Opinion

Brink v. Industrial Commission

  • 368 Ill. 607
  • 15 N.E.2d 491
Court
Illinois Supreme Court
Filed
Apr 15, 1938
Status
Published
Author
Earthing
On the bench
Jones, Chibe, Earthing, Farthing
Cited by
20 cases

The opinion

Mr. Chibe Justice Earthing,

dissenting:

I cannot agree that the commission on review had power to grant the motion to amend the stipulation made by the parties without fraud or any other improper influence. No action was taken on the motion and an entirely new defense of interstate commerce was interposed on the hearing on review. The statute allows the parties to introduce “additional evidence” when proper notice is given, but additional evidence does not mean that the employee can assert an entirely new claim, or that the employer can withhold a defense, until after the arbitrator’s award and present it for the first time before the commission. For these reasons, I regretfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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