Caterpillar Tractor Co. v. Industrial Commission

I respectfully dissent from the majority holding affirming the Industrial Commission’s award. I would hold that claimant’s injury did not arise out of his employment.

The majority cites Jewel Cos. v. Industrial Comm’n (1974), 57 Ill. 2d 38, for the general rule that an injury which occurs while going to and from work on the employer’s premises is compensable. This broad statement ignores the widely varying circumstances under which such a compensable injury might occur.

Not all parking lot accidental injuries are compensable. (Peel v. Industrial Comm’n (1977), 66 Ill. 2d 257.) Although an…