Bill Text: IL HB3390 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Condominium Property Act. Provides that the board of managers has the authority to install solar energy devices and wind energy devices on the common elements; provided that solar or wind energy devices may not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved. Provides that the installation of solar energy devices and wind energy devices on the common elements by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to the property, provided that the installation does not directly affect any nonconsenting unit owner. Defines "directly affect", "solar energy device", and "wind energy device". Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-06-28 - Public Act . . . . . . . . . 98-0040 [HB3390 Detail]
Download: Illinois-2013-HB3390-Amended.html
Bill Title: Amends the Condominium Property Act. Provides that the board of managers has the authority to install solar energy devices and wind energy devices on the common elements; provided that solar or wind energy devices may not be installed upon any limited common element without the consent of the owner or owners of the unit or units for which use of the limited common element is reserved. Provides that the installation of solar energy devices and wind energy devices on the common elements by the board shall not be deemed to alter, impair, or diminish the common interest, common elements, or easements appurtenant to each unit or to be a structural alteration or addition to the property, provided that the installation does not directly affect any nonconsenting unit owner. Defines "directly affect", "solar energy device", and "wind energy device". Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-06-28 - Public Act . . . . . . . . . 98-0040 [HB3390 Detail]
Download: Illinois-2013-HB3390-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3390
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2 | AMENDMENT NO. ______. Amend House Bill 3390, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Workers' Compensation Act is amended by | ||||||
6 | changing Sections 9, 14, 15a, 19, 19a, and 20 as follows:
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7 | (820 ILCS 305/9) (from Ch. 48, par. 138.9)
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8 | Sec. 9.
Any employer or employee or beneficiary who shall | ||||||
9 | desire to have
such compensation, or any unpaid part thereof, | ||||||
10 | paid in a lump sum, may
petition the Commission, asking that | ||||||
11 | such compensation be so paid. If, upon
proper notice to the | ||||||
12 | interested parties and a proper showing made before
such | ||||||
13 | Commission or any member thereof, it appears to the best | ||||||
14 | interest of
the parties that such compensation be so paid, the | ||||||
15 | Commission may order the
commutation of the compensation to an | ||||||
16 | equivalent lump sum, which
commutation shall be an amount which |
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1 | will equal the total sum of the
probable future payments | ||||||
2 | capitalized at their present value upon the basis
of interest | ||||||
3 | calculated at the maximum rate of interest payable by member
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4 | banks of the Federal Reserve System on passbook savings | ||||||
5 | deposits as published
in Regulation Q or its successor or, if | ||||||
6 | Regulation Q or its successor is
repealed, then the rate in | ||||||
7 | effect on the date of repeal. Prior to approval of any pro se | ||||||
8 | Settlement Contract Lump Sum Petition, the Commission or an | ||||||
9 | Arbitrator thereof shall determine if the unrepresented | ||||||
10 | employee, if present, is able to read and communicate in | ||||||
11 | English. If not, it shall be the responsibility of the | ||||||
12 | Commission to provide a qualified, independent interpreter at | ||||||
13 | the time such Petition is heard, unless the employee has | ||||||
14 | provided his or her own interpreter.
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15 | In cases indicating complete disability no petition for a | ||||||
16 | commutation to
a lump sum basis shall be entertained by the | ||||||
17 | Commission until after the
expiration of 6 months from the date | ||||||
18 | of the injury.
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19 | Where necessary, upon proper application being made, a | ||||||
20 | guardian
or administrator, as the case may be, may be appointed | ||||||
21 | for any
person under disability who may be entitled to any such | ||||||
22 | compensation and an
employer bound by the terms of this Act and | ||||||
23 | liable to pay such
compensation, may petition for the | ||||||
24 | appointment of the public administrator,
or guardian, where no | ||||||
25 | legal representative has been
appointed or is acting for such | ||||||
26 | party or parties so under disability.
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1 | The payment of compensation in a lump sum to the employee | ||||||
2 | in his or her
lifetime upon order of the Commission, shall | ||||||
3 | extinguish and bar all claims
for compensation for death if the | ||||||
4 | compensation paid in a lump sum
represents a compromise of a | ||||||
5 | dispute on any question other than the extent
of disability.
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6 | Subject to the provisions herein above in this paragraph | ||||||
7 | contained,
where no dispute exists as to the fact that the | ||||||
8 | accident arose out of and
in the course of the employment and | ||||||
9 | where such accident results in death or
in the amputation of | ||||||
10 | any member or in the enucleation of an eye, then and
in such | ||||||
11 | case the arbitrator or Commission may, upon the petition of | ||||||
12 | either
the employer or the employee, enter an award providing | ||||||
13 | for the payment of
compensation for such death or injury in | ||||||
14 | accordance with the provisions of
Section 7 or paragraph (e) of | ||||||
15 | Section 8 of this Act.
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16 | (Source: P.A. 83-1362.)
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17 | (820 ILCS 305/14) (from Ch. 48, par. 138.14)
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18 | Sec. 14. The Commission shall appoint a secretary, an | ||||||
19 | assistant
secretary, and arbitrators and shall employ such
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20 | assistants and clerical help as may be necessary. Arbitrators | ||||||
21 | shall be appointed pursuant to this Section, notwithstanding | ||||||
22 | any provision of the Personnel Code.
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23 | Each arbitrator appointed after June 28, 2011 after | ||||||
24 | November 22, 1977 shall be required
to demonstrate in writing | ||||||
25 | and in accordance with
the rules and regulations of the |
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1 | Illinois Department of Central Management
Services his or
her | ||||||
2 | knowledge of and expertise in the law of and judicial processes | ||||||
3 | of
the Workers' Compensation Act and the Occupational Diseases | ||||||
4 | Act.
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5 | A formal training program for newly-hired arbitrators | ||||||
6 | shall be
implemented. The training program shall include the | ||||||
7 | following:
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8 | (a) substantive and procedural aspects of the | ||||||
9 | arbitrator position;
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10 | (b) current issues in workers' compensation law and | ||||||
11 | practice;
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12 | (c) medical lectures by specialists in areas such as | ||||||
13 | orthopedics,
ophthalmology, psychiatry, rehabilitation | ||||||
14 | counseling;
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15 | (d) orientation to each operational unit of the | ||||||
16 | Illinois Workers' Compensation Commission;
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17 | (e) observation of experienced arbitrators conducting | ||||||
18 | hearings of cases,
combined with the opportunity to discuss | ||||||
19 | evidence presented and rulings made;
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20 | (f) the use of hypothetical cases requiring the trainee | ||||||
21 | to issue
judgments as a means to evaluating knowledge and | ||||||
22 | writing ability;
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23 | (g) writing skills;
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24 | (h) professional and ethical standards pursuant to | ||||||
25 | Section 1.1 of this Act; | ||||||
26 | (i) detection of workers' compensation fraud and |
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1 | reporting obligations of Commission employees and | ||||||
2 | appointees; | ||||||
3 | (j) standards of evidence-based medical treatment and | ||||||
4 | best practices for measuring and improving quality and | ||||||
5 | health care outcomes in the workers' compensation system, | ||||||
6 | including but not limited to the use of the American | ||||||
7 | Medical Association's "Guides to the Evaluation of | ||||||
8 | Permanent Impairment" and the practice of utilization | ||||||
9 | review; and | ||||||
10 | (k) substantive and procedural aspects of coal | ||||||
11 | workers' pneumoconiosis (black lung) cases. | ||||||
12 | A formal and ongoing professional development program | ||||||
13 | including, but not
limited to, the above-noted areas shall be | ||||||
14 | implemented to keep arbitrators
informed of recent | ||||||
15 | developments and issues and to assist them in
maintaining and | ||||||
16 | enhancing their professional competence. Each arbitrator shall | ||||||
17 | complete 20 hours of training in the above-noted areas during | ||||||
18 | every 2 years such arbitrator shall remain in office.
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19 | Each
arbitrator shall devote full time to his or her duties | ||||||
20 | and shall serve when
assigned as
an acting Commissioner when a | ||||||
21 | Commissioner is unavailable in accordance
with the provisions | ||||||
22 | of Section 13 of this Act. Any
arbitrator who is an | ||||||
23 | attorney-at-law shall not engage in the practice of
law, nor | ||||||
24 | shall any arbitrator hold any other office or position of
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25 | profit under the United States or this State or any municipal
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26 | corporation or political subdivision of this State.
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1 | Notwithstanding any other provision of this Act to the | ||||||
2 | contrary, an arbitrator
who serves as an acting Commissioner in | ||||||
3 | accordance with the provisions of
Section 13 of this Act shall | ||||||
4 | continue to serve in the capacity of Commissioner
until a | ||||||
5 | decision is reached in every case heard by that arbitrator | ||||||
6 | while
serving as an acting Commissioner.
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7 | Notwithstanding any other provision of this Section, the | ||||||
8 | term of all arbitrators serving on the effective date of this | ||||||
9 | amendatory Act of the 97th General Assembly, including any | ||||||
10 | arbitrators on administrative leave, shall terminate at the | ||||||
11 | close of business on July 1, 2011, but the incumbents shall | ||||||
12 | continue to exercise all of their duties until they are | ||||||
13 | reappointed or their successors are appointed. | ||||||
14 | On and after the effective date of this amendatory Act of | ||||||
15 | the 97th General Assembly, arbitrators shall be appointed to | ||||||
16 | 3-year terms as follows: | ||||||
17 | (1) All appointments shall be made by the Governor with | ||||||
18 | the advice and consent of the Senate. | ||||||
19 | (2) For their initial appointments, 12 arbitrators | ||||||
20 | shall be appointed to terms expiring July 1, 2012; 12 | ||||||
21 | arbitrators shall be appointed to terms expiring July 1, | ||||||
22 | 2013; and all additional arbitrators shall be appointed to | ||||||
23 | terms expiring July 1, 2014. Thereafter, all arbitrators | ||||||
24 | shall be appointed to 3-year terms. | ||||||
25 | Upon the expiration of a term, the Chairman shall evaluate | ||||||
26 | the performance of the arbitrator and may recommend to the |
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1 | Governor that he or she be reappointed to a second or | ||||||
2 | subsequent term by the Governor with the advice and consent of | ||||||
3 | the Senate. | ||||||
4 | Each arbitrator appointed on or after the effective date of | ||||||
5 | this amendatory Act of the 97th General Assembly and who has | ||||||
6 | not previously served as an arbitrator for the Commission shall | ||||||
7 | be required to be authorized to practice law in this State by | ||||||
8 | the Supreme Court, and to maintain this authorization | ||||||
9 | throughout his or her term of employment.
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10 | The All arbitrators shall be subject to the provisions of | ||||||
11 | the Personnel Code,
and the performance of all arbitrators | ||||||
12 | shall be reviewed by the Chairman on
an annual basis. The | ||||||
13 | changes made to this Section by this amendatory Act of the 97th | ||||||
14 | General Assembly shall prevail over any conflict with the | ||||||
15 | Personnel Code. The Chairman shall allow input from the | ||||||
16 | Commissioners in
all such reviews.
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17 | The Commission shall assign no fewer than 3 arbitrators to | ||||||
18 | each hearing site. The Commission shall establish a procedure | ||||||
19 | to ensure that the arbitrators assigned to each hearing site | ||||||
20 | are assigned cases on a random basis. No arbitrator shall hear | ||||||
21 | cases in any county, other than Cook County, for more than 2 | ||||||
22 | years in each 3-year term. | ||||||
23 | The Secretary and each arbitrator shall receive a per annum | ||||||
24 | salary of
$4,000 less than the per annum salary of members of | ||||||
25 | The
Illinois Workers' Compensation Commission as
provided in | ||||||
26 | Section 13 of this Act, payable in equal monthly installments.
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1 | The members of the Commission, Arbitrators and other | ||||||
2 | employees whose
duties require them to travel, shall have | ||||||
3 | reimbursed to them their
actual traveling expenses and | ||||||
4 | disbursements made or incurred by them in
the discharge of | ||||||
5 | their official duties while away from their place of
residence | ||||||
6 | in the performance of their duties.
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7 | The Commission shall provide itself with a seal for the
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8 | authentication of its orders, awards and proceedings upon which | ||||||
9 | shall be
inscribed the name of the Commission and the words | ||||||
10 | "Illinois--Seal".
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11 | The Secretary or Assistant Secretary, under the direction | ||||||
12 | of the
Commission, shall have charge and custody of the seal of | ||||||
13 | the Commission
and also have charge and custody of all records, | ||||||
14 | files, orders,
proceedings, decisions, awards and other | ||||||
15 | documents on file with the
Commission. He shall furnish | ||||||
16 | certified copies, under the seal of the
Commission, of any such | ||||||
17 | records, files, orders, proceedings, decisions,
awards and | ||||||
18 | other documents on file with the Commission as may be
required. | ||||||
19 | Certified copies so furnished by the Secretary or Assistant
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20 | Secretary shall be received in evidence before the Commission | ||||||
21 | or any
Arbitrator thereof, and in all courts, provided that the | ||||||
22 | original of
such certified copy is otherwise competent and | ||||||
23 | admissible in evidence.
The Secretary or Assistant Secretary | ||||||
24 | shall perform such other duties as
may be prescribed from time | ||||||
25 | to time by the Commission.
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26 | (Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12.)
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1 | (820 ILCS 305/15a) (from Ch. 48, par. 138.15a)
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2 | Sec. 15a.
The Beginning January 1, 1981, the Commission | ||||||
3 | shall prepare and
publish a handbook in readily understandable | ||||||
4 | language in question and answer
form containing all information | ||||||
5 | as to the rights and obligations of employers
and employees | ||||||
6 | under the provisions
of this Act.
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7 | Upon receipt of first report of injury, as provided for in | ||||||
8 | subsection (b)
of Section 6 of this Act, the Commission shall | ||||||
9 | determine that a copy
of the handbook has been forwarded to the | ||||||
10 | injured employee or his beneficiary.
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11 | The handbook shall be made available free of charge to the | ||||||
12 | general public and be maintained on the Commission's Internet | ||||||
13 | website .
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14 | The Commission shall provide informational assistance to | ||||||
15 | employers and
employees regarding their rights and obligations | ||||||
16 | under this Act and the
process and procedure before the | ||||||
17 | Commission.
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18 | (Source: P.A. 86-998.)
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19 | (820 ILCS 305/19) (from Ch. 48, par. 138.19)
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20 | Sec. 19. Any disputed questions of law or fact shall be | ||||||
21 | determined
as herein provided.
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22 | (a) It shall be the duty of the Commission upon | ||||||
23 | notification that
the parties have failed to reach an | ||||||
24 | agreement, to designate an Arbitrator.
