Document Yrgry48BpZDmkbZKjrMYZo5bD

^OBERJ L. Mu k l IKR Ruutin F.. D.w i.in De n n is S. O'Bk IF.n L. RnHh.Ki Mu e l l e r Ke v in j. Da v i.in Al l e n G. Mu e l l e r Th o ma s Ma r k Sc h mid t (JUj j > -(3U\ -$(<1-5111 OM^- * St3 8 LIVINGSTON K, MULLLKR, O'BRIKN & DAVI.IN, P.C Altvmry\ nl !.air 620 La s i Ho w a r d s St r e et * Po s t Orm:k Box 335 Sf r in g mi l i), Il l in o is 62705 Tk i.f .w io n k (217) r>25-1070 January 27, 1989 FORMERLY Liv in g s t o n e , Mu e l l e r , Dr a k e AND Da v I.IN Liv in g s t o n e , Mu e i-l r k , Gu n n in g , O'Br ie n & Da v l in , F.G. G, A. Liv in g s t o n e . 1896-1982 Le s l ie V. Dk a k f 1895-1971 Ms, Christine Nelson Senior Claims Administrator Self-Insurers Service, Inc. Ill East Wacker Drive Chicago, Illinois 60601 REDACTED In re: vs. Sherwin Williams Your File No. L9935-1-80 Date of Incident: April 15, 1981 Dear Ms. Nelson: This letter follows our telephone discussion Thursday afternoon, January 26, 1989. I want to reiterate my recom mendation that neither avenue of appeal be attempted. The opinion of the Appellate Court is rather straight forward. Basically they say that this whole matter is a manifest weight of evidence decision; that the industrial Commission is the trior of facts; judges credibility of witnesses, and can make reasonable inferences from the evidence. The Appellate tribunal tries not to substitute its judgment for that of the Commission unless, "no rational trier of fact could have agreed with the agencies (Com mission's) decision. That rationale is elsewhere stated on page 6: "A reviewing Court should neither overturn the Com mission's findings simply because a different inference could be drawn nor otherwise substitute its judgment for that of the Commission." This affirming of a Commission decision on a factual determination is seen over and over again. We have to recognize that the opinion of the Appellate Court, affirming the Industrial Commission's decision, was unanimous. There wax no dissent. This gives a clue as to the meascu of success in filing a petition for rehearing or seeking leave to appeal to the Supreme Court. In filing for rehearing we axe. in essence asking the Appellate Court to do what it has already done, or, to pass the case along to the Supreme Court for one of the reasons set forth in Supreme N40305 0007-SWP-005801152 CONFIDENTIAL