General Steel Industries v. Industrial Commission

• Decision Date: 24 November 1971
• Docket Number: No. 43912,43912
• Citation: 49 Ill.2d 552,276 N.E.2d 290
• Parties: GENERAL STEEL INDUSTRIES, Appellant, v. The INDUSTRIAL COMMISSION et al. (Fred Body, Appellee.)
• Court: Illinois Supreme Court

Page 290

276 N.E.2d 290

49 Ill.2d 552

GENERAL STEEL INDUSTRIES, Appellant, v.The INDUSTRIAL COMMISSION et al. (Fred Body, Appellee.)

No. 43912.

Supreme Court of Illinois.

Nov. 24, 1971.

Terryl Francis, Granite City, for appellee.

Keefe & DePauli, East St. Louis, for appellant.

RYAN, Justice.

This is an appeal from the circuit court of Madison County which confirmed the decision of the Industrial Commission affirming an award of the arbitrator.The arbitrator had awarded the claimant $58 per week from February 1, 1967, until $15,000 would have been paid and thereafter a pension of $150 per month for life under the provisions of the Workmen's Occupational Diseases Act. Ill.Rev.Stat.1965, ch. 48, par. 172.36 et seq.

The claimant started working for General Steel Industries at the age of 23 as a laborer.A year or so later he was transferred to the foundry division and worked there for over 43 years, during which time he was exposed to black smoke and dust including sand dust.He voluntarily retired in January, 1967.In 1948, 18 years before his retirement, his right lung was removed.Following this surgery for a few months he was assigned to work as a janitor and then returned to the foundry where he worked for 18 more years until his retirement.During 1965he was only off work two days and that was due to his wife's illness.In 1966he only missed two days of work until November of that year when he was hospitalized for some surgery due to a bladder condition.

In May 1967, four months after his retirement, he consulted a doctor, complaining of a cough, chest pains, shortness of breath, and pain in his legs.The doctor conducted a series of tests and testified before the arbitrator that he disgnosed the claimant's trouble as anthracosilicosis; that the condition was a direct result of his work environment and that he rated him as totally and permanently disabled.The doctor also testified that he was the father of the attorney for the claimant.The employer offered no medical testimony in opposition to that produced by the claimant.

The employer contends that since the claimant had voluntarily retired, not because of health reasons but to take his steelworker's pension and social security, he cannot now claim disability benefits under the Act.We find no indication in the Act that the legislature intended the claimant to be denied benefits under these conditions.The Act provides that it is the date of disablement and not the date of exposure which governs the giving of notice and filing of a claim.(Ill.Rev.Stat.1965, ch. 48, par. 172.41(c); see aso Mosby v. Michael Reese Hospital, 49 Ill.App.2d 336, 199 N.E.2d 633.)That the disablement may have become apparent and occurred after the employment has terminated by voluntary retirement is not a factor that will preclude recovery.

A claimant seeking recovery under the Act has the burden of...