Bill Text: IL SB2448 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. Authorizes the recording of an employee's medical exam with the consent of the employee and the physician. Provides for the use of the recording as evidence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2448 Detail]

Download: Illinois-2017-SB2448-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2448 Introduced 1/30/2018, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
820 ILCS 305/4b
820 ILCS 305/12 from Ch. 48, par. 138.12
820 ILCS 305/19 from Ch. 48, par. 138.19
Amends the Workers' Compensation Act. Authorizes the recording of an employee's medical exam with the consent of the employee and the physician. Provides for the use of the recording as evidence.
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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 Sections 4b, 12, and 19 as follows:
(820 ILCS 305/4b)
Sec. 4b. Collective bargaining pilot program.
(a) The Director of the Department of Labor shall adopt a
selection process to designate 2 international, national, or
statewide organizations made up of affiliates who are the
exclusive representatives of construction employer employees
recognized or certified pursuant to the National Labor
Relations Act to participate in the collective bargaining pilot
program provided for in this Section.
(a-5) For purposes of this Section, the term "construction
employer" means any person or legal entity or group of persons
or legal entities engaging in or planning to engage in any
constructing, altering, reconstructing, repairing,
rehabilitating, refinishing, refurbishing, remodeling,
remediating, renovating, custom fabricating, maintaining,
landscaping, improving, wrecking, painting, decorating,
demolishing, and adding to or subtracting from any building,
structure, airport facility, highway, roadway, street, alley,

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bridge, sewer, drain, ditch, sewage disposal plant, water
works, parking facility, railroad, excavation or other
project, structure, development, real property or improvement,
or to do any part thereof, whether or not the performance of
the work herein described involves the addition to, or
fabrication into, any project, structure, development, real
property or improvement herein described, and shall also
include any moving of construction-related materials on the job
site or to or from the job site.
For purposes of this Section, "labor organization" means an
affiliate of an international, national, or statewide
organization that has been selected by the Department of Labor
to participate in the collective bargaining pilot program as
provided for in this Section.
(b) Upon appropriate filing, the Commission and the courts
of this State shall recognize as valid and binding any
provision in a collective bargaining agreement between any
construction employer or group of construction employers and a
labor organization, which contains certain obligations and
procedures relating to workers' compensation. This agreement
must be limited to, but need not include, all of the following:
(1) An alternative dispute resolution ("ADR") system
to supplement, modify or replace the procedural or dispute
resolution provisions of this Act. The system may include
mediation, arbitration, or other dispute resolution
proceedings, the results of which shall be final and

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binding upon the parties;
(2) An agreed list of medical treatment providers that
may be the exclusive source of all medical and related
treatment provided under this Act;
(3) The use of a limited list of impartial physicians
to conduct independent medical examinations that may be
openly recorded for later use as evidence so long as the
employee and physician both consent;
(4) The creation of a light duty, modified job, or
return to work program;
(5) The use of a limited list of individuals and
companies for the establishment of vocational
rehabilitation or retraining programs that may be the
exclusive source of rehabilitation and retraining services
provided under this Act; or
(6) The establishment of joint labor management safety
committees and safety procedures.
(c) Void agreements. Nothing in this Section shall be
construed to authorize any provision in a collective bargaining
agreement that diminishes or increases a construction
employer's entitlements under this Act or an employee's
entitlement to benefits as otherwise set forth in this Act. For
the purposes of this Section, the procedural rights and dispute
resolution agreements under subparagraphs (1) through (6) of
subsection (b) of this Section are not agreements which
diminish or increase a construction employer's entitlements

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under this Act or an employee's entitlement to benefits under
this Act. Any agreement that diminishes or increases a
construction employer's entitlements under this Act or an
employee's entitlement to benefits as set forth in this Act is
null and void. Nothing in this Section shall be construed as
creating a mandatory subject of bargaining.
(d) Form of agreement. The agreement reached herein shall
demonstrate that:
(1) The construction employer or group of construction
employers and the recognized or certified exclusive
bargaining representative have entered into a binding
collective bargaining agreement adopting the ADR plan for a
period of no less than 2 years;
(2) Contractual agreements have been reached with the
construction employer's workers' compensation carrier,
group self-insurance fund, and any excess carriers
relating to the ADR plan;
(3) Procedures have been established by which claims
for benefits by employees will be lodged, administered, and
decided while affording procedural due process;
(4) The plan has designated forms upon which claims for
benefits shall be made;
(5) The system and means by which the construction
employer's obligation to furnish medical services and
vocational rehabilitation and retraining benefits shall be
fulfilled and provider selected;

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(6) The method by which mediators or arbitrators are to
be selected.
(e) Filing. A copy of the agreement and a statement
identifying the parties to the agreement shall be filed with
the Commission. Within 21 days of receipt of an agreement, the
Chairman shall review the agreement for compliance with this
Section and notify the parties of its acceptance or notify the
parties of any additional information required or any
recommended modification that would bring the agreement into
compliance. If no additional information or modification is
required, the agreement shall be valid and binding from the
time the parties receive acceptance of the agreement from the
Chairman. Upon receipt of any requested information or
modification, the Chairman shall notify the parties within 21
days whether the agreement is in compliance with this Section.
All rejections made by the Chairman under this subsection shall
be subject to review by the courts of this State, said review
to be taken in the same manner and within the same time as
provided by Section 19 of this Act for review of awards and
decisions of the Commission. Upon the review, the Circuit Court
shall have power to review all questions of fact as well as of
law.
(f) Notice to insurance carrier. If the construction
employer is insured under this Act, it shall provide notice to
and obtain consent from its insurance carrier, in the manner
provided in the insurance contract, of its intent to enter into

