Illinois Workers' Compensation Commission erred by finding miner's claim was abated
In May of 2000, coal miner Kenneth Van Houten died of a heart attack at the age of 61. Van Houten worked as a coal miner for 38 years where he was exposed to coal dust. He last worked as a miner in February of 1998 and filed a claim in 2000.
An Application for Adjustment of Claim was filed with the with the Illinois Workers' Compensation Commission, by his widow Artis.
The arbitrator ruled that Van Houten's death was a direct result of his exposure to coal dust over his 38 years of mining and that his lung disease was a causative factor in his death. Benefits were awarded as well as $4200 in funeral expenses.
The case was affirmed on appeal by the Commission, the circuit court and the appellate court.
The employer contends that the findings of the Illinois Workers' Compensation Commission are against the manifest weight of the evidence and challenged the causal connection between his occupational disease and his death. The appellate court affirmed the lower court's decisions with regard to these issues.
The finding that Van Houten was suffering from an occupational disease was supported by his doctor's testimony. The doctor found that Van Houten suffered from coal miner's pneumoconiosis and hypoxemia, both resulting from exposure to coal dust. The appellate court also confirmed the Commission's decision findings which were supported by substantial medical evidence. According to the medical evidence, Van Houten's disability developed within two years of his last day of working as a coal miner and that his exposure to coal dust aggravated his heart condition.
Van Houten's appeal challenged the Commission's finding that the "living miner's claim abates at the death of a miner." The appellate court disagreed wtih the Commission's findings and remanded the case on back to the Commission on this issue.
The Justices of the appellate court cited several precedents and found that "if a claimant in a workers' compensation case dies during the pendency of the claims process, the claim shall proceed as if death had not occurred. If the claim umtimately prevails, all compensation that would have been awarded to the claimant shall be paid to the dependents of the deceased claimant. Any other claims any dependent might have as a result of the claimant's death shall proceed unaffected."
The case was remanded to the Commission to determine the amount of disability owed to Van Houten's widow.