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1 | 1. Whenever any claimant misconceives his remedy and | ||||||
2 | files an
application for adjustment of claim under this Act | ||||||
3 | and it is
subsequently discovered, at any time before final | ||||||
4 | disposition of such
cause, that the claim for disability or | ||||||
5 | death which was the basis for
such application should | ||||||
6 | properly have been made under the Workers'
Occupational | ||||||
7 | Diseases Act, then the provisions of Section 19, paragraph
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8 | (a-1) of the Workers' Occupational Diseases Act having | ||||||
9 | reference to such
application shall apply.
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10 | 2. Whenever any claimant misconceives his remedy and | ||||||
11 | files an
application for adjustment of claim under the | ||||||
12 | Workers' Occupational
Diseases Act and it is subsequently | ||||||
13 | discovered, at any time before final
disposition of such | ||||||
14 | cause that the claim for injury or death which was
the | ||||||
15 | basis for such application should properly have been made | ||||||
16 | under this
Act, then the application so filed under the | ||||||
17 | Workers' Occupational
Diseases Act may be amended in form, | ||||||
18 | substance or both to assert claim
for such disability or | ||||||
19 | death under this Act and it shall be deemed to
have been so | ||||||
20 | filed as amended on the date of the original filing
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21 | thereof, and such compensation may be awarded as is | ||||||
22 | warranted by the
whole evidence pursuant to this Act. When | ||||||
23 | such amendment is submitted,
further or additional | ||||||
24 | evidence may be heard by the Arbitrator or
Commission when | ||||||
25 | deemed necessary. Nothing in this Section contained
shall | ||||||
26 | be construed to be or permit a waiver of any provisions of |
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1 | this
Act with reference to notice but notice if given shall | ||||||
2 | be deemed to be a
notice under the provisions of this Act | ||||||
3 | if given within the time
required herein.
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4 | (b) The Arbitrator shall make such inquiries and | ||||||
5 | investigations as he or
they shall deem necessary and may | ||||||
6 | examine and inspect all books, papers,
records, places, or | ||||||
7 | premises relating to the questions in dispute and hear
such | ||||||
8 | proper evidence as the parties may submit.
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9 | The hearings before the Arbitrator shall be held in the | ||||||
10 | vicinity where
the injury occurred after 10 days' notice of the | ||||||
11 | time and place of such
hearing shall have been given to each of | ||||||
12 | the parties or their attorneys
of record.
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13 | The Arbitrator may find that the disabling condition is | ||||||
14 | temporary and has
not yet reached a permanent condition and may | ||||||
15 | order the payment of
compensation up to the date of the | ||||||
16 | hearing, which award shall be reviewable
and enforceable in the | ||||||
17 | same manner as other awards, and in no instance be a
bar to a | ||||||
18 | further hearing and determination of a further amount of | ||||||
19 | temporary
total compensation or of compensation for permanent | ||||||
20 | disability, but shall
be conclusive as to all other questions | ||||||
21 | except the nature and extent of said
disability.
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22 | The decision of the Arbitrator shall be filed with the | ||||||
23 | Commission which
Commission shall immediately send to each | ||||||
24 | party or his attorney a copy of
such decision, together with a | ||||||
25 | notification of the time when it was filed.
As of the effective | ||||||
26 | date of this amendatory Act of the 94th General Assembly, all |
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1 | decisions of the Arbitrator shall set forth
in writing findings | ||||||
2 | of fact and conclusions of law, separately stated, if requested | ||||||
3 | by either party.
Unless a petition for review is filed by | ||||||
4 | either party within 30 days after
the receipt by such party of | ||||||
5 | the copy of the decision and notification of
time when filed, | ||||||
6 | and unless such party petitioning for a review shall
within 35 | ||||||
7 | days after the receipt by him of the copy of the decision, file
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8 | with the Commission either an agreed statement of the facts | ||||||
9 | appearing upon
the hearing before the Arbitrator, or if such
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10 | party shall so elect a correct transcript of evidence of the | ||||||
11 | proceedings
at such hearings, then the decision shall become | ||||||
12 | the decision of the
Commission and in the absence of fraud | ||||||
13 | shall be conclusive.
The Petition for Review shall contain a | ||||||
14 | statement of the petitioning party's
specific exceptions to the | ||||||
15 | decision of the arbitrator. The jurisdiction
of the Commission | ||||||
16 | to review the decision of the arbitrator shall not be
limited | ||||||
17 | to the exceptions stated in the Petition for Review.
The | ||||||
18 | Commission, or any member thereof, may grant further time not | ||||||
19 | exceeding
30 days, in which to file such agreed statement or | ||||||
20 | transcript of
evidence. Such agreed statement of facts or | ||||||
21 | correct transcript of
evidence, as the case may be, shall be | ||||||
22 | authenticated by the signatures
of the parties or their | ||||||
23 | attorneys, and in the event they do not agree as
to the | ||||||
24 | correctness of the transcript of evidence it shall be | ||||||
25 | authenticated
by the signature of the Arbitrator designated by | ||||||
26 | the Commission.
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1 | Whether the employee is working or not, if the employee is | ||||||
2 | not receiving or has not received medical, surgical, or | ||||||
3 | hospital services or other services or compensation as provided | ||||||
4 | in paragraph (a) of Section 8, or compensation as provided in | ||||||
5 | paragraph (b) of Section 8, the employee may at any time | ||||||
6 | petition for an expedited hearing by an Arbitrator on the issue | ||||||
7 | of whether or not he or she is entitled to receive payment of | ||||||
8 | the services or compensation. Provided the employer continues | ||||||
9 | to pay compensation pursuant to paragraph (b) of Section 8, the | ||||||
10 | employer may at any time petition for an expedited hearing on | ||||||
11 | the issue of whether or not the employee is entitled to receive | ||||||
12 | medical, surgical, or hospital services or other services or | ||||||
13 | compensation as provided in paragraph (a) of Section 8, or | ||||||
14 | compensation as provided in paragraph (b) of Section 8. When an | ||||||
15 | employer has petitioned for an expedited hearing, the employer | ||||||
16 | shall continue to pay compensation as provided in paragraph (b) | ||||||
17 | of Section 8 unless the arbitrator renders a decision that the | ||||||
18 | employee is not entitled to the benefits that are the subject | ||||||
19 | of the expedited hearing or unless the employee's treating | ||||||
20 | physician has released the employee to return to work at his or | ||||||
21 | her regular job with the employer or the employee actually | ||||||
22 | returns to work at any other job. If the arbitrator renders a | ||||||
23 | decision that the employee is not entitled to the benefits that | ||||||
24 | are the subject of the expedited hearing, a petition for review | ||||||
25 | filed by the employee shall receive the same priority as if the | ||||||
26 | employee had filed a petition for an expedited hearing by an |
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1 | Arbitrator. Neither party shall be entitled to an expedited | ||||||
2 | hearing when the employee has returned to work and the sole | ||||||
3 | issue in dispute amounts to less than 12 weeks of unpaid | ||||||
4 | compensation pursuant to paragraph (b) of Section 8. | ||||||
5 | Expedited hearings shall have priority over all other | ||||||
6 | petitions and shall be heard by the Arbitrator and Commission | ||||||
7 | with all convenient speed. Any party requesting an expedited | ||||||
8 | hearing shall give notice of a request for an expedited hearing | ||||||
9 | under this paragraph. A copy of the Application for Adjustment | ||||||
10 | of Claim shall be attached to the notice. The Commission shall | ||||||
11 | adopt rules and procedures under which the final decision of | ||||||
12 | the Commission under this paragraph is filed not later than 180 | ||||||
13 | days from the date that the Petition for Review is filed with | ||||||
14 | the Commission. | ||||||
15 | Where 2 or more insurance carriers, private self-insureds, | ||||||
16 | or a group workers' compensation pool under Article V 3/4 of | ||||||
17 | the Illinois Insurance Code dispute coverage for the same | ||||||
18 | injury, any such insurance carrier, private self-insured, or | ||||||
19 | group workers' compensation pool may request an expedited | ||||||
20 | hearing pursuant to this paragraph to determine the issue of | ||||||
21 | coverage, provided coverage is the only issue in dispute and | ||||||
22 | all other issues are stipulated and agreed to and further | ||||||
23 | provided that all compensation benefits including medical | ||||||
24 | benefits pursuant to Section 8(a) continue to be paid to or on | ||||||
25 | behalf of petitioner. Any insurance carrier, private | ||||||
26 | self-insured, or group workers' compensation pool that is |
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1 | determined to be liable for coverage for the injury in issue | ||||||
2 | shall reimburse any insurance carrier, private self-insured, | ||||||
3 | or group workers' compensation pool that has paid benefits to | ||||||
4 | or on behalf of petitioner for the injury.
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5 | (b-1) If the employee is not receiving medical, surgical or | ||||||
6 | hospital
services as provided in paragraph (a) of Section 8 or | ||||||
7 | compensation as
provided in paragraph (b) of Section 8, the | ||||||
8 | employee, in accordance with
Commission Rules, may file a | ||||||
9 | petition for an emergency hearing by an
Arbitrator on the issue | ||||||
10 | of whether or not he is entitled to receive payment
of such | ||||||
11 | compensation or services as provided therein. Such petition | ||||||
12 | shall
have priority over all other petitions and shall be heard | ||||||
13 | by the Arbitrator
and Commission with all convenient speed.
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14 | Such petition shall contain the following information and | ||||||
15 | shall be served
on the employer at least 15 days before it is | ||||||
16 | filed:
| ||||||
17 | (i) the date and approximate time of accident;
| ||||||
18 | (ii) the approximate location of the accident;
| ||||||
19 | (iii) a description of the accident;
| ||||||
20 | (iv) the nature of the injury incurred by the employee;
| ||||||
21 | (v) the identity of the person, if known, to whom the | ||||||
22 | accident was
reported and the date on which it was | ||||||
23 | reported;
| ||||||
24 | (vi) the name and title of the person, if known, | ||||||
25 | representing the
employer with whom the employee conferred | ||||||
26 | in any effort to obtain
compensation pursuant to paragraph |
| |||||||
| |||||||
1 | (b) of Section 8 of this Act or medical,
surgical or | ||||||
2 | hospital services pursuant to paragraph (a) of Section 8 of
| ||||||
3 | this Act and the date of such conference;
| ||||||
4 | (vii) a statement that the employer has refused to pay | ||||||
5 | compensation
pursuant to paragraph (b) of Section 8 of this | ||||||
6 | Act or for medical, surgical
or hospital services pursuant | ||||||
7 | to paragraph (a) of Section 8 of this Act;
| ||||||
8 | (viii) the name and address, if known, of each witness | ||||||
9 | to the accident
and of each other person upon whom the | ||||||
10 | employee will rely to support his
allegations;
| ||||||
11 | (ix) the dates of treatment related to the accident by | ||||||
12 | medical
practitioners, and the names and addresses of such | ||||||
13 | practitioners, including
the dates of treatment related to | ||||||
14 | the accident at any hospitals and the
names and addresses | ||||||
15 | of such hospitals, and a signed authorization
permitting | ||||||
16 | the employer to examine all medical records of all | ||||||
17 | practitioners
and hospitals named pursuant to this | ||||||
18 | paragraph;
| ||||||
19 | (x) a copy of a signed report by a medical | ||||||
20 | practitioner, relating to the
employee's current inability | ||||||
21 | to return to work because of the injuries
incurred as a | ||||||
22 | result of the accident or such other documents or | ||||||
23 | affidavits
which show that the employee is entitled to | ||||||
24 | receive compensation pursuant
to paragraph (b) of Section 8 | ||||||
25 | of this Act or medical, surgical or hospital
services | ||||||
26 | pursuant to paragraph (a) of Section 8 of this Act. Such |
| |||||||
| |||||||
1 | reports,
documents or affidavits shall state, if possible, | ||||||
2 | the history of the
accident given by the employee, and | ||||||
3 | describe the injury and medical
diagnosis, the medical | ||||||
4 | services for such injury which the employee has
received | ||||||
5 | and is receiving, the physical activities which the | ||||||
6 | employee
cannot currently perform as a result of any | ||||||
7 | impairment or disability due to
such injury, and the | ||||||
8 | prognosis for recovery;
| ||||||
9 | (xi) complete copies of any reports, records, | ||||||
10 | documents and affidavits
in the possession of the employee | ||||||
11 | on which the employee will rely to
support his allegations, | ||||||
12 | provided that the employer shall pay the
reasonable cost of | ||||||
13 | reproduction thereof;
| ||||||
14 | (xii) a list of any reports, records, documents and | ||||||
15 | affidavits which
the employee has demanded by subpoena and | ||||||
16 | on which he intends to
rely to support his allegations;
| ||||||
17 | (xiii) a certification signed by the employee or his | ||||||
18 | representative that
the employer has received the petition | ||||||
19 | with the required information 15
days before filing.
| ||||||
20 | Fifteen days after receipt by the employer of the petition | ||||||
21 | with the
required information the employee may file said | ||||||
22 | petition and required
information and shall serve notice of the | ||||||
23 | filing upon the employer. The
employer may file a motion | ||||||
24 | addressed to the sufficiency of the petition.
If an objection | ||||||
25 | has been filed to the sufficiency of the petition, the
| ||||||
26 | arbitrator shall rule on the objection within 2 working days. |
| |||||||
| |||||||
1 | If such an
objection is filed, the time for filing the final | ||||||
2 | decision of the
Commission as provided in this paragraph shall | ||||||
3 | be tolled until the
arbitrator has determined that the petition | ||||||
4 | is sufficient.
| ||||||
5 | The employer shall, within 15 days after receipt of the | ||||||
6 | notice that such
petition is filed, file with the Commission | ||||||
7 | and serve on the employee or
his representative a written | ||||||
8 | response to each claim set forth in the
petition, including the | ||||||
9 | legal and factual basis for each disputed
allegation and the | ||||||
10 | following information: (i) complete copies of any
reports, | ||||||
11 | records, documents and affidavits in the possession of the
| ||||||
12 | employer on which the employer intends to rely in support of | ||||||
13 | his response,
(ii) a list of any reports, records, documents | ||||||
14 | and affidavits which the
employer has demanded by subpoena and | ||||||
15 | on which the employer intends to rely
in support of his | ||||||
16 | response, (iii) the name and address of each witness on
whom | ||||||
17 | the employer will rely to support his response, and (iv) the | ||||||
18 | names and
addresses of any medical practitioners selected by | ||||||
19 | the employer pursuant to
Section 12 of this Act and the time | ||||||
20 | and place of any examination scheduled
to be made pursuant to | ||||||
21 | such Section.
| ||||||
22 | Any employer who does not timely file and serve a written | ||||||
23 | response
without good cause may not introduce any evidence to | ||||||
24 | dispute any claim of
the employee but may cross examine the | ||||||
25 | employee or any witness brought by
the employee and otherwise | ||||||
26 | be heard.
|
| |||||||
| |||||||
1 | No document or other evidence not previously identified by | ||||||
2 | either party
with the petition or written response, or by any | ||||||
3 | other means before the
hearing, may be introduced into evidence | ||||||
4 | without good cause.
