Millen v. Industrial Commission

We are asked to decide whether the Industrial Commission’s decision that decedent’s death did not arise out of and in the course of his employment is contrary to the manifest weight of the evidence.

On September 20, 1979, between 7 a.m. and 7:20 a.m., Joe Millen was involved in a fatal accident while driving in Kendall County on Illinois Route 47 between Galena Road and U.S. Highway 30. On that day, decedent was employed by both respondents, Hydronics Supply Company and Kitchen Distributors of America.

Petitioner, Yvonne Millen, on behalf of Dustin Millen, decedent’s seven-year-old son, filed…