Bill Text: IL HB0782 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Public Employee Disability Act. Provides that upon the occurrence of circumstances, directly or indirectly attributable to COVID-19, occurring on or after March 9, 2020 and on or before June 30, 2021 (instead of December 31, 2020) which would hinder the physical recovery from an injury of an eligible employee within a one-year period, the eligible employee shall be entitled to an extension of no longer than 60 days by which he or she shall continue to be paid by the employing public entity on the same basis as he or she was paid before the injury. Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. In provisions concerning line-of-duty death benefits and other death benefits, provides a rebuttable presumption that the death of a policeman or fireman from COVID-19 was a fatal injury while in active service if the policeman or fireman was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021 (instead of December 31, 2020). Amends the Workers' Occupational Diseases Act. Provides that the rebuttable presumption that the exposure to and contraction of COVID-19 by a COVID-19 first responder or front-line worker was causally connect to the hazards or exposures of the employee's first responder or front-line work employment if the diagnosis of COVID-19 was made on or after March 9, 2020 and on or before June 30, 2021 (instead of December 31, 2020). Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-01-10 - Placed on Calendar Order of 3rd Reading - Short Debate [HB0782 Detail]

Download: Illinois-2019-HB0782-Engrossed.html

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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Employee Disability Act is amended by
changing Section 1 as follows:
(5 ILCS 345/1) (from Ch. 70, par. 91)
Sec. 1. Disability benefit.
(a) For the purposes of this Section, "eligible employee"
means any part-time or full-time State correctional officer or
any other full or part-time employee of the Department of
Corrections, any full or part-time employee of the Prisoner
Review Board, any full or part-time employee of the Department
of Human Services working within a penal institution or a State
mental health or developmental disabilities facility operated
by the Department of Human Services, and any full-time law
enforcement officer or full-time firefighter, including a
full-time paramedic or a firefighter who performs paramedic
duties, who is employed by the State of Illinois, any unit of
local government (including any home rule unit), any State
supported college or university, or any other public entity
granted the power to employ persons for such purposes by law.
(b) Whenever an eligible employee suffers any injury in the
line of duty which causes him to be unable to perform his

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duties, he shall continue to be paid by the employing public
entity on the same basis as he was paid before the injury, with
no deduction from his sick leave credits, compensatory time for
overtime accumulations or vacation, or service credits in a
public employee pension fund during the time he is unable to
perform his duties due to the result of the injury, but not
longer than one year in relation to the same injury, except as
otherwise provided under subsection (b-5). However, no injury
to an employee of the Department of Corrections or the Prisoner
Review Board working within a penal institution or an employee
of the Department of Human Services working within a
departmental mental health or developmental disabilities
facility shall qualify the employee for benefits under this
Section unless the injury is the direct or indirect result of
violence by inmates of the penal institution or residents of
the mental health or developmental disabilities facility.
(b-5) Upon the occurrence of circumstances, directly or
indirectly attributable to COVID-19, occurring on or after
March 9, 2020 and on or before June 30, 2021 (including the
period between December 31, 2020 and the effective date of this
amendatory Act of the 101st General Assembly) December 31, 2020
which would hinder the physical recovery from an injury of an
eligible employee within the one-year period as required under
subsection (b), the eligible employee shall be entitled to an
extension of no longer than 60 days by which he or she shall
continue to be paid by the employing public entity on the same

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basis as he or she was paid before the injury. The employing
public entity may require proof of the circumstances hindering
an eligible employee's physical recovery before granting the
extension provided under this subsection (b-5).
(c) At any time during the period for which continuing
compensation is required by this Act, the employing public
entity may order at the expense of that entity physical or
medical examinations of the injured person to determine the
degree of disability.
(d) During this period of disability, the injured person
shall not be employed in any other manner, with or without
monetary compensation. Any person who is employed in violation
of this paragraph forfeits the continuing compensation
provided by this Act from the time such employment begins. Any
salary compensation due the injured person from workers'
compensation or any salary due him from any type of insurance
which may be carried by the employing public entity shall
revert to that entity during the time for which continuing
compensation is paid to him under this Act. Any person with a
disability receiving compensation under the provisions of this
Act shall not be entitled to any benefits for which he would
qualify because of his disability under the provisions of the
Illinois Pension Code.
(e) Any employee of the State of Illinois, as defined in
Section 14-103.05 of the Illinois Pension Code, who becomes
permanently unable to perform the duties of such employment due

