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WHITNEY v. INDUSTRIAL COM'N

No. 3-91-0764WC.

594 N.E.2d 749 (1992)

229 Ill. App.3d 1076

171 Ill.Dec. 605

Velda WHITNEY, Appellant, v. The INDUSTRIAL COMMISSION, et al. C. Iber & Sons, Appellee.

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

Rehearing Denied July 16, 1992.

Attorney(s) appearing for the Case

John A. Slevin, Vonachen, Lawless, Trager & Slevin, Peoria, for Velda Whitney.

Robert H. Jennetten and David B. Collins, Quinn, Johnston, Henderson & Pretorius, Peoria, for C. Iber & Sons.

Presiding Justice McCULLOUGH delivered the opinion of the court:

Petitioner filed an application for death benefits contending her husband died from an occupational disease, mesothelioma, due to his exposure to asbestos. On stipulated facts, the arbitrator granted respondent's motion to dismiss the application as untimely because there was no evidence that decedent's death or any disablement from a disease caused by asbestos occurred within three years from his last...

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