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an agreement as provided in this Section with its employees.
(g) Employees' claims for workers' compensation benefits.
(1) Claims for benefits shall be filed with the ADR
plan administrator within those periods of limitation
prescribed by this Act. Within 10 days of the filing of a
claim, the ADR plan administrator shall serve a copy of the
claim application upon the Commission, which shall
maintain records of all ADR claims and resolutions.
(2) Settlements of claims presented to the ADR plan
administrator shall be evidenced by a settlement
agreement. All such settlements shall be filed with the ADR
plan administrator, who within 10 days shall forward a copy
to the Commission for recording.
(3) Upon assignment of claims, unless settled,
mediators and arbitrators shall render final orders
containing essential findings of fact, rulings of law and
referring to other matters as pertinent to the questions at
issue. The ADR plan administrator shall maintain a record
of the proceedings.
(h) Reporting requirements. Annually, each ADR plan
administrator shall submit a report to the Commission
containing the following information:
(1) The number of employees within the ADR program;
(2) The number of occurrences of work-related injuries
or diseases;
(3) The breakdown within the ADR program of injuries

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and diseases treated;
(4) The total amount of disability benefits paid within
the ADR program;
(5) The total medical treatment cost paid within the
ADR program;
(6) The number of claims filed within the ADR program;
and
(7) The disposition of all claims.
(Source: P.A. 97-18, eff. 6-28-11.)
(820 ILCS 305/12) (from Ch. 48, par. 138.12)
Sec. 12. An employee entitled to receive disability
payments shall be required, if requested by the employer, to
submit himself, at the expense of the employer, for examination
to a duly qualified medical practitioner or surgeon selected by
the employer, at any time and place reasonably convenient for
the employee, either within or without the State of Illinois,
for the purpose of determining the nature, extent and probable
duration of the injury received by the employee, and for the
purpose of ascertaining the amount of compensation which may be
due the employee from time to time for disability according to
the provisions of this Act. The examination may be recorded
with the consent of the employee and the practitioner for later
use as evidence. An employee may also be required to submit
himself for examination by medical experts under subsection (c)
of Section 19.

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An employer requesting such an examination, of an employee
residing within the State of Illinois, shall deliver to the
employee with the notice of the time and place of examination
sufficient money to defray the necessary expense of travel by
the most convenient means to and from the place of examination,
and the cost of meals necessary during the trip, and if the
examination or travel to and from the place of examination
causes any loss of working time on the part of the employee,
the employer shall reimburse him for such loss of wages upon
the basis of his average daily wage. Such examination shall be
made in the presence of a duly qualified medical practitioner
or surgeon provided and paid for by the employee, if such
employee so desires.
In all cases where the examination is made by a surgeon
engaged by the employer, and the injured employee has no
surgeon present at such examination, it shall be the duty of
the surgeon making the examination at the instance of the
employer to deliver to the injured employee, or his
representative, a statement in writing of the condition and
extent of the injury to the same extent that said surgeon
reports to the employer and the same shall be an exact copy of
that furnished to the employer, said copy to be furnished the
employee, or his representative as soon as practicable but not
later than 48 hours before the time the case is set for
hearing. Such delivery shall be made in person either to the
employee or his representative, or by registered mail to

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either, and the receipt of either shall be proof of such
delivery. If such surgeon refuses to furnish the employee with
such statement to the same extent as that furnished the
employer said surgeon shall not be permitted to testify at the
hearing next following said examination.
If the employee refuses so to submit himself to examination
or unnecessarily obstructs the same, his right to compensation
payments shall be temporarily suspended until such examination
shall have taken place, and no compensation shall be payable
under this Act for such period.
It shall be the duty of surgeons treating an injured
employee who is likely to die, and treating him at the instance
of the employer, to have called in another surgeon to be
designated and paid for by either the injured employee or by
the person or persons who would become his beneficiary or
beneficiaries, to make an examination before the death of such
injured employee.
In all cases where the examination is made by a surgeon
engaged by the injured employee, and the employer has no
surgeon present at such examination, it shall be the duty of
the surgeon making the examination at the instance of the
employee, to deliver to the employer, or his representative, a
statement in writing of the condition and extent of the injury
to the same extent that said surgeon reports to the employee
and the same shall be an exact copy of that furnished to the
employee, said copy to be furnished the employer, or his

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representative, as soon as practicable but not later than 48
hours before the time the case is set for hearing. Such
delivery shall be made in person either to the employer, or his
representative, or by registered mail to either, and the
receipt of either shall be proof of such delivery. If such
surgeon refuses to furnish the employer with such statement to
the same extent as that furnished the employee, said surgeon
shall not be permitted to testify at the hearing next following
said examination.
(Source: P.A. 94-277, eff. 7-20-05.)
(820 ILCS 305/19) (from Ch. 48, par. 138.19)
Sec. 19. Any disputed questions of law or fact shall be
determined as herein provided.
(a) It shall be the duty of the Commission upon
notification that the parties have failed to reach an
agreement, to designate an Arbitrator.
1. Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under this Act
and it is subsequently discovered, at any time before final
disposition of such cause, that the claim for disability or
death which was the basis for such application should
properly have been made under the Workers' Occupational
Diseases Act, then the provisions of Section 19, paragraph
(a-1) of the Workers' Occupational Diseases Act having
reference to such application shall apply.

