Bill Text: IL HB1065 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. Provides that the rebuttable presumption concerning specified conditions or impairments of health of an employee employed as a firefighter, emergency medical technician, emergency medical technician-intermediate, advanced emergency medical technician, or paramedic is intended to shift the burden of proof to the employing entity and any party attacking the presumption must establish by clear and convincing evidence an independent and non-work related cause for the condition or disability and prove that no aspect of the employment contributed to the condition. Provides that the rebuttable presumption relating to hearing loss cannot be overcome with evidence allegedly showing that the injured employee did not meet specified exposure thresholds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1065 Detail]

Download: Illinois-2023-HB1065-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1065 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
820 ILCS 305/6 from Ch. 48, par. 138.6
Amends the Workers' Compensation Act. Provides that the rebuttable presumption concerning specified conditions or impairments of health of an employee employed as a firefighter, emergency medical technician, emergency medical technician-intermediate, advanced emergency medical technician, or paramedic is intended to shift the burden of proof to the employing entity and any party attacking the presumption must establish by clear and convincing evidence an independent and non-work related cause for the condition or disability and prove that no aspect of the employment contributed to the condition. Provides that the rebuttable presumption relating to hearing loss cannot be overcome with evidence allegedly showing that the injured employee did not meet specified exposure thresholds.
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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 Section 6 as follows:
(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

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notice shall promptly be corrected accordingly. In the event
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

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direct cause of the injury and the nature of the accident, the
character of 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 Safety Inspection and Education Act, the
Health and Safety Act, and the Occupational Safety and Health
Act. 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 person or person with a disability.
(c) Notice of the accident shall be given to the employer
as soon as practicable, but not later than 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 dose of radiation.
No defect or inaccuracy of such notice shall be a bar to

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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.
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
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.

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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
employed as a firefighter, emergency medical technician (EMT),
emergency medical technician-intermediate (EMT-I), advanced
emergency medical technician (A-EMT), or paramedic which
results directly or indirectly from any bloodborne pathogen,
contagious staph infection, including Methicillin-resistant

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Staphylococcus aureus (MRSA), 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, EMT-I, A-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 rebuttable
presumption established under this subsection is intended to
be a strong presumption supported by compelling policy
considerations to compensate the victims and their families
who succumb to the conditions described in this subsection.
This presumption is intended to shift the burden of proof to
the employing entity and any party attacking the presumption
must establish by clear and convincing evidence an independent
and non-work related cause for the condition or disability
listed in this subsection and prove that no aspect of the
employment contributed to the condition. The rebuttable

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presumption relating to hearing loss cannot be overcome with
evidence allegedly showing that the injured employee did not
meet the exposure thresholds listed in subsections (e) and (f)
of Section 8. The rebuttable presumption established under
this subsection, however, does not apply to an emergency
medical technician (EMT), emergency medical
technician-intermediate (EMT-I), advanced emergency medical
technician (A-EMT), or paramedic employed by a private
employer if the employee spends the preponderance of his or
her work time for that employer engaged in medical transfers
between medical care facilities or non-emergency medical
transfers to or from medical care facilities. The changes made
to this subsection by Public Act 98-291 shall be narrowly
construed. 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. 102-493, eff. 8-20-21.)