Bill Text: IL HB2585 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2019-05-02 - Added Co-Sponsor Rep. Chris Miller [HB2585 Detail]

Download: Illinois-2019-HB2585-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2585

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
820 ILCS 305/19 from Ch. 48, par. 138.19

Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.
LRB101 08356 JLS 53425 b

A BILL FOR

HB2585LRB101 08356 JLS 53425 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Workers' Compensation Act is amended by
5changing Section 19 as follows:
6 (820 ILCS 305/19) (from Ch. 48, par. 138.19)
7 Sec. 19. Any disputed questions of law or fact shall be
8determined as herein provided.
9 (a) It shall be the duty of the Commission upon
10notification that the parties have failed to reach an
11agreement, to designate an Arbitrator.
12 1. Whenever any claimant misconceives his remedy and
13 files an application for adjustment of claim under this Act
14 and it is subsequently discovered, at any time before final
15 disposition of such cause, that the claim for disability or
16 death which was the basis for such application should
17 properly have been made under the Workers' Occupational
18 Diseases Act, then the provisions of Section 19, paragraph
19 (a-1) of the Workers' Occupational Diseases Act having
20 reference to such application shall apply.
21 2. Whenever any claimant misconceives his remedy and
22 files an application for adjustment of claim under the
23 Workers' Occupational Diseases Act and it is subsequently

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1 discovered, at any time before final disposition of such
2 cause that the claim for injury or death which was the
3 basis for such application should properly have been made
4 under this Act, then the application so filed under the
5 Workers' Occupational Diseases Act may be amended in form,
6 substance or both to assert claim for such disability or
7 death under this Act and it shall be deemed to have been so
8 filed as amended on the date of the original filing
9 thereof, and such compensation may be awarded as is
10 warranted by the whole evidence pursuant to this Act. When
11 such amendment is submitted, further or additional
12 evidence may be heard by the Arbitrator or Commission when
13 deemed necessary. Nothing in this Section contained shall
14 be construed to be or permit a waiver of any provisions of
15 this Act with reference to notice but notice if given shall
16 be deemed to be a notice under the provisions of this Act
17 if given within the time required herein.
18 (b) The Arbitrator shall make such inquiries and
19investigations as he or they shall deem necessary and may
20examine and inspect all books, papers, records, places, or
21premises relating to the questions in dispute and hear such
22proper evidence as the parties may submit.
23 The hearings before the Arbitrator shall be held in the
24vicinity where the injury occurred after 10 days' notice of the
25time and place of such hearing shall have been given to each of
26the parties or their attorneys of record.

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1 The Arbitrator may find that the disabling condition is
2temporary and has not yet reached a permanent condition and may
3order the payment of compensation up to the date of the
4hearing, which award shall be reviewable and enforceable in the
5same manner as other awards, and in no instance be a bar to a
6further hearing and determination of a further amount of
7temporary total compensation or of compensation for permanent
8disability, but shall be conclusive as to all other questions
9except the nature and extent of said disability.
10 The decision of the Arbitrator shall be filed with the
11Commission which Commission shall immediately send to each
12party or his attorney a copy of such decision, together with a
13notification of the time when it was filed. As of the effective
14date of this amendatory Act of the 94th General Assembly, all
15decisions of the Arbitrator shall set forth in writing findings
16of fact and conclusions of law, separately stated, if requested
17by either party. Unless a petition for review is filed by
18either party within 30 days after the receipt by such party of
19the copy of the decision and notification of time when filed,
20and unless such party petitioning for a review shall within 35
21days after the receipt by him of the copy of the decision, file
22with the Commission either an agreed statement of the facts
23appearing upon the hearing before the Arbitrator, or if such
24party shall so elect a correct transcript of evidence of the
25proceedings at such hearings, then the decision shall become
26the decision of the Commission and in the absence of fraud

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1shall be conclusive. The Petition for Review shall contain a
2statement of the petitioning party's specific exceptions to the
3decision of the arbitrator. The jurisdiction of the Commission
4to review the decision of the arbitrator shall not be limited
5to the exceptions stated in the Petition for Review. The
6Commission, or any member thereof, may grant further time not
7exceeding 30 days, in which to file such agreed statement or
8transcript of evidence. Such agreed statement of facts or
9correct transcript of evidence, as the case may be, shall be
10authenticated by the signatures of the parties or their
11attorneys, and in the event they do not agree as to the
12correctness of the transcript of evidence it shall be
13authenticated by the signature of the Arbitrator designated by
14the Commission.
15 Whether the employee is working or not, if the employee is
16not receiving or has not received medical, surgical, or
17hospital services or other services or compensation as provided
18in paragraph (a) of Section 8, or compensation as provided in
19paragraph (b) of Section 8, the employee may at any time
20petition for an expedited hearing by an Arbitrator on the issue
21of whether or not he or she is entitled to receive payment of
22the services or compensation. Provided the employer continues
23to pay compensation pursuant to paragraph (b) of Section 8, the
24employer may at any time petition for an expedited hearing on
25the issue of whether or not the employee is entitled to receive
26medical, surgical, or hospital services or other services or

