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SETZEKORN v. INDUSTRIAL COM'N

No. 5-03-0695 WC.

820 N.E.2d 586 (2004)

353 Ill. App.3d 1049

289 Ill.Dec. 810

Dora Ann SETZEKORN, widow of Henry Setzekorn, Appellant, v. The INDUSTRIAL COMMISSION et al. (Judy Barr-Topinka, State Treasurer and Ex-Officio Custodian of the Rate Adjustment Fund and Freeman United Coal Mining Co., Appellees).

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

December 2, 2004.

Attorney(s) appearing for the Case

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

Kenneth F. Werts, Julie A. Webb, Craig & Craig, Mt. Vernon, for Appellees.

Presiding Justice McCULLOUGH delivered the opinion of the court:

On December 26, 1997, claimant, Dora Ann Setzekorn, the surviving spouse of Henry Setzekorn (decedent), filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act (Act) (820 ILCS 310/1 through 27 (West 1996)), seeking benefits from Freeman United Coal Mining Company (Freeman). After a hearing, the arbitrator denied claimant benefits. On review, the Industrial Commission...

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