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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5508

Introduced 2/13/2026, by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

820 ILCS 305/19

from Ch. 48, par. 138.19

Amends the Workers' Compensation Act. Provides that, on and after
July 1, 2026, if a public employer files a petition to review an award of
an arbitrator of the Commission, the award shall draw interest,
retroactive to the date of the injury, at a rate equal to 10% or 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, whichever is greater. Sets forth limitations on
interest assessed under the provision. Defines "public employer".
Effective July 1, 2026.
LRB104 17990 SPS 31427 b

A BILL FOR

HB5508
LRB104 17990 SPS 31427 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Workers' Compensation Act is amended by
5
changing Section 19 as follows:

6

(820 ILCS 305/19)

(from Ch. 48, par. 138.19)
7

Sec. 19.
Any disputed questions of law or fact shall be
8
determined as herein provided.
9

(a) It shall be the duty of the Commission upon
10
notification that the parties have failed to reach an
11
agreement, to designate an Arbitrator.
12

1. Whenever any claimant misconceives his remedy and
13

files an application for adjustment of claim under this
14

Act and it is subsequently discovered, at any time before
15

final disposition of such cause, that the claim for
16

disability or death which was the basis for such
17

application should properly have been made under the
18

Workers' Occupational Diseases Act, then the provisions of
19

Section 19, paragraph (a-1) of the Workers' Occupational
20

Diseases Act having reference to such application shall
21

apply.
22

2. Whenever any claimant misconceives his remedy and
23

files an application for adjustment of claim under the

HB5508
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LRB104 17990 SPS 31427 b
1

Workers' Occupational Diseases Act and it is subsequently
2

discovered, at any time before final disposition of such
3

cause that the claim for injury or death which was the
4

basis for such application should properly have been made
5

under this Act, then the application so filed under the
6

Workers' Occupational Diseases Act may be amended in form,
7

substance or both to assert claim for such disability or
8

death under this Act and it shall be deemed to have been so
9

filed as amended on the date of the original filing
10

thereof, and such compensation may be awarded as is
11

warranted by the whole evidence pursuant to this Act. When
12

such amendment is submitted, further or additional
13

evidence may be heard by the Arbitrator or Commission when
14

deemed necessary. Nothing in this Section contained shall
15

be construed to be or permit a waiver of any provisions of
16

this Act with reference to notice but notice if given
17

shall be deemed to be a notice under the provisions of this
18

Act if given within the time required herein.
19

(b) The Arbitrator shall make such inquiries and
20
investigations as he or they shall deem necessary and may
21
examine and inspect all books, papers, records, places, or
22
premises relating to the questions in dispute and hear such
23
proper evidence as the parties may submit.
24

The hearings before the Arbitrator shall be held in the
25
vicinity where the injury occurred after 10 days' notice of
26
the time and place of such hearing shall have been given to

HB5508
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LRB104 17990 SPS 31427 b
1
each of the parties or their attorneys of record.
2

The Arbitrator may find that the disabling condition is
3
temporary and has not yet reached a permanent condition and
4
may order the payment of compensation up to the date of the
5
hearing, which award shall be reviewable and enforceable in
6
the same manner as other awards, and in no instance be a bar to
7
a further hearing and determination of a further amount of
8
temporary total compensation or of compensation for permanent
9
disability, but shall be conclusive as to all other questions
10
except the nature and extent of said disability.
11

The decision of the Arbitrator shall be filed with the
12
Commission which Commission shall immediately send to each
13
party or his attorney a copy of such decision, together with a
14
notification of the time when it was filed. As of the effective
15
date of this amendatory Act of the 94th General Assembly, all
16
decisions of the Arbitrator shall set forth in writing
17
findings of fact and conclusions of law, separately stated, if
18
requested by either party. Unless a petition for review is
19
filed by either party within 30 days after the receipt by such
20
party of the copy of the decision and notification of time when
21
filed, and unless such party petitioning for a review shall
22
within 35 days after the receipt by him of the copy of the
23
decision, file with the Commission either an agreed statement
24
of the facts appearing upon the hearing before the Arbitrator,
25
or if such party shall so elect a correct transcript of
26
evidence of the proceedings at such hearings, then the

HB5508
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LRB104 17990 SPS 31427 b
1
decision shall become the decision of the Commission and in
2
the absence of fraud shall be conclusive. The Petition for
3
Review shall contain a statement of the petitioning party's
4
specific exceptions to the decision of the arbitrator. The
5
jurisdiction of the Commission to review the decision of the
6
arbitrator shall not be limited to the exceptions stated in
7
the Petition for Review. The Commission, or any member
8
thereof, may grant further time not exceeding 30 days, in
9
which to file such agreed statement or transcript of evidence.
10
Such agreed statement of facts or correct transcript of
11
evidence, as the case may be, shall be authenticated by the
12
signatures of the parties or their attorneys, and in the event
13
they do not agree as to the correctness of the transcript of
14
evidence it shall be authenticated by the signature of the
15
Arbitrator designated by the Commission.
16

