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eBook details

• Title: International Harvester v. Industrial Com.
• Author : Supreme Court of Illinois
• Release Date : January 18, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

An arbitrator for the Industrial Commission awarded the claimant, Curtis Ladewig, medical benefits, a sum for temporary total incapacity, and 40% permanent disability under the Workmen's Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.1 et seq.). The Industrial Commission affirmed the award. On certiorari the circuit court of Lake County reversed the decision of the Industrial Commission. The court found that the claimant had failed to carry his burden of proving that his condition was causally related to an accidental injury. The court order stated, At best, petitioner established an equal probability, both that it was related and that it was not related. Claimant appealed to this court under Rule 302(a). 73 Ill.2d R. 302(a). Before the arbitrator, Dr. David Heinrich, an internal medicine specialist, testified that he had been the treating physician of the claimant for about nine years preceding an accidental injury which occurred on December 20, 1978. He first treated the claimant in 1970 for bronchial pneumonia, and the following year he removed a cervical disc. In 1972, Dr. Heinrich performed additional surgery to repair massive adhesions in the stomach area, which had developed as a result of surgery that had been performed by another surgeon prior to the time Dr. Heinrich treated claimant for bronchial pneumonia. Following this repair surgery, another physician discovered claimant had developed an incisional hernia. Following surgery for this condition, a company physician placed claimant on a work restriction which prevented him from lifting more than 20 pounds.

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