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Statute Did Not Allow Employer to Use Credit Against Judgment

Monday, February 6, 2012 | 0

An Illinois statute did not prevent an injured worker from enforcing an award against his employer, despite the fact that the employer had a credit that was larger than the award, an appellate court ruled. Case: Patel v. Home Depot USA, No. 1-10-3217, 2/2/12, published. Facts: Naresh Patel, a Home Depot employee, filed workers' compensation claims for two separate work-related accidents. Procedural History: An arbitrator awarded Patel $22,799 in temporary total disability (TTD) benefits, penalties, and attorney fees. Next, the arbitrator granted Home Depot a credit of $27,357 for TTD benef...

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