Bill Text: IL SB1847 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act. Restricts specific rebuttable presumptions to firefighters and emergency medical technicians or paramedics who are cross trained as firefighters.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0291 [SB1847 Detail]
Download: Illinois-2013-SB1847-Enrolled.html
Bill Title: Amends the Workers' Compensation Act and the Workers' Occupational Diseases Act. Restricts specific rebuttable presumptions to firefighters and emergency medical technicians or paramedics who are cross trained as firefighters.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0291 [SB1847 Detail]
Download: Illinois-2013-SB1847-Enrolled.html
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1 | AN ACT concerning workers.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Workers' Compensation Act is amended by | ||||||
5 | changing Section 6 as follows:
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6 | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
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7 | Sec. 6. (a) Every employer within the provisions of this | ||||||
8 | Act, shall,
under the rules and regulations prescribed by the | ||||||
9 | Commission, post
printed notices in their respective places of | ||||||
10 | employment in such number
and at such places as may be | ||||||
11 | determined by the Commission, containing
such information | ||||||
12 | relative to this Act as in the judgment of the
Commission may | ||||||
13 | be necessary to aid employees to safeguard their rights
under | ||||||
14 | this Act in event of injury.
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15 | In addition thereto, the employer shall post in a | ||||||
16 | conspicuous place
on the place of the employment a printed or | ||||||
17 | typewritten notice stating
whether he is insured or whether he | ||||||
18 | has qualified and is operating as a
self-insured employer. In | ||||||
19 | the event the employer is insured, the notice
shall state the | ||||||
20 | name and address of his insurance carrier, the number of
the | ||||||
21 | insurance policy, its effective date and the date of | ||||||
22 | termination. In
the event of the termination of the policy for | ||||||
23 | any reason prior to the
termination date stated, the posted |
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1 | notice shall promptly be corrected
accordingly. In the event | ||||||
2 | the employer is operating as a self-insured
employer the notice | ||||||
3 | shall state the name and address of the company, if
any, | ||||||
4 | servicing the compensation payments of the employer, and the | ||||||
5 | name
and address of the person in charge of making compensation | ||||||
6 | payments.
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7 | (b) Every employer subject to this Act shall maintain | ||||||
8 | accurate
records of work-related deaths, injuries and illness | ||||||
9 | other than minor
injuries requiring only first aid treatment | ||||||
10 | and which do not involve
medical treatment, loss of | ||||||
11 | consciousness, restriction of work or motion,
or transfer to | ||||||
12 | another job and file with the Commission, in writing, a
report | ||||||
13 | of all accidental deaths, injuries and illnesses arising out of
| ||||||
14 | and in the course of the employment resulting in the loss of | ||||||
15 | more than
3 scheduled work days. In the case of death such | ||||||
16 | report shall be
made no later than 2 working days following the | ||||||
17 | accidental death. In
all other cases such report shall be made | ||||||
18 | between the 15th and 25th of
each month unless required to be | ||||||
19 | made sooner by rule of the Commission.
In case the injury | ||||||
20 | results in permanent disability, a further report
shall be made | ||||||
21 | as soon as it is determined that such permanent disability
has | ||||||
22 | resulted or will result from the injury. All reports shall | ||||||
23 | state
the date of the injury, including the time of day or | ||||||
24 | night, the nature
of the employer's business, the name, | ||||||
25 | address, age, sex, conjugal
condition of the injured person, | ||||||
26 | the specific occupation of the injured
person, the direct cause |
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1 | of the injury and the nature of the accident,
the character of | ||||||
2 | the injury, the length of disability, and in case of
death the | ||||||
3 | length of disability before death, the wages of the injured
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4 | person, whether compensation has been paid to the injured | ||||||
5 | person, or to
his or her legal representative or his heirs or | ||||||
6 | next of kin, the amount of
compensation paid, the amount paid | ||||||
7 | for physicians', surgeons' and
hospital bills, and by whom | ||||||
8 | paid, and the amount paid for funeral or
burial expenses if | ||||||
9 | known. The reports shall be made on forms and in the
manner as | ||||||
10 | prescribed by the Commission and shall contain such further
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11 | information as the Commission shall deem necessary and require. | ||||||
12 | The
making of these reports releases the employer from making | ||||||
13 | such reports
to any other officer of the State and shall | ||||||
14 | satisfy the reporting
provisions as contained in the "Health | ||||||
15 | and Safety Act" and "An Act in
relation to safety inspections | ||||||
16 | and education in industrial and
commercial establishments and | ||||||
17 | to repeal an Act therein named", approved
July 18, 1955, as now | ||||||
18 | or hereafter amended. The reports filed with the
Commission | ||||||
19 | pursuant to this Section shall be made available by the
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20 | Commission to the Director of Labor or his representatives and | ||||||
21 | to all
other departments of the State of Illinois which shall | ||||||
22 | require such
information for the proper discharge of their | ||||||
23 | official duties. Failure
to file with the Commission any of the | ||||||
24 | reports required in this Section
is a petty offense.
