Crittenden v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2017 IL App (1st) 160002WC
Decision Date: 
Friday, February 24, 2017
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Reversed and remanded.
Justice: 
MOORE

Workers' Compensation Commission erred in its method of determining average amount which claimant is able to earn in some suitable employment or business after work-related accident. If claimant is not working at time of calculation, Commission must identify, based on evidence in the record, an occupation that claimant is able and qualified to perform, and apply average wage for that occupation to wage differential calculation. Claimant is required to introduce evidence sufficient for Commission to identify occupation that claimant is able and qualified to perform, and average wage for that occupation. (HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)