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to an injury received in the active performance of his duties
as a State employee as a result of a willful act of violence by
another employee of the State of Illinois, as so defined,
committed during such other employee's course of employment and
after January 1, 1988, shall be eligible for benefits pursuant
to the provisions of this Section. For purposes of this
Section, permanent disability is defined as a diagnosis or
prognosis of an inability to return to current job duties by a
physician licensed to practice medicine in all of its branches.
(f) The compensation and other benefits provided to
part-time employees covered by this Section shall be calculated
based on the percentage of time the part-time employee was
scheduled to work pursuant to his or her status as a part-time
employee.
(g) Pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Illinois Constitution, this Act specifically
denies and limits the exercise by home rule units of any power
which is inconsistent herewith, and all existing laws and
ordinances which are inconsistent herewith are hereby
superseded. This Act does not preempt the concurrent exercise
by home rule units of powers consistent herewith.
This Act does not apply to any home rule unit with a
population of over 1,000,000.
(h) In those cases where the injury to a State employee for
which a benefit is payable under this Act was caused under
circumstances creating a legal liability for damages on the

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part of some person other than the State employer, all of the
rights and privileges, including the right to notice of suit
brought against such other person and the right to commence or
join in such suit, as given the employer, together with the
conditions or obligations imposed under paragraph (b) of
Section 5 of the Workers' Compensation Act, are also given and
granted to the State, to the end that, with respect to State
employees only, the State may be paid or reimbursed for the
amount of benefit paid or to be paid by the State to the
injured employee or his or her personal representative out of
any judgment, settlement, or payment for such injury obtained
by such injured employee or his or her personal representative
from such other person by virtue of the injury.
(Source: P.A. 100-1143, eff. 1-1-19; 101-651, eff. 8-7-20.)
Section 10. The Illinois Pension Code is amended by
changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
Sec. 5-144. Death from injury in the performance of acts of
duty; compensation annuity and supplemental annuity.
(a) Beginning January 1, 1986, and without regard to
whether or not the annuity in question began before that date,
if the annuity for the widow of a policeman whose death, on or
after January 1, 1940, results from injury incurred in the
performance of an act or acts of duty, is not equal to the sum

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hereinafter stated, "compensation annuity" equal to the
difference between the annuity and an amount equal to 75% of
the policeman's salary attached to the position he held by
certification and appointment as a result of competitive civil
service examination that would ordinarily have been paid to him
as though he were in active discharge of his duties shall be
payable to the widow until the policeman, had he lived, would
have attained age 63. The total amount of the widow's annuity
and children's awards payable to the family of such policeman
shall not exceed the amounts stated in Section 5-152.
For the purposes of this Section only, the death of any
policeman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the policeman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any policeman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before June 30,
2021 (including the period between December 31, 2020 and the
effective date of this amendatory Act of the 101st General
Assembly) December 31, 2020; except that the presumption shall
not apply if the policeman was on a leave of absence from his
or her employment or otherwise not required to report for duty

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for a period of 14 or more consecutive days immediately prior
to the date of contraction of COVID-19. For the purposes of
determining when a policeman contracted COVID-19 under this
paragraph, the date of contraction is either the date that the
policeman was diagnosed with COVID-19 or was unable to work due
to symptoms that were later diagnosed as COVID-19, whichever
occurred first.
The provisions of this Section, as amended by Public Act
84-1104, including the reference to the date upon which the
deceased policeman would have attained age 63, shall apply to
all widows of policemen whose death occurs on or after January
1, 1940 due to injury incurred in the performance of an act of
duty, regardless of whether such death occurred prior to
September 17, 1969. For those widows of policemen that died
prior to September 17, 1969, who became eligible for
compensation annuity by the action of Public Act 84-1104, such
compensation annuity shall begin and be calculated from January
1, 1986. The provisions of this amendatory Act of 1987 are
intended to restate and clarify the intent of Public Act
84-1104, and do not make any substantive change.
(b) Upon termination of the compensation annuity,
"supplemental annuity" shall become payable to the widow, equal
to the difference between the annuity for the widow and an
amount equal to 75% of the annual salary (including all salary
increases and longevity raises) that the policeman would have
been receiving when he attained age 63 if the policeman had

