(Download) "Illinois Valley Irrigation v. Ind. Com." by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Illinois Valley Irrigation v. Ind. Com.
- Author : Supreme Court of Illinois
- Release Date : January 05, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In June of 1971, the petitioner, Lois Bamberger, on behalf of herself and two minor children, filed a claim under the Workmen's Compensation Act (Ill. Rev. Stat. 1971, ch. 48, par. 138.1 et seq.) with the Industrial Commission to recover for the death of her husband, John K. Bamberger, who had been employed by the respondent, Illinois Valley Irrigation Corporation. (The record does not disclose the reasons for the unusual delay in the completion of proceedings prior to appeal to this court.) An arbitrator's decision denying her claim was reversed by the Industrial Commission, and the circuit court of Peoria County confirmed the Commission's award. The respondent has appealed directly to this court under our Rule 302(a)(2). 58 Ill.2d R. 302 (a)(2). On Monday, May 25, 1970, Bamberger and a co-worker drove from Havana to a jobsite in Woodstock. They had been assigned to replace a section of underground plastic irrigation pipe with iron pipe and to also replace pivot points on an irrigation system. They drove separate pickup trucks, loaded with 8-inch-diameter, 12-gauge iron pipe, which weighed 9 pounds per running foot. Four 20-foot lengths of this pipe were hung on a rack above the bed of the trucks, approximately 6 1/2 feet above the ground. Other 10-foot sections of pipe and four pivot points, each weighing 60 to 90 pounds, were on the beds of the trucks. The two men arrived at 12:30 p.m. at the farm where the work was to be done and unloaded the materials by hand. It was a sunny day and the temperature was in the low 80's. It took them 1 hour and 15 minutes to unload the trucks.
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