Injured Worker Entitled to TTD Benefits after being Laid Off while on Light Duty

In a recent Illinois appellate court case the court held that an injured worker was entitled to TTD benefits after he was laid off when working light duty.  In the case the petitioner was injured at work and was working for the respondent light duty.  The employer laid off the petitioner due to lack of work or economic reasons.  The respondent insurance company refused to pay the TTD benefits when the injured worker was laid off.  The injured worker fought the case and the arbitrator found in his favor and awarded him TTD benefits. The commission, the trial court and the appellate court affirmed the arbitrators decision in awarding benefits.  The court noted the law is clear that neither the ability to do light duty work or not getting medical benefits prohibits the injured worker from getting TTD benefits.

In the case, the injured worker attempted to find work with in his restrictions, and kept track of his attempts to find work. His attempts to find a nother job was unsucessful. Thus the injured worker proved that theree was no work avaliable for him with his work restrictions. As a side note the arbitrator awarded the injured worker penalties for the insurance carriers bad faith in failing to pay benefits.