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Laws-info.com » Cases » Illinois » 2nd District Appellate » 2006 » Boelkes v. Harlem Consolidated School District No. 122
Boelkes v. Harlem Consolidated School District No. 122
State: Illinois
Court: Illinois Southern District Court
Docket No: 2050516
Case Date: 01/26/2006
Plaintiff: Boelkes
Defendant: Harlem Consolidated School District No. 122
Preview: No. 2--05--0516 filed: 1/26/06
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT

________  
LISA BOELKES,  )  Appeal from the Circuit Court  
)  of Winnebago County.  
Plaintiff-Appellant,  )  
)  
)  
v.  )  No. 04--AR--1380  
)  
HAR LEM CONSOLIDATED SCHOOL  )  
DISTRICT No. 122,  )  Honorable  
)  Timothy R. Gill,  
Defendant-Appellee.  )  Judge, Presiding.  

PRESIDING JUSTICE GROMETER delivered the opinion of the court:
Plaintiff, Lisa Boelkes, was hired as a school teacher by defendant, Harlem Consolidated School District No. 122, for the 2002-03 academic year.  Plaintiff's employment contract provided that she would work 181 days and receive a base salary of $47,811.40 (after subtracting contributions to the Teachers' Retirement System).  Plaintiff opted to receive her salary in 26 installments, which equates to $1,838.90 per paycheck. Just four days after the academic year began, plaintiff sustained a work-related injury, which resulted in her missing 74 days of work. As a result of her injury, plaintiff sought compensation pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2002)). Thereafter, the parties executed a "Settlement Contract Lump Sum Petition and Order," which the Illinois Industrial Commission approved on February 14, 2003.  The settlement contract included an award of temporary total disability (TTD) benefits based on an average weekly wage of $919.45. Although the settlement contract does not indicate how plaintiff's average weekly wage was calculated, we note that $919.45 represents plaintiff's base salary divided by 52 (the number of weeks in the calendar year).
Plaintiff returned to work on December 17, 2002.  Upon her return, defendant was paid $1,511.59 for each of the pay periods remaining in the academic year.  Plaintiff's post
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