United Airlines v. Industrial Commission

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

This record presents a problem in workmen’s compensation law. Upon direct appeal from the circuit court to the supreme court (Ill. Rev. Stat. 1979, ch. 110A, par. 302(a)), one judge of the supreme court recused himself. The remaining members of the court were divided in their views of the case. The appeal was accordingly transferred to this court.

The parties hereto, United Airlines (plaintiff) and the surviving widow and children of a deceased employee (defendants), stipulated before the arbitrator that David McKellar died on…