Kerz v. Industrial Commission

This appeal is taken from an order of the circuit court of Cook County reversing the decision of the arbitrator and the Industrial Commission and granting compensation to the claimant-appellee. The sole issue in dispute is whether the circuit court erred in entering its own award where both the arbitrator and the Industrial Commission held that the decedent did not suffer accidental death arising out of and in the course of his employment.

Decedent, Frank Kerz, was employed as a boiler operator at a Commonwealth Edison plant in Chicago. His normal work shift was from 11:00 P.M. to 7:00 A.M.…