# District 141, International Ass'n of MacHinists & Aerospace Workers v. Industrial Commission

> Illinois Supreme Court · April 18, 1980 · 79 Ill. 2d 544

URL: https://www.frixlaw.com/law-library/cases/9520754

## Case

- **Full name:** DISTRICT 141, INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, Appellant, v. THE INDUSTRIAL COMMISSION Et Al. (Maria A. Stutz, Appellee)
- **Court:** Illinois Supreme Court
- **Decided:** April 18, 1980
- **Citations:** 79 Ill. 2d 544; 39 Ill. Dec. 196; 404 N.E.2d 787; 1980 Ill. LEXIS 326
- **Precedential status:** Published
- **Opinion:** Dissent by Underwood
- **Judges:** Clark, Underwood, Ryan, Kluczynski
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9520754

## Opinion text

MR. JUSTICE UNDERWOOD, dissenting:
I agree that a reasonable amount of drinking may be included within the course of employment of one in claimant’s position. When that drinking reaches the degree of intoxication manifested in this record, however, a finding that a resulting injury arises out of and in the course of employment is, in my judgment, contrary to the manifest weight of the evidence. (1A A. Larson, Workmen’s Compensation sec. 34.00 (1979).) I believe the arbitrator in this case correctly denied compensation.
MR. JUSTICE KLUCZYNSKI joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9520754. Public record. Not legal advice.