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25 | Except as provided in this paragraph, all reports filed | ||||||
26 | hereunder shall
be confidential and any person
having access to |
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1 | such records filed with the Illinois Workers' Compensation | ||||||
2 | Commission as
herein required, who shall release any | ||||||
3 | information therein contained
including the names or otherwise | ||||||
4 | identify any persons sustaining
injuries or disabilities, or | ||||||
5 | give access to such information to any
unauthorized person, | ||||||
6 | shall be subject to discipline or discharge, and in
addition | ||||||
7 | shall be guilty of a Class B misdemeanor. The Commission shall
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8 | compile and distribute to interested persons aggregate | ||||||
9 | statistics, taken
from the reports filed hereunder. The | ||||||
10 | aggregate statistics shall not give
the names or otherwise | ||||||
11 | identify persons sustaining injuries or disabilities
or the | ||||||
12 | employer of any injured or disabled person.
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13 | (c) Notice of the accident shall be given to the employer | ||||||
14 | as soon as
practicable, but not later than 45 days after the | ||||||
15 | accident. Provided:
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16 | (1) In case of the legal disability of the employee
or any | ||||||
17 | dependent of a
deceased employee who may be entitled to | ||||||
18 | compensation under the
provisions of this Act, the limitations | ||||||
19 | of time by this Act provided do
not begin to run against such | ||||||
20 | person under legal disability
until a
guardian has been | ||||||
21 | appointed.
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22 | (2) In cases of injuries sustained by exposure to | ||||||
23 | radiological
materials or equipment, notice shall be given to | ||||||
24 | the employer within 90
days subsequent to the time that the | ||||||
25 | employee knows or suspects that he
has received an excessive | ||||||
26 | dose of radiation.
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1 | No defect or inaccuracy of such notice shall be a bar to | ||||||
2 | the
maintenance of proceedings on arbitration or otherwise by | ||||||
3 | the employee
unless the employer proves that he is unduly | ||||||
4 | prejudiced in such
proceedings by such defect or inaccuracy.
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5 | Notice of the accident shall give the approximate date and | ||||||
6 | place of
the accident, if known, and may be given orally or in | ||||||
7 | writing.
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8 | (d) Every employer shall notify each injured employee who | ||||||
9 | has been
granted compensation under the provisions of Section 8 | ||||||
10 | of this Act
of his rights to rehabilitation services and advise | ||||||
11 | him of the locations
of available public rehabilitation centers | ||||||
12 | and any other such services
of which the employer has | ||||||
13 | knowledge.
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14 | In any case, other than one where the injury was caused by | ||||||
15 | exposure
to radiological materials or equipment or asbestos | ||||||
16 | unless the application for
compensation is filed with the | ||||||
17 | Commission within 3 years after the date
of the accident, where | ||||||
18 | no compensation has been paid, or within 2 years
after the date | ||||||
19 | of the last payment of compensation, where any has been
paid, | ||||||
20 | whichever shall be later, the right to file such application | ||||||
21 | shall
be barred.
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22 | In any case of injury caused by exposure to radiological | ||||||
23 | materials or
equipment or asbestos, unless application for | ||||||
24 | compensation is filed with the
Commission within 25 years after | ||||||
25 | the last day that the employee was
employed in an environment | ||||||
26 | of hazardous radiological activity or asbestos,
the right to |
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1 | file such application shall be barred.
