Montgomery Tank Lines v. Industrial Commission

Claimant, Carole Utter, sought death benefits pursuant to the Workers’ Compensation Act (Ill. Rev. Stat. 1985, ch. 48, par. 138.1 et seq.) (the Act) for the death of her husband, James Utter, while in the employ of respondent Montgomery Tank Lines (MTL). James Utter was a truck driver for MTL and was killed in Indiana on September 30, 1986, in a work-related accident. Utter and his family lived in Lake Village, Indiana, having moved there from Lansing, Illinois, in September of 1973.

Decedent began working for MTL in October of 1979. He applied for employment as a driver at MTL’s office in…