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| [ Introduced ] | [ Senate Amendment 001 ] |
91_SB1718eng SB1718 Engrossed LRB9111513WHcs 1 AN ACT to amend the Workers' Compensation Act by changing 2 Sections 7 and 8. 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 changing Sections 7 and 8 as follows: 7 (820 ILCS 305/7) (from Ch. 48, par. 138.7) 8 Sec. 7. The amount of compensation which shall be paid 9 for an accidental injury to the employee resulting in death 10 is: 11 (a) If the employee leaves surviving a widow, widower, 12 child or children, the applicable weekly compensation rate 13 computed in accordance with subparagraph 2 of paragraph (b) 14 of Section 8, shall be payable during the life of the widow 15 or widower and if any surviving child or children shall not 16 be physically or mentally incapacitated then until the death 17 of the widow or widower or until the youngest child shall 18 reach the age of 18, whichever shall come later; provided 19 that if such child or children shall be enrolled as a full 20 time student in any accredited educational institution, the 21 payments shall continue until such child has attained the age 22 of 25. In the event any surviving child or children shall be 23 physically or mentally incapacitated, the payments shall 24 continue for the duration of such incapacity. 25 The term "child" means a child whom the deceased employee 26 left surviving, including a posthumous child, a child legally 27 adopted, a child whom the deceased employee was legally 28 obligated to support or a child to whom the deceased employee 29 stood in loco parentis. The term "children" means the plural 30 of "child". 31 The term "physically or mentally incapacitated child or SB1718 Engrossed -2- LRB9111513WHcs 1 children" means a child or children incapable of engaging in 2 regular and substantial gainful employment. 3 In the event of the remarriage of a widow or widower, 4 where the decedent did not leave surviving any child or 5 children who, at the time of such remarriage, are entitled to 6 compensation benefits under this Act, the surviving spouse 7 shall be paid a lump sum equal to 2 years compensation 8 benefits and all further rights of such widow or widower 9 shall be extinguished. 10 If the employee leaves surviving any child or children 11 under 18 years of age who at the time of death shall be 12 entitled to compensation under this paragraph (a) of this 13 Section, the weekly compensation payments herein provided for 14 such child or children shall in any event continue for a 15 period of not less than 6 years. 16 Any beneficiary entitled to compensation under this 17 paragraph (a) of this Section shall receive from the special 18 fund provided in paragraph (f) of this Section, in addition 19 to the compensation herein provided, supplemental benefits in 20 accordance with paragraph (g) of Section 8. 21 (b) If no compensation is payable under paragraph (a) of 22 this Section and the employee leaves surviving a parent or 23 parents who at the time of the accident were totally 24 dependent upon the earnings of the employee then weekly 25 payments equal to the compensation rate payable in the case 26 where the employee leaves surviving a widow or widower, shall 27 be paid to such parent or parents for the duration of their 28 lives, and in the event of the death of either, for the life 29 of the survivor. 30 (c) If no compensation is payable under paragraphs (a) 31 or (b) of this Section and the employee leaves surviving any 32 child or children who are not entitled to compensation under 33 the foregoing paragraph (a) but who at the time of the 34 accident were nevertheless in any manner dependent upon the SB1718 Engrossed -3- LRB9111513WHcs 1 earnings of the employee, or leaves surviving a parent or 2 parents who at the time of the accident were partially 3 dependent upon the earnings of the employee, then there shall 4 be paid to such dependent or dependents for a period of 8 5 years weekly compensation payments at such proportion of the 6 applicable rate if the employee had left surviving a widow or 7 widower as such dependency bears to total dependency. In the 8 event of the death of any such beneficiary the share of such 9 beneficiary shall be divided equally among the surviving 10 beneficiaries and in the event of the death of the last such 11 beneficiary all the rights under this paragraph shall be 12 extinguished. 13 (d) If no compensation is payable under paragraphs (a), 14 (b) or (c) of this Section and the employee leaves surviving 15 any grandparent, grandparents, grandchild or grandchildren or 16 collateral heirs dependent upon the employee's earnings to 17 the extent of 50% or more of total dependency, then there 18 shall be paid to such dependent or dependents for a period of 19 5 years weekly compensation payments at such proportion of 20 the applicable rate if the employee had left surviving a 21 widow or widower as such dependency bears to total 22 dependency. In the event of the death of any such 23 beneficiary the share of such beneficiary shall be divided 24 equally among the surviving beneficiaries and in the event of 25 the death of the last such beneficiary all rights hereunder 26 shall be extinguished. 27 (e) The compensation to be paid for accidental injury 28 which results in death, as provided in this Section, shall be 29 paid to the persons who form the basis for determining the 30 amount of compensation to be paid by the employer, the 31 respective shares to be in the proportion of their respective 32 dependency at the time of the accident on the earnings of the 33 deceased. The Commission or an Arbitrator thereof may, in 34 its or his discretion, order or award the payment to the SB1718 Engrossed -4- LRB9111513WHcs 1 parent or grandparent of a child for the latter's support the 2 amount of compensation which but for such order or award 3 would have been paid to such child as its share of the 4 compensation payable, which order or award may be modified 5 from time to time by the Commission in its discretion with 6 respect to the person to whom shall be paid the amount of the 7 order or award remaining unpaid at the time of the 8 modification. 9 The payments of compensation by the employer in 10 accordance with the order or award of the Commission 11 discharges such employer from all further obligation as to 12 such compensation. 13 (f) The sum of $4200 for burial expenses shall be paid 14 by the employer to the widow or widower, other dependent, 15 next of kin or to the person or persons incurring the expense 16 of burial. 17 In the event the employer failed to provide necessary 18 first aid, medical, surgical or hospital service, he shall 19 pay the cost thereof to the person or persons entitled to 20 compensation under paragraphs (a), (b), (c) or (d) of this 21 Section, or to the person or persons incurring the obligation 22 therefore, or providing the same. 23 On January 15 and July 15, 1981, and on January 15 and 24 July 15 of each year thereafter the Commission shall assess 25 all employers in the aggregate a totalemployer shall within2660 days pay asum equal to 1/8 of 1% of all compensation 27 payments made by employershimafter July 1, 1980, either 28 under this Act or the Workers' Occupational Diseases Act, 29 whether by lump sum settlement or weekly compensation 30 payments, but not including hospital, surgical or 31 rehabilitation payments, made during the first 6 months and 32 during the second 6 months respectively of the fiscal year 33 next preceding the date of the payments, into a special fund 34 which shall be designated the "Second Injury Fund", of which SB1718 Engrossed -5- LRB9111513WHcs 1 the State Treasurer is ex-officio custodian, such special 2 fund to be held and disbursed for the purposes hereinafter 3 stated in paragraphs (f) and (g) of Section 8, either upon 4 the order of the Commission or of a competent court. Said 5 special fund shall be deposited the same as are State funds 6 and any interest accruing thereon shall be added thereto 7 every 6 months. It is subject to audit the same as State 8 funds and accounts and is protected by the General bond given 9 by the State Treasurer. It is considered always appropriated 10 for the purposes of disbursements as provided in Section 8, 11 paragraph (f), of this Act, and shall be paid out and 12 disbursed as therein provided and shall not at any time be 13 appropriated or diverted to any other use or purpose. 