Not Admission Compensation Only When within control Compensation Increase of Percentage Weekly Increase for Two Three Four or More Maximum One Child Two Three the injury, or if this shall not be feasible, then the 2. Provided, that any payments of compensation 3. Provided, further, that all compensation payments named and provided for in paragraphs (b), (c), (d), (e) and (f) of this section, shall mean and be defined to be for injuries and only such injuries as are proven by competent evidence, of which there are or have been objective conditions or symptoms proven, not within the physical or mental control of the injured employee himself. (j) 1. Wherever in this section there is a provision for fifty percentum, such percentum shall be increased five percentum for each child of the employee, including children who have been legally adopted, under 16 years of age at the time of the injury to the employee until such percentum shall reach a maximum of sixty-five percentum. 2. Wherever in this section a weekly minimum of $7.50 is provided, such minimum shall be increased in the following cases to the following amounts: $11.00 in case of an employee having one child under the age of 16 years at the time of the injury to the employee; $12.00 in case of an employee having two children under the age of 16 years at the time of the injury to the employee; $13.00 in case of an employee having three children under the age of 16 years at the time of the injury to the employee; $14.00 in case of an employee having four or more children under the age of 16 years at the time of the injury to the employee. 3. Wherever in this section a weekly maximum of $14.00 is provided, such maximum shall be increased in the following cases to the following amount: $15.00 in case of an employee with one child under the age of 16 years at the time of the injury to the employee. $16.00 in case of an employee with two children under the age of 16 years at the time of the injury to the employee. $18.00 in case of an employee with three children under the age of 16 years at the time of the injury to the employee. 1 $19.00 in case of an employee with four or more children under the ae of 16 years at the time of the injury to the employee. [Amended by Act approved May 25, 1925. 89 WHERE PAYMENT IN LUMP SUM DESIRED.] Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof. paid in a lump sum, may petition the industrial board asking that such compensation be so paid, and if, upon proper notice to the interested parties and a proper showing made before such board, it appears to the interest of the parties that such compensation be so paid, the board may order the commutation of the compensation to an equivalent lump sum, which commutation shall be an amount which will equal the total sum of the probably future payments capitalized at their present value upon the basis of interest calculated at three per centum per annum with annual rests: Provided, that in cases indicating complete disability no petition for a commutation to a lump sum basis shall be entertained by the industrial board until after the expiration of six months from the date of the injury, and where necessary, upon proper application being made, a guardian, conservator or administrator, as the case may be, may be appointed for any person under disability who may be entitled to any such compensation, and an employer bound by the terms of this Act and liable to pay such compensation, may petition for the appointment of the public administrator, or a conservator, or guardian, where no legal representative has been appointed or is acting for such party or parties so under disability. Either party may reject an award of a lump sum payment of compensation, except an award for compensation under section 7 or paragraph (e) of section 8 or for the injuries defined in the last paragraph of paragraph (e) of section 8 as constituting total and permanent disability, by filing his written rejection thereof with the said board within ten days after notice to him of the award, in which event compensation shall be payable in installments as herein provided. [As amended by Act approved June 28, 1915 in force July 1, 1915. § 10. BASIS FOR COMPUTING COMPENSATION.] The basis for computing the compensation provided for in sections 7 and 8 of the Act shall be as follows: (a) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages or earnings if in the Four or More Compensation Lump Sum Notice Commutation Complete Conservator or Award Compensation Annual Basis Employment Employment Basis Employment Annual Earnings 300x Employment Employee Earning Day's Work as Compensation employment of the same employer continuously during the year next preceding the injury. (b) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (c) If the injured person has not been engaged in the employment of the same employer for the full year immediately preceding the accident, the compensation shall be computed according to the annual earnings which persons of the same class in the same employment and same location, (or if that be impracticable, of neighboring employments of the same kind) have earned during such period. (d) As to employees in employments in which it is the custom to operate throughout the working days of the year, the annual earnings, if not otherwise determinable, shall be regarded as 300 times the average daily earnings in such computation. (e) As to employees in employments in which it is the custom to operate for a part of the whole num-ber of working days in each year, such number, if the annual earnings are not otherwise determinable, shall be used instead of 300 as a basis for computing the annual earnings: Provided, the minimum number of days which shall be so used for the basis of the year's work shall not be less than 200. (f) In the case of injured employees who earn either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the