If, at the hearing, material information is | ||||||
5 | discovered which was
not previously disclosed, the Arbitrator | ||||||
6 | may extend the time for closing
proof on the motion of a party | ||||||
7 | for a reasonable period of time which may
be more than 30 days. | ||||||
8 | No evidence may be introduced pursuant
to this paragraph as to | ||||||
9 | permanent disability. No award may be entered for
permanent | ||||||
10 | disability pursuant to this paragraph. Either party may | ||||||
11 | introduce
into evidence the testimony taken by deposition of | ||||||
12 | any medical practitioner.
| ||||||
13 | The Commission shall adopt rules, regulations and | ||||||
14 | procedures whereby the
final decision of the Commission is | ||||||
15 | filed not later than 90 days from the
date the petition for | ||||||
16 | review is filed but in no event later than 180 days from
the | ||||||
17 | date the petition for an emergency hearing is filed with the | ||||||
18 | Illinois Workers' Compensation
Commission.
| ||||||
19 | All service required pursuant to this paragraph (b-1) must | ||||||
20 | be by personal
service or by certified mail and with evidence | ||||||
21 | of receipt. In addition for
the purposes of this paragraph, all | ||||||
22 | service on the employer must be at the
premises where the | ||||||
23 | accident occurred if the premises are owned or operated
by the | ||||||
24 | employer. Otherwise service must be at the employee's principal
| ||||||
25 | place of employment by the employer. If service on the employer | ||||||
26 | is not
possible at either of the above, then service shall be |
| |||||||
| |||||||
1 | at the employer's
principal place of business. After initial | ||||||
2 | service in each case, service
shall be made on the employer's | ||||||
3 | attorney or designated representative.
| ||||||
4 | (c) (1) At a reasonable time in advance of and in | ||||||
5 | connection with the
hearing under Section 19(e) or 19(h), the | ||||||
6 | Commission may on its own motion
order an impartial physical or | ||||||
7 | mental examination of a petitioner whose
mental or physical | ||||||
8 | condition is in issue, when in the Commission's
discretion it | ||||||
9 | appears that such an examination will materially aid in the
| ||||||
10 | just determination of the case. The examination shall be made | ||||||
11 | by a member
or members of a panel of physicians chosen for | ||||||
12 | their special qualifications
by the Illinois State Medical | ||||||
13 | Society. The Commission shall establish
procedures by which a | ||||||
14 | physician shall be selected from such list.
| ||||||
15 | (2) Should the Commission at any time during the hearing | ||||||
16 | find that
compelling considerations make it advisable to have | ||||||
17 | an examination and
report at that time, the commission may in | ||||||
18 | its discretion so order.
| ||||||
19 | (3) A copy of the report of examination shall be given to | ||||||
20 | the Commission
and to the attorneys for the parties.
| ||||||
21 | (4) Either party or the Commission may call the examining | ||||||
22 | physician or
physicians to testify. Any physician so called | ||||||
23 | shall be subject to
cross-examination.
| ||||||
24 | (5) The examination shall be made, and the physician or | ||||||
25 | physicians, if
called, shall testify, without cost to the | ||||||
26 | parties. The Commission shall
determine the compensation and |
| |||||||
| |||||||
1 | the pay of the physician or physicians. The
compensation for | ||||||
2 | this service shall not exceed the usual and customary amount
| ||||||
3 | for such service.
| ||||||
4 | (6) The fees and payment thereof of all attorneys and | ||||||
5 | physicians for
services authorized by the Commission under this | ||||||
6 | Act shall, upon request
of either the employer or the employee | ||||||
7 | or the beneficiary affected, be
subject to the review and | ||||||
8 | decision of the Commission.
| ||||||
9 | (d) If any employee shall persist in insanitary or | ||||||
10 | injurious
practices which tend to either imperil or retard his | ||||||
11 | recovery or shall
refuse to submit to such medical, surgical, | ||||||
12 | or hospital treatment as is
reasonably essential to promote his | ||||||
13 | recovery, the Commission may, in its
discretion, reduce or | ||||||
14 | suspend the compensation of any such injured
employee. However, | ||||||
15 | when an employer and employee so agree in writing,
the | ||||||
16 | foregoing provision shall not be construed to authorize the
| ||||||
17 | reduction or suspension of compensation of an employee who is | ||||||
18 | relying in
good faith, on treatment by prayer or spiritual | ||||||
19 | means alone, in
accordance with the tenets and practice of a | ||||||
20 | recognized church or
religious denomination, by a duly | ||||||
21 | accredited practitioner thereof.
| ||||||
22 | (e) This paragraph shall apply to all hearings before the | ||||||
23 | Commission.
Such hearings may be held in its office or | ||||||
24 | elsewhere as the Commission
may deem advisable. The taking of | ||||||
25 | testimony on such hearings may be had
before any member of the | ||||||
26 | Commission. If a petition for review and agreed
statement of |
| |||||||
| |||||||
1 | facts or transcript of evidence is filed, as provided herein,
| ||||||
2 | the Commission shall promptly review the decision of the | ||||||
3 | Arbitrator and all
questions of law or fact which appear from | ||||||
4 | the statement of facts or
transcript of evidence.
| ||||||
5 | In all cases in which the hearing before the arbitrator is | ||||||
6 | held after
December 18, 1989, no additional evidence shall be | ||||||
7 | introduced by the
parties before the Commission on review of | ||||||
8 | the decision of the Arbitrator.
In reviewing decisions of an | ||||||
9 | arbitrator the Commission shall award such
temporary | ||||||
10 | compensation, permanent compensation and other payments as are
| ||||||
11 | due under this Act. The Commission shall file in its office its | ||||||
12 | decision
thereon, and shall immediately send to each party or | ||||||
13 | his attorney a copy of
such decision and a notification of the | ||||||
14 | time when it was filed. Decisions
shall be filed within 60 days | ||||||
15 | after the Statement of Exceptions and
Supporting Brief and | ||||||
16 | Response thereto are required to be filed or oral
argument | ||||||
17 | whichever is later.
| ||||||
18 | In the event either party requests oral argument, such | ||||||
19 | argument shall be
had before a panel of 3 members of the | ||||||
20 | Commission (or before all available
members pursuant to the | ||||||
21 | determination of 7 members of the Commission that
such argument | ||||||
22 | be held before all available members of the Commission)
| ||||||
23 | pursuant to the rules and regulations of the Commission. A | ||||||
24 | panel of 3
members, which shall be comprised of not more than | ||||||
25 | one representative
citizen of the employing class and not more | ||||||
26 | than one representative citizen
of the employee class, shall |
| |||||||
| |||||||
1 | hear the argument; provided that if all the
issues in dispute | ||||||
2 | are solely the nature and extent of the permanent partial
| ||||||
3 | disability, if any, a majority of the panel may deny the | ||||||
4 | request for such
argument and such argument shall not be held; | ||||||
5 | and provided further that 7
members of the Commission may | ||||||
6 | determine that the argument be held before
all available | ||||||
7 | members of the Commission. A decision of the Commission
shall | ||||||
8 | be approved by a majority of Commissioners present at such | ||||||
9 | hearing if
any; provided, if no such hearing is held, a | ||||||
10 | decision of the Commission
shall be approved by a majority of a | ||||||
11 | panel of 3 members of the Commission
as described in this | ||||||
12 | Section. The Commission shall give 10 days' notice to
the | ||||||
13 | parties or their attorneys of the time and place of such taking | ||||||
14 | of
testimony and of such argument.
| ||||||
15 | In any case the Commission in its decision may find | ||||||
16 | specially
upon any question or questions of law or fact which | ||||||
17 | shall be submitted
in writing by either party whether ultimate | ||||||
18 | or otherwise;
provided that on issues other than nature and | ||||||
19 | extent of the disability,
if any, the Commission in its | ||||||
20 | decision shall find specially upon any
question or questions of | ||||||
21 | law or fact, whether ultimate or otherwise,
which are submitted | ||||||
22 | in writing by either party; provided further that
not more than | ||||||
23 | 5 such questions may be submitted by either party. Any
party | ||||||
24 | may, within 20 days after receipt of notice of the Commission's
| ||||||
25 | decision, or within such further time, not exceeding 30 days, | ||||||
26 | as the
Commission may grant, file with the Commission either an |
| |||||||
| |||||||
1 | agreed
statement of the facts appearing upon the hearing, or, | ||||||
2 | if such party
shall so elect, a correct transcript of evidence | ||||||
3 | of the additional
proceedings presented before the Commission, | ||||||
4 | in which report the party
may embody a correct statement of | ||||||
5 | such other proceedings in the case as
such party may desire to | ||||||
6 | have reviewed, such statement of facts or
transcript of | ||||||
7 | evidence to be authenticated by the signature of the
parties or | ||||||
8 | their attorneys, and in the event that they do not agree,
then | ||||||
9 | the authentication of such transcript of evidence shall be by | ||||||
10 | the
signature of any member of the Commission.
| ||||||
11 | If a reporter does not for any reason furnish a transcript | ||||||
12 | of the
proceedings before the Arbitrator in any case for use on | ||||||
13 | a hearing for
review before the Commission, within the | ||||||
14 | limitations of time as fixed in
this Section, the Commission | ||||||
15 | may, in its discretion, order a trial de
novo before the | ||||||
16 | Commission in such case upon application of either
party. The | ||||||
17 | applications for adjustment of claim and other documents in
the | ||||||
18 | nature of pleadings filed by either party, together with the
| ||||||
19 | decisions of the Arbitrator and of the Commission and the | ||||||
20 | statement of
facts or transcript of evidence hereinbefore | ||||||
21 | provided for in paragraphs
(b) and (c) shall be the record of | ||||||
22 | the proceedings of the Commission,
and shall be subject to | ||||||
23 | review as hereinafter provided.
| ||||||
24 | At the request of either party or on its own motion, the | ||||||
25 | Commission shall
set forth in writing the reasons for the | ||||||
26 | decision, including findings of
fact and conclusions of law |
| |||||||
| |||||||
1 | separately stated. The Commission shall by rule
adopt a format | ||||||
2 | for written decisions for the Commission and arbitrators.
The | ||||||
3 | written decisions shall be concise and shall succinctly state | ||||||
4 | the facts
and reasons for the decision. The Commission may | ||||||
5 | adopt in whole or in part,
the decision of the arbitrator as | ||||||
6 | the decision of the Commission. When the
Commission does so | ||||||
7 | adopt the decision of the arbitrator, it shall do so by
order. | ||||||
8 | Whenever the Commission adopts part of the arbitrator's | ||||||
9 | decision,
but not all, it shall include in the order the | ||||||
10 | reasons for not adopting all
of the arbitrator's decision. When | ||||||
11 | a majority of a panel, after
deliberation, has arrived at its | ||||||
12 | decision, the decision shall be filed as
provided in this | ||||||
13 | Section without unnecessary delay, and without regard to
the | ||||||
14 | fact that a member of the panel has expressed an intention to | ||||||
15 | dissent.
Any member of the panel may file a dissent. Any | ||||||
16 | dissent shall be filed no
later than 10 days after the decision | ||||||
17 | of the majority has been filed.
| ||||||
18 | Decisions rendered by the Commission and dissents, if any, | ||||||
19 | shall be
published together by the Commission. The conclusions | ||||||
20 | of law set out in
such decisions shall be regarded as | ||||||
21 | precedents by arbitrators for the purpose
of achieving a more | ||||||
22 | uniform administration of this Act.
| ||||||
23 | (f) The decision of the Commission acting within its | ||||||
24 | powers,
according to the provisions of paragraph (e) of this | ||||||
25 | Section shall, in
the absence of fraud, be conclusive unless | ||||||
26 | reviewed as in this paragraph
hereinafter provided. However, |
| |||||||
| |||||||
1 | the Arbitrator or the Commission may on
his or its own motion, | ||||||
2 | or on the motion of either party, correct any
clerical error or | ||||||
3 | errors in computation within 15 days after the date of
receipt | ||||||
4 | of any award by such Arbitrator or any decision on review of | ||||||
5 | the
Commission and shall have the power to recall the original | ||||||
6 | award on
arbitration or decision on review, and issue in lieu | ||||||
7 | thereof such
corrected award or decision. Where such correction | ||||||
8 | is made the time for
review herein specified shall begin to run | ||||||
9 | from the date of
the receipt of the corrected award or | ||||||
10 | decision.
| ||||||
11 | (1) Except in cases of claims against the State of | ||||||
12 | Illinois other than those claims under Section 18.1, in
| ||||||
13 | which case the decision of the Commission shall not be | ||||||
14 | subject to
judicial review, the Circuit Court of the county | ||||||
15 | where any of the
parties defendant may be found, or if none | ||||||
16 | of the parties defendant can
be found in this State then | ||||||
17 | the Circuit Court of the county where the
accident | ||||||
18 | occurred, shall by summons to the Commission have
power to | ||||||
19 | review all questions of law and fact presented by such | ||||||
20 | record.
| ||||||
21 | A proceeding for review shall be commenced within 20 | ||||||
22 | days of
the receipt of notice of the decision of the | ||||||
23 | Commission. The summons shall
be issued by the clerk of | ||||||
24 | such court upon written request returnable on a
designated | ||||||
25 | return day, not less than 10 or more than 60 days from the | ||||||
26 | date
of issuance thereof, and the written request shall |
| |||||||
| |||||||
1 | contain the last known
address of other parties in interest | ||||||
2 | and their attorneys of record who are
to be served by | ||||||
3 | summons. Service upon any member of the Commission or the
| ||||||
4 | Secretary or the Assistant Secretary thereof shall be | ||||||
5 | service upon the
Commission, and service upon other parties | ||||||
6 | in interest and their attorneys
of record shall be by | ||||||
7 | summons, and such service shall be made upon the
Commission | ||||||
8 | and other parties in interest by mailing notices of the
| ||||||
9 | commencement of the proceedings and the return day of the | ||||||
10 | summons to the
office of the Commission and to the last | ||||||
11 | known place of residence of other
parties in interest or | ||||||
12 | their attorney or attorneys of record. The clerk of
the | ||||||
13 | court issuing the summons shall on the day of issue mail | ||||||
14 | notice of the
commencement of the proceedings which shall | ||||||
15 | be done by mailing a copy of
the summons to the office of | ||||||
16 | the Commission, and a copy of the summons to
the other | ||||||
17 | parties in interest or their attorney or attorneys of | ||||||
18 | record and
the clerk of the court shall make certificate | ||||||
19 | that he has so sent said
notices in pursuance of this | ||||||
20 | Section, which shall be evidence of service on
the | ||||||
21 | Commission and other parties in interest.
