Employer Can't Get Credit for Payments Made to Injured Worker Pursuant to CBA, Comp Act

The Illinois Appellate Court upheld a denial of an employer’s claim for credits based on the payments it made to an injured employee pursuant to a collective bargaining agreement and the Workers' Compensation Act. Kimberly Smyth worked for the City of Joliet. She filed two workers’ compensation claims for injuries she sustained in 2014 and 2017. After Smyth’s first injury, the city began paying her temporary total disability benefits. Additionally, pursuant to a "make-whole" provision in the collective bargaining agreement under which the parties operated,&nbs...