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2 | If in any case except one where the injury was caused by | ||||||
3 | exposure to
radiological materials or equipment or asbestos, | ||||||
4 | the accidental injury
results in death application for | ||||||
5 | compensation for death may be filed with the
Commission within | ||||||
6 | 3 years after the date of death where no compensation
has been | ||||||
7 | paid or within 2 years after the date of the last payment of
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8 | compensation where any has been paid, whichever shall be later, | ||||||
9 | but not
thereafter.
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10 | If an accidental injury caused by exposure to radiological | ||||||
11 | material
or equipment or asbestos results in death within 25 | ||||||
12 | years after the last
day that the employee was so exposed | ||||||
13 | application for compensation for death may
be filed with the | ||||||
14 | Commission within 3 years after the date of death,
where no | ||||||
15 | compensation has been paid, or within 2 years after the date of
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16 | the last payment of compensation where any has been paid, | ||||||
17 | whichever
shall be later, but not thereafter.
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18 | (e) Any contract or agreement made by any employer or his | ||||||
19 | agent or
attorney with any employee or any other beneficiary of | ||||||
20 | any claim under
the provisions of this Act within 7 days after | ||||||
21 | the injury shall be
presumed to be fraudulent.
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22 | (f) Any condition or impairment of health of an employee | ||||||
23 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
24 | or paramedic which results
directly or indirectly from any | ||||||
25 | bloodborne pathogen, lung or respiratory
disease
or condition, | ||||||
26 | heart
or vascular disease or condition, hypertension, |
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1 | tuberculosis, or cancer
resulting in any disability | ||||||
2 | (temporary, permanent, total, or partial) to the
employee shall | ||||||
3 | be rebuttably presumed to arise out of and in the course of
the | ||||||
4 | employee's firefighting, EMT, or paramedic employment and, | ||||||
5 | further, shall
be
rebuttably presumed to be causally connected | ||||||
6 | to the hazards or exposures of
the employment. This presumption | ||||||
7 | shall also apply to any hernia or hearing
loss suffered by an | ||||||
8 | employee employed as a firefighter, EMT, or paramedic.
However, | ||||||
9 | this presumption shall not apply to any employee who has been | ||||||
10 | employed
as a firefighter, EMT, or paramedic for less than 5 | ||||||
11 | years at the time he or she files an Application for Adjustment | ||||||
12 | of Claim concerning this condition or impairment with the | ||||||
13 | Illinois Workers' Compensation Commission. The rebuttable | ||||||
14 | presumption established under this subsection, however, does | ||||||
15 | not apply to an emergency medical technician (EMT) or paramedic | ||||||
16 | employed by a private employer if the employee spends the | ||||||
17 | preponderance of his or her work time for that employer engaged | ||||||
18 | in medical transfers between medical care facilities or | ||||||
19 | non-emergency medical transfers to or from medical care | ||||||
20 | facilities. The changes made to this subsection by this | ||||||
21 | amendatory Act of the 98th General Assembly shall be narrowly | ||||||
22 | construed. The Finding and Decision of the Illinois Workers' | ||||||
23 | Compensation Commission under only the rebuttable presumption | ||||||
24 | provision of this subsection shall not be admissible or be | ||||||
25 | deemed res judicata in any disability claim under the Illinois | ||||||
26 | Pension Code arising out of the same medical condition; |
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1 | however, this sentence makes no change to the law set forth in | ||||||
2 | Krohe v. City of Bloomington, 204 Ill.2d 392.
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3 | (Source: P.A. 95-316, eff. 1-1-08.)
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4 | Section 10. The Workers' Occupational Diseases Act is | ||||||
5 | amended by changing Section 1 as follows:
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6 | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
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7 | Sec. 1. This Act shall be known and may be cited as the | ||||||
8 | "Workers'
Occupational Diseases Act".
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9 | (a) The term "employer" as used in this Act shall be | ||||||
10 | construed to
be:
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11 | 1. The State and each county, city, town, township, | ||||||
12 | incorporated
village, school district, body politic, or | ||||||
13 | municipal corporation
therein.
| ||||||
14 | 2. Every person, firm, public or private corporation, | ||||||
15 | including
hospitals, public service, eleemosynary, | ||||||
16 | religious or charitable
corporations or associations, who | ||||||
17 | has any person in service or under any
contract for hire, | ||||||
18 | express or implied, oral or written.
