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FOREST CITY ERECTORS v. INDUSTRIAL COM'N

No. 1-93-1171WC.

636 N.E.2d 969 (1994)

264 Ill. App.3d 436

201 Ill.Dec. 537

FOREST CITY ERECTORS, Appellant/Cross-Appellee, v. The INDUSTRIAL COMMISSION et al. Appellee/Cross-Appellant.

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

June 3, 1994.

Attorney(s) appearing for the Case

Modesto, Reynolds & McDermott (Martin T. Spiegel, Craig H. Millman, of counsel), for appellant/cross appellee, Forest City Steel Erectors.

Anesi, ozmon & Rodin, Ltd. (Arnold G. Rubin, David Figlioli, of counsel), for appellee/cross appellant, Daniel J. Wajerski.

Hinshaw & Clubertson (D. Kendall Griffith, Bruce L. Carmen, Patrick J. Cadigan, of counsel), for amicus curiae, American Ins. Ass'n.

Asher, Gittler, Greenfield, Cohen & D'Alba, Ltd. (Joel A. D'Alba, Stephen Feinberg, of counsel), for amicus curiae, Illinois State Federation of Labour & Congress of Indus. Organization.

Justice SLATER delivered the opinion of the court:

The claimant, Daniel W. Wajerski, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (the Act) (Ill.Rev.Stat.1991, ch. 48, par. 138.1 et seq.). Claimant sought to recover benefits for an injury he sustained while working as an ironworker for the employer, Forest City Steel Erectors.

The arbitrator found that the claimant's injury arose out of and in the course of...

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