Reynolds v. Industrial Commission

I respectfully dissent.

It appears to me that the majority has lost sight of the fact that the petitioner’s burden of proof is to be measured by a mere preponderance of credible evidence standard-no less, no more. (Smith v. Industrial Com. (1983), 98 Ill. 2d 20; Keystone Steel & Wire Co. v. Industrial Com. (1978), 73 Ill. 2d 269, 383 N.E.2d 216.) Even though the mere fact that a petitioner’s version is unrebutted will not necessarily mandate an award, the petitioner’s proof of each element of his claim by what appears to be credible evidence cannot be ignored by the Commission in favor of…