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MAYHEW v. INDUSTRIAL COM'N

No. 5-98-0453WC.

710 N.E.2d 909 (1999)

304 Ill. App.3d 557

238 Ill.Dec. 112

Donald MAYHEW, Appellant, v. The INDUSTRIAL COMMISSION, et al. (Peabody Coal Company, Appellee).

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

May 4, 1999.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., Culley & Wissore Lawyers, Raleigh, for Appellant.

Richard H. Risse, Keefe & De Pauli, P.C., Fairview Heights, for Appellee.

Justice HOLDRIDGE delivered the opinion of the court:

Claimant, Donald Mayhew, filed a claim pursuant to the Illinois Workers' Occupational Diseases Act (the OD Act) (820 ILCS 310/1 et seq. (West 1992)), seeking compensation for shortness of breath and exercise intolerance that he suffered as a result of 28 years of inhalation of coal dust, rock dust, fumes, and vapors, while employed by Peabody Coal Company (the employer). The employer filed a motion to dismiss...

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