NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
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In Illinois, we are seeing a trend with the Illinois Workers’ Compensation Commission awarding benefits under multiple provisions of the statute for conditions arising from the same date of injury. These awards are increasing the overall value of cases and creating a growing body of caselaw to support multiple avenues of recovery from the same injury.
In American Coal Company v. Illinois Workers’ Compensation Commission et al. 2024 IL App (5th) 230815WC, the Illinois Appellate Court found that an employee could receive permanent total disability benefits under 8(e)(18) and was also entitled to benefits under 8(d)(2), 8(c) and 8(e) for injuries resulting from the same date of accident. The employer stipulated that the employee was entitled to permanent total disability benefits for the loss of use of both eyes. Permanent total disability benefits are one of the maximum recoveries under the Illinois Workers’ Compensation Act entitling an employee to a substantial weekly benefit for life. The employee argued that he should also receive additional benefits under for losses under Section 8(d)(2), 8(a) and 8(e). Under Section 8(d) they award benefits for spinous fractures, 100% loss of use each eye under Section 8(c) and 60% loss of use of MAW under Section 8(d)(2). The court held that the employee was entitled to recover additional benefits under Section 8(d)(2), 8(c) and 8(e) for injuries to claimant’s hip, spine, abdomen, and psychological issues in addition to permanent total disability. They relied on a prior case, Beelman Trucking v. Illinois Workers’ Compensation Comm’n, 233 Ill. 2d 364 (2009), where the supreme court held that the claimant could recover under two sections of the Act also. (8(e)(18) and 8(e)(10)) They found that an award for the additional benefits would address his further diminished earning capacity as a result of the injury and adequately address the full scope of his injuries.
Kisa Sthankiya
ksthankiya@rusinlaw.com
312-454-5127