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EDWARD HINES LUMBER CO. v. INDUSTRIAL COM'N

No. 1-89-2358 WC.

575 N.E.2d 1234 (1990)

215 Ill. App.3d 659

159 Ill.Dec. 174

EDWARD HINES LUMBER CO., Respondent-Appellant and Cross-Appellee, v. The INDUSTRIAL COMMISSION, et al. (Floyd Pinckney, Petitioner and Cross-Appellant), Appellees.

Appellate Court of Illinois, First District, Industrial Commission Division.

Rehearing Denied July 10, 1991.

Attorney(s) appearing for the Case

Sweeney and Riman, Ltd., Chicago (Gerald O. Sweeney, of counsel), for respondent-appellant and cross-appellee.

John E. Cunningham, Chicago, for appellees.

Justice BARRY delivered the OPINION of the court:

The arbitrator found that a heart attack suffered by the petitioner, Floyd Pinckney, arose out of and in the course of his employment with the respondent, Edward Hines Lumber Company. The Commission agreed with that finding, but reduced the arbitrator's decision regarding the petitioner's average weekly wage. Rather than calculating overtime hours at one and a half times the petitioner's regular hourly rate, as had...

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