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MONTGOMERY TANK LINES v. INDUSTRIAL COM'N

No. 1-93-1601WC.

640 N.E.2d 296 (1994)

263 Ill. App.3d 218

203 Ill.Dec. 637

MONTGOMERY TANK LINES, Appellant, v. The INDUSTRIAL COMMISSION et al. (Carole Utter, Appellee).

Appellate Court of Illinois, First District, Industrial Commission.

April 29, 1994.

Attorney(s) appearing for the Case

Womack & Galich, Chicago, for appellant.

Kleiman, Whitney, Wolfe and Gore, Chicago, for appellee.

Justice RARICK delivered the opinion of the court:

Claimant, Carole Utter, sought death benefits pursuant to the Workers' Compensation Act (Ill.Rev.Stat.1985, ch. 48, par. 138.1 et seq.) (the Act) for the death of her husband, James Utter, while in the employ of respondent Montgomery Tank Lines (MTL). James Utter was a truck driver for MTL and was killed in Indiana on September 30, 1986, in a work-related accident. Utter and his family lived in Lake Village...

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