The American Coal Co. v. Illinois Workers’ Compensation Commission

Plaintiff employer appealed from an order of the circuit court confirming the decision of the Illinois Workers’ Compensation Commission awarding the claimant benefits under the Workers’ Compensation Act, arguing that the commission erred in awarding PPD benefits for non-scheduled body parts in addition to an award of statutory PTD benefits. The claimant argued that denying compensation beyond the two members compensable under section 8(e)(18) of the Act would leave him uncompensated for the additional non-scheduled losses that could impact his earning capacity. The appellate court agreed with claimant and affirmed. (HOLDRIDGE, HOFFMAN, MULLEN, and CAVANAGH, concurring)