# Smith v. Industrial Commission

> Appellate Court of Illinois · October 13, 1999 · 308 Ill. App. 3d 260

URL: https://www.frixlaw.com/law-library/cases/9709842

## Case

- **Full name:** MARIANNE SMITH, Appellant, v. THE INDUSTRIAL COMMISSION Et Al. (Burns Security, Appellee.)
- **Court:** Appellate Court of Illinois
- **Decided:** October 13, 1999
- **Citations:** 308 Ill. App. 3d 260; 241 Ill. Dec. 468; 719 N.E.2d 329; 1999 Ill. App. LEXIS 732
- **Precedential status:** Published
- **Opinion:** Concurrence by Rakowski
- **Judges:** Holdridge, Rakowski
- **Cited by:** 6 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/9709842

## Opinion text

JUSTICE RAKOWSKI, specially concurring:
I agree with the majority that claimant is entitled to an award pursuant to section 8(d)(1). I write separately because I would remand this cause to the Commission to consider the arbitrator’s section 8(d)(1) award.
This is not a case where the arbitrator and the Commission were dealing with the same issue. Consider, for example, a situation where the arbitrator awarded 80% of the person as a whole which the Commission modified to a lessor amount. In such a situation, if we conclude that the Commission’s decision was against the manifest weight of the evidence, we may reinstate the arbitrator’s award. Both the arbitrator and the Commission considered the same issue, percentage of a person as a whole, with differing results.
In the instant case, the Commission vacated the arbitrator’s section 8(d)(1) award and made an award pursuant to section 8(d)(2). The Commission only addressed the propriety of a section 8(d)(1) award. In that we have concluded that section 8(d)(1) is proper, the Commission should now address the amount. By reinstating the arbitrator’s award, the majority has denied Commission review of the arbitrator’s decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9709842. Public record. Not legal advice.