14 The assessment for the Second Injury Fund shall be 15 allocated between self-insured employers and insured 16 employers based on compensation payments for the preceding 17 fiscal year, as provided in this Section. Compensation 18 payments shall include all payments made either under this 19 Act or the Workers' Occupational Diseases Act, whether by 20 lump sum settlement or weekly compensation payments, but not 21 including hospital, surgical, or rehabilitation payments. 22 The method of assessing self-insured employers shall be based 23 on compensation payments. The method of assessing insured 24 employers shall be a surcharge based on premium as set forth 25 in this Section. 26 The portion of the total aggregate amount that shall be 27 collected from self-insured employers shall be a sum equal to 28 that proportion of the total compensation payments for the 29 preceding fiscal year which the total compensation payments 30 of all self-insured employers bore to the total compensation 31 payments made by all self-insured employers and insured 32 employers during the preceding fiscal year. The portion of 33 the total aggregate amount that shall be collected from 34 insured employers shall be a sum equal to that proportion of SB1718 Engrossed -6- LRB9111513WHcs 1 the total compensation payments for the preceding fiscal year 2 which the total compensation payments on behalf of all 3 insured employers bore to the total compensation payments 4 made by all self-insured employers and insured employers 5 during the preceding fiscal year. An employer who has ceased 6 to be a self-insurer shall continue to be liable for any 7 assessments based on compensation payments made by the 8 employer in the preceding fiscal year. 9 Insurers shall collect such assessments from their 10 policyholders through a surcharge based on premium. 11 Assessments when collected shall not constitute an element of 12 loss for the purpose of establishing rates for workers' 13 compensation insurance, but, for the purpose of collection, 14 shall be treated as separate costs imposed upon insured 15 employers. The premium surcharge shall be excluded from the 16 definition of premium for all purposes, including computation 17 of agents' commissions or premium taxes, provided, an insurer 18 may cancel a workers' compensation policy for nonpayment of 19 the premium surcharge. 20 Assessments on self-insured employers and insured 21 employers shall be sent on January 15 and July 15 of each 22 year after the effective date of this amendatory Act of the 23 91st General Assembly. Self-insured employers shall report 24 and remit payment and insurers shall report and remit premium 25 surcharges 60 days after the assessment. 26 On January 15, 1991, the employer shall further pay a sum 27 equal to one half of 1% of all compensation payments made by 28 him from January 1, 1990 through June 30, 1990 either under 29 this Act or under the Workers' Occupational Diseases Act, 30 whether by lump sum settlement or weekly compensation 31 payments, but not including hospital, surgical or 32 rehabilitation payments, into an additional Special Fund 33 which shall be designated as the "Rate Adjustment Fund". On 34 March 15, 1991, the employer shall pay into the Rate SB1718 Engrossed -7- LRB9111513WHcs 1 Adjustment Fund a sum equal to one half of 1% of all such 2 compensation payments made from July 1, 1990 through December 3 31, 1990. Within 60 days after July 15, 1991, the employer 4 shall pay into the Rate Adjustment Fund a sum equal to one 5 half of 1% of all such compensation payments made from 6 January 1, 1991 through June 30, 1991. Within 60 days after 7 January 15 of 1992 and each subsequent year through 1996, the 8 employer shall pay into the Rate Adjustment Fund a sum equal 9 to one half of 1% of all such compensation payments made in 10 the last 6 months of the preceding calendar year. Within 60 11 days after July 15 of 1992 and each subsequent year through 12 1995, the employer shall pay into the Rate Adjustment Fund a 13 sum equal to one half of 1% of all such compensation payments 14 made in the first 6 months of the same calendar year. Within 15 60 days after January 15 of 1997and each subsequent year, 16 the employer shall pay into the Rate Adjustment Fund a sum 17 equal to three-fourths of 1% of all such compensation 18 payments made in the last 6 months of the preceding calendar 19 year. Within 60 days after July 15 of 1996 and each 20 subsequent year, the employer shall pay into the Rate 21 Adjustment Fund a sum equal to three-fourths of 1% of all 22 such compensation payments made in the first 6 months of the 23 same calendar year. On January 15 and July 15 of each year 24 following the effective date of this amendatory Act of the 25 91st General Assembly, the Commission shall assess all 26 employers in the aggregate a total sum equal to 27 three-fourths of 1% of all such compensation payments made in 28 the first 6 months of the same calendar year by all 29 employers. Self-insured employers shall report and remit 30 payment and insurers shall report and remit premium 31 surcharges 60 days after the assessment. The assessment for 32 the Rate Adjustment Fund shall be allocated between 33 self-insured employers and insured employers based on 34 compensation payments for the preceding fiscal year, as SB1718 Engrossed -8- LRB9111513WHcs 1 provided in this Section. Compensation payments shall 2 include all payments made either under this Act or the 3 Workers' Occupational Diseases Act, whether by lump sum 4 settlement or weekly compensation payments, but not including 5 hospital, surgical, or rehabilitation payments. The method 6 of assessing self-insured employers shall be based on 7 compensation payments. The method of assessing insured 8 employers shall be a surcharge based on premium as set forth 9 in this Section. 10 The portion of the total aggregate amount that shall be 11 collected from self-insured employers shall be a sum equal to 12 that proportion of the total compensation payments for the 13 preceding fiscal year which the total compensation payments 14 of all self-insured employers bore to the total compensation 15 payments made by all self-insured employers and insured 16 employers during the preceding fiscal year. The portion of 17 the total aggregate amount that shall be collected from 18 insured employers shall be a sum equal to that proportion of 19 the total compensation payments for the preceding fiscal year 20 which the total compensation payments on behalf of all 21 insured employers bore to the total compensation payments 22 made by all self-insured employers and insured employers 23 during the preceding fiscal year. An employer who has ceased 24 to be a self-insurer shall continue to be liable for any 25 assessments based on compensation payments made by the 26 employer in the preceding fiscal year. 27 Insurers shall collect such assessments from their 28 policyholders through a surcharge based on premium. 29 Assessments when collected shall not constitute an element of 30 loss for the purpose of establishing rates for workers' 31 compensation insurance, but, for the purpose of collection, 32 shall be treated as separate costs imposed upon insured 33 employers. The premium surcharge shall be excluded from the 34 definition of premium for all purposes, including computation SB1718 Engrossed -9- LRB9111513WHcs 1 of premium taxes, provided, an insurer may cancel a workers' 2 compensation policy for nonpayment of the premium surcharge. 3 The administrative costs of collecting assessments from 4 employers for the Rate Adjustment Fund shall be paid from the 5 Rate Adjustment Fund. The cost of an actuarial audit of the 6 Fund shall be paid from the Rate Adjustment Fund and the 7 audit shall be completed no later than July 1, 1997. The 8 State Treasurer is ex officio custodian of such Special Fund 9 and the same shall be held and disbursed for the purposes 10 hereinafter stated in paragraphs (f) and (g) of Section 8 11 upon the order of the Commission or of a competent court. 