The Illinois Workers' Compensation Commission failed to account for the effect of retirement on an injured worker's diminished earning capacity when it incorrectly calculated wage differential benefits, a state appellate court ruled.
Though the commission awarded benefits based on the hourly wages Glen Thomas earned when he was a full-time municipal works employee and part-time firefighter for Roselle, the 3rd District Appellate Court of Illinois said Thomas is entitled to benefits based only on his diminished earning capacity as a firefighter.
"In other words, after retiring, c...
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