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DAWSON v. WORKERS' COMPENSATION COM'N

No. 5-07-0339WC.

888 N.E.2d 135 (2008)

Larry DAWSON, Appellant, v. WORKERS' COMPENSATION COMMISSION et al. (Alexi Giannoulias, State Treasurer and Ex-Officio Custodian of the Rate Adjustment Fund and Freeman United Coal Mining Co., Appellees).

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

April 15, 2008.

Attorney(s) appearing for the Case

Roman P. Kuppart, Harold B. Culley, Jr., Culley & Wissore, Raleigh, IL, for Appellant.

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

Presiding Justice McCULLOUGH delivered the opinion of the court:

On November 21, 2000, claimant, Larry Dawson, filed an application for adjustment of claim pursuant to the Workers' Occupational Diseases Act (820 ILCS 310/1 through 27 (West 1998)), seeking benefits from employer, Freeman United Coal Mining Company. After a hearing, the arbitrator found claimant suffered coal worker's pneumoconiosis (CWP) caused by his exposure to coal dust and awarded claimant permanent...

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