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11 Ill. App. 3d 106

296 N.E.2d 25

Smith v. Gen Co. Corp.

Appellate Court of Illinois

Decided April 30, 1973

Appellate Court of Illinois · decided 1973-04-30

Relies on 5 Ill. App. 3d 731 - Franklin v. Wellco Company

Good law ✅— No negative treatment on recordhow we know

Decided 1973-04-30

How this case has been cited

Cited by 25 later decisions — most recently March 2023 · most notably Pitulla v. Novoselsky (1990), 161 Ill. App. 3d 87 - Bray v. Industrial Commission (1987)

3 federal appellate · 21 state decisions

90197319801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. PRESIDING JUSTICE ALLOY

¶1specially concurring:

¶2My reluctant concurrence in the above case stems from the fact that, as stated in the case of Franklin v. Wellco Co., 5 Ill.App.3d 731, 283 N.E.2d 913, “The statute states that reasonable attorney’s fees shall be taxed when the employer refuses to pay the award.” I recognize that a deliberate delay may amount to refusal and that this becomes essentially a question of fact for determination by the circuit court as a trier of fact. I believe it is necessary, however, to emphasize that not every delay in and of itself could be construed to amount to a refusal to pay. A good faith delay would certainly not fall into this category. This cause is determined on the basis that the circuit court found that the delay was tantamount to a refusal. It does not mean, and should not mean, that any delay should be a basis for a finding that penalties invoked for vexatious delays and refusals to pay are available in all cases where payment is not made precisely in accordance with statutory provisions.

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