Illinois Workers' Compensation Guidebook

REFERENCE DIRECTORY
PART I GUIDE TO WORKERS' COMPENSATION CLAIMS
Chapter 1 Overview of Workers' Compensation
§ 1.01 The Common Law System
§ 1.02 Development of the Workers' Compensation System
§ 1.03 Underlying Social Philosophy
§ 1.04 Basic Coverage of Workers' Compensation Law
§ 1.05 Filing Claim Before the Commission
§ 1.06 Time Limitations on Filing a Claim
§ 1.07 Attorney Representation Agreements
§ 1.08 Types of Benefits
§ 1.09 Statutory Maximum and Minimum Benefits
§ 1.10 Illinois Rankings, Statistics, and Data

Chapter 2 Workers' Compensation Insurance
§ 2.01 Regulatory Scheme
§ 2.02 Requirements for Employers
§ 2.03 Requirements for Insurance Carriers
§ 2.04 Classifications, Ratings and Premiums
§ 2.05 Insurance Policy and Its Interpretation

Chapter 3 Covered Employment
§ 3.01 Covered Employers
§ 3.02 Loaning-Borrowing Employers
§ 3.03 Business Owners
§ 3.04 Automatic Coverage
§ 3.05 Election of Coverage
§ 3.06 Covered Employees
§ 3.07 Specific Covered Occupations
§ 3.08 Occupations and Persons Excluded From Coverage

Chapter 4 Covered Injuries
Part A. Nature of Work Injury
§ 4.01 Notice of Work Injury
§ 4.02 Accident Defined—Arising Out of and in Course of Employment
§§ 4.03–4.09 Reserved

Part B. Occurring in Course of Employment
§ 4.10 Travel to and From Work
§ 4.11 Injuries Occurring Before and After Work
§ 4.12 Injuries Occurring in Company-Owned or-Provided Parking Lots
§ 4.13 Injuries Occurring in Non-Employer-Owned Parking Lots
§ 4.14 Injuries Occurring on Company Premises
§ 4.15 Extension of Company Premises
§ 4.16 Injuries Occurring During Work Breaks and Lunch Breaks
§ 4.17 Personal Comfort Doctrine
§ 4.18 Special Errands
§ 4.19 Traveling Employee
§ 4.20 Recreational Injuries
§ 4.21 Good Samaritan Doctrine
§ 4.22 Alcohol Intoxication—Removing Oneself From the Course of Employment
§ 4.23 Drug Intoxication—Removing Oneself From the Course of Employment
§§ 4.24–4.29 Reserved

Part C. Arising Out of Employment
§ 4.30 Employment Risks Generally
§ 4.31 Ordinary or Normal Activity of Daily Life
§ 4.32 Personal Risks
§ 4.33 Neutral Risks
§ 4.34 Positional Risk Doctrine
§ 4.35 Pre-existing Conditions
§ 4.36 Work Rule Violation
§ 4.37 Assaults and Fights
§ 4.38 Horseplay
§ 4.39 Suicide
§ 4.40 Repetitive Trauma
§ 4.41 Mental Stress Claims

Chapter 5 Medical Benefits
§ 5.01 Types of Medical Services Covered
§ 5.02 Covered Expenses
§ 5.03 Payment of Medical Expenses Not Admission of Liability
§ 5.04 Choice of Physicians
§ 5.05 Medical Panel
§ 5.06 Duration of Medical Benefits
§ 5.07 Effect of Medical Payments on Statute of Limitations
§ 5.08 Medical Fees
§ 5.09 Access to Medical Records
§ 5.10 Rights of Employees Under 2005 Amendments
§ 5.11 Rights of Physicians Under 2005 Amendments
§ 5.12 Employers Section 8(j) Credit
§ 5.13 Utilization Review

Chapter 6 Average Weekly Wage and Temporary Disability Benefits
Part A. Average Weekly Wage
§ 6.01 Calculation of Average Weekly Wage
§ 6.02 Overtime Pay
§ 6.03 Bonuses, Reimbursement, and Other Benefits
§ 6.04 Concurrent Employment
§ 6.05 Part-Time Employment
§ 6.06 Temporary Employment
§ 6.07 Volunteer Employment
§ 6.08 Statutory Maximum and Minimum Benefits
§ 6.09 Average Weekly Wage Quick Reference Chart
§§ 6.10–6.19 Reserved

Part B. Temporary Total Disability
§ 6.20 Initiation of Claim for Disability Benefits
§ 6.21 Temporary Total Disability; General Principles
§ 6.22 Temporary Total Disability Payments
§ 6.23 Defenses to Claim for Temporary Total Disability Benefits
§ 6.24 Temporary Partial Disability Benefits
§ 6.25 Reduction of Temporary Benefits by Child Support Order
§ 6.26 Payment of Compensation Not an Admission of Liability
§ 6.27 Termination of Temporary Disability Benefits

Chapter 7 Permanent Disability Benefits
§ 7.01 Overview of Permanent Disability Awards
§ 7.02 Permanent Partial Disability Defined
§ 7.03 Schedule of Injuries Calculation for Permanent Partial Disability
§ 7.04 Wage Differential Calculation of Permanent Partial Disability
§ 7.05 Person-as-a-Whole Calculation of Permanent Partial Disability
§ 7.06 Permanent Total Disability
§ 7.07 Ability to Earn Some Income—Odd Lot Category
§ 7.08 Rate Adjustment Fund
§ 7.09 Section 19(h) Petition to Increase or Decrease a Permanent Disability Benefit

