Illinois worker's permanency award deemed premature; vocation rehab more appropriate
The Illinois Workers' Compensation Commission vacated the arbitrator's award of wage differential benefits under section 8(d)1 of the Illinois Workers' Compensation Act and rejected the claimant's contention that he was entitled to permanent total disability benefits. The Commission found a permanency award was premature, and instead, the claimant should pursue vocational rehabilitation in the form of a suitable retraining program. Also, the claimant was entitled to maintenance while engaged in vocational rehabiltiation.
Case name: Wise v. Maine Township HSD No. 207, 17 ILWCLB 220 (Ill.W.C.Comm. 2009).
Based on the testimony of a vocational rehabilitation consultant, the arbitrator found that Wise was not entitled to an award of permanent total disability under Section 8(f). The consultant found there was a stable labor market for Wise with potential earnings between $8 and $10 per hour. The arbitrator found that Wise was in good physical condition after the work inijury, was capable of performing medium-level work, and was no longer under medical care. The arbitrator also found that Wise did not conduct a diligent job search and that both vocational counselors identified an amount that Wise could earn after the injury.
The arbitrator denied permanent total disability benefits and awarded wage differential benefits under Section 8(d)1. On appeal, the Illinois Workers' Compensation Commission vacated the arbitrator's wage differential award, finding an award of permanency was premature. Rather, the Commission found that Wise appeared to be a suitable candidate for vocational rehabilitation and training, which was not adequately explored by the parties.
The Commission agreed with the arbitrator that Wise was employable and had transferable skills which were identified by the consultant. Based on the opinions of the consultant, along with the labor market survey, Wise may be capable of earning more than $10 per hour. In the Commission's view, Wise was employable and may benefit from additional vocational rehabilitation services as recommended by both testifying vocational consultants. A retraining program would likely make Wise more marketable and increase his earning capacity.
