Tower Automotive v. The Illinois Workers Compensation Commission 

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
No. 1-09-3161WC
Decision Date: 
Monday, January 31, 2011
District: 
1st Dist.
Division/County: 
W.C. Div.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
HOFFMAN
Forklift driver was diagnosed with cervical radiculopathy, which two examining physicians attributed to a preexisting degenerative condition, but one treating physician opined could have been aggravated or accelerated by his job duties. Commission's finding that condition was job-related was based on credibility and weight determinations, including as to testimony of employee, and was not against manifest weight of evidence. Proper to include overtime earnings in calculation of average weekly wage for TTP and PPD, as employee testified that overtime was mandatory. Collateral source rule is not applicable to the right to recover medical expenses under the pre-amendment version of Section 8(a) of Workers Compensation Act, and employer's obligation under Section 8(a) is limited to the amount actually paid to medical providers for treatment of work-related injury. (McCULLOUGH, HUDSON, and HOLDRIDGE, concurring; STEWART, concurring in part and dissenting in part.)