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19 | 3. Where an employer operating under and subject to the | ||||||
20 | provisions
of this Act loans an employee to another such | ||||||
21 | employer and such loaned
employee sustains a compensable | ||||||
22 | occupational disease in the employment
of such borrowing | ||||||
23 | employer and where such borrowing employer does not
provide | ||||||
24 | or pay the benefits or payments due such employee, such |
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1 | loaning
employer shall be liable to provide or pay all | ||||||
2 | benefits or payments due
such employee under this Act and | ||||||
3 | as to such employee the liability of
such loaning and | ||||||
4 | borrowing employers shall be joint and several,
provided | ||||||
5 | that such loaning employer shall in the absence of | ||||||
6 | agreement to
the contrary be entitled to receive from such | ||||||
7 | borrowing employer full
reimbursement for all sums paid or | ||||||
8 | incurred pursuant to this paragraph
together with | ||||||
9 | reasonable attorneys' fees and expenses in any hearings
| ||||||
10 | before the Illinois Workers' Compensation Commission or in | ||||||
11 | any action to secure such
reimbursement. Where any benefit | ||||||
12 | is provided or paid by such loaning
employer, the employee | ||||||
13 | shall have the duty of rendering reasonable
co-operation in | ||||||
14 | any hearings, trials or proceedings in the case,
including | ||||||
15 | such proceedings for reimbursement.
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16 | Where an employee files an Application for Adjustment | ||||||
17 | of Claim with
the Illinois Workers' Compensation | ||||||
18 | Commission alleging that his or her claim is covered by
the | ||||||
19 | provisions of the preceding paragraph, and joining both the | ||||||
20 | alleged
loaning and borrowing employers, they and each of | ||||||
21 | them, upon written
demand by the employee and within 7 days | ||||||
22 | after receipt of such demand,
shall have the duty of filing | ||||||
23 | with the Illinois Workers' Compensation Commission a | ||||||
24 | written
admission or denial of the allegation that the | ||||||
25 | claim is covered by the
provisions of the preceding | ||||||
26 | paragraph and in default of such filing or
if any such |
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1 | denial be ultimately determined not to have been bona fide
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2 | then the provisions of Paragraph K of Section 19 of this | ||||||
3 | Act shall
apply.
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4 | An employer whose business or enterprise or a | ||||||
5 | substantial part
thereof consists of hiring, procuring or | ||||||
6 | furnishing employees to or for
other employers operating | ||||||
7 | under and subject to the provisions of this
Act for the | ||||||
8 | performance of the work of such other employers and who | ||||||
9 | pays
such employees their salary or wage notwithstanding | ||||||
10 | that they are doing
the work of such other employers shall | ||||||
11 | be deemed a loaning employer
within the meaning and | ||||||
12 | provisions of this Section.
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13 | (b) The term "employee" as used in this Act, shall be | ||||||
14 | construed to
mean:
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15 | 1. Every person in the service of the State, county, | ||||||
16 | city, town,
township, incorporated village or school | ||||||
17 | district, body politic or
municipal corporation therein, | ||||||
18 | whether by election, appointment or
contract of hire, | ||||||
19 | express or implied, oral or written, including any
official | ||||||
20 | of the State, or of any county, city, town, township,
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21 | incorporated village, school district, body politic or | ||||||
22 | municipal
corporation therein and except any duly | ||||||
23 | appointed member of the fire
department in any city whose | ||||||
24 | population exceeds 500,000 according to the
last Federal or | ||||||
25 | State census, and except any member of a fire insurance
| ||||||
26 | patrol maintained by a board of underwriters in this State. |
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1 | One employed
by a contractor who has contracted with the | ||||||
2 | State, or a county, city,
town, township, incorporated | ||||||
3 | village, school district, body politic or
municipal | ||||||
4 | corporation therein, through its representatives, shall | ||||||
5 | not be
considered as an employee of the State, county, | ||||||
6 | city, town, township,
incorporated village, school | ||||||
7 | district, body politic or municipal
corporation which made | ||||||
8 | the contract.
