Orsini v. Industrial Commission

Respondent, Wilmette Texaco, appeals from a judgment of the circuit court of Cook County reversing a decision by a three-to-two majority of the Industrial Commission denying a claim for workers’ compensation benefits by petitioner, Leonard Orsini. The question is whether the trial court erred in finding as a matter of law that petitioner was entitled to benefits “because of the employer’s acquiescence in the allowing of Orsini to work on his own vehicle during regular work hours.” We affirm.

The essential facts are undisputed. Petitioner was employed by respondent as a mechanic at respondent’s…