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2. Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under the
Workers' Occupational Diseases Act and it is subsequently
discovered, at any time before final disposition of such
cause that the claim for injury or death which was the
basis for such application should properly have been made
under this Act, then the application so filed under the
Workers' Occupational Diseases Act may be amended in form,
substance or both to assert claim for such disability or
death under this Act and it shall be deemed to have been so
filed as amended on the date of the original filing
thereof, and such compensation may be awarded as is
warranted by the whole evidence pursuant to this Act. When
such amendment is submitted, further or additional
evidence may be heard by the Arbitrator or Commission when
deemed necessary. Nothing in this Section contained shall
be construed to be or permit a waiver of any provisions of
this Act with reference to notice but notice if given shall
be deemed to be a notice under the provisions of this Act
if given within the time required herein.
(b) The Arbitrator shall make such inquiries and
investigations as he or they shall deem necessary and may
examine and inspect all books, papers, records, places, or
premises relating to the questions in dispute and hear such
proper evidence as the parties may submit.
The hearings before the Arbitrator shall be held in the

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vicinity where the injury occurred after 10 days' notice of the
time and place of such hearing shall have been given to each of
the parties or their attorneys of record.
The Arbitrator may find that the disabling condition is
temporary and has not yet reached a permanent condition and may
order the payment of compensation up to the date of the
hearing, which award shall be reviewable and enforceable in the
same manner as other awards, and in no instance be a bar to a
further hearing and determination of a further amount of
temporary total compensation or of compensation for permanent
disability, but shall be conclusive as to all other questions
except the nature and extent of said disability.
The decision of the Arbitrator shall be filed with the
Commission which Commission shall immediately send to each
party or his attorney a copy of such decision, together with a
notification of the time when it was filed. As of the effective
date of this amendatory Act of the 94th General Assembly, all
decisions of the Arbitrator shall set forth in writing findings
of fact and conclusions of law, separately stated, if requested
by either party. Unless a petition for review is filed by
either party within 30 days after the receipt by such party of
the copy of the decision and notification of time when filed,
and unless such party petitioning for a review shall within 35
days after the receipt by him of the copy of the decision, file
with the Commission either an agreed statement of the facts
appearing upon the hearing before the Arbitrator, or if such

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party shall so elect a correct transcript of evidence of the
proceedings at such hearings, then the decision shall become
the decision of the Commission and in the absence of fraud
shall be conclusive. The Petition for Review shall contain a
statement of the petitioning party's specific exceptions to the
decision of the arbitrator. The jurisdiction of the Commission
to review the decision of the arbitrator shall not be limited
to the exceptions stated in the Petition for Review. The
Commission, or any member thereof, may grant further time not
exceeding 30 days, in which to file such agreed statement or
transcript of evidence. Such agreed statement of facts or
correct transcript of evidence, as the case may be, shall be
authenticated by the signatures of the parties or their
attorneys, and in the event they do not agree as to the
correctness of the transcript of evidence it shall be
authenticated by the signature of the Arbitrator designated by
the Commission.
Whether the employee is working or not, if the employee is
not receiving or has not received medical, surgical, or
hospital services or other services or compensation as provided
in paragraph (a) of Section 8, or compensation as provided in
paragraph (b) of Section 8, the employee may at any time
petition for an expedited hearing by an Arbitrator on the issue
of whether or not he or she is entitled to receive payment of
the services or compensation. Provided the employer continues
to pay compensation pursuant to paragraph (b) of Section 8, the

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employer may at any time petition for an expedited hearing on
the issue of whether or not the employee is entitled to receive
medical, surgical, or hospital services or other services or
compensation as provided in paragraph (a) of Section 8, or
compensation as provided in paragraph (b) of Section 8. When an
employer has petitioned for an expedited hearing, the employer
shall continue to pay compensation as provided in paragraph (b)
of Section 8 unless the arbitrator renders a decision that the
employee is not entitled to the benefits that are the subject
of the expedited hearing or unless the employee's treating
physician has released the employee to return to work at his or
her regular job with the employer or the employee actually
returns to work at any other job. If the arbitrator renders a
decision that the employee is not entitled to the benefits that
are the subject of the expedited hearing, a petition for review
filed by the employee shall receive the same priority as if the
employee had filed a petition for an expedited hearing by an
Arbitrator. Neither party shall be entitled to an expedited
hearing when the employee has returned to work and the sole
issue in dispute amounts to less than 12 weeks of unpaid
compensation pursuant to paragraph (b) of Section 8.
Expedited hearings shall have priority over all other
petitions and shall be heard by the Arbitrator and Commission
with all convenient speed. Any party requesting an expedited
hearing shall give notice of a request for an expedited hearing
under this paragraph. A copy of the Application for Adjustment

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of Claim shall be attached to the notice. The Commission shall
adopt rules and procedures under which the final decision of
the Commission under this paragraph is filed not later than 180
days from the date that the Petition for Review is filed with
the Commission.
Where 2 or more insurance carriers, private self-insureds,
or a group workers' compensation pool under Article V 3/4 of
the Illinois Insurance Code dispute coverage for the same
injury, any such insurance carrier, private self-insured, or
group workers' compensation pool may request an expedited
hearing pursuant to this paragraph to determine the issue of
coverage, provided coverage is the only issue in dispute and
all other issues are stipulated and agreed to and further
provided that all compensation benefits including medical
benefits pursuant to Section 8(a) continue to be paid to or on
behalf of petitioner. Any insurance carrier, private
self-insured, or group workers' compensation pool that is
determined to be liable for coverage for the injury in issue
shall reimburse any insurance carrier, private self-insured,
or group workers' compensation pool that has paid benefits to
or on behalf of petitioner for the injury.
(b-1) If the employee is not receiving medical, surgical or
hospital services as provided in paragraph (a) of Section 8 or
compensation as provided in paragraph (b) of Section 8, the
employee, in accordance with Commission Rules, may file a
petition for an emergency hearing by an Arbitrator on the issue

