City of Chicago v. Illinois Workers' Compensation Commission

I concur in all aspects of the majority decision except the determination that the Commission’s award of 20% of the person as a whole under section 8(d)(2) of the Act should be vacated. From that portion of the majority decision, I respectfully dissent.

In my view, the decision of the majority is based upon a faulty premise. The majority has determined that “the evidence presented at the hearing does not permit a delineation of a separate condition of ill-being attributable to each accident.” 409 Ill. App. 3d at 265. Treating the outcome of the claimant’s two accidents as one indivisible…