Illinois workers status as illegal alien does not block ttd award
The Illinois Workers' Compensaiton Commission ordered the defendant to pay 180 weeks of temporary total disability benefits to a claimant who suffered a work-related back injury.
Case name: Zendejas v. J&J Brothers Construction, 17 ILWCLB 162 (Ill.W.C.Comm.2009).
Zendejas sustained injuries in a work-related accident. He underwent surgery Nov. 7, 2005, in which the surgeon removed an extended disc fragment from Zendeja's lumbar spine. The arbitrator awarded temporary total disability benefits from Dec. 7, 2004, through Jan 15, 2007. The arbitrator found Zendejas could not receive ongoing TTD benefits because the defendant's Section 12 examiner determined that Zendejas had reached maximum medical improvement.
The arbitrator also found that Zendejas' inability to work was due to his immigration status as an illegal alien. In modifying the TTD award, the Commission explained that pursuant to Economy Packing Co., v IWCC, the claimant's immigration status has no bearing on is eligibility for benfits under the Illinois Workers' Compensation Act. Therefore, should the medical evidence prove the claimant to be temporarily totally disabled, he may receive TTD benefits. In determining the duration of TTD, the only issue was whether the claimant has reached maximum medical improvement.
The Illinois Workers' Compensation Commission concluded that Zendejas' condition had not stabilized as of Jan. 15, 2007 and that he remained temporary totally disabled as of the time of the hearing. The Commission awared TTD through May 29, 2008.