Whether the employee is working or not, if the employee is
17
not receiving or has not received medical, surgical, or
18
hospital services or other services or compensation as
19
provided in paragraph (a) of Section 8, or compensation as
20
provided in paragraph (b) of Section 8, the employee may at any
21
time petition for an expedited hearing by an Arbitrator on the
22
issue of whether or not he or she is entitled to receive
23
payment of the services or compensation. Provided the employer
24
continues to pay compensation pursuant to paragraph (b) of
25
Section 8, the employer may at any time petition for an
26
expedited hearing on the issue of whether or not the employee

HB5508
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LRB104 17990 SPS 31427 b
1
is entitled to receive medical, surgical, or hospital services
2
or other services or compensation as provided in paragraph (a)
3
of Section 8, or compensation as provided in paragraph (b) of
4
Section 8. When an employer has petitioned for an expedited
5
hearing, the employer shall continue to pay compensation as
6
provided in paragraph (b) of Section 8 unless the arbitrator
7
renders a decision that the employee is not entitled to the
8
benefits that are the subject of the expedited hearing or
9
unless the employee's treating physician has released the
10
employee to return to work at his or her regular job with the
11
employer or the employee actually returns to work at any other
12
job. If the arbitrator renders a decision that the employee is
13
not entitled to the benefits that are the subject of the
14
expedited hearing, a petition for review filed by the employee
15
shall receive the same priority as if the employee had filed a
16
petition for an expedited hearing by an Arbitrator. Neither
17
party shall be entitled to an expedited hearing when the
18
employee has returned to work and the sole issue in dispute
19
amounts to less than 12 weeks of unpaid compensation pursuant
20
to paragraph (b) of Section 8.
21

Expedited hearings shall have priority over all other
22
petitions and shall be heard by the Arbitrator and Commission
23
with all convenient speed. Any party requesting an expedited
24
hearing shall give notice of a request for an expedited
25
hearing under this paragraph. A copy of the Application for
26
Adjustment of Claim shall be attached to the notice. The

HB5508
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LRB104 17990 SPS 31427 b
1
Commission shall adopt rules and procedures under which the
2
final decision of the Commission under this paragraph is filed
3
not later than 180 days from the date that the Petition for
4
Review is filed with the Commission.
5

Where 2 or more insurance carriers, private self-insureds,
6
or a group workers' compensation pool under Article V 3/4 of
7
the Illinois Insurance Code dispute coverage for the same
8
injury, any such insurance carrier, private self-insured, or
9
group workers' compensation pool may request an expedited
10
hearing pursuant to this paragraph to determine the issue of
11
coverage, provided coverage is the only issue in dispute and
12
all other issues are stipulated and agreed to and further
13
provided that all compensation benefits including medical
14
benefits pursuant to Section 8(a) continue to be paid to or on
15
behalf of petitioner. Any insurance carrier, private
16
self-insured, or group workers' compensation pool that is
17
determined to be liable for coverage for the injury in issue
18
shall reimburse any insurance carrier, private self-insured,
19
or group workers' compensation pool that has paid benefits to
20
or on behalf of petitioner for the injury.
21

(b-1) If the employee is not receiving medical, surgical
22
or hospital services as provided in paragraph (a) of Section 8
23
or compensation as provided in paragraph (b) of Section 8, the
24
employee, in accordance with Commission Rules, may file a
25
petition for an emergency hearing by an Arbitrator on the
26
issue of whether or not he is entitled to receive payment of

HB5508
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LRB104 17990 SPS 31427 b
1
such compensation or services as provided therein. Such
2
petition shall have priority over all other petitions and
3
shall be heard by the Arbitrator and Commission with all
4
convenient speed.
5

Such petition shall contain the following information and
6
shall be served on the employer at least 15 days before it is
7
filed:
8

(i) the date and approximate time of accident;
9

(ii) the approximate location of the accident;
10

(iii) a description of the accident;
11

(iv) the nature of the injury incurred by the
12

employee;
13

(v) the identity of the person, if known, to whom the
14

accident was reported and the date on which it was
15

reported;
16

(vi) the name and title of the person, if known,
17

representing the employer with whom the employee conferred
18

in any effort to obtain compensation pursuant to paragraph
19

(b) of Section 8 of this Act or medical, surgical or
20

hospital services pursuant to paragraph (a) of Section 8
21

of this Act and the date of such conference;
22

(vii) a statement that the employer has refused to pay
23

compensation pursuant to paragraph (b) of Section 8 of
24

this Act or for medical, surgical or hospital services
25

pursuant to paragraph (a) of Section 8 of this Act;
26

(viii) the name and address, if known, of each witness

HB5508
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LRB104 17990 SPS 31427 b
1

to the accident and of each other person upon whom the
2

employee will rely to support his allegations;
3

(ix) the dates of treatment related to the accident by
4

medical practitioners, and the names and addresses of such
5

practitioners, including the dates of treatment related to
6

the accident at any hospitals and the names and addresses
7

of such hospitals, and a signed authorization permitting
8

the employer to examine all medical records of all
9

practitioners and hospitals named pursuant to this
10

paragraph;
11

(x) a copy of a signed report by a medical
12

practitioner, relating to the employee's current inability
13

to return to work because of the injuries incurred as a
14

result of the accident or such other documents or
15

affidavits which show that the employee is entitled to
16

receive compensation pursuant to paragraph (b) of Section
17

8 of this Act or medical, surgical or hospital services
18

pursuant to paragraph (a) of Section 8 of this Act. Such
19

reports, documents or affidavits shall state, if possible,
20

the history of the accident given by the employee, and
21

describe the injury and medical diagnosis, the medical
22

services for such injury which the employee has received
23

and is receiving, the physical activities which the
24

employee cannot currently perform as a result of any
25

impairment or disability due to such injury, and the
26

prognosis for recovery;