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1compensation as provided in paragraph (a) of Section 8, or
2compensation as provided in paragraph (b) of Section 8. When an
3employer has petitioned for an expedited hearing, the employer
4shall continue to pay compensation as provided in paragraph (b)
5of Section 8 unless the arbitrator renders a decision that the
6employee is not entitled to the benefits that are the subject
7of the expedited hearing or unless the employee's treating
8physician has released the employee to return to work at his or
9her regular job with the employer or the employee actually
10returns to work at any other job. If the arbitrator renders a
11decision that the employee is not entitled to the benefits that
12are the subject of the expedited hearing, a petition for review
13filed by the employee shall receive the same priority as if the
14employee had filed a petition for an expedited hearing by an
15Arbitrator. Neither party shall be entitled to an expedited
16hearing when the employee has returned to work and the sole
17issue in dispute amounts to less than 12 weeks of unpaid
18compensation pursuant to paragraph (b) of Section 8.
19 Expedited hearings shall have priority over all other
20petitions and shall be heard by the Arbitrator and Commission
21with all convenient speed. Any party requesting an expedited
22hearing shall give notice of a request for an expedited hearing
23under this paragraph. A copy of the Application for Adjustment
24of Claim shall be attached to the notice. The Commission shall
25adopt rules and procedures under which the final decision of
26the Commission under this paragraph is filed not later than 180

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1days from the date that the Petition for Review is filed with
2the Commission.
3 Where 2 or more insurance carriers, private self-insureds,
4or a group workers' compensation pool under Article V 3/4 of
5the Illinois Insurance Code dispute coverage for the same
6injury, any such insurance carrier, private self-insured, or
7group workers' compensation pool may request an expedited
8hearing pursuant to this paragraph to determine the issue of
9coverage, provided coverage is the only issue in dispute and
10all other issues are stipulated and agreed to and further
11provided that all compensation benefits including medical
12benefits pursuant to Section 8(a) continue to be paid to or on
13behalf of petitioner. Any insurance carrier, private
14self-insured, or group workers' compensation pool that is
15determined to be liable for coverage for the injury in issue
16shall reimburse any insurance carrier, private self-insured,
17or group workers' compensation pool that has paid benefits to
18or on behalf of petitioner for the injury.
19 (b-1) If the employee is not receiving medical, surgical or
20hospital services as provided in paragraph (a) of Section 8 or
21compensation as provided in paragraph (b) of Section 8, the
22employee, in accordance with Commission Rules, may file a
23petition for an emergency hearing by an Arbitrator on the issue
24of whether or not he is entitled to receive payment of such
25compensation or services as provided therein. Such petition
26shall have priority over all other petitions and shall be heard

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1by the Arbitrator and Commission with all convenient speed.
2 Such petition shall contain the following information and
3shall be served on the employer at least 15 days before it is
4filed:
5 (i) the date and approximate time of accident;
6 (ii) the approximate location of the accident;
7 (iii) a description of the accident;
8 (iv) the nature of the injury incurred by the employee;
9 (v) the identity of the person, if known, to whom the
10 accident was reported and the date on which it was
11 reported;
12 (vi) the name and title of the person, if known,
13 representing the employer with whom the employee conferred
14 in any effort to obtain compensation pursuant to paragraph
15 (b) of Section 8 of this Act or medical, surgical or
16 hospital services pursuant to paragraph (a) of Section 8 of
17 this Act and the date of such conference;
18 (vii) a statement that the employer has refused to pay
19 compensation pursuant to paragraph (b) of Section 8 of this
20 Act or for medical, surgical or hospital services pursuant
21 to paragraph (a) of Section 8 of this Act;
22 (viii) the name and address, if known, of each witness
23 to the accident and of each other person upon whom the
24 employee will rely to support his allegations;
25 (ix) the dates of treatment related to the accident by
26 medical practitioners, and the names and addresses of such

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1 practitioners, including the dates of treatment related to
2 the accident at any hospitals and the names and addresses
3 of such hospitals, and a signed authorization permitting
4 the employer to examine all medical records of all
5 practitioners and hospitals named pursuant to this
6 paragraph;
7 (x) a copy of a signed report by a medical
8 practitioner, relating to the employee's current inability
9 to return to work because of the injuries incurred as a
10 result of the accident or such other documents or
11 affidavits which show that the employee is entitled to
12 receive compensation pursuant to paragraph (b) of Section 8
13 of this Act or medical, surgical or hospital services
14 pursuant to paragraph (a) of Section 8 of this Act. Such
15 reports, documents or affidavits shall state, if possible,
16 the history of the accident given by the employee, and
17 describe the injury and medical diagnosis, the medical
18 services for such injury which the employee has received
19 and is receiving, the physical activities which the
20 employee cannot currently perform as a result of any
21 impairment or disability due to such injury, and the
22 prognosis for recovery;
23 (xi) complete copies of any reports, records,
24 documents and affidavits in the possession of the employee
25 on which the employee will rely to support his allegations,
26 provided that the employer shall pay the reasonable cost of

