Alano v. Industrial Commission

JUSTICE COLWELL,

specially concurring:

Although I agree with the majority’s holding, I write separately to address factors which I believe are essential to our analysis.

A claimant is entitled to permanent total disability (PTD) benefits if he is obviously unemployable. See Schoon v. Industrial Comm’n, 259 Ill. App. 3d 587, 590 (1994). Whether a claimant is obviously unemployable is a factual determination to be made by the Commission, and that determination will not be set aside unless it is against the manifest weight of the evidence. Peabody Coal Co. v. Industrial Comm’n, 259 Ill. App. 3d…