Allis-Chalmers Mfg. Co. v. Industrial Commission

• Decision Date: 30 November 1961
• Docket Number: ALLIS-CHALMERS,No. 36426,36426
• Citation: Allis-Chalmers Mfg. Co. v. Industrial Commission, 179 N.E.2d 1, 23 Ill.2d 497 (Ill. 1961)
• Parties: MANUFACTURING COMPANY, Plaintiff in Error. v. THE INDUSTRIAL COMMISSION et al. (Sidney Matson, Defendant in Error.)
• Court: Illinois Supreme Court

Page 1

179 N.E.2d 1

23 Ill.2d 497

ALLIS-CHALMERS MANUFACTURING COMPANY, Plaintiff in Error. v.THE INDUSTRIAL COMMISSION et al. (Sidney Matson, Defendant in Error.)

No. 36426.

Supreme Court of Illinois Nov. 30, 1961.

Rehearing Denied Jan. 22, 1962.

Earl S. Hodges, Springfield (Samuel C. Patton, Springfield, of counsel), for plaintiff in error.

Wm. H. Beckwith, Peoria, and C. A. Livingstone, Springfield, for defendant in error.

KLINGBIEL, Justice.

The circuit court of Sangamon County affirmed an award under the Workmen's Compensation Act to Sidney Matson for an alleged back injury sustained in the course of his employment by Allis-Chalmers Manufacturing Company.We have allowed the employer's petition for writ of error.The principal questions are (1) whether there is sufficient evidence to support the finding of an accidental injury and (2) whether Matson's receipt of unemployment compensation affects his right to collect workmen's compensation payments for the same period of time

The record shows that on March 10, 1958, the claimant, who had been employed by the company for some ten years, began a new job as a helper in the garage of the maintenance department.His hours of work were from 8:00 A.M. until 4:00 P.M.He had suffered from back trouble since 1950, and when he reported for work in the maintenance department he told the foreman that he could not do hard work, that he was unable to get under a truck or do other tasks requiring him to bend over, and that he had sustained an injury in 1950 which left him with a weak back.According to his testimony, on March 12, 1958, he'slipped on the oily floor' when he stooped over to pick up a jack, and experienced a sharp pain in the lower part of his back.He further testified that although two or three other men worked in the garage with him, no one was present at the time of the occurrence.

It happened, according to Matson's testimony, between 9:00 and 9:30 A.M. and he continued his work until the foreman came in about ten minutes later.He then reported the accident and was sent to the plant doctor.After an X ray was taken he returned to his work but was told shortly thereafter that he could not work any more and had to leave.Since that time he has been in the hospital several times for examination and treatment, and has not been employed.A physician who examined the claimant on the same day he filed his application with the Industrial Commission testified that he found a marked rigidity of the lumbar muscles and a painful arthritic condition which had probably been developing for some time, that a trauma such as a slipping and twisting of the back could aggravate the condition, and that the claimant is able to do light work but not heavy work.

Testimony by the foreman showed that on March 11, the day after Matson came to work in the maintenance department, he was told to report to the company doctor on his way to work the following morning, and that on the following day, March 12, he came in about 9:00 A.M. or a little after.The company doctor testified that he examined Matson on that date around 8:00 o'clock in the morning.The supervisor of nursing service testified that Matson came to the plant hospital at 7:30 on the morning of March 12 and left at 9:00 A.M.This is corroborated by Matson's employee pass, filled in at the time of the visit and introduced into evidence as an exhibit.It shows he entered the hospital at 7:30 and left at 9:00 A.M.The foreman further testified that at no time did Matson report to him the occurrence of an injury.The doctor testified the occasion for the examination was Matson's statement that he could not do the work assigned to him in the garage, which required bending over and greasing trucks and cranes.The witness could not recall any mention of an accident occurring on that date.Nor did Matson give any history of an accident at subsequent visits he made to the doctor's office.

On March 26, 1958, he applied to the Allis-Chalmers Mutual Aid Society for aid.The organization maintains a fund, made up of contributions by both employer and employee, to provide benefits during disability for nonindustrial causes.It does not cover disability from...