[DOWNLOAD] "People v. Chatman" by Illinois Appellate Court — First District (5Th Division) Judgment Affirmed " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Chatman
- Author : Illinois Appellate Court — First District (5Th Division) Judgment Affirmed
- Release Date : January 18, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
An arbitrator denied Alice Doyle, the claimant, compensation under the Workmens Compensation Act (Ill. Rev. Stat. 1975, ch. 48, par. 138.1 et seq.). Upon review, the Industrial Commission affirmed the decision of the arbitrator and on certiorari the circuit court of Livingston County set aside the decision of the Commission and remanded the matter to the Commission for a new hearing. Respondent, Capitol Dairy Queen, Inc., appealed to this court pursuant to Rule 302(a) (73 Ill.2d R. 302(a)). This court dismissed respondents appeal for want of an appealable order. (See Allis-Chalmers Manufacturing Co. v. Industrial Com. (1971), 50 Ill.2d 2, 5.) Page 367 A new hearing and oral argument were held before the Commission. The Commission issued a decision and opinion pursuant to the remanding order of the circuit court. In the opinion the Commission stated that the circuit court order setting aside the Commissions prior decision and remanding the cause for a new hearing was unclear as to the reason for the order. Therefore, the Commission rendered its decision in the alternative. The Commission first found that the claimant had failed to prove a causal connection between her condition of ill-being and any activities performed in the course of her employment prior to the onset of her condition of ill-being. In the alternative, the Commission stated that if the circuit court had determined that there was no factual dispute as to the existence of a causal connection between claimants work at the Dairy Queen and her condition of ill-being, and if the case had been remanded merely to determine the nature and extent of claimants disability and not to decide any factual dispute, then the claimant was permanently and totally disabled.