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continued in service at the same rank (whether career service
or exempt) that he last held in the police department. The
increase in supplemental annuity resulting from this
amendatory Act of the 92nd General Assembly applies without
regard to whether the deceased policeman was in service on or
after the effective date of this amendatory Act and is payable
from July 1, 2002 or the date upon which the supplemental
annuity begins, whichever is later.
(c) Neither compensation nor supplemental annuity shall be
paid unless the death of the policeman was a direct result of
the injury, or the injury was of such character as to prevent
him from subsequently resuming service as a policeman; nor
shall compensation or supplemental annuity be paid unless the
widow was the wife of the policeman when the injury occurred.
(Source: P.A. 101-633, eff. 6-5-20.)
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
Sec. 5-153. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit is
payable on account of any policeman in service and in receipt
of salary on or after such date, which benefit is in addition
to all other annuities and benefits herein provided. This
benefit is payable upon death of a policeman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,

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without salary, beginning on or after January 1, 1962, if
the death occurs within 60 days from the date the employee
was in receipt of salary; or otherwise in the service and
not separated by resignation or discharge beginning
January 1, 1962 if death occurs before his resignation or
discharge from the service;
(3) receiving duty disability or ordinary disability
benefit;
(4) occurring within 60 days from the date of
termination of duty disability or ordinary disability
benefit payments if re-entry into service had not occurred;
or
(5) occurring on retirement and while in receipt of an
age and service annuity, Tier 2 monthly retirement annuity,
or prior service annuity; provided (a) retirement on such
annuity occurred on or after January 1, 1962, and (b) such
separation from service was effective on or after the
policeman's attainment of age 50, and (c) application for
such annuity was made within 60 days after separation from
service.
(b) The ordinary death benefit is payable to such
beneficiary or beneficiaries as the policeman has nominated by
written direction duly signed and acknowledged before an
officer authorized to take acknowledgments, and filed with the
board. If no such written direction has been filed or if the
designated beneficiaries do not survive the policeman, payment

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of the benefit shall be made to his estate.
(c) Until December 31, 1977, if death occurs prior to
retirement on annuity and before the policeman's attainment of
age 50, the amount of the benefit payable is $6,000. If death
occurs prior to retirement, at age 50 or over, the benefit of
$6,000 shall be reduced $400 for each year (commencing on the
policeman's attainment of age 50, and thereafter on each
succeeding birthdate) that the policeman's age, at date of
death, is more than age 50, but in no event below the amount of
$2,000. However, if death results from injury incurred in the
performance of an act or acts of duty, prior to retirement on
annuity, the amount of the benefit payable is $6,000
notwithstanding the age attained.
Until December 31, 1977, if the policeman's death occurs
while he is in receipt of an annuity, the benefit is $2,000 if
retirement was effective upon attainment of age 55 or greater.
If the policeman retired at age 50 or over and before age 55,
the benefit of $2,000 shall be reduced $100 for each year or
fraction of a year that the policeman's age at retirement was
less than age 55 to a minimum payment of $1,500.
After December 31, 1977, and on or before January 1, 1986,
if death occurs prior to retirement on annuity and before the
policeman's attainment of age 50, the amount of the benefit
payable is $7,000. If death occurs prior to retirement, at age
50 or over, the benefit of $7,000 shall be reduced $400 for
each year (commencing on the policeman's attainment of age 50,

