Pisano v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2018 IL App (1st) 172712WC
Decision Date: 
Friday, December 7, 2018
District: 
1st Dist.
Division/County: 
Cook Co., WC Div.
Holding: 
Affirmed in part, reversed in part, and vacated in part.
Justice: 
HUDSON

Plaintiff filed 3 applications for workers' compensation benefits for injuries sustained while working for City. Arbitrator issued a single decision on all 3 claims, awarding permanent partial disability (PPD) benefits for injuries to right wrist and right elbow arising out of 1st accident, and a wage-differential award for injury to right wrist arising out of 2nd accident. Arbitrator determined that injuries from 3rd accident arose out of and in course of vocational-rehabilitation process for 2nd accident. Commission modified rate and commencement date of wage differential awarded for 2nd accident and otherwise adopted arbitrator's decision. Appellate court reinstated scheduled PPD award for injuries to right elbow as entered by the Commission in its original decision, and wage-differential for injuries to right wrist from 1st and 2nd accidents. Finding that claimant was not entitled to PTD benefits was not against manifest weight of evidence, as employer showed that he was suitable for employment as a watchman. Decision claimant was not entitled to a separate PPD award for injuries to neck and shoulders as a result of 3rd accident was not against manifest weight of evidence. (HOLDRIDGE, HOFFMAN, CAVANAGH, and BARBERIS, concurring.)