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of whether or not he is entitled to receive payment of such
compensation or services as provided therein. Such petition
shall have priority over all other petitions and shall be heard
by the Arbitrator and Commission with all convenient speed.
Such petition shall contain the following information and
shall be served on the employer at least 15 days before it is
filed:
(i) the date and approximate time of accident;
(ii) the approximate location of the accident;
(iii) a description of the accident;
(iv) the nature of the injury incurred by the employee;
(v) the identity of the person, if known, to whom the
accident was reported and the date on which it was
reported;
(vi) the name and title of the person, if known,
representing the employer with whom the employee conferred
in any effort to obtain compensation pursuant to paragraph
(b) of Section 8 of this Act or medical, surgical or
hospital services pursuant to paragraph (a) of Section 8 of
this Act and the date of such conference;
(vii) a statement that the employer has refused to pay
compensation pursuant to paragraph (b) of Section 8 of this
Act or for medical, surgical or hospital services pursuant
to paragraph (a) of Section 8 of this Act;
(viii) the name and address, if known, of each witness
to the accident and of each other person upon whom the

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employee will rely to support his allegations;
(ix) the dates of treatment related to the accident by
medical practitioners, and the names and addresses of such
practitioners, including the dates of treatment related to
the accident at any hospitals and the names and addresses
of such hospitals, and a signed authorization permitting
the employer to examine all medical records of all
practitioners and hospitals named pursuant to this
paragraph;
(x) a copy of a signed report by a medical
practitioner, relating to the employee's current inability
to return to work because of the injuries incurred as a
result of the accident or such other documents or
affidavits which show that the employee is entitled to
receive compensation pursuant to paragraph (b) of Section 8
of this Act or medical, surgical or hospital services
pursuant to paragraph (a) of Section 8 of this Act. Such
reports, documents or affidavits shall state, if possible,
the history of the accident given by the employee, and
describe the injury and medical diagnosis, the medical
services for such injury which the employee has received
and is receiving, the physical activities which the
employee cannot currently perform as a result of any
impairment or disability due to such injury, and the
prognosis for recovery;
(xi) complete copies of any reports, records,

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documents and affidavits in the possession of the employee
on which the employee will rely to support his allegations,
provided that the employer shall pay the reasonable cost of
reproduction thereof;
(xii) a list of any reports, records, documents and
affidavits which the employee has demanded by subpoena and
on which he intends to rely to support his allegations;
(xiii) a certification signed by the employee or his
representative that the employer has received the petition
with the required information 15 days before filing.
Fifteen days after receipt by the employer of the petition
with the required information the employee may file said
petition and required information and shall serve notice of the
filing upon the employer. The employer may file a motion
addressed to the sufficiency of the petition. If an objection
has been filed to the sufficiency of the petition, the
arbitrator shall rule on the objection within 2 working days.
If such an objection is filed, the time for filing the final
decision of the Commission as provided in this paragraph shall
be tolled until the arbitrator has determined that the petition
is sufficient.
The employer shall, within 15 days after receipt of the
notice that such petition is filed, file with the Commission
and serve on the employee or his representative a written
response to each claim set forth in the petition, including the
legal and factual basis for each disputed allegation and the

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following information: (i) complete copies of any reports,
records, documents and affidavits in the possession of the
employer on which the employer intends to rely in support of
his response, (ii) a list of any reports, records, documents
and affidavits which the employer has demanded by subpoena and
on which the employer intends to rely in support of his
response, (iii) the name and address of each witness on whom
the employer will rely to support his response, and (iv) the
names and addresses of any medical practitioners selected by
the employer pursuant to Section 12 of this Act and the time
and place of any examination scheduled to be made pursuant to
such Section.
Any employer who does not timely file and serve a written
response without good cause may not introduce any evidence to
dispute any claim of the employee but may cross examine the
employee or any witness brought by the employee and otherwise
be heard.
No document or other evidence not previously identified by
either party with the petition or written response, or by any
other means before the hearing, may be introduced into evidence
without good cause. If, at the hearing, material information is
discovered which was not previously disclosed, the Arbitrator
may extend the time for closing proof on the motion of a party
for a reasonable period of time which may be more than 30 days.
No evidence may be introduced pursuant to this paragraph as to
permanent disability. No award may be entered for permanent

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disability pursuant to this paragraph. Either party may
introduce into evidence the testimony taken by deposition of
any medical practitioner.
The Commission shall adopt rules, regulations and
procedures whereby the final decision of the Commission is
filed not later than 90 days from the date the petition for
review is filed but in no event later than 180 days from the
date the petition for an emergency hearing is filed with the
Illinois Workers' Compensation Commission.
All service required pursuant to this paragraph (b-1) must
be by personal service or by certified mail and with evidence
of receipt. In addition for the purposes of this paragraph, all
service on the employer must be at the premises where the
accident occurred if the premises are owned or operated by the
employer. Otherwise service must be at the employee's principal
place of employment by the employer. If service on the employer
is not possible at either of the above, then service shall be
at the employer's principal place of business. After initial
service in each case, service shall be made on the employer's
attorney or designated representative.
(c)(1) At a reasonable time in advance of and in connection
with the hearing under Section 19(e) or 19(h), the Commission
may on its own motion order an impartial physical or mental
examination of a petitioner whose mental or physical condition
is in issue, when in the Commission's discretion it appears
that such an examination will materially aid in the just