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and thereafter on each succeeding birthdate) that the
policeman's age, at date of death, is more than age 50, but in
no event below the amount of $3,000. However, if death results
from injury incurred in the performance of an act or acts of
duty, prior to retirement on annuity, the amount of the benefit
payable is $7,000 notwithstanding the age attained.
After December 31, 1977, and on or before January 1, 1986,
if the policeman's death occurs while he is in receipt of an
annuity, the benefit is $2,250 if retirement was effective upon
attainment of age 55 or greater. If the policeman retired at
age 50 or over and before age 55, the benefit of $2,250 shall
be reduced $100 for each year or fraction of a year that the
policeman's age at retirement was less than age 55 to a minimum
payment of $1,750.
After January 1, 1986, if death occurs prior to retirement
on annuity and before the policeman's attainment of age 50, the
amount of benefit payable is $12,000. If death occurs prior to
retirement, at age 50 or over, the benefit of $12,000 shall be
reduced $400 for each year (commencing on the policeman's
attainment of age 50, and thereafter on each succeeding
birthdate) that the policeman's age, at date of death, is more
than age 50, but in no event below the amount of $6,000.
However, if death results from injury in the performance of an
act or acts of duty, prior to retirement on annuity, the amount
of benefit payable is $12,000 notwithstanding the age attained.
After January 1, 1986, if the policeman's death occurs

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while he is in receipt of an annuity, the benefit is $6,000.
(d) For the purposes of this Section only, the death of any
policeman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the policeman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any policeman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before June 30,
2021 (including the period between December 31, 2020 and the
effective date of this amendatory Act of the 101st General
Assembly) December 31, 2020; except that the presumption shall
not apply if the policeman was on a leave of absence from his
or her employment or otherwise not required to report for duty
for a period of 14 or more consecutive days immediately prior
to the date of contraction of COVID-19. For the purposes of
determining when a policeman contracted COVID-19 under this
subsection, the date of contraction is either the date that the
policeman was diagnosed with COVID-19 or was unable to work due
to symptoms that were later diagnosed as COVID-19, whichever
occurred first.
(Source: P.A. 101-633, eff. 6-5-20.)

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(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
Sec. 6-140. Death in the line of duty.
(a) The annuity for the widow of a fireman whose death
results from the performance of an act or acts of duty shall be
an amount equal to 50% of the current annual salary attached to
the classified position to which the fireman was certified at
the time of his death and 75% thereof after December 31, 1972.
Unless the performance of an act or acts of duty results
directly in the death of the fireman, or prevents him from
subsequently resuming active service in the fire department,
the annuity herein provided shall not be paid; nor shall such
annuities be paid unless the widow was the wife of the fireman
at the time of the act or acts of duty which resulted in his
death.
For the purposes of this Section only, the death of any
fireman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the fireman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any fireman who was exposed to and contracted COVID-19
on or after March 9, 2020 and on or before June 30, 2021
(including the period between December 31, 2020 and the

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effective date of this amendatory Act of the 101st General
Assembly) December 31, 2020; except that the presumption shall
not apply if the fireman was on a leave of absence from his or
her employment or otherwise not required to report for duty for
a period of 14 or more consecutive days immediately prior to
the date of contraction of COVID-19. For the purposes of
determining when a fireman contracted COVID-19 under this
paragraph, the date of contraction is either the date that the
fireman was diagnosed with COVID-19 or was unable to work due
to symptoms that were later diagnosed as COVID-19, whichever
occurred first.
(b) The changes made to this Section by this amendatory Act
of the 92nd General Assembly apply without regard to whether
the deceased fireman was in service on or after the effective
date of this amendatory Act. In the case of a widow receiving
an annuity under this Section that has been reduced to 40% of
current salary because the fireman, had he lived, would have
attained the age prescribed for compulsory retirement, the
annuity shall be restored to the amount provided in subsection
(a), with the increase beginning to accrue on the later of
January 1, 2001 or the day the annuity first became payable.
(Source: P.A. 101-633, eff. 6-5-20.)
(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
Sec. 6-150. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit

