ILCS » Chapter 820 · Act 305
Illinois Compiled Statutes

820 ILCS 305/8.1b (2026)

Determination of permanent partial disability

✓ current as of May 2026
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(820 ILCS 305/8.1b)
    Sec. 8.1b. Determination of permanent partial disability. For accidental injuries that occur on or after September 1, 2011, permanent partial disability shall be established using the following criteria:
    (a) A physician licensed to practice medicine in all of its branches preparing a permanent partial disability impairment report shall report the level of impairment in writing. The report shall include an evaluation of medically defined and professionally appropriate measurements of impairment that include, but are not limited to: loss of range of motion; loss of strength; measured atrophy of tissue mass consistent with the injury; and any other measurements that establish the nature and extent of the impairment. The most current edition of the American Medical Association's "Guides to the Evaluation of Permanent Impairment" shall be used by the physician in determining the level of impairment.
    (b) In determining the level of permanent partial disability, the Commission shall base its determination on the following factors: (i) the reported level of impairment pursuant to subsection (a); (ii) the occupation of the injured employee; (iii) the age of the employee at the time of the injury; (iv) the employee's future earning capacity; and (v) evidence of disability corroborated by the treating medical records. No single enumerated factor shall be the sole determinant of disability. In determining the level of disability, the relevance and weight of any factors used in addition to the level of impairment as reported by the physician must be explained in a written order.
(Source: P.A. 97-18, eff. 6-28-11.)