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determination of the case. The examination shall be made by a
member or members of a panel of physicians chosen for their
special qualifications by the Illinois State Medical Society.
The Commission shall establish procedures by which a physician
shall be selected from such list.
(2) Should the Commission at any time during the hearing
find that compelling considerations make it advisable to have
an examination and report at that time, the commission may in
its discretion so order.
(3) A copy of the report of examination shall be given to
the Commission and to the attorneys for the parties.
(3.5) The examination may be recorded with the consent of
the employee and the examining physicians, and any such
recording shall be given to the Commission and to the attorneys
for the parties.
(4) Either party or the Commission may call the examining
physician or physicians to testify. Any physician so called
shall be subject to cross-examination.
(5) The examination shall be made, and the physician or
physicians, if called, shall testify, without cost to the
parties. The Commission shall determine the compensation and
the pay of the physician or physicians. The compensation for
this service shall not exceed the usual and customary amount
for such service.
(6) The fees and payment thereof of all attorneys and
physicians for services authorized by the Commission under this

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Act shall, upon request of either the employer or the employee
or the beneficiary affected, be subject to the review and
decision of the Commission.
(d) If any employee shall persist in insanitary or
injurious practices which tend to either imperil or retard his
recovery or shall refuse to submit to such medical, surgical,
or hospital treatment as is reasonably essential to promote his
recovery, the Commission may, in its discretion, reduce or
suspend the compensation of any such injured employee. However,
when an employer and employee so agree in writing, the
foregoing provision shall not be construed to authorize the
reduction or suspension of compensation of an employee who is
relying in good faith, on treatment by prayer or spiritual
means alone, in accordance with the tenets and practice of a
recognized church or religious denomination, by a duly
accredited practitioner thereof.
(e) This paragraph shall apply to all hearings before the
Commission. Such hearings may be held in its office or
elsewhere as the Commission may deem advisable. The taking of
testimony on such hearings may be had before any member of the
Commission. If a petition for review and agreed statement of
facts or transcript of evidence is filed, as provided herein,
the Commission shall promptly review the decision of the
Arbitrator and all questions of law or fact which appear from
the statement of facts or transcript of evidence.
In all cases in which the hearing before the arbitrator is

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held after December 18, 1989, no additional evidence shall be
introduced by the parties before the Commission on review of
the decision of the Arbitrator. In reviewing decisions of an
arbitrator the Commission shall award such temporary
compensation, permanent compensation and other payments as are
due under this Act. The Commission shall file in its office its
decision thereon, and shall immediately send to each party or
his attorney a copy of such decision and a notification of the
time when it was filed. Decisions shall be filed within 60 days
after the Statement of Exceptions and Supporting Brief and
Response thereto are required to be filed or oral argument
whichever is later.
In the event either party requests oral argument, such
argument shall be had before a panel of 3 members of the
Commission (or before all available members pursuant to the
determination of 7 members of the Commission that such argument
be held before all available members of the Commission)
pursuant to the rules and regulations of the Commission. A
panel of 3 members, which shall be comprised of not more than
one representative citizen of the employing class and not more
than one representative citizen of the employee class, shall
hear the argument; provided that if all the issues in dispute
are solely the nature and extent of the permanent partial
disability, if any, a majority of the panel may deny the
request for such argument and such argument shall not be held;
and provided further that 7 members of the Commission may

SB2448 - 24 - LRB100 18057 JLS 33247 b
determine that the argument be held before all available
members of the Commission. A decision of the Commission shall
be approved by a majority of Commissioners present at such
hearing if any; provided, if no such hearing is held, a
decision of the Commission shall be approved by a majority of a
panel of 3 members of the Commission as described in this
Section. The Commission shall give 10 days' notice to the
parties or their attorneys of the time and place of such taking
of testimony and of such argument.
In any case the Commission in its decision may find
specially upon any question or questions of law or fact which
shall be submitted in writing by either party whether ultimate
or otherwise; provided that on issues other than nature and
extent of the disability, if any, the Commission in its
decision shall find specially upon any question or questions of
law or fact, whether ultimate or otherwise, which are submitted
in writing by either party; provided further that not more than
5 such questions may be submitted by either party. Any party
may, within 20 days after receipt of notice of the Commission's
decision, or within such further time, not exceeding 30 days,
as the Commission may grant, file with the Commission either an
agreed statement of the facts appearing upon the hearing, or,
if such party shall so elect, a correct transcript of evidence
of the additional proceedings presented before the Commission,
in which report the party may embody a correct statement of
such other proceedings in the case as such party may desire to

