Illinois Appellate Lawyer Blog
In this appeal of a workers’ compensation award, the Fifth District Illinois Appellate Court considered its jurisdiction on its own prerogative. The jurisdictional question arose because the arbitrator did not assign an amount for temporary total disability. Usually, when the amount of an award is not set, there is no appellate jurisdiction. However, “If ascertaining the proper amount of the award involves a simple mathematical process, we do not lack jurisdiction . . . “
The arbitrator in this case neglected to set the amount of the award in his order. But he did determine the employee’s average weekly wage, his marital status, and the number of children he had. “Given the findings, determining the proper amount of the award for temporary total disability on remand is a simple mathematical process. Accordingly . . . we do not lack jurisdiction over this appeal.”
Get the whole case, St Elizabeth’s Hospital v. Workers’ Compensation Comm’n., No. 05-06-0081 WC (2/21/07), by clicking here.