Curtis v. Industrial Commission

PRESIDING JUSTICE BARRY,

specially concurring:

I concur with the result reached in the majority opinion. However, I cannot subscribe to all of my colleagues’ reasoning. In my opinion, the fact that the petitioner was performing a self-benefiting activity and that such activity was not within the duties of his employment, as found below, defeats a finding that petitioner’s injury “arose out of’ his employment. See Orsini v. Industrial Com. (1986), 142 Ill. App. 3d 540, 548-50, 491 N.E.2d 1360, 1366-67 (Barry, J., dissenting).

As the majority correctly concludes, there was evidence presented here…