SB2448 - 25 - LRB100 18057 JLS 33247 b
have reviewed, such statement of facts or transcript of
evidence to be authenticated by the signature of the parties or
their attorneys, and in the event that they do not agree, then
the authentication of such transcript of evidence shall be by
the signature of any member of the Commission.
If a reporter does not for any reason furnish a transcript
of the proceedings before the Arbitrator in any case for use on
a hearing for review before the Commission, within the
limitations of time as fixed in this Section, the Commission
may, in its discretion, order a trial de novo before the
Commission in such case upon application of either party. The
applications for adjustment of claim and other documents in the
nature of pleadings filed by either party, together with the
decisions of the Arbitrator and of the Commission and the
statement of facts or transcript of evidence hereinbefore
provided for in paragraphs (b) and (c) shall be the record of
the proceedings of the Commission, and shall be subject to
review as hereinafter provided.
At the request of either party or on its own motion, the
Commission shall set forth in writing the reasons for the
decision, including findings of fact and conclusions of law
separately stated. The Commission shall by rule adopt a format
for written decisions for the Commission and arbitrators. The
written decisions shall be concise and shall succinctly state
the facts and reasons for the decision. The Commission may
adopt in whole or in part, the decision of the arbitrator as

SB2448 - 26 - LRB100 18057 JLS 33247 b
the decision of the Commission. When the Commission does so
adopt the decision of the arbitrator, it shall do so by order.
Whenever the Commission adopts part of the arbitrator's
decision, but not all, it shall include in the order the
reasons for not adopting all of the arbitrator's decision. When
a majority of a panel, after deliberation, has arrived at its
decision, the decision shall be filed as provided in this
Section without unnecessary delay, and without regard to the
fact that a member of the panel has expressed an intention to
dissent. Any member of the panel may file a dissent. Any
dissent shall be filed no later than 10 days after the decision
of the majority has been filed.
Decisions rendered by the Commission and dissents, if any,
shall be published together by the Commission. The conclusions
of law set out in such decisions shall be regarded as
precedents by arbitrators for the purpose of achieving a more
uniform administration of this Act.
(f) The decision of the Commission acting within its
powers, according to the provisions of paragraph (e) of this
Section shall, in the absence of fraud, be conclusive unless
reviewed as in this paragraph hereinafter provided. However,
the Arbitrator or the Commission may on his or its own motion,
or on the motion of either party, correct any clerical error or
errors in computation within 15 days after the date of receipt
of any award by such Arbitrator or any decision on review of
the Commission and shall have the power to recall the original

SB2448 - 27 - LRB100 18057 JLS 33247 b
award on arbitration or decision on review, and issue in lieu
thereof such corrected award or decision. Where such correction
is made the time for review herein specified shall begin to run
from the date of the receipt of the corrected award or
decision.
(1) Except in cases of claims against the State of
Illinois other than those claims under Section 18.1, in
which case the decision of the Commission shall not be
subject to judicial review, the Circuit Court of the county
where any of the parties defendant may be found, or if none
of the parties defendant can be found in this State then
the Circuit Court of the county where the accident
occurred, shall by summons to the Commission have power to
review all questions of law and fact presented by such
record.
A proceeding for review shall be commenced within 20
days of the receipt of notice of the decision of the
Commission. The summons shall be issued by the clerk of
such court upon written request returnable on a designated
return day, not less than 10 or more than 60 days from the
date of issuance thereof, and the written request shall
contain the last known address of other parties in interest
and their attorneys of record who are to be served by
summons. Service upon any member of the Commission or the
Secretary or the Assistant Secretary thereof shall be
service upon the Commission, and service upon other parties

SB2448 - 28 - LRB100 18057 JLS 33247 b
in interest and their attorneys of record shall be by
summons, and such service shall be made upon the Commission
and other parties in interest by mailing notices of the
commencement of the proceedings and the return day of the
summons to the office of the Commission and to the last
known place of residence of other parties in interest or
their attorney or attorneys of record. The clerk of the
court issuing the summons shall on the day of issue mail
notice of the commencement of the proceedings which shall
be done by mailing a copy of the summons to the office of
the Commission, and a copy of the summons to the other
parties in interest or their attorney or attorneys of
record and the clerk of the court shall make certificate
that he has so sent said notices in pursuance of this
Section, which shall be evidence of service on the
Commission and other parties in interest.
The Commission shall not be required to certify the
record of their proceedings to the Circuit Court, unless
the party commencing the proceedings for review in the
Circuit Court as above provided, shall file with the
Commission notice of intent to file for review in Circuit
Court. It shall be the duty of the Commission upon such
filing of notice of intent to file for review in the
Circuit Court to prepare a true and correct copy of such
testimony and a true and correct copy of all other matters
contained in such record and certified to by the Secretary

SB2448 - 29 - LRB100 18057 JLS 33247 b
or Assistant Secretary thereof. The changes made to this
subdivision (f)(1) by this amendatory Act of the 98th
General Assembly apply to any Commission decision entered
after the effective date of this amendatory Act of the 98th
General Assembly.
No request for a summons may be filed and no summons
shall issue unless the party seeking to review the decision
of the Commission shall exhibit to the clerk of the Circuit
Court proof of filing with the Commission of the notice of
the intent to file for review in the Circuit Court or an
affidavit of the attorney setting forth that notice of
intent to file for review in the Circuit Court has been
given in writing to the Secretary or Assistant Secretary of
the Commission.
(2) No such summons shall issue unless the one against
whom the Commission shall have rendered an award for the
payment of money shall upon the filing of his written
request for such summons file with the clerk of the court a
bond conditioned that if he shall not successfully
prosecute the review, he will pay the award and the costs
of the proceedings in the courts. The amount of the bond
shall be fixed by any member of the Commission and the
surety or sureties of the bond shall be approved by the
clerk of the court. The acceptance of the bond by the clerk
of the court shall constitute evidence of his approval of
the bond.

