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Wage Differential Award Based on Inflated Figure, Court Rules

Tuesday, June 29, 2010 | 0

A wage differential award was erroneous because an arbitrator based it upon a yearly wage that included another worker's voluntary overtime, an Illinois appellate court ruled. Case: Copperweld Tubing Products v. IWCC, No. 1-09-1422WC, 6/28/10. Published.Facts: Jose Santoyo, a mill operator for Copperweld Tubing Products, was injured on Nov. 28, 2001. He was pulling a 42-lb. "spacer" out of a shaft when the spacer struck his body and dropped to the floor. This caused pain in his left elbow. Physicians later diagnosed him with a left elbow strain. Santoyo returned to work, but eventually his...

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