| ||||||
22 | The Commission shall not be required to certify the | ||||||
23 | record of their
proceedings to the Circuit Court, unless | ||||||
24 | the party commencing the
proceedings for review in the | ||||||
25 | Circuit Court as above provided, shall pay
to the | ||||||
26 | Commission the sum of 80¢ per page of testimony taken |
| |||||||
| |||||||
1 | before the
Commission, and 35¢ per page of all other | ||||||
2 | matters contained in such
record, except as otherwise | ||||||
3 | provided by Section 20 of this Act. Payment
for photostatic | ||||||
4 | copies of exhibit shall be extra. It shall be the duty
of | ||||||
5 | the Commission upon receipt of the summons from the Circuit | ||||||
6 | Court such payment, or failure to pay as permitted
under | ||||||
7 | Section 20 of this Act, to prepare a true and correct | ||||||
8 | typewritten
copy of such testimony and a true and correct | ||||||
9 | copy of all other matters
contained in such record and | ||||||
10 | certified to by the Secretary or Assistant
Secretary | ||||||
11 | thereof. The changes made to this subdivision (f)(1) by | ||||||
12 | this amendatory Act of the 98th General Assembly apply to | ||||||
13 | any Commission decision received after the effective date | ||||||
14 | of this amendatory Act of the 98th General Assembly.
| ||||||
15 | No In its decision on review the Commission shall | ||||||
16 | determine in each
particular case the amount of the | ||||||
17 | probable cost of the record to be
filed as a part of the | ||||||
18 | summons in that case and no request for a summons
may be | ||||||
19 | filed and no summons shall issue unless the party seeking | ||||||
20 | to review
the decision of the Commission shall exhibit to | ||||||
21 | the clerk of the Circuit
Court proof of payment by filing a | ||||||
22 | receipt showing notice of the intent to file an appeal or | ||||||
23 | an affidavit by an attorney setting forth notice of the | ||||||
24 | intent to file an appeal has been received by payment or an | ||||||
25 | affidavit
of the attorney setting forth that payment has | ||||||
26 | been made of the sums so
determined to the Secretary or |
| |||||||
| |||||||
1 | Assistant Secretary of the Commission ,
except as otherwise | ||||||
2 | provided by Section 20 of this Act .
| ||||||
3 | (2) No such summons shall issue unless the one against | ||||||
4 | whom the
Commission shall have rendered an award for the | ||||||
5 | payment of money shall upon
the filing of his written | ||||||
6 | request for such summons file with the clerk of
the court a | ||||||
7 | bond conditioned that if he shall not successfully
| ||||||
8 | prosecute the review, he will pay the award and the costs | ||||||
9 | of the
proceedings in the courts. The amount of the bond | ||||||
10 | shall be fixed by any
member of the Commission and the | ||||||
11 | surety or sureties of the bond shall be
approved by the | ||||||
12 | clerk of the court. The acceptance of the bond by the
clerk | ||||||
13 | of the court shall constitute evidence of his approval of | ||||||
14 | the bond.
| ||||||
15 | Every county, city, town, township, incorporated | ||||||
16 | village, school
district, body politic or municipal | ||||||
17 | corporation against whom the
Commission shall have | ||||||
18 | rendered an award for the payment of money shall
not be | ||||||
19 | required to file a bond to secure the payment of the award | ||||||
20 | and
the costs of the proceedings in the court to authorize | ||||||
21 | the court to
issue such summons.
| ||||||
22 | The court may confirm or set aside the decision of the | ||||||
23 | Commission. If
the decision is set aside and the facts | ||||||
24 | found in the proceedings before
the Commission are | ||||||
25 | sufficient, the court may enter such decision as is
| ||||||
26 | justified by law, or may remand the cause to the Commission |
| |||||||
| |||||||
1 | for further
proceedings and may state the questions | ||||||
2 | requiring further hearing, and
give such other | ||||||
3 | instructions as may be proper. Appeals shall be taken
to | ||||||
4 | the Appellate Court in accordance
with Supreme Court Rules | ||||||
5 | 22(g) and 303. Appeals
shall be taken from the Appellate
| ||||||
6 | Court to the Supreme Court in accordance with Supreme Court | ||||||
7 | Rule 315.
| ||||||
8 | It shall be the duty of the clerk of any court | ||||||
9 | rendering a decision
affecting or affirming an award of the | ||||||
10 | Commission to promptly furnish
the Commission with a copy | ||||||
11 | of such decision, without charge.
| ||||||
12 | The decision of a majority of the members of the panel | ||||||
13 | of the Commission,
shall be considered the decision of the | ||||||
14 | Commission.
| ||||||
15 | (g) Except in the case of a claim against the State of | ||||||
16 | Illinois,
either party may present a certified copy of the | ||||||
17 | award of the
Arbitrator, or a certified copy of the decision of | ||||||
18 | the Commission when
the same has become final, when no | ||||||
19 | proceedings for review are pending,
providing for the payment | ||||||
20 | of compensation according to this Act, to the
Circuit Court of | ||||||
21 | the county in which such accident occurred or either of
the | ||||||
22 | parties are residents, whereupon the court shall enter a | ||||||
23 | judgment
in accordance therewith. In a case where the employer | ||||||
24 | refuses to pay
compensation according to such final award or | ||||||
25 | such final decision upon
which such judgment is entered the | ||||||
26 | court shall in entering judgment
thereon, tax as costs against |
| |||||||
| |||||||
1 | him the reasonable costs and attorney fees
in the arbitration | ||||||
2 | proceedings and in the court entering the judgment
for the | ||||||
3 | person in whose favor the judgment is entered, which judgment
| ||||||
4 | and costs taxed as therein provided shall, until and unless set | ||||||
5 | aside,
have the same effect as though duly entered in an action | ||||||
6 | duly tried and
determined by the court, and shall with like | ||||||
7 | effect, be entered and
docketed. The Circuit Court shall have | ||||||
8 | power at any time upon
application to make any such judgment | ||||||
9 | conform to any modification
required by any subsequent decision | ||||||
10 | of the Supreme Court upon appeal, or
as the result of any | ||||||
11 | subsequent proceedings for review, as provided in
this Act.
| ||||||
12 | Judgment shall not be entered until 15 days' notice of the | ||||||
13 | time and
place of the application for the entry of judgment | ||||||
14 | shall be served upon
the employer by filing such notice with | ||||||
15 | the Commission, which Commission
shall, in case it has on file | ||||||
16 | the address of the employer or the name
and address of its | ||||||
17 | agent upon whom notices may be served, immediately
send a copy | ||||||
18 | of the notice to the employer or such designated agent.
| ||||||
19 | (h) An agreement or award under this Act providing for | ||||||
20 | compensation
in installments, may at any time within 18 months | ||||||
21 | after such agreement
or award be reviewed by the Commission at | ||||||
22 | the request of either the
employer or the employee, on the | ||||||
23 | ground that the disability of the
employee has subsequently | ||||||
24 | recurred, increased, diminished or ended.
| ||||||
25 | However, as to accidents occurring subsequent to July 1, | ||||||
26 | 1955, which
are covered by any agreement or award under this |
| |||||||
| |||||||
1 | Act providing for
compensation in installments made as a result | ||||||
2 | of such accident, such
agreement or award may at any time | ||||||
3 | within 30 months, or 60 months in the case of an award under | ||||||
4 | Section 8(d)1, after such agreement
or award be reviewed by the | ||||||
5 | Commission at the request of either the
employer or the | ||||||
6 | employee on the ground that the disability of the
employee has | ||||||
7 | subsequently recurred, increased, diminished or ended.
| ||||||
8 | On such review, compensation payments may be | ||||||
9 | re-established,
increased, diminished or ended. The Commission | ||||||
10 | shall give 15 days'
notice to the parties of the hearing for | ||||||
11 | review. Any employee, upon any
petition for such review being | ||||||
12 | filed by the employer, shall be entitled
to one day's notice | ||||||
13 | for each 100 miles necessary to be traveled by him in
attending | ||||||
14 | the hearing of the Commission upon the petition, and 3 days in
| ||||||
15 | addition thereto. Such employee shall, at the discretion of the
| ||||||
16 | Commission, also be entitled to 5 cents per mile necessarily | ||||||
17 | traveled by
him within the State of Illinois in attending such | ||||||
18 | hearing, not to
exceed a distance of 300 miles, to be taxed by | ||||||
19 | the Commission as costs
and deposited with the petition of the | ||||||
20 | employer.
| ||||||
21 | When compensation which is payable in accordance with an | ||||||
22 | award or
settlement contract approved by the Commission, is | ||||||
23 | ordered paid in a
lump sum by the Commission, no review shall | ||||||
24 | be had as in this paragraph
mentioned.
| ||||||
25 | (i) Each party, upon taking any proceedings or steps | ||||||
26 | whatsoever
before any Arbitrator, Commission or court, shall |
| |||||||
| |||||||
1 | file with the Commission
his address, or the name and address | ||||||
2 | of any agent upon whom all notices to
be given to such party | ||||||
3 | shall be served, either personally or by registered
mail, | ||||||
4 | addressed to such party or agent at the last address so filed | ||||||
5 | with
the Commission. In the event such party has not filed his | ||||||
6 | address, or the
name and address of an agent as above provided, | ||||||
7 | service of any notice may
be had by filing such notice with the | ||||||
8 | Commission.
| ||||||
9 | (j) Whenever in any proceeding testimony has been taken or | ||||||
10 | a final
decision has been rendered and after the taking of such | ||||||
11 | testimony or
after such decision has become final, the injured | ||||||
12 | employee dies, then in
any subsequent proceedings brought by | ||||||
13 | the personal representative or
beneficiaries of the deceased | ||||||
14 | employee, such testimony in the former
proceeding may be | ||||||
15 | introduced with the same force and effect as though
the witness | ||||||
16 | having so testified were present in person in such
subsequent | ||||||
17 | proceedings and such final decision, if any, shall be taken
as | ||||||
18 | final adjudication of any of the issues which are the same in | ||||||
19 | both
proceedings.
| ||||||
20 | (k) In case where there has been any unreasonable or | ||||||
21 | vexatious delay
of payment or intentional underpayment of | ||||||
22 | compensation, or proceedings
have been instituted or carried on | ||||||
23 | by the one liable to pay the
compensation, which do not present | ||||||
24 | a real controversy, but are merely
frivolous or for delay, then | ||||||
25 | the Commission may award compensation
additional to that | ||||||
26 | otherwise payable under this Act equal to 50% of the
amount |
| |||||||
| |||||||
1 | payable at the time of such award. Failure to pay compensation
| ||||||
2 | in accordance with the provisions of Section 8, paragraph (b) | ||||||
3 | of this
Act, shall be considered unreasonable delay.
| ||||||
4 | When determining whether this subsection (k) shall apply, | ||||||
5 | the
Commission shall consider whether an Arbitrator has | ||||||
6 | determined
that the claim is not compensable or whether the | ||||||
7 | employer has
made payments under Section 8(j). | ||||||
8 | (l) If the employee has made written demand for payment of
| ||||||
9 | benefits under Section 8(a) or Section 8(b), the employer shall
| ||||||
10 | have 14 days after receipt of the demand to set forth in
| ||||||
11 | writing the reason for the delay. In the case of demand for
| ||||||
12 | payment of medical benefits under Section 8(a), the time for
| ||||||
13 | the employer to respond shall not commence until the expiration
| ||||||
14 | of the allotted 30 days specified under Section 8.2(d). In case
| ||||||
15 | the employer or his or her insurance carrier shall without good | ||||||
16 | and
just cause fail, neglect, refuse, or unreasonably delay the
| ||||||
17 | payment of benefits under Section 8(a) or Section 8(b), the
| ||||||
18 | Arbitrator or the Commission shall allow to the employee
| ||||||
19 | additional compensation in the sum of $30 per day for each day
| ||||||
20 | that the benefits under Section 8(a) or Section 8(b) have been
| ||||||
21 | so withheld or refused, not to exceed $10,000.
A delay in | ||||||
22 | payment of 14 days or more
shall create a rebuttable | ||||||
23 | presumption of unreasonable delay.
| ||||||
24 | (m) If the commission finds that an accidental injury was | ||||||
25 | directly
and proximately caused by the employer's wilful | ||||||
26 | violation of a health
and safety standard under the Health and |
| |||||||
| |||||||
1 | Safety Act in force at the time of the
accident, the arbitrator | ||||||
2 | or the Commission shall allow to the injured
employee or his | ||||||
3 | dependents, as the case may be, additional compensation
equal | ||||||
4 | to 25% of the amount which otherwise would be payable under the
| ||||||
5 | provisions of this Act exclusive of this paragraph. The | ||||||
6 | additional
compensation herein provided shall be allowed by an | ||||||
7 | appropriate increase
in the applicable weekly compensation | ||||||
8 | rate.
| ||||||
9 | (n) After June 30, 1984, decisions of the Illinois Workers' | ||||||
10 | Compensation Commission
reviewing an award of an arbitrator of | ||||||
11 | the Commission shall draw interest
at a rate equal to the yield | ||||||
12 | on indebtedness issued by the United States
Government with a | ||||||
13 | 26-week maturity next previously auctioned on the day on
which | ||||||
14 | the decision is filed. Said rate of interest shall be set forth | ||||||
15 | in
the Arbitrator's Decision. Interest shall be drawn from the | ||||||
16 | date of the
arbitrator's award on all accrued compensation due | ||||||
17 | the employee through the
day prior to the date of payments. | ||||||
18 | However, when an employee appeals an
award of an Arbitrator or | ||||||
19 | the Commission, and the appeal results in no
change or a | ||||||
20 | decrease in the award, interest shall not further accrue from
| ||||||
21 | the date of such appeal.
| ||||||
22 | The employer or his insurance carrier may tender the | ||||||
23 | payments due under
the award to stop the further accrual of | ||||||
24 | interest on such award
notwithstanding the prosecution by | ||||||
25 | either party of review, certiorari,
appeal to the Supreme Court | ||||||
26 | or other steps to reverse, vacate or modify
the award.
