Casimiro v. Industrial Commission

Petitioners Tomas and Felix Casimiro are brothers. They filed claims under the Workers’ Compensation Act (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.) for injuries sustained when they were assaulted and beaten on May 28, 1976, by fellow employees of respondent, Hinsdale Nurseries. Pursuant to stipulation, both of the claimants’ cases were consolidated for hearing before an arbitrator. The arbitrator denied compensation to the claimants, holding that they had failed to prove that they had sustained injuries arising out of and in the course of their respective employment by respondent. On…