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SIMBURGER v. INDUSTRIAL COM.

No. 5-85-0106WC.

140 Ill. App.3d 371 (1986)

488 N.E.2d 1027

LOREN D. SIMBURGER, Appellant, v. THE INDUSTRIAL COMMISSION et al. (Consolidation Coal Company, Appellee).

Appellate Court of Illinois — Fifth District (Industrial Commission Division).

Rehearing denied February 24, 1986.

Attorney(s) appearing for the Case

Peter C. Drummond, of Staunton, for appellant.

Robert Hendershot, of Evans & Dixon, of St. Louis, Missouri, for appellee.

Reversed and remanded.

PRESIDING JUSTICE WEBBER delivered the opinion of the court:

Claimant Loren D. Simburger filed an application for adjustment of claim against respondent Consolidation Coal Company. An arbitrator concluded that claimant had failed to prove that he had sustained an accidental injury. On review the Industrial Commission affirmed the decision of the arbitrator, and on further review the circuit court of Montgomery County confirmed the Commission...

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