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PEABODY COAL CO. v. INDUSTRIAL COM'N

No. 5-04-0359 WC.

823 N.E.2d 1107 (2005)

355 Ill. App.3d 879

291 Ill.Dec. 521

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

Appellate Court of Illinois, Fifth District, Workers' Compensation Commission Division.

February 2, 2005.

Attorney(s) appearing for the Case

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

Culley & Wissore, Raleigh, for Appellee.

Presiding Justice McCULLOUGH delivered the opinion of the court:

On May 5, 1998, claimant, Gary B. Chalacoff, filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act (Act) (820 ILCS 310/1 through 310/27 (West 1996)), seeking benefits from employer, Peabody Coal Company. After a hearing, an arbitrator denied claimant benefits. On review, the Industrial Commission (Commission)1 reversed the arbitrator...

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