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1 reproduction thereof;
2 (xii) a list of any reports, records, documents and
3 affidavits which the employee has demanded by subpoena and
4 on which he intends to rely to support his allegations;
5 (xiii) a certification signed by the employee or his
6 representative that the employer has received the petition
7 with the required information 15 days before filing.
8 Fifteen days after receipt by the employer of the petition
9with the required information the employee may file said
10petition and required information and shall serve notice of the
11filing upon the employer. The employer may file a motion
12addressed to the sufficiency of the petition. If an objection
13has been filed to the sufficiency of the petition, the
14arbitrator shall rule on the objection within 2 working days.
15If such an objection is filed, the time for filing the final
16decision of the Commission as provided in this paragraph shall
17be tolled until the arbitrator has determined that the petition
18is sufficient.
19 The employer shall, within 15 days after receipt of the
20notice that such petition is filed, file with the Commission
21and serve on the employee or his representative a written
22response to each claim set forth in the petition, including the
23legal and factual basis for each disputed allegation and the
24following information: (i) complete copies of any reports,
25records, documents and affidavits in the possession of the
26employer on which the employer intends to rely in support of

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1his response, (ii) a list of any reports, records, documents
2and affidavits which the employer has demanded by subpoena and
3on which the employer intends to rely in support of his
4response, (iii) the name and address of each witness on whom
5the employer will rely to support his response, and (iv) the
6names and addresses of any medical practitioners selected by
7the employer pursuant to Section 12 of this Act and the time
8and place of any examination scheduled to be made pursuant to
9such Section.
10 Any employer who does not timely file and serve a written
11response without good cause may not introduce any evidence to
12dispute any claim of the employee but may cross examine the
13employee or any witness brought by the employee and otherwise
14be heard.
15 No document or other evidence not previously identified by
16either party with the petition or written response, or by any
17other means before the hearing, may be introduced into evidence
18without good cause. If, at the hearing, material information is
19discovered which was not previously disclosed, the Arbitrator
20may extend the time for closing proof on the motion of a party
21for a reasonable period of time which may be more than 30 days.
22No evidence may be introduced pursuant to this paragraph as to
23permanent disability. No award may be entered for permanent
24disability pursuant to this paragraph. Either party may
25introduce into evidence the testimony taken by deposition of
26any medical practitioner.

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1 The Commission shall adopt rules, regulations and
2procedures whereby the final decision of the Commission is
3filed not later than 90 days from the date the petition for
4review is filed but in no event later than 180 days from the
5date the petition for an emergency hearing is filed with the
6Illinois Workers' Compensation Commission.
7 All service required pursuant to this paragraph (b-1) must
8be by personal service or by certified mail and with evidence
9of receipt. In addition for the purposes of this paragraph, all
10service on the employer must be at the premises where the
11accident occurred if the premises are owned or operated by the
12employer. Otherwise service must be at the employee's principal
13place of employment by the employer. If service on the employer
14is not possible at either of the above, then service shall be
15at the employer's principal place of business. After initial
16service in each case, service shall be made on the employer's
17attorney or designated representative.
18 (c)(1) At a reasonable time in advance of and in connection
19with the hearing under Section 19(e) or 19(h), the Commission
20may on its own motion order an impartial physical or mental
21examination of a petitioner whose mental or physical condition
22is in issue, when in the Commission's discretion it appears
23that such an examination will materially aid in the just
24determination of the case. The examination shall be made by a
25member or members of a panel of physicians chosen for their
26special qualifications by the Illinois State Medical Society.

