Durbin v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Experts
Citation
Case Number: 
2016 IL App (4th) 150088WC
Decision Date: 
Thursday, July 21, 2016
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
HARRIS

Plaintiff filed claim for benefits from employer, pursuant to Workers' Occupational Diseases Act, alleging injury to his lungs in form of COPD due to exposure to irritants. Arbitrator found that claimant failed to prove occupational disease caused by workplace exposure and denied him benefits under the Act. Arbitrator properly barred expert's causation opinion, as it is not based on scientific methodology or principle that has gained general acceptance in relevant scientific community, and it was thus inadmissible under Frye and Rule 702. Expert's opinion was based on 2 publications, only 1 of which was peer-reviewed. Employer's expert disagreed with those opinions. Commission's finding that Plaintiff failed to show that he suffered occupational disease was not against manifest weight of evidence. Employer's expert, who performed IME, attributed Plaintiff's COPD to various factors, including smoking history, asthma, obestiy, and family history.(HOLDRIDGE, HOFFMAN, HUDSON, and STEWART, concurrint.)