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shall be payable on account of any fireman in service and in
receipt of salary on or after such date, which benefit shall be
in addition to all other annuities and benefits herein
provided. This benefit shall be payable upon death of a
fireman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,
without salary, beginning on or after January 1, 1962, if
the death occurs within 60 days from the date the fireman
was in receipt of salary;
(3) receiving duty, occupational disease, or ordinary
disability benefit;
(4) occurring within 60 days from the date of
termination of duty disability, occupational disease
disability or ordinary disability benefit payments if
re-entry into service had not occurred; or
(5) occurring on retirement and while in receipt of an
age and service annuity, prior service annuity, Tier 2
monthly retirement annuity, or minimum annuity; provided
(a) retirement on such annuity occurred on or after January
1, 1962, and (b) such separation from service was effective
on or after the fireman's attainment of age 50, and (c)
application for such annuity was made within 60 days after
separation from service.
(b) The ordinary death benefit shall be payable to such

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beneficiary or beneficiaries as the fireman has nominated by
written direction duly signed and acknowledged before an
officer authorized to take acknowledgments, and filed with the
board. If no such written direction has been filed or if the
designated beneficiaries do not survive the fireman, payment of
the benefit shall be made to his estate.
(c) Beginning July 1, 1983, if death occurs prior to
retirement on annuity and before the fireman's attainment of
age 50, the amount of the benefit payable shall be $12,000.
Beginning July 1, 1983, if death occurs prior to retirement, at
age 50 or over, the benefit of $12,000 shall be reduced $400
for each year (commencing on the fireman's attainment of age 50
and thereafter on each succeeding birth date) that the
fireman's age, at date of death, is more than age 49, but in no
event below the amount of $6,000.
Beginning July 1, 1983, if the fireman's death occurs while
he is in receipt of an annuity, the benefit shall be $6,000.
(d) For the purposes of this Section only, the death of any
fireman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the fireman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall

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apply to any fireman who was exposed to and contracted COVID-19
on or after March 9, 2020 and on or before June 30, 2021
(including the period between December 31, 2020 and the
effective date of this amendatory Act of the 101st General
Assembly) December 31, 2020; except that the presumption shall
not apply if the fireman was on a leave of absence from his or
her employment or otherwise not required to report for duty for
a period of 14 or more consecutive days immediately prior to
the date of contraction of COVID-19. For the purposes of
determining when a fireman contracted COVID-19 under this
subsection, the date of contraction is either the date that the
fireman was diagnosed with COVID-19 or was unable to work due
to symptoms that were later diagnosed as COVID-19, whichever
occurred first.
(Source: P.A. 101-633, eff. 6-5-20.)
Section 15. The Workers' Occupational Diseases Act is
amended by changing Section 1 as follows:
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
Sec. 1. This Act shall be known and may be cited as the
"Workers' Occupational Diseases Act".
(a) The term "employer" as used in this Act shall be
construed to be:
1. The State and each county, city, town, township,
incorporated village, school district, body politic, or

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municipal corporation therein.
2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary,
religious or charitable corporations or associations, who
has any person in service or under any contract for hire,
express or implied, oral or written.
3. Where an employer operating under and subject to the
provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable
occupational disease in the employment of such borrowing
employer and where such borrowing employer does not provide
or pay the benefits or payments due such employee, such
loaning employer shall be liable to provide or pay all
benefits or payments due such employee under this Act and
as to such employee the liability of such loaning and
borrowing employers shall be joint and several, provided
that such loaning employer shall in the absence of
agreement to the contrary be entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with
reasonable attorneys' fees and expenses in any hearings
before the Illinois Workers' Compensation Commission or in
any action to secure such reimbursement. Where any benefit
is provided or paid by such loaning employer, the employee
shall have the duty of rendering reasonable co-operation in
any hearings, trials or proceedings in the case, including

