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MONTEREY COAL CO. v. INDUSTRIAL COM.

No. 52673.

79 Ill.2d 334 (1980)

403 N.E.2d 263

MONTEREY COAL CO., Appellant, v. THE INDUSTRIAL COMMISSION et al. (Ray A. Caver, Appellee).

Supreme Court of Illinois.

Opinion filed March 28, 1980.

Attorney(s) appearing for the Case

Robert L. Mueller, of Livingstone, Mueller, Drake & Davlin, of Springfield, for appellant.

Lindholm & Williamson, of Peoria (Harold G. Lindholm and Nile J. Williamson, of counsel), for appellee.

Judgment affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

On the day he returned to work after a 16-week hiatus due to a strike, the claimant, Ray A. Caver, was injured. The arbitrator entered an award of compensation for the claimant based on his average weekly earnings for the year next preceding the injury, minus the 16 weeks the claimant was absent because of the strike. The Industrial Commission affirmed the arbitrator's award, and the...

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