Citizens' Coal Mining Co. v. Indus. Comm'n

• Court: Illinois Supreme Court
• Writing for the Court: CARTWRIGHT
• Citation: Citizens' Coal Mining Co. v. Indus. Comm'n, 309 Ill. 473, 141 N.E. 134 (Ill. 1923)
• Decision Date: 20 October 1923
• Docket Number: No. 15426.,15426.
• Parties: CITIZENS' COAL MINING CO. v. INDUSTRIAL COMMISSION et al.

309 Ill. 473

141 N.E. 134

CITIZENS' COAL MINING CO.

v.INDUSTRIAL COMMISSION et al.

No. 15426.

Supreme Court of Illinois.

Oct. 20, 1923.

Error to Circuit Court, Sangamon County; E. S. Smith, Judge.

Proceedings under the Workmen's Compensation Act (Hurd's Rev. St. 1921, c. 48, §§ 126-152i) by John Shymansky, employee, against the Citizens' Coal Mining Company, employer, to recover compensation for injuries. An award by the Industrial Commission was confirmed by the circuit court on certiorari, and employer brings error.

Reversed.

T. W. Quinlan, of Springfield, for plaintiff in error.

Kerr, Murphy & Londrigan, of Springfield, for defendant in error.

CARTWRIGHT, J.

The defendant in error, John Shymansky, applied to the Industrial Commission for adjustment of his claim for an accidental injury alleged to have been suffered while in the employment of the plaintiff in error in its mine. The Industrial Commission awarded $12 per week for 291 weeks for total temporary incapacity for work. The circuit court of Sangamon county set aside the award and remanded the application to the Commission. There was a hearing under the remanding order, and the Commission awarded compensation of $12 a week for 72 weeks for temporary total incapacity and $6 per week for 344 weeks for partial incapacity. On a writ of certiorari from the circuit court the award was confirmed, and this court allowed a writ of error.

On the first hearing, on September 20, 1920, before an arbitrator, the applicant, John Shymansky, testified that on February 15, 1920, while working in the coal mine of the plaintiff in error, he pushed a car which was standing on a switch track and it slipped back and hurt him in his back; that he finished loading the car and went home and the third day sent for a doctor, who treated him; that afterward he was treated by Dr. Don Deal; and that before the injury his back was in good condition and since that time he had suffered pain and could not lift anything Dr. G. W. Staben, who treated the applicant three days after the injury, testified that he complained of pain in his back due to pushing a car, and that some time later, upon a call at the house of the applicant to see how he was getting along, he told the doctor that he had been sick and had influenza following the injury. Dr. Deal, who later treated the applicant, testified that he complained of pain in his back; that an X-ray picture was taken showing a lipping or extension of the bones of...