor, with the
advice and consent of the Senate, as follows:
(a) After the effective date of this amendatory Act of
1989, 3 members, at least one of each political party, and
one of whom shall be a representative citizen of the
employing class operating under this Act, one of whom shall
be a representative citizen of the class of employees
covered under this Act, and one of whom shall be a
representative citizen not identified with either the
employing or employee classes, shall be appointed to hold
office until the third Monday in January of 1993, and until
their successors are appointed and qualified, and 4
members, one of whom shall be a representative citizen of
the employing class operating under this Act, one of whom
shall be a representative citizen of the class of employees
covered in this Act, and two of whom shall be
representative citizens not identified with either the
employing or employee classes, one of whom shall be
designated by the Governor as Chairman (at least one of
each of the two major political parties) shall be appointed
to hold office until the third Monday of January in 1991,

HB0058 - 58 - LRB096 02946 WGH 12960 b
and until their successors are appointed and qualified.
(a-5) Notwithstanding any other provision of this
Section, the term of each member of the Commission who was
appointed by the Governor and is in office on June 30, 2003
shall terminate at the close of business on that date or
when all of the successor members to be appointed pursuant
to this amendatory Act of the 93rd General Assembly have
been appointed by the Governor, whichever occurs later. As
soon as possible, the Governor shall appoint persons to
fill the vacancies created by this amendatory Act. Of the
initial commissioners appointed pursuant to this
amendatory Act of the 93rd General Assembly, 3 shall be
appointed for terms ending on the third Monday in January,
2005, and 4 shall be appointed for terms ending on the
third Monday in January, 2007.
(a-10) After the effective date of this amendatory Act
of the 94th General Assembly, the Commission shall be
increased to 10 members. As soon as possible after the
effective date of this amendatory Act of the 94th General
Assembly, the Governor shall appoint, by and with the
consent of the Senate, the 3 members added to the
Commission under this amendatory Act of the 94th General
Assembly, one of whom shall be a representative citizen of
the employing class operating under this Act, one of whom
shall be a representative of the class of employees covered
under this Act, and one of whom shall be a representative

HB0058 - 59 - LRB096 02946 WGH 12960 b
citizen not identified with either the employing or
employee classes. Of the members appointed under this
amendatory Act of the 94th General Assembly, one shall be
appointed for a term ending on the third Monday in January,
2007, and 2 shall be appointed for terms ending on the
third Monday in January, 2009, and until their successors
are appointed and qualified.
(b) Members shall thereafter be appointed to hold
office for terms of 4 years from the third Monday in
January of the year of their appointment, and until their
successors are appointed and qualified. All such
appointments shall be made so that the composition of the
Commission is in accordance with the provisions of the
first paragraph of this Section.
The Chairman shall receive an annual salary of $42,500, or
a salary set by the Compensation Review Board, whichever is
greater, and each other member shall receive an annual salary
of $38,000, or a salary set by the Compensation Review Board,
whichever is greater.
In case of a vacancy in the office of a Commissioner during
the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall
nominate some person to fill such office. Any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his successor is
appointed and qualified.

HB0058 - 60 - LRB096 02946 WGH 12960 b
The Illinois Workers' Compensation Commission created by
this amendatory Act of 1989 shall succeed to all the rights,
powers, duties, obligations, records and other property and
employees of the Industrial Commission which it replaces as
modified by this amendatory Act of 1989 and all applications
and reports to actions and proceedings of such prior Industrial
Commission shall be considered as applications and reports to
actions and proceedings of the Illinois Workers' Compensation
Commission created by this amendatory Act of 1989.
Notwithstanding any other provision of this Act, in the
event the Chairman shall make a finding that a member is or
will be unavailable to fulfill the responsibilities of his or
her office, the Chairman shall advise the Governor and the
member in writing and shall designate a certified arbitrator to
serve as acting Commissioner. The certified arbitrator shall
act as a Commissioner until the member resumes the duties of
his or her office or until a new member is appointed by the
Governor, by and with the consent of the Senate, if a vacancy
occurs in the office of the Commissioner, but in no event shall
a certified arbitrator serve in the capacity of Commissioner
for more than 6 months from the date of appointment by the
Chairman. A finding by the Chairman that a member is or will be
unavailable to fulfill the responsibilities of his or her
office shall be based upon notice to the Chairman by a member
that he or she will be unavailable or facts and circumstances
made known to the Chairman which lead him to reasonably find

