Continental Tire of the Americas, LLC v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2015 IL App (5th) 130884WC
Decision Date: 
Friday, November 6, 2015
District: 
5th Dist.
Division/County: 
Washington Co.
Holding: 
Affirmed.
Justice: 
STEWART
Employee tripped and fell while taking trash to a dumpster, landing on his left hand and arm, and sustaining left wrist fracture. Arbitrator found that claimant sustained 5% loss of use of his left hand as a result of accident; Commission affirmed decision, and circuit court confirmed Commission's decision awarding permanent partial disability benefits. Commission is not required to automatically adopt treating orthopedist's reported level of zero impairment merely because parties submitted only one subsection (a) report. Commission properly weighed that report along with other factors listed in Section 8.1b(b). Evidence was sufficient to support Commission's findings as to each factor. (HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)