SB2448 - 30 - LRB100 18057 JLS 33247 b
Every county, city, town, township, incorporated
village, school district, body politic or municipal
corporation against whom the Commission shall have
rendered an award for the payment of money shall not be
required to file a bond to secure the payment of the award
and the costs of the proceedings in the court to authorize
the court to issue such summons.
The court may confirm or set aside the decision of the
Commission. If the decision is set aside and the facts
found in the proceedings before the Commission are
sufficient, the court may enter such decision as is
justified by law, or may remand the cause to the Commission
for further proceedings and may state the questions
requiring further hearing, and give such other
instructions as may be proper. Appeals shall be taken to
the Appellate Court in accordance with Supreme Court Rules
22(g) and 303. Appeals shall be taken from the Appellate
Court to the Supreme Court in accordance with Supreme Court
Rule 315.
It shall be the duty of the clerk of any court
rendering a decision affecting or affirming an award of the
Commission to promptly furnish the Commission with a copy
of such decision, without charge.
The decision of a majority of the members of the panel
of the Commission, shall be considered the decision of the
Commission.

SB2448 - 31 - LRB100 18057 JLS 33247 b
(g) Except in the case of a claim against the State of
Illinois, either party may present a certified copy of the
award of the Arbitrator, or a certified copy of the decision of
the Commission when the same has become final, when no
proceedings for review are pending, providing for the payment
of compensation according to this Act, to the Circuit Court of
the county in which such accident occurred or either of the
parties are residents, whereupon the court shall enter a
judgment in accordance therewith. In a case where the employer
refuses to pay compensation according to such final award or
such final decision upon which such judgment is entered the
court shall in entering judgment thereon, tax as costs against
him the reasonable costs and attorney fees in the arbitration
proceedings and in the court entering the judgment for the
person in whose favor the judgment is entered, which judgment
and costs taxed as therein provided shall, until and unless set
aside, have the same effect as though duly entered in an action
duly tried and determined by the court, and shall with like
effect, be entered and docketed. The Circuit Court shall have
power at any time upon application to make any such judgment
conform to any modification required by any subsequent decision
of the Supreme Court upon appeal, or as the result of any
subsequent proceedings for review, as provided in this Act.
Judgment shall not be entered until 15 days' notice of the
time and place of the application for the entry of judgment
shall be served upon the employer by filing such notice with

SB2448 - 32 - LRB100 18057 JLS 33247 b
the Commission, which Commission shall, in case it has on file
the address of the employer or the name and address of its
agent upon whom notices may be served, immediately send a copy
of the notice to the employer or such designated agent.
(h) An agreement or award under this Act providing for
compensation in installments, may at any time within 18 months
after such agreement or award be reviewed by the Commission at
the request of either the employer or the employee, on the
ground that the disability of the employee has subsequently
recurred, increased, diminished or ended.
However, as to accidents occurring subsequent to July 1,
1955, which are covered by any agreement or award under this
Act providing for compensation in installments made as a result
of such accident, such agreement or award may at any time
within 30 months, or 60 months in the case of an award under
Section 8(d)1, after such agreement or award be reviewed by the
Commission at the request of either the employer or the
employee on the ground that the disability of the employee has
subsequently recurred, increased, diminished or ended.
On such review, compensation payments may be
re-established, increased, diminished or ended. The Commission
shall give 15 days' notice to the parties of the hearing for
review. Any employee, upon any petition for such review being
filed by the employer, shall be entitled to one day's notice
for each 100 miles necessary to be traveled by him in attending
the hearing of the Commission upon the petition, and 3 days in

SB2448 - 33 - LRB100 18057 JLS 33247 b
addition thereto. Such employee shall, at the discretion of the
Commission, also be entitled to 5 cents per mile necessarily
traveled by him within the State of Illinois in attending such
hearing, not to exceed a distance of 300 miles, to be taxed by
the Commission as costs and deposited with the petition of the
employer.
When compensation which is payable in accordance with an
award or settlement contract approved by the Commission, is
ordered paid in a lump sum by the Commission, no review shall
be had as in this paragraph mentioned.
(i) Each party, upon taking any proceedings or steps
whatsoever before any Arbitrator, Commission or court, shall
file with the Commission his address, or the name and address
of any agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail,
addressed to such party or agent at the last address so filed
with the Commission. In the event such party has not filed his
address, or the name and address of an agent as above provided,
service of any notice may be had by filing such notice with the
Commission.
(j) Whenever in any proceeding testimony has been taken or
a final decision has been rendered and after the taking of such
testimony or after such decision has become final, the injured
employee dies, then in any subsequent proceedings brought by
the personal representative or beneficiaries of the deceased
employee, such testimony in the former proceeding may be

SB2448 - 34 - LRB100 18057 JLS 33247 b
introduced with the same force and effect as though the witness
having so testified were present in person in such subsequent
proceedings and such final decision, if any, shall be taken as
final adjudication of any of the issues which are the same in
both proceedings.
(k) In case where there has been any unreasonable or
vexatious delay of payment or intentional underpayment of
compensation, or proceedings have been instituted or carried on
by the one liable to pay the compensation, which do not present
a real controversy, but are merely frivolous or for delay, then
the Commission may award compensation additional to that
otherwise payable under this Act equal to 50% of the amount
payable at the time of such award. Failure to pay compensation
in accordance with the provisions of Section 8, paragraph (b)
of this Act, shall be considered unreasonable delay.
When determining whether this subsection (k) shall apply,
the Commission shall consider whether an Arbitrator has
determined that the claim is not compensable or whether the
employer has made payments under Section 8(j).
(l) If the employee has made written demand for payment of
benefits under Section 8(a) or Section 8(b), the employer shall
have 14 days after receipt of the demand to set forth in
writing the reason for the delay. In the case of demand for
payment of medical benefits under Section 8(a), the time for
the employer to respond shall not commence until the expiration
of the allotted 30 days specified under Section 8.2(d). In case

