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INTERSTATE SCAFFOLDING, INC. v. COM'N

No. 107852.

923 N.E.2d 266 (2010)

236 Ill.2d 132

INTERSTATE SCAFFOLDING, INC., Appellee, v. The ILLINOIS WORKERS' COMPENSATION COMMISSION et al. (Jeff Urban, Appellant).

Supreme Court of Illinois.

January 22, 2010.

Attorney(s) appearing for the Case

Mitchell W. Horwitz, Marc A. Perper, Patrick Serowka, of Horwitz, Horwitz & Associates, Ltd., and William J. Harte, Ronald J. Lukes, all of Chicago, for appellant.

William J. Cook and Anthony J. Cacchillo, Chicago, for appellee.

David B. Menchetti, of Cullen, Haskins, Nicholson & Menchetti, P.C., Chicago, for amicus curiae Illinois AFL-CIO.

Kurt A. Niermann, of Presbrey & Associates PC, Aurora, and Bruce R. Pfaff, of Pfaff & Gill Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.

Karen L. Kendall and Brad A. Elward, of Heyl, Royster, Voelker & Allen, Peoria, for amicus curiae Illinois Defense Trial Counsel.

Nyhan, Bambrick, Kinzie & Lowry, P.C., Chicago (Christopher J. Gibbons and Richard A. Kimnach, of counsel), for amicus curiae Illinois Self Insurers Association.

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

In this appeal we are asked to consider whether an employer's obligation to pay temporary total disability (TTD) workers' compensation benefits to an employee who was injured in the course of his employment ceases when the employer terminates the employee for conduct unrelated to the injury. For reasons that follow, we hold that when an employee who is entitled to receive workers' compensation...

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