Decatur Constr. Co. v. Indus. Comm'n

• Decision Date: 15 February 1921
• Docket Number: No. 13699.,13699.
• Citation: 296 Ill. 290,129 N.E. 738
• Parties: DECATUR CONSTRUCTION CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

296 Ill. 290

129 N.E. 738

DECATUR CONSTRUCTION CO.

v.INDUSTRIAL COMMISSION et al.

No. 13699.

Supreme Court of Illinois.

Feb. 15, 1921.

Error to Circuit Court, Macon County; William K. Whitfield, Judge.

Proceedings under the Workmen's Compensation Act by William E. Wilhite for compensation for injuries, opposed by the Decatur Construction Company, employer. Compensation was awarded, and the award confirmed by the circuit court, and the employer brings error.

Reversed and remanded, with directions.

Gallagher, Kohlsaat & Rinaker, of Chicago, for plaintiff in error.

Henson & Helmick, of Decatur, for defendant in error.

CARTWRIGHT, C. J.

On January 16, 1919, William E. Wilhite was employed as foreman by the Decatur Construction Company in the construction of a runway at a grain elevator at Prairie Hall, in Macon county. About 50 or 60 feet from the elevator there was a small office building, used by the construction company for the storage of tools, and for the men to change their clothes and eat their noonday meals. In the morning of that day Wilhite and his helper went to the office to get their tools and put on their overalls, preparatory to going to work. The helper secured his tools and left the office, but Wilhite remained to start a fire in the stove, so that the men would have a warm place to eat their dinner. He started the fire with the aid of a can of gasoline, which exploded and set fire to his clothing, so that he was burned about the hands and legs. He was taken to a hospital at Decatur, where he remained for 9 weeks and 3 days, and he made application to the Industrial Commission for compensation for his injuries.

There was a hearing before an arbitrator, where the contest related to the extent of the injuries and the amount of compensation to which Wilhite was entitled. The arbitrator awarded $5.14 for 1 week and $12 per week for 9 weeks for temporary total incapacity, and the further sum of $12 per week for 131 weeks and $3 for 1 week for the reason that the injuries sustained caused a permanent loss of 50 per cent. of the use of the left leg and a like permanent loss of 50 per cent. of the use of the right leg. A petition for a review of the award was filed, and a hearing was had before the Industrial Commission, where it was stipulated that, since the transcript of the testimony taken before the arbitrator could not be obtained, the application should be tried de novo upon evidence produced before the commission. On the hearing an award was made of $12 a week for a period of 46 2/7 weeks for temporary total disability, $12 per week for 61 1/4 weeks on account of 35 per cent. of permanent loss of the use of the left leg, and $12 per week for a period of 17 1/2 weeks for 10 per cent. loss of the use of the right leg. A writ of certiorari was sued out of the circuit court of Macon county, and the court quashed the writ and confirmed the decision of the Industrial Commission. This court awarded a writ of error for a review of the record.

William E. Wilhite objected in this court to the jurisdiction of the circuit court, on the ground that the decision of the Industrial Commission was made and filed on January 15, 1920, and the writ of certiorari was sued out of the circuit court on February 9, 1920, more than 20 days after the decision of the Industrial Commission. The objection, if well grounded, could not be entertained, becuase it was not made in the circuit court; but Wilhite appeared...