12 The Rate Adjustment Fund shall be deposited the same as are 13 State funds and any interest accruing thereon shall be added 14 thereto every 6 months. It shall be subject to audit the 15 same as State funds and accounts and shall be protected by 16 the general bond given by the State Treasurer. It is 17 considered always appropriated for the purposes of 18 disbursements as provided in paragraphs (f) and (g) of 19 Section 8 of this Act and shall be paid out and disbursed as 20 therein provided and shall not at any time be appropriated or 21 diverted to any other use or purpose. Within 5 days after the 22 effective date of this amendatory Act of 1990, the 23 Comptroller and the State Treasurer shall transfer $1,000,000 24 from the General Revenue Fund to the Rate Adjustment Fund. 25 By February 15, 1991, the Comptroller and the State Treasurer 26 shall transfer $1,000,000 from the Rate Adjustment Fund to 27 the General Revenue Fund. From the effective date of this 28 amendatory Act of 1993 to October 1, 1997, the Comptroller 29 and Treasurer are authorized to make transfers at the request 30 of the Chairman up to a total of $7,000,000 from the Second 31 Injury Fund, the General Revenue Fund, and the Workers' 32 Compensation Benefit Trust Fund to the Rate Adjustment Fund 33 to the extent that there is insufficient money in the Rate 34 Adjustment Fund to pay claims and obligations. Amounts may SB1718 Engrossed -10- LRB9111513WHcs 1 be transferred from the General Revenue Fund only if the 2 funds in the Second Injury Fund or the Workers' Compensation 3 Benefit Trust Fund are insufficient to pay claims and 4 obligations of the Rate Adjustment Fund. All amounts 5 transferred from the Second Injury Fund, the General Revenue 6 Fund, and the Workers' Compensation Benefit Trust Fund shall 7 be repaid from the Rate Adjustment Fund within 270 days of a 8 transfer, together with interest at the rate earned by moneys 9 on deposit in the Fund or Funds from which the moneys were 10 transferred. 11 Upon a finding by the Commission, after reasonable notice 12 and hearing, that any employer has willfully and knowingly 13 failed to pay the proper amounts into the Second Injury Fund 14 or the Rate Adjustment Fund required by this Section or if 15 such payments are not made within the time periods prescribed 16 by this Section, the employer shall, in addition to such 17 payments, pay a penalty of 20% of the amount required to be 18 paid or $2,500, whichever is greater, for each year or part 19 thereof of such failure to pay. This penalty shall only 20 apply to obligations of an employer to the Second Injury Fund 21 or the Rate Adjustment Fund accruing after the effective date 22 of this amendatory Act of 1989. All or part of such a penalty 23 may be waived by the Commission for good cause shown. 24 Any obligations of an employer to the Second Injury Fund 25 and Rate Adjustment Fund accruing prior to the effective date 26 of this amendatory Act of 1989 shall be paid in full by such 27 employer within 5 years of the effective date of this 28 amendatory Act of 1989, with at least one-fifth of such 29 obligation to be paid during each year following the 30 effective date of this amendatory Act of 1989. If the 31 Commission finds, following reasonable notice and hearing, 32 that an employer has failed to make timely payment of any 33 obligation accruing under the preceding sentence, the 34 employer shall, in addition to all other payments required by SB1718 Engrossed -11- LRB9111513WHcs 1 this Section, be liable for a penalty equal to 20% of the 2 overdue obligation or $2,500, whichever is greater, for each 3 year or part thereof that obligation is overdue. All or part 4 of such a penalty may be waived by the Commission for good 5 cause shown. 6 The Chairman of the Industrial Commission shall, 7 annually, furnish to the Director of the Department of 8 Insurance a list of the amounts paid into the Second Injury 9 Fund and the Rate Adjustment Fund by each insurance company 10 on behalf of their insured employers. The Director shall 11 verify to the Chairman that the amounts paid by each 12 insurance company are accurate as best as the Director can 13 determine from the records available to the Director. The 14 Chairman shall verify that the amounts paid by each 15 self-insurer are accurate as best as the Chairman can 16 determine from records available to the Chairman. The 17 Chairman may require each self-insurer to provide information 18 concerning the total compensation payments made upon which 19 contributions to the Second Injury Fund and the Rate 20 Adjustment Fund are predicated and any additional information 21 establishing that such payments have been made into these 22 funds. Any deficiencies in payments noted by the Director or 23 Chairman shall be subject to the penalty provisions of this 24 Act. 25 The State Treasurer, or his duly authorized 26 representative, shall be named as a party to all proceedings 27 in all cases involving claim for the loss of, or the 28 permanent and complete loss of the use of one eye, one foot, 29 one leg, one arm or one hand. 30 The State Treasurer or his duly authorized agent shall 31 have the same rights as any other party to the proceeding, 32 including the right to petition for review of any award. The 33 reasonable expenses of litigation, such as medical 34 examinations, testimony, and transcript of evidence, incurred SB1718 Engrossed -12- LRB9111513WHcs 1 by the State Treasurer or his duly authorized representative, 2 shall be borne by the Second Injury Fund. 3 If the award is not paid within 30 days after the date 4 the award has become final, the Commission shall proceed to 5 take judgment thereon in its own name as is provided for 6 other awards by paragraph (g) of Section 19 of this Act and 7 take the necessary steps to collect the award. 8 Any person, corporation or organization who has paid or 9 become liable for the payment of burial expenses of the 10 deceased employee may in his or its own name institute 11 proceedings before the Commission for the collection thereof. 12 For the purpose of administration, receipts and 13 disbursements, the Special Fund provided for in paragraph (f) 14 of this Section shall be administered jointly with the 15 Special Fund provided for in Section 7, paragraph (f) of the 16 Workers' Occupational Diseases Act. 17 (g) All compensation, except for burial expenses 18 provided in this Section to be paid in case accident results 19 in death, shall be paid in installments equal to the 20 percentage of the average earnings as provided for in Section 21 8, paragraph (b) of this Act, at the same intervals at which 22 the wages or earnings of the employees were paid. If this is 23 not feasible, then the installments shall be paid weekly. 24 Such compensation may be paid in a lump sum upon petition as 25 provided in Section 9 of this Act. However, in addition to 26 the benefits provided by Section 9 of this Act where 27 compensation for death is payable to the deceased's widow, 28 widower or to the deceased's widow, widower and one or more 29 children, and where a partial lump sum is applied for by such 30 beneficiary or beneficiaries within 18 months after the 31 deceased's death, the Commission may, in its discretion, 32 grant a partial lump sum of not to exceed 100 weeks of the 33 compensation capitalized at their present value upon the 34 basis of interest calculated at 3% per annum with annual SB1718 Engrossed -13- LRB9111513WHcs 1 rests, upon a showing that such partial lump sum is for the 2 best interest of such beneficiary or beneficiaries. 3 (h) In case the injured employee is under 16 years of 4 age at the time of the accident and is illegally employed, 5 the amount of compensation payable under paragraphs (a), (b), 6 (c), (d) and (f) of this Section shall be increased 50%. 7 Nothing herein contained repeals or amends the provisions 8 of the Child Labor Law relating to the employment of minors 9 under the age of 16 years. 10 However, where an employer has on file an employment 11 certificate issued pursuant to the Child Labor Law or work 12 permit issued pursuant to the Federal Fair Labor Standards 13 Act, as amended, or a birth certificate properly and duly 14 issued, such certificate, permit or birth certificate is 15 conclusive evidence as to the age of the injured minor 16 employee for the purposes of this Section only. 17 (i) Whenever the dependents of a deceased employee are 18 aliens not residing in the United States, Mexico or Canada, 19 the amount of compensation payable is limited to the 20 beneficiaries described in paragraphs (a), (b) and (c) of 21 this Section and is 50% of the compensation provided in 22 paragraphs (a), (b) and (c) of this Section, except as 23 otherwise provided by treaty. 