Gudeman Co. v. Indus. Comm'n

• Decision Date: 15 March 1948
• Docket Number: No. 30288.,30288.
• Citation: 77 N.E.2d 807,399 Ill. 279
• Parties: GUDEMAN CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

399 Ill. 279

77 N.E.2d 807

GUDEMAN CO.

v.INDUSTRIAL COMMISSION et al.

No. 30288.

Supreme Court of Illinois.

Jan. 22, 1948.

As Modified on Denial of Rehearing March 15, 1948.

Error to Superior Court, Cook County; Joseph A. Graber, Judge.

Proceeding under the Workmen's Compensation Act by Bessie Schneider, claimant, opposed by the Gudeman Company, employer. Judgment reversing and setting aside an award of the Industrial Commission allowing compensation, and claimant brings error.

Judgment reversed; award confirmed.

Arthur O. Kane and Arthus S. Gomberg, both of Chicago, for plaintiff in error.

Vogel & Bunge, of Chicago (L. H. Vogel and Frank H. Masters, Jr., both of Chicago, of counsel), for defendant in error.

SIMPSON, Justice.

This is a writ of error to review the judgment and order of the superior court of Cook County, which reversed and set aside the action of the Industrial Commission allowing compensation to plaintiff in error, Bessie Schneider, as widow of John Schneider, deceased.

John Schneider had been afficted with diadetes for about 20 years prior to October 3, 1944. In 1938 he received an injury to one of the toes on his left foot and soon thereafter his left leg was amputated above the knee and an artificial limb was substituted therefor. On October 3, 1944, and long prior thereto, he was employed by defendant in error in its assembly department.On said last-mentioned date while in the line of duty he bumped his toe on a heavy metal pan causing an injury thereto from which complications developed. Soon after the injury, the company nurse applied medication and bandaged the big toe and the one next to it. The same night he complained to his wife that his foot felt cold and did not seem to have proper circulation. The bandage remained on for a few weeks and then the company doctor removed it. His wife then noticed that there was a crack or cut on the bottom of his foot at the great toe. The foot was medicated by both Schneider and his wife from time to time. On November 4, 1944, when he came home from work his stocking was wet and there was pus oozing out of the cut underneath the toe. He continued medication until November 6, 1944, when a doctor was summoned and prescribed treatment. This doctor attended Schneider every day until November 11 when is seemed the cut was healing and thereafter the doctor saw him every third day until November 22 when the condition became serious and a progressive gangrene was discerned. Schneider was then taken to the hospital and on November 24 his right leg was amputated above the knee. On December 21, 1944, he was taken home in a wheel chair. Beginning with January 5, 1945, he complained of a terrible headache. On January 7 he was again taken to the hospital and his death occurred on the 10th of that month from cerebral thrombosis.

The only fact in dispute is whether or not there was a causal connection between the injury and the death. There was a series of occurrences beginning with the injury on October 3, 1944, which progressed to the time of Schneider's death. First there was the injury, then a break in the skin, then pus, then gangrene, followed by amputation and the return home in about three weeks. Two weeks later severe headaches began and...