Montgomery Elevator Co. v. Industrial Commission

The employee, Richard A. Sabaski (claimant), filed an application for adjustment of claim pursuant to the Workers’ Compensation Act (Act) (111. Rev. Stat. 1987, ch. 48, par. 138.1 et seq.) against Montgomery Elevator Company (employer) alleging that he sustained a work-related injury. Following a hearing, the arbitrator denied benefits and the Industrial Commission (Commission) affirmed. On judicial review, the circuit court set aside the Commission’s decision, finding it to be against the manifest weight of the evidence.

The sole issue on appeal is whether the Commission’s decision that the…