Galiher v. Industrial Commission

I respectfully dissent.

While I agree with the majority that, contrary to the claimant’s assertion, the issue of whether an estoppel arose is a question of fact, I believe that the Commission’s decision was contrary to the manifest weight of the evidence, and that the circuit court’s finding that respondent was estopped from asserting the statute of limitations should be affirmed.

Clearly, there is a factual dispute with respect to whether there was any discussion at the May 1985 meeting regarding the statute of limitations. Drake testified that he told claimant that he had three years from the…