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02/10/94 OLD BEN COAL COMPANY v. INDUSTRIAL

February 10, 1994

OLD BEN COAL COMPANY, APPELLEE,
v.
THE INDUSTRIAL COMMISSION ET AL. (PATRICK QUINN, STATE TREASURER AND EX-OFFICIO CUSTODIAN OF THE RATE ADJUSTMENT FUND, AND ANDY BIAL, APPELLANT).



Appeal from the Circuit Court of Franklin County. No. 91-MR-6. Honorable Leo T. Desmond, Judge Presiding.

As Modified on Denial of Rehearing June 7, 1994.

McCULLOUGH, Rakowski, Woodward, Slater, Rarick

The opinion of the court was delivered by: Mccullough

ORDER

This cause has been considered on appellant's petition for rehearing or, in the alternative, request for a finding that the case involves a substantial question warranting consideration by the Illinois Supreme Court, and the court being advised in the premises finds:

That on February 10, 1994, this court filed its decision in this cause;

That on February 23, 1994, appellant filed a petition for rehearing or, in the alternative, request for a finding that the case involves a substantial question warranting consideration by the Illinois Supreme Court;

That today this court is filing a modified opinion on denial of rehearing; and

That Judge Philip J. Rarick has certified that the case in question involves a substantial question which warrants consideration by the Illinois Supreme Court.

IT IS THEREFORE ORDERED that appellant's petition for rehearing shall be, and the same hereby is, DENIED.

IT IS FURTHER ORDERED that the modified opinion filed today shall stand as the decision of this court.

IT IS FURTHER ORDERED that appellant's alternative request for certification to the supreme court shall be, and the same is hereby, GRANTED.

MODIFIED ON DENIAL OF REHEARING

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court:

This is an appeal by claimant Andy Bial from an order of the circuit court of Franklin County reversing the decision of the Illinois Industrial Commission (Commission) as being against the manifest weight of the evidence and reinstating the arbitrator's award. The Commission had found claimant to be permanently, totally disabled under section 8(f) of the Workers' Compensation Act (Act) (Ill. Rev. Stat. 1989, ch. 48, par. 138.8(f)) and awarded the claimant $353.19 per week for life. The arbitrator had found claimant to have a permanent partial disability to the extent of 15% and awarded claimant $264.89 per week for 75 weeks. Ill. Rev. Stat. 1989, ch. 48, par. 138.8(d).

The Commission in its decision awarding permanent total disability (PTD) benefits stated its rationale was, "In support of said modification, the Commission relies upon the medical evidence." On appeal, the only issue is whether the Commission's decision was against the ...


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