Daniel R. Egan announces Appellate Court Success
Village of Niles v. Illinois Workers’ Compensation Commission
2023 IL App (1st) 22161
Daniel Egan successfully brought an appeal against a decision of the Illinois Workers’ Compensation Commission, reversing the Commission’s calculation of credit for a settlement occurring in 1999, against an award to the same body part for an accident occurring in 2015, subsequent to the amendment of Section 8(e) increasing the weekly PPD values for body parts in 2005.
The Commission awarded 30% loss of use of the right leg in the 2015 accident, equating to 64.5 weeks of PPD. The Commission awarded a credit for the 1999 settlement for 20% loss of use of the right leg equating to 40 weeks of PPD. The Commission concluded Respondent owed 24.5 weeks of PPD as a result of the 2015 accident.
We successfully argued that the award of PPD after credit for the prior settlement should equate to 21.5 weeks of PPD: 30% award less 20% credit for the prior settlement equals 10% loss of the leg, which under current law equates to 21.5 weeks of PPD.
In reaching their conclusion the Court stated at ¶ 18:
By its plain language, section 8(e)(17) provides that, for the permanent or partial loss of use of a specified member for which compensation has been paid, the loss shall be deducted from any award for a subsequent injury to the same member. It is the prior loss that is subtracted from the award for the subsequent injury. The only condition precedent to the deduction of the prior loss is that compensation for that loss must have been paid. The loss is the permanent or partial loss of use of a member, not the compensation that was paid or is payable. Nothing in the statute provides for the subtraction of the compensation awarded for the initial loss from the compensation provided for the subsequent injury.
This decision eliminates the inconsistency in awards by Arbitrators and the Commission that has existed in this circumstance since the Amendment to the Act in 2005.
A copy of the decision is attached.
Please feel free to reach out to us to discuss this decision, or any other issues you may have in Illinois Workers’ Compensation matters.