| ||||||
9 | 2. Every person in the service of another under any | ||||||
10 | contract of
hire, express or implied, oral or written, who | ||||||
11 | contracts an occupational
disease while working in the | ||||||
12 | State of Illinois, or who contracts an
occupational disease | ||||||
13 | while working outside of the State of Illinois but
where | ||||||
14 | the contract of hire is made within the State of Illinois, | ||||||
15 | and any
person whose employment is principally localized | ||||||
16 | within the State of
Illinois, regardless of the place where | ||||||
17 | the disease was contracted or
place where the contract of | ||||||
18 | hire was made, including aliens, and minors
who, for the | ||||||
19 | purpose of this Act, except Section 3 hereof, shall be
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20 | considered the same and have the same power to contract, | ||||||
21 | receive
payments and give quittances therefor, as adult | ||||||
22 | employees. An employee
or his or her dependents under this | ||||||
23 | Act who shall have a cause of action
by reason of an | ||||||
24 | occupational disease, disablement or death arising out
of | ||||||
25 | and in the course of his or her employment may elect or | ||||||
26 | pursue
his or her remedy in the State where the disease was |
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1 | contracted, or in the
State where the contract of hire is | ||||||
2 | made, or in the State where the
employment is principally | ||||||
3 | localized.
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4 | (c) "Commission" means the Illinois Workers' Compensation | ||||||
5 | Commission created by the
Workers' Compensation Act, approved | ||||||
6 | July 9, 1951, as amended.
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7 | (d) In this Act the term "Occupational Disease" means a | ||||||
8 | disease
arising out of and in the course of the employment or | ||||||
9 | which has become
aggravated and rendered disabling as a result | ||||||
10 | of the exposure of the
employment. Such aggravation shall arise | ||||||
11 | out of a risk peculiar to or
increased by the employment and | ||||||
12 | not common to the general public.
| ||||||
13 | A disease shall be deemed to arise out of the employment if | ||||||
14 | there is
apparent to the rational mind, upon consideration of | ||||||
15 | all the
circumstances, a causal connection between the | ||||||
16 | conditions under which
the work is performed and the | ||||||
17 | occupational disease. The disease need not
to have been | ||||||
18 | foreseen or expected but after its contraction it must
appear | ||||||
19 | to have had its origin or aggravation in a risk connected with
| ||||||
20 | the employment and to have flowed from that source as a | ||||||
21 | rational
consequence.
| ||||||
22 | An employee shall be conclusively deemed to have been | ||||||
23 | exposed to the
hazards of an occupational disease when, for any | ||||||
24 | length of time however
short, he or she is employed in an | ||||||
25 | occupation or process in which the
hazard of the disease | ||||||
26 | exists; provided however, that in a claim of
exposure to atomic |
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| |||||||
1 | radiation, the fact of such exposure must be verified
by the | ||||||
2 | records of the central registry of radiation exposure | ||||||
3 | maintained
by the Department of Public Health or by some other | ||||||
4 | recognized
governmental agency maintaining records of such | ||||||
5 | exposures whenever and
to the extent that the records are on | ||||||
6 | file with the Department of Public
Health or the agency. | ||||||
7 | Any injury to or disease or death of an employee arising | ||||||
8 | from the administration of a vaccine, including without | ||||||
9 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
10 | to, a threatened or potential bioterrorist incident to the | ||||||
11 | employee as part of a voluntary inoculation program in | ||||||
12 | connection with the person's employment or in connection with | ||||||
13 | any governmental program or recommendation for the inoculation | ||||||
14 | of workers in the employee's occupation, geographical area, or | ||||||
15 | other category that includes the employee is deemed to arise | ||||||
16 | out of and in the course of the employment for all purposes | ||||||
17 | under this Act. This paragraph added by Public Act 93-829 is | ||||||
18 | declarative of existing law and is not a new enactment.
| ||||||
19 | The employer liable for the compensation in this Act | ||||||
20 | provided shall
be the employer in whose employment the employee | ||||||
21 | was last exposed to the
hazard of the occupational disease | ||||||
22 | claimed upon regardless of the length
of time of such last | ||||||
23 | exposure, except, in cases of silicosis or
asbestosis, the only | ||||||
24 | employer liable shall be the last employer in whose
employment | ||||||
25 | the employee was last exposed during a period of 60 days or
| ||||||
26 | more after the effective date of this Act, to the hazard of |
| |||||||
| |||||||
1 | such
occupational disease, and, in such cases, an exposure | ||||||
2 | during a period of
less than 60 days, after the effective date | ||||||
3 | of this Act, shall not be
deemed a last exposure. If a miner | ||||||
4 | who is suffering or suffered from
pneumoconiosis was employed | ||||||
5 | for 10 years or more in one or more coal
mines there shall, | ||||||
6 | effective July 1, 1973 be a rebuttable presumption
that his or | ||||||
7 | her pneumoconiosis arose out of such employment.
