This matter was considered by the Commission on remand from this court which directed the Commission to take evidence in its determination to award section 16 attorney fees. 246 Ill. App.
Respondent employer is the County of Cook.
The Commission has filed a responsive brief in this appeal. Ill. Rev. Stat. Both parties sought review before the Commis- sion, but respondent's petition for review was dismissed on respondent's motion which indicated claimant had been paid. The Commission denied claimant's request for additional attorney fees and penalties because claimant failed to prove respondent's delay in paying TTD after the arbitrator's decision was unreasonable and without good cause. The circuit court found the Commission had improperly imposed upon claimant the burden of proving that the respondent's filing of a petition for review was vexatious and unreasonable under the circumstances.