Flexible Staffing Services v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (1st) 150564WC
Decision Date: 
Thursday, November 10, 2016
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed.
Justice: 
HUDSON

(Court opinion corrected 1/27/17.) Claimant, working as a welder-fabricator, sustained work-related injury when he attempted to grabĀ a 400-lb. section of rail as it fell from a sawhorse, and suffered distal biceps tendon rupture. Commission found claimant lost 25% use of his right arm. Commission noted that IME physician placed claimant's level of "impairment" at 6%, and stated that giving this rating more weight would effectively discount the other factors set forth in Section 8.1b of Workers' Compensation Act. Commission then discussed the other 4 factors of that Section. Commission properly applied Section 8.1b of the Act, and Commission's application of that Section was not against manifest weight of evidence. (HOLDRIDGE, HOFFMAN, HARRIS, and STEWART, concurring.)