PLASTERS v. INDUSTRIAL COM'N

No. 5-92-0177 WC.

615 N.E.2d 1145 (1993)

246 Ill. App.3d 1

186 Ill.Dec. 88

Lee A. PLASTERS, Appellant, v. The INDUSTRIAL COMMISSION et al. (Old Ben Coal Company and Patrick Quinn, the Treasurer of the State of Illinois, as Ex-Officio Custodian of the Rate Adjustment Fund, Appellees).

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

Rehearing Denied July 27, 1993.


Attorney(s) appearing for the Case

Harold B. Culley, Jr., Raleigh, for appellant.

L. Robert Mueller, Livingstone, Mueller, O'Brien & Davlin, P.C., Springfield, for appellees.


Justice RAKOWSKI delivered the opinion of the court:

On November 20, 1985, Lee Plasters (claimant) filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act (Act) (Ill.Rev. Stat.1985, ch. 48, par. 172.36 et seq.). Claimant alleged that his heart and lungs were impaired due to the inhalation of coal and rock dust which occurred while he was employed with Old Ben Coal Company (employer). The arbitrator found that the claimant...

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