American Coal Co. v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2020 IL App (5th) 190522WC
Decision Date: 
Monday, November 16, 2020
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

Claimant filed claim for benefits under Workers' Occupational Diseases Act for injuries he alleged were caused by exposure to coal dust during his 40-year work as a coal miner. Arbitrator denied claim for benefits. There was sufficient evidence to support Commission's implicit finding that claimant proved that he suffered timely disablement, and its judgment as to impairment. Workers' Compensation Commission affirmed arbitrator's decision in part and reversed in part. Commission affirmed arbitrator's finding that claimant failed to prove that he suffered from coal miner's pneumoconiosis. Commission's finding that claimant sustained COPD and chronic bronchitis which was causally related to his employment was not against manifest weight of evidence. Commission found that claimant was permanently disabled to extent of 10% of the person as a whole and ordered employer to pay claimant permanent partial disability (PPD) benefits for 50 weeks. c(HOFFMAN, HUDSON, CAVANAGH, and BARBERIS, concurring.)