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such proceedings for reimbursement.
Where an employee files an Application for Adjustment
of Claim with the Illinois Workers' Compensation
Commission alleging that his or her claim is covered by the
provisions of the preceding paragraph, and joining both the
alleged loaning and borrowing employers, they and each of
them, upon written demand by the employee and within 7 days
after receipt of such demand, shall have the duty of filing
with the Illinois Workers' Compensation Commission a
written admission or denial of the allegation that the
claim is covered by the provisions of the preceding
paragraph and in default of such filing or if any such
denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this
Act shall apply.
An employer whose business or enterprise or a
substantial part thereof consists of hiring, procuring or
furnishing employees to or for other employers operating
under and subject to the provisions of this Act for the
performance of the work of such other employers and who
pays such employees their salary or wage notwithstanding
that they are doing the work of such other employers shall
be deemed a loaning employer within the meaning and
provisions of this Section.
(b) The term "employee" as used in this Act, shall be
construed to mean:

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1. Every person in the service of the State, county,
city, town, township, incorporated village or school
district, body politic or municipal corporation therein,
whether by election, appointment or contract of hire,
express or implied, oral or written, including any official
of the State, or of any county, city, town, township,
incorporated village, school district, body politic or
municipal corporation therein and except any duly
appointed member of the fire department in any city whose
population exceeds 500,000 according to the last Federal or
State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State.
One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated
village, school district, body politic or municipal
corporation therein, through its representatives, shall
not be considered as an employee of the State, county,
city, town, township, incorporated village, school
district, body politic or municipal corporation which made
the contract.
2. Every person in the service of another under any
contract of hire, express or implied, oral or written, who
contracts an occupational disease while working in the
State of Illinois, or who contracts an occupational disease
while working outside of the State of Illinois but where
the contract of hire is made within the State of Illinois,

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and any person whose employment is principally localized
within the State of Illinois, regardless of the place where
the disease was contracted or place where the contract of
hire was made, including aliens, and minors who, for the
purpose of this Act, except Section 3 hereof, shall be
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult
employees. An employee or his or her dependents under this
Act who shall have a cause of action by reason of an
occupational disease, disablement or death arising out of
and in the course of his or her employment may elect or
pursue his or her remedy in the State where the disease was
contracted, or in the State where the contract of hire is
made, or in the State where the employment is principally
localized.
(c) "Commission" means the Illinois Workers' Compensation
Commission created by the Workers' Compensation Act, approved
July 9, 1951, as amended.
(d) In this Act the term "Occupational Disease" means a
disease arising out of and in the course of the employment or
which has become aggravated and rendered disabling as a result
of the exposure of the employment. Such aggravation shall arise
out of a risk peculiar to or increased by the employment and
not common to the general public.
A disease shall be deemed to arise out of the employment if
there is apparent to the rational mind, upon consideration of

HB0782 Engrossed - 22 - LRB101 03774 JLS 48782 b
all the circumstances, a causal connection between the
conditions under which the work is performed and the
occupational disease. The disease need not to have been
foreseen or expected but after its contraction it must appear
to have had its origin or aggravation in a risk connected with
the employment and to have flowed from that source as a
rational consequence.
An employee shall be conclusively deemed to have been
exposed to the hazards of an occupational disease when, for any
length of time however short, he or she is employed in an
occupation or process in which the hazard of the disease
exists; provided however, that in a claim of exposure to atomic
radiation, the fact of such exposure must be verified by the
records of the central registry of radiation exposure
maintained by the Department of Public Health or by some other
recognized governmental agency maintaining records of such
exposures whenever and to the extent that the records are on
file with the Department of Public Health or the agency.
Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or

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other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by Public Act 93-829 is
declarative of existing law and is not a new enactment.
The employer liable for the compensation in this Act
provided shall be the employer in whose employment the employee
was last exposed to the hazard of the occupational disease
claimed upon regardless of the length of time of such last
exposure, except, in cases of silicosis or asbestosis, the only
employer liable shall be the last employer in whose employment
the employee was last exposed during a period of 60 days or
more after the effective date of this Act, to the hazard of
such occupational disease, and, in such cases, an exposure
during a period of less than 60 days, after the effective date
of this Act, shall not be deemed a last exposure. If a miner
who is suffering or suffered from pneumoconiosis was employed
for 10 years or more in one or more coal mines there shall,
effective July 1, 1973 be a rebuttable presumption that his or
her pneumoconiosis arose out of such employment.
If a deceased miner was employed for 10 years or more in
one or more coal mines and died from a respirable disease there
shall, effective July 1, 1973, be a rebuttable presumption that
his or her death was due to pneumoconiosis.
Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
emergency medical technician-intermediate (EMT-I), advanced

