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AUGUSTINE v. INDUSTRIAL COM'N

No. 3-91-0207WC.

607 N.E.2d 229 (1992)

239 Ill. App.3d 561

180 Ill.Dec. 335

Henry H. AUGUSTINE, Successor Guardian of the Estate and Person of Richard F. Griffin, et al., Appellee, v. The INDUSTRIAL COMMISSION, Appellant and Cross-Appellee, and Robert L. Silberstein, Appellee and Cross-Appellant.

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

Rehearing Denied February 5, 1993.

Attorney(s) appearing for the Case

David B. Radley, Baymiller, Christison, Radley & Covey, Peoria, for First Nat. Bank of Peoria.

Deborah L. Ahlstrand, Asst. Atty. Gen., Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for Illinois Indus. Com'n.

David B. Mueller, Cassidy & Mueller, Robert Silberstein, Peoria, for Robert L. Silberstein.

John F. Power, III, Kubiesa and Power, Westmont, Arnold G. Rubin, Anesi, Ozmon & Rodin, Ltd., Chicago, Richard A. Kimnach, Anesi, Ozmon & Rodin, Ltd., Chicago, amicus for Illinois Trial Lawyers Assoc.

Joel D'Alba, Stephen Feinberg, Susan Brannigan, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, amicus.

Justice HENRY LEWIS delivered the opinion of the court:

The Illinois Industrial Commission (hereafter referred to as the "Commission") appeals the judgment of the circuit court and presents issues pertaining solely to its award of attorney fees to the claimant's counsel. The claimant, Richard F. Griffin, was rendered permanently and totally disabled as the result of a fall on March 5, 1983. As a consequence of his injuries...

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