Bill Text: IL SB1735 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends provisions of the Workers' Compensation Act and the Workers' Occupational Diseases Act providing that the disability of a firefighter, emergency medical technician, or paramedic resulting from a condition or health impairment that results directly or indirectly from any bloodborne pathogen, lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, or cancer is rebuttably presumed to arise out of and in the course of employment and to be causally connected to the hazards or exposures of the employment. Provides that the presumption does not apply to a condition or impairment of health that results from any cancer, lung or respiratory disease or condition, or heart or vascular disease or condition if the employee used cigarettes or other tobacco products within the 60-month period preceding the filing of an Application for Adjustment of Claim.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB1735 Detail]

Download: Illinois-2009-SB1735-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1735 Introduced 2/19/2009, by Sen. Dan Cronin SYNOPSIS AS INTRODUCED:
820 ILCS 305/6 from Ch. 48, par. 138.6
820 ILCS 310/1 from Ch. 48, par. 172.36
Amends provisions of the Workers' Compensation Act and the Workers' Occupational Diseases Act providing that the disability of a firefighter, emergency medical technician, or paramedic resulting from a condition or health impairment that results directly or indirectly from any bloodborne pathogen, lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, or cancer is rebuttably presumed to arise out of and in the course of employment and to be causally connected to the hazards or exposures of the employment. Provides that the presumption does not apply to a condition or impairment of health that results from any cancer, lung or respiratory disease or condition, or heart or vascular disease or condition if the employee used cigarettes or other tobacco products within the 60-month period preceding the filing of an Application for Adjustment of Claim.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Workers' Compensation Act is amended by
changing Section 6 as follows:
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
Sec. 6. (a) Every employer within the provisions of this
Act, shall, under the rules and regulations prescribed by the
Commission, post printed notices in their respective places of
employment in such number and at such places as may be
determined by the Commission, containing such information
relative to this Act as in the judgment of the Commission may
be necessary to aid employees to safeguard their rights under
this Act in event of injury.
In addition thereto, the employer shall post in a
conspicuous place on the place of the employment a printed or
typewritten notice stating whether he is insured or whether he
has qualified and is operating as a self-insured employer. In
the event the employer is insured, the notice shall state the
name and address of his insurance carrier, the number of the
insurance policy, its effective date and the date of
termination. In the event of the termination of the policy for
any reason prior to the termination date stated, the posted

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

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

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

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No defect or inaccuracy of such notice shall be a bar to
the maintenance of proceedings on arbitration or otherwise by
the employee unless the employer proves that he is unduly
prejudiced in such proceedings by such defect or inaccuracy.
Notice of the accident shall give the approximate date and
place of the accident, if known, and may be given orally or in
writing.
(d) Every employer shall notify each injured employee who
has been granted compensation under the provisions of Section 8
of this Act of his rights to rehabilitation services and advise
him of the locations of available public rehabilitation centers
and any other such services of which the employer has
knowledge.
In any case, other than one where the injury was caused by
exposure to radiological materials or equipment or asbestos
unless the application for compensation is filed with the
Commission within 3 years after the date of the accident, where
no compensation has been paid, or within 2 years after the date
of the last payment of compensation, where any has been paid,
whichever shall be later, the right to file such application
shall be barred.
In any case of injury caused by exposure to radiological
materials or equipment or asbestos, unless application for
compensation is filed with the Commission within 25 years after
the last day that the employee was employed in an environment
of hazardous radiological activity or asbestos, the right to

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file such application shall be barred.
If in any case except one where the injury was caused by
exposure to radiological materials or equipment or asbestos,
the accidental injury results in death application for
compensation for death may be filed with the Commission within
3 years after the date of death where no compensation has been
paid or within 2 years after the date of the last payment of
compensation where any has been paid, whichever shall be later,
but not thereafter.
If an accidental injury caused by exposure to radiological
material or equipment or asbestos results in death within 25
years after the last day that the employee was so exposed
application for compensation for death may be filed with the
Commission within 3 years after the date of death, where no
compensation has been paid, or within 2 years after the date of
the last payment of compensation where any has been paid,
whichever shall be later, but not thereafter.
(e) Any contract or agreement made by any employer or his
agent or attorney with any employee or any other beneficiary of
any claim under the provisions of this Act within 7 days after
the injury shall be presumed to be fraudulent.
(f) Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
or paramedic which results directly or indirectly from any
bloodborne pathogen, lung or respiratory disease or condition,
heart or vascular disease or condition, hypertension,

