United Airlines, Inc. v. Illinois Wokers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Case Number: 
2013 IL App (1st) 121136WC
Decision Date: 
Monday, June 3, 2013
1st Dist.
Cook Co., WC Div.
Reversed; Commission decision reinstated.
Airline ramp service worker sustained wrist injury in 2004, and right shoulder injury in 2006 in course of his employment, while loading and unloading luggage bags. Treating physician released employee to return to work in 2007, but with permanent restrictions which precluded him from returning to ramp service position. Section 8(d)(1) of Workers' Compensation Act requires the wage differential to be determined as of the date of the arbitration hearing. Commission was not required to consider mandatory overtime hours in determining wage differential amount, as employee's pay history did not whow that he worked mandatory overtime on regular basis. (HOLDRIDGE, HUDSON, HARRIS, and STEWART, concurring.)