Freeman United Coal Mining Co. v. Industrial Commission

This appeal requires us to answer two questions: Is an employee who is receiving ongoing payments for permanent total disability under section 8(e)(18) of the Workers’ Compensation Act (Ill. Rev. Stat. 1979, ch. 48, par. 138.8(e)(18)) eligible for an award of temporary disability benefits when he is injured in a later employment-related accident? If so, is the employer entitled to credit its payments of the permanent total disability award against the amount due the employee each week for his temporary disability?

On May 7, 1973, the claimant, Joseph Dullenty, while employed as a miner by the…