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tuberculosis, or cancer resulting in any disability
(temporary, permanent, total, or partial) to the employee shall
be rebuttably presumed to arise out of and in the course of the
employee's firefighting, EMT, or paramedic employment and,
further, shall be rebuttably presumed to be causally connected
to the hazards or exposures of the employment. This presumption
shall also apply to any hernia or hearing loss suffered by an
employee employed as a firefighter, EMT, or paramedic. However,
this presumption shall not apply to any employee who has been
employed as a firefighter, EMT, or paramedic for less than 5
years at the time he or she files an Application for Adjustment
of Claim concerning this condition or impairment with the
Illinois Workers' Compensation Commission. This presumption
does not apply to any condition or impairment of health that
results from any cancer, lung or respiratory disease or
condition, or heart or vascular disease or condition if the
employee used cigarettes or other tobacco products within the
60-month period preceding the time he or she files an
Application for Adjustment of Claim concerning this condition
or impairment with the Illinois Workers' Compensation
Commission. For the purpose of this subsection, "cigarette" has
the meaning set forth in Section 1 of the Cigarette Tax Act,
and "tobacco products" has the definition set forth in Section
10-5 of the Tobacco Products Tax Act of 1995. The Finding and
Decision of the Illinois Workers' Compensation Commission
under only the rebuttable presumption provision of this

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subsection shall not be admissible or be deemed res judicata in
any disability claim under the Illinois Pension Code arising
out of the same medical condition; however, this sentence makes
no change to the law set forth in Krohe v. City of Bloomington,
204 Ill.2d 392.
(Source: P.A. 95-316, eff. 1-1-08.)
Section 10. The Workers' Occupational Diseases Act is
amended by changing Section 1 as follows:
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
Sec. 1. This Act shall be known and may be cited as the
"Workers' Occupational Diseases Act".
(a) The term "employer" as used in this Act shall be
construed to be:
1. The State and each county, city, town, township,
incorporated village, school district, body politic, or
municipal corporation therein.
2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary,
religious or charitable corporations or associations, who
has any person in service or under any contract for hire,
express or implied, oral or written.
3. Where an employer operating under and subject to the
provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable

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occupational disease in the employment of such borrowing
employer and where such borrowing employer does not provide
or pay the benefits or payments due such employee, such
loaning employer shall be liable to provide or pay all
benefits or payments due such employee under this Act and
as to such employee the liability of such loaning and
borrowing employers shall be joint and several, provided
that such loaning employer shall in the absence of
agreement to the contrary be entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with
reasonable attorneys' fees and expenses in any hearings
before the Illinois Workers' Compensation Commission or in
any action to secure such reimbursement. Where any benefit
is provided or paid by such loaning employer, the employee
shall have the duty of rendering reasonable co-operation in
any hearings, trials or proceedings in the case, including
such proceedings for reimbursement.
Where an employee files an Application for Adjustment
of Claim with the Illinois Workers' Compensation
Commission alleging that his or her claim is covered by the
provisions of the preceding paragraph, and joining both the
alleged loaning and borrowing employers, they and each of
them, upon written demand by the employee and within 7 days
after receipt of such demand, shall have the duty of filing
with the Illinois Workers' Compensation Commission a

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written admission or denial of the allegation that the
claim is covered by the provisions of the preceding
paragraph and in default of such filing or if any such
denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this
Act shall apply.
An employer whose business or enterprise or a
substantial part thereof consists of hiring, procuring or
furnishing employees to or for other employers operating
under and subject to the provisions of this Act for the
performance of the work of such other employers and who
pays such employees their salary or wage notwithstanding
that they are doing the work of such other employers shall
be deemed a loaning employer within the meaning and
provisions of this Section.
(b) The term "employee" as used in this Act, shall be
construed to mean:
1. Every person in the service of the State, county,
city, town, township, incorporated village or school
district, body politic or municipal corporation therein,
whether by election, appointment or contract of hire,
express or implied, oral or written, including any official
of the State, or of any county, city, town, township,
incorporated village, school district, body politic or
municipal corporation therein and except any duly
appointed member of the fire department in any city whose

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population exceeds 500,000 according to the last Federal or
State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State.
One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated
village, school district, body politic or municipal
corporation therein, through its representatives, shall
not be considered as an employee of the State, county,
city, town, township, incorporated village, school
district, body politic or municipal corporation which made
the contract.
2. Every person in the service of another under any
contract of hire, express or implied, oral or written, who
contracts an occupational disease while working in the
State of Illinois, or who contracts an occupational disease
while working outside of the State of Illinois but where
the contract of hire is made within the State of Illinois,
and any person whose employment is principally localized
within the State of Illinois, regardless of the place where
the disease was contracted or place where the contract of
hire was made, including aliens, and minors who, for the
purpose of this Act, except Section 3 hereof, shall be
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult
employees. An employee or his or her dependents under this
Act who shall have a cause of action by reason of an