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1The Commission shall establish procedures by which a physician
2shall be selected from such list.
3 (2) Should the Commission at any time during the hearing
4find that compelling considerations make it advisable to have
5an examination and report at that time, the commission may in
6its discretion so order.
7 (3) A copy of the report of examination shall be given to
8the Commission and to the attorneys for the parties.
9 (4) Either party or the Commission may call the examining
10physician or physicians to testify. Any physician so called
11shall be subject to cross-examination.
12 (5) The examination shall be made, and the physician or
13physicians, if called, shall testify, without cost to the
14parties. The Commission shall determine the compensation and
15the pay of the physician or physicians. The compensation for
16this service shall not exceed the usual and customary amount
17for such service.
18 (6) The fees and payment thereof of all attorneys and
19physicians for services authorized by the Commission under this
20Act shall, upon request of either the employer or the employee
21or the beneficiary affected, be subject to the review and
22decision of the Commission.
23 (d) If any employee shall persist in insanitary or
24injurious practices which tend to either imperil or retard his
25recovery or shall refuse to submit to such medical, surgical,
26or hospital treatment as is reasonably essential to promote his

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1recovery, the Commission may, in its discretion, reduce or
2suspend the compensation of any such injured employee. However,
3when an employer and employee so agree in writing, the
4foregoing provision shall not be construed to authorize the
5reduction or suspension of compensation of an employee who is
6relying in good faith, on treatment by prayer or spiritual
7means alone, in accordance with the tenets and practice of a
8recognized church or religious denomination, by a duly
9accredited practitioner thereof.
10 (e) This paragraph shall apply to all hearings before the
11Commission. Such hearings may be held in its office or
12elsewhere as the Commission may deem advisable. The taking of
13testimony on such hearings may be had before any member of the
14Commission. If a petition for review and agreed statement of
15facts or transcript of evidence is filed, as provided herein,
16the Commission shall promptly review the decision of the
17Arbitrator and all questions of law or fact which appear from
18the statement of facts or transcript of evidence.
19 In all cases in which the hearing before the arbitrator is
20held after December 18, 1989, no additional evidence shall be
21introduced by the parties before the Commission on review of
22the decision of the Arbitrator. In reviewing decisions of an
23arbitrator the Commission shall award such temporary
24compensation, permanent compensation and other payments as are
25due under this Act. The Commission shall file in its office its
26decision thereon, and shall immediately send to each party or

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1his attorney a copy of such decision and a notification of the
2time when it was filed. Decisions shall be filed within 60 days
3after the Statement of Exceptions and Supporting Brief and
4Response thereto are required to be filed or oral argument
5whichever is later.
6 In the event either party requests oral argument, such
7argument shall be had before a panel of 3 members of the
8Commission (or before all available members pursuant to the
9determination of 7 members of the Commission that such argument
10be held before all available members of the Commission)
11pursuant to the rules and regulations of the Commission. A
12panel of 3 members, which shall be comprised of not more than
13one representative citizen of the employing class and not more
14than one representative citizen of the employee class, shall
15hear the argument; provided that if all the issues in dispute
16are solely the nature and extent of the permanent partial
17disability, if any, a majority of the panel may deny the
18request for such argument and such argument shall not be held;
19and provided further that 7 members of the Commission may
20determine that the argument be held before all available
21members of the Commission. A decision of the Commission shall
22be approved by a majority of Commissioners present at such
23hearing if any; provided, if no such hearing is held, a
24decision of the Commission shall be approved by a majority of a
25panel of 3 members of the Commission as described in this
26Section. The Commission shall give 10 days' notice to the

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1parties or their attorneys of the time and place of such taking
2of testimony and of such argument.
3 In any case the Commission in its decision may find
4specially upon any question or questions of law or fact which
5shall be submitted in writing by either party whether ultimate
6or otherwise; provided that on issues other than nature and
7extent of the disability, if any, the Commission in its
8decision shall find specially upon any question or questions of
9law or fact, whether ultimate or otherwise, which are submitted
10in writing by either party; provided further that not more than
115 such questions may be submitted by either party. Any party
12may, within 20 days after receipt of notice of the Commission's
13decision, or within such further time, not exceeding 30 days,
14as the Commission may grant, file with the Commission either an
15agreed statement of the facts appearing upon the hearing, or,
16if such party shall so elect, a correct transcript of evidence
17of the additional proceedings presented before the Commission,
18in which report the party may embody a correct statement of
19such other proceedings in the case as such party may desire to
20have reviewed, such statement of facts or transcript of
21evidence to be authenticated by the signature of the parties or
22their attorneys, and in the event that they do not agree, then
23the authentication of such transcript of evidence shall be by
24the signature of any member of the Commission.
25 If a reporter does not for any reason furnish a transcript
26of the proceedings before the Arbitrator in any case for use on

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1a hearing for review before the Commission, within the
2limitations of time as fixed in this Section, the Commission
3may, in its discretion, order a trial de novo before the
4Commission in such case upon application of either party. The
5applications for adjustment of claim and other documents in the
6nature of pleadings filed by either party, together with the
7decisions of the Arbitrator and of the Commission and the
8statement of facts or transcript of evidence hereinbefore
9provided for in paragraphs (b) and (c) shall be the record of
10the proceedings of the Commission, and shall be subject to
11review as hereinafter provided.
12 At the request of either party or on its own motion, the
13Commission shall set forth in writing the reasons for the
14decision, including findings of fact and conclusions of law
15separately stated. The Commission shall by rule adopt a format
16for written decisions for the Commission and arbitrators. The
17written decisions shall be concise and shall succinctly state
18the facts and reasons for the decision. The Commission may
19adopt in whole or in part, the decision of the arbitrator as
20the decision of the Commission. When the Commission does so
21adopt the decision of the arbitrator, it shall do so by order.
22Whenever the Commission adopts part of the arbitrator's
23decision, but not all, it shall include in the order the
24reasons for not adopting all of the arbitrator's decision. When
25a majority of a panel, after deliberation, has arrived at its
26decision, the decision shall be filed as provided in this

