Sharwarko v. Illinois Workers Compensation Commisssion

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2015 IL App (1st) 131733WC
Decision Date: 
Friday, February 27, 2015
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN
Employee worked as water and sewer inspector for Village. Employee sustained elbow injury in 2006, during his work duty of replacing a water meter on parcel of property in Village. Commission's decision to deny employee TTD benefits after his voluntary retirement 6 months after accident is not against manifest weight of evidence. Sufficient evidence in record to support Commission's determination that employee failed to meet his burden of providing his entitlement to PTD benefits based on "odd lot" theory. Employee failed to establish prejudice in Commission's failure to answer questions he submitted purusant to Section 19(e) of Workers' Compensation Act. (HOLDRIDGE, HUDSON, HARRIS, and STEWART, concurring.)