Johnston v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2017 IL App (2d) 160010WC
Decision Date: 
Thursday, April 13, 2017
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
HARRIS

Firefighter filed for workers' compensation benefits, alleging injuries from shoveling snow in fire department parking lot. Commission's determination that heart attack did not arise out of his employment was not against manifest weight of evidence. Employer rebutted presumption by showing claimant's smoking history. Testimony of physician was about  medical research generally supporting correlation between firefighter's occupational exposure and development of coronary artery disease, but was not making correlation specifically as to claimant. (HOFFMAN, HUDSON, and MOORE, concurring; HOLDRIDGE, dissenting.)