Petitioner appealed from a Illinois Workers’ Compensation Commission decision reversing an arbitrator’s determination of the amount of temporary total disability benefits owed to petitioner due to an ankle injury sustained by the petitioner while at work. On appeal, petitioner argued that the commission’s decision as well as the imposition of penalties and fees was erroneous and relied on the improper admission of evidence. The appellate court largely agreed and set aside the portion of the commission’s decision that improperly admitted payroll records and remanded for the average weekly wage to be calculated without the improper evidence. The appellate court also reversed the arbitrator’s award of penalties and fees. (HOLDRIDGE, MULLEN, CAVANAGH, and BARBERIS, concurring)
Illinois Appellate Court
Civil Court
Evidence