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1Section without unnecessary delay, and without regard to the
2fact that a member of the panel has expressed an intention to
3dissent. Any member of the panel may file a dissent. Any
4dissent shall be filed no later than 10 days after the decision
5of the majority has been filed.
6 Decisions rendered by the Commission and dissents, if any,
7shall be published together by the Commission. The conclusions
8of law set out in such decisions shall be regarded as
9precedents by arbitrators for the purpose of achieving a more
10uniform administration of this Act.
11 (f) The decision of the Commission acting within its
12powers, according to the provisions of paragraph (e) of this
13Section shall, in the absence of fraud, be conclusive unless
14reviewed as in this paragraph hereinafter provided. However,
15the Arbitrator or the Commission may on his or its own motion,
16or on the motion of either party, correct any clerical error or
17errors in computation within 15 days after the date of receipt
18of any award by such Arbitrator or any decision on review of
19the Commission and shall have the power to recall the original
20award on arbitration or decision on review, and issue in lieu
21thereof such corrected award or decision. Where such correction
22is made the time for review herein specified shall begin to run
23from the date of the receipt of the corrected award or
24decision.
25 (1) Except in cases of claims against the State of
26 Illinois other than those claims under Section 18.1, in

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1 which case the decision of the Commission shall not be
2 subject to judicial review, the Circuit Court of the county
3 where any of the parties defendant may be found, or if none
4 of the parties defendant can be found in this State then
5 the Circuit Court of the county where the accident
6 occurred, shall by summons to the Commission have power to
7 review all questions of law and fact presented by such
8 record.
9 A proceeding for review shall be commenced within 20
10 days of the receipt of notice of the decision of the
11 Commission. The summons shall be issued by the clerk of
12 such court upon written request returnable on a designated
13 return day, not less than 10 or more than 60 days from the
14 date of issuance thereof, and the written request shall
15 contain the last known address of other parties in interest
16 and their attorneys of record who are to be served by
17 summons. Service upon any member of the Commission or the
18 Secretary or the Assistant Secretary thereof shall be
19 service upon the Commission, and service upon other parties
20 in interest and their attorneys of record shall be by
21 summons, and such service shall be made upon the Commission
22 and other parties in interest by mailing notices of the
23 commencement of the proceedings and the return day of the
24 summons to the office of the Commission and to the last
25 known place of residence of other parties in interest or
26 their attorney or attorneys of record. The clerk of the

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1 court issuing the summons shall on the day of issue mail
2 notice of the commencement of the proceedings which shall
3 be done by mailing a copy of the summons to the office of
4 the Commission, and a copy of the summons to the other
5 parties in interest or their attorney or attorneys of
6 record and the clerk of the court shall make certificate
7 that he has so sent said notices in pursuance of this
8 Section, which shall be evidence of service on the
9 Commission and other parties in interest.
10 The Commission shall not be required to certify the
11 record of their proceedings to the Circuit Court, unless
12 the party commencing the proceedings for review in the
13 Circuit Court as above provided, shall file with the
14 Commission notice of intent to file for review in Circuit
15 Court. It shall be the duty of the Commission upon such
16 filing of notice of intent to file for review in the
17 Circuit Court to prepare a true and correct copy of such
18 testimony and a true and correct copy of all other matters
19 contained in such record and certified to by the Secretary
20 or Assistant Secretary thereof. The changes made to this
21 subdivision (f)(1) by this amendatory Act of the 98th
22 General Assembly apply to any Commission decision entered
23 after the effective date of this amendatory Act of the 98th
24 General Assembly.
25 No request for a summons may be filed and no summons
26 shall issue unless the party seeking to review the decision