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occupational disease, disablement or death arising out of
and in the course of his or her employment may elect or
pursue his or her remedy in the State where the disease was
contracted, or in the State where the contract of hire is
made, or in the State where the employment is principally
localized.
(c) "Commission" means the Illinois Workers' Compensation
Commission created by the Workers' Compensation Act, approved
July 9, 1951, as amended.
(d) In this Act the term "Occupational Disease" means a
disease arising out of and in the course of the employment or
which has become aggravated and rendered disabling as a result
of the exposure of the employment. Such aggravation shall arise
out of a risk peculiar to or increased by the employment and
not common to the general public.
A disease shall be deemed to arise out of the employment if
there is apparent to the rational mind, upon consideration of
all the circumstances, a causal connection between the
conditions under which the work is performed and the
occupational disease. The disease need not to have been
foreseen or expected but after its contraction it must appear
to have had its origin or aggravation in a risk connected with
the employment and to have flowed from that source as a
rational consequence.
An employee shall be conclusively deemed to have been
exposed to the hazards of an occupational disease when, for any

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length of time however short, he or she is employed in an
occupation or process in which the hazard of the disease
exists; provided however, that in a claim of exposure to atomic
radiation, the fact of such exposure must be verified by the
records of the central registry of radiation exposure
maintained by the Department of Public Health or by some other
recognized governmental agency maintaining records of such
exposures whenever and to the extent that the records are on
file with the Department of Public Health or the agency.
Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by Public Act 93-829 is
declarative of existing law and is not a new enactment.
The employer liable for the compensation in this Act
provided shall be the employer in whose employment the employee
was last exposed to the hazard of the occupational disease
claimed upon regardless of the length of time of such last
exposure, except, in cases of silicosis or asbestosis, the only

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employer liable shall be the last employer in whose employment
the employee was last exposed during a period of 60 days or
more after the effective date of this Act, to the hazard of
such occupational disease, and, in such cases, an exposure
during a period of less than 60 days, after the effective date
of this Act, shall not be deemed a last exposure. If a miner
who is suffering or suffered from pneumoconiosis was employed
for 10 years or more in one or more coal mines there shall,
effective July 1, 1973 be a rebuttable presumption that his or
her pneumoconiosis arose out of such employment.
If a deceased miner was employed for 10 years or more in
one or more coal mines and died from a respirable disease there
shall, effective July 1, 1973, be a rebuttable presumption that
his or her death was due to pneumoconiosis.
Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
or paramedic which results directly or indirectly from any
bloodborne pathogen, lung or respiratory disease or condition,
heart or vascular disease or condition, hypertension,
tuberculosis, or cancer resulting in any disability
(temporary, permanent, total, or partial) to the employee shall
be rebuttably presumed to arise out of and in the course of the
employee's firefighting, EMT, or paramedic employment and,
further, shall be rebuttably presumed to be causally connected
to the hazards or exposures of the employment. This presumption
shall also apply to any hernia or hearing loss suffered by an

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employee employed as a firefighter, EMT, or paramedic. However,
this presumption shall not apply to any employee who has been
employed as a firefighter, EMT, or paramedic for less than 5
years at the time he or she files an Application for Adjustment
of Claim concerning this condition or impairment with the
Illinois Workers' Compensation Commission. This presumption
does not apply to any condition or impairment of health that
results from any cancer, lung or respiratory disease or
condition, or heart or vascular disease or condition if the
employee used cigarettes or other tobacco products within the
60-month period preceding the time he or she files an
Application for Adjustment of Claim concerning this condition
or impairment with the Illinois Workers' Compensation
Commission. For the purpose of this subsection, "cigarette" has
the meaning set forth in Section 1 of the Cigarette Tax Act,
and "tobacco products" has the definition set forth in Section
10-5 of the Tobacco Products Tax Act of 1995. The Finding and
Decision of the Illinois Workers' Compensation Commission
under only the rebuttable presumption provision of this
paragraph shall not be admissible or be deemed res judicata in
any disability claim under the Illinois Pension Code arising
out of the same medical condition; however, this sentence makes
no change to the law set forth in Krohe v. City of Bloomington,
204 Ill.2d 392.
The insurance carrier liable shall be the carrier whose
policy was in effect covering the employer liable on the last

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day of the exposure rendering such employer liable in
accordance with the provisions of this Act.
(e) "Disablement" means an impairment or partial
impairment, temporary or permanent, in the function of the body
or any of the members of the body, or the event of becoming
disabled from earning full wages at the work in which the
employee was engaged when last exposed to the hazards of the
occupational disease by the employer from whom he or she claims
compensation, or equal wages in other suitable employment; and
"disability" means the state of being so incapacitated.
(f) No compensation shall be payable for or on account of
any occupational disease unless disablement, as herein
defined, occurs within two years after the last day of the last
exposure to the hazards of the disease, except in cases of
occupational disease caused by berylliosis or by the inhalation
of silica dust or asbestos dust and, in such cases, within 3
years after the last day of the last exposure to the hazards of
such disease and except in the case of occupational disease
caused by exposure to radiological materials or equipment, and
in such case, within 25 years after the last day of last
exposure to the hazards of such disease.
(Source: P.A. 95-316, eff. 1-1-08; 95-331, eff. 8-21-07.)