Sister of deceased claimant secures Illinois Workers' Compensation benefits based on dependency
Case name: Cooper v. Borg Warner Automotive Inc., 19 IlWCLB 31 (Ill.W.C.Comm. 2010).
Ruling: The Illinois Workers' Compensation Commission affirmed the arbitrattor's finding that the claimant's siter established that she was at least 50% dependent on the claimant's earnings. However, the Commission modified the decision to find the work accident left the now-deceased claimant with some permanent disability. Based on the sister's dependency determination, she was entitled to 50% percent of the awarded permanency benefits.
What it means: Where it is reasonable to infer from the evidence that the work accident left the claimant with some permanent partial disability prior to her non-work related death, the claimant's dependent is entitled to the permanency award based on her percentage of dependency on the claimant.
Summary: Cooper injured her right hand at work July 20, 2007, and died of unrelated causes two years later. Cooper's surviving unmarried sister was the only individual claiming dependency and entitlement to benefits as a result of Cooper's death. Cooper and her sister lived in separate apartments in the same building. They ate every meal together. Throughout their lives, the two sisters watched out for one another and provided help as they were able. The sister testified that as of Cooper's death, the sister's monthly income consisted solely of $946 in Social Security benefits. Her monthly expenses for rent, utilities, and phone service totaled $926. The sister testified that Cooper paid for her groceries, eye medication, clothing, and laundry expenses. Because the sister hand difficulty operating a vehicle due to an eye condition, Cooper drove her to church and social functions.
The arbitrator found that Cooper contributed at least $586 per month to the sister. Based on the sister's monthly Social Security income of $946, the arbitrator found the sister eligible to receive benefits because she was at least 50% dependent on Cooper's earnings. The arbitrator declined to award any permanency benefits, viewing Cooper's rigth deQuervain's tenosynovitis and right fourth finger trigger condition as having resolved prior to her death.
Upon review, the Illinois Workers' Compensation Commission, afirmed the arbitrator's finding that the sister established dependency and entitlement to benefits. The Commission also affirms the arbitrator's finding that the sister was at least 50% dependent on Cooper's earnings.
As for the permanency award, the Commission viewed the evidence differently and awarded 10% loss of use of the right thumb and 10% percent loss of use of the right ring finger under Section 8(e). The Commission based this modification on the sister's testimony and Cooper's medical records. The sister testified that Cooper was having problems with her right hand. The treating doctor noted complaints of grinding and clicking over the right basilar thumb joint and triggering of the right ring finger. He administered injections, ordered a thumb splint, and restricted Cooper to left-handed work. Based on the record as a whole, the Commission found it reasonable to infer that the work accident left Cooper with some permanent partial disability.