24 In a case where any of the persons who would be entitled 25 to compensation is living at any place outside of the United 26 States, then payment shall be made to the personal 27 representative of the deceased employee. The distribution by 28 such personal representative to the persons entitled shall be 29 made to such persons and in such manner as the Commission 30 orders. 31 (Source: P.A. 88-672, eff. 12-14-94; 89-470, eff. 6-13-96.) 32 (820 ILCS 305/8) (from Ch. 48, par. 138.8) 33 Sec. 8. The amount of compensation which shall be paid SB1718 Engrossed -14- LRB9111513WHcs 1 to the employee for an accidental injury not resulting in 2 death is: 3 (a) The employer shall provide and pay for all the 4 necessary first aid, medical and surgical services, and all 5 necessary medical, surgical and hospital services thereafter 6 incurred, limited, however, to that which is reasonably 7 required to cure or relieve from the effects of the 8 accidental injury. The employer shall also pay for treatment, 9 instruction and training necessary for the physical, mental 10 and vocational rehabilitation of the employee, including all 11 maintenance costs and expenses incidental thereto. If as a 12 result of the injury the employee is unable to be 13 self-sufficient the employer shall further pay for such 14 maintenance or institutional care as shall be required. 15 The employee may at any time elect to secure his own 16 physician, surgeon and hospital services at the employer's 17 expense, or, 18 Upon agreement between the employer and the employees, or 19 the employees' exclusive representative, and subject to the 20 approval of the Industrial Commission, the employer shall 21 maintain a list of physicians, to be known as a Panel of 22 Physicians, who are accessible to the employees. The employer 23 shall post this list in a place or places easily accessible 24 to his employees. The employee shall have the right to make 25 an alternative choice of physician from such Panel if he is 26 not satisfied with the physician first selected. If, due to 27 the nature of the injury or its occurrence away from the 28 employer's place of business, the employee is unable to make 29 a selection from the Panel, the selection process from the 30 Panel shall not apply. The physician selected from the Panel 31 may arrange for any consultation, referral or other 32 specialized medical services outside the Panel at the 33 employer's expense. Provided that, in the event the 34 Commission shall find that a doctor selected by the employee SB1718 Engrossed -15- LRB9111513WHcs 1 is rendering improper or inadequate care, the Commission may 2 order the employee to select another doctor certified or 3 qualified in the medical field for which treatment is 4 required. If the employee refuses to make such change the 5 Commission may relieve the employer of his obligation to pay 6 the doctor's charges from the date of refusal to the date of 7 compliance. 8 Every hospital, physician, surgeon or other person 9 rendering treatment or services in accordance with the 10 provisions of this Section shall upon written request furnish 11 full and complete reports thereof to, and permit their 12 records to be copied by, the employer, the employee or his 13 dependents, as the case may be, or any other party to any 14 proceeding for compensation before the Commission, or their 15 attorneys. 16 Notwithstanding the foregoing, the employer's liability 17 to pay for such medical services selected by the employee 18 shall be limited to: 19 (1) all first aid and emergency treatment; plus 20 (2) all medical, surgical and hospital services 21 provided by the physician, surgeon or hospital initially 22 chosen by the employee or by any other physician, 23 consultant, expert, institution or other provider of 24 services recommended by said initial service provider or 25 any subsequent provider of medical services in the chain 26 of referrals from said initial service provider; plus 27 (3) all medical, surgical and hospital services 28 provided by any second physician, surgeon or hospital 29 subsequently chosen by the employee or by any other 30 physician, consultant, expert, institution or other 31 provider of services recommended by said second service 32 provider or any subsequent provider of medical services 33 in the chain of referrals from said second service 34 provider. Thereafter the employer shall select and pay SB1718 Engrossed -16- LRB9111513WHcs 1 for all necessary medical, surgical and hospital 2 treatment and the employee may not select a provider of 3 medical services at the employer's expense unless the 4 employer agrees to such selection. At any time the 5 employee may obtain any medical treatment he desires at 6 his own expense. This paragraph shall not affect the duty 7 to pay for rehabilitation referred to above. 8 When an employer and employee so agree in writing, 9 nothing in this Act prevents an employee whose injury or 10 disability has been established under this Act, from relying 11 in good faith, on treatment by prayer or spiritual means 12 alone, in accordance with the tenets and practice of a 13 recognized church or religious denomination, by a duly 14 accredited practitioner thereof, and having nursing services 15 appropriate therewith, without suffering loss or diminution 16 of the compensation benefits under this Act. However, the 17 employee shall submit to all physical examinations required 18 by this Act. The cost of such treatment and nursing care 19 shall be paid by the employee unless the employer agrees to 20 make such payment. 21 Where the accidental injury results in the amputation of 22 an arm, hand, leg or foot, or the enucleation of an eye, or 23 the loss of any of the natural teeth, the employer shall 24 furnish an artificial of any such members lost or damaged in 25 accidental injury arising out of and in the course of 26 employment, and shall also furnish the necessary braces in 27 all proper and necessary cases. In cases of the loss of a 28 member or members by amputation, the employer shall, whenever 29 necessary, maintain in good repair, refit or replace the 30 artificial limbs during the lifetime of the employee. Where 31 the accidental injury accompanied by physical injury results 32 in damage to a denture, eye glasses or contact eye lenses, or 33 where the accidental injury results in damage to an 34 artificial member, the employer shall replace or repair such SB1718 Engrossed -17- LRB9111513WHcs 1 denture, glasses, lenses, or artificial member. 2 The furnishing by the employer of any such services or 3 appliances is not an admission of liability on the part of 4 the employer to pay compensation. 5 The furnishing of any such services or appliances or the 6 servicing thereof by the employer is not the payment of 7 compensation. 8 (b) If the period of temporary total incapacity for work 9 lasts more than 3 working days, weekly compensation as 10 hereinafter provided shall be paid beginning on the 4th day 11 of such temporary total incapacity and continuing as long as 12 the total temporary incapacity lasts. In cases where the 13 temporary total incapacity for work continues for a period of 14 14 days or more from the day of the accident compensation 15 shall commence on the day after the accident. 