HB0058 - 61 - LRB096 02946 WGH 12960 b
that a member is unavailable to fulfill the responsibilities of
his or her office. The designation of a certified arbitrator to
act as a Commissioner shall be considered representative of
citizens not identified with either the employing or employee
classes and the arbitrator shall serve regardless of his or her
political affiliation. A certified arbitrator who serves as an
acting Commissioner shall have all the rights and powers of a
Commissioner, including salary.
Notwithstanding any other provision of this Act, the
Governor shall appoint a special panel of Commissioners
comprised of 3 members who shall be chosen by the Governor, by
and with the consent of the Senate, from among the current
ranks of certified arbitrators. Three members shall hold office
until the Commission in consultation with the Governor
determines that the caseload on review has been reduced
sufficiently to allow cases to proceed in a timely manner or
for a term of 18 months from the effective date of their
appointment by the Governor, whichever shall be earlier. The 3
members shall be considered representative of citizens not
identified with either the employing or employee classes and
shall serve regardless of political affiliation. Each of the 3
members shall have only such rights and powers of a
Commissioner necessary to dispose of those cases assigned to
the special panel. Each of the 3 members appointed to the
special panel shall receive the same salary as other
Commissioners for the duration of the panel.

HB0058 - 62 - LRB096 02946 WGH 12960 b
The Commission may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the
Executive Director shall be fixed by the Commission.
On the effective date of this amendatory Act of the 93rd
General Assembly, the name of the Industrial Commission is
changed to the Illinois Workers' Compensation Commission.
References in any law, appropriation, rule, form, or other
document: (i) to the Industrial Commission are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission for all purposes; (ii) to the
Industrial Commission Operations Fund are deemed, in
appropriate contexts, to be references to the Illinois Workers'
Compensation Commission Operations Fund for all purposes;
(iii) to the Industrial Commission Operations Fund Fee are
deemed, in appropriate contexts, to be references to the
Illinois Workers' Compensation Commission Operations Fund Fee
for all purposes; and (iv) to the Industrial Commission
Operations Fund Surcharge are deemed, in appropriate contexts,
to be references to the Illinois Workers' Compensation
Commission Operations Fund Surcharge for all purposes.
(Source: P.A. 93-509, eff. 8-11-03; 93-721, eff. 1-1-05;
94-277, eff. 7-20-05.)
(820 ILCS 305/13.1) (from Ch. 48, par. 138.13-1)
Sec. 13.1. (a) There is created a Workers' Compensation

HB0058 - 63 - LRB096 02946 WGH 12960 b
Advisory Board hereinafter referred to as the Advisory Board.
After the effective date of this amendatory Act of the 94th
General Assembly, the Advisory Board shall consist of 12
members appointed by the Governor with the advice and consent
of the Senate. Six members of the Advisory Board shall be
representative citizens chosen from the employee class, and 6
members shall be representative citizens chosen from the
employing class. The Chairman of the Commission shall serve as
the ex officio Chairman of the Advisory Board. After the
effective date of this amendatory Act of the 94th General
Assembly, each member of the Advisory Board shall serve a term
ending on the third Monday in January 2007 and shall continue
to serve until his or her successor is appointed and qualified.
Members of the Advisory Board shall thereafter be appointed for
4 year terms from the third Monday in January of the year of
their appointment, and until their successors are appointed and
qualified. Seven members of the Advisory Board shall constitute
a quorum to do business, but in no case shall there be less
than one representative from each class. A vacancy on the
Advisory Board shall be filled by the Governor for the
unexpired term.
(b) Members of the Advisory Board shall receive no
compensation for their services but shall be reimbursed for
expenses incurred in the performance of their duties by the
Commission from appropriations made to the Commission for such
purpose.

