Arcelor Mittal Steel v. Illinois Workers’ Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2011 IL App (1st) 102180WC
Decision Date: 
Monday, November 7, 2011
District: 
1st Dist.
Division/County: 
IWCC Div.
Holding: 
Affirmed.
Justice: 
McCULLOUGH
(Court opinion corrected 12/23/11.) Maintenance technician filed workers' compensation claim for injuries to right arm sustained while carrying 300-pound piece of steel. Arbitrator awarded TTD and PPD, which included scheduled overtime earnings and production bonuses. Commission did not err by including overtime earnings in calculating average weekly wage, as evidence established that employee was required to work scheduled overtime as a condition of his employment. Commission did not err by including production bonuses in calculating average weekly wage, as bonuses were in consideration for work performed pursuant to collective bargaining agreement, and employer had no discretion in paying bonuses when earned. (HOFFMAN, HUDSON, HOLDRIDGE and STEWART, concurring.)