Cronk v. Illinois Workers’ Compensation Commission

Claimant filed an application for adjustment of claim under the Workers’ Compensation Act seeking survivor benefits on behalf of a decedent who suffered a heart attack and died while shoveling snow for his employer. The arbitrator denied benefits by finding that claimant failed to prove the decedent sustained an accident arising out of and in the course of his employment and that the claimant was not entitled to benefits because he was an adult child of the decedent. The Workers’ Compensation Commission affirmed and adopted the arbitrator’s decision and claimant appealed. The appellate court reversed and remanded, finding that the commission’s decision was against the manifest weight of the evidence based on testimony that shoveling snow was a contributing factor in the decedent’s condition and that under the broad eligibility criteria for surviving children benefits claimant was entitled to benefits. (HOLDRIDGE, HOFFMAN, MULLEN, and CAVANAGH, concurring)