Panther Creek Mines, Inc. v. Indus. Comm'n

Citation342 Ill. 68,173 N.E. 818
Decision Date18 December 1930
Docket NumberNo. 20225.,20225.
PartiesPANTHER CREEK MINES, Inc., v. INDUSTRIAL COMMISSION et al.
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

Error to Circuit Court, Sangamon County; Charles G. Briggle, Judge.

Proceeding under the Workmen's Compensation Act by Theodore Dahikamp, employee, opposed by the Panther Creek Mines, Incorporated, employer. To review a judgment of the circuit court confirming an award made by the Industrial Commission, employer brings error.

Affirmed.

Johnson & Pefferle, of Springfield, for plaintiff in error.

A. C. Lewis, of Chicago, and Joseph A. Londrigan, of Springfield, for defendant in error.

FARMER, J.

This case is brought to this court upon the granting of a writ of error to review the judgment of the circuit court of Sangamon county confirming an award made by the Industrial Commission to Theodore Dahlkamp under the Workmen's Compensation Act (Cahill's Rev. St. 1927, c. 48, par. 201 et seq.).

Dahlkamp, a man about sixty-six years of age, received an injury by being struck in his left eye by a piece of coal while he was preparing to drill a hole in the coal mine of plaintiff in error. The injury was received about 3 o'clock in the afternoon on October 9, 1928. He finished his day's work and went home, where he bathed his eye and put some medicine in it. He did not return to work in the mine. The accident being an injury to the eye and loss of sight having occurred, the question is raised as to whether the employee gave notice to his employer within a reasonable time. The proof shows that one of Dahlkamp's sons who also worked in the mine reported the accidental injury received by his father to the employer on October 11. The report was made to a clerk in the employer's office, but he was not the chief clerk. Later the chief clerk stated he had received no notice of the injury, and thereafter two sons of Dahlkamp reported the injury to the chief clerk on October 31. Section 24 of the Workmen's Compensation Act (Cahill's Rev. St. 1927, c. 48, par. 224) requires that an accident be reported to the employer ‘as soon as practicable, but not later than thirty days after the accident.’ Plaintiff in error admits receiving the report of the injury on October 31, which was within thirty days after the accident. The proof shows the first report was made to plaintiff in error's office two days after the accident and the second report was made about three weeks after the accident. The notice was given within the required time, as has been held by this court in Simpson Co. v. Industrial Com., 337 Ill. 454, 169 N. E. 225, and numerous other cases.

Previous to the accident for which this claim for compensation was filed, Dahlkamp had received a slight injury to his right eye, which he reported to the employer and was ordered to go to Dr. Morris for treatment. He did not go to the doctor and the injury cleared up without treatment. He had been blind in that eye for about four years. After the injury to his left eye on October 9, Dahlkamp did not go to Dr. Morris for treatment of it because he was dissatisfied with the treatment he received from Dr. Morris four years previously, when he lost the sight of his right eye. Three or four days after his last injury he called Dr. Aschauer, an eye specialist, who treated him for two weeks. Then plaintiff in error sent Dr. Morris to his house to see him, and Dr. Morris saw him first on November 5, 1928, and had him removed to a hospital the next day. Dr. Morris though it advisable to remove the eyeball. Dahlkamp sent for Dr. Prince, another eye specialist. Dr. Prince did not consider it necessary to remove the eyeball but thought they could save nothing but the eyeball. Dahlkamp was removed to the Prince Sanitarium and his left eye was given a series of treatments. The inflammatory condition cleared up and Dahlkamp was discharged from treatment April 22, 1929. He was practically blind at that time. We do not think there is any merit in the contention made by plaintiff in error that the eyesight might have been saved or partially saved if Dr. Morris had treated it sooner. Superior Coal Co. v. Industrial Com., 326 Ill. 584, 158 N. E. 209, 54 A. L. R. 634.

The award made by the Industrial Commission was that the claimant receive from his employer the sum of $242 for medical services, the sum of $14 per week for a period of 27 6/7 weeks' temporary total incapacity, and the sum of $14 per week for the period of 120 weeks for the loss of vision of the left eye,...

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