Document pmxa3jJ1p9zzNwmQko0ejY1YD
Ro ber t L. Mu el l er
Ro b e r t E. Da v u n Den n is S. O'Br ie n L. Ro b e r t Mu e l l e r Ke v w J. Da v l in Al l e n C. Mu e l l e r Th o ma s Ma r k Sc h mid t
LIVINGSTONE, MUELLER, O'BRIEN & DAVLIN, P.C.
Attorneys at Law
620 Eas 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
Tel eph o n e (217) 525-1070
May 5, 1988
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Dr a k i 3 Da v l in Liv in g s ! , 4vl-uE?g,
Gu n n in g , O'Br ie n & Da v l in , P.C.
C. A. Liv in g s t o n e 1896-1982
Le s l ie V. Dr a k e 1895-1971
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Ms. Cheryl Carver Self Insurers Service 55 East Monroe Chicago, Illinois 60603
Dear Ms. Carver:
In re:
Widow of Sherwin Williams April 15, 1981
deceased v.
The hearing before the Circuit Court, Montgomery County, Illinois scheduled for April 4, 1988 was continued to April 25, 1988 at my request. On the latter date, John Larsen, the attorney for the widow, and I appeared before Circuit Judge Mark M. Joy.
Judge Joy had read a good part of the file which* had been certified to the court by the Industrial Commission. After the hearing, both Mr. Larsen and I remarked, one to the other, that we were gratified that the judge had knowledge of the file, and the evidence therein. My attack was, of course, against the Industrial Commission De cision which had reversed that of the arbitrator. I stressed that the wording of the Commission Decision was such that I did not feel that the Commission had command of the evidence within the file, and that the conclusion the Commission reached was against the manifest weight of that evidence.
The Order of the Circuit Court was received here Tuesday, May 3, 1988. A copy is attached. Judge Joy has set aside the Decision of the Industrial Commission, finding it against the manifest weight of the evidence.
We can expect the widow to appeal this Decision to the Appellate Court, Workers' Compensation Division. As you are aware, that is a long process of scheduling, briefs, and finally argument before that court either in Chicago or Springfield. The whole process ordinarily consumes in excess of a year.
If either you or Mr. Colangelo have any questions, please do not be hesitant to call me.
We have reached an hiatal period in the procedures on this case, and I am assuming to forward an interim statement for services.
0007-SWP-005801238 CONFIDENTIAL