|
| |||||||
| |||||||
1 | (o) By the 15th day of each month each insurer providing | ||||||
2 | coverage for
losses under this Act shall notify each insured | ||||||
3 | employer of any compensable
claim incurred during the preceding | ||||||
4 | month and the amounts paid or reserved
on the claim including a | ||||||
5 | summary of the claim and a brief statement of the
reasons for | ||||||
6 | compensability. A cumulative report of all claims incurred
| ||||||
7 | during a calendar year or continued from the previous year | ||||||
8 | shall be
furnished to the insured employer by the insurer | ||||||
9 | within 30 days after the
end of that calendar year.
| ||||||
10 | The insured employer may challenge, in proceeding before | ||||||
11 | the Commission,
payments made by the insurer without | ||||||
12 | arbitration and payments
made after a case is determined to be | ||||||
13 | noncompensable. If the Commission
finds that the case was not | ||||||
14 | compensable, the insurer shall purge its records
as to that | ||||||
15 | employer of any loss or expense associated with the claim, | ||||||
16 | reimburse
the employer for attorneys' fees arising from the | ||||||
17 | challenge and for any
payment required of the employer to the | ||||||
18 | Rate Adjustment Fund or the
Second Injury Fund, and may not | ||||||
19 | reflect the loss or expense for rate making
purposes. The | ||||||
20 | employee shall not be required to refund the challenged
| ||||||
21 | payment. The decision of the Commission may be reviewed in the | ||||||
22 | same manner
as in arbitrated cases. No challenge may be | ||||||
23 | initiated under this paragraph
more than 3 years after the | ||||||
24 | payment is made. An employer may waive the
right of challenge | ||||||
25 | under this paragraph on a case by case basis.
| ||||||
26 | (p) After filing an application for adjustment of claim but |
| |||||||
| |||||||
1 | prior to
the hearing on arbitration the parties may voluntarily | ||||||
2 | agree to submit such
application for adjustment of claim for | ||||||
3 | decision by an arbitrator under
this subsection (p) where such | ||||||
4 | application for adjustment of claim raises
only a dispute over | ||||||
5 | temporary total disability, permanent partial
disability or | ||||||
6 | medical expenses. Such agreement shall be in writing in such
| ||||||
7 | form as provided by the Commission. Applications for adjustment | ||||||
8 | of claim
submitted for decision by an arbitrator under this | ||||||
9 | subsection (p) shall
proceed according to rule as established | ||||||
10 | by the Commission. The Commission
shall promulgate rules | ||||||
11 | including, but not limited to, rules to ensure that
the parties | ||||||
12 | are adequately informed of their rights under this subsection
| ||||||
13 | (p) and of the voluntary nature of proceedings under this | ||||||
14 | subsection (p).
The findings of fact made by an arbitrator | ||||||
15 | acting within his or her powers
under this subsection (p) in | ||||||
16 | the absence of fraud shall be conclusive.
However, the | ||||||
17 | arbitrator may on his own motion, or the motion of either
| ||||||
18 | party, correct any clerical errors or errors in computation | ||||||
19 | within 15 days
after the date of receipt of such award of the | ||||||
20 | arbitrator
and shall have the power to recall the original | ||||||
21 | award on arbitration, and
issue in lieu thereof such corrected | ||||||
22 | award.
The decision of the arbitrator under this subsection (p) | ||||||
23 | shall be
considered the decision of the Commission and | ||||||
24 | proceedings for review of
questions of law arising from the | ||||||
25 | decision may be commenced by either party
pursuant to | ||||||
26 | subsection (f) of Section 19. The Advisory Board established
|
| |||||||
| |||||||
1 | under Section 13.1 shall compile a list of certified Commission
| ||||||
2 | arbitrators, each of whom shall be approved by at least 7 | ||||||
3 | members of the
Advisory Board. The chairman shall select 5 | ||||||
4 | persons from such list to
serve as arbitrators under this | ||||||
5 | subsection (p). By agreement, the parties
shall select one | ||||||
6 | arbitrator from among the 5 persons selected by the
chairman | ||||||
7 | except that if the parties do not agree on an arbitrator from
| ||||||
8 | among the 5 persons, the parties may, by agreement, select an | ||||||
9 | arbitrator of
the American Arbitration Association, whose fee | ||||||
10 | shall be paid by the State
in accordance with rules promulgated | ||||||
11 | by the Commission. Arbitration under
this subsection (p) shall | ||||||
12 | be voluntary.
| ||||||
13 | (Source: P.A. 97-18, eff. 6-28-11.)
| ||||||
14 | (820 ILCS 305/19a) (from Ch. 48, par. 138.19b)
| ||||||
15 | Sec. 19a.
Money received by the Commission pursuant to | ||||||
16 | subsection (f) of
Section 19 of this Act shall be paid into a | ||||||
17 | trust fund outside the State
Treasury and shall be held in such | ||||||
18 | fund until completion of the record for
which the payment was | ||||||
19 | made. The Secretary of the Commission shall be
ex-officio | ||||||
20 | custodian of such trust fund which shall be used only for the
| ||||||
21 | purpose specified in this section. Upon completion of the | ||||||
22 | record the
Secretary shall pay the amount so held to the person | ||||||
23 | entitled thereto for
preparation of the record. Within 60 days | ||||||
24 | after the effective date of this amendatory Act of the 98th | ||||||
25 | General Assembly, the Secretary of the Commission shall |
| |||||||
| |||||||
1 | transfer all remaining funds to the Injured Workers' Benefit | ||||||
2 | Fund for the purpose of paying claims from injured employees | ||||||
3 | who have received a final award for benefits from the | ||||||
4 | Commission against the employer in Fiscal Year 2013.
| ||||||
5 | (Source: Laws 1967, p. 324.)
| ||||||
6 | (820 ILCS 305/20) (from Ch. 48, par. 138.20)
| ||||||
7 | Sec. 20.
If the Commission shall, before or after any | ||||||
8 | hearing, proceeding,
or review to any court, be satisfied that | ||||||
9 | the employee is a poor person,
and unable to pay the costs and | ||||||
10 | expenses provided for by this Act, the
Commission shall permit | ||||||
11 | such poor person to have all the rights and
remedies provided | ||||||
12 | by this Act, including the issuance and service of
subpoenas; a | ||||||
13 | transcript of testimony and the record of proceedings,
| ||||||
14 | including photostatic copies of exhibits, at
hearings before an | ||||||
15 | Arbitrator or the Commission; the right to have the
record of | ||||||
16 | proceedings certified to the circuit court; the right to the
| ||||||
17 | filing of a written request for summons; and the right to the
| ||||||
18 | issuance of summons, without the filing of a bond for costs
and | ||||||
19 | without the payment of any of the costs provided for by this | ||||||
20 | Act. If
an award is granted to such employee, or settlement is | ||||||
21 | made, the costs and
expenses chargeable to the employee as | ||||||
22 | provided for by this Act shall be
paid by the employer out of | ||||||
23 | the award herein granted, or settlement, before
any of the | ||||||
24 | balance of the award or settlement is paid to the
employee.
| ||||||
25 | (Source: P.A. 86-998.)
|
| |||||||
| |||||||
1 | Section 10. The Workers' Occupational Diseases Act is | ||||||
2 | amended by changing Sections 19, 19a, and 19.5 as follows:
| ||||||
3 | (820 ILCS 310/19) (from Ch. 48, par. 172.54)
| ||||||
4 | Sec. 19. Any disputed questions of law or fact shall be | ||||||
5 | determined as
herein provided.
| ||||||
6 | (a) It shall be the duty of the Commission upon | ||||||
7 | notification that
the parties have failed to reach an agreement | ||||||
8 | to designate an
Arbitrator.
| ||||||
9 | (1) The application for adjustment of claim filed with | ||||||
10 | the
Commission shall state:
| ||||||
11 | A. The approximate date of the last day of the last | ||||||
12 | exposure and the
approximate date of the disablement.
| ||||||
13 | B. The general nature and character of the illness | ||||||
14 | or disease
claimed.
| ||||||
15 | C. The name and address of the employer by whom | ||||||
16 | employed on the last
day of the last exposure and if | ||||||
17 | employed by any other employer after
such last exposure | ||||||
18 | and before disablement the name and address of such
| ||||||
19 | other employer or employers.
| ||||||
20 | D. In case of death, the date and place of death.
| ||||||
21 | (2) Amendments to applications for adjustment of claim | ||||||
22 | which relate
to the same disablement or disablement | ||||||
23 | resulting in death originally
claimed upon may be allowed | ||||||
24 | by the Commissioner or an Arbitrator
thereof, in their |
| |||||||
| |||||||
1 | discretion, and in the exercise of such discretion,
they | ||||||
2 | may in proper cases order a trial de novo; such amendment | ||||||
3 | shall
relate back to the date of the filing of the original | ||||||
4 | application so
amended.
| ||||||
5 | (3) Whenever any claimant misconceives his remedy and | ||||||
6 | files an
application for adjustment of claim under this Act | ||||||
7 | and it is
subsequently discovered, at any time before final | ||||||
8 | disposition of such
cause, that the claim for disability or | ||||||
9 | death which was the basis for
such application should | ||||||
10 | properly have been made under the Workers'
Compensation | ||||||
11 | Act, then the provisions of Section 19 paragraph (a-1) of
| ||||||
12 | the Workers' Compensation Act having reference to such | ||||||
13 | application shall
apply.
| ||||||
14 | Whenever any claimant misconceives his remedy and | ||||||
15 | files an
application for adjustment of claim under the | ||||||
16 | Workers' Compensation Act
and it is subsequently | ||||||
17 | discovered, at any time before final disposition
of such | ||||||
18 | cause that the claim for injury or death which was the | ||||||
19 | basis for
such application should properly have been made | ||||||
20 | under this Act, then the
application so filed under the | ||||||
21 | Workers' Compensation Act may be amended
in form, substance | ||||||
22 | or both to assert claim for such disability or death
under | ||||||
23 | this Act and it shall be deemed to have been so filed as | ||||||
24 | amended
on the date of the original filing thereof, and | ||||||
25 | such compensation may be
awarded as is warranted by the | ||||||
26 | whole evidence pursuant to the provisions
of this Act. When |
| |||||||
| |||||||
1 | such amendment is submitted, further or additional
| ||||||
2 | evidence may be heard by the Arbitrator or Commission when | ||||||
3 | deemed
necessary; provided, that nothing in this Section | ||||||
4 | contained shall be
construed to be or permit a waiver of | ||||||
5 | any provisions of this Act with
reference to notice, but | ||||||
6 | notice if given shall be deemed to be a notice
under the | ||||||
7 | provisions of this Act if given within the time required
| ||||||
8 | herein.
| ||||||
9 | (b) The Arbitrator shall make such inquiries and | ||||||
10 | investigations as he
shall deem necessary and may examine and | ||||||
11 | inspect all books, papers,
records, places, or premises | ||||||
12 | relating to the questions in dispute and hear
such proper | ||||||
13 | evidence as the parties may submit.
| ||||||
14 | The hearings before the Arbitrator shall be held in the | ||||||
15 | vicinity where
the last exposure occurred, after 10 days' | ||||||
16 | notice of the time and place of
such hearing shall have been | ||||||
17 | given to each of the parties or their attorneys of record.
| ||||||
18 | The Arbitrator may find that the disabling condition is | ||||||
19 | temporary and has
not yet reached a permanent condition and may | ||||||
20 | order the payment of
compensation up to the date of the | ||||||
21 | hearing, which award shall be reviewable
and enforceable in the | ||||||
22 | same manner as other awards, and in no instance be a
bar to a | ||||||
23 | further hearing and determination of a further amount of | ||||||
24 | temporary
total compensation or of compensation for permanent | ||||||
25 | disability, but shall
be conclusive as to all other questions | ||||||
26 | except the nature and extent of such
disability.
|
| |||||||
| |||||||
1 | The decision of the Arbitrator shall be filed with the | ||||||
2 | Commission which
Commission shall immediately send to each | ||||||
3 | party or his attorney a copy of
such decision, together with a | ||||||
4 | notification of the time when it was filed.
As of the effective | ||||||
5 | date of this amendatory Act of the 94th General Assembly, all | ||||||
6 | decisions of the Arbitrator shall set forth
in writing findings | ||||||
7 | of fact and conclusions of law, separately stated, if requested | ||||||
8 | by either party.
Unless a petition for review is filed by | ||||||
9 | either party within 30 days after
the receipt by such party of | ||||||
10 | the copy of the decision and notification of
time when filed, | ||||||
11 | and unless such party petitioning for a review shall
within 35 | ||||||
12 | days after the receipt by him of the copy of the decision, file
| ||||||
13 | with the Commission either an agreed statement of the facts | ||||||
14 | appearing upon
the hearing before the Arbitrator, or if such | ||||||
15 | party shall so elect a
correct transcript of evidence of the | ||||||
16 | proceedings at such hearings, then
the decision shall become | ||||||
17 | the decision of the Commission and in the absence
of fraud | ||||||
18 | shall be conclusive. The Petition for Review shall contain a
| ||||||
19 | statement of the petitioning party's specific exceptions to the | ||||||
20 | decision of
the arbitrator. The jurisdiction of the Commission | ||||||
21 | to review the decision
of the arbitrator shall not be limited | ||||||
22 | to the exceptions stated in the
Petition for Review. The | ||||||
23 | Commission, or any member thereof, may grant
further time not | ||||||
24 | exceeding 30 days, in which to file such agreed statement
or | ||||||
25 | transcript of evidence. Such agreed statement of facts or | ||||||
26 | correct
transcript of evidence, as the case may be, shall be |
| |||||||
| |||||||
1 | authenticated by the
signatures of the parties or their | ||||||
2 | attorneys, and in the event they do not
agree as to the | ||||||
3 | correctness of the transcript of evidence it shall be
| ||||||
4 | authenticated by the signature of the Arbitrator designated by | ||||||
5 | the Commission.
