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Case Law Update: Worker’s Compensation in the Course of Employment

N Ming Auto Body v. The Industrial Commision, No. 1-07-1125WC (11/18/08) is a first district case which affirmed that after the Workers’ Compensation Commission affirmed that a portion of the arbitrator’s decision from Section 19(b) hearing that found that the claimant’s medical condition and surgery were causally related to an injury that arose out of and in the course of his employment, and that decision became final, the law of the case prevented later arbitrators and the Commission from overturning that finding in the hearing on permanency, even with evidence of fraud on the part of the claimant. Further, evidence supported award of 25% of person as a whole for twice operated back injury by auto mechanic. In addition, it was proper to allow introduction of interrogatory answers from automobile collision litigation to impeach claimant. This decision will have an impact on workers’ compensation cases.