Azcon Metals v. Illinois Workers’ Compensation Commission

Employer appealed from an order of the circuit court confirming the decision of the Illinois Workers’ Compensation Commission that awarded claimant benefits under section 8(d)(2) of the Workers’ Compensation Act and that denied the employer credit for payments previously made under a different subsection. On appeal, the employer argued that the concurrent awards were erroneous as a matter of law and that the Commission’s denial of a credit for previously paid benefits constituted legal error. The appellate court affirmed the portion of the order confirming the Commission’s award and reversed the portion that denied credit to the employer for prior payments. (ROCHFORD and CAVANAGH, concurring and MULLEN and HOLDRIDGE, specially concurring)