Estate of Burns v. Consolidation Coal Company

Widow filed claim for benefits under Workers' Occupational Diseases Act, alleging that husband was disabled and died as a result of diseases arising out of his employment as a coal miner for 38 years. Workers' Compensation Commission affirmed and adopted arbitrator's award of death benefits and burial expenses. Estate contended that $89,865 paid by employer was not full amount due and owing per Commission's award, and filed motion to enforce judgment in circuit court under Section 19(g) of Workers' Compensation Act. Employer was not entitled to offset amount of federal claim against workers' compensation benefits under Section 19(g). As alleged settlement agreement was not presented to Commission, in Section 19(g) proceedings, court could not consider the agreement and could only review Commission's award. (CATES and WELCH, concurring.)