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COONTZ v. INDUSTRIAL COM'N

No. 35640.

19 Ill.2d 574 (1960)

169 N.E.2d 94

HENRY COONTZ, d/b/a McLeansboro Nursing Home, Plaintiff in Error, v. THE INDUSTRIAL COMMISSION et al. — (Stanley Allen, Defendant in Error.)

Supreme Court of Illinois.

Rehearing denied September 26, 1960.

Attorney(s) appearing for the Case

OEHMKE, DUNHAM & BOMAN, and THOMAS Q. O'KEEFE, both of East St. Louis, for plaintiff in error.

LLOYD H. MELTON, L.M. HANCOCK, and HAROLD B. CULLEY, JR., all of Harrisburg, for defendant in error.

Judgment reversed and award set aside.

Mr. JUSTICE DAILY delivered the opinion of the court:

The sole issue in this cause is whether defendant in error, Stanley Allen, who was injured at the McLeansboro Nursing Home on May 5, 1957, was an employee of the home within the meaning of the Workmen's Compensation Act, (Ill. Rev. Stat. 1955, chap. 48, pars. 138.1-138.28) or an independent contractor. Both an arbitrator and the Industrial Commission found that an...

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