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Separate Injuries Allow Separate Workers' Compensation Benefits

Posted on in Workers' Compensation

Separate Injuries Allow Separate Workers' Compensation BenefitsAn Illinois appellate court recently overturned a trial court’s ruling on whether a claimant could receive two forms of workers’ compensation benefits from separate injuries that were consolidated as one claim. There are several types of benefits that the Illinois Workers’ Compensation Commission can award, including:

The benefits that a worker receives depends on the severity of his or her injury and how it affects his or her ability to continue to work or find other employment.

Recent Case

In Pisano v. Illinois Workers’ Compensation Commission, a hoist engineer for the city of Chicago injured his wrist, elbow, and shoulders in three separate incidents from 2005 to 2010. An arbitrator awarded the man Permanent Partial Disability for his elbow and wrist injury in the first incident and wage-differential benefits for his wrist injury in the second incident. The arbitrator determined that the third incident was related to the first two and did not require additional benefits. The arbitrator denied the claimant’s request for Permanent Total Disability because he is physically capable of obtaining other employment if he goes through vocational training. The Illinois Workers’ Compensation Commission approved the ruling, with some changes to the wage-differential rate.

Appeals

A trial court remanded the case back to the IWCC, stating that the claimant should receive only one form of benefits that encompasses all of his injuries. The IWCC chose to award the claimant wage-differential benefits. The appellate court overturned the trial court’s ruling while also modifying the IWCC’s original ruling:

  • The wrist and elbow injuries were separate, and the claimant can receive a different form of benefits for each one; but
  • The claimant could not receive both PPD and wage-differential benefits for the wrist injury, as the IWCC originally ruled.

The appellate court ruled that the claimant would receive PPD benefits for his elbow, which he injured in his first incident, and wage-differential benefits for his wrist, which he injured in the first incident and reinjured in the second incident.

Contact a Crystal Lake Workers’ Compensation Lawyer

A workers’ compensation case may not stop with the arbitrator or IWCC’s ruling. Either side can appeal an earlier ruling in order to obtain a more favorable outcome. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, can appeal your ruling or protect your benefits against appeals. To schedule a free consultation, call 815-338-3838.

Source:

http://www.illinoiscourts.gov/Opinions/WorkersComp/2018/1172712WC.pdf

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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