Congratulating Attorneys Kisa Sthankiya & Mark Cosimini

Congratulations to handling attorneys and Rusin Law partners Kisa Sthankiya and Mark Cosimini on their hard work and dedication to Illinois employers in helping to achieve this result!

In Azcon Metals v. Illinois Workers’ Compensation Commission, 2026 IL App (5th) 250301WC, the firm recently secured a significant victory for employers before the Illinois Appellate Court, obtaining reversal of a decision that had denied an employer credit for voluntary workers’ compensation payments under Section 8(e). The case presented an important question of statutory interpretation under the Illinois Workers’ Compensation Act: whether an employer that voluntarily pays scheduled loss benefits under section 8(e) for an amputation is entitled to a credit when the claimant later elects to recover under section 8(d)(2) for the same injury at the time of trial.

At every prior level, the employer’s position had been rejected. The Arbitrator, the Illinois Workers’ Compensation Commission, and the Circuit Court each ruled in favor of the claimant and denied the employer any credit for the earlier scheduled loss payment. As a result, the employer faced exposure to what was effectively a double recovery—first under the schedule for the amputation and then again under a person-as-a-whole theory for the same single injury. Their interpretation relied on an interpretation of the Act and language under Section 8(d)(2) and 8(e).

On appeal, we successfully argued that the Commission misinterpreted the statute and that longstanding principles prohibit dual recovery for the same injury. The Appellate Court agreed, holding that where a claimant sustains a single injury to one body part, he may elect to recover under either section 8(e) (scheduled loss) or section 8(d)(2) (person-as-a-whole), but not both. Because the employer had promptly and voluntarily paid benefits under section 8(e), the court held that it was entitled to a credit against the later section 8(d)(2) award. The decision can now be cited as precedential authority preserving an employer’s right to a credit for voluntary amputation payments made under section 8(e) against future awards under section 8(d)(2).

This ruling is a meaningful win for employers statewide. It prevents duplicative recoveries for the same injury, reinforces the principle that claimants must elect between alternative remedies when only one injury is at issue, and protects employers who make prompt, good-faith payments following a workplace accident. By securing reversal after adverse rulings at the Arbitration, Commission, and Circuit Court levels, this case underscores the importance of strategic appellate advocacy in shaping workers’ compensation law and limiting unintended expansion of exposure for employers in Illinois. This precedent will serve as a valuable tool for managing liability in future amputation and other scheduled loss claims under the Act, ensuring that voluntary payments are recognized and credited appropriately.