GEORGE YOUNG & SONS, INC. v. IND. COM.

No. 48100.

66 Ill.2d 220 (1977)

362 N.E.2d 1040

GEORGE YOUNG & SONS, INC., et al., Appellees, v. THE INDUSTRIAL COMMISSION et al. — (Raymond E. Miller, Appellant.)

Supreme Court of Illinois.

Opinion filed April 5, 1977.


Attorney(s) appearing for the Case

Moehle, Reardon, Smith & Day, Ltd., of Washington (Melvin O. Moehle, of counsel), for appellant.

Baylor & Noetzel, of Peoria, for appellees.


Judgment reversed; award reinstated.

MR. JUSTICE DOOLEY delivered the opinion of the court:

Here the issue is whether a misrepresentation made by a claim agent will estop the assertion of the defense of the statute of limitations provided by section 6(c)(3) of the Workmen's Compensation Act (Ill. Rev. Stat. 1969, ch. 48, par. 138.6(c)(3)).

In a proceeding under the Act, claimant, Raymond E. Miller, received an award for an injury occurring on

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