SB2448 - 35 - LRB100 18057 JLS 33247 b
the employer or his or her insurance carrier shall without good
and just cause fail, neglect, refuse, or unreasonably delay the
payment of benefits under Section 8(a) or Section 8(b), the
Arbitrator or the Commission shall allow to the employee
additional compensation in the sum of $30 per day for each day
that the benefits under Section 8(a) or Section 8(b) have been
so withheld or refused, not to exceed $10,000. A delay in
payment of 14 days or more shall create a rebuttable
presumption of unreasonable delay.
(m) If the commission finds that an accidental injury was
directly and proximately caused by the employer's wilful
violation of a health and safety standard under the Health and
Safety Act or the Occupational Safety and Health Act in force
at the time of the accident, the arbitrator or the Commission
shall allow to the injured employee or his dependents, as the
case may be, additional compensation equal to 25% of the amount
which otherwise would be payable under the provisions of this
Act exclusive of this paragraph. The additional compensation
herein provided shall be allowed by an appropriate increase in
the applicable weekly compensation rate.
(n) After June 30, 1984, decisions of the Illinois Workers'
Compensation Commission reviewing an award of an arbitrator of
the Commission shall draw interest at a rate equal to the yield
on indebtedness issued by the United States Government with a
26-week maturity next previously auctioned on the day on which
the decision is filed. Said rate of interest shall be set forth

SB2448 - 36 - LRB100 18057 JLS 33247 b
in the Arbitrator's Decision. Interest shall be drawn from the
date of the arbitrator's award on all accrued compensation due
the employee through the day prior to the date of payments.
However, when an employee appeals an award of an Arbitrator or
the Commission, and the appeal results in no change or a
decrease in the award, interest shall not further accrue from
the date of such appeal.
The employer or his insurance carrier may tender the
payments due under the award to stop the further accrual of
interest on such award notwithstanding the prosecution by
either party of review, certiorari, appeal to the Supreme Court
or other steps to reverse, vacate or modify the award.
(o) By the 15th day of each month each insurer providing
coverage for losses under this Act shall notify each insured
employer of any compensable claim incurred during the preceding
month and the amounts paid or reserved on the claim including a
summary of the claim and a brief statement of the reasons for
compensability. A cumulative report of all claims incurred
during a calendar year or continued from the previous year
shall be furnished to the insured employer by the insurer
within 30 days after the end of that calendar year.
The insured employer may challenge, in proceeding before
the Commission, payments made by the insurer without
arbitration and payments made after a case is determined to be
noncompensable. If the Commission finds that the case was not
compensable, the insurer shall purge its records as to that

SB2448 - 37 - LRB100 18057 JLS 33247 b
employer of any loss or expense associated with the claim,
reimburse the employer for attorneys' fees arising from the
challenge and for any payment required of the employer to the
Rate Adjustment Fund or the Second Injury Fund, and may not
reflect the loss or expense for rate making purposes. The
employee shall not be required to refund the challenged
payment. The decision of the Commission may be reviewed in the
same manner as in arbitrated cases. No challenge may be
initiated under this paragraph more than 3 years after the
payment is made. An employer may waive the right of challenge
under this paragraph on a case by case basis.
(p) After filing an application for adjustment of claim but
prior to the hearing on arbitration the parties may voluntarily
agree to submit such application for adjustment of claim for
decision by an arbitrator under this subsection (p) where such
application for adjustment of claim raises only a dispute over
temporary total disability, permanent partial disability or
medical expenses. Such agreement shall be in writing in such
form as provided by the Commission. Applications for adjustment
of claim submitted for decision by an arbitrator under this
subsection (p) shall proceed according to rule as established
by the Commission. The Commission shall promulgate rules
including, but not limited to, rules to ensure that the parties
are adequately informed of their rights under this subsection
(p) and of the voluntary nature of proceedings under this
subsection (p). The findings of fact made by an arbitrator

SB2448 - 38 - LRB100 18057 JLS 33247 b
acting within his or her powers under this subsection (p) in
the absence of fraud shall be conclusive. However, the
arbitrator may on his own motion, or the motion of either
party, correct any clerical errors or errors in computation
within 15 days after the date of receipt of such award of the
arbitrator and shall have the power to recall the original
award on arbitration, and issue in lieu thereof such corrected
award. The decision of the arbitrator under this subsection (p)
shall be considered the decision of the Commission and
proceedings for review of questions of law arising from the
decision may be commenced by either party pursuant to
subsection (f) of Section 19. The Advisory Board established
under Section 13.1 shall compile a list of certified Commission
arbitrators, each of whom shall be approved by at least 7
members of the Advisory Board. The chairman shall select 5
persons from such list to serve as arbitrators under this
subsection (p). By agreement, the parties shall select one
arbitrator from among the 5 persons selected by the chairman
except that if the parties do not agree on an arbitrator from
among the 5 persons, the parties may, by agreement, select an
arbitrator of the American Arbitration Association, whose fee
shall be paid by the State in accordance with rules promulgated
by the Commission. Arbitration under this subsection (p) shall
be voluntary.
(Source: P.A. 97-18, eff. 6-28-11; 98-40, eff. 6-28-13; 98-874,
eff. 1-1-15.)