Levato v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 130297WC
Decision Date: 
June 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Justice: 
HOFFMAN
Holding: 
Circuit court affirmed in part and reversed in part; Commission decision vacated in part and remanded.
Commission's decision that claimant was not permanently and totally disabled is not against manifest weight of evidence, given Functional Capacity Evaluation report and physician testimony. As claimant requested alternate relief of, and did not explicitly waive his right to, a wage differential award, Commission was obliged to resolve that issue. (HOLDRIDGE, HUDSON, HARRIS, and STEWART, concurring.)