Freeman United Coal Mining Co. v. Illinois Workers' Compensation Commission

901 N.E.2d 906, 386 Ill. App. 3d 779
CourtAppellate Court of Illinois
DecidedSeptember 29, 2008
Docket4-07-0905 WC, 4-07-0907 WC
StatusPublished
Cited by9 cases

This text of 901 N.E.2d 906 (Freeman United Coal Mining Co. v. Illinois Workers' Compensation Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeman United Coal Mining Co. v. Illinois Workers' Compensation Commission, 901 N.E.2d 906, 386 Ill. App. 3d 779 (Ill. Ct. App. 2008).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

On March 10, 2000, decedent, Kenneth Van Houten, filed an application for adjustment of claim pursuant to the Workers’ Occupational Diseases Act (820 ILCS 310/1 through 27 (West 1998)), seeking benefits from employer, Freeman United Coal Mining Company (case No. 00 — WC—13541). Decedent died on May 19, 2000. On August 2, 2000, claimant, Artis Van Houten, the surviving spouse of decedent, filed an application for adjustment of claim pursuant to the Act, seeking benefits from employer (case No. 00 — WC—41977). Following a consolidated hearing (“The living miner’s claim has been decided simultaneously with this claim arising from his subsequent death. Kenneth Van Houten v. Freeman United Coal Mining Company, [No.] 00[ — ]WC[—]13541”), an arbitrator issued a decision in which he found “[d]ecedent’s nearly 38 years of coal[-]mining exposure resulted in an occupational disease which was a causative factor in his death.” The arbitrator awarded claimant benefits under section 7 of the Act (820 ILCS 310/7 (West 2000)) and ordered employer to pay claimant $4,200 for decedent’s funeral expenses (case No. 00 — WC— 41977). The arbitrator did not award benefits in case No. 00 — WC— 13541.

Both parties sought a review of the arbitrator’s decision before the Industrial Commission (Commission). 1 In separate decisions (case Nos. 071 — WCC—0417 and 071 — WCC—0418), the Commission affirmed and adopted the arbitrator’s decision. The Commission stated in case No. 071 — WCC—0417 that “the living miner’s claim abates at the death of a miner.”

Thereafter, claimant sought a judicial review of the Commission’s decision in case No. 071 — WCC—0417, and employer sought a judicial review of the Commission’s decision in case No. 071 — WCC—0418, in the circuit court of Sangamon County. The circuit court confirmed the Commission’s decisions.

Employer appeals (No. 4 — 07—0905WC), arguing that (1) the Commission’s finding that decedent suffered an occupational disease is against the manifest weight of the evidence, (2) the Commission’s finding that decedent suffered a disability which was causally related to his occupational disease is against the manifest weight of the evidence, (3) the Commission’s finding that claimant proved decedent suffered disablement within two years after the last day of the last exposure to the hazards of the occupational disease is against the manifest weight of the evidence, (4) the Commission’s finding of a causal connection between the decedent’s death and any occupational disease is against the manifest weight of the evidence, and (5) the arbitrator abused his discretion in granting claimant’s motion to reopen proofs. We affirm.

Claimant appeals (No. 4 — 07—0907WC), arguing that the Commission’s finding that “the living miner’s claim abates at the death of a miner” is contrary to law. We reverse and remand with directions.

The parties are familiar with the evidence presented and, therefore, we will discuss it only to the extent necessary to put their arguments in context.

The 61-year-old decedent worked as a coal miner for approximately 38 years, during which time he was exposed to coal dust. He last mined coal on February 2, 1998. On March 10, 2000, decedent filed an application for adjustment of claim pursuant to the Act seeking benefits from employer (miner’s claim). Decedent died on May 19, 2000. On August 2, 2000, claimant filed an application for adjustment of claim pursuant to the Act, seeking benefits from employer (widow’s claim).

Following the consolidated hearing, the arbitrator issued a decision in which he found Drs. Lesch and Renn not credible medical witnesses. The arbitrator found (1) the more credible evidence indicated that “decedent’s occupational lung disease would have been a contributing factor in his fatal heart attack,” and (2) claimant entitled to the benefit of the presumptions set forth in section 1(d) of the Act (820 ILCS 310/1 (d) (West 2000)) by reason of the decedent’s 38 years of work in coal mines. The arbitrator concluded that “[djecedent’s nearly 38 years of coal[-]mining exposure resulted in an occupational disease which was a causative factor in his death” and awarded claimant benefits under section 7 of the Act (820 ILCS 310/7 (West 2000)) and ordered employer to pay claimant $4,200 for decedent’s funeral expenses. The arbitrator did not award benefits in the miner’s claim.

Both parties sought a review of the arbitrator’s decision before the Commission. In separate decisions, the Commission affirmed and adopted the arbitrator’s decision. The Commission stated in case No. 071 — WCC—0417 that “the living miner’s claim abates at the death of a miner.”

Thereafter, claimant sought a judicial review of the Commission’s decision in case No. 071 — WCC—0417, and employer sought a judicial review of the Commission’s decision in case No. 071 — WCC—0418, in the circuit court of Sangamon County. The circuit court confirmed the Commission’s decisions.

Employer (No. 4 — 07—0905WC) and claimant (No. 4 — 07— 0907WC) appealed, and we consolidated the appeals.

Employer first argues that the Commission’s finding that decedent suffered an occupational disease is against the manifest weight of the evidence. We disagree.

“[I]t is the province of the *** Commission to weigh the evidence and draw reasonable inferences therefrom in the first instance, and we will not overturn its findings simply because a different inference could be drawn.” Niles Police Department v. Industrial Comm’n, 83 Ill. 2d 528, 533-34, 416 N.E.2d 243, 245 (1981). Interpretation of medical testimony is particularly within the province of the Commission. A.O. Smith Corp. v. Industrial Comm’n, 51 Ill. 2d 533, 536-37, 283 N.E.2d 875, 877 (1972). “Before a reviewing court may overturn a decision of the *** Commission, it must find that the award was contrary to law or that the Commission’s factual determinations were against the manifest weight of the evidence.” Freeman United Coal Mining Co. v. Industrial Comm’n, 188 Ill. 2d 243, 245, 720 N.E.2d 1063, 1065 (1999).

In this case, the Commission affirmed and adopted the arbitrator’s decision. The arbitrator noted Dr. Jeffrey Liang’s testimony that decedent suffered chronic lung disease in the form of hypoxemia. Dr. Liang opined that decedent’s mine-dust exposure would have been a causative factor in his condition. Dr. William Houser testified that decedent suffered from CWP (coal workers pneumoconiosis) and that decedent’s CWP was causally related to his exposure to coal dust. Dr.

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Bluebook (online)
901 N.E.2d 906, 386 Ill. App. 3d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-united-coal-mining-co-v-illinois-workers-compensation-commission-illappct-2008.