| ||||||
6 | Whether the employee is working or not, if the employee is | ||||||
7 | not receiving or has not received medical, surgical, or | ||||||
8 | hospital services or other services or compensation as provided | ||||||
9 | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | ||||||
10 | or compensation as provided in paragraph (b) of Section 8 of | ||||||
11 | the Workers' Compensation
Act, the employee may at any time | ||||||
12 | petition for an expedited hearing by an Arbitrator on the issue | ||||||
13 | of whether or not he or she is entitled to receive payment of | ||||||
14 | the services or compensation. Provided the employer continues | ||||||
15 | to pay compensation pursuant to paragraph (b) of Section 8 of | ||||||
16 | the Workers' Compensation
Act, the employer may at any time | ||||||
17 | petition for an expedited hearing on the issue of whether or | ||||||
18 | not the employee is entitled to receive medical, surgical, or | ||||||
19 | hospital services or other services or compensation as provided | ||||||
20 | in paragraph (a) of Section 8 of the Workers' Compensation
Act, | ||||||
21 | or compensation as provided in paragraph (b) of Section 8 of | ||||||
22 | the Workers' Compensation
Act. When an employer has petitioned | ||||||
23 | for an expedited hearing, the employer shall continue to pay | ||||||
24 | compensation as provided in paragraph (b) of Section 8 of the | ||||||
25 | Workers' Compensation
Act unless the arbitrator renders a | ||||||
26 | decision that the employee is not entitled to the benefits that |
| |||||||
| |||||||
1 | are the subject of the expedited hearing or unless the | ||||||
2 | employee's treating physician has released the employee to | ||||||
3 | return to work at his or her regular job with the employer or | ||||||
4 | the employee actually returns to work at any other job. If the | ||||||
5 | arbitrator renders a decision that the employee is not entitled | ||||||
6 | to the benefits that are the subject of the expedited hearing, | ||||||
7 | a petition for review filed by the employee shall receive the | ||||||
8 | same priority as if the employee had filed a petition for an | ||||||
9 | expedited hearing by an arbitrator. Neither party shall be | ||||||
10 | entitled to an expedited hearing when the employee has returned | ||||||
11 | to work and the sole issue in dispute amounts to less than 12 | ||||||
12 | weeks of unpaid compensation pursuant to paragraph (b) of | ||||||
13 | Section 8 of the Workers' Compensation
Act. | ||||||
14 | Expedited hearings shall have priority over all other | ||||||
15 | petitions and shall be heard by the Arbitrator and Commission | ||||||
16 | with all convenient speed. Any party requesting an expedited | ||||||
17 | hearing shall give notice of a request for an expedited hearing | ||||||
18 | under this paragraph. A copy of the Application for Adjustment | ||||||
19 | of Claim shall be attached to the notice. The Commission shall | ||||||
20 | adopt rules and procedures under which the final decision of | ||||||
21 | the Commission under this paragraph is filed not later than 180 | ||||||
22 | days from the date that the Petition for Review is filed with | ||||||
23 | the Commission. | ||||||
24 | Where 2 or more insurance carriers, private self-insureds, | ||||||
25 | or a group workers' compensation pool under Article V 3/4 of | ||||||
26 | the Illinois Insurance Code dispute coverage for the same |
| |||||||
| |||||||
1 | disease, any such insurance carrier, private self-insured, or | ||||||
2 | group workers' compensation pool may request an expedited | ||||||
3 | hearing pursuant to this paragraph to determine the issue of | ||||||
4 | coverage, provided coverage is the only issue in dispute and | ||||||
5 | all other issues are stipulated and agreed to and further | ||||||
6 | provided that all compensation benefits including medical | ||||||
7 | benefits pursuant to Section 8(a) of the Workers' Compensation
| ||||||
8 | Act continue to be paid to or on behalf of petitioner. Any | ||||||
9 | insurance carrier, private self-insured, or group workers' | ||||||
10 | compensation pool that is determined to be liable for coverage | ||||||
11 | for the disease in issue shall reimburse any insurance carrier, | ||||||
12 | private self-insured, or group workers' compensation pool that | ||||||
13 | has paid benefits to or on behalf of petitioner for the | ||||||
14 | disease.
| ||||||
15 | (b-1) If the employee is not receiving, pursuant to Section | ||||||
16 | 7, medical,
surgical or hospital services of the type provided | ||||||
17 | for in paragraph (a) of
Section 8 of the Workers' Compensation | ||||||
18 | Act or compensation of the type
provided for in paragraph (b) | ||||||
19 | of Section 8 of the Workers' Compensation
Act, the employee, in | ||||||
20 | accordance with Commission Rules, may file a petition
for an | ||||||
21 | emergency hearing by an Arbitrator on the issue of whether or | ||||||
22 | not he
is entitled to receive payment of such compensation or | ||||||
23 | services as provided
therein. Such petition shall have priority | ||||||
24 | over all other petitions and
shall be heard by the Arbitrator | ||||||
25 | and Commission with all convenient speed.
| ||||||
26 | Such petition shall contain the following information and |
| |||||||
| |||||||
1 | shall be served
on the employer at least 15 days before it is | ||||||
2 | filed:
| ||||||
3 | (i) the date and approximate time of the last exposure;
| ||||||
4 | (ii) the approximate location of the last exposure;
| ||||||
5 | (iii) a description of the last exposure;
| ||||||
6 | (iv) the nature of the disability incurred by the | ||||||
7 | employee;
| ||||||
8 | (v) the identity of the person, if known, to whom the | ||||||
9 | disability was
reported and the date on which it was | ||||||
10 | reported;
| ||||||
11 | (vi) the name and title of the person, if known, | ||||||
12 | representing the
employer with whom the employee conferred | ||||||
13 | in any effort to obtain pursuant
to Section 7 compensation | ||||||
14 | of the type provided for in paragraph (b) of
Section 8 of | ||||||
15 | the Workers' Compensation Act or medical, surgical or | ||||||
16 | hospital
services of the type provided for in paragraph (a) | ||||||
17 | of Section 8 of the
Workers' Compensation Act and the date | ||||||
18 | of such conference;
| ||||||
19 | (vii) a statement that the employer has refused to pay | ||||||
20 | compensation
pursuant to Section 7 of the type provided for | ||||||
21 | in paragraph (b) of Section
8 of the Workers' Compensation | ||||||
22 | Act or for medical, surgical
or hospital services pursuant | ||||||
23 | to Section 7 of the type provided for in
paragraph (a) of | ||||||
24 | Section 8 of the Workers' Compensation Act;
| ||||||
25 | (viii) the name and address, if known, of each witness | ||||||
26 | to the last
exposure and of each other person upon whom the |
| |||||||
| |||||||
1 | employee will rely to
support his allegations;
| ||||||
2 | (ix) the dates of treatment related to the disability | ||||||
3 | by medical
practitioners, and the names and addresses of | ||||||
4 | such practitioners, including
the dates of treatment | ||||||
5 | related to the disability at any hospitals and the
names | ||||||
6 | and addresses of such hospitals, and a signed authorization
| ||||||
7 | permitting the employer to examine all medical records of | ||||||
8 | all practitioners
and hospitals named pursuant to this | ||||||
9 | paragraph;
| ||||||
10 | (x) a copy of a signed report by a medical | ||||||
11 | practitioner, relating to the
employee's current inability | ||||||
12 | to return to work because of the disability
incurred as a | ||||||
13 | result of the exposure or such other documents or | ||||||
14 | affidavits
which show that the employee is entitled to | ||||||
15 | receive pursuant to Section 7
compensation of the type | ||||||
16 | provided for in paragraph (b) of Section 8 of the
Workers' | ||||||
17 | Compensation Act or medical, surgical or hospital services | ||||||
18 | of the
type provided for in paragraph (a) of Section 8 of | ||||||
19 | the Workers'
Compensation Act. Such reports, documents or | ||||||
20 | affidavits shall state, if
possible, the history of the | ||||||
21 | exposure given by the employee, and describe
the disability | ||||||
22 | and medical diagnosis, the medical services for such
| ||||||
23 | disability which the employee has received and is | ||||||
24 | receiving, the physical
activities which the employee | ||||||
25 | cannot currently perform as a result of such
disability, | ||||||
26 | and the prognosis for recovery;
|
| |||||||
| |||||||
1 | (xi) complete copies of any reports, records, | ||||||
2 | documents and affidavits
in the possession of the employee | ||||||
3 | on which the employee will rely to
support his allegations, | ||||||
4 | provided that the employer shall pay the
reasonable cost of | ||||||
5 | reproduction thereof;
| ||||||
6 | (xii) a list of any reports, records, documents and | ||||||
7 | affidavits which
the employee has demanded by subpoena and | ||||||
8 | on which he intends to
rely to support his allegations;
| ||||||
9 | (xiii) a certification signed by the employee or his | ||||||
10 | representative that
the employer has received the petition | ||||||
11 | with the required information 15
days before filing.
| ||||||
12 | Fifteen days after receipt by the employer of the petition | ||||||
13 | with the
required information the employee may file said | ||||||
14 | petition and required
information and shall serve notice of the | ||||||
15 | filing upon the employer. The
employer may file a motion | ||||||
16 | addressed to the sufficiency of the petition.
If an objection | ||||||
17 | has been filed to the sufficiency of the petition, the
| ||||||
18 | arbitrator shall rule on the objection within 2 working days. | ||||||
19 | If such an
objection is filed, the time for filing the final | ||||||
20 | decision of the Commission
as provided in this paragraph shall | ||||||
21 | be tolled until the arbitrator has
determined that the petition | ||||||
22 | is sufficient.
| ||||||
23 | The employer shall, within 15 days after receipt of the | ||||||
24 | notice that such
petition is filed, file with the Commission | ||||||
25 | and serve on the employee or
his representative a written | ||||||
26 | response to each claim set
forth in the petition, including the |
| |||||||
| |||||||
1 | legal and factual basis for each
disputed allegation and the | ||||||
2 | following information: (i)
complete copies of any reports, | ||||||
3 | records, documents and affidavits
in the possession of the | ||||||
4 | employer on which the employer intends to rely in
support of | ||||||
5 | his response, (ii) a list of any reports, records, documents | ||||||
6 | and
affidavits which the employer has demanded by subpoena and | ||||||
7 | on which the
employer intends to rely in support of his | ||||||
8 | response, (iii) the name and address
of each witness on whom | ||||||
9 | the employer will rely to support his response,
and (iv) the | ||||||
10 | names and addresses of any medical practitioners
selected by | ||||||
11 | the employer pursuant to Section 12 of this Act and the time
| ||||||
12 | and place of any examination scheduled to be made pursuant to | ||||||
13 | such Section.
| ||||||
14 | Any employer who does not timely file and serve a written | ||||||
15 | response
without good cause may not introduce any evidence to | ||||||
16 | dispute any claim of
the employee but may cross examine the | ||||||
17 | employee or any witness brought by
the employee and otherwise | ||||||
18 | be heard.
| ||||||
19 | No document or other evidence not previously identified by | ||||||
20 | either party
with the petition or written response, or by any | ||||||
21 | other means before the
hearing, may be introduced into evidence | ||||||
22 | without good cause. If, at the
hearing, material information is | ||||||
23 | discovered which was not previously
disclosed, the Arbitrator | ||||||
24 | may extend the time for closing proof on the
motion of a party | ||||||
25 | for a reasonable period of time which may be more than 30
days. | ||||||
26 | No evidence may be introduced pursuant to this paragraph as to
|
| |||||||
| |||||||
1 | permanent disability. No award may be entered for permanent | ||||||
2 | disability
pursuant to this paragraph. Either party may | ||||||
3 | introduce into evidence the
testimony taken by deposition of | ||||||
4 | any medical practitioner.
| ||||||
5 | The Commission shall adopt rules, regulations and | ||||||
6 | procedures whereby
the final decision of the Commission is | ||||||
7 | filed not later than 90 days from
the date the petition for | ||||||
8 | review is filed but in no event later than 180
days from the | ||||||
9 | date the petition for an emergency hearing is filed with the
| ||||||
10 | Illinois Workers' Compensation Commission.
| ||||||
11 | All service required pursuant to this paragraph (b-1) must | ||||||
12 | be by personal
service or by certified mail and with evidence | ||||||
13 | of receipt. In addition,
for the purposes of this paragraph, | ||||||
14 | all service on the employer must be at
the premises where the | ||||||
15 | accident occurred if the premises are owned or
operated by the | ||||||
16 | employer. Otherwise service must be at the employee's
principal | ||||||
17 | place of employment by the employer. If service on the employer
| ||||||
18 | is not possible at either of the above, then service shall be | ||||||
19 | at the
employer's principal place of business. After initial | ||||||
20 | service in each case,
service shall be made on the employer's | ||||||
21 | attorney or designated representative.
| ||||||
22 | (c) (1) At a reasonable time in advance of and in | ||||||
23 | connection with the
hearing under Section 19(e) or 19(h), the | ||||||
24 | Commission may on its own motion
order an impartial physical or | ||||||
25 | mental examination of a petitioner whose
mental or physical | ||||||
26 | condition is in issue, when in the Commission's
discretion it |
| |||||||
| |||||||
1 | appears that such an examination will materially aid in the
| ||||||
2 | just determination of the case. The examination shall be made | ||||||
3 | by a member
or members of a panel of physicians chosen for | ||||||
4 | their special qualifications
by the Illinois State Medical | ||||||
5 | Society. The Commission shall establish
procedures by which a | ||||||
6 | physician shall be selected from such list.
| ||||||
7 | (2) Should the Commission at any time during the hearing | ||||||
8 | find that
compelling considerations make it advisable to have | ||||||
9 | an examination and
report at that time, the Commission may in | ||||||
10 | its discretion so order.
| ||||||
11 | (3) A copy of the report of examination shall be given to | ||||||
12 | the Commission
and to the attorneys for the parties.
| ||||||
13 | (4) Either party or the Commission may call the examining | ||||||
14 | physician
or physicians to testify. Any physician so called | ||||||
15 | shall be subject to
cross-examination.
| ||||||
16 | (5) The examination shall be made, and the physician or | ||||||
17 | physicians,
if called, shall testify, without cost to the | ||||||
18 | parties. The Commission shall
determine the compensation and | ||||||
19 | the pay of the physician or physicians. The
compensation for | ||||||
20 | this service shall not exceed the usual and customary amount
| ||||||
21 | for such service.
| ||||||
22 | The fees and payment thereof of all attorneys and | ||||||
23 | physicians for
services authorized by the Commission under this | ||||||
24 | Act shall, upon request
of either the employer or the employee | ||||||
25 | or the beneficiary affected, be
subject to the review and | ||||||
26 | decision of the Commission.
|
| |||||||
| |||||||
1 | (d) If any employee shall persist in insanitary or | ||||||
2 | injurious
practices which tend to either imperil or retard his | ||||||
3 | recovery or shall
refuse to submit to such medical, surgical, | ||||||
4 | or hospital treatment as is
reasonably essential to promote his | ||||||
5 | recovery, the Commission may, in its
discretion, reduce or | ||||||
6 | suspend the compensation of any such employee;
provided, that | ||||||
7 | when an employer and employee so agree in writing, the
| ||||||
8 | foregoing provision shall not be construed to authorize the | ||||||
9 | reduction or
suspension of compensation of an employee who is | ||||||
10 | relying in good faith,
on treatment by prayer or spiritual | ||||||
11 | means alone, in accordance with the
tenets and practice of a | ||||||
12 | recognized church or religious denomination, by
a duly | ||||||
13 | accredited practitioner thereof.
| ||||||
14 | (e) This paragraph shall apply to all hearings before the | ||||||
15 | Commission.
