Wood Dale Electric v. The Illinois Workers Compensation Commission

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 113394WC
Decision Date: 
February 11, 2013
1st Dist.
WC Commission Div.
Affirmed in part and vacated in part.
Injured journeyman electrician's pension payments were result of normal pension retirement benefits, and wholly unrelated to the claimant's workers' compensation accident. Thus, those pension payments cannot entitle employer to a credit against its liability under Workers Compensation Act. A wage differential award is determined by comparing claimant's prior earning capacity to amount he is earning or is able to earn in some suitable employment after the accident. A claimant's voluntary decision to remove himself from the workforce does not preclude a wage differential award. (HOLDRIDGE and HUDSON, HARRIS, and STEWART, concurring.)