Bagwell v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2017 IL App (4th) 160407WC
Decision Date: 
Friday, September 8, 2017
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

Claimant worked in employer's candy factory for 27 years. Claimant injured his back at work, and eight months later, soon after claimant returned to work, he reinjured his lower back. Claimant also served as a church pastor for 16 years, and was paid by church, at same time he was employed in candy factory. Commission properly excluded his earnings as a pastor from his average weekly wage calculation for purposes of determining his wage differential benefit. Claimant failed to prove that employer knew that he received payment for work as a pastor, so no requirement that wages earned as a pastor must be included as wages earned from employer under section 10. (HOFFMAN, HUDSON, HARRIS, and MOORE, concurring.)