Burcham v. West Band Mutual Insurance Company

Plaintiff filed declaratory judgment action against his insurer, seeking declaration that his claim for uninsured motorist coverage damages were not precluded under policy limitation by his workers' compensation payments. Plaintiff is not automatically entitled to receive payment for disfigurement under Section 8(c) of Workers' Compensation Act, and thus court properly allowed him to seek, within arbitration, compensation for disfigurement not awarded in his workers' compensation claim. As Act compensates for various forms of disability, and disability is equivalent to "element of loss" of loss of a normal life, Plaintiff cannot seek in arbitration compensation for loss of normal life. Plaintiff cannot seek medical payments or loss of earnings in arbitration, as these are categories of losses included in "element of loss". (JORGENSEN, specially concurring; McLAREN, concurring in part and dissenting in part.)