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Proctor Community Hosp. v. Indus. Com.

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eBook details

  • Title: Proctor Community Hosp. v. Indus. Com.
  • Author : Supreme Court of Illinois
  • Release Date : January 30, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Respondent, Proctor Community Hospital, appeals from the judgment of the circuit court of Peoria County entered upon the
petition of Katherine Oakley, widow of Orvis W. Oakley, deceased, filed under section 19(g) of the Workmen's Compensation
Act. (Ill. Rev. Stat., ch. 48, par. 138.19(g).) In prior proceedings the Industrial Commission awarded compensation to petitioner,
the circuit court set aside the award and this court reversed the judgment of the circuit court and reinstated the award.
(Proctor Community Hospital v. Industrial Com., 41 Ill.2d 537.) Following issuance of our mandate respondent paid the amount
of the award, refused to pay interest thereon, and petitioner instituted the section 19(g) proceeding. The judgment appealed
from is in the amount of $1713.43, for interest computed in accordance with the provisions of section 3 of the Interest Act
(Ill. Rev. Stat. 1967, ch. 74, par. 3) from the date of the entry of the award to the date of payment. Section 3 provides: "Judgments recovered before any court or magistrate shall draw interest at the rate of 5% per annum from
the date of the same until satisfied. When judgment is entered upon any award, report or verdict, interest shall be computed
at the rate aforesaid, from the time when made or rendered to the time of rendering judgment upon the same, and made a part
of the judgment; Provided, however, that the judgment debtor may by tender of payment of judgment, costs and interest accrued
to date of tender, stop the further accrual of interest on such judgment notwithstanding the prosecution of appeal, writ of
error, or other steps to reverse, vacate or modify the judgment."


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