Inland Rubber Co. v. Indus. Comm'n

• Decision Date: 20 June 1923
• Docket Number: No. 15314.,15314.
• Citation: 309 Ill. 43,140 N.E. 26
• Parties: INLAND RUBBER CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

309 Ill. 43

140 N.E. 26

INLAND RUBBER CO.

v.INDUSTRIAL COMMISSION et al.

No. 15314.

Supreme Court of Illinois.

June 20, 1923.

Error to Circuit Court, Cook County; Lee W. Carrier, Judge.

Proceedings by Earl R. Hummel for compensation under the Workmen's Compensation Act, opposed by the Inland Rubber Company, employer. A denial of compensation by an arbitrator was set aside by the Industrial Commission on review, and an award for temporary total incapacity entered, which award was in turn set aside by the circuit court, and claimant brings error.

Affirmed.George B. Cohen, of Chicago, for plaintiff in error.

Syffe & Clarke, of Chicago (Philip C. Klohr, of Chicago, of counsel), for defendant in error.

THOMPSON, J.

Plaintiff in error, Earl R. Hummel, while in the employ of the Inland Rubber Company as a finisher of automobile tires, claims to have received an injury which finally totally incapacitated him for work. He was employed by the company in January, 1919, and continued in the employment until he was discharged, in November, 1920. He earned about $50 a week. He testified that he was in good health when he entered the company's employment; that he had a slight accident in April, 1919; that he did not consider it serious and did not claim compensation at that time; that thereafter he occasionally suffered pains in his hips similar to those caused by rheumatism; that about the 1st of July, 1920, he was pushing a jack, which rolled on four casters, and which carried a tire in which there was an iron core; that one of the casters stuck and the jack tilted; that in an effort to keep it from falling he slipped and fell and the jack fell on him; that his buddy, Earl Buck, helped him right the jack and place the tire back on it; that thereafter he suffered considerable pain in his hips; that he did not think his injuries serious and continued work; that two or three days after the injury he told Lawrence Sexton, assistant superintendent, about the accident; that Sexton told him that the soreness would soon leave; that the pains increased, and he told Sexton that he wanted to be examined by the company physician; that with Sexton's consent he went to Dr. Sumner L. Koch for an examination; that Dr. Koch examined him thoroughly, but said he could not determine the extent of his injury without an X-ray picture; that no picture was taken at that time; that during the 4 1/2 months he continued in the employ of the company after the accident he lost 6 or 7 days because his hips pained him so much that he could not work; that he does not remember the dates when he did not work; that from time to time he told Sexton that his hips still gave him trouble; that he was discharged about the middle of November; that he rested for about 2 weeks and then took employment with an Atlantic and Pacific Tea Company store; that he worked there 4 or 5 weeks; that he consulted his family physician, Dr. Mandel Cohen, about the 1st of October, 1920, and was still taking treatment from him at the time of the hearing; that in January, 1921, X-ray pictures were taken, and he was thereafter placed in a cast and kept in bed until July; that he is now totally disabled; that he filed a claim for compensation with the Industrial Commission on January 23, 1921; and that this was the first formal claim which he made.

Earl Buck testified that he was working with Hummel about July 1, 1920, when he was injured; that he did not see the jack fall but saw Hummel lying on the floor and went to help him; that he stood up and seemed to be suffering from pain in his hip; that a couple of days after the accident he heard Hummel tell Sexton that he had hurt his hip; that he heard him talk to Sexton about it several times; that prior to the injury Hummel was not lame, but that subsequently thereto he limped considerably. Several other witnesses testified that Hummel was able-bodied and danced and skated before the accident, but that he continued to become more and more lame after that time.

Lawrence E. Sexton testified that he knew Hummel; that he limped slightly when he began working for the company and that his limp became gradually worse until he was discharged; that several times Hummel told him he would have to lay off a few days because he was suffering from rheumatism; that no injury was reported to him and that Hummel never talked to him about an injury; that Hummel talked to him frequently about his rheumatism; that in October, 1920, Hummel told him his rheumatism was worse and he would have to have his tonsils removed; that he would be gone some days but wanted him to hold his place for him; that about six weeks later business became slack and Hummel was discharged with several other men; that after he had been gone for some time witness met him and talked with him, and that Hummel told him his rheumatism had gotten the best of him and that his doctors said he would have to have his legs put in a cast; that he said nothing to him about an injury having occurred the previous July and made no demand for compensation. There were other witnesses who testified that Hummel walked with a limp prior to July 1, 1920, and that he often ascribed his disability to rheumatism.

Dr. Sumner L. Koch testified that he did not recall examining Hummel at the time indicated by him, but that he would not say that he did not. Dr. Mandel Cohen testified that he examined Hummel first October 3, 1920, and that he kept him under observation and treatment until he put him to bed in January, 1921; that he had him examined with an X-ray machine January 10, by Dr. Frank Norton and January 11 by Dr. Max Reichman; that the pictures revealed a synovial effusion in the hip joints; that the condition indicates a traumatic tubercular coxitis; that the condition is such that he is of the opinion that the trauma causing it occurred not more than six months before the examination; that Hummel was placed in a cast which covered his body from above the hips to his toes on the left leg and below his knee on the right leg; that there are no tubercular lesions in other parts of Hummel's body; that Hummel is...