City street light maintenance electrician employee filed for workers' compensation benefits for injuries to his left arm. Claimant acknowledged previous injury to his left shoulder (rotator cuff) which resulted in settled claim with employer for 30% loss of use of left arm. Commission awarded claimant benefits for 15.57 weeks, which was for 37.5% of loss of use of left arm minus a credit for 30% loss of use of same arm as a result of prior settlement. Medical records from prior injury indicate that surgery was limited to area near elbow, supporting Commission's finding of prior injury to arm. Commission properly awarded employer a credit per Section 8(e)(17) of Workers' Compensation Act, as prior settlement was under Section 8(e) of the Act, for partial loss of use of left arm. (HOFFMAN, HUDSON, HARRIS, and STEWART, concurring.)
Illinois Appellate Court
Civil Court
Workers' Compensation