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HERLIHY MID-CONTINENT CO. v. INDUSTRIAL COM'N

No. 1-92-1437WC.

625 N.E.2d 108 (1993)

252 Ill. App.3d 211

192 Ill.Dec. 148

HERLIHY MID-CONTINENT COMPANY, Appellant, v. The INDUSTRIAL COMMISSION and David Kutina, Appellees.

Appellate Court of Illinois, First District, Industrial Commission Division.

August 13, 1993.

Attorney(s) appearing for the Case

Garofalo, Hanson, Schreiber & Vandlik, Chartered, Chicago, for appellant.

Frederick S. Grahn, Grahn & Grahn, Ltd., Chicago, for appellees.

Justice WOODWARD delivered the opinion of the court:

On October 8, 1986, claimant, David Kutina, filed an application for adjustment of claim pursuant to the Workers' Compensation Act (Act) (Ill.Rev.Stat.1985, ch. 48, ¶138.1 et seq.). Therein he alleged injuries to his back and legs arising out of and in the course of his employment with the employer, Herlihy Mid-Continent Company. After a hearing held on February 25, 1989, the arbitrator issued a "Memorandum...

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