Penny Cab Co. v. Industrial Commission

An arbitrator for the Industrial Commission found that the claimant, Muritala Durosinmi, a taxicab driver, was an employee of the respondent, Penny Cab Company, and entitled to workmen’s compensation benefits for injuries suffered in an accident which occurred on December 4, 1971. The Commission affirmed the award, the circuit court confirmed, and the respondent has appealed under Rule 302(a). 50 Ill.2d R. 302(a).

Two issues are raised: the first concerns the Commission’s decision that the claimant was an employee rather than an independent contractor, and the second concerns the award of 5%…