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Justices Propose Changing Burden of Proof for Pneumoconiosis

By Sherri Okamoto (Legal Reporter)

Wednesday, October 30, 2013 | 0

The Illinois Appellate Court upheld an award of Occupational Disease Act benefits to a long-time coal miner for his pneumoconiosis, and three of its justices said they were prepared to find that workers who have pneumoconiosis should be deemed to be disabled as a matter of law.Case: Freeman United Coal Mining Co. v. Illinois Workers' Compensation Commission, No. 12-MR-56, 09/10/2013, published 10/28/2013. Facts: David Sims began working as an underground coal miner in 1977.Sims claimed he began to notice a change in his breathing while he was engaged in heavy lifting and while walking...

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