Such hearings may be held in its office or | ||||||
16 | elsewhere as the Commission may
deem advisable. The taking of | ||||||
17 | testimony on such hearings may be had before
any member of the | ||||||
18 | Commission. If a petition for review and agreed statement
of | ||||||
19 | facts or transcript of evidence is filed, as provided herein, | ||||||
20 | the
Commission shall promptly review the decision of the | ||||||
21 | Arbitrator and all
questions of law or fact which appear from | ||||||
22 | the statement of facts or
transcripts of evidence. In all cases | ||||||
23 | in which the hearing before the
arbitrator is held after the | ||||||
24 | effective date of this amendatory Act of 1989,
no additional | ||||||
25 | evidence shall be introduced by the parties before the
| ||||||
26 | Commission on review of the decision of the Arbitrator. The |
| |||||||
| |||||||
1 | Commission
shall file in its office its decision thereon, and | ||||||
2 | shall immediately send
to each party or his attorney a copy of | ||||||
3 | such decision and a notification of
the time when it was filed. | ||||||
4 | Decisions shall be filed within 60 days after
the Statement of | ||||||
5 | Exceptions and Supporting Brief and Response thereto are
| ||||||
6 | required to be filed or oral argument whichever is later.
| ||||||
7 | In the event either party requests oral argument, such | ||||||
8 | argument shall be
had before a panel of 3 members of the | ||||||
9 | Commission (or before all available
members pursuant to the | ||||||
10 | determination of 7 members of the Commission that
such argument | ||||||
11 | be held before all available members of the Commission)
| ||||||
12 | pursuant to the rules and regulations of the Commission. A | ||||||
13 | panel of 3
members, which shall be comprised of not more than | ||||||
14 | one representative
citizen of the employing class and not more | ||||||
15 | than one representative citizen
of the employee class, shall | ||||||
16 | hear the argument; provided that if all the
issues in dispute | ||||||
17 | are solely the nature and extent of the permanent partial
| ||||||
18 | disability, if any, a majority of the panel may deny the | ||||||
19 | request for such
argument and such argument shall not be held; | ||||||
20 | and provided further that 7
members of the Commission may | ||||||
21 | determine that the argument be held before
all available | ||||||
22 | members of the Commission. A decision of the Commission shall
| ||||||
23 | be approved by a majority of Commissioners present at such | ||||||
24 | hearing if any;
provided, if no such hearing is held, a | ||||||
25 | decision of the Commission shall be
approved by a majority of a | ||||||
26 | panel of 3 members of the Commission as
described in this |
| |||||||
| |||||||
1 | Section. The Commission shall give 10 days' notice to the
| ||||||
2 | parties or their attorneys of the time and place of such taking | ||||||
3 | of
testimony and of such argument.
| ||||||
4 | In any case the Commission in its decision may in its | ||||||
5 | discretion find
specially upon any question or questions of law | ||||||
6 | or facts which shall be
submitted in writing by either party | ||||||
7 | whether ultimate or otherwise;
provided that on issues other | ||||||
8 | than nature and extent of the disablement,
if any, the | ||||||
9 | Commission in its decision shall find specially upon any
| ||||||
10 | question or questions of law or fact, whether ultimate or | ||||||
11 | otherwise,
which are submitted in writing by either party; | ||||||
12 | provided further that
not more than 5 such questions may be | ||||||
13 | submitted by either party. Any
party may, within 20 days after | ||||||
14 | receipt of notice of the Commission's
decision, or within such | ||||||
15 | further time, not exceeding 30 days, as the
Commission may | ||||||
16 | grant, file with the Commission either an agreed
statement of | ||||||
17 | the facts appearing upon the hearing, or, if such party
shall | ||||||
18 | so elect, a correct transcript of evidence of the additional
| ||||||
19 | proceedings presented before the Commission in which report the | ||||||
20 | party
may embody a correct statement of such other proceedings | ||||||
21 | in the case as
such party may desire to have reviewed, such | ||||||
22 | statement of facts or
transcript of evidence to be | ||||||
23 | authenticated by the signature of the
parties or their | ||||||
24 | attorneys, and in the event that they do not agree,
then the | ||||||
25 | authentication of such transcript of evidence shall be by the
| ||||||
26 | signature of any member of the Commission.
|
| |||||||
| |||||||
1 | If a reporter does not for any reason furnish a transcript | ||||||
2 | of the
proceedings before the Arbitrator in any case for use on | ||||||
3 | a hearing for
review before the Commission, within the | ||||||
4 | limitations of time as fixed in
this Section, the Commission | ||||||
5 | may, in its discretion, order a trial de
novo before the | ||||||
6 | Commission in such case upon application of either
party. The | ||||||
7 | applications for adjustment of claim and other documents in
the | ||||||
8 | nature of pleadings filed by either party, together with the
| ||||||
9 | decisions of the Arbitrator and of the Commission and the | ||||||
10 | statement of
facts or transcript of evidence hereinbefore | ||||||
11 | provided for in paragraphs
(b) and (c) shall be the record of | ||||||
12 | the proceedings of the Commission,
and shall be subject to | ||||||
13 | review as hereinafter provided.
| ||||||
14 | At the request of either party or on its own motion, the | ||||||
15 | Commission shall
set forth in writing the reasons for the | ||||||
16 | decision, including findings of
fact and conclusions of law, | ||||||
17 | separately stated. The Commission shall by
rule adopt a format | ||||||
18 | for written decisions for the Commission and
arbitrators. The | ||||||
19 | written decisions shall be concise and shall succinctly
state | ||||||
20 | the facts and reasons for the decision. The Commission may | ||||||
21 | adopt in
whole or in part, the decision of the arbitrator as | ||||||
22 | the decision of the
Commission. When the Commission does so | ||||||
23 | adopt the decision of the
arbitrator, it shall do so by order. | ||||||
24 | Whenever the Commission adopts part of
the arbitrator's | ||||||
25 | decision, but not all, it shall include in the order the
| ||||||
26 | reasons for not adopting all of the arbitrator's decision. When |
| |||||||
| |||||||
1 | a majority
of a panel, after deliberation, has arrived at its | ||||||
2 | decision, the decision
shall be filed as provided in this | ||||||
3 | Section without unnecessary delay, and
without regard to the | ||||||
4 | fact that a member of the panel has expressed an
intention to | ||||||
5 | dissent. Any member of the panel may file a dissent. Any
| ||||||
6 | dissent shall be filed no later than 10 days after the decision | ||||||
7 | of the
majority has been filed.
| ||||||
8 | Decisions rendered by the Commission after the effective | ||||||
9 | date of this
amendatory Act of 1980 and dissents, if any, shall | ||||||
10 | be published
together by the Commission. The conclusions
of law | ||||||
11 | set out in such decisions shall be regarded as precedents
by | ||||||
12 | arbitrators, for the purpose of achieving
a more uniform | ||||||
13 | administration of this Act.
| ||||||
14 | (f) The decision of the Commission acting within its | ||||||
15 | powers,
according to the provisions of paragraph (e) of this | ||||||
16 | Section shall, in
the absence of fraud, be conclusive unless | ||||||
17 | reviewed as in this paragraph
hereinafter provided. However, | ||||||
18 | the Arbitrator or the Commission may on
his or its own motion, | ||||||
19 | or on the motion of either party, correct any
clerical error or | ||||||
20 | errors in computation within 15 days after the date of
receipt | ||||||
21 | of any award by such Arbitrator or any decision on review of | ||||||
22 | the
Commission, and shall have the power to recall the original | ||||||
23 | award on
arbitration or decision on review, and issue in lieu | ||||||
24 | thereof such
corrected award or decision. Where such correction | ||||||
25 | is made the time for
review herein specified shall begin to run | ||||||
26 | from the date of
the receipt of the corrected award or |
| |||||||
| |||||||
1 | decision.
| ||||||
2 | (1) Except in cases of claims against the State of | ||||||
3 | Illinois, in
which case the decision of the Commission | ||||||
4 | shall not be subject to
judicial review, the Circuit Court | ||||||
5 | of the county where any of the
parties defendant may be | ||||||
6 | found, or if none of the parties defendant be
found in this | ||||||
7 | State then the Circuit Court of the county where any of
the | ||||||
8 | exposure occurred, shall by summons to the Commission
have | ||||||
9 | power to review all questions of law and fact presented by | ||||||
10 | such
record.
| ||||||
11 | A proceeding for review shall be commenced within 20 | ||||||
12 | days of the
receipt of notice of the decision of the | ||||||
13 | Commission. The summons shall be
issued by the clerk of | ||||||
14 | such court upon written request returnable on a
designated | ||||||
15 | return day, not less than 10 or more than 60 days from the | ||||||
16 | date
of issuance thereof, and the written request shall | ||||||
17 | contain the last known
address of other parties in interest | ||||||
18 | and their attorneys of record who are
to be served by | ||||||
19 | summons. Service upon any member of the Commission or the
| ||||||
20 | Secretary or the Assistant Secretary thereof shall be | ||||||
21 | service upon the
Commission, and service upon other parties | ||||||
22 | in interest and their attorneys
of record shall be by | ||||||
23 | summons, and such service shall be made upon the
Commission | ||||||
24 | and other parties in interest by mailing notices of the
| ||||||
25 | commencement of the proceedings and the return day of the | ||||||
26 | summons to the
office of the Commission and to the last |
| |||||||
| |||||||
1 | known place of residence of
other parties in interest or | ||||||
2 | their attorney or attorneys of record. The
clerk of the | ||||||
3 | court issuing the summons shall on the day of issue mail | ||||||
4 | notice
of the commencement of the proceedings which shall | ||||||
5 | be done by mailing a
copy of the summons to the office of | ||||||
6 | the Commission, and a copy of the
summons to the other | ||||||
7 | parties in interest or their attorney or
attorneys of | ||||||
8 | record and the clerk of the court shall make certificate
| ||||||
9 | that he has so sent such notices in pursuance of this | ||||||
10 | Section, which
shall be evidence of service on the | ||||||
11 | Commission and other parties in
interest.
| ||||||
12 | The Commission shall not be required to certify the | ||||||
13 | record of their
proceedings in the Circuit Court unless the | ||||||
14 | party commencing the
proceedings for review in the Circuit | ||||||
15 | Court as above provided, shall pay
to the Commission the | ||||||
16 | sum of 80 cents per page of testimony taken before
the | ||||||
17 | Commission, and 35 cents per page of all other matters | ||||||
18 | contained in
such record, except as otherwise provided by | ||||||
19 | Section 20 of this Act.
Payment for photostatic copies of | ||||||
20 | exhibit shall be extra. It shall be
the duty of the | ||||||
21 | Commission upon receipt of the summons from the Circuit | ||||||
22 | Court such payment, or failure to pay as
permitted under | ||||||
23 | Section 20 of this Act, to prepare a true and correct
| ||||||
24 | typewritten copy of such testimony and a true and correct | ||||||
25 | copy of all
other matters contained in such record and | ||||||
26 | certified to by the Secretary
or Assistant Secretary |
| |||||||
| |||||||
1 | thereof. The changes made to this subdivision (f)(1) by | ||||||
2 | this amendatory Act of the 98th General Assembly apply to | ||||||
3 | any Commission decision received after the effective date | ||||||
4 | of this amendatory Act of the 98th General Assembly.
| ||||||
5 | No In its decision on review the Commission shall | ||||||
6 | determine in each
particular case the amount of the | ||||||
7 | probable cost of the record to be
filed as a return to the | ||||||
8 | summons in that case and no request
for a summons may be | ||||||
9 | filed and no summons shall
issue unless the party seeking | ||||||
10 | to review the decision of the Commission
shall exhibit to | ||||||
11 | the clerk of the Circuit Court proof of payment by
filing a | ||||||
12 | receipt showing notice of the intent to file an appeal or | ||||||
13 | an affidavit by an attorney setting forth notice of the | ||||||
14 | intent to file an appeal has been received by payment or an | ||||||
15 | affidavit of the attorney setting
forth that payment has | ||||||
16 | been made of the sums so determined to the Secretary
or | ||||||
17 | Assistant Secretary of the Commission.
| ||||||
18 | (2) No such summons shall issue unless the one against
| ||||||
19 | whom the Commission shall have rendered an award for the | ||||||
20 | payment of money
shall upon the filing of his written | ||||||
21 | request for such summons file with the
clerk of the court a | ||||||
22 | bond conditioned that if he shall not successfully
| ||||||
23 | prosecute the review, he will pay the award and the costs | ||||||
24 | of the
proceedings in the court. The amount of the bond | ||||||
25 | shall be fixed by any
member of the Commission and the | ||||||
26 | surety or sureties of the bond shall be
approved by the |
| |||||||
| |||||||
1 | clerk of the court. The acceptance of the bond by the
clerk | ||||||
2 | of the court shall constitute evidence of his approval of | ||||||
3 | the
bond.
| ||||||
4 | Every county, city, town, township, incorporated | ||||||
5 | village, school
district, body politic or municipal | ||||||
6 | corporation having a population of
500,000 or more against | ||||||
7 | whom the Commission shall have rendered an award
for the | ||||||
8 | payment of money shall not be required to file a bond to | ||||||
9 | secure
the payment of the award and the costs of the | ||||||
10 | proceedings in the court
to authorize the court to issue | ||||||
11 | such summons.
| ||||||
12 | The court may confirm or set aside the decision of the | ||||||
13 | Commission. If
the decision is set aside and the facts | ||||||
14 | found in the proceedings before
the Commission are | ||||||
15 | sufficient, the court may enter such decision as is
| ||||||
16 | justified by law, or may remand the cause to the Commission | ||||||
17 | for further
proceedings and may state the questions | ||||||
18 | requiring further hearing, and
give such other | ||||||
19 | instructions as may be proper. Appeals shall be taken
to | ||||||
20 | the Appellate Court in accordance
with Supreme Court Rules | ||||||
21 | 22(g) and 303. Appeals shall be taken from the
Appellate | ||||||
22 | Court to the Supreme Court
in accordance with Supreme Court | ||||||
23 | Rule 315.
| ||||||
24 | It shall be the duty of the clerk of any court | ||||||
25 | rendering a decision
affecting or affirming an award of the | ||||||
26 | Commission to promptly furnish
the Commission with a copy |
| |||||||
| |||||||
1 | of such decision, without charge.
| ||||||
2 | The decision of a majority of the members of the panel | ||||||
3 | of the Commission,
shall be considered the decision of the | ||||||
4 | Commission.
