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BANKS v. INDUSTRIAL COM'N

No. 5-03-0343 WC.

804 N.E.2d 629 (2004)

345 Ill. App.3d 1138

281 Ill.Dec. 664

Johnnie D. BANKS, Jr., Appellant, v. The INDUSTRIAL COMMISSION et al. (Mariah Boats, Appellee).

Appellate Court of Illinois, Fifth District.

January 28, 2004.

Attorney(s) appearing for the Case

Ron D. Coffel, Ron D. Coffel & Associates, Benton, for Appellant.

Kenton J. Owens, Brandon, Schmidt, Goffinet & Solverson, Carbondale, for Appellee.

Justice CALLUM delivered the opinion of the court:

I. INTRODUCTION

On November 2, 1995, claimant, Johnnie D. Banks, Jr., filed an application for adjustment of his claim under the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1994)). On April 21, 1999, an arbitrator dismissed his claim for want of prosecution. On June 28, 1999, claimant's counsel petitioned to reinstate the claim but did not set a hearing on the petition. Claimant...

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