Gross v. Illinois Workers’ Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2011 IL App (4th) 100615WC
Decision Date: 
Thursday, October 6, 2011
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed and remanded.
Justice: 
STEWART
Retired coal miner filed claim for benefits under Workers' Occupational Diseases Act, alleging that his lungs and/or heart were affected by inhalation of coal dust for more than 39 years. One physician assessed Claimant with mild COPD, caused by a combination of his former cigarette smoking and his exposure to coal and rock dust. Commission erred in accepting opinion of other physician, that COPD was caused solely by Claimant's cigarette smoking, as he failed to give adequate explanation of basis of his opinion. To recover compensation under Occupational Diseases Act, a claimant must prove that a causal connection exists between the disease and his employment, but it need not be the sole or principal causative factor. (HOFFMAN, HUDSON, and HOLDRIDGE, concurring; McCULLOUGH, dissenting.)