(820
ILCS 305/16) (from Ch. 48, par. 138.16)
Sec.
16. The Commission shall make and publish procedural rules and
orders for carrying out the duties imposed upon it by law and for
determining the extent of disability sustained, which rules and
orders shall be deemed prima facie reasonable and valid.
The
process and procedure before the Commission shall be as simple
and summary as reasonably may be.
The
Commission upon application of either party may issue dedimus potestatem
directed to a commissioner, notary public, justice of the peace
or any other officer authorized by law to administer oaths, to
take the depositions of such witness or witnesses as may be necessary
in the judgment of such applicant. Such dedimus potestatem may
issue to any of the officers aforesaid in any state or territory
of the United States. When the deposition of any witness resident
of a foreign country is desired to be taken, the dedimus shall
be directed to and the deposition taken before a consul, vice consul
or other authorized representative of the government of the United
States of America, whose station is in the country where the witness
whose deposition is to be taken resides. In countries where the
government of the United States has no consul or other diplomatic
representative, then depositions in such case shall be taken through
the appropriate judicial authority of that country; or where treaties
provide for other methods of taking depositions, then the same
may be taken as in such treaties provided. The Commission shall
have the power to adopt necessary rules to govern the issue of
such dedimus potestatem.
The
Commission, or any member thereof, or any Arbitrator designated
by the Commission shall have the power to administer oaths, subpoena
and examine witnesses; to issue subpoenas duces tecum, requiring
the production of such books, papers, records and documents as
may be evidence of any matter under inquiry and to examine and
inspect the same and such places or premises as may relate to the
question in dispute. The Commission, or any member thereof, or
any Arbitrator designated by the Commission, shall on written request
of either party to the dispute, issue subpoenas for the attendance
of such witnesses and production of such books, papers, records
and documents as shall be designated in the applications, and the
parties applying for such subpoena shall advance the officer and
witness fees provided for in civil actions pending in circuit courts
of this State, except as otherwise provided by Section 20 of this
Act. Service of such subpoena shall be made by any sheriff or other
person. In case any person refuses to comply with an order of the
Commission or subpoenas issued by it or by any member thereof,
or any Arbitrator designated by the Commission or to permit an
inspection of places or premises, or to produce any books, papers,
records or documents, or any witness refuses to testify to any
matters regarding which he or she may be lawfully interrogated,
the Circuit Court of the county in which the hearing or matter
is pending, on application of any member of the Commission or any
Arbitrator designated by the Commission, shall compel obedience
by attachment proceedings, as for contempt, as in a case of disobedience
of the requirements of a subpoena from such court on a refusal
to testify therein.
The
records, reports, and bills kept by a treating hospital, treating
physician, or other treating healthcare provider that renders treatment
to the employee as a result of accidental injuries in question,
certified to as true and correct by the hospital, physician, or
other healthcare provider or by designated agents of the hospital,
physician, or other healthcare provider, showing the medical and
surgical treatment given an injured employee by such hospital,
physician, or other healthcare provider, shall be admissible without
any further proof as evidence of the medical and surgical matters
stated therein, but shall not be conclusive proof of such matters.
There shall be a rebuttable presumption that any such records,
reports, and bills received in response to Commission subpoena
are certified to be true and correct. This paragraph does not restrict,
limit, or prevent the admissibility of records, reports, or bills
that are otherwise admissible. This provision does not apply to
reports prepared by treating providers for use in litigation.
The
Commission at its expense shall provide an official court reporter
to take the testimony and record of proceedings at the hearings
before an Arbitrator or the Commission, who shall furnish a transcript
of such testimony or proceedings to either party requesting it,
upon payment therefor at the rate of $1.00 per page for the original
and 35 cents per page for each copy of such transcript. Payment
for photostatic copies of exhibits shall be extra. If the Commission
has determined, as provided in Section 20 of this Act, that the
employee is a poor person, a transcript of such testimony and proceedings,
including photostatic copies of exhibits, shall be furnished to
such employee at the Commission's expense.
The
Commission shall have the power to determine the reasonableness
and fix the amount of any fee of compensation charged by any person,
including attorneys, physicians, surgeons and hospitals, for any
service performed in connection with this Act, or for which payment
is to be made under this Act or rendered in securing any right
under this Act.
