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LUBY v. INDUSTRIAL COM.

No. 52050.

82 Ill.2d 353 (1980)

412 N.E.2d 439

JOSEPH A. LUBY, Appellee and Cross-Appellant, v. THE INDUSTRIAL COMMISSION et al. (Frank C. Abt, Appellant and Cross-Appellee).

Supreme Court of Illinois.

Rehearing denied November 26, 1980.

Attorney(s) appearing for the Case

Lee C. Korbakes, of Chicago, for appellant.

James Lewis Kaplan, of Kaplan, Sorosky, Hoffman & Buffen, Ltd., of Chicago, for appellee.

Judgment reversed.

MR. JUSTICE WARD delivered the opinion of the court:

The claimant, Joseph A. Luby, filed an application for adjustment of claim with the Industrial Commission seeking compensation from the respondent, Frank C. Abt, doing business as Lake View Ice Cream Company, for the fracture of a hip in an accident on June 18, 1975. The arbitrator made an award in favor of the claimant. On review the Commission, without hearing additional testimony, set...

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