99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3594
 
Introduced , by Rep. Mark Batinick
 
SYNOPSIS AS INTRODUCED:



820 ILCS 305/8.1b

 Amends the Workers' Compensation Act. Provides that one of the factors upon which the Illinois Workers' Compensation Commission shall base its determination of the level of permanent partial disability shall be evidence of disability corroborated by objective findings in the medical records (rather than evidence of disability corroborated by the treating medical records). Deletes a provision that no single factor shall be the sole determinant of disability.



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A BILL FOR
 


HB3594LRB099 10627 SXM 30863 b



1 AN ACT concerning employment.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Workers' Compensation Act is amended by 
5changing Section 8.1b as follows:

6 (820 ILCS 305/8.1b)
7 Sec. 8.1b. Determination of permanent partial disability. 
8For accidental injuries that occur on or after September 1, 
92011, permanent partial disability shall be established using 
10the following criteria: 
11 (a) A physician licensed to practice medicine in all of its 
12branches preparing a permanent partial disability impairment 
13report shall report the level of impairment in writing. The 
14report shall include an evaluation of medically defined and 
15professionally appropriate measurements of impairment that 
16include, but are not limited to: loss of range of motion; loss 
17of strength; measured atrophy of tissue mass consistent with 
18the injury; and any other measurements that establish the 
19nature and extent of the impairment. The most current edition 
20of the American Medical Association's "Guides to the Evaluation 
21of Permanent Impairment" shall be used by the physician in 
22determining the level of impairment. 
23 (b) In determining the level of permanent partial 
 
 
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1disability, the Commission shall base its determination on the 
2following factors: (i) the reported level of impairment 
3pursuant to subsection (a); (ii) the occupation of the injured 
4employee; (iii) the age of the employee at the time of the 
5injury; (iv) the employee's future earning capacity; and (v) 
6evidence of disability corroborated by objective findings in 
7the treating medical records. No single enumerated factor shall 
8be the sole determinant of disability. In determining the level 
9of disability, the relevance and weight of any factors used in 
10addition to the level of impairment as reported by the 
11physician must be explained in a written order. 

12(Source: P.A. 97-18, eff. 6-28-11.)