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SWEARINGEN v. INDUSTRIAL COM'N

No. 5-97-0160WC.

699 N.E.2d 237 (1998)

298 Ill. App.3d 666

232 Ill.Dec. 790

Donna SWEARINGEN and Ronald Scroggins, Appellants, v. The INDUSTRIAL COMMISSION et al. (T.T.C. of Illinois, d/b/a Henderson Trucking, Appellee).

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

August 24, 1998.

Attorney(s) appearing for the Case

Mark Glass, Michael B. Marker, Carr, Korein, Tillery, Kunin, Montroy & Glass, East St. Louis, for Donna Swearingen.

Ronald Tulin, Douglas J. Quivey, Ronald Tulin, Ltd., Charleston, for Ronald Scroggins.

David M. Barish, Cohn, Lambert, Ryan & Schneider, Ltd., Chicago, for Appellee.

Justice RARICK delivered the opinion of the court:

Claimants, Donna Swearingen and Ronald Scroggins, sought benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1992)) for injuries received while in the employ of Henderson Trucking (Henderson). Both were long-haul truck drivers. Swearingen was a "second driver" on a two-person crew and was earning 11 cents per mile. Scroggins was a driver-in-training earning 10 cents per mile...

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