Monterey Coal Co. v. Industrial Commission

On the day he returned to work after a 16-week hiatus due to a strike, the claimant, Ray A. Caver, was injured. The arbitrator entered an award of compensation for the claimant based on his average weekly earnings for the year next preceding the injury, minus the 16 weeks the claimant was absent because of the strike. The Industrial Commission affirmed the arbitrator’s award, and the circuit court of Macoupin County confirmed the decision of the Commission. An appeal was taken pursuant to Rule 302(a). 73 Ill. 2d R. 302(a).

The claimant had been employed by the respondent, Monterey Coal Company…