Con-Way Freight, Inc. v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (1st) 152576WC
Decision Date: 
Thursday, November 10, 2016
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed.
Justice: 
STEWART

Claimant, age 42, was employed as a "line haul" truck driver when he sustained workplace accident, when a dolly weighing several thousand pounds ran over both of his feet while he was assisting another driver. Court confirmed Commission's decision, affirming (other than correcting a calculation error) arbitrator's decision awarding benefits, including permanent partial disability (PPD) benefits for 30% loss of right foot and 8% loss of left foot. Section 8.1b of Workers' Compensation Act does not specify the weight that Workers' Compensation Commission must give to the physician's report. Commission is obligated to weigh all five factors listed within Section 8.1b(b) of the Act and make a factual finding as to level of worker's permanent partial disability, with no single factor being the sole determinant of disability.(HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)