The City of Chicago v. Illinois Workers’ Compensation Commission

Claimant is not entitled to an award under both Sections 8(d)(1) and 8(d)(2) of Workers Compensation Act for the same condition of ill-being. Where a claimant has sustained two separate and distinct injuries to the same body part and the claims are consolidated for hearing and decision, unless evidence presented at the consolidated hearing permits delineation and apportionment of nature and extent of permanency attributable to each accident, Commission may consider all the evidence presented to determine the nature and extent of the claimant’s permanent disability as of the date of hearing. Given the employer’s failure to give explanation justifying the delay in payment of the wage differential benefit, Commission’s award of penalties and attorney fees was not against manifest weight of the evidence. (McCULLOUGH, HOFFMAN, and HUDSON, concurring; STEWART, concurring in part and dissenting in part.)