HB5508
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LRB104 17990 SPS 31427 b
1

(xi) complete copies of any reports, records,
2

documents and affidavits in the possession of the employee
3

on which the employee will rely to support his
4

allegations, provided that the employer shall pay the
5

reasonable cost of reproduction thereof;
6

(xii) a list of any reports, records, documents and
7

affidavits which the employee has demanded by subpoena and
8

on which he intends to rely to support his allegations;
9

(xiii) a certification signed by the employee or his
10

representative that the employer has received the petition
11

with the required information 15 days before filing.
12

Fifteen days after receipt by the employer of the petition
13
with the required information the employee may file said
14
petition and required information and shall serve notice of
15
the filing upon the employer. The employer may file a motion
16
addressed to the sufficiency of the petition. If an objection
17
has been filed to the sufficiency of the petition, the
18
arbitrator shall rule on the objection within 2 working days.
19
If such an objection is filed, the time for filing the final
20
decision of the Commission as provided in this paragraph shall
21
be tolled until the arbitrator has determined that the
22
petition is sufficient.
23

The employer shall, within 15 days after receipt of the
24
notice that such petition is filed, file with the Commission
25
and serve on the employee or his representative a written
26
response to each claim set forth in the petition, including

HB5508
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LRB104 17990 SPS 31427 b
1
the legal and factual basis for each disputed allegation and
2
the following information: (i) complete copies of any reports,
3
records, documents and affidavits in the possession of the
4
employer on which the employer intends to rely in support of
5
his response, (ii) a list of any reports, records, documents
6
and affidavits which the employer has demanded by subpoena and
7
on which the employer intends to rely in support of his
8
response, (iii) the name and address of each witness on whom
9
the employer will rely to support his response, and (iv) the
10
names and addresses of any medical practitioners selected by
11
the employer pursuant to Section 12 of this Act and the time
12
and place of any examination scheduled to be made pursuant to
13
such Section.
14

Any employer who does not timely file and serve a written
15
response without good cause may not introduce any evidence to
16
dispute any claim of the employee but may cross examine the
17
employee or any witness brought by the employee and otherwise
18
be heard.
19

No document or other evidence not previously identified by
20
either party with the petition or written response, or by any
21
other means before the hearing, may be introduced into
22
evidence without good cause. If, at the hearing, material
23
information is discovered which was not previously disclosed,
24
the Arbitrator may extend the time for closing proof on the
25
motion of a party for a reasonable period of time which may be
26
more than 30 days. No evidence may be introduced pursuant to

HB5508
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LRB104 17990 SPS 31427 b
1
this paragraph as to permanent disability. No award may be
2
entered for permanent disability pursuant to this paragraph.
3
Either party may introduce into evidence the testimony taken
4
by deposition of any medical practitioner.
5

The Commission shall adopt rules, regulations and
6
procedures whereby the final decision of the Commission is
7
filed not later than 90 days from the date the petition for
8
review is filed but in no event later than 180 days from the
9
date the petition for an emergency hearing is filed with the
10
Illinois Workers' Compensation Commission.
11

All service required pursuant to this paragraph (b-1) must
12
be by personal service or by certified mail and with evidence
13
of receipt. In addition for the purposes of this paragraph,
14
all service on the employer must be at the premises where the
15
accident occurred if the premises are owned or operated by the
16
employer. Otherwise service must be at the employee's
17
principal place of employment by the employer. If service on
18
the employer is not possible at either of the above, then
19
service shall be at the employer's principal place of
20
business. After initial service in each case, service shall be
21
made on the employer's attorney or designated representative.
22

(c)(1) At a reasonable time in advance of and in
23
connection with the hearing under Section 19(e) or 19(h), the
24
Commission may on its own motion order an impartial physical
25
or mental examination of a petitioner whose mental or physical
26
condition is in issue, when in the Commission's discretion it

HB5508
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LRB104 17990 SPS 31427 b
1
appears that such an examination will materially aid in the
2
just determination of the case. The examination shall be made
3
by a member or members of a panel of physicians chosen for
4
their special qualifications by the Illinois State Medical
5
Society. The Commission shall establish procedures by which a
6
physician shall be selected from such list.
7

(2) Should the Commission at any time during the hearing
8
find that compelling considerations make it advisable to have
9
an examination and report at that time, the commission may in
10
its discretion so order.
11

(3) A copy of the report of examination shall be given to
12
the Commission and to the attorneys for the parties.
13

(4) Either party or the Commission may call the examining
14
physician or physicians to testify. Any physician so called
15
shall be subject to cross-examination.
16

(5) The examination shall be made, and the physician or
17
physicians, if called, shall testify, without cost to the
18
parties. The Commission shall determine the compensation and
19
the pay of the physician or physicians. The compensation for
20
this service shall not exceed the usual and customary amount
21
for such service.
22

(6) The fees and payment thereof of all attorneys and
23
physicians for services authorized by the Commission under
24
this Act shall, upon request of either the employer or the
25
employee or the beneficiary affected, be subject to the review
26
and decision of the Commission.

