Bill Text: IL HB3408 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB3408 Detail]

Download: Illinois-2023-HB3408-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3408 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
820 ILCS 305/19 from Ch. 48, par. 138.19
Amends the Workers' Compensation Act. Provides that, when a bond is required because a party against whom the Illinois Workers' Compensation Commission rendered an award for the payment of money seeks judicial review of the award, the bond requirement may be satisfied by posting collateral or guarantee of payment, which may include an insurance policy, a certificate of self-insurance, or funds in an escrow account. Effective immediately.
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A BILL FOR
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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 Workers' Compensation Act is amended by
changing Section 19 as follows:
(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 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.
2. Whenever any claimant misconceives his remedy and
files an application for adjustment of claim under the

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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.
(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

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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

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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

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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

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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

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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
employee;
(v) the identity of the person, if known, to whom the
accident was reported and the date on which it was
reported;
(vi) the name and title of the person, if known,
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;
(vii) a statement that the employer has refused to 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;
(viii) the name and address, if known, of each witness

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to the accident and of each other person upon whom the
employee will rely to support his allegations;
(ix) the dates of treatment related to the accident 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;
(x) a copy of a signed report by a medical
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,
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;
(xii) a list of any reports, records, documents and
affidavits which the employee has demanded by subpoena and
on which he intends to rely to support his allegations;
(xiii) a certification signed by the employee or his
representative that the employer has received the petition
with the required information 15 days before filing.
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

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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

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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

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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.

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(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

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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 from a labor
organization recognized under the National Labor Relations Act
or an attorney who has represented labor organizations or has
represented employees in workers' compensation cases, 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

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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

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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

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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

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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
Illinois other than those claims under Section 18.1, 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.
A proceeding for review shall be commenced within 20
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

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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.
The Commission shall not be required to certify the
record of their proceedings to the Circuit Court, unless
the party commencing the proceedings for review in the
Circuit Court as above provided, shall file with the
Commission notice of intent to file for review in Circuit
Court. It shall be the duty of the Commission upon such
filing of notice of intent to file for review in the
Circuit Court to prepare a true and correct copy of such
testimony and a true and correct copy of all other matters

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contained in such record and certified to by the Secretary
or Assistant Secretary thereof. The changes made to this
subdivision (f)(1) by this amendatory Act of the 98th
General Assembly apply to any Commission decision entered
after the effective date of this amendatory Act of the
98th General Assembly.
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 filing with the Commission of
the notice of the intent to file for review in the Circuit
Court or an affidavit of the attorney setting forth that
notice of intent to file for review in the Circuit Court
has been given in writing to the Secretary or Assistant
Secretary of the Commission.
(2) No such summons shall issue unless the one 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 or other collateral and guarantee pursuant to
subdivision (f)(3) 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 or other collateral and guarantee pursuant to
subdivision (f)(3) shall be fixed by any member of the
Commission and the surety or sureties of the bond shall be

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approved by the clerk of the court. The acceptance of the
bond or other collateral and guarantee pursuant to
subdivision (f)(3) by the clerk of the court shall
constitute evidence of his approval of the bond or other
collateral and guarantee pursuant to subdivision (f)(3).
(3) If the party seeking judicial review is the party
against whom the Commission rendered an award for payment
of money, then within the time frame for the commencement
of proceedings, the party shall provide to the circuit
court collateral or guarantee of payment of the award if
the review is not successfully prosecuted.
(A) Collateral or guarantee may be provided in the
following ways:
(i) filing an insurance policy pursuant to
Section 392.1 of the Illinois Insurance Code;
(ii) filing a certificate of self-insurance;
(iii) placing sufficient funds in an escrow
account; or
(iv) filing a bond signed by the employer or
any duly designated representative of the
employer, and in the event the employer is
insured, any representative of the insurer.
(B) If an insurance policy or certificate of
self-insurance is filed as collateral or guarantee,
the party respondent has 20 days within which to
object, and if the objection is sustained, the party

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so filing the insurance policy or certificate of
self-insurance has 10 days to cure the defect or
otherwise file another appropriate form of collateral
or guarantee. If no objection is filed within the 20
days, all objections are waived.
(C) On motion supported by good cause made within
the time frame for the commencement of proceedings or
within any extension granted pursuant to this
subdivision, the time for filing and approval of the
collateral or guarantee may be extended by the circuit
court, but the total extensions of time granted by the
circuit court may not aggregate more than 45 days from
the original due date unless the parties otherwise
stipulate in writing. The motion must be presented to
the circuit court at the time of filing the judicial
review and called for hearing and ruled upon by the
court within 10 days thereafter.
(D) The following shall not be required to file a
bond or other collateral and guarantee to secure the
payment of the award and the costs of the proceedings
in the court to authorize the court to issue such
summons:
(i) (1) the State, including its
constitutional officers, boards, commissions,
agencies, public institutions of higher learning,
and the State Treasurer, for a fund administered

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by the State Treasurer ex officio against whom the
Commission shall have rendered an award for the
payment of money; and
(ii) (2) a county, city, town, township,
incorporated village, school district, body
politic, or municipal corporation against whom the
Commission shall have rendered an award for the
payment of money.
(E) The Treasurer's Office shall not be required
to post a bond when appealing on behalf of the Injured
Workers' Benefit Fund.
The court may confirm or set aside the decision of 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.
It shall be the duty of the clerk of any court
rendering a decision affecting or affirming an award of
the Commission to promptly furnish the Commission with a

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copy of such decision, without charge.
The decision of a majority of the members of the panel
of the Commission, shall be considered the decision of the
Commission.
(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

HB3408 - 25 - LRB103 27214 SPS 53584 b
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

HB3408 - 26 - LRB103 27214 SPS 53584 b
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

HB3408 - 27 - LRB103 27214 SPS 53584 b
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

HB3408 - 28 - LRB103 27214 SPS 53584 b
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 30 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 or the Occupational Safety and Health 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

HB3408 - 29 - LRB103 27214 SPS 53584 b
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

HB3408 - 30 - LRB103 27214 SPS 53584 b
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

HB3408 - 31 - LRB103 27214 SPS 53584 b
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 this subsection (p) in the absence of fraud shall be
conclusive. However, the arbitrator may on his own motion, or
the motion of either party, correct any clerical errors or
errors in computation within 15 days after the date of receipt
of such award of the arbitrator and shall have the power to
recall the original award on arbitration, and issue in lieu
thereof such corrected award. The decision of the arbitrator
under this subsection (p) shall be considered the decision of
the Commission and proceedings for review of questions of law
arising from the decision may be commenced by either party
pursuant to subsection (f) of Section 19. The Advisory Board
established under Section 13.1 shall compile a list of
certified Commission arbitrators, each of whom shall be
approved by at least 7 members of the Advisory Board. The
chairman shall select 5 persons from such list to serve as
arbitrators under this subsection (p). By agreement, the
parties shall select one arbitrator from among the 5 persons

HB3408 - 32 - LRB103 27214 SPS 53584 b
selected by the chairman except that if the parties do not
agree on an arbitrator from among the 5 persons, the parties
may, by agreement, select an arbitrator of the American
Arbitration Association, whose fee shall be paid by the State
in accordance with rules promulgated by the Commission.
Arbitration under this subsection (p) shall be voluntary.
(Source: P.A. 101-384, eff. 1-1-20; 102-775, eff. 5-13-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.