Appeals court rules against Cassens

Ann Knef Jan. 19, 2005, 10:42am

The 4th District Court of Appeals recently ruled against Cassens Transport Company in a case involving an employee's claim for worker's compensation.

While working for Cassens, Edwin Ade injured his left hand in August 1998 and sought compensation under the Workers' Compensation Act. The Illinois Industrial Commission (IIC) awarded Ade wage differential benefits in the amount of $203.55 per week.

But in May 2003, Cassens sought an order to suspend the wage differential benefits claiming Ade had failed to respond to requests to provide income tax returns to determine whether a wage loss still existed.

In October 2003, the IIC denied Cassen's motion, citing that the term "disability" referred to only physical and mental disability, and not to economic disability.

As there was no allegation that there was a change in claimant's physical condition, the IIC found there was no basis for suspending payments. On February 9, 2004, the Coles County Circuit Court affirmed the IIC's order.

In Cassens' appeal, it contended that the IIC improperly interpreted the meaning of "disability."

The IIC and the circuit court rejected the argument that disability includes economic standing.

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