(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
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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
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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.
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(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 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 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 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 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 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
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(v)
the identity of the person, if known, to whom
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the
accident was reported and the date on which it was
reported;
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(vi)
the name and title of the person, if known,
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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;
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(vii)
a statement that the employer has refused to
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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;
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(viii)
the name and address, if known, of each
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witness
to the accident and of each other person upon whom
the employee will rely to support his allegations;
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(ix)
the dates of treatment related to the accident
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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;
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(x)
a copy of a signed report by a medical
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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;
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(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;
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(xii)
a list of any reports, records, documents and
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affidavits
which the employee has demanded by subpoena and on
which he intends to rely to support his allegations;
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(xiii)
a certification signed by the employee or his
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representative
that the employer has received the petition with
the required information 15 days before filing.
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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 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 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 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.
(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 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 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 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 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
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 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
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Illinois,
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.
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A
proceeding for review shall be commenced within 20
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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 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.
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The
Commission shall not be required to certify the
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record
of their proceedings to the Circuit Court, unless
the party commencing the proceedings for review in
the Circuit Court as above provided, shall pay to
the Commission the sum of 80¢ per page of testimony
taken before the Commission, and 35¢ per page of
all other matters contained in such record, except
as otherwise provided by Section 20 of this Act.
Payment for photostatic copies of exhibit shall be
extra. It shall be the duty of the Commission upon
such payment, or failure to pay as permitted under
Section 20 of this Act, to prepare a true and correct
typewritten copy of such testimony and a true and
correct copy of all other matters contained in such
record and certified to by the Secretary or Assistant
Secretary thereof.
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In
its decision on review the Commission shall
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determine
in each particular case the amount of the probable
cost of the record to be filed as a part of the summons
in that case and 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 payment by filing a receipt showing payment or
an affidavit of the attorney setting forth that payment
has been made of the sums so determined to the Secretary
or Assistant Secretary of the Commission, except
as otherwise provided by Section 20 of this Act.
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(2)
No such summons shall issue unless the one
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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.
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Every
county, city, town, township, incorporated
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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.
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The
court may confirm or set aside the decision of
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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.
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It
shall be the duty of the clerk of any court
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rendering
a decision affecting or affirming an award of the
Commission to promptly furnish the Commission with
a copy of such decision, without charge.
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The
decision of a majority of the members of the
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panel
of the Commission, shall be considered the decision
of the Commission.
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(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 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 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 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 60 days specified under Section
8.2(d). In case 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 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 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 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 acting within his or her powers under
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