Illinois satellite dish installer secures benefits
The Illinois Workers' Compensation Commission vacated the arbitrator's award of temporary total partial disaiblity benefits and, instead, found the claimant entitled to temporary total disaiblity benefits for the periods he was off work, and maintenance benefits for the period when he performed light-duty work for the employer.
Case name: Fox v. Ketterman Communications, 17 ILWCLB 57 (Ill.W.C.Comm.2009).
Fox, a satellite dish installer, was working at a job site Feb. 28, 2003, when he fell from a 15 foot ladder onto a brick patio, landing on his left ankle. As a result of the fall, Fox suffered a left calcaneus fracture. On June 27, 2003, Fox returned to light-duty work as a dispatacher. The job involved answering phones, transcribing information, and working on the computer. As a dispatcher, her earned less wages.
He underwent a subtalar fusion Sept 9, 2003, and remained off work until dec. 22, 2003, when he again returned to light-duty work as a dispatcher. The treating doctor found that Fox reached maximum medical improvement with respect to his foot and ankle on March 27, 2004. Due to Fox's prolonged us of crutches, he subsequently developed considerable back pain that radiated down both legs. Upon review, the Illinois Workers' Compensation Commission vacated the arbitrator's temporary partial disability award and, instead, found Fox entitled to temporary total disability benefits for the period he was off work, and maintenance benefits for the period when he worked light duty for the employer.
The Commission explained that Fox's light-duty work contributed to his physical, mental and vocational rehabilitation from the injury. Furthermore, Fox earned significantly less in his light-duty capacity as a dispatcher than he did as a satellite installer The employer was, therefore obligated to pay mainteance benefits during the period when Fox's condition had not stabilized. Although Fox reached MMI with respect to his ankle as of March 27, 2004, his condition of ill-being as it related to his lower back had not yet stabilized. Fox was, therefore, entiteld to maintenance benefits for 123-5/7 weeks commencing June 27, 2003, until Sept. 8, 2003 and again commencing Dec. 22, 2003, until Feb 21, 2006.
