SB 632 — WORKER COMP-SMALLPOX VACCINE

093_SB0632SB632 Engrossed LRB093 10674 WGH 11299 b AN ACT concerning workplace health.

_n_____________________a______________________s_____________ _____i_____________________o______________________o__________________i_____________________n______________________t_____________ _______v___________________i______________________t__________________p_____________________e______________________e_____________ SB632 Engrossed -2- LRB093 10674 WGH 11299 b _____n_____________________c_______________________g_________________t_____________________o_______________________t____________ _____a_____________________n______________________o__________________r_____________________c______________________n_____________ _____e_____________________n______________________,__________________p_______________________o_______________________w__________ _____o______________________e______________________a_________________n_____________________c______________________n_____________ _____i_____________________l______________________e__________________r_____________________s______________________i_____________ __________c____________________e______________________m_____________ _____f_____________________f______________________u_____________ _____A_____________________A______________________l_____________ _____r_____________________w______________________c_______ (Source:

The Workers' Occupational Diseases Act is amended by changing Section 1 as follows:

Where an employer operating under and subject to the provisions of this Act loans an employee to another such employer and such loaned employee sustains a compensable occupational disease in the employment of such borrowing employer and where such borrowing employer does not provide or pay the benefits or payments due such employee, such loaning employer shall be liable to provide or pay all SB632 Engrossed -3- LRB093 10674 WGH 11299 b benefits or payments due such employee under this Act and as to such employee the liability of such loaning and borrowing employers shall be joint and several, provided that such -3- LRB093 10674 WGH 11299 b loaning employer shall in the absence of agreement to the contrary be entitled to receive from such borrowing employer full reimbursement for all sums paid or incurred pursuant to this paragraph together with reasonable attorneys' fees and expenses in any hearings before the Industrial Commission or in any action to secure such reimbursement.

SB632 Engrossed -4- LRB093 10674 WGH 11299 b (b) The term "employee" as used in this Act, shall be construed to mean:

Every person in the service of the State, county, -4- LRB093 10674 WGH 11299 b city, town, township, incorporated village or school district, body politic or municipal corporation therein, whether by election, appointment or contract of hire, express or implied, oral or written, including any official of the State, or of any county, city, town, township, incorporated village, school district, body politic or municipal corporation therein and except any duly appointed member of the fire department in any city whose population exceeds 500,000 according to the last Federal or State census, and except any member of a fire insurance patrol maintained by a board of underwriters in this State.

An employee SB632 Engrossed -5- LRB093 10674 WGH 11299 b or his or her dependents under this Act who shall have a cause of action by reason of an occupational disease, disablement or death arising out of and in the course of his -5- LRB093 10674 WGH 11299 b or her employment may elect or pursue his or her remedy in the State where the disease was contracted, or in the State where the contract of hire is made, or in the State where the employment is principally localized.

provided however, that in a claim of exposure to atomic radiation, the fact of such exposure must be verified by the records of the central registry of radiation exposure maintained by the Department of Public Health or by some other recognized governmental agency maintaining records of SB632 Engrossed -6- LRB093 10674 WGH 11299 b such exposures whenever and to the extent that the records are on file with the Department of Public Health or the agency.

-6-_n_____________________h______________________s_____________ LRB093_____i_____________________n______________________t_____________ 10674_____p_____________________e______________________e_____________ WGH_____t_____________________o_______________________t____________ 11299_____r_____________________c______________________n_____________ b_____p_______________________o_______________________w__________ _n_____________________f______________________n__________________n_____________________c______________________n_____________ _____i_____________________p______________________l__________________r_____________________s______________________i_____________ _____v______________________p_____________________o___________________c____________________e______________________m_____________ _____n_____________________i_______________________g_________________f_____________________f______________________u_____________ _____a_____________________f________________________w________________A_____________________A______________________l_____________ ______e____________________o______________________a__________________r_____________________w______________________c_______ _____o______________________e______________________a____________ _____n_____________________y________________________u___________ ____ The employer liable for the compensation in this Act provided shall be the employer in whose employment the employee was last exposed to the hazard of the occupational disease claimed upon regardless of the length of time of such last exposure, except, in cases of silicosis or asbestosis, the only employer liable shall be the last employer in whose employment the employee was last exposed during a period of 60 days or more after the effective date of this Act, to the hazard of such occupational disease, and, in such cases, an exposure during a period of less than 60 days, after the effective date of this Act, shall not be deemed a last exposure.

If a deceased miner was employed for 10 years or more in one or more coal mines and died from a respirable disease there shall, effective July 1, 1973, be a rebuttable SB632 Engrossed -7- LRB093 10674 WGH 11299 b presumption that his or her death was due to pneumoconiosis.

(e) "Disablement" means an impairment or partial -7- LRB093 10674 WGH 11299 b impairment, temporary or permanent, in the function of the body or any of the members of the body, or the event of becoming disabled from earning full wages at the work in which the employee was engaged when last exposed to the hazards of the occupational disease by the employer from whom he or she claims compensation, or equal wages in other suitable employment;