16 1. The compensation rate for temporary total 17 incapacity under this paragraph (b) of this Section shall 18 be equal to 66 2/3% of the employee's average weekly wage 19 computed in accordance with Section 10, provided that it 20 shall be not less than the following amounts in the 21 following cases: 22 $100.90 in case of a single person; 23 $105.50 in case of a married person with no 24 children; 25 $108.30 in case of one child; 26 $113.40 in case of 2 children; 27 $117.40 in case of 3 children; 28 $124.30 in case of 4 or more children; 29 nor exceed the employee's average weekly wage computed in 30 accordance with the provisions of Section 10, whichever 31 is less. 32 2. The compensation rate in all cases other than 33 for temporary total disability under this paragraph (b), 34 and other than for serious and permanent disfigurement SB1718 Engrossed -18- LRB9111513WHcs 1 under paragraph (c) and other than for permanent partial 2 disability under subparagraph (2) of paragraph (d) or 3 under paragraph (e), of this Section shall be equal to 66 4 2/3% of the employee's average weekly wage computed in 5 accordance with the provisions of Section 10, provided 6 that it shall be not less than the following amounts in 7 the following cases: 8 $80.90 in case of a single person; 9 $83.20 in case of a married person with no 10 children; 11 $86.10 in case of one child; 12 $88.90 in case of 2 children; 13 $91.80 in case of 3 children; 14 $96.90 in case of 4 or more children; 15 nor exceed the employee's average weekly wage computed in 16 accordance with the provisions of Section 10, whichever 17 is less. 18 2.1. The compensation rate in all cases of serious 19 and permanent disfigurement under paragraph (c) and of 20 permanent partial disability under subparagraph (2) of 21 paragraph (d) or under paragraph (e) of this Section 22 shall be equal to 60% of the employee's average weekly 23 wage computed in accordance with the provisions of 24 Section 10, provided that it shall be not less than the 25 following amounts in the following cases: 26 $80.90 in case of a single person; 27 $83.20 in case of a married person with no 28 children; 29 $86.10 in case of one child; 30 $88.90 in case of 2 children; 31 $91.80 in case of 3 children; 32 $96.90 in case of 4 or more children; 33 nor exceed the employee's average weekly wage computed in 34 accordance with the provisions of Section 10, whichever SB1718 Engrossed -19- LRB9111513WHcs 1 is less. 2 3. As used in this Section the term "child" means a 3 child of the employee including any child legally adopted 4 before the accident or whom at the time of the accident 5 the employee was under legal obligation to support or to 6 whom the employee stood in loco parentis, and who at the 7 time of the accident was under 18 years of age and not 8 emancipated. The term "children" means the plural of 9 "child". 10 4. All weekly compensation rates provided under 11 subparagraphs 1, 2 and 2.1 of this paragraph (b) of this 12 Section shall be subject to the following limitations: 13 The maximum weekly compensation rate from July 1, 14 1975, except as hereinafter provided, shall be 100% of 15 the State's average weekly wage in covered industries 16 under the Unemployment Insurance Act, that being the wage 17 that most closely approximates the State's average weekly 18 wage. 19 The maximum weekly compensation rate, for the period 20 July 1, 1984, through June 30, 1987, except as 21 hereinafter provided, shall be $293.61. Effective July 1, 22 1987 and on July 1 of each year thereafter the maximum 23 weekly compensation rate, except as hereinafter provided, 24 shall be determined as follows: if during the preceding 25 12 month period there shall have been an increase in the 26 State's average weekly wage in covered industries under 27 the Unemployment Insurance Act, the weekly compensation 28 rate shall be proportionately increased by the same 29 percentage as the percentage of increase in the State's 30 average weekly wage in covered industries under the 31 Unemployment Insurance Act during such period. 32 The maximum weekly compensation rate, for the period 33 January 1, 1981 through December 31, 1983, except as 34 hereinafter provided, shall be 100% of the State's SB1718 Engrossed -20- LRB9111513WHcs 1 average weekly wage in covered industries under the 2 Unemployment Insurance Act in effect on January 1, 1981. 3 Effective January 1, 1984 and on January 1, of each year 4 thereafter the maximum weekly compensation rate, except 5 as hereinafter provided, shall be determined as follows: 6 if during the preceding 12 month period there shall have 7 been an increase in the State's average weekly wage in 8 covered industries under the Unemployment Insurance Act, 9 the weekly compensation rate shall be proportionately 10 increased by the same percentage as the percentage of 11 increase in the State's average weekly wage in covered 12 industries under the Unemployment Insurance Act during 13 such period. 14 From July 1, 1977 and thereafter such maximum weekly 15 compensation rate in death cases under Section 7, and 16 permanent total disability cases under paragraph (f) or 17 subparagraph 18 of paragraph (3) of this Section and for 18 temporary total disability under paragraph (b) of this 19 Section and for amputation of a member or enucleation of 20 an eye under paragraph (e) of this Section shall be 21 increased to 133-1/3% of the State's average weekly wage 22 in covered industries under the Unemployment Insurance 23 Act. 24 4.1. Any provision herein to the contrary 25 notwithstanding, the weekly compensation rate for 26 compensation payments under subparagraph 18 of paragraph 27 (e) of this Section and under paragraph (f) of this 28 Section and under paragraph (a) of Section 7, shall in no 29 event be less than 50% of the State's average weekly wage 30 in covered industries under the Unemployment Insurance 31 Act. 32 4.2. Any provision to the contrary notwithstanding, 33 the total compensation payable under Section 7 shall not 34 exceed the greater of $250,000 or 20 years. SB1718 Engrossed -21- LRB9111513WHcs 1 5. For the purpose of this Section this State's 2 average weekly wage in covered industries under the 3 Unemployment Insurance Act on July 1, 1975 is hereby 4 fixed at $228.16 per week and the computation of 5 compensation rates shall be based on the aforesaid 6 average weekly wage until modified as hereinafter 7 provided. 8 6. The Department of Employment Security of the 9 State shall on or before the first day of December, 1977, 10 and on or before the first day of June, 1978, and on the 11 first day of each December and June of each year 12 thereafter, publish the State's average weekly wage in 13 covered industries under the Unemployment Insurance Act 14 and the Industrial Commission shall on the 15th day of 15 January, 1978 and on the 15th day of July, 1978 and on 16 the 15th day of each January and July of each year 17 thereafter, post and publish the State's average weekly 18 wage in covered industries under the Unemployment 19 Insurance Act as last determined and published by the 20 Department of Employment Security. The amount when so 21 posted and published shall be conclusive and shall be 22 applicable as the basis of computation of compensation 23 rates until the next posting and publication as 24 aforesaid. 25 7. The payment of compensation by an employer or 26 his insurance carrier to an injured employee shall not 27 constitute an admission of the employer's liability to 28 pay compensation. 29 (c) For any serious and permanent disfigurement to the 30 hand, head, face, neck, arm, leg below the knee or the chest 31 above the axillary line, the employee is entitled to 32 compensation for such disfigurement, the amount determined by 33 agreement at any time or by arbitration under this Act, at a 34 hearing not less than 6 months after the date of the SB1718 Engrossed -22- LRB9111513WHcs 1 accidental injury, which amount shall not exceed 150 weeks at 2 the applicable rate provided in subparagraph 2.1 of paragraph 3 (b) of this Section. 4 No compensation is payable under this paragraph where 5 compensation is payable under paragraphs (d), (e) or (f) of 6 this Section. 7 A duly appointed member of a fire department in a city, 8 the population of which exceeds 200,000 according to the last 9 federal or State census, is eligible for compensation under 10 this paragraph only where such serious and permanent 11 disfigurement results from burns. 12 (d) 1. If, after the accidental injury has been 13 sustained, the employee as a result thereof becomes partially 14 incapacitated from pursuing his usual and customary line of 15 employment, he shall, except in cases compensated under the 16 specific schedule set forth in paragraph (e) of this Section, 17 receive compensation for the duration of his disability, 18 subject to the limitations as to maximum amounts fixed in 19 paragraph (b) of this Section, equal to 66-2/3% of the 20 difference between the average amount which he would be able 21 to earn in the full performance of his duties in the 22 occupation in which he was engaged at the time of the 23 accident and the average amount which he is earning or is 24 able to earn in some suitable employment or business after 25 the accident. 