HB0058 - 64 - LRB096 02946 WGH 12960 b
(c) The Advisory Board shall aid the Commission in
formulating policies, discussing problems, setting priorities
of expenditures, reviewing advisory rates filed by an advisory
organization as defined in Section 463 of the Illinois
Insurance Code, making appointment of arbitrators and
establishing short and long range administrative goals. Prior
to making appointments to the Commission, the Governor shall
request that the Advisory Board make recommendations as to
candidates to consider for appointment and the Advisory Board
may then make such recommendations. Prior to the reappointment
of any arbitrator on or after the effective date of this
amendatory Act of the 96th General Assembly, the Chairman shall
perform a performance audit of the arbitrator and shall submit
the performance audit report to the Advisory Board. Prior to
appointment or reappointment of arbitrators on or after the
effective date of this amendatory Act of the 96th General
Assembly, the Chairman shall request that the Advisory Board
make recommendations as to candidates to consider for
appointment and the Advisory Board may then make such
recommendations. A recommendation by the Advisory Board of
appointment or reappointment of any arbitrator shall be by a
vote of a majority of the members appointed to the Advisory
Board. This amendatory Act of the 96th General Assembly shall
be consistent with the appointment of arbitrators as provided
in Section 14 of this Act.
(Source: P.A. 94-277, eff. 7-20-05; 94-695, eff. 11-16-05.)

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(820 ILCS 305/14) (from Ch. 48, par. 138.14)
Sec. 14. The Commission shall appoint a secretary, an
assistant secretary, and arbitrators and shall employ such
assistants and clerical help as may be necessary.
Each arbitrator appointed after November 22, 1977 shall be
required to demonstrate in writing and in accordance with the
rules and regulations of the Illinois Department of Central
Management Services his or her knowledge of and expertise in
the law of and judicial processes of the Workers' Compensation
Act and the Occupational Diseases Act.
Each arbitrator appointed on or after the effective date of
this amendatory Act of the 96th General Assembly must meet one
of the following qualifications: (1) he or she must be licensed
to practice law in the State of Illinois with 10 years of
experience in workers' compensation; or (2) he or she must have
at least 10 years of professional labor relations experience
that includes workers' compensation responsibilities.
Arbitrators shall weigh the evidence impartially without
giving the benefit of the doubt to any party when weighing
evidence and resolving factual conflicts.
A formal training program for newly-hired arbitrators
shall be implemented. The training program shall include the
following:
(a) substantive and procedural aspects of the
arbitrator position;

HB0058 - 66 - LRB096 02946 WGH 12960 b
(b) current issues in workers' compensation law and
practice;
(c) medical lectures by specialists in areas such as
orthopedics, ophthalmology, psychiatry, rehabilitation
counseling;
(d) orientation to each operational unit of the
Illinois Workers' Compensation Commission;
(e) observation of experienced arbitrators conducting
hearings of cases, combined with the opportunity to discuss
evidence presented and rulings made;
(f) the use of hypothetical cases requiring the trainee
to issue judgments as a means to evaluating knowledge and
writing ability;
(g) writing skills.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep arbitrators informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence.
Each arbitrator shall devote full time to his or her duties
and shall serve when assigned as an acting Commissioner when a
Commissioner is unavailable in accordance with the provisions
of Section 13 of this Act. Any arbitrator who is an
attorney-at-law shall not engage in the practice of law, nor
shall any arbitrator hold any other office or position of
profit under the United States or this State or any municipal

HB0058 - 67 - LRB096 02946 WGH 12960 b
corporation or political subdivision of this State.
Notwithstanding any other provision of this Act to the
contrary, an arbitrator who serves as an acting Commissioner in
accordance with the provisions of Section 13 of this Act shall
continue to serve in the capacity of Commissioner until a
decision is reached in every case heard by that arbitrator
while serving as an acting Commissioner.
Each arbitrator appointed after the effective date of this
amendatory Act of 1989 shall be appointed for a term of 6
years. Each arbitrator shall be appointed for a subsequent term
unless the Chairman makes a recommendation to the Commission,
no later than 60 days prior to the expiration of the term, not
to reappoint the arbitrator. Notice of such a recommendation
shall also be given to the arbitrator no later than 60 days
prior to the expiration of the term. Upon such recommendation
by the Chairman, the arbitrator shall be appointed for a
subsequent term unless 8 of 10 members of the Commission,
including the Chairman, vote not to reappoint the arbitrator.
All arbitrators shall be subject to the provisions of the
Personnel Code, and the performance of all arbitrators shall be
reviewed by the Chairman on an annual basis. The Chairman shall
allow input from the Commissioners in all such reviews.
The Secretary and each arbitrator shall receive a per annum
salary of $4,000 less than the per annum salary of members of
The Illinois Workers' Compensation Commission as provided in
Section 13 of this Act, payable in equal monthly installments.

