O'Brien v. Industrial Commission

The arbitrator awarded the petitioner compensation under the Workmen’s Compensation Act. The Commission reversed the decision of the arbitrator. On certiorari the circuit court of Lee County reversed the decision of the Commission and reinstated the arbitrator’s award. This is an appeal from the judgment of that court. (Ill. Rev. Stat. 1969, ch. 48, par. 138.19(f)(2).) The sole question presented is whether an employer-employee relationship existed between respondent and petitioner at the time of the injury.

Herschel O’Brien (petitioner), owned and operated a gasoline station. He resided in a…