Hamilton v. Industrial Commission, 203 Ill. 2d 250

Summary

The Illinois Supreme Court held that, under section 1(d) of the Workers' Occupational Diseases Act, liability for occupational hearing loss rests with the employer in whose employment the employee was last exposed to the occupational disease hazard. Because Terry Hamilton was last exposed to loud noise while employed by Silgan Container Corporation, his former employer, American National Can Company, was not liable. The court affirmed the decision of the Industrial Commission and the lower courts.

Holdings

1. Section 1(d) clearly and mandatorily makes liable the employer in whose employment the employee was last exposed to the occupational disease hazard, regardless of the length of that last exposure. Because Hamilton was last exposed to loud noise while employed by Silgan Container, American National Can Company was not liable.
2. The Workers' Occupational Diseases Act does not permit the court to apportion liability for occupational hearing loss among successive employers; the legislature selected total compensation from the employer associated with the employee's last exposure.

Questions Presented

1. Whether section 1(d) of the Workers' Occupational Diseases Act imposes liability for occupational hearing loss on the employer in whose employment the employee was last exposed to the occupational disease hazard, even when the employee's injury was substantially caused by exposure during employment with a prior employer.
2. Whether liability for occupational hearing loss under the Act may be apportioned among successive employers.

Disposition

affirmed