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GREENBERG v. INDUSTRIAL COMM.

No. 36386.

23 Ill.2d 106 (1961)

178 N.E.2d 646

MORRIS GREENBERG, d/b/a Humbolt Storm Window Company, Defendant in Error, v. THE INDUSTRIAL COMMISSION et al. — (Floyd Summers, Plaintiff in Error.)

Supreme Court of Illinois.

Opinion filed September 22, 1961.

Attorney(s) appearing for the Case

HENRY L. KANE and ARTHUR O. KANE, of Chicago, for plaintiff in error.

RONAN & CUNNINGHAM, of Chicago, (E.T. CUNNINGHAM, of counsel,) for defendant in error.

Judgment reversed; award sustained.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The disputed issue in this case is whether the claimant, Floyd Summers, was an employee or an independent contractor at the time he was injured.

On October 28, 1958, Summers was installing windows when he fell from a ladder and injured himself. After a hearing on his application for adjustment of claim, an arbitrator of the Industrial Commission found that he...

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