HB5508
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LRB104 17990 SPS 31427 b
1

(d) If any employee shall persist in insanitary or
2
injurious practices which tend to either imperil or retard his
3
recovery or shall refuse to submit to such medical, surgical,
4
or hospital treatment as is reasonably essential to promote
5
his recovery, the Commission may, in its discretion, reduce or
6
suspend the compensation of any such injured employee.
7
However, when an employer and employee so agree in writing,
8
the foregoing provision shall not be construed to authorize
9
the reduction or suspension of compensation of an employee who
10
is relying in good faith, on treatment by prayer or spiritual
11
means alone, in accordance with the tenets and practice of a
12
recognized church or religious denomination, by a duly
13
accredited practitioner thereof.
14

(e) This paragraph shall apply to all hearings before the
15
Commission. Such hearings may be held in its office or
16
elsewhere as the Commission may deem advisable. The taking of
17
testimony on such hearings may be had before any member of the
18
Commission. If a petition for review and agreed statement of
19
facts or transcript of evidence is filed, as provided herein,
20
the Commission shall promptly review the decision of the
21
Arbitrator and all questions of law or fact which appear from
22
the statement of facts or transcript of evidence.
23

In all cases in which the hearing before the arbitrator is
24
held after December 18, 1989, no additional evidence shall be
25
introduced by the parties before the Commission on review of
26
the decision of the Arbitrator. In reviewing decisions of an

HB5508
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LRB104 17990 SPS 31427 b
1
arbitrator the Commission shall award such temporary
2
compensation, permanent compensation and other payments as are
3
due under this Act. The Commission shall file in its office its
4
decision thereon, and shall immediately send to each party or
5
his attorney a copy of such decision and a notification of the
6
time when it was filed. Decisions shall be filed within 60 days
7
after the Statement of Exceptions and Supporting Brief and
8
Response thereto are required to be filed or oral argument
9
whichever is later.
10

In the event either party requests oral argument, such
11
argument shall be had before a panel of 3 members of the
12
Commission (or before all available members pursuant to the
13
determination of 7 members of the Commission that such
14
argument be held before all available members of the
15
Commission) pursuant to the rules and regulations of the
16
Commission. A panel of 3 members, which shall be comprised of
17
not more than one representative citizen of the employing
18
class and not more than one representative from a labor
19
organization recognized under the National Labor Relations Act
20
or an attorney who has represented labor organizations or has
21
represented employees in workers' compensation cases, shall
22
hear the argument; provided that if all the issues in dispute
23
are solely the nature and extent of the permanent partial
24
disability, if any, a majority of the panel may deny the
25
request for such argument and such argument shall not be held;
26
and provided further that 7 members of the Commission may

HB5508
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LRB104 17990 SPS 31427 b
1
determine that the argument be held before all available
2
members of the Commission. A decision of the Commission shall
3
be approved by a majority of Commissioners present at such
4
hearing if any; provided, if no such hearing is held, a
5
decision of the Commission shall be approved by a majority of a
6
panel of 3 members of the Commission as described in this
7
Section. The Commission shall give 10 days' notice to the
8
parties or their attorneys of the time and place of such taking
9
of testimony and of such argument.
10

In any case the Commission in its decision may find
11
specially upon any question or questions of law or fact which
12
shall be submitted in writing by either party whether ultimate
13
or otherwise; provided that on issues other than nature and
14
extent of the disability, if any, the Commission in its
15
decision shall find specially upon any question or questions
16
of law or fact, whether ultimate or otherwise, which are
17
submitted in writing by either party; provided further that
18
not more than 5 such questions may be submitted by either
19
party. Any party may, within 20 days after receipt of notice of
20
the Commission's decision, or within such further time, not
21
exceeding 30 days, as the Commission may grant, file with the
22
Commission either an agreed statement of the facts appearing
23
upon the hearing, or, if such party shall so elect, a correct
24
transcript of evidence of the additional proceedings presented
25
before the Commission, in which report the party may embody a
26
correct statement of such other proceedings in the case as

HB5508
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LRB104 17990 SPS 31427 b
1
such party may desire to have reviewed, such statement of
2
facts or transcript of evidence to be authenticated by the
3
signature of the parties or their attorneys, and in the event
4
that they do not agree, then the authentication of such
5
transcript of evidence shall be by the signature of any member
6
of the Commission.
7