26 2. If, as a result of the accident, the employee 27 sustains serious and permanent injuries not covered by 28 paragraphs (c) and (e) of this Section or having sustained 29 injuries covered by the aforesaid paragraphs (c) and (e), he 30 shall have sustained in addition thereto other injuries which 31 injuries do not incapacitate him from pursuing the duties of 32 his employment but which would disable him from pursuing 33 other suitable occupations, or which have otherwise resulted 34 in physical impairment; or if such injuries partially SB1718 Engrossed -23- LRB9111513WHcs 1 incapacitate him from pursuing the duties of his usual and 2 customary line of employment but do not result in an 3 impairment of earning capacity, or having resulted in an 4 impairment of earning capacity, the employee elects to waive 5 his right to recover under the foregoing subparagraph 1 of 6 paragraph (d) of this Section then in any of the foregoing 7 events, he shall receive in addition to compensation for 8 temporary total disability under paragraph (b) of this 9 Section, compensation at the rate provided in subparagraph 10 2.1 of paragraph (b) of this Section for that percentage of 11 500 weeks that the partial disability resulting from the 12 injuries covered by this paragraph bears to total disability. 13 If the employee shall have sustained a fracture of one or 14 more vertebra or fracture of the skull, the amount of 15 compensation allowed under this Section shall be not less 16 than 6 weeks for a fractured skull and 6 weeks for each 17 fractured vertebra, and in the event the employee shall have 18 sustained a fracture of any of the following facial bones: 19 nasal, lachrymal, vomer, zygoma, maxilla, palatine or 20 mandible, the amount of compensation allowed under this 21 Section shall be not less than 2 weeks for each such 22 fractured bone, and for a fracture of each transverse process 23 not less than 3 weeks. In the event such injuries shall 24 result in the loss of a kidney, spleen or lung, the amount of 25 compensation allowed under this Section shall be not less 26 than 10 weeks for each such organ. Compensation awarded 27 under this subparagraph 2 shall not take into consideration 28 injuries covered under paragraphs (c) and (e) of this Section 29 and the compensation provided in this paragraph shall not 30 affect the employee's right to compensation payable under 31 paragraphs (b), (c) and (e) of this Section for the 32 disabilities therein covered. 33 (e) For accidental injuries in the following schedule, 34 the employee shall receive compensation for the period of SB1718 Engrossed -24- LRB9111513WHcs 1 temporary total incapacity for work resulting from such 2 accidental injury, under subparagraph 1 of paragraph (b) of 3 this Section, and shall receive in addition thereto 4 compensation for a further period for the specific loss 5 herein mentioned, but shall not receive any compensation 6 under any other provisions of this Act. The following 7 listed amounts apply to either the loss of or the permanent 8 and complete loss of use of the member specified, such 9 compensation for the length of time as follows: 10 1. Thumb-70 weeks. 11 2. First, or index finger-40 weeks. 12 3. Second, or middle finger-35 weeks. 13 4. Third, or ring finger-25 weeks. 14 5. Fourth, or little finger-20 weeks. 15 6. Great toe-35 weeks. 16 7. Each toe other than great toe-12 weeks. 17 8. The loss of the first or distal phalanx of the 18 thumb or of any finger or toe shall be considered to be 19 equal to the loss of one-half of such thumb, finger or 20 toe and the compensation payable shall be one-half of the 21 amount above specified. The loss of more than one 22 phalanx shall be considered as the loss of the entire 23 thumb, finger or toe. In no case shall the amount 24 received for more than one finger exceed the amount 25 provided in this schedule for the loss of a hand. 26 9. Hand-190 weeks. The loss of 2 or more digits, 27 or one or more phalanges of 2 or more digits, of a hand 28 may be compensated on the basis of partial loss of use of 29 a hand, provided, further, that the loss of 4 digits, or 30 the loss of use of 4 digits, in the same hand shall 31 constitute the complete loss of a hand. 32 10. Arm-235 weeks. Where an accidental injury 33 results in the amputation of an arm below the elbow, such 34 injury shall be compensated as a loss of an arm. Where SB1718 Engrossed -25- LRB9111513WHcs 1 an accidental injury results in the amputation of an arm 2 above the elbow, compensation for an additional 15 weeks 3 shall be paid, except where the accidental injury results 4 in the amputation of an arm at the shoulder joint, or so 5 close to shoulder joint that an artificial arm cannot be 6 used, or results in the disarticulation of an arm at the 7 shoulder joint, in which case compensation for an 8 additional 65 weeks shall be paid. 9 11. Foot-155 weeks. 10 12. Leg-200 weeks. Where an accidental injury 11 results in the amputation of a leg below the knee, such 12 injury shall be compensated as loss of a leg. Where an 13 accidental injury results in the amputation of a leg 14 above the knee, compensation for an additional 25 weeks 15 shall be paid, except where the accidental injury results 16 in the amputation of a leg at the hip joint, or so close 17 to the hip joint that an artificial leg cannot be used, 18 or results in the disarticulation of a leg at the hip 19 joint, in which case compensation for an additional 75 20 weeks shall be paid. 21 13. Eye-150 weeks. Where an accidental injury 22 results in the enucleation of an eye, compensation for an 23 additional 10 weeks shall be paid. 24 14. Loss of hearing of one ear-50 weeks; total and 25 permanent loss of hearing of both ears-200 weeks. 26 15. Testicle-50 weeks; both testicles-150 weeks. 27 16. For the permanent partial loss of use of a 28 member or sight of an eye, or hearing of an ear, 29 compensation during that proportion of the number of 30 weeks in the foregoing schedule provided for the loss of 31 such member or sight of an eye, or hearing of an ear, 32 which the partial loss of use thereof bears to the total 33 loss of use of such member, or sight of eye, or hearing 34 of an ear. SB1718 Engrossed -26- LRB9111513WHcs 1 (a) Loss of hearing for compensation purposes 2 shall be confined to the frequencies of 1,000, 2,000 3 and 3,000 cycles per second. Loss of hearing ability 4 for frequency tones above 3,000 cycles per second 5 are not to be considered as constituting disability 6 for hearing. 7 (b) The percent of hearing loss, for purposes 8 of the determination of compensation claims for 9 occupational deafness, shall be calculated as the 10 average in decibels for the thresholds of hearing 11 for the frequencies of 1,000, 2,000 and 3,000 cycles 12 per second. Pure tone air conduction audiometric 13 instruments, approved by nationally recognized 14 authorities in this field, shall be used for 15 measuring hearing loss. If the losses of hearing 16 average 30 decibels or less in the 3 frequencies, 17 such losses of hearing shall not then constitute any 18 compensable hearing disability. If the losses of 19 hearing average 85 decibels or more in the 3 20 frequencies, then the same shall constitute and be 21 total or 100% compensable hearing loss. 22 (c) In measuring hearing impairment, the 23 lowest measured losses in each of the 3 frequencies 24 shall be added together and divided by 3 to 25 determine the average decibel loss. For every 26 decibel of loss exceeding 30 decibels an allowance 27 of 1.82% shall be made up to the maximum of 100% 28 which is reached at 85 decibels. 29 (d) If a hearing loss is established to have 30 existed on July 1, 1975 by audiometric testing the 31 employer shall not be liable for the previous loss 32 so established nor shall he be liable for any loss 33 for which compensation has been paid or awarded. 