Sen. Bill Brady introduces competing ideas for changes to IL WC Act

The last few weeks have seen criticism of the IL Worker’s Compensation system, especially as it relates to state employees, erupt from all corners of the state.  It seems as though legislators are reacting.

Like Sen. Kyle McCarter, State Sen. Bill Brady has introduced a bill calling for changes to the Illinois Worker’s Compensation Act.   According to the official summary of the bill, the changes are as follows:

  • Provides that the maximum weekly benefit if, after the accidental injury, an employee becomes partially incapacitated from pursuing his or her usual and customary line of employment, shall be 66 2/3% of the State’s average weekly wage in covered industries under the Unemployment Insurance Act; such awards being known as wage differential awards shall cease when the employee reaches age 67 or 15 years after the accident;
  • Provides that permanent partial or total disability shall be certified by a physician and demonstrated by use of medically defined objective measurements, that subjective complaints shall not be considered unless supported by and clearly related to objective measurements, and that a specified publication shall be applied in determining the level of disability;
  • Provides that temporary total disability payments shall not exceed 104 weeks if the injured employee’s medical impairment rating determined as a percentage of the whole person is less than 70%;
  • Provides that the Illinois Workers’ Compensation Commission may recall a decision or settlement when fraud has been determined to be committed related to the case;
  • Provides that the fraud and insurance non-compliance unit of the Division of Insurance of the Department of Financial and Professional Regulation shall employ one or more attorneys as special prosecutors who shall initiate and prosecute any necessary criminal or civil actions; and,
  • Makes numerous changes regarding employee intoxication, the Attorney General and State’s Attorney, posting information on the web regarding unlawful acts, and other changes.

Read the full text of SB2155 here.  Check back often for updates.

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