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PEABODY COAL CO. v. INDUSTRIAL COM'N

No. 5-03-0678 WC.

812 N.E.2d 59 (2004)

349 Ill.App.3d 493

285 Ill.Dec. 470

PEABODY COAL COMPANY, Appellant, v. The INDUSTRIAL COMMISSION et al. (Francis Miskle and Judy Barr Topinka, State Treasurer and Ex-Officio Custodian of the Rate Adjustment Fund, Appellees).

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

June 16, 2004.

Attorney(s) appearing for the Case

Kevin M. Hazlett, Kevin M. Hazlett, P.C., Swansea, IL, for Appellant.

Harold B. Culley, Jr., Culley & Wissore, Raleigh, IL, for Appellee.

Justice GOLDENHERSH delivered the opinion of the court:

On December 8, 1997, the claimant, Francis Miskle, filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act (Act) (820 ILCS 310/1 et seq. (West 1996)). The claimant alleged he was disabled as the result of an occupational disease that arose out of his employment with Peabody Coal Company (the employer). Following a hearing, the arbitrator found that the claimant suffered...

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