Orsini v. Industrial Commission

I disagree with the result reached by the majority. Also I believe that Mazursky v. Industrial Com. (1936), 364 Ill. 445, 4 N.E.2d 823, even though a 1936 decision, is viable and controlling. I must observe, however, that the potential benefit to Mazursky’s employer might today be given more consideration.

The majority fails to acknowledge that the overriding two-pronged test for determining compensability is whether the injury arose out of and in the course of the employment. However, certainly within a proper factual setting the evidence of acquiescence by the employer may determine whether…