Illinois electrician's lack of documentation of job search short-circuits claim
The Illinois Industrial Commission modified the arbitrator's decision by vacating an award for maintenance benefits. The claimant railed to meet his burden of proving he conducted a diligent self-created an directedjob search entitling him to maintenance benefits under section 8d(a) of the Illinois Workers' Compensation Act.
Case name: Kane v. Arcelor Mittal Steel, 19 ILWCLB 116 (Ill. W.C. Comm. 2011).
What it means. A diligent self-created and directed job search could be considered vocational rehabilitation within the meaning of Section 8d(a) of the Illinois Workers' Compensation Act, thus entitlling the claimant to maintenance benefits. Where the claimant fails to introduce any documentation substantiating his job search, and his testimony is vague, he has not satisfactory established he conducted the requisite job search. Accordingly, the claimant is not entitled to maintenance benefits.
Summary: Kane worked at the defendnat's plant as a union electrician for nearly 40 years. The job required lifting, climbing, and operating tools. On June 14, 2008, he was climbing up a crane in order to inspect it when he slipped on a step and caught himself with his right arm. A right shoulder CT arthrogram revealed complete tearing and retraction of the supraspinaturs and infraspinatus tendons with mild to moderate degenerative osteoarthritis. In September 2008, he underwent right shoulder surgery. He underwent a functional capacity evaluation in May 2009, and his doctor issued permanent restrictions of no climbing, no overhead work, and limited lifting. Kane worked for the defendant with his testrictions until July 2, 2009 when the defendant closed the plant. Kane testified that he looked for work locally because he did not want to move. He "tried for maintenance jobs" but did not apply for union electrician jobs, explaining that he didn't know if there were any available jobs in the area.
The arbitrator awarded temporary total disability benefits for 9-4/7 weeks from Sept. 27, 2008, through Nov. 23, 2008 and maintenance benefits for 51-4/7 weeks from July 3, 2009, through the date of the arbitration hearing June 28, 2010. Upon review, the Illinois Workers' Compensation Commission vacated the award of maintenance benefits as inappropriate.
In so holding the Commission explained that Section 8(a) of the Illinois Workers' Compensation Act contemplates a duty on the part of the employer to provide maintenance benefits to an employee undergoing vocational rehabilitation. A diligent self-created and directed bjo search could be considered vocational rehabilitation within the meaning of Section 8(a), thus entitling the employee to maintenance benefits. In this case, however, Kane did not introduce into evidence any documentation substantiating his job search, and his testimony was vague. Therefore the Commission found Kane failed to meet his burden of proving he conducted a diligent self-created and directed job search entitling him to maintenance benefits.
Note: If you are conducting a self created job search, it is important to keep a log or diary of your job searchs. Include company name and address, contact person's name, date of contact and outcome of contact. Did you schedule an internview? Did you complete an application? If so, was it completed online or in person. Proper documentation is important in order to receive maintenance benefits while searching for a job.
