Treasurer of the State of Illinois vs. Industrial Commission, 136 Ill. App. 3d 809, 483 N.E.2d 1016, 91 Ill.Dec. 530 (1985)

Outcome: Employer's liability was limited

Description: In a case of first impression, the appellate court ruled that in a case involving the second complete loss of use of a limb the employee was entitled to 200 weeks of benefits at permanent total disability rate, followed by a statutory permanent total disability benefit for the remainder of his life. While the arbitrator had ordered the employer to pay the 200 weeks at the higher permanent total disability rate rather than the lower permanent partial disability rate, the Industrial Commission ruled that the employer would pay those weeks at the lower rate and that the State of Illinois Second Injury Fund would pay the difference between the two rates for that 200 week period of time and would then pay the total permanet disability award thereafter, resulting in a considerable savings to the employer.