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1 of the Commission shall exhibit to the clerk of the Circuit
2 Court proof of filing with the Commission of the notice of
3 the intent to file for review in the Circuit Court or an
4 affidavit of the attorney setting forth that notice of
5 intent to file for review in the Circuit Court has been
6 given in writing to the Secretary or Assistant Secretary of
7 the Commission.
8 (2) No such summons shall issue unless the one against
9 whom the Commission shall have rendered an award for the
10 payment of money shall upon the filing of his written
11 request for such summons file with the clerk of the court a
12 bond or other collateral and guarantee pursuant to
13 subdivision (f)(3) conditioned that if he shall not
14 successfully prosecute the review, he will pay the award
15 and the costs of the proceedings in the courts. The amount
16 of the bond or other collateral and guarantee pursuant to
17 subdivision (f)(3) shall be fixed by any member of the
18 Commission and the surety or sureties of the bond shall be
19 approved by the clerk of the court. The acceptance of the
20 bond or other collateral and guarantee pursuant to
21 subdivision (f)(3) by the clerk of the court shall
22 constitute evidence of his approval of the bond or other
23 collateral and guarantee pursuant to subdivision (f)(3).
24 (3) If the party seeking judicial review is the party
25 against whom the Commission rendered an award for payment
26 of money, then within the time frame for the commencement

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1 of proceedings, the party shall provide to the circuit
2 court collateral or guarantee of payment of the award if
3 the review is not successfully prosecuted.
4 (A) Collateral or guarantee may be provided in the
5 following ways:
6 (i) filing an insurance policy pursuant to
7 Section 392.1 of the Illinois Insurance Code;
8 (ii) filing a certificate of self-insurance;
9 (iii) placing sufficient funds in an escrow
10 account; or
11 (iv) filing a bond signed by the employer or
12 any duly designated representative of the
13 employer, and in the event the employer is insured,
14 any representative of the insurer.
15 (B) If an insurance policy or certificate of
16 self-insurance is filed as collateral or guarantee,
17 the party respondent has 20 days within which to
18 object, and if the objection is sustained, the party so
19 filing the insurance policy or certificate of
20 self-insurance has 10 days to cure the defect or
21 otherwise file another appropriate form of collateral
22 or guarantee. If no objection is filed within the 20
23 days, all objections are waived.
24 (C) On motion supported by good cause made within
25 the time frame for the commencement of proceedings or
26 within any extension granted pursuant to this

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1 subdivision, the time for filing and approval of the
2 collateral or guarantee may be extended by the circuit
3 court, but the total extensions of time granted by the
4 circuit court may not aggregate more than 45 days from
5 the original due date unless the parties otherwise
6 stipulate in writing. The motion must be presented to
7 the circuit court at the time of filing the judicial
8 review and called for hearing and ruled upon by the
9 court within 10 days thereafter.
10 (D) The State, including its constitutional
11 officers, boards, commissions, agencies, public
12 institutions of higher learning, and funds
13 administered by the treasurer ex officio, and
14 every Every county, city, town, township, incorporated
15 village, school district, body politic or municipal
16 corporation against whom the Commission shall have
17 rendered an award for the payment of money shall not be
18 required to file a bond or other collateral and
19 guarantee to secure the payment of the award and the
20 costs of the proceedings in the court to authorize the
21 court to issue such summons.
22 (E) The Treasurer's Office shall not be required to
23 post a bond when appealing on behalf of the Injured
24 Workers' Benefit Fund.
25 The court may confirm or set aside the decision of the
26 Commission. If the decision is set aside and the facts

HB2585- 23 -LRB101 08356 JLS 53425 b
1 found in the proceedings before the Commission are
2 sufficient, the court may enter such decision as is
3 justified by law, or may remand the cause to the Commission
4 for further proceedings and may state the questions
5 requiring further hearing, and give such other
6 instructions as may be proper. Appeals shall be taken to
7 the Appellate Court in accordance with Supreme Court Rules
8 22(g) and 303. Appeals shall be taken from the Appellate
9 Court to the Supreme Court in accordance with Supreme Court
10 Rule 315.
11 It shall be the duty of the clerk of any court
12 rendering a decision affecting or affirming an award of the
13 Commission to promptly furnish the Commission with a copy
14 of such decision, without charge.
15 The decision of a majority of the members of the panel
16 of the Commission, shall be considered the decision of the
17 Commission.
18 (g) Except in the case of a claim against the State of
19Illinois, either party may present a certified copy of the
20award of the Arbitrator, or a certified copy of the decision of
21the Commission when the same has become final, when no
22proceedings for review are pending, providing for the payment
23of compensation according to this Act, to the Circuit Court of
24the county in which such accident occurred or either of the
25parties are residents, whereupon the court shall enter a
26judgment in accordance therewith. In a case where the employer

