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STEMBRIDGE BUILDERS v. INDUSTRIAL COMM'N

No. 2-93-1181WC.

636 N.E.2d 1088 (1994)

263 Ill. App.3d 878

201 Ill.Dec. 656

STEMBRIDGE BUILDERS, INC., Appellant, v. The INDUSTRIAL COMMISSION et al. (Mario Zepeda, Appellee).

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

Rehearing Denied August 1, 1994.

Attorney(s) appearing for the Case

John A Maciorowski, Stevenson, Rusin & Friedman, Ltd., Chicago, for Stembridge Builders, Inc.

Industrial Com'n of Illinois, Chairman's Office, Chicago, for Illinois Indus. Com'n.

Craig S. Mielke, Murphy, Hupp, Foote, Mielke & Kinnally, Aurora, for Mario Zepeda.

Presiding Justice McCULLOUGH delivered the opinion of the court:

Claimant was severely injured in a one-car accident while completing an errand for his employer. An eyewitness testified claimant was traveling at approximately 65 to 70 miles per hour in a 40-mile-per-hour zone when he lost control of his vehicle and flipped it over several times. The arbitrator and Industrial Commission (Commission) awarded benefits concluding claimant's negligence in speeding did...

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