If a reporter does not for any reason furnish a transcript
8
of the proceedings before the Arbitrator in any case for use on
9
a hearing for review before the Commission, within the
10
limitations of time as fixed in this Section, the Commission
11
may, in its discretion, order a trial de novo before the
12
Commission in such case upon application of either party. The
13
applications for adjustment of claim and other documents in
14
the nature of pleadings filed by either party, together with
15
the decisions of the Arbitrator and of the Commission and the
16
statement of facts or transcript of evidence hereinbefore
17
provided for in paragraphs (b) and (c) shall be the record of
18
the proceedings of the Commission, and shall be subject to
19
review as hereinafter provided.
20

At the request of either party or on its own motion, the
21
Commission shall set forth in writing the reasons for the
22
decision, including findings of fact and conclusions of law
23
separately stated. The Commission shall by rule adopt a format
24
for written decisions for the Commission and arbitrators. The
25
written decisions shall be concise and shall succinctly state
26
the facts and reasons for the decision. The Commission may

HB5508
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LRB104 17990 SPS 31427 b
1
adopt in whole or in part, the decision of the arbitrator as
2
the decision of the Commission. When the Commission does so
3
adopt the decision of the arbitrator, it shall do so by order.
4
Whenever the Commission adopts part of the arbitrator's
5
decision, but not all, it shall include in the order the
6
reasons for not adopting all of the arbitrator's decision.
7
When a majority of a panel, after deliberation, has arrived at
8
its decision, the decision shall be filed as provided in this
9
Section without unnecessary delay, and without regard to the
10
fact that a member of the panel has expressed an intention to
11
dissent. Any member of the panel may file a dissent. Any
12
dissent shall be filed no later than 10 days after the decision
13
of the majority has been filed.
14

Decisions rendered by the Commission and dissents, if any,
15
shall be published together by the Commission. The conclusions
16
of law set out in such decisions shall be regarded as
17
precedents by arbitrators for the purpose of achieving a more
18
uniform administration of this Act.
19

(f) The decision of the Commission acting within its
20
powers, according to the provisions of paragraph (d) of
21
Section 4 and paragraph (e) of this Section shall, in the
22
absence of fraud, be conclusive unless reviewed as in this
23
paragraph hereinafter provided. However, the Arbitrator or the
24
Commission may on his or its own motion, or on the motion of
25
either party, correct any clerical error or errors in
26
computation within 15 days after the date of receipt of any

HB5508
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LRB104 17990 SPS 31427 b
1
award by such Arbitrator or any decision on review of the
2
Commission and shall have the power to recall the original
3
award on arbitration or decision on review, and issue in lieu
4
thereof such corrected award or decision. Where such
5
correction is made the time for review herein specified shall
6
begin to run from the date of the receipt of the corrected
7
award or decision.
8

(1) Except in cases of claims against the State of
9

Illinois other than those claims under Section 18.1, in
10

which case the decision of the Commission shall not be
11

subject to judicial review, the Circuit Court of the
12

county where any of the parties defendant may be found, or
13

if none of the parties defendant can be found in this State
14

then the Circuit Court of the county where the accident
15

occurred, shall by summons to the Commission have power to
16

review all questions of law and fact presented by such
17

record.
18

A proceeding for review shall be commenced within 20
19

days of the receipt of notice of the decision of the
20

Commission. The summons shall be issued by the clerk of
21

such court upon written request returnable on a designated
22

return day, not less than 10 or more than 60 days from the
23

date of issuance thereof, and the written request shall
24

contain the last known address of other parties in
25

interest and their attorneys of record who are to be
26

served by summons. Service upon any member of the

HB5508
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LRB104 17990 SPS 31427 b
1

Commission or the Secretary or the Assistant Secretary
2

thereof shall be service upon the Commission, and service
3

upon other parties in interest and their attorneys of
4

record shall be by summons, and such service shall be made
5

upon the Commission and other parties in interest by
6

mailing notices of the commencement of the proceedings and
7

the return day of the summons to the office of the
8

Commission and to the last known place of residence of
9

other parties in interest or their attorney or attorneys
10

of record. The clerk of the court issuing the summons
11

shall on the day of issue mail notice of the commencement
12

of the proceedings which shall be done by mailing a copy of
13

the summons to the office of the Commission, and a copy of
14

the summons to the other parties in interest or their
15

attorney or attorneys of record and the clerk of the court
16

shall make certificate that he has so sent said notices in
17

pursuance of this Section, which shall be evidence of
18

service on the Commission and other parties in interest.
19

The Commission shall not be required to certify the
20

record of their proceedings to the Circuit Court, unless
21

the party commencing the proceedings for review in the
22

Circuit Court as above provided, shall file with the
23

Commission notice of intent to file for review in Circuit
24

Court. It shall be the duty of the Commission upon such
25

filing of notice of intent to file for review in the
26

Circuit Court to prepare a true and correct copy of such

HB5508
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LRB104 17990 SPS 31427 b
1

