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OLD BEN COAL CO. v. INDUSTRIAL COM'N

No. 5-90-0376WC.

576 N.E.2d 890 (1991)

217 Ill. App.3d 70

159 Ill.Dec. 967

OLD BEN COAL COMPANY, Appellant, v. The INDUSTRIAL COMMISSION et al. (Clifford Frye, Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied July 5, 1991.

Attorney(s) appearing for the Case

L. Robert Mueller, Livingstone, Mueller, O'Brien and Davlin, P.C., Springfield, for appellant.

Harold B. Culley, Jr., Culley and Associates, Raleigh, for Clifford Frye.

Justice LEWIS delivered the opinion of the court:

The employer, Old Ben Coal Company, appeals from the judgment of the circuit court confirming the decision of the Illinois Industrial Commission (hereafter referred to as the "Commission"). The Commission affirmed the decision of the arbitrator, which found the claimant, Clifford Frye, permanently and totally disabled pursuant to the terms of the Workers' Occupational Diseases Act (Ill.Rev.Stat.1981, ch. 48, par. 172...

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