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1refuses to pay compensation according to such final award or
2such final decision upon which such judgment is entered the
3court shall in entering judgment thereon, tax as costs against
4him the reasonable costs and attorney fees in the arbitration
5proceedings and in the court entering the judgment for the
6person in whose favor the judgment is entered, which judgment
7and costs taxed as therein provided shall, until and unless set
8aside, have the same effect as though duly entered in an action
9duly tried and determined by the court, and shall with like
10effect, be entered and docketed. The Circuit Court shall have
11power at any time upon application to make any such judgment
12conform to any modification required by any subsequent decision
13of the Supreme Court upon appeal, or as the result of any
14subsequent proceedings for review, as provided in this Act.
15 Judgment shall not be entered until 15 days' notice of the
16time and place of the application for the entry of judgment
17shall be served upon the employer by filing such notice with
18the Commission, which Commission shall, in case it has on file
19the address of the employer or the name and address of its
20agent upon whom notices may be served, immediately send a copy
21of the notice to the employer or such designated agent.
22 (h) An agreement or award under this Act providing for
23compensation in installments, may at any time within 18 months
24after such agreement or award be reviewed by the Commission at
25the request of either the employer or the employee, on the
26ground that the disability of the employee has subsequently

HB2585- 25 -LRB101 08356 JLS 53425 b
1recurred, increased, diminished or ended.
2 However, as to accidents occurring subsequent to July 1,
31955, which are covered by any agreement or award under this
4Act providing for compensation in installments made as a result
5of such accident, such agreement or award may at any time
6within 30 months, or 60 months in the case of an award under
7Section 8(d)1, after such agreement or award be reviewed by the
8Commission at the request of either the employer or the
9employee on the ground that the disability of the employee has
10subsequently recurred, increased, diminished or ended.
11 On such review, compensation payments may be
12re-established, increased, diminished or ended. The Commission
13shall give 15 days' notice to the parties of the hearing for
14review. Any employee, upon any petition for such review being
15filed by the employer, shall be entitled to one day's notice
16for each 100 miles necessary to be traveled by him in attending
17the hearing of the Commission upon the petition, and 3 days in
18addition thereto. Such employee shall, at the discretion of the
19Commission, also be entitled to 5 cents per mile necessarily
20traveled by him within the State of Illinois in attending such
21hearing, not to exceed a distance of 300 miles, to be taxed by
22the Commission as costs and deposited with the petition of the
23employer.
24 When compensation which is payable in accordance with an
25award or settlement contract approved by the Commission, is
26ordered paid in a lump sum by the Commission, no review shall

HB2585- 26 -LRB101 08356 JLS 53425 b
1be had as in this paragraph mentioned.
2 (i) Each party, upon taking any proceedings or steps
3whatsoever before any Arbitrator, Commission or court, shall
4file with the Commission his address, or the name and address
5of any agent upon whom all notices to be given to such party
6shall be served, either personally or by registered mail,
7addressed to such party or agent at the last address so filed
8with the Commission. In the event such party has not filed his
9address, or the name and address of an agent as above provided,
10service of any notice may be had by filing such notice with the
11Commission.
12 (j) Whenever in any proceeding testimony has been taken or
13a final decision has been rendered and after the taking of such
14testimony or after such decision has become final, the injured
15employee dies, then in any subsequent proceedings brought by
16the personal representative or beneficiaries of the deceased
17employee, such testimony in the former proceeding may be
18introduced with the same force and effect as though the witness
19having so testified were present in person in such subsequent
20proceedings and such final decision, if any, shall be taken as
21final adjudication of any of the issues which are the same in
22both proceedings.
23 (k) In case where there has been any unreasonable or
24vexatious delay of payment or intentional underpayment of
25compensation, or proceedings have been instituted or carried on
26by the one liable to pay the compensation, which do not present

HB2585- 27 -LRB101 08356 JLS 53425 b
1a real controversy, but are merely frivolous or for delay, then
2the Commission may award compensation additional to that
3otherwise payable under this Act equal to 50% of the amount
4payable at the time of such award. Failure to pay compensation
5in accordance with the provisions of Section 8, paragraph (b)
6of this Act, shall be considered unreasonable delay.
7 When determining whether this subsection (k) shall apply,
8the Commission shall consider whether an Arbitrator has
9determined that the claim is not compensable or whether the
10employer has made payments under Section 8(j).
11 (l) If the employee has made written demand for payment of
12benefits under Section 8(a) or Section 8(b), the employer shall
13have 14 days after receipt of the demand to set forth in
14writing the reason for the delay. In the case of demand for
15payment of medical benefits under Section 8(a), the time for
16the employer to respond shall not commence until the expiration
17of the allotted 30 days specified under Section 8.2(d). In case
18the employer or his or her insurance carrier shall without good
19and just cause fail, neglect, refuse, or unreasonably delay the
20payment of benefits under Section 8(a) or Section 8(b), the
21Arbitrator or the Commission shall allow to the employee
22additional compensation in the sum of $30 per day for each day
23that the benefits under Section 8(a) or Section 8(b) have been
24so withheld or refused, not to exceed $10,000. A delay in
25payment of 14 days or more shall create a rebuttable
26presumption of unreasonable delay.