testimony and a true and correct copy of all other matters
2

contained in such record and certified to by the Secretary
3

or Assistant Secretary thereof. The changes made to this
4

subdivision (f)(1) by this amendatory Act of the 98th
5

General Assembly apply to any Commission decision entered
6

after the effective date of this amendatory Act of the
7

98th General Assembly.
8

No request for a summons may be filed and no summons
9

shall issue unless the party seeking to review the
10

decision of the Commission shall exhibit to the clerk of
11

the Circuit Court proof of filing with the Commission of
12

the notice of the intent to file for review in the Circuit
13

Court or an affidavit of the attorney setting forth that
14

notice of intent to file for review in the Circuit Court
15

has been given in writing to the Secretary or Assistant
16

Secretary of the Commission.
17

(2) No such summons shall issue unless the one against
18

whom the Commission shall have rendered an award for the
19

payment of money shall upon the filing of his written
20

request for such summons file with the clerk of the court a
21

bond conditioned that if he shall not successfully
22

prosecute the review, he will pay the award and the costs
23

of the proceedings in the courts. The amount of the bond
24

shall be fixed by any member of the Commission and the
25

surety or sureties of the bond shall be approved by the
26

clerk of the court. The acceptance of the bond by the clerk

HB5508
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LRB104 17990 SPS 31427 b
1

of the court shall constitute evidence of his approval of
2

the bond.
3

The following shall not be required to file a bond to
4

secure the payment of the award and the costs of the
5

proceedings in the court to authorize the court to issue
6

such summons:
7

(1) the State Treasurer, for a fund administered
8

by the State Treasurer ex officio against whom the
9

Commission shall have rendered an award for the
10

payment of money; and
11

(2) a county, city, town, township, incorporated
12

village, school district, body politic, or municipal
13

corporation against whom the Commission shall have
14

rendered an award for the payment of money.
15

The court may confirm or set aside the decision of the
16

Commission. If the decision is set aside and the facts
17

found in the proceedings before the Commission are
18

sufficient, the court may enter such decision as is
19

justified by law, or may remand the cause to the
20

Commission for further proceedings and may state the
21

questions requiring further hearing, and give such other
22

instructions as may be proper. If the court affirms the
23

Commission's decision imposing fines on the employer under
24

subsection (d) of Section 4, the court shall enter
25

judgment against the employer in the amount of the fines
26

assessed by the Commission. Appeals shall be taken to the

HB5508
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LRB104 17990 SPS 31427 b
1

Appellate Court in accordance with Supreme Court Rules
2

22(g) and 303. Appeals shall be taken from the Appellate
3

Court to the Supreme Court in accordance with Supreme
4

Court Rule 315.
5

It shall be the duty of the clerk of any court
6

rendering a decision affecting or affirming an award of
7

the Commission to promptly furnish the Commission with a
8

copy of such decision, without charge.
9

The decision of a majority of the members of the panel
10

of the Commission, shall be considered the decision of the
11

Commission.
12

(g) Except in the case of a claim against the State of
13
Illinois, either party may present a certified copy of the
14
award of the Arbitrator, or a certified copy of the decision of
15
the Commission when the same has become final, when no
16
proceedings for review are pending, providing for the payment
17
of compensation according to this Act, to the Circuit Court of
18
the county in which such accident occurred or either of the
19
parties are residents, whereupon the court shall enter a
20
judgment in accordance therewith. In a case where the employer
21
refuses to pay compensation according to such final award or
22
such final decision upon which such judgment is entered the
23
court shall in entering judgment thereon, tax as costs against
24
him the reasonable costs and attorney fees in the arbitration
25
proceedings and in the court entering the judgment for the
26
person in whose favor the judgment is entered, which judgment

HB5508
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LRB104 17990 SPS 31427 b
1
and costs taxed as therein provided shall, until and unless
2
set aside, have the same effect as though duly entered in an
3
action duly tried and determined by the court, and shall with
4
like effect, be entered and docketed. The Circuit Court shall
5
have power at any time upon application to make any such
6
judgment conform to any modification required by any
7
subsequent decision of the Supreme Court upon appeal, or as
8
the result of any subsequent proceedings for review, as
9
provided in this Act.
10

Judgment shall not be entered until 15 days' notice of the
11
time and place of the application for the entry of judgment
12
shall be served upon the employer by filing such notice with
13
the Commission, which Commission shall, in case it has on file
14
the address of the employer or the name and address of its
15
agent upon whom notices may be served, immediately send a copy
16
of the notice to the employer or such designated agent.
17

(h) An agreement or award under this Act providing for
18
compensation in installments, may at any time within 18 months
19
after such agreement or award be reviewed by the Commission at
20
the request of either the employer or the employee, on the
21
ground that the disability of the employee has subsequently
22
recurred, increased, diminished or ended.
23

However, as to accidents occurring subsequent to July 1,
24
1955, which are covered by any agreement or award under this
25
Act providing for compensation in installments made as a
26
result of such accident, such agreement or award may at any

HB5508
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LRB104 17990 SPS 31427 b
1
time within 30 months, or 60 months in the case of an award
2
under Section 8(d)1, after such agreement or award be reviewed
3
by the Commission at the request of either the employer or the
4
employee on the ground that the disability of the employee has
5
subsequently recurred, increased, diminished or ended.
6