| ||||||
8 | If a deceased miner was employed for 10 years or more in | ||||||
9 | one or more
coal mines and died from a respirable disease there | ||||||
10 | shall, effective
July 1, 1973, be a rebuttable presumption that | ||||||
11 | his or her death was due
to pneumoconiosis.
| ||||||
12 | Any condition or impairment of health of an employee | ||||||
13 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
14 | or paramedic which results
directly or indirectly from any | ||||||
15 | bloodborne pathogen, lung or respiratory
disease
or
condition, | ||||||
16 | heart
or vascular disease or condition, hypertension, | ||||||
17 | tuberculosis, or cancer
resulting
in any disability | ||||||
18 | (temporary, permanent, total, or partial) to the employee
shall | ||||||
19 | be rebuttably presumed to arise out of and in the course of the
| ||||||
20 | employee's firefighting, EMT, or paramedic employment and, | ||||||
21 | further, shall be
rebuttably presumed to be causally connected | ||||||
22 | to the hazards or exposures of
the employment. This presumption | ||||||
23 | shall also apply to any hernia or hearing
loss suffered by an | ||||||
24 | employee employed as a firefighter, EMT, or paramedic.
However, | ||||||
25 | this presumption shall not apply to any employee who has been | ||||||
26 | employed
as a firefighter, EMT, or paramedic for less than 5 |
| |||||||
| |||||||
1 | years at the time he or she files an Application for Adjustment | ||||||
2 | of Claim concerning this condition or impairment with the | ||||||
3 | Illinois Workers' Compensation Commission. The rebuttable | ||||||
4 | presumption established under this subsection, however, does | ||||||
5 | not apply to an emergency medical technician (EMT) or paramedic | ||||||
6 | employed by a private employer if the employee spends the | ||||||
7 | preponderance of his or her work time for that employer engaged | ||||||
8 | in medical transfers between medical care facilities or | ||||||
9 | non-emergency medical transfers to or from medical care | ||||||
10 | facilities. The changes made to this subsection by this | ||||||
11 | amendatory Act of the 98th General Assembly shall be narrowly | ||||||
12 | construed. The Finding and Decision of the Illinois Workers' | ||||||
13 | Compensation Commission under only the rebuttable presumption | ||||||
14 | provision of this paragraph shall not be admissible or be | ||||||
15 | deemed res judicata in any disability claim under the Illinois | ||||||
16 | Pension Code arising out of the same medical condition; | ||||||
17 | however, this sentence makes no change to the law set forth in | ||||||
18 | Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||||||
19 | The insurance carrier liable shall be the carrier whose | ||||||
20 | policy was in
effect covering the employer liable on the last | ||||||
21 | day of the exposure
rendering such employer liable in | ||||||
22 | accordance with the provisions of this
Act.
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23 | (e) "Disablement" means an impairment or partial | ||||||
24 | impairment,
temporary or permanent, in the function of the body | ||||||
25 | or any of the
members of the body, or the event of becoming | ||||||
26 | disabled from earning full
wages at the work in which the |
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1 | employee was engaged when last exposed to
the hazards of the | ||||||
2 | occupational disease by the employer from whom he or
she claims | ||||||
3 | compensation, or equal wages in other suitable employment;
and | ||||||
4 | "disability" means the state of being so incapacitated.
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5 | (f) No compensation shall be payable for or on account of | ||||||
6 | any
occupational disease unless disablement, as herein | ||||||
7 | defined, occurs
within two years after the last day of the last | ||||||
8 | exposure to the hazards
of the disease, except in cases of | ||||||
9 | occupational disease caused by
berylliosis or by the inhalation | ||||||
10 | of silica dust or asbestos dust and, in
such cases, within 3 | ||||||
11 | years after the last day of the last exposure to
the hazards of | ||||||
12 | such disease and except in the case of occupational
disease | ||||||
13 | caused by exposure to radiological materials or equipment, and
| ||||||
14 | in such case, within 25 years after the last day of last | ||||||
15 | exposure to the
hazards of such disease.
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16 | (Source: P.A. 95-316, eff. 1-1-08; 95-331, eff. 8-21-07.)
|