Bill Text: IL HB0108 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Workers' Compensation Act. Provides that in making a determination of partial disability, the Commission shall base its determination upon, among other things, objective findings in medical records. Removes a provision that no single factor shall be the sole determinant of disability.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0108 Detail]

Download: Illinois-2013-HB0108-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB0108 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
820 ILCS 305/8.1b
Amends the Workers' Compensation Act. Provides that in making a determination of partial disability, the Commission shall base its determination upon, among other things, objective findings in medical records. Removes a provision that no single factor shall be the sole determinant of disability.
LRB098 02996 KTG 33011 b
A BILL FOR
HB0108 LRB098 02996 KTG 33011 b
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 Section 8.1b as follows:
(820 ILCS 305/8.1b)
Sec. 8.1b. Determination of permanent partial disability.
For accidental injuries that occur on or after September 1,
2011, permanent partial disability shall be established using
the following criteria:
(a) A physician licensed to practice medicine in all of its
branches preparing a permanent partial disability impairment
report shall report the level of impairment in writing. The
report shall include an evaluation of medically defined and
professionally appropriate measurements of impairment that
include, but are not limited to: loss of range of motion; loss
of strength; measured atrophy of tissue mass consistent with
the injury; and any other measurements that establish the
nature and extent of the impairment. The most current edition
of the American Medical Association's "Guides to the Evaluation
of Permanent Impairment" shall be used by the physician in
determining the level of impairment.
(b) In determining the level of permanent partial

HB0108 - 2 - LRB098 02996 KTG 33011 b
disability, the Commission shall base its determination on the
following factors: (i) the reported level of impairment
pursuant to subsection (a); (ii) the occupation of the injured
employee; (iii) the age of the employee at the time of the
injury; (iv) the employee's future earning capacity; and (v)
evidence of disability corroborated by objective findings in
the treating medical records. No single enumerated factor shall
be the sole determinant of disability. In determining the level
of disability, the relevance and weight of any factors used in
addition to the level of impairment as reported by the
physician must be explained in a written order.
(Source: P.A. 97-18, eff. 6-28-11.)