HB0058 - 68 - LRB096 02946 WGH 12960 b
The members of the Commission, Arbitrators and other
employees whose duties require them to travel, shall have
reimbursed to them their actual traveling expenses and
disbursements made or incurred by them in the discharge of
their official duties while away from their place of residence
in the performance of their duties.
The Commission shall provide itself with a seal for the
authentication of its orders, awards and proceedings upon which
shall be inscribed the name of the Commission and the words
"Illinois--Seal".
The Secretary or Assistant Secretary, under the direction
of the Commission, shall have charge and custody of the seal of
the Commission and also have charge and custody of all records,
files, orders, proceedings, decisions, awards and other
documents on file with the Commission. He shall furnish
certified copies, under the seal of the Commission, of any such
records, files, orders, proceedings, decisions, awards and
other documents on file with the Commission as may be required.
Certified copies so furnished by the Secretary or Assistant
Secretary shall be received in evidence before the Commission
or any Arbitrator thereof, and in all courts, provided that the
original of such certified copy is otherwise competent and
admissible in evidence. The Secretary or Assistant Secretary
shall perform such other duties as may be prescribed from time
to time by the Commission.
(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)

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(820 ILCS 305/23.1 new)
Sec. 23.1. Collective bargaining agreements. Any employer
or group of employers, and the recognized or certified and
exclusive representative of its employees, may agree to
establish certain binding obligations and procedures relating
to workers' compensation. This agreement must be limited to the
following, but need not include all of the following:
(1) An alternative dispute resolution system to
supplement, modify, or replace the procedural or dispute
resolution provisions of this Act. The system may include
mediation, arbitration, or other dispute resolution
proceedings, the results of which may be final and binding
upon the parties.
(2) A list of providers of medical treatment that may
be the exclusive source of all medical and related
treatment provided under this Act.
(3) A list of providers which may be the exclusive
source of impartial medical (physical or mental)
examinations under this Act.
(4) The creation of a transitional or modified return
to work program.
(5) A list of individuals and companies for the
provision of vocational rehabilitation or retraining
programs.
(6) The establishment of safety committees and safety

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procedures.
(7) The adoption of a 24-hour health care coverage
plan.
(b) A copy of the agreement identifying the employer or the
group of employers and the local union, district, or council
shall be filed with the Illinois Workers' Compensation
Commission. Upon filing, the agreement shall be valid and
binding.
(c) Nothing in this Section shall allow any agreement that
diminishes an employee's entitlement to benefits as otherwise
set forth in this Act. For the purposes of this Section, the
procedural rights and dispute resolution agreements under
paragraphs (1) through (7) of subsection (a) are not agreements
that diminish an employee's entitlement to benefits. Any
agreement that diminishes the employee's entitlement to
benefits as set forth in this Act is null and void.
(d) If the employer is insured under this Act, it shall, in
the manner provided in the insurance contract, provide notice
to its insurance carrier of its intent to enter into an
agreement as provided in this Section with its employees.
(820 ILCS 305/31 new)
Sec. 31. Construction of Act. Arbitrators, Commissioners,
and any reviewing courts shall construe the provisions of this
Act strictly.

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Section 10. The Workers' Occupational Diseases Act is
amended by adding Section 28 as follows:
(820 ILCS 310/28 new)
Sec. 28. Construction of Act. Arbitrators, Commissioners,
and any reviewing courts shall construe the provisions of this
Act strictly.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB0058 - 72 - LRB096 02946 WGH 12960 b
INDEX
Statutes amended in order of appearance
820 ILCS 305/1 from Ch. 48, par. 138.1
820 ILCS 305/6 from Ch. 48, par. 138.6
820 ILCS 305/8 from Ch. 48, par. 138.8
820 ILCS 305/11 from Ch. 48, par. 138.11
820 ILCS 305/13 from Ch. 48, par. 138.13
820 ILCS 305/13.1 from Ch. 48, par. 138.13-1
820 ILCS 305/14 from Ch. 48, par. 138.14
820 ILCS 305/23.1 new
820 ILCS 305/31 new
820 ILCS 310/28 new