Whenever
the Commission shall find that the employer, his or her agent,
service company or insurance carrier has been guilty of delay or
unfairness towards an employee in the adjustment, settlement or
payment of benefits due such employee within the purview of the
provisions of paragraph (c) of Section 4 of this Act; or has been
guilty of unreasonable or vexatious delay, intentional under-payment
of compensation benefits, or has engaged in frivolous defenses
which do not present a real controversy, within the purview of
the provisions of paragraph (k) of Section 19 of this Act, the
Commission may assess all or any part of the attorney's fees and
costs against such employer and his or her insurance carrier.
(Source: P.A.
94-277, eff. 7-20-05.)
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(820
ILCS 305/16a) (from Ch. 48, par. 138.16a)
Sec.
16a. (A) In the establishment or approval of attorney's fees in
relation to claims brought under this Act, the Commission shall
be guided by the provisions of this Section and by the legislative
intent, hereby declared, to encourage settlement and prompt administrative
handling of such claims and thereby reduce expenses to claimants
for compensation under this Act.
(B)
With respect to any and all proceedings in connection with any
initial or original claim under this Act, no claim of any attorney
for services rendered in connection with the securing of compensation
for an employee or his dependents, whether secured by agreement,
order, award or a judgment in any court shall exceed 20% of the
amount of compensation recovered and paid, unless further fees
shall be allowed to the attorney upon a hearing by the Commission
fixing fees, and subject to the other provisions of this Section.
However, except as hereinafter provided in this Section, in death
cases, total disability cases and partial disability cases, the
amount of an attorney's fees shall not exceed 20% of the sum which
would be due under this Act for 364 weeks of permanent total disability
based upon the employee's average gross weekly wage prior to the
date of the accident and subject to the maximum weekly benefits
provided in this Act unless further fees shall be allowed to the
attorney upon a hearing by the Commission fixing fees.
(C)
All attorneys' fees in connection with the initial or original
claim for compensation shall be fixed pursuant to a written contract
on forms prescribed by the Commission between the attorney and
the employee or his dependents, and every attorney, whether the
disposition of the original claim is by agreement, settlement,
award, judgment or otherwise, shall file his contract with the
Chairman of the Commission who shall approve the contract only
if it is in accordance with all provisions of this Section.
(D)
No attorneys' fees shall be charged with respect to compensation
for undisputed medical expenses.
(E)
No attorneys' fees shall be charged in connection with any temporary
total disability compensation unless the payment of such compensation
in a timely manner or in the proper amount is refused, or unless
such compensation is terminated by the employer and the payment
of such compensation is obtained or reinstated by the efforts of
the attorney, whether by agreement, settlement, award or judgment.
(F)
In the following cases in which there is no dispute between the
parties as to the liability of the respondent to pay compensation
in a timely manner or in the proper amount and there is no dispute
that the accident has resulted in:
(1)
the death of the employee; or
(2)
a statutory permanent disability; or
(3)
the amputation of a finger, toe, or member; or
(4)
the removal of a testicle; or
(5)
the enucleation of or 100% loss of vision of an
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the
legal fees, if any, for services rendered are to be fixed
by the Illinois Workers' Compensation Commission at a nominal
amount, not exceeding $100.
(G)
In the following cases in which there is no dispute between the parties
as to the liability of the respondent to pay compensation and there
is no dispute that the accident has resulted in:
(1)
a fracture of one or more vertebrae; or
(2)
a skull fracture; or
(3)
a fracture of one or more spinous or transverse
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(4)
a fracture of one or more facial bones; or
(5)
the removal of a kidney, spleen or lung;
the legal
fees, if any, for services rendered are to be fixed by the Illinois
Workers' Compensation Commission at a nominal amount, not exceeding
$100, provided that the employee is awarded the minimum amount for
the above injuries as specified in Section 8(d)2.
(H)
With regard to any claim where the amount to be paid for compensation
does not exceed the written offer made to the claimant or claimants
by the employer or his agent prior to representation by an attorney,
no fees shall be paid to any such attorney.
(I)
All attorneys' fees for representation of an employee or his dependents
shall be only recoverable from compensation actually paid to such
employee or dependents.
(J)
Any and all disputes regarding attorneys' fees, whether such disputes
relate to which one or more attorneys represents the claimant or
claimants or is entitled to the attorneys' fees, or a division of
attorneys' fees where the claimant or claimants are or have been
represented by more than one attorney, or any other disputes concerning
attorneys' fees or contracts for attorneys' fees, shall be heard
and determined by the Commission after reasonable notice to all interested
parties and attorneys.
(K)
After reasonable notice and hearing before the Commission, any attorney
found to be in violation of any provision of this Section shall be
required to make restitution of any excess fees charged plus interest
at a reasonable rate as determined by the Commission.
(Source: P.A.
93-721, eff. 1-1-05.)
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