    
Notes of Decisions
Cited in 10 cases, 2015–2020 · leading case: Flexible Staffing Servs. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 151300WC (Ill. App. Ct. 2017).
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Flexible Staffing Servs. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 151300WC (Ill. App. Ct. 2017). · cites it 6× “1b of the Act (820 ILCS 305/8.1b (West 2012)), determined that claimant had suffered 30% loss of use of his right arm.”
Con-Way Freight, Inc. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 152576WC (Ill. App. Ct. 2017). · cites it 4× “1b of the Act (820 ILCS 305/8.1b (West 2012)), Dr. Levin offered an impairment rating based on the American Medical Association (AMA) Guides.”
Con-Way Freight, Inc. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 152576WC (Ill. App. Ct. 2016). · cites it 5× “1b of the Act (820 ILCS 305/8.1b (West 2012)), Dr. Levin offered an impairment rating based on the American Medical Association (AMA) 4 No.”
Am. Coal Co. v. Illinois Workers' Comp. Comm'n, 2020 IL App (5th) 190522WC (Ill. App. Ct. 2020). · cites it 4× “1b(b) provides that PPD shall be established by: (1) a physician’s written report establishing the claimant’s level of impairment (820 ILCS 305/8.1b(a) (West 2014)); and (2) consideration of the five factors listed in section 8.”
Am. Coal Co. v. Illinois Workers' Comp. Comm'n, 2020 IL App (5th) 190522WC (Ill. App. Ct. 2020). · cites it 4× “1b(b) provides that PPD shall be established by: (1) a physician’s written report establishing the claimant’s level of impairment (820 ILCS 305/8.1b(a) (West 2014)); and (2) consideration of the five factors listed in section 8.”
Corn Belt Energy Corp. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 150311WC (Ill. App. Ct. 2016). · cites it 11× “1b of the Act (820 ILCS 305/8.1b (West 2012)) in connection with the arbitrator's PPD award but otherwise affirmed and adopted the arbitrator's decision and award of benefits.”
Flexible Staffing Servs. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 150564WC (Ill. App. Ct. 2016). · cites it 6× “” The Commission noted that Section 8.1b(b) expressly states, “No single enumerated factor shall be the sole determinant of disability.”
City of Peoria v. Illinois Workers' Comp. Comm'n, 2020 IL App (3d) 190746WC (Ill. App. Ct. 2020). · cites it 5× “The arbitrator, after reviewing the record and considering the five statutory factors governing PPD determinations (see 820 ILCS 305/8.1b(b)(i-v)(West 2016)), awarded claimant 200 weeks of PPD benefits, at a rate of $755.”
Cont'l Tire of the Americas, LLC v. Illinois Workers' Comp. Comm'n, 2015 IL App (5th) 130884WC (Ill. App. Ct. 2015). · cites it 4× “1b(a) of the Act (820 ILCS 305/8.1b(a) (West 2012)). Dr. Brown opined in his report that there was no permanent impairment in the claimant’s left extremity as a result of the chip fracture.”
Kmieciak v. Illinois Workers' Comp. Comm'n, 2020 IL App (4th) 190091WC (Ill. App. Ct. 2020). “1b(b) of the Act (820 ILCS 305/8.1b(b) (West 2012)) directs the Commission to consider: “(i) the reported level of impairment pursuant to subsection (a); (ii) the occupation of the injured employee; (iii) the age of the employee at the time of the injury; (iv) the employee’s…”
— 820 ILCS 305/8.1b(a) — 4 cases
Am. Coal Co. v. Illinois Workers' Comp. Comm'n, 2020 IL App (5th) 190522WC (Ill. App. Ct. 2020). “1b(b) provides that PPD shall be established by: (1) a physician’s written report establishing the claimant’s level of impairment (820 ILCS 305/8.1b(a) (West 2014)); and (2) consideration of the five factors listed in section 8.”
Am. Coal Co. v. Illinois Workers' Comp. Comm'n, 2020 IL App (5th) 190522WC (Ill. App. Ct. 2020). “1b(b) provides that PPD shall be established by: (1) a physician’s written report establishing the claimant’s level of impairment (820 ILCS 305/8.1b(a) (West 2014)); and (2) consideration of the five factors listed in section 8.”
Corn Belt Energy Corp. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 150311WC (Ill. App. Ct. 2016). “1b of the Act (820 ILCS 305/8.1b (West 2012)) in connection with the arbitrator's PPD award but otherwise affirmed and adopted the arbitrator's decision and award of benefits.”
Cont'l Tire of the Americas, LLC v. Illinois Workers' Comp. Comm'n, 2015 IL App (5th) 130884WC (Ill. App. Ct. 2015). “1b(a) of the Act (820 ILCS 305/8.1b(a) (West 2012)). Dr. Brown opined in his report that there was no permanent impairment in the claimant’s left extremity as a result of the chip fracture.”
— 820 ILCS 305/8.1b(b) — 10 cases
Flexible Staffing Servs. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 151300WC (Ill. App. Ct. 2017). “1b of the Act (820 ILCS 305/8.1b (West 2012)), determined that claimant had suffered 30% loss of use of his right arm.”
Am. Coal Co. v. Illinois Workers' Comp. Comm'n, 2020 IL App (5th) 190522WC (Ill. App. Ct. 2020). “1b(b) provides that PPD shall be established by: (1) a physician’s written report establishing the claimant’s level of impairment (820 ILCS 305/8.1b(a) (West 2014)); and (2) consideration of the five factors listed in section 8.”
Con-Way Freight, Inc. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 152576WC (Ill. App. Ct. 2016). “1b of the Act (820 ILCS 305/8.1b (West 2012)), Dr. Levin offered an impairment rating based on the American Medical Association (AMA) 4 No.”
Am. Coal Co. v. Illinois Workers' Comp. Comm'n, 2020 IL App (5th) 190522WC (Ill. App. Ct. 2020). “1b(b) provides that PPD shall be established by: (1) a physician’s written report establishing the claimant’s level of impairment (820 ILCS 305/8.1b(a) (West 2014)); and (2) consideration of the five factors listed in section 8.”
Con-Way Freight, Inc. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 152576WC (Ill. App. Ct. 2017). “1b of the Act (820 ILCS 305/8.1b (West 2012)), Dr. Levin offered an impairment rating based on the American Medical Association (AMA) Guides.”
— 820 ILCS 305/8.1b(b)(iii) — 1 case
Con-Way Freight, Inc. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 152576WC (Ill. App. Ct. 2017). “1b of the Act (820 ILCS 305/8.1b (West 2012)), Dr. Levin offered an impairment rating based on the American Medical Association (AMA) Guides.”
— 820 ILCS 305/8.1b(b)(iv) — 2 cases
Con-Way Freight, Inc. v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 152576WC (Ill. App. Ct. 2017). “1b of the Act (820 ILCS 305/8.1b (West 2012)), Dr. Levin offered an impairment rating based on the American Medical Association (AMA) Guides.”
City of Peoria v. Illinois Workers' Comp. Comm'n, 2020 IL App (3d) 190746WC (Ill. App. Ct. 2020). “The arbitrator, after reviewing the record and considering the five statutory factors governing PPD determinations (see 820 ILCS 305/8.1b(b)(i-v)(West 2016)), awarded claimant 200 weeks of PPD benefits, at a rate of $755.”
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