On such review, compensation payments may be
7
re-established, increased, diminished or ended. The Commission
8
shall give 15 days' notice to the parties of the hearing for
9
review. Any employee, upon any petition for such review being
10
filed by the employer, shall be entitled to one day's notice
11
for each 100 miles necessary to be traveled by him in attending
12
the hearing of the Commission upon the petition, and 3 days in
13
addition thereto. Such employee shall, at the discretion of
14
the Commission, also be entitled to 5 cents per mile
15
necessarily traveled by him within the State of Illinois in
16
attending such hearing, not to exceed a distance of 300 miles,
17
to be taxed by the Commission as costs and deposited with the
18
petition of the employer.
19

When compensation which is payable in accordance with an
20
award or settlement contract approved by the Commission, is
21
ordered paid in a lump sum by the Commission, no review shall
22
be had as in this paragraph mentioned.
23

(i) Each party, upon taking any proceedings or steps
24
whatsoever before any Arbitrator, Commission or court, shall
25
file with the Commission his address, or the name and address
26
of any agent upon whom all notices to be given to such party

HB5508
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LRB104 17990 SPS 31427 b
1
shall be served, either personally or by registered mail,
2
addressed to such party or agent at the last address so filed
3
with the Commission. In the event such party has not filed his
4
address, or the name and address of an agent as above provided,
5
service of any notice may be had by filing such notice with the
6
Commission.
7

(j) Whenever in any proceeding testimony has been taken or
8
a final decision has been rendered and after the taking of such
9
testimony or after such decision has become final, the injured
10
employee dies, then in any subsequent proceedings brought by
11
the personal representative or beneficiaries of the deceased
12
employee, such testimony in the former proceeding may be
13
introduced with the same force and effect as though the
14
witness having so testified were present in person in such
15
subsequent proceedings and such final decision, if any, shall
16
be taken as final adjudication of any of the issues which are
17
the same in both proceedings.
18

(k) In case where there has been any unreasonable or
19
vexatious delay of payment or intentional underpayment of
20
compensation, or proceedings have been instituted or carried
21
on by the one liable to pay the compensation, which do not
22
present a real controversy, but are merely frivolous or for
23
delay, then the Commission may award compensation additional
24
to that otherwise payable under this Act equal to 50% of the
25
amount payable at the time of such award. Failure to pay
26
compensation in accordance with the provisions of Section 8,

HB5508
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LRB104 17990 SPS 31427 b
1
paragraph (b) of this Act, shall be considered unreasonable
2
delay.
3

When determining whether this subsection (k) shall apply,
4
the Commission shall consider whether an Arbitrator has
5
determined that the claim is not compensable or whether the
6
employer has made payments under Section 8(j).
7

(l) If the employee has made written demand for payment of
8
benefits under Section 8(a) or Section 8(b), the employer
9
shall have 14 days after receipt of the demand to set forth in
10
writing the reason for the delay. In the case of demand for
11
payment of medical benefits under Section 8(a), the time for
12
the employer to respond shall not commence until the
13
expiration of the allotted 30 days specified under Section
14
8.2(d). In case the employer or his or her insurance carrier
15
shall without good and just cause fail, neglect, refuse, or
16
unreasonably delay the payment of benefits under Section 8(a)
17
or Section 8(b), the Arbitrator or the Commission shall allow
18
to the employee additional compensation in the sum of $30 per
19
day for each day that the benefits under Section 8(a) or
20
Section 8(b) have been so withheld or refused, not to exceed
21
$10,000. A delay in payment of 14 days or more shall create a
22
rebuttable presumption of unreasonable delay.
23

(m) If the commission finds that an accidental injury was
24
directly and proximately caused by the employer's wilful
25
violation of a health and safety standard under the Health and
26
Safety Act or the Occupational Safety and Health Act in force

HB5508
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LRB104 17990 SPS 31427 b
1
at the time of the accident, the arbitrator or the Commission
2
shall allow to the injured employee or his dependents, as the
3
case may be, additional compensation equal to 25% of the
4
amount which otherwise would be payable under the provisions
5
of this Act exclusive of this paragraph. The additional
6
compensation herein provided shall be allowed by an
7
appropriate increase in the applicable weekly compensation
8
rate.
9

(n)
Except as provided in subsection (n-5), after

After

10
June 30, 1984, decisions of the Illinois Workers' Compensation
11
Commission reviewing an award of an arbitrator of the
12
Commission shall draw interest at a rate equal to the yield on
13
indebtedness issued by the United States Government with a
14
26-week maturity next previously auctioned on the day on which
15
the decision is filed. Said rate of interest shall be set forth
16
in the Arbitrator's Decision. Interest shall be drawn from the
17
date of the arbitrator's award on all accrued compensation due
18
the employee through the day prior to the date of payments.
19
However, when an employee appeals an award of an Arbitrator or
20
the Commission, and the appeal results in no change or a
21
decrease in the award, interest shall not further accrue from
22
the date of such appeal.
23

