Document dno2BaG74kwERr54wBq2LDYBQ
REDACTED REDACTED
Ro b e r t E. Da v l in
Ric h a r d W. Gu n n in g
De n n is S. O'Br ie n L. Ro b e r t Mu e l l e r Ke v in J. Da v l in
LIVINGSTONE, MUELLER, GUNNING, O'BRIEN & DAVLIN, P.C.
620 Ea s t Ed w a r d s St r e e t Po s t Of f ic e Bo x 335 Sp r in g f ie l d , Il l in o is 62705
Te l e p h o n e (217) 525-1070
December 27, 1985
Liv in g s t o n e , Mu e l l e r , Dr a k e a n d Da v l in
C. A. Liv in g s t o n e
1896-1982
Le s l ie V. Dr a k e
1895-1971
Mr. Steven Borgstrctn Raymond Sheakley & Associates 18W100 22nd Street, Suite 124 Oakbrook Terrace, Illinois 60181
Dear Stpve:
In re:
8209 00116 May 15, 1981
v. Sherwin-Williams
I'm attaching a copy of the Notice Of Decision Of Arbitrator and of the De
cision Of Arbitrator received the morning of Friday, December 27, 1985. Ar
bitrator Boyd has denied compensation, finding a failure to prove the death
arose out of and in the course of employment, and a failure to prove that the
condition from which
died was causally related to his employment.
Petitioner's attorney has fifteen (15) days from his receipt of the Decision in which to file a Petition For Review. We could expect a hearing on review scheduled as early as April or May, 1986. The second stage of the review process, oral argu ments, could then be scheduled in the fall, perhaps October or November. There is no real pattern to this scheduling, so I can only give a guess.
As we discussed over the telephone earlier today, I cannot conceive of any new evidence being offered at the time of the hearing on review. It has been a rule of the Industrial Commission, now codified, that evidence available at the time of hearing on arbitration will not be accepted at a hearing on review.
Therefore we will wait out John Larsen's likely filing of a Petition For Review, then the scheduling before Ccnmissioner Dennis Douglas. I shall keep you closely advised.
In the meantime I am assuming to send an interim statement for services, beginning after the date of our last statement which was sent July 18, 1983.
With best personal regards, I am
Very truly yours.
Robert L. Mueller RLM: In l
Enc.
N40326
0007-SWP-005801309 CONFIDENTIAL