Jones v. Industrial Commission
Decision Date | 23 January 1980 |
Docket Number | No. 51998,51998 |
Citation | 399 N.E.2d 1314,35 Ill.Dec. 786,78 Ill.2d 284 |
Parties | , 35 Ill.Dec. 786 Dean P. JONES, Appellant, v. The INDUSTRIAL COMMISSION et al. (Phoenix Closures, Inc., Appellee). |
Court | Illinois Supreme Court |
Beermann, Swerdlove, Woloshin & Barezky, and Jordan Teplitz, Ltd., Chicago (Miles N. Beermann and Howard A. London, Chicago, of counsel), for appellant.
Richard W. Baum, of Burgeson, Laughlin, Cunningham & Smith, Chicago, for appellees.
Dean Jones filed a claim under the Workmen's Compensation Act ( ) for injuries sustained on a parking lot provided for employees by Phoenix Closures, Inc. (Phoenix), his employer, when he accidentally closed a car door on his hand while alighting from his automobile. The arbitrator and the Industrial Commission denied an award and the circuit court of Cook County confirmed the Commission's decision. The claimant brought a direct appeal to this court under Rule 302(a). 73 Ill.2d R. 302(a).
The facts are not in dispute. The claimant, at the time of his injury, had been employed by Phoenix for two years. At about 3:45 p. m. on July 14, 1975, he arrived at the parking lot prepared to begin work at 4 o'clock. He parked his car and as he was leaving it he accidentally closed the door on his right hand. Upon reporting his injury to his supervisor and a company nurse, he was sent to a hospital where X rays revealed a fracture of the fifth metacarpal of the right hand. The claimant was hospitalized for five days and required to wear a cast for two months. He returned to work on September 2, 1975.
This court has held that an accidental injury of an employee on an employer's parking lot within a reasonable time before or after work is sustained in the course of employment. (See, e. g., Aaron v. Industrial Com. (1974), 59 Ill.2d 267, 269, 319 N.E.2d 820; De Hoyos v. Industrial Com. (1962), 26 Ill.2d 110, 185 N.E.2d 885.) An injury, however, must also have arisen out of the employment to come within the provisions of the Workmen's Compensation Act. The question here was whether the injury arose out of the employment. In Chmelik v. Vana (1964), 31 Ill.2d 272, 201 N.E.2d 434, the court discussed the nature of the term:
...
To continue reading
Request your trial-
McAllister v. Ill. Workers' Comp. Comm'n
...lot); Campbell "66" Express , 83 Ill. 2d at 355, 47 Ill.Dec. 730, 415 N.E.2d 1043 (tornado); Jones v. Industrial Comm'n , 78 Ill. 2d 284, 285, 35 Ill.Dec. 786, 399 N.E.2d 1314, 1315 (1980) (car door closed on employee's hand in the employer's parking lot); Eisenberg v. Industrial Comm'n , 6......
-
Caterpillar Tractor Co. v. Industrial Com'n
...time before and after work are generally deemed to arise in the course of the employment (see Jones v. Industrial Comm'n (1980), 78 Ill.2d 284, 286, 35 Ill.Dec. 786, 399 N.E.2d 1314; Peel v. Industrial Comm'n (1977), 66 Ill.2d 257, 260, 5 Ill.Dec. 861, 362 N.E.2d 332) and Caterpillar does n......
-
Orsini v. Industrial Com'n
...N.E.2d 694; see also Rogers v. Industrial Com. (1980), 83 Ill.2d 221, 46 Ill.Dec. 691, 414 N.E.2d 744; Jones v. Industrial Com. (1980), 78 Ill.2d 284, 35 Ill.Dec. 786, 399 N.E.2d 1314. In our judgment, the determination as to whether Orsini's injury arose out of his employment at Wilmette T......
-
Rogers v. Industrial Commission
...one to which the public generally is subjected. Chmelik v. Vana (1964), 31 Ill.2d 272, 201 N.E.2d 434; Jones v. Industrial Com. (1980), 78 Ill.2d 284, 35 Ill.Dec. 786, 399 N.E.2d 1314. The claimant contends that the facts are undisputed and that the question of whether the injury arose out ......