Duquoin Tp. High Sch. Dist. No. 100 v. Indus. Comm'n
Decision Date | 21 April 1928 |
Docket Number | No. 18574.,18574. |
Citation | 161 N.E. 108,329 Ill. 543 |
Parties | DUQUOIN TP. HIGH SCHOOL DIST. NO. 100 v. INDUSTRIAL COMMISSION et al. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Perry County; George A. Crow, Judge.
Proceeding under the Workmen's Compensation Act by John E. Mull, claimant, against the Duquoin Township High School District No. 100, employer. To review a judgment of the circuit court of Perry county confirming an order of the Industrial Commission awarding claimant compensation, employer brings error.
Reversed.William E. Wheeler and Martin F. Oehmke, both of East St. Louis (William C. Dunham, of East St. Louis, of counsel), for plaintiff in error.
A. C. Lewis, of Benton (Williams & Lewis, of Benton, of counsel), for defendant in error.
The Duquoin Township High School District No. 100 by leave of this court has sued out a writ of error to review a judgment of the circuit court of Perry county confirming an order of the Industrial Commission awarding John E. Mull $15 per week for a period of 1 4/7 weeks for temporary total incapacity and the sum of $15 per week for a period of 100 weeks for 50 per cent. permanent and complete loss of use of the right arm, to be paid by plaintiff in error under the Workmen's Compensation Act.
Plaintiff in error was engaged in the construction of an addition to its school building and entered into a contract with Ashby Snyder, an electrical contractor, for wiring the building. In carrying out this contract Snyder employed, among others, John E. Mull, and on or about January 30, 1924, while Mull was in the assembly hall on the second floor of the addition in the performance of his duties, he stepped into a hole left for a winding staircase and fell a distance of 23 feet, sustaining the injuries involved in this proceeding. He lost 18 days' time by reason of the accident, and thereafter returned to work at the high school building in Snyder's employ and continued to work there for several months. In January, 1925, he filed claim for compensation under the Compensation Act with the Industrial Commission against Snyder. This application was dismissed, and a settlement contract was entered into between Mull and Snyder on January 19, 1925, which contract was approved by the Industrial Commission. The district was not a party to this contract. Nothing was paid under the contract. Snyder carried no insurance and in May, 1925, was adjudicated a bankrupt. On July 29, [329 Ill. 545]1925, Mull filed with the Industrial Commission his claim for compensation against plaintiff in error for the same injury, alleging that at the time of the accident he was working for plaintiff in error.
At the hearing before the arbitrator plaintiff in error limited its appearance and moved to dismiss on the ground of want of jurisdiction. Mull's attorney then stated that the action was brought under section 31 of the Workmen's Compensation Act (Smith-Hurd Rev. St. 1927, c. 48, § 168), but no motion was made to amend the application at that or at any other time. At the close of the evidence pla...
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