Peel v. Industrial Commission
| Decision Date | 05 April 1977 |
| Docket Number | No. 48369,48369 |
| Citation | 5 Ill.Dec. 861,362 N.E.2d 332,66 Ill.2d 257 |
| Parties | , 5 Ill.Dec. 861 Wayne PEEL, Appellant, v. The INDUSTRIAL COMMISSION et al. (Peabody Coal Co., Appellees.) |
| Court | Illinois Supreme Court |
Lindholm & Williamson, Peoria (Harold G. Lindholm, Peoria, of counsel), for appellant.
Keefe & DePauli, East St. Louis (Thomas Q. Keefe, East St. Louis, of counsel), for appellees.
In this workmen's compensation case the arbitrator found that the employee, Wayne Peel, had failed to sustain the burden of proving that the injury he sustained on December 19, 1973, arose out of and in the course of his employment. The Industrial Commission affirmed the decision of the arbitrator and the circuit court of Christian County confirmed the decision of the Commission. The sole question before this court is whether the decision of the Industrial Commission is against the manifest weight of the evidence. We conclude that it is.
On December 19, 1973, Wayne Peel was employed by the Peabody Coal Co. and worked the midnight shift from 12 midnight to 8 a.m. After work he got into an automobile which was being driven by a co-worker. The automobile had been parked in a parking area on the employer's property. A two-lane road led from the parking area next to the mine across company property through a 20-foot-wide gate at the exit onto a public road. It had snowed during the night and there were 10 to 12 inches of snow on the ground. There was another exit from the company property, but that was completely blocked with snow. As Peel approached the exit gate, he noticed another car stuck in the snow ahead of him. This other car was about 5 feet inside the exit gate. It was on company property and completely blocked the exit, which had been reduced to one lane of traffic by the snow. Another car was behind the car in which Peel was riding. There was no way of getting on or off the company property until the car ahead was removed. Peel and others from the three vehicles all attempted to push the car, which was blocking the exit, out of the snow. As they did so, Peel's feet slipped and his nose hit the trunk of the stalled car, causing the injury for which he now seeks compensation.
Generally speaking, an injury received on the premises of an employer by an employee going to or from his actual employment by a customary or permitted way will be deemed to have arisen out of and in the course of the employment. (Deal v. Industrial Com., 65 Ill.2d 234, 2 Ill.Dec. 374, 357 N.E.2d 541.) This court in Chmelik v. Vana, 31 Ill.2d 272, 201 N.E.2d 434, defined the dual aspect of the requirement of the statute (Ill.Rev.Stat.1973, ch. 48, par. 138.2) that the injury arise 'out of and in the course of the employment.' The words 'in the course of the employment' refer to the time, place and circumstances under which the accident occurred. (31 Ill.2d 272, 278.) This court has recognized that an accidental injury which is sustained on an employer's parking lot within a reasonable time before or after work arises In the course of the employment. (Aaron v. Industrial Com., 59 Ill.2d 267, 319 N.E.2d 820.) It is not enough, however, that the accidental injury arise in the course of the employment. To be compensable, it must...
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