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emergency medical technician (A-EMT), or paramedic which
results directly or indirectly from any bloodborne pathogen,
lung or respiratory disease or condition, heart or vascular
disease or condition, hypertension, tuberculosis, or cancer
resulting in any disability (temporary, permanent, total, or
partial) to the employee shall be rebuttably presumed to arise
out of and in the course of the employee's firefighting, EMT,
EMT-I, A-EMT, or paramedic employment and, further, shall be
rebuttably presumed to be causally connected to the hazards or
exposures of the employment. This presumption shall also apply
to any hernia or hearing loss suffered by an employee employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
this presumption shall not apply to any employee who has been
employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
less than 5 years at the time he or she files an Application
for Adjustment of Claim concerning this condition or impairment
with the Illinois Workers' Compensation Commission. The
rebuttable presumption established under this subsection,
however, does not apply to an emergency medical technician
(EMT), emergency medical technician-intermediate (EMT-I),
advanced emergency medical technician (A-EMT), or paramedic
employed by a private employer if the employee spends the
preponderance of his or her work time for that employer engaged
in medical transfers between medical care facilities or
non-emergency medical transfers to or from medical care
facilities. The changes made to this subsection by this

HB0782 Engrossed - 25 - LRB101 03774 JLS 48782 b
amendatory Act of the 98th General Assembly shall be narrowly
construed. The Finding and Decision of the Illinois Workers'
Compensation Commission under only the rebuttable presumption
provision of this paragraph shall not be admissible or be
deemed res judicata in any disability claim under the Illinois
Pension Code arising out of the same medical condition;
however, this sentence makes no change to the law set forth in
Krohe v. City of Bloomington, 204 Ill.2d 392.
The insurance carrier liable shall be the carrier whose
policy was in effect covering the employer liable on the last
day of the exposure rendering such employer liable in
accordance with the provisions of this Act.
(e) "Disablement" means an impairment or partial
impairment, temporary or permanent, in the function of the body
or any of the members of the body, or the event of becoming
disabled from earning full wages at the work in which the
employee was engaged when last exposed to the hazards of the
occupational disease by the employer from whom he or she claims
compensation, or equal wages in other suitable employment; and
"disability" means the state of being so incapacitated.
(f) No compensation shall be payable for or on account of
any occupational disease unless disablement, as herein
defined, occurs within two years after the last day of the last
exposure to the hazards of the disease, except in cases of
occupational disease caused by berylliosis or by the inhalation
of silica dust or asbestos dust and, in such cases, within 3

HB0782 Engrossed - 26 - LRB101 03774 JLS 48782 b
years after the last day of the last exposure to the hazards of
such disease and except in the case of occupational disease
caused by exposure to radiological materials or equipment, and
in such case, within 25 years after the last day of last
exposure to the hazards of such disease.
(g)(1) In any proceeding before the Commission in which the
employee is a COVID-19 first responder or front-line worker as
defined in this subsection, if the employee's injury or
occupational disease resulted from exposure to and contraction
of COVID-19, the exposure and contraction shall be rebuttably
presumed to have arisen out of and in the course of the
employee's first responder or front-line worker employment and
the injury or occupational disease shall be rebuttably presumed
to be causally connected to the hazards or exposures of the
employee's first responder or front-line worker employment.
(2) The term "COVID-19 first responder or front-line
worker" means: all individuals employed as police, fire
personnel, emergency medical technicians, or paramedics; all
individuals employed and considered as first responders; all
workers for health care providers, including nursing homes and
rehabilitation facilities and home care workers; corrections
officers; and any individuals employed by essential businesses
and operations as defined in Executive Order 2020-10 dated
March 20, 2020, as long as individuals employed by essential
businesses and operations are required by their employment to
encounter members of the general public or to work in