34 (e) No consideration shall be given to the SB1718 Engrossed -27- LRB9111513WHcs 1 question of whether or not the ability of an 2 employee to understand speech is improved by the use 3 of a hearing aid. 4 (f) No claim for loss of hearing due to 5 industrial noise shall be brought against an 6 employer or allowed unless the employee has been 7 exposed for a period of time sufficient to cause 8 permanent impairment to noise levels in excess of 9 the following: 10 Sound Level DBA 11 Slow Response Hours Per Day 12 90 8 13 92 6 14 95 4 15 97 3 16 100 2 17 102 1-1/2 18 105 1 19 110 1/2 20 115 1/4 21 This subparagraph (f) shall not be applied in cases 22 of hearing loss resulting from trauma or explosion. 23 17. In computing the compensation to be paid to any 24 employee who, before the accident for which he claims 25 compensation, had before that time sustained an injury 26 resulting in the loss by amputation or partial loss by 27 amputation of any member, including hand, arm, thumb or 28 fingers, leg, foot or any toes, such loss or partial loss 29 of any such member shall be deducted from any award made 30 for the subsequent injury. For the permanent loss of use 31 or the permanent partial loss of use of any such member 32 or the partial loss of sight of an eye, for which 33 compensation has been paid, then such loss shall be taken 34 into consideration and deducted from any award for the SB1718 Engrossed -28- LRB9111513WHcs 1 subsequent injury. 2 18. The specific case of loss of both hands, both 3 arms, or both feet, or both legs, or both eyes, or of any 4 two thereof, or the permanent and complete loss of the 5 use thereof, constitutes total and permanent disability, 6 to be compensated according to the compensation fixed by 7 paragraph (f) of this Section. These specific cases of 8 total and permanent disability do not exclude other 9 cases. 10 Any employee who has previously suffered the loss or 11 permanent and complete loss of the use of any of such 12 members, and in a subsequent independent accident loses 13 another or suffers the permanent and complete loss of the 14 use of any one of such members the employer for whom the 15 injured employee is working at the time of the last 16 independent accident is liable to pay compensation only 17 for the loss or permanent and complete loss of the use of 18 the member occasioned by the last independent accident. 19 19. In a case of specific loss and the subsequent 20 death of such injured employee from other causes than 21 such injury leaving a widow, widower, or dependents 22 surviving before payment or payment in full for such 23 injury, then the amount due for such injury is payable to 24 the widow or widower and, if there be no widow or 25 widower, then to such dependents, in the proportion which 26 such dependency bears to total dependency. 27 Beginning July 1, 1980, and every 6 months thereafter, 28 the Commission shall examine the Second Injury Fund and when, 29 after deducting all advances or loans made to such Fund, the 30 amount therein is $500,000 then the total aggregate amount 31 required to be paid by employers pursuant to paragraph (f) of 32 Section 7 shall be reduced by one-half. When the Second 33 Injury Fund reaches the sum of $600,000 then the payments 34 shall cease entirely. However, when the Second Injury Fund SB1718 Engrossed -29- LRB9111513WHcs 1 has been reduced to $400,000, payment of one-half of the 2 amounts required by paragraph (f) of Section 7 shall be 3 resumed, in the manner herein provided, and when the Second 4 Injury Fund has been reduced to $300,000, payment of the full 5 amounts required by paragraph (f) of Section 7 shall be 6 resumed, in the manner herein provided. The Commission shall 7 make the changes in payment effective by general order, and 8 the changes in payment become immediately effective for all 9 cases coming before the Commission thereafter either by 10 settlement agreement or final order, irrespective of the date 11 of the accidental injury. 12 On August 1, 1996 and on February 1 and August 1 of each 13 subsequent year, the Commission shall examine the special 14 fund designated as the "Rate Adjustment Fund" and when, after 15 deducting all advances or loans made to said fund, the amount 16 therein is $4,000,000, the amount required to be paid by 17 employers pursuant to paragraph (f) of Section 7 shall be 18 reduced by one-half. When the Rate Adjustment Fund reaches 19 the sum of $5,000,000 the payment therein shall cease 20 entirely. However, when said Rate Adjustment Fund has been 21 reduced to $3,000,000 the amounts required by paragraph (f) 22 of Section 7 shall be resumed in the manner herein provided. 23 (f) In case of complete disability, which renders the 24 employee wholly and permanently incapable of work, or in the 25 specific case of total and permanent disability as provided 26 in subparagraph 18 of paragraph (e) of this Section, 27 compensation shall be payable at the rate provided in 28 subparagraph 2 of paragraph (b) of this Section for life. 29 An employee entitled to benefits under paragraph (f) of 30 this Section shall also be entitled to receive from the Rate 31 Adjustment Fund provided in paragraph (f) of Section 7 of the 32 supplementary benefits provided in paragraph (g) of this 33 Section 8. 34 If any employee who receives an award under this SB1718 Engrossed -30- LRB9111513WHcs 1 paragraph afterwards returns to work or is able to do so, and 2 earns or is able to earn as much as before the accident, 3 payments under such award shall cease. If such employee 4 returns to work, or is able to do so, and earns or is able to 5 earn part but not as much as before the accident, such award 6 shall be modified so as to conform to an award under 7 paragraph (d) of this Section. If such award is terminated 8 or reduced under the provisions of this paragraph, such 9 employees have the right at any time within 30 months after 10 the date of such termination or reduction to file petition 11 with the Commission for the purpose of determining whether 12 any disability exists as a result of the original accidental 13 injury and the extent thereof. 14 Disability as enumerated in subdivision 18, paragraph (e) 15 of this Section is considered complete disability. 16 If an employee who had previously incurred loss or the 17 permanent and complete loss of use of one member, through the 18 loss or the permanent and complete loss of the use of one 19 hand, one arm, one foot, one leg, or one eye, incurs 20 permanent and complete disability through the loss or the 21 permanent and complete loss of the use of another member, he 22 shall receive, in addition to the compensation payable by the 23 employer and after such payments have ceased, an amount from 24 the Second Injury Fund provided for in paragraph (f) of 25 Section 7, which, together with the compensation payable from 26 the employer in whose employ he was when the last accidental 27 injury was incurred, will equal the amount payable for 28 permanent and complete disability as provided in this 29 paragraph of this Section. 30 The custodian of the Second Injury Fund provided for in 31 paragraph (f) of Section 7 shall be joined with the employer 32 as a party respondent in the application for adjustment of 33 claim. The application for adjustment of claim shall state 34 briefly and in general terms the approximate time and place SB1718 Engrossed -31- LRB9111513WHcs 1 and manner of the loss of the first member. 2 In its award the Commission or the Arbitrator shall 3 specifically find the amount the injured employee shall be 4 weekly paid, the number of weeks compensation which shall be 5 paid by the employer, the date upon which payments begin out 6 of the Second Injury Fund provided for in paragraph (f) of 7 Section 7 of this Act, the length of time the weekly payments 8 continue, the date upon which the pension payments commence 9 and the monthly amount of the payments. The Commission shall 10 30 days after the date upon which payments out of the Second 11 Injury Fund have begun as provided in the award, and every 12 month thereafter, prepare and submit to the State Comptroller 13 a voucher for payment for all compensation accrued to that 14 date at the rate fixed by the Commission. The State 15 Comptroller shall draw a warrant to the injured employee 16 along with a receipt to be executed by the injured employee 17 and returned to the Commission. The endorsed warrant and 18 receipt is a full and complete acquittance to the Commission 19 for the payment out of the Second Injury Fund. No other 20 appropriation or warrant is necessary for payment out of the 21 Second Injury Fund. The Second Injury Fund is appropriated 22 for the purpose of making payments according to the terms of 23 the awards. 