Employee seeking to include per diem in average weekly wage has the burden of proving real economic gain
By Erica N. Rogina
Workers’ Compensation Law,
September 2008
In United Airlines v. Workers’ Compensation Commission, 382 Ill.App.3d 437, 887 N.E.2d 888 (1st Dist. 2008), Justice Hoffman, writing for a unanimous court, vacated the Commission’s calculation of the petitioner’s average weekly wage, finding that the per diem paid to the petitioner is not to be automatically included in the average weekly wage, but rather, as a workers’ compensation claimant, the petitioner must meet her burden of proof on this issue by establishing that she actually realized an economic gain.
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