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Arcole Midwest Corp. v. Industrial Com.

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eBook details

  • Title: Arcole Midwest Corp. v. Industrial Com.
  • Author : Supreme Court of Illinois
  • Release Date : January 22, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

An arbitrator awarded permanent total disability compensation to claimant, Alvin Venters, for a back injury which arose out of and in the course of his employment with respondent, Arcole Midwest Corporation. After hearing additional testimony, the Industrial Commission sustained the decision of the arbitrator. Upon review, however, the circuit court of Macon County reversed, and claimant now appeals. The sole issue is whether the Commission's finding of total and permanent disability is against the manifest weight of the evidence. On September 27, 1972, claimant, a 34-year-old construction laborer for respondent, slipped and twisted his body while helping a co-worker carry a water pump across a muddy field. Although claimant noticed soreness in his back and legs, he finished working that day. After experiencing stiffness and pain upon getting out of bed the next day, claimant filled out an accident report at work. Respondent sent him to Dr. H.O. Hoffman, who examined the claimant and prescribed therapy for his lower back. Dr. Hoffman permitted claimant to return to work after several days of therapy but, upon returning to work, claimant's pain and stiffness increased. He treated himself with a heating pad and hot baths. On November 15, 1972, claimant was laid off work because of cold weather. He has not worked since that date although, in early 1973, he tried, unsuccessfully, to obtain work both with respondent and through his union hall. Upon Dr. Hoffman's recommendation, claimant was examined by Dr. Arthur Sweet on February 13, 1973. He saw Dr. Hoffman a few more times until June, and, at respondent's request, was examined by Dr. Joseph Ankenbrandt in December. In December, too, claimant began a two-month period of treatment by Dr. Mormino, a chiropractor.


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