The employer or his insurance carrier may tender the
24
payments due under the award to stop the further accrual of
25
interest on such award notwithstanding the prosecution by
26
either party of review, certiorari, appeal to the Supreme

HB5508
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LRB104 17990 SPS 31427 b
1
Court or other steps to reverse, vacate or modify the award.
2

(n-5) On and after July 1, 2026, if a public employer files
3
a petition to review an award of an arbitrator of the
4
Commission, the award shall draw interest, retroactive to the
5
date of the injury, at a rate equal to 10% or at a rate equal
6
to the yield on indebtedness issued by the United States
7
Government with a 26-week maturity next previously auctioned
8
on the date of the injury on the day on which the decision is
9
filed, whichever is greater. The rate of interest shall be set
10
forth in the Arbitrator's Decision. Interest shall be drawn
11
from the date of the injury on all accrued compensation due the
12
employee through the day prior to the date of payments.
13

The public employer or the public employer's insurance
14
carrier may tender the payments due under the award to stop the
15
further accrual of interest on the award notwithstanding the
16
prosecution by either party of review, certiorari, appeal to
17
the Supreme Court, or other steps to reverse, vacate, or
18
modify the award.
19

This subsection applies to all cases in which a petition
20
for review filed by a public employer is pending on July 1,
21
2026.

22

As used in this subsection, "public employer" means the
23
State, unit of local government, or school district, or any
24
agency or instrumentality thereof.
25

(o) By the 15th day of each month each insurer providing
26
coverage for losses under this Act shall notify each insured

HB5508
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LRB104 17990 SPS 31427 b
1
employer of any compensable claim incurred during the
2
preceding month and the amounts paid or reserved on the claim
3
including a summary of the claim and a brief statement of the
4
reasons for compensability. A cumulative report of all claims
5
incurred during a calendar year or continued from the previous
6
year shall be furnished to the insured employer by the insurer
7
within 30 days after the end of that calendar year.
8

The insured employer may challenge, in proceeding before
9
the Commission, payments made by the insurer without
10
arbitration and payments made after a case is determined to be
11
noncompensable. If the Commission finds that the case was not
12
compensable, the insurer shall purge its records as to that
13
employer of any loss or expense associated with the claim,
14
reimburse the employer for attorneys' fees arising from the
15
challenge and for any payment required of the employer to the
16
Rate Adjustment Fund or the Second Injury Fund, and may not
17
reflect the loss or expense for rate making purposes. The
18
employee shall not be required to refund the challenged
19
payment. The decision of the Commission may be reviewed in the
20
same manner as in arbitrated cases. No challenge may be
21
initiated under this paragraph more than 3 years after the
22
payment is made. An employer may waive the right of challenge
23
under this paragraph on a case by case basis.
24

(p) After filing an application for adjustment of claim
25
but prior to the hearing on arbitration the parties may
26
voluntarily agree to submit such application for adjustment of

HB5508
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LRB104 17990 SPS 31427 b
1
claim for decision by an arbitrator under this subsection (p)
2
where such application for adjustment of claim raises only a
3
dispute over temporary total disability, permanent partial
4
disability or medical expenses. Such agreement shall be in
5
writing in such form as provided by the Commission.
6
Applications for adjustment of claim submitted for decision by
7
an arbitrator under this subsection (p) shall proceed
8
according to rule as established by the Commission. The
9
Commission shall promulgate rules including, but not limited
10
to, rules to ensure that the parties are adequately informed
11
of their rights under this subsection (p) and of the voluntary
12
nature of proceedings under this subsection (p). The findings
13
of fact made by an arbitrator acting within his or her powers
14
under this subsection (p) in the absence of fraud shall be
15
conclusive. However, the arbitrator may on his own motion, or
16
the motion of either party, correct any clerical errors or
17
errors in computation within 15 days after the date of receipt
18
of such award of the arbitrator and shall have the power to
19
recall the original award on arbitration, and issue in lieu
20
thereof such corrected award. The decision of the arbitrator
21
under this subsection (p) shall be considered the decision of
22
the Commission and proceedings for review of questions of law
23
arising from the decision may be commenced by either party
24
pursuant to subsection (f) of Section 19. The Advisory Board
25
established under Section 13.1 shall compile a list of
26
certified Commission arbitrators, each of whom shall be

HB5508
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LRB104 17990 SPS 31427 b
1
approved by at least 7 members of the Advisory Board. The
2
chairman shall select 5 persons from such list to serve as
3
arbitrators under this subsection (p). By agreement, the
4
parties shall select one arbitrator from among the 5 persons
5
selected by the chairman except that if the parties do not
6
agree on an arbitrator from among the 5 persons, the parties
7
may, by agreement, select an arbitrator of the American
8
Arbitration Association, whose fee shall be paid by the State
9
in accordance with rules promulgated by the Commission.
10
Arbitration under this subsection (p) shall be voluntary.
11
(Source: P.A. 102-775, eff. 5-13-22; 103-590, eff. 6-5-24.)

12

Section 99.
Effective date.
This Act takes effect July 1,
13
2026.

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