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WESTINGHOUSE AIRBRAKE CO. v. INDUS. COM'N

No. 3-98-0470 WC.

715 N.E.2d 294 (1999)

306 Ill. App.3d 853

239 Ill.Dec. 849

WESTINGHOUSE AIRBRAKE CO., Appellant, v. The INDUSTRIAL COMMISSION et al. (Ophie D. Brook, surviving spouse of Lawrence H. Brook, Appellee). Howard Printing Company and CNA Insurance Companies, Appellants, v. The Industrial Commission et al. (Bertha Heller, surviving spouse of Lyle Heller, Appellee). Howard Printing Company and CNA Insurance Companies, Appellants, v. The Industrial Commission et al. (Lyle Heller, Appellee).

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

July 29, 1999.

Attorney(s) appearing for the Case

Andrew R. Makauskas, Brady, Connolly & Masuda, P.C., Chicago, for CNA Insurance Companies, Howard Printing Company.

Timothy J. Cassidy, Cassidy & Mueller, Peoria, for Appellant.

John A. Slevin, Vonachen, Lawless, Trager & Slevin, Peoria, for Bertha Heller.

Justice COLWELL delivered the opinion of the court:

This matter comes before the court as an interlocutory appeal pursuant to Supreme Court Rule 308(a). 155 Ill.2d R. 308(a). We are asked to determine the following questions of law:

"(a) Whether claims for injuries due to asbestos exposure can be brought under the Workers' Compensation Act. (b) Whether Section 1(f) of the Occupational Disease (sic) Act applies to claims of injury from asbestos...

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