Chlada v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (1st) 150122WC
Decision Date: 
Friday, July 8, 2016
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Reversed and remanded.
Justice: 
HOLDRIDGE

 Claimant filed for workers compensation benefits for injury to lower that he allegedly sustained in 1999 accident. Arbitrator ordered employer to pay TTD, TPD and maintenance benefits. Commission affirmed arbitrator's decision, but vacated TPD/maintenance benefits and awarding wage differential. Claimant sought judicial review of Commission's decision. Section 8(d)(1) purpose is to compensate a claimant for diminished earning capacity caused by work-related injury. The fact that claimant subsequently suffered unrelated and more disabling work injury to neck in 2002 did not alter fact that 1999 back injury reduced his earning capacity. Commission's decision fails to adequately compensate claimant for his first economic injury. Nothing prohibits awarding both PTD and wage differential benefits simultaneously and indefinitely under these circumstances. (HOFFMAN, HUDSON, HARRIS, and STEWART, concurring.)