Crittenden v. Illinois Workers' Compensation Comm'n
73 N.E.3d 654
| Ill. App. Ct. | 2017Background
- Claimant Carl Crittenden, a City of Chicago sanitation laborer, injured his lower back at work in 2008 and was found permanently restricted to light duty (20 lb. lifting), unable to return to his prior job.
- Vocational expert Blumenthal recommended several suitable light-duty occupations (cashier, customer service, school bus driver, etc.) and estimated post-injury earnings ranging $8.25–$13.78/hour; $13.78/hour was listed as the median for school bus driver.
- Claimant participated in a vocational program (MedVoc) but had inconsistent compliance and did not regain a driver’s license; MedVoc recommended GED and job placement services.
- An arbitrator awarded wage-differential benefits under 820 ILCS 305/8(d)(1), selecting $11.00/hour as the claimant’s post-injury earning capacity and calculating weekly differential accordingly.
- The Illinois Workers’ Compensation Commission reduced the award, instead using $13.78/hour (highest Blumenthal opinion) to compute a smaller weekly differential, citing claimant’s lack of effort; the circuit court confirmed the Commission.
- Appellate court reversed: held the Commission must identify a specific suitable occupation that the claimant is both able and qualified to perform and apply that occupation’s average wage; using $13.78 was not supported because claimant lacked a driver’s license and therefore was not qualified for the school bus driver job.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper method to calculate "average amount which [the claimant] is able to earn in some suitable employment" under §8(d)(1) | The statute should be interpreted to allow reliance on vocational estimates to identify a suitable occupation and average wage; arbitrator’s selection ($11/hour) was reasonable | Commission has factfinder discretion to select an earning figure from vocational testimony; its choice of $13.78 should stand | Court holds §8(d)(1) requires the Commission to identify a specific suitable occupation the claimant is able and qualified to perform and apply that occupation’s average wage; once so identified, the Commission’s factual finding is reviewed for manifest weight |
| Application of chosen wage to claimant who lacks qualification for the occupation tied to that wage | Arbitrator’s chosen $11 wage (based on Target pay or Blumenthal average) was permissible | Commission used $13.78 (school bus driver) despite claimant lacking a driver’s license | Court finds Commission’s use of $13.78 unsupported because record shows claimant was unqualified for school bus driver; award vacated and remanded for recalculation |
Key Cases Cited
- Cassens Transport Co. v. Industrial Comm'n, 218 Ill.2d 519 (2006) (statutory interpretation and de novo review principles)
- Copperweld Tubing Products Co. v. Illinois Workers' Compensation Com'n, 402 Ill. App.3d 630 (2010) (Commission factual findings reviewed for manifest weight)
- Gallianetti v. Illinois Industrial Comm'n, 315 Ill. App.3d 721 (2000) (elements for wage-differential: partial incapacity and impairment of earnings; use of post-injury earnings evidence)
- Deichmiller v. Industrial Comm'n, 147 Ill. App.3d 66 (1986) (method for calculating pre-injury earning amount)
- Old Ben Coal Co. v. Industrial Comm'n, 198 Ill. App.3d 485 (1990) (pre-injury earning calculation guidance)
- Comfort Masters v. Workers' Compensation Comm'n, 382 Ill. App.3d 1043 (2008) (appellate court may affirm if any legal basis in record supports Commission decision)
- Butler Mfg. Co. v. Industrial Comm'n, 140 Ill. App.3d 729 (1986) (same)