Illinois construction worker's severed fingers warrant loss of use of award for hand under Section 8(e)9
Ruling: The Illinois Workers' Compensation Commission modified the decision of the arbitrator by cacating the award for loss of use of the inde, middle, and right fingers, and awarding benefits under SEction 8(e)9 of the Workers' Compensatin Act for loss of use of the left hand to the extent of 80%.
Case name: Purcell v. Dykema Builders Inc. d/b/a Woodland Builders, 19ILWCLB 29 (Ill/W.C.Comm.2010)
What it means: The Illinois Workers' Compensation Commission does not usually award simultaneous compensation for loss of uf use of amputated fingers and loss of use of the otherwise uninjured hand. In this case, where the claimant severed three fingers and has a long work life expectancy, he is entitled to benefits for loss of use of the left hand and not for loss of use of the fingers.
Purcell was working at a construction site when a circular saw he was operating jerked backward and severed his left index, middle, and ring fingers half an inch above the palm. He currently experiences phantom pain in the amputated fingers. His hand is very sensitive to the cold. However, the symptoms do not interfere with his ability to perform his job duties. In determining the nature and extent of Purcell's disability, the arbitrator found the injuries resulted in complete loss of use of the left index, middle, and ring fingers and loss of use of the left hand to the extent of 50% pursuant to Section 8(e).
On appeal, the defendant argued that it was inappropriate for the arbitrator to award both a loss for each finger as well as 50% percent loss of use of the hand. There was no separate injury to the hand, according to the defendant.
The Illinois Workers' Compensation Commission modified the decision by vacating the arbitrator's award for loss of use of the index, middle, and ring fingers. The Commission noted that the award of 195 weeks entered by the arbitrator violated the statutory provisions set forth in Sections 8(e)8 and 8(e)9 in that the award exceeded the 190 weeks available for the loss of use of the hand.
Purcell cited Modern Drop Forge Corp. v. Industrial Commssion for the proposition that the Commission can award compensation for loss of use of the fingers and loss of use of the hand arising out of the same accident. However, Modern Drop Forge did not address the instant issue. The Commission does not usually award simultaneous compensation for loss of use of the amputated figners and loss of use of the otherwise uninjured hand.
In this case, Purcell is 29 years old and has a long work-life expectancy. The Commission found that the injuries sustained caused loss of use of the left hand to the extent of 80% pursuant to Section 8(e)9.
