Was the Commission's Application of 'full-Weeks-Worked-Formula' Correct for Computing Claimant's Earnings
In D.J. Masonry Co. v. Industrial Comm'n, 295 Ill. App. 3d 924, 929, 230 Ill. Dec. 450, 693 N.E.2d 1201, 1204 (1998), claimant testified that he worked a 40-hour workweek when the weather permitted and when work was available.
However, long periods of time typically passed when he could not work.
The Commission applied the "full-weeks-worked formula" by dividing 204 (representing the total number of days claimant worked) by 5 (representing a full workweek) to reach 40.8 (representing the number of full workweeks).
The Commission then divided $ 23,496.88 (representing claimant's total earnings over the previous 52 weeks) by 40.8, to arrive at an average weekly wage of $ 575.90. This figure yielded a compensation rate of $ 383.93 in weekly TTD benefits.
On appeal to this court, the employer argued that the Commission's calculation was erroneous and that $ 383.93 per week represented a windfall for claimant because $ 575.90 per week over 52 weeks totaled $ 29,946.80, which was $ 6,449.92 more than the $ 23,496.88 that he made over the previous 52-week period. the Court found that the Commission had sufficient evidence before it to compute claimant's earnings and that it properly "divided the 'number of weeks and parts thereof remaining after the time so lost had been deducted.'" D.J. Masonry, 295 Ill. App. 3d at 933, 693 N.E.2d at 1207, quoting 820 ILCS 305/10 (West 1994). the Court further noted that the Commission's calculation comported with section 10 and was therefore not against the manifest weight of the evidence. D.J. Masonry, 295 Ill. App. 3d at 933, 693 N.E.2d at 1207.
With regard to the issue of windfall, we found that the employer's figure of $ 29,946.80 was misleading insofar as claimant would not receive that amount.
Rather, since claimant would receive TTD benefits of $ 383.93, his total benefits over 52 weeks would total $ 19,964.36.
Therefore, the Commission's award reasonably represented claimant's earning potential. D.J. Masonry, 295 Ill. App. 3d at 934, 693 N.E.2d at 1208.