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employment locations of more than 15 employees. For purposes of
this subsection only, an employee's home or place of residence
is not a place of employment, except for home care workers.
(3) The presumption created in this subsection may be
rebutted by evidence, including, but not limited to, the
following:
(A) the employee was working from his or her home, on
leave from his or her employment, or some combination
thereof, for a period of 14 or more consecutive days
immediately prior to the employee's injury, occupational
disease, or period of incapacity resulted from exposure to
COVID-19; or
(B) the employer was engaging in and applying to the
fullest extent possible or enforcing to the best of its
ability industry-specific workplace sanitation, social
distancing, and health and safety practices based on
updated guidance issued by the Centers for Disease Control
and Prevention or Illinois Department of Public Health or
was using a combination of administrative controls,
engineering controls, or personal protective equipment to
reduce the transmission of COVID-19 to all employees for at
least 14 consecutive days prior to the employee's injury,
occupational disease, or period of incapacity resulting
from exposure to COVID-19. For purposes of this subsection,
"updated" means the guidance in effect at least 14 days
prior to the COVID-19 diagnosis. For purposes of this

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subsection, "personal protective equipment" means
industry-specific equipment worn to minimize exposure to
hazards that cause illnesses or serious injuries, which may
result from contact with biological, chemical,
radiological, physical, electrical, mechanical, or other
workplace hazards. "Personal protective equipment"
includes, but is not limited to, items such as face
coverings, gloves, safety glasses, safety face shields,
barriers, shoes, earplugs or muffs, hard hats,
respirators, coveralls, vests, and full body suits; or
(C) the employee was exposed to COVID-19 by an
alternate source.
(4) The rebuttable presumption created in this subsection
applies to all cases tried after June 5, 2020 (the effective
date of Public Act 101-633) this amendatory Act of the 101st
General Assembly and in which the diagnosis of COVID-19 was
made on or after March 9, 2020 and on or before June 30, 2021
(including the period between December 31, 2020 and the
effective date of this amendatory Act of the 101st General
Assembly) December 31, 2020.
(5) Under no circumstances shall any COVID-19 case increase
or affect any employer's workers' compensation insurance
experience rating or modification, but COVID-19 costs may be
included in determining overall State loss costs.
(6) In order for the presumption created in this subsection
to apply at trial, for COVID-19 diagnoses occurring on or

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before June 15, 2020, an employee must provide a confirmed
medical diagnosis by a licensed medical practitioner or a
positive laboratory test for COVID-19 or for COVID-19
antibodies; for COVID-19 diagnoses occurring after June 15,
2020, an employee must provide a positive laboratory test for
COVID-19 or for COVID-19 antibodies.
(7) The presumption created in this subsection does not
apply if the employee's place of employment was solely the
employee's home or residence for a period of 14 or more
consecutive days immediately prior to the employee's injury,
occupational disease, or period of incapacity resulted from
exposure to COVID-19.
(8) The date of injury or the beginning of the employee's
occupational disease or period of disability is either the date
that the employee was unable to work due to contraction of
COVID-19 or was unable to work due to symptoms that were later
diagnosed as COVID-19, whichever came first.
(9) An employee who contracts COVID-19, but fails to
establish the rebuttable presumption is not precluded from
filing for compensation under this Act or under the Workers'
Compensation Act.
(10) To qualify for temporary total disability benefits
under the presumption created in this subsection, the employee
must be certified for or recertified for temporary disability.
(11) An employer is entitled to a credit against any
liability for temporary total disability due to an employee as

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a result of the employee contracting COVID-19 for (A) any sick
leave benefits or extended salary benefits paid to the employee
by the employer under Emergency Family Medical Leave Expansion
Act, Emergency Paid Sick Leave Act of the Families First
Coronavirus Response Act, or any other federal law, or (B) any
other credit to which an employer is entitled under the
Workers' Compensation Act.
(Source: P.A. 101-633, eff. 6-5-20.)
Section 90. The State Mandates Act is amended by adding
Section 8.44 as follows:
(30 ILCS 805/8.44 new)
Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.