Perry Cnty. Coal Corp. v. Indus. Comm'n
| Citation | 305 Ill. 513,137 N.E. 420 |
| Decision Date | 19 December 1922 |
| Docket Number | No. 14829.,14829. |
| Parties | PERRY COUNTY COAL CORPORATION v. INDUSTRIAL COMMISSION et al. |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
Error to Circuit Court, St. Clair County; Louis E. Bernreuter, Judge.
Proceeding under the Workmen's Compensation Act (Laws 1913, p. 335) by Morgan Morgan, opposed by the Perry County Coal Corporation, employer. An award of compensation for permanent total disability was confirmed by the circuit court, and the employer brings error.
Reversed and remanded, with directions.M. C. Young, of St. Louis, Mo. (Burton & Hamilton, of Peoria, of counsel), for plaintiff in error.
W. J. MacDonald, of Chicago, and Joseph A. Londrigan, of Springfield, for defendant in error.
This is a workman's compensation case. A writ of error was granted by this court to review a judgment of the circuit court of St. Clair county, confirming an award of compensation to Morgan Morgan. Morgan was employed by plaintiff in error as a coal miner and was engaged in mining coal. August 28, 1918, he was injured by a fall of rock from the roof. The rock fell on his head, causing a strain in the left side, and it is admitted by the plaintiff in error it resulted in a hernia on that side. Morgan quit work until the 31st day of August, when he returned to the mine and worked until the 17th of September. He thereafter ceased work and filed an application for compensation, which was heard by an arbitrator April 29, 1919, who made an award of $15 a week for a period of nine weeks and one day, all of which has been paid by plaintiff in error. No other compensation was allowed by the arbitrator. Morgan filed a petition for review by the Industrial Commission. The case was heard on review and an award made June 30, 1920. The Industrial Commission found Morgan had become totally disabled and permanently incapable of performing work after March 8, 1919, and an award was made of $15 a week for 257 weeks, $7.66 for 1 week, and a pension for life of $26.67 per month. This writ of error was sued out to review the judgment of the circuit court confirming the award.
At the hearing before the arbitrator, Morgan described the injury received August 28 and its effect upon him. He testified he returned to work August 31 and worked until September 17, when he quit and did not again return to work until the 21st of November. Before that date he had been operated on for hernia. He worked until March 8, 1919, but lost approximately 2 days each pay; pay day being every 2 weeks. Before he was injured he was able to load six cars of coal a day, but since then has been able to load only about four. After March 8, 1919, he ceased work at the mine. He testified the operation for hernia relieved him in a large degree, but when he worked it caused pain in his testicles and he could not sleep at night. When he worked he wore a support. He testified plaintiff in error paid the expense of his operation, which was performed by Dr. Wangelin, of Belleville. His testimony was the only evidence heard by the arbitrator.
Morgan filed a petition for review by the Industrial Commission. He testified at the hearing on review he had done no work at the mine since the hearing before the arbitrator; that he had not been able to go into the mine; that he had done some light work, fixing lawn mowers, and had tried to shovel coal at home, but was unable to do that kind of work; that he had been getting worse since the hearing before the arbitrator; that there had been a continual swelling of both testicles and the lower part of the abdomen; that exertion greatly increased the swelling, and he would have to go to bed. He testified before he was operated on he never had any of those symptoms. but they began when he left the hospital; that he now has pain all the time and does not sleep well; that he never had any such trouble before the injury; that for a short time after he left the hospital his condition improved and he worked some, but after the 8th of March, 1919, he was unable to work, and there has been no improvement in his condition, but he was getting worse all the time.
Elmo Brasel, an acquaintance of Morgan, testified he had seen Morgan at home lying in bed, and also saw him on the street; that he seemed to be in pain; that his actions were those of a man suffering pain all the time; that he did not appear that way before his injury.
Dr. Wangelin testified for plaintiff in error that he performed the operation for hernia. He described the manner of performing the operation. He had examined Morgan about 2 weeks before he testified; that the...
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