Copperweld Tubing Products v. Illinois Workers’ Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
No. 1-09-1422WC
Decision Date: 
Tuesday, June 22, 2010
District: 
1st Dist.
Division/County: 
Cook Co., Workers' Comp. Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HOFFMAN
Mill operator's removal of himself from workforce, after briefly working at $8/hour security guard job, did not preclude him from wage differential benefits, where pay was within range per vocational rehabilitation consultant's opinion, as claimant could do only light to medium duty work after work-related injury to ulnar nerve. Proper for court to use, as basis for amount claimant would have earned if still employed, the amount his co-worker testified that he received as annual pay for wages plus mandatory overtime. Improper to include in basis the amount earned by co-worker for voluntary overtime.