yearly wage shall be reckoned according to the average annual earning of adults of the same class in the same (or if that is impracticable then of neighboring) employments. (g) Earnings, for the purpose of this section, shall be based on the earnings for the number of hours commonly regarded as a day's work for that employment, and shall exclude overtime earnings. The earnings shall not include any sum which the employer has been accustomed to pay the employee to cover any special expense entailed on him by the nature of his employment. (h) In computing the compensation to be paid to any employee, who, before the accident for which he claims compensation, was disabled and drawing compensation under the terms of this Act, the compensation for each subsequent injury shall be portioned according to the proportion of incapacity ap and disability caused by the respective injuries which he may have suffered. (i) To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant hereto, and such amount divided by the number of installment periods per annum. § 11. COMPENSATION MEASURE OF RESPONSIBILITY EMPLOYER ASSUMED UNDER ACT.] The compensation herein provided, together with the provisions of this Act shall be the measure of the responsibility of any employer engaged in any of the enterprises or businesses enumerated in section three (3) of this Act, or of any employer who is not engaged in any such enterprises or businesses, but who has elected to provide and pay compensation for accidental injuries sustained by any employee arising out of and in the course of the employment according to the provision of this Act, and whose election to continue under this Act, has not been nullified by any action of his employees as provided for in this Act. [Amended by Act approved June 25, 1917. § 12. INJURED EMPLOYEE MUST SUBMIT TO EXAMINATION.] An employee entitled to receive disability payments shall be required, if requested by the employer, to submit himself, at the expense of the employer, for examination to a duly qualified medical practitioner or surgeon selected by the employer, at any time and place reasonably convenient for the employee, for the purpose of determining the nature, extent and probable duration of the injury received by the employee, and for the purpose of ascertaining the amount of compensation which may be due the employee from time to time for disability according to the provisions of this Act: Provided, however, that such examination shall be made in the presence of a duly qualified medical practitioner or surgeon provided and paid for by the employee, if such employee so desires: Provided. further, that such examination shall not be made on the day of the hearing. In all cases where the examination is made by a surgeon engaged by the employer, and the injured employee has no surgeon present at such examination, it shall be the duty of the surgeon making the examination at the instance of the employer to deliver to the injured employee, or his representative, a statement in writing of the condition and extent of the injury to the same extent that said surgeon reports to the employer. If the employee refuses so to submit himself to examination or unnecessarily obstructs the same, his right to compensation payments shall be Compensation Employer Employee Time and Medical No Examination Day of Hearing Report Examination Surgeon's Duty Industrial Board Created Industrial Code Salaries temporarily suspended until such examination shall have taken place, and no compensation shall be payable under this Act for such period. It shall be the duty of surgeons treating an injured employee who is likely to die, and treating him at the instance of the employer. to have called in another surgeon to be designated and paid for by either the injured employee or by the person or persons who would become his beneficiary or beneficiaries, to make an examination before the death of such injured employee. [Amended by Act approved May 25, 1925. § 13. INDUSTRIAL BOARD CREATED-APPOINTMENT -TERM OF OFFICE.] (a) There is hereby created a board which shall be known as the industrial board to consist of five members to be appointed by the Governor, by and with the consent of the Senate, two of whom shall be representative citizens of the employing class operating under this Act and two of whom shall be representative citizens of the class of employees operating under this Act, and one of whom shall be a representative citizen not identified with either the employing or employee classes and who shall be designated by the Governor as chairman. Appointment of members to places on the first board or to fill vacancies on said board may be made during recesses of the Senate, but shall be subject to confirmation by the Senate at the next ensuing session of the Legislature. (b) When there shall become effective the Act known as "The Civil Administrative Code of Illinois," being an Act entitled "An Act in relation to the civil administration of the State government," there shall thereupon be vested in the industrial commission and the industrial officers thereof by said Act created, all of the powers and duties vested in the industrial board by the Workmen's Compensation Act, and thereupon wherever in the Workmen's Compensation Act reference shall be made to the industrial board, the board or to any member thereof, it shall be construed as referring and shall apply to the said industrial commission, the said commission, and any industrial officer thereof, respectively. [Amended by Act approved June 25, 1917. § 14. SALARY-SECRETARY-CLERKS-SEAL.] The salary of each of the members of the commission appointed by the Governor shall be six thousand dollars ($6,000.00) per year, except that the salary of the chairman shall be seven thousand five hundred dollars ($7,500.00) per year. The commission shall appoint a secretary, whose salary shall be five thousand dollars |