(Download) "Glover v. Industrial Com." by Illinois Appellate Court ? Third District (Industrial Commission Division) Judgment Affirmed # Book PDF Kindle ePub Free
eBook details
- Title: Glover v. Industrial Com.
- Author : Illinois Appellate Court ? Third District (Industrial Commission Division) Judgment Affirmed
- Release Date : January 14, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Petitioner, Carlos Glover, filed an application for adjustment of his claim under the Workers' Compensation Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.1 et seq.) for injuries he sustained to his back, neck and arms while he was employed by respondent Pabst Brewing Company. Arbitrator Warren Metts awarded petitioner 1.86 weeks of temporary total disability benefits under section 8(b) of the Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.8(b)) and ordered Glover's employer to pay $435 for necessary medical services under section 8(a) of the Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.8(a)). The arbitrator denied petitioner's claim for any further compensation, holding that petitioner had failed to prove any permanent disability on account of his injuries. Both Glover and his employer petitioned the Industrial Commission for review of the decision of the arbitrator. On May 21, 1984, the Industrial Commission issued a predecision memorandum on review indicating that it was the decision of the Industrial Commission to affirm the decision of the arbitrator. The notice of the predecision memorandum on review stated that, unless requested by the parties, the published decision of the Industrial Commission would not contain the reasons for the decision, findings of fact or conclusions of law, all of which by virtue of section 19(e) of the Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.19(e)) are required to be made in writing. The notice stated that the absence of such a request would constitute a waiver of the requirement. Neither party filed any such request, and the Industrial Commission on July 12, 1984, issued a summary decision on review affirming the decision of the arbitrator. Glover sought review of the decision of the Industrial Commission in the circuit court of Peoria County. The circuit court confirmed the award of medical expenses and the denial of permanent disability benefits but held that the award of temporary total disability benefits was contrary to the manifest weight of the evidence and increased the award from 1.86 weeks to 2 6/7 weeks of temporary total disability benefits. Glover has perfected the instant appeal to this court. On appeal, petitioner contends that: (1) the Industrial Commission failed to conduct an independent evaluation of the evidence; and (2) the decision of the Industrial Commission finding the petitioner had sustained no permanent disability is against the manifest weight of the evidence.