Chapter 8 Vocational Rehabilitation
§ 8.01 Eligibility for Vocational Rehabilitation
§ 8.02 Purpose of Rehabilitation Program
§ 8.03 Types of Benefits
§ 8.04 Vocational Rehabilitation Assessment
§ 8.05 Defenses to Claim for Vocational Rehabilitation

Chapter 9 Death Benefits
§ 9.01 Statutory Right to Death Benefits
§ 9.02 Death Benefit Beneficiaries
§ 9.03 Calculation of a Death Benefit
§ 9.04 Funeral Expenses
§ 9.05 Duration of Death Benefit
§ 9.06 Settlement of Death Benefit

Chapter 10 Illinois Workers' Occupational Diseases Act
§ 10.01 Overview of Occupational Diseases Act
§ 10.02 Administration of Claims
§ 10.03 Statute of Limitations
§ 10.04 Statute of Repose
§ 10.05 Statutory Presumptions
§ 10.06 Jurisdiction of Commission
§ 10.07 Establishing an Occupational Disease Claim
§ 10.08 Temporary and Permanent Benefits Under the Occupational Diseases Act
§ 10.09 Death Benefits Under the Occupational Diseases Act
§ 10.10 Hearing Loss Claims

Chapter 11 Claims Adjuster’s Role and Ethics
§ 11.01 Initial Responsibilities of Insurance Carrier
§ 11.02 Initial Steps for Investigation
§ 11.03 Interview of Interested Parties and Witnesses
§ 11.04 Suspicion of Fraud
§ 11.05 Surveillance as Investigation Tool
§ 11.06 Initial Determinations of Compensability
§ 11.07 Payment of Temporary Total Disability and Medical
§ 11.08 Management of Claim
§ 11.09 Final Resolution
§ 11.10 Penalties
§ 11.11 Ethics

Chapter 12 Penalties
§ 12.01 Introduction; Penalty Reference Chart
§ 12.02 Section 19(k) Penalty for Delayed Payment, Frivolous Proceedings
§ 12.03 Section 19(l) Penalty for Delay of Benefits Under Section 8(a) or 8(b)
§ 12.04 Section 16 Attorney's Fees
§ 12.05 Section 4(c) Penalty for Pattern of Delay or Unfairness by Claims Administrator
§ 12.06 Section 4(h) Penalty for Unlawful Discrimination for Filing a Claim
§ 12.07 Section 4(d) Penalty for Employer Lacking Insurance

Chapter 13 Proceedings Before the Commission
Part A. Preliminary Proceedings
§ 13.01 Motion Practice
§ 13.02 Discovery
§ 13.03 Subpoena Practice
§ 13.04 Deposition of Treating or Examining Physician
§ 13.05 Trial Petitions
§ 13.06 Expedited Trial Petition (Section 19(b))
§ 13.07 Emergency Trial Petition (Section 19(b-1))
§ 13.08 Dismissal for Want of Prosecution
§ 13.09 Petitions to Reinstate Dismissed Claim
§§ 13.10–13.19 Reserved

Part B. The Hearing Process
§ 13.20 Pre-trial Hearings
§ 13.21 Trial Stipulation Sheet
§ 13.22 Burden of Proof
§ 13.23 Expert Witnesses at Trial
§ 13.24 Lay Witnesses at Trial
§ 13.25 Exhibits at Trial
§ 13.26 Surveillance Video Tape and Photographs
§ 13.27 Closing of Proofs
§ 13.28 Preparation of Proposed Arbitrator Decision
§ 13.29 Arbitrator Decisions
§ 13.30 Motion to Recall Decision

Chapter 14 Trials and Appeals
§ 14.01 Application for Adjustment of Claim
§ 14.02 Arbitration
§ 14.03 Commission Review Panel
§ 14.04 Appeals to the Circuit Court
§ 14.05 Venue in Circuit Court Appeals
§ 14.06 Bond Requirements in Circuit Court Appeals
§ 14.07 Standard of Review in Circuit Court Appeals
§ 14.08 Authority of Circuit Court
§ 14.09 Appeals to Appellate and Supreme Courts

Chapter 15 Settlements
§ 15.01 Introduction
§ 15.02 Settlement Contract Lump Sum Petition
§ 15.03 Settlement Without Approval of Arbitrator or Commissioner
§ 15.04 Rejection of Settlement Contract by Commission
§ 15.05 Attorneys' Fees
§ 15.06 Special Considerations—Social Security and Medicare
§ 15.07 Adjuster's Role in Settlements

Chapter 16 Subrogation and Third-Party Claims
§ 16.01 Employer Immunity From Lawsuits Arising From Underlying Claim
§ 16.02 Application of Exclusive Remedy to Joint Employers
§ 16.03 Application of Exclusive Remedy When Loaning or Borrowing Employee
§ 16.04 Intentional Tort Exception to Exclusive Remedy Provision
§ 16.05 Other Exceptions to Exclusive Remedy Provision
§ 16.06 Third Persons Subject to Tort Suit By Employee
§ 16.07 Employer Subject to Claims for Contribution
§ 16.08 Subrogation
§ 16.09 Exceptions to Recovery of Subrogation Lien
§ 16.10 Pursuit of Subrogation Action

PART II CASE SUMMARIES WITH COMMENTARY
PART III ILLINOIS COMPILED STATUTES
Workers' Compensation Law
Workers' Occupational Diseases Act
Line of Duty Compensation Act
PART IV ILLINOIS WORKERS' COMPENSATION COMMISSION RULES OF PRACTICE
PART V TABLES AND CHARTS
INDEX