Dallas v. CIPS

Lineman, who injured his back while employed for Defendant, was awarded by arbitrator a wage differential for duration of disability and TTD for 177 weeks. Plaintiff filed in circuit court application for entry of judgment per Section 19(g) of Workers' Compensation Act, and alleged that Defendant had notified him it was terminating weekly wage-differential payments. Defendant claimed that Plaintiff's alleged disability had ended, as Plaintiff had obtained full-time job as lineman elsewhere, for greater pay than he earned in Defendant's employ. Appellate court without jurisdiction, because Defendant was required to request, within 30-month period applicable to injuries prior to February 1, 2006, that the Commission review the installment award under Section 19(h) of Act. Employer may terminate totally and permanently disabled employee's benefits upon learning that disability no longer exists, but not those of a partially permanently disabled employee. Section 19(g) does not provide for payment of attorney fees incurred on appeal. (KNECHT and TURNER, concurring.)