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1 (m) If the commission finds that an accidental injury was
2directly and proximately caused by the employer's wilful
3violation of a health and safety standard under the Health and
4Safety Act or the Occupational Safety and Health Act in force
5at the time of the accident, the arbitrator or the Commission
6shall allow to the injured employee or his dependents, as the
7case may be, additional compensation equal to 25% of the amount
8which otherwise would be payable under the provisions of this
9Act exclusive of this paragraph. The additional compensation
10herein provided shall be allowed by an appropriate increase in
11the applicable weekly compensation rate.
12 (n) After June 30, 1984, decisions of the Illinois Workers'
13Compensation Commission reviewing an award of an arbitrator of
14the Commission shall draw interest at a rate equal to the yield
15on indebtedness issued by the United States Government with a
1626-week maturity next previously auctioned on the day on which
17the decision is filed. Said rate of interest shall be set forth
18in the Arbitrator's Decision. Interest shall be drawn from the
19date of the arbitrator's award on all accrued compensation due
20the employee through the day prior to the date of payments.
21However, when an employee appeals an award of an Arbitrator or
22the Commission, and the appeal results in no change or a
23decrease in the award, interest shall not further accrue from
24the date of such appeal.
25 The employer or his insurance carrier may tender the
26payments due under the award to stop the further accrual of

HB2585- 29 -LRB101 08356 JLS 53425 b
1interest on such award notwithstanding the prosecution by
2either party of review, certiorari, appeal to the Supreme Court
3or other steps to reverse, vacate or modify the award.
4 (o) By the 15th day of each month each insurer providing
5coverage for losses under this Act shall notify each insured
6employer of any compensable claim incurred during the preceding
7month and the amounts paid or reserved on the claim including a
8summary of the claim and a brief statement of the reasons for
9compensability. A cumulative report of all claims incurred
10during a calendar year or continued from the previous year
11shall be furnished to the insured employer by the insurer
12within 30 days after the end of that calendar year.
13 The insured employer may challenge, in proceeding before
14the Commission, payments made by the insurer without
15arbitration and payments made after a case is determined to be
16noncompensable. If the Commission finds that the case was not
17compensable, the insurer shall purge its records as to that
18employer of any loss or expense associated with the claim,
19reimburse the employer for attorneys' fees arising from the
20challenge and for any payment required of the employer to the
21Rate Adjustment Fund or the Second Injury Fund, and may not
22reflect the loss or expense for rate making purposes. The
23employee shall not be required to refund the challenged
24payment. The decision of the Commission may be reviewed in the
25same manner as in arbitrated cases. No challenge may be
26initiated under this paragraph more than 3 years after the

HB2585- 30 -LRB101 08356 JLS 53425 b
1payment is made. An employer may waive the right of challenge
2under this paragraph on a case by case basis.
3 (p) After filing an application for adjustment of claim but
4prior to the hearing on arbitration the parties may voluntarily
5agree to submit such application for adjustment of claim for
6decision by an arbitrator under this subsection (p) where such
7application for adjustment of claim raises only a dispute over
8temporary total disability, permanent partial disability or
9medical expenses. Such agreement shall be in writing in such
10form as provided by the Commission. Applications for adjustment
11of claim submitted for decision by an arbitrator under this
12subsection (p) shall proceed according to rule as established
13by the Commission. The Commission shall promulgate rules
14including, but not limited to, rules to ensure that the parties
15are adequately informed of their rights under this subsection
16(p) and of the voluntary nature of proceedings under this
17subsection (p). The findings of fact made by an arbitrator
18acting within his or her powers under this subsection (p) in
19the absence of fraud shall be conclusive. However, the
20arbitrator may on his own motion, or the motion of either
21party, correct any clerical errors or errors in computation
22within 15 days after the date of receipt of such award of the
23arbitrator and shall have the power to recall the original
24award on arbitration, and issue in lieu thereof such corrected
25award. The decision of the arbitrator under this subsection (p)
26shall be considered the decision of the Commission and

HB2585- 31 -LRB101 08356 JLS 53425 b
1proceedings for review of questions of law arising from the
2decision may be commenced by either party pursuant to
3subsection (f) of Section 19. The Advisory Board established
4under Section 13.1 shall compile a list of certified Commission
5arbitrators, each of whom shall be approved by at least 7
6members of the Advisory Board. The chairman shall select 5
7persons from such list to serve as arbitrators under this
8subsection (p). By agreement, the parties shall select one
9arbitrator from among the 5 persons selected by the chairman
10except that if the parties do not agree on an arbitrator from
11among the 5 persons, the parties may, by agreement, select an
12arbitrator of the American Arbitration Association, whose fee
13shall be paid by the State in accordance with rules promulgated
14by the Commission. Arbitration under this subsection (p) shall
15be voluntary.
16(Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874,
17eff. 1-1-15.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.
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