24 As of July 1, 1980 to July 1, 1982, all claims against 25 and obligations of the Second Injury Fund shall become claims 26 against and obligations of the Rate Adjustment Fund to the 27 extent there is insufficient money in the Second Injury Fund 28 to pay such claims and obligations. In that case, all 29 references to "Second Injury Fund" in this Section shall also 30 include the Rate Adjustment Fund. 31 (g) Every award for permanent total disability entered 32 by the Commission on and after July 1, 1965 under which 33 compensation payments shall become due and payable after the 34 effective date of this amendatory Act, and every award for SB1718 Engrossed -32- LRB9111513WHcs 1 death benefits or permanent total disability entered by the 2 Commission on and after the effective date of this amendatory 3 Act shall be subject to annual adjustments as to the amount 4 of the compensation rate therein provided. Such adjustments 5 shall first be made on July 15, 1977, and all awards made and 6 entered prior to July 1, 1975 and on July 15 of each year 7 thereafter. In all other cases such adjustment shall be made 8 on July 15 of the second year next following the date of the 9 entry of the award and shall further be made on July 15 10 annually thereafter. If during the intervening period from 11 the date of the entry of the award, or the last periodic 12 adjustment, there shall have been an increase in the State's 13 average weekly wage in covered industries under the 14 Unemployment Insurance Act, the weekly compensation rate 15 shall be proportionately increased by the same percentage as 16 the percentage of increase in the State's average weekly wage 17 in covered industries under the Unemployment Insurance Act. 18 The increase in the compensation rate under this paragraph 19 shall in no event bring the total compensation rate to an 20 amount greater than the prevailing maximum rate. Such 21 increase shall be paid in the same manner as herein provided 22 for payments under the Second Injury Fund to the injured 23 employee, or his dependents, as the case may be, out of the 24 Rate Adjustment Fund provided in paragraph (f) of Section 7 25 of this Act. Payments shall be made at the same intervals as 26 provided in the award or, at the option of the Commission, 27 may be made in quarterly payment on the 15th day of January, 28 April, July and October of each year. In the event of a 29 decrease in such average weekly wage there shall be no change 30 in the then existing compensation rate. The within paragraph 31 shall not apply to cases where there is disputed liability 32 and in which a compromise lump sum settlement between the 33 employer and the injured employee, or his dependents, as the 34 case may be, has been duly approved by the Industrial SB1718 Engrossed -33- LRB9111513WHcs 1 Commission. 2 Provided, that in cases of awards entered by the 3 Commission for injuries occurring before July 1, 1975, the 4 increases in the compensation rate adjusted under the 5 foregoing provision of this paragraph (g) shall be limited to 6 increases in the State's average weekly wage in covered 7 industries under the Unemployment Insurance Act occurring 8 after July 1, 1975. 9 (h) In case death occurs from any cause before the total 10 compensation to which the employee would have been entitled 11 has been paid, then in case the employee leaves any widow, 12 widower, child, parent (or any grandchild, grandparent or 13 other lineal heir or any collateral heir dependent at the 14 time of the accident upon the earnings of the employee to the 15 extent of 50% or more of total dependency) such compensation 16 shall be paid to the beneficiaries of the deceased employee 17 and distributed as provided in paragraph (g) of Section 7. 18 (h-1) In case an injured employee is under legal 19 disability at the time when any right or privilege accrues to 20 him or her under this Act, a guardian may be appointed 21 pursuant to law, and may, on behalf of such person under 22 legal disability, claim and exercise any such right or 23 privilege with the same effect as if the employee himself or 24 herself had claimed or exercised the right or privilege. No 25 limitations of time provided by this Act run so long as the 26 employee who is under legal disability is without a 27 conservator or guardian. 28 (i) In case the injured employee is under 16 years of 29 age at the time of the accident and is illegally employed, 30 the amount of compensation payable under paragraphs (b), (c), 31 (d), (e) and (f) of this Section is increased 50%. 32 However, where an employer has on file an employment 33 certificate issued pursuant to the Child Labor Law or work 34 permit issued pursuant to the Federal Fair Labor Standards SB1718 Engrossed -34- LRB9111513WHcs 1 Act, as amended, or a birth certificate properly and duly 2 issued, such certificate, permit or birth certificate is 3 conclusive evidence as to the age of the injured minor 4 employee for the purposes of this Section. 5 Nothing herein contained repeals or amends the provisions 6 of the Child Labor Law relating to the employment of minors 7 under the age of 16 years. 8 (j) 1. In the event the injured employee receives 9 benefits, including medical, surgical or hospital benefits 10 under any group plan covering non-occupational disabilities 11 contributed to wholly or partially by the employer, which 12 benefits should not have been payable if any rights of 13 recovery existed under this Act, then such amounts so paid to 14 the employee from any such group plan as shall be consistent 15 with, and limited to, the provisions of paragraph 2 hereof, 16 shall be credited to or against any compensation payment for 17 temporary total incapacity for work or any medical, surgical 18 or hospital benefits made or to be made under this Act. In 19 such event, the period of time for giving notice of 20 accidental injury and filing application for adjustment of 21 claim does not commence to run until the termination of such 22 payments. This paragraph does not apply to payments made 23 under any group plan which would have been payable 24 irrespective of an accidental injury under this Act. Any 25 employer receiving such credit shall keep such employee safe 26 and harmless from any and all claims or liabilities that may 27 be made against him by reason of having received such 28 payments only to the extent of such credit. 29 Any excess benefits paid to or on behalf of a State 30 employee by the State Employees' Retirement System under 31 Article 14 of the Illinois Pension Code on a death claim or 32 disputed disability claim shall be credited against any 33 payments made or to be made by the State of Illinois to or on 34 behalf of such employee under this Act, except for payments SB1718 Engrossed -35- LRB9111513WHcs 1 for medical expenses which have already been incurred at the 2 time of the award. The State of Illinois shall directly 3 reimburse the State Employees' Retirement System to the 4 extent of such credit. 5 2. Nothing contained in this Act shall be construed to 6 give the employer or the insurance carrier the right to 7 credit for any benefits or payments received by the employee 8 other than compensation payments provided by this Act, and 9 where the employee receives payments other than compensation 10 payments, whether as full or partial salary, group insurance 11 benefits, bonuses, annuities or any other payments, the 12 employer or insurance carrier shall receive credit for each 13 such payment only to the extent of the compensation that 14 would have been payable during the period covered by such 15 payment. 16 3. The extension of time for the filing of an 17 Application for Adjustment of Claim as provided in paragraph 18 1 above shall not apply to those cases where the time for 19 such filing had expired prior to the date on which payments 20 or benefits enumerated herein have been initiated or resumed. 21 Provided however that this paragraph 3 shall apply only to 22 cases wherein the payments or benefits hereinabove enumerated 23 shall be received after July 1, 1969. 24 (Source: P.A. 89-470, eff. 6-13-96.)