O'Neal Bros. Construction Co. v. Industrial Commission

This is an appeal from an order of the circuit court of Vermilion County confirming an Industrial Commission award of disability benefits, penalties and attorney fees for an accident allegedly suffered by Floyd Barbee while at work on May 10, 1979. We affirm the circuit court as to the award but reverse as to the penalties and attorney fees.

Barbee operated bulldozers, cranes and earth-moving equipment for O’Neal Brothers, a construction company. Prior to 1977 he had had surgery on his right knee and had an osteoarthritic condition that caused spur formations to form in the lumbar and lower…