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90_SB1749
820 ILCS 305/19.2 new
Amends the Workers' Compensation Act. Provides that a
collective bargaining agreement with any the following
elements between an employer involved in certain
construction-related activities and a labor organization is
valid and binding: an alternative dispute resolution system
to supplement, modify, or replace the procedures in the Act;
an agreed list of medical providers; an agreed list of
examining physicians; a light duty, modified job, or return
to work program; or a vocational rehabilitation or retraining
program. Provides that agreement may not diminish an
employee's right to benefits. Provides that these
provisions are repealed on May 31, 2001.
LRB9011583WHmg
LRB9011583WHmg
1 AN ACT to amend the Workers' Compensation Act by adding
2 Section 19.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Workers' Compensation Act is amended by
6 adding Section 19.2 as follows:
7 (820 ILCS 305/19.2 new)
8 Sec. 19.2. Collective bargaining agreements.
9 (a) Subject to the limitation stated in subsection (b),
10 a provision that is mutually agreed upon in a collective
11 bargaining agreement filed with the Industrial Commission
12 between an employer engaged in building construction,
13 building construction maintenance, or activities limited to
14 rock, cement, and asphalt operations, heavy-duty mechanics,
15 surveying, and inspection as related to building construction
16 and a recognized or certified exclusive bargaining
17 representative establishing any or all of the following is
18 valid and binding:
19 (i) An alternative dispute resolution system to
20 supplement, modify, or replace the provisions of this Act
21 which may include, but is not limited to, mediation and
22 arbitration. Arbitration under this subdivision (i) may
23 be binding upon the parties.
24 (ii) The use of an agreed list of providers of
25 medical treatment, which may be the exclusive source of
26 all medical and related treatment provided under this
27 Act.
28 (iii) The use of an agreed list of physicians to
29 conduct medical examinations and offer opinions and
30 testimony, which may be the exclusive source of all
31 medical examinations and opinions provided under this
-2- LRB9011583WHmg
1 Act.
2 (iv) A light duty, modified job, or return to work
3 program.
4 (v) A vocational rehabilitation or retraining
5 program.
6 (b) Nothing in this Section shall be construed to allow
7 any agreement that diminishes an employee's entitlement to
8 benefits as otherwise set forth in this Act, and any
9 agreement in violation of this subsection (b) is null and
10 void.
11 (c) This Section is repealed on May 31, 2001.