| ||||||
5 | (g) Except in the case of a claim against the State of | ||||||
6 | Illinois,
either party may present a certified copy of the | ||||||
7 | award of the
Arbitrator, or a certified copy of the decision of | ||||||
8 | the Commission when
the same has become final, when no | ||||||
9 | proceedings for review are pending,
providing for the payment | ||||||
10 | of compensation according to this Act, to the
Circuit Court of | ||||||
11 | the county in which such exposure occurred or either of
the | ||||||
12 | parties are residents, whereupon the court shall enter a | ||||||
13 | judgment
in accordance therewith. In case where the employer | ||||||
14 | refuses to pay
compensation according to such final award or | ||||||
15 | such final decision upon
which such judgment is entered, the | ||||||
16 | court shall in entering judgment
thereon, tax as costs against | ||||||
17 | him the reasonable costs and attorney fees
in the arbitration | ||||||
18 | proceedings and in the court entering the judgment
for the | ||||||
19 | person in whose favor the judgment is entered, which judgment
| ||||||
20 | and costs taxed as herein provided shall, until and unless set | ||||||
21 | aside,
have the same effect as though duly entered in an action | ||||||
22 | duly tried and
determined by the court, and shall with like | ||||||
23 | effect, be entered and
docketed. The Circuit Court shall have | ||||||
24 | power at any time upon
application to make any such judgment | ||||||
25 | conform to any modification
required by any subsequent decision | ||||||
26 | of the Supreme Court upon appeal, or
as the result of any |
| |||||||
| |||||||
1 | subsequent proceedings for review, as provided in
this Act.
| ||||||
2 | Judgment shall not be entered until 15 days' notice of the | ||||||
3 | time and
place of the application for the entry of judgment | ||||||
4 | shall be served upon
the employer by filing such notice with | ||||||
5 | the Commission, which Commission
shall, in case it has on file | ||||||
6 | the address of the employer or the name
and address of its | ||||||
7 | agent upon whom notices may be served, immediately
send a copy | ||||||
8 | of the notice to the employer or such designated agent.
| ||||||
9 | (h) An agreement or award under this Act providing for | ||||||
10 | compensation
in installments, may at any time within 18 months | ||||||
11 | after such agreement
or award be reviewed by the Commission at | ||||||
12 | the request of either the
employer or the employee on the | ||||||
13 | ground that the disability of the
employee has subsequently | ||||||
14 | recurred, increased, diminished or ended.
| ||||||
15 | However, as to disablements occurring subsequently to July | ||||||
16 | 1, 1955,
which are covered by any agreement or award under this | ||||||
17 | Act providing for
compensation in installments made as a result | ||||||
18 | of such disablement, such
agreement or award may at any time | ||||||
19 | within 30 months after such agreement
or award be reviewed by | ||||||
20 | the Commission at the request of either the
employer or the | ||||||
21 | employee on the ground that the disability of the
employee has | ||||||
22 | subsequently recurred, increased, diminished or ended.
| ||||||
23 | On such review compensation payments may be | ||||||
24 | re-established,
increased, diminished or ended. The Commission | ||||||
25 | shall give 15 days'
notice to the parties of the hearing for | ||||||
26 | review. Any employee, upon any
petition for such review being |
| |||||||
| |||||||
1 | filed by the employer, shall be entitled
to one day's notice | ||||||
2 | for each 100 miles necessary to be traveled by him in
attending | ||||||
3 | the hearing of the Commission upon the petition, and 3 days in
| ||||||
4 | addition thereto. Such employee shall, at the discretion of the
| ||||||
5 | Commission, also be entitled to 5 cents per mile necessarily | ||||||
6 | traveled by
him within the State of Illinois in attending such | ||||||
7 | hearing, not to
exceed a distance of 300 miles, to be taxed by | ||||||
8 | the Commission as costs
and deposited with the petition of the | ||||||
9 | employer.
| ||||||
10 | When compensation which is payable in accordance with an | ||||||
11 | award or
settlement contract approved by the Commission, is | ||||||
12 | ordered paid in a
lump sum by the Commission, no review shall | ||||||
13 | be had as in this paragraph
mentioned.
| ||||||
14 | (i) Each party, upon taking any proceedings or steps | ||||||
15 | whatsoever
before any Arbitrator, Commission or court,
shall | ||||||
16 | file with the Commission his address, or the name and address | ||||||
17 | of
any agent upon whom all notices to be given to such party | ||||||
18 | shall be
served, either personally or by registered mail, | ||||||
19 | addressed to such party
or agent at the last address so filed | ||||||
20 | with the Commission. In the event
such party has not filed his | ||||||
21 | address, or the name and address of an
agent as above provided, | ||||||
22 | service of any notice may be had by filing such
notice with the | ||||||
23 | Commission.
| ||||||
24 | (j) Whenever in any proceeding testimony has been taken or | ||||||
25 | a final
decision has been rendered, and after the taking of | ||||||
26 | such testimony or
after such decision has become final, the |
| |||||||
| |||||||
1 | employee dies, then in any
subsequent proceeding brought by the | ||||||
2 | personal representative or
beneficiaries of the deceased | ||||||
3 | employee, such testimony in the former
proceeding may be | ||||||
4 | introduced with the same force and effect as though
the witness | ||||||
5 | having so testified were present in person in such
subsequent | ||||||
6 | proceedings and such final decision, if any, shall be taken
as | ||||||
7 | final adjudication of any of the issues which are the same in | ||||||
8 | both
proceedings.
| ||||||
9 | (k) In any case where there has been any unreasonable or | ||||||
10 | vexatious
delay of payment or intentional underpayment of | ||||||
11 | compensation, or
proceedings have been instituted or carried on | ||||||
12 | by one liable to pay the
compensation, which do not present a | ||||||
13 | real controversy, but are merely
frivolous or for delay, then | ||||||
14 | the Commission may award compensation
additional to that | ||||||
15 | otherwise payable under this Act equal to 50% of the
amount | ||||||
16 | payable at the time of such award. Failure to pay compensation | ||||||
17 | in
accordance with the provisions of Section 8, paragraph (b) | ||||||
18 | of this Act,
shall be considered unreasonable delay.
| ||||||
19 | When determining whether this subsection (k) shall apply, | ||||||
20 | the
Commission shall consider whether an arbitrator has | ||||||
21 | determined
that the claim is not compensable or whether the | ||||||
22 | employer has
made payments under Section 8(j) of the Workers' | ||||||
23 | Compensation Act. | ||||||
24 | (k-1) If the employee has made written demand for payment | ||||||
25 | of
benefits under Section 8(a) or Section 8(b) of the Workers' | ||||||
26 | Compensation Act, the employer shall
have 14 days after receipt |
| |||||||
| |||||||
1 | of the demand to set forth in
writing the reason for the delay. | ||||||
2 | In the case of demand for
payment of medical benefits under | ||||||
3 | Section 8(a) of the Workers' Compensation Act, the time for
the | ||||||
4 | employer to respond shall not commence until the expiration
of | ||||||
5 | the allotted 60 days specified under Section 8.2(d) of the | ||||||
6 | Workers' Compensation Act. In case
the employer or his or her | ||||||
7 | insurance carrier shall without good and
just cause fail, | ||||||
8 | neglect, refuse, or unreasonably delay the
payment of benefits | ||||||
9 | under Section 8(a) or Section 8(b) of the Workers' Compensation | ||||||
10 | Act, the
Arbitrator or the Commission shall allow to the | ||||||
11 | employee
additional compensation in the sum of $30 per day for | ||||||
12 | each day
that the benefits under Section 8(a) or Section 8(b) | ||||||
13 | of the Workers' Compensation Act have been
so withheld or | ||||||
14 | refused, not to exceed $10,000.
A delay in payment of 14 days | ||||||
15 | or more
shall create a rebuttable presumption of unreasonable | ||||||
16 | delay.
| ||||||
17 | (l) By the 15th day of each month each insurer providing | ||||||
18 | coverage for
losses under this Act shall notify each insured | ||||||
19 | employer of any compensable
claim incurred during the preceding | ||||||
20 | month and the amounts paid or reserved
on the claim including a | ||||||
21 | summary of the claim and a brief statement of the
reasons for | ||||||
22 | compensability. A cumulative report of all claims incurred
| ||||||
23 | during a calendar year or continued
from the previous year | ||||||
24 | shall be furnished to the insured employer by the
insurer | ||||||
25 | within 30 days after the end of that calendar year.
| ||||||
26 | The insured employer may challenge, in proceeding before |
| |||||||
| |||||||
1 | the Commission,
payments made by the insurer without | ||||||
2 | arbitration and payments made after
a case is determined to be | ||||||
3 | noncompensable. If the Commission finds that
the case was not | ||||||
4 | compensable, the insurer shall purge its records as to
that | ||||||
5 | employer of any loss or expense associated with the claim, | ||||||
6 | reimburse
the employer for attorneys fee arising from the | ||||||
7 | challenge and for any payment
required of the employer to the | ||||||
8 | Rate Adjustment Fund or the Second Injury
Fund, and may not | ||||||
9 | effect the loss or expense for rate making purposes. The
| ||||||
10 | employee shall not be required to refund the challenged | ||||||
11 | payment. The
decision of the Commission may be reviewed in the | ||||||
12 | same
manner as in arbitrated cases. No challenge may be | ||||||
13 | initiated under this
paragraph more than 3 years after the | ||||||
14 | payment is made. An employer may
waive the right of challenge | ||||||
15 | under this paragraph on a case by case basis.
| ||||||
16 | (m) After filing an application for adjustment of claim but | ||||||
17 | prior to
the hearing on arbitration the parties may voluntarily | ||||||
18 | agree to submit such
application for adjustment of claim for | ||||||
19 | decision by an arbitrator under
this subsection (m) where such | ||||||
20 | application for adjustment
of claim raises only a dispute over | ||||||
21 | temporary total disability, permanent
partial disability or | ||||||
22 | medical expenses. Such agreement shall be in writing
in such | ||||||
23 | form as provided by the Commission. Applications for adjustment | ||||||
24 | of
claim submitted for decision by an arbitrator under
this | ||||||
25 | subsection (m) shall proceed according
to rule as established | ||||||
26 | by the Commission. The Commission shall promulgate
rules |
| |||||||
| |||||||
1 | including, but not limited to, rules to ensure that the parties | ||||||
2 | are
adequately informed of their rights under this subsection | ||||||
3 | (m) and of the
voluntary nature of proceedings under this | ||||||
4 | subsection
(m). The findings of fact made by an arbitrator | ||||||
5 | acting within his or her
powers under this subsection (m) in | ||||||
6 | the absence of fraud shall be
conclusive. However, the | ||||||
7 | arbitrator may on his own motion, or the motion
of either | ||||||
8 | party, correct any clerical errors or errors in computation
| ||||||
9 | within 15 days after the date of receipt of such award of the | ||||||
10 | arbitrator
and shall have the power to recall the original | ||||||
11 | award on arbitration, and
issue in lieu thereof such corrected | ||||||
12 | award.
The decision of the arbitrator under this subsection (m) | ||||||
13 | shall be
considered the decision of the Commission and | ||||||
14 | proceedings for review of
questions of law arising from the | ||||||
15 | decision may be commenced by either party
pursuant to | ||||||
16 | subsection (f) of Section 19. The Advisory Board established
| ||||||
17 | under Section 13.1 of the Workers' Compensation Act shall | ||||||
18 | compile a list of
certified Commission arbitrators, each of | ||||||
19 | whom shall be approved by at least
7 members of the Advisory | ||||||
20 | Board. The chairman shall select 5 persons
from such list to | ||||||
21 | serve as arbitrators under this subsection (m). By
agreement, | ||||||
22 | the parties shall select one arbitrator from among the 5 | ||||||
23 | persons
selected by the chairman except, that if the parties do | ||||||
24 | not agree on an
arbitrator from among the 5 persons, the | ||||||
25 | parties may, by agreement,
select an arbitrator of the American | ||||||
26 | Arbitration Association, whose fee
shall be paid by the State |
| |||||||
| |||||||
1 | in accordance with rules promulgated by the
Commission. | ||||||
2 | Arbitration under this subsection (m) shall be voluntary.
| ||||||
3 | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
| ||||||
4 | (820 ILCS 310/19a) (from Ch. 48, par. 172.54b)
| ||||||
5 | Sec. 19a.
Money received by the Commission pursuant to | ||||||
6 | subsection (f) of
Section 19 of this Act shall be paid into a | ||||||
7 | trust fund outside the State
Treasury and shall be held in such | ||||||
8 | fund until completion of the record for
which the payment was | ||||||
9 | made. The Secretary of the Commission shall be
ex-officio | ||||||
10 | custodian of such trust fund which shall be used only for the
| ||||||
11 | purpose specified in this section. Upon completion of the | ||||||
12 | record the
Secretary shall pay the amount so held to the person | ||||||
13 | entitled thereto for
preparation of the record. Within 60 days | ||||||
14 | after the effective date of this amendatory Act of the 98th | ||||||
15 | General Assembly, the Secretary of the Commission shall | ||||||
16 | transfer all remaining funds to the Injured Workers' Benefit | ||||||
17 | Fund for the purpose of paying claims from injured employees | ||||||
18 | who have received a final award for benefits from the | ||||||
19 | Commission against the employer in Fiscal Year 2013.
| ||||||
20 | (Source: Laws 1967, p. 325.)
| ||||||
21 | (820 ILCS 310/19.5) (from Ch. 48, par. 172.54-1)
| ||||||
22 | Sec. 19.5.
If the Commission shall, before or after any
| ||||||
23 | hearing, proceeding, or review to any court, be satisfied that | ||||||
24 | the employee
is a poor person, and unable to pay the costs and |
| |||||||
| |||||||
1 | expenses provided for by
this Act, the Commission shall permit | ||||||
2 | such poor person to have all the
rights and remedies provided | ||||||
3 | by this Act, including the issuance and
service of subpoenas; a | ||||||
4 | transcript of testimony and the record of
proceedings, | ||||||
5 | including photostatic copies of exhibits, at
hearings before an | ||||||
6 | Arbitrator or the Commission; the right to have the
record of | ||||||
7 | proceedings certified to the circuit court; the right to the
| ||||||
8 | filing of a written request for summons; and the right to the
| ||||||
9 | issuance of summons, without the filing of a bond for costs
and | ||||||
10 | without the payment of any of the costs provided for by this | ||||||
11 | Act. If
an award is granted to such employee, or settlement is | ||||||
12 | made, the costs and
expenses chargeable to the employee as | ||||||
13 | provided for by this Act shall be
paid by the employer out of | ||||||
14 | the award herein granted, or settlement, before
any of the | ||||||
15 | balance of the award or settlement is paid to the employee.
| ||||||
16 | (Source: P.A. 86-998; 87-895.)
| ||||||
17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
|