Publications

Wood Dale Electric v. The Illinois Workers Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2013 IL App (1st) 113394WC
Decision Date: 
Monday, February 11, 2013
District: 
1st Dist.
Division/County: 
WC Commission Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
HOFFMAN
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.)