$97,845
Occupational Disease
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Case Details
In Estate of Burns v. Consolidation Coal Company, an employee's death was attributed to coal workers’ pneumoconiosis and chronic obstructive pulmonary disease. The arbitrator awarded $97,845.45 in benefits, including burial expenses, which was upheld by the Appellate Court. The employer attempted to offset federal Black Lung benefits against the state award, but the court ruled this was not permissible under Section 19(g) proceedings.
Additional Notes
The case clarifies the limited inquiry of circuit courts in Section 19(g) proceedings for enforcing Commission awards. The Appellate Court decision was in 2015.