WCLA MCLE 5-18-11 City of Chicago & Baumgardner: Multiple Permanency Awards Wednesday May 18, 2011 from 12:00 pm to 1:00 pm James R. Thompson Center Auditorium, Chicago, IL 1 Hour General MCLE Credit

City of Chicago v. IWCC 1-09-2320WC, filed 4-11-11 2 DA’s 8-27-02 & 5-5-04 (consolidated) 8-27-02: 20% loss MAW 5-5-04: wage-differential Affirmed by IWCC & confirmed by Circuit Court Appellate Court: “statutory interpretation” therefore “de novo” “Claimant is not entitled to an award under both section 8(d)1 and section 8(d)2 for the same condition of ill-being.” Need evidence to “delineate and apportion the nature and extent of permanency attributable to each accident.” Dissent: manifest weight

Baumgardner v. IWCC 1-10-0727WC, filed 4-11-11 3 DA’s 4-8-96; 5-4-96; 8-7-98 (consolidated) One wage-differential award by Arbitrator, no separate specific loss for 4-8-96 injury Commission affirmed and Circuit Court confirmed Appellate Court: “manifest weight” “Commission properly evaluated the totality of the evidence as it related to the claimant’s overall condition of ill-being at the time of the hearing and entered a single award that encompassed the full extent of the disability”