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FORSYTHE v. INDUSTRIAL COM'N

No. 5-93-0135 WC.

636 N.E.2d 56 (1994)

263 Ill. App.3d 463

200 Ill.Dec. 865

Robert FORSYTHE, Appellee and Separate Appellant, v. The INDUSTRIAL COMMISSION et al. (Freeman United Coal Mining Company, Appellant and Separate Appellee).

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

June 16, 1994.

Attorney(s) appearing for the Case

Kenneth F. Werts and Nancy R. Kuhnke of Craig & Craig, Mt. Vernon, for Freeman United Coal Min. Co.

Harold B. Culley, Jr., Culley & Wissore, Raleigh, for separate appellant and appellee, Robert Forsythe.

Justice SLATER delivered the opinion of the court:

Claimant, Robert Forsythe, filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act (the Act) (Ill.Rev.Stat.1981, ch. 48, par. 172.36 et seq.) on September 27, 1982. The arbitrator found that claimant was permanently partially disabled to the extent of 17½% as a result of pneumoconiosis. Both claimant and his employer, Freeman United Coal Mining Company, filed petitions...

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